[HISTORY: Adopted by the Town Meeting as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1988 ATM, Art. 98, as Sec. 140.1 of the General Bylaws]
The Board of Selectmen may license suitable persons to be hawkers or peddlers of merchandise, produce, etc; as provided in MGL c. 101, §§ 16 and 17, and/or amended. Said licensing board may make additional rules and regulations relative to this type of business and may revoke said licenses at its pleasure.
[Adopted 10-18-1993 FATM, Art. 41 (Sec. 140.4, later 140.5, of the General Bylaws)]
As used in this chapter, the following terms shall have the meanings indicated:
- HAWKERS and PEDDLERS
- Shall mean and include any person, either principal or agent who goes from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or exposing therefore any goods, wares or merchandise, either on foot or from any animal or vehicle.
- Any person who for himself, 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, taking or attempting to take orders for the sale or lease of goods, wares, merchandise or services, or taking or attempting to take contributions for any purpose, including without limiting the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature in the future, whether or not such individuals has, carries, or exposes for retail sale a sample of the subject of such sale, whether or not he/she is collecting advance payment on such retail sale.
- TEMPORARY OR TRANSIENT BUSINESS
- An exhibition and sale of goods, wares or merchandise which is carried in any tent, booth, building or other structure or any open lot, unless such place is open for business during usual business hours for a period of at least 12 consecutive months.
- TRANSIENT VENDOR
- Any person, either principal or agent who engages in a temporary or transient business in the Town of Webster selling goods, wares or merchandise, either in one locality or in traveling from place to place.
The provisions of these rules shall not apply to any person residing within the Town of Webster and engaged in the pursuit of soliciting for charitable, benevolent, fraternal, religious or political activities, nor to any person exempt by any other Massachusetts General Laws, nor shall these rules be construed to prevent persons having established customers to whom they make periodic deliveries from calling upon such prospective customers to solicit an order for future periodic deliveries.
It shall be unlawful for any person to peddle or solicit before the hours of 8:30 a.m. of any day, or after the hour of 7:30 p.m. of any day except by appointment.
It shall be unlawful for any peddler or solicitor or any person pretending to be a peddler or solicitor for the purpose of peddling or pretending to peddle or solicit to ring a doorbell or knock at any building where there is painted, affixed or otherwise displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," or "No Agents" or which purports to prohibit peddling or soliciting on the premises.
It shall be unlawful for any solicitor/canvasser or vendor, as defined on the previous page, to engage in such business within the Town of Webster without first obtaining a license to do so.
Hawkers and Peddlers licenses can be obtained from the Commonwealth of Massachusetts Division of Standards, Boston, MA or from the Board of Selectmen, Town of Webster.
[Amended 10-15-2012 FATM, Art. 16]
Each application for a license shall file with the Board of Selectmen, a written application, signed under the penalties of perjury, containing the following information:
Name of applicant.
Address of applicant (local and permanent address).
Applicant's height, weight, eye and hair color.
Applicant's social security number.
Length of time for which the right to do business is desired.
Brief description of the nature of the business and the goods to be sold.
Name and home address of the applicant's employer. If self-employed it shall so state.
A statement as to whether or not the applicant has been convicted of any crime or misdemeanor within 10 years of the date of application, except motor vehicle violations and the nature of the offense.
If operating a motor vehicle, the year, make, color and model, VIN number, registration number, state of registration, vehicle owners name and address.
Each employee of the applicant who will be soliciting/canvassing shall file a written application.
A photograph of the applicant and each of the employees who will be soliciting/canvassing shall be submitted, showing the head and shoulders of the applicant and each individual employee(s). If the applicant and/or the employees do not have a picture, one will be taken of each individual at the Police Department, at the cost of five dollars ($5) each.
For those persons seeking, on a temporary basis, to offer for sale, expose for sale, or sell any goods, wares or merchandise, in any open area, alley or lot, located in the Town, written consent to the issuance of the license at that location from the owner or owners of the premises on or from which he desires to carry on business, and of the tenants of the ground floor of such premises; said owners or tenants shall not demand or accept any special or extra consideration for such consent, but may nevertheless obtain legally negotiated rent from a license holder operating on his premises; note further, however, that when the premises at issue belongs to the Town, consent must be provided by the department having charge of the premises, and further, the Board of Selectmen may fix and collect a rental payment or other fee, consistent with the provisions of MGL c. 30B, for such purposes, unless the licensee is the tenant on the ground floor of the premises at issue, and the character of the merchandise being sold is essentially the same as that being sold said ground floor.
The fee schedule is as follows.
Transient vendors: fifty dollars ($50) per day; one hundred dollars ($100) per weekend (weekends shall be Friday, Saturday and Sunday).
Hawkers and peddlers: license for the Town of Webster, if an individual does not possess a State License: fifty dollars ($50) for a yearly license, one year from the date of issue (issued by the Board of Selectmen).
[Amended 10-15-2012 FATM, Art. 16]
Solicitor/Canvasser: five dollars ($5) for a period of not to exceed six months plus a five-dollar ($5) record check fee for the applicant and each employee and a five-dollar ($5) photograph fee if applicant and employee(s) does not present a two inches by two inches photograph.
Background checks on all the above is five dollars ($5) per individual; the exception is individuals who have a Hawkers and Peddlers license issued by the Commonwealth of Massachusetts.
No personal or business checks will be accepted by this agency. Only cash, certified bank checks or money order, made payable to the Webster Police Department will be accepted.
[Added 10-15-2012 FATM, Art. 16]
Non-compliance of the bylaw will result in a fine of one hundred dollars ($100).