[HISTORY: Adopted by the Town Meeting of the Town of Carver as Ch. 6, § 6.7, of the 2015 Compilation. Amendments noted where applicable.]
It shall be unlawful for any solicitor or canvasser as defined in this by-law to engage in such business within the Town of Carver without first obtaining a license therefor in compliance with the provisions of this by-law. The provisions of this by-law shall not apply to any person exempted under Chapter 101 of the General Laws, or to any person duly licensed under Chapter 101 of the General Laws, or to any person exempted by any other General Law, nor shall this by-law 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 at the invitation of prospective customers to take an order for future periodic route deliveries.
As used in this chapter, the following terms shall have the meanings indicated:
SOLICITOR OR CANVASSER
Any person who, for himself, or for another 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, wares, merchandise, or services, including, without limiting, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all improvements, or for services to be performed in the future whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sales.
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) 
Applicants' height, weight, eye and hair color;
(4) 
Applicants' social security number;
(5) 
The length of time for which the right to do business is desired;
(6) 
A brief description of the nature of the business and the goods to be sold;
(7) 
The name and home office address of the applicants' employer; if self-employed, it shall so state;
(8) 
A photograph of applicant which picture shall be submitted by the applicant and be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguished manner;
(9) 
If operating a motor vehicle, the year, make, model, motor number, registration number, state of registration, vehicle's owner and address.
B. 
At the time of filing the application, each applicant shall pay a fee of $2.
C. 
If, in the opinion of the Chief of Police, an applicant is a not-for-profit community service, educational, or religious organization of good standing and reputation in the Town of Carver, the application fee shall be waived and a license to the organization may be issued and certified duplicate copies of the license issued to individuals to identify solicitors and canvassers for the organization. Such organization must designate a Carver resident person who shall be authorized to direct and control canvassers and solicitors and who shall be required to furnish required application information for the organization, with a list of all individual solicitors or canvassers, and the address of each. The Chief of Police may waive application items in Subsection A(3), (4), (7) and (8) as to the individual canvassers and solicitors for such organization who are also Town of Carver residents.
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 filing of the applicant, 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 its 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 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 are 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 Chief of Police is hereby vested with jurisdiction over the revoking of licenses. 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 by-law shall continue in force from the date of its issue until the 31st day of December following, unless sooner revoked.
A license issued under the provisions of this by-law 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 MGL c. 93, 93A and 255D.
B. 
No solicitor or canvasser, licensed or exempted from license, may use any plan, 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 with the purpose of making a sale of consumer.
It shall be unlawful for any canvasser or solicitor, whether or not exempt from licensing hereunder, to enter the premises of a resident or business who has displayed conspicuously a "no trespassing" or "no soliciting" sign or poster. Further, it shall be unlawful and cause revocation of a license for canvassers or solicitors to ignore a resident or businessperson's no solicitation directive or to remain on the premises after the owner or person in charge of the premises has indicated that the canvasser or solicitor is not welcome.