2012 -- S 3037

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LC02740

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

     Introduced By: Senator Christopher S. Ottiano

     Date Introduced: May 31, 2012

     Referred To: Senate Special Legislation and Veterans Affairs

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-7-19 of the General Laws in Chapter 3-7 entitled "Retail

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Licenses" is hereby amended to read as follows:

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     3-7-19. Objection by adjoining property owners -- Proximity to schools and

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churches. -- (a) Retailers' Class B, C and I licenses under this chapter shall not be issued to

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authorize the sale of beverages in any building where the owner of the greater part of the land

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within two hundred feet (200') of any point of the building files with the body or official having

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jurisdiction to grant licenses his or her objection to the granting of the license, nor in any building

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within two hundred feet (200') of the premises of any public, private, or parochial school or a

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place of public worship. In the city of East Providence, retailer's Class A licenses shall not be

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issued to authorize the sale of beverages in any building within five hundred feet (500') of the

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premises of any public, private, or parochial school or a place of public worship.

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      (b) As used in this section, "private school" means any nonpublic institution of

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elementary or secondary (K-12th Grade) education, accredited or recognized as a private school

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by the department of elementary and secondary education or the school committee of the city or

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town having jurisdiction over private schools.

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      (c) This section shall not apply to any Class B or C license holder whose license was

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issued prior to January 1, 1978, nor shall this section apply to or constitute the basis of an

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objection to or disapproval of the transfer of a Class B or C license where the location of the

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licensed establishment predates the location of the public, private, or parochial school or place of

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public worship.

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      (d) (1) Notwithstanding the provisions of this section, the board of licenses of the city of

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Providence shall, after application, have the authority to exempt from the provisions of this

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section any proposed retailer Class B, C or I license intended to be located within the following

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described area(s) in the city of Providence:

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      (A) Beginning at a point, that point being the intersection of the southerly line of Smith

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Street and the easterly taking line of Interstate Route 95;

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      Thence running in a general southwesterly direction along the easterly taking line of

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Interstate Route 95 to the center line of Kingsley Avenue;

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      Thence turning and running northwesterly in part along the southerly line of Kingsley

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Avenue to its intersection with the southerly line of Harris Avenue;

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      Thence turning and running westerly along the southerly line of Harris Avenue to its

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intersection with the southerly line of Atwells Avenue;

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      Thence turning and running easterly along the southerly line of Atwells Avenue to the

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easterly taking line of Interstate Route 95;

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      Thence turning and running in a general southerly and southeasterly direction along the

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easterly taking line of Interstate Route 95 to the center line of Pine Street;

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      Thence turning and running northeasterly along the northerly taking line of I-195 to its

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intersection with the northerly taking line of I-195;

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      Thence turning and running northeasterly along the northerly taking line of I-195 to its

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intersection with the westerly shore line of the Providence River;

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      Thence turning and running northerly along the westerly shore line of the Providence

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River to its intersection with the southerly line of Crawford Street;

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      Thence running northwesterly across Dyer Street to the intersection of the westerly line

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of Dyer Street to the southerly line of Custom House Street;

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      Thence running northerly in part along the southerly line of Dyer Street and in part along

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the westerly line of Market Square to its intersection with the westerly line of Canal Street;

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      Thence turning and running northerly along the westerly line of Canal Street to its

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intersection with the southerly line of Smith Street;

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      Thence turning and running westerly along the southerly line of Smith Street to the point

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and place of beginning.

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      (B) Beginning at a point, that point being the intersection of the westerly line of Brook

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Street and the northerly line of Wickenden Street;

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      Thence running in a general westerly direction along the northerly line of Wickenden

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Street to the intersection of Wickenden Street and Benefit Street;

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      Thence running in a general northerly direction along the easterly line of Benefit Street

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to the intersection of Benefit Street and Sheldon Street;

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      Thence turning and running in an easterly direction along the southerly line of Sheldon

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Street to the intersection of Sheldon Street and Brook Street;

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      Thence turning and running in a general southerly line to the intersection of Brook Street

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and Wickenden Street that being the point of beginning.

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      (2) Notwithstanding the provisions of this section, the board of licenses of the city of

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Newport shall, after application, have authority to exempt from the provisions of this section any

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proposed retailer Class B license intended to be located within the following described area in the

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city of Newport:

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      Beginning at a point, that point being the intersection of the northerly line of Touro

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Street and the easterly line of Spring Street;

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      Thence running in a general easterly direction along the northerly line of Touro Street

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distance of sixty-two and one-tenth feet (62.1');

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      Thence turning and running northerly to the southerly line of Barney Street a distance of

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one-hundred four and two-tenths feet (104.2');

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      Thence turning and running westerly along the southerly line of Barney Street a distance

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of sixteen and five-tenths feet (16.5');

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      Thence turning and running southerly a distance of twenty-nine feet (29');

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      Thence turning and running southwesterly to the easterly line of Spring Street, a distance

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of sixty-four feet (64');

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      Thence turning and running southerly along the easterly line of Spring Street a distance

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of fifty-six and eight-tenths feet (56.8') to the point and place of beginning.

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      (3) Notwithstanding the provisions of this section, the board of licenses of the town of

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Warren shall, after application, have the authority to exempt from the provisions of this section

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any proposed retailer Class B, C or I license intended to be located within any zoning district in

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the town of Warren which is designated as a limited business district or as a general business

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district pursuant to the zoning ordinance of the town of Warren.

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      (4) Notwithstanding the provisions of this section, the board of licenses of the town of

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Bristol shall, after application, have the authority to exempt from the provisions of this section

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any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of

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the Bristol tax assessors map as of December 31, 1999.

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      (5) Notwithstanding the provisions of this section, the board of licenses for the city of

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Newport shall, after application, have the authority to exempt from the provisions of this section

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as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance

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of the city of Newport, provided that the applicant be an existing holder of a Retailers' Class B

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license.

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      (6) Notwithstanding the provisions of this section, the board of licenses of the city of

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Providence shall, after application, have the authority to exempt from the provisions of this

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section any proposed retailer Class B license intended to be located on lot 131 of tax assessors

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plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer

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Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed

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retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the

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Providence tax assessors map as of December 31, 2003.

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      (7) Notwithstanding the provisions of this section, the board of licenses of the city of

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Cranston shall, after application, have the authority to exempt from the provisions of this section

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any proposed retailer Class B license intended to be located on either lot 160 of tax assessor's plat

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9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor's map as of December 31,

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2002; provided, however, as to the subsequent transfer of said Class B license issued by the city

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of Cranston under this exemption, whether said transfer is attributable to the holder's death or

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otherwise, any person desiring to become the potential transferee of said Class B license shall

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comply with those restrictions as to its use (and shall refrain from those activities which result in

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its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13,

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2003 and, in addition, those requirements applicable to anyone who desires to become a

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transferee of a validly issued and outstanding Class B license designated for use in any location in

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the State of Rhode Island. Neither the exemption granted herein nor any future exemption granted

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hereafter shall be effective until the proposed Class B license and the underlying property owner

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is certified to be current in the payment of any and all local and state taxes.

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      (8) Notwithstanding the provisions of this section, the board of licenses of the city of

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Pawtucket shall, after application, have the authority to exempt from the provisions of this section

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any proposed retailer Class B, C or I license intended to be located within the following described

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area in the city of Pawtucket:

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      Beginning at the point of intersection of Dexter Street and the Central Falls line, then

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east along the Central Falls line to the Blackstone River, then north along the city boundary on

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the Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to

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I-95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way,

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then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to

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the Central Falls line.

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      (9) Notwithstanding the provisions of this section the town council of the town of Little

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Compton, after application, is authorized to exempt from the provisions of this section relating to

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places of worship any class B license limited to malt and vinous beverages intended to be located

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on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31,

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2004.

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      (10) Notwithstanding the provisions of this section, the board of licenses of the town of

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Bristol shall, after application, have the authority to exempt from the provisions of this section

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any proposed retailers' Class B license intended to be located on lots 3, 18, and 19 of tax

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assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.

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      (11) Notwithstanding the provisions of this section the town council of the town of

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Smithfield, after application, is authorized to exempt from the provisions of this section, any class

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B, C or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax

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assessment map existing as of December 31, 2007.

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      (12) Notwithstanding the provisions of this section, the board of licenses of the city of

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Providence shall, after application, have the authority to exempt from the provisions of this

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section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of

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the applicable city of Providence tax assessment map.

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      (13) Notwithstanding the provisions of this section, the board of licenses of the town of

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Tiverton shall, after the application, have the authority to exempt from the provisions of this

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section a proposed retailer's Class BV license for a restaurant located on tax assessor's plat 181,

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lot 1A.

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      (14) Notwithstanding the provisions of this section, the board of licenses of the city of

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Providence shall, after application, have the authority to exempt from the provisions of this

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section any proposed retailer's Class B license intended to be located on tax assessor's plat 68, lot

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732.

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      (15) Notwithstanding the provisions of this section, the board of licenses in the city of

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Providence shall, after application, have the authority to exempt from the provisions of this

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section any proposed retailer's Class B license intended to be located on plat 105, lot 489 and plat

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105, lot 12 of the applicable city of Providence tax assessment map.

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     (17) Notwithstanding the provisions of this section, the board of licenses of the town of

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Portsmouth shall, after application, have the authority to exempt from the provisions of this

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section any proposed retailer’s Class B license intended to be located on plat 37, lot 69 of the

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applicable town of Portsmouth tax assessment map.

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     SECTION 2. This act shall take effect upon passage.

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LC02740

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

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     This act would exempt the premises (Assessor’s plat 37, lot 69) in the town of

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Portsmouth from the restriction imposed by section 3-7-19 regarding the issuance of liquor

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license to premises located within 200 feet of a church or school.

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     This act would take effect upon passage.

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LC02740

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