Except as otherwise provided in this chapter, it shall be unlawful
for any person to go in or upon any premises occupied for residential
purposes within the city for the purpose of soliciting or canvassing
from any occupant thereof orders for goods, wares, merchandise or
services or for the purpose of offering to give or furnish any article
or service in order to obtain such order, without first having applied
for and received from the chief of police permit so to do.
It shall also be unlawful for any person, to establish and operate
in or at any place within the city a telephone or telephones to be
used for the purpose of soliciting or canvassing any person in the
city for orders for goods, wares, merchandise or services, or for
the purpose of offering to give or furnish any article or service
in order to obtain such order, without first having applied for and
received from the chief of police permit so to do.
Any person desiring to procure a solicitor's permit required
by this article shall apply therefor in writing over his signature
to the chief of police on a form provided for that purpose, and such
application shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the person, firm, association or corporation
by whom or by which he is employed, or for whom or for which he is
acting, if any.
(3)
The length of service of such service with such employer.
(4)
The place of residence and the nature of employment of the applicant
during the last preceding year.
(5)
The nature or character of the goods, wares, merchandise or services
to be offered by the applicant.
(6)
The personal description of the applicant.
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Such applicants shall be accompanied by such credentials and
other evidence of the good moral character and identity of the applicant
as may be reasonably required by the chief of police having regard
to the safety and welfare of the public.
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In addition to the data required in this section a person, applying
for a permit under section 4-21, shall set forth the following information:
The name, address and telephone number or numbers of the location
of such telephone or telephones; and the names and addresses of the
operator or operators thereof.
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If the chief of police shall be satisfied, after reasonable
investigation, that no false statements have have been made in the
application, he shall then issue the permit as applied for. Such permit
shall expire on the thirty-first day of December in the year in which
such permit shall have been issued. There shall be no charge or license
fee for the issuance of such permit.
Any permit issued tinder this chapter shall be carried at all
times by the applicant to whom issued, when soliciting or canvassing
in the city, and shall be exhibited by any such applicants whenever
he shall be requested so to do by any police officer or any person
solicited; or read, when soliciting or canvassing by use of telephone.
Any permit issued under this chapter may be revoked by the chief
of police for violation of of law, or any ordinance or regulation
having the force of law, by the holder thereof, or if the chief has
received information which reasonably leads him to believe that the
holder of such Permit has been guilty, of having committed, or having
attempted to commit a fraudulent act, or that he has been guilty of
immoral conduct.
This chapter shall not apply to any person engaged in the spreading
of information concerning any religion or religious viewpoint, even
though the sale of books, pamphlets or magazines may be involved therein.
Neither shall it be construed so as to interfere with any person in
his constitutional right to freedom of expression of opinion, either
by means of speech or of written or printed matter.
No such permit shall be required in the case of a person who
limits his solicitation to the sale of articles for the sale of which
no license is required in the case of hawkers or peddlers; or of any
person holding a hawker's or peddler's license, issued according
to law, authorizing the holder thereof to be a hawker or peddler within
the area of the city, or in the case of a person holding a transient
vendor's license, authorizing him to do business in the city,
or to solicitations, by agents, servants or employees of local established
businesses, individually or corporately owned.
[1]
For law of the Commonwealth as to certain exemptions, see
G.L. C. 101, §§ 2, 15, 17.
Solicitors of funds for charitable or benevolent purposes shall
comply with General Laws, chapter 68, section 17, if same be applicable
under the terms thereof.
The words "transient" and "itinerant", as used in this article,
shall be deemed to mean and to include all persons who engage in and
conduct within the city, whether in one locality or by traveling from
house to house or front place to place, and whether as principal or
agent, a temporary or transient photography business with the intention
of continuing in such business in the city, for a period of not more
than 90 days.
The words "canvasser" and "solicitor" as used in this article,
shall be deemed to mean and include any person who goes from house
to house or from place to place in the city for the purpose of selling
or taking orders for, or of offering to sell or take orders for, photographs,
pictures or enlargements thereof, for future delivery.
(1)
It shall be unlawful for any person to engage in the business of
a transient or itinerant photographer, canvasser or solicitor of photographs
or pictures or enlargements of the same taken, photographed or otherwise
made, prepared or enlarged, and sold or delivered, or to transact
any business in connection therewith within the city without having
first obtained a license so to do, as hereinafter provided, and without
having first otherwise complied with the provisions of this article;
provided, however, that nothing contained in this article shall apply
to any person actually engaged in interstate commerce in a lawful
manner and not for the purpose of evading the provisions of this article.
Any person desiring to engine in the business of a transient
or itinerant photographer, canvasser or solicitor of photographs,
or pictures or enlargements thereof as hereinbefore defined, within
the city, shall make an application in writing to the city council
for a license so to do, which application shall be filed with the
city clerk at least 14 days before such applicant shall be authorized
to begin such business. Such application shall state the name and
residence of the applicant, the place where such licenses is to be
conducted, the kind and type of photograph or enlargements to be sold,
or for which orders are to be taken, and the length of time for which
the license is desired. No such license shall be issued until there
is deposited with the city clerk a bond in the penal sum of $1,000
executed by the applicant and surety company or two responsible owners
of real estate residing with the city, which bound shall be approved
by the city solicitor, or in lieu thereof, a cash bond of equal amount,
which bond shall, in either event, be conditioned that all photographs,
pictures or enlargements taken, be as represented by him, and that
he will refund any money or purchase prior paid on such work which
is not as represented, and so as to indemnify and reimburse any person
dealing with him in such business, in a sum equal to the amount of
any payment which such purchaser may have been induced to make through
misrepresentation as to the kind and character of photographic or
enlargement work to be done. Any person so misled and who has been
aggrieved by the misrepresentation of any license hereunder shall
have a right of action on the bond for the recovery of the amount
of his payment or damage suffered, or both. In the event a cash bond
is deposited, the same shall be retained by the city clerk for a period
of 120 days after the expiration of any such license. Action upon
either of the bonds for remedy under this section shall be begun within
120 days after the expiration of any such license.
Upon the expiration of 14 days from the time of filing of the application, required by section 4-12, and approval of the application by the city council, and upon the filing of the bond required by section 4-12 and the approval thereof by the City, solicitor, and the payment to the city clerk of the license fee for each and every person or agent engaged in the business of transient or itinerant photographer, solicitor or canvasser, a license shall be issued to the applicant or agents, and shall state the date of expiration of such license, which expiration date shall be not more than 90 days from the date of the license. Before any such license shall be issued, there shall also be filed with the city clerk an instrument in writing, signed by the applicant, nominating and appointing the city clerk and big successor in office his true and lawful agent with full power and authority to acknowledge service of process for and on behalf of such applicant and providing that such service of process in any action brought upon such bond, shall be deemed made when served upon the city clerk in the manner aforesaid. The city clerk shall forthwith upon receipt of such process forward the same to such licensee by registered mail, addressed to him at the address which the licensee shall have stated in his application.
All orders taken or sales made by any licensee under the provisions
of this article shall be in writing, and in duplicate, stating fully
the terms thereof, together with the amount paid in advance, and the
balance remaining due and one copy of such order or sale shall be
delivered to the purchaser at time such order is taken or sale made.
