§ 5-38.4-1 Local licensing – Fees – Penalties
§ 5-38.4-2 Hearings and objections by neighboring landowners
§ 5-38.4-3 “Motor vehicle repair business” defined
§ 5-38.4-4 Conditions to licensing of motor vehicle repair business
§ 5-38.4-5 Enforcement of § 5-38.4-4
§ 5-38.4-6 Existing motor vehicle repair businesses
§ 5-38.4-7 Severability

Terms Used In Rhode Island General Laws > Chapter 5-38.4 - Cranston - Motor Vehicle Repair Businesses

  • Abuse: means physical abuse, sexual abuse, and/or emotional abuse of an elderly person by a caregiver as defined in subsection (5). See Rhode Island General Laws 42-66-4.1
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affiliate: means an entity that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with another entity. See Rhode Island General Laws 42-64.33-2
  • Applicable percentage: means zero percent (0%) for the first three (3) credit allowance dates, and twenty-one and one-half percent (21. See Rhode Island General Laws 42-64.33-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Capital investment: means any equity or debt investment in a small business development fund by a small business fund investor that:

    (i)  Is acquired after July 5, 2019, at its original issuance solely in exchange for cash;

    (ii)  Has one hundred percent (100%) of its cash purchase price used by the small business development fund to make qualified investments in eligible businesses located in this state within three (3) years of the initial credit allowance date; and

    (iii)  Is designated by the small business development fund as a capital investment under this chapter and is certified by the corporation pursuant to § 42-64. See Rhode Island General Laws 42-64.33-2

  • Caregiver: means a person who has assumed the responsibility for the care of the elderly person voluntarily, by contract or by order of a court of competent jurisdiction, or who is otherwise legally responsible for the care of the elderly person. See Rhode Island General Laws 42-66-4.1
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Corporation: means the Rhode Island commerce corporation. See Rhode Island General Laws 42-64.33-2
  • Credit allowance date: means the date on which a capital investment is made and each of the five (5) anniversary dates of the date thereafter. See Rhode Island General Laws 42-64.33-2
  • Director: shall mean the director of the department of elderly affairs or the director's designee. See Rhode Island General Laws 42-66.1-2
  • elder: means any person sixty (60) years of age or older. See Rhode Island General Laws 42-66-4.1
  • Eligible business: means a business that, at the time of the initial qualified investment in the company:

    (i)  Has less than two hundred fifty (250) employees;

    (ii)  Has not more than fifteen million dollars ($15,000,000) in net income from the preceding tax year;

    (iii)  Has its principal business operations in this state; and

    (iv)  Is engaged in industries related to clean energy, biomedical innovation, life sciences, information technology, software, cyber physical systems, cybersecurity, data analytics, defense, shipbuilding, maritime, composites, advanced business services, design, food, manufacturing, transportation, distribution, logistics, arts, education, hospitality, tourism, or, if not engaged in the industries, the corporation makes a determination that the investment will be beneficial to the economic growth of the state. See Rhode Island General Laws 42-64.33-2

  • Emotional abuse: means a pattern of willful infliction of mental or emotional harm upon an elder by threat, intimidation, isolation or other abusive conduct. See Rhode Island General Laws 42-66-4.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exploitation: means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses. See Rhode Island General Laws 42-66-4.1
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Housing for the elderly: shall mean private and public housing complexes designated by the federal government as housing for the elderly located in the state. See Rhode Island General Laws 42-66.1-2
  • 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
  • Jobs created: means a newly created position of employment that was not previously located in the state at the time of the qualified investment in the eligible business and requiring a minimum of thirty five (35) hours worked each week, measured each year by subtracting the number of full-time, thirty-five hours-per-week (35) employment positions at the time of the initial qualified investment in the eligible business from the monthly average of full-time, thirty-five hours-per-week (35) employment positions for the applicable year. See Rhode Island General Laws 42-64.33-2
  • 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.
  • Minority business enterprise: means an eligible business which is certified by the Rhode Island office of diversity, equity and opportunity as being a minority or women business enterprise. See Rhode Island General Laws 42-64.33-2
  • motor vehicle repair business: means any place, establishment, garage, outdoor work area, or work area enclosed within a building where repairs are made or caused to be made to motor vehicles, including engines, carburetors, brakes, transmissions, muffler systems, electrical systems, and general running gear of motor vehicles including autobody repairs; and including any used automobile dealership, but excluding any new automobile dealership. See Rhode Island General Laws 5-38.4-3
  • Neglect: means the willful failure by a caregiver or other person with a duty of care to provide goods or services necessary to avoid physical harm, mental harm or mental illness to an elderly person, including, but not limited to, "abandonment" (withdrawal of necessary assistance) and denial of food or health related services. See Rhode Island General Laws 42-66-4.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal business operations: means the location where at least sixty percent (60%) of a business's employees work or where employees who are paid at least sixty percent (60%) percent of the business's payroll work. See Rhode Island General Laws 42-64.33-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Protective services: means services and/or action intended to prevent and/or alleviate the abuse, neglect, exploitation or self-neglect of elderly persons. See Rhode Island General Laws 42-66-4.1
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase price: means the amount paid to the small business development fund that issues a capital investment that shall not exceed the amount of capital investment authority certified pursuant to § 42-64. See Rhode Island General Laws 42-64.33-2
  • Qualified investment: means any investment in an eligible business or any loan to an eligible business with a stated maturity date of at least one year after the date of issuance, excluding revolving lines of credit and senior secured debt unless the eligible business has a credit refusal letter or similar correspondence from a depository institution or a referral letter or similar correspondence from a depository institution referring the business to a small business development fund; provided that, with respect to any one eligible business, the maximum amount of investments made in the business by one or more small business development funds, on a collective basis with all of the businesses' affiliates, with the proceeds of capital investments shall be twenty percent (20%) of the small business development fund's capital investment authority, exclusive of investments made with repaid or redeemed investments or interest or profits realized thereon. See Rhode Island General Laws 42-64.33-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Self-neglect: means a pattern of behavior in an elderly person that directly, imminently and significantly threatens his/her own health and/or, safety. See Rhode Island General Laws 42-66-4.1
  • Sexual abuse: means the infliction of non-consensual sexual contact of any kind upon an elderly person. See Rhode Island General Laws 42-66-4.1
  • Small business development fund: means an entity certified by the corporation under § 42-64. See Rhode Island General Laws 42-64.33-2
  • Small business fund investor: means an entity that makes a capital investment in a small business development fund. See Rhode Island General Laws 42-64.33-2
  • State: means the state of Rhode Island. See Rhode Island General Laws 42-64.33-2
  • State tax liability: means any liability incurred by any entity under § 44-17-1 et seq. See Rhode Island General Laws 42-64.33-2
  • 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
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
  • Willful: means intentional, conscious and directed toward achieving a purpose. See Rhode Island General Laws 42-66-4.1