TRANSIENT VENDORS, HAWKERS AND PEDLERS

M.G.L. pt. Part I, tit. Title XV, ch. c. 101

in effect

M.G.L. c. 101, § 1 Definitions

c. 101, § 1. Definitions Section 1. The following words shall for the purposes of this chapter have the following meanings, unless the context requires otherwise:— ''Deputy director'', the deputy director of standards in the office of consumer affairs and business regulation. ''Promoter'', a business or person who operates for the purpose of either directly or indirectly, renting, leasing or granting a license to use space to any vendor for the display for sale or for the sale of tangible personal property or services subject to tax under chapter 64H; provided, however, that this shall not include a state or county fair as defined in section 1 of chapter 128A; and provided further, that a promoter licensed under this chapter shall comply with sections 8A and 67A of chapter 62C or any regulations pursuant thereto as required by the commissioner of revenue. ''Tangible personal property'', personal property of any nature consisting of any produce, goods, wares, merchandise and commodities whatsoever, brought into, produced, manufactured or being within the commonwealth. ''Temporary or transient business'', an exhibition and sale of goods, wares or merchandise which is carried on in a tent, booth, building or other structure unless such place is open for business during usual business hours for a period of at least 12 consecutive months; provided, however, that this shall not include a business operating under a written agreement with a licensed promoter. ''Transient vendor'', a person, either principal or agent, who engages in a temporary or transient business in the commonwealth selling goods, wares or merchandise, either in 1 locality or in traveling from place to place; provided, however, that this shall not include a person operating under a written agreement with a licensed promoter. ''Usual business hours'', the time period during which similar businesses in the community conduct business. ''Written operating agreement'', a written agreement between a promoter, licensed under section 3A and a vendor to conduct business at any location.

M.G.L. c. 101, § 2 Application of provisions of chapter relative to transient vendors

c. 101, § 2. Application of provisions of chapter relative to transient vendors Section 2. The provisions of this chapter relative to transient vendors shall not apply to sales by commercial travelers or by selling agents to dealers in the usual course of business, or to bona fide sales of goods, wares or merchandise by sample for future delivery, or to sales of goods, wares or merchandise by any domestic corporation or agent thereof, by any person, whether principal or agent, who engages in temporary or transient business in any town in which taxes have been assessed upon his stock in trade during the current year, or to hawkers and pedlers as defined in section thirteen, nor shall they affect the right of any town to pass ordinances or by-laws authorized by law relative to transient vendors. No transient vendor shall be relieved or exempted from the provisions and requirements of this chapter relative to transient vendors by reason of associating himself temporarily with any local dealer, trader or merchant, or by conducting such temporary or transient business in connection with or as a part of the business of, or in the name of any local dealer, trader or merchant.

M.G.L. c. 101, § 3 Transient vendors; license; application; special deposit; bond; conditions; fees; rules and regulations; renewals

c. 101, § 3. Transient vendors; license; application; special deposit; bond; conditions; fees; rules and regulations; renewals Section 3. Every person before commencing business in the commonwealth as a transient vendor, whether as principal or agent, shall make written application, under oath, for a state license to the deputy director stating the names and residences of the owners or parties in whose interest said business is to be conducted, and shall make a special deposit of five hundred dollars with the deputy director or shall give a bond in the sum of five hundred dollars, payable to the deputy director and his successors, with sureties approved by the deputy director, conditioned upon (1) compliance with the provisions of this chapter relative to transient vendors, (2) payment of all fines or penalties incurred by him through violations of such provisions, and (3) payment or satisfaction of any judgment obtained against him in behalf of any creditor whose claim arises in connection with the business done under the licensee's state license and who, before the expiration of sixty days from the return or surrender of said license or the filing of an affidavit of its loss, shall have given due notice of his claim to the deputy director. Thereupon, upon the payment of a fee, as determined annually by the commissioner of administration under the provision of section three B of chapter seven, the deputy director shall issue to him a state license authorizing him to do business as a transient vendor, subject to such local rules and regulations as may be made in a city by the mayor and city council and in a town by the selectmen. Such license shall expire 3 years from the date thereof or on the day of its surrender or of the filing of an affidavit of its loss, if it is earlier surrendered or if such affidavit is earlier filed. Such license shall contain a copy of the application therefor and of any statements required under section seven, and shall not be transferable. It shall not authorize more than one person to sell goods, wares or merchandise as a transient vendor either by agent or clerk or in any other way than in his own proper person, but a licensee may have the assistance of one or more persons in conducting his business who may aid him but not act for or without him.

M.G.L. c. 101, § 3A Written application for promoter license; fees; written operating agreements with vendors

c. 101, § 3A. Written application for promoter license; fees; written operating agreements with vendors Section 3A. (a) Each business or person, before commencing business as a promoter, shall make a written application, under oath, for a license to the deputy director stating the names and residences of the owners or parties in whose interest the business is to be conducted. Upon the payment of the fee under the fee schedule in subsection (b) the deputy director shall issue a license granting the authority to do business as a promoter. A license shall expire 1 year from the date thereof or on the day of its surrender or of the filing of an affidavit of its loss, if it is earlier surrendered or if such affidavit is earlier filed. The license shall contain a copy of the application therefore and shall not be transferable. (b) For the purpose of determining a single show for this chapter, the conduct of an activity or event described in the definition of ''show'' in section 1 of chapter 62C held on a single day in the commonwealth shall constitute a single show. The fee schedule for a license as a promoter shall be as follows: $200 for 1 to 9 single shows to be held per year; $300 for 10 to 19 single shows to be held per year; $400 for 20 to 29 single shows to be held per year; $500 for 30 to 39 single shows to be held per year; $600 for 40 to 49 single shows to be held per year; and $1,000 for over 50 single shows to be held per year. (c) Each promoter licensed to conduct business shall maintain a copy of the written operating agreement with each vendor which shall include documentation regarding the identity and location of each vendor, including social security number or tax identification number and a general description of merchandise sold by each vendor. The promoter shall maintain such records for a period of not less than 12 months. The deputy director or law enforcement authorities may request a promoter to provide the records. A promoter licensed under this section shall comply with sections 8A and 67A of chapter 62C or any regulations pursuant thereto as required by the commissioner of revenue.

M.G.L. c. 101, § 4 Filing of applications; records; inspection

c. 101, § 4. Filing of applications; records; inspection Section 4. The deputy director shall keep on file all applications for such licenses and a record of all licenses issued thereon. All files and records of the deputy director and of the respective town clerks shall be in convenient form and open to public inspection.

M.G.L. c. 101, § 5 Local license; application; fee; statement of transient vendor; certificate; endorsement of town clerk

c. 101, § 5. Local license; application; fee; statement of transient vendor; certificate; endorsement of town clerk Section 5. Every transient vendor, before making any sales of goods, wares or merchandise in a town, shall make application to the aldermen or selectmen or other board authorized to issue such licenses and, unless the fee therefor is fixed as hereinafter provided, shall file with them a true statement, under oath, of the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by him for sale. Said board shall submit such statement to the assessors of the town, who, after such examination and inquiry as they deem necessary, shall determine such average quantity and value, and shall forthwith transmit a certificate thereof to said board. Thereupon the board shall authorize the town clerk, upon the payment by the applicant of a fee equal to the taxes assessable in said town under the last preceding tax levy therein upon an amount of property of the same valuation, to issue to him a license authorizing the sale of such goods, wares and merchandise within the town. The board may, however, authorize the issue of such license without the filing of said statement as aforesaid, upon the payment of a license fee fixed by it. Upon payment of such fee, said town clerk shall thereupon issue such license, which shall remain in force so long as the licensee shall continuously keep and expose for sale in such town such stock of goods, wares or merchandise, but not later than the first day of January following its date. Upon such payment and proof of payment of all other license fees, if any, chargeable upon local sales, such town clerk shall record the state license of such transient vendor in full, shall endorse thereon ''local license fees paid'' and shall affix thereto his official signature and the date of such endorsement.

M.G.L. c. 101, § 6 Neglect or refusal by transient vendor to file statement; false representations

c. 101, § 6. Neglect or refusal by transient vendor to file statement; false representations Section 6. Any transient vendor who neglects or refuses to file the statement described in the preceding section, if required by the aldermen, selectmen or other like board, or makes a false or fraudulent representation therein, shall be punished by a fine of not less than five nor more than twenty dollars for each day on which he keeps or exposes for sale any goods, wares or merchandise.

M.G.L. c. 101, § 6A Power of attorney in applications for licenses; appointment of deputy director as lawful attorney; service of process

c. 101, § 6A. Power of attorney in applications for licenses; appointment of deputy director as lawful attorney; service of process Section 6A. Every application under sections three to five, inclusive, for a transient vendor's license shall contain an irrevocable power of attorney, in such form as the deputy director may prescribe, constituting and appointing, in case the license applied for is issued, the deputy director, or his successors in office, the true and lawful attorney of the applicant upon whom may be served all lawful process in any action or proceeding against him growing out of the transaction of business by him within this commonwealth under the license, and containing an agreement that any process against him which is so served shall, if he is notified of such service as hereinafter provided, be of the same legal force and validity as if served on him personally and that the mailing by the deputy director of a copy of such process to him at his last address as appearing on the deputy director's records shall be sufficient notice to him of such service. Service of such process shall be made by leaving duplicate copies thereof with a fee, as determined annually by the commissioner of administration under the provision of section three B of chapter seven, in the hands of the deputy director, or in his office, and the deputy director shall forthwith send one of said copies by mail, postage prepaid; addressed to the defendant at his last address as appearing on the deputy director's records; and an affidavit of the deputy director, or of any person authorized by him to send such copy, that such copy has been so mailed shall be prima facie evidence thereof. One of the duplicates of such process, certified by the deputy director as having been served upon him, shall be sufficient evidence of service upon him under said power of attorney. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.

M.G.L. c. 101, § 7 Advertisement of bankrupt, closing out, administrator's and fire sales; statement of character and reasons for special sale

c. 101, § 7. Advertisement of bankrupt, closing out, administrator's and fire sales; statement of character and reasons for special sale Section 7. No transient vendor shall advertise, represent or hold forth any sale as an insurance, bankrupt, insolvent, assignee's, trustee's, executor's, administrator's, receiver's, wholesale, manufacturers' wholesale or closing out sale, or as a sale of any goods damaged by smoke, fire, water or otherwise or in any similar form, without first making a sworn statement to the deputy director, either in the original application for a state license or in a supplementary application, of all the facts relating to the reasons for and character of such special sale so advertised or represented, and of the names of the persons from whom the goods, wares or merchandise were obtained, the date of delivery to the person applying for or holding the license, the place from which said goods, wares or merchandise were last taken, and all details necessary to exactly locate and fully identify all such goods, wares or merchandise.

M.G.L. c. 101, § 8 Selling without license; false statements in license application

c. 101, § 8. Selling without license; false statements in license application Section 8. No transient vendor shall sell or expose for sale, at public or private sale, any goods, wares or merchandise without state and local licenses therefor, properly endorsed, nor shall any person, either principal or agent, advertise by circular, handbill, newspaper or in any other manner any such unlicensed sales. No transient vendor shall file any application, original or supplementary, containing any false statement.

M.G.L. c. 101, § 9 Penalty for violation of Sec. 7 or 8

c. 101, § 9. Penalty for violation of Sec. 7 or 8 Section 9. Violations of section seven or eight shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months, or both.

M.G.L. c. 101, § 10 Action for recovery of local license fee

c. 101, § 10. Action for recovery of local license fee Section 10. If a person liable for the license fee required by section five refuses or neglects to pay the same after demand by the clerk of the town in which he intends to sell goods, wares and merchandise, the clerk may maintain an action of contract therefor in his own name for the benefit of such town.

M.G.L. c. 101, § 11 Return or surrender of state license; cancellation; affidavit of loss; notice

c. 101, § 11. Return or surrender of state license; cancellation; affidavit of loss; notice Section 11. Upon the expiration and return, or surrender before expiration, of each state license, the deputy director shall cancel the same, endorse the date of return or surrender thereon, and place the same on file. If a license is lost he may accept in lieu of the return or surrender thereof an affidavit to that effect, which shall be so endorsed and filed. He shall hold the special deposit of the licensee for sixty days after the return or surrender of the license or the filing of such affidavit and, after satisfying or making provision in accordance with the following section for all claims made upon the same under said section, shall return the surplus, if any, to said licensee; or, if said licensee has given a bond in lieu of said deposit, the deputy director shall, after said sixty days and after all claims made under the following section have been satisfied or settled, cancel said bond and notify said licensee and the surety on said bond.

M.G.L. c. 101, § 12 Attachment of special deposit; execution; notice of claim; payment of fines and penalties

c. 101, § 12. Attachment of special deposit; execution; notice of claim; payment of fines and penalties Section 12. Each deposit made with the deputy director shall, during the term of the licensee's license and for sixty days after the return or surrender thereof or the filing of an affidavit of its loss, be subject to attachment and execution in behalf of any creditor of the licensee whose claim arises in connection with the business done under his state license and who gives notice of such claim to the deputy director during such period, and the deputy director may be held to answer as trustee, under the trustee process, in any civil action in contract or tort brought against said licensee for such claim and shall pay over upon execution such amount of money as he may be chargeable with upon his answer. Said deposit shall also be subject to the payment of any fine or penalty imposed on the licensee for violation of any provision of the eleven preceding sections; provided, that written notice of the name of said licensee and of the amount of such fine or penalty is given during such period to the deputy director by the clerk of the court in which, or the trial justice by whom, such fine or penalty was imposed. No payment of any part of said deposit shall be made to the licensee unless so much thereof is retained as is required to discharge all claims, fines and penalties of which notices have been given to the deputy director as herein provided and which remain undecided or unpaid. Upon the giving of notice as herein provided, a bond given in lieu of such deposit may be put in suit by any such creditor to recover the amount of such claim or by any such clerk of court or trial justice to recover the amount of such fine or penalty. If the licensee has made a deposit, the deputy director shall, until said deposit is exhausted, pay or make provision for the payment of all such claims, fines and penalties in the order in which notices thereof were received by him. If the licensee has given a bond, the order in which persons entitled to all such claims, fines and penalties shall recover on the bond shall, until the penal sum of the bond is exhausted, be determined by the order in which notices thereof were received by the deputy director.

M.G.L. c. 101, § 12A Special licenses relating to transient sales for charitable purposes

c. 101, § 12A. Special licenses relating to transient sales for charitable purposes Section 12A. The selectmen in a town or in a city such board or officer as may be designated by ordinance, may, under such conditions as they may deem proper, grant to any organization engaged in charitable work or to a post of any incorporated organization of veterans who served in the military or naval service of the United States in time of war or insurrection a special license authorizing it, for a particular time period not to exceed a total of four days to be stated in such license, and for a charitable purpose stated in such license, to conduct under their control a temporary or transient business in which transient vendors participating in such sales shall not be subject to the provisions of sections three to twelve, inclusive. Cities and towns may regulate such sales by ordinance, by-law or by local rules and regulations as may be made in a city by the mayor and city council and in a town by the selectmen. The exercise of the licenses hereby provided for shall be subject to the provisions of all statutes, ordinances, by-laws, rules and regulations not inconsistent herewith.

M.G.L. c. 101, § 13 Hawker and pedler defined

c. 101, § 13. Hawker and pedler defined Section 13. Except as hereinafter expressly provided, the terms ''hawker'' and ''pedler'' as used in this chapter 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 therefor, any goods, wares or merchandise, either on foot, on or from any animal or vehicle.

M.G.L. c. 101, § 14 Unauthorized selling or bartering by hawker or pedler

c. 101, § 14. Unauthorized selling or bartering by hawker or pedler Section 14. A hawker or pedler who sells or barters or carries for sale or barter or exposes therefor any goods, wares or merchandise, except as permitted by this chapter, shall forfeit not more than two hundred dollars, to be equally divided between the commonwealth and the town in which the offence was committed.

M.G.L. c. 101, § 15 Application of provisions of chapter relating to hawkers and peddlers

c. 101, § 15. Application of provisions of chapter relating to hawkers and peddlers Section 15. The provisions of this chapter relating to hawkers and peddlers shall not apply to wholesalers or jobbers selling to dealers only, nor to commercial agents or other persons selling by sample, lists, catalogues or otherwise for future delivery, nor to any dealer regularly engaged in supplying customers with fuel oil for heating or cooking purposes from a fixed place of business within the commonwealth and who does not customarily solicit direct sales from house to house or by means of outcry, sign or signal, nor to any person who peddles only fish obtained by his own labor or that of his family, fruits, vegetables or other farm products raised or produced by himself or his family, nor to persons selling articles for charitable purposes under section thirty-three, nor to persons licensed under section forty of chapter ninety-four with respect to the sale by them of eggs, or milk, skimmed milk, cream, butter, cheese or other milk products, except frozen desserts as defined in section sixty-five G of said chapter ninety-four.

M.G.L. c. 101, § 16 Sale by hawkers or pedlers of certain articles; temporary licenses

c. 101, § 16. Sale by hawkers or pedlers of certain articles; temporary licenses Section 16. The sale by hawkers or pedlers of jewelry, furs, wines or spirituous liquors, small artificial flowers or miniature flags is prohibited. This prohibition shall not apply to costume jewelry, so called, with a dollar value of not more than ten dollars per piece made by a nonprofit or charitable organization. Nothing in this section shall be construed to prevent the granting of temporary licenses under section thirty-three for the sale of small artificial flowers or miniature flags. For the purposes of this section, a ''small artificial flower'' shall mean any artificial flower the blossom or body of which does not exceed two and one quarter inches in any dimension.

M.G.L. c. 101, § 16A Sale by hawkers or peddlers of frozen desserts on or from motor vehicle; flashing lights required

c. 101, § 16A. Sale by hawkers or peddlers of frozen desserts on or from motor vehicle; flashing lights required Section 16A. Any hawker or peddler who sells frozen desserts, as defined in section sixty-five G of chapter ninety-four, on or from a motor vehicle, shall equip such vehicle with a flashing amber dome light and front and rear warning lights which shall flash alternately and which shall be kept flashing when such vehicle is stopped for the purpose of selling frozen desserts.

M.G.L. c. 101, § 17 Sale by hawkers or peddlers of certain articles without license

c. 101, § 17. Sale by hawkers or peddlers of certain articles without license Section 17. Hawkers and peddlers may sell without a license newspapers, religious publications, ice, flowering plants and such flowers, fruits, nuts and berries as may be wild or uncultivated. The aldermen or selectmen, may by regulations not inconsistent with this chapter, regulate the sale or barter and the carrying for sale or barter or exposing therefor by hawkers and peddlers of such articles without the payment of a fee may, in like manner require hawkers and peddlers, whether adults or minors, to be licensed except as otherwise provided and may promulgate regulations governing the same provided, however, that the license fee shall not exceed that prescribed by section 22. Such regulations may, in like manner, affix penalties for violations of such regulations not to exceed the sum of $20 for each such violation. A hawker and peddler licensed under this section shall not be required to be licensed under said section 22.

M.G.L. c. 101, § 18 Sale by hawkers or pedlers without license

c. 101, § 18. Sale by hawkers or pedlers without license Section 18. Articles other than those the sale of which is licensed, or permitted without a license, under the preceding section, and not prohibited by section sixteen, shall not be sold by hawkers or pedlers unless duly licensed as hereinafter provided.

M.G.L. c. 101, § 18A Food for sale for consumption by infants; drugs

c. 101, § 18A. Food for sale for consumption by infants; drugs Section 18A. Food manufactured and packaged for sale for consumption by a child under the age of two years, or a drug as defined in section one of chapter ninety-four shall not be offered for sale or sold at a flea market, so-called. Any person violating the provisions of this section shall be punished by a fine of not more than one hundred dollars for each item so offered for sale or sold.

M.G.L. c. 101, § 19 Trade or sale of bootblacking by minors; permits

c. 101, § 19. Trade or sale of bootblacking by minors; permits Section 19. The aldermen or selectmen may make regulations consistent with the general laws relative to the exercise of the trade of bootblacking by minors, and to the sale or barter by minors of any goods, wares or merchandise the sale of which is permitted without a license by section seventeen, and may prohibit such trade or such sales, or may require a minor to obtain from them a permit therefor to be issued on terms and conditions prescribed in such regulations; provided, that in the case of girls under the age of eighteen years and of boys under the age of sixteen years the foregoing powers in cities shall be vested in and exercised by the school committee. No permit issued to a minor under this section nor badge issued to him under sections sixty-nine to seventy-three, inclusive, of chapter one hundred and forty-nine shall authorize the sale by a minor of any article, other than those which may be sold without a license under section seventeen, except that a badge so issued may authorize, in addition, the sale of magazines and other periodicals and song sheets, so called. A minor who sells such article or exercises such trade without a permit, if one is required, or who violates the conditions of his permit or any provision of said regulations, shall be punished by a fine of not more than ten dollars.

M.G.L. c. 101, § 20 Permitting or aiding minor to violate Sec. 19 or 34

c. 101, § 20. Permitting or aiding minor to violate Sec. 19 or 34 Section 20. No person, having a minor under his control, shall knowingly permit such minor to violate any provision of section nineteen or any provision of section thirty-four, nor shall any person procure or employ a minor to commit any such violation, nor shall any person, either for himself or as agent of any other person, furnish or sell to a minor any article the sale of which is permitted without a license by section seventeen, with knowledge that such minor would be selling such article in violation of section nineteen or in violation of section thirty-four, or after having received written notice to that effect from the school committee or any other officer charged with the enforcement of said section nineteen or said section thirty-four. Violation of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.

M.G.L. c. 101, § 21 Employing or permitting minor to engage in hawking or peddling without permit or license

c. 101, § 21. Employing or permitting minor to engage in hawking or peddling without permit or license Section 21. Whoever employs a minor in, or, having the care or custody of a minor, permits such minor to engage in, hawking or peddling without a permit or license, if one is required, or permits him to engage in selling door-to-door for future delivery without a certificate pursuant to section thirty-four, or for himself or as agent of any other person, furnishes or sells to a minor any article with knowledge that the minor would be selling such article in violation of the provisions of this chapter relative to hawkers and peddlers or in violation of the provisions of this chapter relative to those who sell door-to-door, shall be punished by a fine of not more than five hundred dollars, to be equally divided between the commonwealth and the town in which the offense was committed, or by imprisonment for not more than six months.

M.G.L. c. 101, § 22 License; hawkers and peddlers; certificate of police chief; fees; special state licenses; rules and regulations

c. 101, § 22. License; hawkers and peddlers; certificate of police chief; fees; special state licenses; rules and regulations Section 22. The deputy director may grant a license to go about carrying for sale or barter, exposing therefor and selling or bartering any goods, wares or merchandise, the sale of which is not prohibited by section 16, to a person who is or has declared an intention to become a citizen of the United States and who files with the deputy director a completely executed application to be furnished by the deputy director and on which shall be a certificate which shall be signed by the chief of police of the city or town in which the applicant resides which shall state that to the best of his knowledge and belief the applicant therein named is of good repute as to morals and integrity. The deputy director may grant, as aforesaid, special licenses upon payment by the applicant to the deputy director of a fee, as determined annually by the commissioner of administration under the provision of section 3B of chapter 7 and the licensee may go about carrying for sale or barter, exposing therefor and selling or bartering in any city or town any meats, butter, cheese, fish, fruits, vegetables or other goods, wares or merchandise, the sale of which is not prohibited by statute. A hawker or peddler licensed under this section shall not be required to be licensed under section 17. A hawker or peddler licensed under this section shall be subject to such local rules and regulations as may be made in a city by the mayor and city council and in a town by the board of selectmen.

M.G.L. c. 101, § 22A License for sale of prepared food; requisites

c. 101, § 22A. License for sale of prepared food; requisites Section 22A. No license shall be issued pursuant to section twenty-two to a person for the business of selling or exposing for sale from a mobile vending or peddling vehicle prepared food, meals or lunches intended to be consumed by the purchaser without further preparation or processing thereof by the purchaser, unless a certificate of registration as required by section three hundred and five C of chapter ninety-four has been issued for the premises or place of business at which such food, meals or lunches are prepared, handled or processed. The location of said premises or place of business and the fact that they have been so registered shall be endorsed upon the license issued under said section twenty-two.

M.G.L. c. 101, § 24 Special licenses to veterans and blind persons; authority to sell on public streets

c. 101, § 24. Special licenses to veterans and blind persons; authority to sell on public streets Section 24. The deputy director may grant without fee, on proof of identity, a special state license to act as hawker or peddler, subject otherwise to this chapter, to a World War I or II or Korean or Vietnam veteran, as defined in clause Forty-third of section seven of chapter four, who has a service-connected disability as recognized by the United States government; and to any blind person resident in the commonwealth and approved by the commissioner of the blind; provided, that no license under this section shall authorize the holder thereof to act as hawker or peddler on any public street or sidewalk in any city or town unless and until he shall have received written authority so to do from the chief of police or other official having charge of the police therein.

M.G.L. c. 101, § 26 Record of licenses to hawkers and peddlers; inspection

c. 101, § 26. Record of licenses to hawkers and peddlers; inspection Section 26. The deputy director shall keep a record of all licenses to hawkers and peddlers granted by him, including the number of each such license and the name and residence of the licensee. All such records shall be open to public inspection. All such licenses shall bear the date of their issue and shall continue in force for one year from that date.

M.G.L. c. 101, § 27 Endorsement, display, and production of license; penalties

c. 101, § 27. Endorsement, display, and production of license; penalties Section 27. Every person licensed as a hawker or pedler shall endorse his usual signature upon his license. The deputy director shall, at the expense of the licensee, provide a means for displaying such license which must be worn in a visible and conspicuous manner on his outer clothing with the license number, licensee's name and the date of expiration exposed to view. Each licensee shall produce his license for inspection whenever demanded by the deputy director or by a mayor, alderman, selectman, inspector of standards, sealer or deputy sealer of weights and measures, city or town treasurer or clerk, constable, police officer or justice of the peace; and if he fails so to do, or fails to wear his license in a visible and conspicuous manner as heretofore prescribed, he shall be subject to the same penalty as if he had no license.

M.G.L. c. 101, § 28 Effect of license on prosecution

c. 101, § 28. Effect of license on prosecution Section 28. No license issued to a hawker or pedler shall defeat or bar a prosecution against the licensee, if it is proved that he sold or bartered, carried for sale or barter or exposed therefor, any articles, except such as are permitted without a license by section seventeen, in a place in which he was not licensed to sell.

M.G.L. c. 101, § 29 Sales by hawkers or pedlers licensed as auctioneers

c. 101, § 29. Sales by hawkers or pedlers licensed as auctioneers Section 29. No hawker or pedler, holding an auctioneer's license, shall sell or expose for sale by public auction any goods, wares or merchandise in any town other than that from whose authorities such license was obtained, nor in any place in such town not expressly described therein.

M.G.L. c. 101, § 30 Revocation of licenses

c. 101, § 30. Revocation of licenses Section 30. Any license granted by the deputy director under this chapter may be revoked by him upon conviction of the licensee of any crime which in the judgment of the deputy director warrants such revocation, or upon the submission to the deputy director of evidence satisfactory to him that, during the term of the license, the licensee has accepted or solicited money otherwise than through the bona fide sale or barter of goods, wares or merchandise or has violated any provision of section ten A of chapter two hundred and sixty-four, or has in any manner begged or solicited alms from the public, or for any other sufficient cause. Whenever any person is convicted of a violation of any provision of this chapter, or a person holding such a license is convicted of any crime, the clerk of the court in which, or the trial justice by whom, such person was convicted shall notify the deputy director.

M.G.L. c. 101, § 31 Counterfeiting or forging licenses

c. 101, § 31. Counterfeiting or forging licenses Section 31. Whoever counterfeits or forges a license, or a certificate of registration issued pursuant to section thirty-four, or has a counterfeited or forged license or certificate in his possession with intent to utter or use the same as true, knowing it to be false or counterfeit, or attempts to sell under a license or certificate which has expired or has been revoked or cancelled, or which has not been issued or transferred to him, or has in his possession another's license or certificate with intent to use the same, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both such fine and imprisonment.

M.G.L. c. 101, § 32 Arrest of hawkers, peddlers, transient vendors and door-to-door salespersons; prosecution

c. 101, § 32. Arrest of hawkers, peddlers, transient vendors and door-to-door salespersons; prosecution Section 32. The deputy director, inspectors of standards and, within their respective jurisdictions, sealers or deputy sealers of weights and measures, constables and police officers shall arrest and prosecute every hawker and peddler, and transient vendor, who they may have reason to believe is violating any provision of this chapter. The chief of police, a police officer, or other official designated by a city council of a city or a board of selectmen of a town, may arrest and prosecute a person who engages in the sale of goods door-to-door for future delivery who such official has reason to believe is violating the provisions of section thirty-four.

M.G.L. c. 101, § 33 Temporary licenses to sell articles for charitable purposes; fees

c. 101, § 33. Temporary licenses to sell articles for charitable purposes; fees Section 33. The selectmen in a town or in a city such board or officer as may be designated by ordinance may, under such conditions as they may deem proper, grant to any organization engaged exclusively in charitable work, or to a post of any incorporated organization of veterans who served in the military or naval service of the United States in time of war or insurrection, a special license authorizing it, upon a particular day and for a charitable purpose named in such license, to sell, through its accredited agents in the streets and other public places within such city or town, or in any designated part thereof, flags, badges, medals, buttons, flowers, souvenirs, and similar small articles; provided, that no person under sixteen years of age shall be accredited as such agent, that each agent shall wear in plain sight while engaged in selling such articles a badge, provided by such organization or post and approved by the authority issuing the license, bearing upon it the name of such organization or post and the date on which the license is to be exercised, and that no such agent shall be authorized to make or attempt to make such sales in front of any private premises against the objection of the owner or occupant thereof. The exercise of the licenses hereby provided for shall be subject to the provisions of all statutes, ordinances, by-laws, rules and regulations not inconsistent herewith. The fee for such a license shall be established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any such fee be greater than ten dollars.

M.G.L. c. 101, § 34 Door-to-door sales for future delivery; employment of minors; duties of sales organization; registration

c. 101, § 34. Door-to-door sales for future delivery; employment of minors; duties of sales organization; registration Section 34. (a) As used in this section the following terms shall have the following meanings:— ''Sales agent'', a person under eighteen years of age who is recruited or retained by, or who represents, or is in any manner associated with, whether as an employee or an independent contractor, any sales organization engaged in the sale of goods or periodicals door-to-door for future delivery for any commercial purpose in a city or town in the commonwealth. The term ''sales agent'' shall not include: (i) a person engaged in activities under the immediate supervision of a parent or guardian, or (ii) a person who does not earn his primary source of income while performing services for a sales organization, or (iii) a person who does not reside away from his home while engaged in the sales activity. ''Sales organization'', a person or representative thereof, engaged in the supervision, recruitment, retention, or employment of sales agents for the door-to-door sale of goods or periodicals for future delivery. ''Sales group'', any group of persons, including sales agents, which is engaged in the door-to-door sale of goods or periodicals for future delivery and which is under the supervision of a sales organization or sales supervisor. ''Sales supervisor'', a person representing a sales organization who directs or supervises a sales group in any city or town in which it is engaged in the sale of goods or periodicals door-to-door for future delivery. (b) No sales organization shall recruit, hire, or employ a person to engage in the sale of goods or periodicals door-to-door for future delivery unless and until such person furnishes the sales organization with information sufficient to inform such sales organization of such person's age and identification. Each sales organization shall: (1) prior to the employment of a person under eighteen years of age, furnish to a parent or guardian of such person a listing of cities or towns in which the sales group will be working in the two weeks immediately following such employment, the dates when the sales group shall be in each such city or town, the address of the sales group in each such city or town during the time the sales group is in such city or town, and the business address at which such parent or guardian may be informed of such person's work address. (2) keep accurate accounts of sales made, lawful expenses incurred, and all amounts earned by each sales agent. (3) provide to each sales agent for each pay period, but not less than once each seven days, an itemized written statement of the account of such sales agent. (4) pay, on the same day each pay period to each sales agent, all money earned from all sales made a week or more prior thereto by such sales agent. No sales organization, in carrying out any contract, agreement, or other arrangement with any sales agent, shall engage in any of the following conduct or activity: (1) threats or acts of reprisals, intimidation, or physical violence against any sales agent, or any person acting on behalf of any sales agent. (2) refusal to disburse commissions, salary, compensation, or other remuneration owing to a sales agent. (c) All sales agents and sales supervisors covered by the provisions of this section shall register with a chief of police or with another official to be designated by the city council of a city or the board of selectmen of a town of initial registration. Each applicant for registration shall provide positive identification, give a permanent street address, provide an exemplar of his signature, the name of his employer or the party responsible for complying with the provisions of subsection (b), the business address of such employer, the identity and registration of any motor vehicle to be used to transport goods or persons engaged in said business, and a brief description of the goods to be sold and proposed method of operation. Said chief of police or designated official shall photograph each applicant for the purpose of identification and shall retain a copy of each such photograph for a minimum of two years. Each registrant shall pay to the city or town in which the initial registration occurs a registration fee in accordance with the provisions of section twenty-two. If the chief of police or designated official determines by investigation or receives reliable information that an applicant has been convicted of a felony or is a fugitive from justice or if such applicant refuses to provide any of the required information, then said applicant may be denied registration. Otherwise, said chief of police or designated official shall provide each successful applicant who pays the required fee a certificate of registration which shall be effective and valid for two years from the date of issuance. Each such certificate of registration shall include the applicant's photograph, the applicant's description and signature, as well as the date and the name of the city or town of issuance. The certificate of registration shall be issued within forty-eight hours of the submission of the application. Such certificate shall be conspicuously displayed by each registered sales agent and sales supervisor when engaged in selling. Before a sales agent or sales group may commence selling goods or periodicals door-to-door for future delivery in a city or town, written notice shall be given to the chief of police or other official designated by the city council of such city or the board of selectmen of such town. Such written notification shall include the name and local address of each sales agent and sales supervisor, the date and time in which the sale is to be conducted, a description of the goods or periodicals to be sold, and the proposed method of operation. The chief of police or other designated official of a city or town shall electronically notify the department of criminal justice information services of the name of each sales agent, including a sales agent within a sales group, and each sales supervisor who has registered or provided notice that he is selling goods or periodicals door-to-door for future delivery in said city or town. Said notification shall be by means of the criminal justice information system in accordance with a plan to be developed by the department of criminal justice information services. The the chief of police shall make inquiry to determine whether a sales agent or sales supervisor is a missing person. The chief of police or other designated official may regulate the hours during which and conditions under which the registrant may engage in door-to-door selling. If the sales group intends to extend its stay in any city or town, the sales supervisor, or sales organization if there is no sales supervisor, shall submit to the chief of police or other designated person a written statement citing the reason for such extension and the date of the expected departure of such sales group. Any such registration may be revoked for good cause by the chief of police or other designated official in any city or town in which such sales are being made. Good cause shall include a violation of this section or a determination that the registrant has been convicted of a felony, or is a fugitive from justice, or has been charged with a felony while engaged as a sales agent or sales supervisor. In the event of any such revocation, the chief of police or other designated official shall immediately notify in writing the chief of police of the city or town which issued the certificate of registration so revoked. (d) A person or sales organization that knowingly violates any provision of this section shall be subject to a fine of five hundred dollars or imprisonment for not more than six months. A person who knowingly supplies false information on an application or who carries on the business regulated by this section without registering or after his registration is revoked or expired shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months. (e) The provisions of this section shall not apply to any person who goes door-to-door to sell goods or periodicals on behalf of any group organized for any political purpose or for any purpose described in section four of chapter one hundred and eighty, nor shall this section apply to a person engaged in any sale governed by section sixty-nine of chapter one hundred and forty-nine.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter101Fetched: 10/20/2026