(Charter reference--Licenses and fees, Ch. VII, Art. 6. Cross references--Alcoholic beverage licenses, Sec. 3-1; license for dancing or entertainment in establishments selling alcoholic beverages, Sec. 3-2; license fees for showing motion pictures in theaters, Sec. 4-1; license required for coin-operated machines and devices, Sec. 4-23 et seq.; auctions and auctioneers, Ch. 6; license required for vehicles used as lunch carts, Sec. 9-1; permit required to collect garbage, Sec. 10-3; license required to transport contents of privy vaults or cesspools, Sec. 11-15.)
Art. I. In General, Secs. 13-1--13-14
Art. II. Street Vendors, Secs. 13-15--13-27
Art. III. Drainlayers, Secs. 13-28--13-36
Art. IIIA. Rooming Houses and Community Residences, Secs. 13-37--13-46
Art. IV. Tattooing, Secs. 13-47--13-60
Art. V. Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians, Secs. 13-61--13-65
The purpose of this chapter is to establish fees for licenses, permits, fines and other miscellaneous fees and charges in establishing a more equitable charge for the services rendered.
(Ch. No. 2216, Sec. 1, 10-2-67)
Any person who operates or carries on a business without first obtaining a license or permit whenever required by this Code or other city ordinances shall be punished as provided by law.
(Ch. No. 2216, Sec. 2, 10-2-67)
Every person engaged in or conducting any business, trade, occupation or activity mentioned in this section shall pay a license or permit fee in the amount specified in this section.
Class | Term | Date Due or Issued | Fee |
| | | |
Auction | 1 day | On application | $ 2.00 per day |
Automobile Junkyard | 1 year | April 1 | 100.00 |
Bingo | 1 day 1 year | On application Dec. 31 | 5.00 per day 50.00 per year |
Boiler Operator license and Stationary Engineer (must pass test) | 1 year | Sept. 30 | 100.00 |
Renewal | 1 year | Sept. 30 | 25.00 |
Bowling Alley | 1 year | April 1 | $5.00 per alley |
Closing-Out Sale | 60 days | On application | 100.00 |
Consumer Short-Term Lender | 1 year | April 1 | $250 per year |
Dog Licenses | 1 year | May 1 | 5.00 |
Entertainment | | | |
(a) Daily | 1 day | Upon approval by the city council | 5.00 |
(b) Quarterly | 3 months | Upon approval by the city council | 50.00 |
(c) Carnival | 1 day | Upon approval by the city council | 20.00 per day |
(d) Circus | Each | - | 4.00 per day |
(e) Dog show | Each | - | 4.00 per day |
(f) Fireworks | Each | - | 4.00 per day |
(g) Talent show | Each | - | 4.00 per day |
Tobacco Product | 1 year | July 1st | 75.00 |
(Ch. No. 7957, Sec. 1, 8-30-2016; Ch. No. 8413, Sec. 2, 12-18-2023)
Late Renewal Penalties for Annual Renewal for Boiler Operator License Fee
Any license that is allowed to expire for more than (30) days, the fee will double. If after ninety (90) days the license still has not been renewed the licensee will have to pay the late fee, reapply, and begin the process over.
Late Filing Fees for Excavation Permits and Permits to Occupy the Public Right-of Way.
In an event, other than an emergency, an owner or agent thereof files for a required permit after work has been commenced or has commenced work prior to the issuance of the required permit, a fine equal to the amount of the application/permit fee shall be assessed against the applicant.
An emergency is defined as a condition requiring prompt action. An owner or agent thereof must make every practical attempt to notify the proper city personnel in the proper department or division thereof before commencing work on the emergency situation.
The Engineering Division, City Engineer is the governing official who will determine if the work which has commenced or has been completed was justified as an emergency.
Annual Inspections | ||
(a) | Drainage Connection in City System | $100.00 |
(b) | Private Detention Basins, Gallies, and Underground Storm Water System | $100.00 |
Excavation Permits | ||||
(a) | Driveway apron (asphalt) - | On application | $25.00 | |
(b) | Driveway apron (concrete) - | On application | 40.00 | |
(c) | Water service - | On application | 10.00 plus $2.60/linear ft. | |
(d) | Sewer connection - | On application | 10.00 plus $2.60/linear ft. | |
(e) | Storm drain connection - | On application | 30.00 | |
(f) | Gas service - | On application | 30.00 | |
(g) | Utility pole - | On application | 30.00 | |
(h) | Water main extention - | On application | 10.00 plus $5.00/linear ft. | |
(i) | Sewer main extention - | On application | 10.00 plus $5.00/linear ft. | |
(j) | Storm drain extention on Private Property - | On application | 10.00 plus $2.60/linear ft. | |
(k) | Storm drain extention in the Public Right of Way - | On application | 10.00 plus $5.00/linear ft. | |
(l) | Gas main extention - | On application | 10.00 plus $0.40/linear ft. | |
(m) | Underground electrical or telephone - | | On application | 10.00 plus $0.40/linear ft. |
(n) | Water Repair - | On application | 50.00 | |
(o) | Sewer Repair - | On application | 50.00 | |
(p) | Storm Drainage Repair - | On application | 50.00 | |
(q) | Detention Basin, Gallies, Underground Storm Water System | On application | 0.15 per sq. ft | |
| (not less than $30.00) | | | |
Permit to Occupy Right-of-Way - | On application | 5.00 | ||
Permit to Occupy Right-of-Way, | | | ||
(a) | A-Frame signs | 1 year | On application | 120.00 |
(b) | Erect a Sign or Utility Pole | 1 year | On application | 30.00 |
(c) | Service a Sign or Utility Pole | 1 year | On application | 15.00 |
(d) | Paint or Repair a Building | 1 year | On application | 15.00 |
(e) | Temporary Dumpster | 1 year | On application | 15.00 |
Explosives | 1 year | Dec. 31 | 2.00 | |
Garage Sales,Yard Sales, Flea Markets | 1 day | On application | 10.00 per day | |
Rooming House | ||||
(a) | Class A up to 4 bedrooms | 1 year | Dec. 1 | 30.00 per year |
(b) | Class B up to 8 bedrooms | 1 year | Dec. 1 | 35.00 |
(c) | Class C 9 or more bedrooms | 1 year | Dec. 1 | 45.00 |
Community residence | ||||
(a) | Class A up to 4 bedrooms | 1 year | Dec. 1 | 30.00 per year |
(b) | Class B up to 8 bedrooms | 1 year | Upon application | 35.00 |
(c) | Class C 9 or more bedrooms | 1 year | Upon application | 45.00 |
Jukebox | 1 year | Dec. 1 | 25.00 | |
Amusement Coin-Operated Machines | 1 year | Dec. 1 | $50.00 each | |
(City council approval) | | | | |
Junk Gatherer (No badge) | 1 year | May 1 | 5.00 | |
Junkyard (No badge) | 1 year | May 1 | 25.00 | |
Kennel | 1 year | April 1 | 10.00 | |
Laundry (and/or dry cleaner) | 1 year | July 1 | 15.00 per year |
Liquor | Bond requirement re-pealed as per state law | ||||
| |||||
(a) | Class A | 1 year | Dec. 1 | 500.00 | |
(b) | Class BT | 1 year | Dec. 1 | 900.00 | |
(c) | Class BV | 1 year | Dec. 1 | 1000.00 per year | |
(d) | Class BL | 1 year | Dec. 1 | 200.00 | |
(e) | Class C | 1 year | Dec. 1 | 600.00 per year | |
(f) | Class D | 1 year | Dec. 1 | 400.00 per year | |
(g) | Class DL | 1 year | Dec. 1 | 100.00 | |
(h) | Class E | 1 year | Dec. 1 | 10.00 | |
(i) | Class F | (1 day) | - | 15.00 per day | |
| Class F1 | - | - | 35.00 | |
Transfers (All other) | - | As applied for | 2.00 | ||
Pawnbroker ($2,000.00 bond each city) | 1 year | April 1 | 50.00 | ||
Peddler | 1 year | April 1 | 300.00 | ||
Permit to Sell Revolvers | 1 year | April 1 | 5.00 | ||
Police Constable (with power to carry pistol) | 1 year | Dec. 31 | 20.00 per year | ||
Police Constable (without power) | 1 year | Dec. 31 | 15.00 per year | ||
Pool or Billiard Table | 1 year | Dec. 31 | 25.00 each table | ||
| | | (total not to exceed $200.00) | ||
Possessing Explosives | 1 year | Dec. 31 | 2.00 | ||
Private Detective or Agency | 1 year | Aug. 12 | 150.00 | ||
($5,000.00 bond required) | | | | ||
Secondhand Dealer - Auto | 1 year | April 1 | 100.00 | ||
Secondhand Dealer - Merchandise | 1 year | April 1 | 50.00 | ||
Soliciting Permit - | | On application | 10.00 | ||
Solicitor | 1 year | Upon approval of police chief | 15.00 | ||
Sound Truck or Hawkers - | | On application | 5.00 | ||
Permit | | | | ||
Holiday Sales | 1 year | April 1 | 50.00 | ||
Holiday Sales | 1 day | Upon approval of the city council | 10.00 | ||
Victualing House | | | | ||
(a) | First class (Sunday sales allowed) | 1 year | Dec. 1 | 50.00 | |
(b) | Second class (No Sunday | 1 year sales allowed) | Dec. 1 | 25.00 | |
Victualing House | 1 day | On application | 10.00 | ||
(Ch. No. 7957, Sec. 1, 8-30-2016)
Use of the Police Department Shooting Range.
The City of Woonsocket shall charge a fee of either thirty dollars ($30) per day or one hundred fifty dollars ($150) per week to any Law Enforcement Agency outside of the City of Woonsocket for use of the shooting range. In addition to said fee, if the agency does not have a qualified range instructor, it must reimburse the City for the cost of having a Woonsocket Range Officer in attendance.
Engineering Review Fees governing the Design Review Overlay District.
An Engineering Review Fee is hereby assessed and is to be paid at the time of the submission of plans and proposals to the Design Review Commission. This fee shall be assessed at the discretion of the Director of Public Works for all new construction projects that are located on parcels greater than three acres, or have a projected total construction cost that is greater than $500,000. The fee shall be assessed in writing by the Director or Public Works at the time of submission for engineering review.
Engineering Review Fees governing the Planned Residential Development Overlay District.
An Engineering Review Fee is hereby assessed at the discretion of the Director of Public Works and is to be paid at the time of the submission of plans and proposals. This fee shall, at the discretion of the Director of Public Works and in writing within twenty (20) days of submission, be assessed for all new construction projects that result in the construction of ten or more new housing units. The fee assessed shall be established at the time of submission for engineering review to offset costs incurred by City engineering review.
Restricted Receipt Account
In addition to any fines collected due to non-compliance, One-Hundred Seventy-Five Dollars ($175) of each license application fee is to be deposited into the restricted account entitled, "Tobacco Product License Fines" for the purpose of conducting product compliance checks and for enforcement of Section 13-3 entitled, "Tobacco Product License", of Chapter 13, entitled, "Licenses and Permits" of the Code of Ordinances, City of Woonsocket.
Vendors shall be allowed to operate on public property during the dates and hours of any approved special events, parades, or festivals by the City Council without any additional licenses or permissions from the City. This provision does not apply to any State of Rhode Island licenses or permits that may be required by vendors to operate on public property. This provision does not apply to fireworks or street vendors that are selling any commodity, food or refreshments.
(Ch. No. 2738, Sec. 1, 11-15-71; Ch. No. 2838, Sec. 1,11-20-72;Ch. No. 2916, Sec. 1, 7-2-73; Ch. No. 3038, Sec. 1, 10-7-74; Ch. No. 3050, 12-2-74, Ch. No. 3335, Sec. 1, 4-4-77; Ch. No. 3367, Sec. 1, 6-20-77; Ch. No. 3393, Sec. 1, 7-5-77; Ch. No. 3503, Sec. 1, 5-15 78; Ch. No. 3601, Sec. 1, 4-16-79; Ch. No. 3971, Sec. 1, 2-15-82; Ch. No. 4037, Sec. 1, 8-2-82; Ch. No. 4040, Sec. 1, 8-5-82; Ch. No. 4059, Sec. 1, 9-20-82; Ch. No. 4111, Sec. 1, 2-21-83; Ch. No.4202, Sec. 1, 11-7-83; Ch. No. 4250, Sec. 1, 4-2-84; Ch. No. 4336, Sec. 1, 10-1-84; Ch. No. 4838, Sec. 1, 10-19-87; Ch. No. 4894, Sec. 1, 1-19-88; Ch. No. 5156, Sec. 1, 8-7-89; Ch. No. 5270, Sec. 1, 5-21-90; Ch. No. 5326, Sec. 1, 9-4-90; Ch. No. 5565, Sec. 1, 4-6-92; Ch. No. 5854, Sec. 1, 2-21-94; Ch. No. 5878, Sec. 1(d), 4-18-94; Ch. No. 6015, Sec. 1, 2-6-95; Ch. No. 6107, Sec. 1, 8-7-95, Ch. No. 6297, Sec. 1, 9-27-96; Ch. No. 6417, Sec. 1, 10-21-97; Ch. No. 6942, Sec. 2, 4-1-02; Ch. No. 6947, Sec. 1-2, 4-15-02; Ch. No. 7001, Sec 1, 10-21-02; Ch. No. 7121, Secs. 2-3, 4-05-04; Ch. No. 7195, Sec. 1, 4-4-05; Ch. No. 7243, Sec. 1, 12-20-05; Ch 7252, Sec 1-2, 2-21-06; Ch. No. 7706, Sec. 1, 2-19-2013; Ch. No. 8039, Sec. 1, 4-2-2018; Ch. No. 8364, Sec. 1, 4-6-2023)
Application for a license to conduct garage sales, yard sales or flea markets shall be filed with the license clerk. The license clerk shall issue said license. No person shall be granted more than two (2) licenses for the same location in one (1) calendar year. No License shall exceed a period of more than two (2) weeks. (Ch. No. 2916, Sec. 2, 7-2-73; Ch. No. 4779, Sec. 1, 7-6-87; Ch. No. 6714, Sec. 1, 5-15-00)
Editor's note--Sec. 2 of Ch. No. 2916 did not expressly amend this Code, hence inclusion herein as Sec. 13-4 was at the discretion of the editors.
No license provided for in this chapter, shall be issued until all tangible taxes owed to the city for any businesses then or previously owned by the applicant, as either a sole proprietor, partner, or officer of a corporation, at the time of application or renewal of a license are current. (Ch. No. 6054, Sec. 1, 4-17-95; Ch. No. 7695, Sec. 1, 10-19-2012)
(a) License required--Entertainment or amusement. It shall be unlawful for any person conducting or engaging in the business of providing entertainment or amusement for which a charge is made for admission within the City of Woonsocket without a license issued by the city council of the City of Woonsocket.
(b) Definition--"Entertainment or amusement." The term "entertainment or amusement" shall include the following: Dancing, carnivals, circuses, dog shows, fireworks, talent shows, concerts, vaudeville and any other form of musical diversion, pastime or recreation.
(c) Exclusion. This section shall not apply to any person conducting or engaging in the business of providing entertainment or amusement where admission charges are to be used exclusively for charitable, eleemosynary, educational or religious purposes.
(d) Application; contents.
(1) The licenses provided for in this section shall be applied for to the city clerk's office in the legislative department of the city, for the approval or rejection by the city council.
(2) An application form for such license shall contain the names, addresses of the parties, the date(s) of event, the location of the event, and a description of said event.
(e) Fee. License fees for an entertainment license shall be two dollars ($2.00) per day, or $150 for the year payable in advance.
(f) Penalty. Any person violating the provisions of this section shall be punished as provided by law.
(Ch. No. 3235, Sec. 1, 6-2-76; Ch. No. 5878, Sec. 1(g), 4-18-94; Ch. No. 8348, Sec. 1, 12-19-2022)
Editor's note--Sec. 2 of Ch. No. 2916 did not expressly amend this Code; hence inclusion herein as Sec. 13-4 was at the discretion of the editor.
(a) It shall be unlawful for any person to solicit funds on City streets for tags, decals, poppies, etc. without first making application, at least sixty days in advance, for approval by the City Council.
(b) The fee for said license shall be $25.00 and license shall be obtained from City Clerk, after city council approval.
(c) An organization can obtain no more than one permit per calendar year. No tag day licenses shall be allowed for any Holiday weekend.
(d) The license shall be available to Woonsocket charitable and non-profit organizations.
(e) No person under the age of eighteen shall be allowed to solicit for tag days.
(f) The licenses shall be valid for the following locations only:
(1) Park Avenue at 146A
(2) Chase Radigan Bridge at Cumberland Street
(g) That all solicitation be conducted between the hours of 8:00 AM and 4:00 PM.
(h) Every person participating in the tag day event shall be required to supply and wear and approved safety vest.
(i) Organizations participating in a tag day event shall be required to display an official sign identifying the intersection as an approved, licensed location and a sign identifying the organization conducting tag day.
(j) If any organization is found to be in violation of this section, the police department shall be authorized to revoke said license and cease operations and said organization shall be prohibited from applying for or obtaining any future tag day licenses.
(Ch. No. 6327, Sec. 1, 2-14-97; Ch. No. 6484, Sec. 1, 4-20-98; Ch. No. 6574, Sec 2, 12-21-98; Ch. No. 6603, Sec. 1, 5-3-99; Ch. No. 7658, Sec. 1, 3-13-2012)
Editor's note--Former Sec. 13-6, prohibiting consumption of alcoholic beverages in restaurants without liquor license, was deleted from Ch. 13 and transferred to Ch. 3, see Sec. 3-3, pursuant to Ch. No. 5878, Sec. 1(f), adopted Apr. 18, 1994.
Fee Structure: Fees are reviewed and adjusted annually on the effective start date of January 1st based on usual and customary rates for the area.
Billing Procedures:
A. All insurances will be billed and exhausted prior to responsible parties being billed/invoiced for payment
B. City of Woonsocket residents insurance will be billed and exhausted prior to being credited by the city of Woonsocket Public Fund
(Ch. No. 5930, Sec. 1, 7-5-94; Ch. No. 6240, Sec. 1, 5-6-96; Ch. No. 7424, Sec. 1, 10-6-2008; Ch. No. 7516, Sec. 1, 1-15-2010; Ch. No. 7715, Sec. 1, 4-4-2014; Ch. No. 7784, Sec. 1, 11-26-2014)
A. License Required. No person or business shall engage in the business of purchasing, selling, dealing, bartering, or trading used goods or secondhand goods without first obtaining a license therefore from the City Council. As used in this section, the terms “used goods” and “secondhand goods” shall include, but not be limited to, clothing, appliances, furniture, collectibles, or any other tangible personal property that has been previously owned or used. The terms “used goods” and “secondhand goods” shall not be deemed to include used motor vehicles held for sale, nor to used motor vehicle parts sold on the licensed premises.
B. Premises Designated. An applicant for a license pursuant to this section shall disclose on the application the premises to be used in the conduct of the business. Any license issued pursuant to this section shall be issued only to the premises indicated on the application.
C. Display of Goods. Any person or business holding a license pursuant to this section shall hold the items for display only within the interior of the structure on the licensed premises. No goods of any nature shall be displayed on the sidewalk or on any land adjacent to the structure on the licensed premises.
D. Maximum Number of Licenses. The maximum number of licenses issued and outstanding pursuant to Section 13-8 shall be twenty one (21) at any one time.
E. Term. A license issued pursuant to this section shall be for the term of one (1) year.
F. Fee. The fee for a license issued pursuant to this section shall be twenty-five dollars and no cents ($25.00).
G. Fee. Record of transaction. Each person or corporation purchasing or receiving old or used metals other than junked automobiles or automobile parts shall maintain a record of each purchase or receipt. The record shall include the date of the transaction, the name, address, telephone number, and signature of the person from whom the old or used metals are purchased or received; a description of the old or used metals; and the price paid for the old or used metals. The records so kept shall be produced at the request of law enforcement officials. Any violation of this provision may result in a fine of five hundred dollars ($500) or imprisonment not exceeding six (6) months.
(Ch. No. 6840, Sec. 1, 2-19-01; Ch. No. 6984, Sec. 1, 9-03-02; Ch. No., Sec. 1, 3-15-2010; Ch. No. 8271, Sec. 1, 10-4-2021)
A. License Required. No person or business shall engage in the business of purchasing, selling, dealing, bartering, or trading used or previously owned motor vehicles or used motor vehicle parts without first obtaining a license therefore from the City Council. As used in this section, the terms “used motor vehicle” or “previously owned motor vehicle” shall mean a vehicle that is operable and capable of receiving an inspection sticker in its present condition at the time it is displayed for sale.
B. Premises Designated. An applicant for a license pursuant to this section shall disclose on the application the premises to be used in the conduct of the business. Any license issued pursuant to this section shall be issued only to the premises indicated on the application.
C. Display of Automobiles. All vehicles displayed by a license holder shall be on the premises designated on the license application. Used motor vehicle parts may be displayed on the exterior of the structure on the premises provided that the display is orderly.
D. Term. A license issued pursuant to this section shall be for the term of one (1) year.
E. Fee. The fee for a license issued pursuant to this section shall be twenty-five dollars and no cents ($25.00).
(Ch. No. 6840, Sec. 1, 2-19-01)
It shall be unlawful to establish, operate, or maintain an automobile junkyard or an auto wrecking yard/auto salvage yard without first obtaining a license from the City Clerk. The City Council shall have the authority to approve, issue, renew, transfer, suspend or revoke any licenses issued pursuant to this section.
(a) As used in this section, an automobile junkyard means 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.
(b) Before granting a license to establish, operate, or maintain an automobile junkyard in any location not lawfully occupied for that purpose at the time of the application for that license, the City Council shall hold a public hearing pursuant to RIGL §5-21-2.
(c) No license for an automobile junkyard shall be granted or renewed, regardless of the time of application for a license under this section, unless the conditions of RIGL §5-21-4 are met, subject to the provisions of RIGL §5-21-6.
(d) As provided in RIGL §5-21-4 (3)(iv) the contents of the junkyard are to be screened from view as per the following regulations as promulgated by the Director of Public Works and as specified on the license.
(i) They are screened from view either by natural objects or well constructed and properly maintained fences at least six (6’) feet high. Said fence must be a stockade fence or a chain link fence with vinyl slats, or such other type of fence as approved by the Director of Public Works.
(ii) There shall be no stacking of motor vehicles, bodies, engines, tires, parts or accessories such that they would be visible above the fencing or screening that is required by this section.
(iii) There shall be no storage of motor vehicles or parts within fifteen (15’) feet of the property lines of the lot on which the automobile junkyard is being operated.
(e) The City’s Zoning Officer shall serve as the agent of the City Council and the Director of Public Works to inspect the premises of licensed junkyards and to enforce all regulations included herein.
(f) Any person violating this section shall, upon conviction for the first offense, be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or by both the fine and imprisonment, and shall for a second or subsequent conviction be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for not less than thirty (30) days nor more than six (6) months, or by both the fine and imprisonment. Repeated violations of this section shall be cause for revocation or suspension of the license, after notice to the Licensee and hearing before the City Council.
(Ch. No. 6960, Sec. 1, 5-20-02)
All property owners and/or contractors and/or utility companies performing work governed by the Department of Public Work Engineering Divsion within the Public Right-of-Way and/or private property must follow the 'Permit Manual' issued by the Engineering Division office or on the City's web site.
Pawnbroker licenses shall be issued pursuant to Rhode Island General Laws in effect at the time of application.
The application for a pawnbroker license shall be substantially as set forth in the attached "Exhibit A".
(Ch. No. 7705, Sec. 1, 2-4-2013; Ch. No. 7791, Sec. 1, 6-5-2017)
13-13.1. Definitions.
13-13.2. Permits and permit fees.
13-13.3. Permit revocation.
13-13.4. Permissible fireworks.
13-13.5. Storing and slluctures.
13-13.6. Limitations on stmctures..
13-13.7. Location of fireworks outlets.
13-13.8. Parking for retail fireworks sales site.
13-13.9. Additional standards for fireworks retailers.
13-13.10. Unlawful sale to eertain children and other persons; unlawful use of Fireworks.
13-13.11. Exemptions.
13-13.12. Violations and penalty.
13-13.1. Definitions.
(1) As used in this chapter, unless the content otherwise requires:
(a) "Fireworks" means any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of:
(i) All articles of fireworks classified as l.4G, or referred to as “Consumer Fireworks", or "Class C Common Fireworks,"
(ii) Theatrical and novelty, classified as l.4S, or
(iii) Display fireworks, classified as 1.30, as set forth in the U.S. Department of Transportation's (DOT) Hazardous Materials Regulation, Title 49, Code of Federal Regulations (CFR), Parts 171-180.
(iv) Exceptions:
(A) Toy caps for use in toy pistols, toy canes, or toy guns, and novelties and trick noisemakers manufactured in accordance with DOT regulations, 49·CFR 173.100(p), and packed and shipped according to those regulations;
(B) Model rockets and model rocket motors designed sold, and used for the purpose of propelling recoverable aero models.
(C) Propelling or expelling charges consisting of a mixture of sulfur~ charcoal, saltpeter-are not considered as designed to produce audible effects.
(b) "Mobile Retailer" means a vendor operating from motor vehicles~ trailers, bicycles, or motorbikes.
(c) "Permit" means the written authority of the City of Woonsocket issued under the authority of this section.
(d) "Person" means any individual, firm, partnership, or corporation.
(e) "Retailer" means any person engaged ill the business of making retail sales of fireworks to the general public. .
(f) "Sale" means an exchange of articles of fireworks for money and also includes barter, exchange, gift, or offer and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, co-partnership, or one (1) or more individual(s),
(g) "Temporary Outdoor Fireworks license" means a license issued-to sell fireworks outdoors for a certain period of time not to exceed thirty (30) days.
(2) Singular words and plural words used in the singular include the plural and the plural as singular.
13-13.2. Permits and permit fees.
(1) It is unlawful for any person to sell or to offer for sale in the City of Woonsocket any item of fireworks without first securing a permit issued by the City of Woonsocket.
(a) Permits are not transferable.
(b) A permit (to sell fireworks to the general public) is valid only from June 20 through July 9
(c) The permit fee for retail permits is $500
(2) A permit to sell fireworks in the City of Woonsocket must be obtained at least 30 days prior to the date on which the applicant begins making sales.
Each application shall contain the following:
(a) The application must include the l1ame, address, and telephone number of applicant.
(b) The applicant must be the natural person who will operate or be responsible for sales.
(c) The applicant is liable for all violations of this chapter by persons under his/her supervision.
(3) A person that applies for a retail fireworks permit must show proof that a state sales tax number has been obtained for sales tax purposes.
(4) A diagram must be submitted with the application that includes the dimensions' of the lot, size and location of structure, setback of structure from the right-of-way, location of other structures in the area that are occupied, location and number of parking places~ location of any nearby residences, location of the nearest fuel outlets1 and location of other fireworks outlets if located within 750 feet of a retail structure.
This review shall be done and approved before the permit will be issued. After the application has been submitted and approved, the Woonsocket Fire Marshall, Building Official, and Zoning Official or their designee shall inspect the site for compliance with applicable codes and ordinances.
All re-inspection fees in accordance with Woonsocket Code of Ordinances Section 8-34.2 (C) (ii) shall be applicable for all redundant inspections.
(5) Mobile vendors are not permitted.
(6) Flashing signs are not permitted.
(7) One double-faced freestanding sign is permitted; however, each sign face may not exceed the square footage allowed in the zoning district the temporary structure is located.
(8) The application must contain evidence that general liability insurance has been obtained by applicant naming the City of Woonsocket as additional insured for at least $2,000,000 for each occurrence, whether in respect to bodily injury liability or property damage liability or bodily injury liability and property damage liability combined.
(9) The application must disclose the location where the applicant will conduct the business of selling fireworks and the dates for which the right to do business is desired.
(10) Applicant shall pay $100 cleanup deposit per location, which shall be refunded after the fireworks season or used by the city to clean up the retail fireworks site if needed.
13-13.3. Permit revocation.
(1) The Woonsocket Fire Marshall, Building Official, and Zoning Official or their designees may revoke any permit upon failure of retailer to correct any of the following conditions within thirty six (36) hours after the Woonsocket Fire Marshall, Building Official, and Zoning Official gives written notice.
(a) When the permittee or the permittee's operator violates any lawful rule) regulation, or order of the, Woonsocket Fire Marshall; Building Official, and/or Zoning Official.
(b) When the permittee's application contains any false or untrue statements.
(c) When the permittee fails to timely file any report or pay any tax, fee, fine, or charge.
(d) When the permitee or the permittee's operator violates any fireworks ordinance or statute,
(2) When any activities of the permitee constitute a distinct hazard to life or property, the Woonsocket Fire Marshall, Building Official, and Zoning Official, may revoke the permit immediately.
(3) Revocation of permits may be appealed to the City of Woonsocket's Board of Licensees in accordance with section 13-53.
13-13.4. Permissible fireworks.
(1) It is unlawful for any individual, firm, partnership, or corporation to sell or use fireworks within the City of Woonsocket, except as provided in this chapter, any "fireworks" as defined in § 13-13.(1) (a), other than the following:
(a) Those items classified by the US. Department of Transportation as 1.4G Consumer Fireworks, or
(b) Those items that comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under its regulations.
13-13.5. Storing and structures.
No person may smoke within a structure where fireworks are sold. No person selling fireworks may permit the presence of lighted cigars, cigarettes, or pipes within a structure where fireworks are offered for sale. At all places where fireworks are stored or sold, there must be posted signs with the words "Fireworks- No Smoking" in letters not less than four (4) inches high. An inspected and currently tagged fire extinguisher with a minimum 2A l0BC rating approved and one pressurized water type fire extinguisher must be present at each retail fireworks site. Fireworks sold at retail may be sold only from a freestanding structure. Fireworks must be stored at least ten (10) feet away from windows and other areas where the sun may shine through. Fireworks are not permitted to be stored in residential districts, except for personal use.
13-13.6. Limitations 011 structures.
Tents meeting the current adopted Life Safety Code (NFPA 101) and the National Electric Code may be used for the retail sale of fireworks., Provisions shall include but not limited to ground fault interrupter protection must be used for power cords that supply power to tents and other outdoor structures. Electrical wiring inside tents and other outdoor locations shall be securely installed, without splices, and lamps shall be protected from accidental breakage by a suitable fixture or guard. An Inspection by the City's Building Department personnel (Building or Electrical Inspector) is required before the vendor can begin selling fireworks. No structure from which fireworks are sold may exceed 3)200 square feet. Fireworks may not be stored in a pe1111anent building unless the building has a sprinkler system and is constructed of nonflammable materials such as metal or concrete block.
13-13.7. Location of fireworks outlets.
Fireworks sales structures must be no closer than 60 feet from any building. Fireworks sales and storage are permissible only on commercial/industrial property as approved by the Planning Department and the sales and storage structures must be located a minimum of 75' from the right of way. Any fireworks sales and storage structure must be at least 150 feet from a residence. Fireworks sales are not allowed on any property where there is an existing retail business that is operated from a building in excess of 125,000 square feet. Fireworks storage structures shall be located at least 100' from the fireworks sales structure, in addition to meeting all of the above requirements.
(Ch. No. 8128, Sec. 1, 9-16-19)
13-13.8. Parking for retail fireworks sales site.
The site for a fireworks retailer shall be improved to provide at least twelve (12) graveled or paved parking places for off street and right-of-way customer parking. In addition, the retail fireworks site must provide for an on-site tum-around area so that backing of vehicles onto the street will not be necessary, In addition to the 12 parking spaces needed for the temporary fireworks use the primary use of the property shall remain compliant with the Woonsocket Zoning Ordinance Section 5.1-3 Parking Space Requirement by Use. Any property that has received any variance for parking from the Woonsocket Zoning Board of Review is prohibited from obtaining an Outdoor Fireworks Permit.
13.13.9. Additional standards for fireworks retailers.
(1) Any site for a fireworks retailer must be located so that all parts of the structure and fireworks inventory on the site are no closer than 30 feet to any fuel source (including overgrown or dried grass)
(a) All parts of the structure(s) displaying and storing fireworks shall be located on asphalt, pavement) crushed stone or any similar non-flammable material.
(2) The parcel in which a fireworks retail use is required shall be a minimum of seven hundred and fifty (750) feet from other similar uses. This distance shall be measured in a straight line from structure to structure, Priority shall be given to the retailer who obtained a permit the previous year at the same location.
13.13.10. Unlawful sale to certain children and other persons; unlawful use of fireworks.
It is unlawful to offer for sale or to sell any fireworks to children under the age of sixteen (16) years of age or to any intoxicated person. It is unlawful to explode or ignite fireworks within six hundred (600) feet of any church, assisted living facility, nursing home, hospital, funeral home, public or private school academic structure) or within two hundred (200) feet of where fireworks are stored, sold, or offered for sale, It is unlawful to ignite or discharge any permissible articles of fireworks within or throw them from a motor vehicle.
It is unlawful to place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of persons. It is unlawful to ignite fireworks on another person's private property unless permission is obtained from ·tile owner or occupant of the property. It is unlawful to launch fireworks onto property of persons who have not given permission. It is unlawful to use fireworks at times, places, or in any manner that endangers other persons, It is unlawful to ignite fireworks during an open burning ban declared by the City of Woonsocket Fire Department, except for public (and/or group) displays for which permits have been granted.
13-13.11. Exclusions. Nothing in this chapter prohibits:
(l)The indoor sales and set np of a fireworks displays by an establishment that primarily sells retail goods 365 days a year. This entity is allowed to display and sell fireworks outside of their establishment under their current retail license. A temporary sales permit for fireworks is not needed, but any display that is placed in the parking lot must still comply with the Woonsocket Zoning Ordinance Section 5,1~3 Parking Space Requirement by Use.
(2) The sale of any kind of fireworks that are to he shipped directly out of the corporate limits of the city in accordance with the regulations of the United States Department of Transportation covering the transportation of explosives and other dangerous articles by motor, rail, and water,
(3) The sale, transportation, handling, or use of industrial pyrotechnic devices or fireworks, such as railroad torpedoes, fuses, automotive, aeronautical, and marine flares and smoke signals,
(4) The sale or use of blank cartridges for theater, for signal or ceremonial purposes, in athletics or sporting events, or legal power tools.
(5) The transportation, handling, or use of any pyrotechnic devices by the armed forces of the United States.
(6) The use of pyrotechnics in training by the fire service) law enforcement, or similar government agencies,
(7) The use of fireworks for agricultural purposes under conditions approved by the fire chief or his designee.
(8) Supervised displays of fireworks as provided for in this chapter.
13-13.12. Violations and penalties.
Violations of any provision of this chapter shall be subject to a penalty of up to $5,000 (five thousand dollars) per violation.
(Ch. No. 8091, Sec. 1, 2-18-2019)
13-14.1 Intent:
This chapter is intended to regulate door-to-door sales by licensing sales agents; establishing a No Solicitation List and promulgating reasonable time and manner restrictions on door-to-door solicitation, including enforcement of the No Solicitation List.
13-14.2 Definitions:
The following words and phrases shall have the following meanings:
Door-to-Door Solicitation or Sales: The in-person solicitation of goods or services for present or future delivery by entry upon residential property, including multi-family or duplex residential property from a street, sidewalk, or other adjacent property, without the prior invitation of the person to be solicited.
Door-to-Door Solicitation or Sales Permit: A permit issued to a sales agent to engage in door-to-door sales in accordance with this chapter.
No Solicitation List: A list of residential addresses in the City organized alphabetically by street name, indicating those residential properties placed on the list at the request of the property owner or occupant indicating that they do not want sales agents to enter their property.
Sales Organization: Any entity engaged in the supervision, recruitment, retention, or employment of a salesperson or persons, including any person or representative thereof.
Salesperson: Any person engaged in door-to-door sales of goods or services for present or future delivery.
Sales Supervisor: Any person who directs or supervises a salesperson or persons engaged in door-to-door sales.
13-14.3 Administration:
The City of Woonsocket door-to-door sales permit process shall be administered by the Woonsocket Police Department
13-14.4 Application Requirements:
A. Each salesperson must apply individually to the Woonsocket Police Department during posted administrative hours by submitting a completed application which shall require:
1. Government-issued photographic identification
2. Date of birth
3. Social security number
4. Permanent residential address
5. Home telephone number
6. Temporary local address
7. Current cell phone number
8. Sales organization information
9. Sales supervisor identity
10. Make, model, color, and registration number of any vehicle(s) used to transport the sales agent(s), their supervisor, or sales material
11. Such other verifying information as may be reasonably required.
B. An application fee to be established and adjusted from time to time by the City Council shall accompany each City of Woonsocket door-to-door sales permit application.
C. The application will be considered and acted upon within two business days of its submission. If not acted upon within two business days, the applicant shall be notified.
13-14.5 Background Check:
The Woonsocket Police Department shall conduct a criminal record background check of each applicant for a City of Woonsocket door-to-door sales permit to determine the applicant's fitness and suitability to conduct door-to-door sales.
13-14.6 No Solicitation List:
A. The No Solicitation List shall be established and maintained by the Woonsocket City Clerk. Residents may submit their property for inclusion on the list without charge.
B. Upon approval and issuance of a City of Woonsocket door-to-door sales permit, each salesperson shall be provided with a copy of the No Solicitation List.
13-14.7 Door-to-Door Sales Regulations:
A. No salesperson shall engage in door-to-door sales without first having applied for and received a City of Woonsocket door-to-door sales permit
B. No sales organization shall allow any salesperson to engage in door-to-door sales without first having applied for and received a City of Woonsocket door• to-door sales permit
C. No sales supervisor shall direct, supervise, or allow any salesperson to engage in door-to-door sales without first having applied for and received a City of Woonsocket door-to-door sales permit
D. No salesperson shall enter within the perimeter of any residential property included on the No Solicitation List. In addition to the fine(s) established below, inclusion of a residential property on the No Solicitation List shall constitute notice prohibiting trespass.
E. No salesperson shall solicit sales from a person situated within a residential property included on the No Solicitation List from a street, sidewalk or other adjacent property.
F. Each person shall carry the City of Woonsocket door-to-door sales permit and corresponding government-issued photographic identification at all times while engaged in door-to-door sales and shall display said permit upon request by any police officer, City Official, or any person present at a residential property where door-to-door sales is solicited.
G. No salesperson or supervisor shall use any vehicle to transport persons or materials for door-to-door sales unless said vehicle is identified in the City of Woonsocket door-to-door sales permit application and the exterior of said vehicle is marked with the name of the sale organization and the words "DOOR-TO-DOOR SALES." All required information shall be in letters a minimum of four inches in height on both sides of the vehicle.
H. Door-to-door sales shall only be conducted between the hours of 9:00 am to 7:00 pm Monday through Friday, 10:00 am to 5:00 pm on Saturdays and no door-to-door sales on Sundays.
13-14.8 Penalties:
A. Each violation of this ordinance shall be punished by a fine not to exceed $300.00.
B. Upon the occurrence of a second violation of this ordinance by any salesperson, the issuing authority may revoke that salesperson's City of Woonsocket door-to-door sales permit.
13-14.9 Severability:
The invalidity of any portion or portions of this chapter shall not invalidate any other portion, provision or section thereof.
(Ch. No. 8184, Sec. 1, 6-15-2020)
(Editor's note--Ord. No. 3148, Secs. 1--4, adopted July 21, 1975, did not expressly amend the Code, hence codification as Art. II, Secs. 13-15--13-18 was at the discretion of the editor. Sec. 13-17 deleted and Sec. 13-18 renumbered as 13-17 by Ch. No. 7315, Sec. 2, 3-6-07; Cross reference--Miscellaneous offenses and provisions, Ch. 14.)
It shall be unlawful for any person to sell or attempt to sell any commodity, food or other refreshments by means of vending such commodity upon any street in the City of Woonsocket, without first obtaining a permit and paying the fee therefor. The permit fee shall be fifty dollars ($50.00) per year, for each vehicle or cart used in street vending and shall expire April 1st of each year. All licenses shall be approved by the City Council. In addition a special revocable permit ("Autumnfest permit") shall be required for that period extending from the Wednesday preceding Autumnfest to the Tuesday thereafter of each year ("Autumnfest Week") for those persons intending to vend any commodity or food. (Ch. No. 3148, Sec. 1, 7-21-75; Ch. No. 4333, Sec. 1, 9-17-84; Ch. No. 4592, Sec. 1, 9-15-86; Ch. No. 7315, Sec. 2, 3-6-07)
The following rules and regulations shall be complied with by each person using a vehicle or lunch cart for street vending:
(a) It shall be unlawful for any street vendor to attempt to sell any commodity, food or other refreshments:
(1) By means of an outcry, sound, speaker or amplifier, or any instrument, or device which can be heard for a distance greater than three hundred (300) feet, or when passing a hospital, or a church or other place of worship during the hours when service are being held.
(2) Within five hundred (500) feet of any school during the school year.
(b) It shall be unlawful for any such vendor to use, play or employ the use of any sound, outcry, amplifier, loud speaker, radio or electronic device with a loud speaker or amplifier or any other instrument or device when the vehicle such vendor is using is stopped for the purpose of making a sale.
(c) The use by any such vendor of any outcry, sound, amplifier, loud speaker, radio or electronic device with a loud speaker or amplifier or any instrument or device which emits a loud sound shall be prohibited before the hours of 9:00 a.m. weekdays and 10:00 a.m. on Sundays, or after 8:00 p.m. on any day, except during the months of July and August when such use shall be prohibited after 9:00 p.m. on any day.
(d) It shall be unlawful for any such vendor or lunch cart operator to:
(1) Exceed a speed of twelve (12) miles an hour when cruising neighborhoods seeking sales or when attempting to make a sale.
(2) Make more than one stop every two hundred fifty (250) feet to make a sale.
(3) Stop anywhere within twenty-five (25) feet of an intersection or within a restricted zone greater than twenty-five (25) feet when making a sale or attempting to make a sale.
(4) Drive his vehicle backwards to make or attempt any sale.
(5) Sell to any person who is standing on the street side of the vehicle.
(6) Permit any person to hang on the vehicle or permit any person to ride in the vehicle except bona fide assistant or assistants. (Ch. No. 3148, Sec. 2, 7-21-75, Ch. No. 7315, Sec. 2, 3-6-07)
It shall be unlawful for any person to sell or attempt to sell any commodity by means of vending such commodity within the Autumnfest grounds or along the Autumnfest parade route in the city during Autumnfest Week without first securing an Autumnfest permit for the Autumnfest area or for the Autumnfest parade route and paying the fee therefor. Such permit fee shall be established by the Autumnfest Committee. In order to protect and preserve the public safety, the number of permits and the location or locations for which such permits shall be valid may be limited by the Autumnfest Committee. (Ch. No. 4333, Sec. 2, 9-17-84; Ch. No. 4592, Sec. 1, 9-15-86; Ch. No. 5991, Secs. 1, 2, 11-21-94; Ch. No. 7315, Sec. 2, 3-6-07)
The Autumnfest Steering Committee is hereby designated as agent for the city for the issuance and/or revocation of Autumnfest permits and for the collection of the fees therefrom. The Autumnfest Steering Committee Chairman will forward to the city clerk, for the Woonsocket City Council, on or before December 31, of each year, a list of all such Autumnfest permits granted and a list of revenues derived therefrom. (Ch. No. 4333, Sec. 2, 9-17-84; Ch. No. 4592, Sec. 2, 9-15-86; Ch. No. 5991, Secs. 1, 2, 11-21-94)
Editor's note--Section 13-20 formerly contained penalty provisions for the violation of this article. Since the newly enacted Sec. 13-23 reads exactly the same as former Sec. 13-20, the editor has deleted Sec. 13-20, transferring the history note to Sec. 13-23, which was enacted by Sec. 1 of Ch. No. 4855, adopted Nov. 2, 1987.
Ch. No. 5878, Sec. 1(c), adopted Apr. 18, 1994, provided for the deletion of Secs. 13-21 and 13-22 which pertained to Woonsocket Centennial permits derived from Ch. No. 4855, Sec. 1, adopted Nov. 2, 1987.
Any person, firm or corporation violating any provision of this article shall be punished for each offense by a fine of not more than twenty dollars ($20.00) or by imprisonment of not more than ten (10) days. (Ch. No. 3148, Sec. 4, 7-21-75; Ch. No. 4333, Sec. 2, 9-17-84; Ch. No. 4592, Sec. 2, 9-15-86; Ch. No. 4855, Sec. 1, 11-2-87)
(Editor's note--Ch. No. 3157, Secs. 1--9, adopted Aug. 18, 1975, did not specifically amend the Code. Codification herein as Art. III, Secs. 13-28--13-36 was, therefore, at the discretion of the editor.)
The term "drainlayer" as used in this article means and shall include any person who engages in the business of installation, maintenance and repair of drains outside buildings, making connections with the public sewers, private drains and septic systems. (Ch. No. 3157, Sec. 1(1), 8-18-75)
No person shall engage in the City of Woonsocket as a drainlayer or shall enter into contracts of agreement for the installation, maintenance or repair of drains or engage in the business of the laying of drains outside of buildings, making connections with the public sewers, private drains and septic systems, or shall advertise or represent in any form or manner that he is a drainlayer unless such person possesses a certificate of license in full force and effect from the City of Woonsocket department of public works specifying such person as a drainlayer. (Ch. No. 3157, Sec. 1(2), 8-18-75)
(a) No person shall work or operate as a drainlayer in the city without first having obtained a drainlayer's license so to do. An application for such license shall be made upon a proper and appropriate form furnished by the department of public works of the city, setting forth such information and date therein as may be necessary to identify the applicant and to set forth his background of training and experience. He shall pass such examination given by or under the supervision of the plumbing inspector which shows the applicant's ability and qualifications entitling him to be classified and competent to act as a drainlayer.
(b) Such examination shall consist of oral and written tests and practical demonstrations covering the work of a drainlayer, including his ability to comply with elevation and grade lines, read and follow blueprint requirements, and actually perform the work of a drainlayer in a workmanlike manner.
(c) Any applicant for a drainlayer's license who shall have successfully passed such examination, paid the one hundred dollar ($100.00) license fee, and filed the required bond shall be entitled to a drainlayer's license, and upon the issuance of such license such person shall have the right to engage in the business of drainlayer in the city. (Ch. No. 3157, Sec. 1(3), 8-18-75; Ch. No. 7128, Sec 1, 4-19-04)
When an appointment for a drainlayer's license has complied with all of the provisions of this article as well as any and all other ordinances of the city pertaining to the work of a drainlayer, and after the qualifications of such applicant have been approved by the plumbing inspector, the public works director shall thereupon issue an appropriate drainlayer's license to such applicant. (Ch. No. 3157, Sec. 1(4), 8-18-75)
(a) Any and all drainlayer's licenses issued under the provisions of this article shall expire at midnight, June 30th, of each year; provided however, that any and all drainlayer's licenses to be issued under the provisions of this article may be renewed without reexamination, by filing a proper application therefor with the director of public works and paying the required fee as herein set forth; provided further that any person holding a drainlayer's license must renew his license before June 30th to legally continue to install building or storm drains.
(b) A drainlayer's license may be renewed for a period of one year upon the payment of an annual fee of one hundred dollars ($100.00). Every such renewal applicant shall conform to the other provisions of this article relating to the issuance of such licenses. (Ch. No. 3157, Sec. 1(5), 8-18-75; Ch. No. 7128, Sec 1, 4-19-04)
(c) For any license that is allowed to expire for more than thirty (30) days, the renewal fee will double. If after ninety (90) days the license still has not been renewed, the licensee will have to pay the late fee, reapply, and begin the process over. (Ch. No. 7128, Sec 2, 4-19-04)
(a) Before such drainlayer's license shall be issued, the applicant therefor shall file with the city clerk a surety company bond in the sum of at least three thousand dollars ($3,000.00) which bond shall be conditioned that the principal therein shall properly observe all the ordinances of the city pertaining to the work of a drainlayer and all rules and regulations pertaining to such work, and, further, conditioned substantially that the applicant shall indemnify and save harmless the City of Woonsocket and the officers thereof from all suits and actions of every name and description brought against said city, or any officer or officers thereof, for or on account of any injuries or damages received or sustained by any person in consequence of or resulting from any work performed by said applicant, his servants or agents, or of from any improper materials used in said work, or of or from any negligence in guarding said work, or of or from any act or omission of said applicant, his servants or agents, that said applicant shall faithfully perform said work in all respects and shall also replace and restore that portion of any street in which said applicant, his servants or agents, shall make any excavation to as good condition as that in which the same was before said work was performed, and shall also keep and maintain such portion of such street in like condition for the period of one year to the satisfaction of the officer or officers of such city charged with the maintenance of such street or highway and that such city may within said one year and with or without notice to said applicant repair such street and that the cost thereof shall be paid by said applicant; and that said applicant shall comply in all respects with the rules and regulations established by such city relative to said work, and shall also pay all fines imposed upon him for violations of any such rule or regulation. Such bond may be renewable at the time the principal thereon shall renew his drainlayer's license.
(b) Upon the failure or refusal of the applicant or licensee to furnish and maintain a bond as herein prescribed, his drainlayer's license shall be revoked. (Ch. No. 3157, Sec. 1(6), 8-18-75)
(a) Any licensee who shall:
(1) Neglect or refuse to comply with the provisions of this article or the rules and regulations established thereunder, or with the conditions under which any permit shall be issued; or
(2) Who shall falsify any statements in his application for license; or
(3) Who shall violate any provisions of any ordinance of the city; or
(4) Who shall violate any provisions of the laws of the state shall be subject to have his license revoked.
(b)(1) No proceedings to revoke a license as provided in this section, shall be instituted unless filed with the director of public works within one year next after the date or dates of violation.
(2) No license of a drainlayer shall be revoked or canceled until after a full and impartial hearing as provided in this section.
(3) No hearing for the purpose of revoking any license of a drainlayer shall be held unless there is first placed on file with the director of public works a verified complaint in writing reciting therein with reasonable particularity a statement of facts which, if proved, would be sufficient to constitute a violation of one or more of the specifications for revocation of license as set forth in paragraph (a) hereof.
(4) Upon the filing of a verified complaint as provided herein the director of public works shall promptly set a date for hearing of the charges of the complaint. The director of public works shall promptly by registered or certified mail forward to the licensee charged in the complaint a true and correct copy of such complaint and notification of the time and place when and where a hearing of such charges shall be held.
(5) At the time and place fixed in such notification, the director of public works shall proceed to a hearing of the charges specified in the complaint. No hearing upon the charges of the complaint shall be had unless the records of the action contain evidence that the licensee charged in the complaint has been served with a copy of the complaint and notification at least twenty (20) days prior to the date of such hearing, provided that the appearance of the licensee so charged, either in his own behalf of by counsel, shall constitute proof that sufficient notice of the hearing was served.
(6) A complaining party by himself or by counsel may aid in the presentation of evidence toward sustaining the complaint. Ample opportunity shall be accorded for hearing of all evidence and statement of counsel either in support of or against the charges of the complaint. Upon good cause shown, the date of the hearing on the complaint may be continued provided the licensee and other interested parties shall be reasonably notified about the date of the continuance.
(c) If said director of public works finds that the basis of complaint is substantiated by the facts, the license shall be revoked, but if the basis of complaint is not established by the evidence submitted, the complaint shall be dismissed. In the event that a license issued under this article is revoked, such person shall be ineligible to obtain another drainlayer's license in the city for a period of one year from the date of such revocation.
(d) A copy of the decision of the director of public works shall immediately be served upon the licensee either personally or by registered or certified mail. The decision of the director of public works so charged, or complainant, shall within twenty (20) days after receipt of such decision file with the director of public works his motion in writing for a rehearing specifying therein the points and reasons therefor. The filing of a motion for rehearing shall stay the operation of the order pending final decision on such motion. A motion for a rehearing shall be immediately referred to the director of public works for recommendations thereon. If the motion is allowed by the director of public works, the director of public works shall proceed as in the case of original hearing on the complaint. Not more than one rehearing on any complaint shall be granted. The decision of the director of public works shall be final upon question of fact. (Ch. No. 3157, Sec. 1(7), 8-18-75)
The holder of a certificate of license issued by the department of health of the State of Rhode Island or persons and acts exempt from licenses pursuant to Title 5, Chapter 20, General Laws of Rhode Island, 1956, as amended shall not be required by this article to obtain any city license for the installation, maintenance or repair of plumbing or the laying of drains. (Ch. No. 3157, Sec. 1(8), 8-18-75)
The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts. (Ch. No. 3157, Sec. 1(9), 8-18-75)
It shall be unlawful to operate a rooming, lodging or boarding house without first obtaining a license from the City Clerk, which shall be approved by the City Council before being issued. Licenses shall expire December 1 of each year, and application for renewal must be made by October 1 of each year.
(a) Upon initial application made to the City Council to operate a rooming, lodging or boarding house, the City Council shall hold a full public hearing. Advertisement of said hearing shall be by legal advertisement in The Call and by personal notification, by regular mail, to all abutters within two hundred (200’) feet of the subject property. Upon receipt of application for renewal, the City Clerk shall advertise for a public hearing. Any and all costs of advertising shall be borne by the applicant, and said costs shall be in addition to the license fee.
(b) At the hearing for the initial application, the applicant must prove to the satisfaction of the City Council
(1) that the rooming, lodging or boarding house is a use that is compatible with the surrounding neighborhood and complies with the provisions of the Zoning Ordinance of the City of Woonsocket, Rhode Island; and
(2) that the owner of the rooming, lodging or boarding house has obtained a Certificate of Occupancy and will meet all applicable State and local laws, including, but not limited to, the State Building Code, Sate Fire Code, State and local Minimum Housing Codes, Zoning Ordinance, and any other laws that the City Council deems applicable; and
(3) that the property where the rooming, lodging or boarding house will be located is adequate to service the needs of the tenants.
(c) License renewal application:
(1) Rooming, lodging or boarding house license renewal applications shall be mailed by the City Clerk to licensed rooming, lodging or boarding house operators on or before September 1 of each year.
(2) The renewal application shall be satisfactorily completed and filed with the City Clerk on or before October I of each year. Payment of the nonrefundable license fee shall accompany the completed renewal application filed with the City Clerk.
(3) After the completed renewal application has been filed with the City Clerk and the non-refundable license fee paid, the applicant shall then contact the Minimum Housing Inspector and the Fire Marshal, or their respective designees, to schedule the inspection of the subject rooming, lodging or boarding house to inspect the interior, all rooms rented and the common areas.
(4) After each inspection has been completed and after all matters with respect to each inspection is in compliance, the Minimum Housing Inspector and/or Fire Marshal, or their respective designees, shall each submit a Certificate of Compliance to the City Clerk.
(5) After the City Clerk is in receipt of a Certificate of Compliance from each of the Minimum Housing Inspector and the Fire Marshal, or their respective designees, and has determined that all the requirements of this Section have been met, the City Clerk shall submit the renewal application to the City Council acting in their capacity as the Board of License Commissioners for authorization to issue said rooming house license.
(6) If a Certificate of Compliance has not been issued by the Minimum Housing Inspector and/or the Fire Marshal, or their respective designees, by November 30 of each year then the applicant shall petition the City Council f9.r an extension of time to bring the subject rooming house into compliance.
(7) If the City Council grants an extension to the applicant and the applicant does not receive a Certificate of Compliance on or before the end of said extension period then said failure shall constitute justifiable cause to enact license revocation proceedings as set forth in subsection (d) of this Section.
(8) No rooming, lodging or boarding house license shall be issued or renewed, if any of the following has occurred or exists:
(i) The rooming, lodging or boarding house does not comply with the provisions of the state and the City of Woonsocket minimum housing codes and the state fire code, all exclusive of so-called "grandfathered" conditions;
(ii) The management and/or operator of a rooming, lodging or boarding house has purposely or knowingly conducted, maintained or allowed to exist a "disorderly house". A disorderly house is an illegal gaming house, a house where illegal drugs are bought and/or sold, a disorderly place of entertainment, a house of prostitution, a place where intoxicating liquor is illegally sold without a license, or a place where people congregate for the commission of a crime or crimes.
(iii) The applicant or owner of the rooming, lodging or boarding house has a delinquent financial obligation to the City of Woonsocket, including, but not limited to, past due real estate or personal property tax payments, past due water or sewer bills, past due special assessments, past due liens and/or fines; provided however that any of said past due amounts shall not be delinquent if said applicant or owner has entered into a payment arrangement with the City of Woonsocket and is not past due with respect to same.
(d) A rooming, lodging or boarding house license issued under this Section 13-37 may be revoked or suspended for cause, as set forth herein in subsection (c) (8) of this Section, after a due process hearing held in the manner hereinafter set forth. -
(1) Upon determination by the Mayor that there exists probable cause for the revocation or suspension of a rooming, lodging or boarding house license under this Section 13-37 the licensee and other interested parties shall be given written notice that a due process hearing shall be held to determine if there is cause as listed in subsection (c) (8) of this Section for revocation of the rooming house license. Such notice shall be issued at least twenty (20) days prior to such hearing and shall be mailed to the licensee's address listed on the most recent license application, or delivered in person to said applicant, and shall state the following:
(i) Specific grounds for revocation or suspension;
(ii) Date, time and place of hearing;
(iii) The right of the licensee to participate and be represented by an attorney;
(iv) Possible penalties.
(2) Such hearing shall be public and all interested persons shall be afforded an opportunity to be heard.
(3) If the City Council shall determine that any of the provisions of subsection (c) (8) of this Section has occurred or exists, they may: (i) Fine the licensee in an amount not to exceed $500.00 per violation;
(ii) Order that identified repairs be made within a specified time period;
(iii) Revoke the rooming, lodging or boarding house license;
(iv) Impose one or any combination of penalties as described in this Subsection (d) (3).
(4) Failure to pay any fine ordered by the City Council shall be grounds for the revocation of the rooming, lodging or boarding house license;
(5) The City Council may, at their discretion, continue the hearing from time to time;
(6) The City Council shall issue a written decision within ten (10) days of the hearing. Should the City Council determine that cause exists for the revocation of the license; such license shall be revoked upon the issue of the written decision.
(7) Unsafe conditions: When, in the opinion of the Building Official, the violations constitute an unsafe condition, the occupants shall be relocated to proper housing accommodations at the owners' expense. This provision shall include, but not limited to unlicensed or illegal rooming, lodging, or boarding house operations.
(e) In the exercise of effective management of a licensed rooming, lodging or boarding house it is suggested that the operator thereof (i) promulgate and distribute to all tenants Rules and Regulations which, in the judgment of the licensee, are necessary for the reputation, safety, care appearance, maintenance or operation of the rooming house or the preservation of good order therein, or the comfort, safety or rights of other tenants or neighbors, and (ii) inform tenants that the violation of any such rule or regulation could result in termination of tenant’s tenancy at the rooming house.
(Ch. No. 6942, Sec. 3, 4-1-02; Ch. No. 7586, Sec. 1, 2-23-11; Ch. 8047, Sec. 1, 6/4/2018)
The owner of any community residence not required to be licensed by the State of Rhode Island under the General Laws of Rhode Island shall obtain a license from the City Clerk, which shall be approved by the City Council before being issued. Licenses shall expire December 1 of each year, and application for renewal must be made by October 1 of each year. A community residence is as defined in §45-24-31 of the General Laws of Rhode Island, and shall not include halfway houses or substance abuse treatment facilities.
(a) A full public hearing shall not be required for any community residence existing at the time of passage of this ordinance.
Upon initial application made to the City Council to operate a community residence, the City Council shall hold a full public hearing. Advertisement of said hearing shall be by legal advertisement in The Woonsocket Call and by personal notification, by regular mail, to all abutters within two hundred (200’) feet of the subject property. Upon receipt of application for renewal, the City Clerk shall advertise for a public hearing. Any and all costs of advertising shall be borne by the applicant, and said costs shall be in addition to the license fee.
(b) At the hearing for the initial application, the applicant must prove to the satisfaction of the City Council
(1) that the subject property meets the definition of a community residence under §45-24-31 of the General Laws of Rhode Island; and
(2) that the community residence is not of the type that is required to be licensed by the State of Rhode Island under the General Laws of Rhode Island; and
(3) that the community residence is a use that is compatible with the surrounding neighborhood; and
(4) that the owner of the community residence has obtained a Certificate of Occupancy and will meet all applicable State and local laws, including, but not limited to, the State Building Code, Sate Fire Code, State and local Minimum Housing Codes, Zoning Ordinance, and any other laws that the City Council deems applicable; and
(5) that the building and site where the community residence will be located is adequate to service the needs of the residents; and
(6) that any provisions necessary to meet the special needs of the residents have been made in the design of the community residence and the site; and
(7) that the operator of the community residence has an adequate management plan and adequately experienced staff to care for the needs of the residents; and
(8) that the operator of the community residence will provide appropriate social services to the residents; and
(9) that there is a demonstrated need for the community residence and that there is not an inordinate concentration of such community residences within the City.
(10) that concerns regarding public safety are adequately addressed.
(c) Every license, once granted, is subject to revocation or suspension for breach by the holder of the license of the conditions on which it was issued or for violation by the holder of the license of any rule or regulation applicable. The City Council shall conduct a show cause hearing before undertaking any such revocation under this section.
(Ch. No. 6942, Sec. 3, 4-1-02)
(Editor's note--Ch. No. 3928, adopted Oct. 5, 1981, did not specifically amend this Code; hence inclusion of Secs. 1--8 as ch. 13, art. IV, Secs. 13-47--13-54, was at the discretion of the editor.)
No person shall tattoo another, offer to tattoo another or operate or conduct a tattooing establishment of any kind within the City of Woonsocket without first obtaining a license therefor from the city council. (Ch. No. 3928, Sec. 1, 10-5-81)
Applicants for a license under this article shall file a written sworn application, in duplicate, signed by the applicant with the city clerk, giving the following information:
(a) The name, address (both legal and local address), age, date and place of birth of the applicant;
(b) The names and addresses of all partners, if a partnership, and the names and addresses of all officers and stockholders, if a corporation;
(c) A complete list of all prior arrests and all convictions, whether of felonies or misdemeanors, of the applicant and of all persons having any interest in the business of the applicant;
(d) The location where the applicant proposes to conduct the tattooing; and
(e) A statement by a physician of the city, dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of infectious, contagious or communicable disease. (Ch. No. 3928, Sec. 2, 10-5-81)
One (1) copy of the application required by this article shall be referred to the chief of police and the other copy to the state health department.
(a) The chief of police shall investigate to ascertain if the applicant is a person of good moral character and either approve or disapprove the application.
(b) The state health department shall inspect the proposed location to determine if there is a supply of cool running water, boiling water, alcohol and adequate means of sterilization of equipment and also to determine that all equipment and materials used are such as to protect the health and safety of persons tattooed.
(c) No license shall be issued to any applicant unless the application is approved by both the chief of police and the state health department. (Ch. No. 3928, Sec. 3, 10-5-81)
Each applicant, before being granted a license, shall pay an annual fee of one hundred dollars ($100.00). Each license shall expire one (1) year from date of issuance. (Ch. No. 3928, Sec. 4, 10-5-81)
The license provided for in this article shall be posted conspicuously at the location where the applicant conducts the tattooing. (Ch. No. 3928, Sec. 5, 10-5-81)
If the licensee moves his or her tattooing business to another location within the city, the license may be transferred to such new location upon application to the city council, giving the street and number of the new location. The new location shall first be approved by the state health department in the same manner as provided in section 13-49 of this article.
(Ch. No. 3928, Sec. 6, 10-5-81)
Each license issued under this article is subject to the right of the city council, which is hereby expressly reserved, to revoke the same for any fraud, misrepresentation or false statement contained in the application for the license, for a conviction of any crime or misdemeanor involving moral turpitude, or of a violation of any of the provisions of this article, or of failure to comply with any regulation or order issued by the state health department. The applicant shall, if he or she desires, have the right to a hearing upon such revocation, which hearing shall be held subject to such rules and regulations as may be set by the city council; provided that if the state health department orders a revocation for sanitary or health reasons, the applicant shall not be entitled to a hearing prior to revocation.
(Ch. No. 3928, Sec. 7, 10-5-81)
Notwithstanding the holding of a license, the following prohibitions and restrictions shall apply to all tattooing in the city:
(a) No person under the influence of alcoholic beverages shall be tattooed.
(b) No tattooing work shall be done on the hands, feet, face or private parts.
(c) No person under eighteen (18) years of age shall be tattooed, and the licensee shall require proof of age in all instances.
(d) A record shall be kept of all persons tattooed, giving the design applied and the name and address of such person. This record shall at all times be available for inspection by proper police personnel.
(e) No tattooing establishment shall remain open later than 11:00 p.m.
(f) No person shall be tattooed more often than once in any one (1) week, nor in any case until any prior work has completely healed.
(g) New needles shall be installed daily, and machine tubes shall be placed in boiling water before use. Color dyes shall be kept in white glass jars with plastic tops and kept clean. All tubes shall have stainless steel points.
(Ch. No. 3928, Sec. 8, 10-5-81)
(Editor's note--Ordinance Ch. No. 6224, Secs. 1--4, adopted Apr. 1, 1996, added provisions concerning barbers, hairdressers, cosmeticians, etc., to the Code, but did not specify manner of codification; hence, such provisions were designated by the editor as Art. V, Secs. 13-61--13-65.)
For the purpose of these regulations, and pursuant to title 5, chapter 10 of the General Laws of Rhode Island, as amended:
(a) Barber shall mean any person who shaves or times the beard, waves, dresses, singes, shampoos, or dyes the hair or applies hair tonics, cosmetic preparations, antiseptics, powders; oil clays, or lotions to the scalp, face or neck of any person; or cuts the hair of any person, gives facial and scalp massages, or treatments with oils, creams, lotions, or other preparations.
(b) Esthetician shall mean any person who engages in the practice of esthetics, and is duly licensed as an esthetician.
(c) Esthetician shop shall mean a shop licensed under title 5, chapter 10 of the General Laws of Rhode Island to do esthetics of any person.
(d) Hairdresser and cosmetician shall mean any person who arranges, dresses, curls, cuts, waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person either with or without compensation or who, by the use of the hands or appliances, or of cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying or in doing similar work upon the neck, face or arms or who removes superfluous hair from the body of any person.
(e) Hair design shop shall mean a shop licensed under title 5, chapter 10 of the General Laws of Rhode Island to do barbering or hairdressing/cosmetology or both to any person.
(f) Manicurist shall mean any person who engages in the practice of manicuring for compensation, and is duly licensed as a manicurist.
(g) Manicuring shop shall mean a shop licensed under title 5, chapter 10 of the General Laws of Rhode Island to do manicuring only on the nails of any person.
(h) The practice of barbering shall mean the engaging by any licensed barber in all or any combination of the following practices: shaving or trimming the beard or cutting the hair; giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, or neck.
(i) The practice of esthetics shall mean the practice of cleansing, stimulating, manipulating, and beautifying skin, including but not limited to the treatment of such skin problems as dehydration, temporary capillary dilation, excessive oiliness, and clogged pores.
(j) The practice of hairdressing and cosmetic therapy shall mean the engaging by any licensed hairdresser or cosmetician in any one or more of the following practices: the application of the hands or of mechanical or electrical apparatus, with or without cosmetic preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate, manipulate, exercise, or otherwise improve or to beautify the scalp, face, neck, shoulders, arms, bust, or upper part of the body or the manicuring of the nails of any person; or the removing of superfluous hair from the body of any person; or the arranging, dressing, curling, waving, weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair of any person.
(k) The practice of manicuring shall mean the cutting, trimming, polishing, tinting, coloring, or cleansing the nails of any person.
(Ch. No. 6224, Sec. 1(1), 4-1-96)
No person shall practice barbering, hairdressing and cosmetic therapy, esthetics, or manicuring, unless the person shall have first obtained a license therefor pursuant to title 5, chapter 10 of the General Laws of Rhode Island.
(Ch. No. 6224, Sec. 1(2), 4-1-96)
No shop, place of business, or establishment shall be opened or conducted by any person, association, copartnership, corporation, or otherwise for the practice of barbering, hairdressing and cosmetic therapy, manicuring and/or esthetics until such time as that shop, place of business, or establishment shall have been licensed for the practice of barbering, hairdressing and cosmetic therapy, manicuring and/or esthetics pursuant to title 5, chapter 10 of the General Laws of Rhode Island.
(Ch. No. 6224, Sec. 1(3), 4-1-96)
Manicuring, esthetics, barbering, and/or hairdressing and cosmetic therapy shall be practiced only in a shop licensed pursuant to title 5, chapter 10 of the General Laws of Rhode Island.
(a) Nothing herein contained shall be construed to prohibit the practice of barbering, manicuring, and hairdressing and cosmetic therapy and esthetics in the same shop or place of business.
(b) Nothing herein contained shall restrict a hairdresser licensed pursuant to title 5, chapter 10 of the General Laws of Rhode Island, operating in a licensed nursing service agency, from providing services to an individual who is homebound at their home. For the purpose of this section, "homebound" shall be defined as any person who is considered housebound for the purpose of federal medicare eligibility.
(c) Nothing herein contained shall restrict any person licensed pursuant to title 5, chapter 10 of the General Laws of Rhode Island from providing services to an individual who is homebound at their home as verified by a licensed health care professional.
(Ch. No. 6224, Sec. 1(4), 4-1-96)
No certificate of occupancy for any shop, place of business, or establishment to be used in the practice of barbering, hairdressing and cosmetic therapy, manicuring and/or esthetics shall be issued prior to presentation of a valid license which has been issued for the practice of barbering, hairdressing and cosmetic therapy, manicuring and/or esthetics in that shop, place of business, or establishment pursuant to title 5, chapter 10 of the General Laws of Rhode Island.
(Ch. No. 6224, Sec. 1(4), 4-1-96)
SECTION 2. Definitions.
Board of licenses means the Woonsocket City Council sitting as the Board of License Commissioners.
Characterizing flavor means a distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint or winter green imparted either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice, provided, however, that no tobacco product shall be determined to have characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
Cigar means any roll of tobacco other than Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four pounds per thousand.
Cigarette means: (i)any roll of tobacco wrapped in paper or in any substance not containing tobacco, and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition.
Component part means any clement of a tobacco product, including, but not limited to, the tobacco, filter, and paper, but not including any constituent.
Constituent means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the processing, manufacture or packing of the tobacco product. Such term shall include a smoke constituent.
Consumer means a person who purchases a tobacco product for consumption and not for sale to another.
Coupon means any voucher, rebate, card, paper, note, form statement, ticket, image, or other issue; whether in paper, digital, or other form; used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
Distinguishable means perceivable by an ordinary consumer by either the sense of smell or taste.
Flavored tobacco product means any tobacco product, other than a cigarette, that contains a constituent that imparts a characterizing flavor.
Full retail price means the higher of the price listed for a tobacco product on its packaging or the price listed Oil any related shelving, posting, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price, and before the application of any discounts or coupons.
Little cigar means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four pounds per thousand. "Little Cigar" includes, but is not limited to, tobacco products known or labeled as "small cigar" or "little cigar."
Non-cigarette tobacco product means a tobacco product that 'is not a cigarette.
Package or packaging means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
Person means any natural person, partnership, firm, joint stock company, corporation, or employee thereof, or other legal entity.
Sale or sell means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
Smoke constituent means any chemical or chemical compound in mainstream or side stream tobacco product smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or hearing of tobacco, additives, or other component of the tobacco product.
Tobacco product means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoke, heated, chewed, absorbed, dissolved, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Notwithstanding any provision of clauses (1) and (2) in this definition to the contrary, tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately; tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes whether such product is marketed and sold solely for such an approved purpose.
Vending machine means any mechanical, electrical, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.
SECTION 3. License Required.
It shall be unlawful to sell or to possess with the intention of selling tobacco products within the City without having first obtained a tobacco dealer's license pursuant to this article. Such license shall be in addition to any other license required by state and/or federal law. A tobacco dealer's license is valid for one person at one location and may not be transferred from one person to another or from one location to another. Failure to obtain and maintain a valid license shall result in a fine of Five Hundred Dollars ($500.00). The fee for the tobacco dealer's license shall be Seventy-five Dollars ($75:00)per year. All licenses granted under the provisions of this article shall be displayed in a conspicuous place within the business so licensed.
SECTION 4. License Eligibility.
Licenses shall only be granted to authorize the sale of tobacco products within the City at a fixed location. For example, the sale of tobacco products by persons on foot or from vehicles is prohibited.
SECTION 5. License application; term.
Application for a license shall be submitted to the board of licensees together with an application fee of seventy-five Dollars ($75.00). A tobacco dealer's license shall be effective through the thirty-first (31st) day of December of the calendar year for which it is issued. No license shall be granted without proof that the applicant has obtained all necessary state licenses for the sale of tobacco products.
SECTION 6. Requirements and prohibitions applicable to licensees.
(a) No licensee, or employee or agent of such licensee, shall sell or possess with the intention of selling a tobacco product to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state Jaw to purchase and possess the tobacco product.
(b) Display a/price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.
(c) Packaging and labeling. No licensee, or employee or agent of such licensee, shall sell any tobacco product unless such product: (1) is sold in the original manufacturer's packaging intended for sale to consumers; and (2) conforms to all applicable federal labeling requirements.
(d) Prohibition 0/tobacco coupons and discounts. No licensee, or employee or agent of such licensee, shall:
1. Accept or redeem, or offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product to a consumer without charge or for less than the full retail price;
2. Sell any tobacco product to a consumer through a multiple-package discount (e.g. "buy-two-get-one-free") or otherwise provide any tobacco product to a consumer for less than the full retail price in exchange for the purchase of any other tobacco product;
3. Provide any free or discounted item to a consumer in exchange for the purchase of any tobacco product.
(e) Sale a/flavored tobacco products prohibited. No licensee, or employee or agent of such licensee, shall sell any flavored tobacco product to a consumer. A non-cigarette tobacco product is presumed to be a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees has: (1) made a public statement or claim that the noncigarette tobacco product has or produces a characterizing flavor, including, but not limited to, text and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate information about the flavor, taste, or aroma of a non-cigarette tobacco product; or (2) taken action directed to consumers that would be reasonably expected to result in consumers believing that the non-cigarette tobacco product imports a characterizing flavor. Each licensee shall maintain on the premises the original labeling and packaging provided by the manufacturer for all tobacco products that are sold or offered for sale by the licensee separately from the original packaging designed for retail sale to the consumer. The original labeling and packaging from which the contents are sold separately shall be maintained during such time as the contents of the package are offered for sale, and may be disposed of upon the sale of the entire contents of such package.
This subsection (f) shall not apply to the following businesses:
1. A smoking bar as defined in Section 23-20.10-2(15) of the Rhode Island General Laws.
2. A retail store as defined in Section 23-20.10-2(11) of the Rhode Island General Laws.
3. An electronic smoking device establishment.
SECTION 7. Suspension or revocation of license - fines and costs.
The Woonsocket Police Department shall enforce the provisions of this article. All licensees shall be subject to a compliance check at least two (2) times a year; violators shall be checked more frequently until two (2) consecutive compliance checks are completed without violation. If an alleged violation occurs, the Woonsocket Police Department shall issue a citation that will require the licensee to appear for a show cause hearing before the board of licenses. If, after a hearing, the board finds that a violation has occurred, the board shall impose a civil fine of two Hundred and Fifty Dollars ($250.00) for the first offense; Five Hundred Dollars ($500.00) for the second offense; and Seven Hundred and Fifty Dollars ($750.00) for any subsequent offense(s). Additionally, the board may suspend or revoke the license. If a licensee maintains its license for Thirty-six (36) consecutive months without a violation, any new violation shall be treated as a first offense. It is the intent of this legislation that all fines collected by the City hereunder shall be used by the board of licensees and the Woonsocket Police Department for the purpose of conducting tobacco product compliance checks~
SECTION 8. Use of premises during license suspension.
During the period of any suspension of a tobacco dealer's license, the licensee shall remove all tobacco products from the retail display area of the location and secure them in a Locked area for the duration of the suspension. If, at any time during the suspension period, the licensee is found to be selling, distributing, or delivering any tobacco products, the license shall be revoked.
SECTION 9. Vending machines.
Businesses which have vending machines shall be subject to the same fines and penalties as described in Section 6 of this article. In the event that a tobacco dealer's license is suspended or revoked, then the vending machine shall be removed from the licensed location for the period of suspension or revocation. )
SECTION 10. Severability.
If any provision of this article, or application thereof to any person or circumstances, is held unconstitutional, illegal, or otherwise invalid, the remaining provisions of this article and the application of such provisions to other persons or circumstances, other than those to which it is held invalid, shall not be affected thereby.
(Ch. No. 7981, Sec. 1-11, 4-3-2017)
Consumer short-term lender: an individual or entity engaged in the business of making or arranging short-term loans, other than a state or federally chartered bank, savings bank, or credit union.
Consumer short-term loan: a loan to a borrower which has a principal amount, or an advance on a credit limit, of five-hundred dollars ($500) or less and requires a minimum repayment within sixty (60) days of loan origination or credit advance of more than 25% of the principal balance or credit advance. For the purposes of this section, each new advance of money to a borrower under a short-term loan agreement constitutes a new short-term loan.
Interested owner: an individual with ownership interest in a Licensed Consumer Short-Term Lender business. This includes but is not limited to direct owners, subsidiaries, and affiliates of the applicant and/or licensee.
No person shall operate, maintain, or otherwise engage in business as a Consumer Short-Term Lender without first obtaining a license to do so as provided in the Chapter.
Any individual desiring to operate, maintain, or engage in business as a consumer Short-Term Lender shall make their verified application in writing to the City Council upon such forms as the Council from time to time shall require. The application set forth, in addition to other information as may be required by the Council, must include the following:
1. The name, address, mailing address, telephone number, facsimile number, and email of the applicant.
ii. The business or trade name, street address, mailing address, telephone number, facsimile number, of the Consumer Short-Term Lender.
iii. A copy of a current, valid state license held by the Consumer Short-Term
Lender pursuant to R.I.G.L. § 19-14.4-1.
iv, Each application shall also be accompanied by a certified check, money order, cashier's check, or electronic payment in an amount equal to the annual license fee for one year.
The applicant shall be bound by all of the answers and information furnished on the application presented to the City, and any falsification of information requested on said application, or any falsification of any additional information requested by the City in its course of investigation of the applicants, shall be grounds for denial or revocation of said license.
A license issued for the operation of a business as a Consumer Short-Term Lender shall be issued for a period of one year and expire on March 31st of each year. The applicant shall pay in advance the fee as established by the City's fee schedule. Such license may thereafter be renewed annually by approval of the Woonsocket Board of License Commissioners which is the Woonsocket City Council.
A Consumer Short-Term Lender shall make no more than two (2) loans of five•
hundred dollars ($500) or less per person per calendar year.
A Consumer Short-Term Loan requires a minimum repayment within sixty (60)
days ofloan origination.
A Consumer Short-Term Lender must furnish a copy of the written loan contract to each borrower. The contract and disclosures must contain an itemization of all fees and charges to be paid by the borrower.
For Consumer Short-Term Loans between $0-$500, Consumer Short-Term Lenders may charge a fee of no more than ten percent (10%) of the amount of the loan, as pursuant to R.I.G.L. § 19-14.4-4(4).
A Consumer Short-Term Lender shall not extend repayment periods for
Consumer Short-Term Loans. If a Consumer Short-Term Lender grants additional time to repay a Consumer Short-Term Loan, in no event shall the Consumer
Short-Term Lender charge an additional fee for the extension or increase the balance owed above the original amount.
Any licensed issued by the City of Woonsocket shall be binding upon all Interested Owners of the Consumer Short-Term Lender business. An Interested Owner is prohibited from obtaining an additional license for a separate Consumer Short-Term Lender business.
A Consumer Short-Term Lender must annually file a report with the City Clerk that contains the following information for each calendar year:
1. The total number of Consumer Short-Term Loans issued per calendar year
2. The total dollar amount, over and above principal, collected on the loans
3. The average effective annual percentage rate and range of effective annual percentage rates
4. The state of origin ofborrowers
The City Clerk shall be empowered upon City Council approval to issue licenses to a person engaged in business as a Consumer Short-Term Lender, upon application being made thereof to the office of the City Clerk.
Grounds for denying the issuance of or renewal of a license include, but are not limited to, the following:
1. The applicant is under the age of eighteen (18) years old.
2. The applicant has been convicted within the past five (5) years of any violation. or crime of federal, state, or local law, ordinance, provision, or regulation.
3. The applicant has had a license to operate a business as a Consumer Short• Term Lender suspended or revoked within the preceding twelve (12) months of the date of the application.
4. The applicant fails to provide any of the information required on the application or provides false/misleading information.
5. The applicant is prohibited by federal, state, or local laws, ordinances, or other regulation from holding a license.
If a license is mistakenly issued or renewed to a person, it shall be revoked upon discovery that the person was ineligible for the license under this article.
The City Council, in their authority under the Woonsocket Board of License Commissioners, may suspend or revoke any license to operate a business as a Consumer Short-Term Lender, as defined in this article.
A conviction of any persons holding a license to operate a business as a Consumer Short-Term Lender for a violation of this article or any crime related to this occupation by federal, state, or local laws shall be grounds for immediate revocation of this license under the provisions of this article of the Woonsocket Code of Ordinances. The Woonsocket Board of License Commissioners also serving as the Woonsocket City Council may levy fines in addition to the revocation or suspension of the licensee.
Notwithstanding the foregoing, the Woonsocket City Council acknowledges R.I.G.L. § 19-14.4-1 which prohibits the imposition or creation of licenses of certain regulated institutions, banks, credit unions, persons, etc. identified under said state law. In no way, is this Code of Ordinances intended to violate or conflict with state law. To the extent that any section of this Chapter runs afoul or conflicts with R.I.G.L. § 19-14.4-1 or other applicable existing state law, that section shall be automatically excised from this Chapter but the remaining
sections shall be upheld and continue to govern the licensed activity which is the subject of this legislation.
(Ch. No. 8413, Sec. 2, 12-18-2023)