Town of Ipswich, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Ipswich 10-17-1992 STM, approved by Attorney General 1-11-1993 (Ch. XIV, § 3, of the 1973 Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Criminal records background checks — See Ch. 127.
Disorderly behavior — See Ch. 142.
Penalties — See Ch. 300.
Revocation or suspension of licenses for failure to pay taxes or assessments — See Ch. 315.
Noncriminal disposition of violations — See Ch. 325.

§ 189-1 License required.

It shall be unlawful for any solicitor or canvasser as defined in this bylaw to engage in such business within the Town of Ipswich 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 Chapter 101 of the General Laws 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. Persons engaged in the pursuit of soliciting for charitable, benevolent, fraternal, religious or political activities shall be exempt from licensing after notification to the Chief of Police or his designee.

§ 189-2 Definition.

A solicitor or canvasser is defined as any person who, for himself, or for any other 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, ware merchandise, or services, including without limitation the selling, distributing, exposing for sale, or soliciting or orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all household improvements, and/or for services to be performed in the future, regardless whether or not such individual possesses, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sale.

§ 189-3 Application.

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 the 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, eye and hair color;
(4) 
Applicant's social security number;
(5) 
The duration for which the license is desired;
(6) 
A brief description of the nature of the business and the goods to be sold and/or services to be performed;
(7) 
The name and home office address of the applicant's employer. If self employed, it shall so state;
(8) 
The applicant shall be photographed and fingerprinted by the Police Department for the purpose of completing a criminal background check and producing photo identification. The fingerprinted shall be in compliance with Chapter 127 of these General Bylaws.
[Amended 5-12-2015 ATM by Art. 20]
(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 the filing of the application, each applicant shall pay a fee in accordance with a schedule of fees to be established from time to time by order of the Board of Selectmen, after a hearing held in accordance with Chapter 305 of the General Bylaws.

§ 189-4 Investigation and issuance.

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 application, 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 Selectmen in writing within seven days of the denial by the Chief of Police. The Board of Selectmen must act upon the appeal at one of their 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 of the Board of Selectmen 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, shall be required to display an identifying badge issued by the Police Department, by wearing said badge on an outer garment. Each licensee is required to possess an individual license.

§ 189-5 Duty of police to enforce; transfer.

The police officers of the Town of Ipswich shall enforce this bylaw. No license shall be transferred.

§ 189-6 Revocation of license.

The Chief of Police is vested with authority to revoke licenses issued under this bylaw. 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.

§ 189-7 Expiration of license.

Each license issued under the provisions of this bylaw shall continue in force from the date of its issue until the 31st day of December next following, unless sooner revoked.

§ 189-8 Renewal of license.

A license issued under the provisions of this bylaw may be renewed by the 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.

§ 189-9 Misrepresentation.

A. 
No solicitor or canvasser, licensed or exempted from license, may misrepresent, in any manner, the buyer's right to cancel as stipulated by Chapters 93, 93A and 255D of the General Laws.
B. 
No solicitor or canvasser, licensed or exempted from license, may use any plan, scheme or use 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.

§ 189-10 Trespassing.

It shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who 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 business person's "no solicitation" directive or to remain on private property after its owner has indicated that the canvasser or solicitor is not welcome.

§ 189-11 Violations and penalties.

Any person violating any provision of this bylaw shall, upon conviction thereof, be punished by a fine not to exceed $50 for each offense.