[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:
SOLICITOR/CANVASSER
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.
[Amended 4-24-2023 ATM by Art.
16]
A. Upon receipt of the application form, the Chief of Police or his designee shall investigate the applicant's reputation as to morals and integrity and shall conduct the fingerprint-based criminal history check required by Chapter
274, Article
I, of the Town Code.
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.
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.