It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" is hereby amended by adding thereto the following chapter:

{ADD 5-38.4-1. Local licensing -- Fees -- Penalties. -- ADD} {ADD The council of the city of Cranston is hereby authorized to provide by ordinance for the issuing and revocation in its discretion of licenses to all motor vehicle repair businesses within the city of Cranston, subject to the below listed conditions and restrictions and for terms not exceeding one (1) year as may be the like manner prescribed, and also for charging and collecting fees for those licenses, provided that the fees so in the like manner prescribed shall not exceed the sum of one hundred dollars ($100) for any qualified licensee; and also to fix a penalty for doing motor vehicle repairs without a license or in violation of any ordinance or regulation made as herein authorized, not exceeding for any one (1) offense a fine of five hundred dollars ($500) or imprisonment not exceeding six (6) months. ADD}

{ADD 5-38.4-2. Hearings and objections by neighboring landowners. -- ADD} {ADD (a) The city council of the city of Cranston before granting a license under this chapter to operate a motor vehicle repair business, hereinafter defined, in any location not lawfully occupied for such purpose at the time of the application for such license, shall hold a public hearing, notice of which shall be given by advertisement published once a week for at least two (2) weeks prior to the hearing in the manner provided by law. The advertisement shall be published in a newspaper of general circulation in the city of Cranston, provided, however, that before the local licensing authority shall publish notice of a hearing it shall collect from the applicant for the license a fee of ten dollars ($10.00), plus the cost of posting and publishing the notice. The notice shall state that remonstrants are entitled to be heard and shall name the date, time, and place of the hearing. ADD}

{ADD (b) The local licensing authority, before granting a license under this ordinance shall have caused notice of said application to be given, by mail, to all owners of property whose property in whole or in part shall fall within two hundred (200) feet of the property line of the place of business seeking the application. The manner and method of notification of property owners shall be done in accordance with rules and regulations adopted by the local licensing authority. ADD}

{ADD 5-38.4-3. "Motor vehicle repair business" defined. -- ADD} --{ADD As used in this chapter, "motor vehicle repair business" means any place, establishment, garage, outdoor work area, or work area enclosed within a building where repairs are made or caused to be made to motor vehicles, including engines, carburetors, brakes, transmissions, muffler systems, electrical systems, and general running gear of motor vehicles including autobody repairs; and including any used automobile dealership, but excluding any new automobile dealership. ADD}

{ADD 5-38.4-4. Conditions to licensing of motor vehicle repair business. -- ADD} {ADD No license shall be granted for a motor vehicle repair business license under section 5-38.4-1 unless: ADD}

{ADD (1) It is located within a lawfully authorized zoning district within the city of Cranston; ADD}

{ADD (2) It is to be operated and maintained entirely within a building; and ADD}

{ADD (3) The licensed business is being operated, or will operate in a lawful manner, and in conformity with all applicable federal, state, and municipal laws, statutes, ordinances, and regulations. ADD}

{ADD 5-38.4-5. Enforcement of section 5-38.4-4. -- ADD} {ADD (a) Notwithstanding any other provision of this chapter, the penalties provided for in section 5-38.4-1 of this chapter shall be imposed whenever anyone is found to be in violation of section 5-38.4-4 of this chapter. ADD}

{ADD (b) It shall be the duty of the state police and the police of the city of Cranston to enforce this section. ADD}

{ADD 5-38.4-6. Existing motor vehicle repair businesses. -- ADD} {ADD The provisions of subdivisions (1) and (2) of section 5-38.4-4 shall not apply to any person, partnership, corporation, or establishments presently in existence, but shall apply to all motor vehicle repair businesses established after the effective date of this act. ADD}

{ADD 5-38.4-7. Severability. -- ADD} {ADD If any clause, sentence, paragraph, or part of this chapter or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances. ADD}

SECTION 2. This act shall take effect upon passage.