Chapter 229

2004 -- S 2926 SUBSTITUTE A AS AMENDED

Enacted 07/01/04

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- SUNDAY BUSINESS

Introduced By: Senators DaPonte, Damiani, and F Caprio

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. 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 19.1 of this title; provided, however, that no

drug (as defined in section 5-19.1-2) or controlled substance (as defined in section 5-19.1-2)

requiring a prescription (as defined in section 5-19.1-2) shall be dispensed or sold unless a

licensed pharmacist-in-charge (as defined in section 5-19.1-2) is available on the premises;

[repealed]with a licensed pharmacist who is employed by the pharmacy and available on the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licensed under chapter 19 of this title [repealed] and retail establishments which principally sell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.

      (c) The town of New Shoreham may, by ordinance, authorize the retail establishments

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.

     SECTION 2. This act shall take effect upon passage.

=======

LC02121/SUB A

=======