[HISTORY: Adopted by the Town Council of the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 10-206 to 10-220 of the 1993 Code. Amendments noted where applicable.]
STATE LAW REFERENCES
Hawkers and peddlers — See R.I.G.L. § 5-11-1.1 et seq.
Door-to-door sales — See R.I.G.L. § 6-28-1 et seq.
Solicitation by charitable organizations — See R.I.G.L. § 5-53.1-1 et seq.
As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning:
- Includes the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic" or "fraternal," either actual or purported.
- Includes the receipt of anything of value, including the loan of money.
- DESIGNATED AREA
- In any application for a permit intended for use during any special event(s) within those areas so listed in § 174-14.
- Includes any individual, firm or partnership, corporation, company, association or joint-stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee or agent, or similar representative thereof.
- POLICE DEPARTMENT
- The Police Department of the Town.
- RELIGIOUS or RELIGION
- Shall have the meaning commonly accepted thereof.
- SOLICIT and SOLICITATION
- The request, either directly or indirectly, for money, credit, property, financial assistance or other thing of value, any plea or representation that such money, credit, property, financial assistance or other thing of value will be used for charitable or religious or commercial purposes. Such words shall also mean and include the following methods of securing money, credit, property, financial assistance or other thing of value:
- A. Any oral or written request;
- B. The sale of, or offer or attempt to sell, any advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose, or where the names of any charitable or religious person is used or referred to in such appeal as an inducement or reason for the making of any such sale, or when or where in connection with any such sale any statement is made that the whole or any part of the proceeds of such sale will go or be donated to any charitable or religious purpose. A solicitation shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.
- SPECIAL EVENT
- Any parade, concert, carnival, festival or other event as may be duly designated in § 174-13.
- TRANSIENT MERCHANT
- Any person, firm or corporation, whether as owner, agent, assignee or employee, whether a resident of the Town or not, and whether located in one place or traveling either by foot, wagon, automobile, motor truck or any type of conveyance from place to place, from house to house, from street to street, who is taking or attempting to take orders for, or offering for sale, goods, wares, merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether or not he is collecting advance payment on such sales. The definition shall include hawkers and peddlers.
No person shall solicit contributions for any charitable or religious purpose within the Town without having received a hawker's, peddler's and solicitor's permit pursuant to the terms of this chapter; provided, however, that the provisions of this chapter shall not apply to any person organized and operated exclusively for religious or charitable purposes and not operated for the pecuniary profit of any such person, if the solicitations by such established person are conducted among the members thereof by other members or officers thereof voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assembly or services of any such person; provided further, however, that no person shall be deemed to be a member if such person is a member solely by reason of having made a contribution thereto.
It shall be unlawful for any transient merchant or hawker and peddler to engage in such business within the Town without first obtaining a hawker's, peddler's and solicitor's permit therefor in compliance with the provisions of this chapter.
An application for a hawker's, peddler's and solicitor's permit pursuant to this chapter shall be made to the Police Department on a form provided by the Police Department. Such application shall be sworn to in duplicate and filed with the Police Department at least five days prior to the time when the permit applied for shall become effective. The application required in this chapter shall contain the following information or, in lieu thereof, a detailed statement of the reason why such information cannot be furnished.
In the case of a charitable solicitation permit:
The name, address or headquarters of the person applying for the permit.
If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers.
The purpose for which such solicitation is to be made, and the use or disposition to be made of any receipts therefrom.
The names and addresses of the person or persons in charge of conducting the solicitation, and the names and addresses of any persons who will conduct such solicitation, together with a statement as to whether or not any such person has been convicted of any crime involving moral turpitude, and if so, nature of the offense, the date of such conviction and the sentence imposed, if any.
The dates upon which the permit is requested for use, indicating, if applicable, the special event for which application is sought.
The length of time for which the right to do business is desired and whether the applicant seeks a daily, special event, or weekly permit.
The place and/or preferred designated area where the goods or property proposed to be sold or orders taken for the sale thereof is manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.
An outline as to the method to be used in conducting the solicitation.
The times when it is anticipated such solicitation will be made, giving the dates for the beginning and ending of such solicitation requested.
The most recent copy of the annual report and/or registration form filed with the Director of the Department of Business Regulation pursuant to the provisions of R.I.G.L. § 5-53.1-1 et seq.
If any representation is to be made in any solicitation that contributions are deductible pursuant to the provisions of the Internal Revenue Code of 1954, as the code has been or may hereafter be amended, a copy of the determination letter received by the organization from the Internal Revenue Service indicating that contributions made will be deductible as charitable contributions pursuant to the Internal Revenue Code of 1954.
Copy of charter received from state of incorporation, if any, and tax-exempt number.
A description of any cart, vehicle or other apparatus proposed for use in conjunction with the sale of goods or service.
In the case of a transient merchant or hawker and peddler:
The name and description of applicant.
The permanent home address and full local address of applicant.
A brief description of the nature of business and goods to be sold.
If employed, the name and address of the employer, together with the credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
The place where the goods or property proposed to be sold or orders taken for the sale thereof is manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.
The length of time applicant has engaged in such business and the dates and places he has been engaged therein during the preceding five years.
Statement as to whether or not the applicant holds a state license for such sales.
Statement setting forth the dates of licenses granted to the applicant by the Town for the preceding five years.
Statement as to whether or not the applicant has been convicted of any crime involving moral turpitude and, if so, the nature of the offense, the date of such conviction, and the sentence imposed, if any.
Copy of sales tax certificate issued by the state and sales tax number.
All such applications shall be accompanied by the fee established by the Town Council. However, no fee shall be charged any hawker and peddler who is exempt from payment by state law.
If while any application is pending or during the term of any permit granted pursuant to this chapter there is any change in fact that would alter the information given in the application, the applicant shall notify the Police Department in writing within 24 hours of such change.
Charitable solicitations. Upon compliance with the provisions of § 174-4B, the Police Chief shall issue a hawker's, peddler's and solicitor's permit to the applicant for the period requested, provided that the period shall not exceed one year from the date of issuance.
Transient merchants and hawkers and peddlers. Upon compliance with the provisions of § 174-4C, the Police Chief may issue a permit to the applicant for the period requested, provided that the period shall not exceed one year from the date of issuance. In making the determination as to whether to grant the permit, or in the case of any special event, as to the designated area to be assigned, the Chief of Police may consider the likely effect of the particular application on traffic, both vehicular and pedestrian, as well as the effect on public health, safety and welfare. No permit shall be granted which would pose a likely obstruction or hazard to vehicular or pedestrian traffic nor shall a permit issue which would otherwise jeopardize the public health, safety and welfare. If the applicant is denied a permit, the Chief of Police shall provide the reason therefor.
Special events. Daily special event permits must be obtained for use during any such event listed in § 174-13 hereof unless the applicant has obtained a yearly permit as described in § 174-14. In all cases where an applicant seeks a permit for use during a special event, the Police Chief may, in addition to all other requisites and considerations, grant permit applications for use only in a designated area as established in this chapter. In so doing, only one permit shall be assigned to a given designated area. The permittee shall be assigned to the designated area of his preference on a first-come, first-served basis unless a particular assignment to the requested designated area is determined by the Chief of Police to have a likely adverse effect on vehicular or pedestrian traffic or to pose a reasonable imminent threat to public health, safety and welfare.
Display of special event permit. Such special event permittee shall prominently display the special event permit issued pursuant to the terms of this chapter. This permit shall reflect the date and event for which the permit was issued, the duration of the permit, and the designated area of operation. Sales or other substantially related conduct by a permittee outside of the assigned designated area shall be deemed a violation of the terms of this chapter and shall be punishable as indicated in § 174-15.
The hawker's, peddler's and solicitor's permit shall bear the name and address of the person by whom the solicitation or sale is to be made, the number of the permit, the date of issuance, the dates within which the permit holder may solicit or sell, and in the case of a transient merchant, the kind of goods to be sold pursuant to such permit, together with a statement that the permit does not constitute an endorsement by the Town or any of its departments, officers or employees of the purpose of the person conducting the solicitation or sale.
Any hawker's, peddler's and solicitor's permit issued under this chapter shall be nontransferable and shall be returned to the Police Department within two days of its expiration, together with all facsimile copies thereof.
License requirements. Any person who intends to sell flowers at a location other than his principal place of business and who engages in the business of selling flowers on the streets or sidewalks of the Town shall be duly licensed for such purpose by the Police Department in accordance with the provisions of § 174-4. The preceding paragraph is not intended to prohibit the sale of flowers grown on the premises of a property owner.
Time for application. An application for a flower vendor's permit will be sworn to in duplicate and shall be filed with the Police Department no less than 21 days prior to the time when the permit applied for shall become effective.
Designated areas. Flower vendor permits shall specify the location where the flowers are intended to be sold. There shall be one permit issued per location. No flower vendor permit shall be granted for a location in the Town that is within 800 feet of a licensed retail florist or greengrocer, nor within 300 feet of places of worship, or places of worship 1/2 hour before, during or 1/2 hour after services or activities within such places of worship. No flowers shall be sold within 300 feet of the intersection of two or more arterial streets (those having a right-of-way width of 60 feet or greater) or from any location from which the activity would restrict or interfere with the ingress or egress of abutting property owners, create a public nuisance, increase traffic congestion or delay, constitute a hazard to life and property, or obstruct adequate access to fire, police or safety vehicles.
Expiration of permit. Flower vendors' permits shall expire within five days of the date of issuance.
All persons to whom hawker's, peddler's and solicitor's permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors. Such credentials shall include the name of the permit holder, the date of issuance, a statement describing the holder's charitable or business activity, the signature of the permit holder's chief executive officer, and the name of the solicitor or agent as to whom such credentials are issued, and the specific period of time during which the solicitor or agent is authorized to solicit or offer to sell on behalf of the permit holder. A copy of such credentials shall be filed with the Police Department at the time the application for permit is filed and must be approved by the Police Chief as conforming to the requirements of this section before such permit is issued. The names and addresses of all persons who shall solicit or sell on behalf of the permit holder shall be filed with the application. No person shall solicit or sell under any permit granted under this chapter without the credentials required by this section and a facsimile copy of the permit in his possession. The credentials and facsimile copy of the permit shall be shown upon request to all persons solicited or to any police officer of the Town.
Any person receiving money or anything having a value of $1 or more from any contributor or purchaser under a solicitation or sale made pursuant to a hawker's, peddler's and solicitor's permit granted by this chapter shall give the contributor or purchaser a written receipt signed by the solicitor or agent showing plainly the name and permit number of the person under whose permit the solicitation or sale is conducted, the date and amount received, and the goods or services purchased, if any.
Any person residing in the Town may affix to the entrance of his residence a sign containing the legend "No Solicitation." Any person required to be licensed under the provisions of this chapter who shall make or attempt to make any solicitation or sale at a residence so marked shall be deemed to have violated the provisions hereof.
No person shall engage in door-to-door solicitations before the hour of 9:00 a.m. nor after the hour of 7:00 p.m.
The following event is hereby declared to be a special event for the purposes of special event permit applications:
East Greenwich Summer Festival.
The Chief of Police shall designate public streets, parts of streets, and other areas as designated areas for the purpose of special event permits and shall file with the Town Council such designation.
[Amended 2-24-2020 by Ord. No. 894]
Any person who violates the provisions of this chapter or who files, or causes to be filed, an application for a hawker's, peddler's or solicitor's permit under this chapter containing false or fraudulent statements, or who utilizes or employs fraudulent means in connection with any solicitation or sale, shall, upon conviction, be fined not more than $500. However, any person who violates the provisions of this chapter by selling as a hawker, vendor or peddler without a permit, or who violates the terms of any permit issued, shall for each offense be fined $100.