[Amended 11-13-2012 by Ord. No. 2012-40]
As used in this article, the following terms shall have the
meanings indicated:
The City of Fall River.
The Division of Engineering.
Any person, either as principal or agent, who goes from place
to place selling or bartering, or carrying for sale or barter, or
exposing therefor, any goods, wares, or merchandise, whether on foot
or from any push cart or vehicle.
The Clerk of the City of Fall River or her designee.
An individual, corporation, partnership, or other business
organization or entity.
Any wagon, cart, or similar wheeled container, but not a
vehicle, from which goods, wares, or merchandise are offered for sale
to the public. This definition specifically excludes push carts from
which food is offered for sale to the public.[1]
[Amended 5-29-2018 by Ord. No. 2018-21]
A.
No person shall sell, barter, carry for sale or barter, or expose
therefor, or provide any goods, wares, or merchandise under this article
without first obtaining a hawkers and peddlers license from the licensing
authority; nor shall any person employ, direct, or otherwise cause
any other person to sell, barter, carry for sale or barter, or expose
therefor, or provide any goods, wares, or merchandise under this article
without first obtaining a hawkers and peddlers license from the licensing
authority.
B.
All hawkers and peddlers duly licensed by the Commonwealth's Division of Standards are required to register with and obtain a certificate of such registration from the City Clerk prior to conducting business in the City. The fee for such registration shall be as set forth in Chapter A110, Fee Schedule, of the City Code. The certificate of registration shall expire on the last day of April in each year.
[Amended 5-29-2018 by Ord. No. 2018-21]
A.
Pursuant to MGL c. 101 § 17, no hawkers and peddlers license
is required for the sale of newspapers, religious publications, flowering
plants and wild or uncultivated flowers.
B.
Hawkers and peddlers of said items listed in this section shall record
their names and residences with the City Clerk without being subject
to a fee.
Pursuant to MGL c. 101, § 16, hawkers and peddlers
are prohibited from selling jewelry, other than costume jewelry valued
at not more than $10 and made by a nonprofit charitable organization,
furs, wines, spirituous liquors, small artificial flowers, and miniature
flags.
A.
An applicant for a hawkers and peddlers license shall file with the
licensing authority a written application containing:
(1)
The name, address, and telephone number of the applicant;
(2)
The name, address, and telephone number of the business, its owner
or owners, and the mailing address of the business;
(3)
The items offered for sale or provided to the public;
(4)
The proposed location of the vending site, including two alternative
locations, listed by order of preference;
(5)
Evidence that all weighing and measuring devices have been duly inspected
and sealed as required by law.
A.
A license application shall be forwarded to the Division of Engineering
for review and approval of the proposed location requested by the
applicant. The division shall determine whether the width of the sidewalk
at the proposed location or service route contains a minimum of seven
feet, including a minimum thirty-six-inch path of travel around the
push cart. Failure of the sidewalk to possess a minimum width of seven
feet, including a minimum thirty-six-inch path of travel around the
push cart, will result in automatic rejection of the proposed location
or service route by the division. The division may also consider in
its approval or rejection of the proposed location whether the proposed
location or service route poses a danger or nuisance to the public
health, safety, or welfare, or impedes pedestrian or vehicular traffic.
B.
The division may work with the applicant or licensee to modify the
location or service route at any time:
(1)
Before
the issuance of a license; or
(2)
After
the issuance of a license, if the grant of a license or approval of
the location or service route has led to the creation of a nuisance
or otherwise endangers the public health, safety, welfare, or impedes
pedestrian or vehicular traffic; or
(3)
By
request of the licensee.
C.
The license shall state the approved location or service route in
which the push cart may be located and operated.
Prior to the issuance of any license, the applicant shall execute
an agreement holding the City, its employees, and agents harmless
from any liability arising from the use of the license.
The licensee, at his or her sole cost and expense, shall obtain
and maintain liability insurance for bodily injury and property damage
in an amount not less than $500,000. The policy or policies shall
contain an endorsement listing the City of Fall River as additional
insured, and shall provide that the City be given 30 days' written
notice prior to cancellation or material change. Proof of insurance
shall be submitted to the licensing authority prior to issuance of
any hawkers and peddlers license.
Each license issued pursuant to this article shall be for a
period of one year commencing on May 1 and ending April 30. Renewal
of any license shall be for an additional one-year term and requires
the submission of a new application along with a license fee as listed
in the fee schedule.
No person holding a hawkers and peddlers license shall sell,
lend, lease, assign, or transfer in any manner said license.
Every hawker or peddler shall exhibit his or her license and/or
certificate of registration when the same is demanded of him or her
by the Sealer of Weights and Measures or his designee or a member
of the Police Department of the City.
Every vehicle or push cart used by a licensee under this article
as a conveyance for articles offered or exposed for sale or barter
shall have attached thereto on each side a number plate to be furnished
by the licensing authority at the expense of the licensee, with his
license, bearing the number and date of expiration of such license.
A.
Push cart operations shall be limited to sidewalks that conform to
the requirements of this article.
B.
The maximum dimensions for any push cart shall not exceed six feet
in length by four feet in width.
C.
The push cart may have affixed thereto or painted thereon a sign
used in conjunction with the pushcart.
D.
No operator of a push cart shall park, stand, or move a push cart
and conduct business where the licensee has not been authorized to
operate.
E.
No push cart operator or licensee shall provide or allow any dining
area, including, but not limited to, tables, chairs, booths, bar stools,
benches, or stand-up counters.
F.
A trash receptacle shall be provided for patrons.
G.
The push cart operator shall refrain from using bells, chimes, horns
or other sounds, including the utterance of boisterous outcries to
promote the sale of its goods, wares, or merchandise.
H.
The licensee and the operator are responsible for ensuring that the
area surrounding the push cart is kept clean and free of trash and
debris associated with the push cart operation.
I.
The push cart shall not be unattended at any time; nor shall the
push cart be stored, parked or left at the permitted location overnight.
J.
No propane tanks or open flames are permitted for operation on the
push cart.
A.
Any person who violates any provision of this article shall be liable to a penalty in accordance with § 1-15 of the City Code or be subject to arrest as provided for in MGL c. 101, § 32.
B.
A violation of this article may result in suspension of a permit
issued pursuant to this article for up to five days or revocation.
Upon suspension or revocation of a license issued pursuant to this
article, the person whose license was suspended or revoked may request
a hearing before the municipal hearing officer or his designee. Such
request shall be in writing and shall be filed with the licensing
authority within 10 days after suspension or revocation. Failure to
timely appeal the administrative determination is deemed a waiver
of the right to a hearing.
C.
Revocation of a hawkers and peddlers license issued by the commonwealth
may result in revocation of a hawkers and peddlers license issued
pursuant to this article.
The Chief of Police or his designee and the Sealer of Weights
and Measures or his designee shall be vested with enforcement of this
article.
Nothing in this article shall be construed as conflicting with
a hawkers and peddlers license duly issued under the laws of the commonwealth.
The invalidity of any portion or portions of this article shall
not invalidate any other portion, provision or section thereof.
[Added 10-28-2014 by Ord. No. 2014-20]
A.
The City Council finds that the solicitation and sale of goods and
wares along established parade routes and procession routes during
the course of, as well as for a certain time before and after, said
parades or processions causes disorder in the parade or procession
and poses a hazard to the public's health, welfare, and safety. As
such, this section prohibits hawkers and peddlers from selling or
displaying their wares along a duly designated parade or processional
route, the designation of which is listed on a parade and processional
permit on file with the Police Department or Mayor's office.
B.
No person shall sell or expose for sale any merchandise in accordance
with this article along the length of a parade route or procession
route designated by the Mayor for a period of two hours before, two
hours after, and during the course of a parade or procession.
