[HISTORY: Adopted by the Town Meeting of the Town of Ipswich 10-17-1992 STM, approved by Attorney
General 1-11-1993 (Ch. XIV, § 3,
of the 1973 Bylaws). Amendments noted where applicable.]
It shall be unlawful for any solicitor or canvasser as defined
in this bylaw to engage in such business within the Town of Ipswich
without first obtaining a license therefor in compliance with the
provisions of this bylaw. The provisions of this bylaw shall not apply
to any person exempted under Chapter 101 of the General Laws or to
any person exempted by any other General Law, nor shall this bylaw
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. Persons engaged
in the pursuit of soliciting for charitable, benevolent, fraternal,
religious or political activities shall be exempt from licensing after
notification to the Chief of Police or his/her designee.
A solicitor or canvasser is defined as any person who, for him-
or herself, or for any other 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, ware merchandise,
or services, including without limitation the selling, distributing,
exposing for sale, or soliciting or orders for magazines, books, periodicals
or other articles of a commercial nature, the contracting of all household
improvements, and/or for services to be performed in the future, regardless
whether or not such individual possesses, carries or exposes for retail
sale a sample of the subject of such sale or whether he/she is collecting
advance payment on such retail sale.
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, eye and hair color;
(4)
Applicant's social security number;
(5)
The duration for which the license is desired;
(6)
A brief description of the nature of the business and the goods to
be sold and/or services to be performed;
(7)
The name and home office address of the applicant's employer.
If self employed, it shall so state;
(8)
The applicant shall be photographed and fingerprinted by the Police Department for the purpose of completing a criminal background check and producing photo identification. The fingerprinted shall be in compliance with Chapter 127 of these General Bylaws.
[Amended 5-12-2015 ATM
by Art. 20]
(9)
If operating a motor vehicle: the year, make, model, motor number,
registration number, state of registration, vehicle's owner and
address.
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/her approval
or disapproval. Failure of the Police Chief to act on said permit
within seven business days of the applicant's filing shall constitute
approval. If disapproved, the applicant shall have the right of appeal
to the Select Board in writing within seven days of the denial by
the Chief of Police. The Select Board must act upon the appeal at
one of their next two regularly scheduled meetings. Failure to so
act shall be deemed approval.
C.
Such license when issued shall contain the signature of the Chief
of Police or of the Select Board 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, shall be 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 Town of Ipswich shall enforce this
bylaw. No license shall be transferred.
The Chief of Police is vested with authority to revoke licenses
issued under this bylaw. Any person aggrieved by such revocation may
appeal to the Select Board within seven business days, and a hearing
will be scheduled for one of the next two regularly scheduled meetings
of the Select Board.
Each license issued under the provisions of this bylaw shall
continue in force from the date of its issue until the 31st day of
December next following, unless sooner revoked.
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
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 Chapters 93, 93A and 255D of the General Laws.
B.
No solicitor or canvasser, licensed or exempted from license, may
use any plan, scheme or use 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 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 to remain on private property after
its owner has indicated that the canvasser or solicitor is not welcome.
Any person violating any provision of this bylaw shall, upon
conviction thereof, be punished by a fine not to exceed $50 for each
offense.
