City of North Adams, MA
Berkshire County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Sec. 4-1 Application of article.

The provisions of this article shall not apply to sections 4-9 to 4-14.

Sec. 4-2 Permit—Required; exceptions. [1]

Except as otherwise provided in this chapter, it shall be unlawful for any person to go in or upon any premises occupied for residential purposes within the city for the purpose of soliciting or canvassing from any occupant thereof orders for goods, wares, merchandise or services or for the purpose of offering to give or furnish any article or service in order to obtain such order, without first having applied for and received from the chief of police permit so to do.
It shall also be unlawful for any person, to establish and operate in or at any place within the city a telephone or telephones to be used for the purpose of soliciting or canvassing any person in the city for orders for goods, wares, merchandise or services, or for the purpose of offering to give or furnish any article or service in order to obtain such order, without first having applied for and received from the chief of police permit so to do.
[1]
For regulations as to permits generally, see Ch. 12 of this volume.

Sec. 4-3 Same—Application; accompanying information.

Any person desiring to procure a solicitor's permit required by this article shall apply therefor in writing over his signature to the chief of police on a form provided for that purpose, and such application shall state:
(1) 
The name and address of the applicant.
(2) 
The name and address of the person, firm, association or corporation by whom or by which he is employed, or for whom or for which he is acting, if any.
(3) 
The length of service of such service with such employer.
(4) 
The place of residence and the nature of employment of the applicant during the last preceding year.
(5) 
The nature or character of the goods, wares, merchandise or services to be offered by the applicant.
(6) 
The personal description of the applicant.
Such applicants shall be accompanied by such credentials and other evidence of the good moral character and identity of the applicant as may be reasonably required by the chief of police having regard to the safety and welfare of the public.
In addition to the data required in this section a person, applying for a permit under section 4-21, shall set forth the following information: The name, address and telephone number or numbers of the location of such telephone or telephones; and the names and addresses of the operator or operators thereof.

Sec. 4-4 Same—Issuance; duration; fee.

If the chief of police shall be satisfied, after reasonable investigation, that no false statements have have been made in the application, he shall then issue the permit as applied for. Such permit shall expire on the thirty-first day of December in the year in which such permit shall have been issued. There shall be no charge or license fee for the issuance of such permit.

Sec. 4-5 Same—To be carried, exhibited, etc.

Any permit issued tinder this chapter shall be carried at all times by the applicant to whom issued, when soliciting or canvassing in the city, and shall be exhibited by any such applicants whenever he shall be requested so to do by any police officer or any person solicited; or read, when soliciting or canvassing by use of telephone.

Sec. 4-6 Same—Revocation.

Any permit issued under this chapter may be revoked by the chief of police for violation of of law, or any ordinance or regulation having the force of law, by the holder thereof, or if the chief has received information which reasonably leads him to believe that the holder of such Permit has been guilty, of having committed, or having attempted to commit a fraudulent act, or that he has been guilty of immoral conduct.

Sec. 4-7 Exemptions from provisions of chapter. [1]

This chapter shall not apply to any person engaged in the spreading of information concerning any religion or religious viewpoint, even though the sale of books, pamphlets or magazines may be involved therein. Neither shall it be construed so as to interfere with any person in his constitutional right to freedom of expression of opinion, either by means of speech or of written or printed matter.
No such permit shall be required in the case of a person who limits his solicitation to the sale of articles for the sale of which no license is required in the case of hawkers or peddlers; or of any person holding a hawker's or peddler's license, issued according to law, authorizing the holder thereof to be a hawker or peddler within the area of the city, or in the case of a person holding a transient vendor's license, authorizing him to do business in the city, or to solicitations, by agents, servants or employees of local established businesses, individually or corporately owned.
[1]
For law of the Commonwealth as to certain exemptions, see G.L. C. 101, §§ 2, 15, 17.

Sec. 4-8 Solicitation of funds for charitable or benevolent purposes.

Solicitors of funds for charitable or benevolent purposes shall comply with General Laws, chapter 68, section 17, if same be applicable under the terms thereof.
[1]
For law of the Commonwealth applying to transient vendors, see G.L. C. 100, § 1 et seq.

Sec. 4-9 Definition of "transient" and "itinerant".

The words "transient" and "itinerant", as used in this article, shall be deemed to mean and to include all persons who engage in and conduct within the city, whether in one locality or by traveling from house to house or front place to place, and whether as principal or agent, a temporary or transient photography business with the intention of continuing in such business in the city, for a period of not more than 90 days.

Sec. 4-10 Definition of "canvasser" and "solicitor".

The words "canvasser" and "solicitor" as used in this article, shall be deemed to mean and include any person who goes from house to house or from place to place in the city for the purpose of selling or taking orders for, or of offering to sell or take orders for, photographs, pictures or enlargements thereof, for future delivery.

Sec. 4-11 License—Required; exception. [1]

(1) 
It shall be unlawful for any person to engage in the business of a transient or itinerant photographer, canvasser or solicitor of photographs or pictures or enlargements of the same taken, photographed or otherwise made, prepared or enlarged, and sold or delivered, or to transact any business in connection therewith within the city without having first obtained a license so to do, as hereinafter provided, and without having first otherwise complied with the provisions of this article; provided, however, that nothing contained in this article shall apply to any person actually engaged in interstate commerce in a lawful manner and not for the purpose of evading the provisions of this article.
[1]
As to licensing regulations generally, see Ch. 12 of this volume.

Sec. 4-12 Same—Application; bond.

Any person desiring to engine in the business of a transient or itinerant photographer, canvasser or solicitor of photographs, or pictures or enlargements thereof as hereinbefore defined, within the city, shall make an application in writing to the city council for a license so to do, which application shall be filed with the city clerk at least 14 days before such applicant shall be authorized to begin such business. Such application shall state the name and residence of the applicant, the place where such licenses is to be conducted, the kind and type of photograph or enlargements to be sold, or for which orders are to be taken, and the length of time for which the license is desired. No such license shall be issued until there is deposited with the city clerk a bond in the penal sum of $1,000 executed by the applicant and surety company or two responsible owners of real estate residing with the city, which bound shall be approved by the city solicitor, or in lieu thereof, a cash bond of equal amount, which bond shall, in either event, be conditioned that all photographs, pictures or enlargements taken, be as represented by him, and that he will refund any money or purchase prior paid on such work which is not as represented, and so as to indemnify and reimburse any person dealing with him in such business, in a sum equal to the amount of any payment which such purchaser may have been induced to make through misrepresentation as to the kind and character of photographic or enlargement work to be done. Any person so misled and who has been aggrieved by the misrepresentation of any license hereunder shall have a right of action on the bond for the recovery of the amount of his payment or damage suffered, or both. In the event a cash bond is deposited, the same shall be retained by the city clerk for a period of 120 days after the expiration of any such license. Action upon either of the bonds for remedy under this section shall be begun within 120 days after the expiration of any such license.

Sec. 4-13 Same—Prerequisites to issuance.

Upon the expiration of 14 days from the time of filing of the application, required by section 4-12, and approval of the application by the city council, and upon the filing of the bond required by section 4-12 and the approval thereof by the City, solicitor, and the payment to the city clerk of the license fee for each and every person or agent engaged in the business of transient or itinerant photographer, solicitor or canvasser, a license shall be issued to the applicant or agents, and shall state the date of expiration of such license, which expiration date shall be not more than 90 days from the date of the license. Before any such license shall be issued, there shall also be filed with the city clerk an instrument in writing, signed by the applicant, nominating and appointing the city clerk and big successor in office his true and lawful agent with full power and authority to acknowledge service of process for and on behalf of such applicant and providing that such service of process in any action brought upon such bond, shall be deemed made when served upon the city clerk in the manner aforesaid. The city clerk shall forthwith upon receipt of such process forward the same to such licensee by registered mail, addressed to him at the address which the licensee shall have stated in his application.

Sec. 4-14 Orders and sales.

All orders taken or sales made by any licensee under the provisions of this article shall be in writing, and in duplicate, stating fully the terms thereof, together with the amount paid in advance, and the balance remaining due and one copy of such order or sale shall be delivered to the purchaser at time such order is taken or sale made.