2012 -- H 8115

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - SMITHFIELD BUSINESS REGULATION

     Introduced By: Representatives Winfield, and Petrarca

     Date Introduced: May 02, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-2-31.3 of the General Laws in Chapter 45-2 entitled "General

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Powers" is hereby amended to read as follows:

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     45-2-31.3. Business registration fee -- Town of Smithfield. -- (a) Unless otherwise

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provided herein, the owner and operator of each All wholesale, retail, commercial, professional

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service or manufacturing businesses, whether sole proprietorships, partnership, corporations or

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any business entity, shall register their business, company, trade or office situated in the town of

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Smithfield with the town clerk tax assessor of the town of Smithfield. Each registration shall

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contain the name of the firm or business, the physical location of the business, the name of the

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owner(s) or and operator(s) of the firm or business, the type of business to be conducted, and

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other basic information, as required by the tax collector.

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      (b) There shall be a fee for each registration and for each renewal thereof. The

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registration fee shall be five ($5.00) ten ($10.00) dollars. It shall be unlawful for a person to own

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or operate a business described herein in the town of Smithfield without a registration certificate

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issued hereunder.

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      (c) Upon registration of a business, a registration certificate shall be issued to the

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registrant by the tax assessor. No other business of the same trade name shall be allowed to

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register once a certificate of registration has been issued without the approval of the prior

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registrant in writing. Every registration certificate shall expire the 31st day in December and shall

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be renewed annually upon payment of the required fee. No certificate shall be issued or renewed

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if the business fails to provide proof from the tax collector that all municipal taxes assessed to the

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business, including municipal taxes assessed to any prior business owned or operated by one or

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more of the principals of the registrant at the same physical location, have been paid to date.

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Every certificate of registration shall be kept in a conspicuous location on the premises of each

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business establishment.

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      (d) Any business required to obtain a liquor, victualling or any other license to operate

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under any other section of the general laws, a condition of which is the prior payment of

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Smithfield municipal taxes, shall be exempt from the requirements of this statute.

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      (e) Any person, whether as principal, agent, employee, or otherwise, who violates any of

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the provisions of this chapter, shall be fined not to exceed twenty-five dollars ($25.00) for each

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day the violation continues. The Rhode Island district court and the Smithfield municipal court

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shall have concurrent jurisdiction to enforce the provisions of this statute. In addition to imposing

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the fines provided for herein, the court may also order closure of any business described herein

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until a registration certificate is obtained. Any fine imposed under this statute and/or the

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ordinance promulgated by the town council pursuant to this section may be appealed to the

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Smithfield municipal court. The fines shall inure to the town.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - SMITHFIELD BUSINESS REGULATION

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     This act would increase the business registration fee in the town of Smithfield to ten

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dollars ($10.00) and would impose a twenty-five dollar ($25.00) a day fine for operating an

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unregistered business.

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     This act would take effect upon passage.

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LC02518

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