[HISTORY: Adopted by the Town Council of
the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 11-1 to 11-5
of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 6.
Alcoholic beverage license fees — See Ch. 93.
Noise — See Ch. 152.
STATE LAW REFERENCES
Alcoholic beverages — See R.I.G.L.
§ 3-1-1 et seq.
Penalties for violations — See
R.I.G.L. § 3-11-5.
It shall be an offense for any person who has
not attained the age of 21 years to consume or have in his possession
alcoholic beverages of any kind within the Town.
[Amended 1-25-2016 by Ord. No. 847]
A.
It
shall be unlawful for any person to have in his possession any open
bottle, open can, drinking glass or drinking cup containing an alcoholic
beverage of any kind while on any public street, public highway, public
sidewalk or on any public lands in the Town, including but not limited
to recreational areas and public places of assembly.
B.
It
shall be unlawful for any person to consume alcoholic beverages of
any kind in the Town while on any public street, public highway or
on any public lands in the Town, including but not limited to recreational
areas and public places of assembly.
C.
It
shall be unlawful for any person to have in his possession any alcoholic
beverages while on any lands or in any buildings owned by the Town
and used for recreational or educational purposes.
D.
Notwithstanding any other provisions of Chapter 15, the Town Council may at any time grant permission for the consumption and/or possession of alcoholic beverages on any land, including sidewalks, or in any building owned by the Town and used for recreational or educational purposes, under the terms and conditions as specified by the Town Council.
E.
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, regarding the expansion
of a restaurant service area into sidewalks and other public areas,
was temporarily added 7-13-2020 by Ord. No. 895 and temporarily renewed 11-23-2020 by Ord. No.
900. The provisions of the latter ordinance expired
5-31-2021.
[Amended by 3-11-2002 by Ord. No. 721; 2-24-2020 by Ord. No.
892]
Any place in the Town at which the illegal consumption
or possession of alcoholic beverages by persons under 21 years of
age is occurring shall be declared a public nuisance. Any owner or
resident of such a place who knowingly permits the illegal possession
or consumption of alcoholic beverages by persons under 21 years of
age shall have committed a violation of this section.
[Amended 4-26-1994 by Ord. No. 609; 8-11-1998 by Ord. No.
661]
A.
The conditions and regulations for obtaining and maintaining
a liquor license in the Town are as follows:
(1)
Applicants for a license or a renewal shall provide
at the time of application an exact description of the premises to
be licensed. The area to be licensed shall be clearly delineated,
as well as the seating area, serving areas, exits and associated parking.
(2)
The building, electrical and plumbing inspectors shall
inspect the premises and issue their findings to the Town Council
on the status of the premises. Applicants shall, before being issued
a license or a renewal, correct any violations of the Building, Electrical
or Plumbing Codes which may exist.[1]
(3)
A license must be posted in plain view and shown to
any authorized person upon demand. Additionally, 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.
(4)
A telephone and toilets in good working order, accessible
to the public, must be maintained by all holders of Class A, B, C
and D licenses on the main floor within each licensed building.
(5)
No alcoholic beverages shall be sold, served or dispensed
after the legal closing hour.
(6)
Consumption of alcoholic beverages is not allowed
on the licensed premises or in the parking area of a Class A license
holder.
(7)
No persons shall be admitted to the premises after
the legal closing hour.
(8)
Minors shall not be allowed to loiter in or around
the premises.
(9)
All patrons shall leave the licensed premises not
later than 20 minutes after 1:00 a.m. All employees shall leave the
licensed premises within one hour after the legal closing time. However,
the owner, general managers and/or staff of any establishment may
enter or be in a licensed establishment at any time for a legitimate
business purpose; provided, however, that the owner or general managers
obtain prior written approval from the Town Council or its designee,
who shall notify the Police Department. Management and bona fide employees
may not consume alcoholic beverages after the legal closing time nor
before the legal opening time. No employee shall be allowed on the
premises earlier than two hours before the legal opening time and,
during this period, there shall be no consumption of alcoholic beverages.
The Town Council or its designee may authorize additional hours for
maintenance purposes upon written application and after conducting
a hearing thereon. In the event of extenuating circumstances (emergency)
that occur after the normal business hours, the licensee may request
an extension of time for cleaning and/or maintenance purposes from
the commanding officer on duty at the Police Department. Such extension,
if granted, shall be for a specific time. No one, other than employees,
on-duty police and enforcement personnel shall be admitted to the
premises after the required closing time (1/2 hour after the legal
closing time) nor before the legal opening time.
[Amended 9-11-2017 by Ord. No. 872]
(10)
Routine periodic services, such as duct cleaning and
carpet shampooing, the performance of which are outside these hour
restrictions, shall require the permission of the Chief of Police
or his designee at least 48 hours in advance of the services. Such
request shall be submitted in writing. Any emergency services shall
be permitted with the permission of the Police Department; however,
a written explanation of the incident shall be submitted to the Chief
of Police within 24 hours after the incident. Abuse of this privilege
shall not be tolerated.
(11)
The licensed premises, associated parking and outside areas, and the conduct of patrons therein and thereon, 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 unlawful activity is engaged in by patrons, agents or employees. Patrons shall not be allowed to congregate or remain in the associated parking or outside areas longer than is reasonably necessary for them to go to the licensed premises from their vehicles or to their vehicles from the licensed premises. Patrons shall not be allowed to consume any alcoholic beverage in the associated parking areas or in any areas on the property other than the licensed premises as delineated in accordance with Subsection A(1) of this section.
(12)
All fights or acts of violence or any violation of
the laws of the state or Town on the licensed premises or adjacent
areas under the control of the licensee shall be reported immediately
to the Police Department by the licensee.
(13)
No alcoholic beverages shall be removed from the licensed
premises of a Class B, C or D licensee by any person.
(14)
At all times while the premises are occupied, police
and other enforcement officials while on duty must be admitted and
granted access to the entire licensed premises, including the parking
lot and associated areas surrounding the building.
(15)
No licensee or any agent, servant, employee or representative
thereof shall in any way interfere with the official duties or activities
of any police or other enforcement official. All licensees, their
agents, servants, employees or representative shall promptly identify
themselves to any police or other enforcement official when requested
to do so.
(16)
No licensee or any agent, servant, employee or representative
thereof shall harass, either verbally or physically, any police or
other enforcement official while performing his official duties on
or within the licensed premises or adjacent parking lot and other
areas surrounding the building.
(17)
The licensee shall review the rules and regulations
set forth in these conditions with all employees, agents, servants
and representatives thereof.
(18)
Live entertainment shall not be permitted on any licensed
premises without a valid annual permit for such entertainment having
first been issued by the Town Council. Live entertainment shall include
instrumentalists, vocalists, shows, bands, disc jockeys and other
forms of entertainment.
[Amended 3-14-2106 by Ord. No. 849]
(19)
No dancing shall be permitted unless a valid permit
is issued by the Town Council.
(20)
No licensee shall permit any ordinance of the Town
to be violated on or within its premises by any agent, patron, servant,
employee or representative thereof.
(21)
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. Such noise shall include
but shall not be limited to the disposal of trash.
(22)
No music or dancing in any form shall be permitted
after 12:45 a.m. in any Class B establishment.
(23)
Upon receipt or renewal of a liquor license, the licensee
shall sign a receipt for a copy of the rules and regulations set forth
in this section.
(24)
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.
(25)
The Town Council may, if it deems reasonably necessary
for public health and safety, require a license holder to provide
for police details at certain specified times.
(26)
Holders of licenses issued by the Town Council must
notify it through the Town Clerk within 10 days of any of the following
changes occurring in the business of the licensee:
(a)
If a partnership, they must report any change
in the partnership agreement, oral or written, whereby any interest,
financial or otherwise, in the business is given to any person, firm
or corporation not mentioned in the license application.
(b)
If a corporation having less than 25 stockholders
reports any pledge, transfer or contract to pledge or transfer stock
of the licensed corporation to a person, firm or corporation not mentioned
in the application for a license.
(c)
All newly elected officers or directors must
be reported to the Town Council within 30 days.
(d)
Any acquisition by any person of more than 10%
of any class of corporate stock must be reported within 30 days.
(e)
Notice of any transfer of 50% or more of any
class of corporate stock shall be made to the Town Council only by
written application to the licensing board subject to the procedures
for a transfer of a license.
(27)
All servers of alcohol shall be required to attend
a substance abuse training program. All servers of alcoholic beverages
shall be required to produce proof of attendance at a substance abuse
program to the Town Clerk within 60 days of the date of hire.
(28)
License holders shall not permit the serving of minors
nor shall they permit the serving of alcoholic beverages to persons
who are so intoxicated that they cannot reasonably be expected to
be responsible for their own safety or the safety of others.
(29)
Any attempt to utilize false identification must be
immediately reported to the police.
(30)
All licensees shall comply strictly with the conditions
of this section. Violations shall be considered cause for suspension
or revocation of the license.
(31)
Effective August 1, 2017, any applicant or holder of any retail license
for the sale of alcoholic beverages issued pursuant to this chapter,
except those applicants for or holders of Class F liquor licenses
or Class AS liquor licenses and except as provided in § 3-7-27,[2] shall file with the application a certificate of insurance
evidencing commercial, general liability, and liquor liability and
property damage coverage in the minimum amount of $300,000. Failure
to maintain insurance as required by this section shall result in
a revocation of the retail license unless the holder of the license
reinstates insurance coverage within 48 hours of notice of revocation.
The certificate of insurance shall provide that the insurance shall
not be modified or cancelled unless prior, advance notice is given
to the licensing authority.
[Added 9-11-2017 by Ord.
No. 872; amended 11-15-2022 by Ord. No. 909]
[2]
Editor's Note: See R.I.G.L. § 3-7-27.
[Amended 3-14-2106 by Ord. No. 849]
All liquor license applicants shall sign two
copies of the form provided by the Town Clerk's office certifying
their compliance. One copy is to be returned to the applicant, and
one copy is to be retained by the Town Clerk.
[Amended 3-14-2106 by Ord. No. 849]
It is the intention of the Town of East Greenwich to provide
for the safe and responsible use of alcoholic beverages in/on all
public property, grounds and facilities. Through the East Greenwich
Municipal Alcohol Policy, the Town has taken an important step in
preventing alcohol-related problems at municipal events and in municipal
locations. The policies include the following:
A.
ALCOHOLIC BEVERAGE
MINOR
SPECIAL EVENT
USER(S)
USERS' AUTHORIZED REPRESENTATIVE(S)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A beverage containing in excess of 3.2% alcoholic content
by volume.
A person under the legal drinking age of 21.
Conducting lawful sales and/or consumption of alcoholic beverages
on specified dates and times in compliance with all state and Town
laws, codes and regulations.
Those individuals, associations, entities, firms or corporations
that provide alcoholic beverages for sale and/or consumption in/on
all public property, grounds and facilities.
A representative that shall be available to those performing
bar, door or floor duties, as well as attendees, to manage problems,
concerns or other issues that may result from sales or consumption
of alcoholic beverages.
B.
Users shall
maintain valid licenses and permits as required by state and Town
laws, codes and regulations as applicable to the activity or event
being conducted.
C.
Insurance. A minimum of $1,000,000 in liquor liability insurance
will be required for special events in/on all public property, grounds
and facilities, festivals, fairs, carnivals and concerts. The Town
of East Greenwich shall be named as co-insured on such insurance.
Proof of purchase shall be provided at least 14 days prior to the
activity with a thirty-day notice of cancellation.
D.
Minors and alcohol-related events. When alcoholic beverages are being
consumed, minors must be accompanied by a responsible adult of legal
age. Minors must not be served or provided alcoholic beverages either
directly or indirectly by an adult. When minors are present in/on
public property, grounds or facilities and alcoholic beverages are
being consumed, the user must rent the entire building.
E.
Alcohol marketing practices prohibited. Practices, including, but
not limited to, oversized drinks, double shots of spirits, drinking
contests, volume discounts and unlimited free alcohol or alcohol marketing
events, which encourage increased immoderate consumption, are prohibited.
F.
Event workers and training.
(1)
For a special event where alcoholic beverages will be sold, the user
shall provide a list specifying employees, volunteers or other event
workers who will be involved in the provision, dispensing, and sales
of alcoholic beverages, as well as employees, volunteers or event
workers who shall monitor the consumption of alcoholic beverages by
attendees. The Town Manager, the Director of Parks and Recreation,
the Chief of Police, or their designees shall have the right to regulate
or prohibit any individual from acting in such capacities.
(2)
The Police Chief or his/her designees may require certification of
alcohol server training at special events and shall have the right
to request modification of certification requirements for any special
event where alcoholic beverages will be served.
G.
Enforcement.
(1)
Violations of any type, willful or not, shall be a consideration
factor in approval or disapproval of a user's future request(s) for
use of public property, grounds and facilities for special events
involving sale or consumption of alcoholic beverages.
(2)
Nothing in this section shall prevent any violation, willful or not,
from being investigated as a separate matter by any governmental agency
charged with enforcement of alcoholic beverage codes and regulations.
Nothing in this section shall preclude any governmental agency authorized
to regulate alcoholic beverages from entering public property, grounds
and facilities for the purposes of investigating compliance with all
applicable state and Town laws, codes and regulations.
(4)
Notwithstanding the foregoing, this license may be revoked at any
time without the right to a hearing, at the sole discretion of the
Town Council.
H.
Workers of legal age; duties required. All employees, volunteers
or other event workers engaged in the provision, dispensing and/or
sales of alcoholic beverages at regular activities or special events,
or engaged in the monitoring of consumption of same by patrons or
attendees, shall be a minimum of 21 years of age.
I.
Procedures for obtaining approval. Prior to the event, the user shall:
(1)
Obtain confirmation from the authorized Town representative that
the public property, grounds and/or facility is available for rental
on the date required.
(2)
Obtain approval for sales and/or consumption of alcoholic beverages
from the Town Council.
(3)
Obtain all permits for provision, dispensing, sale and/or consumption
of alcoholic beverages as required by state and Town laws, codes and
regulations. Evidence of such permits shall be provided to the authorized
Town representative at least 14 days prior to the event.
(4)
Provide the names of employees, volunteers or other event workers
engaged in the provision, dispensing and/or sale of alcoholic beverages,
and those engaged in monitoring the consumption of same, to the authorized
Town representative 14 days prior to the event. Where certification
of alcohol server training is required, proof of such certification
shall also be provided 14 days prior to the event.
J.
Rules, controls and responsibilities of users.
(1)
Users acknowledge by executing the municipal facility permit or rental
agreement that they will strictly observe and ensure compliance with
the controls of this section.
(2)
All required permits shall be conspicuously displayed in the immediate
area of the public property, grounds and/or facility where the alcoholic
beverages are to be provided, dispensed, sold or consumed.
(3)
Users are encouraged to provide a variety of safe transportation
options for impaired patrons or attendees.
(4)
Users shall inform their employees, volunteers or other event workers
of the potential for litigation involving the misuse of alcoholic
beverages and shall provide them with the knowledge necessary to lessen
the likelihood of such legal action.
(5)
The Director of Parks and Recreation, Town Manager, Chief of Police,
or their designees reserve the right to require submittal of a security
plan and/or the presence of police officers or qualified security
personnel for the duration of an event, the cost of which will be
borne by the user. Any such security plan must receive written approval
from the Police Chief before the event may be held.
(6)
Users shall ensure that the required certified alcohol servers are
on site and performing designated duties at the appropriate times
where required.
(7)
At least one of the user's authorized representatives, as indicated
on the public property, grounds and facility permit or rental agreement,
shall be available at the designated municipal location during the
entire duration of the event to assure compliance with all state and
Town laws, codes and regulations, as well as the provisions of this
section, and shall also be present to assure the proper removal of
alcoholic beverages from the public property, grounds and facility
upon conclusion.
(8)
Users' authorized representatives shall be available to those performing
bar, door or floor duties, as well as to attendees, to manage problems,
concerns or other issues that may result from sales or consumption
of alcoholic beverages.
(9)
All alcoholic beverages used in/on public property, grounds and facilities
shall be purchased, dispensed, sold and/or consumed in compliance
with all state and Town laws, codes and regulations.
(10)
Users shall ensure that alcoholic beverages sold or consumed in/on
public property, grounds and facilities are not removed from the designated
locations within those events or facilities by patrons or attendees.
(11)
All bottles shall be retained within the bar area. All beverages
shall be served in unbreakable cups. The Police Chief or his/her designee
may amend this control when alcoholic beverages are to be served at
a formal event.
(12)
If alcoholic beverage tickets are purchased from a designated ticket
seller in/on public property, grounds or facilities, a maximum of
two tickets (servings) per person will be permitted at one time.
(13)
Minors shall not be served or otherwise provided with alcoholic beverages.
The only acceptable form of identification shall be government-issued
photo identification. Such identification shall be inspected before
providing/serving a person who appears to be under the age of 21.
(14)
Users shall request that individuals participating in masquerade
events unmask or otherwise identify themselves to event organizers
for the purpose of age identification.
(15)
Users shall ensure that while on public property, grounds or facilities,
the physical setting is safe and accommodating for both drinkers and
nondrinkers of alcoholic beverages.
(16)
All exits shall be monitored by users and kept clear of obstructions
at all times.
(17)
Nonalcoholic drinks shall be available without charge or at a cost
lower than that of drinks containing alcohol.
(18)
Announcements near the end of a special event or near the close of
business for a regular activity, stating that provision, dispensation
or sales of alcoholic beverages will cease soon, are prohibited.
(19)
The sale and/or consumption of alcoholic beverages shall cease not
later than the time specified on the municipal events permit or rental
agreement or any time established by state or Town laws, codes or
regulations, whichever is more stringent.
(20)
Should users become aware of a situation that could lead to disruption,
injury or property damage, they shall take immediate action to prevent
patrons or attendees from engaging in such activities or conduct.
(21)
Police shall be notified by users of any potentially disruptive,
injurious or damaging situations before they become out of control.
(22)
Users shall indemnify, defend and save harmless the Town of East
Greenwich from any and all claims, demands, causes of action, costs
or damages that the municipality may suffer, incur or be liable for,
resulting from users' nonperformance of their obligations/duties under
this section.
(23)
Violations of this section shall include serving someone to intoxication;
serving someone who is already intoxicated; serving persons not of
legal age; and failing to prevent impaired individuals from driving.
[Added 7-8-2013 by Ord. No. 828; amended 1-25-2016 by Ord. No. 847; 3-14-2016 by Ord. No. 849; 7-11-2016 by Ord. No. 858; 10-24-2016 by Ord.
No. 861; 7-13-2020 by Ord. No. 895; 11-23-2020 by Ord. No. 900; 11-8-2021 by Ord. No. 905]
The holder of a valid BV liquor license for a licensed premises that abuts a public sidewalk on Main Street may apply to the Town Council for permission for outdoor sidewalk liquor service on said public sidewalk. Upon approval by the Town Council of an application for outdoor sidewalk liquor service, the holder of a valid BV liquor license may serve liquor at an outside table only in conjunction with the service of a full meal. The liquor must be served by a server employed by the license holder and may only be served with a meal. This service may not be provided to patrons waiting to be seated, but only for those patrons actually seated who have or will be ordering a meal. The service of liquor alone without a meal at an outside table is strictly prohibited. This service may be provided seven days a week, from 11:00 a.m. to 11:00 p.m. Applications may be granted annually for the period of December 1 through November 30. An application fee of $150 shall accompany all applications for this service. The tables with outdoor sidewalk liquor service shall be separated from the rest of the sidewalk area by a temporary physical barrier. This service may be revoked at any time without the right to a hearing at the sole discretion of the Town Council. A new liquor license shall not be required in connection with a duly authorized temporary expansion of a restaurant service area as provided for in § 15-9.[1]
[1]
Editor's Note: Former § 15-9, Temporary expansion
of restaurant service area, was temporarily added 7-13-2020 by Ord. No. 895 and temporarily renewed 11-23-2020 by Ord. No. 900. The
provisions of the latter ordinance expired 5-31-2021.
[Added 11-8-2021 by Ord. No. 905]
A.
The maximum
number of liquor licenses that shall be issued by the East Greenwich
Town Council, sitting as the Board of License Commissioners, in each
respective class, shall be as follows:
B.
As of the
date of this section, the Town Council, sitting as the Board of License
Commissioners, shall not issue any new liquor licenses that would
cause the number of licenses issued to exceed the limits set forth
herein. If, as of the date this section is enacted, the number of
licenses currently issued by the Town shall already be in excess of
the maximum number set forth herein, the Council may continue to renew
such licenses, but shall not reissue such license if the license holder
shall allow the license to expire.
