Town of West Boylston, MA

The Selectmen may license suitable persons to be the collectors of, or dealers in, or keepers of shops, for the purchase, sale, or barter of junk, old metals, or second hand articles, and no person shall be a dealer in, or keeper of a shop as aforesaid without a license. The Selectmen may make suitable rules and regulations governing the conduct of such business.

It shall be unlawful for any person, either as a principal or as an agent for any other person, to go in or upon any premises occupied for residential purposes within the Town for the purpose of soliciting or canvassing from any occupant thereof orders for goods, wares and merchandise, or service, or for the purpose of offering to give or furnish any article or service in order to obtain such order without first having applied for and received from the Chief of Police a solicitor's permit to do so.

Any person desiring to procure the solicitor's permit required by this by-law shall apply therefore in writing over his signature to the Chief of Police and such application shall state:

If the Chief of Police shall be satisfied, after reasonable investigation, that no false statements have been made in the application, and that the applicant and/or his employer is reputable, he shall then issue the permit as applied for.

Such permit shall expire on the thirty-first day of December in the year which such permit shall have been issued. There shall be a charge of $25.00 for license fee for the issuance of such permit.

The permit required by this by-law shall be carried at all times by the applicant to whom issued, when soliciting or canvassing in the Town and shall be exhibited by any such applicant whenever he shall be requested to do by any police officer or any person solicited.

No permit to solicit as required by this by-law shall be required in the case of a person who limits his solicitations to the sale of articles for which no license is required in the case of hawkers or peddlers, or of any person holding a hawker’s or peddler’s license, issued in accordance to the law authorizing the holder thereof to be a hawker or peddler within the Town, or in any case of a person holding transient vendor’s license authorizing him to do business in Town.

Any person violating any of the provisions of this by-law shall, upon conviction thereof, be fined not more than fifty dollars ($50.00) for each offense. Each separate solicitation or canvassing, whether occurring on the same day or on preceding or following days, shall constitute a separate offense.

The selectmen may license suitable persons to conduct a small engine repair business. This would consist of the repair of snowmobiles, lawnmowers, chainsaws, snow blowers or other pieces of equipment of a similar nature.

Said license does not apply to automobiles, trucks, vans, recreational vehicles or any other motor vehicles of a similar nature. Fee for said license shall be established by the Board of Selectmen.

4.1. The term "transient vendor," for the purpose of this bylaw, shall be the same as defined in Section 1 of Chapter 101 of the General Laws. The term "outdoor transient vendor," for purposes of this bylaw, shall mean any person, either principal or agent, who engages in any exhibition and sale of goods, wares, or merchandise, in one locality, which business is not conducted in or under a tent, booth, building or other structure.

4.2 Every transient vendor or outdoor transient vendor, before making any sale of goods, wares, or merchandise in the Town, shall apply to the Board of Selectmen for a license and shall accompany such application with a license fee (as set forth in the Board of Selectmen's rules and regulations). Transient vendors must receive written permission from the owner of the property where they are anticipating conducting their business and present this to the Board of Selectmen at the time of application for a license. Thereupon the Board of Selectmen shall issue a license to the applicant, provided that the applicant meets all the requirements that may be established by this bylaw or regulations adopted hereunder.

4.4 Such license shall authorize the sale of goods, wares, and merchandise, and shall remain in force so long as the licensee shall continuously keep and expose for sale in the Town such stock of goods, wares or merchandise, but not later than January 1 following the date of issuance.

4.5 No license shall be granted under this bylaw until the applicant has complied with the provisions of General Laws, Chapter 101, Section 3, and has exhibited to the Board of Selectmen a license by the Director of Standards of the Commonwealth, where applicable.

4.6 No person licensed under this bylaw shall conduct business in such a manner as would impede foot or vehicular traffic along or to a public way or public street or public sidewalk or access road or driveway.

4.7 The Board of Selectmen is hereby authorized to revoke any license under the provisions of this bylaw where the licensee is guilty of violating any provision of this bylaw or regulations adopted by the Board of Selectmen under this bylaw, which violation would make such licensee unfit to hold the license.

4.8 Any person who violates any provision of this Section 4 or regulations adopted hereunder shall be subject to the penalty set forth in Article XXV. Each day such violation occurs or continues shall be a separate offense

4.10 If any clause, sentence, paragraph or section of this bylaw adopted hereunder or the application thereof to any person or circumstances shall for any reason be adjudged by a court to be invalid, such judgment shall not affect, impair or invalidate the remainder of this bylaw or its application.

5.1. The term "hawkers and peddlers," for the purpose of this bylaw, shall be the same as defined in Chapter 101 of the Massachusetts General Laws.

5.2 No person shall go from place to place within the limits of the Town of West Boylston selling or bartering, or carrying for sale or barter or exposing therefor, any goods, wares or merchandise, either on foot or from any animal or vehicle, except as authorized by law, without first obtaining a license to do so from the Board of Selectmen upon payment of a license fee (set forth in the Selectmen's rules and regulations) , said fee to be in conformity with Chapter 101 of the Massachusetts General Laws.

5.5 The provisions of Section 5.2 shall not apply to any hawking or peddling of newspapers, religious publications, ice, flowering plants and flowers, and wild fruits, nuts and berries, provided however that such hawkers and peddlers shall comply with the provisions of this bylaw and regulations adopted by the Board of Selectmen hereunder, and, before the sale of any of these articles, shall record their names and residences with the Board of Selectmen.

5.6 The provisions of Section 5.2 shall not apply to any hawker or peddler who has obtained a license from the Commonwealth of Massachusetts, pursuant to G.L. c.101, § 22, provided however, that such hawkers and peddlers shall comply with the provisions of this bylaw and such regulations as may be adopted by the Board of Selectmen.

5.8 Any person licensed under this bylaw or otherwise shall keep said license in his/her possession which shall be readily available for display. The license shall indicate the license number, and shall include the licensee's signature and date of the license expiration. The licensee shall display such license when requested to do so by any officer or agent of the West Boylston Police Department or the Board of Health.

5.9 No person licensed under this bylaw or otherwise shall conduct business in such a manner as would impede foot or vehicular traffic along or to a public way or public street or public sidewalk or access road or driveway.

5.11 No hawker or peddler shall expose for sale any goods, wares or merchandise until the vehicle or receptacle has been inspected and approved by the Board of Health Agent. Any meats, butter, cheese, fish and fresh fruit or vegetables offered for sale by any hawker or peddler must be inspected by Board of Health Agent.

5.12 Vehicles utilized for the selling of frozen desserts or confections must have installed on said vehicle an amber flashing light visible from the front and rear of the vehicle and such light must be flashing when the vehicle is stopped for the purpose of transacting business.

5.13 Failure to comply with this bylaw or the regulations adopted hereunder may result in suspension or revocation of licenses and/or permits granted hereunder. In addition, a penalty fee for each offense may be assessed. Each day on which said violation continues shall be considered a separate offense.

5.15 If any clause, sentence, paragraph or section of this bylaw adopted hereunder or the application thereof to any person or circumstances shall for any reason be adjudged by a court to be invalid, such judgment shall not affect, impair or invalidate the remainder of this bylaw or its application.

No person shall operate a motel or hotel, as defined in G.L. c.64G, §1(c) §1(e), but excluding private clubs, without securing a permit from the Board of Selectmen in addition to any other permits or licenses required by state or local law or regulations. The Board of Selectmen may promulgate regulations to implement this bylaw, and may revoke the permit for violation of this bylaw and regulations adopted hereunder.

Violation of this bylaw, or of any regulations adopted hereunder, may be enforced through any lawful means in law or in equity by the Board of Selectmen, the Town Administrator, or their duly authorized agents, or any police officer of the Town of West Boylston including, but not limited to, enforcement by non-criminal disposition pursuant to G.L. c.40, §21D. Each day a violation exists shall constitute a separate violation.