Chapter 46 - HAWKERS, PEDDLERS, DOOR-TO-DOOR SALESPERSONS AND MOBILE FOOD ESTABLISHMENTS

Footnotes:

--- (1) --- Editor's note— Section 1(Exh. A) of an ordinance adopted June 15, 2020, repealed ch. 46 in its entirety and enacted new provisions to read as herein set out. Former ch. 46, §§ 46-1, 46-21—46-30, 46-51—46-53, 46-61, 46-62, pertained to similar subject matter and derived from the 1982 Code, §§ 10-1—10-12; the 2003 Code, §§ 46-21—46-23, 46-41—46-47; and an ordinance adopted Feb. 18, 2020, § 1(Exh. A).

ARTICLE I. - IN GENERAL#

Sec. 46-1. - Purpose.#

The purpose of this article is to protect the public health, safety and general welfare through the regulation of hawkers, peddlers, door-to-door salespersons and mobile food establishments in the Town of Jamestown.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Secs. 46-2—46-20. - Reserved.#

ARTICLE II. - HAWKERS, PEDDLERS AND DOOR-TO-DOOR SALESPERSONS#

Sec. 46-21. - Definitions.#

Pursuant to chapter 11 of title 5, section 1.1 of the General Laws, as amended, the following words shall have the following meaning when used in this chapter.

Door to door salespersons means persons who deliver goods, wares or merchandise to customers for which payment has not already been made or is to be made at the time of delivery;

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 a stationary location; and

Peddler means any person selling or offering for sale any goods, wares or merchandise from a vehicle, cart or any other conveyance which is not stationary.

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 nonprofit corporation duly authorized to do business in Rhode Island. A nonprofit corporation means a nonprofit corporation that has applied under 26 U.S.C. § 501(c)(3) for approval as a § 501(c)(3) corporation with the Internal Revenue Service, or has been so approved.

Persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition are not hawkers or peddlers.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-22. - License required.#

No person shall sell or offer for sale any goods, wares, merchandise, as a hawker or peddler in the Town of Jamestown without first having obtained a license from the town council, unless specifically exempted pursuant to chapter 11 of title 5, section 18 of the General Laws, as amended.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-23. - Application for license to be made; license issuance.#

(a)

A person desiring a hawker or peddler license shall make application in writing to the town council. Application shall be made upon a form to be supplied by the town clerk. Such application must include the following information:

(1)

Proof that he or she has been issued a permit to make sales at retail by the state division of taxation and approval from the state health department, if applicable.

(2)

Written approvals of the police department, building official's office and any other applicable town department.

(3)

The exact days and hours of operation for the proposed license.

(4)

A detailed description of the nature of goods and/or articles to be sold.

(5)

The exact location of the proposed business, to include the plat and lot number where the business is to be located on property owned by other than the applicant, a sworn statement must be obtained by the owner consenting to the application.

(6)

The current zoning designation of the property.

(b)

It is further required that any person applying for a hawker or peddler license under the provisions of this chapter shall sign a hold harmless agreement indemnifying the Town of Jamestown, its officers, agents and employees from any liability arising out of or in the course of his or her business or the granting of a license for same.

(c)

The town council may issue a license only if, after a hearing thereon and in their sole discretion, that they find that the requested license will not disrupt the general health, safety, welfare or morals of the town and pursuant to the requirements of chapter 11 of title 5, section 1.1 of the General Laws, as amended, and as otherwise set forth in section 46-24, herein.

(d)

Persons licensed under this chapter shall remove all paper, cardboard, wood or plastic containers, wrappers or any similar type of litter deposited by the licensee or his/her customers. The licensee shall provide and use a waste container, of not less than ten-gallon capacity and not more than 30-gallon capacity for the placement of such litter. The licensee shall remove all waste and litter generated by the licensee and his or her customers on a daily basis.

(e)

The town clerk, upon a decision of the town council to grant a hawker or peddler license shall issue the license, the term of which shall expire on December 1 in the year when issued.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-24. - Investigation of applicant; grounds for denial or revocation of license.#

(a)

Upon receipt of the application by the town clerk's office, the chief of police or his or her designee shall undertake and complete within 30 days an investigation of the applicant's business and moral character and of the statements made in the application, as well as the applicant's proposed location.

(b)

The town council may, after a hearing thereon and in its sole discretion, either approve, reject or revoke such license or any application therefor. In reviewing any application for the issuance, renewal or revocation for a hawkers and/or peddlers license, the town council may consider any or all of the following factors:

(1)

The potential for traffic congestion.

(2)

The need in the community for the proposed license.

(3)

The zoning of the parcel in question and its compatibility with the proposed application.

(4)

The unsatisfactory moral character or business responsibility of the applicant.

(5)

Any other conditions which may prove to be inimical to the public health, safety and welfare of the town.

(c)

A license issued under this article may be revoked by the town council after notice and hearing for, but not limited to, any of the following causes:

(1)

Fraud, misrepresentation, omission or false statement contained in the license application.

(2)

Fraud, misrepresentation or false statement made by the person in the course of carrying on his or her business as a peddler or hawker.

(3)

Any violation of this chapter.

(4)

Conviction of any crime or misdemeanor involving moral turpitude.

(5)

Conducting the business of hawking or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(d)

Persons whose license has been revoked under this section may not reapply for a license within one year of the date of revocation.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-25. - License fees.#

(a)

Schedule. Every person upon making application shall pay to the town clerk the fees, which are established in appendix C.

(b)

Exemptions.

(1)

No license fee shall be charged where the licensee is exempt and has been licensed under G.L. 1956, § 5-11-18.

(2)

No license fee shall be charged where the licensee is non-profit corporation under 42 U.S.C. S 501(c)(3).

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-26. - Exemptions and limitations.#

(a)

No license is required from persons selling their own farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or craft show or exhibit, are not hawkers or peddlers and are not subject to the licensing requirements of this chapter.

(b)

No license fee shall be charged of any person selling religious books and publications on behalf of a bible, tract or other religious or moral society for the purpose of promoting religious or moral improvement, and are sold for that purpose and not for pecuniary profit.

(c)

No licensed 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.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-27. - Restrictions.#

(a)

Sales are prohibited in all areas of town unless otherwise licensed as a sub-applicant of a special event permit, under contract with the Town of Jamestown or non-profit corporation under 42 U.S.C. § 501(c)(3).

(b)

At no time shall a hawker or peddler impede the free flow of traffic. The chief of police or his or her designee is hereby authorized to suspend operation of hawkers or peddlers at any time and for such periods of time on streets and ways where conditions exist that require the chief of police, in his or her opinion, in the interest of public safety.

(c)

No hawker or peddler shall sell fireworks of any type.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-28. - Transferability of license.#

No license issued pursuant to the provisions of this chapter shall be transferable, nor shall it authorize a person other than the one to whom it was issued and named therein to act there under.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-29. - Display of license.#

A person holding a license issued pursuant to the provisions of this chapter shall carry it with him at all times while engaged in such business and shall produce it when required by any police officer and failure to do so shall be grounds to revoke his license.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-30. - Enforcement; penalties for offenses.#

(a)

Enforcement responsibility. The police department shall be responsible for the enforcement of the provisions of this article.

(b)

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished, for each violation, by a fine of not more than $500.00 or by imprisonment for not more than 30 days. The continuation of a violation of any provision of this article shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Secs. 46-31—46-50. - Reserved.#

ARTICLE III. - SOLICITORS#

Sec. 46-51. - Door to door solicitation prohibited.#

No person shall sell or attempt to sell his or her products or services by means of door to door solicitation, or employ or permit any other person to do so in the town.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-52. - Enforcement; penalties for offenses.#

(a)

Enforcement responsibility. The police department shall be responsible for the enforcement of the provisions of this article.

(b)

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished, for each violation, by a fine of not more than $500.00 or by imprisonment for not more than 30 days. The continuation of a violation of any provision of this article shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Secs. 46-53—46-60. - Reserved.#

ARTICLE IV. - MOBILE FOOD ESTABLISHMENTS#

Sec. 46-61. - Purpose.#

The purpose of this article is to fulfill the requirements of G.L. 1956, § 5-11.1-1 entitled "State Mobile Food Establishment Registration Act" and rules and regulations promulgated by the Rhode Island Department of Business Regulation pertaining to the municipal permitting of mobile food establishments.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-62. - Definitions.#

As used in this article, the following terms shall have the meanings indicated:

Mobile food establishment means a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. Mobile food establishment specifically includes, but is not limited to, food trucks, food carts, ice cream trucks/carts, and lemonade trucks/carts.

Mobile food establishment permit shall mean a permit issued by the Town of Jamestown to a mobile food establishment operator that possesses a current state mobile food establishment registration.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-63. - Municipal permit required.#

A mobile food establishment, upon presenting proof of having a state mobile food establishment registration issued by the Rhode Island Department of Business Regulation, shall be issued a municipal mobile food establishment permit to operate in the town from the town clerk.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-64. - Restrictions on mobile food establishment permits.#

The qualifications for a municipal mobile food establishment permit shall not exceed the qualifications for a state mobile food establishment registration required by the Rhode Island Department of Business Regulation. The fee for a municipal mobile food establishment permit shall not exceed the maximum fee set by the Rhode Island Department of Business Regulation. A single mobile food establishment permit shall be required to operate within the town and no additional permits shall be required for operation on more than one day and/or in more than one location in the same calendar year.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-65. - Compliance.#

The mobile food establishment shall comply with the town's land use regulations, and zoning, noise, or other ordinances in relation to the operation of a mobile food establishment, as well as all applicable statutes, rules, regulations and policies relating to food safety. Any violation of same shall be cause for suspension or revocation of a municipal food establishment permit.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-66. - Display of municipal mobile food establishment permit.#

The municipal food establishment permit shall be affixed to the mobile food establishment in a prominent place.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-67. - Permit fees.#

Every person upon making application shall pay to the town clerk the fees, which are established in appendix C.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-68. - Term of license.#

A mobile food license permit shall expire one year from the date on which the state registration was issued by the department of business regulation.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-69. - Permitted areas.#

Sales are prohibited in all areas of town unless: (1)

Licensed as a sub-applicant of a special event permit; or

(2)

Under contract with the Town of Jamestown.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-70. - Enforcement; penalties for offenses.#

(a)

Enforcement responsibility. The police department shall be responsible for the enforcement of the provisions of this article.

(b)

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished, for each violation, by a fine of not more than $500.00 or by imprisonment for not more than 30 days. The continuation of a violation of any provision of this article shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.

(Ord. of 6-15-2020(2), § 1(Exh. A))