2020 -- H 7557

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LC003944

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

     RELATING TO ALCOHOLIC BEVERAGES - CLASS A LIQUOR LICENSES

     

     Introduced By: Representatives Shekarchi, Phillips, O'Brien, Millea, and Hawkins

     Date Introduced: February 12, 2020

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-5-16 of the General Laws in Chapter 3-5 entitled "Licenses

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Generally" is hereby amended to read as follows:

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     3-5-16. Maximum number of licenses.

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     (a)(1) The department of business regulation shall have the right and power to limit the

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number of licenses of each class. The limit shall not exceed the maximum number, if any, of any

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class of license that is fixed by the licensing boards within their respective towns or cities.

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     (2) The number of Class C licenses in any town or city shall not exceed one for each one

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thousand (1,000) of its inhabitants.

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     (3) Every city and town may grant in any year renewals of any license of Class A in

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operation prior to April 28, 1969, except when renewal of that license is refused for cause, but no

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further new and original licenses of Class A shall be granted until the number of licenses of Class

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A outstanding in any city or town has been reduced to less than one for each six thousand (6,000)

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of its inhabitants (one for each four thousand (4,000) of its inhabitants in any city or town with

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less than twenty thousand (20,000) inhabitants), as determined by the last census taken under the

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authority of the United States or the state, by cancellation, revocation, or the failure of holders of

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those licenses to apply for renewals. After that reduction to less than one for each six thousand

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(6,000) inhabitants (one for each four thousand (4,000) inhabitants in any town or city with less

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than twenty thousand (20,000) inhabitants), licenses of Class A may be granted in any year by

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any city or town only up to a total not exceeding one for each six thousand (6,000) of its

 

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inhabitants (one for each four thousand (4,000) of its inhabitants in any town or city with less

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than twenty thousand (20,000) inhabitants) as determined by census as required in this

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subsection. However, two (2) Class A licenses may be issued by every city or town of the state

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irrespective of population and, until the qualified electors of any city or town shall vote to the

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contrary, one Class A license may be issued in every city or town in this state unless otherwise

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ordered by the city or town council.

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     Any Class A license issued to or held by a Class E licensee pursuant to the provisions of

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ยง 3-7-5 shall be included in the total of, and subject to the limit upon the number of, Class A

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licenses which may be granted by any city or town under this section.

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     (b) The transfer of any existing license from the holder of this license to another person

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shall not be considered as the issuance of a new license under this section.

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     (c) The several cities and towns, except those cities and towns that had in effect on June

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1, 1971, a limit on the number of retailers' Class B or D licenses, shall not issue any new retailers'

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Class B or D licenses until May 1, 1972. The provisions of this section shall not apply to any

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application filed on or before May 30, 1971.

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     (d) Notwithstanding the provisions of subsection (a) of this section, irrespective of the

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population of the town of Smithfield, it is expressly authorized to issue a total of five (5) Class A

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liquor licenses.

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     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 - CLASS A LIQUOR LICENSES

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     This act would authorize the town of Smithfield to issue a total of five (5) Class A liquor

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store licenses.

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     This act would take effect upon passage.

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