6-101.1. 
Application of Section. It shall be unlawful for any solicitor or canvasser as defined in this By-law to engage in such business within the Town of Southbridge without first obtaining a license therefore in compliance with the provisions of this By-law. The provisions of this By-law shall not apply to any person engaged in the pursuit of soliciting for charitable, benevolent, fraternal, religious or political activities, or for any other noncommercial purposes, nor to any person exempted by any other General Law, nor shall this By-law be construed to prevent persons having established customers to whom they make periodic deliveries from calling upon such prospective customers to solicit an order for future periodic deliveries.
6-101.2. 
Definitions. 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 take orders for the sale or lease of goods, wares, merchandise or services, or taking or attempting to take contributions for any purpose including without limiting, 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 of such sale, whether or not he is collecting advance payment on such retail sales.
6-101.3. 
Licensing Applications. Applicants for a license shall file with the chief of police on a form issued by him, a written application signed under the penalties of perjury, containing the following information:
(a) 
Name of applicant.
(b) 
Address of applicant (local and permanent address).
(c) 
Applicant’s height, eye and hair color.
(d) 
Applicant’s Social Security number.
(e) 
The length of time for which the right to do business is desired.
(f) 
A brief description of the nature of the business and the goods to be sold.
(g) 
The name and home office address of the applicant’s employer. If selfemployed, it shall so state.
(h) 
A photograph of the applicant, which picture shall be submitted by the applicant and be 2" x 2" showing the head and shoulders of the applicant in a clear and distinguishing manner.
(i) 
A statement as to whether or not the applicant has been convicted of any crime or misdemeanor within ten years of the date of application, except violations of the motor vehicle law, and nature of the offense.
(j) 
If operating a motor vehicle: the year, make, color, model, license plate number, registration number, state of registration, vehicle’s owner and address.
(k) 
At the time of filing the application, each applicant shall the necessary fee to the Town of Southbridge. See current fee schedule for fee amount
6-101.4. 
Procedure for Processing Applications. Upon receipt of the application, the chief of police shall investigate the applicant’s reputation as to morals and integrity.
After an investigation of the applicant’s morals and integrity, the chief of police shall, not later than fourteen days from the submission of a completed application, approve or disapprove the application and notify the applicant of his decision. In the event that the application is approved, a license shall be issued. Any applicant shall have the right to appeal to the town manager. 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.
6-101.5. 
Form of License. Such license, when issued, shall contain the signature of the issuing officer and shall show the name, address and photograph of said licensee, the date of issuance and the length of time the same shall be operative, as well as the license number. The chief of police shall keep a record of all licenses issued for a period of 6 years. Solicitors and canvassers shall be issued an identifying badge. See current fee schedule for Deposit Fee amount for each badge. This deposit will be refunded upon return of the badge to the chief of police. Each licensee is required to possess an individual license and badge.
6-101.6. 
Enforcement. The police officers of the Town of Southbridge shall enforce this By-law. No license shall be transferred.
The chief of police may revoke or suspend a license issued under this section as set forth in Section 6-101.10.
Each license issued under the provisions of this By-law shall continue in force for 6 months from the date of its issue, or for such lesser period of time as may be set forth in such license, unless sooner revoked.
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.
6-101.7. 
Hours of Operation. It shall be unlawful for any person to peddle or solicit before the hour of 8:00 A.M. of any day, or after the hour of 8:00 P.M. of any day except by appointment. (Article XIV, § 2)
6-101.8. 
Conduct Prohibited. It shall be unlawful for any peddler or solicitor or any person pretending to be a peddler or solicitor for the purpose of peddling or soliciting or pretending to peddle or solicit to ring a bell or knock at any building whereon there is painted, affixed or otherwise displayed to public view any sign containing any or all of the following words, to wit: "NO PEDDLERS", "NO SOLICITORS" or "NO AGENTS" or which purports to prohibit peddling or soliciting on the premises. (Article XIV, § 3)
It shall be unlawful for any peddler or solicitor to represent by words, writing or action that he is some other peddler or solicitor, that he is a partner, employee or agent of any peddler or solicitor when in fact he is not the partner, agent or employee of such peddler or solicitor, or that he is the employee, representative, agent or partner of any person, when in fact he is not the employee, representative, agent or partner of such person. (Article XIV, § 4)
6-101.9. 
Exceptions. The provisions of this By-law shall not apply to salesmen or agents for wholesale houses, or firms who solicit orders from or sell to, retail dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies or to any person engaged in solicitation for charitable, religious, fraternal, service and civic, or other non-commercial purposes. (Article XIV, § 5)
6-101.10. 
Revocation of Licenses/Permits. Permits issued pursuant to this By-law may be revoked by the chief of police of the Town of Southbridge, after notice and hearing for any of the following causes:
(a) 
Fraud, misrepresentation or any false statements made to the police department in furnishing the information required in Section 1 of this By-law.
(b) 
Any violation of this By-law.
(c) 
Conviction of the permit holder of any felony or crime involving morals, embezzlement and crimes of this nature.
(d) 
Conducting the soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to be a menace to the health, safety or general welfare of the people of the Town of Southbridge.
Notice of this hearing for revocation of a permit shall be given in writing stating the grounds of the complaint and the time and the place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at the address given on the registration, at least 5 days prior to the date set for the hearing.
Any person aggrieved by the decision of the chief of police shall have the right of appeal to the Town Council of the Town of Southbridge. Such appeal shall be taken by filing with the town clerk a written statement of the grounds for the appeal within 14 days after notice of decision by the chief of police has been given.
The town council shall set the time and place for hearing such appeal, and notice of such time and place shall be given by the town clerk in the manner herein above provided for hearing of notice of revocation by the chief of police. (Article XIV, § 6)
Notwithstanding the provisions of this section, the chief of police may suspend a license issued under Section 6-101 should the public safety so require. Notice of such suspension shall immediately be provided to the licensee. Notice of a revocation hearing shall thereafter be provided forthwith in accordance with this section.
6-101.11. 
Penalties for Violations. Every person violating any provision of this Bylaw is guilty of a misdemeanor and shall be punished by a fine. Every violator of any provision of this By-law shall be guilty of a separate offense for every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every separate offense. This by-law may be enforced through non-criminal disposition in accordance with G.L. c.40, §21D and Section 1-111 of the By-laws, and for such purposes, Schedule of Penalties A through C shall be applicable. (Article XIV, § 7)
6-102.1. 
License Required. No person shall carry on the business of a keeper of a shop or yard for the purchase, sale or barter of junk, old metals or second hand articles in the Town of Southbridge, unless he is duly licensed therefore by the town manager and in accordance with this section and any rules and regulations established by the town manager.
6-102.2. 
In General.
(a) 
No person who is not himself the holder of a license issued under this section shall carry on the business of an act as an agent or intermediary of a person licensed to carry on a business pursuant to that By-law.
(b) 
All persons licensed under this section shall maintain books of record in which shall be accurately recorded the following information:
(1) 
The name, address, date of birth and driver’s license number, if any, and signature of any person from whom an article is purchased or otherwise acquired in the course of business.
(2) 
A description of the item purchased, or acquired, including the serial or other identifying number, if any.
(3) 
The date of acquisition of such item, and the price or other consideration paid for the item.
(4) 
The date of sale or other disposal of such item, and the name, address, date of birth and license number, if any, of the person acquiring the item from the licensed person.
6-102.3. 
Permanent Record to Be Kept.
(a) 
Jewelry, diamonds, precious or semi-precious stones or gems; precious or semiprecious metals; watches and figurines shall be photographed or photocopied in reasonable detail. Said photograph shall accurately and clearly represent the article.
(b) 
With respect to secondhand articles, one clear copy of each transaction record and photograph (if applicable) shall be electronically delivered to the Southbridge Police Department no later than 12:00 Noon the following business day.
(c) 
All transaction records shall be open to inspection by the Chief of Police or any officer or person duly authorized by the Chief, or any other person authorized under law.
6-102.4. 
Public Inspection of Premises and Documents. Any licensed premises, and the account books required by these rules shall be open to the inspection of the town manager, the police chief, or the designee of either, during reasonable business hours, upon written request.
6-102.5. 
Enforcement. Violations of this By-law, and any regulations promulgated by the Town Manager hereunder, shall be enforceable through non-criminal disposition pursuant to G.L. c.40, §21D and Section 1-111 of the By-laws, and for such purposes, Schedule of Penalties A through C shall be applicable.
6-102.6. 
Holding Period Before Sale.
(a) 
No secondhand article shall be sold, encumbered by sales contract, or otherwise disposed of, or altered in its appearance, within thirty (30) days of purchase unless the dealer is granted permission, in writing, from the Chief of Police or his designee, but in any case, not within forty-eight (48) hours from the time of purchase. With respect to any secondhand article for which permission is granted by the Chief of Police pursuant to this subparagraph, the person buying or otherwise receiving said article shall complete a transaction record upon a form approved by the Town Manager which provides the information required pursuant to Section 6-102.2(b) above as applicable to a person buying or receiving a secondhand article.
(b) 
All items purchased shall remain on the premises during the waiting period; items shall not be placed on the sales floor until the waiting period has expired, unless the item is clearly marked with the corresponding transaction number and the sales release date based on the time frame as specified in subparagraph (a) above.
(c) 
The following are exempt from the holding period required of this Section: Auction purchases, estate purchases from an executor or administrator where the purchase is accompanies by written proof of said position.
6-102.7. 
Notification to Police Regarding Possible Stolen Property. Secondhand articles, junk and old metal dealers shall immediately notify the Southbridge Police Department upon receiving an article which is questionable as to its status of being stolen or not, and shall make such article available for identification by an officer of the Police Department.
6-102.8. 
Receipt of Articles from a Minor. No secondhand, junk or old metal dealer or any employee or agent of such a dealer shall directly or indirectly purchase or receive by way of barter or exchange any secondhand articles, junk or old metals from a minor.
6-102.9. 
Examination and Removal of Articles.
(a) 
Any shop described or governed by Chapter 6-100 and in all secondhand goods, old metals and/ or junk therein may at all times be examined by a person authorized in writing by the Chief of Police to make such examination.
(b) 
If the Southbridge Police Department determines that a secondhand good, old metal or junk article is needed for evidence in a criminal investigation, a Southbridge Police Officer may seize that evidence, subject to applicable criminal procedures, if any. The secondhand dealer, old metal dealer or junk dealer shall be issued a receipt for the article.
(c) 
The Southbridge Police Department may keep seized articles, subject to the court’s direction, if any, as long as necessary to permit the article to be used as evidence and for such reasonable time thereafter as needed to best determine, if possible, the person(s) lawfully entitled to said property.
6-102.10. 
Enforcement and Penalties. The provisions of this section may be enforced by any police officer of the Town of Southbridge, by any means available including, but not limited to, disposition pursuant to MGL Chapter 40, Sections 21 and 21D.
Each day a violation continues shall be a separate violation/ offense subject to another fine. The enforcement of this Bylaw by non-criminal disposition as described herein shall be added to the list of Bylaws so enforced and designated in these Bylaws.
(a) 
First offense within a 24-month period – $50.00
(b) 
Second offense within a 24-month period – $100.00
(c) 
Third and subsequent offenses within a 24-month period – $300.00
If any provision of this article is held invalid by any court or body of competent jurisdiction, it shall not affect the validity or application of the remainder of the article5.
The town manager may license suitable persons to carry on the business of pawnbrokers in the town, and may revoke such licenses, all as provided by MGL Chapter 140, Sections 70 to 85, and may promulgate regulations with regard thereto. Violations of such regulations shall be enforceable through non-criminal disposition pursuant to G.L. c.40, §21D and Section 1-111 of the By-laws, and for such purposes, Schedule of Penalties A through C shall be applicable.