[Adopted 10-3-1983 by Ord. No. 23316 (Ch.
169 of the 1986 Code)]
For the purpose of this article, the following
words as used herein shall be considered to have the meanings herein
ascribed thereto:
The photo identification card issued to the licensee.
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.
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.
Includes any one or more of the following activities:
Seeking to sell or to obtain orders for the
purchase of goods, wares, merchandise, foodstuffs, services of any
kind, character or description whatever.
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type or kind of publication.
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.
Seeking to distribute literature except as otherwise exempted in § 468-27.
A.
Every person who engages in door-to-door solicitation
for any purpose, except as otherwise excluded by this article, either
as a principal or agent, shall, before commencing business in the
City of Marlborough, make written application under oath for a license
to the Chief of Police.
B.
Required information.
(1)
Said application form will require the following information:
(a)
The name, permanent address and telephone number,
and temporary address, if any.
(b)
A physical description of the applicant, setting
forth the applicant's age, height, weight, color of hair and eyes.
(c)
The name, address and telephone number of the
person, firm, association or corporation that the person represents
or is employed by, or whose merchandise is being sold.
(d)
A brief description of the business he or she
wishes to conduct and of the methods to be used in furtherance of
said business.
(e)
The make, model and license number of any vehicle
to be used by the applicant in the conduct of his/her business.
(f)
A statement as to whether the applicant has
been convicted of any crime or ordinance violation related to any
prior solicitation by the applicant within the last five years, the
nature of the offense and the place of conviction.
(g)
A statement as to the period during which the
applicant intends to carry on the solicitation.
(2)
Further, the Police Chief shall not issue a license
unless the above required information has been provided by the applicant
or an explanation has been given for the applicant's inability to
provide any of the foregoing information.
C.
Applicants shall present to the Chief for examination
a driver's license or some other proof of identity as may be reasonably
required.
The applicant shall permit the Police Department
of the City of Marlborough to photograph said applicant for identification
purposes.
A.
No later than five days after filing of such application,
the Chief of Police shall issue the applicant a license in the form
of a photo identification card showing the name and address of the
licensee and authorizing him or her to solicit for the purposes described
in his or her application subject to the ordinances of the City of
Marlborough and the laws of the Commonwealth of Massachusetts.
B.
The fee for such license shall be $35, and said license
shall expire one year from the date of issue, or on the day of its
surrender or revocation, or on the filing of an affidavit of its loss
to the Police Department on a form approved by the City Solicitor.
[Amended 12-30-1996 by Ord. No. 96-6885B; 2-9-2004 by Ord. No. 04-9962C; 10-16-2017 by Ord.
No. 17-1006972C]
C.
An applicant who has been a resident of the City of
Marlborough for at least six months shall be exempt from the fee.
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.
A.
There shall be no solicitation upon the premises,
other than upon prior invitation of the occupant of any such premises,
prior to 12:00 noon or after 7:00 p.m. local time of any day, and
it is hereby declared unlawful and shall constitute a nuisance for
any person, whether licensed under this article or not, to go upon
any premises and ring the doorbell upon or near any door or create
any sound in any other manner calculated to attract attention of the
occupant of such residence, for the solicitation as herein defined
prior to 12:00 noon or after 7:00 p.m. of any day or at any time on
a Sunday or national holiday.
B.
No person engaged in solicitation shall, at the time
of initial contact with a prospective customer or donor, fail to identify
himself and the purpose of the solicitation.
C.
No person engaged in solicitation shall misrepresent
the purpose of his solicitation or use any false, deceptive or misleading
representation to induce a sale or contribution, or use any plan,
scheme or ruse which misrepresents the true status or mission of the
person making the call.
D.
No person engaged in making a solicitation as defined in § 468-14 shall violate any of the provisions of Chapter 93A of the General Laws of Massachusetts, said chapter being entitled "Regulation of Business Practices for Consumers' Protection," the current provisions of which are hereby adopted and by reference made a part hereof.
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.
A.
The provisions of this article shall not apply to
children 14 years old or younger who solicit under the supervision
of an adult who shall be at least 18 years old and to whom the provisions
of this article shall apply.
B.
The provisions of this article shall not apply to
any person delivering newspapers, fuel, dairy products or bakery or
other foodstuffs to regular customers on established routes in Marlborough.
C.
The provisions of this article shall not apply to
route salesmen or other persons having established customers to whom
they make periodic deliveries and who may from time to time call upon
prospective customers along their regular service route to solicit
an order for future periodic route deliveries.
D.
The provisions of this article shall not apply to
any person who has an established place of business where the goods
being sold are offered for sale on a regular basis and in which the
buyer has initiated contact with and specifically requested a home
visit by said person.
E.
The provisions of this article shall not apply to
any of the following groups:
F.
The provisions of this article shall not apply to
any person engaged in the following activities:
(1)
The solicitation of funds for charitable purposes
by any organization or association from its members.
(2)
The solicitation of funds for charitable purposes
by a person when such solicitation occurs on premises owned or controlled
by the person soliciting funds or with the permission of the person
who owns or controls the premises.
(3)
The solicitation of support or votes for any political
candidate or public issue in any general or special election or for
presentation to any legislative or governmental body.
A.
Any person who solicits within the City of Marlborough
without a license as described herein shall be fined not less than
$35 nor more than $100 for each and every day said person solicits
without a license.
[Amended 10-16-2017 by Ord. No. 17-1006972C]
B.
Any person who files an application for a license
containing false and fraudulent misstatements shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than $100 nor more than $200.
C.
Any person who violates any of the other provisions
of this article, upon conviction thereof, shall be fined not less
than $50 nor more than $200.
