[Amended 4-27-2015 by Ch. No. 1836]
As used in this article, the following terms
shall have the meanings indicated:
An occasional or periodic market, composed of three or more
vendors, with goods offered for sale to the general public by individual
sellers from open-air or semi-enclosed facilities or temporary structures,
said merchandise being limited to home-produced or locally grown farm
produce, food and agricultural crafts.
Any person, licensed in accordance with this article, who is selling or offering for sale any goods, wares or merchandise in accordance with § 186-21 of this article from a stationary location.
[Amended 7-8-2019 by Ch.
No. 1970]
Produce, plants, animal products and other products produced
in Rhode Island or within the Northeast food shed.
Any person, licensed in accordance with this article, who is selling or offering for sale any goods, wares or merchandise in accordance with § 186-22 of this article from a vehicle, cart, or any other conveyance which is not stationary.
[Amended 7-8-2019 by Ch.
No. 1970]
Any person licensed in accordance with this article as a
hawker or a peddler.
The purpose of this article is to protect the public health,
safety and general welfare through the regulation of vendors in the
Town of Westerly.
A.
Except as herein otherwise provided, all vendors desiring to sell or offer for sale as hawkers or peddlers any article or substance within the Town, and all hawkers and peddlers desiring to sell or offer for sale any goods, wares, merchandise, fruits or vegetables, or other articles or substances, shall first obtain a license therefore to be issued by the Town Clerk and to that end shall make application to the Town Clerk for such license. Upon the approval of the Chief of Police, such license may be issued to sell the articles or substances hereinbefore mentioned, except those articles or substances outlined in § 186-23.
[Amended 7-8-2019 by Ch.
No. 1970]
B.
Upon application for a vendor's license, all hawkers and peddlers
are required to submit the following: proof of state sales tax permit
from the Division of Taxation; proof of certificate of good standing
from Secretary of State, if an LLC or corporation; certificate of
ownership; proof of license and food manager certificate from the
state Department of Health (if applicable); two forms of identification
with address, one being the vehicle registration (if applicable) or
letter certifying residency from a homeless shelter or transitional
housing program in lieu of two forms of identification (if applicable);
notarized written consent from commercial property owner (if applicable).
C.
Any person applying for a hawker or peddler license under the provisions
of this article shall hold harmless the Town of Westerly, its officers,
agents and employees from any liability arising out of or in the course
of his or her business or the granting of a license for same.
For licenses so issued as aforesaid, the person receiving the same shall pay to the Town Clerk the fees specified in Chapter 121, Fee Schedule.
A.
In order to limit congestion, to ensure the safe passage of pedestrian
and vehicular traffic and to improve the quality of life of the citizenry,
it is necessary to control the number, location, and operation of
vendors in accordance with the provisions of this article.
B.
The number of peddler licenses issued and outstanding at any time
in the Town shall be limited to two licenses. The number of hawker
licenses issued and outstanding at any time in the Town shall be limited
to 10 licenses. However, a 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. Every licensee who has
obtained a license prior to the effective date of the article from
which this subsection derives 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 sections of this article and any applicable regulations. Any
licensee who fails to renew the license prior to the expiration date
shall not be entitled to renew the license unless and until there
is a license available. No new licenses shall be issued until the
total number of licenses issued is less than the maximum number set
forth in this subsection.
A.
Each license under this article shall remain in force for a period
of one year and expire on December 1 of the following year. Any license
granted under this article may be revoked by the Licensing Board after
notice and hearing, for the following violation:
(1)
Any fraud or misrepresentation contained in the license application;
(2)
Any fraud, misrepresentation, or false statement made in connection
with the business being conducted under the license;
(3)
Any violation of this article;
(4)
Conviction of the licensee of any felony, or conviction of licensee
of any misdemeanor involving moral turpitude;
(5)
Conducting the business licensed in an unlawful manner, or in such
a way as to constitute a menace to the health, safety, morals or general
welfare of the public.
B.
Notice of hearing for revocation shall be given in writing, setting
forth specifically the grounds of the complaint and the time and place
of the hearing. Such notice shall be mailed to the licensee at his
last known address at least 14 days prior to the date set for the
hearing.
No license under this article shall be transferable, nor shall
it authorize a person other than the one to whom it was issued and
named therein to act thereunder. Every licensee shall carry with him
such license and produce the same when required by the Chief of Police,
his designee, or a constable and failure on his part to produce the
same forthwith may be cause for the revocation of such license.
A.
A hawker who is selling or offering for sale any goods, wares, or
merchandise must be stationary and solely on commercial property.
[Amended 7-8-2019 by Ch.
No. 1970]
B.
If a hawker is not the owner of the commercial property on which
he will be located, said hawker must obtain the written and notarized
consent of the owner of the commercial real estate in order to locate
the activity on such real estate. Such consent shall be nontransferable
and personal to the licensee and effective for no longer than the
duration of the license issued to such licensee under this article.
Said consent shall be filed with the Town Clerk.
C.
There shall only be one hawker per lot and said hawker will be subject
to all other provisions of this article.
Peddlers 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
vehicular and pedestrian traffic.
A.
The hours of operation allowed for vendors will be limited to 8:00
a.m. to no later than 11:00 p.m.
C.
No peddler or hawker requiring a license under this article shall
attempt to sell or offer to sell wares by means of any loudspeaker
or other noisemaking device intended to attract public attention,
nor shall a vendor or other such person create a nuisance situation.
D.
No peddler or hawker shall permit the sale of "silly string," "snappers"
or other similar products, or any explosive devices such as bag bombs,
or other explosive products designed to be thrown against a hard surface
and explode, upon any street in the Town.
E.
No vendor will be allowed to sell or offer for sale any article,
goods or service within a crosswalk or within a fifty-foot radius
of any police or firefighter's memorial, or monuments constructed
or erected to memorialize those who dedicated or lost their lives
during wartime or armed conflicts.
A.
No license is required of any person selling religious books and
publications on behalf of bible, tract, or other religious or moral
societies for the purpose of promoting religious or moral improvement,
and which are sold for that purpose and not for pecuniary profit,
or of any person selling any articles of wearing apparel manufactured
with his or her own hand.
B.
Nothing contained in this article shall apply to milkmen or to farmers
selling the produce of their farms or the produce of other farms or
to farmers' markets.
