[HISTORY: Adopted by the Town of Medfield as Art. IV, Sec. 21, of the 1926 Bylaws. Amendments noted where applicable.]
It shall be unlawful for any solicitor or canvasser as defined in this Bylaw to engage in such business within the Town without first obtaining a license therefor in compliance with the provisions of this Bylaw. This Bylaw shall not apply to any person exempted under MGL c. 101, or to any person exempted by another General Law, nor shall this Bylaw be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.
As used in this Bylaw, the following terms shall have the meanings indicated:
- SOLICITOR or CANVASSER
- Any person who, for himself or herself, or for another person, firm or corporation, travels by foot, automobile or any other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to lease or take orders for retail sale of goods, wares, merchandise or services, including, without limitation, the selling, distributing, exposing for sale or soliciting of orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements, or for services to be performed in the future, whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sales.
Applicants for a license shall file with the Board of Selectmen or its designee, on a form issued by the Board of Selectmen or its designee, a written application signed under the penalties of perjury containing the following information:
Name of applicant and local and permanent home address of applicant;
Height, weight, eye and hair color;
Social security number;
The length of time for which the right to do business is desired;
A brief description of the nature of the business and the goods to be sold;
The name and home office address of the applicant's employer, or if self-employed, it shall so state; and
If operating a motor vehicle, the year, make, model, motor number, registration number, state of registration, vehicle's owner and address.
At the time of filing the application, each applicant shall pay a fee of $10.
Upon receipt of the application, the Chief of Police shall investigate the applicant's reputation as to morals and integrity. After an investigation of the applicant's morals and integrity, the Board of Selectmen shall hold a public hearing on said application within 14 days or at its next meeting and shall reach a decision and shall endorse on such application its approval or disapproval. If denied, an applicant may petition for reconsideration within seven days. Such license, when issued, shall contain the signature of the Board of Selectmen or its designee and shall show the name, address, and photograph of said licensee, the date of issuance and the length of time the same shall be operative, as well as the license number. The Police Department shall keep a record of all licenses issued for a period of six years. Solicitors and canvassers, when engaged in the business of soliciting or canvassing, are required to display an identifying badge issued by the Police Department, by wearing said badge on an outer garment. Each licensee is required to possess an individual license.
The police officers of the Town shall enforce this Bylaw. No license shall be transferred.
The Chief of Police is hereby vested with the jurisdiction over the revoking of licenses. Any person aggrieved by such revocation may appeal to the Board of Selectmen within seven business days, and a hearing will be scheduled for one of the next two regularly scheduled meetings of the Board of Selectmen.
Each license issued under the provisions of this Bylaw shall continue in force from the date of its issue to the expiration date noted on the license.
A license issued under the provisions of this Bylaw may be renewed by the Chief of Police. An applicant requesting a renewal of a license must apply in person for such license renewal, and provide such information as is required to obtain an initial license.
No solicitor or canvasser, licensed or exempted from license, may misrepresent, in any manner, the buyer's right to cancel as stipulated by MGL c. 93, c. 93A and c. 255D. No solicitor or canvasser, licensed or exempted from license, 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.
It shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who has displayed a "no trespassing" or "no soliciting" sign or poster. Further, it shall be unlawful for canvassers or solicitors to ignore a resident's or business person's "no solicitation" directive or remain on private property after its owner has indicated that the canvasser or solicitor is not welcome.
Any person violating any provisions of this Bylaw shall, upon conviction thereof, be punished by a fine of $50 for each and every offense. (Medfield police officers)