Chapter 05-040

2005 -- H 5774 SUBSTITUTE A

06/13/05

A N A C T

RELATING TO BUSINESS AND PROFESSIONS -- HAWKERS AND PEDDLERS

Introduced By: Representatives Kennedy, E Coderre, Shanley, Moura, and Lewiss

Date Introduced: February 17, 2005

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; and

      (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 nonprofit corporation duly authorized to do business in Rhode Island. A

nonprofit corporation means a nonprofit corporation which has applied under 42 U.S.C. Section

501(c)(3) for approval as a Section 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.

SECTION 2. This act shall take effect upon passage.     

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LC00680/SUB A

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