Chapter 22 BUSINESSES
ARTICLE I. IN GENERAL
Sec. 22-1. Transfer of licenses.
Sec. 22-2. Advertising of application for license or permit.
Sec. 22-3. Holiday business.
Sec. 22-4. Open air auto sale lot.
ARTICLE II. FARMER'S MARKET
Sec. 22-5. Intent.
Sec. 22-6. Definitions.
Sec. 22-7. License required.
Sec. 22-8. Conditions.
Sec. 22-9. Application for permit.
Sec. 22-10. Fee required.
Secs. 22-11—22-20. Reserved.
ARTICLE III. HOURS OF OPERATION FOR A CASINO GAMING FACILITY
Sec. 22-21. Hours of operation for a casino gaming facility.
Secs. 22-22—22-34. Reserved.
ARTICLE IV. LICENSE RENEWALS
Sec. 22-35. Administrative license renewal.
Secs. 22-36—22-49. Reserved.
ARTICLE V. SALE AND STORAGE OF FIREWORKS
Sec. 22-50. Purpose.
Sec. 22-51. Definitions.
Sec. 22-52. Permits.
Sec. 22-53. Permit conditions.
Sec. 22-54. Inspection and inventory.
Sec. 22-55. Compliance.
Sec. 22-56. Penalty.
Sec. 22-57. Fire extinguishers.
Sec. 22-58. Severability.
Sec. 22-1. Transfer of licenses.
All petitions for all licenses to be taken over by another person, that is, transfer of a license from one person to another, when such transfer is permitted, shall have legal notice published thereon before the petitions shall come before the council for consideration.
(Code 1967, § 15-1)
Sec. 22-2. Advertising of application for license or permit.
Where advertising of an application for a license or permit is required by any ordinance of the town or by any state statute all costs of such advertising and all other necessary notices shall be paid by the license or permit applicant at the time the application is filed.
(Code 1967, § 15-2)
(a) Holiday includes: New Year's Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day (but only in those years that the governor by public proclamation designates it as a legal holiday), and Christmas, or on any day which any enumerated holiday is officially celebrated.
(b) Retail establishment includes any business making sales at retail, but this definition does not include victualling houses principally serving prepared food for consumption on and off the premises.
(c) A retail establishment shall not be open on a holiday unless licensed by the town council pursuant to this section and RIGL 5-23-1 et seq. (as amended). No license shall be issued for December 25 of any year or on Thanksgiving Day, except to those establishments set forth in RIGL 5-23-2 (as amended).
(d) All such holiday sales licenses shall terminate on November 30 of each year.
(e) The annual fee for such holiday sales licenses shall be $50.00 (maximum $100.00; provided such fee shall be on a pro rata basis for that period from July 1, 2005 to November 30, 2005).
(f) There shall be no licensing fee for any charitable, benevolent, educational, philanthropic, humane, patriotic, social service, civic, fraternal, police, fire, labor, or religious organization, which is not operated for profit.
(Ord. of 10-24-05)
Sec. 22-4. Open air auto sale lot.
(a) No person, firm or corporation, shall use any parcel of land located in the Town of Tiverton either as owner, lessee, or tenant thereof, for the purpose of conducting thereon an open air sales lot for new or used cars without first obtaining a license from the town council to do so.
(b) For the purpose of this section, an 'open air auto sales lot' is the commercial use of land for the display or sale of more than one new or used automobile, SUV, truck, van, trailer, or recreational vehicle. Non-commercial use, such as the occasional and temporary display use of used vehicle(s) by an individual both residing at the location and owning the used vehicle(s), shall not be applicable to this section.
(c) Application requirements.
(1) For consideration of a license, the prospective licensee must submit to the town council a property use plan indicating the maximum number of vehicles that may be stored thereon.
(2) A fee for a license under this article may be set by town council resolution.
(Ord. of 9-12-11(1), § 6)
It is the intent of the town council to permit the operation of farmer's markets in the Town of Tiverton for the benefit of local farmers.
(Ord. of 9-12-11(1), § 6)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:
Farmer's market is a specified land area managed by a single operator (known as the market manager) who rents or provides space/stalls to producers for the sale of products as specified below:
(1) Market manager is the individual designated with full responsibility and authority to enforce all rules of the market.
(2) Producer is a grower or producer or any person who is offering for sale articles for human consumption, such as fruits, vegetables, meats and fish, edible grains, nuts and berries, and apiary products, which have been grown or prepared by a grower or producer, and homemade baked goods, jams, jellies, fruit and herbal vinegars, and sauces, and/or non-edible items, such as herbal wreaths, potpourri, cut flowers, beeswax candles and scented oils. Sale of any type of meat, fish, or poultry, beverages or any article prohibited by the state health department shall also be prohibited by any person defined by this subsection.
(Ord. of 9-12-11(1), § 6)
No person or organization is permitted to conduct or operate a farmer's market without first obtaining a license to operate from the town council.
(Ord. of 9-12-11(1), § 6)
(a) Farmer's markets shall be permitted in accordance with the provisions of the zoning ordinance, except when the farmer's market is located at a municipal or school department facility or property with the permission of the town council or school committee, or on property owned or managed by the Tiverton Land Trust with their permission.
(b) If a farmer's market license is granted, the license granted hereunder shall be only during daylight hours between May 1 and November 1 unless specifically permitted otherwise by the town council.
(c) The license holder/market manager shall provide to the town clerk the names of producers and the location of land or facility used for production prior to the opening date of the farmer's market. The license holder/market manager shall update this list on a regular basis as any of the information required in this subsection changes.
(d) The town council may place conditions on the issuance of a farmer's market license, as required for the public's convenience, welfare, health and safety.
(Ord. of 9-12-11(1), § 6; Ord. of 9-12-22(1) )
Sec. 22-9. Application for permit.
Applications for licenses issued under this article shall be made upon forms prepared and made available by the town clerk and shall state:
(1) The full name of the applicant;
(2) A specific description of the location of the market;
(3) The open and closing dates of the market and the hours of operation;
(4) Names of producers and the location of land used for production;
(5) Designation of a market manager;
(6) A copy of the market rules.
(Ord. of 9-12-11(1), § 6)
A fee for a license under this article may be set by town council resolution.
(Ord. of 9-12-11(1), § 6)
Sec. 22-21. Hours of operation for a casino gaming facility.
(a) Unless defined herein, capitalized terms are defined consistent with the Casino Gaming and Entertainment Overlay District—CGE Zoning Ordinance, Article IV, Section 20 of the Tiverton Zoning Ordinances, adopted on April 12, 2017.
(b) Subject to a casino gaming facility securing a gaming and entertainment license from the Rhode Island Department of Business Regulations as authorized to operate 24 hours a day, the Town of Tiverton shall issue a license for 24-hour casino gaming facility operations as set forth herein:
(1) As pursuant to the Host Community Agreement for Casino Gaming Facility-Operations adopted on July 26, 2018, the Town of Tiverton and Twin River-Tiverton, LLC ("Twin River-Tiverton") adopted a public safety protocol (the "public safety protocol") which is incorporated herein subject to updates as required.
(2) An operational pilot program ("pilot") was established and tested during the first year of casino gaming facility operations.
(3) During the term of the Pilot, Twin River-Tiverton and Tiverton public safety officials reported and communicated on a quarterly basis to maintain and update, if necessary, the town council on the implementation of, and updates to, the public safety protocol.
(4) In the event that Twin River-Tiverton violates the terms of licensure issued hereunder, fails to implement or update the public safety protocol, and/or violates the terms of the Host Community Agreement, the town council as the licensing authority may issue a show cause notice with regard to the licenses issued hereunder.
(5) The initial interim 24-hour license was issued by the town council as licensing authority in August of 2018 and then re-issued as a one-year license on November 30, 2018. That license shall, subject to its provisions and the provisions of the ordinance and regulations of the town, remain valid and in full effect until November 30, 2019. Thereafter, in accord herewith, the licensee shall apply for annual renewal, together with the renewal of the licensee's Class B/C Liquor License.
( Ord. of 7-31-18(2) ; Ord. of 8-26-19(1) )
Sec. 22-35. Administrative license renewal.
The town clerk is, to the extent not barred by state authorizing statue, if applicable, authorized to administratively renew any license issued by the town, without placing the matter before the town council, if the following provisions are met:
(1) No public hearing is required for the renewal.
(2) The renewal application and the licensee are in compliance with all applicable provisions of state and local law pertaining to the license; and
(3) The licensee has not been issued a warning or subject to a show cause hearing in the previous year.
(4) The town clerk determines that there is no other reason why review by the council is preferable for the license renewal.
(5) Prior to taking action the town clerk will provide a list of licenses being issued on a council agenda under consent agenda items to allow for council review, and potential public input.
If the town clerk is not satisfied that the first four of these criteria are met, then the license renewal shall be [forwarded] to the council for review and decision.
( Ord. of 11-12-19(1) )
The purpose of this article is to protect the public's health, welfare, and safety in the vicinity of any area where fireworks are stored or sold within the Town of Tiverton and assist in fire prevention and suppression.
(Ord. of 8-12-12(1) )
Permitted fireworks means the fireworks permitted for sale are those that are authorized for sale without license by G.L. § 23-28.11-3 and § 11-13-1. These include, but are not limited to, ground and hand-held sparkling devices. These devices are ground based or hand-held devices that produce a shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (a mild audible crackling-type effect is not considered to be a report). Ground-based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this category.
Vendor means an individual person or legal entity allowed to sell or store fireworks in the State of Rhode Island, and more particularly, to sell, at retail or at wholesale, fireworks in the Town of Tiverton.
(Ord. of 8-12-12(1) )
(a) No person or legal entity shall store, except for his or her own use, or sell within the Town of Tiverton any fireworks without first obtaining a permit from the town council.
(b) Vendors shall apply to the Tiverton Town Council via the town clerk with a copy to the fire chief or his/her designee for the permit, and upon the determination of the fire chief that the application is complete, it shall be forwarded to the town clerk for placement on a town council meeting agenda.
(c) Vendors shall pay an annual permit fee of $50.00.
(d) Permits must be renewed annually.
(e) No permit is transferable.
(f) The Tiverton Town Council may place additional reasonable conditions on any permit issued. Permits must be prominently displayed at the location where the fireworks are sold.
(Ord. of 8-12-12(1) )
Sec. 22-53. Permit conditions.
(a) The vendors' premises shall be inspected annually by the Tiverton Fire Department to assure compliance with the state statute and local ordinance.
(b) Vendors shall make their premises reasonably available for periodic inspection by the Tiverton Fire Department.
(c) No fireworks shall be sold, except in an established place of business that has been approved for the sale of fireworks by the fire chief or his/her designee at the time the permit is issued.
(d) No fireworks shall be stored, kept, sold or used within 50 feet of any gasoline pump, gasoline tank or gasoline station, or any pump, tank, or station for similarly flammable material.
(e) Discharge of fireworks on the property of a vendor is prohibited. Any fireworks devices that are readily accessible to handling by consumer or purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against accidental ignition of an item by a spark, cigarette or other ignition source.
(Ord. of 8-12-12(1) )
Sec. 22-54. Inspection and inventory.
(a) The fire chief or his/her designee may at any reasonable hour enter and inspect the premises of any vendor where fireworks are sold or stored and may seize non-permitted fireworks or close the premises for any other violation(s) involving the health, safety, and welfare of the public.
(b) Every vendor shall provide to the fire chief or his/her designee a yearly inventory, including type, quantity, and location, of all fireworks stored or expected to be stored by the vendor within the Town of Tiverton. Failure to provide a reasonably accurate inventory may result in the loss of the permit to sell fireworks in the Town of Tiverton.
(Ord. of 8-12-12(1) )
(a) All vendors shall be responsible for conducting activities in a manner that is safe and responsible and in compliance with all federal, state and local rules and regulations, especially including, Rhode Island state building and fire code regulations and all other applicable fire safety regulations.
(Ord. of 8-12-12(1) )
(a) In addition to the penalties provided for by statute (G.L. § 23-28.11-9) any violation of this article shall be grounds for the revocation of the permit issued by the Town of Tiverton.
(Ord. of 8-12-12(1) )
Sec. 22-57. Fire extinguishers.
(a) Vendors must publicly display at least two fire extinguishers of a type approved by the fire chief, fire marshall, or his/her designee. The fire extinguishers must be kept at widely separated points within the actual area in which the fireworks are displayed.
(Ord. of 8-12-12(1) )
(a) If any provision of this article is held invalid, the remainder of the ordinance or the application of the provisions thereof shall not be affected.
(Ord. of 8-12-12(1) )
[1]Cross reference(s)—Entertainment in establishments with liquor licenses, § 6-26 et seq.; peddlers and solicitors, ch. 58; secondhand goods, ch. 62.
State law reference(s)—Businesses and professions, G.L. 1956, title 5.
[2]Ord. of July 31, 2018 , set out provisions intended for use as Article III, § 22-11. To provide for additional provisions to Article II, and at the discretion of the editor, this section has been renumbered as §22-21.
[3]Ord. of Nov. 12, 2019 , set out provisions intended for use as Article IV, § 22-15. To provide for additional provisions to Article III, and at the discretion of the editor, this section has been renumbered as § 22-35.
[4]Editor's note(s)—Ord. of Aug. 12, 2012 , set out provisions intended for use as Art. IV, §§ 22-20—22-28. To provide for additional provisions to Art. IV, and at the discretion of the editor, this section has been renumbered as Art. V, §§ 22-50—22-58.