Town of Dartmouth, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth 6-2-2015 by Art. 30, approved 9-3-2015 (§ 61.1 of the 2011 General By-Laws). Amendments noted where applicable.]
GENERAL REFERENCES
Junk, old metals and secondhand articles — See Ch. 220.
Soliciting and canvassing — See Ch. 305.
In accordance with the provisions of Massachusetts General Laws, Chapter 101, Section 5, any individual who wishes to engage in a temporary or transient business must obtain a transient vendor license from the Select Board. As allowed by Massachusetts General Laws, Chapter 101, Section 2, this chapter supplements the provisions, restrictions and requirements that are found in said Chapter 101 for obtaining a transient vendor license from the Select Board and for operating a temporary or transient business within the Town. Applicants and license holders should review and become familiar with those statutory provisions, restrictions and requirements.
A. 
As provided in Massachusetts General Laws, Chapter 101, Section 1, a temporary or transient business is the exhibition and sale of goods, wares or merchandise to the public, from within a tent, booth, building or other structure, for a period of less than 12 consecutive months. A transient vendor may engage in such a business at multiple locations. However, as provided in Massachusetts General Laws, Chapter 101, Section 2, a temporary or transient business does not include either the taking of orders for future delivery or wholesale transactions between commercial agents and dealers. Furthermore, as provided in Massachusetts General Laws, Chapter 101, Section 1, anyone who is taking part in a flea market, craft show, antique show or similar show that is operated by a promoter that has been licensed under Massachusetts General Laws, Chapter 101, Section 3A, shall not be considered a transient vendor.
B. 
The Town shall not consider a temporary or transient business to include any yard sale or garage sale as those terms are commonly understood, provided that not more than two such sales occur on any given private property within a calendar year. Further, the Town shall not consider a temporary or transient business to include any farm stand that is operated seasonally on the same property at which the sold goods are produced, as allowed by Chapter 192, Article I, of the General By-Laws.
The application for a transient vendor license shall be in a form as determined by the Select Board, and shall list the goods, wares or merchandise that the applicant seeks to sell; provided, that no such application shall be accepted by the Select Board until and unless the applicant has obtained a state-issued transient vendor license for such sales in accordance with Massachusetts General Laws, Chapter 101, Section 3, with a copy of the same attached to the application. Each application shall be submitted by, and each license may be issued only to, an individual rather than a business entity; provided that the employees and agents of the licensee may assist the licensee in the temporary or transient business solely when they are supervised by the licensee; further provided, that multiple individuals may seek licenses for the same temporary or transient business. The fee for a transient vendor license shall be as provided in Massachusetts General Laws, Chapter 101, Section 5.
A. 
The Select Board may approve a transient vendor license only if it determines that the proposed temporary or transient business will not impair the flow of traffic or the safety of pedestrians, will not interfere with the peaceful enjoyment of any public or private property, and will not violate any statute, regulation or general or zoning by-law. The Select Board may seek the opinion of any other Town official, board or commission in order to assist in making this determination.
B. 
The Select Board may, in its discretion, set reasonable conditions upon any issued license, and may limit the type(s) and volume of goods to be sold, the location(s) at which said goods may be sold, the days of the week and hours of the day during which said goods may be sold, and the type(s) of structures in which said goods may be sold. Furthermore, if the Select Board determines that traffic or crowd-control circumstances warrant it, then it may, in its discretion, require the licensee to retain, at the licensee's own expense, sufficient uniformed security personnel in order to maintain public safety and order.
C. 
If the temporary or transient business shall be located on Town-owned property, including any public right-of-way, then the license shall not be issued by the Town Clerk until and unless the licensee either shall have posted a bond in an amount as determined by the Select Board, or shall have provided to the Select Board a certificate of general liability insurance, in an amount as determined by the Select Board, with the Town listed as an additional insured. Additionally, by accepting a transient vendor license that allows the operation of a temporary or transient business on Town-owned property, including any public right-of-way, the licensee concurrently agrees to indemnify and hold harmless the Town and its boards, commissions, committees, officers, employees, officials and agents, from and against any liability, cause of action or damages that result from the operation of said business at any such location.
D. 
If a temporary or transient business shall be located on private property, then the license shall not be issued by the Town Clerk until and unless the licensee shall have provided to the Select Board a certificate of general liability insurance, in an amount as determined by the Select Board. The issuance of a transient vendor license for the operation of a temporary or transient business on private property shall not constitute, or be construed as constituting, any affirmation by the Town that the applicant is the owner of said property, or has an easement interest, leasehold interest or other permission of said owner that would authorize the operation of a temporary or transient business at said property. By accepting a transient vendor license for the operation of a temporary or transient business on private property, the applicant concurrently agrees to indemnify and hold harmless the Town and its boards, commissions, committees, officers, employees, officials and agents, from and against any claims, causes of action or demands for damages that are brought by the owner of said property, including, without limitation, with respect to trespass, in response to any temporary or transient business that is operated pursuant to said license.
A. 
As provided in Massachusetts General Laws, Chapter 101, Section 5, each such transient vendor license shall expire either once the licensee is no longer actively selling any goods, wares or merchandise pursuant to the same, or upon the first of January, whichever is earlier. Each licensee shall carry the issued license at all times while conducting business pursuant to the same, and said license shall be produced for review upon the request of any Town police officer. Transient vendor licenses are not transferable, even to successors in interest to the licensee.
B. 
As provided in Massachusetts General Laws, Chapter 101, Section 3, all transient vendors are subject to any rules or regulations regarding temporary or transient businesses that the Select Board promulgates in its discretion.
C. 
A transient vendor may not operate pursuant to an issued license if any other required federal, state or local approvals have not been obtained.
Failure of a licensee to abide by either the provisions of this chapter, or the terms, conditions or restrictions of the issued transient vendor license, shall subject said license to suspension or revocation by the Select Board in its sole determination; provided, that any such suspension or revocation may occur only after a hearing for which the licensee is given at least seven days advance written notice.
Upon expiration, suspension or revocation of a transient vendor license, the licensee shall return the same to the Select Board.
Every violation of this chapter shall result in a fine of $300; provided that each item or piece of merchandise that is sold in violation of said chapter shall be a separate violation; further provided, that each day of a continuing violation of said chapter shall be a separate violation. For the purposes of these enforcement provisions, any violation of the terms conditions or restrictions of any transient vendor license that has been issued by the Select Board shall constitute a violation of this chapter. Each violation of this chapter shall be enforced by the Town police officers, and shall be subject to the non-criminal disposition procedures as provided in Chapter 60, Article I, of these General By-Laws and Massachusetts General Laws, Chapter 40, Section 21D.
The provisions of this chapter are severable. If any court of competent jurisdiction determines that any such provision is in violation of the laws, constitutions or regulations of the Commonwealth of Massachusetts or the United States of America, the remaining provisions shall not be affected thereby and shall continue in full force and effect.