Chapter 357
2009 -- H 6103
Enacted 11/13/09
A N A C T
RELATING TO
ALCOHOLIC BEVERAGES -- RETAIL LICENSES
Introduced By: Representatives Williams, McNamara, Carnevale, A Rice, and Kilmartin
Date Introduced: April 21, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 3-7-7 of the General Laws in Chapter 3-7
entitled "Retail Licenses"
is hereby amended to read as follows:
3-7-7.
Class B license. -- (a) (1) A
retailer's Class B license is issued only to a licensed
bona fide tavern keeper or victualer
whose tavern or victualing house may be open for
business
and regularly patronized at least from nine o'clock
(9:00) a.m. to seven o'clock (7:00) p.m.
provided no beverage is sold or served after one o'clock
(1:00) a.m., nor before six o'clock (6:00)
a.m. Local licensing boards may fix an earlier closing
time within their jurisdiction, at their
discretion. The
licenses which may not be transferred, but which shall revert
to the town of
renewed by the holder. The
Class B licenses which may not be transferred to
another person or entity, or to another location,
but which shall revert to the town of
The
which may not be transferred to another person or entity,
or to another location, but which shall
revert to the city of
Class B license holders whose licenses were issued by
the
transfer.
(2) The license
authorizes the holder to keep for sale and sell beverages including beer in
cans, at retail at the place described and to deliver them
for consumption on the premises or place
where sold, but only at tables or a lunch bar where food is
served. It also authorizes the charging
of a cover, minimum, or door charge. The amount of the
cover, or minimum, or door charge is
posted at the entrance of the establishments in a prominent
place.
(3) Holders of licenses
are not permitted to hold dances within the licensed premises,
unless proper permits have been properly obtained from the
local licensing authorities.
(4) Any holder of a
Class B license may, upon the approval of the local licensing board
and for the additional payment of two hundred dollars
($200) to five hundred dollars ($500), open
for business at twelve o'clock (12:00) p.m. and on
Fridays and Saturdays and the night before
legal state holidays may close at two o'clock (2:00) a.m.
All requests for a two o'clock (2:00) a.m.
license shall be advertised by the local licensing board in a
newspaper having a circulation in the
county where the establishment applying for the license is
located.
(5) A holder of a
retailer's Class B license is allowed to erect signs advertising his or her
business and products sold on the premises, including neon
signs, and is allowed to light those
signs during all lawful business hours, including Sundays
and holidays.
(b) The annual license
fee for a tavern keeper shall be four hundred dollars ($400) to two
thousand dollars ($2,000), and for a victualer
the license fee shall be four hundred dollars ($400)
to two thousand dollars ($2,000). In towns with a
population of less than two thousand five
hundred (2,500) inhabitants, as determined by the last census
taken under the authority of the
town council, but shall in no case be less than three
hundred dollars ($300) annually. If the
applicant requests it in his or her application, any retailer's
Class B license may be issued limiting
the sale of beverages on the licensed premises to malt
and vinous beverages containing not more
than twenty percent (20%) alcohol by volume, and the fee
for that limited Class B license shall be
two hundred dollars ($200) to one thousand five hundred
dollars ($1,500) annually. The fee for
any Class B license shall in each case be prorated to the
year ending December 1 in every
calendar year.
(1) Upon the approval
and designation of a district or districts within its city or town by
the local licensing board, the local licensing board may
issue to any holder of a Class B license or
a Class ED license, an extended hours permit to extend
closing hours on Thursdays, Fridays and
Saturdays, the night before a legal state holiday or
such other days as determined by the local
board, for one hour past such license holder’s legal
closing time as established by the license
holder’s license or licenses including, but not limited to,
those issued pursuant to subdivision (4)
hereof. The extended hours permit shall not permit the sale
of alcohol during the extended one-
hour period and shall prohibit the admittance of new patrons
in the establishment during the
extended one-hour period. The designation of such district(s)
shall be for a duration of not less
than six (6) months. Prior to designating any such
district, the local licensing authority shall hold
a hearing on the proposed designation. The proposed
designation shall include the boundaries of
the proposed district, the applicable days for the
extended hours, and the duration of the
designation and the conditions imposed. The proposed designation
shall be advertised at least
once per week for three (3) weeks prior to the hearing in
a newspaper in general circulation in the
city or town. The city or town will establish an
application process for an extended hours permit
for such license holder and may adopt rules and
regulations to administer the permit.
SECTION 2. This act shall take effect upon passage.
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LC02166
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