§ 115.40  LICENSE REQUIRED; APPLICATION.
   (A)   It shall be unlawful for any person, firm, or corporation to engage in the business of a peddler within the city without first having secured a license therefor.  The license shall be an annual license expiring on April 30 of each year.  Each license issued pursuant to this subchapter shall be conspicuously displayed.  The City Clerk may issue a temporary license for peddlers, following the same procedure as for the issuance of an annual license.
   (B)   Application for a peddler's license shall be made to the City Clerk upon a form to be determined by the City Clerk.  The application shall include:
      (1)   The name, home and business address of the applicant, and the name and the address of the owner, if other than the applicant, of the business and of any stand or motor vehicle to be used in the operation of the business.
      (2)   Two recent passport photographs of the applicant, or photographs of such size as previously approved by the City Clerk.
      (3)   A complete certified criminal record of the applicant obtained from the Criminal Records Division, State Police, Department of Safety, State of New Hampshire, and/or from the appropriate out-of state agency or agencies if not a resident of the state for the five years preceding the application.
      (4)   A description of the type of food, beverage, merchandise, or service to be sold, and in the case of products of farm or orchard, whether produced or grown by the applicant.
      (5)   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.
      (6)   A license from the City Health Department for any peddler who will sell any food or beverages.
      (7)   (a)   A certificate of insurance that the applicant has been issued an insurance policy by an insurance company licensed to do business in the state, protecting the licensee and the city from all claims for damages to property and bodily injury, including death which may arise from operations under or in connection with the license.  Such insurance shall provide combined primary and excess coverage which meet a $500,000 minimum limit; such policy shall provide for automobile liability insurance for owned, nonowned and hire vehicles as applicable; and such policy shall provide that the policy shall not terminate or be cancelled prior to the expiration date except with 30 days' advance written notice to the city.
         (b)   Exceptions to certificates of insurance may be considered on a case by case basis by the City Clerk with consultation of the risk manager to modify guidelines to meet the exposures presented in a specific activity.
      (8)   A description of the proposed location of the business together with the written permission of the abutting landowner and/or tenant and a certificate from the Planning and Community Development Department that a location is consistent with the Zoning Ordinance. The abutter's written permission for use of a location shall be kept current and submitted at the beginning of each licensing year. If the location is in or adjacent to a public area with no private abutting landowner and/or tenant, an applicant must obtain written permission from the appropriate municipal department or public agency. Authorization to operate at that location may be subject to conditions requested by the municipal department or public agency at the time approval is granted or at any time during the licensing period. Peddlers who have been licensed during the licensing year immediately preceding an application for a specific location shall be given first consideration for licensure at that location provided all other requirements under this division are met and that the license is applied for prior to June 1 of the license year. After June 1, the City Clerk may issue a license for the location to the first applicant who requests that site and who meets the licensing requirements.
      (9)   Peddlers from motor vehicles shall describe, if less than the entire city, the general area in which the business will be operated.
      (10)   Hours of operation.
      (11)   Whether or not the applicant has previously held a peddler's license.
      (12)    Proof that the applicant holds a hawker, peddler, or itinerant vendor's license from the state where applicable.
   (C)   Standards for denial. In addition to the application requirements set forth in this section, a license to operate as a peddler shall be denied to the following persons:
      (1)   An applicant who has received a disqualifying criminal conviction or has been imprisoned at any time for a disqualifying criminal conviction during the five years preceding the application.
      (2)   An applicant who is required to register as a sexual offender or as an offender against children under R.S.A. 651-B:6.
      (3)   An applicant who is denied a peddler license under the standards of this section, or who has reason to believe that he or she may be denied a peddler license under these standards, may file a written request for a review of the application before the Committee on Administration. The Committee on Administration will approve or disapprove the fitness of the applicant for the license. The Committee on Administration may require the submission of qualifying evidence to make an assessment, including character references and/or evaluation by a qualified professional, and may set such conditions, review procedures, or monitoring activities as it deems appropriate as a condition of licensure.
(Ord. passed 3-7-95; Am. Ord. passed 9-5-95; Am. Ord. passed 6-4-96; Am. Ord. passed 11-7-01; Am. Ord. passed 10-4-05; Am. Ord. passed 2-7-09)  Penalty, see § 10.99