Pursuant to the terms of RSA 31:102-a and 31:102-b, the purpose of this chapter is to enact provisions for the licensure and regulation of peddlers and vendors.
[HISTORY: Adopted by the City Council of the City of Dover 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 133 of the 2013 Code. Amendments noted where applicable.]
It shall be unlawful for a peddler or vendor, as defined in § 109-3 of this chapter, to engage in such business within the City of Dover without obtaining a license from the Licensing Board by application through the City Clerk as hereinafter provided. Such license shall be displayed in a conspicuous place. In addition, a health license may be required. See Chapter 85, Food Service Establishments, and also §§ 109-4 and 109-5 of this chapter.
As used in this chapter, the following terms mean:
Any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor, which is required to be licensed and registered by the Division of Motor Vehicles.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person, whether a resident of the City of Dover or not, traveling by foot, wagon, stand, motor vehicle, railroad car, cart, vehicle, or any other type of vehicle or conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck farm products or provisions, offering and exposing the same for sale from stock or by sample for future delivery, or offering to perform personal services for household repairs or improvements, or solicits or induces any person to sign any contracts relating to household repairs and improvements, or who, without travelling from place to place, shall sell or offer the same for sale from a wagon, stand, motor vehicle, railroad car, cart, vehicle, or other vehicle or conveyance. The term "peddler" shall not be construed to include an individual who displays their merchandise on a public sidewalk immediately adjacent to their place of business, provided that any merchandise so displayed allows 48 inches of pedestrian travel width consistent with the provisions of Chapter 125, Streets and Sidewalks.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001; 4-10-2024 by Ord. No. 2024.03.13-4]
Any City-owned or -controlled property, including but not limited to streets and sidewalks.
Includes any offer or attempt to offer any exchange of a product or service.
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 Division of Motor Vehicles, used for the displaying, storing or transporting of articles offered for sale by a peddler.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
A peddler who on public property sells food, beverage or merchandise from a stand, motor vehicle or their person.
[Amended 4-10-2024 by Ord. No. 2024.03.13-4]
A.
The application for a peddler's or vendor's license shall include the following information:
(1)
The name, home and business address of the applicant, and the business name and business address of the peddler or vendor business, if other than the applicant, and any stand and motor vehicle to be used in the operation of the business.
[Amended 2-27-2019 by Ord. No. 2019.02.13-004]
(2)
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.
(3)
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.
(5)
A certificate of insurance or other proof acceptable to the Licensing Board that the applicant has been issued an insurance policy by an insurance company licensed to do business in the State of New Hampshire, protecting the licensee from all claims for damage to property and bodily injury, including death, which may arise from operations under or in connection with the license. Such policy shall provide coverage for personal and property damage in such amounts as may be deemed reasonable by the Licensing Board.
B.
In addition, an application for a vendor's license shall include:
(1)
A vendor from a motor vehicle shall describe, if less than the entire City, the general area in which he proposes to vend.
(2)
A description of the proposed location of the vending business.
(3)
A vendor from a motor vehicle who wishes to operate from a fixed location may request the hours and days of the week during which he wishes to operate. The Licensing Board shall have the authority to set the hours of operation.
A vendor of food and beverages shall comply with the inspection provisions and standards for restaurants contained in Chapter 85, Food Service Establishments, and the following:
A.
The equipment used in vending food and beverages shall not be used until the vendor receives a certificate of inspection indicating compliance with this section.
B.
Each food and beverage vending business may be inspected quarterly, and normally will be inspected at least annually, by the Health Officer.
[Amended 4-10-2024 by Ord. No. 2024.03.13-4]
License fees shall be in accordance with the Fee Schedule.
[Amended 4-10-2024 by Ord. No. 2024.03.13-4]
A.
Noncommercial vendors such as religious, charity, political and other social nonprofit organizations are exempt from these provisions and are not required to apply for an exemption.
B.
Participants in any street fair, as defined by RSA 31:100, which may be authorized from time to time by the City Council, shall be exempt from the requirements of Chapter 109, Peddlers and Vendors, but are not exempt from the requirements of Chapter 85, Food Service Establishments. Street fair participants shall be defined as those persons or business organizations which have been listed and identified by the organization sponsoring any such street fair. Any list compiled by said organization for the purposes of this subsection shall be completed and provided to the Licensing Board, to the Police Department, or to the City Clerk on or before the first day of the street fair.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001; 4-10-2024 by Ord. No. 2024.03.13-4]
Any person, firm or corporation violating any provisions of this chapter shall be guilty of a violation and be subject to a fine as provided in the City Fine Schedule.