[HISTORY: Adopted by the Town Meeting of the Town of Groveland
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 7, Art. I, § 7-5, of the General
Bylaws]
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 General Laws or to any person
duly licensed under Chapter 101 of the General Laws or to any person
exempted by any other 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 deliveries.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any person who, for himself 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 street to street, taking
or attempting to lease or take orders for wholesale/retail sale of
goods, wares, merchandise or services, including, without limiting,
the selling, distributing, exposing for sale or soliciting of orders
for magazines, books, periodicals or other articles of a commercial
nature, the contracting of all types of home improvements or for services
to be performed in the future, whether or not such individual has,
carries or exposes for wholesale/retail sale a sample of the subject
of such sale or whether he/she is collecting advance payment for such
wholesale/retail sales.
A.
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:
(1)
Name of applicant.
(2)
Address of applicant (both local and permanent home address).
(3)
Applicant's height, weight, eye and hair color.
(4)
Applicant's social security number.
(5)
The length of time for which the right to do business is desired.
(6)
A brief description of the nature of the business and the goods to
be sold.
(7)
The name and home office address of the applicant's employer. If
self-employed, it shall so state.
(8)
A photograph of the applicant, taken within the last six months,
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.
[Amended 4-24-2023 ATM by Art.
16]
(9)
If operating a motor vehicle: the year, make, color, VIN #, registration
number, state of registration, vehicle's owner and address.
B.
Upon filing said application, each applicant shall pay a fee in an
amount set from time to time by the Board of Selectmen.
[Amended 4-24-2023 ATM by Art.
16]
[Amended 4-24-2023 ATM by Art.
16]
B.
After said investigation, but within seven business days of the filing
of the applicant or of the Chief's receipt of the results of the required
background check, whichever is earlier, the Chief of Police or his
designee shall endorse on such application his approval or disapproval.
Failure of the Police Chief or his designee to act on said permit
within seven business days of the applicant's filing or of the Chief's
receipt of the results of the required background check, whichever
is earlier, shall constitute approval. If disapproved, the applicant
shall have the right to appeal to the Board of Selectmen in writing
within seven days of the denial by the Chief of Police or his designee.
The Board of Selectmen must act upon the appeal at one of its next
two regularly scheduled meetings. Failing to do so shall be deemed
approval.
C.
Such license, when issued, shall contain the signature of the Chief
of Police and/or the Board of Selectmen and shall show the name, address
and photograph of said licensee, the date of issuance and the length
of time the license shall be effective, as well as the license number.
D.
The Police Department shall keep a record of all licenses issued
for a period of six years. Solicitors and canvassers, when engaged
in the business of soliciting or canvassing, are required to display
an identifying document issued by the Police Department by wearing
said document on their outer garment. Each licensee is required to
possess an individual license.
The police officers of the Town shall enforce this bylaw. No
license shall be transferred or is transferable.
The Chief of Police or his designee is vested with the authority
and jurisdiction to revoke said licenses. Any person aggrieved by
said revocation may appeal to the Board of Selectmen within seven
business days, and a hearing will be scheduled for one of the next
two regularly scheduled meetings of the Board of Selectmen.
[Amended 4-24-2023 ATM by Art.
16]
Each license issued under the provisions of this bylaw shall continue in force from the date of issue until the date set forth on the license in accordance with § 305-4C of this bylaw or the 31st of December following, unless sooner revoked.
A license issued under the provisions of this bylaw may be renewed
by the Chief of Police or his designee. An applicant requesting a
renewal of a license must apply in person for such renewal, and provide
such information as is required to obtain an initial license.
A.
No solicitor or canvasser licensed or exempted from license, may
misrepresent in any manner the buyer's right to cancel as stipulated
by Chapters 93, 93A and 255D of the Massachusetts General Laws.
B.
No solicitor or canvasser licensed or exempt 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.
It shall be unlawful for any canvasser or solicitor to enter
the premises of a resident or business who or which has displayed
a "No Trespassing" or "No Soliciting" sign or poster. Further, it
shall be unlawful for canvassers or solicitors to ignore a resident
or business person's "no solicitation" directive or remain on private
property after its owner has indicated that the canvasser or solicitor
is not welcome.
The following may be exempt from licensing requirements upon
first contacting the Chief of Police or his designee:
A.
Persons engaged in soliciting for charitable, benevolent, religious
or political activities.
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.
