[HISTORY: Adopted by the Town Meeting of the Town of Marion as 10-28-2013 STM by Art. S8 (Art. XXI of the bylaws). Amendments noted where applicable.]
This bylaw and its regulations govern for-profit transient vendors/businesses, hawkers and peddlers, and door-to-door solicitations pursuant to the authority granted the Town of Marion. These regulations are intended to supplement, and not to replace or override, the Massachusetts General Law governing the foregoing activities, all as set forth in MGL c. 101, §§ 1 through 34.
The following terms shall have the meanings set forth in MGL c. 101, § 1 et seq., and are summarized for the purposes of these regulations as follows:
- HAWKER AND PEDDLER
- Any person who goes from place to place within the Town selling goods, whether on foot or in a vehicle, for profit, is a hawker or peddler. (These two terms are interchangeable.)
- For purposes of these regulations, the persons being regulated herein are those persons over the age of 16 who are engaging in the activities regulated herein for or on behalf of for-profit organizations.
- TRANSIENT VENDOR; TRANSIENT BUSINESS
- A transient vendor is a person who conducts a transient business for profit. A transient business (also called a temporary business) is any exhibition and sale of goods, wares or merchandise which is carried on in any structure (such as a building, tent, or booth) unless such place is open for business during usual business hours for a period of at least 12 consecutive months.
The purpose of these regulations is to ensure public safety by requiring persons conducting the foregoing activities, which historically have a high potential for fraud and abuse, to be licensed, either at the state level or local level, so that the Town's citizenry will know who is conducting these activities and that, to the degree set forth herein or in the applicable Massachusetts General Laws, they have identified themselves to the proper authorities, are bonded if required, and satisfy the minimum criteria.
These regulations shall apply to all persons conducting the foregoing activities within the Town of Marion.
Each person engaging in the foregoing activity shall be subject to, responsible for, and fully in compliance at all times with the following requirements:
Persons not registered (licensed) by the commonwealth shall make application for a Marion permit to the Chief of Police, on a form containing the following information or on a form as prepared by the Marion Police Department: the applicant's name, signature, home address, the name and address of the owner or parties in whose interest the business is to be conducted, their business address and phone number, cellular telephone numbers for the applicant and business; a brief description of the business to be conducted within the Town; the applicant's social security number; the description and registration of any motor vehicles used by the applicant; and whether the applicant has ever been charged with a felony. The application shall be made under oath. The applicant shall be photographed for purposes of identification.
The Chief of Police shall approve the application and issue a permit within 48 hours, excluding Saturday, Sunday, and legal holidays, of its filing unless he determines either that the application is incomplete, or that the applicant is a convicted felon, or is a fugitive from justice. The registration card shall be in the form of an identification card, containing the name, signature and photograph of the licensee. Such card shall be nontransferable and valid only for the person identified therein and for the purpose as shown on the license. The card shall be valid for a period of one year from the date of issuance. Any such registration card shall be void upon its surrender or revocation, or upon the filing of a report of loss or theft with the Marion Police Department. The Chief of Police may revoke such registration card for good cause.
Persons registered (licensed) by the commonwealth shall not be subject to the foregoing subsection, but are required to make themselves known to the Marion Police Department by filing a copy of the state license with the Department.
Permit or license to be visibly displayed. Such state or local permit or license shall be displayed at all times while the business activity is being conducted, and shall be provided to any police officer upon request. The license shall also be affixed conspicuously on the outer garment of the licensee whenever he or she shall be engaged in the activity, except in the case of a transient business, when the license shall be displayed visibly within the structure where such business is being conducted. Such permit or license, if issued locally, shall be the property of the Town of Marion and shall be surrendered to the Chief of Police upon its expiration.
Permit fee. The filing of a copy of a state license as required shall not be subject to a fee. The fee for a local permit shall be determined by the Board of Selectmen after consultation with the Chief of Police.
Restrictions on activity.
No solicitations shall be made after 5:00 p.m. or before 8:00 a.m.
No solicitations shall be made on official federal, state or Town holidays or Sundays.
No person may use any plan, scheme or ruse, or make any false statement of fact, regarding the true status or mission of the person making the solicitation.
For good cause, the Chief of Police may further regulate the hours and conditions under which the licensee may engage in door-to-door selling.