(a)  Unless otherwise provided herein, the owner and operator of each wholesale, retail, commercial, professional service, and manufacturing business, whether sole proprietorships, partnership, corporations, or any business entity, shall register their business situated in the town of Smithfield with the tax assessor of the town of Smithfield. Each registration shall contain the name of the business, the name of the owner(s) and operator(s) of the business, the type of business to be conducted, and other basic information as required by said tax assessor.

Terms Used In Rhode Island General Laws 45-2-31.3

  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Statute: A law passed by a legislature.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  There shall be a fee for each registration and for each annual renewal thereof. The registration fee shall be five ($5.00) dollars. It shall be unlawful for a person to own or operate a business described herein in the town of Smithfield without a registration certificate issued hereunder.

(c)  Upon proper registration of a business, a registration certificate shall be issued to the registrant by the tax assessor. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the 31st day in December and shall be renewed annually upon payment of the required fee. No certificate shall be issued or renewed if the business fails to provide proof from the tax collector that all municipal taxes assessed to the business, including municipal taxes assessed to any prior business owned or operated by one or more of the principals of the registrant at the same physical location, have been paid to date. Every certificate of registration shall be kept in a conspicuous location on the premises of each business establishment.

(d)  Any business required to obtain a liquor, victualling, or any other license to operate under any other section of the general laws, a condition of which is the prior payment of Smithfield municipal taxes, shall be exempt from the requirements of this statute.

(e)  Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter, shall be fined not to exceed twenty-five dollars ($25.00) for each month or fraction thereof that the violation continues; provided, however, that the fine shall not exceed three hundred dollars ($300). The Rhode Island district court and the Smithfield municipal court shall have concurrent jurisdiction to enforce the provisions of this statute. In addition to imposing the fines provided for herein, the Rhode Island district court and the Smithfield municipal court may order the closure of any business described herein until a registration certificate is obtained. The fines shall inure to the town.

History of Section.
P.L. 2010, ch. 94, § 1; P.L. 2010, ch. 115, § 1; P.L. 2014, ch. 187, § 1; P.L. 2014, ch. 218, § 1.