[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 8-22-1932 (Ch. 5, § 12, of
the Bylaws)]
A.
No persons,
unless duly licensed by the Director of Standards of the Commonwealth,
shall go from place to place in this Town selling, or bartering, or
carrying or exposing for sale or barter any meat, butter, cheese,
fish, fresh fruits or vegetables, in or from any cart, wagon or other
vehicle, or in any other manner, without a license therefor from the
Board of Selectmen; provided, however, that this section shall not
apply to any person who sells only fruits or vegetables raised or
produced by himself or by his family, or fish which is obtained by
his own labor or the labor of his family.
B.
The Board
of Selectmen shall have authority to grant such license. Said licenses,
unless sooner revoked by the Board of Selectmen, shall expire on the
30th day of April after the granting thereof, and each person so licensed
shall pay therefor a fee of $10.
[Amended 4-28-1975 ATM]
Every vehicle or other receptacle used by a licensee while peddling
shall have plainly printed on each side thereof, the name of the licensee
and the number of his license.
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, or otherwise than in vehicles and
receptacles which are neat and clean and do not leak.
Any license granted under these regulations or any regulations
amendatory or additional thereto may be revoked by the Selectmen.
[Amended 10-19-1981 ATM]
Whoever violates any provision of these regulations shall be punished as set forth in Chapter 58, Penalties and Enforcement.
[Amended 4-28-1975 ATM]
Unless the requirements of this Article I are specifically waived by the Selectmen, this article will apply to all so-called "door to door" vendors.
[Adopted 4-27-1981 ATM (Ch. 5, § 23, of the Bylaws)]
It shall be unlawful for any solicitor or canvasser, as defined in § 192-10 of this bylaw, to engage in such business within the corporate limits of the Town of Lynnfield without first obtaining a permit and license therefor in compliance with the provisions of this bylaw.
[Added 10-20-2014 ATM by Art. 16]
The provisions of this bylaw shall not apply to the following
persons:
A.
Any person
duly licensed under Chapter 101 of the General Laws or any persons
exempted under Chapter 101, Chapter 149, § 69, Chapter 180,
§ 4, or any other General Law;
B.
Any officer
or employee of the Town, county, state or federal government on official
business; or
C.
Route salespersons
or others having established customers making periodic deliveries
to such customers or making calls upon prospective customers to solicit
orders for periodic route deliveries, including but not limited to
news carriers.
D.
Any person
or persons canvassing or soliciting for political, religious and philanthropic
purposes.
[Amended 10-21-1985 TM]
It shall be unlawful for any solicitor or canvasser, as defined in § 192-10 of this bylaw, to engage in such business within the Town of Lynnfield before the hour of 8:00 a.m. in the morning and (a) after the hour of 8:00 p.m. in the evening during the period when Eastern Standard Time is in effect, and (b) after 9:00 in the evening during the period when Daylight Savings Time is in effect.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, whether resident of the Town of Lynnfield
or not, traveling either by foot, wagon, automobile, motor truck or
any other type of conveyance, from place to place, from house to house,
or from street to street, distributing sales information in any manner,
taking or attempting to take orders for sale of goods, wares and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future or soliciting
information opinions for surveys or polls, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on such sales or not;
provided that such definition shall include any person who, for himself,
or for another person, firm, or corporation, hires, leases, uses,
or occupies any building, structure, tent, railroad box car, boat,
hotel room, lodging house, apartment, shop or any other place with
the Town for the sole purpose of exhibiting samples and taking orders
for future delivery. All census enumerators employed by the United
States of America, or the Commonwealth of Massachusetts, or the Town
of Lynnfield shall not be included in this definition of canvassers
and solicitors.
A.
All solicitors or canvassers who engage in activities described in § 192-10 hereof for more than one day per month within Lynnfield must file with the Town Clerk a sworn application in writing (in duplicate) on a form to be furnished by the Town Clerk, which shall give the following information:
(1)
Name and description of the applicant;
(2)
Permanent home address and full local address of the applicant;
(3)
A brief description of the nature of the business and the goods to
be sold, if any;
(4)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
(5)
The length of time for which the right to do business is desired;
(6)
The place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time said application is filed,
and the proposed method of delivery;
(7)
A photograph of the applicant, taken within 60 days immediately prior
to the date of filing of the application, which picture shall be two
inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner;
(8)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor, or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor;
and
(9)
If applicant is operating or being transported by a motor vehicle,
the year, make, model, color, registration number, state of registration,
owner's name and address of each such vehicle.
[Added 10-20-2014 ATM by Art. 16]
B.
At the time of filing the application, a fee of $10 shall be paid
to the Town Clerk to cover the cost of investigation of the facts
stated therein.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause such investigation of the
applicant's business and moral character to be made as he deems necessary
for the protection of the public good.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for the same, and return the application to the Town Clerk,
who shall notify the applicant that his application is disapproved
and that no permit and license will be issued.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application his approval, execute
a permit addressed to the applicant for the carrying on of the business
applied for and return said permit, along with the application to
the Town Clerk, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the license number and other
identifying description of any vehicle used in such soliciting or
canvassing. The Clerk shall keep a permanent record of all licenses
issued.
A.
The license fee which shall be charged by the Town Clerk for such
license shall be $10 per day, $7 per week or part thereof, $30 per
month, $300 per year, per each solicitor.
B.
The annual fees herein provided shall be assessed on a calendar-year
basis, and on or after July 1 the amount of such fee for annual license
shall be 1/2 the amount stipulated above the remainder of the year.
C.
None of the license fees provided for by this bylaw shall be so applied
as to occasion an undue burden upon interstate commerce. In any case
where a license fee is believed by a licensee or applicant for license
to place an undue burden upon such commerce, he may apply to the Selectmen
for an adjustment of the fee so that it shall not be discriminatory,
unreasonable, or unfair as to such commerce. Such application may
be made before, at, or within six months after payment of the prescribed
license fee. The applicant shall, by affidavit and supporting testimony,
show his method of business and the gross volume or estimated gross
volume of business and such other information as the Selectmen may
deem necessary in order to determine the extent, if any, of such undue
burden on such commerce. The Selectmen shall then conduct an investigation,
comparing applicant's business with other businesses of like nature
and shall make findings of fact from which they shall determine whether
the fee fixed by this bylaw is unfair, unreasonable or discriminatory
as to applicant's business and shall fix as the license fee for the
applicant an amount that is fair, reasonable and nondiscriminatory,
or, if the fee has already been paid, shall order a refund of the
amount over and above the fee so fixed.
The Town Clerk shall issue to each licensee at the time of delivery
of his license a badge which shall contain the words "Licensed Solicitor,"
the period for which the license is issued and the number of the license,
in letters and figures easily discernible from a distance of 10 feet.
Such badge shall, during the time such licensee is engaged in soliciting,
be worn constantly by the licensee on the front of his outer garment
in such a way as to be conspicuous.
Solicitors and canvassers are required to exhibit their licenses
at the request of any citizen.
[Added 10-20-2014 ATM by Art. 16]
No person shall engage in solicitation or canvassing in or upon
any residential property upon which is displayed a sign prohibiting
trespassing or solicitation or canvassing.
It shall be the duty of any police officer of the Town of Lynnfield
to require any person seen soliciting or canvassing, and who is not
known by such officer to be duly licensed, to produce his solicitor's
or canvasser's license and to enforce the provisions of this bylaw
against any person found to be violating the same.
The Chief of Police shall report to the Town Clerk all convictions
for violation of this bylaw, and the Town Clerk shall maintain a record
for each license issued and record the reports of violation therein.
A.
Permits and licenses issued under the provision of this bylaw may
be revoked by the Board of Selectmen of the Town of Lynnfield after
notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained in the application
for license;
(2)
Fraud, misrepresentation, or false statement made in the course of
carrying on business as a solicitor or as a canvasser;
(3)
Any violation of this bylaw;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
or
(5)
Conducting the business of soliciting, or of canvassing, in any 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.
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. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the Town Clerk in the denial of a permit or license as provided in § 192-12 of this bylaw or the action of the Selectmen in the assessing of the fee as provided in § 192-13C of this bylaw shall have the right of appeal to the Board of Selectmen. Such appeal shall be taken by filing with the Selectmen, 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 Selectmen shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 192-19 of this bylaw for notice of hearing on revocation. The decision and order of the Selectmen on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this bylaw
shall expire on December 31 in the year when issued. Other than annual
licenses shall expire on the date specified in the license.
[Added 10-20-2014 ATM by Art. 16]
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
and pay such fees as is required to obtain an initial license.
Any person violating any of the provisions of this bylaw shall, upon conviction thereof, be punished in accordance with Chapter 58, Penalties and Enforcement.
The provisions of these regulations are declared to be severable,
and if any section, sentence, clause, or phrase of this bylaw shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this bylaw, but they shall remain in effect,
it being the legislative intent that this regulation shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of regulations inconsistent with the
provisions of this bylaw shall be and the same are hereby repealed.
These regulations shall take effect from and after May 8, 1981.
