As used in this article, the following terms
shall have the meanings indicated:
HAWKER and/or PEDDLER
Any person, either principal or agent, who goes from town
to town or goes from place to place in the same town selling or bartering
or carrying for sale or barter or exposing therefor any goods, wares
or merchandise, either on foot or on or from any animal or vehicle;
OUTDOOR VENDOR
Any person, either principal or agent, who: a) not being
a licensed hawker or peddler actually engaged in the conduct of a
hawker or peddler; or b) not being a licensed transient vendor actually
engaged in the conduct of a transient vendor; or c) not being a principal,
agent or employee of a retail or wholesale business with a permanent
place of business in Marlborough actually engaged in outdoor vending
on behalf of such retail or wholesale business at such permanent place
of business, for profit or compensation sells, barters or exposes
for sale or barter any goods, wares, merchandise, meats, butter, cheese,
fish, fresh fruit, vegetables, other prepared or unprepared foodstuffs,
trees, plants, shrubbery or flowers from a fixed, outdoor location
upon public or private property.
[Amended 7-22-2013 by Ord. No. 13-1005492]
Any person who remains in a public place while willfully in violation of any of the provisions of §
468-30 and §
468-34 may be arrested without a warrant by a police officer acting pursuant to the provisions of MGL c. 272, § 59. The prosecution of any violation may be initiated by the filing of a criminal complaint application.
Any person found guilty of violating any of the provisions of §
468-30 and §
468-34 shall be fined $300 per offense.
The provisions of this article shall not apply
to persons engaged in activity commonly referred to as a "yard sale,"
"garage sale" or "sidewalk sale," or to persons participating in a
public event sponsored or authorized by the City of Marlborough, if
such persons have been authorized to conduct sales or barter from
a fixed location by the person in control of such event.
[Added 7-22-2013 by Ord.
No. 13-1005492]
A. The requirements of this section shall be in addition to other requirements
of this article, other ordinances of the City Code, and state law.
B. No hawker or peddler shall display, sell or offer goods or merchandise
for sale without a license issued by the Event Director. Said license
shall be person-specific and event-specific.
C. Procedure for obtaining a license.
(1) An applicant for a license to display, sell or offer goods or merchandise
for sale shall apply to the Event Director on the day of the event.
Said license applicant must provide to the Event Director a copy of
a current state-issued hawker and peddler license issued to the applicant
and a valid identification card which bears a recent photograph of
the applicant such as a driver's license, military ID or state-issued
identification card.
(2) No license shall issue without a successful CORI check. License applicants
shall apply to the Commonwealth of Massachusetts for a Criminal Offender
Record Information (CORI) check and provide a copy of a current CORI
check to the Chief of Police no later than one week before the event.
(3) The cost for each license shall be $50 per person payable to the
Event Director at the time of application by cash, check or money
order made payable to the City of Marlborough. Charitable and non-profit
organizations are exempt from paying said license fee.
D. License holders shall prominently display the license on the cart
or other apparatus used for the conveyance, storage or display of
goods or merchandise.
E. Failure to comply with this article or any other ordinance of the
City or state law, or any fraud, misrepresentation or false statement
made in connection with the application for a license or the selling
of goods and merchandise may result in revocation by the Marlborough
Police Department of the license described herein.