Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
[Adopted 3-11-2013 by Ord. No. 2013-5]
A. 
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. 
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. 
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
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.
BYOB
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.
BYOB ESTABLISHMENT
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.
BYOB LICENSE
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.
CORKAGE FEE
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.
PHOTO IDENTIFICATION DOCUMENT
Any permissible form of legal identification that is provided in R.I.G.L. § 3-8-6.
VICTUALLING HOUSE
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. 
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. 
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. 
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. 
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. 
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. 
No BYOB license shall be issued for any premises until the Code Enforcement Officer receives the following:
(1) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
BYOB licensees are not permitted to promote or conduct the tasting or sampling of alcoholic beverages.
K. 
The BYOB establishment patrons are limited to the consumption of the alcoholic beverages provided by the persons at said patrons table.
L. 
No BYOB establishment shall allow any alcoholic beverages on any deck, patio, verandah, balcony or appurtenant area outside of its business structure without obtaining an additional license issued by the Town of Johnston, as provided in the Town of Johnston Code of Ordinances § 125-13.
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.