As used in this chapter:
"Applicant"
means and includes each person who is expected to carry on the business of peddler or solicitor within the city, whether as owner, agent or employee of the business which will furnish the goods or services being peddled or the orders for which are being solicited.
"Nonprofit organization"
means an institution, corporation, organization or association organized or conducted for nonprofit purposes only, where the receipts derived from peddling or soliciting activities are to be used wholly for the benefit of such entity and, except for wages paid to employees of such entity, are not used in whole or in part for the private gain of any person. Within the meaning of this chapter, solicitors and peddlers who are paid for such services by a nonprofit organization are not employees of the nonprofit organization.
"Peddler"
means a hawker, vendor or other person who, without appointment thereat, goes from house to house, place to place or in or along the streets of the city selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise or anything of value in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities.
"Person"
means a domestic or foreign corporation, an association, a syndicate, a joint stock corporation, a partnership of any kind, a club, a Massachusetts, business or common law trust, a society, or an individual.
"Solicitor"
means a person engaged in soliciting, canvassing, or taking orders from house to house or from place to place or by telephone or by any other means of communication for any goods, wares, merchandise, or any article to be delivered in the future or for services to be performed in the future or making, manufacturing or repairing any article whatsoever for future delivery or subscriptions to periodicals or tickets of admission or entertainments or memberships in any club.
(Ord. 134 § 1.1, 1987)
It is unlawful for any person, on her or his own behalf, or as an agent or employee of any other person, to act as, or carry on the business of, a peddler or solicitor at any place or places within the city, unless and until a permit so to do has been issued by the business license officer of the city and is in full force and effect, and is carried on the person of the permittee while engaged in such activity, and, when the holder thereof is engaged in the business of peddling or soliciting within the city, shall be displayed to a police officer of the city upon the request of such officer.
(Ord. 134 § 1.1, 1987)
A. 
Applications for permits to commence, manage, engage in, maintain, conduct or carry on the business of peddler or solicitor shall be filed with the business license officer on a form approved by the finance director. Such application shall demonstrate that the applicant possesses or has applied for and not been denied a current business license pursuant to Chapter 5.02 of this code and, in addition, such application shall provide the following information:
1. 
Name—Description. Name and description of applicant;
2. 
Address. Permanent home address and full business address of applicant;
3. 
Kind of Business. A brief description of the nature of the business and the goods or services to be sold or provided;
4. 
Employer—Credentials. If employed by another person to carry on the business of peddler or solicitor within the city, the name and address of the employer, together with credentials establishing the exact relationship;
5. 
Duration of Permit. The length of time for which the right to do business is desired;
6. 
Source of Stock. The place where the goods or property proposed to be sold or orders taken for the sale thereof, are manufactured or produced, where the goods or products are located at the time the application is filed, and the proposed method of delivery;
7. 
Photographs. Two color photographs of the applicant, taken within 60 days immediately prior to the date of filing the application.
Kind of Photograph. The required photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
8. 
Fingerprints. The fingerprints of the applicant;
9. 
Criminal Record. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten years, and the nature of each such offense and the punishment or penalty assessed therefor.
10. 
Proof of Bonding. Proof that the applicant has obtained such bonding or other surety as may be required by state or local law for the business which will be the subject of the permit which has been applied for.
B. 
Upon receipt of a completed application, together with the fee required by Section 5.10.040 of this chapter, the business license officer shall forward a copy of the application to the police chief with a request that an investigation be made of the applicant's character pursuant to Section 5.10.050 of this chapter. In the case of a nonprofit organization, the business license officer may determine that such a referral and request is unnecessary.
C. 
The business license officer shall also forward a copy of the application to such other city officers and departments as may be appropriate, requesting that such officer or department review and comment upon the application.
(Ord. 134 § 1.1, 1987)
A. 
At the time of filing the application for a peddler's or solicitor's permit, the applicant shall, in order to qualify the application for filing, pay a fee in such amount as may have been prescribed by resolution of the city council, to defray the expense of investigation and processing.
B. 
Every nonprofit organization is subject to the requirement that it shall not engage in the business of peddling or soliciting within the city unless such organization obtains a permit therefor pursuant to this chapter; provided, however, that the organization shall not be charged a fee for such permit. Only one permit need be obtained by a nonprofit organization and a true copy thereof shall be carried by each person who claims to be acting pursuant to such permit.
(Ord. 134 § 1.1, 1987)
A. 
Upon receipt of a copy of the application, the police chief shall cause such investigation of applicant's character to be made as the police chief deems necessary for the protection of the public good.
B. 
The police chief shall cause the investigation to be commenced promptly and to be completed within a reasonable time and, upon completion, shall forward the results thereof to the business license officer.
(Ord. 134 § 1.1, 1987)
If, as a result of the investigation, applicant's character or business responsibility is found to be unsatisfactory, the business license officer shall deny the application and shall endorse the disapproval and the reasons therefor on the application, and shall notify the applicant that the application is disapproved and that no permit will be issued. Within the meaning of this section, the business license officer may find the applicant's character to be unsatisfactory if the business license officer has reasonable cause to believe that the applicant has been convicted of a crime involving moral turpitude, or that the applicant has been convicted of violating this chapter or similar enactments of other jurisdictions. The business license officer may deny an application for nonprofit organization status upon a finding that the applicant fails, in a material way, to satisfy the definition of nonprofit organization set forth in Section 5.10.010(A) of this chapter. An applicant for nonprofit organization status bears the burden of establishing that it is entitled thereto.
(Ord. 134 § 1.1, 1987)
If as a result of investigation, the character and business responsibility of applicant have not been found to be unsatisfactory, the business license officer shall approve the application and issue a permit to applicant for carrying on the business applied for, and deliver the permit to applicant. Permits and renewals thereof issued pursuant to this chapter shall be valid for one year from the date of issuance or for such shorter period as may be requested by the applicant, and, after the expiration of such period, shall be null and void unless renewed pursuant to Section 5.10.100 of this chapter.
(Ord. 134 § 1.1, 1987)
To each such permit issued there shall be attached a photograph of the permittee, the photographs to be identical with those filed by the permittee with the application pursuant to Section 5.10.030.
(Ord. 134 § 1.1, 1987)
Permits and renewals thereof issued pursuant to this chapter may be renewed. Applications for renewal shall be made on forms approved by the finance director and shall be filed with the business license officer together with the fee therefor as established by resolution of the city council. applications for renewal shall be filed at least 30 days prior to the expiration date of the permit. applications for renewal shall be approved or denied on the same grounds for approval or denial of an original application for a permit.
(Ord. 134 § 1.1, 1987)
No person shall, for the purpose of carrying on the business of a peddler or solicitor, enter upon, ring the entrance bell of, or knock on the door of, or attempt to gain admittance to, any residence, office or business whereon a sign bearing the words "No Peddlers," or "No Solicitors," or words to similar effect is painted, posted, affixed or otherwise exposed to public view.
(Ord. 134 § 1.1, 1987)
Persons obtaining a permit under this chapter shall not be relieved from the payment of any fees or the obtaining of any other license or permit required to exercise the privilege of carrying on any similar or related activity required under any other ordinance of the city or other applicable law and shall remain subject to the regulatory provisions of such other ordinances and laws.
(Ord. 134 § 1.1, 1987)
The carrying on of any peddler or solicitor business without complying with the requirements of this chapter is a separate violation of this code for each and every day that such business is so carried on.
(Ord. 134 § 1.1, 1987)
All remedies and enforcement measures provided to the city by this chapter shall be cumulative, and the use of one or more such remedies by the city or its duly authorized officers shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
(Ord. 134 § 1.1, 1987)