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Rhode Island General Laws 5-11-1.1. “Hawkers,” “peddlers,” and “door-to-door salespersons” defined – Authority to issue rules and regulations

     

(a)  For purposes of this chapter:

(1)  “Door-to-door salespersons” means persons who deliver goods, wares, or merchandise to customers for which payment has already been made or is to be made at the time of delivery;

(2)  “Hawker” means any person selling or offering for sale any goods, wares, or merchandise, including any food or beverage, on any public street, highway, or public right of way in the state from a stationary location;

(3)  “Peddler” means any person selling or offering for sale any goods, wares, or merchandise from a vehicle, cart, or any other conveyance that is not stationary, subject to subsection (c); and

(4)  No “hawker” or “peddler” shall sell or offer for sale any single good, ware, or item having a retail value of more than three hundred dollars ($300). However, this dollar limitation shall not apply to any nonprofit corporation duly authorized to do business in Rhode Island. A nonprofit corporation means a nonprofit corporation that has applied under 26 U.S.C. § 501(c)(3) for approval as a § 501(c)(3) corporation with the Internal Revenue Service, or has been so approved.

Terms Used In Rhode Island General Laws 5-11-1.1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • 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)  Persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition are not hawkers or peddlers, provided, that:

(1) Cumberland.  The town of Cumberland has the power to license and regulate persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition;

(2) West Warwick.  The town of West Warwick has the power to license and regulate persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition;

(3) Bristol.  The town of Bristol has the power to license and regulate persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition;

(4) Warwick.  The city of Warwick has the power to license and regulate persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition;

(5) East Providence.  The city of East Providence has the power to license and regulate persons selling farm or garden produce, including flowers; and

(6) Woonsocket.  The city of Woonsocket has the power to license and regulate peddlers selling or offering flowers.

(c)  “Mobile food establishments” registered pursuant to chapter 11.1 of this title, and any regulations promulgated thereunder, are not hawkers or peddlers and are explicitly exempted from this chapter.

History of Section.
P.L. 1987, ch. 86, § 1; P.L. 1988, ch. 466, § 1; P.L. 1995, ch. 174, § 1; P.L. 1995, ch. 185, § 1; P.L. 1996, ch. 76, § 1; P.L. 1999, ch. 316, § 1; P.L. 2002, ch. 87, § 1; P.L. 2002, ch. 277, § 1; P.L. 2002, ch. 350, § 1; P.L. 2005, ch. 40, § 1; P.L. 2005, ch. 160, § 1; P.L. 2017, ch. 442, § 1; P.L. 2017, ch. 445, § 1; P.L. 2018, ch. 80, § 1; P.L. 2018, ch. 94, § 1.

Rhode Island General Laws 5-11.1-1. Short title

     

This chapter shall be known and may be cited as the “State Mobile Food Establishment Registration Act.”

History of Section.
P.L. 2018, ch. 80, § 2; P.L. 2018, ch. 94, § 2.

Terms Used In Rhode Island General Laws 5-11.1-1

  • Mobile food establishment: means a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. See Rhode Island General Laws 5-11.1-3
  • registration: means a registration issued by the department which authorizes a mobile food establishment to operate in the state. See Rhode Island General Laws 5-11.1-3