[HISTORY: Adopted by the Town Council of the Town of Charlestown 2-10-1986
as Ch. 146. Section 114-5 amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
The purpose of this chapter shall be to protect the public health, safety
and welfare by establishing regulations and standards controlling the operation
of flea markets in the Town of Charlestown.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale of food or goods at retail, which sale is conducted periodically,
and not daily, involving multiple vendors who are charged a fee to participate,
whether within an open area or enclosed structure.
Any individual, firm, corporation or association owning, operating
or controlling the flea market.
Any person who engages in selling food or goods at retail.
Any person owning, operating or controlling a flea market shall be required
to obtain a license from the Town Council of the Town of Charlestown. The
Town Council may grant to any charitable, civic or fraternal organization
a license to operate a flea market.
Application for such license shall be made to the Town Council upon
a form to be supplied by the Town Clerk for that purpose and shall contain
the following information:
A.
Name and address of charitable, civic or fraternal organization.
B.
Tax-exempt identification number.
C.
Name, address and date of birth of applicant.
D.
Arrests and convictions, if any.
E.
Place where flea market is to be held.
F.
Dates when flea market is to be held, as well as hours
of operation.
G.
Sales tax permit number.
Every person (licensee) upon application for a license shall pay an
annual license fee, which will include the Sunday sales license fee, to be
set by ordinance by the Town Council to own, operate or control a flea market
as defined in this chapter with a maximum of two hundred (200) vendors, excluding
vendors with a tax-exempt identification number. For additional vendors above
two hundred (200), the annual fee will be as set by ordinance by the Town
Council, per site. Such license shall be valid only for those dates and hours
of operation included in the application and approved by the Town Council.
Each license shall expire on June 30 of each year. Said fee shall be payable
in full whether or not such license is issued for a full year. Upon application,
the fee may be waived by the Town Council.
It shall be the responsibility of the licensee to:
A.
Maintain a ledger showing the names, addresses and sales
tax permit numbers of all vendors during each license period. Said ledger
shall be available for inspection by law enforcement authorities of the town
for a period of two (2) years after the expiration of the license period for
which the ledger was maintained.
B.
Provide adequate police protection or bonded constable
security.
C.
Provide adequate off-street parking facilities.
E.
Provide for collection of all trash and rubbish within
twenty-four hours of the conclusion of each sale date.
F.
Ensure compliance with State of Rhode Island sales tax
laws pertaining to flea markets.
G.
In addition, ensure compliance with all laws relating
to the health, safety and welfare of the public.
Every license issued under this chapter is subject to the right, which
is hereby expressly reserved, to revoke the same should the licensee, directly
or indirectly, permit the operation of any flea market contrary to the provisions
of this chapter, other ordinances of the town or the laws of the state. Said
license may be revoked by the Town Council after written notice to the licensee,
which notice shall specify the ordinance or law violation with which the licensee
is charged.
In the event that the Chief of Police or the Fire Chief of the fire
district in which the flea market is located determines that operation of
the flea market is creating an emergency situation causing a hazard to public
health or safety, that police or fire official shall have the authority to
order that the licensee close operations immediately for the remainder of
that business day. The licensee shall be informed, in writing, of the hazardous
or emergency condition leading to the order to cease operations. The licensee
shall be permitted to resume the operation of its flea market the next business
day, provided that the licensee demonstrates to the satisfaction of the town
official issuing said order that the hazardous or emergency condition has
been eliminated. The licensee shall, upon written request, be entitled to
a hearing before the Town Council at its next regularly scheduled meeting
after the issuance of said order.
Any person violating any of the provisions of this chapter, in addition
to the revocation of his license, shall be fined not more than one hundred
dollars ($100.) or imprisoned for not more than thirty (30) days, or be both
so fined and imprisoned, for each such violation, and each day of operation
of any flea market as defined in this chapter without a license as provided
herein shall constitute a separate offense.
Nothing contained in this chapter shall be intended to change the provisions of Chapter 213, Yard Sales, of the Code of the Town of Charlestown.
