[Code of Bylaws, § 13-30; Bylaws
Art. 78, 5-7-1991]
(a) It
shall be unlawful for any solicitor or canvasser as defined in this
section to engage in such business within the town of Millbury without
first obtaining a license therefor in compliance with the provisions
of this section. The provisions of this section shall not apply to
any person who is engaged in the pursuit of soliciting charitable,
benevolent, fraternal, religious or political activities, nor to any
person exempted under M.G.L. ch. 101, or to any person duly licensed
under M.G.L. ch. 101, or to any person exempted by any other general
law, nor shall this section be construed to prevent 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.
(b) A
solicitor or canvasser is defined as 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, taking or attempting to lease or take orders for the sale of
goods, wares, merchandise or services, or taking or attempting to
take contributions for any purpose, including but without being limited
to, 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 for such
sale, or whether or not such person is collecting advance payment
on such retail sales.
(c) Each
licensee is required to possess an individual license. Said license
shall be on a form approved by the chief of police and shall contain
a photo of the individual, their name, date of birth, and signature
as well as the appropriate information pertaining to the company or
organization they represent.
(d) Applicants
for a license shall file with the chief of police, on a form issued
by the chief, a written application signed under the penalties of
perjury, no less than seven working days prior to the issuance of
said license, containing the following information:
(2) Address of applicant (local and permanent address).
(3) Applicant's height, weight, eye and hair color.
(4) Applicant's social security number and date of birth.
(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) Two photographs of the applicant, which pictures 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.
Photos may be taken by the police department.
(9) If operating a motor vehicle, the year, make, color, model, VIN,
registration number, registered state, vehicle owner and address.
(10) The applicant's fingerprints.
(e) At the time of filing the application, a fee of $25.00 shall be paid to the town. In the case of a group application, in addition to the $25.00 fee, each member of the group shall comply with the procedures set forth in subsection
(d) of this section and pay a fee of $12.00 each to the town.
(f) Upon
the receipt of the application, the chief of police shall investigate
the applicant's reputation as to morals and integrity, and shall approve
or disapprove the application and notify the applicant of this decision.
In the event that the application is approved, a license shall be
issued. Any applicant shall have the right of appeal to the board
of selectmen if their application is disapproved.
(g) No
license shall be transferred. Each license issued under the provisions
of this section shall continue in force for the length of time requested,
but not to exceed one year from the date of its issuance unless sooner
revoked. Solicitors and canvassers when engaged in the business of
soliciting or canvassing are required to display an identifying badge
issued by the chief of police on a form as described within.
(h) The
chief of police is hereby vested with jurisdiction over the revocation
of licenses, which he may exercise for just cause. The chief of police
shall also determine the hours of solicitations and canvassing. Any
person whose license has been revoked shall have the right of appeal
to the board of selectmen.
(i) An
applicant requesting a renewal of a license must apply in person for
such license renewal and provide such material as required by the
chief of police. The chief of police shall keep a record of all licenses
issued for a period of six years. Should a license be revoked or should
there be multiple complaints against the licensee, such information
shall be transmitted by the chief of police to recognized consumer
protection agencies.
(j) The
police officers of the town shall enforce this section. Any person
violating any provision of this section shall, upon conviction thereof,
be punished by a fine of $50.00 for each and every offense.