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Date Posted:  May 12, 2017

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

May 16, 2017

7:00P.M.

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00P.M. Council May Call An Executive Session, Room 101

7:30 P.M. Open Session

 

I.                   EXECUTIVE SESSION

 

The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).

 

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A.    New Claims

1.      Alcida Correia

2.      Ronald Dorego

3.      Joseph Sousa

4.      June A. Sullivan

5.      Weixing V. Wang

 

B.     Sewer Charge Abatements

1.      Eric Crook

2.      Dexter Investment Corp.

3.      Gordon School

4.      Mary J. Lyons

5.      Claudia Medeiros

6.      Carolina Oliveira

 

II.                OPEN SESSION

 

III.             CALL TO ORDER

 

IV.             SALUTE TO THE FLAG

 

V.                TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion.  There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

 

A.    Letters

1.      Town of Glocester Resolution in opposition to H5475 and S0481 an act relating to cities and towns Subdivision of Land. 

2.      Notice of new property number 113 N County Street (02914), Map 306, Block 18, Parcel 007.00, Zoning R6.

3.      Notice of new property number 20 Burke Street (02915), Map 513, Block 46, Parcel 003.00, Zoning R4.

4.      Smithfield School Department, School Committee Resolution on Gun Free Schools.

5.      Notice of CRMC Semi Monthly Meeting, Thursday, May 9, 2017.

 

B.     Alcoholic Beverage Class F

 

1.      Phillip Street Hall, 51 North Phillips Street (02914), June 2, 3 and 4.

2.      Lauren Zarembka Scholarship Fund, Fundraiser, St. Brendan’s Hall, Turner Avenue (02915), June 3, 6:30PM-11:00PM,Particia Quicksell.

3.      Trinity Brotherhood Club, 146 Sutton Avenue (02914), Holy Ghost Feast, June 9, 10 and 11, 2017, Dina Lema.

4.      St. Francis Xavier Church, 81 North Carpenter Street (02914), Annual Feast, June 16, 17 and 18 2017, Maryann Marques.

5.      Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue (02914), Annual Feast, July 14, 15 and 16, 2017, Lidia M. Alves.

6.      Theophilo Braga Club, 26 Teofilo Braga Street (02914), Annual Feast, July 14, 15 and 16 2017, John Perry.

7.      Holy Ghost Brotherhood Mariense, 846 Broadway (02914), Annual Feast, July 28, 29 and 30, 2017, Antonio Amaral.

 

C.    Council Journals

1.   Council Journal Regular Meeting May 2, 2017

2.   Council Journal Executive May 2, 2017

 

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VI.             PROCLAMATIONS AND PRESENTATIONS

 

A.    John Baldai, Riverside Middle School Music Director and 2017 Inductee to the RI Music Hall of Fame (by Councilman Faria)

 

VII.          COMMUNICATIONS

 

A.    Marsh Giroux, 64 Outlook Avenue requesting to address the Council regarding Kent Heights Elementary PTA School Event being held May 19, 2017 from 5pm-8pm and need for street closure for the end of Howland Avenue.

 

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B.     Gary Menissian, 98 James Street (02914) requesting to address the Council regarding the Ocean State Multisport 4th Annual East Bay Half Marathon being held on August 13th, 2017.

 

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C.     Deb Cipalone, 7 Green Street (02916) requesting to address the Council regarding do not enter signage on Pleasant Street.

 

VIII.       PUBLIC COMMENT

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  .  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.

 

IX.             APPOINTMENTS

 

A.    Traffic Control (by Councilman Botelho)

Robin Spellman, 161 Bradford Avenue (02914)

 

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B.     Zoning Board of Review – Reappointment (by Mayor Briden)

Antonio Cunha, 154 Walnut Street (02914)

 

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C.     Traffic Control (by Councilwoman Sousa)

Sandra Couto, 120 Walnut Street (02914)

 

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X.                PUBLIC HEARING – ORDINANCES FINAL PASSAGE

 

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”

SECTION I.  Subsection (9) entitled “Loading, unloading, opening boxes” of Section 10-51 entitled “Prohibited; unnecessary noise standard” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

(9)  Loading, unloading, deliveries, opening boxes. The creation of an unlawful loud and excessive noise resulting indirectly or directly from any loading, unloading, or delivery to any party that generates sound within or projects sound into a residential use district between the hours of 6:00 p.m. and 7:00 a.m. or any other loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

SECTION II.  Subsection (c) entitled “Classification of use districts; Residential, manufacturing, commercial” of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

(c)  Classification of use districts: Residential, manufacturing, commercial. It is unlawful to project directly or indirectly cause a sound or noise, excluding noise emanating from cars, trucks or motorcycles, from one property into another, generated within and/or projected into the boundary of a use district which exceeds either the limiting noise spectra set forth in Table I below, or exceeds the ambient noise level by more than three decibels.

SECTION III.  Subsection (c)(2)(b) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

b.  The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude or any intermittent or repeated action including but not limited to loading and machinery operation has not exceeded the limiting noise spectra set forth in Table 1.

SECTION IV.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. 

Requested by:  Councilman Britto

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XI.             LICENSES NOT REQUIRING PUBLIC HEARING

 

A.    Vict/Not over 25 – Transfer

 

Transfer from Rumford Food Mart, Inc. to Rumford Food Mart & Deli, LLC, 1246 Pawtucket Avenue (02916), Divesh N. Patel, 140 Snyder Road, Somerset, MA 02726.

 

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B.     Holiday Sales – Transfer

 

Transfer from Rumford Food Mart, Inc. to Rumford Food Mart & Deli, LLC, 1246 Pawtucket Avenue (02916), Divesh N. Patel, 140 Snyder Road, Somerset, MA 02726.

 

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C.    Vict/Not Over 25

The Burrito Bowl, LLC, 809 Broadway (02914), Hipolita Thimas, 213 Paradis Avenue, Woonsocket (02895).

 

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D.    Hawker – 3 Locations

 

Keith M. Lambert DBA Keystone Novelties Distributors, LLC, 201 Seymour Street, Lancaster, PA 17603, Keith M. Lambert, 1455 Wallum Lake Road, Pascoag (02859).

 

1.      1235 Wampanoag Trail

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2.      750 Taunton Avenue

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3.      40 Highland Avenue

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XII.          NEW BUSINESS

 

A.    City Managers Report  (by Acting City Manager Timothy Chapman)

 

1.   Sewer rates presentation and discussion

 

2.   Water Tank Bid

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3.   2016 REAP member rebate

 

B.     Council Members

 

1.      Naming of the Watchemoket Sculpture Garden (by Mayor Briden)

 

2.      Mission Statement – Budget 2017-2018 (by Councilman Botelho)

 

3.      National Grid Utility Maintenance-Road Resurfacing Issues (by Councilman Botelho)

 

4.      Neighborhood Meeting Announcement for Proposed Development at Old Platt Waters School (by Councilman Faria)

 

5.      Riverside Middle School Turn Around Repaving Status (by Councilman Faria)

 

6.      State Street Update – Invasive Species Mitigation Treatment (by Councilwoman Sousa)

 

7.      Townie Pride Park Clearing Out Overgrowth Status (by Councilwoman Sousa)

 

8.      Day of Portugal Announcement Reminder (by Councilwoman Sousa)

 

9.      Discussion of votes taken on resolutions and ordinances at the previous Council Meeting of May 2, 2017 (by Councilwoman Sousa)

 

C.    Reports of Other City Officials

 

1.   Claims Committee Report (by City Solicitor Gregory Dias)

 

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D.    Report of School Committee Liaison

E.     Resolutions

 

1.   RESOLUTION IN SUPPORT OF S0136 TO REPEAL THE SUNSET PROVISION FOR THE STATE HISTORIC TAX CREDIT PROGRAM

 

WHEREAS, Senate Bill 0136, an Act Relating to Taxation–Historic Preservation Tax Credits 2013 has been introduced in the Rhode Island State Senate; and

WHEREAS, this Act proposes to repeal the June 30, 2017 Sunset provision for the existing Historic Tax Credit program; and

WHEREAS, preservation and renovation of historic structures contribute significantly to the Rhode Island economy by creating thousands of new construction and permanent jobs, generating state and municipal tax revenue, increasing public safety and upgrading the quality of life in communities; and

WHEREAS, the 2013 State Historic Tax Credit program has generated $1.7 billion in private investment in the Rhode Island economy; and

WHEREAS, there are a number of historic structures in East Providence which could benefit from participation in the Historic Tax Credit program, especially in our Waterfront District and in our downtown commercial districts; and

WHEREAS, there are currently 29 projects, including the historic Odd Fellows building in Watchemoket Square, currently on the waiting list for the State Historic Tax Credit Program, representing a collective private investment of more than $200 million; and

WHEREAS, if the Sunset provision is allowed to go through, these projects would lose all opportunity to take advantage of the State Historic Tax Credit Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence respectfully requests that all State Senators, Representatives and the Governor support Senate Bill 0136.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives and the Senators and Representatives from the City of East Providence.

Requested by:  Councilwoman Sousa

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2.   RESOLUTION FOR THE SEWER TIE-IN LOAN FUND (STILF)

WHEREAS, the East Providence City Council desires to enter into contractual arrangements with Rhode Island Infrastructure Bank (RIIB) for the RIIB to provide an amount up to $150,000 in loans to homeowners from the RIIB’s Sewer Tie-In Loan Fund (the Fund).

WHEREAS, this loan program is administered through Rhode Island Housing and Mortgage Finance Corporation (RIHMFC) and the City may apply specific homeowner loan criteria to the program.

WHEREAS, said loan criteria has been reviewed and agreed upon by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City of East Providence authorizes its City Manager to enter into contractual arrangements with the RIIB and RIHMFC to participate in the STILF program.  The City shall issue a promissory note or bond to the RIIB under the authority of Chapter 223 of the Public Laws of 1994 and Resolution No. R-96-211 adopted by the City Council on July 15, 1996.  Loan repayments from homeowners are expected to be the source of principal and interest repayments to the RIIB but such loan payment shall also, to the extent necessary, be supported by revenues from the City of East Providence.

The following criteria shall be applied to the STILF loans administered by RIHMFC:

              1.       The maximum amount of the loan shall be $10,000.

              2.       The maximum term of the loan shall be five (5) years.

              3.       There is no income level requirement.

  4.       Loans shall be restricted to owner-occupied residential property up to and including three (3) units.

  5.       The property on which the dwelling is located is in decent habitable condition and there are no violations of minimum housing or building code standards which would make it unlikely that the property will continue to be used for dwelling purposes.

  6.       Loan applicants must provide proof of homeowner’s property and liability insurance.

  7.       A copy of the appropriate approved sewer connection permit must accompany all loan applications submitted to the RIHMFC.

  8.       Sewer connection must be made within one (1) year of loan application.

  9.       The loan shall be payable in full if the property is sold or otherwise conveyed.

10.       There shall be no pre-payment penalty.

Upon rejection of an application for failure to meet the STILF criteria, or because a mistake has been made in rejecting the application, any applicant shall have the right to appeal the rejection to the City of East Providence through the City Manager.  If it is determined that an applicant has presented sufficient evidence to show that the situation of the applicant is worse than the situation of the applicants who meet the criteria, or a mistake has been made in determining eligibility, the City of East Providence may authorize that the application be forwarded to RIHMFC.

City Clerk of East Providence, Rhode Island

Requested by:  Councilman Faria

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F.     Introduction to Ordinances

 

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  The title of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

Article VI.  Canvassers and Solicitors

SECTION II.  Sec. 8-116 entitled “Defined” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

For the purpose of this chapter, a "canvasser" or "solicitor" shall be defined as any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery or services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, or conducting a survey, poll or requesting a signature for any kind of petition, provided that such definition shall include any person who for himself or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.  Nothing herein shall apply to non-profit, political, civic, religious or charitable organizations.

SECTION III.  Sec. 8-117 entitled “Permit and license required” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-117. Permit and lLicense required.

 

No person as defined in section 8-116 shall solicit or call from house to house in the city to sell or attempt to sell goods by sample, to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future without first having received a written permit and license therefor in compliance with the provisions of this article.

SECTION IV.  Sec. 8-118 entitled “Application” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

(a)  Applicants for a permit and license under this article must file with the city clerk a sworn application, in writing and in duplicate on a form to be furnished by the city clerk, which shall give the following information:

(1)  Name and description of the applicant;

(2)  Permanent home address and full local address of the applicant;

(3)  A brief description of the nature of the business and the goods sold;

(4)  If employed, the name and address of the employer, together with credentials establishing the exact relationship;

(5)  The length of time for which the right to do business is desired;

(6)  The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery;

(7)  A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(8)  The fingerprints of the applicant and the names of at least two reliable persons of the city or of neighboring cities and towns who will certify as to the applicant's good character and business responsibility as will enable an investigator to properly evaluate such character and business responsibility or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;

 

(98) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation in any state or of any municipal ordinance in Rhode Island, the nature of the offense and the punishment or penalty assessed therefor. Applicant will present a BCI from the Office of the RI Attorney General and attest to no criminal history, if convicted of a felony, or of a misdemeanor involving fraud, a license shall only be issued with approval of the Chief of Police.

(b)  At the time of filing the application, a fee of $3.00 5.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.

SECTION V.  Sec. 8-119 entitled “Investigation of applicant; issuance and denial” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows.

Upon receipt of an application for a permit and license, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

(1)  If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the disapproval and shall return such application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.

(2)  If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, shall execute a permit addressed to the applicant for the carrying on of the business applied for and shall return such permit along with the application to the city clerk who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall show the name, address and photograph of such licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing and shall contain the signature and seal of the issuing officer. The clerk shall keep a permanent record of all licenses issued and which business the licenses are associated with.

 

SECTION VI.  Subsection (a) of Sec. 8-120 entitled “Fees” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

(a)     The license fee which shall be charged by the city clerk for canvasser's or a solicitor's license shall be $50.00 $2.00 for the first month or any part thereof, $0.50 for each additional month or $5.00 per year.

 

SECTION VII.  Sec. 8-121 entitled “Term” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

 

All annual licenses issued under the provisions of this article shall expire on December 31 in the year when issued. All licenses other than annual licenses shall expire on the date specified in the license.

SECTION VIII.  Sec. 8-122 entitled “Exhibition” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

Solicitors and canvassers shall be required to exhibit their licenses at the request of any citizen city resident.

SECTION IX.  Sec. 8-123 entitled “Hours permitted” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

It shall be unlawful for any person engaged in soliciting or canvassing as described in section 8-116 to call from house to house, unless invited by the occupant to do so, at any time before the hour of 8:00 a.m. or one-half hour after sunset.

SECTION X.  Sec. 8-124 entitled “Enforcement of chapter” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and to enforce the provisions of this chapter against any person found to be violating this chapter.

SECTION XI.  Subsection (a) of Sec. 8-126 entitled “Revocation” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

(a)  Permits and Licenses issued under the provisions of this article may be revoked by the city manager chief of police after notice and hearing for any of the following causes:

(1)  Fraud, misrepresentation or false statement contained in the application for license;

(2)  Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser;

(3)  Any violation of this chapter;

(4)  Conviction of any crime felony or misdemeanor involving moral turpitude;

(5)  Conducting the business of soliciting or canvassing in an unorderly and unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

SECTION XII.  Sec. 8-127 entitled “Appeal from denial” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

 

Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit or license as provided in section 8-119 8-118 shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of has been mailed to such person's last known address a written statement setting forth fully the grounds for appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in section 8-126 for notice of hearing on revocation. The decision and order of the city council on such appeal shall be final and conclusive.

SECTION XIII.  Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended by adding thereto the following:

Sec 8-128.  Registration of businesses.

 

Any business that conducts door-to-door soliciting shall register with the City Clerk’s office and shall provide a list of all solicitors operating in the city. The business shall be responsible for ensuring all solicitors acting on behalf of the company, whether an employee or contractor, is licensed. The registration cost shall be on the following fee scale and all businesses shall renew registration on an annual basis as defined in section 8-121.

 

Businesses with five (5) or less solicitors - $100

Businesses with over five (5) and under twenty-five (25) solicitors - $250

Businesses with twenty five (25) or more solicitors - $500

 

SECTION XIV.  Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended by adding thereto the following:

Sec 8-129. Penalties for non-compliance.

(a)     Anyone engaging in door-to-door solicitation without a license or who is non-compliant with the allowed timeframe or other rules established herein shall be subject to the following penalties:

 

First offense - $100

All subsequent offenses - $250 to $500 fine and up to 30 days in jail.

 

(b)     Any business failing to register or registers but does not disclose all door-to-door solicitors working on their behalf or who uses unlicensed solicitors shall be subject to the following penalties:

 

First offense - $100

All subsequent offenses – minimum of $250 to a maximum of $500 fine and loss of right to operate door-to-door solicitation in the city.

 

SECTION XV.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Faria

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XIII.       ADJOURNMENT

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*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.

 

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