[Adopted 8-10-1936 by Ord. No. 53 (§§ 13-18
to 13-24 of the 1976 Code); amended in its entirety 12-9-2019 by Ord. No. 2019-12-09]
For the purpose of this article, the following definitions shall
apply:
Any person selling or offering for sale any goods, wares,
or merchandise on any public street, highway, or public right-of-way
in the Town of Portsmouth from a stationary location.
Registered pursuant to Title 5, Chapter 11.1 of the General Laws and any regulations promulgated thereunder, or permitted pursuant to Article IV of this chapter, are not hawkers or peddlers and are explicitly exempted from this article.
Any person selling or offering for sale any goods, wares,
or merchandise from a vehicle, cart, or any other conveyance that
is not stationary.
No person shall sell or offer for sale any goods, wares, or
merchandise as a hawker or peddler without first obtaining a hawker
or peddler license from the Town Council, unless specifically exempted
pursuant to Title 5, Chapter 11, Section 18 of the General Laws of
the state, or any amendment thereof or addition thereto.
All hawkers and peddlers shall make application for a license
to the Town Council. Upon approval of such application by the Town
Council, the Town Clerk shall issue a license accordingly to such
applicant to sell the goods, wares, or merchandise hereinbefore mentioned
in such manner as shall be specified in such license for the period
and from the date of such license.
Every person to whom a license shall be granted by the Town
Council, before receiving such license, shall pay to the Town Clerk
a fee of $50.
Each license shall expire on December 1 next after date of issuance,
but may be revoked at any time at the pleasure of the Town Council.
No license shall authorize any person other than the one named
therein to act thereunder, and no license shall be transferable except
by express authorization of the Town Council.
Any person who shall neglect or refuse, for the space of 10
minutes after demand by any police officer, to exhibit to such officer
his license shall be deemed for the purpose of this article to be
unlicensed and to have violated the provisions thereof.
A.
Any special event, as recognized and approved by the Town Council,
may utilize any vendor that is duly licensed by this chapter.
B.
A special event peddler's license may be issued to hawkers or
peddlers not currently licensed by the Town Council. Application for
said license shall be submitted to the Town Clerk or his or her designee
along with a fee of $50 per event. Application must include the nature
of items for sale, the special event title, location and date(s),
a copy of the state tax permit. Said license will be issued administratively
by the Town Clerk. Said license shall be displayed conspicuously at
all times. All sales under this special event peddler's license
will be limited only to the hours of the special event and shall be
conducted where the special event is being held. Any person who has
had his or her license revoked by the Town Council shall not be eligible
for a special event peddler's license by the Town Clerk.
