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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100 - Auctioneers › Section 6 - Suspension or Revocation of Licenses; Cancellation; Replacement Licenses

Section 6. Prior to its expiration date, a license may be suspended or revoked by the deputy director in accordance with the procedure and on the grounds set forth in section four, or may be terminated by voluntary surrender by the licensee.
Upon the expiration, termination or surrender of a license, the licensee shall deliver the license to the deputy director who shall cancel the license, endorse the date of expiration, termination or surrender and shall, after a sixty-day period from the date of delivery or after all claims made against the licensee have been satisfied or settled, surrender the licensee's bond and so notify the surety on the bond.
If a license is lost, misplaced or destroyed, the licensee shall file an affidavit to that effect and the deputy director shall issue a replacement license, clearly identified as such on the license and in the records of the deputy director.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100 - Auctioneers › Section 7 - Records

Section 7. The deputy director shall keep on file, in convenient form and open to public inspection, all license applications and copies of licenses issued and shall annually publish a list of names and addresses of all auctioneers licensed by him, and the names of all persons whose licenses have been revoked, suspended or surrendered during the period and the specific time for which such suspension, revocation or surrender became effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100 - Auctioneers › Section 8 - Licensees; Account of Goods Sold; Sales and Use Taxes

Section 8. Each licensee shall keep a complete and accurate account of all goods and chattels sold by him, including the names and addresses of the persons from whom they were received. Each licensee shall be responsible for the reporting and collection of sales and use taxes for all sales made by him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100 - Auctioneers › Section 9 - Prohibited Practices

Section 9. No licensee or other person shall: (a) sell or offer for sale at auction goods known by him to be owned by a minor; (b) advertise an auction or goods for sale at an auction in the commonwealth without including the number of the license issued by the deputy director as a part of the advertisement; (c) advertise for sale or sell goods at auction falsely representing that said goods are, in whole or in part, bankrupt or insolvent stock or damaged goods saved from fire, or otherwise falsely represent or mislead any person as to their origin, history or condition; (d) sell, offer for sale or give away in connection with an auction, any goods as prize packages, gifts, premiums or bonus or otherwise as an inducement to purchase any other goods; (e) sell, offer for sale or dispose of goods at auction by chance or lot, or without first exhibiting to prospective bidders all such goods, including those in packages, bundles or containers, except as to auctions of unclaimed articles; (f) employ or knowingly allow, directly or indirectly, any person to act at any auction as a ''capper'' or ''by bidder'' or in any like capacity, for the purpose of bidding up the price of any goods in competition with bona fide bidders or for the purpose of encouraging or enticing bona fide bidders to purchase, or for the purpose of stimulating competitive bidding or sales; or personally act in such capacity; (g) make or knowingly accept any false bid to buy, or pretend to sell or buy goods; or (h) knowingly allow any individual who is not licensed to call for bids; provided, however, that an auctioneer may allow an individual who is not licensed to call for bids when such individual is under the direct supervision of an auctioneer licensed in accordance with the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100 - Auctioneers › Section 10 - Special or Annual Auction Permits

Section 10. No person shall conduct an auction without a special or annual permit issued by the city or town in which the auction is to be conducted. Application for such a permit shall be filed with the local auction permit agent and shall contain the name of the applicant; the name, address and license number of the auctioneer; the hours between which the auction is to be conducted; the location of the auction; and a general description of the goods to be auctioned. As to a special permit, the estimated value of the goods and the date or dates, not to exceed ten, on which the auction shall be held shall also be included.
Within six business days of the filing of an application for a special permit, the local auction permit agent shall either approve the permit subject to stated reasonable terms and conditions relating to public safety as he may establish, or deny the application on stated grounds, which must be reasonable grounds relating to public safety. Failure of an agent to act within the six business day period shall constitute approval of the application. Upon approval, express or implied, the applicant shall tender to the city or town treasurer the permit fee established by said agent, which fee shall be reasonable.
No person shall be eligible for an annual permit unless he maintains a regular place of business for the conduct of auctioneering in the city or town. Said permit shall be issued or denied on the same terms applicable to a special permit, except that an application which is not acted upon within fourteen days of the date of filing with the local auction permit agent shall be deemed approved. Each annual permit issued shall be valid for a term of one year commencing on the date of the express or implied approval of the application therefor. Any applicant for a special or annual permit who is aggrieved by the action of the local auction permit agent on his application shall be entitled to a public hearing by the appointing authority of the agent in accordance with the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100 - Auctioneers › Section 11 - Certain Auctions Not Subject to Chapter

Section 11. The provisions of this chapter shall not apply to any auction held or conducted by an order or judgment of any court of the commonwealth or of the United States or by any officer of a municipality, county or state of the United States; sales held by sheriffs, deputy sheriffs, constables, collectors of taxes, executors, administrators, lien holders, assignees for the benefit of creditors; sales by any other person specifically authorized by law to sell real, personal or mixed property; casual and isolated sales by an owner of his own goods; and any auction held or conducted by any resident member of a charitable, educational, religious or other nonprofit organization within the commonwealth; provided, however, that any person acting as agent for any of the foregoing shall be subject to all of the provisions of this chapter except section ten.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100 - Auctioneers › Section 13 - Alteration, Amendment or Repeal of Rules and Regulations

Section 13. The division may make and, from time to time alter, amend or repeal rules and regulations for the conduct of auctioneers in the commonwealth not inconsistent with this chapter or any other general or special law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Deputy director'', the deputy director of the division of standards within the office of standards of consumer affairs and business regulation.
''Motor vehicle glass repair'', the business or act of repairing or replacing damaged or undamaged glass in motor vehicles for compensation.
''Motor vehicle glass repair shop'', a person or entity which, for compensation or with the intention or expectation of receiving the same, repairs or replaces or undertakes to repair or replace motor vehicle glass.
''Motor vehicle repair'', the business or act of repairing damaged motor vehicles for compensation, excluding motor vehicle glass repair.
''Motor vehicle repair shop'', a person or entity which, for compensation, or with the intention or expectation of receiving the same, repairs or undertakes to repair in the commonwealth a damaged motor vehicle as defined in section 34A of chapter 90, excluding motor vehicle glass repair.
''Person'', an individual, association, partnership or corporation and the officers, directors and employees of a corporation.
''Registered motor vehicle glass repair shop'', a motor vehicle glass repair shop which has a current valid certificate of registration for motor vehicle glass repair issued under this chapter.
''Registered motor vehicle repair shop'', a motor vehicle repair shop which has a current valid certificate of registration for motor vehicle repair issued under this chapter.
''Unregistered motor vehicle glass repair shop'', a motor vehicle glass repair shop that does not have a current valid certificate of registration issued under this chapter, which has had its registration revoked or suspended or which has surrendered its certificate of registration under this chapter.
''Unregistered motor vehicle repair shop'', a motor vehicle repair shop that does not have a current valid certificate of registration issued under this chapter, which has had its registration revoked or suspended or which has surrendered its certificate of registration under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 2a - Bond, Letter of Credit

Section 2A. Notwithstanding the provisions of section two, the requirement of a bond may be satisfied by the submission of a letter of credit in the amount of ten thousand dollars, in a form approved by the deputy director. Said letter of credit shall accompany the written application prescribed in section two and the applicant shall comply with all other requirements of said section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 3 - Registration Application; Denial; Grounds

Section 3. No application for registration conforming to the requirements of section two shall be denied except after a public hearing held by the deputy director in accordance with and subject to the provisions of chapter thirty A. No such application shall be denied except upon a finding by the deputy director after said hearing of one or more of the following grounds for denial: (a) that the applicant or any person having a financial interest, direct or indirect, in the business to be conducted by the applicant, has been convicted within the most recent five year period from the date of the application of a felony which may reflect upon his suitability to own or operate; (b) that the applicant or any person having a financial interest, direct or indirect, in the business to be conducted by the applicant, has followed a continuous and flagrant course of misrepresentations or the making of false promises, through advertising or otherwise, in the conduct of motor vehicle repair or motor vehicle glass repair or otherwise; (c) that the applicant, any person having a financial interest direct or indirect, in the business to be conducted by the applicant, or any registered or previously registered motor vehicle repair shop or registered motor vehicle glass repair shop in which the applicant or such person has or had a financial interest, direct or indirect, has failed to meet or has violated any of the requirements for registered motor vehicle repair shops or registered motor vehicle glass repair shops set forth in this chapter or (d) that the applicant, any person having a financial interest, direct or indirect, in the business to be conducted by the applicant, or any registered or previously registered motor vehicle repair shop or registered motor vehicle glass repair shop in which the applicant or such person has or had a financial interest, direct or indirect, has had registration hereunder denied, revoked, suspended or surrendered during the previous five years. Upon denial of an application, the deputy director shall surrender to the applicant the bond filed with his application within the time set forth, but shall not refund the registration fee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 4 - Certificate of Registration; Terms of Validity

Section 4. Each certificate of registration issued by the deputy director shall bear a number, shall be valid until June first of the third year after issuance, may thereafter be renewed for a three year period upon application to the deputy director on a form provided by him, shall not be transferable, and may be exercised only by the person whose name appears on the certificate; provided, however, that the registered motor vehicle repair shop or registered motor vehicle glass repair shop may employ unregistered individuals to repair motor vehicles or motor vehicle glass, as the case may be under the registrant's immediate direction and control.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 5 - Certificate of Registration; Expiration, Termination or Surrender

Section 5. Prior to its expiration date, a certificate of registration may be suspended or revoked by the deputy director in accordance with the procedure and on the grounds set forth in section three or eight, or may be terminated by voluntary surrender by the registrant.
Upon the expiration, termination or surrender of a certificate of registration, the registrant shall deliver the certificate of registration to the deputy director who shall cancel the registration, endorse the date of expiration, termination or surrender on the certificate and shall, after a sixty-day period from the date of delivery or after all claims made against the registrant have been satisfied or settled, surrender the registrant's bond and so notify the surety on the bond.
If a certificate of registration is lost, misplaced or destroyed, the registrant shall file an affidavit to that effect and the deputy director shall issue a replacement certificate, clearly identified as such on the certificate and in the records of the deputy director.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 6 - Registration Applications and Certificates; Copies; Form, Public Inspection

Section 6. The deputy director shall keep on file in convenient form and open to public inspection, all applications for registration and copies of certificates of registration issued and shall annually publish a list of names and addresses of all motor vehicle repair shops and motor vehicle glass repair shops registered by him, and the names of all persons whose registration has been revoked, suspended or surrendered during the period and the specific time for which such suspension, revocation or surrender became effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 7 - Public Display of Certificate of Registration

Section 7. Every registered motor vehicle repair shop and registered motor vehicle glass repair shop shall publicly display in its place of business its current certificate of registration. No unregistered motor vehicle repair shop or unregistered motor vehicle glass repair shop shall display in its place of business any certificate of registration or copy or facsimile of a certificate of registration, nor shall it in any manner state that it is, or hold itself out to be, a registered motor vehicle repair shop or a registered motor vehicle glass repair shop.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 8 - Advertising; Repair Charges

Section 8. No registered motor vehicle repair shop, registered motor vehicle glass repair shop or other person shall: (a) advertise for motor vehicle repair or motor vehicle glass repair in the commonwealth without including the number of its certificate of registration issued by the deputy director as a part of the advertisement; (b) with respect to any repair paid for in whole or in part by an insurer, fail to charge all or any part of the applicable deductible to be paid by the insured, or give any rebate, gift, prize, premium, bonus, fee or any other monetary or tangible thing to the insured or any other person not in the employ of the repair shop as an inducement to have the repair made at the repair shop; (c) charge or offer to charge a higher rate or discount for an insured repair than for an uninsured repair; (d) make any false or fraudulent statement in connection with any repair or attempt to collect for a repair; (e) without lawful authority, prevent the owner of a motor vehicle from recovering the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 9 - Records

Section 9. (a) Every registered motor vehicle repair shop and registered motor vehicle glass repair shop shall keep, or cause to be kept, in a book a proper record of every motor vehicle which enters and which leaves his place of business. A proper record shall include, but not be limited to, a description of the motor vehicle, the vehicle identification number, the date received, the name and residences of the person from and for whom the vehicle was received and a signed authorization for the work to be performed on said vehicle. Records shall also be kept of purchases of all major component parts, motor transmission, any body parts and parts for the interior. Records must be kept of all purchases made during at least the preceding eighteen months.
(b) Any registered shop whose business consists primarily of the changing and replacing of the fluids of a motor vehicle shall be exempt from keeping the record book referred to above, if and so long as the registered shop keeps adequate records of the repairs and services performed with respect to the motor vehicles which come into its custody.
(c) Said record book shall be kept in a convenient place, and along with the premises of the repair shop or body shop, may be inspected at any time by any city, state or federal law enforcement officer.
(d) A registered motor vehicle glass repair shop shall maintain records for each motor vehicle upon which motor vehicle glass repair services have been performed, showing the usage of all glass parts, major accessory parts, including moldings and major hardware component parts, and the adhesive system used in the motor vehicle glass repair. The record shall also include the brand, product number or name and lot and batch numbers for the adhesive system product used. The record shall be maintained for 18 months or for so long as a warranty on the motor vehicle glass repair service performed is in effect, whichever is longer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 10 - Violations; Penalties

Section 10. Any person violating any of the provisions of this chapter may be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both. Such fine may be imposed by the deputy director, after hearing, or in a civil or criminal action brought by the attorney general. Violation of any of the provisions of this chapter shall constitute a violation of chapter ninety-three A.
In addition to any other penalties provided herein, whenever the deputy director determines that a person who is required to be registered hereunder has failed to so register, the deputy director may serve a stop work order on said person, requiring the cessation of all business operations. Such order shall take effect five days after the date of service upon such person. Any person who is aggrieved by the imposition of a stop work order shall have five days from the date of service to appeal such order, and shall thereafter be granted a hearing by the deputy director within five days of receipt of appeal. If the deputy director finds at the hearing that the person was required to be registered, and failed to register, the stop work order shall be effective immediately on the conclusion of the hearing, and shall remain in effect until the person becomes properly registered. Any law enforcement agency in the commonwealth shall, at the request of the deputy director, render any assistance necessary to carry out the provisions of this paragraph, including but not limited to preventing any employee or other person from remaining at the place of business after a stop work order has taken effect.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 11 - Registration or Renewal of Registered Motor Vehicle Glass Repair Shops; Application Requirements

Section 11. A person applying for registration or renewal as a registered motor vehicle glass repair shop shall:
(1) maintain a physical place of business within the commonwealth at which it has indoor facilities to perform motor vehicle glass repair services and from which it may lawfully dispatch mobile service vans;
(2) if using a mobile service van, register and insure such van as a commercial vehicle;
(3) possess and maintain in working order the equipment necessary to provide motor vehicle windshield glass stone chip repair;
(4) if providing motor vehicle glass replacement services, possess and maintain the equipment necessary to perform motor vehicle glass replacement services;
(5) obtain all required local, state and federal licenses and permits, including a state sales tax identification number and a federal tax identification number; and
(6) not subcontract or sublet motor vehicle glass repair services to any other person or entity not in the employ of the registered motor vehicle glass repair shop unless such person or entity is also a duly registered motor vehicle glass repair shop.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 12 - Disclosure of Information Relating to Charges; Duty to Advise Consumer of Post-Repair Practices

Section 12. (a) Upon request of a consumer, a registered motor vehicle glass repair shop shall disclose all information relating to the charges for repair or replacement services, including the amount of the charges, the identification and line item charges for the parts provided and verification of the parts used, regardless of whether the amount is paid by the consumer or billed to the consumer's insurance company.
(b) A motor vehicle glass repair shop shall advise the consumer of post-repair practices that may be necessary to insure safe operation of the vehicle.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 13 - Inspection of Motor Vehicle Glass Repair Shop Premises; Penalty for Failure to Comply With Chapter

Section 13. The division of standards may inspect the premises of an applicant for a motor vehicle glass repair shop registration or a registered motor vehicle glass repair shop to ascertain compliance with this chapter. Failure to comply with any requirements of this chapter shall result in denial of the application or, if already registered, the suspension of the motor vehicle glass shop registration until such time as the division re-inspects the facility and determines the shop is in compliance with this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 100a - Motor Vehicle Damage Repair Shops › Section 14 - Motor Vehicle Glass Repair to Be Performed by Registered Shop

Section 14. Any motor vehicle glass repair to be performed in the commonwealth shall be performed by a registered motor vehicle glass repair shop. A person, including an insurer, insurance producer, third-party administrator or a motor vehicle service establishment or other party receiving an initial report or inquiry regarding motor vehicle glass damage or an initial request for motor vehicle glass repair services shall state that the motor vehicle glass repair shall be performed by a registered motor vehicle glass repair shop.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 101 - Transient Vendors, Hawkers and Pedlers › Section 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.