Chapter 19 - HAWKERS, PEDDLERS, ITINERANT VENDORS AND MOBILE FOOD

Footnotes:

--- (1) --- Editor's note— Ord. No. 2020-01, adopted Feb. 19, 2020, changed the title of Chapter 19 from "Peddlers, Hawkers and Itinerant Vendors" to "Hawkers, Peddlers, Itinerant Vendors and Mobile Food."

Cross reference— Solicitation, ch. 23; streets, sidewalks and other public places, ch. 25.

State Law reference— Hawkers and peddlers, G.L. 1956, § 5-11-1 et seq.; authority of town to license peddlers and hawkers, G.L. 1956, § 5-11-18.

ARTICLE I. - IN GENERAL#

Sec. 19-1. - Persons exempt from chapter provisions.#

Nothing contained in this chapter shall apply to milkmen, nor to vendors of ice or newspapers.

(Code 1972, § 14-6)

Sec. 19-2. - Prohibited areas and rules governing peddlers, hawkers, itinerant vendors, and mobile food establishments.#

In addition to the general ordinances and laws, all peddlers, hawkers, itinerant vendors, and mobile food establishments must not vend on school property or within school zones as established by the school department; must not vend on all town recreational areas, the town common and all town parks; must not vend in the downtown area, which encompasses the area surrounded by Church Street, Franklin Street, Thames Street and Hope Street; must not impede the free flow of pedestrian or vehicular traffic. Notwithstanding anything herein to the contrary, the town council may by special exception, upon issuance of the license or subsequent request to the town council, permit vending in certain areas of the town including public areas for specific occasions.

The chief of police shall, from time to time, submit to the council additional streets and public ways throughout the town which, in his opinion, because of excess traffic and congestion, are unsafe for the public welfare and safety for the selling or offering for sale of merchandise by peddlers, hawkers, itinerant vendors, or mobile food establishments.

(Code 1972, § 14-8; Ord. No. 2009-15, 11-11-09; Ord. No. 2012-04, 7-18-12; Ord. No. 2023-20, 11-1-23)

Sec. 19-3. - Display of license required.#

Any person who shall neglect or refuse, on demand by any police officer or any other person, to exhibit to such officer his license, shall be deemed, for the purpose of this chapter, to be unlicensed and to have violated the provisions of this chapter.

(Code 1972, § 14-5)

Sec. 19-4. - Sale of certain products prohibited; penalties for violation of section.#

The sale in the town of "silly string," "snappers," and all other similar products by vendors licensed by the town is prohibited. A vendor that sells and/or dispenses such products shall have such items confiscated and be subject to a fine of $500.00 for each offense.

(Code 1972, § 14-8.1)

Sec. 19-5. - License forfeiture for violation of town ordinances or state law.#

Any licensee found violating any ordinance of the town or law of the state, in addition to other remedies or fines, is subject to forfeiture of the license.

(Code 1972, § 14-9)

Sec. 19-6. - Peddling similar goods near established businesses prohibited.#

No peddler, solicitor, industrial caterer or itinerant tradesman of any kind shall sell or attempt to sell his or her products within 300 feet of any business establishment in the town which sells the same products.

(Ord. No. 2012-04, 7-18-12)

Sec. 19-7. - Sales prohibited during certain hours in certain areas.#

No person shall peddle, solicit or canvass on any highway in the town, except between the hours of 9:00 a.m. to 8:00 p.m. in residential areas and between the hours of 9:00 a.m. to 12:00 midnight in business areas, as such areas are shown on the zoning map of the town on file in the town clerk's office.

(Ord. No. 2012-04, 7-18-12)

Secs. 19-8—19-35. - Reserved.#

ARTICLE II. - LICENSE#

Sec. 19-36. - Required.#

No person shall hawk, peddle, sell or offer for sale on any street, square or alley within the town any goods, wares, merchandise or other articles and substances, from vehicles or on foot, without first obtaining a license authorizing such person to sell such goods, wares, merchandise or other articles and substances on the streets, lanes, squares or alleys in the town, in accordance with the provisions of this chapter and in accordance with G.L. 1956, § 5-11-1 et seq.

(Code 1972, § 14-1)

Sec. 19-37. - Application; issuance.#

(a)

All hawkers and peddlers and all persons selling or offering for sale any goods, wares, merchandise and other articles and substances on any street, square or alley of the town shall make application for a license to the town council, even if such person holds a state license under the provisions of G.L. 1956, § 5-11-1 et seq.

(b)

Upon approval of such application by the town council, the town clerk shall issue a license accordingly to such person to sell such articles and substances in such manner as shall be specified in such license upon any street, square or alley in the town.

(Code 1972, § 14-2)

Sec. 19-38. - Fees; exemption from fees; expiration of licenses.#

(a)

Every person to whom a license is issued under this chapter by the town council, before receiving the license, shall pay to the town clerk the fee set out in section 11-1, for any one license for any one year.

(b)

No license fee shall be charged to any person selling religious books and publications on behalf of Bible, tract or other religious or moral improvement (organization) and which are sold for that purpose and not for any pecuniary profit; nor to any person selling or offering to sell or peddle any articles of household manufacture or articles manufactured with the licensee's own hands, nor to any person who shall receive a license from the general treasurer of the state in accordance with the provisions of G.L. 1956, § 5-11-1 et seq.

(c)

All annual licenses shall expire at midnight on the day proceeding the official date of the town's annual Independence Day parade as set by the Bristol Fourth of July Committee. All annual license fees shall be prorated in the following manner: licenses issued the day after the annual Independence Day parade through January 3 shall pay the full annual license fee, and licenses issued between January 4 through the day before the annual Independence Day parade shall pay one-half the annual fee. Annual licenses shall not include (1) the day of the Christmas parade as set by the Christmas Festival Committee, and (2) the day of the Labor Day programs.

(d)

Daily and weekly licenses shall be allowed from time to time as authorized by the town council.

(Code 1972, § 14-3; Ord. No. 2000-09, 4-19-00)

Sec. 19-39. - Transferability.#

No license issued under this chapter shall authorize any person, other than the one named therein, to act thereunder, and no license shall be transferable.

(Code 1972, § 14-4)

Sec. 19-40. - Limitations.#

Depending upon vehicular traffic situations anticipated and in order to safeguard the general health and safety of the public, the town council may limit the number of peddlers' licenses granted, which limit must be established by June 3 of each year.

(Code 1972, § 14-7)

Secs. 19-41—19-70. - Reserved.#

ARTICLE III. - ITINERANT VENDORS#

DIVISION 1. - GENERALLY#

Sec. 19-71. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Itinerant vendor means and includes all persons, both principals and agents, who engage in a temporary or transient business in this town, either in one locality or in traveling from place to place selling cut flowers, potted plants and nursery stock including Christmas trees, and who for the purpose of carrying on such business, has leased or occupied any building or structure or part of any building or structure for the exhibition and sale of such goods, wares and merchandise.

(Ord. No. 1996-07, § 1, 4-24-96)

Cross reference— Definitions generally, § 1-2.

Sec. 19-72. - Application of article provisions.#

The provisions of this article shall not apply to sales of items other than cut flowers, potted plants or nursery stock including Christmas trees, or sales made to dealers by commercial travelers or selling agents in the usual course of business, or to bona fide sales of goods, wares and merchandise by sample for future delivery or to hawkers on the streets, or to peddlers from vehicles, or to sheriffs, constables or public officers of the state selling goods, wares and merchandise according to law, or to bona fide assignees for the benefit of creditors, or receivers appointed in this state selling goods, wares and merchandise in this town; provided, however, that the situs of such goods, wares and merchandise, was in this town prior to such assignment or the appointment of such receiver.

(Ord. No. 1996-07, § 2, 4-24-96)

Sec. 19-73. - Prohibited sales.#

No itinerant vendor shall advertise, represent or hold forth any sale as an insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver, wholesale or manufacturer's or closing out sale, or as a sale of any goods damaged by smoke, fire, water or otherwise, or in any similar form, unless he shall before so doing, state under oath to the town clerk all the facts relating to the reasons and character of such special sale so advertised or represented, including a statement of the names of the persons from whom the goods, wares and merchandise were obtained, the date of delivery to the person applying for the license, and the place from which such goods, wares and merchandise were taken, and all details necessary to exactly locate and fully identify all goods, wares and merchandise to be sold.

(Ord. No. 1996-07, § 8, 4-24-96)

Secs. 19-74—19-95. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 19-96. - Penalty for selling without.#

Every itinerant vendor who shall sell or expose for sale, at public auction or private sale, any goods, wares and merchandise without a town license therefor, issued as provided in this article, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $100.00, nor more than $250.00.

(Ord. No. 1996-07, § 3, 4-24-96; Ord. No. 2017-13, 10-4-17)

Sec. 19-97. - Penalty for advertising sale without.#

All persons, both principals and agents, who shall by circular, handbill, newspaper or in any other manner, advertise any sale before proper license shall be issued to the vendor, shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 19-96.

(Ord. No. 1996-07, § 4, 4-24-96)

Sec. 19-98. - Duty to obtain.#

It shall be the duty of every itinerant vendor, whether principal or agent, before commencing business, to take out a license in the manner set forth in this division.

(Ord. No. 1996-07, § 5, 4-24-96)

Sec. 19-99. - Application; granting; fees; information required.#

(a)

Every itinerant vendor desiring to do business in this town shall upon application in proper form and upon such application being approved by the chief of police, be granted by the town clerk an itinerant vendor's license authorizing such vendor to do business in this town in conformity with the provisions of this article, on the payment of a license fee in the amount of $350.00.

(b)

Every license shall set forth the name of the licensee and the authority and term which shall not exceed three months granted. The license shall not be transferable nor give authority to more than one person to sell goods as an itinerant vendor either by agent or clerk, or in any other way than in his own proper person; but any licensee may have the assistance of one or more persons in conducting his business, who shall have authority to aid their principal but not to act for or without him.

(c)

All applications for licenses shall be sworn to, shall disclose the names and residences of the owners or parties in whose interest the business is conducted, and shall be kept on file by the town clerk; and a record shall be kept of all licenses issued upon such applications. All files and records of the town clerk shall be in convenient form and open for public inspection.

(d)

Any license granted under the provisions of this article may be canceled at any time by the town council, if any false statements shall have been made in the application upon which such license was granted.

(Ord. No. 1996-07, § 6, 4-24-96)

Sec. 19-100. - Display.#

Any police officer shall have duty and power to demand the production of the proper license from any itinerant vendor advertising or actually engaged in business, and any failure to produce such license shall be prima facie evidence against such vendor that he has none.

(Ord. No. 1996-07, § 7, 4-24-96)

Secs. 19-101—19-118. - Reserved.#

ARTICLE IV. - MOBILE FOOD ESTABLISHMENTS#

Sec. 19-119. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, or where the definition is inconsistent with Title 5, Chapter 11.1 of the Rhode Island General Laws:

Downtown shall be defined as the area bounded by a line starting at Bristol Harbor and the extension of Washington Street, then extending easterly to the eastern edge of Wood Street, then extending southerly along the eastern edge of Wood Street to southerly most point of the intersection of Wood Street and Hope Street, then extending westerly to Bristol Harbor, and then extending northerly, bounded to west by Bristol Harbor, to the point of origin.

Event permit, as defined by R.I.G.L. § 5-11.1-3(3), means a permit that a city or town issues to the organizer of a public mobile food establishment event located on public property.

Itinerant mobile food establishment means a mobile food establishment that temporarily stops to make sales, for no longer than ten minutes in a single location. This term includes, but is not limited to, ice cream/lemonade trucks and carts.

Mobile food establishment or MFE, as defined by R.I.G.L. § 5-11.1-3(8) means a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. Mobile food establishments specifically include, but are not limited to, food trucks and food carts.

Mobile food establishment event, as defined by R.I.G.L. § 5-11.1-3(6), means an event where an individual has ordered or commissioned the operation of one or more mobile food establishments at a private or public gathering.

Private event means an event that is not open to the general public.

Private property means property that is not publicly owned.

Public event means an event that is open to the general public, whether or not consideration is paid/donated for admittance.

Public property means property that is owned by the Town, including public streets, whether owned by the town or the state.

Temporary mass gathering, as defined by R.I.G.L. § 5-11.1-3(13), means (i) an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. (ii) Includes, but is not limited to, "special events" as defined in the food code regulations promulgated by RIDOH, and festivals and concerts. (iii) Shall not include an assembly of people at a location with permanent facilities designed for that specific assembly.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-120. - Municipal MFE permit required.#

No mobile food establishment registered with the Rhode Island Department of Business Regulation pursuant to R.I.G.L. Title 5, Chapter 11.1, as amended, and any regulations promulgated thereunder, shall operate in the town without first having obtained a municipal mobile food establishment permit from either the town clerk or the town council, as specified herein.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-121. - Restrictions on municipal MFE permit.#

The qualifications for a municipal mobile food establishment permit shall not exceed the qualifications for a state mobile food establishment registration, as determined by the Rhode Island Department of Business Regulation. The fee for a municipal mobile food establishment permit shall not exceed the maximum fee set by the Rhode Island Department of Business Regulation and established by regulations. The municipal mobile food establishment permit shall expire on the same day that the state mobile food establishment registration expires. A single municipal mobile food establishment permit shall be required to operate within the town, and additional permits shall not be required for operation on more than one day and/or in more than one location in the same calendar year, provided however that on the day of the Fourth of July Parade, all of the Town of Bristol shall be deemed a temporary mass gathering, under the delegated authority of the Bristol Fourth of July Committee, and no mobile food establishment shall operate within the Town of Bristol on such day without the approval of said Fourth of July Committee.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-122. - Grounds for denial, suspension, or revocation of municipal MFE permit.#

The town may deny, suspend, or revoke a municipal mobile food establishment permit if the operation of the registrant within the town violates or would violate the town's land use regulations, zoning, or other ordinances in relation to the operation of a mobile food establishment. The holder of a municipal mobile food establishment permit against whom such adverse action is taken shall notify the Department of Business Regulation in writing and provide documentation of such action within three business days of the initiation of such action. The town council shall hear appeals of denial, suspension, or revocation of mobile food establishment permits.

(Ord. No. 2020-01, 2-19-20)

_____

Sec. 19-123. - MFE permit types and conditions.#

The following table sets forth the MFE permit types issued by the town and accompanying conditions/restrictions. Food truck type/event type Cap on permits? Hours of operation Location Restrictions Permitting Authority

Itinerant MFE No 8:00 a.m.—9:00 p.m. None Town clerk

MFE—Private event on private property 2x per year per location in residential zones; no cap in other zones 8:00 a.m.— 12:00 a.m., midnight None Town clerk

MFE—Private event on public property No 8:00 a.m.—11:00 p.m. None Town council (applicant or representative must appear)

MFE—Public event on private property No 8:00 a.m.—11:00 p.m. Not allowed downtown Town clerk

MFE—Public event on public property No 8:00 a.m.—11:00 p.m. None Town council (applicant or representative must appear)

MFE—No event No 8:00 a.m.—9:00 p.m. Not allowed in residential zoning districts or downtown Town clerk

Temporary mass gathering No To be set by town council None Town council (applicant or representative must appear)

(Ord. No. 2020-01, 2-19-20)

Sec. 19-124. - Display of municipal mobile food establishment permit.#

The municipal mobile food establishment permit shall be affixed to the mobile food establishment in a conspicuous place.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-125. - Compliance with other laws and regulations.#

Mobile food establishments shall comply with all applicable statutes, rules, regulations, and policies relating to food safety, and additionally shall comply with the fire safety code, if applicable. Additionally, mobile food establishments shall comply with all town ordinances, including but not limited to the noise ordinance.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-126. - Electronic submission of permit applications.#

An application for a municipal mobile food establishment permit may be submitted by email or other electronic means.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-127. - Permit fees.#

The annual fee for a municipal mobile food establishment permit shall be $75.00. The fee for an event on public property or a temporary mass gathering shall be $300.00, except that municipal entities including departments, boards, committees, and commissions shall be exempt from paying permit fees. Fundraisers for nonprofit entities shall also be exempt from event/temporary mass gathering permit fees.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-128. - Permit for events proposed to be located on public property.#

For any event where an individual has ordered or commissioned the operation of one or more mobile food establishments at a gathering proposed to be located on public property, the organizer must obtain a separate event permit prior to the event, in addition to the MFE permit and any other permits that may be required. All event permits shall be issued on the condition that the organizer of the event must leave sufficient space for emergency vehicles in compliance with the Rhode Island Fire Safety Code. Applications for an event permit must be received 90 days in advance of the proposed event.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-129. - Temporary mass gathering permit.#

For any temporary mass gathering located on private property, the organizer must obtain a separate temporary mass gathering permit prior to the event, in addition to the MFE permit and any other permits that may be required. All temporary mass gathering permits shall be issued on the condition that the organizer of the event must leave sufficient space for emergency vehicles in compliance with the Rhode Island Fire Safety Code. Applications for a temporary mass gathering permit must be received 90 days in advance of the proposed event. The police chief or his/her designee and the director of public works or his/her designee shall review all applications and provide an advisory recommendation to the town council.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-130. - Fourth of July permits.#

The holder of a municipal mobile food establishment permit shall be required to obtain separate permits from the Fourth of July Committee for operation on the day of and in connection with the Fourth of July Parade.

(Ord. No. 2020-01, 2-19-20)

Sec. 19-131. - Annual review of MFE permits.#

No later than November 1 of each year, the town clerk and town administrator shall present a report to the town council detailing MFE permits issued during the previous year.

(Ord. No. 2020-01, 2-19-20)