[Approved 1-26-1995 by Ch. No. 2376; amended in its entirety 8-21-2019 by Ch. No. 3202]
As used in this article, the following terms shall have the
meanings indicated:
Any person selling or offering for sale any goods, wares,
or merchandise, on any public street highway public right-of-way,
or private property in the state, from a stationary location.
Any person selling or offering for sale any goods, wares,
or merchandise from a vehicle, cart or any other conveyance which
is not stationary.
Any individual, organization, trust, foundation, group, association,
partnership, corporation, society, or any combination of them, whether
principal or agent:
Who shall sell or barter or carry for sale or barter or expose
any goods, wares or merchandise either on foot or from any animal,
vehicle or stand on or near the streets of the City, and shall include
but not be limited to the words "street vendor," "peddler" or "hawker";
or
Who shall engage in a temporary or transient business in the
City, either in one locality or in traveling from place to place,
selling goods, wares or merchandise, and who, for the purpose of carrying
on such business, shall hire, lease or occupy any building, land or
structure for the exhibition and sale of such goods, wares or merchandise
in the City, and shall include but not be limited to the words "itinerant
vendor."
Includes any exhibition and sale of goods, wares or merchandise
which is carried on in any tent, booth, building or other structure,
unless such place is legally open for business during usual business
hours for a period of at least nine months in each year.
A.
Except as excluded under the provisions of this article, it shall be unlawful for any person, as defined herein, to solicit, peddle, hawk or vend on a stationary, moving or itinerant basis within the City of Pawtucket without first obtaining a license from the City Council in compliance with the provisions of this article. This article shall specifically apply to those hawkers/peddlers selling miscellaneous merchandise. Any mobile food establishments or stationary food vendors must refer to Article II.
B.
Except as excluded under the provisions of this article, it shall
be unlawful for any person, as defined herein, to peddle any flower
or flowers in combination with other goods, wares or merchandise on
any public or private property without first obtaining a license from
the City Council in compliance with the provisions of this article.
The provisions of this article shall not apply to the following:
A.
Sales made by traveling sales agents who sell and supply goods, wares
and merchandise to established local businesses.
B.
Sales of goods, wares and merchandise for future delivery when full
payment is not required at the time of solicitation.
C.
Sales, distribution and delivery of milk, teas, coffees, groceries,
meats, bakery goods, pharmaceutical items and newspapers.
D.
Sales of products raised on any farm or garden located within the
City which is owned by the applicant.
E.
Sales by any person of any article of wearing apparel manufactured
with his or her own hands.
F.
Sales of goods, wares or merchandise on the grounds of any incorporated
agricultural society during any annual fair held by such society or
to any general sale, fair, auction or bazaar held or sponsored by
an ecclesiastical society or church corporation, or occasional tag
sales, yard sales or garage sales on premises devoted to residential
use, subject to existing provisions of the Code of the City of Pawtucket
regulating such activities.
G.
Sales of 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.
H.
Sales by representatives of any nonprofit organization operated exclusively
for religious, charitable, scientific, literary, historic or educational
purposes and exempt from taxation pursuant to federal and state law,
provided that the following conditions are satisfied:
(2)
The representatives abide by state tax regulations governing sales
by nonprofit organizations.
(3)
The representatives register with the City Clerk and provide proof
of the organization's tax-exempt status. A copy of such registration
certificate, for which there shall be no charge, shall be retained
and displayed conspicuously at the place where sales are conducted.
A.
Every person over 18 years of age desiring to solicit, peddle, hawk or vend on an itinerant basis in the City of Pawtucket, other than those persons expressly exempted in § 302-3 of this article, shall make application under oath to the City Clerk for a license on a form provided by the Clerk. Individuals seeking both a hawker's license and a peddler's license, as authorized pursuant to this article, shall be required to file separate applications and pay separate fees for said license(s).
B.
The application shall include but shall not be limited to the following
information:
(1)
Proof of compliance with all state requirements.
C.
The application must state the nature of the items to be sold and
the location where the hawker or peddler would conduct his or her
business. If utilizing private property, any person who is licensed
under the provisions of this article must present to the City Clerk,
and must retain a copy to keep in his or her possession, a notarized
letter from the owner of the property on which he or she is selling
authorizing the person to sell upon the property. This authorization
must be current and must state for how long the permission is granted,
but in no event will same authorization be valid for a period of more
than one year. All property listed in the application must be properly
zoned for such activity.
A.
Each license issued by the City Clerk shall not give authority to
sell goods, wares or merchandise in more than one place at the same
time and shall be valid only for the person/business in whose name
it is issued, unless sooner revoked or voided by reason of having
been obtained, held or used in violation of this article and/or Rhode
Island General Law.
B.
The fee for the issuance of a license granted pursuant to this article
shall be $75. Each location, stand or vehicle to be used by a person
shall be separately licensed, and the license fee chargeable hereunder
shall be paid for each such location, stand or vehicle.
C.
Upon proof by a commercial applicant to the City Clerk that he or she has an existing commercial situs located in the City of Pawtucket, then the fee for the issuance of the first license is $75 and any additional license or licenses granted pursuant to this article to that corporate applicant shall be $50 per additional license. Each separate license issued to a commercial applicant shall be subject to the provisions of Subsection A as expressly set forth herein.
The City Clerk shall, at the time of issuing a license, enter
upon a list kept for that purpose the name of the person so licensed,
the kind of license and the time of the expiration of the license,
and shall also furnish to any person who may request it a statement,
copied from that list, of all licenses as may be or may have been
in force during any period designated by the person requesting the
statement. In addition, records of all persons issued licenses shall
be made available by the City Clerk in order that residents may obtain
information concerning the person to whom such licenses have been
granted.
A.
In accordance with R.I.G.L. § 5-11-7, the City Council
may grant and the City Clerk may issue to a veteran, for a term not
exceeding one year continuously, a nontransferable license without
requiring payment of the license fee, provided that the veteran is
able to satisfy the following conditions:
(1)
The veteran has resided in the state for two consecutive years preceding
the date of application for such license.
(2)
The veteran served the United States of America faithfully and honorably
in time of war.
(3)
The veteran is able to present satisfactory evidence that he or she
is the person who so served and produce the certificate of his or
her honorable discharge from military service.
B.
Any person who makes a false representation for the purpose of obtaining
a license under this section shall be fined not more than $500, and
said license shall be automatically revoked.
All licenses issued under the provisions of this article shall
be for a term of one calendar year and shall expire on the first day
of March unless sooner revoked or voided under the provisions of this
article.
All licenses issued under the provisions of this article shall
authorize only the person named therein to sell and offer for sale
as aforesaid. No license issued under the provisions of this article
shall be transferable.
Each person licensed under this article may change his/her location,
or add a location, only after approval by the City Council, subject
to all requirements as set forth for a new license application. The
fee for said change of location or additional location application
shall be $25.
A.
Upon receipt of the application by the City Clerk's office, the Chief
of Police or his or her designee shall undertake and complete within
30 days an investigation of the applicant's business and moral character,
and of the statements made in the application, as well as, in the
case of street vendors as described in § 320-1, the vendor's
proposed location.
B.
The City Council may, in its sole discretion, either approve, reject
or revoke such license or any application therefor. In reviewing any
application for such license, the City Council may consider any of
the following factors:
(1)
The potential for traffic congestion.
(2)
The need in the community for the proposed license.
(3)
The zoning of the parcel in question and its compatibility with the
proposed application.
(4)
The presence of any similar businesses within the immediate vicinity
of the application.
(5)
Any other conditions which may prove inimical to the public health,
safety and welfare of the community.
C.
The City Council may, in its sole discretion, either approve, reject
or revoke such license or any application if, as a result of the investigation
performed by the Chief of Police or his or her designee, the applicant's
character or business responsibility is found to be unsatisfactory,
or if the applicant has been convicted of any crime, whether felony
or misdemeanor, or violation of a municipal ordinance within the previous
five years.
D.
A license issued under this article may be revoked by the City Council
after notice and hearing for, but not limited to, any of the following
causes:
(1)
Fraud, misrepresentation, omission or false statement contained in
the license application.
(2)
Fraud, misrepresentation or false statement made by the person in
the course of carrying on his or her business as a solicitor, canvasser,
street vendor, peddler or hawker.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling, soliciting or canvassing in
an unlawful manner or in such a manner as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
E.
Persons whose licenses have been revoked under this section may not
reapply for a license within one year of the date of revocation.
It is further required that any person applying for a license
under the provisions of this article sign a hold-harmless agreement
indemnifying the City of Pawtucket, 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.
A.
Each person granted a license in accordance with the provisions of
this article shall conspicuously exhibit the license at all times
while selling within the City limits.
A.
Peddlers:
(1)
No peddler or solicitor shall operate:
(a)
In a residential zone.
(b)
Within 1,000 feet of another mercantile establishment offering
the same or similar goods, wares or merchandise for sale.
(c)
Within 1,000 feet of any public or private school, municipal
building or municipal park.
(d)
Within 100 feet of driveways, bus stops or crosswalks.
(e)
Within 500 feet of any intersection.
(f)
Within 100 feet of any other street vendor, hawker or peddler.
(g)
In any metered parking area or no-parking zone.
(h)
In any area where his/her operation will be deemed by the Chief
of Police, or his/her designee, to endanger or inconvenience the general
public, including but not limited to sidewalk and roadside areas.
(i)
In a manner that obstructs or prevents the free and convenient
use of any street or sidewalk by pedestrian or vehicular traffic.
(2)
The City Council may modify the provisions of this section in order
to promote a special event which the City Council finds will benefit
the entire community.
(3)
No peddler or solicitor shall have an exclusive right to any location
in or near the public streets, nor shall be or she be permitted a
stationary location.
(4)
No peddler or solicitor shall operate on the following streets or
in the following areas:
B.
Hawkers:
(1)
No hawker shall operate:
(a)
At a stationary location for more than nine months each year.
(b)
Where there is a potential for traffic congestion.
(c)
In a residential zone or where the zoning of the parcel in question
is not compatible with the proposed application.
(d)
Within 1,000 feet of another mercantile establishment offering
the same or similar goods, wares or merchandise for sale.
(e)
Within 1,000 feet of any public or private school, municipal
building or municipal park.
(f)
Within 100 feet of any other hawker or peddler.
(g)
In any area where his/her operation will be deemed by the Chief
of Police, or his/her designee, to endanger or inconvenience the general
public, including but not limited to sidewalk and roadside areas.
(h)
In a manner that obstructs or prevents the free and convenient
use of any street or sidewalk by pedestrian or vehicular traffic.
(2)
The City Council may modify the provisions of this section in order
to promote a special event which the City Council finds will benefit
the entire community.
(3)
No hawker shall operate on private property without the written permission
of the owner of the property on which the operation is located, and
he or she shall conspicuously display this document at all times.
All licensees under this article shall be licensed to do business
only between the hours of 6:00 a.m. and 1:00 a.m., Monday through
Saturday, and from sunrise to sunset on Sundays and holidays.
A.
Each person licensed under this article shall:
(1)
Conduct himself or herself at all times in a quiet, orderly and lawful
manner.
(2)
Enter within any home only upon being expressly invited to do so
by an occupant thereof.
(3)
Leave any premises immediately upon the request of any occupant or
owner of the same.
(4)
Deliver as agreed or represented, and within a reasonable time and in good quality, all goods, wares or merchandise and perform in like manner all services for which he/she has been paid in whole or in part, except as provided in Subsection A(5).
(5)
Refund promptly any payment made to him/her if he or she shall find that it is not reasonably possible for him or her to comply with Subsection A(4), unless the refund shall be refused by the other party.
(6)
Give a written and signed receipt for all payments received by him/her,
stating the amount of the payment, a description of the goods, wares
or merchandise and/or services for which said payment was made, the
applicable sales tax and the total of all charges made or to be made
in connection with the same and when and in what amounts any additional
payments are to be made.
(7)
Maintain accurate and detailed records of all sales and applicable
sales tax charges.
B.
No person licensed under this article shall shout, make any outcry,
blow a horn or use any sound device, including any loudspeaking radio
or sound-amplifying device, for the purpose of attracting attention
to any goods, wares or merchandise which the person proposes to sell,
without specific authorization by the City Council.
C.
No person licensed under this article shall imply that having such
license constitutes an endorsement or recommendation of the City,
nor shall be or she advertise in any manner that he or she has obtained
a license from the City.
D.
No person shall be permitted to remain stationary on any public street
for a period exceeding 15 minutes.
A.
No person licensed under this article shall have in his/her vending
location any racks, placards, display boards, signs, vending tables,
vending pushcarts or other devices that are more than 60 inches tall
from the ground and/or umbrellas and canopies that are more than 84
inches from the ground.
B.
No person licensed under this article shall erect or display any
signs, goods, wares, merchandise or piece of equipment farther than
12 feet away from the vendor's location.
C.
No vehicle or stand or other item related to the operation of a vending
business described under this article shall touch, lean against or
be affixed to any building or structure, including but not limited
to lampposts, parking meters, mailboxes, traffic signal stanchions,
fire hydrants, tree boxes, benches, bus shelters, refuse baskets or
traffic barriers. All stands and equipment shall be of a portable
nature.
D.
Persons licensed under this article shall remove all paper, food,
cardboard, wood or plastic containers, wrappers or any similar type
of litter deposited by the licensee or his/her customers. The licensee
shall provide and use a waste container, of not less than ten-gallon
capacity and not more than thirty-gallon capacity, for the placement
of such litter. The licensee shall remove all waste and litter generated
by the licensee and his or her customers on a daily basis. It shall
be a violation of this article for any licensee to dispose of litter
in a municipal receptacle.
A.
It shall be the duty of any police officer or Zoning and Code Enforcement
Officer of the City to enforce the provisions of this article against
any person found to be in violation thereof.
B.
Any police officer who has probable cause to believe a person has
violated the provisions of this article may arrest any such person
and may also detain the goods, wares or other merchandise which the
person so arrested may have with him or her at the time of his/her
arrest for the purpose of hawking and peddling; and the arresting
officer so detaining the goods, wares or merchandise shall be allowed
a reasonable compensation for the safekeeping and care of the merchandise
and property, to be taxed in the costs of prosecution and conviction
for the offense.
Any person who shall neglect or refuse within a reasonable time
after demand by the Chief of Police, or his/her designee, or Zoning
and Code Enforcement Officer that said person exhibit his or her license
and badge shall be deemed to be unlicensed and to have violated the
provisions of this article.
A.
Any person violating any of the provisions of this article may be
fined the maximum allowed under Rhode Island General Law and the Pawtucket
City Charter (i.e., not less than $50 nor more than $500), and his
or her license may be revoked by the City Council for the remainder
of its term. Any licensee whose license is revoked by the City Council
shall not have the right to reapply for another license under this
article for a period of one year.
B.
Every individual sale or offer for sale made contrary to the provisions
of this article shall be deemed and construed as a distinct and separate
offense, and the person making the sale or offer of sale shall be
prosecuted therefor in the manner hereinafter prescribed.
C.
Upon the cancellation or revocation of any license, the person holding
the license shall surrender or return the same to the City Clerk or
his/her designee.
D.
Any person operating without the appropriate license shall be fined
a minimum of $250 for each offense.
