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Town of Lancaster, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Lancaster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Secondhand dealers — See Ch. 110.
[Adopted 6-12-1918; amended 3-17-1919]
No person shall go from place to place in this Town selling or bartering, or carrying or exposing for sale or barter, any fruits, vegetables or fish in or from any cart, wagon or other vehicle, or in any other manner, without a license therefor from the Select Board; provided, however, that this section shall not apply to any person who sells only fruits or vegetables raised or produced by himself or his family, or fish which is obtained by his own labor or the labor of his family.
[Amended 5-5-2008 ATM by Art. 13]
The Select Board shall have authority to grant such license to any person of good repute for morals and integrity. Said license, unless sooner revoked by the Select Board, shall expire one year after the granting thereof, and each person so licensed shall pay therefor a fee as set forth in Chapter 1, General Provisions, Article III, Fees, of the Code of the Town of Lancaster.
[Amended 5-5-2008 ATM by Art. 13]
No hawker or peddler shall sell or offer or expose for sale any articles until he has recorded his name and residence with the Town Clerk. Every person licensed under the provisions of the preceding section as a hawker or peddler of fruits and vegetables and fish shall record his name and residence in like manner with the Town Clerk.
No person hawking, peddling or carrying or exposing any articles for sale shall cry his wares to the disturbance of the peace and comfort of the inhabitants of the Town, nor shall he carry or convey such articles otherwise than in vehicles or receptacles which are neat and clean and do not leak.
Every hawker and peddler licensed by the Select Board shall be assigned a number and shall be provided with a badge which shall be conspicuously worn by him; and every other such hawker or peddler as described in § 92-3 shall provide himself with a badge, of such type and design as may be approved by the Select Board, which he shall wear in like manner. Whoever neglects to wear such badge, or wears such badge without authority, shall be punished by the penalty provided in § 92-10 of this bylaw.
Every vehicle or other receptacle used by a licensee as a conveyance for articles offered or exposed for sale by him shall have attached thereto on each side a number plate, to be furnished by the Town with his 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 §§ 92-3 and 92-5 of these bylaws until he presents 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 license, or the cancellation of his registration.
Nothing in these bylaws shall be construed as conflicting with any license issued under the authority of the commonwealth.
Any license that is granted under these bylaws or any bylaws amendatory or additional thereto might be revoked by the Select Board.
[Amended 5-5-2008 ATM by Art. 13]
Whoever violates any provisions of these bylaws shall be subject to fines under Chapter 1, General Provisions, Article I, Noncriminal Disposition, of the Code of the Town of Lancaster, in the amounts set forth in Chapter 1, Article II, Fines.[1]
[1]
Editor's Note: Original Section 11 regarding repeal of inconsistent bylaws, which immediately followed this section, was deleted 5-5-2008 ATM by Art. 13.
[Adopted 5-1-2000 ATM by Art. 17]
For the purpose of this regulation, the definitions of hawkers, peddlers, and transient vendors shall be the same definitions as those contained in MGL c. 101.
[Amended 5-5-2008 ATM by Art. 13]
No person shall hawk, peddle, or barter any goods or merchandise within the limits of the Town of Lancaster, except as authorized by law, without first obtaining a license to do so from the Select Board, upon payment of a license fee as set forth in Chapter 1, General Provisions, Article III, Fees, of the Code of the Town of Lancaster. This requirement shall not apply to any hawking or peddling of newspapers, religious publications, ice, flowering plants, and wild fruits, nuts and berries.
The sale by hawkers and peddlers of jewelry, furs, wines, or spiritous liquors, small artificial flowers or miniature flags is prohibited.
Any person licensed under this regulation shall keep said license in his/her possession which shall be readily available for display. The license shall indicate the license number, and shall include the licensee's signature and date of the license expiration. The licensee shall display such license when requested to do so by any officer of the Police Department or the Health Agent.
No person licensed under this bylaw shall conduct business in such a manner as would impede foot or vehicular traffic along or to a public way or public street or public sidewalk or access road or driveway.
All hawkers and peddlers shall have adequate trash control.
Vehicles utilized for the selling of frozen desserts or confections must have installed on said vehicle an amber flashing light visible from the front and rear of the vehicle and such light must be flashing when the vehicle is stopped for the purpose of transacting business.
People doing business as transient vendors may conduct their trade only on property that is business zoned. Prior to commencing business, the transient vendor shall submit to the licensing authority a signed and notarized statement from the property owner granting permission to the vendor to use the property.
[Amended 5-5-2008 ATM by Art. 13]
Failure to comply with this regulation may result in suspension or revocation of licenses and/or permits granted hereunder. In addition, each offense shall be subject to fines under Chapter 1, General Provisions, Article I, Noncriminal Disposition, of the Code of the Town of Lancaster, in the amounts set forth in Chapter 1, Article II, Fines.