[HISTORY: Adopted by the City Council of the City of Quincy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1993 as
Ch. 5.16 of the 1993 Code]
As used in this article, the following terms shall have the
meanings indicated:
Any person who, for himself 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 limiting, the selling,
distributing, exposing for sale or soliciting 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.
It shall be unlawful for any solicitor or canvasser as defined
in this article to engage in such business within the City without
first obtaining a license therefor in compliance with the provisions
of this article. The provisions of this article shall not apply to
any person exempted under MGL c. 101, or to any person duly licensed
under MGL c. 101, or to any person exempted by any other General Law,
nor shall this article 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.
The provisions of this article shall also not be construed as to apply
to any person engaged in the pursuit of soliciting for charitable,
benevolent, fraternal, religious or political activities.
A.
Applicants for a license shall file with the Chief of Police, on
a form issued by the Police Department, a written application signed
under the penalties of perjury containing the following information:
(1)
Name of applicant.
(2)
Address of applicant (local and permanent home address).
(3)
Applicant's height, weight, and eye and hair color.
(4)
Applicant's social security number.
(5)
The length of time for which the right to do business is desired,
including the days and hours during which such solicitation is requested
to occur.
(6)
A brief description of the nature of the business and the goods to
be sold.
(7)
The name and home office address of the applicant's employer. If
self-employed, it shall so state.
(8)
A photograph of the applicant, which picture shall be submitted by
the applicant and be two inches by two inches, showing the head and
shoulders of the applicant in a clear and distinguishing manner.
(9)
If operating a motor vehicle, the year, make, model, motor number,
registration number, state of registration and vehicle's owner and
address.
B.
At the time of filing the application, each applicant shall pay a
fee of $50.
A.
Upon receipt of the application, the Chief of Police shall investigate
the applicant's reputation as to morals and integrity.
B.
After an investigation of the applicant's morals and integrity, but
within seven business days of the filing of the application, the Chief
of Police shall endorse on such application his approval or disapproval.
Failure of the Police Chief to act on said license within seven business
days of the applicant's filing shall constitute approval. If disapproved,
the applicant shall have the right of appeal to the City Council in
writing within seven days of the denial by the Chief of Police. The
City Council must act upon the appeal at one of its next two regularly
scheduled meetings. Failure to so act shall be deemed approval.
[Amended 6-1-2020 by Order
No. 2020-012]
C.
Such license, when issued, shall contain the signature of the Chief
of Police 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 City shall enforce this article.
No license shall be transferred.
The Chief of Police is vested with jurisdiction over the revoking
of licenses. Any person aggrieved by such revocation may appeal to
the City Council within seven business days, and a hearing will be
scheduled for one of the next two regularly scheduled meetings of
the City Council.
Each license issued under the provisions of this article shall
continue in force from the date of its issue until the 31st day of
December following, unless sooner revoked.
A license issued under the provisions of this article 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.
A.
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, 93A and 255D.
B.
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 or which 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.
[Amended 6-1-2020 by Order
No. 2020-012]
Any person violating any provision of this article shall, upon
conviction thereof, be punished by a fine of $50 for each and every
offense. Any person convicted of a second or subsequent violation
shall forthwith have his license suspended by the Chief of Police.
[Adopted 5-17-1993 as
Ch. 5.20 of the 1993 Code]
No person, except one engaged in the pursuit of agriculture,
shall go about from place to place within the City carrying or exposing
for sale or selling meats, butter, cheese, fish and fresh fruit or
vegetables in or from any cart, wagon or other vehicle, or in any
other manner, without a license therefor from the Sealer of Weights
and Measures.
[Amended 6-1-2020 by Order
No. 2020-012]
The Sealer of Weights and Measures shall have authority to grant the license required by § 234-12 to any person of good repute for morals and integrity who is a citizen of the United States. The license shall bear the date of the day on which it is issued and, unless sooner revoked, shall continue in force for one year from such date. Each person so licensed shall pay therefor a fee of $50.
[Amended 6-1-2020 by Order
No. 2020-012]
Any licensee who fails, neglects or refuses to exhibit his license
when it is demanded of him by the Sealer or a Deputy Sealer of Weights
and Measures or a constable or police officer shall be subject to
the same penalty as if he had no license.
Any license granted under § 234-12 may be revoked by the Sealer of Weights and Measures for violation of this article or any other good cause.
Every vehicle or other conveyance used by a licensee as a conveyor
for articles offered for sale by him shall have attached to the vehicle
or conveyance a number plate, where it may readily and plainly be
seen, to be furnished by the City with his license, at the expense
of the licensee, bearing the number and date of expiration of such
license.
[Added 6-4-2007 by Order No. 2006-192]
As used in this article, the following terms shall have the
meanings indicated:
Includes any person, either principal, employer, supplier
or agent, who goes from place to place in the City selling or bartering
or carrying for sale or barter, or exposing therefor, any goods, wares
or merchandise, either on foot or on or from any animal or vehicle.
No person shall act at any time or place in the City as a hawker
or peddler unless he shall, upon receiving a license under the provisions
of this article, report in person to the Chief of Police and furnish
evidence of such license and other information as shall be required
by the Chief of Police.
A.
Registration.
No hawker or peddler shall sell or offer or expose for sale any of
the articles enumerated in MGL c. 101, § 17, or in any acts
in amendment thereof or in addition thereto, until he has recorded
his name and residence with the Sealer of Weights and Measures.
B.
General
requirements. No person hawking, peddling or carrying or exposing
for sale any of the articles enumerated in MGL c. 101, § 17,
or in any acts in amendment thereof or in addition thereto, shall
cry his wares to the disturbance of the peace and comfort of the inhabitants
of the City, nor shall he carry or convey such articles in any manner
that will tend to injure or disturb the public health or comfort,
nor otherwise than in vehicles and receptacles which are neat and
clean and do not leak.
No person shall be registered or assigned a number under the provisions of § 234-19A until he obtains 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 use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his license or the cancellation of his registration.
[Amended 6-1-2020 by Order
No. 2020-012]
No hawker or peddler shall permit or cause a vehicle of any
kind to stand, nor shall he attempt to sell, solicit sales or make
any sales, within a distance of 100 yards of any public park or playground
in the City.
No hawker or peddler shall sell or barter, or carry for sale
or barter, or expose therefor any goods, foodstuffs, wares or merchandise
within 300 feet of a school in the City at any time.
A.
No hawker or peddler shall sell, barter or carry for sale or barter
any goods or merchandise that is capable of exploding, including but
not limited to exploding caps, snappers, etc.
B.
No hawker or peddler shall sell, barter or carry for sale or barter
merchandise capable of spraying or shooting an object, such as liquid
string, through the use of compressed air or gas.
Nothing in this article relative to hawkers and peddlers shall
be construed as conflicting with any license issued under authority
of the commonwealth.
