As used in this article, the following words and phrases shall
have the meanings ascribed to them in this section:
means any exhibition and sale of goods, wares or merchandise
which is carried on in any tent, booth, building or other structure,
unless such place is open for business during usual business hours
for a period of at least twelve consecutive months.
means any person who engages in a "temporary or transient
business" selling goods, wares or merchandise, either in one locality
or in traveling from place to place.
(C.O. 20-370, § 1, 6/14/2021)
A.
Every
transient vendor, before making any sale of goods, wares or merchandise
in the city, shall apply to the city council for a license and shall
accompany such application with a license fee of five hundred dollars
as listed in Table I - Fee Schedule. Such application shall be filed
with the city clerk.
B.
No license
shall be granted under this section until the applicant has complied
with the provisions of Chapter 101, Section 3 of the General Laws
and has exhibited to the city clerk a license issued by the director
of standards of the commonwealth.
C.
If,
after review of said application, it appears that the applicant is
a person of good repute as to morals and integrity and he or she is
a person of responsibility and business acumen, the city council may
authorize the city clerk to issue a city license to the applicant.
Upon order of the city council and proof of payment of all license
fees the city clerk shall issue the city license endorsed upon the
state license "local license fees paid" and shall affix thereto his
or her official signature and date of such endorsement.
(C.O. 20-370, § 1, 6/14/2021)
The city transient vendor license shall remain in force so long
as the licensee shall continuously keep and expose for sale such stock
of goods, wares and merchandise but not later than the first day of
January following its date.
(C.O. 20-370, § 1, 6/14/2021)
The city council may, under such conditions as they may deem
proper, grant to any organization engaged in charitable work or to
a post of any incorporated organization of veterans who served in
the military or naval service of the United States in time of war
or insurrection a special license authorizing it, for a particular
time period to be stated in such license, and for a charitable purpose
stated in such license, to conduct under their control a temporary
or transient business, provided that no person under sixteen years
of age shall be accredited as an agent of the license holder. The
exercise of the license hereby provided for shall be subject to the
provisions of all statutes, ordinances, rules and regulations not
inconsistent herewith.
(C.O. 20-370, § 1, 6/14/2021)
Every transient vendor shall exhibit his or her state and city
licenses when the same are demanded of him or her by a councillor
or sealer or deputy sealer of weights and measures or member of the
police department of the city.
(C.O. 20-370, § 1, 6/14/2021)
Should a license be issued pursuant to this article, the licensee
shall be responsible for obtaining and maintaining any and all other
relevant licenses, permits and seals, including, but not limited to,
health department and fire department permits, and seals from the
sealer of weights and measures.
(C.O. 20-370, § 1, 6/14/2021)
Any transient vendor license granted by the city council may
be revoked by the city council for good cause after reasonable notice
to the licensee and a hearing upon the grounds for revocation.
(C.O. 20-370, § 1, 6/14/2021)
No transient vendor shall sell goods, wares or merchandise in
the city unless such transient vendor has posted a bond with, or has
provided a certificate of liability insurance naming the city as an
"additional insured" to, the city clerk in the amount of five thousand
dollars, and has signed an agreement providing for indemnification
of the city against any loss which may arise by way of any suit, action
or proceeding against the city as a result of any act or failure to
act on the part of such transient vendor while operating within the
territorial limits of the city. This indemnification agreement shall
be in a form approved by the city solicitor.
(C.O. 20-370, § 1, 6/14/2021)
No person under eighteen years of age shall receive a license
as a transient vendor.
(C.O. 20-370, § 1, 6/14/2021)
The terms of every transient vendor license issued pursuant
to this article shall be subject to such further restrictions and
regulations as the city council shall impose.
(C.O. 20-370, § 1, 6/14/2021)
Any transient vendor who violates any provision of this chapter shall be punishable in accordance with the provisions of Chapter 1.16 of the Revised Ordinances of the city of Revere by a fine of three hundred dollars, or be subject to arrest as provided for by Chapter 101, Section 32 of the General Laws.
(C.O. 20-370, § 1, 6/14/2021)
Nothing in this article shall be construed as conflicting with
any license duly issued under the laws of the commonwealth.
(C.O. 20-370, § 1, 6/14/2021)
