§ 9-83. Exemptions.

(a)

This article shall not apply to any of the following:

(1)

Any person, whether principal or as employee or agent therefor, who engages in temporary or transient business in the city upon whose stock in trade the city has assessed taxes in the current calendar year.

(2)

Any person who would otherwise be regulated as a peddler by the terms of this article who has a fixed, nontemporary place of business within the commonwealth, who regularly delivers goods, services or wares to customers within the city and who does not customarily solicit direct sales from place to place within the city.

(3)

Any person who would otherwise be regulated as a transient merchant or peddler who engages in the sale of:

a.

Fish obtained by his/her own labor or the labor of his/her immediate family.

b.

Fruits, vegetables, flowers, flowering plants and other farm products raised or produced through his/her own labor or the labor of his/her immediate family.

c.

Wild or uncultivated flowers, flowering plants, fruits, nuts and berries which are collected by virtue of his/her own labor or the labor of his/her immediate family.

d.

Dairy products, other than the sale of frozen desserts, who has a valid license pursuant to M.G.L.A. c. 94, § 40.

(b)

No person whose activities are otherwise regulated by the terms of this article shall be relieved or exempted from the provisions and requirements of this article by reason of associating him/herself temporarily with any dealer, trader or merchant who maintains a nontemporary place of business within the city or by conducting temporary or transient business in connection with, as part of the business of, or in the name of any local dealer, trader or merchant.

(c)

It shall be the responsibility of any person whose activities appear to the chief of police of the city to be regulated hereunder to provide, upon reasonable request, such material as the chief of police deems sufficient, to establish an exemption from the terms of this article. Failure to produce such information may result in a finding by the chief of police that the activity is subject to the requirements of this article. A continued exercise of activity that the chief of police has determined to be regulated hereunder by such person, after notice and without obtaining the necessary permit, shall be unlawful.

(Ord. No. 1110, § A, 6-3-93)