It shall be unlawful for any solicitor or canvasser 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 101 of the Massachusetts General Laws, or to any person duly licensed under Chapter 101 of the Massachusetts General Laws, or to any person exempted by another General Law, nor shall this bylaw 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 upon prospective customers to solicit an order for future periodic route deliveries.
[HISTORY: Adopted by the Town Meeting of the Town of Norfolk as 10-23-1991 (Art. X, § 21, of the General Bylaws). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any person who, for themselves 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 limitation, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home 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 they are collecting advance payment on such retail sales.
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:
A.
Name of applicant;
B.
Address of applicant (local and permanent home address);
C.
Applicant's height, weight, eye and hair color;
D.
Applicant's social security number;
E.
The length of time for which the right to do business is desired;
F.
A brief description of the nature of the business and the goods to be sold;
G.
The name and home office address of the applicant's employer. If self-employed, it shall so state;
H.
A photograph of the 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 distinguishing manner;
I.
If operating a motor vehicle: the year, make, model, motor number, registration number, state of registration, vehicle's owner and address.
[Amended 5-10-2022 ATM by Art. 19]
At the time of filing the application, each applicant shall pay a fee of $10.
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 the filing of the application, the Chief of Police shall endorse on such application their 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 to 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 same shall be operative, as well as the license number. The Police Department shall keep a record of all licenses issued for 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.
D.
Duty of Police to enforce/transfer. The police officers of the Town shall enforce this bylaw. No license shall be transferred.
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 bylaw 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 bylaw may be renewed by the Chief of Police. An applicant requesting renewal of a license must apply in person for such license renewal and provide such information as is required to obtain an initial license.
[Amended 5-10-2022 ATM by Art. 19]
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 goods or services.
C.
Trespassing. It shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business that has displayed a "no trespassing" or "no soliciting" sign or poster. Further, it shall be unlawful for canvassers or solicitors to ignore a resident's or businessperson's "no solicitation" directive or remain on private property after its owner has indicated that the canvasser or solicitor is not welcome.
[Amended 5-10-2022 ATM by Art. 18]
Any person violating any provision of this bylaw shall, upon conviction thereof, be punished by a fine not to exceed $50 for each and every offense. Under the provisions of MGL c. 40, § 21D, as accepted by the Town of Norfolk, this bylaw may also be enforced using the noncriminal disposition procedure as provided in Chapter 1, Article I, of the General Bylaws, with a fine as provided in § 1-4.