[HISTORY: Adopted by the Town Meeting of the Town of Lakeville 5-8-2023 ATM by Art. 12, AG approved 11-13-2023. Amendments noted where applicable.]
This bylaw and its regulations govern for-profit transient vendors/businesses,
hawkers and peddlers, and door-to-door solicitations pursuant to the
authority granted the Town of Lakeville. These regulations are intended
to supplement, and not to replace or override, the Massachusetts General
Law governing the foregoing activities, all as set forth in MGL c.
101, §§ 1 through 34.
The following terms shall have the meanings set forth in MGL
c. 101, § 1 et seq., and are summarized for the purposes
of these regulations as follows:
Any person who goes from place to place within the Town selling
goods, whether on foot or in a vehicle, for profit, is a hawker or
peddler. (These two terms are interchangeable.)
For purposes of these regulations, the persons being regulated
herein are those persons over the age of 16 who are engaging in the
activities regulated herein for or on behalf of for-profit organizations.
A "transient vendor" is a person who conducts a transient
business for profit. A "transient business" (also called a "temporary
business") is any exhibition and sale of goods, wares or merchandise
which is carried on in any structure (such as a building, tent, or
booth) unless such place is open for business during usual business
hours for a period of at least 12 consecutive months.
The purpose of these regulations is to ensure public safety
by requiring persons conducting the foregoing activities, which historically
have a high potential for fraud and abuse, to be licensed, either
at the state level or local level, so that the Town's citizenry will
know who is conducting these activities and that, to the degree set
forth herein or in the applicable Massachusetts General Laws, they
have identified themselves to the proper authorities, are bonded if
required, and satisfy the minimum criteria.
These regulations shall apply to all persons conducting the
foregoing activities within the Town of Lakeville.
Each person engaging in the foregoing activity shall be subject
to, responsible for, and fully in compliance at all times with the
following requirements:
A.
Registration
requirements.
(1)
Persons
not registered (licensed) by the commonwealth shall make application
for a Lakeville permit to the Chief of Police, on a form containing
the following information or on a form as prepared by the Lakeville
Police Department: the applicant's name, signature, home address,
the name and address of the owner or parties in whose interest the
business is to be conducted, their business address and phone number,
cellular telephone numbers for the applicant and business; a brief
description of the business to be conducted within the Town; the applicant's
social security number; the description and registration of any motor
vehicles used by the applicant; and whether the applicant has ever
been charged with a felony. The application shall be made under oath.
The applicant shall be photographed for purposes of identification.
(2)
The
Chief of Police shall approve the application and issue a permit within
48 hours, excluding Saturday, Sunday, and legal holidays, of its filing
unless he determines either that the application is incomplete, or
that the applicant is a convicted felon, or is a fugitive from justice.
The registration card shall be in the form of an identification card,
containing the name, signature and photograph of the licensee. Such
card shall be nontransferable and valid only for the person identified
therein and for the purpose as shown on the license. The card shall
be valid for a period of one year from the date of issuance. Any such
registration card shall be void upon its surrender or revocation,
or upon the filing of a report of loss or theft with the Lakeville
Police Department. The Chief of Police may revoke such registration
card for good cause.
(3)
Persons
registered (licensed) by the commonwealth shall not be subject to
the foregoing subsection but are required to make themselves known
to the Lakeville Police Department by filing a copy of the state license
with the Department.
B.
Permit
or license to be visibly displayed. Such state or local permit or
license shall be displayed at all times while the business activity
is being conducted and shall be provided to any police officer upon
request. The license shall also be affixed conspicuously on the outer
garment of the licensee whenever he or she shall be engaged in the
activity, except in the case of a transient business, when the license
shall be displayed visibly within the structure where such business
is being conducted. Such permit or license, if issued locally, shall
be the property of the Town of Lakeville and shall be surrendered
to the Chief of Police upon its expiration.
C.
Permit
fee. The filing of a copy of a state license as required shall not
be subject to a fee. The fee for a local permit shall be determined
by the Select Board after consultation with the Chief of Police.
D.
Restrictions
on activity.
(1)
No
solicitations shall be made after 5:00 p.m. or before 8:00 a.m.
(2)
No
solicitations shall be made on official federal, state or Town holidays
or Sundays.
(3)
No
person may use any plan, scheme or ruse, or make any false statement
of fact, regarding the true status or mission of the person making
the solicitation.
(4)
For
good cause, the Chief of Police may further regulate the hours and
conditions under which the licensee may engage in door-to-door selling.
Whoever violates any provision of this bylaw shall be punished
by a fine of not more than $100 for each offense.
