For purposes of this chapter, the following definitions shall
apply:
CHARITABLE ORGANIZATION
Any nonprofit organization, association or corporation, including
any policemen, firemen, veteran, civic, fraternal or religious organization,
organized under the laws of this state and holding or eligible to
receive an Internal Revenue Service nonprofit organization number.
CONTACT INFORMATION
The information (such as your name, address, telephone, number,
and e-mail address) that tells someone how to communicate with you.
[Added 3-23-2023]
DISQUALIFYING CRIMINAL CONVICTION
Any felony convictions, any conviction involving harassment,
violence, theft, fraud, loitering, prowling, or endangering the welfare
of a child or incompetent.
HAWKER and PEDDLER
Any person, either principal, agent or employee, who travels
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, as defined in RSA 320:1 and 358-A:1.
ITINERANT VENDOR
Any person, as defined in RSA 321:1 and includes all persons,
as defined by RSA 358-A:1, both principals and agents, including those
persons whose principal place of business is not in this state 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 same for future delivery, and who,
for the purpose of carrying on such business, hire or occupy a temporary
place of business.
MOTOR VEHICLE
Any vehicle used for the displaying, storing or transporting
of articles offered for sale by a vendor which is or would be required
to be licensed and registered by the Department of Motor Vehicles.
STAND
Any table, showcase, bench, rack, pushcart, wagon or any
other wheeled vehicle or device which may be moved without the assistance
of a motor and which is not required to be licensed and registered
by the Department of Motor Vehicles used for the displaying, storing
or transportation of articles offered for sale by a hawker, peddler
or vendor.
No door to door canvassing shall occur from dusk to 9:00 a.m.
The license required by this chapter shall be issued by the
Town Council or their designee in accordance with the Town Charter,
Article V. The application for the peddler/vendor/hawker license shall
include the following:
A. Contact information for both the owner and permit applicant.
[Amended 3-23-2023]
B. A description of the type of food, beverage or merchandise to be
sold and, in the case of products of farm or orchard, whether produced
or grown by the applicant.
C. A description of the proposed location of the vending business, except
that vendors from motor vehicles shall describe the general area.
D. A description and photograph 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.
E. A certificate of inspection as required by §
180-10.
F. Written consent of the property owner if the business activity is
to be conducted on private property, any political subdivision property,
agency or division of the State of New Hampshire or the federal government.
G. Proof of an in-force insurance policy issued by an insurance company
licensed to do business in the State of New Hampshire protecting the
licensee and the Town from all claims for damages to property and
bodily injury, including death, which may arise from operations under
or in connection with the license shall be required for any vending
business conducted within a public right-of-way or on any other Town-owned
property. Such insurance shall name as additional insured the Town
and shall provide that the policy shall not terminate or be canceled
prior to the expiration date with 10 days advance written notice to
the Town. Such policy shall provide coverage in the amount of not
less than $100,000 for personal injury and property damage.
H. A completed criminal background investigation dated within the last
six months provided by the applicant in writing from the State of
New Hampshire and the applicant's state of residence. Applicants who
are engaged in their peddler/vendor/hawker activities at an event,
with approval from the event sponsor in writing, and when said event
has obtained all other required approvals from the state and the Town,
are exempt from this criminal background check requirement.
[Amended 3-23-2023]
I. A completed motor vehicle record dated within the last six months
provided by the applicant in writing from the State of New Hampshire
and the applicant's state of residence for those utilizing a motor
vehicle for vending (for example: ice cream trucks or catering trucks).
Peddlers and vendors processing food or beverages for sale shall
comply with the inspection provisions and standards of the health
regulations relative to the licensing of food service establishments
adopted by the Town Council or their designee in accordance with RSA
147:1. The equipment used in vending such food and beverages shall
be inspected by the Health Official or their designee upon application
for a license and receive a certificate of inspection upon compliance
with this section from the Health Official or their designee.
No advertising, except the posting of prices, the name of the
product and/or the name and address of the vendor shall be permitted
on any stand or motor vehicle. A sign permit shall be required for
any freestanding sign and for any signage that remains at the site
after the vending business' hours of operation.
Planning Board site plan review shall not be required for temporary
peddler/vendor sales on private property, provided that the duration
of the business activity does not exceed 35 days within any ninety-day
period and that:
A. The vending business does not occupy any parking spaces, except such
spaces that exceed the minimum number of parking spaces otherwise
required for the site.
B. No required entrances, exits, driveways or fire lanes shall be obstructed.
It shall be required that the individual or individuals who
obtain a license, as provided herein, shall keep the license displayed
openly. In the case of sales being conducted from or upon a vehicle,
cart or wagon, such license shall be displayed openly upon said vehicle,
cart or wagon which it is licensing.
Any person, firm or corporation violating any provisions of
this chapter shall be fined up to but not exceeding $100 for each
offense, and a separate offense shall be deemed committed on each
day during or on which the violation occurs or continues.