Chapter 289
2011 -- S 1007 AS AMENDED
Enacted 07/12/11
A N A C T
RELATING TO
ALCOHOLIC BEVERAGES -- RETAIL LICENSES IN THE CITY OF
Introduced By: Senators Jabour, Pichardo, Ruggerio, and Goodwin
Date Introduced: June 01, 2011
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
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
section any proposed retailer Class B, C or I license
intended to be located within the following
described area(s) in the city of
(A) 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
Thence turning and
running northwesterly in part along the southerly line of Kingsley
Avenue to its intersection with the southerly line of
Thence turning and
running westerly along the southerly line of
intersection with the southerly line of
Thence turning and
running easterly along the southerly line of
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
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
Thence turning and
running northerly along the westerly shore line of the
River to its intersection with the southerly line of
Thence running
northwesterly across
of
Thence running
northerly in part along the southerly line of
the westerly line of
Thence turning and
running northerly along the westerly line of
intersection with the southerly line of
Thence turning and
running westerly along the southerly line of
and place of beginning.
(B) Beginning at a
point, that point being the intersection of the westerly line of Brook
Street and the northerly line of
Thence running in a
general westerly direction along the northerly line of Wickenden
Street to the intersection of
Thence running in a
general northerly direction along the easterly line of
to the intersection of
Thence turning and
running in an easterly direction along the southerly line of Sheldon
Street to the intersection of
Thence turning and
running in a general southerly line to the intersection of
and
(2) Notwithstanding the
provisions of this section, the board of licenses of the city of
proposed retailer Class B license intended to be located
within the following described area in the
city of
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
distance of sixty-two and one-tenth feet (62.1');
Thence turning and
running northerly to the southerly line of
one-hundred four and two-tenths feet (104.2');
Thence turning and
running westerly along the southerly line of
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
any proposed retailer Class B, C or I license intended to
be located within any zoning district in
the town of
district pursuant to the zoning ordinance of the town of
(4) Notwithstanding the
provisions of this section, the board of licenses of the town of
any proposed retailer Class B license intended to be
located on lot 34 of tax assessors plat 10 of
the
(5) Notwithstanding the
provisions of this section, the board of licenses for the city of
as to places of public worship any proposed sidewalk
cafe as defined in the Codified Ordinance
of the city of
license.
(6) Notwithstanding the
provisions of this section, the board of licenses of the city of
section any proposed retailer Class B license intended to be
located on lot 131 of tax assessors
plat 68 of the
Class B license intended to be located on lot 21 of
the tax assessors map plat 49 and any proposed
retailer class BV license intended to be located on lots 3 and
5 of tax assessors map plat 35 of the
(7) Notwithstanding the
provisions of this section, the board of licenses of the city of
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
2002; provided, however, as to the subsequent transfer
of said Class B license issued by the city
of
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
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
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
any proposed retailer Class B, C or I license intended to
be located within the following described
area in the city of
Beginning at the point
of intersection of
east along the
the
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
(9) Notwithstanding the
provisions of this section the town council of the town of Little
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
2004.
(10) Notwithstanding
the provisions of this section, the board of licenses of the town of
any proposed retailers' Class B license intended to be
located on lots 3, 18, and 19 of tax
assessors plat 10 of the
(11) Notwithstanding
the provisions of this section the town council of the town of
B, C or I license intended to be located on Plat 45,
Lot 042 of the town of
assessment map existing as of December 31, 2007.
(12) Notwithstanding
the provisions of this section, the board of licenses of the city of
section any proposed retailer Class B license intended to be
located on plat 13, lots 31 and 32 of
the applicable city of
(13) Notwithstanding
the provisions of this section, the board of licenses of the town of
Tiverton shall, after the application, have the
authority to exempt from the provisions of this
section a proposed retailer's
lot 1A.
(14) Notwithstanding
the provisions of this section, the board of licenses of the city of
section any proposed retailer's Class B license intended to
be located on tax assessor's plat 68, lot
732.
(15) Notwithstanding
the provisions of this section, the board of licenses in the city of
Providence shall, after application, have the authority to exempt from the provisions of this
section any proposed retailer’s Class B license intended to
be located on plat 105, lot 489 and plat
105, lot 12 of the applicable city of
SECTION 2. This act shall take effect upon passage.
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LC02777
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