2014 -- H 7110 SUBSTITUTE A

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LC003377/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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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: January 15, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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

Powers" is hereby amended to read as follows:

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

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

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

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

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

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

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

information as required by said tax assessor.

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

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

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

hereunder.

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

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

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

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

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

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

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

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

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

business establishment.

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

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

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

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

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

month or fraction thereof that the violation continues; provided, however, that the fine shall not

exceed three hundred dollars ($300). Any fine imposed under this statute and/or the ordinance

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

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

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

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

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

shall inure to the town.

     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 -- 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

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

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

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

     This act would take effect upon passage.

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