It is enacted by the General Assembly as follows:

SECTION 1. Sections 5-11-1 thru 5-11-3, 5-11-5 thru 5-11-10, 5-11-14, and 5-11-16 thru 5-11-18 of the General Laws in Chapter 5-11 entitled "Hawkers and Peddlers" are hereby amended to read as follows:

{DEL 5-11-1. License for sale of watches, jewelry, gold, and silver. -- DEL} {DEL The general treasurer may grant and issue, to any person he may deem suitable, a license for the whole state or for any one of the counties, for offering for sale and for selling, as a hawker and peddler, watches, jewelry, gold, or silverware, or articles manufactured of German silver, upon the payment to the general treasurer for the use of the state of the following sums: five hundred dollars ($500) for a license as aforesaid for the state, one hundred dollars ($100) for the county of Providence and fifty dollars ($50.00) for each of the other counties. DEL}

{ADD 5-11-1.1. "Hawkers", "peddlers", and "door-to-door salesmen" defined -- Authority to issue rules and regulations. -- ADD} For purposes of this chapter, a hawker is any person selling or offering for sale, any goods, wares or merchandise whatsoever including any food or beverage, on any public street, highway, or public right-of-way in the state from a stationary location. For purposes of this chapter, a peddler is any person selling or offering for sale, any goods, wares, or merchandise whatsoever, including any food or beverage, from a vehicle, cart or any other conveyance which is not stationary. For purposes of this chapter, door-to-door salesmen are 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. 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 deemed to be hawkers or peddlers. Provided however that the town of Cumberland shall have 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.

{DEL The general treasurer is hereby authorized to promulgate rules and regulations to implement the provisions of this chapter, including the form of application for licenses required hereunder and the form of the licenses required hereunder. DEL}

{DEL 5-11-2. License for peddling of general merchandise. -- DEL} {DEL The general treasurer may grant and issue a license for offering for sale and for selling, as a hawker and peddler, any other goods, wares and merchandise whatsoever, including food and beverages except as hereinafter provided, for the state or for any one of the counties, upon the payment to the general treasurer, for the use of the state, of the following sums: two hundred dollars ($200) for a license for the state for one (1) year from the date of the license, fifty dollars ($50.00) for the state for three (3) months from the date of the license, thirty dollars ($30.00) for the county of Providence for one (1) year from the date of the license, ten dollars ($10.00) for the county of Providence for three (3) months from the date of the license, fifteen dollars ($15.00) for each of the other counties for one (1) year from the date of the license, provided, however, that no license shall be issued hereunder without said hawker or peddler providing proof that he/she has been issued a permit to make sales at retail by the division of taxation. DEL}

{DEL 5-11-3. License for patented articles. -- DEL} {DEL The general treasurer may grant and issue a license for the whole state, only as a hawker and peddler, for offering for sale and for selling any article which, by reason of the protection afforded by the patents of the United States or otherwise, does not come into competition with the general sale thereof in the towns of the state, upon the payment of one hundred and seventy-five dollars ($175) for the use of the state. The license shall describe the article so patented and be issued for the sale of that only, and no person holding this license shall hold a general hawker's and peddler's license for the sale of any other article. DEL}

{ADD 5-11-5. List of licenses issued. -- ADD} {DEL The general treasurer DEL} {ADD Each town and city ADD} shall, at the time of issuing a license, enter upon a list kept for that purpose the name of the person so licensed, the kind of license and the time of the expiration of the license, and shall also furnish to any person who may request it a statement, copied from that list, of all licenses as may be or may have been in force during any period designated by the person requesting the statement.

{DEL 5-11-6. License personal -- Transfer of license. -- DEL} {DEL Any license shall authorize only the person named therein to sell and offer for sale as aforesaid; provided, that the general treasurer may, for cause shown, authorize the transfer to any one person of any license granted in conformity with the provisions of this chapter. The transfer shall be made at the office of the general treasurer, and there shall be paid to the general treasurer at the time of making the transfer the sum of ten dollars ($10.00), for the use of the state. DEL}

{DEL 5-11-7. Free veteran's license. -- DEL} {DEL The general treasurer may issue, without cost, for a term not exceeding one (1) year continuously, a license, which shall not be transferable, personally to buy and sell junk, to peddle any merchandise, except watches, jewelry, gold, silver, and German silverware, or merchandise forbidden to be sold by section 21-30-1, to any resident of the state who shall have resided therein for two (2) consecutive years, and who has at any time served the United States of America faithfully and honorably in time of war, and who shall present to him satisfactory evidence that he is the person who so served, and produce the certificate of his honorable discharge. DEL}

{DEL 5-11-8. Religious publications. -- DEL} {DEL The provisions of sections 5-11-1 -- 5-11-17, inclusive, shall not apply to any person selling religious books and publications in 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. DEL}

{DEL 5-11-9. Peddling by hand manufacturer of wearing apparel. -- DEL} {DEL Nothing in sections 5-11-1 -- 5-11-17, inclusive, contained shall be so construed as to require anyone to procure a license to enable him to hawk or peddle any article of wearing apparel manufactured with his own hands. DEL}

{DEL 5-11-10. Peddling without license. -- DEL} {DEL Every person, unless licensed as hereinbefore required, who shall, as a hawker and peddler, sell or offer for sale any goods, wares or merchandise whatever, including food and beverages shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). DEL}

{ADD 5-11-11. Sales or offers as separate offenses. -- ADD} * * *

{ADD 5-11-12. Arrest of violators -- Detention of merchandise. -- ADD} * * *

{ADD 5-11-13. Recognizance of prosecuting officer. -- ADD} * * *

{ADD 5-11-14. Complaint of violations -- Forfeiture of property. -- ADD} Whenever complaint shall be made to any justice or clerk of a district court within his district that any person within the district is selling or offering for sale any article contrary to the provisions of section {DEL 5-11-10 DEL} {ADD 5-11-18 ADD} , the justice or clerk shall examine the complainant under oath, reduce his complaint to writing, and cause the complaint to be by him signed. If the complainant shall then enter into a recognizance in such sum, not exceeding fifty dollars ($50.00), with such surety as the justice or clerk shall direct and approve, to prosecute the complaint to final judgment with effect or in default thereof to pay the costs that may accrue thereon, the justice or clerk shall issue a warrant to seize the article or articles so offered for sale, together with all prohibited merchandise then in the immediate possession of the person complained of, with the packs, packages, carriage and horse or other vehicle, upon or in which those articles shall have been transported; and to summon the person to appear before the district court and show cause why all the property shall not be adjudged forfeited; and if, upon trial, it shall appear that the complaint is true, then the property so seized shall be forfeited.

{ADD 5-11-15. Liability for costs on failure to show license. -- ADD} * * *

{DEL 5-11-16. Copies of process to treasurer. -- DEL} {DEL Whenever any writ or warrant shall be served for the recovery of any forfeiture incurred under the provisions of this chapter, the officer charged with the service thereof shall send a copy of that writ or warrant to the general treasurer, in addition to the other service required by law. DEL}

{DEL 5-11-17. Disposition of fines and forfeitures. -- DEL} {DEL The fines and forfeitures recovered by virtue of this chapter shall enure to the state. DEL}

{ADD 5-11-18. Local licensing -- Fees -- Persons exempt. -- ADD} {DEL In addition to the license required under section 5-11-2 of this chapter, the DEL} {ADD 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 be established then the town council of any town or the city council of any city, is hereby authorized to provide, by ordinance in the case of any city council or town council, for the issuing and revocation for just and good cause of licenses to all hawkers and peddlers; and also in like manner to fix a penalty, not exceeding for any one offense a fine of two hundred dollars ($200) or imprisonment not exceeding ten (10) days, for selling or offering for sale any goods, wares or merchandise whatsoever including food or beverages as hawkers and peddlers within that town or city without a license; and also 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); and provided, further, that no license shall be required of any person selling religious books and publications in 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; provided however, that the city council of the city of Woonsocket is hereby authorized to provide, 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, and provided further, that the town councils of the towns of Middletown, East Greenwich and Glocester are hereby authorized to provide, by ordinance, for the 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 therefor, and to promulgate by ordinance reasonable rules and regulations with regard to the placement, duration, location, number and operation of those licenses within the town, and provided further, that the town councils of the towns of Cumberland and Bristol are hereby 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 therefor, and to promulgate by ordinance reasonable rules and regulations with regard to placement, duration, location, number and operation of those licenses within the town and provided further that the town council of the town of Smithfield is hereby authorized to provide, by ordinance, for the discretionary issuance and revocation of licenses on a daily, weekly, monthly or annual basis, to establish reasonable fees therefor not to exceed five hundred dollars ($500) per year and to promulgate by ordinance reasonable rules and regulations with regard to the placement, duration, location, number and operation of these licenses within the town of Smithfield and provided further that the city council of the city of Providence is hereby authorized to provide, by ordinance, for the issuance and revocation of licenses to hawkers and peddlers and to provide for the promulgation of reasonable rules and regulations with regard to the placement, duration, location, number and operation of said licenses within the city of Providence, and to establish reasonable fees therefor that may exceed the sum prescribed in this section and provided further that the city council of the city of Pawtucket is hereby authorized to provide, 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 with regard to the placement, duration, location, number and operation of said licenses within the city of Pawtucket and to establish reasonable fees therefor that may exceed the sum prescribed in this section. Provided further that no license shall be issued hereunder without said hawker or peddler providing proof that he/she has been issued a permit to make sales at retail by the division of taxation.

SECTION 2. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions are declared to be severable. ADD}

SECTION 3.. This act shall take effect upon passage.