DIVISION 3. - HAWKERS, PEDDLERS AND SOLICITORS
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (14) --- Editor's note— Ch. 1069, § 2, adopted November 4, 2019, amended Division 3 in its entirety to read as herein set out. Former Division 3, §§ 14-366, 14-367, 14-369—14-376, pertained to peddlers and solicitors, and derived from Code 1986, §§ 12-226—12-236; Ch. 961, § 1, 5-7-2012. Section 14-368 remains setout herein, per direction of the town.
Cross reference— Streets, sidewalks and other public places, ch. 66.
State Law reference— Hawkers and peddlers, regulation, G.L. 1956, § 5-11-1 et seq.
Sec. 14-365. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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. (example: commercial vendor selling from a "booth" at an event)
Peddler means any person selling or offering for sale any goods, wares, or merchandise from a vehicle, cart, or any other conveyance that is not stationary. (example: commercial vendor selling novelties from a push cart at an event)
Solicitor means any person that makes a request or a plea for contributions (as to a charity).
(Ch. 1069, § 2, 11-4-2019)
Sec. 14-366. - Exemptions; exceptions.#
The exceptions and exemptions in the application of this division in and by the general laws of the state are hereby declared and made, and no license shall be required of or fee charged to any person coming within such exception or exemption in G.L. 1956, § 5-11-18.
Mobile food establishments registered pursuant to division 4 of this article and chapter 11.1 of title 5 of the general laws of the state, and any regulations promulgated thereunder, are not hawkers or peddlers and are explicitly exempted from this division.
(Ch. 1069, § 2, 11-4-2019)
Sec. 14-367. - License.#
No person shall sell or offer for sale any goods, wares, merchandise, ice cream or other articles or substances on any of the streets of the town, or sell or offer for sale any fruit or vegetables from carts or baskets as hawker or peddler unless a license therefor shall first be granted to the person by the town council and issued by the town clerk. Authority for the issuance of such license is hereby conferred in the town clerk after the license has been granted by the town council. Any person intending to solicit door-to-door must also first register with the Narragansett Police Department.
(Ch. 1069, § 2, 11-4-2019)
Sec. 14-368. - Application.#
Any person desiring to sell or offer for sale any of the articles as classified in this division shall make application in writing to the town council for a license. The town clerk upon the granting of the application by the town council, shall issue a license accordingly to the person applying to sell or offer for sale the articles and substances mentioned in this section upon any of the streets in the town.
(Code 1986, § 12-228)
State Law reference— Forms of identification required, G.L. 1956, § 5-11-18.
Sec. 14-369. - Fees; display; revocation.#
A person issued a hawker, peddler or solicitor license under the provisions of this division shall pay to the town clerk an annual fee of $50.00 and for a license as hawker, peddler or solicitor for less than a year, a fee of $25.00 per day. Every person licensed under the provisions of this division shall at all times carry with him such license while engaged in hawking, peddling, soliciting or selling in any of the methods described in this section and shall produce the license whenever required by any sheriff, deputy sheriff, town sergeant, chief of police, constable or police constable, or by any member of the town council. Any failure on the part of such licensee to produce the license forthwith shall be cause for the revocation of such license.
(Ch. 1069, § 2, 11-4-2019)
State Law reference— Fee authorized, exemptions, G.L. 1956, § 5-11-18.
Sec. 14-370. - Transfer.#
No license granted under the provisions of this division shall confer any authority whatsoever upon any person other than the person named in the license to act thereunder, and such license shall be nontransferable.
(Code 1986, § 12-230)
Sec. 14-371. - Limitation on number issued.#
The number of peddler and hawker licenses issued and outstanding at any time in the town shall be limited to six licenses.
(Ch. 1069, § 2, 11-4-2019)
Sec. 14-372. - Not to remain in one location; exception.#
Peddlers shall be moving at all times except to service customers and shall not remain in any location awaiting patrons. Stopping for servicing customers shall be in a manner not to impede the flow of traffic and not within 100 feet of any establishment offering for sale similar goods or services. Nonmotorized peddlers may remain at a fixed location.
(Ch. 1069, § 2, 11-4-2019)
Note— Formerly § 14-373.
Sec. 14-373. - Customer-signalling devices.#
(a)
Peddlers and solicitor licensees may make reasonable announcement of such articles as they may have for sale, but loud outcries, horns and devices of a noisy character, liable to disturb or annoy inhabitants living upon the streets of the town shall be prohibited at all times.
(b)
Any customer-signalling device used by a licensee shall have prior approval of the chief of police.
(Ch. 1069, § 2, 11-4-2019)
Note— Formerly § 14-374.
Sec. 14-374. - Soldiers and sailors license.#
The provisions of this division shall apply to a soldiers and sailors license to peddle with the exception of section 14-371.
(Ch. 1069, § 2, 11-4-2019)
Note— Formerly § 14-375.
Sec. 14-375. - Penalties for violation of division.#
(a)
Any person selling or offering for sale any of the articles or substances described in this division as hawker or peddler, or any person who shall sell or offer for sale any goods, wares, merchandise, ice cream, fruit or vegetables, or other articles or substances, on any of the streets in the town without a license obtained under the provisions of this division shall be punished by the maximum fine provided in G.L. 1956, § 5-11-18.
(b)
The failure of any licensee to immediately comply with any direction issued by a member of the public safety department shall result in the revocation of the license.
(c)
Violation of any of the provisions of this division shall be punishable by the maximum fine as provided in G.L. 1956, § 5-11-18 and the revocation of the license.
(Ch. 1069, § 2, 11-4-2019)
Note— Formerly § 14-376.
State Law reference— Penalty authorized, G.L. 1956, § 5-11-18.