[Adopted 12-1-1981 by Doc. 212 (Ch. 191, Art. IV, of the 1980 Code)]
[1]
Editor’s Note: The title of this article was changed
from "Transient Vendors and Peddlers and Hawkers of Seasonal Products"
to "Peddlers and Hawkers, Transient Vendors and Fixed Location Vendors"
4-24-2012 by Doc. 51.
[Amended 11-9-1982 by Doc. 193; 12-7-2004 by Doc. 155]
The following words shall for the purposes of
this article have the following meanings, unless the context requires
otherwise:
Any person who, for himself or for another person, engages
in the sale of goods, wares, merchandise, food or beverages at a fixed
location which is carried on in any fixed or mobile cart, wagon or
tables.
[Amended 10-5-2010 by Doc. 104]
Any person who, for himself or for another person, travels
by foot, automobile or any other type of conveyance from place to
place, from house to house, or from street to street, taking or attempting
to lease or take orders for retail sale of goods, wares, merchandise,
or services. This shall include persons engaged in door-to-door sale
for future delivery as defined by MGL c. 101, § 34.
[Amended 3-21-2006 by Doc. 39; 3-10-2015 by Doc. 31; 4-28-2015 by Doc. 53]
Christmas trees, wreaths, baskets, blooming plants and cut
flowers.
Any person who, for himself or for another person, who engages
in a temporary or transient business in the commonwealth selling goods,
wares or merchandise, either in one locality or in traveling from
place to place. Temporary or transient business shall mean 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
12 consecutive months.
[Amended 11-9-1982 by Doc. 193; 11-14-1989 by Doc. 193-B; 7-13-1993 by Doc. 87; 6-28-1994 by Doc. 99; 2-4-1997 by Doc. 23; 4-20-1999 by Doc. 64; 7-23-2002 by Doc. 116; 6-8-2004 by Doc. 84; 12-7-2004 by Doc. 155]
It shall be unlawful for any person, firm or
corporation to engage in the business of hawker/peddler without first
having secured a state license or a license from the City. It shall
be unlawful for any person, firm or corporation to engage in the business
of transient vendor without first having secured a state license and
a license from the City. It shall be unlawful for any person, firm
or corporation to engage in the business of fixed location vendor
without first having secured a license from the City.
A.
Application. Applications for permission to use City
property or to sell on City streets, sidewalks, public ways or in
any public space shall be made to the City Clerk and shall be subject
to the approval of the City Council. Applications shall state thereon
the kind of merchandise to be sold, the proposed location of the business,
the dates and times of operation and the permanent address and telephone
number of the vendor.
B.
Fee. The fee for a hawker/peddler license shall be
$62, unless the applicant has a state license in which case there
shall be no fee. The fee for a transient vendor or a fixed location
vendor shall be $100 for a period of less than 30 days or $300 for
a period exceeding 30 days.
C.
Prior approvals. Before such a permit is issued, approval
shall be obtained from the Chief of Police (registration and traffic
safety, etc.); Building Inspector (signs, zoning, regulations, etc.);
Wiring Inspector (lights, etc.); Recreation Director (use of Riverside
Park and area in front of or on the side of Haverhill Stadium); Fire
Inspector; and Health Department (food or beverage sales).
D.
Hours of operation. No sales activity shall be allowed
before 9:00 a.m. and after 9:00 p.m. without the prior permission
of the City Council.
E.
The sale of silly string or similar type goods or
snap caps and stink bombs or similar explosives or any facsimile cigarettes
during a parade or public event in the City of Haverhill is prohibited.
F.
A permit to sell may only be used by the person whose
name appears on the City license, unless an employee is working under
a licensed vendor and obtains a separate employee license. The fee
for such an employee license shall be $25, and the employee license
shall run with the term of the licensed vendor.
[Amended 10-5-2010 by Doc. 104]
G.
No transient vendor or fixed location vendor license shall be issued without the applicant indemnifying the City of Haverhill from any and all claims arising out of the maintenance of such a location and by placing on file a sidewalk obstruction bond in the amount of $5,000 as set forth in § 222-46 of this Code.
H.
All permits issued under this section may be effective for up to one year, commencing on January 1 and with an expiration date of December 31 of the year in which the permit is granted. Any license which is not renewed for the upcoming year by December 1 of the prior year may be subject to reassignment in accordance with the provisions of § 191-11B.
[Amended 10-5-2010 by Doc. 104]
I.
Any person, firm or corporation engaging in the business
of hawker/peddler within the City of Haverhill who is operating on
the basis of a state license solely shall register with the Chief
of Police at least 24 hours prior to conducting business and shall
provide the kind of merchandise to be sold, the proposed areas and
locations in which they will engage in their business, the dates and
times of operation, the permanent address and telephone number of
the vendor, and a copy of a valid state hawker/peddler license.
J.
Door-to-door sales.
[Added 3-21-2006 by Doc. 39; amended 4-24-2012 by Doc. 51; 3-10-2015 by Doc. 31; 4-28-2015 by Doc. 53]
(1)
Any person, firm or corporation engaging in the business of door-to-door
sales for future delivery shall comply with all provisions of M.G.L.
c. 101, § 34. The Chief of Police shall be the designated
official for the registration required by M.G.L. c. 101, § 34.
The Chief of Police may make reasonable rules and regulations for
such registrations and persons engaged in the business of door-to-door
sales consistent with M.G.L. c. 101, § 34. A registration
fee of $100 shall be paid to the Police Department for each person
so registered.
(2)
Signs prohibiting solicitation; trespass.
(a)
It shall be unlawful for any salesperson to enter the premises
or remain on property displaying a "No Trespassing" or "No Solicitation"
sign.
(b)
It shall be unlawful for any salesperson to ignore a no-solicitation
directive or remain on private property after a resident or resident's
representative has indicated that the salesperson is not welcome.
(3)
Do Not Knock Registry.
(a)
The Police Department shall prepare a list of addresses of those
premises where the owner and/or occupant has notified the Chief of
Police, or his designee, that a door-to-door salesperson, hawker,
peddler or any other person, including corporate or business entities,
wishing to sell wares or services in all districts, in locations which
are not stationary, are not permitted on the premises (hereinafter
referred to as the "Do Not Knock Registry"). Notification shall be
by completion of a form available at the Police Department.
(b)
The Chief of Police or designee shall distribute the current
Do Not Knock Registry to a person or entity licensed under this section
at the time of issuance of the license. The licensee shall not peddle,
canvass, or conduct door-to-door sales at any premises identified
on the then current Do Not Knock Registry.
(4)
Exemptions. The above provisions shall not apply to any person who
goes door to door for the purpose of advocating any religious, political,
social or other position or belief protected by the federal or state
constitution, the sale or delivery of newspapers, any corporation
organized for charitable purposes, such as schools or the Boy/Girl
Scouts, and candidates for public office.
[Added 7-13-1993 by Doc. 87; 4-20-1999 by Doc. 64; 4-8-2003 by Doc. 58; 6-8-2004 by Doc. 84; 12-7-2004 by Doc. 155]
It shall be unlawful for any person, firm or corporation to engage in the business of transient vendor or fixed location vendor for the sale of seasonal products without first having secured a City license pursuant to the requirements of § 191-9. The fee for a license to sell seasonal products shall be $200.
[Added 7-13-1993 by Doc. 87; amended 5-16-1995 by Doc. 88; 4-20-1999 by Doc. 64; 11-9-2004 by Doc. 146; 12-7-2004 by Doc. 155]
A.
Permitted locations. Selling within the City of Haverhill of products licensed under § 191-9 by fixed-location vendors shall only be permitted within the boundaries of these areas:
[Amended 10-5-2010 by Doc. 104; 3-22-2011 by Doc. 29]
(1)
Winnekenni area, Route 110: one vendor.
(2)
Bradford Common: one vendor.*
(3)
Riverside Park: one vendor.
(4)
Washington Square: one vendor.
(5)
GAR Park: one vendor.
(6)
Swasey Park: one vendor.
(7)
Outside Haverhill Stadium at Lincoln and Nettleton
Avenues: one vendor.
(8)
Other areas as approved by the City Council.
|
* An enclosed cart 8.5 x 12 feet, excluding hitch, is allowed
at the Bradford site only. Any party desiring a similar type of cart
at any other location must petition the City Council for permission
|
B.
Vacated locations. Persons who wish to be considered
for a permit for one of the above locations, when vacated, may notify
the City Clerk, who shall maintain a waiting list, including the person's
name, address and a date of receipt. Interested parties shall be notified
when a location is vacated and shall have 30 days to apply for issuance
of a permit. If more than one person applies for a particular site,
preference shall be given to the earliest qualified applicant, as
determined by the City Council. If no person has applied for a permit
within 30 days or if there are no persons on the waiting list, the
location shall be granted to the earliest qualified applicant, if
the City Council so determines. The waiting list must be renewed every
two years, with those applicants on the list to be notified by the
City Clerk by regular U.S. mail to renew the application by November
1. Persons may be permitted for more than one location if allowed
by the City Council. Any person with a valid permit who fails to operate
his/her location for a period of less than four days per calendar
week, Sunday through Saturday, weather permitting, from Memorial Day
through Labor Day, may have said permit be subject to revocation by
the City Council, after notice and hearing.
[Amended 10-5-2010 by Doc. 104; 3-22-2011 by Doc. 29]
[Amended 7-13-1993 by Doc. 87; 4-20-1999 by Doc. 64; 12-7-2004 by Doc. 155]
A.
Fixed location vendors shall also be permitted to
operate during special events, provided that a notification of intent
to operate during the special event is filed with the event director
or committee at least 30 days prior to said special event and the
event director or committee approves the specific location. The event
director or committee shall not unreasonably withhold approval for
operation during a special event; however, the event director or committee
shall have exclusive jurisdiction over the assigned specific location
at which any person(s) may operate.[1]
[1]
Editor's Note: Former Subsection B, regarding
waiving the fee for "sponsor vendors," which immediately followed,
was repealed 7-11-2017 by Doc. 82. Original § 191-7.4, Street
vending during the Great Race on June 13, 1998, added 5-26-1998 by
Doc. 83, which followed this section, was repealed 6-8-2004 by Doc.
84 and 12-7-2004 by Doc. 155.
[Amended 7-13-1993 by Doc. 87]
A.
Fraud. Any licensed transient vendor or peddler or
hawker who shall be guilty of any fraud, cheating or misrepresentation,
whether through himself or through an employee, while acting in the
City, or who shall barter, sell or peddle any goods or merchandise
or wares other than those specified in his application for a license
or who shall fail to comply with the conditions and restrictions contained
herein shall be deemed guilty of a violation of this article.
B.
Penalty. Any person, firm or corporation violating
any provision of this article shall be fined not less than $50 nor
more than $250 for each offense, and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
