[Adopted 6-10-1930; amended 6-20-1961, 8-5-1963,
4-13-1982], and 5-11-1982 (Ch. 12, Art. III, of the 1985 Code of Ordinances)]
Whenever used in this article, the following
terms shall have the meanings indicated:
Shall be deemed to include New Year's Day, Memorial Day,
Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day,
Thanksgiving Day (but only in such years as the Governor shall by
public proclamation designate such as a legal holiday) and Christmas,
or any day which any enumerated holiday is officially celebrated.
Includes any business making sales at retail, but this definition
shall not include victualing houses principally serving prepared food
for consumption on and off the premises, including those houses licensed
under G.L. 1956, Title 5, Chapter 24.
[1]
Editor's Note: State law references - Similar
provisions, G.L. 1956, § 5-23-1; general holidays enumerated,
G.L. 1956, § 25-1.1.
Every person licensed under the provisions of
this article and every servant or agent of this licensee, who shall
violate any provisions of such license or any of the rules, regulations
or any of the provisions of this article, shall be punished pursuant
to the provision of § 5-23-6 of the Rhode Island General
Laws.
[Amended 5-6-2008]
A.
The Town Council may grant licenses for the sale by retail establishments at any places in the Town designated in such licenses, on holidays enumerated in § 236-5, with the exception of December 25 of any year and Thanksgiving Day.
B.
Retail establishments licensed pursuant to this section
may be permitted to open for business during holidays on their normal
business working hours with the exception of December 25 of any year
and Thanksgiving Day.
C.
No license shall be issued on December 25 of any year
or on Thanksgiving Day, except to:
(1)
Pharmacies licensed under Chapter 19.1 of this title;
provided, however, that no drug (as defined in § 5-19.1-2)
or controlled substance (as defined in § 5-19.1-2) requiring
a prescription (as defined in § 5-19.1-2) shall be dispensed
or sold unless a licensed pharmacist-in-charge (as defined in § 5-19.1-2)
is available on the premises;
(2)
Retail establishments which principally sell food
products as defined in § 44-18-30(9) and which employ fewer
than six employees per shift at any one location;
(3)
Retail establishments principally engaged in the sale
of cut flowers, floral products, plants, shrubs, trees, fertilizers,
seeds, bulbs, and garden accessories;
(4)
Retail establishments principally engaged in the sale
and/or rental of videocassette tapes; and
(5)
Retail establishments principally engaged in the preparation
and/or sale of bakery products.
D.
A license is not required for the sale upon a holiday
of gasoline, oil, grease, automotive parts, automotive servicing,
or automotive accessories, or for the conduction on that day by any
farmers’ cooperative association of a wholesale auction market
of fruit, vegetables, and farm products.
E.
Any holiday license granted pursuant to this article
shall not authorize any sale, rental or operation at any place not
specified in the license.
F.
Any holiday license granted pursuant to this article
shall be displayed in a conspicuous place on the premises licensed.
[1]
Editor's Note: This section was originally
adopted 4-3-1913.
[Amended 1-7-1992; 5-6-2008]
Applicants requesting a holiday sales license
shall provide to the Town Clerk such information as he or she from
time to time may require. The fee for such license shall be $50 to
be paid to the Town Clerk prior to the Town Council's action on the
application. Such licenses at whatever time granted will expire on
the Thursday next following the first Wednesday in April, but may
at any time be revoked by the Town Council.
[Amended 5-6-2008]
Applicants requesting holiday sales licenses for periods of four days or less per annum may make application with the Town Clerk pursuant to the provisions of § 236-8. The fee for such license shall be $15.
A license issued under this article shall be
displayed in a conspicuous place on the premises licensed.
