1. Declaration of Purpose: The purpose of the adoption of this Ordinance is to promote the safe flow of vehicular and pedestrian traffic on public ways; prevent the incidence of fraud and other commercial crimes; reduce litter and pollution; and promote the health, safety and welfare of the public.

2. Title: This Ordinance shall be known and may be cited as the "Street Vendor Ordinance of the Town of Hanover."

3. Authority: RSA 47:17 VII and VIII; see also Stamper v. Hanover, 118 N.H. 241 (1978).

4. Definitions:

A. "Chief of Police" shall mean the Chief of the Town of Hanover Police Department.

B. "Fire Chief" shall mean the Chief of the Town of Hanover Fire Department.

C. "Marketer" shall mean any person participating in a street fair owning, operating, managing, or supervising a stand to sell merchandise or promote any nonprofit organization purposes.

D. "Merchandise" shall mean any food, beverage, clothing, utensils, wares, toys, tools, and other articles or items offered for sale to the public, but not including newspapers, magazines, pamphlets, and handbills.

E. "Nonprofit Organization" shall mean any association or organization, which in accordance with United States Internal Service Regulations, distributes no part of its income to its members, directors, or officers and which is established for a civic, educational, cultural, religious, social, political, scientific, philanthropic, or charitable purpose.

F. "Person" shall mean any natural person, corporation, partnership, association, club or society or any other form of association or organization.

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G. "Public Way" shall mean the entire area legally open for public use within the boundary lines of any government or municipally owned or maintained road, street, alley, sidewalk, walkway, parking lot, or park.

H. "Shopkeeper" shall mean any person owning or operating a store, restaurant or shop from a permanent structure in the Town.

I. "Stand" shall mean a table, bench, booth, rack, handcart, pushcart, or any other fixture or device used for the purpose of displaying, distributing, storing, or transporting merchandise.

J. "Shrine Day" shall mean the day on which the Cairo, Bektash and Mt. Sinai Temple Shriners sponsor a parade and associated street vendors prior to the annual Shrine Maple Sugar Bowl football game.

K. "Street Fair" shall mean a community event in the Town that uses and occupies a portion of a public way, designated by the Town, for the sale of merchandise by commercial retailers or for other promotions by nonprofit organizations.

L. "Street Fair Permit" shall mean the approved application of a nonprofit organization to conduct a street fair under the conditions as set forth in Sections 5.5 and 19 of this ordinance. A Street Fair Permit provides a nonprofit organization with a license to sell, distribute, or display merchandise, and to promote the purposes of nonprofit organizations within a designated public way in the Town.

M. "Temporary Outlet" shall mean those locations in the Town designated in Section 6 of this ordinance at which a vendor shall be permitted to sell, distribute or display merchandise.

N. "Town" shall mean the Town of Hanover, New Hampshire.

O. "Vendor" shall mean any person who has been issued a valid Vendor Permit.

P. "Vendor Permit" shall mean the approved application of a person under the conditions as set forth in Sections 8 and 9 of this ordinance. A Vendor Permit provides a person with a license to sell, distribute or display merchandise at a designated temporary outlet in the Town.

Section 4J was Adopted on 09/13/99

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5. Vendor Permit Required: No person shall sell, display or distribute merchandise upon a public way in the Town without first obtaining a valid Vendor Permit. Each Vendor Permit shall designate the location and dates and time during which a person may sell, distribute or display merchandise.

A. Shopkeeper Exclusion: No shopkeeper shall be required to obtain a Vendor Permit to sell, distribute or display merchandise in the Public Way immediately in front of the store, restaurant or shop that he/she owns or operates. However, all shopkeepers shall be subject to the regulations on the Use of Temporary Outlets set forth in Section 15 of this ordinance.

5.5 Street Fair Permit Required: Any nonprofit organization that would like to conduct a street fair shall apply for a Street Fair Permit at least sixty (60) days prior to the proposed date for the street fair. All street fairs require a valid Street Fair Permit granted by the Board of Selectmen, subject to the Regulations for Conducting Street Fairs as set forth in Section 19 of this ordinance.

A. Shopkeeper Exclusion Suspended: On the days that street fairs are held, the Shopkeeper Exclusion under Section 5.A of this ordinance is suspended. No shopkeeper shall sell, display or distribute merchandise upon a public way in the Town without first obtaining permission from the nonprofit organization conducting the street fair, including payment of any applicable fees to the nonprofit organization.

6. Location of Temporary Outlets: There shall be twelve (12) locations for temporary outlets in the Town, one (1) of which shall be reserved for the exclusive use of nonprofit organization that has been issued a Vendor Permit. If there are no nonprofit organizations that have requested to use this reserved temporary outlet, then it may NOT be assigned to a vendor that does not sell or display food.

A. Commercial Vendor: There shall be eleven (11) temporary outlets for use by commercial vendors, which shall be at the following locations:

West Side of South Main Street Sidewalk:

(1) Three (3) temporary outlets on the sidewalk in front of the Hanover Municipal Building;

Section 6A was Amended on 09/13/99

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(2) One (1) temporary outlet on the sidewalk on the West side of South Main Street located across from the front steps of Casque and Gauntlet;

(3) One (1) temporary outlet on the sidewalk between the southernmost entrance to the Davidson Building and the northernmost entrance to the Bridgman Building;

(4) One (1) temporary outlet on the sidewalk opposite the second floor entrance of the Bridgman Building; and

(5) One (1) temporary outlet on the sidewalk in front of the Dartmouth Bookstore between the granite post and the light pole.

East Side of Main Street Sidewalk:

(1) One (1) temporary outlet on the sidewalk by the Hanover Inn south of the first tree from the intersection;

(2) One (1) temporary outlet on the sidewalk by the office door to the business currently named The Gap;

(3) One (1) temporary outlet on the sidewalk between the traffic light post and the Post Office drop boxes in front of the United States Post Office building; and

(4) One (1) temporary outlet on the sidewalk between the Ledyard Bank and Citizens Bank to the left of the walkway near Bean's Art Supply Shop. This temporary outlet is a limited space temporary outlet.

B. Nonprofit Organization Vendor: There shall be one (1) temporary outlet located on the sidewalk opposite the entrance to Murphy's Tavern on the West side of South Main Street for the exclusive use by a vendor from a nonprofit organization.

7. Terms of Temporary Outlets: The three (3) temporary outlets located in front of the Municipal Building shall have a term of nine (9) months, running from March 1st through November 30th of each year. In the event that a temporary outlet in front of the Municipal Building has not been assigned for a nine (9) month term, the Town Manager may assign that temporary outlet on a daily basis in conformance with Section 9 of this ordinance. From December 1st through February 28th, the three (3) temporary outlet locations are available for use as a daily permit location.

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A. The terms of the nonprofit organization temporary outlet shall be available on a daily basis each day of the year.

B. The other eight (8) remaining temporary outlets, four (4) of which are located on the East side of South Main Street and four (4) of which are located on the West side of South Main Street, shall each be available for a term of one (1) day. The availability of the temporary outlets on the East and West side of South Main Street shall be available on a monthly rotational basis. Therefore, at any one time only four (4) temporary outlets on the same side of the street shall be available, and the other four (4) on the opposite side of South Main Street shall be closed. The following month, the side of South Main Street that was open for temporary outlet availability shall be closed and moved to the opposite side of South Main Street.

Section 7 was Amended on 09/13/99 and 08/06/01

8. Application Form for Vendor Permit: Any person seeking the issuance of a Vendor Permit shall file an application with the Town Clerk on the forms provided. An Application Form for a Vendor Permit shall include the following information:

A. Name, address and telephone number of the person seeking to obtain a Vendor Permit;

B. A brief description of the nature of the person's business and the merchandise to be sold, displayed or distributed;

C. A statement describing the dimensions, construction and appearance of the person's stand;

D. A certified copy of a Certificate of Insurance issued to the person for public liability insurance for personal injury and property damage in the amount of not less than $500,000 from an insurance company authorized to do business in the State of New Hampshire. The Certificate of Insurance shall contain a provision that it shall not be cancelable except upon ten (10) days notice to the Town Clerk. The Certificate of Insurance shall also contain a provision indemnifying and holding the Town harmless from any and all liability, loss or damage, including but not limited to bodily harm, injury or death, that the Town becomes legally obligated to pay, including reasonable attorneys' fees and court costs, as a result of any claim, demand, cost or judgment against the Town arising out of any intentional or negligent act or omission of the vendor; and

E. A statement as to whether a daily or nine (9) month term is desired.

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9. Bidding Procedures for Temporary Outlets With a Nine (9) Month Term

A. Submission of Bids: Persons seeking to obtain a Vendor Permit for a temporary outlet with a nine (9) month term shall submit a sealed bid at the time he/she submits an application for a Vendor Permit. Such applications and bids shall be submitted to the Town Manager's Office not less than five (5) working days prior to the start of the nine (9) month temporary outlet term.

B. Opening of Bids: Bids shall be opened in a public area of the Municipal Building by the Town Manager, or his designee, not more than four (4), nor less than two (2) working days prior to the start of the nine (9) month temporary outlet term.

C. Award of Temporary Outlet for Nine Month Term: The minimum acceptable bid for a temporary outlet with a nine (9) month term shall be One Thousand Two Hundred Dollars ($1,200). The Town Manager shall have the authority to reject any and all bids.

D. Selection of Temporary Outlet Location: Each of the three (3) highest selected bidders may be issued a Vendor Permit. The vendor with the higher bid shall be allowed to select the temporary outlet location of his/her choice. In the event of a tie, the order of selection shall be determined by a coin toss.

Section 9C was Amended on 09/13/99, 04/03/06

10. Daily Temporary Outlets: Temporary outlets that have not been assigned on a nine (9) month basis shall be available for the assignment of a daily Vendor Permit. A vendor holding a nine (9) month Temporary Outlet Vendor Permit shall not be permitted to apply for a daily Vendor Permit for any temporary outlet located on South Main Street in the Town. No person may apply for more than one (1) daily Vendor Permit on any given day.

A. Application for Temporary Outlet for Daily Term: Any person seeking to obtain a daily Vendor Permit shall submit his/her application to the Hanover Town Clerk at 3:30 p.m. on the day before the applicant seeks to use a Daily Temporary Outlet.

B. Award of Temporary Outlet for Daily Term: The Town Manager or his designee may issue a Vendor Permit to any person who has submitted a complete and accurate application. If there are more applications than Temporary outlets available for any given day, then the Town Manager or his designee shall issue a Vendor Permit based on a lottery system.

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11. Issuance of Vendor Permit: Upon receipt of a complete and accurate application, and accepted bid (for a nine month temporary outlet), the Town Manager may issue a Vendor Permit to the person named in the application. Any Vendor Permit may be withdrawn by the Town Manager if he determines that the information contained in the Vendor Permit application is false or non-existent in any material detail, or if a vendor is determined to have violated the provisions of this ordinance.

A. Vendor Permits Are Non-Transferable and Non-Assignable: All Vendor Permits issued by the Town Manager shall be non-transferable, non-negotiable and non-assignable.

12. Limited Absences Permitted at Temporary Outlets With Nine Month Terms: After obtaining a nine (9) month Temporary Outlet Vendor Permit, a vendor may be absent from his or her assigned temporary outlet for a maximum of seven (7) days per month due to illness, vacation or the circumstances. Any vendor that is absent or fails or neglects to utilize a temporary outlet for more than seven (7) days per month shall notify the Town Manager and obtain written permission to avoid having his or his Vendor Permit revoked.

During any approved absence in excess of seven (7) days, the Town Manager may assign that temporary outlet to other vendors on a daily Vendor Permit basis.

Section 12 was Amended on 09/13/99

13. Payment for Vendor Permit:

A. Daily Temporary Outlets: The charge for a Vendor Permit for daily temporary outlet, payable upon receipt of the daily Vendor Permit, shall be:

(1) Regular Size Temporary Outlet: The charge for a Vendor Permit for a daily temporary outlet of regular size shall be Fifteen Dollars ($15.00) payable upon receipt of the daily Vendor Permit.

(2) Limited Size Temporary Outlet: The charge for a Vendor Permit for a daily temporary outlet of the limited size temporary outlet shall be Ten Dollars ($10.00) payable upon receipt of the daily Vendor Permit.

B. Nine Month Temporary Outlet: Payment for a Vendor Permit for a Temporary Outlet assigned on a nine (9) month bid basis shall be due and payable in nine (9) equal installments on the first of each month. Failure to submit timely payment may result in the revocation of the nine (9) month Vendor Permit by the Town Manager. In the event that a vendor permit is revoked for non-payment, the

Section 13 A(1) and (2) was Amended on 09/13/99 and 08/06/01

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vendor shall be disqualified from bidding for any temporary outlet for a period of one (1) year.

C. Reimbursement for a Daily Permit: Under no circumstances will the Town reimburse a vendor for a Vendor Permit obtained in advance on the basis that inclement weather made it impossible for the vendor to operate during a specific period of time covered by the permit.

14. Display of Vendor Permit: Upon issuance of a Vendor Permit, a vendor shall attach the Vendor Permit to the front of his/her stand in such a manner so that it is visible easily for the public to view.

15. Use and Regulation of Temporary Outlets

A. Stand Regulations

(1) Dimensions: No stand for a regular or standard size temporary outlet shall exceed eight feet (8') in length, five feet, six inches (5 ft., 6 in.) in height, or occupy an area of the sidewalk in excess of forty (40) square feet. No stand for a limited size temporary outlet shall exceed seven (7) feet in length and five feet, six inches (5 ft., 6 in.) in height, or occupy an area of the sidewalk in excess of twenty-eight (28) square feet. All stands shall be positioned within the temporary outlet so that the long side of the stand is parallel to the curb. No stand or vendor's operation shall reduce the traveled way of a sidewalk by less than six (6) feet in width.

2) Construction: All stands should be constructed in a sturdy manner so that there is no risk to the public having the stand collapse or break. No stand shall have a roof or structural components higher than five feet, six inches (5 ft., 6 in.).

(3) Umbrellas Permitted: An umbrella or awning may be attached to the stand so as to shelter the vendor. However, no umbrella or awning shall obstruct unreasonably the sight of pedestrians upon the public way.

(4) Removal at End of Business Day: All stands and belongings shall be removed from the temporary outlet and the public way by sunset.

(5) Safekeeping of Inventory: All inventory or supplies of the vendor shall be stored inside or under the stand so as not to obstruct travel upon the public way.

Section 15A(4) was Amended on 09/13/99

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B. Trash and Solid Waste: No vendor shall discharge or cause to be discharged any trash, grease, ash or other form of solid waste onto any public way or into any storm drain. Each vendor shall make a trash receptacle available to the public at the temporary outlet location that he or she operates and shall be responsible for collecting and removing all solid waste from his/her designated temporary outlet at the end of each business day.

C. Open Fires Restricted: No vendor shall make or cause to be made an open fire in any temporary outlet without first obtaining a valid permit from the Hanover Fire Department.

D. Health and Food Regulations: No vendor shall sell, display or distribute alcoholic beverages. All vendors selling, distributing or displaying food shall comply with all State and Town health and food laws and regulations including, but not limited to, New Hampshire Public Health Services Administration Rules HE-P 2326.01 regarding mobile food units and pushcarts.

E. Noise Restrictions: No vendor shall make unreasonably loud outcries, ring bells, blow horns, or use any noisy device for the purpose of attracting attention to his or her stand or merchandise. No vendor shall operate or cause to be operated any fuel driven engine used to generate electricity or heat.

16. Vendor Permit Suspension and Revocation

A. Suspension of Vendor Permit: The Town Manager may suspend, without any refund of permit fees, the Vendor Permit of any person found to be in violation of this ordinance. On the day that a Vendor Permit is suspended, the Town Manager shall provide the vendor with written notification informing him of the violations or reasons for the suspension. Thereafter, the vendor shall have five (5) working days to correct the violations.

B. Revocation of Vendor Permit: In the event a vendor does not correct the violations outlined in the notice of suspension, the Town Manger may revoke the Vendor Permit. The Town Manager shall provide a vendor with written notification on the day the Vendor Permit is revoked.

C. Temporary Suspension of Vendor Permit for Special Events: The Town Manager shall temporarily suspend all vendor permits for Dartmouth Graduation, StreetFest and the Shrine Parade. Interested vendors will be required to seek temporary permits from the sponsors of StreetFest and the Shrine Parade, both of whom have temporary vendor permitting authority for their respective events.

Section 16C was Adopted on 09/13/99

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D. Appeal Procedure: Any vendor whose Vendor Permit has been revoked shall have the right to appeal to the Board of Selectmen. The appeal request shall be filed with the Board of Selectmen within five (5) days after the revocation of the Vendor Permit, and shall be acted upon by the Board of Selectmen within ten (10) days after the receipt of the appeal notice. Upon such appeal, the Board of Selectmen may reverse, affirm or modify in any regard the determination of the Town Manager. The Board shall issue a written decision to the vendor aggrieved within fifteen (15) days of the appeal hearing.

17. Emergency Regulations: The Town Manager may suspend the Vendor Permit provisions and regulations set forth in this ordinance for a period not to exceed twenty-four (24) hours, if he anticipates an event or combination of events to occur in the Town which he believes will cause significant traffic congestion or possibly jeopardize the public safety and convenience.

18. Penalty: Any vendor determined to be in violation of this ordinance shall have his Vendor Permit revoked for a period of one (1) year. Any person not holding a Vendor Permit and found to be in violation of this ordinance shall be subject to a fine not to exceed One-Hundred Dollars ($100) per day.

19. Regulations for Conducting Street Fairs: Any nonprofit organization may apply to the Town for a Street Fair Permit to conduct a street fair for no more than three (3) consecutive business days including, but not limited to, the sale of merchandise by commercial retailers or promotions by nonprofit organizations. A Street Fair Permit gives a nonprofit organization the right to use two blocks of South Main Street, between East and West Wheelock Street and East and West South Street, including setting up boxes, shelves, stands and other devices to conduct sales and promotions. The Street Fair permit also gives the nonprofit organization the right to require fees from commercial retailers that participate in the Street Fair. All Street Fair permits are subject to the following terms and conditions:

A. Application Form: Any nonprofit organization seeking a Street Fair Permit shall file an application with the Town Clerk on the forms provided by the Town.

B. Issuance of Street Fair Permit: The Board of Selectmen of the Town of Hanover may issue a Street Fair Permit upon receipt of a complete and accurate application from a reasonable nonprofit organization if the proposed Street Fair does not threaten the health, safety and welfare of the public. Any Street Fair Permit may be withdrawn by the Board of Selectmen if the Town determines that the information contained in the Street Fair Permit application is false or non-existent in any material detail, or if a nonprofit organization is determined to have violated any provisions of this ordinance. All Street Fair Permits issued by the Town shall be non-transferable, non-negotiable and non-assignable.

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C. Certificate of Insurance Required: A certified copy of a Certificate of Insurance issued to the person for public liability insurance for personal injury and property damage in the amount of not less than $500,000 from an insurance company authorized to do business in the State of New Hampshire. As a condition of the issuance of the Street Fair Permit, the nonprofit organization shall file with the Town within twenty (20) days of the issuance of the Street Fair Permit, a Certificate of Insurance issued to the nonprofit organization for public liability insurance for personal injury and property damage with limits and coverage as required by the Town. The Certificate of Insurance shall contain a provision that it shall not be cancelable except upon ten (10) days notice to the Town Clerk.

D. Fees: Street Fair Permits shall be granted to nonprofit organizations without payment of fees to the Town. The nonprofit organization may seek payment of fees from marketers that participate in the Street Fair for fundraising purposes.

E. Fire Chief Approval Required: The nonprofit organization that is granted a Street Fair Permit shall submit a written plan and sketch to the Fire Chief at least seven (7) days prior to the date of the Street Fair to show the proposed location of stands. The nonprofit organization shall cooperate and coordinate with the Fire Chief in the planning of the Street Fair and in the location of stands so as to promote public safety. No marketer shall make or cause to be made an open fire in any stand without first obtaining a valid permit from the Hanover Fire Department.

F. Chief of Police Approval Required: The nonprofit organization that is granted a Street Fair Permit shall submit a written plan and sketch to the Chief of Police at least seven (7) days prior to the date of the Street Fair to show the proposed location of stands. The nonprofit organization shall cooperate and coordinate with the Chief of Police in the planning of the street fair and in the location of stands so as to promote public safety.

G. Trash and Solid Waste: No marketer shall discharge or cause to be discharged any trash, grease, ash, or any other form of solid waste onto any public way or any storm drain. Each marketer shall make a trash receptacle available to the public at the stand location that he or she operates and owns and shall be responsible for collecting and removing all solid waste from his/her designated stand at the end of each business day of the street fair.

Section 19C was Amended on 09/13/99

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H. Stand Regulations: All stands used by marketers shall be constructed in a sturdy manner so that there is no risk to the public of having the stand collapse or break. All stands shall be removed from the public way by the end of the last day of the street fair.

I. Health and Food Regulations: No marketer shall sell, display or distribute alcoholic beverages. All marketers selling, distributing, or displaying food shall comply with all State and Town Health and Food Laws and Regulations including, but not limited to, New Hampshire Public Health Services Administration Rules He-P 2326.01 regarding mobile food units and push carts.

J. Noise Restrictions: No marketer shall make unreasonably loud outcries, ring bells, blow horns, or use any noisy device for the purpose of attracting
attention to his or her stand. No marketer shall operate or cause to be operated any full driven engine used to generate electricity or heat.

20. Gender and Plural Forms of Words: Whenever masculine, feminine or neuter pronouns appear, each shall include all genders. Whenever a word in the singular form appears, it shall include the plural form and vice versa, when the context and facts so permit.

21. Severability: If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid by a court of law, the invalidity shall not affect the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and to this end, the provisions of this ordinance shall be severable.

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EFFECTIVE DATE

Having held a public hearing, the Board of Selectmen voted to adopt this Ordinance on the __6th _ day of _ August,_ 2001_ which shall be the effective date hereof.

IN WITNESS WHEREOF, a majority of the Board of Selectmen have hereunder set their hands.

TOWN OF HANOVER
BOARD OF SELECTMEN

___________________________
Brian F. Walsh, Chair

___________________________
Katherine S. Connolly, Vice Chair

___________________________
Marilyn W. Black

___________________________
William R. Baschnagel

___________________________
Judson T. Pierson

TOWN OF HANOVER

ORDINANCE #27

STREET VENDOR ORDINANCE

Date of Notice as to Posting and Publication:_August 6, 2001/August 6, 2001___

Date of Public Hearing:____ August 6, 2001 ___________________________

Date of Adoption: ________August 6, 2001 ________________________________

Date of Notice of Adoption and Effective Date: __August 6, 2001/August 6, 2001__

Date of Recording in the Town Records: ________________________________

_______________________________
Sallie Johnson, Town Clerk

Date of Approval by Town Legal Counsel as to Form and Authority: ________

______________________________

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