2012 -- H 7768 | |
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LC01633 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES | |
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Introduced By: Representatives Carnevale, DeSimone, Hull, and Medina | |
Date Introduced: February 16, 2012 | |
Referred To: House Municipal Government | |
It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 3-7-19 of the General Laws in Chapter 3-7 entitled "Retail |
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Licenses" is hereby amended to read as follows: |
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3-7-19. Objection by adjoining property owners -- Proximity to schools and |
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churches. -- (a) Retailers' Class B, C and I licenses under this chapter shall not be issued to |
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authorize the sale of beverages in any building where the owner of the greater part of the land |
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within two hundred feet (200') of any point of the building files with the body or official having |
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jurisdiction to grant licenses his or her objection to the granting of the license, nor in any building |
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within two hundred feet (200') of the premises of any public, private, or parochial school or a |
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place of public worship. In the city of East Providence, retailer's Class A licenses shall not be |
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issued to authorize the sale of beverages in any building within five hundred feet (500') of the |
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premises of any public, private, or parochial school or a place of public worship. |
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(b) As used in this section, "private school" means any nonpublic institution of |
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elementary or secondary (K-12th Grade) education, accredited or recognized as a private school |
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by the department of elementary and secondary education or the school committee of the city or |
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town having jurisdiction over private schools. |
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(c) This section shall not apply to any Class B or C license holder whose license was |
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issued prior to January 1, 1978, nor shall this section apply to or constitute the basis of an |
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objection to or disapproval of the transfer of a Class B or C license where the location of the |
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licensed establishment predates the location of the public, private, or parochial school or place of |
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public worship. |
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(d) (1) Notwithstanding the provisions of this section, the board of licenses of the city of |
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Providence shall, after application, have the authority to exempt from the provisions of this |
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section any proposed retailer Class B, C or I license intended to be located within the following |
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described area(s) in the city of Providence: |
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(A) Beginning at a point, that point being the intersection of the southerly line of Smith |
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Street and the easterly taking line of Interstate Route 95; |
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Thence running in a general southwesterly direction along the easterly taking line of |
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Interstate Route 95 to the center line of Kingsley Avenue; |
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Thence turning and running northwesterly in part along the southerly line of Kingsley |
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Avenue to its intersection with the southerly line of Harris Avenue; |
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Thence turning and running westerly along the southerly line of Harris Avenue to its |
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intersection with the southerly line of Atwells Avenue; |
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Thence turning and running easterly along the southerly line of Atwells Avenue to the |
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easterly taking line of Interstate Route 95; |
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Thence turning and running in a general southerly and southeasterly direction along the |
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easterly taking line of Interstate Route 95 |
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Thence turning and running easterly along the northerly taking line of I-195 to its |
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intersection with the westerly taking line of South Main Street; |
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Thence turning and running northerly along the westerly line of South Main Street to its |
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intersection with the southerly line of College Street; |
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Thence running westerly on College Street to its intersection with the westerly taking line |
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of Memorial Boulevard; |
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Thence turning and running northwesterly along Memorial Boulevard to its intersection |
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with the northerly taking line of Steeple Street; |
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Thence turning and running northeasterly along Steeple Street to its intersection with the |
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westerly taking line of Canal Street; |
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Thence turning and running northerly along the westerly line of Canal Street to its |
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intersection with the southerly line of Smith Street; |
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Thence turning and running westerly along the southerly line of Smith Street to the point |
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and place of beginning. |
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(B) Beginning at a point, that point being the intersection of the westerly line of Brook |
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Street and the northerly line of Wickenden Street; |
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Thence running in a general westerly direction along the northerly line of Wickenden |
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Street to the intersection of Wickenden Street and Benefit Street; |
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Thence running in a general northerly direction along the easterly line of Benefit Street |
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to the intersection of Benefit Street and Sheldon Street; |
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Thence turning and running in an easterly direction along the southerly line of Sheldon |
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Street to the intersection of Sheldon Street and Brook Street; |
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Thence turning and running in a general southerly line to the intersection of Brook Street |
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and Wickenden Street that being the point of beginning. |
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(2) Notwithstanding the provisions of this section, the board of licenses of the city of |
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Newport shall, after application, have authority to exempt from the provisions of this section any |
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proposed retailer Class B license intended to be located within the following described area in the |
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city of Newport: |
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Beginning at a point, that point being the intersection of the northerly line of Touro |
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Street and the easterly line of Spring Street; |
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Thence running in a general easterly direction along the northerly line of Touro Street |
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distance of sixty-two and one-tenth feet (62.1'); |
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Thence turning and running northerly to the southerly line of Barney Street a distance of |
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one-hundred four and two-tenths feet (104.2'); |
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Thence turning and running westerly along the southerly line of Barney Street a distance |
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of sixteen and five-tenths feet (16.5'); |
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Thence turning and running southerly a distance of twenty-nine feet (29'); |
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Thence turning and running southwesterly to the easterly line of Spring Street, a distance |
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of sixty-four feet (64'); |
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Thence turning and running southerly along the easterly line of Spring Street a distance |
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of fifty-six and eight-tenths feet (56.8') to the point and place of beginning. |
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(3) Notwithstanding the provisions of this section, the board of licenses of the town of |
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Warren shall, after application, have the authority to exempt from the provisions of this section |
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any proposed retailer Class B, C or I license intended to be located within any zoning district in |
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the town of Warren which is designated as a limited business district or as a general business |
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district pursuant to the zoning ordinance of the town of Warren. |
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(4) Notwithstanding the provisions of this section, the board of licenses of the town of |
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Bristol shall, after application, have the authority to exempt from the provisions of this section |
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any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of |
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the Bristol tax assessors map as of December 31, 1999. |
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(5) Notwithstanding the provisions of this section, the board of licenses for the city of |
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Newport shall, after application, have the authority to exempt from the provisions of this section |
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as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance |
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of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B |
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license. |
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(6) Notwithstanding the provisions of this section, the board of licenses of the city of |
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Providence shall, after application, have the authority to exempt from the provisions of this |
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section any proposed retailer Class B license intended to be located on lot 131 of tax assessors |
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plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer |
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Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed |
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retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the |
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Providence tax assessors map as of December 31, 2003. |
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(7) Notwithstanding the provisions of this section, the board of licenses of the city of |
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Cranston shall, after application, have the authority to exempt from the provisions of this section |
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any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat |
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9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31, |
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2002; provided, however, as to the subsequent transfer of said Class B license issued by the city |
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of Cranston under this exemption, whether said transfer is attributable to the holder's death or |
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otherwise, any person desiring to become the potential transferee of said Class B license shall |
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comply with those restrictions as to its use (and shall refrain from those activities which result in |
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its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, |
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2003 and, in addition, those requirements applicable to anyone who desires to become a |
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transferee of a validly issued and outstanding Class B license designated for use in any location in |
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the State of Rhode Island. Neither the exemption granted herein nor any future exemption granted |
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hereafter shall be effective until the proposed Class B license and the underlying property owner |
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is certified to be current in the payment of any and all local and state taxes. |
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(8) Notwithstanding the provisions of this section, the board of licenses of the city of |
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Pawtucket shall, after application, have the authority to exempt from the provisions of this section |
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any proposed retailer Class B, C or I license intended to be located within the following described |
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area in the city of Pawtucket: |
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Beginning at the point of intersection of Dexter Street and the Central Falls line, then |
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east along the Central Falls line to the Blackstone River, then north along the city boundary on |
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the Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to |
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I-95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, |
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then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to |
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the Central Falls line. |
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(9) Notwithstanding the provisions of this section the town council of the town of Little |
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Compton, after application, is authorized to exempt from the provisions of this section relating to |
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places of worship any class B license limited to malt and vinous beverages intended to be located |
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on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31, |
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2004. |
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(10) Notwithstanding the provisions of this section, the board of licenses of the town of |
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Bristol shall, after application, have the authority to exempt from the provisions of this section |
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any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax |
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assessors plat 10 of the Bristol tax assessors map as of December 31, 2007. |
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(11) Notwithstanding the provisions of this section the town council of the town of |
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Smithfield, after application, is authorized to exempt from the provisions of this section, any class |
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B, C or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax |
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assessment map existing as of December 31, 2007. |
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(12) Notwithstanding the provisions of this section, the board of licenses of the city of |
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Providence shall, after application, have the authority to exempt from the provisions of this |
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section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of |
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the applicable city of Providence tax assessment map. |
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(13) Notwithstanding the provisions of this section, the board of licenses of the town of |
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Tiverton shall, after the application, have the authority to exempt from the provisions of this |
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section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181, |
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lot 1A. |
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(14) Notwithstanding the provisions of this section, the board of licenses of the city of |
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Providence shall, after application, have the authority to exempt from the provisions of this |
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section any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot |
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732. |
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(15) Notwithstanding the provisions of this section, the board of licenses in the city of |
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Providence shall, after application, have the authority to exempt from the provisions of this |
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section any proposed retailer's Class B license intended to be located on plat 105, lot 489 and plat |
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105, lot 12 of the applicable city of Providence tax assessment map. |
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SECTION 2. This act shall take effect upon passage. |
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LC01633 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES | |
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This act would revise the legal description of one of the areas exempted from the |
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operation of this section to conform to the current boundaries of that area. |
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This act would take effect upon passage. |
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LC01633 | |
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