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     ARTICLE 6

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RELATING TO ECONOMIC DEVELOPEMNT

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     SECTION 1. Sections 5-23-2 and 5-23-6 of the General Laws in Chapter 5-23 entitled

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“Holiday Business” are hereby amended to read as follows:

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     5-23-2. Licenses for holiday business.

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     (a) A retail establishment may be open on any day of the year except as specifically

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prohibited herein. A retail establishment shall not be open on a holiday unless licensed by the

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appropriate town council pursuant to this section. The city or town council of any city or town shall

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grant holiday licenses for the sale by retail establishments. No license shall be issued on December

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25 of any year or on Thanksgiving Day, except to:

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     (1) Pharmacies licensed under chapter 19.1 of this title; provided, however, that no drug

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(as defined in § 5-19.1-2) or controlled substance (as defined in § 5-19.1-2) requiring a prescription

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(as defined in § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as

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defined in § 5-19.1-2) is available on the premises;

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     (2) Retail establishments that principally sell food products as defined in § 44-18-30(9) and

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that employ fewer than six (6) employees per shift at any one location;

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     (3) Retail establishments principally engaged in the sale of cut flowers, floral products,

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plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories;

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     (4) Retail establishments principally engaged in the sale and/or rental of video cassette

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tapes; and

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     (54) Retail establishments principally engaged in the preparation or sale of bakery

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products.

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     (b) Retail establishments licensed pursuant to this section may be permitted to open for

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business during holidays on their normal business working hours.

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     (c) Retail establishments licensed pursuant to this section shall be exempt from the

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provisions of chapter 1 of title 25, entitled “Holidays and Days of Special Observance,” and those

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establishments may sell any and all items sold in the ordinary course of business with the exception

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of alcoholic beverages.

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     (d) All employees engaged in work during Sundays or holidays pursuant to the provisions

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of this section shall receive from their employer no less than time and a half for the work so

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performed and shall be guaranteed at least a minimum of four (4) hours employment; except those

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employees referred to in § 28-12-4.3(a)(4), provided that the work performed by the employee is

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strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday is not a

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ground for discrimination, dismissal, or discharge or any other penalty upon the employee.

 

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Provided, however, that the time and one half and voluntary work provisions do not apply to retail

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establishments engaged principally in the preparation or sale of bakery products and pharmacies.

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The city or town council may fix and cause to be paid into the city or town treasury for each license

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issued pursuant to this section a fee not to exceed the sum of one hundred dollars ($100) and may

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fix the time or times when the license granted terminates; provided, that the city or town council

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shall not charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane,

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patriotic, social service, civic, fraternal, police, fire, labor, or religious organization that is not

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operated for profit.

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     (e) Retail establishments engaged principally in the preparation or sale of bakery products

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and pharmacies shall be licensed prior to the sale of those products in accordance with this section;

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provided, that the time and one half and voluntary work provisions do not apply.

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     (f)(c)  Each city or town council shall fix, limit, and specify those rules, regulations, and

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conditions relating to the granting, holding, and exercising those licenses opening of retail

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establishments on holidays as it deems necessary or advisable and as are not inconsistent with law,

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and may suspend or revoke any license granted by it for more than two (2) violations of those rules,

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regulations, and conditions during a calendar year.

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     (g)(d) Each city or town shall grant Class A licenses authorizing retail establishments that

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sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell on

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Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3;

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provided that it shall not permit such sale prior to the hour of twelve noon (12:00 p.m.) or on

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Christmas day, if Christmas shall occur on a Sunday; provided, further, that no employee shall be

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required to work and refusal to work on a Sunday shall not be the grounds for discrimination,

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dismissal, discharge, deduction of hours, or any other penalty.

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     5-23-6. Enforcement — Penalties.

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     (a) Upon complaint filed with the director of labor and training by any employee or any

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consumer, or if a minor, by his or her parent or guardian, or by the lawful collective bargaining

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representative of an employee, that a licensee under this chapter a person, firm, or corporation has

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violated the terms of § 5-23-2, the director shall cause the complaint to be investigated, and if

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satisfied that a probable violation has occurred, shall issue a complaint against the licensee person,

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firm, or corporation with a notice for a hearing. The hearing shall be held before a hearing officer

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of the department of labor and training. If the director concludes on the basis of the hearing record

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that a violation has occurred, he or she shall issue a cease and desist order to the licensee person,

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firm, or corporation, or he or she shall refer the complaint to the attorney general for appropriate

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action as provided in subsection (c) of this section. The director shall issue regulations in

 

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conformity with law and preserving the rights of due process of all parties to implement the

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provisions of this subsection.

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     (b) Every licensed or unlicensed person, firm, or corporation, including its officers and

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officials, who or that violates any of the provisions of his, her, or its license or the provisions of

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this chapter, except as set forth in subsection (a) of this section, shall be fined not exceeding five

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hundred dollars ($500) for the first offense and not exceeding one thousand dollars ($1,000) for

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each additional offense.

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     (c) Except as otherwise provided in subsections (a) and (b) of this section, suit for violation

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of the provisions of this chapter, praying for criminal or civil injunctive or other relief, may be

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instituted in the superior court by any city or town or by the attorney general.

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     (d) The penalty for opening and operating a business on December 25th of any year or on

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Thanksgiving Day, unless excepted, is, in addition to subsection (b) of this section, a fine not

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exceeding thirty percent (30%) of the sales or proceeds for that day.

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     SECTION 2. Sections 5-23-3, 5-23-4, and 5-23-5 of the General Laws in Chapter 5-23

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entitled “Holiday Business” are hereby repealed.

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     5-23-3. Works of necessity for which license not required.

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     A license is not required for the sale upon a holiday of gasoline, oil, grease, automotive

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parts, automotive servicing, or automotive accessories, or for the conducting on that day by any

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farmers’ cooperative association of a wholesale auction market of fruit, vegetables, and farm

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products, all of which are declared to be works of necessity.

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     5-23-4. Terms and conditions of license — Revocation.

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     Any city or town council in each case of granting the license shall fix, limit, and specify in

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the license the hours of the day during which the licensee or licensees may operate and may make

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those rules, regulations, and conditions relative to the granting, holding, and exercising those

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licenses that it deems necessary or advisable and that are not inconsistent with law, and may at any

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time at its pleasure suspend or revoke the license that it granted. The license shall be displayed in

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a conspicuous place on the premises licensed.

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     5-23-5. Place of operation — Delivery carts.

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     The license shall not authorize any sale, rental, or operation at any place not specified in

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the license. The license is deemed to include permission to deliver by means of or sell from any

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cart or other vehicle, ice, milk, or newspapers; provided the number of carts or vehicles to be used

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for that purpose shall be specified in the license and there shall be displayed on each cart or vehicle

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while in that use any evidence that the city or town council prescribes that it is being used pursuant

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to that license.

 

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     SECTION 3. Section 5-50-4 of the General Laws in Chapter 5-50 entitled “Health Clubs”

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is hereby amended to read as follows:

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     5-50-4. Contract contents — Notice to buyer of right to cancel contract — Right of

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contract cancellation — Refund.

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     (a) A copy of every health club contract shall be delivered to the buyer at the time the

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contract is signed.

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     (b)(1) All health club contracts must be in writing signed by the buyer; must designate the

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date on which the buyer actually signs the contract; and must contain a statement of the buyer’s

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rights that substantially complies with this section.

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     (2) The statement must appear in the contract under the conspicuous caption “BUYER’S

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RIGHT TO CANCEL,” and read as follows:

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     (2) “If you wish to cancel this contract, you may cancel in person or by mail to the seller.

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You must give notice, in writing, that you do not wish to be bound by the contract. This notice must

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be delivered or mailed before midnight of the tenth (10th) business day after the date of the contract

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so entered into. All cancellations must be delivered or mailed to: (Insert name and mailing address

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of health club).”

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     (3) Proof of in-person cancellation shall be effectuated by writing “cancellation” and the

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date of cancellation across the contract.

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     (4) The buyer shall receive a copy of the contract.

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     (5) The signature of the person employed by the health club who registers the cancellation

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must also appear on the contract.

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     (c) Every contract for health club services shall provide that the contract may be cancelled

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before midnight of the tenth (10th) day after the date of the contract so entered into. The notice of

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the buyer’s cancellation of his or her contract shall be in writing and shall be made in person or by

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electronic mail to the seller at an electronic mail address that shall be specified in the contract or

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by mail to the seller at the address specified in the contract.

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     (d) Every contract for health club services shall provide clearly and conspicuously, in

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writing, that after the expiration of the ten-day (10) period for cancellation as provided in subsection

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(b)(2):

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     (1) The buyer shall be relieved from any and all obligations under the contract, and shall

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be entitled to a refund of any prepaid membership under the contract if:

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     (i) A buyer relocates further than fifteen (15) miles from a comparable health club facility

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operated by the seller;

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     (ii) If a health club facility relocates further than fifteen (15) miles from its current location,

 

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or the seller does not maintain a health club service within a fifteen (15) mile radius from its current

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location; or

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     (iii) If the health club services or facilities are not available to the buyer because the seller

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fails to open a planned health club or location, permanently discontinues operation of the health

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club or location, or substantially changes the operation;

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     (2) If a buyer becomes significantly physically or medically disabled for a period in excess

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of three (3) months during the membership term, he or she has the option:

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     (i) To be relieved of liability for payment on that portion of the contract term for which the

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purchaser is disabled and receive a full refund of any prepaid membership on the contract; or

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     (ii) To extend the duration of the contract at no additional cost for a period equal to the

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duration of the disability. The health club may require that a doctor’s certificate be submitted as

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verification of the disability;

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     (3) In the event of the buyer’s death, his or her estate shall be relieved of any further

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obligation for payment under the contract and shall be entitled to a refund for any prepaid

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membership for the unused portion of the contract. The health club may require verification of

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death;

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     (4) In the event of a sale of health club ownership, the contract is voidable at the option of

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the buyer.

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     (e) A health club contract that does not comply with the provisions of this chapter is

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voidable at the option of the buyer.

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     (f) Upon cancellation pursuant to this section, the buyer shall be free of any and all

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obligations under the contract, and any prepaid monies pursuant to this contract shall be refunded

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within fifteen (15) business days of receipt of the notice of cancellation. The right of cancellation

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shall not be affected by the terms of the contract and may not be waived or surrendered.

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     (g) Notice of the buyer’s right to cancel and the method of cancellation under this section

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shall also be posted clearly and conspicuously on the premises of the health club.

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     SECTION 4. Section 5-78-2 of the General Laws in Chapter 5-78 entitled “Dating

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Services” is hereby amended to read as follows:

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     5-78-2. Contract requirements.

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     (a) Each contract for social referral services shall provide that such contract may be

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cancelled at any time up until midnight of the third (3rd) business day after the date of receipt by

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the buyer of a copy of the written contract, by written notice, delivered by electronic mail to the

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seller at an electronic mail address that shall be specified in the contract or by certified or registered

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United States mail to the seller at an address that shall be specified in the contract.

 

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     (b)(1) In every contract for social referral services, the seller shall furnish to the buyer a

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fully completed copy of the contract at the time of its execution, which shows the date of the

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transaction and contains the name and address of the seller, and in the immediate proximity to the

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space reserved in the contract for the signature of the buyer and in not less than ten-point (10)

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boldface type, a statement in substantially the following form:

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     “You, the buyer, may cancel this contract at any time prior to midnight of the third business

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day after your receipt of this contract. See the attached notice of cancellation for an explanation of

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this right.”

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     (2) At the time the buyer signs the social referral services contract, a statement captioned

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“Notice of Cancellation” shall be contained in the contract and shall contain, in not less than ten-

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point (10) boldface type, the following information and statements:

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“Notice of Cancellation”

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“_________________________________________ (Date of Transaction)

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     You may cancel this contract, without any penalty or obligation, at any time prior to

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midnight of the third business day after your receipt of this contract by mailing this signed and

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dated notice of cancellation by certified or registered United States mail to the seller at the following

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address: _______________________________________________________________________

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. If you cancel, any payments made by you under the contract will be returned within ten (10)

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business days following receipt by the seller of your cancellation notice.”

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     (3) All moneys paid pursuant to any contract for social referral services shall be refunded

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within ten (10) business days of receipt of the notice of cancellation.

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     (c) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way

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or manner.

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     SECTION 5. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled

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“Rebuild Rhode Island Tax Credit Act” is hereby amended to read as follows:

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     42-64.20-10. Sunset.

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     No credits shall be authorized to be reserved pursuant to this chapter after December 31,

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2025December 31, 2026.

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     SECTION 6. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode

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Island Tax Increment Financing” is hereby amended to read as follows:

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     42-64.21-9. Sunset.

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     The commerce corporation shall enter into no agreement under this chapter after December

 

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31, 2025December 31, 2026.

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     SECTION 7. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax

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Stabilization Incentive” is hereby amended to read as follows:

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     42-64.22-15. Sunset.

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     The commerce corporation shall enter into no agreement under this chapter after December

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31, 2025December 31, 2026.

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     SECTION 8. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First

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Wave Closing Fund Act” is hereby amended to read as follows:

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     42-64.23-8. Sunset.

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     No financing shall be authorized to be reserved pursuant to this chapter after December 31,

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2025December 31, 2026.

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     SECTION 9. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195

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Redevelopment Project Fund Act” is hereby amended as follows:

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     42-64.24-8. Sunset.

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     No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant

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to this chapter after December 31, 2025December 31, 2026.

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     SECTION 10. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled

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“Small Business Assistance Program Act” is hereby repealed:

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     42-64.25.14 Sunset.

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     No grants, funding, or incentives shall be authorized pursuant to this chapter after

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December 31, 2025.

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     SECTION 11. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled

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“Stay Invested in RI Wavemaker Fellowships” is hereby amended to read as follows:

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     42-64.26-12. Sunset.

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     No incentives or credits shall be authorized pursuant to this chapter after December 31,

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2025December 31, 2026.

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     SECTION 12. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main

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Street Rhode Island Streetscape Improvement Fund” is hereby amended as follows:

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     42-64.27-6. Sunset.

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     No incentives shall be authorized pursuant to this chapter after December 31,

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2025December 31, 2026.

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     SECTION 13. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled

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“Innovation Initiative” is hereby amended as follows:

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     42-64.28-10. Sunset.

 

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     No vouchers, grants, or incentives shall be authorized pursuant to this chapter after

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December 31, 2025December 31, 2026.

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     SECTION 14. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode

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Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows:

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     44-48.3-14. Sunset.

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     No credits shall be authorized to be reserved pursuant to this chapter after December 31,

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2025December 31, 2026.

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     SECTION 15. All sections of this article shall take effect upon passage, except Section 1

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and Section 2, which shall take effect on January 1, 2026.

 

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