It shall be unlawful for any solicitor or canvasser, as defined in this article, to engage in such business within the Town without first obtaining a license therefor in compliance with the provisions of this article. The provisions of this article shall not apply to any person exempted under MGL c. 101 or to any person duly licensed under MGL c. 101 or to any person exempted by another general law, nor shall this article be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.
As used in this article, the following terms shall have the meanings indicated:
- SOLICITOR OR CANVASSER
- Any person who, for himself or herself or for 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 take orders for retail sale of goods, wares, merchandise or services, including, without limitation, the 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 or she is collecting advance payment on such retail sales.
Applicants for a license shall file with the Chief of Police, on a form issued by the Police Department, a written application, signed under the penalties of perjury, containing the following information:
Name of applicant.
Address of applicant (local and permanent home address).
Applicant's height, weight and eye and hair color.
Applicant's social security number.
The length of time for which the right to do business is desired.
A brief description of the nature of the business and the goods to be sold.
The name and home office address of the applicant's employer. If self-employed it shall so state.
A photograph of the applicant, which picture shall be submitted by the applicant and shall be two (2) by two (2) inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
If operating a motor vehicle, the year, make, model, motor number, registration number, state of registration, vehicle's owner and address.
The Chief of Police may waive any provision of this section.
Upon receipt of the application, the Chief of Police shall investigate the applicant's reputation as to morals and integrity.
After an investigation of the applicant's morals and integrity, but within seven (7) calendar days of the filing of the application, the Chief of Police shall endorse on such application approval or disapproval. Failure of the Police Chief to act on said permit within seven (7) calendar days of the applicant's filing shall constitute approval. If disapproved, the applicant shall have the right of appeal to the Town Manager in writing within seven (7) calendar days of the denial by the Chief of Police. The Town Manager must act on the appeal at one (1) of their next two (2) regularly scheduled meetings. Failure to so act shall be deemed approval.
Such license when issued shall contain the signature of the Chief of Police or the Town Manager and shall show the name, address and photograph of said licensee, the date of issuance and the length of time the same shall be operative, as well as the license number. The Police Department shall keep a record of all licenses issued for a period of six (6) years. Solicitors and canvassers, when engaged in the business of soliciting or canvassing, are required to display an identifying badge issued by the Police Department by wearing said badge on an outer garment. Each licensee is required to possess an individual license.
The police officers of the Town shall enforce this article. No license shall be transferred.
Any license granted under this article may be revoked by the Chief of Police upon conviction by the licensee of any crime that, in the judgment of the Chief, warrants such revocation, or upon submission to the Chief of evidence satisfactory to the Chief that, during the term of the license, the licensee has violated any provision of this article, or for any other sufficient cause. Any person aggrieved by such revocation may appeal to the Town Manager within seven (7) calendar days, and a hearing will be scheduled for one (1) of the next two (2) regularly scheduled meetings of the Town Manager.
Each license issued under the provisions of this article shall continue in force from the date of its issue until the 31st day of December following, unless sooner revoked.
A license issued under the provisions of this article 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 as is required to obtain an initial license.
No solicitor or canvasser, licensed or exempted from license, may represent, in any manner, the buyer's right to cancel as stipulated by MGL c. 93, 93(a) and c. 255D.
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.
It shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who or which has displayed a no-trespassing or no-soliciting sign or poster. Further, it shall be unlawful for canvassers or solicitors to ignore a resident's or businessperson's "no solicitation" directive or remain on private property after its owner has indicated that the canvasser or solicitor is not welcome.