[HISTORY: Adopted by the Annual Town Meeting of the Town
of Harvard 4-2-2005 by Art. 40. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 62.
It shall be unlawful for any solicitor or canvasser as defined
in this bylaw to engage in the business of soliciting or canvassing
within the Town of Harvard without first obtaining a license therefor
in compliance with the provisions of this bylaw. The provisions of
this bylaw shall not apply to any person who is exempt from regulation
by this bylaw under the provisions of Chapter 101 of the Massachusetts
General Laws or any other state law, or to any person duly licensed
under said Chapter 101, nor shall this bylaw be construed to prevent
route salespersons or other persons having established customers to
whom they make periodic deliveries or visits from calling upon such
customers or from making calls upon prospective customers to solicit
an order for future periodic route deliveries.
As used in this bylaw, a "solicitor" or "canvasser" is any person
who, for himself or herself, or for another person, firm or corporation
travels by foot, automobile or any other means of travel from place
to place, from house to house, or from street to street, taking or
attempting to lease or take orders for the retail sale of goods, wares,
merchandise, or services, including, without limitation, the selling,
distributing, exposing for sale or soliciting orders for magazines,
books, periodicals or other articles of a commercial nature, the contracting
of home improvements, or for services to be performed in the future,
whether or not such person has, carries or exposes for retail sale
a sample of the subject of such sale or whether such person is collecting
advance payment on such retail sales.
Applicants for a license to canvass or solicit shall file with
the Chief of Police, on a form issued by the Police Department, a
written application signed under penalties of perjury, containing
the following information:
A.
Name of applicant;
B.
Address of applicant;
C.
Applicant's height, weight, eye and hair color;
D.
Applicant's social security number;
E.
The length of time for which the right to do business is desired;
F.
A brief description of the nature of the business and the goods to
be sold;
G.
The name and home office address of the applicant's employer.
If self-employed, it shall so state;
H.
A photograph of the applicant which picture shall be submitted by
the applicant and be two inches by two inches showing the head and
shoulders of the applicant in a clear and distinguishing manner;
I.
If operating a motor vehicle: the year, make, model, vehicle identification
number, registration number, state of registration, vehicle's
owner and address.
At the time of filing the application, each applicant shall
pay a nonrefundable fee of $5.
A.
Upon receipt of the application, the Chief of Police shall investigate
the applicant's reputation as to honesty and integrity.
B.
After an investigation of the applicant's honesty and integrity,
but within seven business days of the filing of the application, the
Chief of Police shall endorse on such application his approval or
disapproval. Failure of the Police Chief to act on such application
within seven business days of filing shall constitute approval thereof.
If disapproved, the applicant shall have the right to appeal to the Select
Board in writing within seven business days of the disapproval by
the Chief of Police. The Select Board must act upon the appeal at
one of their next two regularly scheduled meetings. Failure to so
act shall constitute approval thereof.
[Amended 10-22-2018 STM by Art.
1]
C.
Such license, when issued, shall contain the signature of the Chief
of Police or the Select Board and shall show the name, address and
a photograph of the licensee, the date of issuance and the length
of time that the license shall be in effect and the license number.
The Police Department shall keep a record of all such licenses issued
for a period of six years. Solicitors and canvassers, when engaged
in the business of soliciting or canvassing, are required to display
an identifying badge issued by the Police Department by wearing said
badge on an outer garment. Each licensee is required to possess an
individual license.
[Amended 10-22-2018 STM by Art.
1]
D.
Duty of police to enforce/transfer: The police officers of the Town
shall enforce this bylaw. No license shall be transferred.
[Amended 10-22-2018 STM by Art.
1]
The Chief of Police may revoke licenses issued pursuant to this
bylaw. Any person aggrieved by such revocation may appeal to the Select
Board within seven business days and a hearing will be scheduled for
one of the next two regularly scheduled meetings of the Select Board.
Each license issued under the provisions of this bylaw shall
continue in force from the date of issue until the 31st day of December
following, unless sooner revoked.
The Chief of Police may renew licenses issued under the provisions
of this regulation. An applicant requesting renewal of a license must
apply in person for such license renewal, and provide such information
as is required to obtain an initial license.
A.
No solicitor or canvasser, licensed or exempted from license, shall
misrepresent, in any manner, the buyer's right to cancel an order.
B.
It shall be unlawful for any solicitor or canvasser to ignore a "no
trespassing" or "no solicitors" sign. No solicitor or canvasser may
use any plan, scheme, or ruse, which misrepresents the true status
or mission of the person or establishment with the purpose of making
sales of consumer goods or services.
C.
Trespassing. It shall be unlawful for any canvasser or solicitor
to enter the premises of a resident or business who has a resident
or business person's no solicitation or no trespassing directive
or to remain on private property after its owner or other person in
lawful possession has indicated that the canvasser or solicitor is
not permitted to remain on thereon.
D.
Hours. It shall be a violation of this bylaw to solicit or canvass,
as defined in this bylaw, between sunset and 9:00 a.m.
[Amended 6-21-2005 STM by Art. 7]
Any person violating any provision of this bylaw shall, upon
conviction thereof, be punished by a fine of $50 for each and every
violation. As an alternative to criminal prosecution for violations
of this bylaw, violators may be punished by the imposition of a civil
fine pursuant to the provisions of Massachusetts General Laws Chapter
40, Section 21D. Such civil fine shall not exceed $50 for each and
every violation.
