Town of Smithfield, RI Article VI Penalty Provisions for All Liquor Violations

[Adopted 5-5-2009; amended in its entirety 12-5-2023 by Ord. No. 2023-10]

§ 118-13 Fines and revocation; show-cause hearing.

A. In addition to any criminal penalties which may be imposed by a court of law, any holder of a liquor license issued by the Town of Smithfield who breaches any condition on which the license is issued, or who violates any rule, regulation, ordinance, or statute applicable thereto, with the exception of the alcohol server training requirements set forth in § 118-11, shall, for the first offense, be subject to a fine of up to $500 and/or suspension or revocation of license; and for the second and any subsequent offense, be subject to a fine of up to $1,000 and/or suspension or revocation of license. Each separate violation hereunder shall be considered a separate offense even if multiple violations occur on the same date or arise out of the same incident. In the event that there are no offenses within 36 successive months from the date of the last offense, then the next offense shall be treated as the first offense. All fines collected by the Town hereunder shall be paid over to the Smithfield Substance Abuse Prevention Coalition.

B. Violations.

(1) The license holder has breached any condition imposed on the license.

(2) The license holder has violated the provisions of state law concerning alcoholic beverages, including but not limited to the rules and regulations issued by the Liquor Control Administration.

(3) The license holder has violated provisions of any applicable Town ordinances.

(4) The license holder has failed to submit their paperwork by October 1.

(5) For purposes of this section, the licensee assumes responsibility for preventing its patrons from disturbing the surrounding neighborhood. Failure to do so shall be grounds for revocation or suspension of a license or imposition of a fine.

C. Minimum penalties. In no event shall a penalty imposed hereunder be less than:

(1) For a first offense, a mandatory minimum fine of $100.

(2) For a second offense in a thirty-six-month period, a mandatory minimum fine of $250.

(3) For a third offense in a thirty-six-month period, a mandatory minimum penalty of a fine of $350 and a three-day license suspension.

D. Imposition of penalty. Prior to imposing any penalty hereunder, the Town Council shall conduct a public show-cause hearing. The hearing notice shall be given to the licensee at least 10 days' prior to the hearing. The notice shall include the date, time and place of the hearing, and shall state the nature of the charges against the licensee.