TITLE 5 BUSINESS LICENSES AND REGULATIONS

 

5.04           General provisions.

5.06           Business registration.

5.08           Table games and game rooms.

5.20           Hawkers, peddlers and door to door salespersons.

5.24           Flea market vendors, dealers in second-hand articles, and automobile junkyards.

5.28           Laundries.

5.30           Repealed.

5.32           Alcoholic beverage licenses.

5.44           Entertainments.

5.50           Victualing.

5.52           Holiday sales.

5.54           Repealed.

5.56           Refuse collection and hauling.

5.58           Seasonal recreational facilities and other seasonal tourist accommodations.

5.60           Dog kennels.

5.64           Private detectives.

 

 

Chapter 5.04 GENERAL PROVISIONS

 

5.04.010          License or permit required.

5.04.020          Town council consideration of applications.

5.04.030          Conditions for issuance of licenses and permits.

5.04.040          Zoning determination required.

5.04.050          Posting of license.

5.04.060          Violation of terms of licenses and permits.

 

5.04.010  License or permit required.  Every business requiring a license to operate or to engage in a business activity shall obtain the appropriate license from the town council by making application to the town clerk. Any person who operates a business or engages in a business activity without the required license shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for a period not to exceed thirty (30) days, or both, unless a different punishment is provided elsewhere in this chapter. Each day of violation shall be a separate offense.

(Ord. dated 2-15-11)

 

5.04.020  Town council consideration of applications.  No license application shall be placed on a town council meeting agenda until the applicant has completed the application form in its entirety and the supporting documentation required by statute or ordinance has been provided or has been requested from the appropriate local or state agency. When required documentation is not submitted with the application form, the burden shall be on the applicant to prove to the town clerk that it has been requested.

(Ord. dated 2-15-11)

 

5.04.030  Conditions for issuance of licenses and permits.

A.  No license or permit will be issued to, or renewed for, any person or business in arrears in any tax or assessment levied by the town. Verification of payment of taxes and assessments must be submitted with any application for, or renewal of, a license or permit. Payment of town taxes and assessments shall be a continuing condition of the license or permit.

 

B.  An applicant for a license or permit must submit with the application or renewal an affidavit of compliance. The affidavit shall state that the business is currently in compliance with all town, state, and federal statutes, ordinances, and regulations. Compliance with all town, state, and federal statutes, ordinances and regulations shall be a continuing condition of the license or permit.

 

C.  All holders of licenses and permits issued by the town shall have a continuing obligation to ensure that the information provided to the town in the application is accurate and current.

(Ord. dated 12-6-05; Ord. dated 2-15-11)

 

5.04.040  Zoning determination required.  For every application for a new license, and every application to transfer an existing license to a new business location, the applicant shall submit, with the application, a zoning determination from the zoning enforcement officer verifying that the use is permitted at the proposed location.

(Ord. dated 12-6-05; Ord. dated 2-15-11)

 

5.04.050  Posting of license.  Any person conducting a licensed business shall post his or her current license in a conspicuous place on the premises of the business for which the license was issued.

(Ord. dated 12-6-05; Ord. dated 2-15-11)

 

5.04.060  Violation of terms of licenses and permits.

A.  If a licensee or permittee violates any terms or conditions of this chapter or of the license or permit, the town council may compel the licensee or permittee to show cause why the license or permit should not be suspended or revoked.

 

B.  The licensee or permittee shall be notified by certified mail of the date, time, and location of the show cause hearing, and shall be allowed to present any evidence or testimony on his or her  behalf.

 

C.  If the town council determines that such a violation has occurred, it may take whatever action it deems appropriate, including but not limited to suspension or revocation of the license or permit. 

(Ord. dated 12-4-01(part); Ord. dated 12-6-05; Ord. dated 2-15-11)

 

 

Chapter 5.06 BUSINESS REGISTRATION

 

5.06.010          Registration required.

5.06.020          Information to be provided..

5.06.030          Town clerk to issue certificate.

5.06.040          No expiration date – information to be current.

5.06.050          Penalty for failure to register.

5.06.060          Registration not substitute for business license or assumed business name registration.

 

5.06.010  Registration required.  Every corporation, partnership, limited liability company, sole proprietorship, or other business entity located in Richmond, whether wholesale, retail, commercial, or manufacturing, shall register with the town clerk. Every business operating in Richmond on the effective date this Chapter shall register within sixty (60) days. 

(Ord. dated 8-12-14)

 

5.06.020  Information to be provided.  The business shall provide to the town clerk the name of the business, the name of the owner, the type of business or nature of the business, the mailing, address, the physical address, the telephone number, and the e-mail address of the business. The information shall be submitted on a form provided by the town clerk for that purpose. No business shall be permitted to register under a business name that is already registered. 

(Ord. dated 8-12-14)

 

5.06.030  Town clerk to issue certificate.  The town clerk shall issue a registration certificate to each registered business. The certificate shall be kept on the premises of the business. There shall be no fee for the registration.

(Ord. dated 8-12-14)

 

5.06.040  No expiration date – Information to be current.  The registration shall not expire and need not be renewed annually, provided, however, that if any information submitted for registration has changed, including but not limited to the address of the business, the business shall obtain a new registration certificate.

(Ord. dated 8-12-14)

 

5.06.050  Penalty for failure to register.  A business that knowingly fails to register pursuant to this Chapter shall be subject to a fine of $25 (twenty-five dollars) for each month or portion thereof that the violation continues, provided that the maximum fine shall not exceed $300 (three hundred dollars). Fines shall enure to the town.

(Ord. dated 8-12-14)

 

5.06.060  Registration not substitute for business license or assumed business name registration.  The certificate required by this Chapter is in addition to any license or permit required to operate or engage in a particular business activity. The registration required by this

Chapter is not a substitute for registration of an assumed business name pursuant to title 6, chapter 1 of the general laws.

(Ord. dated 8-12-14)

 

REFERENCES

2014 R.I. Pub. L. ch. 253.

 

Chapter 5.08 TABLE GAMES AND GAME ROOMS

 

5.08.010          Definitions.

5.08.020          License required.

5.08.030          Application – Contents.

5.08.040          License fee.

5.08.050          License – Transferability.

5.08.060          Operating without license prohibited – Penalty.

5.08.070          Failure to comply with conditions.

 

5.08.010  Definitions.  Pursuant to title 5, chapter 2 of the general laws, the following words and phrases shall have the following meanings when used in this section:

 

A.  “Billiard or pool table” means a billiard table, a bagatelle table, a pool table, a scippio table, or any table of a similar character.

 

B.  “Game room” means a public place, building or room containing three (3) or more pinball machines or other gaming devices or machines that, upon insertion of a coin, may be operated as  games or amusements, whether or not registering a score and whether or not demanding skill to operate. The definition is limited to those places that derive their principal source of income from those machines.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.08.020  License required.  No person, firm or corporation shall operate, or allow to be operated, a billiard or pool table in any saloon, shop or place of business, or operate a game room, without first having obtained a license from the town council in accordance with this chapter. Application for such license shall be made upon a form to be supplied by the town clerk for that purpose.

(Ord. dated 4-6-81, § 1; Ord. dated 12-6-05)

 

5.08.030  Application – Contents.  The application for such license shall contain the following information:

 

A.  Name, address, and telephone number of the applicant;

 

B.  Place where billiard tables, pool tables or game room will be operated, and the business conducted at that place;

 

C.  Description and number of billiard tables, pool tables or machines to be operated.

 

D.  Such additional information relating to licensing and operation of the billiard table or game room as may be from time to time required by the town clerk.

(Ord. dated 4-6-81, § 4; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.08.040  License fee.  The fee for every such license shall be that provided in chapter 3.06 of this Code. All licenses issued under this chapter shall expire on the thirtieth day of November. No rebate shall be made from a license fee for any licensed term of less than one year.

(Ord. dated 4-6-81, § 10; Ord. dated 12-6-05)

 

5.08.050  License – Transferability.  If the licensee moves his or her place of business to another location within the town, the license may be transferred to such new location upon application to the town council, giving the street address and the assessor’s plat and lot number of the new location. The new location shall be approved by the zoning enforcement officer in the manner provided in § 5.04.050 of this Code.

(Ord. dated 4-6-81, § 6(c), Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.08.060  Operating without license prohibited – Penalty.  Every person who operates a billiard table, pool table or game room in any shop, saloon or place of business within the town, without having a license in accordance with this chapter, may be punished by a fine of twenty dollars or imprisonment for a period not exceeding three (3) months for each offense, pursuant to R.I. Gen. Laws § 5-2-12.  Each day without such license shall constitute a separate violation.

(Ord. dated 4-6-81, § 7; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.08.070  Failure to comply with conditions.  Any licensee who fails to comply with any condition placed on the license by the town council, or any order of the town council relating to operation or maintenance of the billiard table or game room, shall be punishable by a fine of fifty dollars ($50), pursuant to R.I. Gen. Laws § 5-2-2.

(Ord. dated 12-1-09)

 

REFERENCES

Title 5, chapter 2 of the general laws; Code § 3.06.030.

 

Chapter 5.20 HAWKERS, PEDDLERS AND DOOR TO DOOR SALESPERSONS

 

5.20.010          Definitions.

5.20.020          License required.

5.20.030          License application.

5.20.040          One-year and thirty-day licenses.

5.20.050          License fee.

5.20.060          Exemptions and limitations.

5.20.070          Transferability – Possession on person required.

5.20.080          Violation – Penalty.

 

5.20.010  Definitions.  The following words shall have the following meaning when used in this Chapter:

 

A.  A “hawker” is a person selling or offering for sale any goods, wares, or merchandise from a stationary location on any public street, highway, or right of way.

 

B.  A “peddler” is a person selling or offering for sale any goods, wares, or merchandise from a moving vehicle, cart, or any other conveyance.

 

C.  A “door to door salesperson” is a person over the age of eighteen (18) who sells or attempts to sell merchandise at the home of a person who has not invited the door to door salesperson to his or her home for the purpose of selling merchandise. Door to door salespersons must present a copy of the license to each person prior to solicitation.

(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 8-23-11; Ord. dated 9-4-18 effective 1-1-19)

 

5.20.020  License required.  No person shall sell or offer for sale any goods, wares, or merchandise as a hawker or peddler on any street or highway in the town, or as a door to door salesperson, without first having obtained a hawker, peddler, or door to door salesperson license.

(Ord. dated 9-20-82, § 2-1; Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 8-23-11)

 

5.20.030  License application.  

A.  Application for a license issued pursuant to this Chapter shall be made upon a form provided by the town clerk. An applicant shall submit two forms of identification containing the applicant’s address. No license shall be issued unless the applicant submits proof that he or she has been issued a permit to make sales at retail by the state division of taxation.

 

B.  The town clerk shall refer every application for a door to door salesperson’s license to the chief of police, who shall make whatever inquiries he or she determines are necessary to establish the good character of the applicant and the truth of the information contained in the application form. The police chief shall recommend, in writing, issuance of the license or denial of the application.

(Ord. dated 12-6-11; Ord. dated 9-2-14; Ord. dated 9-4-18 effective 1-1-19)

 

5.20.040  One-year and thirty-day licenses.

A.  The town council shall approve or deny applications for one-year licenses. Any such license shall expire one year after the date of issuance. The town clerk shall note the expiration date on the face of the license.

 

B.  The town clerk shall have the authority to issue thirty-day licenses to hawkers, peddlers, or door to door salespersons. The applicant must satisfy the requirements of section 5.20.030A of this Chapter. The license shall expire thirty days after the date of issuance. The town clerk shall note the expiration date on the face of the license.  No more than one thirty-day license shall be issued to any person during any calendar year. A thirty-day license cannot be renewed.

 

C.  If the town clerk denies an application for a thirty-day hawker’s, peddler’s, or door to door salesperson’s license, the applicant shall have the right to make the same application to the town council. 

(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 8-23-11; Ord. dated 12-6-11; Ord. dated 9-2-14)

 

5.20.050  License fee.  The fee for a license issued pursuant to this chapter shall be that provided in chapter 3.06 of this Code.

(Ord. dated 12-1-09; Ord. dated 9-2-14)

 

5.20.060  Exemptions and limitations. 

A.  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.

(Ord. dated 12-6-05)

 

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.

(Ord. dated 12-6-05)

 

C.  No license is required of any person peddling or selling any article of wearing apparel manufactured with his or her own hands.

(Ord. dated 12-6-05)

 

D.  No licensed hawker or peddler shall sell or offer for sale any single ware, or item having a retail value of more than three hundred dollars ($300), except on behalf of a non-profit corporation authorized to do business in Rhode Island.

 

E.  No operator of a mobile food service establishment, as that term is defined in R.I. Gen. Laws § 5-11.1-3(5), is required to obtain a hawker or peddler license provided that the mobile food service establishment is registered with the R.I. department of health pursuant to Title 5, Chapter 11.1 of the general laws. 

(Ord. dated 12-6-05; Ord. dated 9-4-18 effective 1-1-19)

 

E.  No door to door salesperson, whether or not he or she is selling articles for which a door to door salesperson's license is required, shall enter on to private property for the purpose of soliciting a sale earlier than 9:00 a.m. or later than sunset or 8:00 p.m., whichever occurs earlier.  

(Ord. dated 10-15-13)

 

5.20.070  Transferability – Possession on person required. No license issued pursuant to 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 thereunder. Every licensee shall carry with him or her such license while engaged in peddling and produce the same when required by a law enforcement officer. 

(Ord. dated 9-20-82, § 2-5; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.20.080  Violation – Penalty.  Any person who shall engage in hawking, peddling, or door to door sales without a license shall be punishable by a fine of not more than two hundred dollars ($200) for any one offense, or imprisonment not exceeding ten (10) days. Each individual sale or offer of sale shall be considered a separate offense. 

(Ord. dated 9-20-82, § 2-6; Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 8-23-11)

 

REFERENCES

R.I. Gen. Laws Title 5, Chapter 11.1; §§ 5-11-1.1, 5-11-11, 5-11-18; Code § 3.06.100.

 

Chapter 5.24 FLEA MARKET VENDORS, DEALERS IN SECOND-HAND ARTICLES, AND AUTOMOBILE JUNKYARDS

 

5.24.010          License required.

5.24.020          License application.

5.24.030          Hearing on application.

5.24.040          License fees.

5.24.050          License expiration date.

5.24.060          Records required.

5.24.070          Exceptions.

5.24.080          Automobile junkyard – Definition.

5.24.090          Conditions of automobile junkyard license.

5.24.100          Violation – Penalty.

 

5.24.010  License required.  No person shall engage in the business of purchasing, selling, bartering, or dealing in junk, old metals, or any second-hand articles, whether as a keeper of a shop or storehouse for the reception of the same, or a vendor of used articles at a flea market, or as foundryman or other person receiving the same for the purpose of melting the same, or converting the same into castings, or as the owner or operator of an automobile junkyard, unless such person shall be licensed by the town council and subject to the conditions and restrictions set out in this Chapter.

(Ord. dated 3-14-55, § 1; Ord. dated 11-21-83 (part); Ord. dated 12-6-05)

 

5.24.020  License application.

A.  Every applicant for a license under this Chapter shall set forth, with full particulars, upon a form to be furnished by the town clerk, answers to the following questions: 

1.   Name, address, and telephone number of residence and place of business;

2.   Business employment of the applicant during the five years next preceding the application;

3.   Date of birth;

4.   Purpose for which the license is requested, and the street address and assessor’s plat and lot number of the premises where the business will be operated;

5.   Whether the applicant holds any license issued by any other city or town, and if so, the type of license, and the city or town that issued it.

 

B.  Applications filed under this Chapter shall be referred to the chief of police for his recommendation  before being acted upon by the town council.

(Ord. dated 3-14-55; Ord. dated 11-21-83 (part) § 12; Ord. dated 12-6-05)

 

5.24.030  Hearing on application.

A.  An application for a new license to operate a shop or storehouse, or an automobile junkyard, at a fixed location shall be granted only after a public hearing.

 

B.  The date, time, and location of the public hearing shall be advertised in a newspaper of general circulation in town, and shall be posted in two separate places in town, at least seven (7) but no more than fourteen (14) days before the date of the public hearing. The applicant shall bear the expense of the advertising.

 

C.  No license shall be granted for any location not lawfully occupied for the purpose at the time of the application if the owners or occupants of the greater part of the land within two hundred feet of the building or place object to the granting of the license.

(Ord. dated 3-14-55, § 16; Ord. dated 11-21-83 (part); Ord. dated 12-6-05)

 

5.24.040  License fees.  The annual fees for licenses issued pursuant to this chapter shall be those provided in chapter 3.06 of this Code.

( Ord. dated 3-14-55, § 13; Ord. dated 11-21-83(part); Ord. dated 12-6-05)

 

5.24.050  License expiration date.  All licenses issued under this chapter shall expire on December 31, and no rebate shall be made from the license fee for any licensed term less than one year.

(Ord. dated 3-14-55, § 14; Ord. dated 11-21-83(part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.24.060  Records required. 

A.  Each person purchasing or receiving old or used metals other than junked automobiles or automobile parts shall keep a contemporaneous record in ink of the business done by him or her as follows:

1.   A description of every article purchased or sold;

2.   The name and residence of the person from or to whom the same was purchased or sold;

3.   The day and hour of such purchase or sale.

4.   The telephone number and signature of the person from whom the old or used metals were purchased or received and the price paid for the old or used metals.

 

(Ord. dated 3-14-55, § 4; Ord. dated 11-21-83 (part); Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 2-18-14)

 

5.24.070  Exceptions.  This chapter shall not apply to shops for the purchase, sale or barter of books, pamphlets and periodicals, or automobile dealers licensed by the motor vehicle license commission.

(Ord. dated 3-14-55 § 15; Ord. dated 11-21-83 (part); Ord. dated 12-6-05; Ord. dated 2-18-14)

 

5.24.080  Automobile junkyard – Definition.  As used in this chapter, an automobile junkyard is a place where one or more unserviceable, discarded, worn-out, or junked automobiles, or bodies, engines, tires, parts, or accessories of junked automobiles, are gathered together.  It does not include automobile wrecking and salvage yards licensed by the department of business regulation pursuant to title 42, chapter 14.2 of the general laws.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.24.090  Conditions of automobile junkyard license.  No new license shall be granted for an automobile junkyard unless:

 

A.  1.   It is to be operated and maintained entirely within a building; and

2.   It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or

 

B.  1.   It is more than one thousand (1,000) feet from the nearest edge of any highway on the interstate or primary system, and

2.   It is more than six hundred (600) feet from any other state highway, and

3.   It is more than three hundred (300) feet from any park, bathing beach, playground, school, church, or cemetery and is not within ordinary view from those places; and

4.   It is screened from view either by natural objects or well constructed and properly maintained fences at least six (6) feet high acceptable to the building official.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.24.100  Violation – Penalty.  

A.  Any person who engages in the selling, purchasing, bartering, or dealing in junk, old metals, or any other second-hand articles or the operation of an automobile junkyard without a license shall be punishable by a fine of not more than five hundred dollars ($500), or imprisonment for not more than six (6) months.

 

B.  Any person who operates an automobile junkyard not in compliance with the conditions contained in section 5.24.090 shall be guilty of a misdemeanor and shall be subject to the following penalties: Upon conviction of a first offense, a fine of not less than fifty dollars ($50) and not more than one hundred dollars ($100), or imprisonment for not less than ten (10) days and not more than thirty (30) days, or both; and upon conviction of a second or subsequent conviction, a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or imprisonment for not less than thirty (30) days and not more than six (6) months, or both.

(Ord. dated 3-14-55, § 17; Ord. dated 11-21-83 (part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

REFERENCES

Title 5, chapter 21 of the general laws; Code § 3.06.090.

           

Chapter 5.28 LAUNDRIES

 

5.28.010          License required.

5.28.020          License application.

5.28.030          License fee.

5.28.040          License duration.

5.28.050          Suspension or revocation of license.

5.28.060          Violation – Penalty.

 

5.28.010  License required.  No person shall conduct or operate a public laundry in the town without first having obtained a license from the town council.

(Ord. dated 5-13-63, § 1)

 

5.28.020  License application.

A.  The application for a laundry license shall be on a form provided by the town clerk, and shall state the name of the person applying, the location of the public laundry and the means of disposal of the used laundry water and other waste materials.

 

B.  Immediately upon receipt of a license application or license renewal application, the town clerk shall transmit the application to the building official, who shall inspect the premises, including an inspection of the means of disposal of the used laundry water and other waste materials, and recommend to the town council issuance or denial of the license or renewal.

 

C.  The town council shall act on a laundry license application within forty (40) days of the day it is received, in completed form, by the town clerk. The decision of the town council shall be in writing and shall be delivered to the applicant. Any license applicant or license holder aggrieved by a decision of the town council may appeal the decision to the Superior Court for Providence and Bristol counties within thirty (30) days of receipt of the decision.

(Ord. dated 5-13-63, § 4; Ord. dated 12-6-05)

 

5.28.030  License fee.  The fee for a license for a public laundry shall be that provided in chapter 3.06 of this Code.

(Ord. dated 5-13-63, § 2; Ord. dated 12-6-05)

 

5.28.040  License duration.  Every license issued under this Chapter shall expire on June 30, unless sooner revoked or suspended.

(Ord. dated 5-13-63, § 3, Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.28.050  Suspension or revocation of license.  The town council may, for cause shown, suspend or revoke any license issued under this Chapter. The license holder shall receive at least seven (7) days notice of any public hearing at which license suspension or revocation is considered.

(Ord. dated 12-6-05)

 

 5.28.060  Violation – Penalty.  Any person who operates or maintains a public laundry without a license shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than ten (10) days, or both. Each day of operation of public laundry without a license, after due notice from the town council, shall be deemed a separate offense.  (Ord. dated 5-13-63, § 6; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

REFERENCES

Title 5, chapter 16 of the general laws; Code § 3.06.120.

 

Chapter 5.30 RETAIL SALE OF TOBACCO PRODUCTS

Repealed 3/17/20

 

Chapter 5.32 ALCOHOLIC BEVERAGE LICENSES

 

5.32.010          Authority of town council.

5.32.020          Application for license.

5.32.030          “Granted but not issued” licenses.

5.32.040          Term.

 

5.32.010  Authority of town council.  The town council shall have the authority to issue, renew, transfer, suspend, or revoke alcoholic beverage licenses in accordance with title 3 of the general laws.

(Ord. dated 12-6-05)

 

5.32.020  Application for license.  Application for issuance or renewal of an alcoholic beverage license shall be made to the town clerk on a form provided for that purpose. The license fee shall be that contained in chapter 3.06 of this Code. The applicant also shall pay for the cost of the newspaper advertisement of the public hearing on the application.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.32.030  Granted but not issued” licenses.  Notwithstanding the provisions of rule 14 of commercial licensing regulation 8, promulgated by the R.I. department of business regulation, division of commercial licensing, liquor control administration, entitled “Granted license (not issued) – Retail,” the town council shall not approve, and the town clerk shall not accept, a retail liquor license application if the applicant will not be able to fully comply with the conditions and criteria necessary for the issuance of the license at the time the license application is approved.

(Ord. dated 3-6-12)

 

5.32.040  Term.  Every license issued pursuant to this Chapter shall expire on the first day of December. 

(Ord. dated 12-6-05; Ord. dated 3-6-12)

 

REFERENCES

Title 3, chapter 7 of the general laws; Code § 3.06.010.

 

Chapter 5.44 ENTERTAINMENTS

 

ARTICLE I.    OUTDOOR PUBLIC ENTERTAINMENTS

5.44.010          License required.

5.44.020          Form of application.

5.44.030          Public hearing.

5.44.040          Notice to abutting property owners.

5.44.050          Renewal.

5.44.060          Safety, health and welfare requirements.

5.44.070          Hours.

5.44.080          Closing of premises – Sleeping on premises prohibited.

5.44.090          Insurance.

5.44.100          License fee.

5.44.110          Waivers.

5.44.120          Penalties.

 

ARTICLE II.   INDOOR PUBLIC ENTERTAINMENTS

5.44.200          License required.

5.44.210          Inspections required.

5.44.220          Places licensed to sell alcoholic beverages.

5.44.230          Public safety requirements.

5.44.240          Penalties.

 

ARTICLE I.   OUTDOOR PUBLIC ENTERTAINMENTS

 

5.44.010  License required.  No person shall hold or conduct a music festival, concert or other outdoor public entertainment without first obtaining a license from the town council.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05)

 

5.44.020  Form of application.  Any person applying for such a license shall file an application with the town clerk on a form approved for that purpose.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05)

 

5.44.030  Public hearing.  The town council shall conduct a public hearing on each application for a license under this Article. A license may be denied or revoked only on the ground that the event, as proposed, would present a danger to the public health or safety.

(Ord. dated 12-6-05)

 

5.44.040  Notice to abutting property owners.  The applicant shall notify all owners of property within two hundred feet of the site of the entertainment by first class mail that the license application has been filed, and the date, time, and location of the public hearing on the license application. The applicant shall bear the cost of the postage. The notices shall be mailed at least ten days before the date of the public hearing but no more than ten weeks before the date of the public hearing.

(Ord. dated 11-9-92(part); Ord. dated 7-20-93; Ord. dated 12-6-05; Ord. dated 5-20-08; Ord. dated 12-1-09)

 

5.44.050  Renewal.  For the purposes of advertising, notice to abutting property owners, and public hearing, every license application shall be treated as a new application. 

(Ord. dated 1-6-15)   

 

5.44.060  Safety, health and welfare requirements.  A licensee of an event that will take place during one or more 24-hour periods shall satisfy the following conditions:

 

A.  The number of police personnel required to be on duty at any outdoor entertainment shall be two police officers or constables for the first one hundred fifty persons attending and one additional officer or constable for each additional one hundred fifty persons attending, to be stationed by the chief of police. The licensee shall pay all police officers or constables at their prevailing hourly rate.

 

B. The licensee shall provide an off-street parking area, with a number of parking attendants adequate to supervise orderly handling of traffic. Traffic shall be directed by police officers or constables employed at the expense of the licensee, the number of whom shall be determined by the chief of police.

 

C.  The licensee shall provide, at minimum, the number of portable toilets required by R.I. department of health regulations for recreational facilities.

 

D.  All trash and rubbish shall be collected and removed from both the entertainment area and the parking area within twenty-four hours of the conclusion of the event.

 

E.  The town council shall have the authority to require a licensee to post a bond at the time the license is issued to cover the cost of damage to property in the vicinity of the entertainment, including the parking area(s), if the town council has reason to believe that such damage is reasonably likely to occur. 

(Ord. dated 12-6-05; Ord. dated 3-19-13; Ord. dated 1-6-15; Ord. dated 8-16-16)

 

5.44.070  Duration Hours.  A license granted pursuant to this Article shall be for one or more twenty-four-hour periods, for one month, for three months, for six months, or for one year. Events shall commence no earlier than 8:00 a.m. and shall conclude no later than 11:00 p.m. of the same day, provided however, that if the entertainment takes place on the premises of an establishment with a victualing license or an alcoholic beverage license, the town council shall have the authority to establish a different hour at which the entertainment must begin or end and the days of the week on which the entertainment is permitted to take place. If the entertainment is held at an establishment licensed to serve alcoholic beverages, the licensee shall not permit the entertainment to continue beyond the authorized closing time.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 3-19-13; Ord. dated 1-6-15; Ord. dated 8-16-16)

 

5.44.080  Closing of premises – Sleeping on premises prohibited.  Both the premises where the event is held and the parking area shall be closed as expeditiously as possible after the conclusion of the event and no sleeping is permitted on the grounds or in vehicles in either area.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05; Ord. dated 1-6-15)

 

5.44.090   Insurance.

A.  Each outdoor entertainment licensee shall carry $1,000,000 (one million dollars) in general liability insurance coverage for the duration of the licensed event. The policy shall name the Town of Richmond as an additional insured.

 

B.  The town council shall have the authority to require the licensee for a particular event to carry more than $1,000,000 (one million dollars) in general liability insurance coverage, or to carry an additional type of coverage, if the entertainment event is likely to pose an elevated risk, or if alcoholic beverages will be consumed at the event and the licensee does not carry liquior liability insurance.

 

C.  The town council shall have the authority to reduce the amount of insurance coverage required if the licensee can demonstrate that the financial exposure associated with the event will be minimal. 

(Ord. dated 8-16-16)

 

5.44.090  License fee.  The fee for an outdoor entertainment license shall be the amount provided in chapter 3.06 of this Code, payable upon issuance of the license. Applications by religious, charitable, and civic organizations are exempt from the license fee but are not exempt from any administrative fee for processing the license application.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05; Ord. dated 1-7-14; Ord. dated 1-6-15)

 

5.44.100  Waivers. 

The town council may, in its discretion, waive any requirement of section 5.44.060, 5.44.070, or 5.44.080 for any event sponsored by or on behalf of a religious, charitable, or civic organization.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05; Ord. dated 1-6-15; Ord. dated 8-16-16)

 

5.44.110  Penalties.  Violation of any provision of this Article shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or both.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05; Ord. dated 1-6-15)

 

REFERENCES

Title 5, chapter 22 of the general laws; Code § 3.06.080; R.I. Department of Health Rules and Regulations for Licensing of Recreational Facilities; Resolution of the Town Council Concerning Insurance Coverage for Events on Town Property and Licensed Entertainment Events adopted 19 July 2016.

 

ARTICLE II.   INDOOR PUBLIC ENTERTAINMENTS

 

5.44.200  License required. 

A.  No person shall hold or conduct any public indoor entertainment or exhibition without first obtaining a license from the town council.

 

B.  Any person applying for such a license shall file an application with the town clerk on a form  provided for that purpose. An application for a license under this Article shall be filed at least thirty (30) days prior to the town council meeting at which it will be considered.

 

C.  The fee for a license for indoor entertainment shall be the fee provided in Chapter 3.06 of this Code. Religious, charitable, and civic organizations are exempt from the license fee.

 

D.  The town council may grant licenses under this Article for one or more twenty-four-hour periods, or for any period of time not to exceed one year. The town council may deny, revoke, or refuse to renew a license under this Article only on the ground that the location of the entertainment presents a danger to the public health or safety.

(Ord. dated 7-20-93; Ord. dated 11-9-92(part); Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.44.210  Inspections required.

A.  No license shall be issued for a show, event, or entertainment until the building has been inspected by the building official and by the appropriate fire official. The building official and the fire official shall certify in writing to the town council that the building satisfies all applicable codes and is safe for the purpose for which the license is sought.

 

B.  Whenever a license is granted for a term of more than thirty (30) days, the town council shall cause the building to be inspected monthly by the building official and a fire official during the period of the license. The licensee shall bear the expense of the inspections.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05)

 

5.44.220  Places licensed to sell alcoholic beverages.  If the entertainment is held in place of business that is licensed to serve alcoholic beverages, the licensee shall not permit the entertainment or exhibition to continue beyond the authorized closing time.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05)

 

5.44.230  Public safety requirements.  The chief of police shall assign an adequate number of officers or constables to the event and shall control the number of persons allowed in the entertainment area of the building. All police officers and constables shall be paid at the prevailing hourly rate by the licensee.

(Ord. dated 12-6-05)

 

5.44.240  Penalties.  Violation of any provision of this Article shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or both.

(Ord. dated 11-9-92 (part); Ord. dated 12-6-05)

 

REFERENCES

Title 5, chapter 22 of the general laws; Code § 3.06.080.

 

Chapter 5.50 VICTUALING

 

5.50.010          Authority of town council.

5.50.020          Application for license.

5.50.030          Hours of operation – Additional hours.

5.50.040          Term.

5.50.050          Penalty for violation.

 

5.50.010  Authority of town council.  Every business where food is prepared on the premises or consumed on the premises, or both, shall obtain a victualing license annually in accordance with title 5, chapter 24 of the general laws. The town council shall have the authority to issue, renew, suspend, or revoke such licenses.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.50.020  Application for license.  Application for issuance or renewal of a victualing license shall be made to the town clerk on a form provided for that purpose. The license fee shall be that contained in chapter 3.06 of this Code. If newspaper advertising of the application is required, the applicant shall bear the expense of such advertising.

(Ord. dated 12-6-05)

 

5.50.030  Hours of operation – Additional hours.  Any business with a victualing license shall be permitted to prepare food or serve food for consumption on the premises, or both, continuously after 6 a.m. but not after 2 a.m. The town council may grant to the holder of a victualing license a permit to prepare food or serve food for consumption on the premises, or both, between the hours of 2 a.m. and 6 a.m. upon a showing of public convenience and necessity after a public hearing. The date, time and location of the public hearing on such an application shall be advertised once a week for three (3) consecutive weeks in a newspaper published and circulated in Washington County.

(Ord. dated 12-6-05; Ord. dated 12-1-09; ord. dated 2-15-11)

 

5.50.040  Term.  Every license issued pursuant to this chapter shall expire on the first day of December.

(Ord. dated 12-6-05)

 

5.50.050  Penalty for violation.  Any business required to hold a victualing license or an additional hours victualing license that prepares food or serves food for consumption on the premises, or both, without possessing the appropriate license, or that prepares or serves food at some place other than the licensed premises, shall be subject to a fine of fifty dollars ($50) for each offense. Each day of violation shall be considered a separate offense.

(Ord. dated 2-15-11)

 

REFERENCES

Title 5, chapter 24 of the general laws; Code § 3.06.180.

 

Chapter 5.52 HOLIDAY SALES

 

5.52.010          License required

5.52.020          License  fee.

5.52.030          Violation – Penalty.

 

5.52.010  License required.  Any retail establishment desiring to open on New Year’s Day, Memorial Day, the Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day (in those years that the governor by public proclamation designates it as a legal holiday), and Christmas Day, or on any day on which any of those holidays is officially celebrated, shall first obtain a license from the town council in accordance with R.I. Gen. Laws § 5-23-2, as amended. The town clerk shall issue the license for a period from the date of the issuance of the license until the following December 31.

(Ord. dated 2-12-60, § 1; Ord. dated 10-21-85 (part); Ord. dated 10-18-05; Ord. dated 12-6-05; Ord. dated 12-1-09)

  

5.52.020  License fee.  The fee for the license shall be that provided in chapter 3.06 of this Code. (Ord. dated 2-12-60, § 2; Ord. dated 10-21-85 (part); Ord. dated 10-18-05; Ord. dated 12-6-05)  

 

5.52.030  Violation – Penalty.  Violation of any provision of title 5, chapter 23 of the general laws shall be punishable by a fine not exceeding five hundred dollars ($500) for the first offense and a fine not exceeding one thousand dollars ($1,000) for each subsequent offense. In addition, the penalty for operating a retail business on Thanksgiving Day or Christmas Day in violation of title 5, chapter 23 shall be a fine not exceeding thirty percent (30%) of the sales or proceeds from that day.

(Ord. dated 2-12-60, § 3; Ord. dated 10-21-85 (part); Ord. dated 10-18-05; Ord. dated 12-6-05; Ord. dated 12-1-09)  

 

REFERENCES

Title 5, chapter 23 of the general laws; Code § 3.06.150.

 

 

Chapter 5.56 REFUSE COLLECTION AND HAULING

 

5.56.010          Definitions.

5.56.020          License required.

5.56.030          Term of license – Fee.

5.56.040          Recycling required.

5.56.050          Allocation of municipal tipping rate.

5.56.060          Recycling plan.

5.56.070          Operation of vehicles transporting refuse.

5.56.080          Eligibility for license.

 

5.56.010  Definitions.  The following words or phrases shall have the following meaning when used in this Chapter. If any definition in this section is inconsistent with a definition in the general laws or in a regulation promulgated by the department of environmental management, the definition in the statute or regulation shall govern.

 

Central landfill – The landfill in Johnston operated by the R.I. resource recovery corporation.

 

Materials recycling facility – The recycling facility in Johnston operated by the R.I. resource recovery corporation.

 

Municipal solid waste – Garbage, refuse, and other discarded solid materials generated by Richmond residents in the course of their daily living or generated by public schools and municipal or state offices and facilities in Richmond.  Excluded from this definition are domestic sewage or sewage sludge or dredge material, hazardous waste, asphalt, concrete, and Portland cement. Municipal solid waste does not include solid waste generated by Richmond residents in the course of their employment in Richmond, or solid waste generated by any manufacturing or commercial enterprise.

 

Municipal tipping rate – The rate per ton charged to the town for municipal solid waste delivered to the central landfill. The municipal tipping rate applies only to municipal solid waste within the annual tonnage cap established by the R.I. resource recovery corporation.  

 

Recyclable materials – Materials separated from solid waste for reuse. Recyclable materials are defined by department of environmental management regulations.

 

Transfer station – The transfer station on Buttonwoods Road operated by the town of Richmond.

(Ord. dated 2-16-10; Ord. dated 7-17-12)

 

5.56.020  License required.  Every person or entity engaged in the business of collection or hauling of refuse in Richmond shall be licensed by the town council. Application shall be made to the town clerk on a form provided for that purpose.

(Ord. dated 12-3-91 (part); Ord. dated 12-6-05; Ord. dated 2-16-10)

 

5.56.030  Term of license Fee.  Licenses issued pursuant to this chapter shall expire on the first day of March of each year. The annual license fee shall be that provided in Chapter 3.06 of this Code.

(Ord. dated 12-6-05; Ord. dated 2-16-10)

 

5.56.040  Recycling required. 

A.  Every refuse collector and hauler licensed under this Chapter shall provide regularly-scheduled recycling collection services to every residential customer.

 

B.  Every refuse collector and hauler licensed under this Chapter shall ensure that recyclable materials are separated from other municipal solid waste at the source of generation.

 

C.  Every refuse hauler licensed under this chapter shall deposit all recyclables collected from residential customers in Richmond at the transfer station or at the materials recycling facility.

 

1.   The transfer station will accept, free of charge, municipal recyclables and recyclables generated by a manufacturing or commercial enterprise. The town will assume responsibility for transporting the recyclables to the materials recycling facility.

2.   If a refuse hauler deposits municipal recyclables at the materials recycling facility, the recyclables must be credited to the town of Richmond when deposited.

 

D.        The transfer station will accept municipal solid waste from which recyclables have been removed only if deposited by individual Richmond residents.

(Ord. dated 2-16-10; Ord. dated 7-17-12)

 

5.56.050  Allocation of municipal tipping rate.  Each year, a portion of the town’s right to tip at the central landfill at the municipal tipping rate will be fairly allocated among the refuse haulers licensed under this chapter.

 

A.  No later than April 30, the public works director shall estimate the number of tons of non-recyclable municipal solid waste that will be deposited at the transfer station for transportation to the central landfill during the next fiscal year. The right to tip that tonnage at the municipal tipping rate will be reserved for the town. The annual tonnage cap established by the R.I. resource recovery corp., minus the tonnage reserved to the town, will be allocated among refuse haulers licensed under this chapter who satisfy the requirements of 5.56.040 and subsections B and C. of this section.  

 

B.  No later than April 30, each licensed refuse hauler must submit to the public works director a list of its residential customers in Richmond. Street addresses and telephone numbers may be redacted. The public works director will use the information to determine each hauler’s percentage of the residential refuse collection business in Richmond. The available tipping capacity at the municipal rate will be divided among licensed refuse haulers according to the hauler’s share of the refuse collection business. The refuse hauler will have the right to tip that amount of municipal solid waste at the central landfill at the municipal tipping fee.

 

C.  A refuse collector and hauler shall deposit 35 pounds of recyclables at the transfer station or the materials recycling facility for every 65 pounds of municipal solid waste deposited at the central landfill each month to be eligible to use the municipal tipping rate. 

(Ord. dated 7-17-12)

 

5.56.060  Recycling plan.  No refuse collector and hauler shall be licensed under this Chapter unless the refuse collector and hauler has an approved recycling plan.

 

A.  No later than January 31, each refuse hauler shall submit to the public works director, for his or her approval, a written recycling plan demonstrating that the refuse hauler has adequate equipment and operational capability to satisfy the requirements of this Chapter and is familiar with the statutes, ordinances and rules and regulations applicable to municipal recycling.

 

B.  Within thirty (30) days of enactment of this section, each currently-licensed refuse hauler shall submit to the public works director, for his or her approval, the written recycling plan required by subsection A.

 

5.56.070  Operation of vehicles transporting refuse.  No person shall operate any vehicle upon a public highway in Richmond in which refuse or solid waste is carried unless the refuse or solid waste is covered or properly secured to prevent the contents of the vehicle from falling out and littering the highway.

(Ord. dated 2-16-10; Ord. dated 7-17-12)

 

5.56.080  Eligibility for license.  Any person or entity convicted of violating any statute relating to bribery, fraud, or bid-rigging in this state or in any other state shall be ineligible for licensing under this ordinance for a period of three (3) years from the date of conviction.

(Ord. dated 2-16-10)

 

REFERENCES

Title 23, ch.18.9, 19 of the general laws; Code § 3.06.140, ch. 8.18.

 

Chapter 5.58 SEASONAL RECREATIONAL FACILITIES AND OTHER SEASONAL TOURIST ACCOMMODATIONS

 

5.58.010          Facilities licensed.

5.58.020          License required.

5.58.030          Contents of application.

5.58.040          Compliance with applicable laws.

5.58.050          Public hearing.

5.58.060          License fee.

5.58.070          Term of license – Amended license.

5.58.080          Records to be kept.

5.58.090          Information to be provided to tax assessor.

5.58.100          Operating without license prohibited.

 

5.58.010  Facilities licensed.  This Chapter requires the municipal licensing of recreational facilities and other tourist accommodations including, but not limited to, hotels, motels, motor courts or inns, tourist cabins, camping areas, recreational campgrounds, and facilities for recreational vehicles or trailers, that are operated on a seasonal basis, rather than on a year-round basis, and are occupied by guests or lessees by the day, week, month, or season. This Chapter is enacted under the authority of 1962 R.I. pub. laws ch. 240.

(Ord. dated 12-6-05)

 

5.58.020  License required.  No person, firm or corporation shall operate, or allow to be operated, a  recreational facility or other seasonal tourist accommodation facility without first having obtained a license from the town council in accordance with this Chapter. Application for such license shall be made on a form provided by the town clerk for that purpose.

(Ord. dated 12-6-05)

 

5.58.030  Contents of application.  The applicant for such a license shall provide the following information:

 

A.  Name, address, and telephone number of the applicant, name, address and telephone number of the owner of the real property on which the facility is located, and name, address, and telephone number of the on-site manager of the facility.

 

B.  The location of the facility by street address and by plat and lot.

 

C.  The duration of the season, including opening and closing dates.

 

D.  A complete site plan, drawn to scale, that shows the location of entrances, interior streets, buildings, each unit, room, cabin, site, or individual leased area, identified by number.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.58.040  Compliance with applicable laws.  When the town clerk receives an application for a license or license renewal under this Chapter, he or she shall forward it to the zoning enforcement officer, who shall determine whether the facility is in compliance with all applicable municipal ordinances and all applicable state laws and regulations. The town council may deny a license or a license renewal to a facility that is not in compliance with such ordinances, laws, and regulations.

(Ord. dated 12-6-05)

 

5.58.050  Public hearing.  The town council shall conduct a public hearing on each application for a license or license renewal under this chapter. The date, time, location, and purpose of the public hearing shall be advertised in a newspaper of general circulation in the town at least seven days before the date of the hearing. The applicant shall pay the cost of the advertising.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.58.060  License fee.  The annual fee for a license shall be that provided in chapter 3.06 of this Code. The license fee is payable to the town clerk upon issuance of the license.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.58.070  Term of license – Amended license.

A. The term of a license issued under this Chapter shall be January 1 to December 31. Applications for license renewals must be filed by October 1 of each year.  A license for which no renewal application is submitted shall expire automatically at the end of the term. Each licensed facility is permitted to operate only between the opening date and closing date listed on the application form, notwithstanding the term of the license.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

B.  At any time during the term of a license, the owner or operator of the seasonal tourist accommodation facility shall have the right to apply for an amendment to the license for additional units, rooms, cabins, sites, or individual leased areas.

(Ord. dated 10-21-14)

 

5.58.080  Records to be kept.  Each licensee under this Chapter shall maintain records of the name and address of every guest or lessee of the facility, and the records shall be available for inspection by town officials upon request.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.58.090  Information to be provided to tax assessor.  No later than November 1 of each year, each licensee shall provide to the tax assessor information regarding recreational vehicles, motor homes, travel trailers, or mobile homes that have been kept or stored on the premises of the licensed facility for more than six consecutive months during the previous twelve months. The information provided shall include the name and address of the owner, and the make, model and year of manufacture of the recreational vehicle, motor home, travel trailer, or mobile home.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

5.58.100  Operating without license prohibited.  Any person who operates a recreational facility or other tourist accommodation without a current license shall be liable for prosecution pursuant to this Code. Each day of operation without such license shall constitute a separate violation.

(Ord. dated 12-6-05)

 

REFERENCES

1962 R.I. pub. laws ch. 240, Code § 3.06.170.

 

Chapter 5.60 DOG KENNELS

 

5.60.010          Definitions.

5.60.020          Licenses required.

 

5.60.010  Definitions.  The following words and phrases, whenever used in this Chapter, shall have the following meaning:

 

Dog boarding kennel means a place or establishment other than a pound or animal shelter where dogs not owned by the proprietor are sheltered, fed, and watered in return for a fee. 

 

Dog breeding kennel means a facility where purebred dogs are kept for breeding, stud, and exhibition purposes.

(Ord. dated 12-1-09)

 

5.60.020  Dog kennel license required.  No person, group of persons, or corporation shall operate a boarding kennel or a breeding kennel for dogs without a license issued by the town council. Application for such license shall be made in a manner prescribed by the clerk. The fee for the license shall be that provided by chapter 3.06 of this Code. The license shall expire on the first day of April.

(Ord. dated 12-1-09)

 

REFERENCES

R.I. Gen. Laws  §§ 4-13-10, 4-19-2, 4-19-6, 4-19-14; Code § 3.06.060. 

 

Chapter 5.64 PRIVATE DETECTIVES

 

5.64.010          Definition.

5.64.020          License required.

5.64.030          Application.

5.64.040          License.

5.64.050          Denial of application.

5.64.060          License suspension or revocation.

5.64.070          Penalty.

 

5.64.010  Definition.  A private detective is a person hired to investigate unsolved crimes, to undertake clandestine surveillance, to search for missing persons, or to search for lost or stolen property.

(Ord. dated 12-1-09)

 

5.64.020  License required.

A.  Every private detective whose principal place of business is in Richmond shall obtain a license from the town council.

 

B.  This section shall not apply to the following:

1.   A private detective licensed in another state working in this state temporarily.

2.   A person employed as an investigator by any federal or state agency or any city or town.

3.   A person employed to interview parties to or witnesses in litigation.           

4.   An employee or assistant to a licensed private detective who carries out his or her employer’s usual and customary business.        

5.   A professional genealogist.

6.   An insurance investigator.

7.   An employee of a credit reporting bureau or agency whose business is principally the furnishing of information about financial standing and credit responsibility.

8.   A computer forensic specialist who holds professional certification as a computer examiner.

(Ord. dated 12-1-09)

 

5.64.030  Application.  

A.  Application for a license issued pursuant to this Chapter shall be made upon a form to be provided by the town clerk. The town clerk shall refer every application to the chief of police, who shall make whatever inquiries he or she determines are necessary to establish the good character of the applicant and the truth of the information contained in the application form. The police chief shall recommend to the town council, in writing, issuance of the license or denial of the application.

 

B.  To be eligible for a license, a person shall:

1.   Be a citizen of the United States or a resident alien.

2.   Be of good moral character.

3.   Have the following professional training or experience:

(a) Employment for at least five (5) years as an investigator or officer with a state, county or municipal police department or with an investigative agency of the federal government or any state, county or municipality; or

(b)  A degree in criminal justice from an accredited college or university; or

(c)  Employment by a private detective as an investigator for at least five (5) years; or

(d) Substantively equivalent training or experience.

 

C.  The following persons are not eligible to be licensed:

1.     A person convicted of a felony in any jurisdiction.

2.     A person whose previous application for a private detective license was denied or whose previously-issued private detective license was revoked.

3.     A person who has been declared by a court to be incompetent by reason of mental defect or disease, unless the court has subsequently determined that the person’s competency has been restored.

4.     A person who suffers from habitual drunkenness or from narcotics addiction or dependence.

D.  A licensee is under a continuing obligation to notify the town clerk in writing of:

1.   Any material change in the information provided on the license application or on an application for renewal of the license, and

2.   Any event or circumstance that could affect his or her eligibility for the license.

(Ord. dated 12-1-09)

 

5.64.040  License.

A.  Upon approval of an application and renewal of a license, the town clerk shall issue to the licensee a card containing the license number and the licensee’s full name, date of birth, home address, height, weight, eye color, and hair color, the licensee’s  photograph and fingerprints, and the licensee’s signature.

 

B.  The license shall expire one year from the date it was issued. The expiration date shall appear on the face of the license.

 

C.  The fee for a license shall be that provided in chapter 3.06 of this Code.

 

D.  Before the town clerk issues a license, the licensee shall deliver to the town clerk a bond from a surety authorized to do business in this state in the amount of five thousand dollars ($5,000) conditioned for the benefit of any person injured by willful, malicious  or wrongful acts of the licensee.

 

E.  The license shall not be assigned or transferred.

(Ord. dated 12-1-09)

 

5.64.050  Denial of application.

A.  The town council shall have the right to deny a license application or an application for renewal of a license if the applicant or licensee:

1.   Fails to satisfy the requirements for a license, or

2.   Violates any provision of title 5, chapter 5 of the general laws or any provision of Chapter 5.64 of this Code, or

3.   Practices fraud, deceit or misrepresentation, or

4.   Is found to have made a material misstatement on the license application or on a license renewal application, or

5.   Demonstrates incompetence or untrustworthiness that would affect his or her ability to perform the work for which the license is issued.

 

B.  If the town council denies a license application or application for renewal, the town clerk shall notify the applicant of the denial in writing, stating the reason or reasons. The applicant shall have the right to request a hearing on the denial within fifteen (15) days of receipt of the denial notice. The hearing shall be conducted according to the applicable provisions of the state administrative procedures act. The applicant may obtain judicial review of the town council’s decision in the manner provided in § 5-5-18 of the general laws.

(Ord. dated 12-1-09)

 

5.64.060  License suspension or revocation.  The town council shall have the right to suspend or revoke a license if the licensee violates any provision of title 5, chapter 5 of the general laws or any provision of Chapter 5.64 of this Code, practices fraud, deceit or misrepresentation, or is found to have made a material misstatement on the license application or on a license renewal application. The town clerk shall notify the licensee of the suspension or revocation in writing, stating the reason or reasons. The licensee may request a hearing on the suspension or revocation in the manner provided in section 5.64.050(B) of this Code. 

(Ord. dated 12-1-09)

 

5.64.070  Penalty.  Any person who engages in the business of a private detective or holds himself or herself out as a private detective without a private detective license shall be punishable by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or imprisonment for a period not exceeding six (6) months, or both.

(Ord. dated 12-1-09)

 

REFERENCES

Title 5, chapter 5; title 42, chapter 35 of the general laws.

 

Published by ClerkBase
©2021 by Clerkbase. No Claim to Original Government Works.