2016 -- H 7704

========

LC004666

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - HAWKERS AND PEDDLERS

     Introduced By: Representatives Winfield, Costantino, and Newberry

     Date Introduced: February 24, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-11-18 of the General Laws in Chapter 5-11 entitled "Hawkers and

Peddlers" is hereby amended to read as follows:

     5-11-18. Local licensing -- Fees -- Persons exempt. -- (a) (1) The board or bureau of

police commissioners in any city or town where a board or bureau of police commissioners is

established, and if no board or bureau of police commissioners is established then the town or city

council, is authorized to provide, by ordinance in the case of any city or town council:

      (i) For the issuing and revocation for just and good cause of licenses to all hawkers and

peddlers;

      (ii) In the same manner to fix a penalty, not exceeding a fine of two hundred dollars

($200) for any one offense or imprisonment not exceeding ten (10) days, for selling or offering

for sale any goods, wares, or merchandise, including food or beverages, as hawkers and peddlers

within that town or city without a license; and

      (iii) For charging and collecting fees for those licenses; provided, that the fee charged by

any board or bureau of police commissioners or city or town council, for any one license for any

one year, for selling or offering for sale, as a hawker and peddler, shall not exceed the sum of

fifty dollars ($50.00).

      (2) No license is required of any person selling religious books and publications on

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 of

any person peddling or selling any articles of wearing apparel manufactured with his or her own

hands.

      (b) The following provisions as to the issuance and revocation of licenses apply to the

city and town councils specified:

      (1) Woonsocket. - The city council of the city of Woonsocket is authorized to provide,

by ordinance, for the issuing and revocation at pleasure of licenses to hawkers and peddlers,

pursuant to the provisions of this section, on a weekly basis and to establish a fee not to exceed

five hundred dollars ($500) per year;

      (2) Middletown, East Greenwich and Glocester. - Town councils of the towns of

Middletown, East Greenwich, and Glocester are authorized to provide, by ordinance, for the

discretionary issuance and revocation of licenses to hawkers and peddlers, pursuant to the

provisions of this section on a daily or weekly basis, to establish reasonable fees for the issuance

and revocation, and to promulgate, by ordinance, reasonable rules and regulations as to the

placement, duration, location, number, and operation of those licenses within the town;

      (3) Cumberland and Bristol. - The town councils of the towns of Cumberland and Bristol

are authorized to provide, by ordinance, for the discretionary issuance and revocation of licenses

to hawkers and peddlers on all state highways within the town on July 4 in any year and on a

daily or weekly basis, and to establish reasonable fees for the issuance and revocation, and to

promulgate, by ordinance, reasonable rules and regulations as to placement, duration, location,

number, and operation of those licenses within the town;

      (4) Smithfield. - The town council of the town of Smithfield is authorized to provide, by

ordinance, for the discretionary issuance and revocation of licenses on a daily, weekly, monthly

or annual basis, to establish reasonable fees for the issuance and revocation not to exceed five

hundred dollars ($500) per year and to promulgate, by ordinance, reasonable rules and regulations

as to the placement, duration, location, number, and operation of these licenses within the town of

Smithfield;

      (5) Providence. - The city council of the city of Providence is authorized to provide, by

ordinance, for the issuance and revocation of licenses to hawkers and peddlers and to provide for

the promulgation of reasonable rules and regulations as to the placement, duration, location,

number and operation of those licenses within the city of Providence, and to establish reasonable

fees for the issuance and revocation that may exceed the sum prescribed in this section;

      (6) Pawtucket. - The city council of the city of Pawtucket is authorized to provide, by

ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers on a

daily, weekly, monthly, or annual basis and to promulgate, by ordinance, reasonable rules and

LC004666 - Page 2 of 5

regulations as to the placement, duration, location, number, and operation of those licenses within

the city of Pawtucket and to establish reasonable fees for the issuance and revocation that may

exceed the sum prescribed in this section;

      (7) Tiverton. - The town council of the town of Tiverton is authorized to provide, by

ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers on a

daily, weekly, monthly or annual basis, to establish reasonable fees for the issuance and

revocation not to exceed five hundred dollars ($500) per year, and to promulgate, by ordinance,

reasonable rules and regulations as to the placement, duration, location, number and operation of

these licenses within the town of Tiverton;

      (8) Warwick. - The city council of the city of Warwick is authorized to provide, by

ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers on a

daily, weekly, monthly, or annual basis and to promulgate, by ordinance, reasonable rules and

regulations as to the placement, duration, location, number, and operation of those licenses within

the city of Warwick and to establish reasonable fees for the issuance and revocation that may

exceed the sum prescribed in this section;

      (9) West Warwick. - The town council of the town of West Warwick is authorized to

prescribe through ordinance reasonable rules and regulations as to the placement, duration,

location, number and operation of those licenses within the town of West Warwick and to

establish a fee not to exceed five hundred dollars ($500) per issuance. The town council is also

authorized to establish by ordinance a penalty for violation of the ordinance not to exceed one

thousand dollars ($1,000) enforced through the West Warwick municipal court; and

      (10) Burrillville. - The town council of the town of Burrillville is authorized to provide,

by ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddlers

on a daily, weekly, monthly or annual basis, and to promulgate, by ordinance, reasonable rules

and regulations as to the placement, duration, location, number and operation of those licenses

within the town of Burrillville, and to establish reasonable fees for the issuance and revocation

that may exceed the sum prescribed in this section. The town council is also authorized to

establish, by ordinance, a penalty for violation of the ordinance not to exceed one thousand

dollars ($1,000) enforced through the Burrillville municipal court; and

      (11) Richmond. - The town council of the town of Richmond is authorized to provide by

ordinance for the licensing of any person over the age of eighteen (18) who sells or attempts to

sell, merchandise at the home or business of a customer having not been invited to the home or

business by the occupant for purposes of the sale, in the same manner that hawkers and peddlers

are licensed and the town is further authorized to provide by ordinance for the licensing of these

LC004666 - Page 3 of 5

sellers as well as hawkers and peddlers on a daily, weekly, monthly, or annual basis for a fee not

to exceed five hundred dollars ($500) per year.

      (c) No license shall be issued under this section without the hawker or peddler providing

proof that he or she has been issued a permit to make sales at retail by the division of taxation.

Each applicant shall provide two (2) forms of identification containing the applicant's address

prior to the issuance of that peddling license. If the applicant is a resident of a homeless shelter or

other transitional housing program, a letter certifying this residency from the homeless shelter or

transitional housing program is acceptable in lieu of the two (2) forms of identification containing

the applicant's address.

     (d) Any applicant seeking the issuance of a license under this section shall not be

required by any city or town as a part of the licensing procedure to undergo or present a copy of a

criminal background record from the bureau of criminal identification of the office of attorney

general, if, and only if the applicant possesses a valid and unexpired hackney operator's license,

commonly referred to as a "Blue Card" issued by the division of public utilities and carriers.

     SECTION 2. This act shall take effect upon passage.

========

LC004666

========

LC004666 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - HAWKERS AND PEDDLERS

***

     This act would exempt any hawkers or peddlers possessing a valid and unexpired

hackney operator's license issued by the division of public utilities and carriers applying for a

license in any city or town of undergoing a criminal background record from the office of the

attorney general.

     This act would take effect upon passage.

========

LC004666

========

LC004666 - Page 5 of 5