§ 5-11-1.1 — § 5-11-1.1. "Hawkers,â€� "peddlers,â€� and "door-to-door salespersonsâ€� defined — Authority to issue rules and regulations.

§ 5-11-1.1. "Hawkers,â€� "peddlers,â€� and "door-to-door salespersonsâ€� 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 "hawkerâ€� or "peddlerâ€� 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.

(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.

Legislative History

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.