2013 -- H 5705

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- AUTHORIZING THE

TOWN OF SMITHFIELD TO IMPOSE A BUSINESS REGISTRATION FEE

     Introduced By: Representatives Winfield, and Costantino

     Date Introduced: February 27, 2013

     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) All Unless otherwise

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

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service or and manufacturing businesses business, whether sole proprietorships, partnership,

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corporations or any business entity, shall register their business, company, trade or office situated

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in the town of Smithfield with the town clerk tax assessor of the town of Smithfield. Each

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registration shall contain the name of the firm or business, the name of the owner(s) or and

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

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information as required by said tax assessor.

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

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

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

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hereunder.

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      (c) Upon proper 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. Every

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

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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. Any fine imposed under this statute and/or the ordinance

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

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municipal court. The Rhode Island district court and the Smithfield municipal court shall have

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

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provided for herein, the Rhode Island district court and the Smithfield municipal court may order

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the closure of any business described herein until a registration certificate is obtained. The fines

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shall inure to the town.

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     SECTION 2. This act shall take effect upon passage.

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LC01546

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- AUTHORIZING THE

TOWN OF SMITHFIELD TO IMPOSE A BUSINESS REGISTRATION FEE

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     This act would make it unlawful for a person to own or operate a business in the town of

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Smithfield without a registration certificate, requiring that municipal tax liens be paid prior to the

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issuance of such a certificate, and would provide for jurisdiction to have enforcement actions

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based on this law in both the Rhode Island district court and the Smithfield municipal court.

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     This act would take effect upon passage.

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LC01546

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