[HISTORY: Adopted by the Town Meeting of the Town of Charlton
as Art. XXXIII of the 2005 Bylaws; amended in its entirety 5-19-2014
ATM by Art. 22. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 155.
A.
It shall
be unlawful for any solicitor or canvasser as defined in this bylaw
to engage in such business within the Town of Charlton without first
obtaining a license therefor in compliance with the provisions of
this bylaw.
(1)
The provisions of this bylaw, with the exception of § 160-4C, shall not apply to:
(a)
Any person engaged in the pursuit of soliciting for charitable, benevolent,
fraternal, religious or political activities;
(b)
Any person exempted by any other General Law;
(c)
Salespersons or agents for wholesale houses, or firms who solicit
orders from or sell to retail dealers for resale, or to manufacturers
for manufacturing purposes; nor to
(d)
Bidders for public works or supplies.
(2)
Nor
shall this bylaw be construed in such a way as to prevent persons
having established customers to whom they make periodic deliveries
from calling upon such established customers to solicit an order for
future deliveries.
B.
"Solicitor
or canvasser" is defined as any person who, for such person or for
another person, firm, corporation or other legal entity, travels by
foot, automobile or any other type of conveyance from place to place,
or from house to house, for the purpose of soliciting funds for any
purpose or selling, distributing, offering or exposing for sale, or
soliciting orders for: (a) magazines, books, periodicals or other
articles, goods or items of a commercial nature; or (b) services of
a commercial nature, including without limiting the generality of
the foregoing, services for home, driveway or land improvements, whether
or not such individual has, carries or exposes a sample of or documents
relating to the subject of such sale, and whether or not he/she is
soliciting or collecting or attempting to collect advance payment
for or relating to the foregoing.
C.
Application.
(1)
Applicants
for a license shall file with the Chief of Police, on a form issued
by him/her, a written application signed under the penalty of perjury,
containing the following information:
(a)
Name of applicant.
(b)
Address of applicant (local and permanent address if different).
(c)
Applicant's height, eye and hair color.
(d)
Applicant's social security number.
(e)
The length of time for which the license is sought.
(f)
A brief description of the nature of the business and the goods and/or
services to be sold, distributed, offered or exposed.
(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, frontal view, which picture shall
be submitted by the applicant and be two (2) inches by two (2) inches,
showing the head and shoulders of the applicant in a clear manner
which would enable a person to identify the applicant upon sight.
(i)
A statement as to whether or not the applicant has been convicted
of any crime, including without limiting the generality of the foregoing,
any misdemeanor (excepting therefrom any motor vehicle violation),
within ten (10) years of the date of application, and the nature of
the offense.
(j)
If operating a motor vehicle: the year, make, color, model, motor
number, registration number, state of registration, vehicle's owner
and address.
(k)
The applicant's fingerprints.
(2)
Handling
and procedures as to fingerprints shall conform with the Civil Fingerprinting
License Bylaw adopted pursuant to MGL c. 6, § 172B 1/2,
as part of the Charlton General Bylaws.[1] The Town shall comply with the requirements of MGL c. 93H
as to maintenance, storage and reporting of any actual or suspected
release or misuse of any "personal information," as defined in MGL
c. 93H, § 1(a), received in implementation of this
bylaw.
D.
At the
time of filing the application, each applicant shall pay a ten dollars
($10) to the Town of Charlton. The applicant shall also at the time
of filing the application pay a fee of fifty dollars ($50) for the
cost of civil fingerprinting pursuant to MGL c. 6, § 172B 1/2,
and the aforementioned Charlton Fingerprinting Bylaw.
E.
Investigation;
decision on application.
(1)
Upon receipt of the application, the Chief of Police (which, wherever used herein, shall be deemed to include the Chief's designee) shall investigate the applicant's background and reputation as to compliance with law, business practices, character, morals and integrity to the extent that such may relate to the standards set forth in Subsection E(2) immediately below.
(2)
Within twenty-one (21) days of his/her receipt of the application, the Chief shall approve or disapprove the application and notify the applicant of the decision. The decision may be based on any information reasonably related to public safety or protection of the public from fraud or unfair business practices (by way of example only: conviction of, or an admission or court finding of responsibility for, any crime or juvenile delinquency violation involving violence, fraud, theft, or misappropriation of funds; violation of a consumer protection law; dishonesty in contractual dealings with another person). Any denial shall be in writing and shall state the reason(s) for the denial, a copy of which shall be provided to the applicant. (Note: Nothing herein shall derogate from the provisions of Chapter 155, Licenses and Permits, Article I, concerning denial, revocation or suspension of any license for neglect or failure to pay any local tax, fee, assessment, betterment or other municipal charge, all of which shall apply to any license sought or granted under this bylaw.)
(3)
In
the event that the application is approved, a license and an identifying
badge shall be issued within three (3) business days of the decision.
F.
Appeals.
(1)
Any
applicant shall have the right to appeal a denial to the Board of
Selectmen, which shall uphold the Chief's decision unless it determines
that such was arbitrary, capricious or wholly unrelated to any ground
set forth above for denial.
(2)
Such
appeal shall be taken by filing with the Town Clerk, with a copy to
the Town Administrator's office, each by first class mail, postage
prepaid, or by hand delivery, a written statement of the grounds for
the appeal, within five (5) days after notice of decision by the Chief
of Police has been given.
(3)
The
Board of Selectmen shall set the time and place for the hearing such
appeal, and notice of such time and place shall be given by the Town
Clerk by first class, postage prepaid mailing to the license holder
at the address given on the application, at least five (5) days prior
to the date set for the hearing.
(4)
At
the hearing, the license holder shall be afforded an opportunity to
present any information and evidence he/she believes pertinent to
the ground(s) for the appeal and to the denial.
(5)
The
Board shall issue a written decision within fourteen (14) days of
conclusion of the hearing and shall uphold the Chief's decision unless
it determines that such was arbitrary, capricious or wholly unrelated
to any ground set forth above for denial.
G.
Such license,
when issued, shall contain the signature of the issuing officer and
shall show the name, address and photograph of the licensee, the Town
and state of issuance and the length of time the same shall be operative,
as well as the license number.
H.
The Chief
of Police shall keep a record for six (6) years of all licenses issued.
I.
Identification
badge.
(1)
Solicitors
and canvassers, when engaged in the business of soliciting or canvassing,
are required to display an identifying badge issued by the Chief of
Police, by wearing said badge at all times on their outermost garment.
(2)
A deposit
of five dollars ($5) will be required for each badge. This deposit
will be refunded upon return of the badge to the Chief of Police.
(3)
Each
solicitor or canvasser, and each of such solicitor's or canvasser's
employees or agents, is required to possess an individual license
and badge.
J.
The police officers of the Town of Charlton shall enforce this bylaw in accordance with § 160-7 below.
K.
The Chief of Police and/or Board of Selectmen may revoke any license in accordance with § 160-6 below.
L.
Each license
issued under the provisions of this bylaw shall continue in force
for such period as is specified in the license, or, if no period is
specified therein, for twelve (12) months from the date of its issuance,
unless sooner revoked.
It shall be unlawful for any person to solicit or conduct any activity described in § 160-1B of this bylaw before the hour of 8:00 a.m. of any day or after the hour of 9:00 p.m. of any day except by appointment.
It shall be unlawful and a violation of this bylaw for any solicitor
or canvasser to ring a bell or knock at any building whereon there
is painted, affixed or otherwise displayed to public view any sign
containing any or all of the following words: "NO PEDDLERS," "NO SOLICITORS"
or "NO AGENTS," or which otherwise expresses an intent to prohibit
peddling or soliciting on the premises.
A.
It shall
be unlawful for any peddler or solicitor to represent by words, writing
or action that he/she is some other peddler or solicitor, that he/she
is a partner, employer, employee, representative or agent of any peddler
or solicitor when in fact he/she is not the partner, employer, representative,
agent or employee of such peddler or solicitor, or that he/she is
the employer, employee, representative, agent or partner of any person,
when in fact he/she is not the employer, employee, representative,
agent or partner of such person.
B.
No solicitor
or canvasser may misrepresent, in any manner, the buyer's right to
cancel as stipulated by Chapter 255D of the General Laws.
C.
No solicitor
or canvasser, licensed or exempted from licensing, may use any plan,
scheme or ruse which misrepresents the true status or mission of the
person making the call in order to gain admission to a prospective
buyer's home, office or other establishment with the purpose of making
a sale of consumer goods or services or for soliciting funds.
The provisions of the bylaw, with the exception of § 160-4C immediately above, shall not apply to salespersons or agents for wholesale houses or firms who solicit orders from or sell to retail dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies or to charitable, religious, fraternal, service and civic organizations.
A.
Licenses
issued pursuant to this bylaw may be revoked by the Chief of Police
of the Town of Charlton, after notice and hearing, for any of the
following causes:
(1)
Fraud, misrepresentation or any false statement made to the Police Department in furnishing the information required in § 160-1 of this bylaw.
(2)
Any
violation of this bylaw.
(3)
Conviction, or an admission or court finding of responsibility, of or by the license holder as to any felony, crime or juvenile delinquency violation involving moral turpitude, embezzlement or a crime of this nature, or of a nature upon which a license application may be denied pursuant to § 160-1E(2) above.
(4)
Conducting
the soliciting or peddling in an unlawful manner or in such a manner
as to constitute a breach of the peace or to be a menace to the health,
safety or general welfare of the people of the Town of Charlton or
the general public.
B.
Notice
of the hearing for consideration of revocation of a license shall
be given in writing, stating the ground(s) for such possible revocation
and the time and the place of hearing.
C.
Such notice
shall be mailed first class, postage prepaid, to the license holder
at the address given on the application/license, at least five (5)
days prior to the date set for the hearing.
D.
Appeals.
(1)
Any
person aggrieved by the decision of the Chief of Police shall have
the right of appeal to the Board of Selectmen.
(2)
Such
appeal shall be made by filing with the Town Clerk, with a copy to
the Town Administrator's office, each by first class mail, postage
prepaid, or by hand delivery, a written statement of the grounds for
the appeal, within five (5) days after notice of decision by the Chief
of Police has been given.
(3)
The
Board of Selectmen shall set the time and place for hearing such appeal,
and notice of such time and place shall be given by the Town Clerk
to the license holder in the manner hereinabove provided for notice
of hearing on possible revocation by the Chief of Police.
(4)
At
the hearing, the license holder shall be afforded an opportunity to
present any information and evidence he/she believes pertinent to
the ground(s) for the appeal and to the revocation.
(5)
The
Board shall issue a written decision within fourteen (14) days of
conclusion of the hearing and shall uphold the Chief's decision unless
it determines that such was arbitrary, capricious or wholly unrelated
to any ground set forth above for revocation.
A.
The police
officers of the Town of Charlton shall enforce this bylaw.
B.
Every person
violating any provision of this bylaw is guilty of a misdemeanor and
shall be punished by a fine not exceeding fifty dollars ($50).
D.
Every violator
of any provision of this bylaw shall be guilty of a separate offense
as to every day such violation shall continue and shall be subject
to a separate fine or penalty imposed by this section for each and
every separate offense.