2022 -- S 2907

========

LC005846

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

     

     Introduced By: Senator Samuel D. Zurier

     Date Introduced: April 26, 2022

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 3-7-19 of the General Laws in Chapter 3-7 entitled "Retail Licenses"

2

is hereby amended to read as follows:

3

     3-7-19. Objection by adjoining property owners -- Proximity to schools and churches.

4

     (a) Retailers' Class B, C, N and I licenses, and any license provided for in ยง 3-7-16.8 of

5

this chapter, shall not be issued to authorize the sale of beverages in any building where the owner

6

of the greater part of the land within two hundred feet (200') of any point of the building files with

7

the body or official having jurisdiction to grant licenses his or her objection to the granting of the

8

license, nor in any building within two hundred feet (200') of the premises of any public, private,

9

or parochial school or a place of public worship. In the city of East Providence, retailer's Class A

10

licenses shall not be issued to authorize the sale of beverages in any building within five hundred

11

feet (500') of the premises of any public, private, or parochial school, or a place of public worship.

12

     (b) As used in this section, "private school" means any nonpublic institution of elementary

13

or secondary (K-12th grade) education, accredited or recognized as a private school by the

14

department of elementary and secondary education or the school committee of the city or town

15

having jurisdiction over private schools.

16

     (c) This section shall not apply to any Class B or C license holder whose license was issued

17

prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to,

18

or disapproval of, the transfer of a Class B or C license where the location of the licensed

19

establishment predates the location of the public, private, or parochial school, or place of public

 

1

worship.

2

     (d)(1) Notwithstanding the provisions of this section, the board of licenses of the city of

3

Providence shall, after application, have the authority to exempt from the provisions of this section

4

any proposed retailer Class B, C, or I license intended to be located within the following described

5

area(s) in the city of Providence:

6

     (A) Beginning at a point, that point being the intersection of the southerly line of Smith

7

Street and the easterly taking line of Interstate Route 95;

8

     Thence running in a general southwesterly direction along the easterly taking line of

9

Interstate Route 95 to the center line of Kingsley Avenue;

10

     Thence turning and running northwesterly in part along the southerly line of Kingsley

11

Avenue to its intersection with the southerly line of Harris Avenue;

12

     Thence turning and running westerly along the southerly line of Harris Avenue to its

13

intersection with the southerly line of Atwells Avenue;

14

     Thence turning and running easterly along the southerly line of Atwells Avenue to the

15

easterly taking line of Interstate Route 95;

16

     Thence turning and running in a general southerly and southeasterly direction along the

17

easterly taking line of Interstate Route 95 to the center line of Pine Street;

18

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

19

intersection with the northerly taking line of I-195;

20

     Thence turning and running northeasterly along the northerly taking line of I-195 to its

21

intersection with the westerly shore line of the Providence River;

22

     Thence turning and running northerly along the westerly shore line of the Providence River

23

to its intersection with the southerly line of Crawford Street;

24

     Thence running northwesterly across Dyer Street to the intersection of the westerly line of

25

Dyer Street to the southerly line of Custom House Street;

26

     Thence running northerly in part along the southerly line of Dyer Street and in part along

27

the westerly line of Market Square to its intersection with the westerly line of Canal Street;

28

     Thence turning and running northerly along the westerly line of Canal Street to its

29

intersection with the southerly line of Smith Street;

30

     Thence turning and running westerly along the southerly line of Smith Street to the point

31

and place of beginning.

32

     (B) Beginning at a point, that point being the intersection of the westerly line of Brook

33

Street and the northerly line of Wickenden Street;

34

     Thence running in a general westerly direction along the northerly line of Wickenden Street

 

LC005846 - Page 2 of 11

1

to the intersection of Wickenden Street and Benefit Street;

2

     Thence running in a general northerly direction along the easterly line of Benefit Street to

3

the intersection of Benefit Street and Sheldon Street;

4

     Thence turning and running in an easterly direction along the southerly line of Sheldon

5

Street to the intersection of Sheldon Street and Brook Street;

6

     Thence turning and running in a general southerly line to the intersection of Brook Street

7

and Wickenden Street that being the point of beginning.

8

     (2) Notwithstanding the provisions of this section, the board of licenses of the city of

9

Newport shall, after application, have authority to exempt from the provisions of this section any

10

proposed retailer Class B license intended to be located within the following described area in the

11

city of Newport:

12

     Beginning at a point, that point being the intersection of the southerly line of Broadway

13

and the easterly line of Courthouse Square;

14

     Thence running in a general northeasterly direction along the southerly line of Broadway

15

a distance of one hundred and two feet (102') to a point at the southeasterly corner of land now or

16

formerly owned by the Newport Historical Society;

17

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

18

(98.9') along the southwesterly border of land now or formerly owned by the Newport Historical

19

Society;

20

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112')

21

to Courthouse Street; and

22

     Thence turning and running in a generally northwesterly direction along Courthouse Street

23

for a distance of ninety feet (90') to the point and place of beginning.

24

     (3) Notwithstanding the provisions of this section, the board of licenses of the town of

25

Warren shall, after application, have the authority to exempt from the provisions of this section any

26

proposed retailer Class B, C, or I license intended to be located within any zoning district in the

27

town of Warren which is designated as a limited business district or as a general business district

28

pursuant to the zoning ordinance of the town of Warren.

29

     (4) Notwithstanding the provisions of this section, the board of licenses of the town of

30

Bristol shall, after application, have the authority to exempt from the provisions of this section any

31

proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the

32

Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk

33

contiguous to said lot.

34

     (5) Notwithstanding the provisions of this section, the board of licenses for the city of

 

LC005846 - Page 3 of 11

1

Newport shall, after application, have the authority to exempt from the provisions of this section as

2

to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the

3

city of Newport, provided that the applicant be an existing holder of a Retailers' Class B license.

4

     (6) Notwithstanding the provisions of this section, the board of licenses of the city of

5

Providence shall, after application, have the authority to exempt from the provisions of this section

6

any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of

7

the Providence tax assessors map as of December 31, 1999 and any proposed retailer Class B

8

license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer

9

class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

10

Providence tax assessors map as of December 31, 2003.

11

     (7) Notwithstanding the provisions of this section, the board of licenses of the city of

12

Cranston shall, after application, have the authority to exempt from the provisions of this section

13

any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

14

9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

15

2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of

16

Cranston under this exemption, whether said transfer is attributable to the holder's death or

17

otherwise, any person desiring to become the potential transferee of said Class B license shall

18

comply with those restrictions as to its use (and shall refrain from those activities which result in

19

its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003

20

and, in addition, those requirements applicable to anyone who desires to become a transferee of a

21

validly issued and outstanding Class B license designated for use in any location in the state of

22

Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter

23

shall be effective until the proposed Class B license and the underlying property owner is certified

24

to be current in the payment of any and all local and state taxes.

25

     (8) Notwithstanding the provisions of this section, the board of licenses of the city of

26

Pawtucket shall, after application, have the authority to exempt from the provisions of this section

27

any proposed retailer Class B, C, or I license intended to be located within the following described

28

area in the city of Pawtucket:

29

     Beginning at the point of intersection of Dexter Street and the Central Falls line, then east

30

along the Central Falls line to the Blackstone River, then north along the city boundary on the

31

Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-

32

95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then

33

northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the

34

Central Falls line.

 

LC005846 - Page 4 of 11

1

     (9) Notwithstanding the provisions of this section the town council of the town of Little

2

Compton, after application, is authorized to exempt from the provisions of this section relating to

3

places of worship any class B license limited to malt and vinous beverages intended to be located

4

on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

5

2004.

6

     (10) Notwithstanding the provisions of this section, the board of licenses of the town of

7

Bristol shall, after application, have the authority to exempt from the provisions of this section any

8

proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

9

10 of the Bristol tax assessors map as of December 31, 2007.

10

     (11) Notwithstanding the provisions of this section the town council of the town of

11

Smithfield, after application, is authorized to exempt from the provisions of this section, any class

12

B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

13

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

14

only to any renewal of any class B, C, or I license issued for use at the said premises located on

15

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

16

exemption is hereby repealed in its entirety.

17

     (12) Notwithstanding the provisions of this section, the board of licenses of the city of

18

Providence shall, after application, have the authority to exempt from the provisions of this section

19

any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the

20

applicable city of Providence tax assessment map.

21

     (13) Notwithstanding the provisions of this section, the board of licenses of the town of

22

Tiverton shall, after the application, have the authority to exempt from the provisions of this section

23

a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181, lot 1A.

24

     (14) Notwithstanding the provisions of this section, the board of licenses of the city of

25

Providence shall, after application, have the authority to exempt from the provisions of this section

26

any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot 732.

27

     (15) Notwithstanding the provisions of this section, the board of licenses in the city of

28

Providence shall, after application, have the authority to exempt from the provisions of this section

29

any proposed retailer's Class B license intended to be located on plat 105, lot 489, plat 105, lot 12

30

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

31

     (16) Notwithstanding the provisions of this section the city council of the city of Central

32

Falls, shall, after application, have the authority to exempt from the provisions of this section any

33

proposed retailer's Class B license intended to be located on plat 5, lot 188 of the applicable city of

34

Central Falls tax assessment map.

 

LC005846 - Page 5 of 11

1

     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

2

Portsmouth shall, after application, have the authority to exempt from the provisions of this section

3

any proposed retailer's Class B license intended to be located on plat 37, lot 69 of the applicable

4

town of Portsmouth tax assessment map.

5

     (18) Notwithstanding the provisions of this section, the board of licenses of the town of

6

North Providence shall, after application, have the authority to exempt from the provisions of this

7

section any proposed retailer's Class B license intended to be located on plat 23A, lot 98 of the

8

applicable town of North Providence tax assessment map.

9

     (19) Notwithstanding the provisions of this section, the board of licenses of the city of

10

Cranston shall, after application, have the authority to exempt from the provisions of this section

11

any proposed retailer's Class B license intended to be located on Plat 11, lot 3558 of the applicable

12

city of Cranston tax assessment map.

13

     (20) Notwithstanding the provisions of this section, the town council of the town of

14

Smithfield, after application, is authorized to exempt from the provisions of this section, any Class

15

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

16

as of December 31, 2012.

17

     (21) Notwithstanding the provisions of this section, the board of licenses of the city of

18

Cranston shall, after application, have the authority to exempt from the provisions of this section

19

any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

20

applicable city of Cranston tax assessment map as of December 31, 2012.

21

     (22) Notwithstanding the provisions of this section, the board of licenses in the city of

22

Providence shall, after application, have the authority to exempt from the provisions of this section

23

any proposed retailer's Class B license intended to be located on tax assessor's plat 43, lot 211.

24

     (23) Notwithstanding the provisions of this section, the board of licenses of the town of

25

North Providence shall, after application, have the authority to exempt from the provisions of this

26

section any proposed retailer's Class B license intended to be located on Plat 22A, Lot 336, of the

27

applicable town of North Providence tax assessment map.

28

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

29

Falls shall, after application, have the authority to exempt from the provisions of this section any

30

proposed retailer's Class B license intended to be located on plat 1, lot 164 of the applicable city of

31

Central Falls tax assessment map.

32

     (25) Notwithstanding the provisions of this section, the board of licenses in the city of

33

Providence shall, after application, have the authority to exempt from the provisions of this section

34

any proposed retailer's Class B license intended to be located at 1948-1950 Westminster Street on

 

LC005846 - Page 6 of 11

1

plat 35, lot 359 of the applicable city of Providence tax assessment map.

2

     (26) Notwithstanding the provisions of this section, the town council of the town of

3

Middletown, after application, is authorized to exempt from the provisions of this section, any

4

proposed retailer's Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

5

Middletown's tax assessor's maps as of December 31, 2014.

6

     (27) Notwithstanding the provisions of this section, the board of licenses of the city of

7

Providence shall, after application, have the authority to exempt from the provisions of this section

8

any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

9

city of Providence tax assessor's map.

10

     (28) Notwithstanding the provisions of this section, the board of licenses of the city of

11

Providence shall, after application, have the authority to exempt from the provisions of this section

12

any proposed retailer's Class BV license intended to be located at 226 and 230 Dean Street on plat

13

25, lot 44 of the applicable city of Providence tax assessment map.

14

     (29) Notwithstanding the provisions of this section, the board of licenses of the town of

15

East Greenwich shall, after application, have the authority to exempt from the provisions of this

16

section any proposed retailer's Class B license intended to be located at 219 Main Street on map/lot

17

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

18

     (30) Notwithstanding the provisions of this section, the board of licenses of the town of

19

East Greenwich shall, after application, have the authority to exempt from the provisions of this

20

section any proposed retailer's Class B license intended to be located at 137 Main Street on map/lot

21

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

22

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

23

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

24

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

25

Greenwich tax assessment map.

26

     (31) Notwithstanding the provisions of this section, the board of licenses of the town of

27

Lincoln shall, after application, have the authority to exempt from the provisions of this section any

28

proposed retailers' Class B license intended to be located on tax assessor's plat 10, lot 108, of the

29

Lincoln tax assessor's map as of December 31, 2015.

30

     (32) Notwithstanding the provisions of this section, the board of licenses of the city of

31

Providence shall, after application, have the authority to exempt from the provisions of this section

32

any proposed retailer's Class C license intended to be located at 215 Dean Street on plat 28, lot 961

33

of the applicable city of Providence tax assessment map.

34

     (33) Notwithstanding the provisions of this section, the board of licenses in the city of

 

LC005846 - Page 7 of 11

1

Providence shall, after application, have the authority to exempt from the provisions of this section

2

any proposed retailer's Class B license intended to be located at 100-102 Hope Street on plat 16,

3

lot 263 of the applicable city of Providence tax assessment map.

4

     (34) Notwithstanding the provisions of this section, the board of licenses in the town of

5

Cumberland shall, after application, have the authority to exempt from the provisions of this section

6

any proposed retailer's Class B license intended to be located at 88 Broad Street on Lots 32, 51,

7

and 52 of Plat 2 Cumberland tax assessor's map as of December 31, 2016.

8

     (35) Notwithstanding the provisions of this section, the board of licenses in the city of

9

Providence shall, after application, have the authority to exempt from the provisions of this section

10

any proposed retailer's Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset

11

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor's map

12

as of December 31, 2017.

13

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

14

Falls shall, after application, have the authority to exempt from the provisions of this section any

15

proposed retailer's Class B license intended to be located on Plat 1, of Lot 171 of the applicable

16

city of Central Falls tax assessment map.

17

     (37) Notwithstanding the provisions of this section, the board of licenses in the city of

18

Providence shall, after application, have the authority to exempt from the provisions of this section

19

any proposed retailer's Class BV and Class BX license intended to be located at 161 Douglas

20

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

21

     (38) Notwithstanding the provisions of this section, the board of licenses in the city of

22

Providence shall, after application, have the authority to exempt from the provisions of this section

23

any proposed retailers' Class B license intended to be located at 1007 Broad Street, Plat 53, Lot 192

24

of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot 582 of

25

the applicable city of Providence tax assessment map.

26

     (39) Notwithstanding the provisions of this section, the city council in the city of

27

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

28

any proposed retailer's Class B license intended to be located at 122 North Main Street, Map/Lot

29

130-125-005 of the applicable city of Woonsocket tax assessment map.

30

     (40) Notwithstanding the provisions of this section, the city council of the city of

31

Woonsocket, after application, is authorized to exempt from the provisions of this section, any

32

proposed retailers' class BV and class BM license intended to be located between 2 Main Street

33

(tax assessor's plat 14, lot 284) and 194 Main Street (tax assessor's plat 14, lot 139).

34

     (41) Notwithstanding the provisions of this section, the board of licenses in the city of

 

LC005846 - Page 8 of 11

1

Providence shall, after application, have the authority to exempt from the provisions of this section

2

any proposed retailers' Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

3

of the applicable city of Providence tax assessment map.

4

     (42) Notwithstanding the provisions of this section, the board of licenses in the city of

5

Providence shall, after application, have the authority to exempt from the provisions of this section

6

any proposed retailers' Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

7

566 of the applicable city of Providence tax assessment map.

8

     (43) Notwithstanding the provisions of this section, the board of licenses in the city of

9

Providence shall, after application, have the authority to exempt from the provisions of this section

10

any proposed retailers' Class B license intended to be located at 464-468 Wickenden Street, also

11

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

12

map.

13

     (44) Notwithstanding the provisions of this section, the town council of the town of

14

Westerly shall, after application, have the authority to exempt from the provisions of this section

15

any proposed retailers' Class B license intended to be located at 114 Granite Street, Westerly, RI

16

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

17

     (45) Notwithstanding the provisions of this section, the board of licenses in the city of

18

Woonsocket shall, after application, have the authority to exempt from the provisions of this section

19

any proposed retailers' Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

20

205 of the applicable city of Woonsocket tax assessment map.

21

     (46) Notwithstanding the provisions of this section, the board of licenses of the city of

22

Providence shall, after application, have the authority to exempt from the provisions of this section

23

any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford

24

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

25

     (47) Notwithstanding the provisions of this section, the town council of the town of

26

Westerly shall, after application, have the authority to exempt from the provisions of this section

27

any proposed retailers' Class B license intended to be located at 169 and 177 Main Street, Westerly,

28

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

29

     (48) Notwithstanding the provisions of this section, the city council of the city of East

30

Providence shall, after application, have the authority to exempt from the provisions of this section

31

any proposed retailers' Class B license intended to be located at 332 Bullock Point Avenue, East

32

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

33

tax assessment map.

34

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

 

LC005846 - Page 9 of 11

1

the city of Pawtucket shall, after application, have the authority to exempt from the provisions of

2

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

3

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

4

assessment map existing as of March 1, 2021.

5

     (50) Notwithstanding the provisions of this section, the board of licenses in the town of

6

Jamestown, after application, has the authority to exempt from the provisions of this section any

7

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

8

207 of the applicable town of Jamestown tax assessment map.

9

     (51) Notwithstanding the provisions of this section, the board of licenses of the city of

10

Providence, shall after application, have the authority to exempt from the provisions of this section

11

any proposed retailer Class BV and Class P license intended to be located at 203-209 Douglas

12

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

13

     (52) Notwithstanding the provisions of this section, the board of licenses of the city of East

14

Providence shall, after application, have the authority to exempt from the provisions of this section

15

any proposed retailer's Class B license intended to be located at 130 Taunton Avenue, Map 106,

16

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

17

     (53) Notwithstanding the provisions of this section, the town council of the town of

18

Barrington shall, after application, have the authority to exempt from the provisions of this section

19

any proposed retailers' Class B license intended to be located at 305 Sowams Road, Barrington,

20

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

21

     (54) Notwithstanding the provisions of this section, the board of licenses of the city of

22

Providence shall, after application, have the authority to exempt from the provisions of this section

23

any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot 595 of

24

the applicable city of Providence tax assessment map.

25

     (55) Notwithstanding the provisions of this section, the board of licenses of the city of

26

Providence shall, after application, have the authority to exempt from the provisions of this section

27

any proposed retailer Class B license intended to be located at 12 Governor Street, Plat 17, Lot 180

28

of the applicable city of Providence tax assessment map.

29

     SECTION 2. This act shall take effect upon passage.

========

LC005846

========

 

LC005846 - Page 10 of 11

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

***

1

     This act would grant the Providence board of licenses the authority to exempt from the

2

provisions of the laws concerning the proximity of a Class B license retailer to schools and

3

churches, property located at 12 Governor Street in the city of Providence.

4

     This act would take effect upon passage.

========

LC005846

========

 

LC005846 - Page 11 of 11