Except in accordance with a written permit from the Select Board and except as provided in MGL c. 101, § 17, a person shall not in any street or from any point immediately adjacent to a sidewalk sell or offer for sale any goods or articles to a person who is on any sidewalk that is under the control of the Town.
[HISTORY: Adopted by the Town Meeting of the Town of Longmeadow as §§ 6-307 to 6-310 and 6-312 of the General Bylaws. Amendments noted where applicable.]
Except in accordance with a written permit from the Select Board, a person shall not sell or offer to sell food, fruit, merchandise or other things from a table, stall, booth, cart or other structure in a public way or public place or upon a sidewalk that is under the control of the Town.
If a person who sells goods or merchandise has a permit or license that is required by these bylaws and if the person fails, neglects or refuses to exhibit his permit or license when demanded of him by a Select Person, Commissioner, Inspector, Sealer of Weights and Measures, police officer or any person authorized by the Select Board, the person is subject to the same penalty as if he had no license.
[Amended 10-25-2022STM by Art. 23, approved 2-22-2023]
A.
A person shall not conduct a tag sale, garage sale, barn sale or house sale if he does not have a permit for the sale from the Town Clerk of the Town.
B.
The Town Clerk shall not issue the permit:
(1)
If the person who desires the permit has not applied for the permit at least by noon on the last regular office day prior to the proposed sale;
(2)
If the applicant has failed to indicate the hours during which the sale is to be conducted;
(3)
If the sale is to extend beyond one day; or
(4)
If the applicant fails to pay the fee established by the Select Board for the issuance of the permit.
C.
The Town Clerk shall not issue more than two permits per year to the occupant of a dwelling unless the Select Board specifically authorizes the additional permits. A person who holds a permit for a sale under this section is authorized to exhibit on the day of the sale in front of the affected dwelling a sign up to four feet square that advertises the sale. A person shall not exhibit other signs advertising the sale.
A person shall not sell or offer to sell to a school pupil food or any article that is suitable for or intended for human consumption or use within the limits of a public way or within 100 yards from the nearest boundary of a public school grounds between the hours of 8:00 a.m. and 4:00 p.m. on a day that the school that the pupil attends is in session.