The text
Footnotes:
--- (6) --- Cross reference— Public places, ch. 13; streets and sidewalks, ch. 14.
State Law reference— Home solicitation sales, G.L. 1956, § 6-28-1 et seq.
Sec. 8-116. - Defined.#
For the purpose of this chapter, a "solicitor" shall be defined as any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery or services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who for himself or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. Nothing herein shall apply to non-profit, political, civic, religious or charitable organizations.
(Rev. Ords. 1987, § 8-116; Ch. 23, § I, 4-21-98; Ch. 672, § II, 6-6-17)
Cross reference— Definitions generally, § 1-2.
Sec. 8-117. - License required.#
No person as defined in section 8-116 shall solicit or call from house to house in the city to sell or attempt to sell goods by sample, to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future without first having received a written license therefor in compliance with the provisions of this article.
(Rev. Ords. 1987, § 8-117; Ch. 672, § III, 6-6-17)
Sec. 8-118. - Application.#
(a)
Applicants for a license under this article must file with the city clerk a sworn application, in writing and in duplicate on a form to be furnished by the city clerk, which shall give the following information:
(1)
Name and description of the applicant company and each individual solicitor working on behalf of said company;
(2)
Business address and permanent home address and full local address of each solicitor;
(3)
A brief description of the nature of the business and the goods sold;
(4)
If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(5)
The length of time for which the right to do business is desired;
(6)
The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery;
(7)
A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(8)
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation in any state or of any municipal ordinance in Rhode Island, the nature of the offense and the punishment or penalty assessed therefor. Applicant will present a BCI from the office of the RI attorney general and attest to no criminal history, if convicted of a felony, or of a misdemeanor involving fraud, a license shall only be issued with approval of the chief of police.
(b)
At the time of filing the application, a fee of $5.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.
(Rev. Ords. 1987, § 8-118; Ch. 672, § IV, 6-6-17; Ch. 779, § I, 9-1-20)
Sec. 8-119. - Investigation of applicant; issuance and denial.#
The clerk shall keep a permanent record of all licenses issued and which business the licenses are associated with.
(Rev. Ords. 1987, § 8-119; Ch. 672, § V, 6-6-17)
Sec. 8-120. - Fees.#
(a)
The license fee which shall be charged by the city clerk for solicitor's license shall be $50.00 per year.
(b)
The annual fees provided in this section shall be assessed on a calendar year basis, and on or after July 1 the amount of such fee for an annual license shall be one-half the amount stipulated above for the remainder of the year.
(Rev. Ords. 1987, § 8-120; Ch. 672, § VI, 6-6-17)
Sec. 8-121. - Term.#
All annual licenses issued under the provisions of this article shall expire on December 31 in the year when issued.
(Rev. Ords. 1987, § 8-121; Ch. 672, § VII, 6-6-17)
Sec. 8-122. - Exhibition.#
Solicitors shall be required to exhibit their licenses at the request of any city resident.
(Rev. Ords. 1987, § 8-122; Ch. 672, § VIII, 6-6-17)
Sec. 8-123. - Prohibited solicitation.#
It shall be unlawful for any person engaged in soliciting as described in section 8-116 to call from house to house if anyone has "no solicitation" displayed on their property, unless invited by the occupant to do so, or at any time before the hour of 8:00 a.m. or after the following times in the following months: (a)
January—March: 5:00 p.m.
(b)
March—June: 6:00 p.m.
(c)
July—September: 7:00 p.m.
(d)
October—December: 6:00 p.m.
(Ch. 779, § I, 9-1-20)
Editor's note— Ch. 779, § I, adopted September 1, 2020, in effect, repealed § 8-123 and enacted a new § 8-123 as set out herein. Former § 8-123 pertained to hours permitted and derived from Rev. Ords. 1987, § 8-123; Ch. 23, § II, adopted April 21, 1998; and Ch. 672, § IX, adopted June 6, 2017.
Sec. 8-124. - Enforcement of chapter.#
It shall be the duty of any police officer of the city to require any person seen soliciting, and who is not known by such officer to be duly licensed, to produce his solicitor's license and to enforce the provisions of this chapter against any person found to be violating this chapter.
(Rev. Ords. 1987, § 8-124; Ch. 672, § X, 6-6-17)
Sec. 8-125. - Records and reports of police chief and city clerk.#
The chief of police shall report to the city clerk all convictions for violation of this chapter, and the city clerk shall maintain a record for each license issued and shall record the reports of violation therein.
(Rev. Ords. 1987, § 8-125)
Sec. 8-126. - Revocation.#
(a)
Licenses issued under the provisions of this article may be revoked by the chief of police after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application for license;
(2)
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor;
(3)
Any violation of this chapter;
(4)
Conviction of any felony or misdemeanor involving moral turpitude;
(5)
Conducting the business of soliciting in an unorderly and unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
(b)
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-126; Ch. 672, § XI, 6-6-17)
Sec. 8-127. - Appeal from denial.#
Any person aggrieved by the action of the chief of police or the city clerk in the denial of a license as provided in section 8-118 shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of has been mailed to such person's last known address a written statement setting forth fully the grounds for appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in section 8-126 for notice of hearing on revocation. The decision and order of the city council on such appeal shall be final and conclusive.
(Rev. Ords. 1987, § 8-127; Ch. 672, § XII, 6-6-17)
Sec 8-128. - Registration of businesses.#
Any business that conducts door-to-door soliciting shall register with the city clerk's office and shall provide a list of all solicitors operating in the city. The business shall be responsible for ensuring all solicitors acting on behalf of the company, whether an employee or contractor, is licensed. The registration cost shall be on the following fee scale and all businesses shall renew registration on an annual basis as defined in section 8-121. Businesses with five or less solicitors .....$100.00
Businesses with over five and under 25 solicitors .....250.00
Businesses with 25 or more solicitors .....500.00
(Ch. 672, § XIII, 6-6-17)
Sec 8-129. - Penalties for non-compliance.#
(a)
Anyone engaging in door-to-door solicitation without a license or who is non-compliant with the allowed timeframe or other rules established herein shall be subject to the following penalties:
First offense—$100.00
All subsequent offenses—$250.00 to $500.00 fine.
(b)
Any business failing to register or [which] registers but does not disclose all door-to-door solicitors working on their behalf or who uses unlicensed solicitors shall be subject to the following penalties:
First offense—$100.00
All subsequent offenses—Minimum of $250.00 to a maximum of $500.00 fine and loss of right to operate door-to-door solicitation in the city.
(Ch. 672, § XIV, 6-6-17; Ch. 779, § I, 9-1-20)