It is the purpose of this bylaw to regulate persons or organizations engaged in commercial soliciting, canvassing, or peddling in the Town of Upton. The issuance of licenses and other restrictions on such conduct is for the purpose of protecting the Town's residents from disruption of the peaceful enjoyment of their residences and other Town activities. Furthermore, it is the purpose of this bylaw to protect the citizens of the Town of Upton from crime and fraud, while allowing reasonable access to residents by persons or organizations who wish to engage in commercial solicitation.
[HISTORY: Adopted by the Town Meeting of the Town of Upton May 2010 as Title 4, Ch. 8, of the General Bylaws. Amendments noted where applicable.]
For the purpose of this bylaw, the following definitions shall apply:
Shall mean and include any one or more of the following door-to-door activities:
Person-to-person distribution of literature, periodicals, or other printed materials for commercial purposes, but shall not include placing or dropping off printed materials on the premises.
Seeking to enlist membership in any organization for commercial purposes.
Seeking to present, in person, organizational information for commercial purposes.
Shall mean but not be limited to benevolent, educational, philanthropic, humane, patriotic, scientific, literary, religious, eleemosynary, health, safety or welfare-related, or in furtherance of governmental or civic objectives, and benefiting the general public or some indefinite class thereof.
Shall mean any person whose purposes or actual operation is charitable in nature or one holding himself out to be a charitable organization in whole or in part, including any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which could be reasonably interpreted to suggest that there is a charitable purpose to any such solicitation.
Shall mean any person who for profit or other commercial consideration conducts, produces, promotes, underwrites, arranges or sponsors a performance, event, or sale to the public of a good or service which is advertised in conjunction with the name of any charitable organization or as benefiting to any extent any charitable purpose. Any such person who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution of the proceeds of the performance, event or sale are supervised and controlled by the benefiting charitable organization.
Shall mean any person who has obtained a valid license from the Town as required by this bylaw.
[Amended 5-8-2021 ATM by Art. 17]
A registry of residential addresses in the Town, organized alphabetically by street name, indicating those residential properties placed on the registry at the request of the owner or occupant indicating that he or she does not want sales agents to enter his or her property.
[Added 11-7-2023 STM by Art. 18]
Shall mean and include any person, either principal or agent, who goes from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or exposing therefor, any goods, wares or merchandise, either on foot, on or from any animal or vehicle.
Shall mean and include every individual dwelling unit occupied for residential purposes by one or more persons.
Shall mean and include any one or more of the following door-to-door activities:
Selling or seeking to obtain orders for the purchase of goods or services, including advertising in any type of publication, for any kind of consideration whatsoever;
Selling or seeking to obtain prospective customers for application for purchase of insurance of any kind;
Selling or seeking to sell subscriptions to books, magazines, periodicals, newspapers or any other type of publication;
Seeking to obtain gifts or contributions of money, or any valuable thing for the support or benefit of any association, organization, corporation or project wholly or in part for commercial purposes or by a professional solicitor or commercial co-venturer for a charitable or other noncommercial organization;
Seeking to obtain information on the background, occupation, economic status, political affiliation, attitudes, viewpoints, or the like of the occupants of a residence for the purpose of selling or using such data, wholly, or in part, for commercial purposes.
It shall be unlawful for any solicitor, canvasser or peddler as defined in this bylaw to engage in such business in the Town of Upton without first obtaining a license in compliance with the provisions of this bylaw. Any person who is not properly licensed under this bylaw shall subject to the penalties outlined in § 235-8 of this bylaw.
Nothing in this bylaw shall be construed to impose any license requirement or otherwise restrict or in any way regulate any activity for noncommercial purposes, including but not limited to any activity for fraternal, religious, charitable, civic or political purposes, regardless of whether such activity includes acts that would otherwise constitute soliciting, canvassing or peddling.
[Added 11-7-2023 STM by Art. 18[1]]
A.
Residents may submit their property for inclusion on the No Solicitation Registry, without charge, to the Upton Town Clerk. The Town Clerk shall update the No Solicitation Registry within five business days of a resident's submission of their property on the Registry.
B.
Upon approval and issuance of a Town of Upton door-to-door sales permit, each salesperson shall be provided with a copy of the No Solicitation Registry.
C.
Fraternal, religious, charitable, civic or political organizations, and Upton youth groups serving children 17 years of age and under, are exempt from the No Solicitation Registry and shall not be required to obtain a permit hereunder.
Any individual or organization applying for a license under this bylaw shall complete and submit a written application to the Chief of Police, along with a fee of $25 (per application) payable to the Town of Upton. Said application shall include the following information:
A.
Organization application forms shall include the following information:
(1)
The name and address of the organization applying for license, and the names and addresses of the organization's principal officers. If the organization is a charitable organization, a copy of the annual registration statement filed with the Attorney General's Division of Public Charities must be provided with this application. Failure to include a copy of the annual registration statement under such circumstances will render the application incomplete, and no action will be taken thereon. If the organization is a professional solicitor or a commercial co-venturer for a charitable organization, a copy of the contract with the charitable organization must be provided with this application. Failure to include a copy of the contract with the charitable organization under such circumstances will render the application incomplete, and no action will be taken thereon.
[Amended 5-8-2021 ATM by Art. 17]
(2)
The name, title and phone number, IRS or social security (optional) number and photo identification of the persons filing the application form.
(3)
The names and addresses of the person(s), if any, who will be directly supervising the solicitation or canvassing operation in the Town of Upton.
(4)
A list of the names, addresses, dates of birth of all individuals who will be employed in solicitation, peddling or canvassing by the applicant.
(5)
Period of time for which license is needed (note: no license may be granted for longer than a ninety-day period).
[Amended 5-8-2021 ATM by Art. 17]
(6)
Names of the last three communities (if any) in which the organization has conducted a solicitation, canvassing, or peddling operation, complete with the date issued and date expired.
(7)
Insurance information and license, if applicable.
(8)
Make, model and registration number of any vehicle to be used by the applicant while soliciting, canvassing or peddling.
B.
Individual license forms shall be required for all individuals, including those who are affiliated with an organization licensed under Subsection A hereof. Individual license forms shall contain the following information:
[Amended 5-8-2021 ATM by Art. 17]
(1)
Name and address of the present place of residence and length of residence at that address; if less than three years residence at present address, the address of residence(s) during the past three years.
(2)
Date of birth.
(3)
Name, address and telephone number of the person or organization which the applicant represents and the length of time the applicant has been associated with or employed by that person or organization. If the individual is a professional solicitor or a commercial co-venturer for a charitable organization, a copy of the contract, if any, with the charitable organization must be provided with this application. Failure to include a copy of the contract with the charitable organization under such circumstances will render the application incomplete, and no action will be taken thereon.
(4)
Name and address of employer during the past three years.
(5)
Period of time for which license is needed (note: no license may be granted for longer than a ninety-day period).
(6)
Name of the last three communities (if any) in which the applicant has solicited or canvassed door-to-door, complete with the date of issue and expiration date.
(7)
Social security number (optional).
(8)
Photo identification and recent passport-sized photograph of the applicant to be affixed to identification card.
(9)
Make, model and registration number of any vehicle to be used by the applicant while soliciting or canvassing.
A.
If after an investigation into the facts contained in the license application the Police Chief is satisfied that the applicant therein named is of "good repute as to morals and integrity" (as that term is used in MGL c. 101, § 22), the Police Chief or his designee shall grant the requested license within 10 business days.
B.
The Police Chief or his designee shall refuse to issue a license to any organization or individual whose license has been revoked for violation of this bylaw within the previous two-year period.
A.
The Police Chief, after a review of the information contained in the license application, but in no more than 10 business days after receipt, shall issue to each successful applicant an identification card which shall contain the following:
B.
Persons engaged in solicitation, canvassing or peddling as defined in this bylaw must display the identification card while soliciting, canvassing or peddling and present the card to any police officer or person solicited, canvassed, or peddled to upon request.
A.
Any person or organization engaged in soliciting, canvassing or peddling shall produce his or her solicitor's license to any police officer of the Town. Any person violating any provision of this bylaw shall be fined in accordance with § 1-5 of this Code. The enforcing agent for purposes of this bylaw shall be the Chief of Police or his/her designee. Any license issued under this bylaw shall be the property of the Town and shall be surrendered to the Chief of Police or officers of the Town upon demand. After investigation, licenses issued under the provisions of this bylaw may be revoked by the Chief of Police or his designee after written notice delivered to the holder of the license in person, or sent to the holder by certified mail at the address set forth in the application for any of the following reasons:
[Amended 5-8-2021 ATM by Art. 17]
(1)
Fraud, misrepresentation or false statement contained in the license application.
(2)
Fraud, misrepresentation or false statements made in the course of carrying on the business of solicitation.
(3)
Any violation of this bylaw.
(4)
Conviction of any felony crime or classification as a Level 2 or Level 3 sex offender.
(5)
Conducting the business of soliciting, canvassing or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or menace to health, safety or general welfare of the public.
(6)
No salesperson shall enter within the perimeter of any residential property included on the No Solicitation Registry.
[Added 11-7-2023 STM by Art. 18]
(7)
No salesperson shall solicit sales from a person situated within a residential property included on the No Solicitation Registry from street, sidewalk or other adjacent property.
[Added 11-7-2023 STM by Art. 18]
B.
Whoever continues to solicit, canvass or peddle in willful violation of this bylaw by continuing to solicit, canvass or peddle after being informed by a police officer to cease and desist may be prosecuted to the full extent of the law.
[Amended 5-8-2021 ATM by Art. 17; 11-7-2023 STM by Art. 16]
Any person or organization who is denied license or whose license has been revoked may appeal by filing a written notice of appeal with the Select Board. Such appeal must be filed within five business days after receipt of the notice of denial or revocation. The Select Board shall hear the appeal after the filing of the written notice of appeal.
All licenses for soliciting in the Town of Upton are valid only for the particular dates or time period specified thereon, and in no case for longer than 90 days.
Invalidity of any individual provision of this bylaw shall not affect the validity of the bylaw as a whole.