For the purpose of this article, the following
words as used herein shall be considered to have the meanings herein
ascribed thereto:
LICENSE
The photo identification card issued to the licensee.
PERSON
Any individual, firm, copartnership, corporation, company,
association or joint-stock association, society, organization or league
and includes any trustee, receiver, assignee, agent or other similar
representative thereof, except as otherwise excluded by this article.
PREMISES
A building or portion of a building used for residential
purposes, including the real estate upon which any such building is
located, provided that the predominant use of the real estate is for
residential purposes.
SOLICIT or SOLICITATION
Includes any one or more of the following activities:
A.
Seeking to sell or to obtain orders for the
purchase of goods, wares, merchandise, foodstuffs, services of any
kind, character or description whatever.
B.
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type or kind of publication.
C.
Seeking to obtain gifts or contributions of
money, clothing or any other valuable item for the support or benefit
of any charitable or nonprofit association, organization, corporation,
group or project except as otherwise excluded by this article.
D.
Seeking to distribute literature except as otherwise exempted in §
468-27.
The applicant shall permit the Police Department
of the City of Marlborough to photograph said applicant for identification
purposes.
The photo identification card shall be nontransferable
and shall entitle the licensee for the period indicated therein and
for the purposes specified therein to solicit in the City of Marlborough,
provided that the licensee shall have in his/her possession at all
times while soliciting and shall further conspicuously display the
photo identification card.
If while the application is pending or during
the term of any license granted thereon there is a change in fact,
policy or method that would alter the information given in the application,
the applicant or licensee, as the case may be, shall notify the Police
Department in writing within 24 hours of such change.
Said license does not constitute an endorsement
by the City of Marlborough nor by any of its departments or officers
of the purpose or of the person conducting the solicitation.
No person shall engage in solicitation upon
any premises without a prior invitation from the occupant thereof
if such premises is posted against such solicitation by means of a
notice prominently displayed upon which is printed the legend "no
solicitors" or words of similar import. For the purposes of this section,
the premises shall be deemed posted against solicitation if there
is exhibited, on or near the main entrance to the premises or on or
near the main door to any residence located thereon, a sign at least
three inches by four inches in size which bears the above legend in
letters at least 1/3 inch in length.
The practice of any individual or group going
in and upon private residences in the City, not having been requested
or invited to do so by the owner(s) or occupants of said private residences,
for the purposes of soliciting after the owner has requested the individual
to depart from the premises, either orally or in writing, is declared
to constitute a nuisance under this article.
Any license issued under the provisions of this
article may be revoked by the Chief of Police of the City of Marlborough
after notice and hearing for any of the following causes:
A. Fraud, misrepresentation or false statement contained
in the application for license;
B. Fraud, misrepresentation or false statement made in
the course of carrying on his/her business as solicitor;
C. Any violation of this article;
D. Conviction of any crime or misdemeanor involving moral
turpitude; or
E. Conducting the business of soliciting in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing.
Any person aggrieved by the action of the Chief
of Police in the revocation of a license shall have the right of appeal
to the full Council of the City of Marlborough. Such appeal shall
be taken by filing with the City Council, within 14 days after notice
of the action complained of has been mailed to such person's last
known address, a written statement setting forth fully the grounds
for the appeal. The City Council shall set a time and place for a
hearing on such appeal, and prior to that time, notice of the revocation
and the right to a hearing shall be given to the licensee in writing.
The decision and order of the City Council on such an appeal shall
be final and conclusive.