[HISTORY: Adopted by the Town of Salisbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-1991 ATM by Art. 9]
[Amended 10-23-2006 ATM by Art. 2]
It shall be unlawful for any solicitor or canvasser
as defined in this bylaw to engage in such business within the Town
without first obtaining a license therefor in compliance with the
provisions of this bylaw. The provisions of this bylaw shall not apply
to any person exempted under MGL c. 101, or to any person duly licensed
under MGL c. 101, or to any person exempted by any other General Law,
nor shall this bylaw be construed to prevent route salesmen or other
persons having established customers to whom they make periodic deliveries
from calling upon such customers or from making calls upon prospective
customers to solicit an order for future periodic route deliveries.
A solicitor or canvasser is defined as 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, or from street to street, taking or attempting
to lease or take orders for retail sale of goods, wares, merchandise,
or services, including, without limiting, the selling, distributing,
exposing for sale or soliciting orders for magazines, books, periodicals
or other articles of a commercial nature, the contracting of all home
improvements, or for services to be performed in the future, whether
or not such individual has, carries or exposes for retail sale a sample
of the subject of such sale or whether he is collecting advance payment
on such retail sales.
A.
Applicants for a license shall file with the Chief
of Police, on a form issued by the Police Department, a written application,
signed under penalties of perjury, containing the following information:
(1)
Name of applicant.
(2)
Address of applicant (local and permanent home address).
(3)
Applicant's height, weight, and eye and hair color;
(4)
Applicant's social security number.
(5)
The length of time for which the right to do business
is desired.
(6)
A brief description of the nature of the business
and the goods to be sold.
(7)
The name and home office address of the applicant's
employer. If self-employed it shall no state.
(8)
A photograph of the applicant which picture shall
be submitted by the applicant and be two inches by two inches showing
the head and shoulders of the applicant in a clear and distinguishing
manner.
(9)
If operating a motor vehicle: the year, make, model,
motor number, registration number, state of registration, vehicle's
owner and address.
B.
At the time of filing the application, each applicant
shall pay a fee of $25.
A.
Upon receipt of the application, the Chief of Police
shall investigate the applicant's reputation as to morals and integrity.
B.
After an investigation of the applicant's morals and
integrity, but within seven business days of the filing of the applicant,
the Chief of Police shall endorse on such application his approval
or disapproval. Failure of the Police Chief to act on said permit
within seven business days of the applicant's filing shall constitute
approval. If disapproved, the applicant shall have the right of appeal
to the Board of Selectman in writing within seven business days of
the denial by the Chief of Police. The Board of Selectman must act
upon the appeal at one of its next two regularly scheduled meetings.
Failure to so act shall be deemed approval.
C.
Such license when issued shall contain the signature
of the Chief of Police or the Board of Selectman and shall show the
name, address and photograph of said licensee, the date of issuance
and the length of time the same shall be operative, as well as the
license number. The Police Department shall keep a record of all licenses
issued for a period of six years. Solicitors and canvassers when engaged
in the business of soliciting or canvassing are required to display
an identifying badge issued by the Police Department, by wearing said
on an outer garment. Each licensee is required to possess an individual
license.
[Amended 10-23-2006 ATM by Art. 2]
The police officers of the Town shall enforce
this bylaw. No license shall be transferred.
The Chief of Police is hereby vested with the
jurisdiction over the revoking of licenses. Any person aggrieved by
such revocation may appeal to the Board of Selectmen within seven
business days, and a hearing will be scheduled for one of the next
two regularly scheduled meetings of the Board of Selectmen. Licensing
may be revoked for cause, including, but not limited to, any violation
of any local law, state or federal statute, or falsification in applying
for a license.
Each license issued under the provisions of
this bylaw shall continue in force from the date of issue until the
31st day of December following, unless sooner revoked.
A license issued under the provisions of this
bylaw may be renewed by Chief of Police. An applicant requesting a
renewal of a license must apply in person for such license renewal
and provide such information as is required to obtain an initial license.
A.
No solicitor or canvasser, licensed or exempted from
license, may misrepresent, in any manner, the buyer's right to cancel
as stipulated in MGL c. 93, c. 93A and c. 255D.
B.
No solicitor or canvasser, licensed or exempted from
license, may use any plan, scheme or ruse which misrepresents the
true status or mission of the person making the call in order to gain
admission to a prospective buyer's home, office or other establishment
with the purpose of making a sale of consumer goods or services.
[Amended 10-23-2006 ATM by Art. 2]
[Amended 10-23-2006 ATM by Art. 2]
It shall be unlawful for any canvasser or solicitor
to enter the premises of a resident or business who or which has displayed
a "no trespassing" or "no soliciting" sign or poster. Further, it
shall be unlawful for canvassers or solicitors to ignore a resident's
or businessperson's no solicitation directive or remain on private
property after its owner has indicated that the canvasser or solicitor
is not welcome.
Any person violating any provision of this bylaw
shall, upon conviction thereof, be punished by a fine not to exceed
$50 for each and every offense.
Charitable, benevolent, fraternal, political
or religious organizations shall be exempt from this bylaw.
[Adopted 5-20-1996 ATM by Art 20]
A.
No hawker and peddler or transient vendor as defined
by MGL c. 101 shall conduct such business within the Town of Salisbury
without first having obtained a license required under MGL c. 101
and a local hawker and peddler's license or transient vendor's license
issued by the Board of Selectmen.
B.
Any person receiving a transient vendor's license
or hawker and peddler's license will not need a general business license.
A.
Applications for either a hawker and peddler's license
or a transient vendor's license shall be made to the Board of Selectmen.
B.
All applications must be filled out in their entirety
to be considered.
C.
All applications for a transient vendor's license
must contain a plan of the proposed vending location. The plan shall
be to scale and shall clearly show:
D.
All applications shall contain a signed and notarized
statement from the property owner granting permission to the vendor
to so use the property.
E.
All applications shall contain the applicant's federal
identification number or social security number.
F.
If a motor vehicle is to be used in the vending business,
a description of the vehicle and the motor vehicle registration number
and license number shall be submitted.
G.
All applications shall contain the anticipated days
of the week and the proposed hours of operation.
H.
Any other factor relating to the applicant, location,
merchandise sold, or method of operation may be requested on the application.
A.
General standards.
(1)
Hawkers and peddlers or transient vendors may only
sell the items indicated on the application approved by the Board
of Selectmen. The sale of products or services not indicated on the
application shall be deemed to be a violation of this bylaw. Only
the Selectmen may amend their previous approval of the hawker and
peddler's license or the transient vendor's license to allow any additional
products or services to be sold.
(2)
No application shall be approved unless the proposed
use and location meet all applicable bylaws of the State of Massachusetts
and the Town of Salisbury.
(3)
All vendors must meet all of the minimum standards
of this bylaw prior to the issuance of the permit by the Board of
Selectman.
(4)
Vending activities shall not occur prior to 8:00 a.m.
nor after 9:00 p.m.
(5)
Hawker and peddlers' licenses and transient vendors'
licenses are nontransferable. Any license issued under the provisions
of this bylaw may not be transferred or assigned to any other person
or used by any person other than the person to whom it had been issued.
B.
Signs.
(1)
All signs must be attached to the tent, truck, or
structure used by the transient vendor. No signs may project in any
direction from these structures. The total area of these signs shall
not exceed 32 square feet.
(2)
Only one additional portable sign may be allowed not
to exceed 12 square feet.
(3)
Internally illuminated signs or signs with changeable
letters are prohibited.
C.
Health regulations for the sale of food.
(1)
No hawker and peddler's license or transient vendor's
license shall be issued for the sale of food until the Director of
Public Health inspects or otherwise consults with the applicant as
to the manner of food storage, preparation, and sale. The Director
of Public Health must sign the application prior to the license being
issued by the Board of Selectmen.
[Amended 10-23-2006 ATM by Art. 2; 10-24-2016 ATM by Art. 10]
(2)
Adequate provisions shall be made for cleaning and
sanitizing of food preparation and serving surfaces.
(3)
Adequate provisions shall be made to ensure that potentially
hazardous foods are stored at the proper temperatures.
(4)
All applicable Massachusetts health regulations and
Town of Salisbury Board of Health rules and regulations must be met
prior to the Director of Public Health signing the application.
[Amended 10-23-2006 ATM by Art. 2; 10-24-2016 ATM by Art. 10]
D.
Appearance.
(1)
All transient vending locations shall be kept in a
clean and neat condition.
(2)
Provisions shall be made for the collection and removal
of refuse. All refuse shall be removed from the property by the close
of business each day.
(3)
All outdoor display shall be on merchandise display
racks or tables. Merchandise shall not be hung on trees, utility poles,
clothes lines, etc.
E.
F.
Transient vendor standards.
(2)
All parking must be provided at the vending location
and must be off the street or right-of-way.
(3)
At least one parking space shall be provided on the
site for the vendor and one additional parking space for each employee
of the vending operation.
(4)
There shall be at least two parking spaces provided
for every 50 square feet of merchandise display area.
G.
Flea markets and bazaars.
(1)
Flea markets and bazaars shall mean any location where
more than three transient vendors are proposed to be located on a
single parcel of land.
(2)
Flea markets and bazaars shall meet all of the transient
vendor standards in this bylaw.
(3)
The operator of the flea market or bazaar shall be
the individual responsible for obtaining a transient vendor's license
for the entire event.
(4)
The operator shall provide as part of its application
all names of proposed vendors and the type of merchandise or services
to be sold by each vendor.
(5)
The operator of the facility shall be responsible
to pay the fees as required in the fee schedule of this bylaw.
A.
A nonrefundable filing fee of $25 shall accompany
each application.
B.
If the application is approved the following fees
shall apply:
[Amended 10-23-2006 ATM by Art. 2]
|
Days
|
Fee
| |
|---|---|---|
|
1 to 30
|
$200
| |
|
31 to 60
|
$350
| |
|
61 to 90
|
$450
| |
|
91 to 120
|
$600
| |
|
121 to 360
|
$1,000
|
C.
The number of days shall run consecutively from the
start date indicated on the application submitted to the Selectmen.
A.
All transient vendors' licenses shall be displayed
by the transient vendor in a conspicuous place and manner at the permitted
vending location.
B.
Any person who fails, neglects or refuses to exhibit
his license when the same is demanded of him by any person shall be
subject to the same penalty as if he had no license.
A.
Charitable events. Permits shall not be required for
yard sales, auctions and fund-raising events by nonprofit organizations
and charitable groups if the event will run for no more than three
consecutive days or for no more than 12 days within any twelve-month
period.
[Amended 10-23-2006 ATM by Art. 2]
B.
Yard sales. The provisions of this bylaw shall not
apply to individuals holding bona fide yard sales on their own property
not more than three days at any time and not more than 12 days in
any twelve-month period.
C.
For good cause shown, the Selectmen may waive permit
requirements, fees, or any other provisions of this bylaw.
Any person aggrieved by his or her inability
to obtain or retain a transient vendor's license or a hawker and peddler's
license may file an appeal in writing within 30 days of such decision
to the Board of Selectmen.
In the event any one or more provisions of this
bylaw are found or determined to be illegal or unenforceable by the
Massachusetts Appeals Court or the Massachusetts Supreme Judicial
Court, then the illegality of any such provision shall not affect
the validity of any other provision of this bylaw which provisions
will remain in full force and effect.
