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HomeMy WebLinkAboutArticle 8 - Business and Commerce Provisions.DArticle VIII Business and Commerce Provisions Article VIII: Business and Commerce Provisions Section 1. (Deleted) Section 2. Display of Cash Totals A cash register or any other mechanical device maintained at a check -out counter for totaling the monetary value of customer purchases shall be so placed that the indications may be readily observed by the purchaser when standing in normal position in the area provided for such purchasers. Whoever maintains such a register or device not so placed shall be punished by a fine not exceeding fifty dollars ($50) for each such register or device. Section 3. Junk Collectors 3.1 The Board of Selectmen may license suitable persons to be dealers in and keepers of shops for the purchase, sale or barter of junk, old metals, or second -hand articles, in the town. They may also license suitable persons as junk collectors, to collect, by purchase or otherwise, junk, old metals, and second -hand articles, from place to place in the town, and they may provide that such collectors shall display badges upon their persons or upon their vehicles, or upon both, when engaged in collecting, transporting, or dealing in junk, old metals, or second -hand articles; and may prescribe the design thereof. They may also provide that such shops and all articles of merchandise therein, and any place, vehicle or receptacle used for the collecting or keeping of the articles aforesaid, may be examined at all times by the Board of Selectmen or by any person by them authorized thereto. The aforesaid licenses may be revoked at pleasure, and shall be subject to the provisions of Massachusetts General Laws, Chapter 102, Sections 186 to 189, inclusive, of the Revised Laws, as amended by subsequent Acts of the General Court of Massachusetts. 3.2 Every keeper of a shop for the purchase, sale or barter of junk, old metals, or second -hand articles, within the limits of the town, shall keep a book, in which shall be written, at the time of every purchase of any article, a detailed description thereof, the name, age, and residence of the person from whom, and the day and hour when such purchase was made; such book shall at all times be open to the inspection of the Board of Selectmen and of any person by them authorized to make such inspection; every keeper of such shop shall put in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters; such shop, and all articles of merchandise therein, may be at all times examined by the Board of Selectmen or by any person by them authorized to make such examination; and no keeper of such shop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any of the articles aforesaid of a minor or apprentice, knowing or having reason to believe him to be such, and no article purchased or received by such shopkeeper shall be sold until at least thirty days from the date of its purchase or receipt has elapsed; such shops shall be closed when so ordered by the Board of Selectmen, between the hours of 6 p.m. and 7 a.m., and no keeper thereof and no junk collector shall purchase any of the articles aforesaid during such hours. Section 4. Transient Vendors, Hawkers & Peddlers 4.1 No person shall sell, solicit or display goods, articles, wares or merchandise upon the public ways of the town unless duly licensed so to do, without first having obtained a permit from the Board of Selectmen. 4.2 No person, either principal or agent, shall engage in a temporary transient business in this Town selling goods, wares, periodicals or merchandise, or go door -to -door for any commercial selling purposes or canvassing, without a license issued by the Board of Selectmen. Such person shall make written application, under oath, for such license stating his or her name and address, the name and address of the owner or parties in whose interest said business is to be conducted, and a brief description of the business VIII - 1 Article VIII: Business and Commerce Provisions to be conducted. Such person shall permit the police department to photograph and fingerprint him or her for the purpose of identification. The fee for such license shall be set by the Board of Selectmen. Such license shall be affixed in a prominent place to the outer garment of each licensee whenever he or she shall be engaged in such business so that it may be seen by all prospective customers. The provisions of this section shall not apply to any person conducting a "garage sale," nor to any person who goes door -to- door to sell goods, wares, periodicals or merchandise on behalf of any group organized for any of the purposes described in M.G.L., Ch. 180, s. 2. 4.3 (Deleted by Attorney General) 4.4 No transient vendor, hawker or peddler shall sell or offer or expose for sale any of the article enumerated in Section 17 Chapter 101 of the General Laws or in any act in amendment thereof or any addition thereto until he has recorded his name and residence with the Board of Selectmen, provided, however, that this section shall not apply to religious publications or newspaper which are not of a commercial nature. Every commercial agent or other person selling by sample, lists, catalogues or otherwise for future delivery, and every person licensed under the preceding section as a transient vendor, hawker or peddler shall record his name and residence in like manner with the Board of Selectmen before conducting any business within the Town. 4.5 No person hawking, peddling, or carrying or exposing any articles for sale, shall cry his wares to the disturbance of the peace and comfort of the inhabitants of the Town, nor otherwise than in vehicles and receptacles which are neat and clean and do not leak. 4.6 Every transient vendor, hawker and peddler licensed by the Board of Selectmen shall be assigned a number and shall be provided by the Board of Selectmen with a badge which shall be conspicuously worn by him; and every other such hawker and peddler as described in subsection 4.4 shall provide himself with a badge of such type and design as may be approved by said Board of Selectmen, which he shall wear in like manner. Whoever neglects to wear, or wears such badge without authority, shall be punished by the penalty provided in subsection 4.11. 4.7 Every vehicle or other receptacle used by a licensee as a conveyance for articles offered or exposed for sale by him shall have attached thereto on each side a number plate, to be furnished by the Town with his license, bearing the number and date of expiration of such license. 4.8 No person shall be registered or assigned a badge or number plate under the provisions of subsections 4.6 and 4.7, until he presents a certificate from the Sealer of Weights and Measures stating that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law. The use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his license, or the cancellation of his registration. 4.9 Nothing in these Bylaws shall be construed as conflicting with any license issued under the authority of the Commonwealth. 4.10 Any license granted under Article VIII, Section 4 of these Bylaws or any Bylaw amendments or additions, may be revoked by the Board of Selectmen. 4.11 Whoever violates any provision of Article VIII, Section 4 of these Bylaws shall be punished by a fine not exceeding three hundred dollars ($300) for each offense. Section 5. (Deleted 1998 Annual Town Meeting) VIII - 2 Article VIII: Business and Commerce Provisions Section 6. Licensing and Display of Motor Vehicles 6.1 Classification As provided in M.G.L., Ch. 140, s. 58, motor vehicles shall be classified as follows: Class I ...................... ............................New Vehicles Class II ...................... ...........................Used Vehicles Class III ..................... ...........................Junk Vehicles 6.2 Licensing Pursuant to M.G.L., Ch. 140, ss. 57 -59, all Class I, II and III motor vehicle dealer licenses must be renewed on January 1st of each year. The Board of Selectmen or their designee shall be responsible for the granting or renewal of said licenses. In addition to the requirements imposed by M.G.L., to be eligible for a motor vehicle dealer's license, an applicant must: 1. have the sale of motor vehicles their principal business. 2. maintain or demonstrate access to repair facilities sufficient to enable the dealer to satisfy the warranty repair obligations imposed by state statute. This provision shall apply to Class I & II dealers only. 3. have a valid special permit granted by the Zoning Board of Appeals unless otherwise "grandfathered" from this provision 4. have all property taxes and fees paid to and documented by the Town Treasurer. 5. have the site of the dealership inspected by the designated town departments to determine if all conditions of the special permit and all safety regulations are met. 6.3 Outdoor Display of Motor Vehicles Motor vehicles for sale or lease may not be displayed more than one foot above finished grade, nor on buffer areas designed for landscaping. VIII - 3