[HISTORY: Adopted by the City Council of the City of Quincy as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk and secondhand dealers — See Ch. 189.
Precious metal dealers — See Ch. 240.
Vehicles for hire — See Ch. 330.
[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:
SOLICITOR or CANVASSER
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 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.
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:
HAWKER and PEDDLER
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.
A. 
Whoever violates any provision of this article may be fined up to the maximum provided for in § 1-1 of this Code.
B. 
In addition to the enforcement as described in Subsection A of this section, the provisions of this article may also be enforced by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. The penalty for violation of any provision of this article shall be $50.