Consent of owner and registration required; registration information.
It shall be unlawful for any person to engage in business as a canvasser or solicitor calling at residences without the previous consent of the occupant, for the purpose of soliciting orders, sales, subscriptions or business of any kind or seeking information or donations, without first having registered with the Mayor or with such board or officer designated by the Mayor.
The registrant shall give:
His/Her complete identification;
The name of his/her employer;
The nature of the products or services in which he/she is interested;
The names of the manufacturers of such products or the organization which he/she is representing;
The proposed method of operation in the Town.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- SOLICITOR OR CANVASSER
- Any person who, for himself or another 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 to take orders for retail sale of goods, wares, merchandise, services or donations, including without limitation selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements or for services to be performed in the future, whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sales.
Exceptions. This section should not be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers.
Registration fee. Each registrant shall pay to the board or officer as designated by the Mayor a registration fee as established by said board or officer in accordance with § 5-305 of these ordinances for a period expiring one year from the date of said registration.
Issuance of certificate; nighttime solicitation; carrying and display of certificate.
Each applicant who shows evidence of good character and pays the fee provided for herein shall be furnished a certificate indicating that he or she has registered and showing the dates covered by such registration, said certificate also bearing the registrant's signature.
Such registration certificate shall expressly require and be issued only upon the condition that each person who intends to solicit or canvass in the Town after the hour of 6:00 p.m. shall, on every such day, inform the Weymouth Police Department of the streets or neighborhood in which the intended solicitation or canvassing is to occur.
Each person shall, at all times while soliciting or canvassing in the Town, carry upon his person the registration certificate, and the same shall be exhibited by such registrant whenever he is required to do so by any police officer or by any person solicited.
Nonapplicability. The provisions of this section shall not apply to officers or employees of the Town, county, state or federal government, or any subdivision thereof, when on official business, or to a person soliciting solely for religious, charitable or political purposes; nor shall this section apply to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns.
Revocation of registration. Any such registration may be revoked by the Mayor or the Chief of Police because of any violation by the registrant of this section or of any other ordinance of the Town or any state or federal law or whenever the registrant shall cease to possess the qualifications and character required in this section for the original registration.
Misrepresentation prohibited. No solicitor or canvasser licensed or exempted from license may use any plan, scheme or ruse 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.
Penalties. Any person who commits an unlawful act, described in this section, or violates any of the provisions of this section or carries on the business after such person's registration is revoked shall be punished for each offense by a fine of not more than $300 per offense.
Unless in a building, no business, professional or artistic enterprise shall be conducted without first having obtained an outdoor business license from the Board of Licensing Commissioners.
The provisions of this section shall not apply to: amusements licensed under MGL c. 140; agricultural enterprises; sale of fruits and vegetables; flower and garden products and supplies when displayed out of doors but sold from a building on the property maintained primarily for that purpose; display of vehicles, including rented or leased, from a building on the property maintained primarily for that purpose; recreational activities; sporting events; building supplies where displayed out of doors but sold from a building on the property maintained primarily for that purpose; sale of newspapers and religious publications; licensed hunting and fishing activities; appropriately authorized activities on Town-owned property; construction and maintenance of buildings, property, roads, sidewalks, etc.; activities of a restaurant when properly licensed; transportation activities; fueling and refueling activities; licensed kennels and stables; communications activities; unauthorized activities of a properly licensed hawker or peddler; activities of public utilities; collection and disposal of waste; or the display of merchandise when displayed out of doors but sold from a building maintained primarily for this purpose.
No person shall be relieved or exempted from the provisions of this section by reason of temporary association with any local dealer, trader or merchant, or by lease of all or part of a parcel of land, or by conducting his business in connection with, or as part of, the business of, or in the name of, any local dealer, trader or merchant.
The fee for an outdoor business license shall be $400 annually. The fee for an outdoor business license shall be $200 when issued after October 15. Licenses issued under this section shall expire on December 31 annually. The Board of Licensing Commissioners may, under such conditions as it may deem proper, grant to any organization engaged in charitable work, a special license authorizing it, for a particular time period not to exceed a total of four days, to be stated in the license, and for a charitable purpose stated in such license, to conduct under its control an outdoor business, professional, or artistic enterprise for a fee of $25, provided that the applicant demonstrates a substantial benefit to the charity and to the Town. The Board of Licensing Commissioners may issue a special license for charitable purposes authorizing the sale of Christmas trees for a period not to exceed 45 days.
The Board of Licensing Commissioners may make regulations not inconsistent with the provisions of this section for clarifying the provisions of this section and to describe the methods, conditions, and form of application, and may place reasonable restrictions on any license granted under this section when, in its opinion, it is in the best interest of the Town of Weymouth to do so.
Copies of all permits issued hereunder shall be forwarded to the Chief of the Weymouth Police Department, where they shall be kept on file for enforcement purposes.
Penalties. Whoever violates the provisions of this section shall be punished by a fine not to exceed $300. Any violation of this section may be enforced by the methods provided in MGL c. 40, § 21D.