ARTICLE II. - MISCELLANEOUS BUSINESS AND OCCUPATIONAL LICENSES AND PERMITS

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Footnotes:

--- (2) --- State Law reference— Secondhand dealers and junkyards, G.L. 1956, § 5-21-1 et seq.; closing out sales, G.L. 1956, § 6-14-1 et seq.; employment agencies, G.L. 1956, § 5-7-1 et seq.; itinerant vendors, G.L. 1956, § 5-15-1 et seq.; automobile secondhand dealers, G.L. 1956, § 5-21-1 et seq.; junk gatherers, G.L. 1956, § 5-21-1 et seq.; foundrymen, G.L. 1956, § 5-21-1 et seq.; pawnbrokers, G.L. 1956, §§ 19-26-1—19-26-19; peddlers and hawkers, G.L. 1956, §§ 5-11-1—5-11-18.

Sec. 8-27. - Business licenses and permits generally.#

Licenses and permit fees for the following types of businesses are hereby fixed as follows: (1)

Automobile junkyards, per location, annually .....$100.00

(2)

Closing-out sales, as defined by R.I.G.L. 1956, § 6-14-3, per sale .....100.00

(3)

Employment agency operators, annually .....75.00

(4)

Hawkers: .....

Annually .....125.00

90 day .....75.00

60 day .....50.00

Daily .....25.00

Watches, jewelry, gold and silver .....50.00

General merchandise .....25.00

(5)

Peddlers: .....

Per vehicle .....100.00

Per driver .....25.00

(6)

Itinerant vendors, as defined by this chapter .....350.00

(7)

Secondhand dealers: .....

Automobiles, per location, annually .....100.00

Antique shop operators, per location, annually .....75.00

Other stores and shops, per location, annually .....25.00

(8)

Tattoo parlors .....200.00

(9)

Automobile body repair shop .....100.00

(Rev. Ords. 1987, § 8-27; Ch. 274, § II, 8-19-03; Ch. 643, § I, 3-15-16)

State Law reference— Closing-out sales, G.L. 1956, §§ 6-14-1—6-14-5; employment agencies, G.L. 1956, §§ 5-7-1, 5-7-2; itinerant vendors, G.L. 1956, §§ 5-15-1—5-15-16; secondhand dealers, G.L. 1956, §§ 5-21-1—5-21-7.

Sec. 8-28. - Occupational licenses and permits generally.#

The license and permit fees for the following enumerated occupations are hereby fixed as follows: (1)

Drainlayers, annually .....$40.00

(2)

Foundryman, as defined by G.L. 1956, § 5-27-1, annually .....5.00

(3)

Junk gatherers, annually .....5.00

(4)

Junk shop operators, per location, annually .....25.00

(5)

Laundries and dry cleaners, per location, annually .....25.00

(6)

Night soil removers, annually .....200.00

(7)

Pawnbrokers' shops, annually .....200.00

(Rev. Ords. 1987, § 8-28; Ch. 274, § III, 8-19-03)

State Law reference— Foundrymen, G.L. 1956, § 5-21-1 et seq.; junk gatherers, G.L. 1956, § 5-21-1 et seq.; junk shops, G.L. 1956, § 5-21-1 et seq.; drycleaners, laundries, G.L. 1956, § 5-16-1 et seq.; night soil removers, G.L. 1956, § 23-19.2-2; pawnbrokers, G.L. 1956, § 19-26-1 et seq.; peddlers and hawkers, G.L. 1956, § 5-11-18.

Sec. 8-29. - Caterers.#

License fees for the carrying on of a catering business by mobile units are hereby fixed at $100.00 for each unit.

(Rev. Ords. 1987, § 8-29; Ch. 274, § IV, 8-19-03)

Sec. 8-30. - Hotels, motels and roominghouses.#

The annual license fees for the operation of a hotel, motel or roominghouse are hereby fixed as follows: (1)

Hotels, having the following number of guest rooms: .....

Up to 25 rooms .....$ 50.00

Over 25 and not more than 50 rooms .....100.00

Over 50 rooms .....150.00

(2)

Motels, having the following number of units: .....

Up to 25 units .....50.00

Over 25 and not more than 50 units .....100.00

Over 50 units .....150.00

(3)

Roominghouses .....15.00

(Rev. Ords. 1987, § 8-30)

State Law reference— Hotels keeping of valuables, G.L. 1956, §§ 5-14-1, 5-14-2; hotels and motels, G.L. 1956, §§ 23-28.7-1 et seq., 23-28.13-1 et seq.; recreational facilities including hotels and motels, G.L. 1956, § 23-21-1 et seq.

Sec. 8-31. - Sunday sales and holiday sales.#

(a)

Sunday sales. Retail establishments possessing a class A license may sell alcoholic beverages from no earlier than 10:00 a.m. to no later than 6:00 p.m. on Sundays or on Christmas Day, if Christmas shall occur on a Sunday, unless the following Monday is a holiday, in which event the holders may remain open no later than 9:00 p.m. the prior Sunday.

(b)

Holiday sales. No person or retail establishment shall engage in sales on December 25 of any year or on Thanksgiving Day except;

(1)

Pharmacies licensed under chapter 5-19.1 of state law; provided, however, that no drug (as defined in G.L. 1956, § 5-19.1-2) or controlled substance (as defined in G.L. 1956, § 5-19.1-2) requiring a prescription (as defined in G.L. 1956, § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as defined in G.L. 1956, § 519.1-2) is available on the premises;

(2)

Retail establishments that principally sell food products as defined by state law and that employ fewer than six employees per shift at any one location;

(3)

Retail establishments principally engaged in the sale of cut flowers, floral products, plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories; and

(4)

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

(Rev. Ords. 1987, § 8-31; Ch. 274, § V, 8-19-03; Ch. 386, § I, 5-2-06; Ch. 731, § I, 11-7-18; Ch. 957, § I, 1-27-26)

State Law reference— Sunday business, G.L. 1956, §§ 5-23-1—5-23-5.

Sec. 8-32. - Taverns and victualing houses.#

The license fee for serving of food at diners, restaurants, taverns and other food dispensing establishments is hereby fixed according to classification. There shall be three classes of victualing licenses, and the fee for each class license shall be based upon the capacity of the licensed premises to accommodate the serving of food at any one sitting and the establishment of a minimum fee for those premises where seating is not available. Such classes and the fees for classes are hereby fixed as follows: (1)

First class, capacity to serve 51 persons or over .....$150.00

(2)

Second class, capacity to serve 26 to 50 persons .....125.00

(3)

Third class, minimum and one to 25 persons .....75.00

(Rev. Ords. 1987, § 8-32; Ch. 274, § VI, 8-19-03)

State Law reference— Taverns and victualing houses, G.L. 1956, §§ 5-24-1—5-24-5.

Sec. 8-33. - Bond required for blasting.#

Whenever a license or permit is granted to any person from the state fire marshal to conduct blasting operations in the city, the city building inspector or his/her designee may require a bond be given, with a surety company as surety, running to the city in such amount as the building inspector and director of public works deem necessary to indemnify and hold harmless the city and such companies for any and all damages that may occur as a result of the blasting or excavating. Such bond shall not exceed $10,000.00, and shall in no way limit the liability of such person for any damages caused.

(Rev. Ords. 1987, § 8-33; Ch. 274, § VII, 8-19-03; Ch. 675, § I, 8-15-17)

State Law reference— Dealers in explosives, G.L. 1956, §§ 23-28.28-1—23-28.28-27.

Sec. 8-34. - Employment agency, drycleaning establishment, laundry or pawnbroker shop; application; approval.#

No person shall engage in the business of operating an employment agency, a drycleaning establishment or laundry, or a pawnbroker shop without first obtaining a license from the city clerk, after approval by the city council.

(Rev. Ords. 1987, § 8-34)

Sec. 8-35. - Underground utility contractors—Permit.#

No person shall engage in the business of underground utility contractor unless said person has a license from the State of Rhode Island as defined under G.L Ch. 5-65.5 et seq. No person shall engage in the installation, maintenance and repair of underground utility systems within the city without first obtaining a permit for each installation or repair from the director of public works and payment of all fees associated with said permit. The director of public works shall only issue an underground utility contractor permit pursuant to G.L. § 39-2.2-2 for work to be performed on public rights-of-way and/or roadways directly to a public utility as defined by G.L., § 39-1-2, the public utility may designate a contractor to perform work on its behalf, but the director of public works shall not issue a permit directly to any subcontractor of a public utility. The director of public works shall only issue G.L. § 39-2.2-2 municipal utility permits under the following circumstances: (1)

Minor disturbance. If the work to be performed shall disturb less than 100 square feet of public right-of-way and/or roadway:

The required repair and sealing of the public right-of-way and/or roadway shall be in the discretion of the director of public works and such requirements may be included on the permit upon issuance.

(2)

Major disturbance. If the work to be performed shall disturb at least 100 square feet of public right-of-way and/or roadway:

And the disturbed area was paved within the previous five years, then issuance of such a permit shall require replacement of the public right-of-way and/or roadway edge to edge along the entire length of the disturbance.

And the disturbed area was paved between five and 15 years ago, the disturbed area shall be repaved in the following manner:

On roadways less than 24 feet wide edge to edge repaving required unless the director of public works specifies that the repair should performed edge to centerline of roadway with either crack sealant or infrared heat treatment of the resulting seam.

ii.

On roadways at least 24 feet wide the repair should performed edge to centerline of roadway, and the resulting seam shall employ either crack sealant or infrared heat treatment as may be determined by the director of public works.

And the disturbed area was paved more than 15 years ago, the disturbed area shall be repaved in the manner the director of public works deems appropriate.

(3)

Sidewalks. If the work performed has any impact on sidewalks or other pedestrian or cycling or other public right-of-way infrastructure, such disturbed infrastructure shall be repaired such that it is comparable to newly installed right-of-way infrastructure. Such repairs shall use the same material as presently existing at the site.

(4)

Striping. In all cases all striping, including, but not limited to, crosswalks, centerlines or shoulders shall be repainted to the satisfaction of the director of public works.

(5)

Police detail, timing, notice.

The director of public works is hereby empowered to require a police detail whenever the director of public works deems necessary and prudent for public safety concerns that may arise from work related to the municipal utility permit.

The director of public works is hereby empowered to set specific times of day or days of the week when construction of the public right-of-way may be performed whenever the director of public works deems necessary and prudent for public safety or quality of life concerns that may arise from work related to the municipal utility permit.

The director of public works is hereby empowered to require that notice be given to property owners in the immediate vicinity of the work to be performed whenever such property owners will have their quality of life substantially impacted by the work to be performed.

(6)

Compliance and enforcement.

No permit shall be issued to any applicant who has performed any work that is not fully compliant with the provisions herein unless and until that previous work is brought into compliance with this section to the satisfaction of the director of public works.

No permit shall be issued to any applicant who has outstanding fines or fees due and owing to the city.

Failure to comply with this section shall incur a $500.00 per day fine for each day that the roadway or public right-of-way is not appropriately repaved as shall be determined by the department of public works.

Any funds derived from enforcement of this section shall be set aside for capital improvements to pedestrian or public transportation infrastructure throughout the city.

(Ch. 625, § I, 6-2-15; Ch. 802, § I, 5-4-21)

Editor's note— Ch. 625, adopted June 2, 2015 amended § 8-35 in its entirety to read as herein set out. Former § 8-35 pertained to drainlayer—application; approval, and derived from Rev. Ords. 1987; and Ch. 310, adopted June 15, 2004.

Sec. 8-36. - Same—Appeal from denial.#

Any person aggrieved by the action of the chief of police, the plumbing inspector, the mayor or the city clerk in the denial of a permit or license as provided in section 8-35 shall have the right of appeal to the city council. Such appeal shall be taken by filing a written statement with the city clerk fully setting forth the grounds for the appeal within 14 days after the notice of the action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed, postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.

(Rev. Ords. 1987, § 8-36; Ch. 877, § I, 6-6-23)

Sec. 8-37. - Hotel, motel, boardinghouse or catering establishment—Application; approval.#

No person shall engage in the business of operating a hotel, motel, boardinghouse or catering establishment without first obtaining a license from city clerk, after approval of the chief of police, the building inspector and the mayor.

(Rev. Ords. 1987, § 8-37; Ch. 877, § I, 6-6-23)

Sec. 8-38. - Same—Appeal from denial.#

Any person aggrieved by the action of the chief of police, the building inspector, the mayor, or the city clerk in the denial of a permit or license as provided in section 8-37 shall have the right of appeal to the city council. Such appeal shall be taken by filing a written statement with the city clerk, setting forth fully the grounds for the appeal, within 14 days after the notice of the action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.

(Rev. Ords. 1987, § 8-38; Ch. 877, § I, 6-6-23)

Sec. 8-39. - Change of tenancy.#

All corporations, businesses, partnerships, LLCs, and individuals entering into new business locations within the city either by rental, lease or purchase shall complete a change of tenancy form provided by the city and said corporations, businesses, partnerships, LLCs, and individuals shall obtain all necessary permits, licenses or variances prior to operating at said location.

(Ch. 218, § I, 8-13-02)

Sec. 8-40. - Reserved.#

Editor's note— Sec. I of Ch. 577, adopted Apr. 16, 2013, deleted § 8-40, which pertained to fireworks and derived from Ch. 558, adopted June 19, 2012.