[HISTORY: Adopted by the City of Rochester as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk and secondhand dealers — See Ch. 110.
[Adopted 6-6-1995 as
Ch. 32 of the 1995 Code]
The provisions of this article are adopted pursuant to the authority
granted by RSA 31:102-a and are in addition to any requirements imposed
by the State of New Hampshire under either RSA 320 or 321.
It shall be unlawful for any person to engage in the business
of hawker, peddler, or itinerant vendor as defined in RSA 320:1 and
321:1 in the City of Rochester without first obtaining a license as
provided herein.
The words "hawker," "peddler," or "itinerant vendor" as used
herein shall be defined as in RSA 320:1 and 321:1 and shall include
any hawker, peddler, itinerant vendor, trader, farmer, merchant, or
other person who sells, offers to sell, or takes orders for merchandise
from temporary or transient sales locations within the City or who
goes from town to town or place to place within the City for such
purposes.
[Amended 10-15-2013]
A.
Applicants
for a license under this article must file with the Director of Building,
Zoning, and Licensing Services a sworn application in writing (in
duplicate) on a form to be furnished by the Director of Building,
Zoning, and Licensing Services, which shall be filed with the Building,
Zoning, and Licensing Services Department no later than seven days
before the requested effective date of the license and shall give
the following information:
(1)
Name and description of the applicant.
(2)
Address (legal and local).
(3)
A brief description of the nature of the business and the goods to
be sold and, in the case of products of farm or orchard, whether produced
or grown by the applicant.
(4)
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship
between them.
(5)
The requested effective date of the license and the length of time
for which the right to do business is desired.
(6)
If a vehicle is to be used, a description of the same, together with
license number or other means of identification.
(7)
A copy of the state license issued to the applicant pursuant to the
provisions of RSA 320:8 or a signed statement claiming exemption therefrom
under the provisions of RSA 320:3.
(8)
If a specific stationary location is to be used, the written permission
of the property owner.
(9)
A signed "release of information authorization" form authorizing
the Rochester Police Department to conduct a criminal record check
of the applicant and authorizing individuals to supply information
to the Rochester Police Department in connection with such record.
B.
At the
time of filing the application, a fee of twenty-five dollars ($25.)
per week or one hundred dollars ($100.) per year shall be paid to
the Director of Building, Zoning, and Licensing Services to cover
the cost of processing the license.
[Amended 12-3-1996]
No license shall be granted under this article to any hawker,
peddler, itinerant vendor, trader, farmer, merchant or other person
who sells, offers to sell, or takes orders for merchandise from any
temporary or transient sales locations within the City if such temporary
or transient sales location is or is related to a motor vehicle or
a motor vehicle trailer weighing in excess of 18,000 pounds when empty
or the storage and display area of which is more than 125 square feet.
The provisions of this section shall not apply to licenses for activities
conducted at Cold Spring Park (Rochester Fairgrounds) within the confines
of said park.
The City Licensing Board shall have full power to grant all
licenses hereunder and shall consider whether, from the application
and any investigation the Board deems it advisable to make, it appears
that all provisions of state law and City ordinances have been and
will be complied with and whether the safety and convenience of the
public will be adversely affected.
No license issued under the provisions of this article shall
be used at any time by any person other than the one to whom it was
issued.
A.
Licenses issued under the provisions of this article may be revoked
by the Licensing Board, after notice and hearing, for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his/her business as peddler, hawker, or itinerant vendor.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety, or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his/her last known address at least five
days prior to the date set for hearing.
Any person aggrieved by the action of the Licensing Board in the denial of any application for a license as provided in § 171-6 of this article, or in the decision with reference to the revocation of a license as provided in § 171-8 of this article, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 171-8 of this article for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
Hawkers, peddlers, and itinerant vendors are required to exhibit
their licenses at the request of any citizen.
A.
No hawker, peddler, or itinerant vendor shall have any exclusive
right to any location in the public streets and sidewalks, nor shall
any be permitted at a stationary location, unless the license specifically
grants a stationary location, nor shall any be permitted to operate
in any congested areas where his/her operations might impede or inconvenience
the public.
B.
For the purpose of this article, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested or the public impeded or inconvenienced.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punished by a fine not to exceed one hundred
dollars ($100.). A separate offense shall be deemed committed upon
each day during which a violation occurs.
[Adopted 6-6-1995 § 26.9
of the 1995 Code]
The actual issuance of permits in accordance with RSA 31:91
shall be exercised by the Licensing Board. There shall be no fee for
such permits.
