[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. Subsequent amendments noted where applicable.]
A.
All itinerant vendors, hawkers, peddlers, traders, merchants, or
other 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, RSA 320 and RSA 321, must before engaging
in such activities apply to the Town Council for and receive a license
prior to the sale of or the distribution of items or goods.
B.
License application forms shall be available at the office of the
Town Manager, Merrimack, New Hampshire, and the Town of Merrimack
website.
For purposes of this chapter, the following definitions shall
apply:
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.
The information (such as your name, address, telephone, number,
and e-mail address) that tells someone how to communicate with you.
[Added 3-23-2023]
Any felony convictions, any conviction involving harassment,
violence, theft, fraud, loitering, prowling, or endangering the welfare
of a child or incompetent.
Any person, either principal, agent or employee, 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, as defined in RSA 320:1 and 358-A:1.
Any person, as defined in RSA 321:1 and includes all persons,
as defined by RSA 358-A:1, both principals and agents, including those
persons whose principal place of business is not in this state who
engage in a 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 by same for future delivery, and who,
for the purpose of carrying on such business, hire or occupy a temporary
place of business.
Any vendor, hawker or peddler.
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.
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.
[Amended 3-23-2023]
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 § 180-6H for exception.
B.
License requirement 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 nonprofit organization, community chest, fund or foundation organized
and operated exclusively for religious, charitable, scientific, literary
or educational purposes when no part of the entity's earnings benefit
any private shareholder or individual.
(2)
Any person conducting business in any industry or association trade
show.
C.
License requirement exemptions. The articles of this chapter shall
apply to all vendors, hawkers, peddlers and transients doing business
or conducting sales within the Town of Merrimack, except the following:
(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.
A.
The applicant for a license hereunder must first obtain and provide
a copy of a current and valid hawkers, peddlers and vendors license
issued by the New Hampshire Secretary of State prior to applying for
a license from the Town of Merrimack.
B.
Door-to-door or route-based hawkers, peddlers or vendors shall register
with the Merrimack Police Department prior to commencing sale activity.
Information required shall include the name, date of birth and photo
identification.
[Amended 3-23-2023]
C.
The applicant shall provide a copy of their approved Merrimack itinerant
vendor license to the Merrimack Police Department upon request.
[Amended 3-23-2023]
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 peddler/vendor/hawker license shall
include the following:
A.
Contact information for both the owner and permit applicant.
[Amended 3-23-2023]
B.
A description of the type of food, beverage or merchandise to be
sold and, in the case of products of farm or orchard, whether produced
or grown by the applicant.
C.
A description of the proposed location of the vending business, except
that vendors from motor vehicles shall describe the general area.
D.
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.
F.
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.
G.
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.
H.
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 their peddler/vendor/hawker activities at an event,
with approval from the event sponsor in writing, and when said event
has obtained all other required approvals from the state and the Town,
are exempt from this criminal background check requirement.
[Amended 3-23-2023]
I.
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 (for example: ice cream trucks or catering trucks).
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 one year beginning 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.
[Amended 3-23-2023]
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 business.
[Added 3-23-2023]
A.
Vendors
may apply for a multilocation license for the purpose of vending 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
vendor's initial applciation each license year (April 1 through March
31).
C.
Vendor
must first purchase an annual license for one location. The fee for
a second location shall be $100. The license shall be $25 for each
additional location beginning with the third location.
D.
Vendor
must give the Merrimack Police Department twenty-four-hour notice
prior to commencing sales activity at additional locations.
A.
No vendor or peddler shall:
(1)
Vend 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)
Sell food or beverage for immediate consumption unless he has available
for public use his or her own litter receptacle which is available
for his or her patrons' use.
(4)
Leave any location without first picking up, removing and disposing
of all trash or refuse remaining from the sales made by the licensee.
(5)
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.
(6)
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.
(7)
Solicit or conduct business with persons in motor vehicles within
the traveled way.
(8)
Sell or distribute anything other than what is described and permitted
in their license or application.
(9)
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.
(10)
Sell, offer or solicit for sale, any goods or merchandise on
any Town-owned property unless expressly approved by the Town Council.
(11)
Vend 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.
(12)
Vend within 20 feet of an entranceway to any building.
(13)
Vend within 30 feet of any driveway entrance to a police or
fire station or within 10 feet of any other driveway entrance.
(14)
Vend within 20 feet of a crosswalk at any intersection.
(15)
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 vendor/peddler vending 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 products
likely to attract children as customers shall park curbside when stopping
to make a sale.
(5)
Leave any motor vehicle or stand unattended.
Peddlers and vendors processing food or beverages for sale shall
comply with the inspection provisions and standards of the health
regulations relative to the licensing of food service establishments
adopted by the Town Council or their designee in accordance with RSA
147:1. The equipment used in vending such food and beverages shall
be inspected by the Health Official or their designee upon application
for a license and receive a certificate of inspection upon compliance
with this section from the Health Official or their designee.
A.
No licensee shall operate under a license issued hereunder without
a fire extinguisher of a type approved by the Fire Chief of the Town
of Merrimack, or his designee, if the licensee utilizes heat generating
equipment.
B.
All motor vehicles in or from which food is prepared or sold shall
be inspected by the Police Department or their designee for compliance
with the following requirements prior to the approval of the application
by the Town Council or their designee.
(1)
All equipment installed on any exterior part of the vehicle shall
be secured in order to prevent movement during transit and to prevent
detachment in the event of a collision or overturn.
(2)
All utensils shall be adequately stored to prevent their being hurled
out of the vehicle in the event of a sudden stop, collision or overturn.
No advertising, except the posting of prices, the name of the
product and/or the name and address of the vendor 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
peddler/vendor sales on private property, provided that the duration
of the business activity does not exceed 35 days within any ninety-day
period and that:
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/hawker/peddler having his license denied may request in
writing reconsideration by the Town Council.
B.
Revocation of license.
(1)
Any licensed peddler who shall be guilty of fraud, cheating or misrepresentation,
whether through himself or through an employee, while acting as a
hawker/peddler 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.
A.
This chapter, and the requirements imposed hereunder, are in addition
to any requirements, fees and licenses imposed by the State of New
Hampshire in accordance with RSA 320 and RSA 321, where applicable.
All definitions used and referred to in RSA 320 and RSA 321 shall
be applicable to the interpretation of this chapter and the laws of
the State of New Hampshire; the more stringent provision of said law
shall apply.
B.
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.
