ARTICLE I. - IN GENERAL

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

Local law · 2,200 sections

The text

Sec. 8-1. - Purpose of chapter.#

The purpose of this chapter is to establish fees for licenses, permits, petitions, traffic violation fines, rentals, water rates and service charges and all other miscellaneous fees and charges in order to establish a more equitable charge for the services rendered.

(Rev. Ords. 1987, § 8-1)

Sec. 8-2. - Operation without license or permit; violations of the conditions upon which a license or permit was granted.#

Any person or entity who operates, conducts or carries on a business without first obtaining a license or permit, whenever a license or permit is required by the provisions of this revision or any other chapter or city ordinance before operating, conducting or carrying on such business or any person or entity who has obtained a license or permit but has violated the conditions upon which such license or permit was granted or violated some other provision or law, or where the use of such license or permit has otherwise created an unreasonable nuisance, such person or entity shall be subject to a show cause hearing before the city council. (a)

When any proper authority is presented with evidence that a violation of this section has occurred, such authority shall submit the evidence in writing to the office of the city solicitor.

(b)

The office of the city solicitor shall bring a petition to show cause before the council whenever there is sufficient evidence to support a violation of this section.

(Rev. Ords. 1987, § 8-2; Ch. 769, § I, 6-2-20)

Sec. 8-3. - Applicability of state law, etc.#

All licenses issued under the authority of the state laws or provisions of this Revision or other city ordinances are subject to the regulations contained in such state laws, this Revision and the ordinance provisions, and any licensee who violates any regulations thereof shall be subject to the suspension or revocation of such license.

(Rev. Ords. 1987, § 8-3)

Sec. 8-4. - Appointment of public weighers.#

Whenever a petition for appointment as a weigher of coal and other articles of merchandise, pursuant to G.L. 1956, § 47-7-1 is filed with the city clerk, such applicant is required and shall pay the sum of $5.00 at the time of the filing of such petition for appointment.

(Rev. Ords. 1987, § 8-4)

State Law reference— Public weighers, G.L. 1956, § 47-7-1 et seq.

Sec. 8-5. - Closing hours for businesses.#

(a)

Generally. No shop, store, laundromat, gym, health clinic or other place of trade or entertainment in the city, with the exception of licensed taverns, pharmacies, victualing houses and bowling alleys, shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week.

(b)

Special annual permit required for hours of operation between 1:00 a.m. and 6:00 a.m. No licensed victualing house, licensed taverns, pharmacies, bowling alley, shop, store, health clinic, laundromat, gym or other place of trade or entertainment in the City shall be kept open between 1:00 a.m. and 6:00 a.m. during the last six days of the week without first obtaining a special permit from the city council extending the closing hour beyond 1:00 a.m. Such special permit may be granted for a probationary period of at least six months and with such conditions and terms as the city council may provide. After the expiration of the probationary period, the city council may grant the annual permit for extended hours with such conditions and terms as the city council may deem appropriate for the health and safety of the public. The fee for such permit shall be $125.00 and shall be due and owning at the start of probationary period.

(c)

Bowling alleys on Sunday. No bowling alley shall be licensed to operate on the first day of the week between 1:00 a.m. and 1:00 p.m. of the first day, unless granted a special license pursuant to section 8-66.

(Rev. Ords. 1987, § 8-5; Ch. 274, § I, 8-19-03; Ch. 730, § I, 11-7-18; Ch. 759, § I, 2-18-20)

State Law reference— Power of city council to authorize certain Sunday amusements in East Providence, G.L. 1956, § 5-22-9.

Sec. 8-6. - Authority to issue one-day licenses.#

It shall be the authority of the city council with approval of the chief of police and the fire department to issue one-day licenses for all entertainment, including, but not limited to, theaters, dancing and block parties, at all private residences as well as public/private establishments. This includes but is not limited to those establishments selling alcoholic beverages. An applicant must additionally comply with the requirements of section 8-69 of this Code.

The following requirements must be met before a one-day license is granted: (1)

A request for a one-day license must first be filed with the city clerk's office. The request will then be forwarded by the city clerk to the chief of police and the fire department for review.

(2)

A fee of $15.00 must be made payable to the City of East Providence and delivered to the city clerk's office.

(3)

Within the request, the applicant must include the type of entertainment (i.e., live band, disc jockey, etc.), the time frame of the entertainment, whether the event will be held indoors or outdoors, and a list of food truck vendors, if any, that will be at the event.

(4)

If a tent exceeding 120 square feet is to be erected in conjunction with the requested one-day license, the requesting party must comply with section 8-575 of this Code.

The one-day permit is granted subject to any and all limitations set by the city police department, city fire department and city council.

(Rev. Ords. 1987, § 8-6; Ch. 315, § I, 9-7-04; Ch. 599, § I, 4-15-14; Ch. 881, § I, 7-18-23)

Sec. 8-7. - Beginning and termination dates of annual licenses generally.#

Whenever an annual license is required by any provision of this Revision or other city ordinance to conduct, maintain, operate or carry on a business by any person within the city, the effective date of such license shall commence December 1 of each year and such license shall expire on November 30 of each year, unless the time for its validity is otherwise specified in this chapter.

(Rev. Ords. 1987, § 8-7)

Sec. 8-8. - Proration of license fees.#

Whenever a license fee has a fixed charge of $10.00 or more per annum which expires on November 30 of each year and an application for such license is made on or after June 1 of any year, then such license fee shall be issued upon payment of one-half the annual rate, except in the case of the issuance of alcoholic beverage licenses.

(Rev. Ords. 1987, § 8-8)

Sec. 8-9. - Refunding of license fees.#

After the issuance of any license under any of the provisions of this Revision or other ordinances of this city and in the event that the licensee discontinues his business as permitted by such license at any time prior to the expiration of the life of such license, no refunds shall be made by reason of such discontinuance.

(Rev. Ords. 1987, § 8-9)

Sec. 8-10. - Transferability of licenses; transfer fee.#

All licenses granted by the city council may, upon approval of the council, be transferred upon application for transferral by paying to the city clerk the sum of $25.00 for such transfer plus advertising costs, as may by law be required, and such other costs incidental to such transfer.

(Rev. Ords. 1987, § 8-10)

Sec. 8-11. - Time of payment.#

(a)

License fees generally. Whenever a license, except a license to sell alcoholic beverages, is lawfully issued, the licensee shall pay the required fee, and any person failing to do so shall be subject to the payment of a penalty of $2.00 for such delay or to revocation of such license by the issuing officer. Alcoholic beverage license fees shall be paid in advance of the issuance of such licenses, and the time for such payment shall be fixed by the city clerk.

(b)

Permit fees, petitions, utility rates, rentals, fines, etc. All permits, petitions, utility rates, rentals, fines and other miscellaneous charges shall be paid in accordance with the provisions of this Revision and other ordinances governing such fees, petitions, utility rates, rentals, fines and other miscellaneous charges, unless otherwise provided in this chapter.

(Rev. Ords. 1987, § 8-11)

Sec. 8-12. - Business registration required.#

Each business, including, but not limited to, wholesale, retail, commercial, professional service or manufacturing, whether by sole proprietorships, partnerships, corporations or any business entity, shall register its business, company, trade or office situated in the City of East Providence with the city clerk. Each registration shall contain the name of the firm or business, the name of the owner or operator of the firm or business, the type of business to be conducted and other basic information.

(Ch. 541, § I, 12-20-11; Ch. 545, § I, 2-28-12; Ch. 552, § I, 4-14-12)

Sec. 8-13. - Procedure; exemptions.#

No other business of the same trade name shall be allowed to register once a registration has been filed without the approval of the prior registrant in writing. Every registration filed shall expire on the 30th day in April and shall be renewed annually. No registration shall be renewed if the business fails to provide proof from the tax collector that all municipal taxes have been paid to date.

(Ch. 541, § I, 12-20-11; Ch. 545, § I, 2-28-12; Ch. 552, § I, 4-14-12; Ch. 582, § I, 8-20-13)

Editor's note— Ch. 552, adopted Apr. 14, 2012, amended Art. I by deleting § 8-13 (which pertained to fees and derived from Chs. 541 and 545) and renumbering §§ 8-14, 8-15 as §§ 8-13, 8-14, leaving § 8-15 as "reserved".

Sec. 8-14. - Violations and penalties.#

Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions set forth herein, shall be fined not exceeding $25.00 for each offense. The fines shall inure to the city, and each day that the violation continues shall be deemed to constitute a separate offense.