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.
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.
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.