[Adopted as Title 5, Ch. 5.56, of the 1986 Code]
A. 
No person who engages in a temporary or transient business selling any goods, wares or merchandise, either in one location or in traveling from place to place, shall conduct such business within the City without first having obtained any necessary state license issued pursuant to MGL c. 101, § 3, and a local transient vendor license issued and signed by the City Clerk.
B. 
"Temporary or transient business" means any exhibition and sale of any goods, wares or merchandise which is carried on in any tent, booth, or other open-air structure, including the display of goods, wares or merchandise in an unenclosed location exposed for sale on a table, in containers, or on the ground, unless such location is open for business during usual business hours for a period of at least 12 consecutive months.
A. 
Prior to the issuance of a transient vendor's licensed by the City Clerk, the applicant shall be required to provide on a form approved by the Clerk the following information:
(1) 
The name and permanent residential address of the applicant, his/her business address if different from the residential address, and the names and addresses of any persons who will be aiding or assisting the applicant in conducting his business at the proposed site of his/her sales.
(2) 
Identification of any and all types of goods, wares or merchandise to be included in his/her sales inventory at the site wherein or whereat such sales are to be conducted.
(3) 
The location of the property site where such sales are to be conducted. If the site is not owned by the transient vendor, he/she shall provide the City Clerk with a validly executed lease or letter of permission from the owner of the property site allowing the vendor to conduct such activity upon such site.
(4) 
A statement, pursuant to MGL c. 62C, § 49A, signed under the pains and penalties of perjury, reciting that the applicant is and shall remain in full compliance with all laws and regulations of the commonwealth relative to the payment of state sales taxes and any other state taxes or duties applicable to the goods, wares and merchandise which the applicant shall display for sale.
B. 
The City Clerk, prior to issuance of any such license, shall forward the completed application to the Board of Police Commissioners for a determination as to whether the records of the Police Department indicate any just cause for the denial or issuance of said license due to fraudulent or illegal activities conducted by the applicant with respect to his operation of a temporary or transient business.
C. 
Following compliance with the requirements of this section, and upon payment of a fee of $250, the Clerk shall issue the license. A license shall only be valid when used by the person in whose name it has been issued and shall not be transferable. Licenses shall expire on the next January 1 following the date of issuance.
Every transient vendor, while engaged in the sale of goods, wares or merchandise within the City, must have his local transient vendor license in his possession and available for inspection. Any vendor who fails to exhibit his license when the same is demanded of him/her by a police officer shall be in violation of this article. Such violation shall be punishable by a fine of no less than $100 and no more than the maximum amount provided by law.
A transient vendor license may not be transferred or assigned to any other person, or used by any party other than the person to whom it has been issued.
Any license issued pursuant to this article may be revoked for just cause by the City Clerk following a hearing and decision by the Board of Police Commissioners where a determination has been made that any fraudulent activities have occurred with respect to the operation of the temporary or transient business.
No transient vendor shall exhibit or sell any goods, wares or merchandise on any public street, sidewalk, terrace or tree belt without having first obtained an occupancy permit from the Director of Public Works pursuant to Chapter 338, Streets and Sidewalks, § 338-10.
This article shall be construed so as not to require the obtaining of a transient vendor's license by residents of the City who apply for and receive a tag sale license pursuant to Chapter 351, Tag/Garage Sales, of this Code.