Chapter 04-197

2004 -- H 7418 AS AMENDED

Enacted 06/28/04

A N A C T

RELATING TO SUNDAY SALE OF ALCOHOLIC BEVERAGES

Introduced By: Representatives T Brien, Rose, Laroche, Moura, and Picard

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Section 3-8-1 of the General Laws in Chapter 3-8 entitled "Regulation of

Sales" is hereby amended to read as follows:

3-8-1. Sales on Sundays and holidays -- Sales to underage persons, intoxicated

persons, and persons of intemperate habits. -- Licenses issued under this title shall ~~not~~

authorize the sale or service of beverages on Sunday, ~~nor~~ but not on Christmas day excepting

licensed taverns, clubs, victualing houses, and retail Class F licensed places when served with

food to guests, and except in places operated under a retail Class E license described in this title,

and excepting the sale of wine or winery products at retail pursuant to section 3-6-1.1(e)(4) by

holders of farmer-winery licenses and the serving of complimentary samples pursuant to section

3-6-1.1(g) by holders of farmer-winery licenses, and except in cars or on passenger-carrying

marine vessels operated by holders of Class G licenses. The department may limit the sale of

beverages on passenger-carrying marine vessels to the hours from twelve o'clock (12:00) p.m. to

six o'clock (6:00) p.m. on those days; nor shall they authorize the sale or delivery to any

underaged person as defined in this title for purposes of sale, possession and consumption of

alcoholic beverages, either for his or her own use or for the use of his or her parents, or of any

other person; or the sale of beverages to any intoxicated persons or to any person of notoriously

intemperate habits. Places operating under a retail Class C license are authorized to be open for

the sale of alcoholic beverages upon Columbus day, Armistice day, Victory day, provided

however, that a local board of license may authorize places operating under a Class C license to

be open on New Year's day. Places operating under a retail Class A license are not authorized to

be open for the sale of alcoholic beverages upon Thanksgiving day and New Year's day.

Provided, however, that holders of Class A licenses may open from no earlier than ~~ten o'clock~~

~~(10:00) a.m.~~ twelve noon (12:00) p.m. to no later than six o'clock (6:00) p.m. on Sundays. ~~from~~

~~the two (2) Sundays preceding Christmas and the Sunday immediately following Christmas.~~

SECTION 2. Section 5-23-2 of the General Laws in Chapter 5-23 entitled "Sunday

Business" is hereby amended to read as follows:

5-23-2. Licenses for Sunday and holiday business. -- (a) The town council of any town

shall grant licenses for the sale by retail establishments at any places in that town or city

designated in those licenses, on the first day of the week, Sunday, and on holidays enumerated in

section 5-23-1. However, no license shall be issued on December 25 of any year or on

Thanksgiving day, except to:

(1) Pharmacies licensed under chapter 19 of this title [repealed]with a licensed

pharmacist who is employed by the pharmacy and available on the premises to provide

pharmaceutical services during all hours of the pharmacy's operation on those days;

(2) Retail establishments which principally sell food products as defined in section 44-

18-30(9) and which employ fewer than six (6) 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 video cassette

tapes; and

(5) Retail establishments principally engaged in the preparation and/or sale of bakery

products.

(b) Retail establishments licensed pursuant to this section may be permitted to open for

business on Sundays between the hours of 12:00 noon and 6:00 P.M., except that pharmacies

licensed under chapter 19 of this title [repealed]and retail establishments which principally sell

food products as defined in section 44-18-30(9), and retail establishments engaged in the sale of

pools and pool supplies for the period beginning on March 1st and ending on November 30, may

be open during their normal working hours. Retail establishments licensed pursuant to this section

may be permitted to open for business during holidays on their normal business working hours.

The city of Newport and the towns of Westerly, Cumberland and Glocester each may, by

ordinance, authorize the retail establishments within their respective jurisdictions which are

licensed pursuant to this section to remain open for business on Sundays between the hours of

9:00 A.M. and 10:00 P.M. or any portion of those hours.

within its jurisdiction which are licensed pursuant to this section to remain open for business on

Sundays between the hours set by the ordinance.

(d) Retail establishments licensed pursuant to this section shall be exempt from the

provisions of ~~chapter 40 of title 11, entitled "Sunday Laws", and~~ chapter 1 of title 25, entitled

"Holidays and Days of Special Observance", and those establishments may sell any and all items

sold in the ordinary course of business with the exception of alcoholic beverages.

(e) All retail establishments may sell any and all items sold in the ordinary course of

business with the exception of alcoholic beverages after obtaining a license on those Sundays

between Thanksgiving day and Christmas between the hours of 10:00 A.M. and 7:00 P.M.

(f) Retail establishments engaged in the sale of cut flowers, floral products, plants,

shrubs, trees, fertilizer, seeds, bulbs and gardening accessories, metal goods, locks, tools, and

cutlery including any concession operated by or on the premises of a larger establishment, shall

be licensed, prior to the sale of those products, in accordance with this section; provided, that the

hours of operation on Sundays or holidays shall be between the hours of 9:00 A.M. and 6:00 P.M.

(g) Retail establishments engaged primarily in the sale and/or rental of video cassette

tapes shall be licensed in accordance with this section; provided, that the hours of operation on

Sundays and holidays may be between the hours of 10:00 A.M. and 10:00 P.M.

(h) All employees engaged in work during Sundays or holidays pursuant to the

provisions of this section shall receive from their employer no less than time and a half for the

work so performed and shall be guaranteed at least a minimum of four (4) hours employment;

except those employees referred to in section 28-12-4.3(a)(4), provided that the work performed

by the employee is strictly voluntary and refusal to work for any retail establishment on a Sunday

or holiday is not a ground for discrimination, dismissal, or discharge or any other penalty upon

the employee. The town council may fix and cause to be paid into the town treasury for each

license issued pursuant to this section a fee not to exceed the sum of one hundred dollars ($100)

and may fix the time or times when the license granted terminates; provided, that the town

council shall not charge a licensing fee to any charitable, benevolent, educational, philanthropic,

humane, patriotic, social service, civic, fraternal, police, fire, labor, or religious organization

which is not operated for profit.

(i) Retail establishments engaged principally in the preparation and/or sale of bakery

products and pharmacies shall be licensed prior to the sale of those products in accordance with

this section; provided, that the time and one half and voluntary work provisions do not apply.

(j) Each city or town council shall fix, limit and specify those rules, regulations, and

conditions relating to the granting, holding and exercising those licenses as it deems necessary or

advisable and as are not inconsistent with law, and may suspend or revoke any license by it

granted for more than two (2) violations of those rules, regulations, and conditions, during a

calendar year.

(k) Retail establishments engaged in the sale of bait and recreational fishing products

shall be licensed prior to the sale of those products in accordance with this section; provided, that

the hours of operation on Sundays and holidays shall be between the hours of 5:00 A.M. and 8:00

P.M. or any portion of those hours.

(l) Each city or town shall grant Class A licenses authorizing retail establishments which

sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell on

Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3 of the

general laws, provided that it shall not permit such sale prior to the hour of twelve noon (12:00

p.m.) or on Christmas day, if Christmas shall occur on a Sunday; provided further, that no

employee shall be required to work and refusal to work on a Sunday shall not be the grounds for

discrimination, dismissal, discharge, deduction of hours, or any other penalty.

SECTION 3. This act shall take effect upon passage.

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LC01104

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