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:
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.
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.
HAWKER AND PEDDLER
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.
JUNKYARD
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]
PARADE
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.
PERSON
Any individual, firm, corporation, partnership association,
club or other similar groups or entity. It shall include the singular
as well as the plural.
RAFFLE
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.
SOLICIT
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.
STAND
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
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 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 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.
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.