2013 -- S 0307

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LC01052

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSES AND PERMITS

     Introduced By: Senators Raptakis, Walaska, Lombardo, Jabour, and Pichardo

     Date Introduced: February 13, 2013

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 44-19-2 of the General Laws in Chapter 44-19 entitled "Sales and

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Use Taxes - Enforcement and Collection" is hereby amended to read as follows:

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     44-19-2. Issuance of permit -- Assignment prohibited -- Display -- Fee for renewal

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after suspension or revocation. -- Upon receipt of the required application and permit fee, the

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tax administrator shall issue to the applicant a separate permit for each place of business within

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the state. If the applicant, at the time of making the application, owes any tax, penalty, or interest

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imposed under chapters 18 and 19 of this title, then before a permit is issued the applicant shall

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pay the amount owed. A permit is not assignable and is valid only for the person in whose name it

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is issued and for the transaction of business at the place designated in the permit. The permit shall

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at all times be conspicuously displayed at the place for which issued be displayed within the

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premises but need not be posted. The permit shall be exhibited to any deputy sheriff of the

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

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any member of the department of state police or agent of the department who requests proof that

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the establishment has a valid permit. A retailer whose permit has been previously suspended or

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revoked shall pay to the tax administrator a fee of ten dollars ($10.00) for the renewal or issuance

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of a permit.

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     SECTION 2. Section 5-24-2 of the General Laws in Chapter 5-24 entitled "Taverns,

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Cookshops, and Oyster Houses" is hereby amended to read as follows:

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     5-24-2. Terms and duration of licenses. -- Terms and duration of licenses - Display. -

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-Every license issued pursuant to sections 5-24-1 and 5-24-1.1 shall specify the person licensed,

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the business licensed, the hours during which the premises may be opened for business, and the

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building or room in which the business shall be pursued, and shall continue and be in force until

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the first of December, unless revoked sooner for cause. The license shall be displayed within the

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premises but need not be posted. The license shall be exhibited to any deputy sheriff of the

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

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any member of the department of state police or agent of the department who requests proof that

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the establishment has a valid license.

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     SECTION 3. Section 21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation

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in Food Establishments" is hereby amended to read as follows:

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     21-27-10. Registration of food businesses. -- (a) No person shall operate a food business

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as defined in section 21-27-1(8) unless he or she annually registers the business with the state

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director of health; provided, that food businesses conducted by nonprofit organizations, hospitals,

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public institutions, farmers markets, roadside farmstands, or any municipality shall be exempt

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from payment of any required fee.

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      (b) In order to set the registration renewal dates so that all activities for each

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establishment can be combined on one registration instead of on several registrations, the

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registration renewal date shall be set by the department of health. The registration period shall be

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for twelve (12) months commencing on the registration renewal date, and the registration fee

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shall be at the full annual rate regardless of the date of application or the date of issuance of

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registration. If the registration renewal date is changed, the department may make an adjustment

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to the fees of registered establishments, not to exceed the annual registration fee, in order to

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implement the changes in registration renewal date. Registrations issued under this chapter may

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be suspended or revoked for cause. Any registration or license shall be posted in a place

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accessible and prominently visible to an agent of the director displayed within the premises but

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need not be posted. The license shall be exhibited to any agent of the director.

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      (c) Registration with the director of health shall be based upon satisfactory compliance

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with all laws and regulations of the director applicable to the food business for which registration

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is required.

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      (d) The director of health is authorized to adopt regulations necessary for the

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implementation of this chapter.

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      (e) Classification for registration shall be as follows:

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      (1) In state and out of state food processors that sell food in Rhode Island (Wholesale)

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      (2) Food processors (Retail)

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      (3) Food service establishments:

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      (i) 50 seats or less

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      (ii) More than 50 seats

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      (iii) Mobile food service units

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      (iv) Industrial caterer or food vending machine commissary

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      (v) Cultural heritage educational facility

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      (4) Vending machine sites or location:

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      (i) Three (3) or less machines

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      (ii) Four (4) to ten (10) machines

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      (iii) Eleven (11) or more machines

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      (5) Retail markets:

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      (i) 1 to 2 cash registers

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      (ii) 3 to 5 cash registers

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      (iii) 6 or more cash registers

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      (6) Retail food peddler (meat, seafood, dairy, and frozen dessert products)

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      (7) Food warehouses

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      (f) In no instance where an individual food business has more than one activity eligible

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under this chapter for state registration within a single location shall the business be required to

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pay more than a single fee for the one highest classified activity listed in subsection (e) of this

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section; provided, that where several separate but identically classified activities are located

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within the same building and under the management and jurisdiction of one person, one fee shall

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be required. In each of the instances in this subsection, each activity shall be separately registered.

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      (g) Fees for registration of the above classifications shall be as set forth in section 23-1-

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54.

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     SECTION 4. This act shall take effect upon passage.

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LC01052

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSES AND PERMITS

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     This act would eliminate the requirement of the posting of certain licenses and permits.

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     This act would take effect upon passage.

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LC01052

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