Title
Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 6.20.010 PERMIT REQUIRED FOR CANVASSERS AND SOLICITORS is hereby amended as follows:
Body
Add ‘Commercial’ between ‘Required for’ and ‘Canvassers’ in the title of the section
Strike 6.20.010.A in its entirely and replace with the following:
Canvasser or Solicitor: Any individual, whether a resident of the city or not, traveling either by foot, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, that promotes, takes or attempts to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services, including home improvements, to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether or not such person is collecting advance payments on such sales.
Commercial Canvasser or Solicitor: Any canvasser or solicitor, being compensated, whether by salary, commission or ownership interest.
For the purpose of this definition, commercial canvasser or solicitor expressly excludes United States Postal Service, food or other delivery services, and non-profit and charitable organizations registered under applicable sections of the Internal Revenue Code or M.G.L c. 180 or M.G.L. c. 68 § 19, or those exercising any constitutionally protected speech, including religious or political speech.
Amend 6.20.010.B.1 by striking ‘engage in business’ and replace with ‘act’.
Add Subsection 3. DO NOT KNOCK REGISTRY to 6.20.010.B PERMIT REQUIRED.
3. Do Not Knock Registry
a. The Police Department shall prepare a list of addresses of those premises where the owner and/or occupant who have notified the Chief of Police, or the Chief’s designee, that they have prohibited the work of commercial canvassers or solicitors (hereinafter referred to as the “Do Not Knock Registry”) by having posted a sign at the public entry of such property stating that “Commercial Canvassers and Solicitors are Prohibited.” Owners and/or occupants may register for the Do Not Knock Registry by completing a form available at the Police Department and including a photograph of the posted sign.
b. The Do Not Knock Registry will be available on the Police Department’s website and will be available to all persons or companies applying, or approved for a commercial canvassing and/or solicitation permit. It shall be the responsibility of all Permit Holders to check the website to determine who is on the Do Not Knock Registry prior to canvassing or soliciting. The Permit Holder shall not commercially canvas or solicit at any premises identified on the then current Do Not Knock Registry.
c. Any violators of this section, whether individuals, companies, enterprises or those benefiting from such commercial canvassing or solicitation activities shall be subject to:
i. a fine of $300.00 per offense and/or
ii. a one-year revocation of any permit issued pursuant to this section.
Amend 6.20.010.C.2 by striking the section in its entirely at replacing with, ‘Application shall be accompanied by a fee of $100 per commercial solicitor or canvasser.’
Amend 6.20.010.E by inserting ‘for commercial solicitors or canvassers’ after ‘granted hereunder’. And by inserting ‘canvasser or’ before ‘solicitor’.