[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.
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.
