[Adopted 4-9-1973(Ch. I, Sec. 1,
of Title Two of the 1965 Code)]
As used in this article, 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.
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.
The Police Chief of the Town of Barrington or their duly
authorized representative.
The meaning commonly accepted therefor.
[Added 2-11-1985 by Ord. No. 85-1]
The meanings commonly accepted therefor.
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, religious, political
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: any oral or written request; or 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.
[Amended 2-11-1985 by Ord. No. 85-1]
The Town Council of the Town of Barrington.
Any person, firm or corporation, whether as owner, agent,
assignee or employee, whether a resident of the Town or not, traveling
by foot, wagon, automobile, motor truck or any type of conveyance
from place to place, from house to house, from street to street, 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 they are collecting
advance payment on such sales.
[Amended 4-6-2009 by Ord. No. 2009-2]
No person shall engage in door-to-door solicitations
neither before the hour of 9:00 a.m. nor after 9:00 p.m.
[Amended 4-2-2012 by Ord. No. 2012-2]
No person shall solicit contributions for any
charitable cause or purpose within the Town of Barrington without
having received a permit pursuant to the terms of this article; provided,
however, that the provisions of this article 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 with remuneration for making such solicitation, or if the solicitations
are in 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.
[Amended 7-1-2013 by Ord. No. 2013-4]
A.
It shall
be unlawful for any transient merchant to engage in the business of
hawking or peddling within the Town of Barrington without first obtaining
a permit therefor in compliance with the provisions of this article.
B.
It shall
be unlawful to frequent any public place with the intention to obtain
money or other things of value from another or others by illegal or
fraudulent schemes, tricks, artifices, or devices.
An application for a permit pursuant to this
article 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 15 days prior to the
time when the permit applied for shall become effective. The application
herein required shall contain the following information or, in lieu
thereof, a detailed statement of the reason or reasons why such information
cannot be furnished:
A.
In the case of a charitable solicitation permit:
(1)
The name, address or headquarters of the person applying
for the permit.
(2)
If the applicant is not an individual, the names and
addresses of the applicant's principal offices and managers.
(3)
The purpose for which such solicitation is to be made
and the use or disposition to be made of any receipts therefrom.
(4)
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, the nature of the
offense, the date of such conviction and the sentence imposed, if
any.
(5)
An outline as to the method or methods to be used
in conducting the solicitation.
(6)
The times when it is anticipated such solicitation
will be made, giving the dates for the beginning and ending of such
solicitation requested.
(7)
The most recent copy of the annual report and/or registration
form filed with the Director of the Department of Business Regulations
pursuant to the provisions of § 5-53-1 et seq. of the Rhode
Island General Laws (as amended).
(8)
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 same 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.
B.
In the case of a transient merchant:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address
of the applicant.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer,
together with the credentials establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
The place where the goods or property proposed to
be sold or orders taken for the sale thereof are manufactured or produced,
where such goods or products are located at the time said application
is filed and the proposed method of delivery.
(7)
The length of time the applicant has engaged in such
business and the dates and places they have been engaged therein during
the preceding five years.
(8)
A statement as to whether or not the applicant holds
a state license for such sales.
(9)
A statement setting forth the dates of licenses granted
to the applicant by the Town for the preceding five years.
(10)
A 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.
D.
If, while any application is pending or during the
term of any permit granted thereunder, 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.
Upon compliance with the provisions of § 124-5, the Police Chief shall issue a permit to the applicant for the period requested, provided that the period shall not exceed one year from the date of issuance.
The 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 thereunder, together with a statement
that the permit does not constitute an endorsement by the Town of
Barrington or any of its departments, officers or employees of the
purpose of the person conducting the solicitation or sale.
Any permit issued under this article shall be
nontransferable and shall be returned to the Police Department within
two days of its expiration, together with all facsimile copies thereof.
All persons to whom permits have been issued
under this article 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
executive officer, the name of the solicitor or agent to whom such
credentials are issued, and the specific period of time during which
said 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 them 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 article without the credentials
required by this section and a facsimile copy of said permit in their
possession. Said credentials and facsimile copy of the permit shall
be shown upon request to all persons solicited or to any police officer
of the Town of Barrington.
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 permit granted by this article 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 of Barrington
may affix to the entrance of their residence a sign approximately
four inches square containing the legend "No Solicitations." Any person
required to be licensed under the provisions of this article 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.
[Amended 7-7-2008 by Ord. No. 2008-6; 10-2-2017 by Ord. No. 2017-15]
Any person who violates the provisions of this
article or who files, or causes to be filed, an application for a
permit under this article containing false or fraudulent statements
or who utilizes or employs fraudulent means in connection with any
solicitation or sale shall be fined not more than $500.
