The text
Footnotes:
--- (2) --- Editor's note— An ordinance of April 13, 2015, amended article II in its entirety to read as herein set out. Former article II, §§ 58-31—58-41, pertained to similar material and derived from the Code of 1967, §§ 20-1—20-10 and an ordinance of May 13, 1996
Sec. 58-31. - Authorization to issue licenses and regulations.#
The town council is authorized by G.L. 5-11-18 as amended 95-246 "to provide, by ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddler on a daily, weekly, monthly or annual basis, to establish reasonable fees therefor not to exceed $500.00 per year and to promulgate by ordinance reasonable rules and regulations with regard to the placement, duration, location, number and operation of these licenses within the Town of Tiverton."
(Ord. of 4-13-15)
Sec. 58-32. - "Hawkers," "peddlers" and "door-to-door salesman" defined.#
For purposes of this chapter a hawker is any person selling or offering for sale, any goods, wares or merchandise whatsoever including any food or beverage, on any public street, highway or public right-of-way in the state from a stationary location. For purposes of this chapter, a peddler is any person selling or offering for sale, any goods, wares, or merchandise whatsoever, including any food or beverage, from a vehicle, cart or any other conveyance which is not stationary. For purposes of this chapter, door-to-door salesman are persons who deliver goods, wares or merchandise to customers for which payment has already been made or is to be made at the time of delivery.
(Ord. of 4-13-15)
Sec. 58-33. - Exceptions.#
The Town of Tiverton shall not require a license for persons selling door-to-door, or persons selling farm or garden produce, including flowers that they grew, or persons selling works of art or crafts of their own making. Peddlers and hawkers shall not include students of a Tiverton public or private school, members of youth groups, church groups, fraternal and benevolent organizations located within the town and organized teams or sports leagues engaged in group fund raising. The Town of Tiverton shall not require a license for milkmen, nor vendors of ice or newspapers.
(Ord. of 4-13-15)
Sec. 58-34. - Licenses—Required.#
Except as otherwise provided by this article, all hawkers and peddlers desiring to sell or to offer for sale as hawkers and peddlers any articles or substances within the town and all persons desiring to sell or to offer for sale any goods, wares, merchandise, ice cream, or other articles or substances on any street in the town shall first obtain a town license therefore, to be issued by the town clerk, and to that end shall make application to the town council for such license therefore, respectively, as may be desired, and the town clerk, after the granting of such application by the town council, may issue a license accordingly to such persons respectively to sell the articles and substances herein before mentioned in such manner as shall be specified in such license, upon any street in the town, or to hawkers and peddlers authorizing them to sell or to offer for sale as hawkers and peddlers any articles and substances within the town.
In no event shall the privileges of a hawkers and peddlers license be exercised by any holder within 500 feet of any public beach area not at any designated town recreation area except by team leagues or organized youth groups conducting approved recreation activities at the recreation area.
(Ord. of 4-13-15)
Sec. 58-35. - License duration and fee.#
(a)
Non-Tiverton resident fees:
One day .....$10.00
One week .....20.00
One month .....50.00
One year .....100.00
(b)
Tiverton resident fees: .....
One day .....$5.00
One week .....10.00
One month .....20.00
One year .....40.00
Application for a license shall be made to the town clerk. After review, the town clerk may issue licenses for one day or one week upon payment of the appropriate fee, or refer the application to the town council for approval. Application of license for one month or one year shall come before the town council for approval.
(Ord. of 4-13-15)
Sec. 58-36. - Restriction.#
The town clerk and/or the town council may restrict the number of licenses and place reasonable restrictions with regards to the placement, duration, location, and operation of the licensee based upon the following criteria: (1)
Vehicular and pedestrian safety;
(2)
Location in relation to a permanent business selling similar products;
(3)
Location in relation to town recreation areas, schools, or church;
(4)
Noise;
(5)
Waste or trash to be generated.
(Ord. of 4-13-15)
Sec. 58-37. - Same—Transferability.#
No license issued under provisions of this article shall authorize any person other than the one named therein to act thereunder and no such license shall be transferable. No person licensed a hawker or peddler may have employees, helpers or assistants work with him or temporarily take his place unless such person is similarly licensed.
(Ord. of 4-13-15)
Sec. 58-38. - Badge.#
(a)
Required; deposit. Every person licensed under this article shall also obtain from the town clerk a badge and shall at all times while engaged in the business for which he is licensed wear such badge conspicuously on their clothing. Such badge shall bear a number, which shall correspond to the badge number marked on the license, and shall be issued upon the deposit of $3.00 to such person as shall obtain a license bearing such badge number, and upon the surrender of such badge to the town clerk such deposit shall be returned and the license thereby revoked.
(b)
Wearing after expiration or revocation of license; use by others. No person shall wear any badge referred to in the preceding section after the expiration or revocation of the license represented by it, and any licensed person who shall suffer any badge issued to him to be used by another person for a purpose similar to that for which the badge was issued to him, shall forfeit such badge, together with the license represented by it.
(c)
Refusal to exhibit license and badge. Any person who shall neglect or refuse for the space of ten minutes after demand by any police officer to exhibit to him his license and badge, shall be deemed for the purpose of this division to be unlicensed, and to have violated the provisions of this article.
(Ord. of 4-13-15)
Sec. 58-39. - Expiration.#
All annual licenses issued under this article shall expire one year from the date of their issuance unless renewed by the applicant.
(Ord. of 4-13-15; Ord. of 9-26-23(1))
Sec. 58-40. - Revocation.#
Any license issued under the provisions of this article may be revoked at the pleasure of the town council.
(Ord. of 4-13-15)
Sec. 58-41. - Hawking or peddling without a license.#
Every person, unless licensed as herein before required, who shall as a hawker and/or peddler, sell or offer for sale any goods, wares or merchandise whatever, including food and beverages shall be fined not less than $50.00 nor more than $100.00.
(Ord. of 4-13-15)
Sec. 58-42. - Penalties.#
Any person violating any of the provisions of this article or restriction or provisions of his license shall be subject to not less than $20.00 nor more than $100.00 for each offense.
(Ord. of 4-13-15)