Chapter 265

Chapter 265

2003 -- H 6421 SUBSTITUTE A

Enacted 07/17/03

 

 

AN ACT

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

          

     Introduced By: Representatives Handy, Jacquard, and Lima

     Date Introduced: May 06, 2003

 

 

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 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. 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, "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 in the city of Providence:

      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;

      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.

      (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 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 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

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.

      (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.

     (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 assessorís plat

9, and/or on lot 152 of tax assessorís plat 9, of the Cranston tax assessorís 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 holderís 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.

     SECTION 2. This act shall take effect upon passage.     

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LC03176/SUB A/3

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