City of Beverly, MA Peddlers and Hawkers; Canvassers and Solicitors

Any person, either principal or agent, who goes from town to town or from place to place in the same town selling or bartering, or carrying for or barter or exposing therefor, any goods, wares or merchandise, either on foot or on or from any animal or vehicle.

RESIDENTIAL PROPERTY

Includes without limitation each individual dwelling unit.

SOLICITATION OR CANVASSING

Traveling by foot, motor vehicle or any type of conveyance, from place to place, from house to house, or from street to street, for salary, commission or other remuneration, whether on behalf of oneself or of another person, firm or corporation and:

Selling, leasing or taking orders for the sale of any goods, wares, merchandise or services whatsoever, including without limitation books, periodicals, food, and home improvement services, or attempting to so sell, lease or take orders, whether or not advance payment on such sales is collected; or

Seeking or requesting donations of money, goods, or services for any for-profit or nonprofit entity.

TRANSIENT VENDOR

Any person, either principal or agent, who engages in any exhibition and sale of goods, wares or merchandise temporarily in any tent, booth, building or structure and who does not intend to become and does not become a permanent merchant in such place. For the purposes of this article, "transient vendor" shall not include persons who conduct what are commonly known as "yard sales."

§ 192-45 Sale of certain articles without license; registration of solicitors and canvassers.

Any transient vendor, hawker or peddler who seeks to sell articles referenced in this section shall obtain an identification card from the Chief of Police. Hawkers and peddlers may sell without a license newspapers, religious publications, ice, flowering plants, and such flowers, fruits, nuts and berries as are wild or uncultivated; provided, however, that such hawkers and peddlers shall record their names and residences with the Chief of Police and receive a license number and identification card from the Chief of Police; and provided further that such hawkers and peddlers shall comply with the other provisions of this article.

Solicitation or canvassing.

(1)

No person shall engage in solicitation or canvassing in or upon any private residential property in the City of Beverly, and no firm, corporation, organization or other entity shall arrange for any person to engage in solicitation or canvassing in or upon any residential property, without first registering with the City Clerk and obtaining from the Chief of Police a certificate of good moral character.

(2)

Each person engaged in solicitation or canvassing in or upon any residential premises shall immediately leave such premises upon the request of the occupant.

§ 192-46 Procedure for obtaining license or registration.

Transient vendors, hawkers or peddlers.

[Amended 12-5-2016 by Ord. No. 250]

(1)

Any transient vendor, hawker or peddler who seeks to sell articles other than those referenced as permitted to be sold without a license as provided in § 192-45 for a period of 21 consecutive days or more shall obtain a license from the City Council. Applicants for hawker's and peddler's and transient vendor's licenses shall apply to the City Clerk. The City Clerk shall forward the application to the Chief of Police for his review and recommendation and, upon receiving the Chief of Police's recommendation, shall forward said application to the City Council, which shall be the awarding authority for said licenses.

(2)

A fee of $100 is required upon application.

(3)

A licensee under this section may apply to add up to four additional persons to be licensed as part of his/her license for no additional fee. Each additional person applied for under this license shall be required to receive the Chief of Police's recommendation. but shall not need to be reviewed by the City Council. If a licensee seeks to add more than four additional persons to his license, an additional fee of $100 is required upon application and such request shall go before the City Council. The licensee shall be held responsible for all actions of any additional persons licensed.

Solicitors or canvassers.

(1)

Any solicitor/canvasser who seeks to engage in solicitation or canvassing in or upon any private residential property in the City of Beverly shall register with the City Clerk. The City Clerk shall forward the application to the Chief of Police for his or her review and recommendation.

(2)

Each person soliciting or canvassing in the City of Beverly must provide a copy of any materials that he/she will be distributing.

(3)

A fee of $25 is required upon registration.

§ 192-47 Temporary licenses.

Any transient vendor, hawker or peddler who seeks to sell articles other than those referenced as permitted to be sold with a license as provided in § 192-45 for a period of 20 days or less shall obtain a temporary license from the City Clerk. Applicants seeking a temporary license (one for a period of less than 21 days) shall file an application with the City Clerk, together with the application fee. The City Clerk shall forward the application to the Chief of Police for his review and recommendation. If the Chief of Police recommends a license be issued to the applicant, then the City Clerk shall issue same. If the Chief does not so recommend, no license shall issue. Any one applicant may not receive more than one temporary license for any one calendar year.

§ 192-48 Location restrictions.

Transient vendors, hawkers and peddlers seeking to locate on public streets, sidewalks, parks or any other public areas shall not impede public vehicular and foot traffic and shall not adversely impact public safety.

Any transient vendor, hawker or peddler, who, in the opinion of the Chief of Police or his designee, adversely impacts the safety of the public may have his/her police identification card and license suspended forthwith and without further notice. Such license will remain suspended pending a hearing before the City Council pursuant to the following subsection.

Any transient vendor, hawker or peddler whose activities impede public vehicular and foot traffic or adversely impact public safety may have his/her license revoked by the City Council upon notice to the licensee and a public hearing.

§ 192-49 Records to be kept by City Clerk.

It shall be the duty of the City Clerk to keep a record of the name and residence of every registered by the City under this article and the particular business for he or she is registered.

§ 192-50 Identification numbers; weighing and measuring devices.

Every hawker and peddler and transient vendor licensed by the City Council shall be assigned a number. No person shall be assigned a number until he presents a certificate from the Sealer of Weights and Measures stating that all weighing and measuring devices intended to be used by such persons have been duly inspected and sealed as required by law.

§ 192-51 Name and number on vehicles.

Every vehicle or other receptacle used by a licensee under the provisions of this article shall have plainly printed on each side thereof the name of the licensee and the number of his license.

§ 192-52 Disturbing peace; cleanliness of vehicles.

No person hawking, peddling or carrying or exposing any articles for sale shall cry his wares to the disturbance of the peace and comfort of the inhabitants of the City nor otherwise than in vehicles and receptacles which are neat and clean and do not leak.

§ 192-53 Hours of sale or solicitation.

Transient vendors, hawkers, peddlers, or solicitor of donations. No transient vendor, hawker, peddler, or solicitor of donations shall sell or offer for sale, any goods, wares, or merchandise, solicit donations or circulate petitions in the City between the hours of 6:00 p.m. and 8:00 a.m., except that a duly licensed ice cream vehicle vendor may sell or offer for sale any ice cream products from his vehicle in the City between the hours of 8:00 a.m. and 9:00 p.m., provided he shall not use any sounding devices between the hours of 8:00 p.m. and 9:00 p.m.

Solicitors and canvassers. No solicitor or canvasser shall solicit or canvass in the City between the hours of 6:00 p.m. and 8:00 a.m.

§ 192-54 Standing time.

No person shall stand or stop any vehicle upon any public way in the City for a period of more than five minutes for the purpose of selling or offering for sale any food, beverages or goods, wares or merchandise therein or therefrom. The aforementioned notwithstanding, final jurisdiction of standing time, where appropriate, shall be determined by the Chief of Police.

§ 192-55 Health requirements.

Any hawker, peddler, or transient vendor who offers for sale food or drink as defined by Chapter 10 of the Massachusetts Sanitary Code shall obtain a permit from the Board of Health, and said permit shall identify any food restrictions on items to be sold as set by the Board of Health.