reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.6 - Insurance

Current through June 14, 2024
A. Event Licensee.
1. All Event Licensees shall furnish to the
				  Division evidence of insurance at least thirty-six (36) hours prior to the
				  starting time for the first Contest, Match or Exhibition of the Event as
				  follows:
a. Public liability insurance in
				  such form and in such amount as the Division deems satisfactory; and
b. Such other policies of insurance in such
				  form and in such amounts as the Division shall reasonably require.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.7 - Closed Circuit Television

Current through June 14, 2024
No Closed Circuit Television broadcasts of an Event shall
					 be permitted unless the Promotor or Person who intends to broadcast the Event
					 has first obtained a License from the Division. The application form for a
					 Closed Circuit Television License shall be supplied by the Division during
					 Regular Business Hours. The application shall be completed in full, shall be in
					 compliance with the requirements of R.I. Gen. Laws §
										41-5-3.7 and shall also include
					 any other information the Division may require.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.8 - Miscellaneous

Current through June 14, 2024
A. No Person under eighteen (18) years of age
				  shall be licensed as a Competitor.
B. No Person may participate in a Wrestling
				  Event against or with an animal.
C.
				  No male Competitor may participate in a Wrestling Event against a female
				  Competitor or vice-versa.
D. No
				  Person over the age of thirty-five (35) shall be licensed as a Competitor
				  without a hearing before the Division concerning his/her physical ability to
				  perform.
E. Any Person applying for
				  a Competitor's License without significant professional or amateur experience
				  may be required to show proof of proper training as a wrestler.
F. The Referee or the Division official at
				  ringside pursuant to R.I. Gen. Laws §
										41-5-9.1 may disqualify a
				  Competitor before or during the Event for:
1.
				  the use of profanity, including gestures, by the Competitor, his manager, or
				  his second; or
2. unsportsmanlike
				  behavior including, but not limited to, arguing with a Referee or the Division
				  official or refusing to obey either the Referee or Division official's
				  orders.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.9 - Variances or Waivers

Current through June 14, 2024
The Division, upon its own or at the request of any
					 Licensee or of any applicant for a License, may grant variances or waivers of
					 any portion of these Rules in the Department's sole discretion as it deems
					 proper or necessary depending upon the facts and individual circumstances of
					 the request.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.10 - Time, Number of Matches, Contests or Exhibitions

Current through June 14, 2024
No Event shall commence later than 8:30 p.m. Each
					 individual Contest, Match or Exhibition shall be a maximum of thirty (30)
					 minutes. The total number of Wrestling Matches, Contests or Exhibitions for an
					 Event shall be submitted to the Division for approval, in advance of the Event.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.11 - Protective Equipment

Current through June 14, 2024
All male Competitors shall be required to wear a foul-proof
					 groin protector. A plastic cup with an athletic supporter is adequate, but an
					 abdominal guard is preferable. Female Competitors must wear foul-proof breast
					 protectors. Plastic breast covers are adequate. All Competitors must wear
					 fitted mouthpieces. In addition to the foregoing, the Division reserves the
					 right to require Competitors to wear such other protective equipment as the
					 Division deems necessary in furtherance of the underlying policies and purposes
					 of these Rules and the Act.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.12 - Forbidden Tactics, Blows and Strikes

Current through June 14, 2024
No Competitor shall be permitted to engage in any tactics,
					 blows or strikes which the Division considers unnecessarily dangerous. In order
					 for the Division to evaluate the tactics, blows or strikes, the Division may
					 require a visual depiction as well as a written explanation of the tactics,
					 blows and strikes the Competitors will be permitted to use at the Event. The
					 Division shall prohibit the Competitors from engaging in any tactics, blows or
					 strikes it considers unnecessarily dangerous in furtherance of the underlying
					 policies and purposes of these Rules and the Act.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.13 - Ring and Equipment

Current through June 14, 2024
A. The ring,
				  platform, covering, posts, ropes and all other equipment and materials to be
				  used, employed or relied upon by the Competitors or any other Person during a
				  Contest, Match or Exhibition shall be inspected and examined by the Division at
				  least four (4) hours prior to the starting time for the first Contest, Match or
				  Exhibition, all in accordance with the requirements and procedures outlined in
				  R.I. Gen. Laws §
										41-5-3.5(b).
B. In addition to the foregoing, the Division
				  shall require that the ring shall be not less than eighteen (18) feet nor more
				  than twenty-four (24) feet square within the ropes. The ring floor is to extend
				  beyond the ropes a distance of not less than two (2) feet. The ring floor shall
				  be padded with a soft, nongathering material to a thickness of not less than an
				  inch and one-half extending two (2) feet beyond the ring ropes, with a top
				  covering tightly stretched and secured to the ring platform. The ring shall not
				  be more than four (4) feet above the floor of the building; and shall be
				  provided with suitable steps for the use of the Competitors and other Persons
				  who need access. Ring posts shall be made of metal, extending from the floor of
				  the building to a height of forty-eight (48) inches above the ring floor. The
				  ring must be properly lighted. There shall be three (3) ropes in number, not
				  less than one (1) inch in diameter. Ropes shall be wrapped in soft material.
				  Rope corners shall be padded.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.14 - Scoring

Current through June 14, 2024
A. All Contests, Matches and Exhibitions
				  shall be scored as follows:
1. In a one-Fall
				  Contest, Match or Exhibition, the Competitor winning the Fall within the time
				  limit shall be declared the winner. If no Fall occurs during the time period
				  prescribed, the Referee or Judge shall render a decision, calling either a draw
				  or awarding a decision to one of the Competitors.
2. In a two out of three Fall Contest, Match
				  or Exhibition, the Competitor to win the two Falls within the time limit
				  prescribed shall be declared the winner. If only one Fall occurs within the
				  time limit prescribed, the Competitor scoring such Fall shall be declared the
				  winner. In the event neither Competitor scores two Falls within the time limit
				  prescribed but each Competitor has scored one Fall or neither Competitor has
				  scored a Fall, the Referee or Judge shall call a draw or award a decision to
				  one of the Competitors.
3. For the
				  purposes of §
											5.14   of this Part, the term "Fall" shall mean a Competitor,
				  who for a Referee's count of three (3), has both his or her shoulders touch the
				  ring mat at the same time.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 5 - Wrestling (230-RICR-30-30-5) › Section 230-RICR-30-30-5.15 - Conflicts of Interest

Current through June 14, 2024
No employee of the Department may belong to, contract with,
					 or receive any compensation from, any Person who sanctions, arranges or
					 promotes Professional Wrestling Matches or who otherwise has a financial
					 interest in an active Professional Wrestler. For purpose of §
										5.15   of this
					 Part, the term "compensation" does not include funds held in escrow for payment
					 to another Person in connection with a Professional Wrestling Match.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.1 - Authority

Current through June 14, 2024
This Part governing Mixed Martial Arts (MMA) is adopted
					 pursuant to the authority granted in R.I. Gen. Laws Chapter 41-5.2 (the "Act"),
					 specifically including rulemaking authority under R.I. Gen. Laws §
										41-5.2-25.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.2 - Purpose

Current through June 14, 2024
A. This Part is adopted to assist the
				  Department of Business Regulation ("Department") in carrying out the
				  administration and enforcement of the terms and provisions of the Act. In the
				  development of this Part, the Department's policy purposes are:
1. To protect the health, safety and
				  well-being of the competitors;
2.
				  To protect and promote the integrity of events for the benefit of the consuming
				  public; and
3. To protect the
				  collection of the tax levied upon events by the State of Rhode Island in
				  accordance with R.I. Gen. Laws §
											41-5.2-27.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.3 - Incorporated Materials

Current through June 14, 2024
A. In addition to
				  the mandates of R.I. Gen. Laws §§
										41-5.2-8,
				  41-5.2-18, and
				  41-5.2-20, R.I. Gen. Laws §
										41-5.2-25 expressly recognizes the
				  standards, rules, regulations, handbooks, or other standards and procedures
				  governing boxing as approved by the Association of Boxing Commissions ("ABC").
				  The ABC is a nonprofit organization comprised of U.S. state and tribal
				  representatives that regulate professional MMA, with an organizational mission
				  to promote the uniformity of health and safety standards and other requirements
				  pertaining to the conduct of sports events. This Part hereby adopts and
				  incorporates by reference all of the following publications by the ABC:
1. ABC Unified Weight Classes - MMA.
https://www.abcboxing.com/unified-%20weight-classes-mma/
.
2. ABC Unified Rules of MMA "Fouls."
http://www.abcboxing.com/wp-content/uploads/2017/10/2017-Fouls-Unified-Rules-MMA.pdf
.
3. ABC and Combative Sports, Unified Rules of
				  Mixed Martial Arts.
https://www.abcboxing.com/wp-content/uploads/2019/01/abc-unified-rules-MMA-08012018.pdf
.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.6 - License Duration, Suspension and Revocation

Current through June 14, 2024
A. All
				  Event Licenses issued pursuant to this Part shall be valid until the
				  termination of the Event. All other Licenses issued pursuant to this Part shall
				  be valid until December 31 of the year the License was issued.
B. R.I. Gen. Laws §
										41-5.2-28 authorizes the Division
				  to suspend or revoke a license issued under this Part. A licensee subject to
				  such an action may request an opportunity for a hearing under §
										6.6(D)   of
				  this Part.
C. The Division official
				  in attendance at the Event shall be empowered to immediately suspend or revoke
				  any License on an emergency basis if the Division official determines that any
				  of the Licensees, including the Event Licensee, is in material non-compliance
				  with the conditions of the License, this Part, or the Act.
D. The notice for and conduct of any hearings
				  held pursuant to this Regulation or the state or federal Acts shall be governed
				  by the applicable provisions of the Acts, the Department's Rules of Procedure
				  for Administrative Hearings, Part 10-00-2 of this Title, and the Administrative
				  Procedures Act, R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.7 - Insurance

Current through June 14, 2024
A. General Liability. All Promoters shall
				  furnish to the Division within twenty-four (24) hours prior to the Event
				  satisfactory proof of commercial general liability insurance providing for at
				  least a one-million dollar ($1,000,000) limit per occurrence, at least a
				  one-million dollar ($1,000,000) limit per personal and advertising injury, and
				  at least a two-million dollar ($2,000,000) general aggregate limit.
B. Health Insurance. All Promoters shall
				  furnish to the Division within twenty-four (24) hours prior to the Event
				  satisfactory proof of health insurance for the protection of Competitors
				  participating in the Event. In accordance with R.I. Gen. Laws §
										41-5.2-6, such insurance coverage
				  shall provide for at least twenty thousand dollars ($20,000) to the Competitor
				  for medical, dental, surgical and/or hospital care for all injuries sustained
				  while participating in any sparring match, bout, contest or exhibition
				  conducted under the control of said Promoter.
C. Death Benefit. All Promoters shall furnish
				  within twenty-four (24) hours prior to the Event satisfactory proof of a death
				  benefit payment of at least fifty-thousand dollars ($50,000) to the estate of
				  the deceased Competitor if such death is occasioned by injuries received during
				  the course of sparring or during the course of a bout, contest or exhibition
				  conducted under the control of such Promoter.
D. The terms of the insurance coverage under
				  this Part must not require the Competitor to pay a deductible for the medical,
				  surgical or hospital care for injuries the Competitor sustains while engaged in
				  a contest or exhibition.
E. Failure
				  to produce proof of insurance required under this part shall be grounds for the
				  denial or revocation of a License.
F. Sunday and Holiday Events. When the
				  scheduled event takes place on a Sunday or a Holiday, proof of insurance in
				  accordance with R.I. Gen. Laws §
										41-5.2-4 must be furnished to the
				  Division within one (1) business day prior to said Event.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.8 - Bonds

Current through June 14, 2024
A. In accordance with R.I. Gen. Laws §
										41-5.2-23, no event license shall
				  be granted unless the Promoter has executed and filed with the Division a bond
				  in a penal sum of fifty-thousand dollars ($50,000), with such surety or
				  sureties as shall be satisfactory to the Division, running to the Division,
				  conditioned upon the payment to the State of Rhode Island of the sums mentioned
				  in R.I. Gen. Laws §
										41-5.2-27, and upon faithful
				  compliance by the licensee with the provisions of R.I. Gen. Laws Chapter 41-5.2
				  and with such other laws of the State as may be applicable to anything done by
				  the licensee in pursuit of the license.
B. The bond shall also provide for the
				  forfeiture to the State, recoverable at the suit of the Attorney General, of
				  such sum, not exceeding ten-thousand ($10,000), as may be stipulated in the
				  bond for each case of non-compliance.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.9 - Medical Examinations, Drug Testing and Record Keeping

Current through June 14, 2024
A. Medical Examinations Required. Pursuant to
				  the authority granted the Division in R.I. Gen. Laws §
										41-5.2-3, every application for a
				  Competitor license shall include each of the requirements listed in
				  §
										6.9(B)   of this Part.
B. Each
				  of the following tests shall be conducted by a Physician licensed within the
				  United States, or by a Physician Assistant or a Nurse Practitioner acting under
				  the supervision of a licensed Physician. The results of each test shall be
				  reported on the Division provided form bearing the examiner's name. It shall
				  bear the statement "Fighter is cleared to participate", or "Fit to Compete", or
				  "Medically Approved", if so concluded by the supervising physician, and it
				  shall contain the supervising physician's signature.
1. A comprehensive Physical Exam performed
				  within one (1) year of the Event in accordance with §
											6.5(B)(2)(g)   of this
				  Part.
2. An Ophthalmologic Eye
				  Examination including a dilated retinal exam performed within one (1) year of
				  the Event.
3. An EKG performed
				  within one (1) year of the Event and interpreted and signed by a licensed
				  Cardiologist or Physician.
a. In its
				  discretion, considering an individual fighter's recent competitive activity,
				  the Division may also require any Competitor thirty-five (35) years of age or
				  older to submit to a Stress Test with a clearance letter from a licensed
				  Cardiologist dated within one (1) year of the Event.
4. An MRI or CTScan performed within three
				  (3) years of the Event. An MRI or CTScan remains valid for three (3) years from
				  the date of the test. If the MRI or CTScan is over one (1) year old the
				  Competitor must additionally submit a complete neurological examination,
				  performed by a licensed Neurologist.
5. A negative HIV serology (AIDS blood test)
				  dated within six (6) months of the Event.
6. A negative Hepatitis "B" Surface Antigen
				  (HBV sAG) blood test dated within six (6) months of the Event. Negative Hep "B"
				  cAb, eAg are not acceptable.
a. If a
				  competitor has undergone a vaccination series for Hepatitis "B," he/she may
				  present proof of immunity via a blood test called HBV sAb. If this test is
				  positive, the fighter is considered immune to the virus and does not need to be
				  tested for the HBV sAg.
7. A negative Hepatitis "C" serology (blood
				  test) dated within six (6) months of the Event.
8. A pregnancy test for female Competitors
				  dated within seven (7) to fourteen (14) days of the Event.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.10 - Conflicts of Interest

Current through June 14, 2024
A. No employee of
				  the Division may belong to, contract with, or receive any compensation from,
				  any Person who sanctions, arranges or promotes Professional MMA Matches or who
				  otherwise has a financial interest in an active Professional MMA Fighters
				  currently registered with an MMA Registry. For purposes of this section, the
				  term "compensation" does not include funds held in escrow for the payment to
				  another Person in connection with a Professional MMA Match.
B. No licensee shall have, directly or
				  indirectly, any financial interest in a Competitor competing on premises owned
				  or leased by the licensee, or in which the licensee is otherwise interested. No
				  Competitor in an Event shall be paid for services before the services are
				  rendered, and, should it be determined by the judges and referee that a
				  Competitor did not give an honest exhibition of his or her skill, his or her
				  services shall not be remunerated.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.11 - Reporting

Current through June 14, 2024
Not later than forty-eight (48) business hours after the
					 conclusion of a Professional MMA Match, the Division shall report the results
					 of such Match and any related suspensions to each MMA
					 Registry.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.12 - Miscellaneous

Current through June 14, 2024
A. No male Competitor may participate in an
				  MMA Event against a female Competitor or vice-versa.
B. Any Person applying for a Competitor's
				  License without significant professional or amateur experience may be required
				  to show proof of proper training as a Professional MMA Fighter.
C. In addition to the Physician who shall be
				  in attendance at the Event, some ambulance and/or medical personnel with
				  appropriate resuscitation equipment shall be continuously present at ringside.
				  No match shall be allowed to commence without proper medical transportation
				  (ambulance) readily available on the spot.
D. No liquid refreshments of any kind may be
				  sold at the Event except in paper or plastic containers. Chairs must be
				  securely attached so they are not portable.
E. Closed Circuit Television. No
				  closed-circuit television shows of matches or exhibitions shall be permitted in
				  the state unless the promoter has first obtained a permit/license from the
				  Division. A promoter shall submit the application of the form provided by the
				  Division and the application shall contain information pertaining to the dates,
				  locations and cities in which the matches shall be shown.
F. Competitor Substitutions. No substitution
				  of Competitors may be made within twenty-three (23) hours of the starting time
				  for the first match in the Event. If one or more of the Competitors listed on
				  the licensee's application fails to appear for his or her examination with the
				  Division, or to enter the cage and compete, and substitution is not permitted
				  the contest or contests in which the Competitor was to appear shall be
				  cancelled and notice of the cancellation shall be made to the public at the
				  earliest practicable time.
G.
				  Officials' Compensation. The Division will publish an annual list specifying
				  the compensation to be paid to licensed referees, judges, physicians,
				  inspectors, lead inspectors, timekeepers and resuscitators for each Event
				  worked in a given year. Compensation for a championship match may be
				  established at a different rate than rates for other matches.
H. Corners. In any match there shall be not
				  more than three (3) corner persons for each Competitor.
I. Facial lacerations. The license of a
				  Competitor who suffers a laceration over or about an eye or nose during a
				  licensed match may be suspended, and the Competitor may not be eligible for
				  future licensing until a duly licensed physician certifies that the laceration
				  is properly healed and not a cause to withhold licensing.
J. No Licensee shall sell or cause to be sold
				  or issued more tickets or invitations purporting to admit to any Event more
				  persons than are admissible according to the authorized capacity of the
				  building, or part thereof actually used therefor.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.13 - Enforcement

Current through June 14, 2024
A. Complaints and Investigations. All
				  complaints regarding licensees or other persons for violations of this
				  Regulation or the Act may be investigated by the Department. The Department may
				  upon its own initiative, with or without a complaint, investigate violations of
				  this Part or the Act.
B. Hearings.
				  The notice for and conduct of any hearing held pursuant to this Part or the Act
				  shall be governed by the applicable provision of the Act, the Department's
				  Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title, and
				  the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
C. Penalties. Pursuant to the authority
				  granted the Division in R.I. Gen. Laws §
										41-5.2-28, the Division may revoke
				  or suspend a license for any violation of this Part, the Act, any other law of
				  the state, or when the licensee has, in the judgment of the division, been
				  guilty of any act or offense detrimental to the public interest.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.14 - Variances or Waivers

Current through June 14, 2024
The Division, upon its own or at the request of any
					 Licensee or of any applicant for a License, may grant variances or waivers of
					 any portion of this Part in the Division's sole discretion as it deems proper
					 or necessary depending upon the facts and individual circumstances of the
					 request.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 30 - Gaming and Athletics › Part 6 - Mixed Martial Arts › Section 230-RICR-30-30-6.15 - Severability

Current through June 14, 2024
If any provision of these regulations, or the application
					 thereof to any person or circumstance, is held to be invalid, such invalidity
					 shall not affect other provisions or application of these regulations which can
					 be given effect without the invalid provision or application, and to this end
					 the provisions are declared to be severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to the authority granted
					 in R.I. Gen. Laws §§
										5-11.1-5,
					 5-11.1-6,
					 5-11.1-7,
					 5-11.1-11,
					 5-11.1-14.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to establish standards and
					 procedures for the registration of Mobile Food Establishments, and to generally
					 assist the Department in carrying out the administration and enforcement of
					 State Mobile Food Establishment Registration Act, R.I. Gen. Laws Chapter
					 5-11.1, so that the public interest may be effectively
					 served.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.3 - Definitions

Current through June 14, 2024
A. In addition to the terms defined in R.I.
				  Gen. Laws §
										5-11.1-3, for this Part, the
				  following terms shall have the following meanings:
1. "Act" means the State Mobile Food
				  Establishment Registration Act, R.I. Gen. Laws §
											5-11.1-1
et
				  seq
.
2. "Department" means
				  the Department of Business Regulation.
3. "Director" means the Director of the
				  Department of Business Regulation or his or her designee.
4. "DMV" means the Rhode Island Division of
				  Motor Vehicles.
5. "Fire Marshal"
				  means the Rhode Island Office of the State Fire Marshal.
6. "MFE" means a Mobile Food Establishment,
				  as defined in R.I. Gen. Laws §
											5-11.1-3(5).
7. "Municipal permit" means a Mobile Food
				  Establishment Permit as defined in R.I. Gen. Laws §
											5-11.1-3.
8. "Registrant" means the holder of a State
				  Mobile Food Establishment Registration.
9. "RIDOH" means the Rhode Island Department
				  of Health.
10. "State mobile food
				  establishment registration" or "Registration" means a registration issued by
				  the Department which authorizes a mobile food establishment to operate in the
				  state.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.4 - Registration Requirement

Current through June 14, 2024
A. In accordance
				  with R.I. Gen. Laws §
										5-11.1-4, MFEs are required to
				  register with the Department.
B.
				  There will be an initial grace period for MFEs to register with the Department
				  and for municipalities to comply with the requirements of R.I. Gen. Laws
				  Chapter 5-11.1 and this Part. During this time, state registration by MFEs will
				  be optional. This grace period will end on December 31, 2019.
1. MFEs: In 2019, MFEs may renew their
				  municipal permits under the old requirements and operate under those municipal
				  permits until December 31, 2019, even after the state registration system is
				  operational with the Department. Starting on January 1, 2020, all MFEs must
				  first obtain Registration from the Department before being eligible for
				  municipal permits.
2.
				  Municipalities: Starting on July 1, 2019, municipalities must comply with the
				  maximum fees set forth in §
											1.11   of this Part and must accept a Fire Safety
				  Permit from the State Fire Marshal. Municipalities may continue to accept
				  applications under their old requirements during 2019. Starting on January 1,
				  2020, all municipalities must comply with all requirements of R.I. Gen. Laws
				  Chapter 5-11.1 and this Part, and have updated all necessary procedures,
				  applications and ordinances.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.5 - Applications for Registration

Current through June 14, 2024
A. Prior to
				  submitting a MFE application to the Department, Applicants must first obtain
				  the following, copies of which must be submitted to the Department with the
				  application for registration.
1. Mobile Food
				  Service License from RIDOH:
a. All Applicants
				  must obtain a Mobile Food Service License from the Rhode Island Department of
				  Health, Center for Food Protection, keep it current and renew it each
				  year.
b. This requirement applies
				  to out-of-state MFEs as well, even if they possess a similar permit/license
				  from another state.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.6 - Registrations

Current through June 14, 2024
A. Registration cycles beginning in calendar
				  year 2020.
1. In order to synchronize
				  registration cycles:
a. MFEs are encouraged to
				  apply for state MFE registrations from January 1 to March 31, and to renew in
				  subsequent years during the same time period.
b. All municipalities are encouraged to set
				  their licensing cycles from January 1 to March 31, consistent with state MFE
				  registration.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.7 - Out of State MFEs

Current through June 14, 2024
A. Out of state MFEs
				  must register with the Department prior to operating in Rhode Island and must
				  submit an application and fee to the Department along with all of the required
				  documentation set forth in R.I. Gen. Laws §
										5-11.1-5 and §
										1.5   of this
				  Part.
1. Each MFE operating in Rhode Island
				  must receive approval to operate from RIDOH. RIDOH will not recognize
				  out-of-state food safety permits.
2. Each MFE operating in Rhode Island must
				  receive approval to operate from the Fire Marshal. The Fire Marshal will not
				  accept out-of-state fire safety permits or compliant inspection
				  reports.
3. Provisional approval
				  may be granted at the discretion of the Department on a case by case basis if
				  proof is provided that a RIDOH Food Safety inspection and Fire Marshal
				  inspections are scheduled to occur in RI prior to operation by the
				  MFE.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.8 - Permits

Current through June 14, 2024
A. Municipal Permits
1. Each municipality must designate a contact
				  person for MFE permits. That person's name, position, phone number and email
				  address must be provided to the Department within thirty (30) days of the
				  effective date of this Part. Any change is this designation must be reported to
				  the Department within five (5) business days.
2. Each municipality must accept applications
				  for Municipal Permits by email or other electronic means.
3. After receiving a Registration from the
				  Department, each MFE must then apply for a business permit to operate in each
				  individual municipality they wish to conduct business in and, if required by
				  the municipality, pay a permit fee, as set by the municipality, of not more
				  than the maximum fee set forth in §
											1.11(B)   of this Part.
4. Municipalities must comply with R.I. Gen.
				  Laws §
											5-11.1-7 when issuing permits to
				  MFEs. However, municipalities may:
a.
				  Regulate different types of MFEs according to the length of time they stop at
				  any given location;
b. Include
				  limitations in permits related to location, hours of operation and noise;
				  and
c. Issue short-term permits for
				  events.
5. When operating
				  in each municipal jurisdiction, the applicable business permit issued by each
				  municipality must be prominently displayed where it can be seen by the
				  consumer, in close proximity to the point of service.
6. Any person or entity desiring to hold a
				  MFE event within a municipality must obtain an Event Permit/Temporary Mass
				  Gathering Permit from the municipality prior to holding the event and pay a fee
				  of not more than the maximum fee set forth in §
											1.11(B)   of this Part. Any
				  use of municipal property other than a street may also require specific
				  approval from the municipality.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.9 - Fire Safety Requirements

Current through June 14, 2024
A. MFEs are required
				  to have a compliant fire safety inspection report from the Fire Marshal to
				  operate in this state and qualify for a Registration.
B. Fire Safety inspections will be performed
				  by the Fire Marshal.
1. Annual renewal
				  inspections will only be conducted by appointment.
2. Request for an inspection must be made at
				  least seven (7) business days in advance.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.10 - Reporting Foodborne Illness to RIDOH

Current through June 14, 2024
An MFE shall immediately discontinue operations and notify
					 RIDOH if an imminent health hazard exists in accordance with §
										8-404.11   of
					 the FDA Food Code (2013).
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.11 - Fees and Charges

Current through June 14, 2024
A. MFE Registration
				  fees are payable to the "General Treasurer, State of Rhode Island" and are
				  non-refundable.
B. Fees:
Initial Registration Fee
$ 50
Renewal Registration Fee
$ 50
Maximum fee for single owner of multiple MFEs in
								  any calendar year
$ 250
Reinstatement Fee for Late Renewal
$ 75
Maximum Annual Municipal Permit Fee
$ 75
Maximum Municipal Event/Temporary Mass Gather
								  Permit Fee paid by Organizer of Event
$ 300
Certificate of Good Standing Fee
$ 25
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.12 - Enforcement Actions

Current through June 14, 2024
A. Complaints. The
				  Department shall have authority to investigate all complaints against MFEs for
				  violations of R.I. Gen. Laws Chapter 5-11.1 or this Part. In furtherance
				  thereof, the Department shall notify the MFE in writing or by email of the
				  Department's receipt of a complaint, enclosing a copy thereof. The MFE shall
				  within twenty (20) days from the date of the Department's notice, file with the
				  Department a written response to the complaint. The Department shall review the
				  response and submit a copy thereof to the complainant for further response, if
				  necessary. Upon receipt of all responses, the Department will then evaluate the
				  complaint and responses thereto and the matter will be handled in compliance
				  with the Department's applicable procedures and regulations for such matters.
				  The Department may, upon its own motion, with or without a complaint, notice a
				  hearing for the purposes of further investigating whether to sanction a
				  Registrant or other person or entity
B. All hearings and enforcement actions shall
				  be conducted in accordance with the Administrative Procedures Act, R.I. Gen.
				  Laws §
										42-35-1 et seq., and the
				  Department's Rules of Procedure for Administrative Hearings, Part 10-00-2 of
				  this Title.
C. It is sufficient
				  cause for denial, suspension or revocation of an MFE Registration if an owner,
				  controlling person, principal or employee of an MFE has been found by the
				  Department to be responsible for any act or omission that would be cause for
				  denying, suspending, or revoking a Registration.
D. The issuance, renewal, suspension, denial
				  or any other disciplinary action taken against the holder of a municipal permit
				  will be handled according to procedures set forth by each municipality and will
				  not be subject to appeal to the Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.13 - Penalties for Violations

Current through June 14, 2024
Any MFE who fails to comply with the provisions of this
					 Part or the provisions of R.I. Gen. Laws Chapter 5-11.1, may be subject to a
					 civil penalty not to exceed two thousand dollars ($2,000) for each
					 offense.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.14 - Reporting of Disciplinary Actions/Permit Suspensions

Current through June 14, 2024
A. Any Registrant whose mobile food service
				  license or fire safety permit is denied, suspended or revoked must notify the
				  Department in writing of such action within one (1) business day of the denial,
				  suspension or revocation.
B. Any
				  Registrant whose municipal mobile food establishment permit is disciplined by
				  any municipal authority in this state shall notify the Department in writing
				  and provide documentation of such discipline within three (3) business days of
				  the initiation of such disciplinary action.
C. Any Registrant whose out-of-state
				  municipal, county or state level permit/registration to operate is disciplined
				  shall notify the Department in writing and provide documentation of such
				  discipline within three (3) business days of the initiation of such
				  disciplinary action.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 35 - Mobile Food Establishments › Part 1 - State Registration of Mobile Food Establishments › Section 230-RICR-30-35-1.15 - Municipality Reporting Requirement

Current through June 14, 2024
A. Each municipality
				  issuing permits pursuant to R.I. Gen. Laws Chapter 5-11.1 and this Part shall
				  annually, on or before the first day in December, and at any other times
				  required by the Department, make a report to the Department that includes the
				  following information:
1. The number of
				  permits granted by them during the last calendar year;
2. Information on all permit holders
				  including names and addresses of the permit holders, a description of the type
				  of MFE (food truck, food cart, ice cream/lemonade truck or cart, etc.), and the
				  amount of money paid for permits;
3. A list of all fees charged for any
				  permits; and
4. Any other
				  information required by the Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 40 - Certified Constables › Part 1 - Certified Constables › Section 230-RICR-30-40-1.1 - Authority

Current through June 14, 2024
This Part is promulgated by the Department of Business
					 Regulation ("Department") in accordance with R.I. Gen. Laws §§
										9-5-10.1 through
					 9-5-10.6, Writs, Summons and
					 Process (the "Act") and R.I. Gen. Laws §
										42-14-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 40 - Certified Constables › Part 1 - Certified Constables › Section 230-RICR-30-40-1.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to describe the licensing and
					 regulation of Certified Constables as provided for in R.I. Gen. Laws §
										9-5-10.1, clarify the renewal of
					 Certified Constable licenses pursuant to R.I. Gen. Laws §
										9-5-10.4, ensure procedures for the
					 suspension, revocation or review of Certified Constables' certifications
					 pursuant to R.I. Gen. Laws §
										9-5-10.5, and outline a
					 professional code of conduct pursuant to R.I. Gen. Laws §
										9-5-10.1.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 40 - Certified Constables › Part 1 - Certified Constables › Section 230-RICR-30-40-1.3 - Scope

Current through June 14, 2024
This Regulation applies to the licensing, renewal,
					 operation, suspension, revocation, and discipline of Certified
					 Constables.