The text
Footnotes:
--- (5) --- Cross reference— Streets and sidewalks, Ch. 18.
State Law reference— Home solicitation sales, G.L. 1956, § 6-28-1 et seq.
Sec. 11-126. - Permit required.#
No person shall solicit or call from house to house in the town to sell or attempt to sell goods by sample or to make or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever, or take or attempt to take orders for services to be furnished or performed in the future, or soliciting for any other business purpose, without first having received a written permit therefor.
(Ord. of 11-24-70(1), § 17-1)
Sec. 11-127. - Application for permit.#
(a)
Any person desiring a permit to canvass or solicit in the town shall file, on a form to be supplied by the chief of police, an application with the chief of police or officer in charge at police headquarters, stating:
(1)
Name of applicant;
(2)
Permanent home address;
(3)
Name and address of employer or firm represented;
(4)
Place or places of residence of applicant for preceding three (3) years;
(5)
Date on which he desires to commence canvassing or soliciting;
(6)
Nature of merchandise to be sold or offered for sale, or the nature of services to be furnished; or nature of any other business purpose;
(7)
Whether or not the applicant has ever been convicted of a crime, misdemeanor, or violation of any ordinance concerning canvassing, or soliciting, and if so, when, where, and the nature of the offense.
(b)
The application shall be accompanied by two (2) passport size photographs of the applicant.
(c)
The application shall also be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant, certifying that the applicant is authorized to act as the employer's representative.
(d)
No such application shall be filed more than six (6) months prior to the time such canvassing or soliciting shall commence.
(Ord. of 11-24-70(1), § 17-2)
Sec. 11-128. - Application fee.#
Upon the filing of the application for a permit required by the provisions of this article, a fee of five dollars ($5.00) shall be paid by the applicant to the town clerk for the use of the town to defray the cost of investigating, fingerprinting, processing and issuing the permit.
(Ord. of 11-24-70(1), § 17-3)
Sec. 11-129. - Investigation; issuance of permit; term.#
The chief of police shall cause such investigation to be made of the applicant's business and moral character as he deems necessary for the protection of the public good. This investigation shall include the fingerprinting of the applicant. If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse his disapproval and the reasons therefor on the application and the permit shall not issue. If, as a result of such investigation, the applicant's character and business responsibility is found to be satisfactory, the chief of police shall endorse his approval and execute a permit to be formally issued by the town clerk. The permit shall show the name, address, photograph and thumb print of the permittee, the kind of goods or services to be sold or performed thereunder, the date of issuance and the date on which the permit shall expire, which shall be December 31 of the year in which issued. The permit shall be signed and sealed by the town clerk.
(Ord. of 11-24-70(1), § 17-4)
Sec. 11-130. - Hours for canvassing or soliciting; display of permit.#
No canvassing or soliciting shall be done except during reasonable hours. The permittee shall carry the permit with him at all times while canvassing or soliciting and shall exhibit the same to any person upon request.
(Ord. of 11-24-70(1), § 17-5)
Sec. 11-131. - Revocation of permit; notice and hearing.#
(a)
Permits issued under the provisions of this article may be revoked by the town council after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained in the application for permit;
(2)
Fraud, misrepresentation, or false statement made in the course of carrying on his business as solicitor or as a canvasser;
(3)
Any violation of this article;
(4)
Conviction of any crime or misdemeanor involving moral turpitude, or of any ordinance concerning soliciting or canvassing;
(5)
Conducting the business of soliciting, or of canvassing, 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.
(b)
Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint, and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least five (5) days prior to the date set for hearing.
(Ord. of 11-24-70(1), § 17-6)
Sec. 11-132. - Business and charitable exemptions.#
(a)
This article shall not affect any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business, to the premises of persons ordering or entitled to receive same.
(b)
The provisions of this article shall not affect any charitable campaign to be conducted within the town, approved by the town council.
(Ord. of 11-24-70(1), § 17-7)
Sec. 11-133. - Public solicitations for charitable, benevolent or patriotic purposes.#
(a)
Definitions. As used in this section:
Charitable, benevolent or patriotic purpose means and includes, but shall not be limited to, the purpose of ministering to the material or spiritual needs of human beings in the United States or elsewhere, or of relieving suffering of animals, or of inculcating patriotism;
Donations means and includes money, goods, wares, merchandise or any other thing of value, and contributions or financial assistance of any kind whether given as a gift or in exchange for any thing or object, entertainment, exhibition or other inducement to such donation;
Person means and includes organization, society, association or corporation as well as the officers, employees, agents, representatives and solicitors thereof;
Publicly solicit means and includes solicitation upon the streets, in any public places, by telephone or house to house or office to office canvassing;
Subscriptions means and includes promises to pay any sum of money or to deliver any goods, wares, merchandise or other thing of value, or to render financial assistance of any kind, whether as a gift or in exchange for any thing or object, entertainment, exhibition or other inducement to such subscription. Cross reference— Definitions and rules of construction generally, § 1-2.
(b)
Scope and construction. This section and its regulations shall not apply to any solicitation of funds conducted by any religious or fraternal organization among its own members or to any solicitation of funds conducted by any charitable, religious or fraternal organization approved by the town council by resolution.
(c)
Permit required. No person shall publicly solicit donations or subscriptions for any charitable, benevolent or patriotic purpose in the town without having a permit therefor issued by the chief of police as provided in this section.
(d)
Permit application. Every applicant for a permit shall furnish to the chief of police the following information:
(1)
The name and residence address of the applicant;
(2)
The names and addresses of all the officers and directors of the organization, society, association or corporation for which the applicant is authorized to solicit the donations or subscriptions;
(3)
The name and purpose of the cause for which the permit is sought, and the method in which and the place where the funds or property received as donations or subscriptions are to be used or expended;
(4)
The time for which permission is sought and the localities and places of solicitation;
(5)
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation;
(6)
Such other pertinent information as the chief of police may require.
(e)
Permit prerequisite. No person shall receive or be issued a permit, under this section, to publicly solicit donations or subscriptions for charitable, benevolent or patriotic purposes unless, from the information submitted to the chief of police, he shall be of the opinion that:
(1)
The organization, society, association or corporation, for which the donations or subscriptions are sought, is comprised of or controlled by responsible persons who hold regular meetings and who are directly responsible for the finances and policy thereof;
(2)
Accurate records of receipts and disbursements of funds are kept;
(3)
Such donations or subscriptions are for truly benevolent, charitable or patriotic purposes, and the funds or property received as donations or subscriptions are to be used or expended for such purposes;
(4)
No excessive commissions, fees, wages or emoluments are paid to solicitors.
(f)
Permit issued without fee. The permit shall be issued by the chief of police without the payment of any fee.
(g)
Permit term. The permit shall be issued for any period not to exceed one (1) year from the date of issuance.
(h)
Permit revocation. The permit shall be subject to revocation by the chief of police at any time during such period if facts or circumstances exist which, had they existed or been known to the chief at the time of issuing such permit, the permit would have been denied under the provisions of this section.
(i)
Possession, display of permit. Each authorized solicitor shall receive from the chief of police a permit signed by the chief and shall bear such identification of the solicitor, to whom the permit is issued, as the chief shall deem necessary or proper. Such person shall carry the permit at all times when soliciting donations or contributions. He shall show such permit upon demand of any peace officer or of any person from whom a donation or subscription is solicited. Failure to show the permit upon demand shall be deemed a violation of this section.
(j)
Unauthorized soliciting. Any person who shall solicit under any permit issued to him as a solicitor of any organization, society, association or corporation of which such person is not at the time of such solicitation a duly authorized solicitor, or any person who shall solicit under a permit not issued to him, shall be deemed guilty of violating this section.
(Ord. of 11-24-70(1), §§ 17-9—17-16)
State Law reference— Solicitation by charitable organizations, G.L. 1956, § 5-53-1 et seq.
Sec. 11-134. - Penalty.#
Any person who violates any provision of this article shall, upon conviction thereof, be punished in accordance with section 1-8.
(Ord. of 11-24-70(1), §§ 17-8, 17-16)