[Adopted 9-14-1937 (Ch. 12, Art. IV, Div. 2, of the 1985 Code of Ordinances)]
This article shall not apply to any person selling religious books and publications in 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; nor to any butcher retailing meats, or fisherman selling fish or shellfish, from carts or otherwise; nor to any person peddling or selling any towel cloth, knit stockings, gloves, mitts or other articles of household manufacture or articles manufactured with his own hands; nor to any milkman, nor to any farmer selling the produce of his farm or selling both the produce of his farm and the produce of other farms, nor to any person who shall have been licensed under G.L. 1956, §§ 5-11-1 through 5-11-3.
Editor's Note: State law reference - Similar provisions, G.L. 1956, § 5-11-18.
No person, except those persons specified in § 268-1, shall sell or offer for sale as a hawker or peddler in the Town articles or substances as set forth in this article without first having obtained a license hereunder.
All hawkers and peddlers desiring to sell or offer for sale as hawkers and peddlers any articles or substances within the Town, and all persons desiring to sell or offer for sale any goods, wares, merchandise, ice cream, fruit, vegetables or other articles or substances, on any street in the Town shall file an application with the Town Council on forms furnished by the Town Clerk. Such application must include the following information:
Written approvals of the Fire and Police Departments and the Building Official's office;
The exact days and hours of operation for the proposed license;
A detailed description of the nature of goods and/or articles to be sold;
The exact location of the proposed business, to include the plat and lot number (where the business is to be located on property owned by other than the applicant, a sworn statement must be obtained by the owner consenting to the application); and
The current zoning designation of the property.
A Police Clearance Report must be completed for each applicant as well as each driver of any vehicle belonging to the applicant that is used in the operation of the business for which the peddler’s license is requested. Said application will be submitted to the Chief of Police who shall cause such investigation to be made of the information contained therein for the public good.
The Town 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 Town Council may consider any of the following factors:
The potential for traffic congestion;
The need in the community for the proposed license;
The zoning of the parcel in question and its compatibility with the proposed application;
The presence of any similar businesses within the immediate vicinity of the application;
Any other conditions which may prove to be inimical to the public health, safety and welfare of the community.
Unless otherwise provided by the Town Council, any such license granted under the provisions of this section shall be for a period of one year, commencing on June 1 and expiring on May 31 of each year.
For a license issued under this article, the person receiving the same shall pay to the Town Clerk, for the use of the Town, a fee of $100 per annum.
Any person who shall neglect or refuse within a reasonable time after demand by the Chief of Police, Town Sergeant or other police officer of the Town to exhibit to him his license and badge shall be deemed for the purpose of this article to be unlicensed and to have violated the provisions of this article.