2021 -- H 6119 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO TOWNS AND CITIES -- SMALL BUSINESSES--ZONING ORDINANCES

     

     Introduced By: Representatives McEntee, Costantino, Caldwell, Cortvriend, Phillips,
Carson, Cassar, Giraldo, Casimiro, and Slater

     Date Introduced: March 11, 2021

     Referred To: House Small Business

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby

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amended by adding thereto the following section:

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     45-24-46.5. Special provisions -- Emergency declaration modifications.

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     (a) A moratorium is hereby imposed on the enforcement of any municipal ordinance or

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zoning regulation that would penalize any food business or food service establishment, as defined

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in § 21-27-1, or bar as defined in § 23-20.10-2, that has made alterations or modifications to its

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business in order to comply with any directives, executive orders or restrictions issued by the

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governor, principal executive officer of a political subdivision or the director of the department of

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health based upon an emergency declaration issued pursuant to §§ 30-15-9 or 30-15-13.

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     (b) The moratorium imposed pursuant to this section shall continue throughout the

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emergency declaration and shall remain effective for a period of six (6) months after the emergency

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declaration has been rescinded or until January 1, 2022, whichever occurs first. During this period,

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all approved nonconforming uses adopted to comply with the emergency declaration shall be

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permitted to continue.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- SMALL BUSINESSES--ZONING ORDINANCES

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     This act would impose a moratorium on the enforcement of any municipal ordinance or

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zoning requirement that would penalize owners of food service establishments and bars for any

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modifications or alternations to their premises in response to an emergency declaration by the

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governor or local municipal officials. The moratorium shall be effective during the period of

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emergency and for six (6) months after the emergency declaration is rescinded or until January 1,

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2022, whichever occurs first.

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     This act would take effect upon passage.

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