| ||
1 | ARTICLE 6 | |
2 | RELATING TO ECONOMIC DEVELOPEMNT | |
3 | SECTION 1. Sections 5-23-2 and 5-23-6 of the General Laws in Chapter 5-23 entitled | |
4 | “Holiday Business” are hereby amended to read as follows: | |
5 | 5-23-2. Licenses for holiday business. | |
6 | (a) A retail establishment may be open on any day of the year except as specifically | |
7 | prohibited herein. A retail establishment shall not be open on a holiday unless licensed by the | |
8 | appropriate town council pursuant to this section. The city or town council of any city or town shall | |
9 | grant holiday licenses for the sale by retail establishments. No license shall be issued on December | |
10 | 25 of any year or on Thanksgiving Day, except to: | |
11 | (1) Pharmacies licensed under chapter 19.1 of this title; provided, however, that no drug | |
12 | (as defined in § 5-19.1-2) or controlled substance (as defined in § 5-19.1-2) requiring a prescription | |
13 | (as defined in § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as | |
14 | defined in § 5-19.1-2) is available on the premises; | |
15 | (2) Retail establishments that principally sell food products as defined in § 44-18-30(9) and | |
16 | that employ fewer than six (6) employees per shift at any one location; | |
17 | (3) Retail establishments principally engaged in the sale of cut flowers, floral products, | |
18 | plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories; | |
19 | (4) Retail establishments principally engaged in the sale and/or rental of video cassette | |
20 | tapes; and | |
21 | (54) Retail establishments principally engaged in the preparation or sale of bakery | |
22 | products. | |
23 | (b) Retail establishments licensed pursuant to this section may be permitted to open for | |
24 | business during holidays on their normal business working hours. | |
25 | (c) Retail establishments licensed pursuant to this section shall be exempt from the | |
26 | provisions of chapter 1 of title 25, entitled “Holidays and Days of Special Observance,” and those | |
27 | establishments may sell any and all items sold in the ordinary course of business with the exception | |
28 | of alcoholic beverages. | |
29 | (d) All employees engaged in work during Sundays or holidays pursuant to the provisions | |
30 | of this section shall receive from their employer no less than time and a half for the work so | |
31 | performed and shall be guaranteed at least a minimum of four (4) hours employment; except those | |
32 | employees referred to in § 28-12-4.3(a)(4), provided that the work performed by the employee is | |
33 | strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday is not a | |
34 | ground for discrimination, dismissal, or discharge or any other penalty upon the employee. | |
| ||
1 | Provided, however, that the time and one half and voluntary work provisions do not apply to retail | |
2 | establishments engaged principally in the preparation or sale of bakery products and pharmacies. | |
3 | The city or town council may fix and cause to be paid into the city or town treasury for each license | |
4 | issued pursuant to this section a fee not to exceed the sum of one hundred dollars ($100) and may | |
5 | fix the time or times when the license granted terminates; provided, that the city or town council | |
6 | shall not charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane, | |
7 | patriotic, social service, civic, fraternal, police, fire, labor, or religious organization that is not | |
8 | operated for profit. | |
9 | (e) Retail establishments engaged principally in the preparation or sale of bakery products | |
10 | and pharmacies shall be licensed prior to the sale of those products in accordance with this section; | |
11 | provided, that the time and one half and voluntary work provisions do not apply. | |
12 | (f)(c) Each city or town council shall fix, limit, and specify those rules, regulations, and | |
13 | conditions relating to the granting, holding, and exercising those licenses opening of retail | |
14 | establishments on holidays as it deems necessary or advisable and as are not inconsistent with law, | |
15 | and may suspend or revoke any license granted by it for more than two (2) violations of those rules, | |
16 | regulations, and conditions during a calendar year. | |
17 | (g)(d) Each city or town shall grant Class A licenses authorizing retail establishments that | |
18 | sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell on | |
19 | Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3; | |
20 | provided that it shall not permit such sale prior to the hour of twelve noon (12:00 p.m.) or on | |
21 | Christmas day, if Christmas shall occur on a Sunday; provided, further, that no employee shall be | |
22 | required to work and refusal to work on a Sunday shall not be the grounds for discrimination, | |
23 | dismissal, discharge, deduction of hours, or any other penalty. | |
24 | 5-23-6. Enforcement — Penalties. | |
25 | (a) Upon complaint filed with the director of labor and training by any employee or any | |
26 | consumer, or if a minor, by his or her parent or guardian, or by the lawful collective bargaining | |
27 | representative of an employee, that a licensee under this chapter a person, firm, or corporation has | |
28 | violated the terms of § 5-23-2, the director shall cause the complaint to be investigated, and if | |
29 | satisfied that a probable violation has occurred, shall issue a complaint against the licensee person, | |
30 | firm, or corporation with a notice for a hearing. The hearing shall be held before a hearing officer | |
31 | of the department of labor and training. If the director concludes on the basis of the hearing record | |
32 | that a violation has occurred, he or she shall issue a cease and desist order to the licensee person, | |
33 | firm, or corporation, or he or she shall refer the complaint to the attorney general for appropriate | |
34 | action as provided in subsection (c) of this section. The director shall issue regulations in | |
|
| |
1 | conformity with law and preserving the rights of due process of all parties to implement the | |
2 | provisions of this subsection. | |
3 | (b) Every licensed or unlicensed person, firm, or corporation, including its officers and | |
4 | officials, who or that violates any of the provisions of his, her, or its license or the provisions of | |
5 | this chapter, except as set forth in subsection (a) of this section, shall be fined not exceeding five | |
6 | hundred dollars ($500) for the first offense and not exceeding one thousand dollars ($1,000) for | |
7 | each additional offense. | |
8 | (c) Except as otherwise provided in subsections (a) and (b) of this section, suit for violation | |
9 | of the provisions of this chapter, praying for criminal or civil injunctive or other relief, may be | |
10 | instituted in the superior court by any city or town or by the attorney general. | |
11 | (d) The penalty for opening and operating a business on December 25th of any year or on | |
12 | Thanksgiving Day, unless excepted, is, in addition to subsection (b) of this section, a fine not | |
13 | exceeding thirty percent (30%) of the sales or proceeds for that day. | |
14 | SECTION 2. Sections 5-23-3, 5-23-4, and 5-23-5 of the General Laws in Chapter 5-23 | |
15 | entitled “Holiday Business” are hereby repealed. | |
16 | 5-23-3. Works of necessity for which license not required. | |
17 | A license is not required for the sale upon a holiday of gasoline, oil, grease, automotive | |
18 | parts, automotive servicing, or automotive accessories, or for the conducting on that day by any | |
19 | farmers’ cooperative association of a wholesale auction market of fruit, vegetables, and farm | |
20 | products, all of which are declared to be works of necessity. | |
21 | 5-23-4. Terms and conditions of license — Revocation. | |
22 | Any city or town council in each case of granting the license shall fix, limit, and specify in | |
23 | the license the hours of the day during which the licensee or licensees may operate and may make | |
24 | those rules, regulations, and conditions relative to the granting, holding, and exercising those | |
25 | licenses that it deems necessary or advisable and that are not inconsistent with law, and may at any | |
26 | time at its pleasure suspend or revoke the license that it granted. The license shall be displayed in | |
27 | a conspicuous place on the premises licensed. | |
28 | 5-23-5. Place of operation — Delivery carts. | |
29 | The license shall not authorize any sale, rental, or operation at any place not specified in | |
30 | the license. The license is deemed to include permission to deliver by means of or sell from any | |
31 | cart or other vehicle, ice, milk, or newspapers; provided the number of carts or vehicles to be used | |
32 | for that purpose shall be specified in the license and there shall be displayed on each cart or vehicle | |
33 | while in that use any evidence that the city or town council prescribes that it is being used pursuant | |
34 | to that license. | |
|
| |
1 | SECTION 3. Section 5-50-4 of the General Laws in Chapter 5-50 entitled “Health Clubs” | |
2 | is hereby amended to read as follows: | |
3 | 5-50-4. Contract contents — Notice to buyer of right to cancel contract — Right of | |
4 | contract cancellation — Refund. | |
5 | (a) A copy of every health club contract shall be delivered to the buyer at the time the | |
6 | contract is signed. | |
7 | (b)(1) All health club contracts must be in writing signed by the buyer; must designate the | |
8 | date on which the buyer actually signs the contract; and must contain a statement of the buyer’s | |
9 | rights that substantially complies with this section. | |
10 | (2) The statement must appear in the contract under the conspicuous caption “BUYER’S | |
11 | RIGHT TO CANCEL,” and read as follows: | |
12 | (2) “If you wish to cancel this contract, you may cancel in person or by mail to the seller. | |
13 | You must give notice, in writing, that you do not wish to be bound by the contract. This notice must | |
14 | be delivered or mailed before midnight of the tenth (10th) business day after the date of the contract | |
15 | so entered into. All cancellations must be delivered or mailed to: (Insert name and mailing address | |
16 | of health club).” | |
17 | (3) Proof of in-person cancellation shall be effectuated by writing “cancellation” and the | |
18 | date of cancellation across the contract. | |
19 | (4) The buyer shall receive a copy of the contract. | |
20 | (5) The signature of the person employed by the health club who registers the cancellation | |
21 | must also appear on the contract. | |
22 | (c) Every contract for health club services shall provide that the contract may be cancelled | |
23 | before midnight of the tenth (10th) day after the date of the contract so entered into. The notice of | |
24 | the buyer’s cancellation of his or her contract shall be in writing and shall be made in person or by | |
25 | electronic mail to the seller at an electronic mail address that shall be specified in the contract or | |
26 | by mail to the seller at the address specified in the contract. | |
27 | (d) Every contract for health club services shall provide clearly and conspicuously, in | |
28 | writing, that after the expiration of the ten-day (10) period for cancellation as provided in subsection | |
29 | (b)(2): | |
30 | (1) The buyer shall be relieved from any and all obligations under the contract, and shall | |
31 | be entitled to a refund of any prepaid membership under the contract if: | |
32 | (i) A buyer relocates further than fifteen (15) miles from a comparable health club facility | |
33 | operated by the seller; | |
34 | (ii) If a health club facility relocates further than fifteen (15) miles from its current location, | |
|
| |
1 | or the seller does not maintain a health club service within a fifteen (15) mile radius from its current | |
2 | location; or | |
3 | (iii) If the health club services or facilities are not available to the buyer because the seller | |
4 | fails to open a planned health club or location, permanently discontinues operation of the health | |
5 | club or location, or substantially changes the operation; | |
6 | (2) If a buyer becomes significantly physically or medically disabled for a period in excess | |
7 | of three (3) months during the membership term, he or she has the option: | |
8 | (i) To be relieved of liability for payment on that portion of the contract term for which the | |
9 | purchaser is disabled and receive a full refund of any prepaid membership on the contract; or | |
10 | (ii) To extend the duration of the contract at no additional cost for a period equal to the | |
11 | duration of the disability. The health club may require that a doctor’s certificate be submitted as | |
12 | verification of the disability; | |
13 | (3) In the event of the buyer’s death, his or her estate shall be relieved of any further | |
14 | obligation for payment under the contract and shall be entitled to a refund for any prepaid | |
15 | membership for the unused portion of the contract. The health club may require verification of | |
16 | death; | |
17 | (4) In the event of a sale of health club ownership, the contract is voidable at the option of | |
18 | the buyer. | |
19 | (e) A health club contract that does not comply with the provisions of this chapter is | |
20 | voidable at the option of the buyer. | |
21 | (f) Upon cancellation pursuant to this section, the buyer shall be free of any and all | |
22 | obligations under the contract, and any prepaid monies pursuant to this contract shall be refunded | |
23 | within fifteen (15) business days of receipt of the notice of cancellation. The right of cancellation | |
24 | shall not be affected by the terms of the contract and may not be waived or surrendered. | |
25 | (g) Notice of the buyer’s right to cancel and the method of cancellation under this section | |
26 | shall also be posted clearly and conspicuously on the premises of the health club. | |
27 | SECTION 4. Section 5-78-2 of the General Laws in Chapter 5-78 entitled “Dating | |
28 | Services” is hereby amended to read as follows: | |
29 | 5-78-2. Contract requirements. | |
30 | (a) Each contract for social referral services shall provide that such contract may be | |
31 | cancelled at any time up until midnight of the third (3rd) business day after the date of receipt by | |
32 | the buyer of a copy of the written contract, by written notice, delivered by electronic mail to the | |
33 | seller at an electronic mail address that shall be specified in the contract or by certified or registered | |
34 | United States mail to the seller at an address that shall be specified in the contract. | |
|
| |
1 | (b)(1) In every contract for social referral services, the seller shall furnish to the buyer a | |
2 | fully completed copy of the contract at the time of its execution, which shows the date of the | |
3 | transaction and contains the name and address of the seller, and in the immediate proximity to the | |
4 | space reserved in the contract for the signature of the buyer and in not less than ten-point (10) | |
5 | boldface type, a statement in substantially the following form: | |
6 | “You, the buyer, may cancel this contract at any time prior to midnight of the third business | |
7 | day after your receipt of this contract. See the attached notice of cancellation for an explanation of | |
8 | this right.” | |
9 | (2) At the time the buyer signs the social referral services contract, a statement captioned | |
10 | “Notice of Cancellation” shall be contained in the contract and shall contain, in not less than ten- | |
11 | point (10) boldface type, the following information and statements: | |
12 | “Notice of Cancellation” | |
13 | “_________________________________________ (Date of Transaction) | |
14 | You may cancel this contract, without any penalty or obligation, at any time prior to | |
15 | midnight of the third business day after your receipt of this contract by mailing this signed and | |
16 | dated notice of cancellation by certified or registered United States mail to the seller at the following | |
17 | address: _______________________________________________________________________ | |
18 | . If you cancel, any payments made by you under the contract will be returned within ten (10) | |
19 | business days following receipt by the seller of your cancellation notice.” | |
20 | (3) All moneys paid pursuant to any contract for social referral services shall be refunded | |
21 | within ten (10) business days of receipt of the notice of cancellation. | |
22 | (c) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way | |
23 | or manner. | |
24 | SECTION 5. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled | |
25 | “Rebuild Rhode Island Tax Credit Act” is hereby amended to read as follows: | |
26 | 42-64.20-10. Sunset. | |
27 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, | |
28 | 2025December 31, 2026. | |
29 | SECTION 6. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode | |
30 | Island Tax Increment Financing” is hereby amended to read as follows: | |
31 | 42-64.21-9. Sunset. | |
32 | The commerce corporation shall enter into no agreement under this chapter after December | |
|
| |
1 | 31, 2025December 31, 2026. | |
2 | SECTION 7. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax | |
3 | Stabilization Incentive” is hereby amended to read as follows: | |
4 | 42-64.22-15. Sunset. | |
5 | The commerce corporation shall enter into no agreement under this chapter after December | |
6 | 31, 2025December 31, 2026. | |
7 | SECTION 8. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First | |
8 | Wave Closing Fund Act” is hereby amended to read as follows: | |
9 | 42-64.23-8. Sunset. | |
10 | No financing shall be authorized to be reserved pursuant to this chapter after December 31, | |
11 | 2025December 31, 2026. | |
12 | SECTION 9. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195 | |
13 | Redevelopment Project Fund Act” is hereby amended as follows: | |
14 | 42-64.24-8. Sunset. | |
15 | No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant | |
16 | to this chapter after December 31, 2025December 31, 2026. | |
17 | SECTION 10. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled | |
18 | “Small Business Assistance Program Act” is hereby repealed: | |
19 | 42-64.25.14 Sunset. | |
20 | No grants, funding, or incentives shall be authorized pursuant to this chapter after | |
21 | December 31, 2025. | |
22 | SECTION 11. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled | |
23 | “Stay Invested in RI Wavemaker Fellowships” is hereby amended to read as follows: | |
24 | 42-64.26-12. Sunset. | |
25 | No incentives or credits shall be authorized pursuant to this chapter after December 31, | |
26 | 2025December 31, 2026. | |
27 | SECTION 12. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main | |
28 | Street Rhode Island Streetscape Improvement Fund” is hereby amended as follows: | |
29 | 42-64.27-6. Sunset. | |
30 | No incentives shall be authorized pursuant to this chapter after December 31, | |
31 | 2025December 31, 2026. | |
32 | SECTION 13. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled | |
33 | “Innovation Initiative” is hereby amended as follows: | |
34 | 42-64.28-10. Sunset. | |
|
| |
1 | No vouchers, grants, or incentives shall be authorized pursuant to this chapter after | |
2 | December 31, 2025December 31, 2026. | |
3 | SECTION 14. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode | |
4 | Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows: | |
5 | 44-48.3-14. Sunset. | |
6 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, | |
7 | 2025December 31, 2026. | |
8 | SECTION 15. All sections of this article shall take effect upon passage, except Section 1 | |
9 | and Section 2, which shall take effect on January 1, 2026. | |
|
|