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:

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

and Peddlers" is hereby amended to read as follows:

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

Authority to issue rules and regulations.

     (a) For purposes of this chapter:

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

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

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

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

way in the state from a stationary location;

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

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

which is not stationary; and

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

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

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

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

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

so approved.

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

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

peddlers; provided, that:

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

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

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

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

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

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

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

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

making at an art or crafts show or exhibition;

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

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

making at an art or crafts show or exhibition; and

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

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

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

selling or offering flowers.

     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

selling or offering flowers.

     This act would take effect upon passage.

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