[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:
A device that carries or conveys passengers for the purpose
of giving its passengers amusement, pleasure or excitement.
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.
Dancing by patrons in a space provided by a person for that
purpose and includes dancing to recorded or live music of any type.
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.
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.
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.
Includes any person, either principal or agent, 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, either on foot or from
any animal, cart or vehicle;
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
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.
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.
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:
Sales made to dealers by commercial travelers or selling agents.
Hawkers and peddlers, defined herein.
Any person selling only farm produce and/or agricultural products
of his own farm or the one he tills.
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.
Any nonprofit corporation, community chest, fund or foundation
organized and operated exclusively for religious or charitable, scientific,
literary or educational purposes.
Any person conducting business in any industry or association
trade show.
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.
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.
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.
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.
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.
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.
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
As defined by RSA 259:125.
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.
A.
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]
B.
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.
C.
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.
D.
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]
A.
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.
B.
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.
A.
No person shall hawk, peddle, sell, solicit or entertain on public
property without having first obtained a license from the Licensing
Board.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
All activities where minors are employed shall be subject to the
following restrictions:
(1)
All minors shall be supervised by an adult who shall be present at
all times and locations of the activity contemplated by the licensee.
(2)
The adult shall keep the minors within visual sight at all times.
(3)
There shall be a ratio of one supervising adult for every five minors
to be employed.
(4)
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.
J.
This chapter shall not apply to fraternities, societies, churches
or any other group seeking subscriptions or donations from their own
members.
K.
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.
L.
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]
M.
Under this chapter vendors shall submit, along with their application,
a copy of the State of New Hampshire hawkers and peddlers permit.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
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.[1]
T.
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.
U.
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.
V.
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.
W.
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]
A.
Motorcycle Week vending licenses may only be issued for a ten-day
period that shall begin at 8:00 a.m. on Friday 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; 2-28-2022 by Ord. No. 2022-161-11.19]
B.
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.[1]
[Added 2-28-2011 by Ord. No. 03.2011.03]
[1]
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.
C.
No person shall hawk, peddle, sell, solicit or entertain during the
annual motorcycle week without having first obtained a license from
the Licensing Board.
D.
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]
E.
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.
F.
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]
G.
[2]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]
[2]
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.
A.
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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
All taxicab drivers shall be licensed as hereinafter required.
F.
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.
A.
Qualifications of driver. No person shall be permitted to drive taxis
or be issued a license to operate a taxi unless that person:
(1)
Is at least 18 years of age and has had a minimum of two years' experience
driving a motor vehicle.
(2)
Holds a valid New Hampshire driver's license.
(3)
Has submitted the required information, on a form provided, to the
Laconia Police Department.
(4)
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.
(5)
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.
B.
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:
(1)
Any felony not annulled or for which he/she has not received a pardon.
(2)
Conviction of any offense under RSA 632-A (Sexual Assault and Related
Offenses) not annulled or pardoned.
(3)
Conviction of any offense under RSA 318-B (Controlled Drug Act) not
annulled or pardoned.
(4)
A conviction within the preceding five years of operation of a motor
vehicle under the influence of alcohol or controlled drugs.
(5)
A conviction of leaving the scene of an accident.
(6)
A conviction of reckless operation of a motor vehicle.
(7)
A conviction for driving so as to endanger.
(8)
A conviction for making a false statement under RSA 261:73 or RSA
641:2, 641:3, 641:4, and 641:7.
(9)
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]
(10)
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.
(11)
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.
C.
Notification to drivers.
(1)
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.
(2)
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.
(3)
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.
A.
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:
(1)
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.
(2)
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.
(3)
A statement that the junkyard has met all the requirements of RSA
236.
B.
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.
C.
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.
D.
All licenses are personal to the applicant and are not assignable.
E.
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.
F.
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.
G.
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.
A.
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]
B.
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.
C.
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.
D.
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[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E.
E.
Fees.
[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; 2-28-2022 by Ord. No. 2022-161-11.19]
|
Organized Outdoor Event
|
3 to 10 vendors
|
$150
|
3 to 10 vendors
|
$250
| |
|
11 to 20 vendors
|
$300
|
11 to 20 vendors
|
$400
| ||
|
21 to 30 vendors
|
$450
|
21 to 30 vendors
|
$550
| ||
|
31 + vendors
|
$600
|
31 + vendors
|
$700
| ||
|
Organized Outdoor Event, Nonprofit
|
3 to 10 vendors
|
$75
|
3 to 10 vendors
|
$175
| |
|
11 to 20 vendors
|
$150
|
11 to 20 vendors
|
$250
| ||
|
21 to 30 vendors
|
$225
|
21 to 30 vendors
|
$325
| ||
|
31 + vendors
|
$300
|
31 + vendors
|
$400
|
|
Licensing Board Fees
Non-Motorcycle Week
| |||||
|---|---|---|---|---|---|
|
Purpose
|
Vending License Fee
|
Within Seven Days
| |||
|
Not for profit/charitable for any purpose, except MC Week, clerk
fee
|
$10
|
$20
| |||
|
Hawker/peddler/itinerant vendor, except MC Week, per month
|
$50
|
$100
| |||
|
Circus/carnival, per license
|
$50
|
100
| |||
|
Parade/walk, normal route
|
$50
|
$100
| |||
|
Boxing, arts
|
$25
|
$50
| |||
|
Any entertainment/dance/loud speaker with a permanent New Hampshire
liquor license, per quarter
|
$50
|
$100
| |||
|
Any entertainment/dance/loud speaker (one-time event), except
MC Week
|
$50
|
$100
| |||
|
Taxi company, per year
|
$100
|
$200
| |||
|
Taxi driver, per driver, per year
|
$25
|
$50
| |||
|
Junk dealer, per year
|
$25
|
$50
| |||
|
Junkyard
| |||||
|
Initial application
|
$100
|
$200
| |||
|
Renewal, per year
|
$25
|
$50
| |||
|
Pawnbrokers
| |||||
|
Initial application
|
$100
|
$200
| |||
|
Renewal, per year
|
$25
|
$50
| |||
|
Licensing Board Fees
Motorcycle Week
| |||||
|
For vendors in the CR (Commercial Resort) Zone: 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.
| |||||
|
Purpose
|
Vending License Fee
|
Within Seven Days
| |||
|
MC Week vendor, any activity
| |||||
|
Same property
| |||||
|
First location
|
$600
|
$700
| |||
|
Each additional location
|
$600
|
$700
| |||
|
Different properties
| |||||
|
First location
|
$600
|
$700
| |||
|
Each additional property
|
$600
|
$700
| |||
|
Food vendors, health inspection fee (including nonprofits),
per site
|
$75
| ||||
|
Photographer badges, per employee
|
$10
| ||||
|
MC Week nonprofit, any activity
| |||||
|
Same property
| |||||
|
First location
|
$100
|
$125
| |||
|
Each additional location
|
$100
|
$125
| |||
|
Different properties
| |||||
|
First location
|
$100
|
$125
| |||
|
Each additional location
|
$100
|
$125
| |||
|
Photographer badges, per employee
|
$10
| ||||
|
For vendors not in the CR (Commercial Resort) Zone: 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 Special Events Review
Committee, the venue will be responsible to provide those services
at its expense.
| |||
|
Purpose
|
Vending License Fee
|
Within Seven Days
| |
|
MC Week, any activity in zones where vending is permitted, excluding
the CR (Commercial Resort) Zone
| |||
|
Each vendor, any activity
|
$100
|
$125
| |
|
Nonprofit
|
$25
|
$35
| |
|
Entertainment or loudspeaker
|
$100
|
$125
| |
|
Nonprofits
|
$25
|
$35
| |
|
Food inspection fee (including nonprofit)
|
$50
| ||
A.
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.
B.
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.
A.
Any license issued under this chapter may be suspended or revoked
for any of the following reasons:
(1)
Fraud or misrepresentation in the application for the license.
(2)
Fraud or misrepresentation in the course of conducting the business
for which the license was issued.
(3)
Violating any of the terms and conditions of the issued license.
(4)
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.
(5)
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.
B.
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.
C.
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.
D.
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.
[Added 6-27-2022 by Ord. No. 2022-161-25; amended 1-9-2023 by Ord. No. 2022-161-25
(01)]
Pursuant to RSA 179:17, II(b), on-premises licensees in Weirs
Beach, New Hampshire may sell alcohol until 2:00 a.m. according to
state law, on Fridays, Saturdays and during Motorcycle Week until
such time that the licensee violates state law and/or liquor enforcement
rules or regulations. The Chief of Police may also suspend or revoke
the extended hour of sales privilege if at any time he deems it to
be in the best interest of public safety.
