[HISTORY: Adopted by the City Council of the City of Laconia 3-27-1989 by Ord. No. 166-89.1; amended in its entirety 1-11-1999 by Ord. No. 01.99.01. Subsequent amendments noted where applicable.]
There shall be a Licensing Board consisting of the City Manager or designee, the active head of the Police Department or designee and a person who shall be appointed by the City Council for a three-year term. The appointed member shall not be an employee of the City. The Licensing Board shall have charge of granting of licenses provided for by this chapter and shall have all powers, duties and privileges conferred upon such board by applicable provisions of the Revised Statutes Annotated, by the State of New Hampshire or any law or amendment thereof. The members of the Licensing Board shall serve without compensation.
The terms used in this chapter shall be construed as follows unless a different meaning is clearly apparent from the language or context:
- CARNIVAL RIDE OR AMUSEMENT RIDE
- A device that carries or conveys passengers for the purpose of giving its passengers amusement, pleasure or excitement.
- CHARITABLE ORGANIZATION
- Any bona fide religious, charitable, civic, veterans or fraternal organization which shall have been in existence for at least two years and is organized under the laws of this state and to which contributions are exempt from income tax purposes.
- DANCES, DANCING AND PUBLIC DANCING
- Dancing by patrons in a space provided by a person for that purpose and includes dancing to recorded or live music of any type.
- ENTERTAINERS; PERFORMERS; EXHIBITORS
- Any showman, tumbler, rope-dancer, ventriloquist, juggler, fireworks exhibitor or other person who shall, for pay, tip or donation, or without charge, exhibit any feats of agility, horsemanship, sleight of hand, feats of cards or any other show of any kind, or shall perform or exhibit any theatrical or dramatic presentation or other exhibition, performance or show of any kind or description, including exhibitions where there is no immediate sale.
- GAMES OF CHANCE
- Any game involving gambling, as defined by RSA 647:2, IV, or any lottery prohibited by RSA 647:1 and shall include any game involving the use of a slot machine or any other device in the nature of a slot machine.
- GENERAL ENTERTAINMENT
- Any act, live performance, video showing or audio recording planned by or allowed by a person which is intended to amuse or entertain customers or the general public, regardless of how or whether the performers are paid. This definition is broader than live entertainment, but does not include jukebox machines played by patrons or viewing commercial television programs or listening to commercial radio programs unless these activities are components of another type of entertainment.
- A. Includes any person, either principal or agent, who:
- (1) 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, either on foot or from any animal, cart or vehicle;
- (2) Travels from town to town or place to place in the same town offering to perform a personal service for household repairs or improvements or solicits or induces any person to sign any contract relating to household repairs and improvements, including contracts for the replacement or installation of siding on any residence or buildings; or
- (3) Keeps a regular place of business in New Hampshire, open during regular business hours at the same location, but who offers for sale or sells and delivers, personally or through his agents, at a place other than his regular place of business, goods, wares or merchandise.
- B. Provisions of this definition pertaining to hawkers and peddlers shall not apply to persons who offer for sale only farm produce and/or agricultural products of their own or of family members labor or till, nor to itinerant vendors, as defined herein.
- ITINERANT VENDORS
- All persons, both principals and agents, including those persons whose principal place of business is not in this state, who engage in 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 buying samples for future delivery and who, for the purpose of carrying on such businesses hire or occupy a temporary place of business. This chapter and definition shall not apply to the following:
- A. Sales made to dealers by commercial travelers or selling agents.
- B. Hawkers and peddlers, defined herein.
- C. Any person selling only farm produce and/or agricultural products of his own farm or the one he tills.
- D. Any person who operates a permanent business in this state who occupies temporary premises and prominently displays the permanent business name and permanent address while business is conducted from a temporary premises and while that person is selling the same product as is sold at the permanent business.
- E. Any nonprofit corporation, community chest, fund or foundation organized and operated exclusively for religious or charitable, scientific, literary or educational purposes.
- F. Any person conducting business in any industry or association trade show.
- JUNK DEALER
- Any dealer or keeper of shops for the purchase and sale or barter of old junk, old metals, old or secondhand bottles, cottage or wooden mill waste, unfinished, cotton or woolen mill yarns in an unfinished state, not of family manufacture, or secondhand articles, excepting furniture and books, within the City of Laconia, or to accumulate, store or handle such commodities therein for the purpose of sale or barter elsewhere or as bailee for others.
- Any business or any place of storage or deposit, whether in connection with another business or not, which has stored or deposited one or more unregistered motor vehicles which are no longer intended or in condition for legal use on the public highways or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste of discarded or secondhand material which has been a part, or intended to be a part of any motor vehicle, the sum of which parts or material shall be equal in bulk to one or more motor vehicles. "Junkyard" shall also include any place of business or storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for parts for use of the metal for scrap with the intention to burn the material which was part of a motor vehicle or cut up the parts thereof. "Junk" shall also mean old or scrap cooper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junk, dismantled or wrecked automobiles or parts thereof or iron, steel and other old scrap, ferrous or nonferrous, material, whether they are part of a motor vehicle or not.
- MOTOR VEHICLE
- Any vehicle used for the displaying, storing or transporting of articles for sale by a vendor which is required to be licensed and registered by the New Hampshire Department of Motor Vehicles. The term is to include trailers, trucks and automobiles.
- MULTIPLE LOCATION LICENSE
- A license(s) issued by the Licensing Board for any person required to obtain a license under this chapter who intends to sell products at more than one location at the same time or at different times.
- NONCHARITABLE SOLICITATION
- A request for money, credit, property, financial assistance or other thing of any kind in exchange for goods, merchandise or services or any other thing of any kind of value, whether orally, in person or in writing.
- ORGANIZED OUTDOOR EVENT
- An outdoor event or happening organized, hosted or produced
by any person, business, organization, corporation or charitable organization,
for a particular and limited purpose and time, including but not limited
to races/walks, fundraisers, concerts, cultural events, food fairs,
exhibitions, farmers markets, flea markets, at which three or more
vendors will be located. The following specific events do not constitute
an organized outdoor event: Motorcycle Week, 4th of July, and school
events.[Added 1-9-2012 by Ord. No. 03.2012.03]
- A formal or informal procession of people, motor vehicles, floats, etc. using City streets and highways to proceed from one fixed location to another fixed location.
- Any individual, firm, corporation, partnership association, club or other similar groups or entity. It shall include the singular as well as the plural.
- A lottery in which each participant buys a ticket for an article or articles put up as a prize, with the winner being determined by a random drawing.
- SEXUALLY ORIENTED BUSINESS
- Any business as defined in § 235-42 of the City of Laconia Zoning Ordinance, as amended.
- To sell, offer for sale, vend, hawk or request, directly or indirectly, money, credit, property, financial assistance or other things of value on a plea or representation. Specifically excluded from this definition is solicitation by any lawfully established charitable or not-for-profit organization, provided that the proceeds of any such solicitation are used for a charitable purpose within the meaning of RSA 72:23-l.
- SOUND EQUIPMENT AND LOUD SPEAKERS
- Any radio, receiving set, musical instrument, phonograph, television set, loudspeaker or any other sound-amplifying machine or device for the purpose of producing or reproducing sound, spoken words or music and being operated outside of a permanent building or structure.
- Any newsstand, table, bench, booth, rack, handcart or pushcart or any other fixture or device which is not required to be licensed and registered by the New Hampshire Department of Motor Vehicles and is used for the display, storage or transportation of articles offered for sale by a vendor
- STREET, HIGHWAY
- As defined by RSA 259:125.
- TEMPORARY PLACE OF BUSINESS
- Any public or any quasipublic place, including, but not limited to, a hotel, motel, rooming house, storeroom, building, part of a building, tent, vacant lot, parking lot, railroad car, trailer temporarily occupied for the purpose of making retail sales or goods to the public or a portion of any property, lot or parcel adjacent to a public way which is under lease or license temporarily from the owner thereof.
No person shall vend, hawk, sell, peddle, entertain, parade, perform, solicit or exhibit without having first been issued a license by the Licensing Board. License applications shall be on a form provided by the City. For public safety purposes, the City is permitted to obtain certain personal information regarding, but not limited to, age, social security numbers, date of birth and motor vehicle registration information. The City is also authorized to require an applicant to obtain and submit with his/her application a criminal history check and/or a credit history check on the applicant and each person seeking permission to work under a particular license.
[Amended 12-13-2010 by Ord. No. 07.2010.07]
No person shall vend, hawk, sell, peddle, entertain, parade, perform, solicit or exhibit for a period longer than 30 continuous days at the same location. Those persons seeking to vend longer than 30 continuous days shall be subject to site plan review as authorized by Chapter 235, Zoning, of the City's ordinances.
No person shall advertise, announce, post notice or take action in any other manner to notify anyone of any proposed activity hereunder without having first obtained a license for the proposed activity from the Licensing Board.
The vendors at an organized outdoor event are not required to obtain individual licenses under Subsection A if the event organizer obtains an organized outdoor event license. The organized event license and fee shall include within it the licenses and fees for any other license otherwise required for the event under Chapter 161 of the Laconia City Code.
[Added 1-9-2012 by Ord. No. 03.2012.03]
No person shall operate, conduct or cause to be operated or conducted or use any outdoor sound equipment and/or loud speaker of any kind whatsoever for any general entertainment, entertainers, amusement or for any entertainment purpose, as defined in this chapter, without first having obtained a license from the Licensing Board.
Notwithstanding the provisions of this section, no licensed outdoor sound equipment and/or loud speakers shall be permitted to operate past the hour of 9:00 p.m. Sunday to Thursday, and 10:00 p.m. on Friday and Saturday, with the exception of Motorcycle Week, when such equipment shall not be permitted to operate past the hour of 12:30 a.m. Sunday to Sunday. This provision shall not apply to the operation of any radio broadcasting station operating by virtue of a license from the Federal Communications Commission or loud speakers or sound equipment operated exclusively within any building or other permanent structure.
[Amended 5-24-1999 by Ord. No. 08.99.08; 10-23-2000 by Ord. No. 09.2000.09]
No circus, carnival, amusement ride, exhibition, performance or show shall be held in the City of Laconia unless a license is first obtained therefor. This provision shall not apply to the operation of motion-picture movie theaters that are operated on a regular basis.
No person shall give or hold a dance which is open to the public in which an admission is charged without a license from the Licensing Board. Such license shall specify the time and place of the dance; it shall not include more than one place, but such permit may include more than one time, and the times may be expressed in general terms such as "every Tuesday evening." A permit may be revoked at the discretion of the Licensing Board upon request from the Chief of Police. The Licensing Board may require the attendance of a police officer at the location of the dance and charge for the attendance of such officer, which shall be paid by the person or persons requesting the permit, unless such permit expressly states that no such police officer is required. A police officer so designated in attendance at a dance or any police officer present shall have the authority to preserve order in the hall or place, to stop any disorderly conduct of any particular persons and to order or remove from the hall or place any persons disregarding his instructions.
No person shall promote, hold or sponsor a boxing, karate, martial art or wrestling bout or exhibition within the City of Laconia without first having secured a license from the Licensing Board. Such a license shall be valid only on the date and the place specified in the license and shall be issued at the discretion of the Board. Any person desiring to secure such a license shall apply, in writing, to the Licensing Board, setting forth such facts as the Board may subscribe, and it shall show that he/she has complied with the state laws and the rules and regulations of the State Athletic Commission with this regard. The Licensing Board, upon granting such a license, shall immediately notify the Chief of Police, who shall appoint policemen to be present at said bouts or exhibitions. This chapter shall not apply to bouts or exhibitions held by the public schools of the City of Laconia.
Each person who is holding a permanent liquor license from the New Hampshire Liquor Commission and is open to the public with the intent to provide dancing or public dancing or general entertainment as defined by this chapter, must first obtain a license from the Licensing Board.
No person shall hawk, peddle, sell, solicit or entertain on public property without having first obtained a license from the Licensing Board.
No person shall hawk, peddle, sell, solicit or entertain on private property without having first obtained a license from the Licensing Board and written permission from the property owner.
No person shall hawk, peddle, sell, solicit or entertain on park property without having first obtained written permission from the Parks and Recreation Commission and a license from the Licensing Board.
No person who is required to be licensed by this section shall be issued a license without having first presented to the Licensing Board, along with an application, proof of an existing general liability insurance policy, that names the City of Laconia as an additional insured, in an amount no less than $500,000, and that will remain in effect during the term of the license.
All applications for a license shall be submitted, in writing, by an adult, on forms provided for by the City that shall seek certain pertinent information related to the issuance of the license. For every not-for-profit or charitable organization applying for a license under this chapter, the application shall be accompanied by proof of the not-for-profit and/or charitable status, including the New Hampshire not-for-profit and/or charitable identification number.
All licenses approved by the Licensing Board shall be for specific times, dates and locations which shall be set forth in writing by the Licensing Board on each license issued. Notwithstanding the provisions of this section, no vending, hawking, peddling, selling, soliciting, etc., shall be permitted prior to 8:00 a.m. and after 8:00 p.m. with the exception of Motorcycle Week, when vendors shall be permitted to vend until 11:00 p.m. on the Friday of the second full weekend in June and until 12:30 a.m. thereafter.
[Amended 5-24-1999 by Ord. No. 08.99.08; 3-9-2009 by Ord. No. 02.2009.02]
No activity shall take place within any traveled portions of a street, highway or parking lot, and no materials, goods or other items shall be placed or located within the travel portions of any street, highway or parking lot. The exception shall be traveling ice cream vendors who operate a motor vehicle on the streets and highways of the City and have obtained a license according to the terms of this chapter.
No activity authorized by this chapter shall be conducted upon any sidewalk or walkway so as to hinder or interfere with reasonable pedestrian travel and use. No activity, including, but not limited to, the congregation of customers and sales transactions to customers, shall take place whatsoever within 10 feet of any traveled street or highway.
No vendor may operate any outdoor sound equipment or loud speaker to attract attention to his/her vending location without having applied for and obtained an additional permit to operate outdoor sound equipment and/or loud speaker.
All vendors shall be responsible for all trash, waste, solid waste and debris that accumulates within three feet of any vending stand, and such trash, waste or solid waste and debris shall be deposited in a trash container. Food vendors must provide trash receptacles immediately adjacent to their stands.
No activity, including, but not limited to, the congregation of customers and sales transactions to customers, shall be conducted within three feet of any entrance or exit to any occupied building or structure unless written approval by the owner thereof has first been obtained and a copy of said approval has first been delivered to the Licensing Board.
Whenever a licensed activity is before the Licensing Board and the applicant intends to locate in more than one location, the applicant shall be required to identify each location and to obtain a multiple location license.
All activities where minors are employed shall be subject to the following restrictions:
All minors shall be supervised by an adult who shall be present at all times and locations of the activity contemplated by the licensee.
The adult shall keep the minors within visual sight at all times.
There shall be a ratio of one supervising adult for every five minors to be employed.
The name and address of each supervising adult required herein shall be provided to the Licensing Board, in writing, in advance of each day or days of activity.
This chapter shall not apply to fraternities, societies, churches or any other group seeking subscriptions or donations from their own members.
No activity that is authorized by this chapter shall take place on land or in buildings of someone other than the applicant, unless the applicant has obtained written permission from the land and/or building owner on a form provided by the City.
All applications shall be submitted to the Licensing Board at least seven days prior to the activity for which the license is requested. The time limits stated herein shall exclude Sundays and holidays. Any applications received by the Licensing Board within seven days of the activity may be denied by the Board in its discretion; however, the Board shall charge an additional fee for any application submitted within seven days of the activity in the event that such application is approved by the Board, which fee shall be twice the normally charged fee. Exception: Motorcycle Week late fee payment for permits requested within seven days of the event shall be $100 for the first location on each property and $25 for additional locations on the same property. The late fee for non-profits will be $25.
[Amended 5-10-1999 by Ord. No. 06.99.06; 10-23-2000 by Ord. No. 09.2000.09]
Under this chapter vendors shall submit, along with their application, a copy of the State of New Hampshire hawkers and peddlers permit.
All food vendors who will be vending four days or times within a thirty-day period shall first obtain a certificate of approval from the New Hampshire Department of Health, Bureau of Food Protection.
Any food vendor who is using gas, oil or any other fuels source shall file an application with and receive a permit from the Laconia Fire Department.
Tattoo vendors shall be permitted to file an application, however, no license shall be issued unless and until the tattoo vendor presents written approval from the New Hampshire Department of Health.
Photographic or nonphotographic identification badges may be required by the Licensing Board as a condition of application approval. The Board may require the badges to be worn by all participants of any licensed activity as a condition of any application approval. The identification badge must be worn and publicly displayed by the vendor at all times when engaged in vending according to the terms of the permit. Badges shall be used only by the person to whom they were issued and cannot be transferred to any other person.
No license shall be issued to any person who has previously obtained a license and such license was suspended or revoked for violations of this chapter or any other City ordinance, state or federal law. No license shall be issued to any person who has previously obtained a license and whose check was returned to the City for any reason and remains uncollected.
With the exception of door-to-door solicitation, ice cream vendors in motor vehicles and parades, no vendor, hawker or peddler shall be licensed to operate in the RR1, RR2, RS, RG and RA Zones of the City, as defined in the City's Zoning Ordinance, as amended.
The Licensing Board may deny any application in any case where it deems there to be articulable, reasonable and sufficient reasons for such denial, whether set forth in this chapter or this section or not, and may deny any application which would constitute a risk to persons or property, however slight in either case, or be a public nuisance or pose an increased demand on City services.
No license shall be issued for any activity that would be in violation of this chapter, any other ordinance of the City of Laconia, or any state statue or federal law.
The Licensing Board may, in its sole discretion and prior to approving any license governed by this chapter, require proof of an existing general liability insurance policy that names the City of Laconia as an additional insured, in an amount no less than $500,000, and that will remain in effect during the term of the license.
Vending licenses related to the sale, solicitation or entertainment of products or services related to or affiliated with Motorcycle Week shall only be issued for a period of time that commences at 12:00 noon on the Friday of the second full weekend in June and ends at 12:00 midnight on the Sunday of the third full weekend of June. This subsection shall not apply to the sale of raffle tickets conducted by nonprofit organizations registered with the N.H. Attorney General's Office. No vending licenses related to the establishment of so-called "beer tents" shall be issued for the time period commencing at 12:00 noon on the Friday of the second full weekend in June and ending at 8:00 a.m. on the Saturday of the second full weekend in June.
[Amended 2-14-2005 by Ord. No. 03.2005.03; 3-9-2009 by Ord. No. 02.2009.02]
Motorcycle Week vending licenses may only be issued for a ten-day period that shall begin at 12:00 noon on Friday (optional) of the first weekend of Motorcycle Week and end at 12:00 midnight on the Sunday of the second weekend of Motorcycle Week.
[Amended 2-8-1999 by Ord. No. 02.99.02; 10-23-2000 by Ord. No. 09.2000.09; 3-9-2009 by Ord. No. 02.2009.02]
The CR (Commercial Resort) Zone is a Motorcycle Week intensive traffic and pedestrian zone requiring additional City and state resources, predominately law enforcement, fire protection, emergency medical services, public health, traffic control, and trash removal. This zone must, through licensing vendor fees, cover the cost of these services. The remaining zones are far less intensive and require far fewer resources. Any venue in the remaining zones is subject to Motorcycle Week technical review and approval. If additional services are required in these zones, as determined by department heads, or the Motorcycle Week Technical Review Committee, the venue will be responsible to provide those services at their expense.
[Added 2-28-2011 by Ord. No. 03.2011.03]
Editor's Note: Former Subsection B, which provided for licensing during times other than Motorcycle Week, as amended 5-24-1999 by Ord. No. 08.99.08, was repealed 10-23-2000 by Ord. No. 09.2000.09.
No person shall hawk, peddle, sell, solicit or entertain during the annual motorcycle week without having first obtained a license from the Licensing Board.
Any person who intends to vend only in one location and only on one lot shall be required to obtain one license. A separate license is required for each additional location, whether on the same or a different lot or lots. The fees for such license shall be established pursuant and are set out in § 161-19 of this chapter.
[Amended 5-24-1999 by Ord. No. 08.99.08]
No person who has obtained a vending license to vend for motorcycle week shall allow any other person to use or occupy the space without first obtaining a separate license in accordance with the requirements of this chapter.
Any application submitted after June 1 for a license to vend during motorcycle week shall be accompanied by cash, money order or similar payment.
[Amended 5-24-1999 by Ord. No. 08.99.08]
Any individual who intends to take photographs during and of Motorcycle Week for the purpose of selling the photographs to the subjects or to the public either during the event or after is not required to conduct the licensed activity in one particular location, but must do so within vendor areas allowed by the Motorcycle Technical Review Committee. An individual who is taking photographs in the course of his employment with a business, organization, corporation, or charitable organization is not required to obtain an individual license so long as the employer obtains a license in the employer's name. The application for such a photographer license shall include the identification of a physical address and telephone number where complaints or questions can be directed during and after Motorcycle Week.
[Added 1-9-2012 by Ord. No. 03.2012.03]
Editor's Note: Former Subsection G, which prohibited the issuance of licenses during Motorcycle Week, was repealed 5-10-1999 by Ord. No. 07.99.07.
Purpose and findings. This section is adopted by the City of Laconia for the purpose of upholding and supporting public health, pubic safety, morals and public order.
The establishment and licensing of temporary sexually-oriented businesses within the City of Laconia is deemed to be contrary to the societal interest in order and morality. In addition, it has been found from experience that the establishment of temporary sexually-oriented businesses has caused harmful secondary effects within the City of Laconia on a higher level than associated with permanent establishments, such as, but not limited to, inducement of patrons and others to acts of public indecency, disorderly conduct, exposure of sexually explicitly materials to minors, difficulty of enforcement due to the temporary nature of the business and the transient status of the business owner, and other undesirable or criminal behavior.
Therefore, no license shall be issued under this chapter for any sexually-oriented business, as defined in § 235-42 of the City of Laconia Zoning Ordinance, or for any activity otherwise permitted under this chapter which consists to any degree of or is combined in any way with any such sexually-oriented business.
No person shall operate or cause to be operated a taxicab within the limits of the City of Laconia unless a license has therefor been provided. No license shall be issued unless the Licensing Board shall have held a public hearing in order to determine that public convenience and necessity require the operation of said taxicab. Evidence shall be submitted by the applicant on the question of convenience and necessity from at least three sources, one being the school system, one being retail business and one a local industrial business, and such other information as may be required by the Licensing Board. Application for such license shall be made on forms provided by the Licensing Board, which will keep a record of all applications and licenses granted, and all licenses shall be numbered in order as granted. All applications shall set forth the name, age and address of the applicant, the trade name under which the applicant does or proposes to do business, where the proposed stands and garages are to be located, the number of vehicles the applicant desires to operate, with clear description of each vehicle, and such other facts as the Licensing Board may require. No license granted hereunder shall be sold, assigned or transferred in any way. Upon issuing such a license, the Licensing Board shall be guided by the following criteria:
All applicants shall prove to the satisfaction of the Board that they are thoroughly familiar with the topography and street layout of the City of Laconia.
Every applicant for a license to operate a taxicab shall file with the Licensing Board, before the license is issued, a policy or certificate of liability insurance covering the period of the license for which taxicab the license is sought, said policy of certificate of liability insurance to be acceptable and approved by the City Solicitor and issued by a company authorized to do business in the State of New Hampshire, and insuring the applicant in the sum of $500,000 for injury to one person and $1,000,000 for any injuries arising out of one accident and for property damage in the amount of $300,000 in any one accident throughout the operation of the taxicab of the applicant. Such certificate or policy of liability insurance shall have incorporated in it as part of said policy that it will not be canceled except upon 10 days' written notice to the insured and to the Licensing Board for the City of Laconia.
The Licensing Board may, in the interest of public safety, after issuance of a license and upon 12 hours' notice, order any person, firm or corporation operating a taxicab, pursuant to this chapter, to present such taxicab to the Chief of Police or to any authorized motor vehicle inspection station that he may designate in order for proper inspection for mechanical defects to be performed by a competent mechanic.
All taxicabs licensed under the provisions of this section shall be equipped with and carry appropriate safety devices for the passengers thereof, including children. Such equipment and devices may be specifically required by the Licensing Board.
All taxicab drivers shall be licensed as hereinafter required.
Appropriate stands and garages shall be provided, and all City zoning requirements shall be met.
All taxicab drivers will be licensed annually. Taxi drivers or owners of any taxi company licensed in the City of Laconia will provide the Licensing Board with the name, address, date of birth and license number of all persons who are to drive the vehicles for the purpose of transporting customers. The Licensing Board shall submit such names to the Police Department for a check of each driver's criminal record and motor vehicle record. If such driver is found to be qualified to bear the responsibility of such transportation, the Police Department shall cause said driver to be issued a picture identification.
Qualifications of driver. No person shall be permitted to drive taxis or be issued a license to operate a taxi unless that person:
Is at least 18 years of age and has had a minimum of two years' experience driving a motor vehicle.
Holds a valid New Hampshire driver's license.
Has submitted the required information, on a form provided, to the Laconia Police Department.
Can read and speak the English language sufficiently to converse with the public, to understand highway traffic signs and signals, to respond to official inquiries and to make entries on required reports and records.
Is physically qualified to operate a motor vehicle and can produce a copy of a physical examination report done by a licensed physician, if requested by the Licensing Board.
Disqualification of drivers. An applicant for a taxi driver's license or any person who has been issued a taxi driver's license shall be disqualified for the issuance or retention of a license if he has been convicted of any of the following:
Any felony not annulled or for which he/she has not received a pardon.
Conviction of any offense under RSA 632-A (Sexual Assault and Related Offenses) not annulled or pardoned.
Conviction of any offense under RSA 318-B (Controlled Drug Act) not annulled or pardoned.
A conviction within the preceding five years of operation of a motor vehicle under the influence of alcohol or controlled drugs.
A conviction of leaving the scene of an accident.
A conviction of reckless operation of a motor vehicle.
A conviction for driving so as to endanger.
A conviction for making a false statement under RSA 261:73 or RSA 641:2, 641:3, 641:4, and 641:7.
A conviction for operating after suspension or revocation, except for those suspensions or revocations that are the result of administrative violations.
[Amended 3-22-1999 by Ord. No. 04.99.04]
Such other combination of convictions of any criminal or motor vehicle laws that the Licensing Board believes may have a direct bearing on the driver's fitness to be licensed to drive a taxi.
It is determined that there is evidence of a previous accident involvement that may have a direct bearing on the driver's fitness to drive.
Notification to drivers.
In cases involving refusal to issue a license, revocation or immediate temporary suspension of a driver's permit, the Licensing Board shall prepare a notice of action and deliver a copy of said notice to the driver and taxicab owner, if different, either in person or by regular postal service, of his entitlement to an informal administrative hearing. Such notice shall be provided within 10 working days prior to an informal administrative hearing being conducted, unless sooner held by mutual agreement.
The Licensing Board may issue or reissue a license if the applicant or licensee satisfies a majority of the Board that he/she is fit at the present time to hold such license.
No hiring of a driver shall be finalized prior to approval by the Laconia Licensing Board, and no driver may operate a taxicab without a permit issued by that Board.
[Amended 1-24-2005 by Ord. No. 02.2005.02]
Any charitable organization desiring to conduct a raffle under the provisions of RSA 287-A shall first obtain a permit or license to do so by the Licensing Board. All licenses issued hereunder shall expire at the time of the completion of the raffle for which the license was obtained, and any such license shall not be transferable to any other organization or raffle. Each organization conducting a raffle licensed under this chapter shall provide a copy of a raffle ticket and provide low to high numbers where appropriate.
Any charitable organization desiring to conduct a game of chance under the provisions of RSA 287-D shall first obtain a license to do so by the Licensing Board. Only one license per calendar year shall be issued to each application. The Board, in granting a license under this section, shall be bound by the requirements of RSA 287-D:2 or any revision thereto.
Any person who is a junk dealer shall obtain a license from the Licensing Board. As a prerequisite to granting such a license, the Licensing Board shall designate the place where the business is to be carried on, and the license shall contain a condition that the person to whom it is granted shall not purchase from any minor under the age of 16 years nor barter with any such minor for any commodity specified in RSA 322:1 without the written consent of his parents or guardian. In addition, the accumulation or storage of commodities designated in § 161-2, definitions of junk dealer and junkyard, hereof shall be prohibited except upon expressed approval of the Zoning Board of Adjustment for the City of Laconia. In addition, all licenses shall identify the premises used by the licensee for the purpose of his business to ascertain how he conducts his business and examine all commodities purchased, obtained, kept or stored in or upon said premises and all books and inventories relating thereto. Every such licensee, his clerk, his agent, servant or other person in charge of the premises shall exhibit to such officer on demand any or all such commodities, books and inventories. Every license and licensee shall be numbered and each licensee collecting any of the aforesaid commodities in any motor vehicle or in any other form of conveyance shall have placed on the outside of said motor vehicle or other form of conveyance, upon each side of the same, the number of the license in plain legible figures not less than three inches high so that the same may be distinctly seen and read. Every person going about from place to place collecting said commodities named in § 161-2, definitions of junk dealer and junkyard, hereof shall also wear a badge on his person, the number of his license thereon so placed so that the license number may be distinctly seen and read. The badge shall be furnished by the Licensing Board upon the payment of a suitable fee, as provided for hereafter.
No person shall operate, establish or maintain a junkyard within the City of Laconia unless he has obtained a license to do so and he has obtained a certificate of approval for the location of the junkyard. All applications for a license under the provisions of this section must contain a description of the land upon which the junkyard is to be located, and the description is to be made by reference to so-called perimeter boundary markers. In ruling on any such application, the Licensing Board may take into account the suitability of the applicant with specific reference to his ability to comply with the fencing requirements which are contained hereinafter. In addition to the general requirements contained elsewhere in this chapter, the applicants will provide evidence of the following:
Proof of legal ownership or right to the use of the property by the applicant for the license. A statement of the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering, shall be provided to the Licensing Board.
A statement of whether or not the proposed location can be reasonably prevented from effecting public health, safety or morals of the general public by reason of offensive or unhealthy odors or smoke or other causes.
A statement that the junkyard has met all the requirements of RSA 236.
No license will be granted for any establishment that is located less than 660 feet from the right-of-way lines of a Class I, Class II or Class III highway or located less than 300 feet from the right-of-way lines of any Class IV, Class V or Class VI highway.
The Licensing Board may take into consideration a clean, wholesome and attractive environment, which is hereby declared to be of vital importance to the continuance of stability and development for the tourist and recreational industry of the City of Laconia and the general welfare of its citizens. The Board may consider whether or not the use of the proposed location can be reasonably prevented from having an unfavorable effect thereon. The Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view and the proximity of the proposed junkyard to established tourist and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
All licenses are personal to the applicant and are not assignable.
All junkyards shall be completely surrounded by a solidly constructed fence at least eight feet in height which substantially screens the area and with a suitable gate which shall be closed and locked, except during the working hours of the junkyard or when the applicant or his agents are within. All motor vehicles and parts stored or deposited by an applicant shall be kept within the enclosure of the junkyard, except as removal is necessary as transportation in the reasonable course of business. All wrecking or other work on such motor vehicles and parts and burning of vehicles shall be accomplished within an enclosure.
An applicant shall comply with all zoning requirements in the City of Laconia, and where there is a conflict of these provisions with the Zoning Ordinance, the Zoning Ordinance shall control.
Granting of a license shall only take place after a hearing has been afforded the applicant, as required by RSA 236. After all hearings, the Licensing Board shall, within two weeks, make a finding as to whether or not the application for a license will be granted, giving notice of its finding to the applicant by mail, postage prepaid, the address given on the application. If approved, the license, including the certificate of approved location, shall forthwith be issued, to remain in effect until the next following April 1. All licenses shall be renewed thereafter upon payment of an annual license fee, without a hearing, if all provisions of this chapter are complied with during the license period and if the junkyard does not become a public nuisance under the common law or does not become a nuisance under the provisions of RSA 236:119 and if the applicant is not convicted of any type of larceny or of receiving stolen goods.
The Licensing Board is empowered to establish reasonable fees to be paid to the City of Laconia for all licenses provided for in this chapter. In establishing such fees, the Licensing Board is to take into account the average cost of material necessary to produce the license, as well as the average cost of the employee time in processing a license and in conducting inspections from time to time after the issuance of the license. All fees so established by the Licensing Board shall be submitted, in writing, annually to the City Council for its approval. Upon approval by the City Council, the schedule of fees shall be available in the Licensing Department; copies shall be made available to the public when requested. In addition, copies of all fee schedules shall be given to the applicants upon request.
[Amended 1-9-2012 by Ord. No. 03.2012.03]
The Licensing Board is specifically empowered to charge and collect from all applicants the wages and fringe benefits to be paid for any police officer who is required to be at any function hereby licensed where such requirement is imposed by the Licensing Board during the application process. The Licensing Board, in its sole discretion, shall have the authority to require such payment in advance or to be posted by appropriate bond or letter of credit prior to any happening or new event. Such bond or letter of credit shall be in a form approved by the City Solicitor.
The Licensing Board is specifically empowered to charge and collect from all applicants a fee that is greater in amount than other fees when the event to be licensed takes place during times of City-wide, regional or state-wide events that require the Laconia Police Department to hire, employ or contract for additional police services for crowd and traffic control.
The Licensing Board does not have the authority to waive or reduce the fees established in this chapter. The City Council is authorized to waive or reduce fees upon application for good cause shown.
[Added 1-9-2012 by Ord. No. 03.2012.03]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.
[Amended 10-23-2000 by Ord. No. 09.2000.09; 10-23-2006 by Ord. No. 02.2006.02; 11-27-2006 by Ord. No. 04.2006.04; 3-9-2009 by Ord. No. 02.2009.02; 12-13-2010 by Ord. No. 07.2010.07; 2-28-2011 by Ord. No. 03.2011.03; 1-9-2012 by Ord. No. 03.2012.03]
Whenever the Secretary of the Licensing Board shall receive an application for a license to conduct an activity that is intended to begin before the next scheduled meeting of the Licensing Board, the Secretary shall have the authority to approve the application if it meets all requirements of this chapter. Any such approval shall impose such special fees, time limits or other conditions as may apply by previous action of the Licensing Board. The Secretary's written approval of an application under this section shall reference this section as authority for the approval. Upon such expedited approval, the Secretary shall prepare the license for the City Manager's signature and for fee collection and attestation by the City Clerk. All expedited approvals shall be presented to the Licensing Board at its next meeting for ratification or revocation, and the minutes of the meeting shall reflect such action. Nothing in this section shall require the Secretary to approve any application, nor shall this section prevent the Licensing Board from holding a special meeting to act upon any applications.
This section shall not apply to license applications pertaining to circuses, carnivals, amusement rides, exhibitions, performances, shows of any kind, dances, boxing matches, taxicabs, junk dealers or junkyards.
[Amended 12-14-2009 by Ord. No. 09-2009.09]
Suspension, revocation, violations and penalties.
Any license issued under this chapter may be suspended or revoked for any of the following reasons:
Fraud or misrepresentation in the application for the license.
Fraud or misrepresentation in the course of conducting the business for which the license was issued.
Violating any of the terms and conditions of the issued license.
Conducting the business for which the license was issued in such a manner as to create a public nuisance or to pose a threat to public health, safety or welfare or in violation of any health or sanitation law, rule or regulation.
Any person who is conducting the business for which the license was issued and during the period for which the license is issued is charged with violating any City, state or federal ordinance, law or statute.
The City shall deliver or cause to be delivered a written notice to the license holder or to any person conducting business under the license, that the license is being suspended and/or revoked and the reasons for which such action has been taken. Any member of the Licensing Board, police officer or any other authorized representative of the Board shall have the authority to enforce the provisions of this chapter, and to take action under this section to serve notice of suspension and/or revocation.
The holder of the license may appeal such suspension and/or revocation to the Licensing Board within 10 days of being served or receiving notice of suspension and/or revocation and not thereafter.
Any person who violates this chapter shall be guilty of a violation, the penalty for which shall be a fine of not more than $500 for each day or portion thereof that the violation exists. Such person shall be deemed to be guilty of a separate offense for each and every day during a portion of which any violation of this chapter is committed.
The Licensing Board shall hold such meetings as it shall consider necessary for the conduct of its business. The Licensing Board shall determine the dates, times and locations of its meetings. All Board meetings shall be subject to the provisions of RSA 91-A.
The Licensing Board is authorized to approve a refund of vending fees; provided, however, that no refund shall be authorized whenever a vendor has collected their license and initiated vending for any period of time. Requests for refunds shall be submitted to the Board, in writing, stating the reasons for a refund and shall be considered by the Board at the next regularly scheduled meeting.
The property owner, and any applicant for a license governed by this chapter, shall jointly and severally be responsible and liable for compliance with all the terms of this chapter, and any and all violations of same.