City of Westbrook, ME Transient Sales

As used in this article, the following terms shall have the meanings indicated:

Any person who engages in the business of selling merchandise or services to consumers by means of personal contact, and who does not have, for the purposes of carrying on such business, any permanent place of business within this City. The term shall apply to any person otherwise denominated an itinerant dealer, peddler, street vendor, solicitor or canvasser, and it shall apply to all sales made thereby, except such sales as specifically excluded herein, whether the consumer goods are exhibited and sold from one location or in traveling from place to place.

§ 205-41 License required.

No person shall engage in the transient sale of consumer merchandise or services within the City without first having obtained a license as set forth in Article I of this chapter.

§ 205-42 Standards for issuance.

In determining whether a transient sales license should be issued, the inspecting officers, in addition to the standards that are elsewhere set forth in this chapter and the Code of the City of Westbrook, shall exercise the discretion vested by this article by resolving all questions in favor of the public health, safety, welfare and convenience. In so doing, they shall consider all relevant factors, including the following:

The ability of the City to enforce the provisions of this article with respect to the particular business;

The manner, time and location of marketing those goods and services, and the consonance of such sales with the public health, safety, welfare and convenience;

The risks created by the transient seller, both to pedestrian and vehicular travelers, and to the rights of building owners, occupants and invitees to free and safe ingress and egress; and

The past history of seller's business reputation and record of consumer complaints.

§ 205-43 Limitations.

[Amended 10-7-1991]

In addition to any restrictions imposed on a licensee by the inspecting officers, municipal officers or by the Code of the City of Westbrook, no transient sales may be conducted as follows:

Within 350 feet of any part of an establishment having a fixed location which offers for sale the same or substantially similar goods or services, when the transient seller operates from other than a fixed location on private property;

Within 350 feet of any other transient seller licensed by the City, when the transient seller operates from other than a fixed location on private property;

In any congested area in such a manner as to impede the passage of pedestrians or otherwise inconvenience the public, or in such a manner as to obstruct an entrance or exit of a building;

From a fixed location on a public way, sidewalk or public place;

From any location where customers would be encouraged or required to stop in the public way;

From a motor vehicle exceeding one ton gross vehicle weight, when conducted from other than a fixed location on private property;

By employing persons or equipment not designated in the license application;

By selling, offering for sale, distributing, or soliciting orders for future sale or delivery of a commodity or service not authorized;

In such a manner as to constitute an unfair or deceptive trade practice, a nuisance, or offense against the public order, as defined by the Maine statutes;

Between the hours of 9:00 p.m. to 8:00 a.m. except from a fixed location on private property.

§ 205-44 Exemptions.

[Amended 10-7-1991]

The terms of this article shall not apply to the following:

Religious articles;

Sales by a charitable organization;

Sales at auctions, public fairs, expositions and bazaars;

Sales of produce and foodstuffs at farmers' markets;

Seasonal sale of Christmas trees and wreaths; and

Sales by persons holding a current sales license issued by the municipal officers under other provisions.

§ 205-45 License fee and term.

[Amended 10-7-1991]

A license applicant who intends to sell primarily from a fixed location on private property shall pay the license fee set forth in Chapter A400, Master Fee Schedule, and the license shall be valid for a period of not more than 30 days from date of issuance. Such person shall be eligible for not more than two transient sales licenses for a particular business or enterprise within a twelve-month period. At least 30 days must intervene before a license is renewed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A license applicant who does not sell primarily from one location on private property shall pay the annual license fee set forth in Chapter A400, Master Fee Schedule.

§ 205-46 Standards for denial, suspension or revocation.

The municipal officers, in addition to other provisions of this code authorizing such action, may deny, suspend, or revoke a license upon stipulations set forth in § 205-8 as well as on the basis of a conviction of a gambling offense.