The purpose of this article is to protect the
public health, safety and general welfare through the regulation of
hawkers, peddlers and solicitors in the Town of Charlestown.
Pursuant to Chapter 11 of Title 5, Section 1.1 of the General Laws, as amended, the following words shall have the following meaning when used in this chapter.
A.
"Door to door salespersons" shall mean 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.
B.
"Hawker" shall mean 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 a stationary
location.
C.
"Peddler" shall mean any person selling or offering
for sale any goods, wares or merchandise from a vehicle, cart or any
other conveyance which is not stationary.
[Amended 2-10-2020 by Ord. No. 387]
No person shall sell or offer for sale any goods, wares, merchandise, as a hawker or peddler in the Town of Charlestown without first having obtained a hawker or peddler license from the Town Council, unless specifically exempted pursuant to Chapter 11 of Title 5, Section 18 of the General Laws, as amended.
A.
A person desiring a hawker or peddler license shall
make application in writing to the Town Council. Application shall
be made upon a form to be supplied by the Town Clerk. Such application
must include the following information:
(1)
Proof that he or she has been issued a permit to make
sales at retail by the State Division of Taxation and approval from
the State Health Department, if applicable.
(2)
Written approvals of the Police Department, Building
Official's Office and any other applicable Town Department.
(3)
The exact days and hours of operation for the proposed
license.
(4)
A detailed description of the nature of goods and/or
articles to be sold.
(5)
The exact location of the proposed business, to include
the plat and lot number where the business is to be located on property
owned by other than the applicant, a sworn statement must be obtained
by the owner consenting to the application.
(6)
The current zoning designation of the property.
B.
It is further required that any person applying for
a hawker or peddler license under the provisions of this Chapter shall
sign a hold harmless agreement indemnifying the Town of Charlestown,
its officers, agents and employees from any liability arising out
of or in the course of his or her business or the granting of a license
for same.
C.
Upon receipt of a complete application for a hawker or peddler license, the Town Council shall place the application down for consideration at their next regular Town Council meeting agenda for action. The Town Council may issue a license only if, after a hearing thereon and in their sole discretion, that they find that the requested license will not disrupt the general health, safety, welfare or morals of the Town and pursuant to the requirements of Chapter 11 of Title 5, Section 1.1 of the General Laws, as amended, and as otherwise set forth in Section 128-4, herein.
D.
Persons licensed under this Chapter shall remove all
paper, food, cardboard, wood or plastic containers, wrappers or any
similar type of litter deposited by the licensee or his/her customers.
The licensee shall provide and use a waste container, of not less
than ten-gallon capacity and not more than thirty-gallon capacity
for the placement of such litter. The licensee shall remove all waste
and litter generated by the licensee and his or her customers on a
daily basis.
E.
The Town Clerk, upon a decision of the Town Council
to grant a hawker or peddler license shall issue the license, the
term of which shall expire on December 31 in the year when issued.
A.
Upon receipt of the application by the Town Clerk's
Office, the Chief of Police or his or her designee shall undertake
and complete within 30 days an investigation of the applicant's business
and moral character and of the statements made in the application,
as well as the applicant's proposed location.
B.
The Town Council, may, after a hearing thereon and
in its sole discretion, either approve, reject or revoke such license
or any application therefor. In reviewing any application for the
issuance, renewal or revocation for a hawkers and/or peddlers license,
the Town Council may consider any or all of the following factors:
(1)
The potential for traffic congestion.
(2)
The need in the community for the proposed license.
(3)
The zoning of the parcel in question and its compatibility
with the proposed application.
(4)
The unsatisfactory moral character or business responsibility
of the applicant.
(5)
Any other conditions which may prove to be inimical
to the public health, safety and welfare of the Town.
C.
A license issued under this article may be revoked
by the Town Council after notice and hearing for, but not limited
to, any of the following causes:
(1)
Fraud, misrepresentation, omission or false statement
contained in the license application.
(2)
Fraud, misrepresentation or false statement made by
the person in the course of carrying on his or her business as a peddler
or hawker.
(3)
Any violation of this Chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of hawking or peddling in
an unlawful manner or in such a manner as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
D.
Persons whose license has been revoked under this
section may not reapply for a license within one year of the date
of revocation.
The fee for a license issued pursuant to this
Chapter shall be fifty dollars ($50.00).
A.
No license is required from persons selling farm or
garden produce, including flowers, and persons selling works of art
or crafts of their own making at an art or craft show or exhibit,
are not hawkers or peddlers and are not subject to the licensing requirements
of this chapter.
B.
No license is required of any person selling religious
books and publications on behalf of a bible, tract or other religious
or moral society for the purpose of promoting religious or moral improvement,
and are sold for that purpose and not for pecuniary profit.
C.
No licensed hawker or peddler shall sell or offer
for sale any single food, 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.
A.
No person shall hawk or peddle within the Town except
between the hours of 9:00 a.m. and 8:00 p.m.
B.
The Chief of Police or his or her designee is hereby
authorized to submit to the Council a list of streets and public ways
through out the Town which, in his opinion, because of excess traffic
and congestion, are unsafe for the public welfare and safety for the
selling or offering for sale or merchandise by hawkers or peddlers.
The Town Council will give final approval. Upon approval, such list
will be on file in the Town Clerk's Office.
C.
At no time shall a hawker or peddler impede the free
flow of traffic. The Chief of Police or his or her designee is hereby
authorized to suspend operation of hawkers or peddlers at any time
and for such periods of time on streets and ways where conditions
exist that require him, in his opinion, in the interest of public
safety, to do so without a prior request to the Town Council.
D.
No hawker or peddler shall sell his or her product
within 500 feet (five hundred feet) of any business establishment
in the Town which sells the same product.
No license issued pursuant to the provisions
of this Chapter shall be transferable, nor shall it authorize a person
other than the one to whom it was issued and named therein to act
there under.
A person holding a license issued pursuant to
the provisions of this Chapter shall carry it with him at all times
while engaged in such business and shall produce it when required
by any policeman or member of the Town Council, and failure to do
so shall be grounds to revoke his license.
Any person who shall violate any provision of
this Chapter shall be subject to revocation of license and/or the
issue of a fine not to exceed two hundred dollars ($200.00).
