ARTICLE III. - HAWKERS AND PEDDLERS (AND MOBILE FOOD ESTABLISHMENTS)
Part of the Code of Ordinances of West Warwick, RI.
The text
Footnotes:
--- (1) --- State Law reference— Local licensing of hawkers, peddlers, G.L. 1956, § 5-11-18.
Sec. 10-53. - Licensing; location restrictions.#
(a)
License required; approval of town council. All hawkers and peddlers and all persons selling or offering for sale any goods, wares, merchandise and other articles and substances within the town, other than mobile food establishments, shall make application for a license to the town council even if such person holds a state license under the provisions of G.L. 1956, ch. 5-11. Upon approval of such application by the town council, the town clerk shall issue the license upon payment of the license fee established by the town council.
(b)
Special licenses may be issued by clerk. In addition, the town clerk may issue special licenses for one or more days for such fees as the town council shall established from time to time.
(c)
Location restrictions. Any person seeking to hawk or peddle, or sell or offer for sale within the town any goods, wares, merchandise or other articles or any substances from carts, baskets, or vehicles, as hereinbefore mentioned, shall not do so within 1,000 feet of any established business licensed by the town to sell at retail the same types of items that are being sold by the licensed business, and in accordance with the provisions of this article, such person must obtain a license authorizing the activity.
(Code 1970, §§ 10-63—10-67; Ord. of 4-12-1938, §§ 1, 1A, 3; Ord. of 4-12-1948, § 2; Ord. of 3-14-1950, §§ 1, 1-A, 2; Res. of 3-5-1979; Ord. of 8-1-1995; Ord. No. 2013-46, 10-1-2013; Ord. No. 2019-2, 5-28-2019)
State Law reference— Local licensing of hawkers, peddlers, G.L. 1956, § 5-11-18.
Sec. 10-54. - Mobile food establishments.#
(a)
State and town permits required. No mobile food establishment shall be authorized to operate within the town without first obtaining a permit issued by the town clerk authorizing such operation; provided, however, that no permit shall be issued without the mobile food establishment having first obtained a state mobile food establishment registration from the department of business regulation.
(b)
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 establishments specifically includes, but is not limited to, food trucks, food carts, ice-cream trucks/carts, and lemonade trucks/carts.
(c)
Permit term. The term of the permit shall be for one year; provided, however, the term of the initial permit issued by the town shall expire on the same expiration date as the state mobile food establishment registration expires.
(d)
Permit fee. Every mobile food establishment for which a permit is required by this article, before receiving the same, shall pay to the town clerk such fees as shall be set from time to time by state regulation and resolution of the town council.
(e)
Display permit. The permit issued by the town must be prominently displayed where it can be seen by the consumer, in close proximity to the point of service for so long as the mobile food establishment shall be located in the town.
(f)
Mobile food establishments shall not be located within 500 feet of a food serving establishment or restaurant with a menu of food available similar to the menu of the mobile food establishment during the hours which such food serving establishment or restaurant is open for business.
(g)
Mobile food establishments hours of operation shall be limited to 7 o'clock a.m. to 11 o'clock p.m., provided however, that in the event the mobile food establishment is operation in conjunction with an activity to which a license or permit has be issued by the town council, the hours of operation of the mobile food establishment shall be the same as the hours of operation of the licensed or permitted activity.
(Code 1970, §§ 10-68—10-70; Ord. No. 2019-2, 5-28-2019; Ord. No. 2024-10, 8-13-2024)
State Law reference— Authority for town licensing of victualing houses, G.L. 1956, § 5-24-1.
Sec. 10-55. - Special license for resident veterans.#
The town clerk may issue without cost, for a term not exceeding one year, a license under this article to any resident of the town who shall have resided therein for one year or more and who has at any time served in a military organization in the United States or in the naval service of the United States, who has at any time served the United States of America faithfully and honorably in time of war, who shall present suitable evidence that he is the person who so served and produce a certificate of his honorable discharge.
(Code 1970, § 10-72; Ord. of 4-12-1938, § 9)
Sec. 10-56. - Scope of licenses; transfer.#
No license shall authorize any person otherwise than the one named therein to act thereunder; and no license shall be transferable, excepting that any such license may be transferred by the town clerk on the payment of a fee in the amount established from time to time by the town council.
(Code 1970, § 10-73; Ord. of 4-12-1938, § 10)
Sec. 10-57. - Failure to exhibit license.#
Any person who shall neglect or refuse for the space of ten minutes after being demanded by any police officer to exhibit to him his license shall be deemed to have violated the provisions of this Code.
(Code 1970, § 10-74; Ord. of 4-12-1938, § 12; Res. of 2-24-1983)
Sec. 10-58. - Hawking, shouting.#
(a)
All hawking or shouting by hawkers and peddlers for the purpose of barter or sale of anything enumerated in section 10-53 is hereby prohibited before 8:00 a.m. and after 7:00 p.m.
(b)
Where two or more persons are on one wagon or cart used in hawking and peddling, only those having licenses shall be permitted to hawk or shout, and in no case shall more than one of such licensees hawk or shout at the same time.
(c)
Hawking or shouting is hereby prohibited in the immediate vicinity of any house in which there is any person suffering from serious illness, after notice of the same from any person.
(d)
Hawkers and peddlers may make reasonable announcement of the merchandise which they have for sale, but loud, unnecessary outcries likely to disturb or annoy persons in the vicinity shall not be made at any place or time.
(Code 1970, § 10-75; Ord. of 4-12-1938, § 11)
Sec. 10-59. - Invitation required.#
It shall be unlawful for any peddler or itinerant person to go to any house within the town and to knock at or ring any bell thereof, or otherwise to induce the occupant thereof to come to or open any door thereof, for the purpose of buying or selling or offering to buy or sell, peddle or barter, or to leave thereat or take therefrom any chattels, wares or merchandise or for the purpose of delivering or leaving thereat any sample or inquiry concerning certain wares or merchandise for sale without permission of said occupants had or given. This section shall not be construed to affect any farmer or huckster with a vehicle who cries his wares along the street or any local tradesperson who takes orders for his wares for immediate delivery from his shop.
(Code 1970, § 10-76; Ord. of 4-12-1938, § 15)
Sec. 10-60. - Exemptions from regulations.#
Nothing herein contained shall apply to milk delivery persons nor to farmers selling the produce of their farms, or selling both the produce of their farms and the produce of other farms, nor to vendors of ice or newspapers.
(Code 1970, § 10-77; Ord. of 4-12-1938, § 16)
Sec. 10-61. - Exemption from fees.#
No fee shall be charged for licenses issued to any person selling religious books and publications in behalf of Bible, tract or other religious or moral societies for the purpose of prompting religious or moral improvement and which are sold for that purpose and not for pecuniary profit, or to butchers retailing meats or to fishermen selling fish or shellfish from carts or otherwise, or to any person peddling or selling any tow cloth, knit stockings, gloves, mitts or other articles of household manufacture, or articles manufactured with his own hands, or to any person who has been licensed according to G.L. 1956, § 5-11-7.
(Code 1970, § 10-78; Ord. of 4-12-1938, § 14)
Sec. 10-62. - Penalty.#
Any person violating any of the provisions of this article shall be imprisoned not more than ten days or fined not more than $20.00 for each offense.
(Code 1970, § 10-79; Ord. of 3-14-1950, § 3)
Sec. 10-63. - Filling stations.#
(a)
Permit required for pumps near streets. No person shall locate a pump to be used to distribute petroleum products or any attachment thereof within ten feet of the boundary line of a town or state highway, without first obtaining the permission of the town council. The council shall determine application for such permission upon the basis of public safety and may impose, upon permits granted, reasonable conditions to ensure public safety.
(b)
License required; application; issuance. Every person shall, before continuing or commencing to transact the business of operating a filling station, obtain from the town council a license for each filling station operated. Applications for filling station licenses shall be made to the council on forms to be obtained from the town clerk and the council, if satisfied as to the facts stated in the application, shall issue a license for each such filling station.
(c)
Scope of license; term. A filling station license shall entitle the owner to continue or commence to engage in the business within the town until the following July 1, providing the owner shall have complied with all ordinances or other state and town regulations regarding the location of pumps.
(d)
License fee. A filling station fee as shall be set from time to time by resolution of the town council for each license shall be submitted with the application for license.
(Code 1970, §§ 10-90—10-94; Ord. of 6-8-1937, § 31; Res. of 4-2-1979; Ord. No. 2013-46, 10-1-2013)
State Law reference— State licensing and regulations of filling stations, G.L. 1956, ch. 31-37.
Sec. 10-64. - Solicitors and canvassers.#
(a)
Registration required. It is unlawful for any person to engage in business as a canvasser or solicitor calling at residences without the previous consent of the occupant for the purpose of soliciting orders, sales, subscriptions, or business of any kind, or seeking for information or donations, without first having registered in the office of the town clerk. The registrant shall give his complete identification, his signature, the name of his organization or employer, the nature of the products or services in which he is interested, the names of the manufacturers of such products, or of the organization which he is representing, and the proposed method of operation in the town.
(b)
Fee. Each person engaging in business as a canvasser or solicitor shall pay to the town clerk a registration fee as shall be set from time to time by resolution of the town council.
(c)
Approval and appeal. Each applicant who shows evidence of good character and is granted a permit, and who pays the fee provided for herein, shall be furnished a certificate indicating that he has registered, and showing the dates covered by such registration. The town clerk will issue the permit only after approval of the police chief. If the police chief refuses to approve the permit, the applicant therefor may appeal to the town council, which matter will be put on the docket for the next regular council meeting.
(d)
Display of registration. Each person shall at all times while soliciting or canvassing in the town carry upon his person the registration certificate, and the same shall be exhibited by such registrant whenever he is required to do so by any police officer or by any person solicited.
(e)
Exceptions. The provisions of this article shall not apply to officers or employees of the town, county, state or federal government, or any subdivision thereof, when on official business.
(f)
Revocation. Any such registration may be revoked by the town council or the police chief because of any violation by the registrant of this article or of any other ordinance of the town or any state or federal law, or whenever the registrant shall cease to possess the qualifications and character required in this article for the original registration.
(g)
Violations and penalties. Persons who shall sell or solicit without a license heretofore issued as provided in this article shall be guilty of a misdemeanor and shall be punished by a fine of not more than $50.00.
(Code 1970, §§ 10-106—10-110; Ord. of 1-11-1977, §§ 1—5; Ord. No. 2013-46, 10-1-2013)
State Law reference— Solicitation by charitable organizations, G.L. 1956, ch. 5-53.