[Adopted 7-27-2007 (Art.
VII, § 16A, of the 1988 General Bylaws)]
It shall be unlawful for any solicitor as defined in this bylaw
to engage in such business within the Town 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 100 or 101 of the Massachusetts General Laws.
As used in this article, the following terms shall have the
meanings indicated:
LICENSEE
Any solicitor who has been issued a license in accordance
with the provisions of this bylaw.
SOLICITOR
Any person who, for himself/herself, or for any other person,
firm, organization, entity, 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, for the purpose of:
A.
Taking or attempting to lease or take orders for sales of goods,
wares, merchandise, or services, including without limitation the
selling, distributing, exposing for sale or soliciting orders for
magazines, books, periodicals or other articles of a commercial nature,
or the contracting of all home improvements or services to be performed
in the future, whether or not such person has, carries, or exposes
for sale a sample of the subject of such sale or whether such person
is collecting advance payment on such sale; or
B.
Soliciting contributions for or donations to any charitable
or nonprofit organization and who receives any wage, salary, percentage
of contribution or donation, or other remuneration with respect to
such activities.
The Chief of Police and the Board of Selectmen are hereby vested
with jurisdiction over the revocation of licenses. A license issued
under this bylaw may be revoked where there is a reasonable basis
for concluding that the licensee has violated any of the provisions
of this bylaw, has made a false or misleading statement in the application,
has violated any other local, state, or federal law or regulation,
or has engaged in conduct which presents a danger to members of the
public. Any person aggrieved by revocation may request a hearing before
the Board of Selectmen, which request must be made in writing no later
than seven business days from issuance of notice of revocation. A
hearing shall be scheduled for one of the next two regularly scheduled
meetings of the Board of Selectmen. Any person aggrieved by a decision
of the Board of Selectmen may appeal to the Superior Court pursuant
to MGL c. 249, § 4.
Each license issued under the provisions of this article shall
continue in force for a period determined by the Chief of Police,
not to exceed one year, unless sooner revoked.
[Amended 4-30-2018 ATM
by Art. 18]
A license issued under the provision of this article may be renewed by the Chief of Police upon request by the applicant. An applicant requesting a renewal of a license must apply in person for such license renewal, must provide such information as required by §
184-3 to obtain the initial license, and must pay a fee of $75.
No licensee, and no person exempted from license, may misrepresent
in any manner the buyer's right to cancel as provided for in Chapters
93, 93A, and 255 of the Massachusetts General Laws. No licensee, and
no person exempted from license, may use any play, scheme, or ruse
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 for the purpose of making a sale of
goods or services or obtaining donations or contributions.
It shall be unlawful for any licensee or person exempted from
license to enter the premises of a person who has displayed a "no
trespassing" or "no soliciting" sign or poster. It shall be unlawful
for licensees or persons exempted from license to ignore a person's
"no solicitation" directive or to remain on private property after
its owner or occupant has indicated that the solicitor is not welcome.
Any person violating any provision of this article shall be
subject to loss of the solicitation license and may be arrested without
a warrant, and upon conviction be punished by a fine of not less than
$50 nor more than $100 for each and every offense.