Chapter 58 PEDDLERS AND SOLICITORS
ARTICLE I. IN GENERAL
Sec. 58-1. Requirements for all solicitors.
Secs. 58-2—58-30. Reserved.
ARTICLE II. PEDDLERS AND HAWKERS
Sec. 58-31. Authorization to issue licenses and regulations.
Sec. 58-32. "Hawkers," "peddlers" and "door-to-door salesman" defined.
Sec. 58-33. Exceptions.
Sec. 58-34. Licenses—Required.
Sec. 58-35. License duration and fee.
Sec. 58-36. Restriction.
Sec. 58-37. Same—Transferability.
Sec. 58-38. Badge.
Sec. 58-39. Expiration.
Sec. 58-40. Revocation.
Sec. 58-41. Hawking or peddling without a license.
Sec. 58-42. Penalties.
ARTICLE III. MOBILE FOOD ESTABLISHMENT PERMIT
Sec. 58-43. License required.
Sec. 58-44. Definitions.
Sec. 58-45. Scope.
Secs. 58-46—58-54. Reserved.
Sec. 58-55. Permit process.
Sec. 58-56. Issuance fee.
Sec. 58-57. Duration and expiration date of municipal permit.
Sec. 58-58. Renewal.
Sec. 58-59. Personal nature of permit; non-transferability.
Sec. 58-60. Regulations.
Sec. 58-61. Territorial limits.
Sec. 58-62. Visibility of permit.
Sec. 58-63. Violations and penalties.
Sec. 58-64. Severability.
Sec. 58-65. Reserved.
ARTICLE IV. DOOR-TO-DOOR CANVASSERS AND SALESPERSONS
Sec. 58-66. Definitions.
Sec. 58-67. Authorization required.
Chapter 58 PEDDLERS AND SOLICITORS[1]
Sec. 58-1. Requirements for all solicitors.
Before any person shall solicit in any manner in the town, he shall present himself at the office of the chief of police to give information concerning his name, the purpose for which he solicits and the person or corporation for whom he solicits.
(Code 1967, § 20-11)
Sec. 58-31. Authorization to issue licenses and regulations.
The town council is authorized by G.L. 5-11-18 as amended 95-246 "to provide, by ordinance, for the discretionary issuance and revocation of licenses to hawkers and peddler on a daily, weekly, monthly or annual basis, to establish reasonable fees therefor not to exceed $500.00 per year and to promulgate by ordinance reasonable rules and regulations with regard to the placement, duration, location, number and operation of these licenses within the Town of Tiverton."
(Ord. of 4-13-15)
Sec. 58-32. "Hawkers," "peddlers" and "door-to-door salesman" defined.
For purposes of this chapter a hawker is any person selling or offering for sale, any goods, wares or merchandise whatsoever including any food or beverage, on any public street, highway or public right-of-way in the state from a stationary location. For purposes of this chapter, a peddler is any person selling or offering for sale, any goods, wares, or merchandise whatsoever, including any food or beverage, from a vehicle, cart or any other conveyance which is not stationary. For purposes of this chapter, door-to-door salesman are persons who deliver goods, wares or merchandise to customers for which payment has already been made or is to be made at the time of delivery.
(Ord. of 4-13-15)
The Town of Tiverton shall not require a license for persons selling door-to-door, or persons selling farm or garden produce, including flowers that they grew, or persons selling works of art or crafts of their own making. Peddlers and hawkers shall not include students of a Tiverton public or private school, members of youth groups, church groups, fraternal and benevolent organizations located within the town and organized teams or sports leagues engaged in group fund raising. The Town of Tiverton shall not require a license for milkmen, nor vendors of ice or newspapers.
(Ord. of 4-13-15)
Sec. 58-34. Licenses—Required.
Except as otherwise provided by this article, all hawkers and peddlers desiring to sell or to offer for sale as hawkers and peddlers any articles or substances within the town and all persons desiring to sell or to offer for sale any goods, wares, merchandise, ice cream, or other articles or substances on any street in the town shall first obtain a town license therefore, to be issued by the town clerk, and to that end shall make application to the town council for such license therefore, respectively, as may be desired, and the town clerk, after the granting of such application by the town council, may issue a license accordingly to such persons respectively to sell the articles and substances herein before mentioned in such manner as shall be specified in such license, upon any street in the town, or to hawkers and peddlers authorizing them to sell or to offer for sale as hawkers and peddlers any articles and substances within the town.
In no event shall the privileges of a hawkers and peddlers license be exercised by any holder within 500 feet of any public beach area not at any designated town recreation area except by team leagues or organized youth groups conducting approved recreation activities at the recreation area.
(Ord. of 4-13-15)
Sec. 58-35. License duration and fee.
(a) Non-Tiverton resident fees:
One day$10.00
One week20.00
One month50.00
One year100.00
(b) Tiverton resident fees:
One day$5.00
One week10.00
One month20.00
One year40.00
Application for a license shall be made to the town clerk. After review, the town clerk may issue licenses for one day or one week upon payment of the appropriate fee, or refer the application to the town council for approval. Application of license for one month or one year shall come before the town council for approval.
(Ord. of 4-13-15)
The town clerk and/or the town council may restrict the number of licenses and place reasonable restrictions with regards to the placement, duration, location, and operation of the licensee based upon the following criteria:
(1) Vehicular and pedestrian safety;
(2) Location in relation to a permanent business selling similar products;
(3) Location in relation to town recreation areas, schools, or church;
(4) Noise;
(5) Waste or trash to be generated.
(Ord. of 4-13-15)
Sec. 58-37. Same—Transferability.
No license issued under provisions of this article shall authorize any person other than the one named therein to act thereunder and no such license shall be transferable. No person licensed a hawker or peddler may have employees, helpers or assistants work with him or temporarily take his place unless such person is similarly licensed.
(Ord. of 4-13-15)
(a) Required; deposit. Every person licensed under this article shall also obtain from the town clerk a badge and shall at all times while engaged in the business for which he is licensed wear such badge conspicuously on their clothing. Such badge shall bear a number, which shall correspond to the badge number marked on the license, and shall be issued upon the deposit of $3.00 to such person as shall obtain a license bearing such badge number, and upon the surrender of such badge to the town clerk such deposit shall be returned and the license thereby revoked.
(b) Wearing after expiration or revocation of license; use by others. No person shall wear any badge referred to in the preceding section after the expiration or revocation of the license represented by it, and any licensed person who shall suffer any badge issued to him to be used by another person for a purpose similar to that for which the badge was issued to him, shall forfeit such badge, together with the license represented by it.
(c) Refusal to exhibit license and badge. Any person who shall neglect or refuse for the space of ten minutes after demand by any police officer to exhibit to him his license and badge, shall be deemed for the purpose of this division to be unlicensed, and to have violated the provisions of this article.
(Ord. of 4-13-15)
All annual licenses issued under this article shall expire one year from the date of their issuance unless renewed by the applicant.
(Ord. of 4-13-15; Ord. of 9-26-23(1))
Any license issued under the provisions of this article may be revoked at the pleasure of the town council.
(Ord. of 4-13-15)
Sec. 58-41. Hawking or peddling without a license.
Every person, unless licensed as herein before required, who shall as a hawker and/or peddler, sell or offer for sale any goods, wares or merchandise whatever, including food and beverages shall be fined not less than $50.00 nor more than $100.00.
(Ord. of 4-13-15)
Any person violating any of the provisions of this article or restriction or provisions of his license shall be subject to not less than $20.00 nor more than $100.00 for each offense.
(Ord. of 4-13-15)
Any license required pursuant to G.L. § 5-11.1-1 et seq, as may be amended from time to time, shall acquire a mobile food establishment permit from the Town of Tiverton through the office of the town clerk.
(Ord. of 2-14-22(1))
As used in this article, the following terms shall have the meanings indicated:
Mobile food establishment. Pursuant to G.L. § 5-11.1-3(5), a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. Mobile food establishments specifically includes, but is not limited to, food trucks, food carts, ice cream trucks/carts, and lemonade trucks/carts.
Mobile food establishment operator. Pursuant to G.L. § 5-11.1-3(7), a person or corporate entity who or that owns, manages, or controls, or who or that has the duty to manage or control the operation of a mobile food establishment.
Mobile food establishment vendor. Pursuant to G.L. § 5-11.1-3(8), a person who prepares, sells, cooks, or serves food or beverages from a mobile food establishment.
Mobile food permit. Pursuant to G.L. § 5-11.1-3(9), a "municipal mobile food establishment permit" issued by the town to a mobile food establishment operator that possesses a current state mobile food establishment registration as issued by the department of business regulation which shall include:
(1) Mobile food permit issued to a mobile food establishment that temporarily parks on a public street or private property and engages in the service, sale or distribution of food, prepared on-site, to the general public directly from the vehicle.
(2) Mobile food transient permit issued specifically to an ice cream/lemonade truck or catering trucks, who sell pre-packaged or pre-prepared foods, who may travel in/into residential districts and are transient in nature, moving at least every 15 minutes.
( Ord. of 2-14-22(1) )
The provisions of this article apply to mobile food establishments engaged in the business of cooking, preparing and/or distributing food or beverage with or without charge upon or in public and private restricted spaces.
( Ord. of 2-14-22(1) )
(a) It shall be unlawful for any person to operate within the town a mobile food establishment without having obtained a permit from the town clerk for that purpose.
(b) A person desiring to operate a mobile food establishment shall apply for such permit or renewal of such permit to the town clerk. The application for a permit or a renewal of permit shall be provided by the town clerk and shall include the following:
(1) Name, phone number, e-mail contact and business address of the applicant.
(2) If utilizing private property, any mobile food establishment permitted under the provisions of this article must have a letter in their possession from the owner of the property on which he or she is selling authorizing the establishment to sell upon the property. This authorization must be current and must state for how long the permission is granted, but in no event will same authorization be valid for a period of more than one year. If participating in a licensed special event, then the event holder may be the one to hold this letter in their possession from the property owner for use of the private property.
(3) Copy of the Rhode Island Department of Business Regulations mobile food establishment registration.
( Ord. of 2-14-22(1) )
The fee for the issuance of a permit granted pursuant to this article shall be $75.00. Each mobile food establishment shall be separately permitted, and the permit fee chargeable hereunder shall be paid for each such establishment.
( Ord. of 2-14-22(1) )
Sec. 58-57. Duration and expiration date of municipal permit.
All permits issued under the provisions of this article shall be for a term for one year from the date of issuance.
( Ord. of 2-14-22(1) )
Renewals of the municipal permit shall occur from January 1 to March 31 during each calendar year.
( Ord. of 2-14-22(1) )
Sec. 58-59. Personal nature of permit; non-transferability.
All permits issued under the provisions of this article shall authorize only the person named therein to sell and offer for sale as aforesaid. No permit issued under the provisions of this article shall be transferable. A permit is valid for one vehicle only and shall not be transferred between vehicles.
( Ord. of 2-14-22(1) )
(a) No operator of a mobile food establishment shall park, stand or move a vehicle and conduct business within areas of the town where the permit holder has not been authorized to operate.
(b) The customer service area for mobile food establishments shall be on the side of the truck that faces a curb, lawn or sidewalk when parked/stopped. No food service shall be provided on the driving-lane side of the truck. No food shall be prepared sold, or displayed outside the mobile food establishments.
(c) No mobile food establishment shall provide or allow any dining area within ten feet of the mobile food vehicle, including, but not limited to, tables and chairs, booths, stools, benches or stand-up counters on a sidewalk.
(d) Customers shall be provided with single-service articles, such as plastic utensils and paper plates, and a waste container for their disposal. All mobile food establishments shall offer a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the mobile food operations shall be collected and disposed of offsite by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water, grease, or anything on the streets, sidewalks, or any public way is allowed.
(e) No mobile food establishment, mobile food operator or vendor shall make or cause to be made any unreasonable or excessive noise. The operation of all food vehicles shall conform with the town's noise ordinance, including generators. No loud music, other high-decibel sounds, horns, or amplified announcements are allowed.
(f) No flashing or blinking lights or strobe lights are allowed by mobile food establishments or related signage when the vehicle is parked and engaged in serving customers. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.
(g) Mobile food establishments, when parked on public streets, shall be parked in conformance with all applicable parking restrictions and shall not hinder the lawful parking or operation of other vehicles.
(h) Mobile food establishments shall be allowed to operate from 8:00 a.m. to 10:00 p.m., seven days a week, including holidays.
(i) A mobile food establishment shall not:
(1) Be parked on the street overnight; or
(2) Be left unattended and unsecured at any time food is in the vehicle.
Any mobile food establishment found to be in violation of subsection (i)(1) or (2) above shall be considered a public safety hazard and may be ticketed and towed away.
(j) The issuance of a mobile food establishment permit does not grant or entitle the vendor to the exclusive use of any legal public spot within the prescribed territorial limits.
(k) No mobile food establishment shall use external signage, bollard, or other equipment not contained within the vehicle. When extended, awnings for mobile food vehicles shall have minimum clearance which does not present a hazard to pedestrians.
(l) Any power required for the mobile food establishment located on a public way shall be self-contained and a mobile food establishment shall not use utilities drawn from the public right-of-way. Mobile food establishments on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. All power sources must be self-contained. No power cable or equipment shall be extended at or across any town street, alley or sidewalk.
(m) No mobile food establishments shall operate in violation of the land use, zoning or other ordinances of the Town of Tiverton.
( Ord. of 2-14-22(1) )
Sec. 58-61. Territorial limits.
The following limits further define where a mobile food establishment can and cannot operate:
(1) Not in a residential zone, unless part of a duly licensed special event.
(2) Not within 200 feet of any open brick-and-mortar restaurant.
(3) Not within 200 feet of any public or private school, or municipal park, without the corresponding property owner's written consent. However, nothing in this section shall be deemed or construed to be an exception to the rules and regulations of the recreation commission as the same pertain to vendors/concessionaires.
(4) Not within ten feet of driveways, bus stops or crosswalks.
(5) Not in a handicap parking area or no-parking zone.
(6) Not within 500 feet of any fair, festival, special event or civic event that is licensed or sanctioned by the town unless the vendor has obtained permission from the event sponsor and is duly licensed.
(7) Not in an area where such operation is deemed by the police chief, or his/her designee, to endanger or inconvenience the general public or where there is determined to be a disturbance of the peace.
(8) Not on private property without the written permission of the owner of the property, and such permission shall be available at all times, unless permission was granted to the holder of a special event, and the special event holder has the written permission from the owner.
( Ord. of 2-14-22(1) )
Sec. 58-62. Visibility of permit.
Each person granted a permit in accordance with the provisions of this article shall conspicuously exhibit the permit at all times while selling within the limits of the Town of Tiverton.
( Ord. of 2-14-22(1) )
Sec. 58-63. Violations and penalties.
(a) Any person violating any of the provisions of this article may be subject to denial, suspension or revocation of the municipal permit after a hearing before the town council.
(b) Every individual sale or offer for sale made contrary to the provisions of this article shall be deemed and construed as a distinct and separate offense, and the person making the sale or offer of sale shall be prosecuted therefor in the manner herein prescribed.
(c) Upon the cancellation or revocation of any permit, the person holding the permit shall surrender or return the same to the town clerk or his/her designee.
( Ord. of 2-14-22(1) )
If any provision of this article is to be held invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
( Ord. of 2-14-22(1) )
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Door-to-door canvassers or salespersons means those persons, whether they be principals or agents of any person, who do not have a regularly established place of business in the town, whose business is transient in nature necessitating door-to-door calls without prior appointment, and whose calls are infrequent in time and unscheduled. Persons making door-to-door calls as duly licensed peddlers or vendors are excluded from the terms of this article.
(Code 1967, § 20-12)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 58-67. Authorization required.
It shall be unlawful for any person to make door-to-door calls as either a canvasser or salesperson in the town without first receiving written authorization from the chief of the police department. The police department shall ascertain from each applicant, prior to issuance of such authorization, the applicant's name, address, company or other bona fide authorization and make such other inquiry of the applicant as the police department shall deem expedient.
(Code 1967, § 20-13)
[1]Cross reference(s)—Businesses, ch. 22; secondhand goods, ch. 62.
[2]Editor's note(s)—An ordinance of April 13, 2015, amended article II in its entirety to read as herein set out. Former article II, §§ 58-31—58-41, pertained to similar material and derived from the Code of 1967, §§ 20-1—20-10 and an ordinance of May 13, 1996