2025 -- H 5943

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LC002045

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

     RELATING TO BUSINESSES AND PROFESSIONS -- HOLIDAY BUSINESS

     Introduced By: Representatives Casey, Phillips, J. Brien, and Chippendale

     Date Introduced: February 28, 2025

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-23-2 of the General Laws in Chapter 5-23 entitled "Holiday

Business" is hereby amended to read as follows:

     5-23-2. 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. 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 § 5-19.1-2) or controlled substance (as defined in § 5-19.1-2) requiring a prescription

(as defined in § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as

defined in § 5-19.1-2) is available on the premises;

     (2) Retail establishments that principally sell food products as defined in § 44-18-30(9) and

that 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 or sale of bakery products.

     (b) Retail establishments licensed pursuant to this section may be permitted to open for

business during holidays on their normal business working hours.

     (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.

     (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 § 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;

provided that, the provisions of this section shall only apply to retail establishments with fifteen

(15) or more employees; and provided, further that, the provisions of this section shall not apply to

any individual covered by a collective bargaining agreement or employment contract. 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 that is not operated for

profit.

     (e) Retail establishments engaged principally in the preparation 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.

     (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.

     (g) Each city or town shall grant Class A licenses authorizing retail establishments that 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; 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,

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deduction of hours, or any other penalty.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO BUSINESSES AND PROFESSIONS -- HOLIDAY BUSINESS

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     This act would provide that all employees of retail establishments with fifteen (15) or more

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.

     This act would take effect upon passage.

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