CHAPTER 122
2002-S 2772A am
Enacted 06/14/2002


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RELATING TO ALCOHOLIC BEVERAGES --
OBJECTION BY ADJOINING PROPERTY OWNERS
IN THE CITY OF NEWPORT

 

Introduced By: Senators Paiva-Weed, and J Cicilline

 

Date Introduced: February 07, 2002

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) 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 their 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. 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.

(b) As used in this section the term "private school" means any nonpublic institution of elementary or secondary (K-12th Grade) education, accredited or recognized as a private school by the state department of education or the school committee of the city or town having jurisdiction over these 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.

(d) (1) Notwithstanding the foregoing provisions, 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 in the city of Providence:

Beginning at a point, said 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 said Dyer Street to the southerly line of Custom House Street;

Thence running northerly in part along said 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;

Thence turning and running northerly along said westerly line of Canal Street to its intersection with the southerly line of Smith Street;

Thence turning and running westerly along said southerly line of Smith Street to the point and place of beginning.

(2) Notwithstanding the foregoing provisions, 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, said point being the intersection of the northerly line of Touro Street and the easterly line of Spring Street;

Thence running in a general easterly direction along the northerly line of Touro Street distance of sixty-two and one-tenth feet (62.1');

Thence turning and running northerly to the southerly line of Barney Street a distance of one-hundred four and two-tenths feet (104.2');

Thence turning and running westerly along the southerly line of Barney Street a distance of sixteen and five-tenths feet (16.5');

Thence turning and running southerly a distance of twenty-nine feet (29');

Thence turning and running southwesterly to the easterly line of Spring Street, a distance of sixty-four feet (64');

Thence turning and running southerly along the easterly line of Spring Street a distance of fifty-six and eight-tenths feet (56.8') to the point and place of beginning.

(3) Notwithstanding the foregoing provisions, 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 district pursuant to the zoning ordinance of the town of Warren.

(4) Notwithstanding the foregoing provisions, 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.

(5) Notwithstanding the foregoing provisions, 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 café 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.

SECTION 2. This act shall take effect upon passage.


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