The text
Footnotes:
--- (1) --- Cross reference— Amusements and entertainment, ch. 6; private haulers license for solid waste, § 34-101 et seq.; collectors and haulers of recycling, § 34-261 et seq.; taxation, ch. 42; nonissuance and nonrenewal of licenses or permits to applicants or licensees in arrears in taxes, liens and assessments, § 42-1; commercial vehicles, § 46-186 et seq.; home occupations, app. A, § 4.2; signs in business and industrial district, app. A, § 6.6; signs in shopping centers, app. A, § 6.8.
State Law reference— Businesses and professions, G.L. 1956, Title 5.
ARTICLE I. - IN GENERAL#
Secs. 18-1—18-30. - Reserved.#
ARTICLE II. - SECONDHAND GOODS DEALERS, JUNKYARDS#
Footnotes:
--- (2) --- State Law reference— Secondhand goods dealers, G.L. 1956, §§ 5-21-1—5-21-8; junkyards, G.L. 1956, §§ 24-14-1—24-14-12; automobile salvage yards, G.L. 1956, §§ 42-14.2-1—42-14.2-21.
DIVISION 1. - GENERALLY#
Sec. 18-31. - 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:
Automobile junkyard means a place where one or more unserviceable, discarded, wornout or junked automobiles, or bodies, engines, tires, parts or accessories thereof are gathered together.
(Ord. of 11-4-68, § 2)
Cross reference— Definitions generally, § 1-2.
Secs. 18-32—18-50. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 18-51. - Required.#
No person shall engage in the business of purchasing, selling, bartering or dealing in junk, old metals or any secondhand articles, whether as the keeper of a shop or storehouse for the reception of such articles, or as the holder of such articles on any premises, as a gatherer of such articles in any bag, wagon, cart, motor vehicle or as foundryman or other person receiving such articles for the purpose of melting such articles into casting, unless such person shall be licensed by the town council.
(Ord. of 4-2-62, § 1)
Sec. 18-52. - Application; contents.#
Every applicant shall set forth in the application the name and address of the applicant and the address at which he proposes to conduct the business, as well as the assessor's plat, block and lot number, telephone number, type of license and other information relative to such business.
(Ord. of 4-2-62, § 2)
Sec. 18-53. - Public hearing; notice.#
The town council shall issue such license only after a public hearing. Notice of such hearing shall be posted at least seven days, but not more than 14 days prior to the hearing in not less than two public places in the town and by publication in a newspaper of general circulation of the town at least five days before such hearing.
(Ord. of 4-2-62, §§ 3, 5)
Sec. 18-54. - Filing of objections to granting.#
No license shall be granted under this article when the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the town council on or before the date of such hearing their objection to the granting of such license.
(Ord. of 4-2-62, § 5)
State Law reference— Similar provisions, G.L. 1956, § 5-21-2(b).
Sec. 18-55. - Conditions for granting.#
The town council may require as a condition of the issuance or continuation of any license that the applicant or holder of a license comply with rules and specifications as to the manner of conducting such business as determined by the town council in accordance with G.L. 1956, § 5-21-4 for the welfare of the town.
(Ord. of 4-2-62, § 4)
Sec. 18-56. - Fees.#
The annual fee for such license shall be $100.00 for the keeper of a shop or storehouse for any junk, old metals or secondhand articles including an automobile junkyard. All licenses shall expire on December 1 next succeeding the date of such license.
(Ord. of 4-2-62, § 6)
Sec. 18-57. - Display; hours of operation; number to be granted.#
(a)
All licenses granted shall be displayed in a conspicuous place within such shop or storehouse, and no keeper of such shop or storehouse shall do any business therein except during the hours provided for in his license.
(b)
The number of automobile junkyard licenses to be granted by the town shall be limited to five licenses.
(Ord. of 4-2-62, § 7; Ord. of 11-4-68, §§ 1, 2)
Secs. 18-58—18-90. - Reserved.#
ARTICLE III. - KENNELS#
Footnotes:
--- (3) --- Cross reference— Animals, ch. 10.
State Law reference— Animal care, G.L. 1956, § 4-19-1 et seq.
DIVISION 1. - GENERALLY#
Secs. 18-91—18-110. - Reserved.#
DIVISION 2. - LICENSE#
Footnotes:
--- (4) --- State Law reference— State license, G.L. 1956, § 19-1-6.
Sec. 18-111. - Reserved.#
Editor's note— An amendment of April 6, 2009, repealed the former section 18-111 in its entirety, which pertained to qualifications of prospective licenses, and derived from an ordinance of August 3, 1970, § 1.
Sec. 18-112. - Application for kennel license.#
Every owner or keeper of four or more dogs shall file, with the town clerk, an application for the issuance of a kennel license. Such application shall be filed at least two weeks prior to the date of a regularly scheduled town council meeting.
(Ord. of 8-3-70, § 2; Amd. of 4-6-09)
Editor's note— An amendment of April 6, 2009, changed the title of section 18-112 from "Application for initial license" to "Application for kennel license." The historical notation has been preserved for reference purposes.
Sec. 18-113. - Classes.#
(a)
Class 1 license. The issuance of a class 1 license will permit the licensee to own, keep train and/or board over ten dogs in a fully enclosed/indoor structure.
(b)
Class 2 license. The issuance of a class 2 license will permit the licensees to own, keep, train and/or board four to ten dogs, but not more than ten dogs.
(Ord. of 8-3-70, § 3; Amd. of 4-6-09)
Sec. 18-114. - Fees.#
The applicant for the initial or renewal issuance of a kennel license shall pay to the town clerk, upon filing his application, a license fee of $100.00 for a class 1 license and a license fee of $25.00 for a class 2 license. Each applicant upon filing for the initial or renewal issuance of a kennel license shall also pay the fee in this section to defray the costs of collection by the town clerk. All such fees shall be paid over to the town treasurer. If after the public hearing or inspection, the application for the initial issuance of a kennel license shall be denied, the license fees specified in this section shall be refunded to the applicant.
Every applicant shall register all dogs housed at the kennel with the town clerk, who will issue dog licenses for each dog registered. The town clerk shall also collect a $1.00 surcharge on each dog license issued at each kennel. The revenue generated by this surcharge shall be deposited in a spay-neuter account established by the town clerk and town treasurer to fund low-cost spay/neuter programs. Any remaining revenue collected pursuant to town ordinance and state law unused during any calendar year shall remain in said spay/neuter account for use during the following year. The $1.00 surcharge shall apply to adult dogs housed at each kennel, and does not apply to puppies.
(Ord. of 8-3-70, § 3; Ord. of 10-2-06; Amd. of 4-6-09)
Sec. 18-115. - Application; contents.#
Application for a kennel license shall indicate the names of the owners or keepers, the proposed location of such kennel, and the name and address of the owner of the land where the kennel is to be located, including plat, block and lot. The applicant shall indicate which class of license is being applied for and shall furnish the names and addresses of all persons owning real property within 300 feet of the lot or parcel of land where the kennel is to be located.
(Ord. of 8-3-70, § 4)
Sec. 18-116. - Notice of hearing.#
(a)
Upon receipt of application for a kennel license, the town clerk shall cause notice of such application to be published in a newspaper of general circulation in the town at least once during the week prior to the week in which the hearing will be held. Such notice shall state the name and address of the applicant and the class of license requested. Such notice shall state the time and place of the hearing and that all persons are entitled to be heard before the granting of such license.
(b)
In addition, notice shall be sent by certified or registered mail to all persons owning real property within 300 feet of the lot or parcel of land for a class 2 and 1,000 feet for a class 1 which is the subject of the license application.
(Ord. of 8-3-70, § 5; Amd. of 4-6-09)
Sec. 18-117. - Hearing.#
Hearings on applications for the initial issuance of kennel licenses shall be held at regularly scheduled town council meetings, unless otherwise ordered by the town council. At such hearing, all persons for or against the granting of such license shall be heard. All hearings shall be opened to the public. The town council shall render a decision and grant or deny such license within ten days after the date of the hearing.
(Ord. of 8-3-70, § 6)
Sec. 18-118. - Inspection of kennel site.#
The town council or its designee reserves the right to inspect the site.
(Ord. of 8-3-70, § 7; Amd. of 4-6-09)
Sec. 18-119. - Expiration.#
A kennel license shall be valid for a period not exceeding one year, and all kennel licenses shall expire on April 1.
(Ord. of 8-3-70, § 9)
Sec. 18-120. - Revocation.#
A kennel license may be revoked by the town council after a public hearing. Notice of such hearing shall be given by mailing the notice by certified or registered mail to the licensee at the address shown upon the license. Such notice shall be mailed at least ten days before the date set for the hearing. Causes for revocation shall be unhealthy operation of the kennel, creation of a nuisance to the neighborhood, mistreatment of dogs or other improper operation.
(Ord. of 8-3-70, § 10A)
Sec. 18-121. - Renewal.#
Licenses shall be automatically renewed annually, provided that: (1)
The annual license fee has been paid on or before March 31; and
(2)
The town animal control officer has certified that the kennel has been properly operated during the preceding year. If the fee has not been so paid or no such certification has been made, then the license shall not be renewed, and any application made shall be treated as a new application.
(Ord. of 8-3-70, § 11)
Secs. 18-122—18-140. - Reserved.#
ARTICLE IV. - TAVERNS, COOKSHOPS, VICTUALING HOUSES#
Footnotes:
--- (5) --- State Law reference— Taverns, cookshops, etc., G.L. 1956, § 5-24-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 18-141. - Penalty for violation of article.#
Every person who shall open or keep open any tavern, victualing house or cookshop, without a license first had and obtained from the town council, or in any place other than that specified in such license, shall be fined as provided in section 1-15.
(Ord. No. 1971-1, § 5, 9-1-71)
Secs. 18-142—18-160. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 18-161. - Required.#
No person shall engage in the business of operating a tavern, victualing house or cookshop within the town unless a license therefor shall be granted by the town council.
(Ord. No. 1971-1, § 1, 9-1-71)
Sec. 18-162. - Application; contents.#
Applications for such licenses shall be made to the town council, shall specify the name and address of the applicant, specify the type of business to be conducted by the applicant, describe the location of the business premises within the town and be accompanied by a statement from the state department of public health that the applicant and the business premises comply with all state health department regulations and requirements for such business.
(Ord. No. 1971-1, § 2, 9-1-71)
Sec. 18-163. - Fees.#
The fee for such license, payable to the town in advance of the issuance of such license, shall be $25.00.
(Ord. No. 1971-1, § 3, 9-1-71)
Sec. 18-164. - Contents; duration.#
Each license shall specify the person licensed, the business licensed and the premises where the business shall be pursued, and shall continue in force until December 1 subsequent to its issuance, unless sooner revoked for cause by the town council.
(Ord. No. 1971-1, § 4, 9-1-71)
Secs. 18-165—18-180. - Reserved.#
ARTICLE V. - FIREARMS DEALERS#
DIVISION 1. - GENERALLY#
Secs. 18-181—18-200. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 18-201. - Authority.#
This division is enacted pursuant to the provisions of G.L. 1956, § 11-47-39 which provides for firearms dealers' licenses to be issued by cities and towns of this state.
(Ord. of 3-2-98(2))
Sec. 18-202. - Required.#
No person who is not licensed under the provisions of this division shall engage in the business of buying or selling firearms within the town. The term "persons" as used in this section shall mean any individual, firm, corporation, partnership, business or other entity.
(Ord. of 3-2-98(2))
Sec. 18-203. - Application.#
Any person applying for a license under this division shall file a written application for the same with the town council. Such applications shall be in a form prescribed by the town clerk and shall include the name of the person applying, a statement as to whether the person applying has ever been arrested or convicted at any time, including misdemeanor and felony arrests and convictions. Any such arrest and conviction shall be listed giving full details of the same. Such application shall include the age of the applicant, the applicant's residence addresses for the previous five years, the applicant's social security number, and in case of a corporation, the application shall include the name of all shareholders of the corporation, all directors and all officers. The application shall be subscribed and sworn to under oath. Cost for advertising shall be born by the applicant and paid in advance to the town clerk.
(Ord. of 3-2-98(2))
Sec. 18-204. - Action upon application.#
(a)
Upon receipt of an application under this division, the town clerk shall refer the same to the town sergeant who shall make a full investigation of the applicant and shall file a report with the town council with the recommendation of the town sergeant as to whether the application should be granted or denied.
(b)
Upon receipt of the application with the report of the town sergeant, the town council shall cause the same to be advertised in a newspaper of general circulation in the town once a week for three successive weeks prior to the hearing on the license.
(c)
The town council shall hold a public hearing on the issuance of the license at a time and place to be designated by the council, at which hearing all persons wishing to be heard for or against the issuance of such license shall be given opportunity to by heard.
(Ord. of 3-2-98(2))
Sec. 18-205. - Fees.#
The application for a license under this division shall be accompanied by an application fee of $75.00, and estimated cost for advertising as may be determined by the town clerk. The renewal license fee, as prescribed by G. L. 1956, § 11-47-39, shall be $5.00.
(Ord. of 3-2-98(2))
Sec. 18-206. - Federal and state licenses required.#
No license shall be issued under this division to any person who does not have requisite federal and state license for dealers in firearms.
(Ord. of 3-2-98(2))
Sec. 18-207. - Applicability of state and federal law.#
Any license issued under this division shall be subject to all applicable provisions of federal and state law.
(Ord. of 3-2-98(2))
Sec. 18-208. - Conditions.#
Any license issued under this division shall, in addition to other applicable provisions of law, be subject to the following conditions: (1)
The business shall be carried on only in the building designated in the license.
(2)
The license or copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.
(3)
No pistol or revolver shall be sold in violation of any provisions of G.L. 1956, ch. 11-47, nor shall a pistol or revolver be sold under any circumstances unless the purchaser is personally known to the seller or the purchaser presents clear evidence of his identity.
(Ord. of 3-2-98(2))
Sec. 18-209. - Expiration.#
Any license issued under this division shall expire on December 31 of each year.
(Ord. of 3-2-98(2))
Sec. 18-210. - Renewal.#
Any license issued under this division shall be annually renewable upon payment of an annual renewal fee of $5.00 and certification of compliance by the licenseholder with all the terms and conditions of the license. In addition, such annual renewal of such license shall be subject to nonissuance and nonrenewal of licenses or permits to applicants or licensees in arrears in taxes, liens and assessments and the terms outlined in section 42-1.
(Ord. of 3-2-98(2))
Sec. 18-211. - Existing licenses.#
All licenses previously issued by the town pursuant to the provisions of G.L. 1956, ch. 11-47 shall continue in effect subject to terms of this division and shall be renewed annually by the holder pursuant to the terms of this division.
(Ord. of 3-2-98(2))
Sec. 18-212. - Suspension; revocation.#
Any license issued under this division may be suspended or revoked by the town council at any time, for reasonable cause shown after giving the licenseholder an opportunity to be heard at a public hearing to be scheduled by the town council.
(Ord. of 3-2-98(2))
Secs. 18-213—18-257. - Reserved.#
ARTICLE VI. - HAWKERS, PEDDLERS AND SOLICITORS#
Footnotes:
--- (6) --- Editor's note— An ordinance amendment adopted Feb. 6, 2012, supplied provisions to be added to this Code as §§ 18-58—18-74. In order to maintain the established numbering system of this Code, at the discretion of the editor, said provisions have redesignated as §§ 18-258—18-274, to read as set out herein.
Cross reference— Fees, ch. 93, art. I.
State Law reference— Hawkers and peddlers, G.L. § 5-11-1.1 et seq.; door-to-door sales , G.L. § 6-28-1 et seq.; solicitations by charitable organizations, G.L. § 5-53.1-1 et seq.
Sec. 18-258. - Definitions and covered entities#
Charitable includes the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic" or "fraternal," either actual or purported.
Hawker means any person selling or offering for sale any goods, wares, or merchandise, including any food or beverage, on any public street, highway, or public right-of-way in the state from a stationary location; lunch carts, mobile canteens and other similar vehicles.
Peddler means any person selling or offering for sale any goods, wares, or merchandise, including any food or beverage, from a vehicle, cart, or any other conveyance which is not stationary, including but not limited to lunch carts, mobile canteens and other similar vehicles.
Solicit and solicitation mean a request, either directly or indirectly, "door to door" or by other methods for money, credit, property, financial assistance or other thing of value, any plea or representation that such money, credit, property, financial assistance or other thing of value will be used for charitable or religious or commercial purposes. Such words shall also mean and include the following methods of securing money, credit, property, financial assistance or other thing of value: (1)
Any oral or written request;
(2)
The sale of, or offer, or attempt to sell any advertising space, book, card, chance, coupon device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the names of any charitable or religious person is used or referred to in such appeal as an inducement or reason for the making of any such sale, or when or where in connection with any such sale any statement is made that the whole or any part of the proceeds of such sale will go or be donated to any charitable or religious purpose. A solicitation shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.
Solicitor means any person or persons who intend to solicit or conduct solicitations.
Transient merchant means any person, firm or corporation, whether as owner, agent, assignee, or employee, whether a resident of the town or not, and whether located in one place or traveling either by foot, wagon, automobile, motor truck or any type of conveyance from place to place, from house to house, from street to street, who is taking or attempting to take orders for, or offering for sale, goods, wares, merchandise, personal property of any nature whatsoever for future delivery, or for 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 or not collecting advance payment on such sales. The definition shall include solicitor.
(Amend. of 2-6-12, § 18-58)
Sec. 18-259. - License required.#
(a)
No person shall sell or offer for sale any goods, wares, merchandise, ice cream, fruits, hotdogs, hamburgers, vegetables or other articles or substances on any street in the town from vehicles, carts or baskets or as a hawker and peddler without first having obtained a license from the town council.
(b)
No "hawker" or "peddler" shall sell or offer for sale any single good, ware or item having a retail value of more than $300.00. However, this dollar limitation shall not apply to any non-profit corporation duly authorized to do business in Rhode Island. A non-profit corporation means a non-profit corporation which has applied under 42 U.S.C. § 501(c)(3) for approval as a § 501(c)(3) corporation with the Internal Revenue Service, or has been so approved.
(c)
It shall be unlawful for any "solicitor" or "transient merchant" to engage in such business or related activity within the town without first having obtained a license from the town council.
(Amend. of 2-6-12, § 18-59)
Sec. 18-260. - License fees generally.#
(a)
For licenses issued under this article the person receiving the same shall pay to the town council fees which shall be set from time to time and are on file in the town clerk's office:
(1)
For selling or offering for sale as a hawker, peddler and/or solicitor, watches, jewelry, gold or silverware or patented medicines;
(2)
For selling or offering for sale as a hawker, peddler and/or solicitor, ice cream, vegetables, foodstuffs, goods, wares, merchandise, articles or substances other than those set forth in subsection (1) of this section, from vehicles, carts, wagons, handcarts or pushcarts, lunch carts, mobile canteens and other similar vehicles.
(b)
Charitable solicitation permit required: Exemptions. No person shall solicit contributions for any charitable or religious purpose within the town without having received a hawker's, peddler's and/or solicitor's license pursuant to the terms of this article; provided, however, that the provisions of this article shall not apply to any person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary profit of any such person, if the solicitations by such established person are conducted among the members thereof by other members or officers thereof voluntarily and without remuneration for making such solicitations, or if the solicitations are in form of collections or contributions at the regular assembly or services of any such person; provided further, however, that no person shall be deemed to be a member if such person is a member solely by reason of having made a contribution thereto.
(Amend. of 2-6-12, § 18-60)
Sec. 18-261. - Exemptions from payments of license fees.#
No fee shall be charged when the licensee has been licensed under sections 5-11-1 to 5-11-3 of the General Laws nor for any license issued to any person selling religious books and publications in behalf of Bible, tract or other religious or moral societies for the purpose of promoting religious or moral improvement, and which are sold for that purpose and not for pecuniary profit; nor to any butcher retailing meats, or to fishermen selling fish or shellfish from vehicles, carts, or otherwise; or to any person selling or peddling any tow cloth, knit stockings, gloves, mitts or other articles of household manufacture, or articles manufactured with his own hands; nor to any milkman, or to any farmer selling the produce of his farm, or selling both the produce of his farm and the produce of other farms.
(Amend. of 2-6-12, § 18-61)
Sec. 18-262. - Term and revocation of license.#
(a)
Each license under this article shall remain in force for a period of one year starting April 1 and ending March 31 the following year. Any license granted under this article may be revoked by the town council after notice and hearing, for violating the following:
(1)
Any fraud or misrepresentation contained in the license application;
(2)
Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license;
(3)
Any violation of this article;
(4)
Conviction of the licensee of any felony, or conviction of licensee of any misdemeanor involving moral turpitude;
(5)
Conducting the business licensed in an unlawful manner, or in such a way as to constitute a menace to the health, safety, morals or general welfare of the public.
(6)
No "hawker" or "peddler" shall sell or offer for sale any single good, ware or item having a retail value of more than $300.00). However, this dollar limitation shall not apply to any non-profit corporation duly authorized to do business in Rhode Island. A non-profit corporation means a non-profit corporation which has applied under 42 U.S.C. § 501(c)(3) for approval as a § 501(c)(3) corporation with the Internal Revenue Service, or has been so approved.
(b)
Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his or her last known address at least ten days prior to the date set for the hearing.
(Amend. of 2-6-12, § 18-62)
Sec. 18-263. - License to be nontransferable; license to be carried and displayed by licensee.#
(a)
No license under this article shall be transferable, nor shall it authorize a person other than the one to whom it was issued and named therein to act thereunder, provided that a licensee may employ a driver and such driver may operate on the license as long as he or she is registered with the town clerk as a driver for the licensee. Every licensee shall carry with him or her such license while engaged in peddling and produce the same when required by a state police officer, code enforcement officer, town clerk, town sergeant, town constable or member of the town council and failure on his or her part to produce the same forthwith shall be cause for the revocation of such license. A license shall be required for each vehicle, cart or wagon.
(b)
All persons to whom solicitor's licenses have been issued under this article shall furnish proper credentials to their agents and solicitors. Such credentials shall include the name of the license holder, the date of issuance, a statement describing the holder's charitable or business activity, the signature of the license holder's chief executive officer, the name of the solicitor or agent as to whom such credentials are issued, and the specific period of time during which the solicitor or agent is authorized to solicit or offer to sell on behalf of the license holder. A copy of such credentials shall be filed with the town clerk prior to the conducting of any solicitation within the town. No person shall solicit or sell under any license granted under this article without the credentials required by this section, and a facsimile copy of the permit in his or her possession.
(Amend. of 2-6-12, § 18-63)
Sec. 18-264. - Effect of failure to show license.#
Any person who, after demand by any state police officer, code enforcement officer, town clerk, town sergeant, town constable or member of the town council, shall neglect or refuse to exhibit to him or her his or her license shall be deemed for the purposes of this article to be unlicensed.
(Amend. of 2-6-12, § 18-64)
Sec. 18-265. - Penalty for noncompliance.#
All persons found to be in violation of any section of this article shall be subject to a penalty not exceeding, for any one offense, a fine of $50.00 or imprisonment not exceeding ten days.
(Amend. of 2-6-12, § 18-65)
Sec. 18-266. - Revocation or suspension of license.#
Failure of any licensee, its agents or employees to comply with any provision of this article or to comply with any lawful directive or order of any town officer or person identified in sections 18-263 and 18-264, in addition to the penalty set forth in section 18-265, shall be grounds for the revocation or suspension of the license by the town council after official notification by the council and public hearing thereon, the licensee to be given written notice of the hearing prior thereto.
(Amend. of 2-6-12, § 18-66)
Sec. 18-267. - Application procedure.#
(a)
All applicants for licenses required by this article shall file a written, sworn application with the town clerk. Such application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. Applications should be made, if possible, on forms available in the office of the town clerk. The application shall state:
(1)
The name, address and date of birth of the applicant;
(2)
The name and date of birth of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the town; the local address of such individual; the permanent address of such individual; the capacity in which such individual will act;
(3)
The name and address and date of birth of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;
(4)
The time period or periods during which it is proposed to carry on applicant's business;
(5)
The nature, character, and quality of the goods or services to be offered for sale or delivered; if goods, their invoice value and whether they are to be sold by sample as well as from stock; if goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
(6)
The nature of the advertising proposed to be done for the business;
(7)
Whether or not the applicant, or any individual identified in this application has been convicted of any crime or misdemeanor; if so, the nature of each offense and the penalty assessed for each offense.
(b)
All applications for hawker, peddler and/or solicitor licenses shall include, in addition:
(1)
One current 2" × 2" photograph of the applicant and all those conducting business under the license;
(2)
A description of any vehicle proposed to be used in the business, including the year, make, model, color and registration number.
(c)
All applicants for licenses required by this article shall attach to their application the following:
(1)
Credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
(2)
Applicants who propose to handle foodstuffs a current certificate from the State of Rhode Island, Department of Health.
(3)
A copy of a current state sales tax certificate for applicants whose activities require such under Rhode Island General Law Title 44 or provided to the town clerk as may be subject to the town council's approval of such license and prior to conducting of any business within town for which the application is being made.
(4)
Applicants who intend to conduct business in one location in the town, a letter approving the use of the designated location from the property owner, either public or private, on which the applicant will be conducting business from.
(d)
In the case of a charitable solicitation applicant:
(1)
The name, address or headquarters of the person applying for the license.
(2)
If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers.
(3)
The purpose for which such solicitation is to be made, and the use or disposition to be made of any receipts therefrom.
(4)
The names and addresses of the person or persons in charge of conducting the solicitation, and the names and addresses of any persons who will conduct such solicitation, together with a statement as to whether or not any such person has been convicted of any crime involving moral turpitude, and if so, nature of the offense, the date of such conviction and the sentence imposed, if any.
(5)
The dates upon which the license is requested for use indicating, if applicable, the special event for which application is sought.
(6)
The length of time for which the right to do business is desired.
(7)
The place and/or preferred designated area where the goods or property are proposed to be sold, or orders taken for the sale thereof is manufactured or produced, where such goods or products located at the time the application is filed, and the proposed method of delivery.
(8)
An outline as to the method to be used in conducting the solicitation.
(9)
The times when it is anticipated such solicitation will be made, giving the dates for the beginning and ending of such solicitation requested.
(10)
The most recent copy of the annual report and/or registration form filed with the director of the department of business regulations pursuant to the provisions of G.L. 1956, § 5-53.1-1 et seq.
(11)
If any representation is to be made in any solicitation that contributions are deductible pursuant to the provisions of the Internal Revenue Code of 1954, as the code has been, or may hereafter be, amended, a copy of the determination letter received by the organization from the Internal Revenue Service indicating that contributions made will be deductible as charitable contributions pursuant to the Internal Revenue Code of 1954.
(12)
Copy of charter received from state of incorporation, if any, and tax-exempt number.
(13)
A description of any cart, vehicle or other apparatus proposed for use in conjunction with the sale of goods or service.
(e)
Upon receipt of an application, the town clerk shall make an investigation of the applicant's business reputation and moral character.
(f)
The town clerk shall recommend approval of the application unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals or general welfare.
(Amend. of 2-6-12, § 18-67)
Sec. 18-268. - Standards of issuance of license.#
The following will constitute valid reasons for disapproval of an application by the town council: (1)
Applicant has:
a.
Been convicted of a crime of moral turpitude;
b.
Made willful misstatements in the application;
c.
Committed prior violations of ordinances pertaining to itinerant merchants, hawkers, peddlers, solicitors, and/or the like;
d.
Committed prior fraudulent acts;
e.
A record of continual breaches of solicited contracts;
f.
An unsatisfactory moral character.
g.
Failure to furnish information or approvals required by this article.
(Amend. of 2-6-12, § 18-68)
Sec. 18-269. - Operations of hawkers, peddlers and/or solicitors.#
There shall be no solicitation of motor vehicles while stopped in traffic and at traffic lights by hawkers, peddlers and/or solicitors, and hawkers, peddlers and/or solicitors shall not remain in a fixed location to attract business but shall cause the continual movement of themselves and, if applicable, their vending vehicles in a direction which would cause them to relocate to various locations within the town, except when such vending vehicle or pushcart is stopped to service customers or when located at the authorized location which the applicant will be conducting business from. Stopping to service customers shall be in a manner so as not to impede the normal and reasonable flow of traffic on any highway, walkway, or passageway within the town. Furthermore, no licensee hereunder shall use any device intended to signal or attract customers without first having the same approved by the town council.
(Amend. of 2-6-12, § 18-69)
Sec. 18-270. - Prohibited hours of business.#
(a)
Duly licensed hawkers and peddlers shall not pursue their business of hawking and/or peddling except between the hours of 7:00 a.m. and 7:00 p.m., local time, in the town.
(b)
No person shall engage in door-to-door solicitations before the hour of 9:00 a.m. nor after the hour of 7:00 p.m., local time, in the town.
(Amend. of 2-6-12, § 18-70)
Sec. 18-271. - Soliciting at residences where "No Solicitation" sign displayed.#
Any person residing in the town may prominently affix to the entrance of his or her residence a sign containing the legend "No Solicitation." Any person required to be licensed under the provisions of this chapter who shall make or attempt to make any solicitation or sale at a residence so marked shall be deemed to have violated the provisions hereof.
(Amend. of 2-6-12, § 18-71)
Sec. 18-272. - Solicitation in shopping centers.#
There shall be no solicitation by hawkers, peddlers and/or solicitors in parking lots in shopping centers unless they have the written permission of the owners of the shopping centers.
(Amend. of 2-6-12, § 18-72)
Sec. 18-273. - Obstruction of traffic prohibited.#
Hawkers, peddlers and/or solicitors shall not create a traffic hazard or block traffic while providing services on the side of the road.
(Amend. of 2-6-12, § 18-73)
Cross reference— Ch. 46, Art. III, Parking, Stopping and Standing.
Sec. 18-274. - Sanitary disposal units.#
Hawkers and/or peddlers shall provide their own sanitary disposal units.
(Amend. of 2-6-12, § 18-74)