Chapter
376
2005 -- S 1206
Enacted 07/19/05
A N A C T
RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES
Introduced By: Senator June N. Gibbs
Date Introduced: June 29, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Section 3-7-19 of the General Laws in Chapter 3-7 entitled "Retail
Licenses"
is hereby amended to read as follows:
3-7-19.
Objection by adjoining property owners -- Proximity to schools and
churches.
-- (a) Retailers' Class B, C and
I licenses under this chapter shall not be issued to
authorize
the sale of beverages in any building where the owner of the greater part of
the land
within
two hundred feet (200') of any point of the building files with the body or
official having
jurisdiction
to grant licenses his or her objection to the granting of the license, nor in
any building
within
two hundred feet (200') of the premises of any public, private, or parochial
school or a
place of
public worship. In the city of East Providence, retailer's Class A licenses
shall not be
issued
to authorize the sale of beverages in any building within five hundred feet
(500') of the
premises
of any public, private, or parochial school or a place of public worship.
(b) As used in this section, "private school" means any nonpublic
institution of
elementary
or secondary (K-12th Grade) education, accredited or recognized as a private
school
by the
department of elementary and secondary education or the school committee of the
city or
town
having jurisdiction over private schools.
(c) This section shall not apply to any Class B or C license holder whose
license was
issued
prior to January 1, 1978, nor shall this section apply to or constitute the
basis of an
objection
to or disapproval of the transfer of a Class B or C license where the location
of the
licensed
establishment predates the location of the public, private, or parochial school
or place of
public
worship.
(d) (1) Notwithstanding the provisions of this section, the board of licenses
of the city of
Providence
shall, after application, have the authority to exempt from the provisions of
this
section
any proposed retailer Class B, C or I license intended to be located within the
following
described
area in the city of Providence:
Beginning at a point, that point being the intersection of the southerly line
of Smith
Street
and the easterly taking line of Interstate Route 95;
Thence running in a general southwesterly direction along the easterly taking
line of
Interstate
Route 95 to the center line of Kingsley Avenue;
Thence turning and running northwesterly in part along the southerly line of
Kingsley
Avenue
to its intersection with the southerly line of Harris Avenue;
Thence turning and running westerly along the southerly line of Harris Avenue
to its
intersection
with the southerly line of Atwells Avenue;
Thence turning and running easterly along the southerly line of Atwells Avenue
to the
easterly
taking line of Interstate Route 95;
Thence turning and running in a general southerly and southeasterly direction
along the
easterly
taking line of Interstate Route 95 to the center line of Pine Street;
Thence turning and running northeasterly along the northerly taking line of
I-195 to its
intersection
with the northerly taking line of I-195;
Thence turning and running northeasterly along the northerly taking line of
I-195 to its
intersection
with the westerly shore line of the Providence River;
Thence turning and running northerly along the westerly shore line of the
Providence
River to
its intersection with the southerly line of Crawford Street;
Thence running northwesterly across Dyer Street to the intersection of the
westerly line
of Dyer
Street to the southerly line of Custom House Street;
Thence running northerly in part along the southerly line of Dyer Street and in
part along
the
westerly line of Market Square to its intersection with the westerly line of
Canal Street;
Thence turning and running northerly along the westerly line of Canal Street to
its
intersection
with the southerly line of Smith Street;
Thence turning and running westerly along the southerly line of Smith Street to
the point
and
place of beginning.
(2) Notwithstanding the provisions of this section, the board of licenses of
the city of
Newport
shall, after application, have authority to exempt from the provisions of this
section any
proposed
retailer Class B license intended to be located within the following described
area in the
city of
Newport:
Beginning at a point, that point being the intersection of the northerly line
of Touro
Street
and the easterly line of Spring Street;
Thence running in a general easterly direction along the northerly line of
Touro Street
distance
of sixty-two and one-tenth feet (62.1');
Thence turning and running northerly to the southerly line of Barney Street a
distance of
one-hundred
four and two-tenths feet (104.2');
Thence turning and running westerly along the southerly line of Barney Street a
distance
of
sixteen and five-tenths feet (16.5');
Thence turning and running southerly a distance of twenty-nine feet (29');
Thence turning and running southwesterly to the easterly line of Spring Street,
a distance
of
sixty-four feet (64');
Thence turning and running southerly along the easterly line of Spring Street a
distance
of
fifty-six and eight-tenths feet (56.8') to the point and place of beginning.
(3) Notwithstanding the provisions of this section, the board of licenses of
the town of
Warren
shall, after application, have the authority to exempt from the provisions of
this section
any proposed
retailer Class B, C or I license intended to be located within any zoning
district in
the town
of Warren which is designated as a limited business district or as a general
business
district
pursuant to the zoning ordinance of the town of Warren.
(4) Notwithstanding the provisions of this section, the board of licenses of
the town of
Bristol
shall, after application, have the authority to exempt from the provisions of
this section
any
proposed retailer Class B license intended to be located on lot 34 of tax
assessors plat 10 of
the
Bristol tax assessors map as of December 31, 1999.
(5) Notwithstanding the provisions of this section, the board of licenses for
the city of
Newport
shall, after application, have the authority to exempt from the provisions of
this section
as to
places of public worship any proposed sidewalk cafe as defined in the Codified
Ordinance
of the
city of Newport, provided that the applicant be an existing holder of a
Retailers' Class B
license.
(6) Notwithstanding the provisions of this section, the board of licenses of
the city of
Providence
shall, after application, have the authority to exempt from the provisions of
this
section
any proposed retailer Class B license intended to be located on lot 131 of tax
assessors
plat 68
of the Providence tax assessors map as of December 31, 1999.
(7) Notwithstanding the provisions of this section, the board of licenses of
the city of
Cranston
shall, after application, have the authority to exempt from the provisions of
this section
any
proposed retailer Class B license intended to be located on either lot 160 of
tax assessor's plat
9,
and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map
as of December 31,
2002;
provided, however, as to the subsequent transfer of said Class B license issued
by the city
of
Cranston under this exemption, whether said transfer is attributable to the
holder's death or
otherwise,
any person desiring to become the potential transferee of said Class B license
shall
comply
with those restrictions as to its use (and shall refrain from those activities
which result in
its
reversion) set forth in the city of Cranston Memorandum of Understanding dated
May 13,
2003
and, in addition, those requirements applicable to anyone who desires to become
a
transferee
of a validly issued and outstanding Class B license designated for use in any
location in
the
State of Rhode Island. Neither the exemption granted herein nor any future
exemption granted
hereafter
shall be effective until the proposed Class B license and the underlying
property owner
is
certified to be current in the payment of any and all local and state taxes.
(8) Notwithstanding the provisions of this section, the board of licenses of the
city of
Pawtucket
shall, after application, have the authority to exempt from the provisions of
this section
any
proposed retailer Class B, C or I license intended to be located within the
following described
area in
the city of Pawtucket:
Beginning at the point of intersection of Dexter Street and the Central Falls
line, then
east
along the Central Falls line to the Blackstone River, then north along the city
boundary on
the
Blackstone River to the Cumberland line, then west along the Pawtucket city
boundary line to
I-95,
then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right
of Way,
then
northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter
Street to
the
Central Falls line.
(9)
Notwithstanding the provisions of this section the town council of the town of
Little
Compton,
after application, is authorized to exempt from the provisions of this section
relating to
places
of worship any class B license limited to malt and vinous beverages intended to
be located
on
Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of
December 31,
2004.
SECTION 2. This act shall
take effect upon passage.
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LC03628
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