[HISTORY: Adopted by the Board of Selectmen of the Town of
Hudson as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-2-1949 by Ord. No. 9; amended in its entirety 12-16-1985]
No person shall engage in the business of a hawker, peddler
or itinerant vendor within the Town of Hudson unless licensed to do
so.
As used in this article, the following terms shall have the
meanings indicated:
Includes 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.
All persons, both principals and agents, who engage in a
temporary or transient business in this state, either in one locality
or traveling from place to place, selling goods, wares and merchandise
from stock or by sample for future delivery, and who, for the purpose
of carrying on such business, hire or occupy any building or structure
for the exhibition and sale of such goods, wares and merchandise or
sample.
A.
Application for peddler's license shall be made by the Town
of Hudson upon a form to be determined by the Board of Selectmen.[1]
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this subsection has been revised to replace "Executive
Administrator" with "Board of Selectmen."
B.
The application shall include:
(1)
The name, home and business address of the applicant, and the name
and address of the owner, if other than the applicant.
(2)
A description of the type of food, beverage or merchandise to be
sold and, in the case of products of a farm or orchard, whether produced
or grown by the applicant.
(3)
A valid New Hampshire hawkers and peddlers or itinerant vendors license
must be presented at time of application.
(4)
A description of any stand or motor vehicle to be used in the operation
of the business, including the license and registration number of
any motor vehicle used in the operation of the business.
(5)
A license from the Town Health Officer for any peddler who will sell
any food or beverages.
(6)
A description of the proposed location of the business, together with a certificate from the Zoning Administrator that the location is consistent with Chapter 334, Zoning.
(7)
Written permission from the owner of the property.
(8)
Hours of operation, which shall be not prior to 8:00 a.m. nor after
dark. Canteen-type trucks and mobile vending units shall be permitted
to operate no earlier than 5:00 a.m.
[Amended 4-17-1990 by Ord. No. O90-5]
C.
The Zoning Administrator shall review the permit for conformance
with site plan regulations. If the site plan does not indicate a location
for that activity, it will be denied unless the Zoning Administrator
determines that it falls within the grandfather status.
[Added 3-11-1997]
D.
The application
shall include a state and federal record check provided to the Town
of Hudson. The fee associated with said record check is determined
by New Hampshire State Police, and this expense is the responsibility
of the applicant.
[Added 5-24-2011 by Ord. No. 11-02]
(1)
The
Town of Hudson will follow the guidelines established by RSA 31:102-b,
titled "Background Checks for Certain Vendors."
(2)
If
the applicant has already provided a record check to another city/town
in the State of New Hampshire, a copy of said record check to the
Town of Hudson shall suffice.
License fees shall be for each day or for each week or for each
year, whichever is less.
License fees relating to hawkers and peddlers shall not apply
to persons selling the product of his own farm or the one he tills.
In addition to the above exceptions, individuals, veterans and organizations
who have a tax-exempt status (must have documented proof) will not
be required to pay license fees.
In addition to any penalty imposed, such license may be revoked
for any violation of this article or state statute pertaining to the
conduct of such business.
A peddler shall not:
A.
Sell food or beverages for immediate consumption, unless he has available
for public use a litter receptacle which would be available for patrons'
use.
B.
Leave any location without first ensuring that he pick up, remove,
dispose of all trash or refuse remaining from sales made by him.
C.
Solicit or conduct business with persons in motor vehicles.
D.
Sell any other goods other than that which he or she is licensed
to sell.
E.
Sell food or beverages without a valid and current Health Department
permit.
F.
Set up, maintain or permit the use of any table, crate, carton, rack,
sign or any other device or increase the selling or display capacity
of his stand or motor vehicle, where such items have not been described
in the application.
Any licensed peddler who shall be guilty of any fraud, cheating
or misrepresentation, whether through himself or through an employee,
while acting as a peddler in the Town, or who shall sell any goods
or merchandise or wares other than those specified in his application
for a license shall be deemed guilty of a violation of this article.
A violation of this article shall be punishable by a fine not
to exceed $100. Each day of operation or each transaction or sale
shall constitute a separate offense.
All annual licenses issued under this article shall expire December
31 of each year.
[Adopted 8-26-1991 by Ord. No. O90-17]
As used in this article, the following terms shall have the
meanings indicated:
The practices of solicitors as listed in Subsections A and
B of the definition of "solicitor."
Any person, whether a resident of the Town of Hudson or not,
including an employee or agent of another, traveling either by foot,
automobile, truck or some other type of conveyance, who engages in
the practice of going door to door, house to house or along any streets
within the Town of Hudson:
Selling or taking orders for or offering to sell or take orders
for goods, merchandise, wares or other items of value for further
delivery or services to be performed in the future, for commercial
purposes; or
Requesting the contribution of funds, property or anything of value or the pledge of any type of future donation or selling or offering for sale any type of property, including but not limited to goods, tickets, books and pamphlets, for charitable or other noncommercial purposes. No restrictions beyond the time limitation of 9:00 a.m. to 6:00 p.m. as set forth in § 232-16 shall apply to political solicitation.
The application for a solicitor's license shall contain
all information relevant and necessary to determine whether a particular
license may be issued, including but not limited to:
A.
Proof of the identity and permanent residence address of the applicant,
including social security number.
B.
A brief description of the nature, character and quality of the goods
or merchandise to be sold and the purpose of the solicitation.
C.
If the solicitor is employed by another, the name and business address
of such person, firm, association, organization, company or corporation.
D.
The application
shall include a state and federal record check provided to the Town
of Hudson. The fee associated with said record check is determined
by New Hampshire State Police, and this expense is the responsibility
of the applicant.
[Added 5-24-2011 by Ord. No. 11-02]
(1)
The
Town of Hudson will follow the guidelines established by RSA 31:102-b,
titled "Background Checks for Certain Vendors."
(2)
If
the applicant has already provided a record check to another city/town
in the State of New Hampshire, a copy of said record check to the
Town of Hudson shall suffice.
A.
In addition to the license, the Town shall issue an identification
badge to every solicitor. Solicitors shall wear their badges in such
a way that the badges may be easily read while doing business. If
a badge becomes lost, damaged or obscured, the solicitor shall return
it to the Town, if possible, and receive another badge at a fee of
$5.
B.
If the solicitor has his/her own identification badge and it satisfies the requirements of Subsection A above, the requirement of a Town badge may be waived.
C.
License and identification badges shall be used only by the person
to whom they were issued and may not be transferred to any other person.
The following regulations apply to solicitors engaged in solicitation
activities in the Town of Hudson:
A.
Any license issued under this article may be suspended or revoked
for any of the following reasons:
(1)
Fraud or misrepresentation in the application for a license.
(2)
Fraud or misrepresentation in the course of conducting solicitation
activities.
(3)
Conducting solicitation activities contrary to the conditions of
the license.
(4)
Conducting solicitation activities in such a manner as to create
a public nuisance or constitute a danger to the public health, safety
or welfare.
B.
Upon suspension or revocation, the Town shall deliver written notice
to the license holder stating the action taken and the reasons supporting
such action. The written notice shall be delivered to the license
holder's place of business or mailed to the license holder's
last known address.
Persons who are denied licenses or whose licenses have been
suspended or revoked may appeal by filing a written notice of appeal
with the Town. The appeal must be filed within 10 days after receipt
of the notice of denial, suspension or revocation. The Board of Selectmen
shall hear and determine the appeal, and the decision of the Selectmen
shall be final.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Town
Council" with "Board of Selectmen."
Licenses may be renewed, provided that an application for renewal
and license fees are received by the Town no later than the expiration
date of the current license. Applications received after that date
shall be processed as new applications. The Town shall receive each
application for renewal to determine that the applicant is in full
compliance with the provisions of this article. If the Town finds
that the application meets such requirements, the Town shall issue
a new license.
Any person who violates any provision of this article shall
be punished by a fine not to exceed $500.
