Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The city of Holyoke is hereby authorized to license and regulate the open air, temporary sale of goods, wares and merchandise from one location in said city.
Any person duly licensed pursuant to section 16-16 of the city of Holyoke code of ordinances and who is conducting a business in a manner consistent with such license shall not be subject to the licensing requirements of this act until the expiration of the term of such license. For the purposes of this act, the term "goods, wares or merchandise" shall include, but not be limited to, consumer goods, furniture, novelty items, clothing, shoes, sports memorabilia, trees, Christmas trees, wreaths, plants, flowering plants, cut flowers and food of any kind.
SECTION 2. No person, whether principal or agent, shall, on a temporary basis, offer for sale, expose for sale, or sell goods, wares or merchandise in an open area, alley or lot located in the city of Holyoke unless such person has first obtained a license therefor from the Holyoke licensing board. Such license shall be known as a city open air vending license. The fee for such license shall be determined annually by the licensing board.
In order to receive such license, an applicant shall submit the written consent to its issuance on the part of the owner of the premises on which or in front of which the applicant intends to carry on such business and the written consent of the tenants of the ground floor of such premises. No such owner or tenant shall demand or accept consideration for such grant of approval. The property owner may obtain legally negotiated rent from a license holder operating on his premises. Whenever the exercise of such license shall occur on or in front of premises owned by the city of Holyoke, the requisite owner's consent may be given by the city department having charge of such premises.
Whenever the license is intended to be exercised on public property including, but not limited to, public ways, sidewalks and parks, the licensing board may make and collect an additional charge as rent unless the licensee is the tenant of the ground floor of the premises in front of which the location is granted and the character of the merchandise being sold under the license is essentially the same as that being sold within the ground floor of such premises. Rental rates shall be determined annually by said licensing board.
SECTION 3. The city open air vendor license shall remain in force for a specified period of time which shall be indicated on the license, but not later than the first day of January following the date of issuance.
SECTION 4. The Holyoke licensing board may, under such conditions as it deems appropriate, grant to an organization engaged in charitable work or to a post of an 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 to be stated in such license and for a charitable purpose stated in such license, to conduct under their control a temporary open air vending business; provided, however, that no person under sixteen years of age shall be accredited as an agent of the license holder.
SECTION 5. The city of Holyoke licensing board may condition the use of such permit as the public safety, convenience or good requires. The exercise of a license issued hereunder shall be subject to the provisions of all statutes, ordinances, rules and regulations not inconsistent herewith including, but not limited to the provisions of section fifty-seven of chapter forty of the General Laws.
SECTION 6. Every city open air vendor shall exhibit his city license when the same is demanded of him by a member of the licensing board, or the sealer of weights and measures or a member of the police department of the city of Holyoke or a member of the board of health of said city of Holyoke or his designee.
SECTION 7. Should a license be issued pursuant to the provisions of this act, the licensee shall be responsible for obtaining and maintaining any and all other relevant licenses, permits and seals including, but not limited to, health department and fire department permits and seals from the sealer of weights and measures.
SECTION 8. Any license granted by the city of Holyoke licensing board pursuant to the provisions of this act may be revoked by the licensing board for good cause after reasonable notice to such licensee and a hearing upon the grounds for such revocation.
SECTION 9. No person licensed pursuant to the provisions of this act shall sell goods, wares or merchandise in the city of Holyoke unless such person has signed an agreement providing for indemnification of the city against any loss which may arise by way of any suit, action or proceeding against said city as a result of any act or failure to act on the part of such vendor while operating within the territorial limits of said city of Holyoke. Such indemnification shall be in a form approved by the mayor and city solicitor.
SECTION 10. No person under sixteen years of age shall receive a license pursuant to the provisions of this act.
SECTION 11. The terms of every license issued pursuant to the provisions of this act shall be subject to such further restrictions and regulations as the Holyoke licensing board shall impose.
SECTION 12. The city of Holyoke licensing board may waive, in whole or in part, any and all fees required by this act as it deems necessary.
SECTION 13. Any person who violates any of the provisions of this act shall be subject to arrest as provided for in section thirty-two of chapter one hundred and one of the General Laws or liable to a penalty as provided in section 16-27 of the city of Holyoke code of ordinances.