[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 103.
Criminal record background checks — See Ch. 126.
Junk and junk dealers — See Ch. 161.
Licenses and permits — See Ch. 168.
Streets and sidewalks — See Ch. 217.
[Adopted by the Board of Selectmen 8-22-1932 (Ch. 5, § 12, of the Bylaws)]
A. 
No persons, unless duly licensed by the Director of Standards of the Commonwealth, shall go from place to place in this Town selling, or bartering, or carrying or exposing for sale or barter any meat, butter, cheese, fish, fresh fruits or vegetables, in or from any cart, wagon or other vehicle, or in any other manner, without a license therefor from the Board of Selectmen; provided, however, that this section shall not apply to any person who sells only fruits or vegetables raised or produced by himself or by his family, or fish which is obtained by his own labor or the labor of his family.
B. 
The Board of Selectmen shall have authority to grant such license. Said licenses, unless sooner revoked by the Board of Selectmen, shall expire on the 30th day of April after the granting thereof, and each person so licensed shall pay therefor a fee of $10.
[Amended 4-28-1975 ATM]
[Amended 4-28-1975 ATM]
Unless the requirements of this Article I are specifically waived by the Selectmen, this article will apply to all so-called "door to door" vendors.
[Adopted 4-27-1981 ATM (Ch. 5, § 23, of the Bylaws)]
It shall be unlawful for any solicitor or canvasser, as defined in § 192-10 of this bylaw, to engage in such business within the corporate limits of the Town of Lynnfield without first obtaining a permit and license therefor in compliance with the provisions of this bylaw.
[Added 10-20-2014 ATM by Art. 16]
The provisions of this bylaw shall not apply to the following persons:
A. 
Any person duly licensed under Chapter 101 of the General Laws or any persons exempted under Chapter 101, Chapter 149, § 69, Chapter 180, § 4, or any other General Law;
B. 
Any officer or employee of the Town, county, state or federal government on official business; or
C. 
Route salespersons or others having established customers making periodic deliveries to such customers or making calls upon prospective customers to solicit orders for periodic route deliveries, including but not limited to news carriers.
D. 
Any person or persons canvassing or soliciting for political, religious and philanthropic purposes.
[Amended 10-21-1985 TM]
It shall be unlawful for any solicitor or canvasser, as defined in § 192-10 of this bylaw, to engage in such business within the Town of Lynnfield before the hour of 8:00 a.m. in the morning and (a) after the hour of 8:00 p.m. in the evening during the period when Eastern Standard Time is in effect, and (b) after 9:00 in the evening during the period when Daylight Savings Time is in effect.
As used in this article, the following terms shall have the meanings indicated:
CANVASSER OR SOLICITOR
Any individual, whether resident of the Town of Lynnfield or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, distributing sales information in any manner, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future or soliciting information opinions for surveys or polls, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided that such definition shall include any person who, for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or any other place with the Town for the sole purpose of exhibiting samples and taking orders for future delivery. All census enumerators employed by the United States of America, or the Commonwealth of Massachusetts, or the Town of Lynnfield shall not be included in this definition of canvassers and solicitors.
A. 
All solicitors or canvassers who engage in activities described in § 192-10 hereof for more than one day per month within Lynnfield must file with the Town Clerk a sworn application in writing (in duplicate) on a form to be furnished by the Town Clerk, which shall give the following information:
(1) 
Name and description of the applicant;
(2) 
Permanent home address and full local address of the applicant;
(3) 
A brief description of the nature of the business and the goods to be sold, if any;
(4) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(5) 
The length of time for which the right to do business is desired;
(6) 
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery;
(7) 
A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(8) 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and
(9) 
If applicant is operating or being transported by a motor vehicle, the year, make, model, color, registration number, state of registration, owner's name and address of each such vehicle.
[Added 10-20-2014 ATM by Art. 16]
B. 
At the time of filing the application, a fee of $10 shall be paid to the Town Clerk to cover the cost of investigation of the facts stated therein.
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
B. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the application to the Town Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
C. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application to the Town Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Clerk shall keep a permanent record of all licenses issued.
A. 
The license fee which shall be charged by the Town Clerk for such license shall be $10 per day, $7 per week or part thereof, $30 per month, $300 per year, per each solicitor.
B. 
The annual fees herein provided shall be assessed on a calendar-year basis, and on or after July 1 the amount of such fee for annual license shall be 1/2 the amount stipulated above the remainder of the year.
C. 
None of the license fees provided for by this bylaw shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Selectmen for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Selectmen may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Selectmen shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which they shall determine whether the fee fixed by this bylaw is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed.
The Town Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.
[Added 10-20-2014 ATM by Art. 16]
No person shall engage in solicitation or canvassing in or upon any residential property upon which is displayed a sign prohibiting trespassing or solicitation or canvassing.
It shall be the duty of any police officer of the Town of Lynnfield to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and to enforce the provisions of this bylaw against any person found to be violating the same.
The Chief of Police shall report to the Town Clerk all convictions for violation of this bylaw, and the Town Clerk shall maintain a record for each license issued and record the reports of violation therein.
A. 
Permits and licenses issued under the provision of this bylaw may be revoked by the Board of Selectmen of the Town of Lynnfield after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation, or false statement contained in the application for license;
(2) 
Fraud, misrepresentation, or false statement made in the course of carrying on business as a solicitor or as a canvasser;
(3) 
Any violation of this bylaw;
(4) 
Conviction of any crime or misdemeanor involving moral turpitude; or
(5) 
Conducting the business of soliciting, or of canvassing, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the Town Clerk in the denial of a permit or license as provided in § 192-12 of this bylaw or the action of the Selectmen in the assessing of the fee as provided in § 192-13C of this bylaw shall have the right of appeal to the Board of Selectmen. Such appeal shall be taken by filing with the Selectmen, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Selectmen shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 192-19 of this bylaw for notice of hearing on revocation. The decision and order of the Selectmen on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this bylaw shall expire on December 31 in the year when issued. Other than annual licenses shall expire on the date specified in the license.
[Added 10-20-2014 ATM by Art. 16]
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 and pay such fees as is required to obtain an initial license.
The provisions of these regulations are declared to be severable, and if any section, sentence, clause, or phrase of this bylaw shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this bylaw, but they shall remain in effect, it being the legislative intent that this regulation shall stand notwithstanding the invalidity of any part.