TITLE 3
Alcoholic Beverages

CHAPTER 3-7
Retail Licenses

SECTION 3-7-16.6


§ 3-7-16.6 Class N nightclub license.

(a) Notwithstanding any provision of this title to the contrary, any town or city council, by ordinance, may authorize the licensing authorities designated as having the right, power, and jurisdiction to issue licenses under this title pursuant to § 3-5-15 to designate and issue a special class of Class N nightclub licenses within its jurisdiction. In the city of Providence, 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. 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.

(b) A Class N license, when so authorized, shall be required by each establishment within the jurisdiction that:

(1) Has, as its primary source of revenue, the sale of alcoholic beverages and/or cover charges;

(2) Holds a Class B or Class ED license, except in the city of Providence;

(3) Has a fire department occupancy permit of no less than two hundred (200) persons and no greater than ten thousand (10,000) persons; or any establishment with a fire department occupancy permit of less than two hundred (200) persons that holds an entertainment license.

(c) Any establishment with a Class N license that admits patrons under twenty-one (21) years of age on the premises of the establishment when alcoholic beverages are being sold, served, or permitted on the premises shall, during the time the patrons are permitted on the premises:

(1) Require one form of identification. The identification shall contain the bearer's photograph, and must be one of the following: state driver's license, US military identification, state-issued identification card, or passport, from every person claiming to be twenty-one (21) years of age or older;

(2) Identify patrons over twenty-one (21) years of age, with both an identifiable hand stamp and a bracelet, and shall require every patron to show both hand stamp and bracelet before purchasing an alcoholic beverage;

(3) Sell not more than one alcoholic beverage to an eligible patron in a single transaction, and shall prohibit a patron from carrying more than one alcoholic beverage from a bar or drink-dispensing location;

(4) Not permit any patron who leaves the premises to be readmitted prior to closing without payment of the same admission or cover charge required of patrons entering the premises initially.

(d) The licensing authority of each town or city shall set the closing time for each establishment holding a Class N nightclub license within its jurisdiction pursuant to § 3-7-7(a)(1) and (a)(4), and notwithstanding other provisions of those subdivisions, an establishment holding a Class N nightclub license that is permitted to remain open until two o'clock (2:00) a.m. shall not admit patrons after one o'clock (1:00) a.m.

(e) The licensing authority of each town or city will establish the cost and duration of all Class N nightclub licenses issued by that authority.

(f) Notwithstanding the provisions of § 3-5-17, no licensing authority may issue a Class N nightclub license unless the following notice requirements have been met:

(1) Any establishment applying for a Class N nightclub license, or the renewal of that license, or that is the subject of a hearing relating to its Class N nightclub license, must provide the general public with notice of its application by posting a twenty-four-inch (24) by thirty-six-inch (36) notice on its premises, in a manner clearly visible to the general public, at least thirty (30) days prior to the hearing date before the licensing authority for the license, and at least thirty (30) days prior to hearings related to the license on appeal to the director. If any hearing is scheduled to occur in less than thirty (30) days, the applicant or Class N nightclub license holder must post this notice within three (3) business days after its receipt of notification of that hearing from the licensing authority or the director.

(2) The notice shall contain the name of the applicant and a description by street and number or other plain designation of the particular location for which the Class N nightclub license is requested. The notice shall state that remonstrants are entitled to be heard at the hearing on the Class N nightclub license and shall provide the time and place of that hearing.

(g) Any establishment that holds a Class N nightclub license must:

(1) Comply with local ordinances governing noise levels;

(2) Cooperate with law-enforcement officials;

(3) Provide private security for the safety of patrons, both inside and outside the establishment, which private security must be certified by TIPS or a similar agency approved by the licensing authority; and

(4) Collect trash generated by the establishment every night that the establishment is open, in an area surrounding the premises that is reasonable and prudent, given the size of the establishment.

(h) The licensing authority of each town or city will develop requirements for police details for the purposes of public safety and traffic control in and around the premise of each establishment holding a Class N nightclub license.

(i)(1) The licensing authority that has issued a license under this section may ban the admittance of persons under the age of twenty-one (21) on the licensee's premise:

(i) On certain nights; or

(ii) At certain times; or

(iii) At all times.

(2) Provided, however, any ban under this subsection herein shall be supported by a finding that:

(i) The licensee has failed to implement measures designed to prevent underage drinking; and

(ii) The licensee has multiple violations of the provisions of one or more of the following sections: 3-8-1, 3-8-4 and/or 3-8-10.

(j) Upon the approval and designation of a district or districts by the board of licenses of the city of Providence, the board of licenses of the city of Providence may issue to any holder of a Class N 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 board of licenses of the city of Providence, 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 subsection (d). 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 shall be for a duration of not less than six (6) months. Prior to designating any such district, the board of licenses of the city of Providence 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 of Providence. The city of Providence shall establish an application process for an extended-hours permit for such license holder and may adopt rules and regulations to administer the permit.

History of Section.
(P.L. 2002, ch. 106, § 1; P.L. 2002, ch. 148, § 1; P.L. 2003, ch. 435, § 1; P.L. 2011, ch. 200, § 2; P.L. 2011, ch. 309, § 2; P.L. 2016, ch. 384, § 2; P.L. 2016, ch. 402, § 2.)