No person shall go about within the City selling or bartering
or carrying or exposing for sale or barter, meats, butter, cheese,
fish, fresh fruit or vegetables in or from any car, wagon or other
vehicle, or in any other manner, without first having obtained a license
therefor; provided, however, that this section shall not a apply to
any person who peddles only fruit, vegetables or other farm products,
raised or produced by himself or his family, or fish obtained by his
own labor or that of his family.
The City Council may grant the license required by the preceding
section to any person of good repute as to morals and integrity who
is or has declared his intention to become a citizen of the United
States. Such license shall bear the date of issue and, unless sooner
revoked upon conviction of any crime or for any other reason, shall
continue in force for one year from such date.
No license required by Section
9-1 shall be granted until the applicant has presented a certificate from the Sealer of Weights and Measures, stating that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law.
The City Clerk shall, at the expense of the licensee, issue
a badge for each peddler and plates for each vehicle used in hawking
or peddling. Such badge and plates shall bear the number of the license
and the word "peddler." Each peddler shall wear his badge in a conspicuous
place. The plates shall be displayed on each side of such vehicle.
Nothing in this chapter shall be construed as conflicting with
any license issued under authority of the commonwealth.
No person hawking, peddling or carrying or exposing any article
for sale shall cry his wares to the disturbance of the peace or comfort
of the inhabitants of the city or carry his wares other thin in vehicles
and receptacles which are neat and clean and do not leak.
The term "transient vendor" for the purposes of this chapter shall be the same as defined in Sections
1 and 2 of chapter 101 of the General Laws.
[Ord. of 3-11-2008]
Every transient vendor, whether principal or agent, authorized
by state license to do business in this commonwealth, before making
any sales of goods, wares and merchandise in the City, shall make
application for a local license to the City Clerk stating the names,
residences and places of business of the owners or parties in whose
interest such business is conducted and shall at the same time file
with the City Clerk a true statement, under oath, of the average quantity
and value of the stock of goods, wares and merchandise kept or intended
to be kept or exposed by him for sale.
Upon the payment of a fee as set in Section
12-2, entitled "Fees," the City Clerk shall issue to the transient vendor a license authorizing the sale of such goods, wares and merchandise within the City.
Every transient vendor who is granted a license under the provisions
of this chapter shall exhibit the same at all times, while in force,
in some conspicuous part of the place of business for which it is
issued.
Every transient vendor licensed under this chapter shall also
execute a bond to the City in the sum of $500 with two sufficient
sureties, conditioned for faithful observance of this ordinance.
[Ord. of 3-11-2008]
Any person who conducts a business as a transient vendor without
a local license shall be guilty of a noncriminal violation.
[Ord. of 3-11-2008]
No license shall be issued to any applicant if the business
sought to be licensed does not comply with all applicable federal,
state and local laws, ordinances and regulations. If the application
is rejected, the City Clerk shall notify the applicant, in writing,
giving the reasons for the rejection.
[Ord. of 3-11-2008]
A license shall be revoked or suspended if the vendor is found
to have violated of any federal, state, local laws, ordinances and
regulations. If the vendor is found to be in violation, the City Clerk
shall notify the vendor, in writing, giving the reasons for the suspension
or revocation.
[Ord. of 3-11-2008]
If any section or sections of this chapter shall be declared
unconstitutional or otherwise void and ineffective by a court of competent
jurisdiction, the validity of the remainder of the provisions hereof
and their application shall not be affected thereby.