[HISTORY: Adopted by the Town Meeting as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1988 ATM, Art. 98, as Sec. 140.1 of the General
Bylaws]
The Board of Selectmen may license suitable
persons to be hawkers or peddlers of merchandise, produce, etc; as
provided in MGL c. 101, §§ 16 and 17, and/or amended.
Said licensing board may make additional rules and regulations relative
to this type of business and may revoke said licenses at its pleasure.
[Adopted 10-18-1993 FATM, Art. 41 (Sec. 140.4, later 140.5,
of the General Bylaws)]
As used in this chapter, the following terms
shall have the meanings indicated:
Shall mean and include any person, either principal or agent
who goes from town to town or from place to place in the same town
selling or bartering, or carrying for sale or barter or exposing therefore
any goods, wares or merchandise, either on foot or from any animal
or vehicle.
Any person who for himself, or for another person, firm or
corporation, travels by foot, automobile or any other type of conveyance,
from place to place, from house to house, taking or attempting to
take orders for the sale or lease of goods, wares, merchandise or
services, or taking or attempting to take contributions for any purpose,
including without limiting the selling, distributing, exposing for
sale or soliciting orders for magazines, books, periodicals or other
articles of a commercial nature in the future, whether or not such
individuals has, carries, or exposes for retail sale a sample of the
subject of such sale, whether or not he/she is collecting advance
payment on such retail sale.
An exhibition and sale of goods, wares or merchandise which
is carried in any tent, booth, building or other structure or any
open lot, unless such place is open for business during usual business
hours for a period of at least 12 consecutive months.
Any person, either principal or agent who engages in a temporary
or transient business in the Town of Webster selling goods, wares
or merchandise, either in one locality or in traveling from place
to place.
The provisions of these rules shall not apply
to any person residing within the Town of Webster and engaged in the
pursuit of soliciting for charitable, benevolent, fraternal, religious
or political activities, nor to any person exempt by any other Massachusetts
General Laws, nor shall these rules be construed to prevent persons
having established customers to whom they make periodic deliveries
from calling upon such prospective customers to solicit an order for
future periodic deliveries.
It shall be unlawful for any person to peddle
or solicit before the hours of 8:30 a.m. of any day, or after the
hour of 7:30 p.m. of any day except by appointment.
It shall be unlawful for any peddler or solicitor
or any person pretending to be a peddler or solicitor for the purpose
of peddling or pretending to peddle or solicit to ring a doorbell
or knock at any building where there is painted, affixed or otherwise
displayed to public view any sign containing any or all of the following
words: "No Peddlers," "No Solicitors," or "No Agents" or which purports
to prohibit peddling or soliciting on the premises.
It shall be unlawful for any solicitor/canvasser
or vendor, as defined on the previous page, to engage in such business
within the Town of Webster without first obtaining a license to do
so.
Hawkers and Peddlers licenses can be obtained
from the Commonwealth of Massachusetts Division of Standards, Boston,
MA or from the Board of Selectmen, Town of Webster.
[Amended 10-15-2012 FATM,
Art. 16]
Each application for a license shall file with
the Board of Selectmen, a written application, signed under the penalties
of perjury, containing the following information:
A.
Name of applicant.
B.
Address of applicant (local and permanent address).
C.
Applicant's height, weight, eye and hair color.
D.
Applicant's social security number.
E.
Length of time for which the right to do business
is desired.
F.
Brief description of the nature of the business and
the goods to be sold.
G.
Name and home address of the applicant's employer.
If self-employed it shall so state.
H.
A statement as to whether or not the applicant has
been convicted of any crime or misdemeanor within 10 years of the
date of application, except motor vehicle violations and the nature
of the offense.
I.
If operating a motor vehicle, the year, make, color
and model, VIN number, registration number, state of registration,
vehicle owners name and address.
J.
Each employee of the applicant who will be soliciting/canvassing
shall file a written application.
K.
A photograph of the applicant and each of the employees
who will be soliciting/canvassing shall be submitted, showing the
head and shoulders of the applicant and each individual employee(s).
If the applicant and/or the employees do not have a picture, one will
be taken of each individual at the Police Department, at the cost
of five dollars ($5) each.
L.
For those persons seeking, on a temporary basis, to offer for sale,
expose for sale, or sell any goods, wares or merchandise, in any open
area, alley or lot, located in the Town, written consent to the issuance
of the license at that location from the owner or owners of the premises
on or from which he desires to carry on business, and of the tenants
of the ground floor of such premises; said owners or tenants shall
not demand or accept any special or extra consideration for such consent,
but may nevertheless obtain legally negotiated rent from a license
holder operating on his premises; note further, however, that when
the premises at issue belongs to the Town, consent must be provided
by the department having charge of the premises, and further, the
Board of Selectmen may fix and collect a rental payment or other fee,
consistent with the provisions of MGL c. 30B, for such purposes, unless
the licensee is the tenant on the ground floor of the premises at
issue, and the character of the merchandise being sold is essentially
the same as that being sold said ground floor.
The fee schedule is as follows.
A.
Transient vendors: fifty dollars ($50) per day; one
hundred dollars ($100) per weekend (weekends shall be Friday, Saturday
and Sunday).
B.
Hawkers and peddlers: license for the Town of Webster,
if an individual does not possess a State License: fifty dollars ($50)
for a yearly license, one year from the date of issue (issued by the
Board of Selectmen).
[Amended 10-15-2012 FATM,
Art. 16]
C.
Solicitor/Canvasser: five dollars ($5) for a period
of not to exceed six months plus a five-dollar ($5) record check fee
for the applicant and each employee and a five-dollar ($5) photograph
fee if applicant and employee(s) does not present a two inches by
two inches photograph.
D.
Background checks on all the above is five dollars
($5) per individual; the exception is individuals who have a Hawkers
and Peddlers license issued by the Commonwealth of Massachusetts.
No personal or business checks will be accepted
by this agency. Only cash, certified bank checks or money order, made
payable to the Webster Police Department will be accepted.
[Added 10-15-2012 FATM,
Art. 16]
A.
Non-compliance
of the bylaw will result in a fine of one hundred dollars ($100).
