[HISTORY: Adopted by the Town of Bolton as indicated in article
histories. Amendments noted where applicable.]
[Adopted 5-7-2012 ATM by Art. 10 (Section 1.9, 1.9.2, of the Town Bylaws)]
[Amended 5-3-2021 ATM by Art. 10]
No person shall hawk or peddle fish, fruit or vegetables within
the limits of the Town, except as otherwise authorized by law, without
obtaining a license therefor from the Select Board upon payment of
a fee at a rate to be set annually by the Select Board.
[Adopted 5-7-2012 ATM by Art. 10 (5-7-1979 ATM by Art. 25; Section 1.9, 1.9.15, of the
Town Bylaws); amended in its entirety 5-1-2023 ATM by Art. 9]
The purpose of this Article II is to provide for the regulation of door-to-door solicitation for commercial purposes in the Town to Bolton, to promote public safety and consumer protection.
For the purpose of this Article II, the following words as used herein shall be considered to have the meanings herein ascribed thereto:
Any one or more of the following activities, conducted by
appearing in person at a premises to provide information or literature:
Seeking to sell or to obtain orders for the purchase of goods,
wares, merchandise, foodstuffs, and services of any kind, character
or description whatever.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers, and every other type or kind of publication.
Seeking to obtain gifts or contributions of money, clothing, or any other valuable item for the support or benefit of any charitable or nonprofit association, organization, corporation, group, or project except as otherwise excluded by this Article II.
The photo identification card issued to a licensee.
Any individual, firm, co-partnership, corporation, company, association or joint-stock association, society, organization or league and includes any trustee, receiver, assignee, agent or other similar representative thereof, except as otherwise excluded by this Article II.
A building or portion of a building used for residential
purposes, including the real estate upon which any such building is
located, provided that the predominant use of the real estate is for
residential purposes.
A.Â
Every person who engages in door-to-door solicitation, except as otherwise excluded by this Article II, either as a principal or agent, shall, before commencing business in the Town of Bolton, make written application under oath for a license to the Chief of Police.
B.Â
Required information. Said application form will require the following
information:
(1)Â
The name, permanent address, and telephone number, and temporary
address, if any.
(2)Â
A physical description of the applicant, setting forth the applicant's
age, height, weight, color of hair and eyes.
(3)Â
The name, address, and telephone number of the person, firm, association
or corporation that the person represents or is employed by, or whose
merchandise is being sold.
(4)Â
A brief description of the business he or she wishes to conduct and
of the methods to be used in furtherance of said business.
(5)Â
The make, model, and license number of any vehicle to be used by
the applicant in the conduct of their business.
(6)Â
A statement as to whether the applicant has been convicted of any
crime or ordinance violation related to any prior solicitation by
the applicant within the last five years, the nature of the offense,
and the place of conviction.
(7)Â
A statement as to the period during which the applicant intends to
carry on solicitation.
C.Â
The Police Chief shall not issue a license unless the above required
information has been provided by the applicant or an explanation has
been given for the applicant's inability to provide any of the
foregoing information.
D.Â
Applicants shall present to the Chief for examination a driver's
license or some other proof of identity as may be reasonably required.
The applicant shall permit the Police Department of the Town
of Bolton to photograph said applicant for identification purposes.
A.Â
No later than 10 calendar days after filing of such application,
the Chief of Police, or their designee, shall issue the applicant
a license in the form of a photo identification card showing the name
and address of the licensee and authorizing them to solicit for the
purposes described in their application subject to the Code of the
Town of Bolton and the laws of the Commonwealth of Massachusetts.
Failure by the Chief of Police to act on an application within 10
calendar days shall constitute approval of said application.
B.Â
The fee for such license shall be $25, and said license shall expire
one year from the date of issue, or on the day of its surrender or
revocation, or on the filing of an affidavit of its loss to the Police
Department on a form approved by the Town Solicitor.
C.Â
Grounds for disapproval of an application shall be:
(1)Â
Applicant has a conviction in any state or federal court of the United
States or any court of a territory of the United States for any of
the following named offenses committed within the last seven years:
burglary, breaking and entering, larceny, robbery, receiving stolen
property, assault, fraud, sexual misconduct as specified in MGL c.
265, §§ 13B and 22 through 24, and MGL c. 272, § 53A,
unlawfully carrying weapons, or the attempt of any such offense;
(2)Â
Applicant is a person who is a sex offender required to register
with the Sex Offenders Registry Board and who is finally classified
as a Level 2 or Level 3 Sex Offender, as such person has been found
to have a moderate to high risk of re-offense and pose a substantial
degree of dangerousness to minors and other persons vulnerable to
becoming victims of sex crimes; or
(3)Â
The failure to include any of the information requested in the application.
The photo identification card shall be nontransferable and shall
entitle the licensee for the period indicated therein and for the
purposes specified therein to solicit in the Town of Bolton, provided
that the licensee shall have in his/her/their possession at all times
while soliciting and shall further conspicuously display the photo
identification card.
If while the application is pending or during the term of any
license granted thereon there is a change in fact, policy, or method
that would alter the information given in the application, the applicant
or licensee, as the case may be, shall notify the Police Department
in writing within 24 hours of such change.
A license issued under this Article II does not constitute an endorsement by the Town of Bolton nor by any of its departments or officers of the purpose or of the person conducting the solicitation.
No person shall engage in solicitation upon any premises without
a prior invitation from the occupant thereof if such premises is posted
against such solicitation by means of a notice prominently displayed
upon which is printed the legend "no solicitors" or words of similar
import. For the purposes of this section, the premises shall be deemed
posted against solicitation if there is exhibited, on or near the
main entrance to the premises or on or near the main door to any residence
located thereon, a sign which bears the above legend.
A.Â
No person engaged in solicitation shall, at the time of initial contact
with a prospective customer or donor, fail to identify themselves
and the purpose of the solicitation.
B.Â
No person engaged in solicitation shall misrepresent the purpose
of their solicitation or use any false, deceptive or misleading representation
to induce a sale or contribution, or use any plan, scheme or ruse
which misrepresents the true status or mission of the person making
the call.
C.Â
No person engaged in making a solicitation shall violate any of the
provisions of Chapter 93A of the General Laws of Massachusetts, said
chapter being entitled "Regulation of Business Practices for Consumers'
Protection."
The practice of any individual or group going in and upon private residences in the Town, not having been requested or invited to do so by the owner(s) or occupants of said private residences, for the purposes of soliciting after the owner has requested the individual to depart from the premises, either orally or in writing, is declared to constitute a violation of this Article II.
A.Â
Any license issued under the provisions of this Article II may be revoked by the Chief of Police of the Town of Bolton after notice and hearing for any of the following causes:
(1)Â
Fraud, misrepresentation or false statement contained in the application
for license;
(2)Â
Fraud, misrepresentation or false statement made in the course of
carrying on their business as solicitor;
(4)Â
Conviction of any crime or misdemeanor involving moral turpitude;
or
(5)Â
Conducting the business of soliciting in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
B.Â
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing.
C.Â
Any person aggrieved by the action of the Chief of Police in the
revocation of a license shall have the right of appeal to the Select
Board. Such appeal shall be taken by filing with Select Board, within
14 days after notice of the action complained of has been mailed to
such person's last known address, a written statement setting
forth fully the grounds for the appeal. The Select Board shall set
a time and place for a hearing on such appeal, and prior to that time,
notice of the revocation and the right to a hearing shall be given
to the licensee in writing. The decision and order of the Select Board
on such an appeal shall be final and conclusive.
A.Â
The provisions of this Article II shall not apply to children 14 years old or younger who solicit under the supervision of an adult who shall be at least 18 years old and to whom the provisions of this article shall apply.
B.Â
The provisions of this Article II shall not apply to any person delivering products previously ordered or purchased.
C.Â
The provisions of this Article II shall not apply to route salespersons or other persons having established customers to whom they make periodic deliveries and who may from time to time call upon prospective customers along their regular service route to solicit an order for future periodic route deliveries.
A No Solicitation List shall be established and maintained by
the Bolton Police Department. Residents may submit their property
for inclusion on the list without charge. Upon approval of the issuance
of a license as provided herein, each such licensed entity or individual
shall be provided with a copy of the No Solicitation List and may
not solicit or canvass at such property.
