(a)
Consent of owner and registration required; registration information.
1.
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.
2.
The registrant shall give:
a.
His/Her complete identification;
b.
His/Her signature;
c.
The name of his/her employer;
d.
The nature of the products or services in which he is interested;
[Amended 6-20-2016 by Ord. No. 16-095]
e.
The names of the manufacturers of such products or the organization
which he is representing;
[Amended 6-20-2016 by Ord. No. 16-095]
f.
The proposed method of operation in the Town.
(b)
SOLICITOR OR CANVASSER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
(c)
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.
(d)
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.
(e)
Issuance of certificate; nighttime solicitation; carrying and display
of certificate.
1.
Each applicant who shows evidence of good character and pays the
fee provided for herein shall be furnished a certificate indicating
that he has registered and showing the dates covered by such registration,
said certificate also bearing the registrant's signature.
[Amended 6-20-2016 by Ord. No. 16-095]
2.
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.
3.
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
