HB252 (2011) Detail

Repealing provisions regarding applications for hawkers' and peddlers' licenses.


HB 252-LOCAL – AS INTRODUCED

2011 SESSION

11-0887

08/10

HOUSE BILL 252-LOCAL

AN ACT repealing provisions regarding applications for hawkers’ and peddlers’ licenses.

SPONSORS: Rep. Mirski, Graf 10; Rep. Parison, Hills 3; Rep. McClarren, Hills 21; Rep. LeBrun, Hills 26; Rep. Lambert, Hills 27; Rep. Avard, Hills 20; Rep. Cohn, Merr 6

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill repeals certain provisions regarding applications for hawkers’ and peddlers’ licenses.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0887

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT repealing provisions regarding applications for hawkers’ and peddlers’ licenses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Hawkers and Peddlers Licenses; Penalties. Amend RSA 31:102-a to read as follows:

31:102-a Hawkers, Peddlers and Vendors. The governing board of a city, town or village district may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a [class B misdemeanor] violation, and each continuing day of violation after notice shall constitute a separate offense. A city, town, or village district shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have the candidate’s name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. Provisions adopted under this section shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and may include, but shall not be limited to:

I. Classification of licensees consistent with constitutional requirements of equal protection. Application for such licensure shall include the presentation of a drivers license or identification card issued by the director of motor vehicles under the provisions of RSA 260:21. Such licensure shall be renewed annually with the payment of the an annual fee not to exceed $10;

II. Imposition of reasonable requirements, including fees, which shall not exceed $10, for the issuance of a license; and

III. [Restrictions as to the areas of the municipality open to licensees and the hours and days of their operation; and

IV. Other reasonable conditions and terms deemed necessary for public convenience and safety as the governing board determines] Procedures for revoking such license should the licensee become a public nuisance.

2 Repeal. RSA 31:102-b, relative to background checks for hawkers, peddlers, and vendors, is repealed.

3 Effective Date. This act shall take effect 60 days after its passage.