[HISTORY: Adopted by the Town Meeting of the Town of Sturbridge 6-7-2021 ATM by Art. 34. Amendments noted where applicable.]
The following words as used in this bylaw, unless the context otherwise requires, shall have the following meanings:
CANVASSING
The act of asking people in an area what they think about a candidate, project, idea, etc.
HAWKING
The selling of items on foot, from a vehicle or a portable stand, on or adjacent to a public way or property.
PEDDLING
The same as soliciting.
SOLICITING
The traveling by foot, automobile or any other type of conveyance from place to place or from house to house for the purpose of:
A. 
Taking or attempting to take orders for the sale or lease of goods, wares, merchandise or services;
B. 
Requesting or attempting to request contributions for any purpose, including the selling, distributing or exposing for sale or taking orders for magazines, books, periodicals or other items of a commercial nature; or
C. 
The contracting for home improvements or for services to be performed in the future.
No person shall engage in the activity of soliciting, peddling or hawking in the Town of Sturbridge without first obtaining a license in accordance with the provisions of § 221-4.
The provisions of this bylaw shall not apply to:
A. 
Salesmen or agents of wholesale houses or firms who solicit orders from retail dealers for resale or from manufacturers for manufacturing purposes.
B. 
Bidders for public works or supplies.
C. 
Local charitable, religious, fraternal, service and civic organizations ("local" meaning origin within the community).
D. 
The soliciting for any charitable, benevolent, fraternal, religious or political activities or organizations by a resident of the Town of Sturbridge.
E. 
Any person exempted by the General Laws.
F. 
Person who deals with established customers whom they periodically call upon to solicit an order for future delivery.
G. 
Real estate brokers and insurance salesmen.
A. 
Any applicant for a license to engage in soliciting, peddling or hawking shall obtain an application form from the Town Administrator requiring the following information:
(1) 
Name of applicant.
(2) 
Address of applicant.
(3) 
Applicant's height, eye and hair color.
(4) 
Applicant's social security number.
(5) 
The period of time for which the activity will be carried on in the Town of Sturbridge.
(6) 
The location(s) within the Town of Sturbridge on which the activity will be carried out.
(7) 
A brief description of the activity or business to be carried on, with a description of the goods or other materials to be sold, leased or otherwise distributed.
(8) 
The name and home office of the applicant's employer. If self-employed, the applicant shall so state.
(9) 
If hawking is involved, a letter of permission signed by the landowner, or if a public way is to be used, a letter signed by the Chief of Police shall be attached to the application.
(10) 
If operating a motor vehicle, the applicant shall indicate the year, make, color, model, vehicle identification number (VIN) registration number, state of registration and the address of said owner.
(11) 
A statement as to whether or not the applicant has been convicted of any crime or misdemeanor within the past 10 years.
B. 
When the application is completely filled out, the applicant shall personally take the application and any required letter(s) of permission to the Chief of Police who will, upon presentation of identification, take two, two inches by two inches photographs of the applicant showing the head and shoulders in a frontal view. One photograph shall be attached to the application. The applicant's fingerprints shall be taken and retained by the Chief of Police.
C. 
License fees for one-week or one-year licenses shall be set by the Board of Selectmen and shall be payable to the Town of Sturbridge.
D. 
Following the receipt of the applicant's reputation as to morals and integrity, the Chief of Police shall approve or disapprove the application within a period of 10 days from the date it is filed.
E. 
The Chief of Police shall forward the application together with his recommendation to the Town Administrator. If the recommendation is favorable, the Town Administrator shall issue the license. If the Chief of Police recommends denial of the license, the Town Administrator may deny the license and the license fee shall be returned to the applicant.
F. 
Each license shall contain the name and address of said licensee, the date of issuance, the license number and the length of time the license shall be operative, and shall be signed by the Town Administrator.
G. 
The Town Administrator shall keep a record of all the licenses issued for a period of six years from the date of original issuance.
H. 
No license may be extended beyond the original terminating date. If additional time is required, a new application must be initiated.
I. 
All licenses shall expire on December 31 of the year of issuance.
All persons engaged in an activity constituting soliciting, canvassing, peddling or hawking are required to display an identifying badge by wearing said badge on an outer garment. The Chief of Police shall issue these badges to a license holder upon the payment of a deposit in an amount set by the Board of Selectmen. The deposit shall be refunded to the licensee upon return of the badge to the Chief of Police.
No person shall:
A. 
Solicit or peddle before the hour of 8:00 a.m. of any day or after the hour of 8:00 p.m. of any day except by individual appointments.
B. 
Solicit or peddle or pretend to solicit or peddle by ringing, calling or knocking at any building which contains a sign or other marking indicating in open view that such activities shall not take place on that premises. Such signs as "No Soliciting", "No Salesmen" and the like shall be sufficient warning to those persons who might otherwise engage in the activity of soliciting.
C. 
Misrepresent his own identity, his employer's identity, if any, or his partner's identity, if any, while soliciting or peddling or hawking in the Town of Sturbridge. No person shall fraudulently represent that he or she is the agent, employee or partner of some other individual firm, corporation or other entity when in fact no such relationship exists.
A. 
Licenses issued pursuant to this bylaw may be revoked by the Chief of Police of the Town of Sturbridge after notice and hearing for any of the following reasons:
(1) 
Fraud, misrepresentation or any false statements made to the Police Department in furnishing the information required in § 221-4.
(2) 
Any violation of this bylaw.
(3) 
Conviction of the license holder of any felony or crime involving morals, embezzlement or any other crimes of this nature.
(4) 
Soliciting, peddling, canvassing or hawking in an unlawful manner or in such a manner as to constitute a breach of the peace, or be a threat or danger to the health, safety or general welfare of the people of the Town of Sturbridge.
(5) 
Conducting activities different than those covered by the license or in a different location than that shown on the license.
B. 
Notice of hearing for revocation of a license shall be given by the Chief of Police in writing, stating the grounds of the complaint and the time and the place of the hearing. Such notice shall be mailed, postage prepaid, to the license holder at the address given on the application form, at least five days prior to the date set for the hearing.
Any person aggrieved by the decision of the Chief of Police shall have the right to appeal said decision to the Board of Selectmen. Such appeal shall be taken by filing with the Town Clerk a written statement of the ground for the appeal within 14 days after the receipt of the notice of the decision of the Chief of Police. The Board of Selectmen shall set the time and place for hearing such appeal. Notice of such time and place shall be given by the Town Clerk to the aggrieved party in the manner herein above provided for hearing of notice of revocation by the Chief of Police.
Every person violating any provision of this bylaw shall be punished by a fine not exceeding $50 under a noncriminal disposition, as contained in Chapter 1, Article I, of the Town bylaws. Every violator of any provision of this bylaw shall be guilty of a separate offense for every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every separate offense.