Chapter 187

2014 -- H 7110 SUBSTITUTE A

Enacted 06/30/14

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

 

 

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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LC003377/SUB A/2
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