2013 -- H 5291

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LC00142

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

     Introduced By: Representatives Hearn, Slater, DeSimone, O'Brien, and Williams

     Date Introduced: February 06, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-7-16.6 of the General Laws in Chapter 3-7 entitled "Retail

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Licenses" is hereby amended to read as follows:

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     3-7-16.6. Class N nightclub license. -- (a) Notwithstanding any provision of this title to

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the contrary, any town or city council, by ordinance, may authorize the licensing authorities

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designated as having the right, power, and jurisdiction to issue licenses under this title pursuant to

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section 3-5-15 to designate and issue a special class of Class N nightclub licenses within its

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jurisdiction.

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      (b) A Class N license, when so authorized, shall be required by each establishment

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within the jurisdiction which:

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      (1) Has as its primary source of revenue the sale of alcoholic beverages and/or cover

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charges;

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      (2) Holds a Class B or Class ED license;

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      (3) Has a fire department occupancy permit of no less than two hundred (200) persons

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and no greater than ten thousand (10,000) persons; or any establishment with a fire department

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occupancy permit of less than two hundred (200) persons that holds an entertainment license.

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      (c) Any establishment with a Class N license which admits patrons under twenty-one

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(21) years of age on the premises of the establishment when alcoholic beverages are being sold,

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served, or permitted on the premises shall, during the time the patrons are permitted on the

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premises: No person under twenty-one (21) years of age shall be allowed on the premises

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licensed under this section.

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      (1) Require one form of identification. The identification shall contain the bearer's

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photograph, and must be one of the following: state driver's license, US military identification,

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state issued identification card, or passport, from every person claiming to be twenty-one (21)

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years of age or older;

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      (2) Identify patrons over twenty-one (21) years of age with both an identifiable hand

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stamp and a bracelet and shall require every patron to show both hand stamp and bracelet before

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purchasing an alcoholic beverage;

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      (3) Sell not more than one alcoholic beverage to an eligible patron in a single

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transaction, and shall prohibit a patron from carrying more than one alcoholic beverage from a

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bar or drink dispensing location;

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      (4) Not permit any patron who leaves the premises to be readmitted prior to closing

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without payment of the same admission or cover charge required of patrons entering the premises

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initially.

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      (d) The licensing authority of each town or city shall set the closing time for each

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establishment holding a Class N nightclub license within its jurisdiction pursuant to section 3-7-

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7(a)(1) and (a)(4), and notwithstanding other provisions of those subdivisions, an establishment

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holding a Class N nightclub license which is permitted to remain open until two o'clock (2:00)

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a.m., shall not admit patrons after one o'clock (1:00) a.m.

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      (e) The licensing authority of each town or city will establish the cost and duration of all

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Class N nightclub licenses issued by that authority.

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      (f) Notwithstanding the provisions of section 3-5-17, no licensing authority may issue a

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Class N nightclub license unless the following notice requirements have been met:

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      (1) Any establishment applying for a Class N nightclub license, or the renewal of that

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license, or which is the subject of a hearing relating to its Class N nightclub license, must provide

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the general public with notice of its application by posting a twenty-four (24) inch by thirty-six

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(36) inch notice on its premises, in a manner clearly visible to the general public, at least thirty

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(30) days prior to the hearing date before the licensing authority for the license, and at least thirty

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(30) days prior to hearings related to the license on appeal to the director. If any hearing is

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scheduled to occur in less than thirty (30) days, the applicant or Class N nightclub license holder

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must post this notice within three (3) business days after its receipt of notification of that hearing

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from the licensing authority or the director.

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      (2) The notice shall contain the name of the applicant and a description by street and

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number or other plain designation of the particular location for which the Class N nightclub

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license is requested. The notice shall state that remonstrants are entitled to be heard at the hearing

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on the Class N nightclub license, and shall provide the time and place of that hearing.

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      (g) Any establishment that holds a Class N nightclub license must:

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      (1) Comply with local ordinances governing noise levels;

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      (2) Cooperate with law enforcement officials;

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      (3) Provide private security for the safety of patrons both inside and outside the

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establishment, which private security must be certified by TIPS or a similar agency approved by

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the licensing authority; and

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      (4) Collect trash generated by the establishment every night that the establishment is

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open in an area surrounding the premises that is reasonable and prudent, given the size of the

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establishment.

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      (h) The licensing authority of each town or city will develop requirements for police

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details for the purposes of public safety and traffic control in and around the premise of each

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establishment holding a Class N nightclub license.

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      (i) (1) The licensing authority which has issued a license under this section may ban the

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admittance of persons under the age of twenty-one (21) on the licensee's premise:

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      (i) On certain nights; or

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      (ii) At certain times; or

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      (iii) At all times.

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      (2) Provided however, any ban under this subsection herein shall be supported by a

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finding that:

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      (i) The licensee has failed to implement measures designed to prevent underage

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drinking; and

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      (ii) The licensee has multiple violations of the provisions of one or more of the following

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sections: 3-8-1, 3-8-4 and/or 3-8-10.

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     SECTION 2. This act shall take effect upon passage.

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LC00142

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

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     This act would prohibit any person under twenty-one (21) years of age from a nightclub

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where alcoholic beverages are served.

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     This act would take effect upon passage.

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LC00142

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