§ 9-74. Permit requirements.

(a)

Each transient merchant, peddler or solicitor shall file application for a permit prior to engaging in any activity regulated under this article. Application for such permit shall be made to the chief of police of the city. The applicant shall:

(1)

Present personal photographic identification such as a driver's license.

(2)

If applying for a transient merchant permit, shall present written documentation identifying the parcel of real estate upon which the applicant intends to engage in the activities regulated hereunder, signed by the owner of such parcel or a person authorized to act on behalf of the owner, granting to the applicant the right to enter upon and use the real estate for the purposes regulated hereunder. In the event that the applicant is also the owner of the real estate upon which the activity regulated hereunder is to be conducted, a written statement to that effect, which identifies the real estate in question, shall be sufficient.

(3)

Complete and sign the written application form provided by the city stating:

a.

The name, residence address, business address, telephone number and social security number or federal employer (FID) number of the applicant.

b.

The same information as in subsection (a)(3)a. above for any corporation, trust, partnership, association or individual upon whose behalf the applicant is filing the application.

c.

The permit classification desired (see section 9-72).

d.

The kind of goods or services to be offered.

e.

For transient merchant permits, the address of the real estate where the activity is to be conducted with the name and address of the owner of same.

f.

The description of any and all motor vehicles to be used by the applicant in the course of engaging in the regulated activity.

g.

The names of all persons, whether relatives, employees or agents, who are to participate or assist in conducting the regulated activity.

h.

A statement pursuant to M.G.L.A. c. 62C, § 49A, signed under the pains and penalties of perjury, reciting that the applicant is and shall remain in compliance with the laws, ordinances and regulations of the commonwealth and of the city relative to the payment of sales taxes and such other duties applicable to the goods or services which the applicant intends to offer.

(4)

Submit to fingerprinting, the results of which shall be maintained with the applicant's application; this requirement may be waived by the chief of police upon satisfactory proof of the personal identity of the applicant.

(5)

Each transient merchant, peddler or solicitor shall pay a nonrefundable administration fee of $100.00 for the processing of the required application. This fee shall be waived if the application is for a special transient merchant permit or a special peddler's permit as defined herein.

(b)

The application shall be either approved or denied within 48 hours of the date of filing the application unless the application is first submitted on a Friday or Saturday, in which case the application shall be approved or denied by 5:00 p.m. the Monday next following. In determining whether or not to grant the application and issue a permit, the chief of police shall conduct such reasonable investigation as he/she deems necessary to assure the protection of the public including, but not limited to, inquiry of the director of standards of the commonwealth executive office of consumer affairs, inquiring of the city collector as to whether or not the applicant owes a debt to the city, and inquiry of appropriate public officials as to the record of the applicant for violations of the criminal law.

The chief of police may deny the application and refuse to issue the permit for any of the reasons enumerated in section 9-80. Such denial shall be in writing, shall set forth the reason or reasons for the denial, shall refer to the appeal rights of the applicant as contained in sections 9-80 and 9-81 and shall be delivered to the applicant in person, or by mailing in the U.S. Mail, first class, postage prepaid, addressed to the applicant at the address as set forth on the applicant's application, or by any other means reasonably designed to assure delivery of the denial to the applicant.

Should the chief of police grant the application and issue the permit, the chief of police shall endorse on the application his approval, execute the permit and deliver it to the applicant in person or by mailing in the U.S. Mail, first class, postage prepaid, addressed to the applicant at the address as set forth on the applicant's application.

(c)

Each noncommercial solicitor shall file registration with the chief of police of the city prior to engaging in any activity regulated under this article. The registrant shall:

(1)

Present personal photographic identification such as a driver's license.

(2)

Present proof of registration with the division of public charities of the attorney general of the commonwealth, if any.

(3)

Complete and sign a written registration form provided by the city stating:

a.

The individual's name, residence address and telephone number.

b.

The name and address, if any, of the organization or individual on whose behalf he/she is soliciting with the name and telephone number of a contact person, other than him/herself, for such organization or individual.

c.

The names of all individuals to participate in the solicitation.

d.

The dates during which the solicitation will be conducted within the city.

e.

A description of any motor vehicles to be used in the course of the solicitation.

f.

A statement that the solicitation is being engaged in for charitable, religious or public purposes and not for the personal financial gain of any individual.

g.

A sample of such identifying badge or other emblem as those engaged in the solicitation shall use so as to identify themselves as a person soliciting on behalf of the registered organization or individual.

h.

The requirements of subsections (c)(3)c. and e. above may be waived by the chief of police if submission of this information constitutes a hardship to the applicant which will interfere with the applicant's proposed noncommercial solicitation.

(d)

Upon filing the required registration form, the organization or individual thus registered as noncommercial solicitor shall be entitled to engage in the activity in question without payment of any fee except as may be otherwise required below. The chief of police shall, nonetheless, be entitled to inquire of the division of public charities of the attorney general of the commonwealth as to whether the individual or organization is duly registered therewith and, whether or not he/she or it is so registered, to investigate the character and reputation of the individual or organization by such further investigation as he deems necessary.

Should the investigation result in a determination by the chief of police that the registrant has violated any criminal law, has been found liable for or enjoined from any violation of any state statute intended to protect the public from unfair or deceptive trade practices or has otherwise failed to follow the requirements of this or any similar law, ordinance or regulation, the chief of police may issue an order to the registrant to cease and desist from further activities within the city.

A failure to cease and desist after notification shall be unlawful. A registrant subject to a cease and desist order may challenge it through the process set forth at section 9-81 but must cease and desist from further solicitation pending the conclusion of that process. In the event that the individual or organization seeking to register as a noncommercial solicitor fails to have the identifying badges or emblems referred to at section 9-73(c)(3)g. above, the chief of police shall issue to the registrant a sufficient number of "verification of registration" forms as shall be necessary to give each individual soliciting in conjunction with the registrant one copy. The chief of police may charge a fee, not in excess of $1.00 per form, to defer the cost of providing such form. Such forms shall be provided to the registrant, as required, upon completion of the registration process.

(Ord. No. 1110, § A, 6-3-93)