A.
The
terms "soliciting" and "canvassing" means and includes any one or
more of the following activities:
1.
Seeking
to obtain the purchase, or the orders for the purchase, of goods,
wares, merchandise, foodstuffs, services, of any kind of consideration
whatever; or
2.
Seeking
to obtain subscriptions to books, magazines, periodicals, newspapers,
and every other type or kind of publication; or
3.
Seeking
to obtain gifts or contributions of money, clothing or any other valuable
thing for the support or benefit of, or seeking to gain membership
in or volunteers for, any charitable or nonprofit association, organization,
corporation or project.
B.
The provisions of Sections 5.12.010 through 5.12.080 shall not apply to those who are operating validly as hawkers or peddlers or open air vendors, or to officers or employees of the city, county, state or federal government, or any subdivision thereof, when on official business, or to the city of Revere neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns, or in connection with fundraising activities or city of Revere senior citizen fundraising activities, or to milkpersons, bakery persons, insurance agents, laundry persons, and ice, oil and coal dealers, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers.
C.
If any
solicitor or canvasser is under the age of eighteen years and is selling
goods or periodicals for a commercial purpose, the provisions of M.G.L.
Chapter 101, Section 34 shall apply.
(C.O. 20-370, § 2, 6/14/2021)
It is unlawful for any person to solicit or canvass, for him
or herself or for another person, or organization, by foot, automobile
or any other type of conveyance, from place to place, house to house
or street to street, calling at residences without the previous consent
of the occupant, without first having registered with the chief of
police.
(C.O. 20-370, § 2, 6/14/2021)
A.
Application
for a certificate of registration shall be made upon a form provided
by the police department.
B.
An authorized
representative of the sponsoring organization shall apply to the chief
of police of his designee either personally, between the hours of
nine a.m. and two p.m. from Monday through Thursday excluding holidays,
or by mail, and truthfully state in full the information requested
on the application, to wit:
1.
Name,
address and telephone number of the sponsoring organization;
2.
State
and/or federal tax identification number or tax exempt number of the
sponsoring organization;
3.
Name,
residential address, telephone number, social security number and
date of birth of each representative of sponsoring organization who
will be soliciting or canvassing in the city;
4.
Period
of time for which the certificate is applied (i.e., the dates on which
the soliciting or canvassing will take place);
5.
Any
convictions for a violation of a felony or crimes against the person
under the laws of the commonwealth or any other state or federal law
of the United States within five years of the application, by the
sponsoring organization or any of its representatives who will be
soliciting or canvassing in the city;
6.
Signature
of authorized representative of the sponsoring organization.
C.
A photograph
or an acceptable copy of a photograph of each representative of the
sponsoring organization who will be soliciting or canvassing in the
city must be attached to the application.
D.
If the
sponsoring organization is required by M.G.L.A. Chapter 68, Section
19, to register as a charitable organization with the commonwealth,
a copy of said registration must be attached to the application.
E.
All
statements made by the application upon the application or in connection
therewith shall be under oath.
F.
No certificate
of registration shall be issued to any person who has been convicted
of the commission of a felony or crime against the person within five
years of the date of the application; nor to any person whose certificate
of registration issued hereunder has previously been revoked as provided
herein.
G.
The chief of police shall cause to be kept in his office an accurate record of every application received and acted upon together with all other information and date pertaining thereto and all certificates of registration issued under the provisions of Sections 5.12.010 through 5.12.080 and of denial of applications. Fully completed applications for certificates, shall be acted upon within three days of receipt. The original copy of the application shall be given to the applicant and a duplicate copy shall be retained on file in the office of the chief of police.
H.
When
approved, each solicitor or canvasser shall be issued a certificate
of registration and shall at all times while soliciting or canvassing
in the city carry upon his/her person the registration certificate
and the same shall be exhibited by such registrant whenever he or
she is required to do so by any police officer or by any person solicited.
The certificate of registration shall state the expiration date thereof.
I.
An administration
fee of ten dollars shall be charged for each certificate of registration
issued.
J.
Soliciting
and canvassing may be conducted Monday through Saturday between the
hours of nine a.m. and eight p.m., and Sundays between the hours of
twelve p.m. and six p.m., excluding major holidays on which retail
stores and businesses (except for local convenience stores, restaurants
and other food establishments) are closed.
(C.O. 20-370, § 2, 6/14/2021)
No solicitor or canvasser 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 person's home, office or other
establishment.
(C.O. 20-370, § 2, 6/14/2021)
It shall be the duty of every solicitor and canvasser going
onto any premises in the city to first examine whether there is a
notice stating that no solicitors are welcome; if such notice is present
then the solicitor or canvasser shall immediately and peacefully depart
from the premises.
Any solicitor or canvasser who has gained entrance to any residence,
whether invited or not, shall immediately and peacefully depart from
the premises when requested to do so by the occupant.
(C.O. 20-370, § 2, 6/14/2021)
Any certificate of registration issued hereunder shall be revoked by the chief of police if the holder of the certificate is convicted of a violation of any of the provisions of Sections 5.12.010 through 5.12.080 or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of said sections. Immediately upon such revocation, written notice thereof shall be given by the chief of police to the holder of the certificate in person or by certified United States mail addressed to his or her residence or organization address set forth in the application.
Immediately upon the giving of such notice the certificate of
registration shall become void.
(C.O. 20-370, § 2, 6/14/2021)
No person, individually or on behalf of any organization, shall
at any time, solicit donations of any kind from any operator or occupant
of a motor vehicle upon the public way.
(C.O. 20-370, § 2, 6/14/2021)
