[Adopted 3-11-2013 by Ord. No. 2013-5]
A.Â
The Council of the Town of Johnston hereby declares that the purpose
of this article is to preserve the health, safety and welfare of its
residents by ensuring that the public consumption of alcohol is carried
out responsibly.
B.Â
It is the Council's intent to ensure that those establishments
that allow the general public to consume alcohol on their premises
are properly trained to inspect photo identification to prevent underage
drinking, as well as to regulate the amount of alcohol consumption
that occurs on these aforementioned premises to promote the health
and safety of the Town of Johnston and to reduce the prominence of
drinking and driving therein.
A.Â
ALCOHOLIC BEVERAGES
BYOB
BYOB ESTABLISHMENT
BYOB LICENSE
CORKAGE FEE
PHOTO IDENTIFICATION DOCUMENT
VICTUALLING HOUSE
As used in this article, the following terms shall have the meanings
indicated:
Any and all intoxicating beverages that contain alcohol,
liquor or such other intoxicating substances as are further defined
in R.I.G.L. § 3-1-1.
Also known as a bring-your-own-beer, bring-your-own-bottle,
bring-your-own-wine, or carry-in establishment. The practice of allowing
individuals to bring and consume alcohol on the premises of a victualling
house.
Any victualling house, operated for profit or pecuniary gain,
which is not licensed by the State of Rhode Island Liquor Control
Board wherein patrons may consume alcoholic beverages which said patrons
have carried or brought into the premises. The permissibility of a
use of land involving to any extent a BYOB establishment shall be
determined according to the principal intended use.
A BYOB license shall be understood as a limited, nonretail, Rule 5 Class B-V license as defined by the State of Rhode Island Department of Business Regulation. As such licensee is bound to all limitations and regulations as set forth therein and otherwise contained within Rhode Island General Laws Title 3, Alcoholic Beverages. A BYOB license maintains all the requirements set forth by the State of Rhode Island Department of Business Regulation but does not confer the right to retail sales. A BYOB license will be understood as a Class B-V liquor license for the purpose of regulation under Town of Johnston Code of Ordinances Chapter 91.
A convenience charge allowable only under a BYOB license
for the labor and services incurred by the BYOB establishment for
the consumption of alcoholic beverages on its premises.
Any permissible form of legal identification that is provided
in R.I.G.L. § 3-8-6.
Also known as "victualler." Any shop or place where a substantial
part of the business is the furnishing of food for consumption at
the place where it is furnished.
B.Â
All other terms used throughout this article shall have their normal
and ordinary meaning and shall be construed in the context in which
they are provided.
A.Â
It shall be unlawful for any tavern or victualling house in the Town
of Johnston that does not have a Class B liquor license pursuant to
R.I.G.L. § 3-7-7, but otherwise may qualify to possess one
pursuant to Rhode Island Department of Business Regulation Commercial
Licensing Regulation 8, Section 4, Rule 5 Class B-V license, to operate
as a BYOB establishment as herein defined, or to allow the practice
of BYOB to occur on its premises, without first obtaining a BYOB license
issued by the Johnston Town Council.
B.Â
The Johnston Town Council shall require all of the necessary requisites
for a Rhode Island Department of Business Regulation Commercial Licensing
Regulation 8, Section 4, Rule 5 Class B-V prior to issuing a BYOB
license. Said license shall be bound by all limitations conferred
upon Rhode Island Department of Business Regulation Commercial Licensing
Regulation 8, Section 4, Rule 5 Class B-V licenses under Rhode Island
General Laws Title 3, Alcoholic Beverages.
A.Â
The Town of Johnston may grant a BYOB license to any establishment
qualifying for a license under Rhode Island Department of Business
Regulation Commercial Licensing Regulation 8, Section 4, Rule 5. This
license shall confer the limited right for consumption but not the
retail of intoxicating beverages on the victualler's premises
as defined by R.I.G.L. § 3-1-1. A BYOB license is limited
by any provisions set forth under R.I.G.L. Title 3, Alcoholic Beverages,
as would be applicable to a Rhode Island. Department of Business Regulation
Commercial Licensing Regulation 8, Section 4, Rule 5 Class B-V license.
B.Â
Application for a BYOB license shall be made to the Johnston Town
Council at the time of the initial or renewal application for a BYOB
license. The determination whether to grant a BYOB license is solely
in the Johnston Town Council's discretion.
C.Â
No BYOB license shall be issued for any premises until the Code Enforcement
Officer receives the following:
(1)Â
A certification from the Tax Collector that all real property taxes
and assessments pertaining to the premises and the property on which
the premises is located and for which a BYOB license is to be issued
are current and that no such taxes or assessments are then due and
owing; and
(2)Â
A certification from the Town of Johnston that all Town utilities
and assessments pertaining to the premises for which a BYOB license
is to be issued are current and that no such utilities or assessments
are then due and owing.
D.Â
Approval of a BYOB license under this policy shall not create any
property rights; any further transfer or conferral of the BYOB license
is limited to the provisions set forth under R.I.G.L. § 3-5-19
and any other limitations as would be applicable to a Rhode Island
Department of Business Regulation Commercial Licensing Regulation
8, Section 4, Rule 5 Class B-V license.
E.Â
A BYOB license is only permitted for victualling houses, as defined
herein, that neither have nor are currently in the process of applying
for, a liquor license as found in R.I.G.L. § 3-7-7 and otherwise
fulfills the requirements of Rhode Island Department of Business Regulation
Commercial Licensing Regulation 8, Section 4, Rule 5.
F.Â
Before approving or renewing a BYOB license, the Johnston Town Council
may cause an examination or examinations to be made of the premises
of the applicant or may otherwise review such evidence as the Johnston
Town Council deems necessary pursuant to R.I.G.L. Title 3, Alcoholic
Beverages, or Rhode Island Department of Business Regulation Commercial
Licensing Regulation 8 as if the BYOB license were a Rhode Island
Department of Business Regulation Commercial Licensing Regulation
8, Section 4, Rule 5 Class B-V license.
A.Â
Any victualling house approved for a BYOB license shall at all times
comply with any provisions set forth under Rhode Island Department
of Business Regulation Commercial Licensing Regulation 8, Section
4, Rule 5 Class B-V license and more generally any other applicable
conditions under R.I.G.L. Title 3, Alcoholic Beverages, or Rhode Island
Department of Business Regulation Commercial Licensing Regulation
8 as if the BYOB license were a Rhode Island Department of Business
Regulation Commercial Licensing Regulation 8, Section 4, Rule 5 Class
B-V license.
B.Â
Pursuant to compliance with standards delineated herein, any BYOB
licensed establishment must serve any alcoholic beverage in the possession
of patrons to said patrons before patrons are permitted to consume
said beverage on victualler's premises. Accordingly, all requirements
of proper service of beverages contained within Rhode Island Department
of Business Regulation Commercial Licensing Regulation 8, including
but in no way limited to Rule 43 Alcohol Server Training Program Certification,
must be met under R.I.G.L. Title 3, Alcoholic Beverages.
C.Â
Employees who have not been certified by an eligible alcohol server
training program are not permitted to handle alcohol. Certified employees
are permitted to handle alcoholic beverages for the purposes of chilling,
uncorking, pouring, verifying its contents, and discarding leftover
alcoholic beverages, but under no circumstances are employees permitted
to store or consume alcoholic beverages.
D.Â
The establishment may charge a corkage fee for the service of intoxicating
beverages belonging to patrons pursuant to recovering any costs incurred
by acquiring and subsequent compliance with the BYOB license.
E.Â
No glasses or opened bottles containing alcoholic beverages are permitted
off the premises, except as provided under R.I.G.L. § 3-8-16.
F.Â
No person waiting to be seated for service may consume or possess
an open container of an alcoholic beverage unless and until an employee
serves the beverage to the patron.
G.Â
Patrons who desire to consume alcoholic beverages on the premises
shall bring such beverages with them to the establishment. Patrons
shall not be permitted to deliver alcoholic beverages to the premises
in advance or to leave alcoholic beverages on the premises to be consumed
or to be picked up at a later time. No delivery of alcoholic beverages
by any person, including a licensed alcoholic beverage establishment,
shall be permitted.
H.Â
Alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table and must be kept by
the patron at the table at which the patron is seated.
I.Â
No BYOB licensee shall permit a patron, customer, or any other person
to bring or deliver to the premises a large quantity of alcoholic
beverages intended for consumption at a party or other special event
to be attended by more than one table of patrons.
J.Â
BYOB licensees are not permitted to promote or conduct the tasting
or sampling of alcoholic beverages.
K.Â
The BYOB establishment patrons are limited to the consumption of
the alcoholic beverages provided by the persons at said patrons table.
The BYOB license is subject to any fees, advertising costs, fines, limitations, revocations, suspensions or any other conditions as set forth within Town of Johnston Municipal Code Chapter 91 as if said BYOB license was a Rhode Island Department of Business Regulation Commercial Licensing Regulation 8, Section 4, Rule 5 Class B-V license.