Chapter 197
2011 -- H 5021 AS AMENDED
Enacted 07/01/11
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS
Introduced
By: Representatives
Date Introduced: January 11, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 5-11-18 of the General Laws in Chapter
5-11 entitled "Hawkers and
Peddlers" is hereby
amended to read as follows:
5-11-18. Local
licensing -- Fees -- Persons exempt. -- (a) (1) The
board or bureau of
police commissioners in any city or town where a board or
bureau of police commissioners is
established, and if no board or bureau of police commissioners is
established then the town or city
council, is authorized to provide, by ordinance in the case
of any city or town council:
(i)
For the issuing and revocation for just and good cause of licenses to all
hawkers and
peddlers;
(ii) In the same manner
to fix a penalty, not exceeding a fine of two hundred dollars
($200) for any one offense or imprisonment not
exceeding ten (10) days, for selling or offering
for sale any goods, wares, or merchandise, including food
or beverages, as hawkers and peddlers
within that town or city without a license; and
(iii) For charging and
collecting fees for those licenses; provided, that the fee charged by
any board or bureau of police commissioners or city or
town council, for any one license for any
one year, for selling or offering for sale, as a hawker
and peddler, shall not exceed the sum of
fifty dollars ($50.00).
(2) No license is
required of any person selling religious books and publications on
behalf of bible, tract, or other religious or moral
societies for the purpose of promoting religious
or moral improvement, and which are sold for that
purpose and not for pecuniary profit; nor of
any person peddling or selling any articles of wearing
apparel manufactured with his or her own
hands.
(b) The following
provisions as to the issuance and revocation of licenses apply to the
city and town councils specified:
(1)
by ordinance, for the issuing and revocation at pleasure
of licenses to hawkers and peddlers,
pursuant to the provisions of this section, on a weekly basis
and to establish a fee not to exceed
five hundred dollars ($500) per year;
(2)
discretionary issuance and revocation of licenses to hawkers and
peddlers, pursuant to the
provisions of this section on a daily or weekly basis, to
establish reasonable fees for the issuance
and revocation, and to promulgate, by ordinance,
reasonable rules and regulations as to the
placement, duration, location, number, and operation of those
licenses within the town;
(3)
are authorized to provide, by ordinance, for the
discretionary issuance and revocation of licenses
to hawkers and peddlers on all state highways within the
town on July 4 in any year and on a
daily or weekly basis, and to establish reasonable fees for
the issuance and revocation, and to
promulgate, by ordinance, reasonable rules and regulations as to
placement, duration, location,
number, and operation of those licenses within the town;
(4)
ordinance, for the discretionary issuance and revocation of
licenses on a daily, weekly, monthly
or annual basis, to establish reasonable fees for the
issuance and revocation not to exceed five
hundred dollars ($500) per year and to promulgate, by
ordinance, reasonable rules and regulations
as to the placement, duration, location, number, and
operation of these licenses within the town of
(5)
ordinance, for the issuance and revocation of licenses to
hawkers and peddlers and to provide for
the promulgation of reasonable rules and regulations as
to the placement, duration, location,
number and operation of those licenses within the city of
fees for the issuance and revocation that may exceed the
sum prescribed in this section;
(6)
ordinance, for the discretionary issuance and revocation of
licenses to hawkers and peddlers on a
daily, weekly, monthly, or annual basis and to promulgate,
by ordinance, reasonable rules and
regulations as to the placement, duration, location, number, and
operation of those licenses within
the city of
exceed the sum prescribed in this section;
(7) Tiverton. - The
town council of the town of
ordinance, for the discretionary issuance and revocation of
licenses to hawkers and peddlers on a
daily, weekly, monthly or annual basis, to establish
reasonable fees for the issuance and
revocation not to exceed five hundred dollars ($500) per year,
and to promulgate, by ordinance,
reasonable rules and regulations as to the placement, duration,
location, number and operation of
these licenses within the town of
(8)
ordinance, for the discretionary issuance and revocation of
licenses to hawkers and peddlers on a
daily, weekly, monthly, or annual basis and to promulgate,
by ordinance, reasonable rules and
regulations as to the placement, duration, location, number, and
operation of those licenses within
the city of
exceed the sum prescribed in this section;
(9)
prescribe through ordinance reasonable rules and regulations as
to the placement, duration,
location, number and operation of those licenses within the
town of
establish a fee not to exceed five hundred dollars ($500) per
issuance. The town council is also
authorized to establish by ordinance a penalty for violation of
the ordinance not to exceed one
thousand dollars ($1,000) enforced through the and
(10) Burrillville. -
The town council of the town of
by ordinance, for the discretionary issuance and
revocation of licenses to hawkers and peddlers
on a daily, weekly, monthly or annual basis, and to
promulgate, by ordinance, reasonable rules
and regulations as to the placement, duration, location,
number and operation of those licenses
within the town of
that may exceed the sum prescribed in this section. The
town council is also authorized to
establish, by ordinance, a penalty for violation of the
ordinance not to exceed one thousand
dollars ($1,000) enforced through the Burrillville municipal
court.; and
(11)
ordinance for the licensing of any person over the age of
eighteen (18) who sells or attempts to
sell, merchandise at the home or business of a customer
having not been invited to the home or
business by the occupant for purposes of the sale, in the same
manner that hawkers and peddlers
are licensed and the town is further authorized to
provide by ordinance for the licensing of these
sellers as well as hawkers and peddlers on a daily, weekly, monthly,
or annual basis for a fee not
to exceed five hundred dollars ($500) per year.
(c) No license shall be
issued under this section without the hawker or peddler providing
proof that he or she has been issued a permit to make sales
at retail by the division of taxation.
Each applicant shall provide two (2) forms of
identification containing the applicant's address
prior to the issuance of that peddling license. If the
applicant is a resident of a homeless shelter or
other transitional housing program, a letter certifying
this residency from the homeless shelter or
transitional housing program is acceptable in lieu of the two (2) forms
of identification containing
the applicant's address.
SECTION 2. This act shall take effect upon passage.
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LC00163
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