[HISTORY: Adopted by the Town Meeting of the Town of Merrimac as Art. VIIC of the 2016 General Bylaws. Amendments noted where applicable.]
For the purpose of this bylaw, the definitions of "hawker" and "peddler" shall be the same definitions as those contained in Chapter 101 of the Massachusetts General Laws.
A. 
No person shall hawk, peddle or barter any goods or merchandise within the Town limits, except as authorized by law, without first obtaining a license to do so from the Chief of Police, upon payment of the licensing fee, said fee in conformity with MGL c. 101 and 801 CMR 4.02.
B. 
This requirement shall not apply to any hawking or peddling of newspapers, religious publications, ice, flowering plants, flowers, wild fruits, nuts and berries.
C. 
The sale by hawkers and peddlers of jewelry (valued at more than $10), furs, wines, spirituous liquors, small artificial flowers or miniature flags is prohibited.
Hawkers and peddlers who intend to carry on their business in the Town under authority of licenses granted to them under the provisions of the MGL c. 101 must appear in person before the Chief of Police of the Town at least two days, not including Saturday and Sunday, before they intend to engage in business in the Town and produce a valid driver's license and any available state licenses for the examination and authentication by said Chief of Police.
In lieu of the person appearing before the Chief of Police of the Town required under § 159-3, hawkers and peddlers may forward, by certified mail, to said Chief of Police, an authenticated copy of the licenses referred to in said § 159-3 (including driver's license), along with a photograph of themselves. This mailing must be sent at least seven days, not including Saturday and Sunday, before said hawkers and peddlers intend to engage in their business in the Town.
Hawkers and peddlers are subject to all traffic rules and regulations of the Town as well as all applicable bylaws and rules and regulations. No person licensed under this bylaw shall conduct business in such a manner as would impede foot or vehicular traffic along a public way or public street, or along a public sidewalk, access road or driveway.
This article has been enacted as a bylaw of the Town in order to aid in the preservation of peace and good order in commercial sales, and in no way is designated to discriminate in any way against any persons or group of persons. All hawkers and peddlers are subject to the same regulations which are to be applied to all in the same way, manner and fashion.
Failure to comply with this bylaw may result in suspension or revocation of licenses granted hereunder. In addition, a penalty of $20 for each offense may be assessed.