TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 320
HAWKERS AND PEDDLERS

General Provisions

Section 320:1

    320:1 Definition. –
The terms "hawker" and "peddler" shall mean and include any person, as defined by RSA 358-A:1, either principal or agent, who:
I. Travels from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or exposing therefor, any goods, wares, or merchandise, either on foot or from any animal, cart, or vehicle; or
II. Travels from town to town, or place to place in the same town, 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, including contracts for the replacement or installation of siding on any residence or building; or
III. Keeps a regular place of business, open during regular business hours at the same location, but who offers for sale or sells and delivers, personally or through his agents, at a place other than his regular place of business, goods, wares, or merchandise.

Source. 1931, 102:1. RL 188:1. RSA 320:1. 1969, 481:1. 1973, 558:1. 1988, 27:1, eff. July 1, 1988.

Section 320:2

    320:2 Prohibition; Selling on State Property; Contracts Void; Penalty. – No hawker or peddler shall sell or barter or carry for sale or barter, or expose therefor, any goods, wares or merchandise, unless he holds a license to do so as herein provided. No person may operate as a hawker or a peddler in any building or on any land owned, leased, or controlled by the state, except as provided in RSA 186-B:13. Any person violating this section shall, notwithstanding the provisions of title LXII, be guilty of a violation and fined not more than $500. The clerk of the district or municipal court shall dispose of fines so collected by the court as provided in RSA 502:14 or RSA 502-A:8. Any contract relating to household repairs and improvements or for siding for any building or residence solicited by any person who has not obtained the licenses as herein provided shall be void and unenforceable, and any sale or barter of any goods, wares or merchandise by any such person shall be voidable. Provided further that any time before midnight, at the expiration of 3 business days following the signing of any solicited home repair, home improvement installment contract or cash sale of $25 or more by the parties solicited or the owner, the parties solicited or the owner may serve a notice of cancellation upon the licensee or principal vendor.

Source. 1931, 102:1. RL 188:2. RSA 320:2. 1969, 481:2. 1973, 558:2. 1983, 383:67. 1991, 254:4, eff. Aug. 9, 1991.

Section 320:3

    320:3 Exceptions. –
The provisions of this chapter shall not apply to the following:
I. Itinerant vendors as defined in RSA 321:1.
II. Any person selling the product of his own labor or the labor of his family or the product of his own farm or the one he tills.
III. Any person conducting sales of personal household goods on his own property.
IV. Any nonprofit organization, community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes when no part of the entity's earnings benefit any private shareholder or individual.
V. Any person conducting business in any industry or association trade show.
VI. Any person who sells exclusively antiques, used goods, or vintage items.

Source. 1931, 102:1. 1941, 210:1. RL 188:3. 1951, 186:1. RSA 320:3. 1988, 27:8. 1991, 254:5, eff. Aug. 9, 1991.

Section 320:4 to 320:7

    320:4 to 320:7 Repealed by 1969, 481:10, eff. Sept. 1, 1969 –

Section 320:8

    320:8 State Licenses. –
I. Upon compliance with this section and upon payment of $50 for a state license, the secretary of state may grant special state licenses. Applications for such licenses shall be made upon blanks prepared by the secretary of state requiring such information regarding the applicant's character and qualifications as the secretary shall deem pertinent.
II. Any person so licensed may do business as a hawker or peddler in any city or town in this state, provided the licensee complies with all local ordinances, bylaws and regulations, including those adopted under RSA 31:102-a. If an applicant not a natural person applies for a license under this chapter, the sum of $5,000 deposited with the secretary of state in cash or surety bond shall be required, and the employees or agents of such corporation shall be covered under such cash payment or surety bond. Any surety bond posted under this section shall remain effective for at least 60 days after the annual renewal date. All such agents or employees shall be permitted to apply for licenses under such cash payment or surety bond.
III. The annual license renewal fee shall be $50. At the time the renewal fee is submitted to the secretary of state, the licensee shall:
(a) Update information pertaining to the license, if necessary.
(b) Submit written proof that any surety bond required by paragraph II is in effect and will remain in effect as required in paragraph II.

Source. 1931, 102:1. RL 188:8. 1951, 186:2. RSA 320:8. 1955, 185:3. 1969, 481:3. 1973, 558:3. 1979, 278:1. 1981, 515:2. 1983, 186:1. 1988, 27:9. 1990, 3:25, 26. 1995, 95:1, eff. May 16, 1995.

Section 320:9

    320:9 Term; Transfer. – All licenses issued under the provisions of this chapter shall bear the date on which they are issued and shall continue in force, subject to the provisions of RSA 320:8, III, unless revoked by the secretary of state under RSA 320:14. Any hawker or peddler who does not comply with the requirements for license renewal under RSA 320:8, III shall be subject to the same penalty as if he had no license. Said licenses may not be transferred.

Source. 1931, 102:1. RL 188:9. RSA 320:9. 1969, 481:4. 1983, 186:2, eff. Aug. 9, 1983.

Section 320:10

    320:10 Record. – The secretary of state shall keep records of all licenses issued by him with the number of each, the names and residences of the persons licensed and the sums received therefor, and all such records shall be open for public inspection.

Source. 1931, 102:1. 1941, 210:1. RL 188:10. RSA 320:10. 1969, 481:5, eff. Sept. 1, 1969.

Section 320:11

    320:11 Persons Exempt. – Any soldier or sailor disabled in any war in which the United States has been engaged or by sickness or disability contracted therein or since his discharge because of such service, and the widow of any such soldier or sailor so long as she remains unmarried, or any citizen of this state over 70 years of age, shall be exempt from paying the license fees required by this chapter.

Source. 1931, 102:1. RL 188:11.

Section 320:12

    320:12 Endorsing License; Exhibiting License. – Every person licensed as a hawker or peddler shall endorse his usual signature upon his license. When this license is demanded of him by a mayor, selectmen, alderman, city or town clerk, sheriff or his deputy, any constable or police officer or the person to whom he sells or offers or exposes for sale his wares, he shall forthwith exhibit the same; and, if he neglects or refuses to do so, he shall be liable to the same penalty as if he had no license.

Source. 1931, 102:1. 1941, 210:1. RL 188:12. RSA 320:12. 1969, 481:6, eff. Sept. 1, 1969.

Section 320:13

    320:13 Repealed by 1969, 481:10, eff. Sept. 1, 1969. –

Section 320:13-a

    320:13-a Veterans' Conventions. – Licenses granted pursuant to the provisions of this chapter shall entitle a peddler or hawker to operate at meetings or conventions of recognized veterans' organizations, but only at such meetings or conventions with the specific approval of the organization concerned.

Source. 1965, 166:1. 1969, 481:7, eff. Sept. 1, 1969.

Section 320:14

    320:14 Revocation of Licenses. – Any license granted by the secretary of state may be revoked by him after hearing (1) upon conviction of the licensee of any offense which in the judgment of the secretary of state warrants such revocation or (2) upon the submission to the secretary of state of evidence satisfactory to him that, during the term of the license, and acting under cover thereof, the licensee has accepted or solicited money, otherwise than through a bona fide sale or barter of goods, wares or merchandise or has in any manner solicited alms from the public, or (3) upon a finding by him that the applicant has wilfully falsified his application for license or (4) upon consideration of evidence that the holder of said license is insane, a sexual psychopath, is or has been guilty of assault upon others or whose conduct has been otherwise disorderly and is of such violent or offensive demeanor that to permit him to retain such license would constitute a threat to the peace or safety of the public or (5) that the holder of said license is at large pending appeal from a conviction for a violation of the law involving extreme moral turpitude. Whenever any person is convicted of a violation of any provision of this chapter relative to hawkers and peddlers, the clerk of the court or the trial justice by whom such person was convicted shall notify the secretary of state. Any person whose license has been revoked under this section shall be ineligible to be licensed as a hawker or peddler in this state for a period of not less than one year or more than 5 years from the date of said revocation. Any person whose license has been revoked, as a condition precedent to issuance of any new license, shall be required to furnish to the revoking authority satisfactory evidence of renewed reputation and character or mental health in addition to the certificate required to qualify for such license under RSA 320:8.

Source. 1931, 102:1. 1941, 210:1. RL 188:14. RSA 320:14. 1955, 185:4. 1969, 481:8, eff. Sept. 1, 1969.

Section 320:14-a

    320:14-a Appeal. – Any person whose license is revoked under this chapter shall have the right of appeal provided by RSA 541.

Source. 1955, 185:5, eff. June 9, 1955.

Section 320:15

    320:15 Counterfeiting Licenses, Etc. – Whoever counterfeits or forges a license, or has a counterfeited or forged license in his possession with the intent to utter or use the same as true, knowing it to be false or counterfeit, or attempts to sell under a license which has expired or has been revoked or cancelled, or which has not been issued or transferred to him, or has in his possession another's license with intent to use the same shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1931, 102:1. RL 188:15. RSA 320:15. 1973, 529:74, eff. Oct. 31, 1973 at 11:59 p.m.

Section 320:16

    320:16 Assistance for Issuance. – The secretary of state is authorized to employ such assistance and to incur such expense for the issuance of state licenses hereunder as the governor and council may approve, and the governor is authorized to draw his warrant therefor.

Source. 1931, 102:1. 1941, 210:1. RL 188:16.

Sale of Artificial Flowers, Etc.

Section 320:17 to 320:19

    320:17 to 320:19 Repealed by 2011, 66:1, eff. Jan. 1, 2012. –

Sales for Religious and Benevolent Purposes

Section 320:20

    320:20 Repealed by 1987, 260:4, II, eff. July 19, 1987. –

Section 320:21

    320:21 Repealed by 1987, 260:4, III, eff. July 19, 1987. –

Section 320:21-a

    320:21-a Certain Negotiable Instruments Prohibited. – In a consumer credit sale or consumer lease by a hawker or peddler, other than a sale or lease primarily for an agricultural purpose, the hawker or peddler may not take a negotiable instrument other than a check as evidence of the obligation of the buyer or lessee. A holder is not in good faith if he takes a negotiable instrument with notice that it is issued in violation of this section.

Source. 1969, 481:9, eff. Sept. 1, 1969.

Section 320:21-b

    320:21-b When Assignee Not Subject to Defenses. – With respect to a consumer credit sale or consumer lease, by a hawker or peddler, other than a sale or lease primarily for an agricultural purpose, an assignee of the rights of the hawker or peddler is subject to all claims and defenses of the buyer or lessee against the hawker or peddler arising out of the sale or lease notwithstanding an agreement to the contrary, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee. Rights of the buyer or lessee under this section can only be asserted as a matter of defense to or set-off against a claim by the assignee.

Source. 1969, 481:9, eff. Sept. 1, 1969.

Section 320:22

    320:22 Penalty. – Any person violating the provisions of this subdivision shall be guilty of a misdemeanor.

Source. 1937, 87:3. RL 188:23. RSA 320:22. 1973, 528:207, eff. Oct. 31, 1973 at 11:59 p.m.