Article 27. Amendment of Solicitation Bylaw

ARTICLE 27. To see if the Town will amend the Town of Concord General Bylaws by deleting the Solicitation Bylaw in its entirety and adopting in its place the following new Door-to-Door Solicitation and Sales Bylaw, including provisions defining solicitors and canvassers; requiring licensure for door-to-door solicitation and canvassing (with stated exemptions); establishing an application process, review criteria, licensing term, renewal and revocation standards; setting hours of solicitation; and providing penalties for violation; or take any other action relative thereto. 

Town of Concord, Massachusetts
DOOR-TO-DOOR SOLICITATION AND SALES BYLAW

SECTION 1. Definition

For the purposes of this Bylaw, a “solicitor” or “canvasser” is defined as any person who, for himself, or for another person, firm or corporation, travels by foot, automobile or any other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to lease or to take orders for retail sale of goods, wares, merchandise, or services, including, without limitation, the selling, distributing, exposing for sale or soliciting orders for articles of sale, contracting, or for services to be performed in the future.

SECTION 2. Enforcement

The Police Officers of the Town of Concord shall enforce this Bylaw. The Chief of Police shall issue solicitation licenses through the Police Department. The Chief of Police may designate any individual within the Police Department to perform all or a part of the duties of the Chief of Police under this Bylaw.

SECTION 3. License Required

It shall be unlawful for any solicitor or canvasser as defined in this Bylaw to engage in such business within the Town of Concord without first obtaining a license therefore in compliance with this Bylaw. 

This Bylaw shall not apply to any person engaged in the soliciting for charitable, benevolent, fraternal, religious or political activities, nor to any person exempted as a Transient Vendor, Hawker and Pedler under Chapter 101 of the Mass.Gen. Laws, nor to any person duly licensed under Chapter 101 of the General Laws, nor to any person exempted by any other General Law.

This Bylaw shall not be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.

SECTION 4. Licensing Process

1. Each person seeking licensure as a solicitor or canvasser under this Bylaw is required to possess an individual license.
2. Applicants for a license shall file with the Chief of Police, on a form issued by the Police Department, a written application signed under the penalties of perjury, containing the following information: 
   1. Name of applicant.
   2. Address of applicant (local and permanent address).
   3. The length of time for which the right to do business is desired.
   4. A brief description of the nature of the business and the goods to be sold or services to be provided.
   5. The name and home office address of the applicant's employer, if self-employed, it shall so state.
   6. If operating a motor vehicle, the year, make, model, motor number, registration number, state of registration, vehicle’s owner and address.

At the time of filing the application, each applicant shall pay a fee of $5, payable to the Police Department.

An applicant must submit the application within ten (10) business days of the requested start day of door-to-door solicitation.

SECTION 5. Licensing Review Criteria

1. Upon receipt of the application, the Chief of Police shall investigate the applicant's reputation to determine from prior business practices whether the applicant is a suitable person to be licensed. 
2. The Chief shall not issue a license to any person who:
   1. has failed to fully comply with the requirements for issuance of a license, including submission of a registration application and payment of the applicable fee,
   2. has falsified information in its submittal(s) to the Chief of Police
   3. has been convicted in any state or federal court of the United States or territory thereof for any of the following crimes or offenses, by whatever named called, within seven (7) years prior to the date of application: burglary; stalking; breaking and entering; larceny; kidnapping; robbery; home invasion; buying, receiving or concealing stolen property; assault; fraud; conduct as specified in General Laws c. 265, §§ 13B and 22-24; sexual assault, rape or other sex-related offenses; unlawfully carrying weapons; or the attempt of any such crime or offense, or
   4. has violated this Bylaw or any state law or regulation or municipal ordinance, bylaw or regulation regulating canvassing or soliciting.

3. After such investigation the Chief of Police shall endorse on such application the Chief of Police’s approval or disapproval within ten (10) business days upon receipt of the application. If disapproved, the applicant shall have the right of appeal to the Select Board. 
4. When issued, such license shall contain the signature of the Chief of Police or the Select Board and shall show the name, address, and photograph of said licensee, the date of issuance, and the length of time the same shall be operative, as well as the license number.
5. The Police Department shall keep a record of all licenses issued for a period of six (6) years. 

SECTION 6. Maintaining License Records

1. Solicitors and canvassers when engaged in the business of soliciting or canvassing are required to display an identifying badge issued by the Police Department, by wearing said badge on an outer garment. 
2. Each license issued under this Bylaw shall be in effect for a period not exceeding ninety (90) days, unless sooner revoked by the Select Board or the Police Department.

SECTION 7. Renewing License

Any license issued under this Bylaw may be renewed by the Chief of Police. An applicant requesting a renewal of their license must apply for renewal with the Police Department, and provide the materials requested or required by the Chief of Police for their application.

SECTION 8. Transfer or Revocation of License

No license shall be transferred. The Chief of Police may revoke a license for any violation of this Bylaw.

SECTION 9. Hours of Solicitation

No solicitation shall occur before the hours of 8:00 am or after the hours of 8:00 pm.

SECTION 10. Penalty, Violation

Upon conviction, any person found violating this Bylaw shall be punished by a fine by the Police Department not to exceed fifty dollars ($50) for each and every offense. Each day in which a person solicits without a proper license shall constitute a separate offense.

Article Explanation

This article proposes an update to the Town’s bylaw regulating door-to-door solicitation and sales activity in Concord. The amended bylaw defines solicitation and canvassing activities and requires individuals engaging in door-to-door solicitation or canvassing to obtain an individual license through the Concord Police Department, unless exempt under state law or specific categories such as charitable, religious, or political activity.

The proposed bylaw outlines the license application requirements, review process, issuance timeframe, term of license, renewal procedures, and grounds for denial or revocation. It also establishes allowable hours for door-to-door solicitation (8:00 a.m. to 8:00 p.m.) and provides enforcement authority and penalties for violations.

If approved, the amended bylaw would replace the existing local bylaw provisions related to door-to-door solicitation with a modernized licensing and enforcement structure.

Article Motion

Ms. Hartman moves that the Town take affirmative action on Article 27 as printed in the Warrant.