[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.
[1]
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.
[Amended 10-17-1989]
A.
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:
(1)
Written approvals of the Fire and Police Departments
and the Building Official's office;
(2)
The exact days and hours of operation for the proposed
license;
(3)
A detailed description of the nature of goods and/or
articles to be sold;
(4)
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
(5)
The current zoning designation of the property.
(6)
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.
[Added 5-6-2008]
B.
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:
(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 to be inimical
to the public health, safety and welfare of the community.
C.
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.
[Amended 5-6-2008]
[Amended 10-17-1989]
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.
