Town of Westerly, RI Flea Markets

Any indoor or outdoor operation, activity or facility at which antiques, secondhand or new articles are sold from tables, stalls, or booths by one or more dealers on a casual or regular basis.

OPERATOR

Any person who owns, controls or leases the premises, site or grounds at which the activity defined as a "flea market" is conducted.

PERSON

An individual, firm, corporation or association owning, operating or controlling the flea market.

VENDOR

Any person who, at a flea market, engages in or conducts the activity of buying, selling, or exchanging antiques or secondhand or new articles on a casual or regular basis.

§ 126-2 License required; public hearing.

No person shall engage in the business of operating or controlling a flea market without first obtaining a license in accordance with § 158-2. No such license shall be granted until a public hearing has been held by the Licensing Board, notice of which shall be given by advertising once a week for at least two successive weeks in a newspaper of general circulation in the Town. The notice shall contain the name of the applicant, the location for which the license is required, the date, time, and place of the hearing and shall state that remonstrants are entitled to be heard. The expense of such advertising shall be borne by the applicant.

§ 126-3 Application.

In addition to the requisite information, the application for such license shall specify the place, dates and hours of operation, the number of tables to be maintained in said flea market, and arrests or convictions of the applicant, if any.

§ 126-4 Duty of operator to inform independent vendors.

It shall be the duty of every flea market operator to inform all vendors of applicable state and local requirements and to ensure compliance with all laws relating to the health, safety and welfare of the public.

§ 126-5 Approval and compliance required.

All licenses granted pursuant to the provisions of this chapter are subject to approval of proper authorities as specified in § 158-3.

All licenses granted hereunder are subject to compliance with State of Rhode Island sales tax laws pertaining to flea markets, as well as to all laws relating to the health, safety and welfare of the public.

§ 126-6 License fee and expiration.

The annual fee for such license shall be as specified in Chapter 121, Fee Schedule. All licenses granted hereunder shall expire in accordance with § 158-8.

§ 126-7 Conditions precedent to granting of license.

The Licensing Board may impose limitations and conditions upon a flea market license to ensure that:

The location, hours and methods of operation will not create a nuisance to surrounding properties.

Traffic safety will be adequately protected.

Adequate off-street parking facilities will be provided.

Sanitary facilities adequate to meet the requirements of the State Department of Health will be provided.

The premises will be cleared of trash and debris.

§ 126-8 Holiday sales permit required.

In addition to the license required by § 126-2 herein, any person desirous of operating a flea market on the holidays specified in RIGL 5-23-2 shall first obtain a license pursuant to said state law and in accordance with § 158-6.

§ 126-9 Revocation of license; false statements; hearing.

Every license issued under the provisions of this chapter is subject to revocation by the Licensing Board for the violation of any of the provisions of this chapter. Any false statements or omissions in the license application shall constitute grounds for revocation. The revocation shall occur only after a hearing.

The licensee shall be given 10 days' notice of the date of such hearing, and such notice shall state the grounds therefor. At such hearing, the licensee may submit pertinent information on his own behalf.

§ 126-10 Violations and penalties; enforcement.

Any person who shall violate any provision of this chapter shall be guilty of an offense against the Town punishable as provided in Chapter 1, Article II, General Penalty.

All members of the Police Department are authorized to enforce the provisions of this chapter.