2015 -- S 0284

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LC000800

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

     Introduced By: Senators P Fogarty, Doyle, Felag, McCaffrey, and Lombardi

     Date Introduced: February 11, 2015

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 3-7-19 of the General Laws in Chapter 3-7 entitled "Retail

Licenses" is hereby amended to read as follows:

     3-7-19. Objection by adjoining property owners – Proximity to schools and

churches. -- (a) (1) Retailers' Class B, C and I licenses under this chapter shall not be issued to

authorize the sale of beverages in any building where the owner of the greater part of the land

within two hundred feet (200') of any point of the building files with the body or official having

jurisdiction to grant licenses his or her objection to the granting of the license, nor in any building

within two hundred feet (200') of the premises of any public, private, or parochial school or a

place of public worship, unless a municipality authorizes that it be exempt from the provisions of

subsections (a)(1), (b), and/or (c) of this section, as provided for in subsection (a)(2), or as

otherwise authorized in this section. In the city of East Providence, retailer's Class A licenses

shall not be issued to authorize the sale of beverages in any building within five hundred feet

(500') of the premises of any public, private, or parochial school, or a place of public worship.

     (2) On and after July 1, 2015, any city or town council of a municipality shall have the

authority to exempt the municipality in its entirety from the provisions of subsections (a)(1), (b),

and (c) of this section. A city or town council shall exercise this power by passing an ordinance

providing for said exemption. Provided, nothing herein shall be construed to direct a city or town

to pursue or enact such exemption.

        (b) As used in this section, "private school" means any nonpublic institution of

elementary or secondary (K-12th Grade) education, accredited or recognized as a private school

by the department of elementary and secondary education or the school committee of the city or

town having jurisdiction over private schools.

        (c) This section shall not apply to any Class B or C license holder whose license was

issued prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an

objection to, or disapproval of, the transfer of a Class B or C license where the location of the

licensed establishment predates the location of the public, private, or parochial school, or place of

public worship.

        (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B, C, or I license intended to be located within the following

described area(s) in the city of Providence:

        (A) Beginning at a point, that point being the intersection of the southerly line of Smith

Street and the easterly taking line of Interstate Route 95;

        Thence running in a general southwesterly direction along the easterly taking line of

Interstate Route 95 to the center line of Kingsley Avenue;

        Thence turning and running northwesterly in part along the southerly line of Kingsley

Avenue to its intersection with the southerly line of Harris Avenue;

        Thence turning and running westerly along the southerly line of Harris Avenue to its

intersection with the southerly line of Atwells Avenue;

        Thence turning and running easterly along the southerly line of Atwells Avenue to the

easterly taking line of Interstate Route 95;

        Thence turning and running in a general southerly and southeasterly direction along the

easterly taking line of Interstate Route 95 to the center line of Pine Street;

        Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the northerly taking line of I-195;

        Thence turning and running northeasterly along the northerly taking line of I-195 to its

intersection with the westerly shore line of the Providence River;

        Thence turning and running northerly along the westerly shore line of the Providence

River to its intersection with the southerly line of Crawford Street;

        Thence running northwesterly across Dyer Street to the intersection of the westerly line

of Dyer Street to the southerly line of Custom House Street;

        Thence running northerly in part along the southerly line of Dyer Street and in part

along the westerly line of Market Square to its intersection with the westerly line of Canal Street;

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        Thence turning and running northerly along the westerly line of Canal Street to its

intersection with the southerly line of Smith Street;

        Thence turning and running westerly along the southerly line of Smith Street to the

point and place of beginning.

        (B) Beginning at a point, that point being the intersection of the westerly line of Brook

Street and the northerly line of Wickenden Street;

        Thence running in a general westerly direction along the northerly line of Wickenden

Street to the intersection of Wickenden Street and Benefit Street;

        Thence running in a general northerly direction along the easterly line of Benefit Street

to the intersection of Benefit Street and Sheldon Street;

        Thence turning and running in an easterly direction along the southerly line of Sheldon

Street to the intersection of Sheldon Street and Brook Street;

        Thence turning and running in a general southerly line to the intersection of Brook

Street and Wickenden Street that being the point of beginning.

        (2) Notwithstanding the provisions of this section, the board of licenses of the city of

Newport shall, after application, have authority to exempt from the provisions of this section any

proposed retailer Class B license intended to be located within the following described area in the

city of Newport:

        Beginning at a point, that point being the intersection of the southerly line of Broadway

and the easterly line of Courthouse Square;

        Thence running in a general northeasterly direction along the southerly line of

Broadway a distance of one hundred and two feet (102') to a point at the southeasterly corner of

land now or formerly owned by the Newport Historical Society;

        Thence turning and running in a southeasterly direction ninety-eight and nine-tenths

feet (98.9') along the southwesterly border of land now or formerly owned by the Newport

Historical Society;

        Thence turning and running in a southwesterly direction one hundred and twelve feet

(112') to Courthouse Street; and

        Thence turning and running in a generally northwesterly direction along Courthouse

Street for a distance of ninety feet (90') to the point and place of beginning.

        (3) Notwithstanding the provisions of this section, the board of licenses of the town of

Warren shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B, C, or I license intended to be located within any zoning district in

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.

        (4) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of

the Bristol tax assessors map as of December 31, 1999, including that portion of the public

sidewalk contiguous to said lot.

        (5) Notwithstanding the provisions of this section, the board of licenses for the city of

Newport shall, after application, have the authority to exempt from the provisions of this section

as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance

of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B

license.

        (6) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on lot 131 of tax assessors

plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer

Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed

retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

Providence tax assessors map as of December 31, 2003.

        (7) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city

of Cranston under this exemption, whether said transfer is attributable to the holder's death or

otherwise, any person desiring to become the potential transferee of said Class B license shall

comply with those restrictions as to its use (and shall refrain from those activities which result in

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13,

2003 and, in addition, those requirements applicable to anyone who desires to become a

transferee of a validly issued and outstanding Class B license designated for use in any location in

the state of Rhode Island. Neither the exemption granted herein nor any future exemption granted

hereafter shall be effective until the proposed Class B license and the underlying property owner

is certified to be current in the payment of any and all local and state taxes.

        (8) Notwithstanding the provisions of this section, the board of licenses of the city of

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 area in the city of Pawtucket:

        Beginning at the point of intersection of Dexter Street and the Central Falls line, then

east along the Central Falls line to the Blackstone River, then north along the city boundary on

the Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to

I-95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way,

then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to

the Central Falls line.

        (9) Notwithstanding the provisions of this section the town council of the town of Little

Compton, after application, is authorized to exempt from the provisions of this section relating to

places of worship any class B license limited to malt and vinous beverages intended to be located

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

2004.

        (10) Notwithstanding the provisions of this section, the board of licenses of the town of

Bristol shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax

assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.

        (11) Notwithstanding the provisions of this section the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

assessment map existing as of December 31, 2007; provided, however, said exemption shall

apply only to any renewal of any class B, C, or I license issued for use at the said premises

located on plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then

this exemption is hereby repealed in its entirety.

        (12) Notwithstanding the provisions of this section, the board of licenses of the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of

the applicable city of Providence tax assessment map.

        (13) Notwithstanding the provisions of this section, the board of licenses of the town of

Tiverton shall, after the application, have the authority to exempt from the provisions of this

section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181,

lot 1A.

        (14) Notwithstanding the provisions of this section, the board of licenses of the city of

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

732.

        (15) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat

105, lot 12 and plat 32, lot 232 of the applicable city of Providence tax assessment map.

        (16) Notwithstanding the provisions of this section the city council of the city of

Central Falls, shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 5, lot 188 of the

applicable city of Central Falls tax assessment map.

        (17) Notwithstanding the provisions of this section, the board of licenses of the town of

Portsmouth shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the

applicable town of Portsmouth tax assessment map.

        (18) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

applicable town of North Providence tax assessment map.

        (19) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the

applicable city of Cranston tax assessment map.

        (20) Notwithstanding the provisions of this section, the town council of the town of

Smithfield, after application, is authorized to exempt from the provisions of this section, any

Class B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax

assessors map as of December 31, 2012.

        (21) Notwithstanding the provisions of this section, the board of licenses of the city of

Cranston shall, after application, have the authority to exempt from the provisions of this section

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of

the applicable city of Cranston tax assessment map as of December 31, 2012.

        (22) Notwithstanding the provisions of this section, the board of licenses in the city of

Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot

211.

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        (23) Notwithstanding the provisions of this section, the board of licenses of the town of

North Providence shall, after application, have the authority to exempt from the provisions of this

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

applicable town of North Providence tax assessment map. 

     SECTION 2. This act shall take effect upon passage.

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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 provide that on and after July 1, 2015, any city or town council would

have the authority to exempt said city or town from the prohibition against the issuance of certain

alcoholic beverage licenses within two hundred (200') feet of a school or place of public worship.

     This act would take effect upon passage.

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