City of North Adams, MA
Berkshire County
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Table of Contents
Table of Contents
Editor's Note: For law of the commonwealth as to hawkers and peddlers, see MGL c. 101, § 13 et seq. As to transient vendors, see MGL c. 101, § 1 et seq.

Sec. 9-1 License for peddlers of food required; exceptions. [1]

No person shall go about within the City selling or bartering or carrying or exposing for sale or barter, meats, butter, cheese, fish, fresh fruit or vegetables in or from any car, wagon or other vehicle, or in any other manner, without first having obtained a license therefor; provided, however, that this section shall not a apply to any person who peddles only fruit, vegetables or other farm products, raised or produced by himself or his family, or fish obtained by his own labor or that of his family.
Editor's Note: For law of the commonwealth permitting the sale of certain articles without a license, see MGL c. 101, §§ 15 and 17. As to licensing provisions generally, see Ch. 12 of this volume.

Sec. 9-2 Same—Granting; duration.

The City Council may grant the license required by the preceding section to any person of good repute as to morals and integrity who is or has declared his intention to become a citizen of the United States. Such license shall bear the date of issue and, unless sooner revoked upon conviction of any crime or for any other reason, shall continue in force for one year from such date.

Sec. 9-3 Same—Certificate of Sealer of Weights and Measures required.

No license required by Section 9-1 shall be granted until the applicant has presented 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.

Sec. 9-4 Badges and vehicle plates.

The City Clerk shall, at the expense of the licensee, issue a badge for each peddler and plates for each vehicle used in hawking or peddling. Such badge and plates shall bear the number of the license and the word "peddler." Each peddler shall wear his badge in a conspicuous place. The plates shall be displayed on each side of such vehicle.

Sec. 9-5 Not to conflict with licenses from commonwealth.

Nothing in this chapter shall be construed as conflicting with any license issued under authority of the commonwealth.

Sec. 9-6 Unnecessary noise; vehicles, etc., to be clean, etc.

No person hawking, peddling or carrying or exposing any article for sale shall cry his wares to the disturbance of the peace or comfort of the inhabitants of the city or carry his wares other thin in vehicles and receptacles which are neat and clean and do not leak.

Sec. 9-7 Transient vendor—Definition.

The term "transient vendor" for the purposes of this chapter shall be the same as defined in Sections 1 and 2 of chapter 101 of the General Laws.

Sec. 9-8 Same—Application for license. [1]

[Ord. of 3-11-2008]
Every transient vendor, whether principal or agent, authorized by state license to do business in this commonwealth, before making any sales of goods, wares and merchandise in the City, shall make application for a local license to the City Clerk stating the names, residences and places of business of the owners or parties in whose interest such business is conducted and shall at the same time file with the City Clerk a true statement, under oath, of the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by him for sale.
Upon the payment of a fee as set in Section 12-2, entitled "Fees," the City Clerk shall issue to the transient vendor a license authorizing the sale of such goods, wares and merchandise within the City.
Editor's Note: For similar law of the commonwealth, see MGL c. 101, § 5. As to licensing provisions generally, see Ch. 12 of this Code.

Sec. 9-9 Same—Display of license.

Every transient vendor who is granted a license under the provisions of this chapter shall exhibit the same at all times, while in force, in some conspicuous part of the place of business for which it is issued.

Sec. 9-10 Same—Bond.

Every transient vendor licensed under this chapter shall also execute a bond to the City in the sum of $500 with two sufficient sureties, conditioned for faithful observance of this ordinance.

Sec. 9-11 (Reserved) [1]

Editor's Note: Former Sec. 9-11, Same — Penalties, was repealed by an ordinance of 2-9-1999. See now Ch. 29, Penalties.

Sec. 9-12 Penalty.

[Ord. of 3-11-2008]
Any person who conducts a business as a transient vendor without a local license shall be guilty of a noncriminal violation.

Sec. 9-13 Nonissuance of license.

[Ord. of 3-11-2008]
No license shall be issued to any applicant if the business sought to be licensed does not comply with all applicable federal, state and local laws, ordinances and regulations. If the application is rejected, the City Clerk shall notify the applicant, in writing, giving the reasons for the rejection.

Sec. 9-14 Suspension or revocation of license.

[Ord. of 3-11-2008]
A license shall be revoked or suspended if the vendor is found to have violated of any federal, state, local laws, ordinances and regulations. If the vendor is found to be in violation, the City Clerk shall notify the vendor, in writing, giving the reasons for the suspension or revocation.

Sec. 9-15 Severability.

[Ord. of 3-11-2008]
If any section or sections of this chapter shall be declared unconstitutional or otherwise void and ineffective by a court of competent jurisdiction, the validity of the remainder of the provisions hereof and their application shall not be affected thereby.