Chapter
128
2005 -- S 81 SUBSTITUTE A AS AMENDED
Enacted 07/01/05
A N A C T
RELATING
TO BUSINESSES AND PROFESSIONS - SUNDAY BUSINESS
Introduced
By: Senators Badeau, Cote, Ciccone, Bates, and McBurney
Date Introduced: January 18, 2005
It is enacted by the General Assembly as
follows:
SECTION 1. The
title of Chapter 5-23 of the General Laws entitled "Sunday Business"
is
hereby amended to read as follows:
CHAPTER 23
SUNDAY HOLIDAY BUSINESS
SECTION 2.
Sections 5-23-1,
5-23-2 and 5-23-3 and 5-23-6 of the
General Laws in Chapter
5-23 entitled "Sunday Business" are
hereby amended to read as follows:
5-23-1. Definitions. -- (a) "Holiday",
whenever used in this chapter includes: New
Year's
Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day,
Veteran's
Day,
Thanksgiving Day (but only in those years that the governor by public
proclamation
designates
it as a legal holiday), and Christmas, or on any day which any enumerated
holiday is
officially
celebrated .
(b) "Retail establishment", whenever used in this chapter, includes
any business making
sales at
retail in this state, but this definition does not include victualing houses
principally
serving
prepared food for consumption on and off the premises, including those houses
licensed
under
chapter 24 of this title.
(c) "Town council", whenever used in this chapter, includes
"city council" except in the
city of
Providence where it means "bureau of licenses" and any duly constituted
licensing
authority
existing in any other city or town.
5-23-2. Licenses
for Sunday and holiday business. -- Licenses for holiday
business. --
(a) A retail establishment may be open on any
day of the year except as specifically prohibited
herein. A retail establishment shall not be open
on a holiday unless licensed by the appropriate
town council pursuant to this section. The city or town
council of any city or town shall grant
holiday 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. No license shall be issued on December 25 of
any year or on Thanksgiving Day, except to:
(1) Pharmacies
licensed under chapter 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;
(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 19.1 of this title 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)(c)
Retail establishments licensed pursuant to this section shall be exempt from
the
provisions of 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)(d)
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 city or town council may fix
and cause to be paid into the city or 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 city
or 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)(e)
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)(f)
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 granted by
it 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)(g)
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.
(m) Retail
establishments engaged in the sale of furniture 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 11:00 A.M. and 6:00 P.M. or any portion of
those hours.
5-23-3.
Works of necessity for which license not required. -- A license is not
required
for the sale upon the first day of the week,
Sunday, or on any of the following nine (9) other legal
holidays, to wit: New Year's Day, Memorial Day,
Fourth of July, Victory Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day
(but only in the years that the governor by
public proclamation designates that day as a
legal holiday) and Christmas Day, a holiday of
gasoline, oil, grease, automotive parts,
automotive servicing, or automotive accessories, or for the
conducting on that day by any farmers'
cooperative association of a wholesale auction market of
fruit, vegetables, and farm products, all of
which are declared to be works of necessity.
SECTION 3.
This act shall take effect upon passage.
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LC00630/SUB
A
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