[HISTORY: Adopted by the Board of Aldermen of the City of
Melrose as Rev. Ords. 1976, §§ 11-26 to 11-37 (Rev.
Ords. 1989, §§ 9-61 to 9-69 and 9-81 to 9-83). Amendments
noted where applicable.]
No person shall go from place to place in this City selling
or bartering, or carrying or exposing for sale or barter, any meats,
butter, cheese, fish and fresh fruit or vegetables in or from any
cart, wagon or other vehicle, or in any other manner, without a license
therefor from the Sealer of Weights and Measures, provided that this
section shall not apply to any person who sells only fruits or vegetables
raised or produced by himself/herself or his/her family or fish which
is obtained by his/her own labor or the labor of his/her family.
State law reference — Articles
which may be sold without a license under law of the commonwealth,
MGL c. 101, §§ 15 and 17.
The Sealer of Weights and Measures shall have authority to grant
such license to any person of good repute for morals and integrity
who is, or has declared his/her intention to become, a citizen of
the United States. Such license, unless sooner revoked by the Sealer
of Weights and Measures, shall expire one year after the granting
thereof, and each person so licensed shall pay therefor a fee of $10.
State law reference — Transient
vendors, hawkers and peddlers, MGL c. 101, §§ 1 to
33.
[Amended 4-21-1981 by Ord. No. 20919]
No hawker or peddler shall sell, or offer or expose for sale, any of the articles enumerated in MGL c. 101, § 17, or any acts in amendment thereof or in addition thereto, and no person shall make door-to-door calls at home for the purpose of soliciting sales or other contracts unless he/she shall have first registered his/her name, residence and nature of the business with the Chief of Police, and no such calls shall be made except by appointment, and no calls shall be made between sunset and sunrise. Every person licensed under the provisions of § 127-1 as a hawker or peddler shall record his/her name and residence in like manner with the Chief of Police.
No person hawking, peddling, carrying or exposing any article
for sale shall cry his/her wares or make any loud noise in the sale
of the same to the disturbance of the peace and comfort of the inhabitants
of the City, nor shall he/she carry or convey such articles in any
manner that will tend to injure or disturb the public health or comfort,
nor otherwise than in vehicles and receptacles which are neat and
clean and do not leak.
Every hawker and peddler licensed by the Sealer of Weights and Measures under § 127-1 shall be assigned a number and shall provide himself/herself with a badge, of such type and design as may be approved by such Sealer, bearing the words "peddler" and "Melrose" and the number of his/her license, which shall be worn in a conspicuous manner. Whoever neglects to wear such badge, as aforesaid, or wears the same without authority, shall be punished by the penalty provided in Chapter 1, General Provisions, § 1-19.
Every vehicle or other receptacle used by a licensee as a conveyance
for articles offered or exposed for sale by him/her shall have attached
thereto on each side a number plate, to be furnished by the Sealer
of Weights and Measures with his/her license, bearing the number and
date of expiration of such license.
No person shall be registered or assigned a badge or number plate under the provisions of §§ 127-5 and 127-6 until he/she obtains a certificate from the Sealer of Weights and Measures stating that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law. The use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his/her license or the cancellation of his/her registration.
Every person licensed to peddle as aforesaid shall endorse his/her
usual signature upon his/her license. Any licensee who fails, neglects
or refuses to exhibit his/her license when the same is demanded of
him/her by a commissioner or inspector or the Sealer of Weights and
Measures, City Treasurer or Clerk, constable, police officer or justice
of the peace shall be subject to the same penalty as if he/she had
no license.
Any hawker's or peddler's license granted under this
article or any ordinance amendatory thereof or additional thereto
may be revoked by the Sealer of Weights and Measures.
Every transient vendor, as defined in MGL c. 101, § 1,
before making any sale of goods, wares or merchandise in the City,
shall make application for a license to the City Council.
State law reference — Law of the
commonwealth requiring the license, MGL c. 101, § 5.
Upon the favorable action of the City Council upon the application referred to in § 127-10 and the payment of a fee of $25 therefor, the City Clerk shall thereupon issue to such transient vendor a license, which shall remain in force so long as the licensee shall continuously keep and expose for sale such stock of goods, wares or merchandise as is described in the application as aforesaid, but not later than the first day of April following its date.
Upon such payment and proof of payment of all other license
fees, if any, chargeable upon local sales, the City Clerk shall record
the state license of such transient vendor in full, shall endorse
thereon "local license fees paid" and shall affix thereto his/her
official signature and the date of such endorsement.
