Chapter 101

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 …

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 fo…

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 s…

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 lice…

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…

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…

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…

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 regula…

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 …

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…

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, regul…

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.

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 se…

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 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 sale…

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, eith…

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 purs…

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 …

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 pr…

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 f…

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 …

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 c…

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,…

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 th…

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 i…

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 satisfacto…

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 counter…

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 reas…

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…

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 …

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 …

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.

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…

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 n…

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 d…

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 smo…

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…

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.