RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES -- CLASS N NIGHTCLUB LICENSES
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Introduced By: Senators Roney, and Goodwin |
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Date Introduced: February 07, 2002 |
It is enacted
by the General Assembly as follows:
SECTION 1. Chapter 3-7 of the General Laws entitled "Retail Licenses" is hereby amended by adding thereto the following section:
3-7-16.6. Class N
nightclub license. -- (a)
Notwithstanding any provision of this title to the contrary, any town or city
council, by ordinance, may authorize the licensing authorities designated as
having the right, power, and jurisdiction to issue licenses under this title
pursuant to section 3-5-15 to designate and issue a special class of Class N
nightclub licenses within its jurisdiction.
(b) A Class N license,
when so authorized, shall be required by each establishment within the
jurisdiction which:
(1) has as its primary source of revenue the sale of alcoholic
beverages and/or cover charges; and
(2) holds a Class B or Class ED license; and
(3) has a fire department occupancy permit of no less than two
hundred (200) persons and no greater than ten thousand (10,000) persons; and
(4) any establishment with a fire department occupancy permit
of less than two hundred (200) persons that holds an entertainment license.
(c) Any establishment with a Class N license which admits
patrons under twenty-one (21) years of age on the premises of such
establishment when alcoholic beverages are being sold, served or permitted on
the premises shall, during the time such patrons are permitted on the premises:
(1) Require one (1) form of identification. The identification shall contain the
bearer's photograph, and must be one of the following: state driver's license;
US military identification; state issued identification card; or passport, from
every person claiming to be twenty-one (21) years of age or older;
(2) Shall identify patrons over twenty-one (21) years of age
with both an identifiable hand stamp and a bracelet and shall require every
patron to show both hand stamp and bracelet before purchasing an alcoholic
beverage;
(3) Shall sell not more than one (1) alcoholic beverage to an
eligible patron in a single transaction, and shall prohibit a patron from
carrying more than one (1) alcoholic beverage from a bar or drink dispensing
location;
(4) Shall not permit any patron who leaves the premises to be
readmitted prior to closing without payment of the same admission or cover
charge required of patrons entering the premises initially.
(d) The licensing authority of each town or city shall set the
closing time for each establishment holding a Class N nightclub license within
its jurisdiction pursuant to subsections 3-7-7(a)(1) and 3-7-7(a)(4), and
notwithstanding other provisions of these subsections, an establishment holding
a Class N nightclub license which is permitted to remain open until two o'clock
(2:00) a.m., shall not admit patrons after one o'clock (1:00) a.m.
(e) The licensing authority of each town or city will establish
the cost and duration of all Class N nightclub licenses issued by that
authority.
(f) Notwithstanding the provisions of section 3-5-17, no
licensing authority may issue a Class N nightclub license unless the following
notice requirements have been met:
(1) Any establishment applying for a Class N nightclub license,
or the renewal of such license, or which is the subject of a hearing relating
to its Class N nightclub license, must provide the general public with notice
of its application by posting a twenty-four (24) inch by thirty-six (36) inch
notice on its premises, in a manner clearly visible to the general public, at
least thirty (30) days prior to the hearing date before the licensing authority
for such license, and at least thirty (30) days prior to hearings related to
such license on appeal to the director.
If any hearing is scheduled to occur in less than thirty (30) days, the
applicant or Class N nightclub license holder, must post this notice within
three (3) business days after its receipt of notification of that hearing from
the licensing authority or the director.
(2) The notice shall contain the name of the applicant and a
description by street and number or other plain designation of the particular
location for which the Class N nightclub license is requested. The notice shall state that remonstrants are
entitled to be heard at the hearing on the Class N nightclub license, and shall
provide the time and place of that hearing.
(g) Any establishment that holds a Class N nightclub license
must:
(1) comply with local ordinances governing noise levels;
(2) cooperate with law enforcement officials;
(3) provide private security for the safety of patrons both
inside and outside the establishment, which private security must be certified
by TIPS or a similar agency approved by the licensing authority;
(4) collect trash generated by the establishment every night
that the establishment is open in an area surrounding the premises that is
reasonable and prudent, given the size of the establishment; and
(5) for any establishment which admits patrons under twenty-one
(21) years of age on the premises, provide a mandatory police detail of not
less than two (2) police officers, on those nights when patrons under
twenty-one (21) years of age are admitted, and said detail shall continue until
at least one (1) hour after closing.
(h) The licensing authority of each town or city will develop requirements for police details for the purposes of public safety and traffic control in and around the premise of each establishment holding a Class N nightclub license.
SECTION 2. Chapter 11-18 of the General Laws entitled "Fraud and False Dealing" is
hereby amended by adding thereto the following section:
11-18-20.1. Possession of
false identification. --
The possession of a motor vehicle operator's
license card or other documents commonly used to identify the bearer containing
a photograph of the possessor, but with the name, or date of birth of a person
other than that of the possessor shall be punishable by a fine of not more than
five hundred dollars ($500).
SECTION 3. This act shall take effect upon passage.