Chapter 128

2005 -- S 81 SUBSTITUTE A AS AMENDED

Enacted 07/01/05

 

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - SUNDAY BUSINESS

     

     

     Introduced By: Senators Badeau, Cote, Ciccone, Bates, and McBurney

    Date Introduced: January 18, 2005

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. The title of Chapter 5-23 of the General Laws entitled "Sunday Business" is

hereby amended to read as follows:

CHAPTER 23

SUNDAY HOLIDAY BUSINESS

 

     SECTION 2. Sections 5-23-1, 5-23-2 and 5-23-3 and 5-23-6 of the General Laws in Chapter

5-23 entitled "Sunday Business" are hereby amended to read as follows:

 

     5-23-1. Definitions. -- (a) "Holiday", whenever used in this chapter includes: New

Year's Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran's

Day, Thanksgiving Day (but only in those years that the governor by public proclamation

designates it as a legal holiday), and Christmas, or on any day which any enumerated holiday is

officially celebrated .

      (b) "Retail establishment", whenever used in this chapter, includes any business making

sales at retail in this state, but this definition does not include victualing houses principally

serving prepared food for consumption on and off the premises, including those houses licensed

under chapter 24 of this title.

      (c) "Town council", whenever used in this chapter, includes "city council" except in the

city of Providence where it means "bureau of licenses" and any duly constituted licensing

authority existing in any other city or town.

 

     5-23-2. Licenses for Sunday and holiday business. -- Licenses for holiday business. --

(a) A retail establishment may be open on any day of the year except as specifically prohibited

herein. A retail establishment shall not be open on a holiday unless licensed by the appropriate

town council pursuant to this section. The city or town council of any city or town shall grant

holiday licenses for the sale by retail establishments. at any places in that town or city designated

in those licenses, on the first day of the week, Sunday, and on holidays enumerated in section 5-

23-1. No license shall be issued on December 25 of any year or on Thanksgiving Day, except to:

      (1) Pharmacies licensed under chapter 19.1 of this title; provided, however, that no drug

(as defined in section 5-19.1-2) or controlled substance (as defined in section 5-19.1-2) requiring

a prescription (as defined in section 5-19.1-2) shall be dispensed or sold unless a licensed

pharmacist-in-charge (as defined in section 5-19.1-2) is available on the premises;

      (2) Retail establishments which principally sell food products as defined in section 44-

18-30(9) and which employ fewer than six (6) employees per shift at any one location;

      (3) Retail establishments principally engaged in the sale of cut flowers, floral products,

plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories;

      (4) Retail establishments principally engaged in the sale and/or rental of video cassette

tapes; and

      (5) Retail establishments principally engaged in the preparation and/or sale of bakery

products.

      (b) Retail establishments licensed pursuant to this section may be permitted to open for

business on Sundays between the hours of 12:00 noon and 6:00 P.M., except that pharmacies

licensed under chapter 19.1 of this title and retail establishments which principally sell food

products as defined in section 44-18-30(9), and retail establishments engaged in the sale of pools

and pool supplies for the period beginning on March 1st and ending on November 30, may be

open during their normal working hours. Retail establishments licensed pursuant to this section

may be permitted to open for business during holidays on their normal business working hours.

The city of Newport and the towns of Westerly, Cumberland and Glocester each may, by

ordinance, authorize the retail establishments within their respective jurisdictions, which are

licensed pursuant to this section, to remain open for business on Sundays between the hours of

9:00 A.M. and 10:00 P.M. or any portion of those hours.

      (c) The town of New Shoreham may, by ordinance, authorize the retail establishments

within its jurisdiction which are licensed pursuant to this section to remain open for business on

Sundays between the hours set by the ordinance.

      (d)(c) Retail establishments licensed pursuant to this section shall be exempt from the

provisions of chapter 1 of title 25, entitled "Holidays and Days of Special Observance", and those

establishments may sell any and all items sold in the ordinary course of business with the

exception of alcoholic beverages.

      (e) All retail establishments may sell any and all items sold in the ordinary course of

business with the exception of alcoholic beverages after obtaining a license on those Sundays

between Thanksgiving day and Christmas between the hours of 10:00 A.M. and 7:00 P.M.

      (f) Retail establishments engaged in the sale of cut flowers, floral products, plants,

shrubs, trees, fertilizer, seeds, bulbs and gardening accessories, metal goods, locks, tools, and

cutlery including any concession operated by or on the premises of a larger establishment, shall

be licensed, prior to the sale of those products, in accordance with this section; provided, that the

hours of operation on Sundays or holidays shall be between the hours of 9:00 A.M. and 6:00 P.M.

      (g) Retail establishments engaged primarily in the sale and/or rental of video cassette

tapes shall be licensed in accordance with this section; provided, that the hours of operation on

Sundays and holidays may be between the hours of 10:00 A.M. and 10:00 P.M.

      (h)(d) All employees engaged in work during Sundays or holidays pursuant to the

provisions of this section shall receive from their employer no less than time and a half for the

work so performed and shall be guaranteed at least a minimum of four (4) hours employment;

except those employees referred to in section 28-12-4.3(a)(4), provided that the work performed

by the employee is strictly voluntary and refusal to work for any retail establishment on a Sunday

or holiday is not a ground for discrimination, dismissal, or discharge or any other penalty upon

the employee. The city or town council may fix and cause to be paid into the city or town treasury

for each license issued pursuant to this section a fee not to exceed the sum of one hundred dollars

($100) and may fix the time or times when the license granted terminates; provided, that the city

or town council shall not charge a licensing fee to any charitable, benevolent, educational,

philanthropic, humane, patriotic, social service, civic, fraternal, police, fire, labor, or religious

organization which is not operated for profit.

      (i)(e) Retail establishments engaged principally in the preparation and/or sale of bakery

products and pharmacies shall be licensed prior to the sale of those products in accordance with

this section; provided, that the time and one half and voluntary work provisions do not apply.

      (j)(f) Each city or town council shall fix, limit and specify those rules, regulations, and

conditions relating to the granting, holding and exercising those licenses as it deems necessary or

advisable and as are not inconsistent with law, and may suspend or revoke any license granted by

it for more than two (2) violations of those rules, regulations, and conditions, during a calendar

year.

      (k) Retail establishments engaged in the sale of bait and recreational fishing products

shall be licensed prior to the sale of those products in accordance with this section; provided, that

the hours of operation on Sundays and holidays shall be between the hours of 5:00 A.M. and 8:00

P.M. or any portion of those hours.

      (l)(g) Each city or town shall grant Class A licenses authorizing retail establishments

which sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell

on Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3 of

the general laws, provided that it shall not permit such sale prior to the hour of twelve noon

(12:00 p.m.) or on Christmas day, if Christmas shall occur on a Sunday; provided further, that no

employee shall be required to work and refusal to work on a Sunday shall not be the grounds for

discrimination, dismissal, discharge, deduction of hours, or any other penalty.

      (m) Retail establishments engaged in the sale of furniture shall be licensed prior to the

sale of those products in accordance with this section; provided that the hours of operation on

Sundays and holidays shall be between the hours of 11:00 A.M. and 6:00 P.M. or any portion of

those hours.

 

     5-23-3. Works of necessity for which license not required. -- A license is not required

for the sale upon the first day of the week, Sunday, or on any of the following nine (9) other legal

holidays, to wit: New Year's Day, Memorial Day, Fourth of July, Victory Day, Labor Day,

Columbus Day, Veterans Day, Thanksgiving Day (but only in the years that the governor by

public proclamation designates that day as a legal holiday) and Christmas Day, a holiday of

gasoline, oil, grease, automotive parts, automotive servicing, or automotive accessories, or for the

conducting on that day by any farmers' cooperative association of a wholesale auction market of

fruit, vegetables, and farm products, all of which are declared to be works of necessity.

 

         SECTION 3. This act shall take effect upon passage.     

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LC00630/SUB A

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