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Hope to Beat $300 & to Continue Sales!?

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G

ghowe

Guest
What is the name of your state? Massachusetts

Monday I go to court to answer to a $300 ticket I received (+/-)two months ago.

I have a homebased flower business. For the past seven (+) years, I have delivered flowers to various night clubs in a city south of Boston almost every weekend. One night (right after the recent RI tragedy) I was making a usual delivery at a club - I sell flowers directly to the patrons always with the owner/manager's nod. I met a "fire inspector." He came up to me and on-the-spot took my name - telling me I could not do that in the city. I took his what-I-understood-to-be "warning" and have not gone back to that city since.

Three weeks later, I received an official ticket for $300 with the option to either pay or take it to court. Naturally I am taking it to court. I called the police station and happened to speak with the officer who did this. His mind was set that I had violated a "hawker's law" and if I did not like it I could appeal it.

I have a state license and loyally pay taxes on my business. The state license is answerable to local restrictions. Local restrictions are veritably designed to restrict, if not stop, any commerce in the form of street vending.

I have had an ongoing enterprise with these club owners for a long time - kind of a service. I'm sure I can get most of their support. I'd like to not only beat this $300 ticket but continue where I left off two months ago. What do you forum people (any experts or experiencers) think? Thanks in advance for your attention to this.
 


HomeGuru

Senior Member
ghowe said:
What is the name of your state? Massachusetts

Monday I go to court to answer to a $300 ticket I received (+/-)two months ago.

I have a homebased flower business. For the past seven (+) years, I have delivered flowers to various night clubs in a city south of Boston almost every weekend. One night (right after the recent RI tragedy) I was making a usual delivery at a club - I sell flowers directly to the patrons always with the owner/manager's nod. I met a "fire inspector." He came up to me and on-the-spot took my name - telling me I could not do that in the city. I took his what-I-understood-to-be "warning" and have not gone back to that city since.

Three weeks later, I received an official ticket for $300 with the option to either pay or take it to court. Naturally I am taking it to court. I called the police station and happened to speak with the officer who did this. His mind was set that I had violated a "hawker's law" and if I did not like it I could appeal it.

I have a state license and loyally pay taxes on my business. The state license is answerable to local restrictions. Local restrictions are veritably designed to restrict, if not stop, any commerce in the form of street vending.

I have had an ongoing enterprise with these club owners for a long time - kind of a service. I'm sure I can get most of their support. I'd like to not only beat this $300 ticket but continue where I left off two months ago. What do you forum people (any experts or experiencers) think? Thanks in advance for your attention to this.
**A: and what does this hawkers law state?
 
G

ghowe

Guest
This "hawker's law" states:

State Law:

"No hawker or peddler licensed under this section shall be subject to local rules as may be made in a city by the mayor and city council and in a town by the selectmen."


City Law:

"No hawker or peddler shall sell, barter or expose for sale or barter w/in the city, any articles of the sale, until he has recorded his name and residence with the police department and has been assigned a number to be worn."

"No hawker or peddler shall sell, barter or expose for sale or barter w/in the city, any articles of the sale, w/o a license issued by the mayor and council. A statement shall be submitted with any application from the criminal history systems board ..."

"No person shall engage in any business which requires a license or permit w/o having first obtained one ..."

"Engaging in business w/o a license ......... $300.00"


What do you think? I do have a state license which means my criminal record is checked yearly and I have a clean bill of health. This city's local license requires an application be submitted for $150 and it is non-refundable. A board then decides if it will review the case. It appears to be so uphill. Even then it can be shot down.

I have done business in this city for over 7 years now. Attached are two attachments that can give you some further understanding about the nature of our business.

Gotta go!
 

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