[HISTORY: Adopted by the Town Council of the Town of Lincoln as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 101.
License fees — See Ch. 117.
Licenses and business regulations — See Ch. 161.
Parks and recreation — See Ch. 183.
STATE LAW REFERENCES
Number of licenses — See R.I.G.L. § 3-5-16.
Retail licenses — See R.I.G.L. § 3-7-1 et seq.
[Adopted 11-20-1979 (Ch. 13, Art. I, § 13-4, of the 1990 Code of Ordinances)]
No beer, wine or any other alcoholic beverage shall be consumed in any motor vehicle, or on any Town street or sidewalk, or within any park, playground, recreational area, shopping area, parking lot or any other public place.
The Town Council, acting as the Board of Licenses, may grant special permits to allow the consumption of alcoholic beverages in otherwise prohibited areas, provided that such permit is specific as to time, place and duration. The provisions of § 70-1 shall not apply when a permit has been granted.
The penalty for violation of this article shall be in accordance with Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Town of Lincoln.
[Added 5-15-2007 by Ord. No. 07-04]
It shall be unlawful for any person to consume alcoholic beverages from any type of a container while on or within the premises of a restaurant, victualling house, or any establishment engaged in the business of preparing food for consumption either on the premises or for takeout that has not been issued a valid liquor license by the Board of License Commissioners of the Town of Lincoln.
[Adopted 11-20-2007 by Ord. No. 07-16]
Pursuant to § 3-7-11 of the Rhode Island General Laws (as amended), the following is herewith adopted.
A. 
Authorization for issuance of licenses.
(1) 
Any and all alcoholic beverage licenses, so-called "liquor licenses," authorized by the General Laws of the State of Rhode Island and Providence Plantations, as amended, and granted by the Town of Lincoln, shall be issued, governed, controlled and regulated by the Town Council, in its capacity as the Board of Licenses (hereinafter referred to as the "Board"), in accordance with the following rules, regulations, policies and procedures.
(2) 
These rules, regulations, policies, and procedures are deemed to be in conjunction with and in addition to the Rhode Island General Laws and the rules and regulations promulgated by the Rhode Island Department of Business Regulation, Liquor Enforcement and Compliance.
B. 
Issuance and revocation. The Board shall have the authority to approve, issue, renew, transfer, suspend or revoke any and all alcoholic beverage licenses under its control within the Town and may also from time to time reduce or increase the number of classes of licenses in each category as shall be authorized and empowered by state law.
[Amended 4-10-2012 by Ord. No. 2012-4; 10-21-2014 by Ord. No. 2014-16; 5-15-2018 by Ord. No. 2018-2]
A. 
The Town of Lincoln, through its Licensing Board, is authorized to issue the following classes of liquor licenses: all Class A, BV, BVL, B-C, C, D Limited and D Full, and B-H, and BT, F and F-1 licenses. The maximum number of alcoholic beverage licenses which may at any time be issued and outstanding within the Town is hereby fixed as follows:
[Amended 10-16-2018 by Ord. No. 2018-6; 6-16-2020 by Ord. No. 2020-3; 4-17-2023 by Ord. No. 2023-2]
Class of License
Maximum Number
BV
25
BVL (Limited)
6
C (nonprofit only)
2
C (within a casino gaming and entertainment facility, including hotel)
2
D (Limited and Full)
3
F
As applied for
BH
1
BT
2
B-C
1
B. 
The issuance of a class B-C license is subject to the following conditions:
(1) 
The licensee is a licensed gaming and entertainment establishment that is authorized to operate 24 hours a day.
(2) 
The licensee provides a twenty-four-hour security plan to the Chief of Police for the Town of Lincoln, updated as needed on a quarterly basis.
(3) 
The security plan set forth in Subsection B(2) above shall provide for a sufficient detail of Lincoln Police Officers to the licensee's property on the nights for which extended hours are granted.
(4) 
A liquor license issued to the casino gaming and entertainment facility hereunder shall allow the operator/licensee to serve in the hotel facet of the casino gaming and entertainment facility in accord with the hours of the license issued hereunder and also, in accord with the hours as if the license was also issued pursuant to Rhode Island law regarding a Class B-H license. This condition Number 4 does not preclude a potential Class C licensee maintaining a licensed premises within the hotel facet of the casino gaming and entertainment facility, if approved.
C. 
The issuance of a Class C license within a casino gaming and entertainment facility, including the hotel, is subject to the following conditions:
(1) 
The operator of the casino gaming and entertainment facility, including the hotel, has to submit a security plan per Subsection B(2), above, which incorporates the Class C licensed premises.
A. 
The Board shall have the authority to impose reasonable restrictions upon a license, whether newly issued, renewed, transferred or relocated, provided that the restrictions are designed to promote the reasonable control of alcoholic beverages.
B. 
After a hearing, the Licensing Board may impose such other or further conditions upon a license holder or transferee which may be necessary to promote the reasonable control of alcoholic beverages within the Town of Lincoln or to protect the health, safety and welfare of the inhabitants of the community.
C. 
General rules. The Licensing Board of the Town of Lincoln, in order to promote the reasonable control of alcoholic beverages within the community, hereby enacts the following conditions governing liquor licenses heretofore and hereafter issued, transferred or renewed within the Town of Lincoln. These conditions shall supplement all other applicable local and state laws, regulations, rules and requirements governing liquor licenses:
(1) 
A license must be posted in plain view and shown to any authorized person on demand. In addition, the licensee shall post the name of the manager or person in charge of the licensed premises in plain view with the license at all times.
(2) 
The licensee shall designate the name and home address of two individuals, as representatives of the licensee, who shall be contacted by the Police Department or other safety office within the Town in the event of a complaint or other emergency.
(3) 
A telephone and a sufficient number of rest room facilities, accessible to patrons and in good working order, must be maintained by all license holders on the main floor within each licensed establishment.
(4) 
The licensee shall not allow the admittance of any person which would constitute overcrowding within the premises, based upon the seating capacity restrictions for the licensed premises.
(5) 
No alcoholic beverages shall be sold, served or dispensed after the legal closing hour. Pursuant to § 3-7-7 of the Rhode Island General Laws (as amended), the Board establishes the following times for the dispensing of alcoholic beverages:
(a) 
Monday through Sunday from 12:00 noon to 1:00 a.m. [§ 3-7-7 of the Rhode Island General Laws (as amended)].
(b) 
The hours of dispensing and serving alcoholic beverages by holders of Class F licenses shall be governed by §§ 3-7-14 and 3-7-14.1 of the Rhode Island General Laws (as amended).
(c) 
The hours of dispensing and serving alcoholic beverages by holders of Class B-C licenses shall be governed by § 3-7-7.6 of the Rhode Island General Laws (as amended).
[Added 10-21-2014 by Ord. No. 2014-16]
(6) 
Consumption of alcoholic beverages is allowed only on the licensed premises and is prohibited in the parking area of the license holder.
(7) 
With the exception of Class B-C license holders, no patron shall be admitted on the premises after the legal closing hour.
[Amended 10-21-2014 by Ord. No. 2014-16]
(8) 
With the exception of Class B-C license holders, all patrons shall leave the licensed premises within 1/2 hour after the legal closing hour.
[Amended 10-21-2014 by Ord. No. 2014-16]
(9) 
With the exception of Class B-C license holders, all employees shall leave the licensed premises within one hour after the required closing time. However, the owner and/or general manager or bona fide employee of any establishment may remain on the premises for a period of no longer than two hours after the legal closing hour for the purpose of cleanup and maintenance. The owner and/or general manager or bona fide employee may enter to be in an establishment at any time for legitimate business purposes; provided, however, that the owner or general manager must first inform the Lincoln Police Department of his, her or their entering the licensed premises. Management and bona fide employees may not consume, dispense or open alcoholic beverages or beverage containers after the legal closing hour. No employee shall be allowed on the premises for maintenance purposes earlier than two hours before the legal opening, and during this period, there shall be no consumption or dispensing of alcoholic beverages.
[Amended 10-21-2014 by Ord. No. 2014-16]
(10) 
In all events, no person, other than an owner, manager, authorized employees, police and enforcement personnel, shall be admitted to the premises after the required closing time. Notwithstanding the above, this subsection shall not apply to Class B-C license holders.
[Amended 10-21-2014 by Ord. No. 2014-16]
(11) 
At all times while the premises are occupied, police and other enforcement officials must be admitted and granted access to the entire licensed premises, including the parking lot and other areas surrounding the building. No entrance-prevention device, such as bolts or other methods, shall be allowed during business hours for the purpose of preventing other patrons or law enforcement officials from freely entering and exiting the premises.
(12) 
No licensee or any agent, servant, employee or representative thereof shall in any way interfere with the official duties or activities of any such police or other enforcement official.
(13) 
The licensed premises' associated parking and outside areas and the conduct of patrons thereon and therein shall be efficiently and affirmatively supervised by the licensee so as to preclude the annoyance or disturbance of the public and persons residing in the surrounding area and to ensure that no patron, agent or employee is engaged in any unlawful activity.
(14) 
Patrons shall not be allowed to consume any alcoholic beverage in the associated parking area or in any areas on the property other than the licensed premises as delineated in accordance with these rules and regulations. In no event shall alcoholic beverages or a container for alcoholic beverages as offered by the license holder to its patrons be permitted to be removed from the interior of the premises of the license holder.
(15) 
All fights, disturbances of any nature, violence or any other violation of the law in the licensed premises or adjacent areas under the control of the licensee shall immediately be reported to the Lincoln Police Department by management or employees. A list of such violations shall be delivered to the Board on a quarterly basis by the Police Department. Copies of police reports on serious repeat offenders shall be delivered to the Board by the Police Department.
(16) 
No loud noises, music, amplified or not, or other nuisance shall be permitted to annoy and disturb nearby residents or persons on adjoining streets or sidewalks.
(17) 
Parking areas and other outside areas associated with and used by the patrons and/or workers of the licensed premises shall be kept clean and free of litter and debris.
(18) 
After hearing, the Board may impose such other or further conditions upon a licensee or transferee which may be necessary to promote the reasonable control of alcoholic beverages within the Town of Lincoln or to protect the health, safety and welfare of the inhabitants of the Town.
(19) 
Required training and certification.
[Amended 4-15-2014 by Ord. No. 2014-04]
(a) 
All management of the licensee and all employees of the licensee shall be required to attend a substance abuse training program and must attain a minimum score of 75% prior to commencement of serving alcoholic beverages, and be recertified every three years in accordance with R.I.G.L. § 3-7-6.1(b)(3). The licensee shall be required to produce proof of attendance at such program to the Police Chief within 60 days of hire. The substance abuse program shall be approved by the Lincoln Substance Abuse Task Force.
(b) 
In addition, all management and employee personnel of all liquor establishments within the Town shall have taken and been certified as having completed the alcoholic servers program administered by appropriate and recognized agencies, as defined in R.I.G.L. § 3-7-6.1(c). Persons currently so certified will continue to be recognized as qualified. Any new employees or license holders shall be required to have completed such course within three months of employment or license award or transfer.
(c) 
All persons identified under Subsection C(19)(a) above must have their valid server permits on the premises when engaged in the sale or service of alcoholic beverages.
Any and all liquor licenses granted and issued by the Board shall be subject to the restrictions set forth in this article and other restrictions or conditions that the Board may deem appropriate.
[Amended 10-21-2014 by Ord. No. 2014-16]
All liquor licensees, except for Class B-C licensees, shall be prohibited from operating after the hour of 1:00 a.m.
At the time of renewal or whenever there is a change of license holder of all liquor licenses, the license holder, and all employees of said license holder involved in the dispensing of alcoholic beverages, shall present evidence of completion of a training program, such as TIPS (Training for Intervention Procedures by Servers of Alcohol), TAM (Techniques of Alcohol Management), Serve Safe Program or a similar certified training program as approved by the Lincoln Substance Abuse Prevention Task Force or any other committee or employee of the Town of Lincoln so designated by the Board.
Failure of a license holder to provide evidence of completion of such a training program shall result in the establishment being closed until the certificate is provided. An extension of time to allow for certification may be granted by the Board for good cause shown.
Any applicant for, or licensee or holder of, an alcoholic beverage license within the Town must satisfy and pay any and all tax liabilities prior to the granting of a new alcoholic beverage license or the renewal of an existing alcoholic beverage license.
Notwithstanding any penalties as established by Rhode Island General Laws and in addition to the suspension or revocation of the liquor license as set forth herein, any applicant who violates the provisions of the within rules and regulations and the conditions/restrictions as contained herein may be assessed a penalty in a sum not to exceed $500 for each violation.
[Added 1-21-2014 by Ord. No. 2013-18]
A. 
Notwithstanding the provisions in § 70-10, the Lincoln Town Council, acting as the Board of Licenses, may issue to a holder of a Class BV license an extended hours permit to extend closing hours on Fridays, Saturdays and nights before a legal state holiday for one hour past such license holder's legal closing time for the license holder's Class BV license, subject to the following conditions:
(1) 
The licensee has a valid and enforceable Class BV license that is in good standing with the Town of Lincoln.
(2) 
The licensee is a licensed gaming and entertainment establishment that is authorized to operate 24 hours a day.
(3) 
The licensee provides a twenty-four-hour security plan to the Chief of Police for the Town of Lincoln, updated as needed on a monthly basis.
(4) 
The security plan set forth in Subsection A(3) above shall provide for a sufficient detail of Lincoln police officers to the licensee's property on the nights for which extended hours are granted.
B. 
The fee schedule for the extended hours permit shall be $200 per day for each Friday, Saturday and legal state holiday, payable in advance upon issuance of the license for a time period as set by the Lincoln Town Council, acting as the Board of Licenses.
C. 
This section shall take effect upon passage, and unless renewed by the Lincoln Town Council, the amendments to Chapter 70 contained herein shall be repealed on December 31, 2014.
[Amended 8-19-2014 by Ord. No. 2014-10]
D. 
The Rhode Island General Assembly has enacted R.I.G.L. § 3-7-7.6, entitled "Casino License - Class B-C," which creates a Class B-C alcoholic beverage license that permits a license holder to sell alcoholic beverages until 2:00 a.m. on Fridays, Saturdays and nights before federal and state legally recognized holidays. Therefore, pending the issuance of Class B-C licenses for the year 2015 by the Town of Lincoln, the date set forth in Subsection C above, and any existing BV extended hours licenses, shall be extended up to and including December 31, 2014. The fee for an extension of an extension of an existing BV extended hours license until December 31, 2014, shall be 1/12 of $2,500 for three months, which is derived from the annual fee schedule in R.I.G.L. § 3-7-7.6. The provisions of R.I.G.L. § 3-7-7.6(f) shall apply to any holder of a BV extended license.
[Added 8-19-2014 by Ord. No. 2014-10]