2-6-7. Duties and authority of the director of the department of environmental

management.

     (a) The duty of enforcing this chapter and carrying out its provisions and requirements is

vested in the director of the department of environmental management. It is the duty of that

officer, who may act through his or her authorized agents:

     (1) To sample, inspect, make analysis of, and test agricultural and vegetable seeds

transported, sold, or offered or exposed for sale within the state for sowing purposes, at any time

and place and to any extent as he or she may deem necessary to determine whether those

agricultural or vegetable seeds are in compliance with the provisions of this chapter; to notify

promptly the person who transported, sold, offered, or exposed the seed for sale, of any violation;

     (2) To prescribe and, after a public hearing following public notice, to adopt rules and

regulations governing the method of sampling, inspecting, analyzing, testing, and examining

agricultural and vegetable seed and the tolerances to be followed in the administration of this

chapter, which shall be in general accord with officially prescribed practice in interstate

commerce and any other rules and regulations that may be necessary to secure efficient

enforcement of this chapter;

     (3) To prescribe and, after a public hearing following public notice, establish, add to, or

subtract from by regulations a prohibited and restricted noxious weed list; and

     (4) To prescribe and, after a public hearing following public notice, to adopt rules and

regulations establishing reasonable standards of germination for vegetable seeds.

     (b) For the purpose of carrying out the provisions of this chapter, the director,

individually or through his or her authorized agents, is authorized:

     (1) To enter upon any public or private premises during regular business hours in order to

have access to seeds and the records connected with the premises subject to this chapter and rules

and regulations under this chapter, and any truck or other conveyor by land, water, or air at any

time when the conveyor is accessible, for the same purpose;

     (2) To issue and enforce a written or printed "stop sale" order to the owner or custodian

of any lot of agricultural or vegetable seed that the director finds is in violation of any of the

provisions of this chapter or rules and regulations promulgated under this chapter. That order

shall prohibit further sale, processing, and movement of the seed, except on approval of the

director, until the director has evidence that the law has been complied with and the director has

issued a release from the "stop sale" order of the seed; provided, that in respect to seed that has

been denied sale, processing, and movement as provided in this paragraph, the owner or

custodian of the seed has the right to appeal from the order to a court of competent jurisdiction in

the locality in which the seeds are found, praying for a judgment as to the justification of the

order and for the discharge of the seeds from the order prohibiting the sale, processing, and

movement in accordance with the findings of the court. The provisions of this paragraph shall not

be construed as limiting the right of the director to proceed as authorized by other sections of this

chapter;

     (3) To establish and maintain or make provisions for seed-testing facilities,; to employ

qualified persons,; and to incur any expenses that may be necessary to comply with these

provisions;

     (4) To make or provide for making purity and germination tests of seed for farmers and

dealers on request; to prescribe rules and regulations governing that testing; and to fix and collect

charges for the tests made. Fees shall be accounted for in any manner that the state legislature

may prescribe; and

     (5) To cooperate with the United States Department of Agriculture and other agencies in

seed law enforcement.

     (c) Jurisdiction in all matters pertaining to the cultivation, harvesting, production,

processing, certification, labeling, inspection, analyzing, testing, sampling, classification,

designation, advertising, marketing, sale, storage, transportation, distribution, possession,

notification of use, planting, and other use of agricultural and vegetable seeds is, by this chapter,

vested exclusively in the director, to the exclusion of all local ordinances or regulations.

     (1) All acts or parts of acts, whether general, special, or local, inconsistent with this

section are expressly repealed, declared to be invalid, and of no effect.

2-6-10. Violations and prosecutions.

     (a) Every violation of the provisions of this chapter shall be deemed a misdemeanor civil

violation punishable by a fine not exceeding one hundred dollars ($100) for the first offense and

not exceeding two hundred fifty dollars ($250) for each subsequent similar offense.

     (b) When the director finds that any person has violated any of the provisions of this

chapter, the director shall file with the attorney general, with a view of prosecution, any evidence

that may be deemed necessary. No prosecution under this chapter shall be instituted without the

defendant individual first having been given an opportunity to appear before the director or his or

her duly authorized agent, to introduce evidence either in person or by agent or attorney at a

private hearing. If, after the hearing, or without the hearing in case the defendant individual or his

or her agent or attorney fails or refuses to appear, the director is of the opinion that the evidence

warrants prosecution, the director shall proceed as provided in this section.

     (c) It is the duty of the attorney general director to institute proceedings at once against

any person charged with a violation of this chapter, if, in the judgment of the attorney general

director, the information submitted warrants that action.

     (d) After judgment by the court in any case arising under this chapter, the director shall

publish any information pertinent to the issuance of the judgment by the court in any media as the director may designate from time to time.

3-5-18. Signature on licenses � Posting and exhibition. 

     (a) All retail licenses issued under chapter 7 of this title shall bear the signature written by

hand, or electronic signature, of the clerk of the licensing board, body, or officials issuing them,

and shall not be printed, stamped, typewritten, engraved, photographed, or cut from one

instrument and attached to another and shall be displayed by the licensee, on the premises, and

shall be exhibited on demand to any deputy sheriff, to any city or town sergeant, constable,

officer or member of the city or town police or to any member of the department of state police or

agent of the department.

     (b) All retail licenses shall be displayed within the premises but need not be posted. The

license shall be exhibited to any deputy sheriff of the county, to any city or town sergeant,

constable, officer or member of the city or town police or to any member of the department of

state police or agent of the department who request proof that the establishment is duly licensed. 

3-6-1. Manufacturer's license. 

     (a) A manufacturer's license authorizes the holder to establish and operate a brewery,

distillery, or winery at the place described in the license for the manufacture of beverages within

this state. The license does not authorize more than one of the activities of operator of a brewery

or distillery or winery and a separate license shall be required for each plant.

     (b) The license also authorizes the sale at wholesale, at the licensed place by the

manufacturer of the product of the licensed plant, to another license holder and the transportation

and delivery from the place of sale to a licensed place or to a common carrier for that delivery.

The license does authorize the sale of beverages for consumption on premises where sold;

provided that the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of

malt beverage or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a

combination not greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.)

of beer or one and one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The

license also authorizes the sale of beverages produced on the premises in an amount not in excess

of two hundred eighty-eight ounces (288 oz.) of malt beverages, or seven hundred fifty milliliters

(750 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more

than seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-

premises consumption, and shall be sold pursuant to the laws governing retail Class A

establishments. The containers for the sale of beverages for off-premises consumption shall be

sealed. The license does not authorize the sale of beverages in this state for delivery outside this

state in violation of the law of the place of delivery. The license holder may provide to visitors, in

conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three

hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces

(72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the product of

the licensed plant to visitors for off-premises consumption. The license does not authorize

providing samples to a visitor of any alcoholic beverages for off-premises consumption that are

not manufactured at the licensed plant.

     (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for

a distillery producing less than or equal to fifty thousand (50,000) gallons per year; five hundred

dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500) for a winery

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per

year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are

prorated to the year ending December 1 in every calendar year and shall be paid to the division of

taxation and be turned over to the general treasurer for the use of the state.

3-6-1.2. Brewpub manufacturer's license. 

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of

the beverages manufactured on the location for consumption on the premises. The license shall

not authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments.

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common

carrier for that delivery.

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under � 3-6-9 or 3-6-11.

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per

year for a brewpub producing less than fifty thousand (50,000) gallons per year. The annual fee is

prorated to the year ending December 1 in every calendar year and paid to the division of taxation

and turned over to the general treasurer for the use of the state. 

3-6-3. Rectifier's license. 

     The department is authorized to issue rectifiers' licenses in accordance with the

provisions of �� 3-6-4 � 3-6-8. The fee provided shall be prorated to the year ending December 1

in every calendar year and be paid to the division of taxation and turned over to the general

treasurer for the use of the state. 

3-6-7. Annual rectifier's license fee.

     The annual fee for a rectifier's license is three thousand dollars ($3,000) five hundred

dollars ($500). The fee is prorated to the year ending December 1 in each calendar year.

3-6-10. Wholesaler's license � Class B. 

     (a) A wholesaler's license, Class B, authorizes the holder to keep for sale and to sell malt

and vinous beverages and distilled spirits at wholesale, at the place described in the license, to

holders of licenses under this title within this state and to holders of wholesale licenses in other

states and authorizes the transportation and delivery from the place of sale to those license

holders or to a common carrier for that delivery. Sales by a wholesaler in this state to a holder of

a wholesale license in another state shall be only to a wholesaler who is a distributor of the same

brand of malt beverages, vinous beverages, and distilled spirits subject to permission by the state

liquor control administrator. The license shall not authorize the sale of beverages for consumption

on the premises where sold nor the sale of beverages for delivery outside this state in violation of

the law of the place of delivery.

     (b) The annual fee for the license is four thousand dollars ($4,000) prorated to the year

ending December 1 in every calendar year, and shall be paid to the division of taxation and turned

over to the general treasurer for the use of the state whenever any malt beverages, vinous

beverages, and distilled spirits are sold outside the state pursuant to this section. Refunds or

credits of import fees previously paid on malt beverages, vinous beverages and distilled spirits

shall be made to holders of wholesaler's licenses under this title in accordance with regulations

promulgated by the division of taxation. 

3-6-11. Wholesaler's Class C license. 

     A wholesaler's Class C license authorizes the holder to manufacture, transport, import,

export, deliver, and sell alcohol for mechanical, manufacturing, medicinal, or chemical purposes

only, or to any registered pharmacist, licensed pharmacy, drug store, or apothecary shop, or to

any registered physician or dentist, or to any hospital or educational or scientific institution, for

use other than beverage purposes. The annual fee for the license is two hundred dollars ($200)

and shall be paid to the division of taxation and turned over to the general treasurer for the use of

the state. 

3-6-12. Agents' licenses. 

     Any person who represents a distillery, winery, or brewery is deemed and taken to be

acting as an agent for and on behalf of that distillery, winery, or brewery, and is required to have

received from the department a license to act as an agent. The annual fee for that license is fifty

dollars ($50.00) paid to the division of taxation general treasurer. The department may, after

notice, suspend or revoke any license for cause. 

3-7-15. Class G license.

     (a) A Class G retailer's license shall be issued only to any dining car company, sleeping

car company, parlor car company, and railroad company operating in this state, or any company

operating passenger-carrying marine vessels in this state, or any airline operating in this state, and

authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping cars,

buffet cars, club cars, lounge cars and any other cars used for the transportation or

accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any

airplane, beverages for consumption therein or thereon, but only when actually en route.

     (b) In addition, the holder of the Class G license for a passenger-carrying marine vessel

may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes

prior to the scheduled departure and until departure, provided that the local licensing board

annually consents.

     (c) Each company or airline to which the license is issued shall pay to the department an

annual fee of two hundred fifty dollars ($250) for the license, and one dollar ($1.00) for each

duplicate of the license, which fees are paid into the state treasury.

     (d) The license expires one year from its date and is good throughout the state as a state

license, and only one license is required for all cars or airplanes, but a license issued to any

company or person operating passenger-carrying marine vessels in this state shall authorize the

sale of beverages only in the passenger-carrying marine vessel designated and no further license

shall be required or tax levied by any city or town for the privilege of selling beverages for

consumption in those cars or on those vessels or in those airplanes. Each licensed dining car

company, sleeping car company, and railroad car company shall keep a duplicate of the license

posted in each car where beverages are sold. The department shall issue duplicates of the license

from time to time upon the request of any licensed company upon the payment of the fee of one

dollar ($1.00).

     (e) In addition, the holder of the Class G license for a railroad company may serve

alcoholic beverages at retail aboard its trains or in its controlled station premises, to ticket holding

passengers, during the period sixty (60) minutes prior to the train's scheduled departure and until

that departure, provided that the local licensing board annually consents.

3-7-15. Class G license.

     (a) A Class G retailer's license shall be issued only to any dining car company, sleeping

car company, parlor car company, and railroad company operating in this state, or any company

operating passenger carrying marine vessels in this state, or any airline operating in this state,

and authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping

cars, buffet cars, club cars, lounge cars and any other cars used for the transportation or

accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any

airplane, beverages for consumption therein or thereon, but only when actually en route.

     (b) In addition, the holder of the Class G license for a passenger-carrying marine vessel

may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes

prior to the scheduled departure and until departure, provided that the local licensing board

annually consents.

     (c) Each company or airline to which the license is issued shall pay to the department an

annual fee of two hundred fifty dollars ($250) for the license, and one dollar ($1.00) for each

duplicate of the license, which fees are paid into the state treasury.

     (d) The license expires one year from its date and is good throughout the state as a state

license, and only one license is required for all cars or airplanes, but a license issued to any

company or person operating passenger-carrying marine vessels in this state shall authorize the

sale of beverages only in the passenger-carrying marine vessel designated and no further license

shall be required or tax levied by any city or town for the privilege of selling beverages for

consumption in those cars or on those vessels or in those airplanes. Each licensed dining car

company, sleeping car company, and railroad car company shall keep a duplicate of the license

posted in each car where beverages are sold. The department shall issue duplicates of the license

from time to time upon the request of any licensed company upon the payment of the fee of one

dollar ($1.00).

3-7-19. Objection by adjoining property owners -- Proximity to schools and churches.

     (a) Retailers' Class B, C, N and I licenses, and any license provided for in � 3-7-16.8 of

this chapter, shall not be issued to authorize the sale of beverages in any building where the

owner of the greater part of the land within two hundred feet (200') of any point of the building

files with the body or official having jurisdiction to grant licenses his or her objection to the

granting of the license, nor in any building within two hundred feet (200') of the premises of any

public, private, or parochial school or a place of public worship. In the city of East Providence,

retailer's Class A licenses shall not be issued to authorize the sale of beverages in any building

within five hundred feet (500') of the premises of any public, private, or parochial school, or a

place of public worship.

     (b) As used in this section, "private school" means any nonpublic institution of

elementary or secondary (K-12th grade) education, accredited or recognized as a private school

by the department of elementary and secondary education or the school committee of the city or

town having jurisdiction over private schools.

     (c) This section shall not apply to any Class B or C license holder whose license was

issued prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an

objection to, or disapproval of, the transfer of a Class B or C license where the location of the

licensed establishment predates the location of the public, private, or parochial school, or place of

public worship.

     (d) (1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B, C, or I license intended to be located within the following

described area(s) in the city of Providence:

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

     Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

     Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

     Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

     Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

     Thence turning and running northerly along the westerly shore line of the Providence

River to its intersection with the southerly line of Crawford Street;

     Thence running northwesterly across Dyer Street to the intersection of the westerly line

of Dyer Street to the southerly line of Custom House Street;

     Thence running northerly in part along the southerly line of Dyer Street and in part along

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

     Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

     Thence turning and running westerly along the southerly line of Smith Street to the point

and place of beginning.

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

     Thence running in a general westerly direction along the northerly line of Wickenden

Street to the intersection of Wickenden Street and Benefit Street;

     Thence running in a general northerly direction along the easterly line of Benefit Street to

the intersection of Benefit Street and Sheldon Street;

     Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

     Thence turning and running in a general southerly line to the intersection of Brook Street

and Wickenden Street that being the point of beginning.

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

     Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102') to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9') along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet

(112') to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse

Street for a distance of ninety feet (90') to the point and place of beginning.

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within any zoning district in

the town of Warren which is designated as a limited business district or as a general business

district pursuant to the zoning ordinance of the town of Warren.

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of

the Bristol tax assessors map as of December 31, 1999, including that portion of the public

sidewalk contiguous to said lot.

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section

as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance

of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B

license.

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on lot 131 of tax assessors

plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer

Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed

retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city

of Cranston under this exemption, whether said transfer is attributable to the holder's death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13,

2003 and, in addition, those requirements applicable to anyone who desires to become a

transferee of a validly issued and outstanding Class B license designated for use in any location in

the state of Rhode Island. Neither the exemption granted herein nor any future exemption granted

hereafter shall be effective until the proposed Class B license and the underlying property owner

is certified to be current in the payment of any and all local and state taxes.

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within the following

described area in the city of Pawtucket:

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

along the Central Falls line to the Blackstone River, then north along the city boundary on the

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way,

then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to

the Central Falls line.

     (9) Notwithstanding the provisions of this section the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax

assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.

     (11) Notwithstanding the provisions of this section the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall

apply only to any renewal of any class B, C, or I license issued for use at the said premises

located on plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then

this exemption is hereby repealed in its entirety.

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of

the applicable city of Providence tax assessment map.

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this

section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181,

lot 1A.

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot

732.

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat

105, lot 12 and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section the city council of the city of Central

Falls, shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 5, lot 188 of the applicable city

of Central Falls tax assessment map.

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the

applicable town of Portsmouth tax assessment map.

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the

applicable city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any

Class B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax

assessors map as of December 31, 2012.

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of

the applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot

211.

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls shall, after application, have the authority to exempt from the provisions of this section any

proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 1948-1950 Westminster

Street on plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

Middletown, after application, is authorized to exempt from the provisions of this section, any

proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown's tax assessor's maps as of December 31, 2014.

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the

applicable city of Providence tax assessor's map.

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV license intended to be located at 226 and 230 Dean

Street on plat 25, lot 44 of the applicable city of Providence tax assessment map.

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 219 Main Street on

map/lot 085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

East Greenwich shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 137 Main Street on

map/lot 085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-

003-084; 74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241

Main Street on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street

on map/lot 085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town

of East Greenwich tax assessment map.

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

Lincoln shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on tax assessor's plat 10, lot 108, of

the Lincoln tax assessor's map as of December 31, 2015.

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class C license intended to be located at 215 Dean Street on plat

28, lot 961 of the applicable city of Providence tax assessment map.

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 100-102 Hope Street on

plat 16, lot 263 of the applicable city of Providence tax assessment map.

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

Cumberland shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 88 Broad Street on Lots

32, 51, and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located at 11 Lowell Avenue, 191

Pocasset Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax

assessor's map as of December 31, 2017.

   (35)(36) Notwithstanding the provisions of this section, the city council in the city of

Central Falls shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 1, of Lot 171 of the

applicable city of Central Falls tax assessment map.

  (35)(37) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class BV and Class BX license intended to be located at 161

Douglas Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

   (35)(38) Notwithstanding the provisions of this section, the board of licenses in the city

of Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailers' Class B license intended to be located at 1007 Broad Street, Plat

53, Lot 192 of the applicable city of Providence tax assessment map and 1017 Broad street Street

Plat 53, Lot 582 of the applicable city of Providence tax assessment map.

3-7-23. Closing hours for Class A licenses.

     The following closing hours shall be observed by all Class A license holders:

     (1) November 1 to May 31. No holder of a Class A license shall sell or deliver beverage

under that license between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m.

(local time), except on legal holiday eves at which time the closing hour shall be eleven o'clock

(11:00) p.m. In the city of Providence, no holder of a Class A license shall sell or deliver

beverages under that license between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00)

a.m. (local time), except on legal holiday eves at which time the closing hour shall be eleven

o'clock (11:00) p.m. In the city of Central Falls, no holder of a Class A license shall sell or deliver

beverages under that license between the hours of ten o'clock (10:00) p.m. and nine o'clock (9:00)

a.m. (local time. When a legal holiday is celebrated on a Monday, the preceding Saturday shall be

considered the holiday eve.

     (2) June 1 to October 31. No holder of a class A license shall sell or deliver beverages

under this license between the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m.

(local time). In the city cities of Providence and Central Falls, no holder of a Class A license shall

sell or deliver beverages under that license between the hours of eleven o'clock

(11:00) p.m. and nine o'clock (9:00) a.m. (local time).

3-8-6. Unlawful drinking and misrepresentation by underage persons � Identification cards

for persons twenty-one and older.

     (a) It is unlawful for:

     (1) A person who has not reached his or her twenty-first (21st) birthday to enter any

premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or

having served or delivered to him or her alcoholic beverages; or

     (2) A person who has not reached his or her twenty-first (21st) birthday to consume any

alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,

attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

     (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or

to misrepresent his or her age through the presentation of any of the following documents:

     (i) An armed service identification card, valid passport, the identification card license, or

any other documentation used for identification purposes that may belong to any other person

who is twenty-one (21) years or older;

     (ii) A motor vehicle operator's license which that bears the date of birth of the licensee,

and which that is issued by this state or any other state;

     (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of

inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic

beverage to a minor.

     (b) (1) The administrator of the division of motor vehicles shall issue to any person who

has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon

payment of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or

baptismal certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid

immigrant or refugee document issued by the United States immigration and naturalization

service United States Citizenship and Immigration Services including, but not limited to, any

one of the following: Form I-551, Form I-94, Form I-688A, and Form I-688, and a form

evidencing that the applicant is a current or past recipient of a grant of deferred action under the

Deferred Action for Childhood Arrivals program, together with a document bearing the

applicant's signature.

     (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay

the fee.

     (3) Each registration card shall be subject to renewal every five (5) years upon payment

of a fee of twenty-five dollars ($25).

     (4) No person who holds an operator's license issued by this state or any other state shall

be issued a Rhode Island identification card.

     (5) The identification card shall be signed by the administrator of the division of motor

vehicles and by the applicant and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two

inches (2") in height and four inches (4") in length and shall be printed in the following form:

RHODE ISLAND IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht. Wt.

���� ���� �� �� ��

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (6) The identification cards shall be produced at the adult correctional institutions if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all

cards shall be manufactured by the lowest responsible bidder following advertisement for the

solicitation of bids.

     (7) The identification cards shall be clearly distinguishable from those issued pursuant to

� 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (8) Any person who has been designated as permanently and totally disabled by the social

security administration or who upon certification by an optometrist, ophthalmologist, or physician

that a holder of a valid and current motor vehicle operator's license is no longer able to operate a

motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon

request, a Rhode Island identification card for the unexpired term of such the person's motor

vehicle operator's license at no additional cost. Thereafter, a renewal of such card shall be subject

to the standard renewal charge of twenty-five dollars ($25) until such the person shall reach his or

her fifty-ninth (59th) birthday.

     (9) The administrator of the division of motor vehicles shall, upon presentation of a

United States Department of Defense (DD) FORM 214 or other acceptable documentation of

military service and verification of an honorable discharge, issue an identification card to the

presenter which that is clearly marked "veteran", at no additional cost.

     (c) (1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or

photographic reproduction equipment which that provides the same information as required by

the book. That licensee and/or the licensee's employee shall require any person who has shown a

document as set forth in this section substantiating his or her age to sign that book or to permit the

taking of his or her photograph and indicate what document was presented. Use of the

photographic reproduction equipment is voluntary for every Class A, B, C and D licensee.

     (2) The sign-in-as-minor book and photographic reproduction equipment shall be

prescribed, published, and approved at the direction and control of the division. The book shall

contain at least four hundred (400) pages,; shall be uniform throughout the state,; and shall be

distributed at a cost not to exceed seven dollars ($7.00).

     (3) If a person whose age is in question signs the sign-in-as-minor book or has a

photograph taken before he or she is sold any alcoholic beverage and it is later determined that

the person had not reached his or her twenty-first (21st) birthday at the time of sale, it is

considered prima facie evidence that the licensee and/or the licensee's agent or servant acted in

good faith in selling any alcoholic beverage to the person producing the document as set forth in

this section misrepresenting his or her age.

     (4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution

of the licensee and/or the licensee's agent or servant for an alleged violation of this section.

     (d) (1) Any person who violates this section shall be punished for the first offense by a

mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars

($500) and shall be further punished by thirty (30) hours of community service and shall be

further punished by a suspension of his or her motor vehicle operator's license or driving

privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less

than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be

further punished by forty (40) hours of community service and will be further punished by a

suspension of his or her motor vehicle operator's license or driving privileges for a period of three

(3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not

less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall

be further punished by fifty (50) hours of community service and will be further punished by a

suspension of his or her motor vehicle operator's license or driving privileges for a period of one

year.

     (2) Any suspension of an operator's license or driving privilege pursuant to this section

shall not operate to affect the insurance rating of the offender and any operator's license or

driving privilege suspended pursuant to this section shall be reinstated without further expense

upon application.

     (e) Within thirty (30) days after this incident the police chief of the city or town where

the incident took place is directed to inform, in writing, the department of business regulation

whether or not charges in accordance with this section have been preferred against a person who

has not reached his or her twenty-first (21st) birthday and has violated this section. If no charge is

brought against any person who has not reached his or her twenty-first (21st) birthday and has

violated the provisions of this section, then the police chief of the city or town where the incident

took place will state the reason for his or her failure to charge the person who has not reached his

or her twenty-first (21st) birthday.

     (f) The Rhode Island identification card may be withdrawn at any time for just cause, at

the discretion of the administrator of the division of motor vehicles. The administrator of the

division of motor vehicles shall keep a record of the cards issued and each card shall contain an

identification number specifically assigned to the person to whom the card was issued.

     (g) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals, (DACA)

program shall not confer the right to vote in the state of Rhode Island.

3-8-6.1. Identification cards for persons under the age of 21.

     (a) (1) The administrator of the division of motor vehicles shall issue to any person upon

request, who is under twenty-one (21) years of age, an identification card upon payment of a fee

of twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate,

or U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee

document issued by the United States immigration and naturalization service Citizenship and

Immigration Services including, but not limited to, any one of the following: Form I-551, Form

I-94, Form I-688A, and Form I-688, and a form evidencing that the applicant is a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals program,

together with a document bearing the applicant's signature. No person who holds an operator's

license, issued by this state or any other state, shall be issued an identification card.

     (2) The identification card shall be subject to renewal every five (5) years upon the

payment of a fee of twenty-five dollars ($25.00).

     (3) The identification card shall be signed by the administrator of the division of motor

vehicles and also by the applicant, and his or her picture shall appear on the card along with the

required information and the card shall be encased in laminated plastic. The card shall be two

inches (2") in height and four inches (4") in length and shall be printed in the following form:

IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht. Wt.

���� ���� �� �� ��

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (4) The identification cards shall be produced at the adult correctional institution if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all

cards shall be manufactured by the lowest responsible bidder following advertisement for the

solicitation of bids.

     (5) The identification cards shall be clearly distinguishable from those issued pursuant to

� 3-8-6 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (b) The identification card may be withdrawn at any time for just cause, at the discretion

of the administrator of the division of motor vehicles. The administrator of the division of motor

vehicles shall keep a record of the cards issued and each card shall contain an identification

number specifically assigned to the person to whom the card was issued.

     (c) The administrator of the division of motor vehicles shall, upon presentation of a

United States Department of Defense (DD) FORM 214 or other acceptable documentation of

military service and verification of an honorable discharge, issue an identification card to the

presenter which that is clearly marked "veteran", at no additional cost.

     (d) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals, (DACA)

program shall not confer the right to vote in the state of Rhode Island.

4-1-2. Overwork, mistreatment, or failure to feed animals -- Shelter defined.

     (a) Whoever overdrives, overloads, drives when overloaded, overworks, tortures,

torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or

procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured,

tormented, deprived of necessary sustenance, cruelly beaten, or mutilated, any animal, and

whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts

cruelty upon that animal, or willfully fails to provide that animal with proper food, drink, shelter,

or protection from the weather, shall, for each offense, be imprisoned not exceeding eleven (11)

months, or be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500),

or both. If the offense described in this section results in the death of the animal, the person shall

be punished in the manner provided in � 4-1-5.

     (b) Any person who has been previously convicted of an offense provided for in chapter

1 of title 4 shall, upon conviction of a second or subsequent violation within a ten-(10) year (10)

period, be imprisoned for a period not exceeding six (6) years, or fined not less than five hundred

dollars ($500) and not exceeding five thousand dollars ($5,000), or both. In addition, every

person convicted under chapter 1 of title 4 of a second or subsequent offense shall be required to

serve one hundred (100) hours of community restitution. The community restitution penalty shall

not be suspended or deferred and is mandatory.

     (b)(c) Every owner, possessor, or person having charge of any animal may, upon

conviction of a violation of this section, be ordered to forfeit all rights to ownership of the animal

to the animal-control officer of the city or town in which the offense occurred or to a humane

society that owns and operates the shelter that provided the subject animal shelter subsequent to

any confiscation of said that animal pursuant to this section.

     (c)(d) Shelter means a structure used to house any animal that will provide sufficient

protection from inclement elements for the health and well being of the animal.

4-13-1.2. Definitions.

     (1) "Adequate shelter" means the provision of and access to shelter that is suitable for the

species, age, condition, size, and type of each dog; provides sufficient space for the dog to

maintain comfortable rest, normal posture, and range of movement; and is safe to protect each

dog from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold,

physical suffering, and impairment of health. Shelters with wire grid or slat floors which that

permit the dog's feet to pass through the openings, sag under the dog's weight, or otherwise do not

protect the dog's feet from injury, are not considered adequate shelter.

     (1)(2) "Board" means the rabies control board.

     (2)(3) "Department" means the department of environmental management or its

successor.

     (3)(4) "Director" means the director of the department of environmental management (or

its successor), or his or her designee.

     (4)(5) "Division" means the division of agriculture.

     (5)(6) "Guardian" means a person(s) having the same rights and responsibilities as an

owner or keeper, and the terms may be used interchangeably. A guardian shall also mean a person

who possesses, has title to or an interest in, harbors or has control, custody, or possession of an

animal and who is responsible for an animal's safety and well-being.

     (6)(7) "Livestock" means domesticated animals which that are commonly held in

moderate contact with humans which include, but are not limited to, cattle, bison, equines, sheep,

goats, llamas, and swine.

     (7)(8) "Owner or keeper" means any person or agency keeping, harboring, or having

charge or control of or responsibility for control of an animal or any person or agency which that

permits any dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or

premises. This term shall not apply to veterinary facilities, any licensed boarding kennel,

municipal pound, pet shop, or animal shelter.

     (8)(9) "Person" means an individual, firm, joint stock company, partnership, association,

private or municipal corporation, trust, estate, state, commission, political subdivision, any

interstate body, the federal government or any agency or subdivision of the federal government,

other government entity, or other legal entity.

     (9)(10) "Pets" means domesticated animals kept in close contact with humans, which

include, but may not be limited to, dogs, cats, ferrets, equines, llamas, goats, sheep, and swine.

     (10)(11) "Quarantine" means the removal, isolation, the close confinement, or related

measures of an animal under conditions and for time periods that are set by regulation of the

board.

     (11)(12) "Tether" means the practice of fastening a dog to a stationary object or stake by

a chain, rope, or other tethering device as a means of keeping the dog under control. A dog being

walked on a leash is not tethered.

4-13-42. Care of dogs.

     (a) It shall be a violation of this section for an owner or keeper to:

     (1) Keep any dog on a permanent tether that restricts movement of the tethered dog to an

area less than one hundred thirteen square feet (113 sq. ft.), or less than a six foot (6') radius at

ground level.

     (2) Tether a dog with a choke-type collar, head collar, or prong-type collar. The weight of

any chain or tether shall not exceed one-eighth (1/8) of the dog's total body weight.

     (3) Keep any dog tethered for more than ten (10) hours during a twenty-four- (24) hour

(24) period or keep any dog confined in an area or primary enclosure a pen, cage, or other shelter

for more than fourteen (14) hours during any twenty-four- (24) hour (24) period, and more than

ten (10) hours during a twenty-four- (24) hour (24) period, if the area is not greater than that

which is required under the most recently adopted version of the department of environmental

management's rules and regulations governing animal care facilities.

     (4) Tether a dog anytime from the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock

a.m. (6:00 a.m.), except for a maximum of fifteen (15) minutes.

     (4)(5) Keep any dog outside, either tethered, penned, caged, fenced, or otherwise

confined, without access to an outdoor housing facility when the ambient temperature is beyond

the industry standard for the weather safety scale as set forth in the most recent adopted version

of the Tufts Animal Care and Condition Weather Safety Scale (TACC) if the dog is showing

signs of poor health due to the weather conditions.

     (b) It shall be a violation of this section for an owner or keeper to fail to provide a dog

with adequate feed, adequate water, or adequate veterinary care as those terms are defined in � 4-

19-2; provided however, that adequate veterinary care may be provided by an owner using

acceptable animal husbandry practices.

     (c) Any person in violation of this section shall be given a warning for a first violation.

Second and subsequent violations of this subsection can be considered a violation of � 4-1-2.

Each day of violation shall constitute a separate offense. Exposing any dog to adverse weather

conditions strictly for the purpose of conditioning shall be prohibited.

     (d) The provisions of this section, as they relate to the duration and timeframe of

tethering or confinement, shall not apply:

     (1) If the tethering or confinement is authorized for medical reasons in writing by a

veterinarian licensed in Rhode Island, the authorization is renewed annually, and shelter is

provided;

     (2) If tethering or confinement is authorized in writing by an animal control officer, or

duly sworn police officer assigned to the animal control division, for the purposes, including, but

not limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must

be renewed annually. Such The written authorization issued by an animal control officer or duly

sworn police officer assigned to the animal control division in the political subdivision of the

state where the dogs are kept shall be considered valid in every other political subdivision of the

state. Such The written authorization issued by an animal control officer or duly sworn police

officer assigned to the animal control division in the political subdivision of the state where the

dogs are kept is revocable by that animal control officer or police officer if there are any

conditions present that warrant revocation. Such The conditions include, but are not limited to,

changes in the number or type of dogs, changes in the facility structure or safety, and changes in

the health of the dog;

     (3) To a training facility, grooming facility, commercial boarding kennel, pet shop

licensed in accordance with chapter 19 of this title, animal shelter, municipal pound, To any

entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary facility; or

     (4) To licensed hunters, field trial participants, or any person raising or training a gun dog

or hunting dog, provided that the licensed hunter or field trial hunt test participant is actively

engaged in hunting, training, or field trial hunt testing or is transporting the dog to or from an

event;

     (5) To livestock farmers who use their dogs to protect their livestock from predators;

     (6) To an exhibitor holding a class C license under the Animal Welfare Act (7 U.S.C. �

2133) that are temporarily in the state, if authorized by the department of environmental

management (DEM); or

     (7) To sled dog owners who are actively training their dogs to pull sleds in winter

conditions.

     (e) Any person in violation of this section shall be imprisoned not exceeding eleven (11)

months, or fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or

both. Each day of violation shall constitute a separate offense.

     (f) General agents or special agents of the Rhode Island Society for the Prevention of

Cruelty to Animals (RISPCA) are hereby authorized to enforce the provisions of this chapter in

cooperation with animal control officers and the department of environmental management

(DEM).

4-13-44. Minimum maturity level for sale of dogs.

     (a) Except as otherwise authorized under any other provision of law, it shall be a crime,

punishable as specified in subsection (c) of this section, for any person to sell or transfer (as

further described within subsection (b) of this section) one or more dogs that are not fully

weaned, unless, prior to any physical transfer of the dog or dogs from the seller/transferor to the

purchaser/transferee, the dog or dogs are approved for sale, as evidenced by written

documentation from a veterinarian licensed to practice in Rhode Island.

     (b) For the purposes of this section, the sale or transfer of a dog or dogs shall not be

considered complete, and thereby subject to the requirements and penalties of this section, unless

and until the seller/transferor physically transfers the dog or dogs to the purchaser/transferee.

     (c) Any person who violates this section shall be subject to imprisonment not to exceed

twelve (12) months or a fine not to exceed one thousand dollars ($1,000), or both.

     (d) With respect to the sale of two (2) or more dogs in violation of this section, each dog

unlawfully sold or transferred shall represent a separate offense.

     (e) This section shall not apply in instances where the following types of organizations

place a dog into �foster care� pursuant to their respective current practices of operation:

     (1) An organization, as defined in Section 501(c)(3) of the Internal Revenue Code, or

animal shelter, as defined in � 4-19-2; and

     (2) A pound or dog pound as defined in � 4-19-2.

4-19-2. Definitions.

     As used in this chapter, chapter 13 of this title, and the regulations promulgated under

this chapter:

     (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

     (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

     (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

     (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

     (5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

     (6) "Ambient temperature" means the temperature surrounding the animal.

     (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

     (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

     (10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

     (12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

     (13) "Director" means the director of environmental management of the state of Rhode

Island.

     (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

     (15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

     (16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

possesses; has title to or an interest in; harbors or has control, custody, or possession of an animal

and who is responsible for an animal's safety and well-being.

     (17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in � 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a breeder.

     (18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

     (19) "Kennel" means a place or establishment, other than a pound, animal shelter, or

veterinary hospital that is housing animals during their treatment, where animals not owned by

the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to

the sheltering, feeding, and watering, in return for a fee, in a residential setting, of no more than

four (4) animals, not owned by the proprietor, subject to any applicable municipal ordinances,

that may be more restrictive.

     (20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, or broker that is required to be licensed or registered with the director

pursuant to the provisions of this chapter and is so licensed or registered.

     (21) "Neuter" means to surgically render a male dog or cat unable to reproduce.

     (22) "Person" means any individual, partnership, firm, joint stock company, corporation,

association, trust, estate, or other legal entity.

     (23) "Pet shop" means a temporary or permanent establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in � 4-25-1(4).

     (24) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal

that will have the intended purpose or effect of containment of that animal or that will effectively

restrict the liberty of the animal.

     (26) "Public auction" means any place or location where dogs or cats are sold at auction

to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a

group, or by weight.

     (27) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

     (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical

minimum, agents injurious to health.

     (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances,

the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

     (30) "Spay" means to surgically render a female dog or cat unable to reproduce.

     (31) "State veterinarian" means a licensed veterinarian from the department of

environmental management.

4-19-6. Public auction and kennel licenses.

     (a) No person shall operate a public auction or a kennel, as defined in this chapter, unless

a license to operate that establishment has been granted by the director. Application for the

license shall be made in the manner provided by the director. The license period is the fiscal year

and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning

with the first day of the fiscal year.

     (b) This section shall not be interpreted to interfere in any manner with the issuing of a

public auction or kennel license by any city or town, nor any fee charged by any city or town. No

license shall be issued by the director except for those premises as shall be designated by the

respective city or town council.

     (c) Pursuant to � 4-19-2(19), any person who provides the sheltering, feeding, and

watering in return for a fee in a residential setting, of no more than four (4) animals, not owned

by the proprietor is:

     (1) Exempt under this chapter from licensure as a kennel; and

     (2) Subject to inspection by an authorized agent of the department, upon the department

of environmental management (hereinafter "the department") receiving a written complaint

against the person. Only complaints related to animal care, animal health, and animal welfare

may initiate an inspection. Any inspection that is conducted by the department shall be conducted

during the hours of eight o'clock a.m. (8:00 a.m.) through five o'clock p.m. (5:00 p.m.), unless the

person who is the subject of the complaint agrees to an inspection at another time; and

     (3) Required to be compliant with the department's rules and regulations governing

animal care facilities (RICR 250-RICR-40-05-4) �� 4.7 and 4.8.A.l through 8 (excluding the

sanitation log requirements of 4.8.A.3). Any inspection conducted by an authorized agent of the

department shall be limited to the aforementioned sections and shall be limited to areas where

animals being cared for have access. Any violations of these sections are punishable in

accordance with � 4.12 of the rules and regulations governing animal care facilities and any

appeal for any enforcement action shall be made in accordance with � 4.11.B of those rules and

regulations; and

     (4) Any person who is subject to inspection, pursuant to the conditions set forth in

subsection � 4-19-6(c)(2), but who denies access to authorized inspectors from the department, is

subject to a civil fine of three hundred fifty dollars ($350). Each day that access is denied

constitutes a separate punishable offense.

4-27-2. Research dogs and cats -- Retirement.

     (a) A higher education research facility that receives public money, including tax-exempt

status, or a facility that provides research in collaboration with a higher education facility shall,

after the completion of any testing or research involving a dog or cat, assess the health of the dog

or cat and determine whether it is suitable for adoption. Such The facility shall thereafter make

reasonable efforts to offer for adoption the dog or cat determined to be suitable for adoption,

either through private placement or through an animal rescue and shelter organization,; a duly

incorporated society for the prevention of cruelty to animals,; a duly incorporated humane

society,; or a duly incorporated animal protective association that operates physical animal

sheltering facilities and offers household pets to the public for adoption by way of an established

adoption program. These efforts shall be made prior to euthanizing such the dog or cat. Nothing

in this section shall create a duty upon such an organization, association, or society to accept a

dog or cat offered by a higher education research facility for adoption.

     (b) A facility that is required to offer dogs or cats for adoption under this section may

enter into an agreement with an animal rescue and shelter organization,; a duly incorporated

society for the prevention of cruelty to animals,; a duly incorporated humane society,; or a duly

incorporated animal protective association that operates physical animal sheltering facilities and

offers household pets to the public for adoption by way of an established adoption program.

     (c) The attending or institutional veterinarian at a facility that is required to offer dogs or

cats for adoption under this section shall have the authority to assess the health of an animal and

determine whether an animal is suitable for adoption.

5-8.1-9. Board of registration for professional land surveyors -- Application and

qualification for registration.

     (a) (1) Application for registration as a professional land surveyor or certification as a

surveyor-in-training shall be made, in writing, on a form prescribed and furnished by the board of

land surveyors board of registration for professional land surveyors. The application shall:

     (i) Contain statements made under oath;

     (ii) Show the applicant's education;

     (iii) Contain a detailed summary of the applicant's technical and professional experience;

and

     (iv) Designate references as described in this section.

     (b) The fee established in � 5-8.1-11 must accompany each application. Failure to include

this fee will result in the application being returned to the applicant without consideration by the

board.

     (c) To be eligible for registration as a professional land surveyor, an applicant must be of

good character and reputation. Additionally, the applicant must submit five (5) references with

his or her application, three (3) of which are from registered professional land surveyors having

personal knowledge of his or her land surveying experience. No person seeking his or her initial

registration as a professional land surveyor shall be granted the certificate without first

completing a surveyor-in-training program as prescribed and approved by the board and pass

passing an examination in the fundamentals of land surveying. Upon passing that examination,

the applicant is granted a surveyor-in-training certificate in this state.

     (d) To be eligible for certification as a surveyor-in-training, an applicant must be of good

character and reputation substantiated by an interview with a quorum of the board of registration

board of registration of professional land surveyors and additionally must submit three (3)

character references one of which must be from a professional land surveyor.

     (e) One of the following shall be considered as minimum evidence to the board that the

applicant is qualified for registration as a professional land surveyor or for certification as a land-

surveyor-in training, respectively:

     (i) Graduation from a four-(4) year (4) survey degree program, experience and

examination. A graduate of a four-(4) year (4) survey degree program may be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum four (4) years of experience in

land surveying. This verified experience shall be under the direct supervision of a registered

professional land surveyor, satisfactory to the board, and shall be broken down as follows.: At a

minimum, twenty percent (20%) shall be field experience,; twenty percent (20%) shall be

research, deed evidence, reconciliation, etc.; and twenty percent (20%) shall be property line

calculations and determination. Once the experience has been deemed satisfactory to the board,

the applicant may be admitted to an examination in the principles and practice of land surveying

plus an additional Rhode Island legal portion. Upon passing that examination, the applicant is

granted a certificate of registration to practice land surveying in this state, provided the applicant

is qualified.

     (ii) Graduation from a four-(4) year (4) degree program, experience and examination. A

graduate of a four-(4) year (4) degree program applicant who has also fulfilled the four (4) year

core curriculum (see paragraph (iii) below subsection (h) of this section) may be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum five (5) years of experience in

land surveying. This verified experience shall be under the direct supervision of a registered

professional land surveyor, satisfactory to the board, and shall be broken down as follows: At a

minimum, twenty percent (20%) shall be field experience; twenty percent (20%) shall be

research, deed evidence, reconciliation, etc.; and twenty percent (20%) shall be property line

calculations and determination. Once the experience has been deemed satisfactory to the board,

the applicant may be admitted to an examination in the principles and practice of land surveying

plus an additional Rhode Island legal portion. Upon passing that examination, the applicant is

granted a certificate of registration to practice land surveying in this state, provided the applicant

is qualified.

     (iii) Four (4) year core curriculum. An applicant with a four (4) year degree as described

in paragraph (ii) above may need to take additional courses to fulfill, at a minimum, the following

core curriculum. For the following list of classes any equivalent class may be taken and any

survey related course may be substituted upon approval of the board:

     (A) Surveying I (3 credit hours), Surveying II (3 credit hours).

     (B) GPS & Geodetic control (3 credit hours).

     (C) Photogrammetry and remote sensing (3 credit hours).

     (D) Boundary adjustment computations (3 credit hours).

     (E) Land development/planning (3 credit hours).

     (F) Geographic/land information systems (3 credit hours).

     (G) Physics I with lab (4 credit hours).

     (H) Calculus I (4 credit hours), Calculus II (4 credit hours).

     (I) Statistical analysis (3 credit hours).

     (J) Law (12 credit hours): boundary law, law of contracts, law of property, estates &

trusts, professional ethics.

     (K) Business (9 credit hours): Quantitative business analysis I, business administration,

small business management, micro economics.

     (L) Science (9 credit hours): geology, astronomy, soils, dendrology, chemistry, biology,

ecology.

     (M) Computer usage (12 credit hours): introduction to computers, computer science,

computer programming, AutoCAD basics, AutoCAD advanced.

     (N) English composition (3 credit hours).

     (O) Advanced communication (6 credit hours): technical writing, creative writing or

speech.

     (iv)(iii) Graduation from a two-(2) year (2) survey degree program, experience, and

examination. A graduate of a two-(2) year (2) survey degree program may be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum six (6) five (5) years of verified

experience in land surveying. (Four (4) of the years of experience shall be after receiving a

surveyor-in-training certificate). All six (6) five (5) years of experience shall be under the direct

supervision of a registered professional land surveyor, satisfactory to the board, and shall be

broken down as follows: At a minimum, twenty percent (20%) shall be field experience,; twenty

percent (20%) shall be research, deed evidence, reconciliation, etc.; and twenty percent (20%)

shall be property line calculations and determination. Once the experience has been deemed

satisfactory to the board, the applicant may be admitted to an examination in the principles and

practice of land surveying plus an additional Rhode Island legal portion. Upon passing that

examination, the applicant is granted a certificate of registration to practice land surveying in this

state, provided the applicant is qualified.

     (v)(iv) Graduation from a two-(2) year (2) degree program, experience, and examination.

A graduate of a two-(2) year (2) degree program applicant who has also fulfilled the two (2) year

core curriculum (see paragraph (vi) below subsection (h) of this section) may be admitted to an

examination in the fundamentals of land surveying. Upon passing that examination the applicant

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

certificate the applicant will need a specific record of a minimum seven (7) five (5) years of

verified experience in land surveying. (Four (4) of the years of experience shall be after receiving

a surveyor-in-training certificate). All seven (7) five (5) years of experience shall be under the

direct supervision of a registered professional land surveyor, satisfactory to the board, and shall

be broken down as follows: At a minimum, twenty percent (20%) shall be field experience;

twenty percent (20%) shall be research, deed evidence, reconciliation, etc.; and twenty percent

(20%) shall be property line calculations and determination. Once the experience has been

deemed satisfactory to the board, the applicant may be admitted to an examination in the

principles and practice of land surveying plus an additional Rhode Island legal portion. Upon

passing that examination, the applicant is granted a certificate of registration to practice land

surveying in this state, provided the applicant is qualified.

     (vi) Two (2) year core curriculum. An applicant with a two (2) year degree as described

in paragraph (v) above may need to take additional courses to fulfill, at a minimum, the following

core curriculum. For the following list of classes any equivalent class may be taken and any

survey related course may be substituted upon approval of the board:

     (A) Surveying I (3 credit hours), Surveying II (3 credit hours).

     (B) Mathematics (12 credit hours): advanced algebra, analytical trigonometry, analytical

geometry, spherical trigonometry, statistical analysis or quantitative business analysis I,

Analytical trigonometry and analytical geometry are mandatory classes to fulfill the (12 credit

hours).

     (C) Business and law (6 credit hours): legal principles, business administration, law of

contracts, law of property, estates & trusts, professional ethics.

     (D) Science (6 credit hours): physics, geology, astronomy, soils, dendrology, chemistry,

biology, ecology.

     (E) Computer usage (6 credit hours): introduction to computers, computer science,

computer programming, AutoCAD basics, AutoCAD advanced.

     (F) English composition (3 credit hours).

     (G) Advanced communication (6 credit hours): technical writing, creative writing or

speech.

     (vii) Graduation from a two (2) year program, experience and examination. Any person

obtaining a minimum of five (5) years experience under the supervision of a registered

professional land surveyor, and is satisfactory to the board, may be admitted to an examination in

the fundamentals of land surveying. Upon passing that examination the applicant is granted a

surveyor-in-training certificate (LSIT), in this state provided the applicant is qualified. Upon

obtaining a specific record of a minimum of an additional five (5) years of experience of

combined office and field experience satisfactory to the board in land surveying, which

experience was under the direct supervision of a registered professional land surveyor, and which

experience indicates to the board that the applicant may be competent to practice land surveying,

and the person is a graduate of a land surveying or related curriculum of satisfactory standing, of

two (2) years or more approved by the board, who has obtained an associates degree in land

surveying or related curriculum, the applicant may be submitted to an examination in the

principles and practice of land surveying plus an additional Rhode Island legal portion. Upon

passing that examination, the applicant is granted a certificate of registration to practice land

surveying in this state, provided the applicant is qualified. This subsection expires at midnight,

December 31, 2009.

     (viii) In certain instances in which an applicant presents an experience of unusually high

quality, the board, at its complete discretion, may allow an applicant, having acquired six (6)

verified years of active office and field experience in land surveying, which experience has been

under the direct supervision of a professional land surveyor, to be admitted to an examination in

the fundamentals of land surveying. Upon passing those examinations, the applicant is granted a

surveyor-in-training certificate in the state. This subsection does not exempt the applicant from

the required degree or the experience after obtaining the surveyor-in-training certificate (LSIT).

     (v) Experience, and examination. An applicant that who has recorded a minimum of

seven (7) years verified experience and who has also fulfilled the core curriculum (see subsection

(h) of this section) will need a specific record of a minimum of seven (7) years of verified

experience in land surveying. All seven (7) years of experience shall be under the direct

supervision of a registered professional land surveyor, satisfactory to the board, and shall be

broken down as follows: At a minimum, twenty percent (20%) shall be field experience; twenty

percent (20%) shall be research, deed evidence, reconciliation, etc.; and twenty percent (20%)

shall be property line calculations and determination. Once the experience has been deemed

satisfactory to the board, the applicant may be admitted to an examination in the principles and

practice of land surveying plus an additional Rhode Island legal portion. Upon passing that

examination, the applicant is granted a certificate of registration to practice land surveying in this

state, provided the applicant is qualified .

     (ix)(vi) Surveying teaching. Teaching of advanced land surveying subjects in a college or

university offering an approved land surveying curriculum may be considered as land surveying

experience satisfactory to the board.

     (x)(vii) Registration by comity or endorsement. A person holding a current certificate of

registration to engage in the practice of land surveying issued to him or her by a proper authority

of a state, territory, or possession of the United States, or the District of Columbia must have, at

the time they were licensed, met the existing Rhode Island requirements for licensure. All

applicants applying under this section must have passed the written examinations in the

fundamentals of land surveying and the principles and practice of land surveying. If, based upon

verified evidence and the opinion of the board, the applicant meets all appropriate requirements

of this section, the applicant will be allowed to take the Rhode Island legal portion. Upon passing

this examination, the applicant shall be granted a certificate of registration to practice land

surveying in this state, provided the applicant is qualified.

     (f) The passing grade on all examinations offered by the land surveyors is not less than

seventy percent (70%). An applicant failing any examination may apply for re-examination upon

payment of the appropriate fees. An applicant who scores less than fifty percent (50%) on any

examination may not apply for re-examination for at least one year.

     (g) An applicant who fails any of the exams three (3) times shall be interviewed by the

board, before any further application can be acted upon. It is the applicant's responsibility to show

the board that he or she will be successful if allowed to take the exam again. If, in the board's

opinion, the applicant can not cannot satisfactorily demonstrate that he or she is qualified to re-

take the exam, the board may require that the applicant acquire additional knowledge, education,

and/or experience, satisfactory to the board before the applicant may sit for another exam.

     (h) Core curriculum. An applicant with a four-(4) year (4) degree as described in

subsection (e)(ii) of this section, a two-(2) year (2) degree as described in subsection (e)(iv) of

this section, or experience as described in subsection (e)(v) of this section may need to take

additional courses to fulfill, at a minimum, the following core curriculum. For the following list

of classes, any equivalent class may be taken and any survey-related course may be substituted

upon approval of the board:

     (1) Surveying (six (6) credit hours). Surveying I or equivalent, Surveying II or equivalent.

Courses must cover topics of GPS & Geodetic geodetic control and boundary adjustment

computations.

     (2) Mathematics (nine (9) credit hours). Qualifying courses: Algebra, Trigonometry, Pre-

calculus trigonometry, pre-calculus, or higher.

      (3) Business and law (six (6) credit hours). Qualifying courses: boundary law, contract

law, property law, trusts and estates, professional ethics, quantitative business analysis I, business

administration, small business management, micro economics, accounting principles, or related

courses.

     (4) Science (nine (9) credit hours). Qualifying courses: physics, geology, astronomy,

soils, dendrology, chemistry, biology, or ecology.

     (5) Computer Usage usage (three (3) credit hours). Qualifying courses: introduction to

computer, computer science, computer programing, AutoCad basics, AutoCAD advantage,

geographic/land information systems, introduction to spreadsheets, or word processing.

     (6) English composition, English composition II, technical writing, creative writing, or

speech (six (6) credit hours).

5-11-1.1. "Hawkers", "peddlers", and "door-to-door salespersons" defined -- Authority

to issue rules and regulations.

     (a) For purposes of this chapter:

     (1) "Door-to-door salespersons" means persons who deliver goods, wares, or

merchandise to customers for which payment has already been made or is to be made at the time

of delivery;

     (2) "Hawker" means any person selling or offering for sale any goods, wares, or

merchandise, including any food or beverage, on any public street, highway, or public right of

way in the state from a stationary location;

     (3) "Peddler" means any person selling or offering for sale any goods, wares, or

merchandise, including any food or beverage, from a vehicle, cart, or any other conveyance that

is not stationary, subject to � 5-11-1.1 subsection (c); and

     (4) No "hawker" or "peddler" shall sell or offer for sale any single good, ware, or item

having a retail value of more than three hundred dollars ($300). However, this dollar limitation

shall not apply to any non-profit nonprofit corporation duly authorized to do business in Rhode

Island. A non-profit nonprofit corporation means a non-profit nonprofit corporation that has

applied under 26 U.S.C. � 501(c)(3) for approval as a � 501(c)(3) corporation with the Internal

Revenue Service, or has been so approved.

     (b) Persons selling farm or garden produce, including flowers, and persons selling works

of art or crafts of their own making at an art or crafts show or exhibition are not hawkers or

peddlers, provided, that:

     (1) Cumberland. The town of Cumberland has the power to license and regulate persons

selling farm or garden produce, including flowers, and persons selling works of art or crafts of

their own making at an art or crafts show or exhibition;

     (2) West Warwick. The town of West Warwick has the power to license and regulate

persons selling farm or garden produce, including flowers, and persons selling works of art or

crafts of their own making at an art or crafts show or exhibition;

     (3) Bristol. The town of Bristol has the power to license and regulate persons selling farm

or garden produce, including flowers, and persons selling works of art or crafts of their own

making at an art or crafts show or exhibition;

     (4) Warwick. The city of Warwick has the power to license and regulate persons selling

farm or garden produce, including flowers, and persons selling works of art or crafts of their own

making at an art or crafts show or exhibition;

     (5) East Providence. The city of East Providence has the power to license and regulate

persons selling farm or garden produce, including flowers; and

     (6) Woonsocket. The city of Woonsocket has the power to license and regulate peddlers

selling or offering flowers.

     (c) "Mobile food establishments" registered pursuant to chapter 11.1 of title 5 chapter

11.1 of this title, and any regulations promulgated thereunder, are not hawkers or peddlers and

are explicitly exempted from this chapter.

     SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 11.1

STATE MOBILE FOOD ESTABLISHMENT REGISTRATION ACT

5-11.1-1. Short title.

     This chapter shall be known and may be cited as the "State Mobile Food Establishment

Registration Act."

5-11.1-2. Purpose.

     The intent of this chapter is to standardize the registration process for mobile food

establishments in the state by authorizing the department of business regulation to issue state

mobile food establishment registrations. Furthermore, this chapter explicitly exempts the selling

of food or beverages from the provisions of chapter 11 of title 5 chapter 11 of this title which

applies to hawkers and peddlers.

5-11.1-3. Definitions.

     As used in this chapter, the following terms shall have the following meanings:

     (1) "Department" means the department of business regulation.

     (2) "Director" means the director of the department of business regulation.

     (3) "Event permit" means a permit that a city or town issues to the organizer of a public

mobile food establishment event located on public property.

     (4) "Fire safety code" shall have the meaning set forth in chapter 28.1 of title 23 and shall

include any regulations promulgated thereunder.

     (5) "Mobile food establishment" means a food service operation that is operated from a

movable motor-driven or propelled vehicle, portable structure, or watercraft that can change

location. Mobile food establishments specifically includes, but is not limited to, food trucks, food

carts, ice-cream trucks/carts, and lemonade trucks/carts.

     (6) "Mobile food establishment event" means an event where an individual has ordered or

commissioned the operation of one or more mobile food establishments at a private or public

gathering.

     (7) "Mobile food establishment operator" or "operator" means a person or corporate

entity who or that owns, manages, or controls, or who or that has the duty to manage or control,

the operation of a mobile food establishment.

     (8) "Mobile food establishment vendor" or "vendor" means a person who prepares, sells,

cooks, or serves food or beverages from a mobile food establishment.

     (9) "Municipal mobile food establishment permit" means a permit issued by a city or

town to a mobile food establishment operator that possesses a current state mobile food

establishment registration.

     (10) "Registrant" means the holder of a "state mobile food establishment registration."

     (11) "RIDOH" means the Rhode Island department of health.

     (12) "State mobile food establishment registration" or "registration" means a registration

issued by the department which authorizes a mobile food establishment to operate in the state.

     (13) "Temporary mass gathering":

     (i) Means an actual or reasonably anticipated assembly of five hundred (500) or more

people that continues, or reasonably can be expected to continue, for two (2) or more hours per

day; or an event that requires a more extensive review to protect public health and safety because

the event's nature or conditions have the potential of generating environmental or health risks.

     (ii) Includes, but is not limited to, "special events" as defined in the food code regulations

promulgated by RIDOH, and festivals and concerts.

     (iii) Shall not include an assembly of people at a location with permanent facilities

designed for that specific assembly.

5-11.1-4. Practices for which registration is required.

     Beginning on July 1, 2019, it shall be unlawful for any person or entity to operate a

mobile food establishment, in this state without first receiving a registration from the department

and any applicable municipal permit(s) in accordance with this chapter.

5-11.1-5. Registration applications and requirements.

     (a) An application for a state mobile food establishment registration shall be made to the

department on forms adopted by the department and accompanied by the required fee of fifty

dollars ($50.00).

     (b) The application shall, at a minimum, include the following information:

     (1) The name and address of the applicant and, if the applicant is an entity, the name and

address of at least one natural person who is in responsible charge of the operations on behalf of

the applicant;

     (2) Evidence of a current:

     (i) Mobile food service license from RIDOH;

     (ii) Fire safety permit, if applicable;

     (iii) Motor vehicle registration, if applicable;

     (iv) Motor vehicle insurance, if applicable;

     (v) Evidence of financial responsibility that is acceptable to the department; and

     (vi) Permit to make sales at retail from the Rhode Island division of taxation.

     (3) Any other such information as the department shall require.

     (c) If an applicant or registrant operates more than one mobile food establishment, the

applicant or registrant shall submit a separate application for each mobile food establishment and

pay a separate application fee per year for each mobile food establishment registered by the

department.

     (d) The fees for initial registration, renewal, and late renewals shall be determined by the

department and established by regulation.

     (e) The department shall receive applications for initial registration and renewal and

establish administrative procedures for processing applications and issuing and renewing

registrations.

     (f) All application requirements must be maintained and kept current for the duration of

the Registration registration.

     (g) The department may work with the state fire marshal to establish fees for fire safety

permit inspections by regulation.

5-11.1-6. Issuance and renewal of registration.

     (a) A registration issued by the department pursuant to this chapter shall be valid for one

year from the date on which it was issued or for another period of time as determined by the

department.

     (b) Every mobile food establishment operator who or that desires to renew a registration

for the next year shall apply for renewal upon a form furnished by the department, accompanied

by a fee to be set by the department in regulations, and containing information that is required by

the department.

     (c) Renewal of a registration may be subject to the same provisions as the initial

application.

5-11.1-7. Authority to operate a mobile food establishment in any city or town.

     (a) To operate in any city or town, a mobile food establishment operator shall provide

proof of having a state mobile food establishment registration to the city or town that the mobile

food establishment wishes to operate in.

     (b) If a mobile food establishment presents this registration, then a city or town shall not:

     (1) Impose additional qualification requirements on the mobile food establishment

operator before issuing a municipal mobile food establishment permit to operate within the city or

town;

     (2) Charge a fee for a municipal mobile food establishment permit, event permit, or

temporary mass gathering permit greater than the maximum fee set by the department and

established by regulations;

     (3) Issue a permit that expires on a date earlier or later than the day on which the state

mobile food establishment registration expires; or

     (4) Require additional municipal mobile food establishment permits or charge additional

fees beyond the initial municipal mobile food establishment permit and fee for the operation of

that same mobile food establishment in more than one location or on more than one day within

the same city and town in the same calendar year.

     (c) Nothing in this section prevents a city or town from:

     (1) Requiring a mobile food establishment operator or event organizer to obtain an event

permit, provided that the fee is not greater than the maximum set by the department in

regulations;

     (2) Denying, suspending, or revoking a permit that the city or town has issued if the

operation of the registrant within the city or town violates the city's or town's land use regulations,

zoning, or other ordinances in relation to the operation of a mobile food establishment; or

     (3) Requiring a separate temporary mass gathering permit, provided that the fee is not

greater than the maximum set by the department in regulations.

     (d) Cities and towns will retain the authority to restrict the operation of mobile food

establishments in their city or town by ordinance with respect to:

     (1) Number of permits granted;

     (2) Location of operation;

     (3) Hours of operation; and

     (4) Noise.

5-11.1-8. Municipal compliance.

     All cities and towns shall comply with the provisions of this chapter by July 1, 2019.

5-11.1-9. Display of registration and municipal permits.

     (a) State mobile food establishment registrations must be affixed to the mobile food

establishment in a conspicuous place.

     (b) When the mobile food establishment is doing business in a city or town that issues

permits, the permit must also be affixed to the mobile food establishment in a conspicuous place.

5-11.1-10. Mobile food establishment safety standards.

     (a) Mobile food establishments shall comply with RIDOH's statutes, rules, regulations,

and policies relating to food safety.

     (b) Mobile food establishments shall comply with the fire safety code, if applicable.

5-11.1-11. Grounds for denial, suspension or revocation of a state mobile food

establishment registration.

     (a) Upon receipt of a written complaint, the request of RIDOH, or the state fire marshal,

or upon its own initiative, the department may place on probation, suspend, revoke, or refuse to

issue or renew a state mobile food establishment registration or may levy an administrative

penalty or any combination of actions, for any one or more of the following causes:

     (1) Providing incorrect, misleading, incomplete, or materially untrue information in the

registration application;

     (2) Violating any statutes, rules, regulations, ordinances, or policies applicable to the safe

operation of a mobile food establishment, specifically including the fire safety code and those set

forth by the department, RIDOH, and the state fire marshal;

     (3) Obtaining or attempting to obtain a registration through misrepresentation or fraud;

     (4) Having admitted to or been found to have committed any food safety or fire safety

violation;

     (5) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence,

untrustworthiness, or financial irresponsibility in this state or in another place;

     (6) Having a registration, or its equivalent, denied, suspended, or revoked in any other

state, province, district or territory or administrative action under this section;

     (7) Operating a mobile food establishment without a current and valid registration;