[Rev. Ords. 1989; Ord. No. 2012-8, November 5, 2012; Ord. No. 2013-09, September 18, 2013; Ord. No. 2014-11, November 3, 2014; Ord. No. 2016-01, January 4, 2016; amended 11-20-2019 by Ord. No. 2019-07]
State law reference — Peddlers, G.L. 1956, § 5-11-1
et seq.
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For purposes of this Article
V, the following definitions shall apply:
HAWK
To sell or to offer for sale any goods, wares, or merchandise,
including any food or beverage, on any public street, highway, or
public right of way in the state from a stationary location.
HAWKER
Any person selling or offering for sale any goods, wares,
or merchandise, including any food or beverage, on any public street,
highway, or public right of way in the state from a stationary location.
PEDDLE
To sell or to offer for sale any goods, wares, or merchandise from a vehicle, cart, or any other conveyance that is not stationary; provided, however, that "peddle" shall not include activities conducted by Mobile Food Establishments registered pursuant to Title 5, Chapter 11.1 of the Rhode Island General Laws entitled: the "State Mobile Food Establishment Registration Act," and Mobile Food Establishments are not regulated under this Article
V.
PEDDLER
Any person selling or offering for sale any goods, wares, or merchandise from a vehicle, cart, or any other conveyance that is not stationary; provided, however, that "peddler" shall not include Mobile Food Establishments registered pursuant to Title 5, Chapter 11.1 of the Rhode Island General Laws entitled: the "State Mobile Food Establishment Registration Act," and Mobile Food Establishments are not regulated under this Article
V.
(a) No person shall hawk or peddle on any public or private street, lane or road within the town or upon any undeveloped property or upon any area designed primarily for pedestrian passage without first having obtained a license issued by the town council pursuant to the provisions of this Article
V.
(b) At no time shall a peddler operate on town-owned roads, rights-of-way,
town property, beaches, shorelines or open space lands without the
specific special permission of the town council.
(a) All hawkers and peddlers shall make application on a form provided
by the town clerk, to the town council for a license. The town council
may approve or disapprove the issuance of any license, having in mind
the location of the operation, the type, form and size of the structure
or vehicle, cart or any other conveyance which is not stationary,
and the safety and welfare of the public at large. The town council
shall set the limits of the operating hours for each license.
(b) If approved by the town council, the town clerk shall issue a license
upon the payment of a fee of $50. Licenses shall be issued in the
name of one individual and for one location, if stationary, or one
vehicle, cart or other conveyance if not stationary. No license where
food products are involved shall be issued until all approvals required
by the state department of health are obtained.
(c) No more than one license may be issued to any one individual and
no such license may be transferred to any other individual, nor may
it be used at more than one location; provided, however, that any
individual currently holding a license or an individual applying for
a license may apply to the town council for permission to operate
at a different location under the license during the period commencing
November 1 and ending March 31.
(d) To be qualified, an applicant must prove that he or she meets the
following criteria, in addition to any other criteria that may be
imposed by regulations promulgated pursuant to this article:
(1)
The applicant must have been a resident of the town as defined in Chapter
2, §
2-2, for five consecutive years prior to the date of the original application.
(2)
The applicant must have been a qualified elector of the town
for five consecutive years prior to the date of application, unless
ineligible by reason of age.
(e) No license shall be issued without the hawker or peddler providing
proof that he or she has been issued a permit to make sales at retail
by the division of taxation.
(a) No license shall be 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,
which items are sold for that purpose and not for any pecuniary profit,
nor of any person peddling or selling any articles of wearing apparel
manufactured with his or her own hands.
(b) The provisions of this article are not intended to apply to individuals
14 years of age or younger so long as they are not operating in the
employ of someone over the age of 14.
(c) No license shall be required under §
8-111 of any person catering a private function on private property within the town.
Any license issued shall be valid for not more than one year
and shall expire at the end of the calendar year in which it is issued
unless sooner revoked or suspended.
Nonprofit organizations shall be allowed to apply under the same terms contained herein for a one-day license. If approved by the town council, the town clerk shall issue a license upon the payment of a fee in accordance with the then applicable licensing fee schedule as adopted by the town council and on file with the town clerk. The maximum number of licenses referred to in §
8-118 shall not apply to these one-day licenses.
Anyone who sells or offers for sale any goods, wares or merchandise
whatsoever, including food or beverages, without first obtaining a
license from the town council as provided in this article shall be
subject to a fine of $200.
A license issued under the provisions of this article may be
suspended or revoked for just and good cause after notice and hearing
before the town council.
Under the provisions of this article, the town council shall
be authorized, but not obligated, to issue a maximum of three licenses
in any one year. The maximum number of licenses for the following
calendar year shall be set by the town council at the first Monday
town council meeting which occurs in November.
(a) No hawker or peddler or tradesman of any kind shall sell or offer
for sale food or merchandise of any kind except in the permissible
operation areas designated by the town council on the list on file
with the town clerk. The permissible operation areas for the following
calendar year shall be set by the town council at the first Monday
town council meeting which occurs in November.
(b) The chief of police shall, from time to time, submit to the town
council streets which, in his opinion, because of excess traffic and
congestion, are unsafe for the selling or offering for sale of merchandise
by hawkers, peddlers and the like.
(c) At no time shall a hawker, peddler or the like impede the free flow
of pedestrian traffic or vehicular traffic. The chief of police is
hereby authorized to suspend the operation of hawkers, peddlers or
the like at any time and for such periods of time on streets and areas
where conditions exist that require him, in his opinion, in the interest
of public safety, to do so without a prior request to the town council.
(d) No license holder shall operate under a license issued herein except
during the hours set by the town council in connection with the issuance
of the license.
(e) Every individual license holder must be physically present onsite
to operate and conduct the activities permitted by the license for
a minimum of 75% of the actual hours of operation. Upon just and good
cause shown and upon application to the town council, the town council
may waive, reduce or otherwise alter this requirement.
(a) Within 30 days of the filing of an application for a license hereunder,
whether an original or renewal license, the town council shall take
action on the application and shall consider the applications in the
order in which they are completed in accordance with this article.
(b) Applicants who are denied licenses due to unavailability because of the issuance of the maximum number hereunder as provided for in §
8-118 or such other number as the town council may determine shall be placed on the waiting list as provided in §
8-123.
(c) In determining the fitness of the applicant to be licensed, hereunder,
the town council shall consider all information set forth in the application
to be filed and the solvency, financial standing, liability insurance
coverage and any other matter which the town council deems pertinent
to safeguard the public interest, including without limitation, the
applicant's compliance with town ordinances.
(d) Each license shall permit the sale of goods, wares or merchandise, including, if applicable, any food or beverage, at one geographic location in which the plan referenced in §
8-119 permits.
Upon the filing of an application for a license hereunder or
renewal thereof, the town clerk shall determine whether the application
is complete in accordance with the terms of this chapter. If the application
is incomplete, the town clerk shall forthwith notify the applicant
at the address contained in the application. When the application
is complete, the town clerk shall forward it to the town council for
action.
(a) Each license may be renewed on or after the first of each year, by
application made as provided in paragraph (b) below. An applicant
who is granted a license shall obtain the license from the town clerk
within 30 days of the granting of same or May 1 of the year for which
the license is granted, whichever is later. Otherwise the license
may be revoked by the town council.
(b) Each licensee who seeks to renew a license shall submit an application
between November 15 and December 1 of the year in which the license
was issued. Licensees seeking renewal of their licenses and who comply
with this section in a timely fashion shall be given preference for
the following year over applicants on the waiting list.
The town shall maintain a waiting list of applicants for licenses
under this article. Applicants who are denied licenses because of
the unavailability of additional licenses to be issued under this
article shall be placed on the waiting list in the order in which
applications are acted upon by the town council. When a license becomes
available, the applicant first on the waiting list shall be considered
next for a license, subject to the provisions of this article limiting
the number of licenses which may be issued hereunder as shall then
be effective.
[Ord. No. 2016-02, February
17, 2016, § 8-124]
Any individual holding a license may apply to the town council
for permission to operate for one day at a different location other
than the location authorized by the license in connection with single
events.