2019 -- S 0968

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LC002802

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

     

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: June 12, 2019

     Referred To: Senate Special Legislation and Veterans Affairs

     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.

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     (a) Retailers' Class B, C, N and I licenses, and any license provided for in ยง 3-7-16.8 of

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this chapter, shall not be issued to authorize the sale of beverages in any building where the

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owner of the greater part of the land within two hundred feet (200') of any point of the building

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files with the body or official having jurisdiction to grant licenses his or her objection to the

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granting of the license, nor in any building within two hundred feet (200') of the premises of any

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public, private, or parochial school or a place of public worship. In the city of East Providence,

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retailer's Class A licenses shall not be issued to authorize the sale of beverages in any building

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within five hundred feet (500') of the premises of any public, private, or parochial school, or a

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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 to the center line of Pine Street;

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

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intersection with the northerly taking line of I-195;

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

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intersection with the westerly shore line of the Providence River;

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

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

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

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

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

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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

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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 to

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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 southerly line of Broadway

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and the easterly line of Courthouse Square;

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

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

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formerly owned by the Newport Historical Society;

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

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

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Society;

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

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(112') to Courthouse Street; and

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     Thence turning and running in a generally northwesterly direction along Courthouse

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Street for a distance of ninety feet (90') 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, including that portion of the public

 

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sidewalk contiguous to said lot.

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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

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described 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 east

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

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

 

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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; provided, however, said exemption shall

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

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

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this exemption is hereby repealed in its entirety.

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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, plat

 

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

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

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

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

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of Central Falls tax assessment map.

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

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Portsmouth 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 37, lot 69 of the

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applicable town of Portsmouth tax assessment map.

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

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North 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 23A, lot 98 of the

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applicable town of North Providence tax assessment map.

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     (19) 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's Class B license intended to be located on Plat 11, lot 3558 of the

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applicable city of Cranston tax assessment map.

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     (20) 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

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

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assessors map as of December 31, 2012.

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     (21) 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 retailers class B license intended to be located on tax assessors plat 1, lot 2170 of

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

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     (22) 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 tax assessor's plat 43, lot

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211.

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

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North 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 22A, Lot 336, of the

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applicable town of North Providence tax assessment map.

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     (24) Notwithstanding the provisions of this section, the city council of the city of Central

 

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

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proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city

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of Central Falls tax assessment map.

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     (25) 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 at 1948-1950 Westminster

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Street on plat 35, lot 359 of the applicable city of Providence tax assessment map.

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

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

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proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

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Middletown's tax assessor's maps as of December 31, 2014.

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     (27) 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 retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the

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applicable city of Providence tax assessor's map.

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     (28) 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 BV license intended to be located at 226 and 230 Dean

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Street on plat 25, lot 44 of the applicable city of Providence tax assessment map.

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

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East Greenwich 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 at 219 Main Street on

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map/lot 085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

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

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East Greenwich 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 at 137 Main Street on

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map/lot 085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-

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003-084; 74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241

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Main Street on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street

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on map/lot 085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town

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of East Greenwich tax assessment map.

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

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Lincoln 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 tax assessor's plat 10, lot 108, of

 

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the Lincoln tax assessor's map as of December 31, 2015.

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     (32) 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 C license intended to be located at 215 Dean Street on plat

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28, lot 961 of the applicable city of Providence tax assessment map.

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     (33) 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 at 100-102 Hope Street on

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plat 16, lot 263 of the applicable city of Providence tax assessment map.

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

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Cumberland 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 at 88 Broad Street on Lots

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32, 51, and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

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     (35) 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 at 11 Lowell Avenue, 191

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Pocasset Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax

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assessor's map as of December 31, 2017.

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     (36) Notwithstanding the provisions of this section, the city council in the city of Central

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

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proposed retailer's Class B license intended to be located on Plat 1, of Lot 171 of the applicable

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city of Central Falls tax assessment map.

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     (37) 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 BV and Class BX license intended to be located at 161

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Douglas Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

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     (38) 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 retailers' Class B license intended to be located at 1007 Broad Street, Plat

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53, Lot 192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat

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53, Lot 582 of the applicable city of Providence tax assessment map.

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     (39) 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 retailers' Class B license intended to be located at 375 Smith Street, Plat 68,

 

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Lot 132 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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LC002802

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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 exempt any proposed retailers' Class B license to be located at 375 Smith

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Street, Plat 68, Lot 132 in the city of Providence from the two hundred feet (200') requirement

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from schools or places of worship.

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     This act would take effect upon passage.

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LC002802

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