2017 -- H 5921 SUBSTITUTE A

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LC001974/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- HAWKERS AND PEDDLERS

     

     Introduced By: Representatives Morin, Phillips, and Casey

     Date Introduced: March 16, 2017

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-11-1.1 of the General Laws in Chapter 5-11 entitled "Hawkers

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and Peddlers" is hereby amended to read as follows:

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     5-11-1.1. "Hawkers", "peddlers", and "door to door salespersons" defined --

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Authority to issue rules and regulations.

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     (a) For purposes of this chapter:

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     (1) "Door to door salespersons" means persons who deliver goods, wares, or merchandise

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to customers for which payment has already been made or is to be made at the time of delivery;

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     (2) "Hawker" means any person selling or offering for sale any goods, wares, or

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merchandise, including any food or beverage, on any public street, highway, or public right of

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way in the state from a stationary location;

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     (3) "Peddler" means any person selling or offering for sale any goods, wares, or

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merchandise, including any food or beverage, from a vehicle, cart, or any other conveyance

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which is not stationary; and

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     (4) No "hawker" or "peddler" shall sell or offer for sale any single good, ware or item

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having a retail value of more than three hundred dollars ($300). However, this dollar limitation

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shall not apply to any non-profit corporation duly authorized to do business in Rhode Island. A

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non-profit corporation means a non-profit corporation which has applied under 42 U.S.C. §

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501(c)(3) for approval as a § 501(c)(3) corporation with the Internal Revenue Service, or has been

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so approved.

 

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     (b) Persons selling farm or garden produce, including flowers, and persons selling works

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of art or crafts of their own making at an art or crafts show or exhibition are not hawkers or

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peddlers; provided, that:

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     (1) Cumberland. The town of Cumberland has the power to license and regulate persons

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selling farm or garden produce, including flowers, and persons selling works of art or crafts of

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their own making at an art or crafts show or exhibition;

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     (2) West Warwick. The town of West Warwick has the power to license and regulate

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persons selling farm or garden produce, including flowers, and persons selling works of art or

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crafts of their own making at an art or crafts show or exhibition;

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     (3) Bristol. The town of Bristol has the power to license and regulate persons selling farm

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or garden produce, including flowers, and persons selling works of art or crafts of their own

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making at an art or crafts show or exhibition;

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     (4) Warwick. The city of Warwick has the power to license and regulate persons selling

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farm or garden produce, including flowers, and persons selling works of art or crafts of their own

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making at an art or crafts show or exhibition; and

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     (5) East Providence. The city of East Providence has the power to license and regulate

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persons selling farm or garden produce, including flowers. ; and

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     (6) Woonsocket. The city of Woonsocket has the power to license and regulate peddlers

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selling or offering flowers.

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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 BUSINESSES AND PROFESSIONS -- HAWKERS AND PEDDLERS

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     This act would give the city of Woonsocket the power to license and regulate peddlers

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selling or offering flowers.

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     This act would take effect upon passage.

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