Chapter
160
2005 -- S 0454 SUBSTITUTE A
Enacted 07/05/05
A N A C T
RELATING TO BUSINESS AND PROFESSIONS -- HAWKERS AND PEDDLERS
Introduced By: Senators Ciccone, Badeau, Lanzi, Perry, and Connors
Date Introduced: February 10, 2005
It is enacted
by the General Assembly as follows:
SECTION
1. Section 5-11-1.1 of the General Laws in Chapter 5-11 entitled "Hawkers
and
Peddlers" is hereby amended to read as follows:
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; and
(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
which is
not stationary.; 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 corporation duly authorized to do business in Rhode
Island. A
non-profit
corporation means a non-profit corporation which has applied under 42 U.S.C.
Section
501(c)(3)
for approval as a Section 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; and
(5) East Providence. - The city of East Providence has the power to license and
regulate
persons
selling farm or garden produce, including flowers.
SECTION 2. This act shall
take effect upon passage.
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LC01996/SUB A
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