For purposes of this chapter, the following definitions shall
apply:
CHARITABLE ORGANIZATION
Any nonprofit organization, association or corporation, including
any policemen, firemen, veteran, civic, fraternal or religious organization,
organized under the laws of this state and holding or eligible to
receive an Internal Revenue Service nonprofit organization number.
CONTACT INFORMATION
The information (such as your name, address, telephone number,
and email address) that tells someone how to communicate with you.
DISQUALIFYING CRIMINAL CONVICTION
Any felony convictions, any conviction involving harassment,
violence, theft, fraud, loitering, prowling, or endangering the welfare
of a child or incompetent.
MOTOR VEHICLE
Any vehicle used for the displaying, storing or transporting
of articles offered for sale by a vendor which is or would be required
to be licensed and registered by the Department of Motor Vehicles.
STAND
Any table, showcase, bench, rack, pushcart, wagon or any
other wheeled vehicle or device which may be moved without the assistance
of a motor and which is not required to be licensed and registered
by the Department of Motor Vehicles used for the displaying, storing
or transportation of articles offered for sale by a hawker, peddler
or vendor.
No door-to-door canvassing shall occur from dusk to 9:00 a.m.
Door-to-door or route-based sales shall register with the Merrimack
Police Department prior to commencing sale activity. Information required
shall include the name, date of birth and photo identification, vehicle
information, dates and times and route to be followed during those
times and any other information the Police Department requires.
The license required by this chapter shall be issued by the
Town Council or their designee in accordance with the Town Charter,
Article V. The application for the license shall include the following:
A. Contact information for both the owner and permit applicant.
B. A description of the proposed location of the business, except that
sales from motor vehicles shall describe the general area.
C. A description and photograph of any stand or motor vehicle to be
used in the operation of the business, including the license and registration
number of any motor vehicle used in the operation of the business.
D. Written consent of the property owner if the business activity is
to be conducted on private property, any political subdivision property,
agency or division of the State of New Hampshire or the federal government.
E. Proof of
an in-force insurance policy issued by an insurance company licensed
to do business in the State of New Hampshire protecting the licensee
and the Town from all claims for damages to property and bodily injury,
including death, which may arise from operations under or in connection
with the license shall be required for any vending business conducted
within a public right-of-way or on any other Town-owned property.
Such insurance shall name as additional insured the Town and shall
provide that the policy shall not terminate or be canceled prior to
the expiration date with 10 days' advance written notice to the Town.
Such policy shall provide coverage in the amount of not less than
$100,000 for personal injury and property damage.
F. A completed
criminal background investigation dated within the last six months
provided by the applicant in writing from the State of New Hampshire
and the applicant's state of residence. Applicants who are engaged
in sales activities at an event, with approval from the event sponsor
on the Town form for sponsors, and when said event has obtained all
other required approvals from the state and the Town, are exempt from
this criminal background check requirement.
G. A completed
motor vehicle record dated within the last six months provided by
the applicant in writing from the State of New Hampshire and the applicant's
state of residence for those utilizing a motor vehicle for vending.
H. A list
of, and the contact information for, all other municipalities in which
the person(s)/entity will transact temporary sales/vendor business.
No advertising, except the posting of prices, the name of the
product and/or the name and address of the vendor/person shall be
permitted on any stand or motor vehicle. A sign permit shall be required
for any freestanding sign and for any signage that remains at the
site after the vending business' hours of operation.
Planning Board site plan review shall not be required for temporary
sales on private property, provided that the duration of the business
activity does not exceed 35 days within any ninety-day period and
that:
A. The sales/vending business does not occupy any parking spaces, except
such spaces that exceed the minimum number of parking spaces otherwise
required for the site.
B. No required entrances, exits, driveways or fire lanes shall be obstructed.
It shall be required that the individual or individuals who
obtain a license, as provided herein, shall keep the license displayed
openly. In the case of sales being conducted from or upon a vehicle,
cart or wagon, such license shall be displayed openly upon said vehicle,
cart or wagon which it is licensing.
Any person, firm or corporation violating any provisions of
this chapter shall be fined up to but not exceeding $100 for each
offense, and a separate offense shall be deemed committed on each
day during or on which the violation occurs or continues.
If any provision of this chapter or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.