[HISTORY: Adopted by the Town Council of the Town of Glocester 7-10-1915, as amended 9-15-1957, 5-12-1988 and 7-21-1994 (Ch. II, § 12, 2-12-08, of the 1991 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- One selling or offering for sale any goods, wares or merchandise whatsoever on any public street, highway or right-of-way from a stationary location.
- One selling or offering for sale any goods, wares or merchandise whatsoever on any public street, highway or right-of-way from a vehicle, cart or any other conveyance which is not stationary.
Except as hereinafter provided, on and after the 26th day of July, A.D. 1915, all hawkers and peddlers desiring to sell or offer for sale as hawkers and peddlers any articles or substances within the Town of Glocester, and all persons desiring to sell or offer for sale any goods, wares, merchandise, fruits or vegetables or other articles or substances on any street in said Town, shall first obtain a license therefor to be issued by the Town Clerk of said Town, and to that end shall make application to the Town Clerk of said Town for such license therefor respectively as may be desired, and said Town Clerk may issue a license accordingly to such persons respectively to sell the articles and substances hereinbefore mentioned in such manner as shall be specified in such license, upon any street in said Town, or to hawkers and peddlers authorizing them to sell or offer for sale as hawkers and peddlers any articles or substances within said Town for the period from the date of such license until the first day of April next ensuing such date.
Conditions for issuance.
No such license shall be issued until the applicant for said license shall have filed with the Town Clerk a certificate under oath setting forth the following:
All persons offering for sale, taking orders for sale or selling any goods, wares, merchandise, or any other articles or substances on any street, highway or right-of-way within the Town shall make application to the Town Clerk for a license. Such application shall be made even if the applicant holds a state peddlers license, and upon approval of such application by the Town Clerk, the Town Clerk shall issue a license to such person to sell the articles or substances herein mentioned upon any street, highway, or right-of-way in the Town; provided, however, that no license to sell or offer to sell shall be issued for the sale of any meats, fruits, poultry, fish, vegetables or food products of a perishable nature unless all necessary state approvals have first been obtained by the applicant. All peddlers, hawkers, or other persons requiring a license under this chapter, who sell food or beverages of any kind or product for human consumption, shall, before the license is issued, have their truck, cart, or other equipment inspected and approved by all necessary state agencies; no beverages of any kind shall be sold other than in a single-service disposable-type container.
The application required in Subsection C shall specify the days and hours of such day during which the applicant wishes to operate, the goods and articles which will be sold, the year, make, model and registration number of any vehicle to be used and the location or locations at which the operation shall take place.
The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license. The Town Clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the Town Clerk shall deem appropriate. The Town Clerk shall maintain the other photograph with the application. Exception to this requirement may be allowed only under § 190-9, Special event licenses.
No such license shall be issued also until such time as the Chief of Police of said Town of Glocester shall approve the application of said license in writing; provided, however, that such approval shall not be unreasonably withheld. Failure on the part of the Chief of Police to object in writing within 14 days of the application with the Town Clerk shall be deemed to be an approval by said Chief of Police.
No person shall peddle or hawk within the Town or offer for sale, take orders for sale or sell on any street, highway, or right-of-way, within the Town, any goods, wares, merchandise, foodstuffs, flowers, magazines, subscriptions, books or any other articles or substances from any vehicle, cart, pushcart, basket or hand carried, without first obtaining a license from the Town Clerk.
No license issued pursuant to this chapter shall be transferable, nor shall it authorize any person other than the individual to whom it was issued and named therein to act thereunder; provided, however, a licensee may employ a driver and such driver may operate on the license as long as he/she is registered with the Town Clerk as a driver for the license. A separate license shall be required for each vehicle, cart or pushcart. Every licensee shall carry with him/her such license while engaged in peddling and produce the same when required by an inhabitant of the state or any person having a license under this chapter, and failure on his/her part to produce the same within 10 minutes shall be cause for the revocation of such license.
Every licensee shall wear, while engaged in any activity regulated by this chapter, the identification badge issued by the Town Clerk. Such identification badge shall be worn so that it is clearly visible. Violation of this subsection shall be cause for the revocation of the license issued under this chapter.
No license shall be required under this chapter for the following:
Peddlers or other persons requiring a license under this chapter 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; nor block traffic or create a traffic hazard.
There shall be no solicitation of motor vehicles while a motor vehicle is stopped in traffic or stopped at a traffic light or intersection. All peddlers, hawkers or other persons requiring a license shall be prohibited from blocking any sidewalk.
Hawkers shall be allowed only under the sections of this chapter entitled "Special event licenses".
The Chief of Police may, from time to time, submit to the Town Council locations, public streets, highways or rights-of-way throughout the Town which in his/her opinion, because of excess traffic and congestion, are rendered unsafe for the public welfare to allow the selling or offering for sale of merchandise by peddlers, hawkers, or other persons requiring a license under this chapter.
All peddlers shall be prohibited from selling or displaying goods at the following locations:
At the intersection of Route 44 and 102;
At the intersection of Route 44 and 100;
At the intersection of Route 100 and 102;
At the intersection of Route 44 and Douglas Hook Road;
At the intersection of Route 44 and Farnum Road;
At the intersection of Route 44 and Saw Mill Road;
At the intersection of Route 44 and Pine Orchard Road;
At no time shall any peddler, hawker, or other person requiring a license under this chapter impede the flow of pedestrian or vehicular traffic. The Chief of Police shall have the authority to suspend the operation of such licensee at any time and for such period of time where conditions exist that he/she deems it in the interest of public safety to do so, without prior request to the Town Council.
No licensee shall offer for sale at any Town-owned park or recreational area any goods or services, excepting on behalf of any nonprofit organization or nonprofit corporation, where no part of the income of such sale will be distributed to such persons, or the members, directors or officers of such nonprofit organization or nonprofit corporation. In addition, all such nonprofit organization and nonprofit corporations shall obtain a written permit from the Recreation Director in advance of making an application.
No peddler shall stop to service customers within 100 feet of any establishment offering for sale similar goods or services.
No peddler or hawker shall wear clothing that to the reasonable person shall be considered suggestive and/or offensive to the community.
No peddling, hawking or other activity regulated by this chapter shall be permitted anywhere in the Town, except between the hours of 9:00 a.m. and 8:00 p.m. in residential districts and between the hours of 9:00 a.m. and 9:00 p.m. in business districts and industrial districts; provided, however, that food, beverages or other products for immediate human consumption may be sold in industrial districts between the hours of 7:00 a.m. and 9:00 p.m.
No peddler, hawker, or other persons requiring a license under this chapter shall attempt to sell his/her wares by means of any loudspeaker, voice amplification system or electronic noisemaking device intended to attract public attention, nor shall he/she create a nuisance situation.
Each license to peddle or hawk shall expire on the first day of April each year, but may be revoked or suspended at any time by the Town Council for violation of any of the provisions of this chapter or for any other good cause.
A peddler, hawker, or other person requiring a license under this chapter while engaged in an activity regulated by this chapter, who shall neglect or refuse to wear the identification badge specified in this chapter or who shall neglect or refuse for a space of 10 minutes after demand by any inhabitant of the state or any other person having a license under this chapter, to exhibit the license, issued pursuant to this chapter, and allow the same to be read, shall, if sued or prosecuted under Title 5, Chapter 11 of the General Laws, be adjudged to pay the costs of such suit or prosecution, although it shall appear on trial that he/she had a license duly issued and in force at the time of the alleged offense.
Any person selling any goods, wares or merchandise in the Town of Glocester in violation of this chapter shall, upon conviction, be fined or imprisoned as provided in Chapter 1, General Provisions, Article II, Penalties; provided, however, that no person shall be fined more than $200 or imprisoned more than 10 days for such violation.
Enumerated. For the purpose of this chapter, the Town shall have three categories of licenses:
Category 1: those persons or business selling or offering to sell perishable foodstuffs and soft beverages;
Category 2: those persons selling or offering for sale articles or goods made by their own hands;
Category 3: those persons or businesses selling or offering for sale other articles of general merchandise or manufacture, including magazines and subscriptions.
Limitations. As of the effective date of the adoption of this section, the maximum number of licenses in each category shall be as follows: a maximum of five licenses in Category 1; a maximum of three licenses in Category 2; and a maximum of three licenses in Category 3; provided, however, that the reduction in the number of authorized licenses shall not be deemed to affect the right of any current license holder to continue to renew the license annually. All licensees who have obtained a license prior to the effective date of this section shall be entitled to annually renew the license, notwithstanding the limitations on the number of licenses authorized to be issued, so long as the licensee complies with all of the provisions of this chapter and any applicable regulations. Any licensee who fails to renew his/her license prior to the expiration date shall not be entitled to renew the license unless and until there is a license available in the category applied for. No new licenses in any of the categories shall be issued until the total number of licenses issued for a specific category is less than the maximum number set forth above.
Vacancies. The Town Clerk shall maintain a list of persons interested in obtaining each category of license and, upon the occurrence of a vacancy in such category, shall notify the person whose name appears first on the waiting list of such category of the availability of a license. If the person so notified fails to make application within 10 days after notification, the Town Clerk shall remove that person's name from the list and notify the person whose name appears next on said list until an application is received. In the event that the Town Clerk does not approve the application; any applicant may appeal to the Town Council within 30 days of the date of any denial by the Town Clerk of any such application. In order to be considered by the Town Council, any such appeal must be properly delivered in writing by the applicant no later than the close of business on the Monday immediately preceding the next Town Council agenda meeting.
In addition to the other licenses referred to in this chapter, the Town Clerk shall have the authority to issue special event licenses that shall include any parade, concert, carnival, festival or other event as may be designated by the Town Council. Such licenses shall authorize the holder to engage in activities similar to those regulated by this chapter and shall subject the holder thereof to all of the provisions of this chapter with respect to such activities.
In addition to the other licenses referred to in this chapter, the Town Clerk shall have the authority to issue a hawkers license(s) to the premises of a nonprofit farm cooperative agency(ies) jointly with an applicant for the sale of vegetables, fruits and flowers.