[HISTORY: Adopted by the Annual Town Meeting of the Town of Merrimack 5-11-1995 by Art. 20; last amended by Town Council 1-25-2018; amended in its entirety 5-23-2024. Subsequent amendments noted where applicable.]
A. 
All persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within the Town of Merrimack or who go from place to place within the Town for such purposes, as defined in RSA 31:102-a, must, before engaging in such activities, apply to the Town Council for and receive a license under this chapter prior to engaging in such activities. Food trucks and food vending are not covered by this Chapter 180; please refer to Chapter 136, Food Service.
B. 
All persons who travel from town to town, or place to place in the same town, offering to perform personal services for household repairs or improvements, or solicit or induce any person to sign any contracts relating to household repairs and improvements, must, before engaging in such activities, apply to the Town Council for and receive a license under this chapter.
C. 
License application forms shall be available at the office of the Town Manager, Merrimack, New Hampshire, and the Town of Merrimack website.
D. 
Applications for vendor license must be submitted no later than seven business days prior to the date of the event or the date sales are to begin. Applications that are incomplete (missing copies of required license/permit information or other information) will not be accepted.
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.
A. 
Before the issuance of a license hereunder, the applicant shall provide to the Town Council or designees a completed criminal background investigation and a motor vehicle record provided by the applicant, in writing, from the State of New Hampshire and the applicant's state of residence. See § 180-6F for exception.
B. 
License exceptions. The following shall be exempt from the licensing requirement of this chapter but shall comply with the requirements and restrictions of §§ 180-8 through 180-11 and 180-14 of this chapter:
(1) 
Any charitable organization, including public schools, which provides services to benefit the public when no part of the entity's earnings benefit any private shareholder or individual. A charitable organization must still complete the top section of the temporary sales locations and vendors application. Unless the charitable organization is running/coordinating/organizing the event (in which case the above exception applies), the mere involvement of a charitable organization does not exempt or except a noncharitable organization from the full licensing requirements of this chapter; for example, a noncharitable person or entity running an event, where a charitable organization is a partner or receives a donation from the event, must still comply with the full licensing requirements of this chapter.
(2) 
Any person conducting business in any industry or association trade show; further, such is exempt per se and application to the Town Council is not required.
C. 
Chapter exemptions. The following are exempt from this chapter in its entirety:
(1) 
The sale of balloons, popcorn or other souvenirs and food products at a parade, as long as the parade has been licensed in accordance with RSA 286:2.
(2) 
Any person selling, at or on his or her own property or residence, the product of his or her own labor, the labor of his or her family or the product of his or her own farm or the one he or she tills.
(3) 
Any person conducting the sales of personal household goods at or on his or her own property or residence, or property of others with the property owner's permission. Written permission shall be available for display upon request at all times (yard sales).
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.
A. 
One-day license: Each license shall be valid for only the calendar day for which the license is issued. The fee for such a license shall be $50.
B. 
One-week license: Each license shall be issued for a specific time period from two to up to seven consecutive days. The expiration date shall appear on the approved license. The fee for such license shall be $100.
C. 
Annual license: Each license shall expire after one year; the year shall run April 1 through March 31. The fee for such a license shall be $250 annually per cart, stand or motor vehicle from which goods are sold.
D. 
Licenses are not transferable and shall be issued only for a specific cart, stand or vehicle to be located at a specific location. An additional license shall be required for each additional cart, stand or vehicle or for any change in the location of the vending/sales business.
A. 
Persons may apply for a multilocation license for the purpose of vending/selling from a specific cart, stand, or vehicle in multiple locations.
B. 
Application for multiple location license may only be made at the time of the person's initial application each license year (April 1 through March 31).
C. 
Persons covered by this chapter must first purchase an annual license for one location. The fee for a second location shall be $100. The license fee shall be $25 for each additional location beginning with the third location.
D. 
Persons must give the Merrimack Police Department twenty-four-hour notice prior to commencing sales activity at additional locations.
A. 
No person covered by this chapter shall:
(1) 
Vend/sell within 500 feet of the grounds of any elementary or secondary school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.
(2) 
Store, park or leave any stand overnight on any street or sidewalk or park any motor vehicle other than in a lawful parking place, in conformance with the Town and state parking regulations.
(3) 
Leave any location without first picking up, removing and disposing of all trash or refuse remaining from the sales made by the licensee.
(4) 
Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand or motor vehicle or outside of the approved vending area.
(5) 
Set up, maintain or permit the use of any table, crate, carton, rack, sign or any other device to increase the selling or display capacity of his or her stand or motor vehicle where such items have not been described in his or her application or may be in violation of any other Town ordinance or regulations.
(6) 
Solicit or conduct business with persons in motor vehicles within the traveled way.
(7) 
Sell or distribute anything other than what is described and permitted in their license or application.
(8) 
Sound or permit the sounding of any device which produces a loud and/or raucous noise or use or operate any loud speaker, public address system, radio sound amplifier or similar device to attract the attention of the public, with the exception of ice cream trucks, while moving.
(9) 
Sell, offer or solicit for sale any goods or merchandise on any Town-owned property unless expressly approved by the Town Council. This is done at a public Town Council meeting. In this case, a completed agenda request form must be submitted to the Council along with a completed application package at least 14 days prior to the date of the event or the date sales are to begin. If there is not a Town Council Meeting within 14 days of submission, the application may be placed in the sign file for Town Council consideration for approval.
(10) 
Vend/sell within 50 feet of any building or storefront housing a business selling the same or similar food, merchandise, or project except during special one-day events or while such business is closed.
(11) 
Vend/sell within 20 feet of an entranceway to any building.
(12) 
Vend/sell within 30 feet of any driveway entrance to a police or fire station or within 10 feet of any other driveway entrance.
(13) 
Vend/sell within 20 feet of a crosswalk at any intersection.
(14) 
Allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure.
B. 
No person covered by this chapter who is selling from a motor vehicle shall:
(1) 
Conduct his or her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles.
(2) 
Stop, stand or park his or her vehicle upon any street for the purpose of selling or sell on any street under any circumstances during the hours when parking or stopping or standing has been prohibited by signs or curb markings or is prohibited by statute or ordinance.
(3) 
Stop, stand or park his or her vehicle within 30 feet of the edge of the traveled way of any intersection. Vehicles vending/selling products likely to attract children as customers shall park curbside when stopping to make a sale.
(4) 
Vend/sell without the insurance coverage specified in § 180-6E.
(5) 
Leave any motor vehicle or stand unattended.
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.
A. 
Denial of license.
(1) 
The Town Council or designee may deny a license under circumstances where it is reasonably perceived that the product(s) sold would be incompatible with the surrounding neighborhood.
(2) 
Any person having his license denied may request in writing reconsideration by the Town Council.
B. 
Revocation of license.
(1) 
Any licensee who shall be guilty of fraud, cheating or misrepresentation, whether through himself or through an employee, while selling or peddling in Merrimack, or who shall sell any good, merchandise, service, or wares other than those specified in the application for a license shall be deemed guilty of a violation of this chapter.
(2) 
Any person violating any provisions of this chapter shall have his license revoked by the Town Council or their designee.
C. 
Waiver of license.
(1) 
The Town Council may, at their sole discretion, waive some or all of this chapter.
A. 
Nothing herein shall be construed to require the Town Council to issue a license that would be in conflict with any contract, permit, approval or franchise agreement granted to persons or organizations to exclusively vend food or merchandise from a fixed location.
B. 
The licensee shall provide a copy of their approved Merrimack temporary sales locations and vendor license to the Merrimack Police Department upon request.
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.