[HISTORY: Adopted 6-18-1986 by the Board of Selectmen of
the Town of Wolfeboro. Amendments noted where applicable.]
The purpose of this chapter is to promote public
convenience and necessity by providing for the use of public streets
by street peddlers while preserving the free and unobstructed passage
of pedestrians and traffic, to provide for a fair allocation of limited
peddler space on congested streets in the Town and to assure that
peddler operations are safe, neat and sanitary.
The provisions of this chapter are adopted pursuant
to the authority granted by RSA 31:102-a and are in addition to any
requirements imposed by the State of New Hampshire under either RSA
320 or RSA 321.
It shall be unlawful for any person to engage
in the business of hawker, peddler or itinerant vendor as defined
in RSA 320:1 and RSA 321:1 in the Town of Wolfeboro without first
obtaining a license as provided herein.
A.
Transient sales. A transient sales license shall permit
the holder to go from door to door or place to place within the Town.
Holders of such permits shall not be allowed to vend from vehicles,
carts or other conveyances at public places in the area from Libby
Street to Pickering Corner, including Dockside, Railroad Avenue, Central
Avenue or Glendon Street. Holders of this permit shall not be allowed
to vend from any public place in the Town except that vehicles, carts
or other conveyances holding such a permit shall be permitted to stop
at public beaches and recreation areas for a reasonable period of
time and only as long as such stopping does not interfere with the
movement of other traffic at such beaches or recreational areas.
B.
Pushcart license. A pushcart license shall permit
the holder to vend from an assigned location in the area permitted
for pushcarts. The number of pushcart licenses issued shall be limited
to the number of designated pushcart spaces.
The words "hawker," "peddler" and "itinerant
vendor" as used herein shall be defined as in RSA 320:1 and RSA 321:1
and shall include any hawker, peddler or itinerant vendor, trader,
farmer, merchant or other person who sells or takes orders for merchandise
from temporary or transient sales locations within the Town of Wolfeboro
or who goes from town to town or place to place within the Town for
such purpose.
A.
The applicant shall file a completed application form
with the Town of Wolfeboro. The applicant shall provide a copy of
a current, valid New Hampshire hawker's permit prior to the issuance
of a license pursuant to this chapter and furnish proof of product
liability.
[Amended 11-18-2009]
B.
If more than one application is filed for one area,
priority will be given to existing Wolfeboro businesses. If there
remain multiple applications after applying such priority, there will
be a lottery to pick the successful applicant. Lottery will be by
picking numbers out of a hat.
[Amended 11-18-2009]
C.
The permit will be in effect from May 1 to December
31.
A.
No permit shall be issued when the applicant's cart
exceeds three feet in width or five feet in length.
B.
Each vendor shall make a trash receptacle available
to the public at his location and shall be responsible for collection
and removal at his location.
C.
Vendors shall be allowed to occupy only those spaces
specifically designated for vending.
D.
No vendor shall be allowed to occupy any designated
parking space.
E.
Except as hereinafter described, there shall be no
vending from the public streets and areas of the Town of Wolfeboro.
F.
No vendor shall, within 100 feet of an established
business, offer for sale any like item offered by any other established
business within that distance, which includes but is not limited to
clothing apparel, food, etc.
[Amended 6-28-1989]
G.
No cart shall be left unattended.
H.
All carts shall be off the streets between the hours
of 11:00 p.m. and 7:00 a.m. of each day.
I.
Each vendor shall be responsible for maintaining their
operation in conformance with the laws and regulations of the State
of New Hampshire and the Town of Wolfeboro and shall be required before
receiving a permit to furnish evidence of insurance coverage holding
the Town harmless from any liability caused by the vendor's operation.
J.
Vendors must activate their licenses for at least
three months.
The following areas shall be available for use
to persons holding a valid pushcart license from the Town of Wolfeboro:
A.
Dockside, at that area near Lake Winnipesaukee near
the shelter at the docks as marked.
B.
South Main Street, south of the intersection of Wharf
Avenue as marked.
C.
Railroad Avenue, south side near South Main Street
as marked.
D.
Across the street from the downtown post office, not
more than 10 feet south of the crosswalk in front of Cate Park.
[Added 6-28-1989]
All licenses issued shall expire on December
31 of each year.
Persons holding permits issued by the Town of Wolfeboro shall have until January 31 of each year to renew such permit. Any person failing to renew said permit within the allotted time shall be required to make application as set forth under § 73-6, Application procedure.
No license issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued. No such license is transferable.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Selectmen after notice and hearing for any of
the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler, hawker or itinerant
vendor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
(6)
Failure
to activate a license by no later than June 15.
[Added 11-18-2009]
B.
Notice of the hearing for revocation of a license
shall be given in writing setting forth specifically the grounds of
complaint and the time and place of hearing. Such notice shall be
mailed, postage prepaid, to the licensee at his last known address,
or served in hand to the licensee at least five days prior to the
date set for the hearing.
Hawkers, peddlers and itinerant vendors are
required to exhibit their licenses at the request of any citizen.
The fee for a transient sales permit shall be
$25 and for a pushcart license not less than $25 per month; $150 for
entire six months.
Any persons convicted of a violation of any
provisions of this chapter shall be guilty of a violation as defined
by the Criminal Code of the State of New Hampshire. A separate offense
shall be deemed committed upon each day during which a violation occurs.
