It is enacted by the General Assembly as follows:
SECTION 1. Section 5-23-2 of the General Laws in Chapter 5-23 entitled "Sunday Business" is hereby amended to read as follows:
5-23-2. Licenses for Sunday and holiday business. -- (a) The town council of any town shall grant 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, commonly called Sunday, and on holidays enumerated in section 5-23-1. However, no license shall be issued on December 25 of any year or on that holiday known as Thanksgiving day, except to:
(1) pharmacies licensed under chapter 19 of title 5;
(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 of this title and retail establishments which principally sell food products as defined in section 44-18-30(9) 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 thereof.
(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 of 7:00 A.M. and 9:00 P.M. or any portion thereof.
(d) Retail establishments licensed pursuant to this section shall be exempt from the provisions of chapter 40 of title 11, entitled "Sunday Laws", and 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, including any concession operated by or on the premises of a larger establishment, shall be licensed, prior to the sale thereof, in accordance with this section, provided, however, 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, however, 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) 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 so performed by the employee shall be strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday shall not be a ground for discrimination, dismissal, or discharge or any other penalty upon the employee. The town council may fix and cause to be paid into the 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 shall terminate; provided however, that the 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) Retail establishments engaged principally in the preparation and/or sale of bakery products and pharmacies shall be licensed prior to the sale thereof in accordance with this section, provided, however, that the time and one half and voluntary work provisions shall not apply.
{ADD (j) Retail establishments engaged in the sale of bait and recreational fishing products shall be licensed prior to the sale thereof in accordance with this section, provided, however, 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 thereof. ADD}
SECTION 2. This act shall take effect upon passage.
