[HISTORY: Adopted by the Town Council of the Town of West
Greenwich 10-12-1994 by Ord. No.
63; as amended 12-14-1994, 5-13-1998 and 7-8-1998. Subsequent amendments noted
where applicable.]
A.
Authorization for issuance. Any and all alcoholic beverage licenses,
so-called "liquor licenses," authorized by the General Laws of the
State of Rhode Island, as amended, and granted by the Town of West
Greenwich, a body corporate and existing under such General Laws,
shall be issued, governed, controlled and regulated by the Town Council
of the Town of West Greenwich, as its Licensing Board (hereinafter
referred to as the "Board"), in accordance with the following rules,
regulations, policies and procedures. These rules, regulations, policies
and procedure are deemed to be in conjunction with the Rhode Island
General Laws and the rules and regulations promulgated by the Liquor
Control Administration.
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.
C.
Meetings, hearing, rules and records. The Board shall meet as part
of the regularly scheduled meeting of the Town of West Greenwich Town
Council in a section of the agenda specifically designated for such
meeting or at such time and in such place as determined by the Board
and duly noticed according to the Rhode Island Open Meetings Law.[1] The Board shall keep proper and accurate records, which
shall be in conformity with the provisions of the Rhode Island Public
Records Act.[2]
These rules, regulations, policies and procedures of the Town
of West Greenwich Licensing Board shall become effective immediately
upon passage by the Town Council of the Town of West Greenwich and
shall be the official rules and regulations pertaining to the issuance
of liquor licenses within the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee to be paid to the Town of West Greenwich for the issuance
of the various classes of liquor licenses shall be set in accordance
with state law.[1]
[1]
Editor's Note: See R.I.G.L. § 3-7-1 et seq.
A.
Application. An application form must be obtained from the Town Clerk,
who shall serve as the Clerk of the Licensing Board (hereinafter referred
to as "Clerk"). Such application shall be fully completed and returned
to the Clerk, together with all application processing documentation
and required fee.
B.
Contents and general requirements.
(1)
An application for liquor licenses must contain an exact description
of the premises to be licensed, sufficient to identify the specific
location within the building and/or property grounds where liquor
is to be served and shall include within the application a site plan
of the location to be licensed and a landscaping plan of the grounds
and property surrounding the licensed premises. The area to be licensed
shall be clearly delineated as well as the seating area, service areas,
exits and associated parking.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The Building Official and the Fire Chief shall inspect the premises
and issue findings to the Town Council on the status of the premises.
Applicants shall, before being issued a license or a renewal, correct
any violation of the building, electrical, plumbing and fire codes
which may exist.
(3)
The Chief of Police of the Town of West Greenwich shall review the
completed application and make his report and/or recommendations to
the Board prior to a hearing on the application.
(5)
Class B licenses. In addition, the following must be attached to
an application for a Class B license:
(a)
Certified copy of Articles of Incorporation if a corporation
and certificate of good standing issued by the Secretary of State;
and if a partnership, a copy of the partnership agreement and/or any
documents pertinent thereto;
(b)
Tax certificate issued by the Rhode Island Division of Taxation;
(c)
Tax certificate issued by the Tax Collector of the Town of West
Greenwich;
(d)
State of Rhode Island Health Department certificate;
(e)
A copy of the menu to be utilized by the licensee at the premises.
(6)
Class D licenses. In addition, the following must be attached to
an application for a Class D license: charter of the club applying
for said license, whether it is a social, political or other private
club, which charter sets forth, among other things, its notices of
meeting and the manner of distribution of its funds.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Class F licenses. In addition, the following must be attached to
an application for a Class F license: proof of the organization's
status as a Rhode Island non-business corporation, religious organization
or political organization.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Incomplete applications. Applications not continuing all necessary
and pertinent information as required within the application and these
rules and regulations shall be returned by the Clerk to the applicant
until the necessary, required and appropriate information and documentation
has been received in full.
D.
Notice of application. Notice of application must be given in accordance
with Rhode Island General Laws to all owners of property within 200
feet of the place of business seeking the application by regular mail.
The names and addresses of the abutters are to be submitted by the
applicant to the Town Clerk on behalf of the Board, and the cost thereof
shall be paid by the applicant. The notice must state that remonstrants
have a right to be heard and state the time and place of the hearing
on the application. Written notice need not be given for temporary
licenses.
E.
Advertising. The Board must advertise the hearing time, date and
place in a newspaper of general circulation serving the Town once
a week for two weeks. This requirement does not apply to temporary
licenses. The initial advertisement must appear at least 14 days before
the date of the scheduled hearing.
F.
Basis for denial. Licenses may be denied based on the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Objections made by owners of the greater part of the area within
200 feet of the premises where a Class BV or BVL license is to be
issued (R.I.G.L. § 3-7-19). If the owner or owners of the
majority of this area object, then the Board is without authority
to issue the license. The area within 200 feet of the premises means
the area within a line 200 feet in distance from every side of the
proposed premises.
(2)
Objection is made by owners of less than the greater part of the
area within 200 feet of the premises where the license is to be issued.
The Board has discretionary authority to either issue or deny the
license.
(3)
Premises are located within 200 feet of a school or place of public
worship (R.I.G.L. § 3-7-19). The two-hundred-foot measurement
shall be made from that point of the school or place of public worship
to the edge of the premises housing the establishment serving alcohol.
(4)
The Board has general discretionary authority to deny a license based
upon criteria which it has established and fairly applies as well
as a violation of any of the rules and regulations as herein promulgated.
The following criteria have been established by the Board:
(a)
Compliance with all Town ordinances and Board rules, regulations,
policies and procedures.
(b)
Citizen reaction to the application.
(c)
Proximity of location to residential areas, commercial districts,
schools, churches and other establishments licensed for the sale of
alcoholic beverages.
(d)
Impact on traffic and parking.
(e)
Impact on existing municipal services and requirements, if any,
for new municipal services.
(f)
Impact on public safety, health and welfare.
(g)
Whether a license will be a major component of the business
or an auxiliary use to an eating establishment.
(h)
The history of operations at the premises for which a license
is requested.
(i)
Proportion of unsupervised patrons under 21 years of age.
(j)
Effect on neighborhood real estate values.
(k)
The performance of a criminal background investigation check
of each applicant by the Police Department.
(l)
Qualification of the applicant to hold and operate the license.
(m)
Payment of taxes due the Town.
(n)
Such other health and safety factors as individual applications
may present.
(5)
Failure of an applicant to comply with the requirements of Rhode
Island General Laws, including, but not limited to:
(a)
Applicant must be a citizen and resident of Rhode Island, except
that licenses may be issued to corporations in other states of the
United States if they are authorized to transact business in Rhode
Island (R.I.G.L. § 3-5-10).
(b)
Corporate applicants with 25 stockholders or less must provide
a list of the names and addresses of all stockholders. Officers and
members of the board of directors and each person listed must be a
suitable person to hold a license within the discretion of the Board
(R.I.G.L. § 3-5-10).
(c)
Failure of a corporation to report the acquisition of a ten-percent
interest and any change of officers or directors within 30 days (R.I.G.L.
§ 3-5-10).
(d)
Applicant has a criminal record or repeat violations of the
alcoholic beverage laws (R.I.G.L. § 3-5-10).
G.
Notice of suspension or revocation. Prior to the revocation or suspension
of a license, the Board shall send notice by mail to the licensee
and give the licensee the opportunity to show cause why the license
should not be suspended or revoked. The notice shall provide:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
All licenses, except Class F and F-1 licenses, shall be renewed on
or before December 1 of each year in accordance with these rules and
regulations and state law.
B.
License renewal applications shall be submitted on the same application
form as an original application, except that the application shall
indicate that it is a renewal application. The license renewal application
should be submitted by October 1 to allow time for processing and
advertising. Failure to submit a timely license renewal application
shall be grounds for denying renewal of the license.
C.
A nonrefundable processing fee as set from time to time by the Town
Council shall be submitted with each application for renewal or a
new license (R.I.G.L. § 3-7-6). The full license fee will
be due and payable upon approval and delivery of the license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Failure of the Board to act on a license renewal application, timely
submitted and fully completed and executed, shall cause the existing
license to be extended until such time as the Board acts on the application
(R.I.G.L. § 42-35-14).
E.
The holder of a license is entitled to have the license renewed,
provided:
(1)
The license renewal application is completed and timely submitted
by October 1.
(2)
The applicant meets all the criteria for issuance of the initial
license.
(3)
The Board may refuse to renew the license for cause. Cause shall
include, but is not limited to:
(a)
One or more incidents of disorderly conduct within the licensed
premises or without the licensed premises if the conduct can be shown
to have its genesis within the premises;
(b)
Failure to comply with state or local health and safety laws,
codes, ordinances, rules and regulations;
(c)
Failure to comply with state and local alcoholic beverage laws,
codes, rules and regulations;
(d)
Delinquency of applicant in payment of municipal taxes and user
fees due the Town of West Greenwich or any of its enterprise entities;
(e)
Failure to furnish a tax certificate from the Rhode Island Division
of Taxation.
(4)
(Reserved)
(5)
The Licensing Board, upon its motion or upon the petition of a license
holder or transferee who has filed an application for transfer of
the license, if it is satisfied that the grounds which caused the
imposition of the condition no longer exist, may in its sole discretion
order their removal or modification.
F.
Notice. It shall not be necessary to provide notice by mail for abutting
landowners for license renewals.
G.
Advertisement. The license renewal application shall be advertised
in a newspaper of general circulation in the Town of West Greenwich.
The advertisement shall provide the date and time of the meeting at
which the renewal application shall be considered.
A.
"Relocation" means the moving of the license to a new locations;
"transfer" means conveyance of the BV or BVL license to another person
(R.I.G.L. § 3-5-19). Class D, F and F-1 licenses are not
transferable.
B.
Notice of application of relocation must be treated simply as a new
application in a new location.
C.
No transfer to another person shall be permitted unless indebtedness
of the licensee incurred in the operation of the licensed premises
shall be paid to or released by an objecting creditor. If the debt
is disputed, the transfer may be permitted on the sworn statement
of the licensee that the debt is disputed and the dispute is not being
raised to facilitate the transfer (R.I.G.L. § 3-5-19). Creditors
cannot object to a transfer resulting from a proceeding in bankruptcy,
receivership, probate or other judicial process.
D.
No transfer
to another business shall be permitted unless a certificate of good
standing is issued by the State of Rhode Island Division of Taxation
indicating all state taxes have been paid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Criteria for relocation or transfer.
(1)
Criteria for relocation applications:
(a)
Compliance with all Town ordinances and rules and regulations
of the Board;
(b)
Citizen reaction to the application;
(c)
Proximity of location to residential areas, commercial districts,
schools, churches and other establishments licensed for the sale of
alcoholic beverages;
(d)
Impact on traffic and parking;
(e)
Impact on existing municipal services and requirements, if any,
for new municipal services;
(f)
Whether a license will be a major component of the business
at the new location or an auxiliary use to an eating establishment;
(g)
Impact on public safety, welfare and health;
(h)
The history of the operation at both the old premises and the
new location or an auxiliary use to an eating establishment;
(i)
The anticipated proportion of unsupervised patrons under 21
years of age at the new location;
(j)
Effect on neighborhood real estate values.
A.
The Board shall have the authority to impose reasonable restrictions
upon a license, whether newly issued, renewed, transferred or relocated,
provided 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 the reasonable control of alcoholic beverages within the Town of
West Greenwich or to protect the health, safety and welfare of the
inhabitants of the community.
C.
General rules. The Licensing Board for the Town of West Greenwich,
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 West Greenwich. 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 holder of a Class B license shall post in a conspicuous and visible
area a copy of the current menu utilized by the holder of the Class
B license, which menu shall be visible to patrons prior to entering
the premises.
(3)
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.
(4)
A telephone and sufficient number of rest room facilities, accessible
to patrons and in good working order, must be maintained by all holders
of Class BV, BVL, D and F licenses on the main floor within each licensed
establishment.
(5)
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.
(6)
No alcoholic beverages shall be sold, served or dispensed after the
legal closing hour.
(a)
Pursuant to R.I.G.L. § 3-7-7, the Board establishes
the following times during which Class B alcoholic beverages may not
be sold or served: 1:00 a.m. to 6:00 a.m.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
The hours of dispensing and serving alcoholic beverages by holders
of Class F licenses shall be governed by R.I.G.L. §§ 3-7-14
and 3-7-14.1.
(7)
Consumption of alcoholic beverages is allowed only on the licensed
premises and is prohibited from the parking area of a Class B, D or
F license holder.
(8)
No patron shall be admitted on the premises after the legal closing
hours.
(9)
All patrons shall leave the licensed premises within 1/2 hour after
the legal closing hour.
(10)
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 clean-up and maintenance. Management
and bona fide employees may not consume, dispense or open alcoholic
beverages or beverage containers after the legal closing hour.
(11)
In the event of extenuating circumstances, the licensee may
request an extension of time from the commanding officer on duty at
the West Greenwich Police Department. Such an extension, if granted,
shall be for a specified time period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(12)
In all events, no person, other than an owner, manager, authorized
employee, police and enforcement personnel, shall be admitted to the
premises after the required closing time.
(13)
At all times during which 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.
(14)
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 persons residing in the surrounding
area and to ensure no patron, agent or employee is engaged in any
unlawful activity.
(16)
With respect to all events and fund-raisers sponsored by a holder
of a Class F license, the licensee will be required to have on duty
police officers for the purpose of monitoring parking and pedestrian
traffic to and from the event, should such monitoring be necessary
in the discretion of the Chief of Police.
(17)
Patrons shall not be allowed to congregate or remain in the
associated parking or outside areas longer than is reasonable necessary
for them to go to the licensed premises from their vehicles or to
their vehicles from the licensed premises.
(18)
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 these
rules and regulations. In no event shall alcoholic beverages or a
container for alcoholic beverages as offered by the license holder
for its patrons be permitted to be removed from the interior of the
premises of the license holder.
(19)
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 West
Greenwich Police Department by management or employees. Copies of
police reports on serious repeat offenders shall be delivered to the
Licensing Board. Such reporting by the management or employees shall
be viewed positively when considering violations against the licensee.
(20)
Adult entertainment shall not be permitted on any licensed premises.
"Adult entertainment" is defined as exposure of the human genitals,
pubic regions, buttocks, anus or female breasts below a point immediately
above the tops of the aureola for viewing by patrons, or performance
of acts or simulated acts of sexual intercourse, masturbation, sodomy,
oral copulation, bestiality, flagellation or sexual acts prohibited
by law.
(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.
(22)
Should a license be issued for a premises located within or
adjacent to a residential neighborhood, then in such event the licensee
may be required to provide sound-screening to the premises in order
to avoid a noise disturbance within the residential neighborhood.
In addition, the landscaping in the area of the licensed premises
shall be maintained in conformity with the surrounding landscaping
of the residential neighborhood.
(23)
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.
(24)
The Licensing Board may, if it deems reasonable and necessary
for public health and safety, require a license holder, at its own
expense, to provide security personnel and/or off-duty police officers
at the licensed premises during certain specified times.
(25)
All management and employee personnel of all liquor establishments
within the Town shall have taken and been certified as having completed
the alcoholic services program administered by appropriate and recognized
agencies. 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.
(26)
In addition to the provisions as set forth in § 135-8, the license holder shall not allow minors to loiter in or around the premises. The license holder shall not permit the serving of alcoholic beverages to minors nor shall the license holder permit the serving of alcoholic beverages to persons who are intoxicated and in the licensee's judgment cannot reasonably be expected to be responsible for their own safety and the safety of others.
(27)
The licensee shall not allow minors to be seated or dine in
the area of the licensed premises designated as the "bar" area.
(28)
Any attempt to utilize false identification must be immediately
reported to the police.
(29)
All license holders must strictly comply with the conditions pertaining to minors. In addition to penalties as mandated by state law and as set forth in § 135-8, violations shall be considered cause for immediate suspension or revocation of the license.
(30)
The licensee shall review the rules and regulations set forth
in these conditions with all employees, agents, servants and representatives
thereof.
(31)
Such restrictions and regulations shall be acknowledged by the
license holder upon issuance of the license or any renewal thereof
and shall be binding upon all persons to whom the license is transferred.
Such licensee shall be bound and responsible for adherence hereto
by all his/her employees, agents and assignees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Pursuant to R.I.G.L. § 3-8-1, no alcoholic beverages
shall be sold to any person under the age of 21 at the time of the
purchase. All owners of alcoholic beverage establishments must utilized
a so-called "minor's book" to register any individual purchasing or
consuming alcoholic beverages whose appearance shall, to a prudent
person, seem to raise doubt as to the veracity of a claim of being
21 years of age. Any attempt to utilize a false identification must
be reported immediately to the Police Department. Minors shall not
be permitted to loiter on or around the premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notwithstanding any penalties established by the 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 of to exceed
$500 for each violation.
Alcoholic beverage licenses within the Town shall be limited
in quantity as follows:
|
Class of License
|
Maximum Number Issued
|
|---|---|
|
A
|
2
|
|
B-Limited
|
1
|
|
B-Tavern
|
2
|
|
B-Hotel
|
0
|
|
B-Victualer
|
6
|
|
C
|
0
|
|
D
|
1
|
|
D-Limited
|
0
|
