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)