2023 Annual Report

 

 

 

1)

Section

Repealed Chapter Numbers:

 

1-8-1

125 and 126

 

 

1-8-1. [Repealed]


 

 

 

 

2)

Section

Added Chapter Numbers:

 

1-8-1.1

125 and 126

 

 

1-8-1.1. Definitions.

     When used in this chapter:

     (124) "Unpiloted aircraft systems" or "UAS" means an unpiloted aerial vehicle and

associated elements and support equipment required for the safe and efficient operation of the

UAV.

     (213) "Unpiloted aerial vehicle" or "UAV" means a powered aerial vehicle that:

     (i) Does not carry a human operator and is operated without the possibility of direct human

intervention from within or on the aircraft;

     (ii) Uses aerodynamic forces to provide vehicle lift;

     (iii) Can fly autonomously or be piloted remotely;

     (iv) Weighs less than fifty-five pounds (55 lbs.).

     (31) "Municipality" means any city., Town town, or incorporated village within the state.

     (42) "Operate" or "operation" means to fly, pilot, control, direct, or program the flight of

an unpiloted aircraft system.


 

 

 

 

 

 

3)

Section

Added Chapter Numbers:

 

1-8-1.2

125 and 126

 

 

1-8-1.2. Regulation of unpiloted aircraft systems.

     (a) Any operation of a UAV or UAS in the state shall comply with all applicable Federal

Aviation Administration ("FAA") requirements. Any UAV or UAS operating under the authority

of the Armed Forces of the United States, Department of Homeland Services Security or any other

federal agency having authority shall be exempt from this law.

     (b) Any person who operates a UAV or UAS in violation of this chapter shall be subject to

penalty in accordance with § 1-4-19.

     (c) No municipality shall enact or enforce any ordinance regulating the operation of UAVs

or UASs except as otherwise authorized by regulation or guideline promulgated by the Federal

Aviation Administration or the Rhode Island general laws.


 

 

 

 

 

 

 

4)

Section

Amended Chapter Numbers:

 

2-1-10.1

197 and 198

 

 

2-1-10.1. Assent to food safety modernization act.

     The state of Rhode Island assents to the provisions of the act of Congress entitled “FDA

Food Safety Modernization Act,” 21 U.S.C. § 2201 et seq., and the director of environmental

management is authorized, empowered, and directed to perform:

     (i1) Perform those acts relating to produce on the farm that may be necessary for the

modernization of the safety of the food supply, as defined in that act of Congress, in compliance

with that act and with the rules and regulations promulgated by the Food and Drug Administration

that are consistent with that act.; and

     (ii2) Perform those acts relating to the Preventive Controls for Animal Food (PCAF)

regulation in compliance with that act and with the rules and regulations promulgated by the Food

and Drug Administration that are consistent with that act.


 

 

5)

Section

Amended Chapter Numbers:

 

2-7-4

197 and 198

 

 

2-7-4. Registration.

     (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer

or by that person whose name appears upon the label before being distributed in this state. The

application for registration shall be submitted to the director on a form furnished by the director,

and shall be accompanied by a fee of one hundred dollars ($100) per brand or grade registered.

     (1) All revenues received from registration fees shall be deposited as general revenues.

     (2) All applications for registration shall be accompanied by a label or true copy of the

label.

     (3) Upon approval by the director, a copy of the registration shall be furnished to the

applicant.

     (4) All registrations expire on December 31 of each year.

     (5) The application shall include the following information:

     (i) The brand and grade;

     (ii) The guaranteed analysis; and

     (iii) The name and address of the registrant.

     (b) A distributor is not required to register any commercial fertilizer that is already

registered under this chapter by another person, providing the label does not differ in any respect.

     (c) A distributor is not required to register each grade of commercial fertilizer formulated

according to specifications that are furnished by a consumer prior to mixing.

     (d) The plant nutrient content of each and every brand and grade of commercial fertilizer

must remain uniform for the period of registration.

     (e) The director may require that the registration and fees required by this section be paid

electronically.

     (f) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

 

 

6)

Section

Amended Chapter Numbers:

 

2-7-6

197 and 198

 

 

2-7-6. Tonnage reports, tonnage fees.

     (a) There shall be paid to the department of environmental management for all commercial

fertilizers distributed in this state a tonnage fee at the rate of fifteen cents (15¢) per ton: provided,

that sales or exchanges between manufacturers are exempted. Tonnage fees of less than one dollar

($1.00) are waived. All registration and tonnage fees received by the director under the provisions

of this chapter shall be deposited into the general fund as general revenue.

     (b) Every person who distributes a commercial fertilizer in this state shall file with the

director, on forms furnished by the director, an annual tonnage report, under oath, for the twelve-

12)month (12) period ending June 30th. The report shall set forth the net tons of each grade of

commercial fertilizer distributed in this state during the twelve-(12)month (12) period.

     (c) The tonnage report and tonnage fee are due on or before July 15th following the close

of the annual period. The tonnage fee is at the rate stated in subsection (a).

     (d) If the tonnage report is not filed and/or the tonnage fee not made on or before August

1st, following the close of the annual period, a collection fee amounting to ten percent (10%) (ten

dollars ($10.00) minimum) of the amount shall be assessed against the registrant, and the amount

of fees due shall constitute a debt and become the basis of a judgment against the registrant. The

director, however, in his or her the director’s discretion, may grant a reasonable extension of time.

No information furnished the director under this section shall be disclosed in a way as to divulge

the operation of any person.

     (e) When more than one person is involved in the distribution of a commercial fertilizer,

the last person who has the fertilizer registered and who distributes to a non-registrant (dealer or

consumer) is responsible for reporting and paying the tonnage fee, unless the report and payment

is made by a prior distributor of a fertilizer.

     (f) All moneys for the commercial fertilizer program shall be made available to the director

for the following purposes:

     (1) To support the feed and fertilizer testing laboratory for the testing and analysis of

commercial fertilizers distributed within this state for the expressed purpose of detection of

deficiency; and

     (2) For payment of ancillary services, personnel, and equipment incurred in order to carry

out the purposes of quality assurance defined by this chapter.

     (g) The director may require that all reports and fees required by this section be submitted

electronically.

     (h) In addition to the tonnage fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration fee per report.


 

 

7)

Section

Amended Chapter Numbers:

 

2-21-6

197 and 198

 

 

2-21-6. Registration.

     (a) Each separately identified product shall be registered before being distributed in this

state. The application for registration shall be submitted to the director on forms furnished by the

director and shall be accompanied by a fee of twenty dollars ($20.00) per product. Upon approval

by the director, a copy of the registration shall be furnished to the applicant. All registrations expire

on December 31st of each year.

     (b) A distributor is not required to register any brand of agricultural liming material which

that is already registered under this chapter by another person, providing the label does not differ

in any respect.

     (c) The director may require that the registration and fees required by this section be paid

electronically.

     (d) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

8)

Section

Amended Chapter Numbers:

 

2-21-7

197 and 198

 

 

2-21-7. Reporting of tonnage.

     (a) Within thirty (30) days following the expiration of registration, each registrant shall

submit on forms furnished by the director an annual statement under oath for the twelve-(12)month

(12) period ending the calendar year, setting forth the number of net tons of each agricultural liming

material sold by him the registrant for use in the state during that calendar year. No tonnage fee

is required on agricultural liming materials being offered for sale in this state.

     (b) The director shall publish and distribute annually, to each agricultural liming material

registrant or other interested persons a composite report showing the tons of agricultural liming

material sold in the state. This report shall in no way divulge the operation of any registrant.

     (c) The director may require that the report required by this section be submitted

electronically.


 

 

9)

Section

Amended Chapter Numbers:

 

2-22-5

197 and 198

 

 

2-22-5. Registration — Tonnage report and fee.

     (a) Each separately identified product shall be registered before being distributed in this

state. The application for registration shall be submitted to the director of environmental

management on forms furnished or approved by the director and be accompanied by a fee of fifty

dollars ($50.00) per product. Upon approval by the director, a certified copy of the registration shall

be furnished to the applicant. All registrations expire on December 31st of each year. Each

manufacturer shall submit to the director a copy of labels and advertising literature with the

registration request for each soil amendment.

     (b) A distributor is not required to register any brand of soil amendment which that is

already registered under this chapter by another person, providing that the label does not differ in

any respect.

     (c) Before registering any soil amendment, the director may require evidence to

substantiate the claims made for the soil amendment and proof of the value and usefulness of the

soil amendment and of any process step during composting deemed essential to the safety of the

soil amendment as provided in subsections (c) and (d) of § 2-22-4.

     (d) The director may by regulation set the minimum amount of a soil amending ingredient

and soil amending ingredients that must be present before a soil amendment can be registered and

sold.

     (e) The director may through promulgation of regulations require a tonnage fee and/or

tonnage report annually. If required, the tonnage fee and tonnage report may be made on a

calculated equivalent of volume to tons on brands labeled by volume rather than weight.

     (f) The composter is required to register the operation with the director and shall identify

their organic and any inorganic inputs and processes used in the making of their compost. The

director shall set forth rules and regulations delineating the organic inputs allowed under the

following compost designations and shall collect the appropriate registration fee for the compost

operation. Compost classes are:

     (1) Horticultural grade, general use, one hundred fifty dollars ($150) per year;

     (2) Horticultural grade, mixed source general use, three hundred dollars ($300) per year;

     (3) Non-food crop use, one thousand dollars ($1,000) per year; and

     (4) Limited landscape use, two thousand five hundred dollars ($2,500) per year.

     (g) The director may require that all fees and registrations required by this section be

submitted electronically.

     (h) In addition to the registration fees, the director may charge a processing fee. The

department shall set the amount of such fees through rules and regulations, with processing fees

not to exceed five percent (5%) of the registration surcharge per application.


 

 

10)

Section

Amended Chapter Numbers:

 

3-7-19

41 and 42

 

 

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

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, 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(s) in the city of Providence:

     (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 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.

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

Street and the northerly line of Wickenden Street;

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

to the intersection of Wickenden Street and Benefit Street;

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

the intersection of Benefit Street and Sheldon Street;

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

Street to the intersection of Sheldon Street and Brook Street;

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

and Wickenden Street that being the point 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 southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) 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, including that portion of the public sidewalk

contiguous to said lot.

     (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, and any proposed retailer 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

Providence tax assessors map as of December 31, 2003.

     (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.

     (10) 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 retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

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

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

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

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

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) 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 plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (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 Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) 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’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, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, 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 5, lot 188 of the applicable city

of Central Falls tax assessment map.

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

Portsmouth 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 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

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

North 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 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) 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’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

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

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) 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 retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) 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 tax assessor’s plat 43, lot 211.

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

North 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 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls 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 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) 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 at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

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

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) 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 retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) 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’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

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

East Greenwich 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 at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

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

East Greenwich 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 at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

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

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

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) 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’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) 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 at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

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

Cumberland 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 at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) 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 at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls 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 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) 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 BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) 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 retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket 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 at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

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

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) 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 retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) 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 retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) 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 retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

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

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

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

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

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

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

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

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) 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 BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

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

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 at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) 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 at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) 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 license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) 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 BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

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

North 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 tax assessor’s Plat 19, Lot

617.

     (59) 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 at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) 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 or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) 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 or Class BV licenses intended to be located at 499 Hope Street, Map 9,

Lot 75 of the applicable town of Bristol tax assessment map.


 

 

11)

Section

Amended Chapter Numbers:

 

3-7-19

188 and 189

 

 

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

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, 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(s) in the city of Providence:

     (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 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.

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

Street and the northerly line of Wickenden Street;

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

to the intersection of Wickenden Street and Benefit Street;

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

the intersection of Benefit Street and Sheldon Street;

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

Street to the intersection of Sheldon Street and Brook Street;

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

and Wickenden Street that being the point 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 southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) 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, including that portion of the public sidewalk

contiguous to said lot.

     (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, and any proposed retailer 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

Providence tax assessors map as of December 31, 2003.

     (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.

     (10) 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 retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

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

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

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

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

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) 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 plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (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 Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) 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’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, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, 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 5, lot 188 of the applicable city

of Central Falls tax assessment map.

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

Portsmouth 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 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

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

North 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 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) 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’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

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

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) 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 retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) 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 tax assessor’s plat 43, lot 211.

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

North 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 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls 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 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) 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 at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

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

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) 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 retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) 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’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

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

East Greenwich 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 at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

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

East Greenwich 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 at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

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

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

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) 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’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) 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 at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

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

Cumberland 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 at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) 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 at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls 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 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) 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 BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) 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 retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket 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 at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

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

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) 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 retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) 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 retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) 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 retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

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

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

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

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

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

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

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

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) 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 BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

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

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 at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) 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 at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) 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 license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) 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 BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

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

North 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 tax assessor’s Plat 19, Lot

617.

     (59) 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 at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) 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 or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

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

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

section any proposed retailer's Class BV license intended to be located at 357 Main Street, a/k/a

359 Main Street, Plat 56-3, Lot 50, of the applicable town of South Kingstown tax assessment map.


 

 

12)

Section

Amended Chapter Numbers:

 

3-7-19

387 and 388

 

 

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

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, 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(s) in the city of Providence:

     (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 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.

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

Street and the northerly line of Wickenden Street;

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

to the intersection of Wickenden Street and Benefit Street;

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

the intersection of Benefit Street and Sheldon Street;

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

Street to the intersection of Sheldon Street and Brook Street;

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

and Wickenden Street that being the point 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 southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) 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, including that portion of the public sidewalk

contiguous to said lot.

     (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, and any proposed retailer 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

Providence tax assessors map as of December 31, 2003.

     (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.

     (10) 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 retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

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

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

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

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

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) 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 plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (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 Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) 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’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, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, 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 5, lot 188 of the applicable city

of Central Falls tax assessment map.

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

Portsmouth 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 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

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

North 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 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) 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’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

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

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) 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 retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) 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 tax assessor’s plat 43, lot 211.

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

North 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 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls 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 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) 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 at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

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

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) 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 retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) 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’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

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

East Greenwich 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 at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

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

East Greenwich 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 at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

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

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

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) 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’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) 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 at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

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

Cumberland 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 at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) 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 at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls 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 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) 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 BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) 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 retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket 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 at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

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

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) 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 retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) 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 retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) 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 retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

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

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

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

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

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

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

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

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) 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 BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

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

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 at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) 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 at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) 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 license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) 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 BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

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

North 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 tax assessor’s Plat 19, Lot

617.

     (59) 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 at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) 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 or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) 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 or Class BV licenses intended to be located at 225 Waterman Street,

Plat 14, Lot 508 of the applicable city of Providence tax assessment map.


 

 

 

13)

Section

Amended Chapter Numbers:

 

3-7-19

391 and 392

 

 

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

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, 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(s) in the city of Providence:

     (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 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.

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

Street and the northerly line of Wickenden Street;

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

to the intersection of Wickenden Street and Benefit Street;

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

the intersection of Benefit Street and Sheldon Street;

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

Street to the intersection of Sheldon Street and Brook Street;

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

and Wickenden Street that being the point 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 southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) 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, including that portion of the public sidewalk

contiguous to said lot.

     (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, and any proposed retailer 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

Providence tax assessors map as of December 31, 2003.

     (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.

     (10) 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 retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

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

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

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

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

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) 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 plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (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 Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) 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’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, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, 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 5, lot 188 of the applicable city

of Central Falls tax assessment map.

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

Portsmouth 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 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

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

North 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 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) 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’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

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

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) 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 retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) 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 tax assessor’s plat 43, lot 211.

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

North 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 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls 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 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) 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 at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

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

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) 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 retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) 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’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

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

East Greenwich 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 at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

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

East Greenwich 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 at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

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

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

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) 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’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) 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 at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

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

Cumberland 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 at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) 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 at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls 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 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) 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 BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) 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 retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket 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 at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

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

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) 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 retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) 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 retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) 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 retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

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

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

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

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

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

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

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

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) 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 BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

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

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 at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) 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 at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) 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 license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) 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 BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

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

North 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 tax assessor’s Plat 19, Lot

617.

     (59) 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 at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) 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 or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

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

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 at 136 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.


 

 

14)

Section

Amended Chapter Numbers:

 

3-7-19

393 and 394

 

 

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

churches.

     (a) Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8, 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(s) in the city of Providence:

     (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 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.

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

Street and the northerly line of Wickenden Street;

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

to the intersection of Wickenden Street and Benefit Street;

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

the intersection of Benefit Street and Sheldon Street;

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

Street to the intersection of Sheldon Street and Brook Street;

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

and Wickenden Street that being the point 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 southerly line of Broadway

and the easterly line of Courthouse Square;

     Thence running in a general northeasterly direction along the southerly line of Broadway

a distance of one hundred and two feet (102′) to a point at the southeasterly corner of land now or

formerly owned by the Newport Historical Society;

     Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet

(98.9′) along the southwesterly border of land now or formerly owned by the Newport Historical

Society;

     Thence turning and running in a southwesterly direction one hundred and twelve feet (112′)

to Courthouse Street; and

     Thence turning and running in a generally northwesterly direction along Courthouse Street

for a distance of ninety feet (90′) 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, including that portion of the public sidewalk

contiguous to said lot.

     (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, and any proposed retailer 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

Providence tax assessors map as of December 31, 2003.

     (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.

     (10) 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 retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat

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

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

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

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

assessment map existing as of December 31, 2007; provided, however, said exemption shall apply

only to any renewal of any class B, C, or I license issued for use at the said premises located on

plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this

exemption is hereby repealed in its entirety.

     (12) 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 plat 13, lots 31 and 32 of the

applicable city of Providence tax assessment map.

     (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 Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.

     (14) 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’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, plat 105, lot 12

and plat 32, lot 232 of the applicable city of Providence tax assessment map.

     (16) Notwithstanding the provisions of this section, the city council of the city of Central

Falls, 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 5, lot 188 of the applicable city

of Central Falls tax assessment map.

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

Portsmouth 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 37, lot 69 of the applicable

town of Portsmouth tax assessment map.

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

North 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 23A, lot 98 of the

applicable town of North Providence tax assessment map.

     (19) 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’s Class B license intended to be located on Plat 11, lot 3558 of the applicable

city of Cranston tax assessment map.

     (20) Notwithstanding the provisions of this section, the town council of the town of

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

B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map

as of December 31, 2012.

     (21) 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 retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the

applicable city of Cranston tax assessment map as of December 31, 2012.

     (22) 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 tax assessor’s plat 43, lot 211.

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

North 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 22A, Lot 336, of the

applicable town of North Providence tax assessment map.

     (24) Notwithstanding the provisions of this section, the city council of the city of Central

Falls 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 1, lot 164 of the applicable city

of Central Falls tax assessment map.

     (25) 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 at 1948-1950 Westminster Street on

plat 35, lot 359 of the applicable city of Providence tax assessment map.

     (26) Notwithstanding the provisions of this section, the town council of the town of

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

proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of

Middletown’s tax assessor’s maps as of December 31, 2014.

     (27) 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 retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable

city of Providence tax assessor’s map.

     (28) 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’s Class BV license intended to be located at 226 and 230 Dean Street on plat

25, lot 44 of the applicable city of Providence tax assessment map.

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

East Greenwich 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 at 219 Main Street on map/lot

085 001 212 0000 of the applicable town of East Greenwich tax assessment map.

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

East Greenwich 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 at 137 Main Street on map/lot

085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084;

74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street

on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot

085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East

Greenwich tax assessment map.

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

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

proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the

Lincoln tax assessor’s map as of December 31, 2015.

     (32) 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’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961

of the applicable city of Providence tax assessment map.

     (33) 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 at 100-102 Hope Street on plat 16,

lot 263 of the applicable city of Providence tax assessment map.

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

Cumberland 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 at 88 Broad Street on Lots 32, 51,

and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.

     (35) 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 at 11 Lowell Avenue, 191 Pocasset

Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map

as of December 31, 2017.

     (36) Notwithstanding the provisions of this section, the city council in the city of Central

Falls 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 1, of Lot 171 of the applicable

city of Central Falls tax assessment map.

     (37) 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 BV and Class BX license intended to be located at 161 Douglas

Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.

     (38) 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 retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot

192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot

582 of the applicable city of Providence tax assessment map.

     (39) Notwithstanding the provisions of this section, the city council in the city of

Woonsocket 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 at 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

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

proposed retailers’ class BV and class BM license intended to be located between 2 Main Street

(tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).

     (41) 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 retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) 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 retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) 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 retailers’ Class B license intended to be located at 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

     (44) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

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

any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

     (47) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

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

any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

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

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

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

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) 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 BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

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

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 at 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

     (53) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) 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 at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) 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 license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

     (56) Notwithstanding the provisions of this section, the town council of the town of

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

any proposed retailers’ Class B license intended to be located at 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

     (57) 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 BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

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

North 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 tax assessor’s Plat 19, Lot

617.

     (59) 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 at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

     (60) 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 or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.

     (61) 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 BL license or Class BV license intended to be located at 566 Plainfield

Street, Plat 108, Lot 55 of the applicable city of Providence tax assessment map.

     (62) 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 BL license or Class BV license intended to be located at 777 Elmwood

Avenue, Plat 060, Lot 0001 of the applicable city of Providence tax assessment map.


 

 

15)

Section

Repealed Chapter Numbers:

 

4-7-14

197 and 198

 

 

4-7-14. [Repealed]


 

 

 

16)

Section

Amended Chapter Numbers:

 

4-7-16

197 and 198

 

 

4-7-16. License fees.

     The fee for the first license issued to any one individual or corporation in accordance with

this chapter is fifty dollars ($50.00), which entitles the licensee to one set of number plates. The fee

for each additional license and set of number plates is twenty-five dollars ($25.00).


 

 

 

17)

Section

Amended Chapter Numbers:

 

4-11-2

197 and 198

 

 

4-11-2. Importation certificate.

     (a) No psittacine birds shall be shipped into Rhode Island unless a permit is obtained from

the director of environmental management prior to shipment certificate of veterinary inspection

accompanies the shipment of birds. The certificate of veterinary inspection must be compliant with

rules and regulations governing the importation of domestic animals (250-RICR-40-05-1).


 

 

 

18)

Section

Amended Chapter Numbers:

 

4-12-2

197 and 198

 

 

4-12-2. Definitions.

     As used in §§ 4-12-2 — 4-12-17 unless the context clearly requires otherwise, the

following terms mean:

     (1) “Abandoned colony or apiary” means any colony or apiary which that is not currently

registered and has not been registered within the preceding two (2) years and/or which that the

inspector is unable to locate the owner and is unable to inspect due to conditions within the colony

which render the colony or apiary uninspectable.

     (2) “Apiary” means any place or location where one or more colonies or nuclei of bees are

kept.

     (3) “Authorized official” means the state official authorized to inspect apiaries in the state

of origin of bees being transported into or through the state.

     (4) “Beekeeper” means any individual, person, firm, association, or corporation owning,

possessing, or controlling one or more colonies of bees for the production of honey, beeswax, or

byproducts, or for the pollination of crops for either personal or commercial use.

     (5) “Beekeeping equipment” means all hives, hive bodies, supers, frames, combs, bottom

boards, covers, excluders, screens, escape boards, feeders, hive tools, slatted racks, or other devices

or boxes or other containers which that may have been used in the capturing or holding of swarms,

and including honey which may be or may have been used in or on any hive, colony, nuclei or used

in the rearing or manipulation of bees or their brood.

     (6) “Bees” means any stage of the common honey bee, apis mellifera, or other bees kept

for the production of honey, wax, or pollination.

     (7) “Colony” means the bees inhabiting a single hive, nuclei box, or dwelling place.

     (8) “Director” means the director of the Rhode Island department of environmental

management.

     (9) “Disease” means American foulbrood and any other infectious, contagious, or

communicable disease affecting bees or their brood.

     (10) “Eradicate” means the destruction and/or disinfection of infected and/or infested bees,

equipment and/or pests by burning or by treatment approved by the state inspector.

     (11) “Feral colony” means an unowned or unmanaged colony of bees existing naturally.

     (12) “Hive” means any man-made domicile with removable frames for keeping bees.

     (13) “Inspector” means a person appointed by the director to check for diseased conditions

or pest infestations in one or more apiaries as authorized by law.

     (14) “Pests” means the honey bee tracheal mite, Acarapis woodi; and the Varroa mite,

Varroa jacobsoni, and any other arthropod pests detrimental to honey bees; and genetic strains of

the Africanized sub species, Apis mellifera adansoni and/or Apis mellifera scutellata.

     (15) “Swarms” means a natural division of a colony in the process of becoming a feral

colony.


 

 

 

19)

Section

Amended Chapter Numbers:

 

4-12-8

197 and 198

 

 

4-12-8. Movement permit required — When — Form — Issuance Verbal

authorization.

     (a) It is unlawful to move, carry, transport, or ship bees, bees on comb, combs, or used

beekeeping equipment into the state unless accompanied by a valid permit issued by the director of

environmental management. Applications for a permit to transport bees or used beekeeping

equipment into the state shall be submitted on a form approved by the director. This application

form shall be accompanied by a certificate of health issued by the authorized official of the state

from which the bees are to be moved, certifying that the bees and used beekeeping equipment have

been inspected by an authorized official during a period of active brood rearing, within fifteen (15)

days prior to the proposed date of movement, and that these bees and used beekeeping equipment

were found apparently free from any diseases or pests. Each application shall disclose the number

of colonies of bees to be transported and a description of the location or locations where the bees

are to be kept. Upon receipt of an application for a permit to move bees or used beekeeping

equipment into the state, accompanied by a proper certificate of health and application fee of fifty

dollars ($50.00) per application, the director shall issue the desired permit. This shall not apply to

honey bees from quarantined areas outside the state. These quarantines shall include all federal,

state, or Rhode Island exterior quarantines. Importation of honey bees from quarantined areas shall

be in accordance with regulations made pursuant to this law.

     (b) Regardless of the provisions in subsection (a) of this section, the director has the

authority to issue a permit without inspection to the person or persons owning these bees and

equipment providing these bees and beekeeping equipment were certified and moved from the state

within fifteen (15) days prior to the desired date of reentry and if the director is satisfied these bees

and equipment have not been exposed to diseased bees, pests, or equipment. This section shall not

apply to bees or beekeeping equipment returning from quarantined areas.

     (c) A verbal authorization may be allowed by the director if the written permit outlined

above has been submitted and received in a timely manner but has not been returned by the time

the bees are to be moved.

     (d) Combless packages of bees or queens, or both, may be admitted into Rhode Island

without a Rhode Island permit, when accompanied by a valid certificate of inspection from the state

of origin stating that they are free of diseases and pests. This shall not apply to honey bees from

quarantined areas outside the state. These quarantines shall include all federal, state, or Rhode

Island exterior quarantines. Importation of honey bees from quarantined areas shall be in

accordance with regulations made pursuant to this law.


 

 

 

 

 

 

 

20)

Section

Added Chapter Numbers:

 

4-28

197 and 198

 

 

CHAPTER 28

ELECTRONIC PAYMENTS AND APPLICATIONS


 

 

 

21)

Section

Added Chapter Numbers:

 

4-28-1

197 and 198

 

 

4-28-1. Electronic payment of fees.

     (a) The director of the department of environmental management may require that any fee

owed to the department, pursuant to any chapter of title 4, be paid electronically.

     (b) In addition to specific fees owed to the department of environmental management,

pursuant to any chapter of title 4, the director of the department of environmental management may

charge a processing fee. The department shall set the amount of such fees through rules and

regulations, with processing fees not to exceed five percent (5%) of the original fee owed to the

department.


 

 

22)

Section

Added Chapter Numbers:

 

4-28-2

197 and 198

 

 

4-28-2. Electronic submission of applications and reports.

     The director of the department of environmental management may require that any

application or report required to be submitted to the department, pursuant to title 4, may be

submitted electronically.


 

 

23)

Section

Amended Chapter Numbers:

 

5-10-9

261 and 265

 

 

5-10-9. Classes of licenses.

     Licenses shall be divided into the following classes and shall be issued by the division to

applicants for the licenses who have qualified for each class of license:

     (1) A “hairdresser’s and cosmetician’s license” shall be issued by the division to every

applicant for the license who meets the requirements of § 5-10-8 and has completed a course of

instruction in hairdressing and cosmetology consisting of not less than twelve hundred (1,200) one

thousand (1,000) hours of continuous study and practice.

     (2) An “instructor’s license” shall be granted by the division to any applicant for the license

who has held a hairdresser’s and cosmetician’s license, a barber’s license, a manicurist’s license,

or an esthetician’s license, issued under the laws of this state or another state, for at least the three

(3) years preceding the date of application for an instructor’s license and:

     (i) Meets the requirements of § 5-10-8;

     (ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing

and cosmetology, barber, manicurist, or esthetician teacher training approved by the division as

prescribed by regulation;

     (iii) Has satisfactorily passed a written and a practical examination approved by the

division to determine the fitness of the applicant to receive an instructor’s license;

     (iv) Has complied with § 5-10-10; and

     (v) Has complied with any other qualifications that the division prescribes by regulation.

     (3) A “manicurist license” shall be granted to any applicant for the license who meets the

following qualifications:

     (i) Meets the requirements of § 5-10-8; and

     (ii) Has completed a course of instruction, consisting of not less than three hundred (300)

hours of professional training in manicuring, in an approved school.

     (4) An “esthetician license” shall be granted to any applicant for the license who meets the

following qualifications:

     (i) Meets the requirements of § 5-10-8;

     (ii) Has completed a course of instruction in esthetics, consisting of not less than six

hundred (600) hours of continuous study and practice over a period of not less than four (4) months,

in an approved school of hairdressing and cosmetology; and

     (iii) Any applicant who holds a diploma or certificate from a skin-care school, that is

recognized as a skin-care school by the state or nation in which it is located, and meets the

requirements of subsection (4)(i) of this section, shall be granted a license to practice esthetics;

provided, that the skin-care school has a requirement that, in order to graduate from the school, a

student must have completed a number of hours of instruction in the practice of skin care, which

number is at least equal to the number of hours of instruction required by the division.

     (5) A “barber” license shall be issued by the division to every applicant for the license who

meets the requirements of § 5-10-8 and:

     (i) Has completed a course of instruction in barbering consisting of not less than one

thousand five hundred (1,500) hours of continuous study and practice in an approved school;

     (ii) Has possessed, for at least two (2) years prior to the filing of the application, a certificate

of registration in full force and effect from the department of health of the state specifying that

person as a registered, apprentice barber, and the application of that applicant is accompanied by

an affidavit, or affidavits, from his or her employer, or former employers, or other reasonably

satisfactory evidence showing that the applicant has been actually engaged in barbering as an

apprentice barber in the state during those two (2) years; or

     (iii) A combination of barber school training and apprenticeship training as determined by

the rules and regulations prescribed by the division.


 

 

 

24)

Section

Amended Chapter Numbers:

 

5-19.1-11

216 and 217

 

 

5-19.1-11. Nonresident pharmacy — Fees — Display — Declaration of ownership and

location.

     (a) Any pharmacy located outside this state that ships, mails, or delivers, in any manner,

legend drugs, controlled substances, or devices into this state is a nonresident pharmacy and shall

be licensed by the department. The nonresident pharmacy shall maintain at all times a valid

unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of

the state in which it is located. Any pharmacy subject to this section shall comply with the board

of pharmacy regulations of this state when dispensing legend drugs or devices to residents of this

state.

     (b) A pharmacy license will be issued to the owner who meets the requirements established

pursuant to this chapter or regulations. On and after December 1, 2024, for licenses issued or

renewed, the The owner of each pharmacy shall pay an original license fee to be determined by the

director, and annually thereafter, on or before a date to be determined by the director, of not less

than six hundred twenty-five dollars ($625), for which he or she the owner shall receive a license

of location that shall entitle the owner to operate the pharmacy at the specified location, or any

other temporary location as the director may approve, for the period ending on a date to be

determined by the director. Each owner shall, at the time of filing, provide proof of payment of the

fee and each owner shall file with the department, on a provided form, a declaration of ownership

and location. The declaration of ownership and location so filed shall be deemed presumptive

evidence of ownership of the pharmacy mentioned in the form. A license shall be issued to the

owner and premise listed on the form and shall not be transferred. A license issued pursuant to this

section shall be the property of the state and loaned to the licensee and it shall be kept posted in a

conspicuous place on the licensed premises. If a change in owner or premise listed in the form

occurs, the license shall become null and void.

     (c) It shall be the duty of the owner to immediately notify the department of any proposed

change of location or ownership.

     (d) In the event the license fee remains unpaid on the date due, no renewal or new license

shall be issued except upon payment of the license renewal fee.


 

 

 

25)

Section

Amended Chapter Numbers:

 

5-19.1-15

216 and 217

 

 

5-19.1-15. Pharmacy interns — License — Fees — Renewals.

     (a) Any person who is a graduate of an accredited program of pharmacy, or who is a student

enrolled in at least the third year of a professional program of an accredited program of pharmacy,

or any graduate of a foreign college of pharmacy who has obtained FPGEC certification may file

an application for licensure as a pharmacy intern with the department. He or she The applicant

shall be required to furnish any information that the board may, by regulation, prescribe and,

simultaneously with the filling filing of the application, shall pay to the department a fee to be

determined by the department. All licenses issued to pharmacy interns shall be valid for a period to

be determined by the department, however, for all pharmacy intern licenses issued or renewed on

or after December 1, 2024, shall be issued for a period not less than five (5) years, but in no instance

shall the license be valid if the individual is no longer making timely progress toward graduation.

No pharmacy student may serve an internship with a preceptor without holding a valid pharmacy

intern license from the board of pharmacy.

     (b) To ensure adequate practical instruction, pharmacy internship experience as required

under this chapter shall be obtained after licensure as a pharmacy intern by practice in any licensed

pharmacy or other program meeting the requirements promulgated by regulation of the board, and

shall include any instruction in the practice of pharmacy that the board by regulation shall prescribe.

     (c) Licensed pharmacy interns shall practice only under the immediate supervision of a

licensed pharmacist.


 

 

 

26)

Section

Amended Chapter Numbers:

 

5-19.1-16

216 and 217

 

 

5-19.1-16. Pharmacy technicians — License — Fees — Renewals.

     A pharmacy technician license shall be issued to any individual who meets the

requirements established under this chapter or by regulations. The pharmacy technician shall file

an application for licensure with the department and shall be required to furnish any information

that the board may, by regulation, prescribe and, simultaneously with the filing of the application,

shall pay a fee to the department to be determined by the department. All licenses issued to

pharmacy technicians shall be valid for a period to be determined by the department; however, for

all pharmacy technician licenses issued or renewed on or after December 1, 2024, shall be issued

for a period not less than two (2) years. No individual may serve as a pharmacy technician without

holding a valid pharmacy technician license from the board of pharmacy.


 

 

 

27)

Section

Amended Chapter Numbers:

 

5-19.1-20

216 and 217

 

 

5-19.1-20. License — Renewal — Fee display.

     Every licensed pharmacist who desires to practice pharmacy shall secure from the

department a license pursuant to the provisions of §§ 5-19.1-8 and 5-19.1-14, the fee for which

shall be determined by the director. The renewal fee shall also be determined in regulation by the

director, and, the renewal fee for any licensing period commencing on or after December 1, 2024,

shall not be more than two hundred fifty dollars ($250) biennially. Each licensing period shall

coincide with the continuing education requirement period, with the licensing period starting on

January 1 and ending on December 31 of each calendar year. The date of renewal may be

established by the director by regulation, and the department may by regulation extend the duration

of a licensing period. The current license shall be conspicuously displayed to the public in the

pharmacy to which it applies.


 

 

 

 

28)

Section

Amended Chapter Numbers:

 

5-20.7-2

163 and 164

 

 

5-20.7-2. Definitions.

     When used in this chapter, unless the context indicates otherwise:

     (1) “Appraisal” or “real estate appraisal” means an analysis, opinion, or conclusion relating

to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate.

An appraisal may be classified by subject matter into either a valuation or an analysis. A “valuation”

is an estimate of the value of real estate or real property. An “analysis” is a study of real estate or

real property other than estimating value.

     (2) “Appraisal Foundation” means the Appraisal Foundation incorporated as an Illinois

not-for-profit corporation on November 30, 1987. The purposes of the Appraisal Foundation are:

     (i) To establish and improve uniform appraisal standards by defining, issuing, and

promoting such standards;

     (ii) To establish appropriate criteria for the certification, licensing, and recertification of

qualified appraisers by defining, issuing, and promoting that qualification criteria; to disseminate

that qualification criteria to states, governmental entities, and others; and

     (iii) To develop or assist in the development of appropriate examinations for qualified

appraisers.

     (3) “Appraisal report” means any communication, written or oral, of an appraisal.

     (4) “Board” means the real-estate appraisal board established pursuant to the provisions of

this chapter.

     (5) “Certified appraisal” or “certified appraisal report” means an appraisal or appraisal

report given or signed and certified as such by a state-certified real estate appraiser or state-licensed

real estate appraiser. When identifying an appraisal or appraisal report as “certified,” the state-

certified real estate appraiser shall indicate on it whether he or she has been licensed or certified as

a residential or general state-certified real estate appraiser. A certified appraisal or appraisal report

represents to the public that it meets the appraisal standards defined in this chapter.

     (6) “Department” means the department of business regulation.

     (7) “Director” means the director of the department of business regulation.

     (8) “Real estate” means an identified parcel or tract of land, including improvements, if

any.

     (9) “Real property” means one or more defined interests, benefits, and rights inherent in

the ownership of real estate.

     (10) “State-certified real estate appraiser” means a person who develops and communicates

real estate appraisals reports and who holds a current, valid certificate issued to him or her them

for either general or residential real estate under the provisions of this chapter. A duly certified

appraiser is not required to hold a real estate broker’s or salesperson’s license under chapter 20.5

of this title.

     (11) "State-licensed real estate appraiser" means a person who develops and communicates

real estate appraisals appraisal reports and who holds a current, valid license issued to him or her

them for residential real estate under the provisions of this chapter. A duly licensed appraiser is not

required to hold a real estate broker's or salesperson's license under chapter 20.5 of this title.


 

 

 

 

29)

Section

Amended Chapter Numbers:

 

5-20.7-3

163 and 164

 

 

5-20.7-3. Certification or license required.

     (a) No person, other than persons certified or licensed in accordance with the provisions of

this chapter, shall assume or use that title or any title, designation, or abbreviation likely to create

the impression of certification as a real estate appraiser by this state. A person who is not certified

or licensed pursuant to this chapter shall not describe or refer to any appraisal or other valuation of

real estate located in the state by the term “certified or licensed.”

     (b) This chapter precludes any person who is not certified as a state-certified real estate

appraiser from appraising real property for compensation under chapter 20.5 of this title; provided,

however, that this chapter does not preclude any person who holds a license pursuant to chapter

20.5 of this title and, in the ordinary course of business, from giving a written or oral opinion of

value of real estate for the purposes of a prospective listing, purchase, sale, or business valuation;

provided, however, that such opinion of value shall not be referred to as an appraisal.

     (c) Nothing in this chapter shall preclude a trainee directly supervised by a certified

appraiser from assisting in or preparing a certified an appraisal report and signing such appraisal

provided the appraisal is approved and signed by a certified appraiser as appropriate.

     (d) Any appraisal conducted by an institution licensed in this state to accept deposits in

connection with a loan transaction, other than those conducted by:

     (1) Federally or NCUA insured banks, savings banks, or credit unions; or

     (2) Persons regulated or licensed under title 19 or any transactions, municipal or state,

regardless of monetary value, shall require an appraisal by a licensed or certified appraiser.

     (e) Any appraisal, as defined in § 5-20.7-2, must be performed by a licensed or certified

appraiser unless specifically exempted by federal law for federally insured institutions.

 


 

 

 

 

30)

Section

Amended Chapter Numbers:

 

5-20.7-4

163 and 164

 

 

5-20.7-4. Creation of board — Composition — Appointment, terms, and

compensation of members.

     (a)(1) Within the department of business regulation, there is created the Rhode Island real

estate appraisers board which shall consist of ten (10) members to be appointed by the governor.

Six (6) of the board members shall be practicing appraisers and, for the initial board appointment,

shall be members in good standing of one of the following professional associations or the

successor associations: the American Institute of Real Estate Appraisers, the Society of Real Estate

Appraisers, the International Right of Way Association, the National Association of Independent

Fee Appraisers, or the International Association of Assessing Officers. Where possible, at least one

but not more than two (2) appraiser appointments shall be from the membership of each of these

professional organizations.

     (2) One board member shall be a member of the general public, and shall not be engaged

in the practice of real estate appraisal. One board member shall hold a real estate license under

chapter 20.5 of this title and shall not be a state-certified real estate appraiser. One member shall

be a representative of the Rhode Island banking industry. The director of the department of business

regulation or his or her the director’s designee shall serve at all times as a member of the board ex

officio without voting privileges.

     (3) The term of office of the initial members and the powers of the initial board expire on

December 31, 1991.

     (b) Commencing January 1, 1992, and subsequently, the board shall consist of ten (10)

members:

     (1) Six (6) members shall be state-certified appraisers:

     (i) Two (2) appraiser members shall be appointed for a term of three (3) years;

     (ii) Two (2) members for a term of two (2) years; and

     (iii) Two (2) members for a term of one year;

     (2) One board member shall be a member of the general public, appointed for a term of

three (3) years, and shall not be engaged in the practice of real estate appraisal;

     (3) One board member shall hold a real estate license under chapter 20.5 of this title,

appointed for a term of two (2) years and shall not be a state-certified real estate appraiser;

     (4) One member shall be a representative of the Rhode Island banking industry and shall

be appointed for a term of one year; and

     (5) The director of the department of business regulation, or his or her designee, shall serve

at all times as a member of the board ex officio without voting privileges.

     (c)(1) Successors of all members shall each be appointed for terms of three (3) years and

until their successors are appointed and qualified by subscribing to the constitutional oath of office,

which shall be filed with the secretary of state. Members to fill vacancies shall be appointed for the

unexpired term. No member shall be appointed to succeed himself or herself for more than two (2)

terms. Upon qualification of the appointed members, the board shall organize by selecting from its

members a chairperson and vice-chairperson with a term of office of one year.

     (2) The board shall meet not less than once each month or as necessary in order to conduct

its business, the dates and times of which shall be decided by a vote of the members.

     (3) Each real estate appraiser member of the board appointed as of January 1, 1992, must

be a state-certified real estate appraiser. At least one-half (½) of the appraiser members shall hold

the general appraisal certificate and not less than two (2) shall hold the residential appraisal

certificate.

     (4) Upon expiration of their terms, members of the board shall continue to hold office until

the appointment and qualification of their successors. The appointing authority may remove a

member for cause.

     (5) A quorum of the board is a majority of the voting members of the board members

appointed and/or sitting, whichever is less, with at least three (3) of these members required to be

appraiser members.

     (6) The department of business regulation, with the assistance of the board, shall implement

a program for recertification on or before July 1, 1992, and establish any reasonable rules and

regulations that are appropriate to insure that the examination, education, and experience

requirements of certificate and license holders meet the public interest and the minimum standards

of the Appraisal Foundation.

     (d) The board shall adopt a seal of any design that it prescribes. Copies of all records and

papers in the office of the board, duly certified and authenticated by its seal, shall be received in all

courts with like effect as the original. All records of the board shall be open to public inspection

under any reasonable rules and regulations that it prescribes.

     (e)(d) (e) No member of the board shall receive compensation for his or her their official

duties on the board but shall be reimbursed for his or her their actual and necessary expenses

incurred in the performance of his or her their official duties.


 

 

 

 

 

31

Section

Amended Chapter Numbers:

 

5-20.7-8

163 and 164

 

 

5-20.7-8. Classes of certification and licensing — Residential and general.

     (a) There are two (2) classes for state-certified real estate appraisers and two (2) classes of

licensed real estate appraisers.

     (b) State-certified appraisers.

     (1) A state-certified residential real estate appraiser is a person who fulfills the

requirements for certification for the appraisal of residential real property. For the purposes of this

section, residential property means property used for noncomplex single or multi-family dwellings

of 1 — 4 units having no minimum transaction value, or property used for complex 1 — 4

residential units having a transaction value of less than two hundred fifty thousand dollars

($250,000) as required by the appraiser qualifications board of the appraisal foundation Appraiser

Quaifications Board of the Appraisal Foundation.

     (2)(a) A state-certified general real estate appraiser is a person who fulfills the requirements

for certification for the appraisal of all types of real property.

     (c) State-licensed appraisers.

     (b)(1) A state-licensed appraiser is a person who fulfills the requirements for licensing for

the appraisal of residential property as required by the appraiser qualifications board of the

appraisal foundation Appraiser Qualifications Board of the Appraisal FoundationFor

purposes of this section, residential property applies to the appraisal of noncomplex 1 — 4

residential units having a transaction value of less than one million dollars ($1,000,000) and

complex 1 — 4 residential units having a transaction value of less than two hundred fifty thousand

dollars ($250,000).

     (c)(2) A licensed appraiser trainee is an individual who has successfully completed all

requisite core courses as required by the appraisal appraiser qualifications board of the Appraisal

Foundation Appraiser Qualifications Board of the Appraisal Foundation.

     (d) [Deleted by P.L. 2013, ch. 54, § 1 and P.L. 2013, ch. 58, § 1].


 

 

 

 

32)

Section

Amended Chapter Numbers:

 

5-20.7-9

163 and 164

 

 

5-20.7-9.  Education requirements prior to examination.

     (a) Residential classification. As a prerequisite to taking the examination for certification

as a state-certified residential real estate appraiser, an applicant shall present evidence satisfactory

to the board that he or she the applicant has successfully completed the required classroom hours

of courses promulgated by the appraisal appraiser qualifications board of the Appraisal Foundation

Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate

appraisal and the uniform standards of professional appraisal practice from a duly licensed real

estate school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal

organization, college, university, or other school approved by the appraisal appraiser qualifications

board of the Appraisal Foundation Appraiser Qualifications Board of the Appraisal

Foundation, or any other school that is approved by the board.

     (b) General classification. As a prerequisite to taking the examination for certification as a

state-certified general real estate appraiser, an applicant shall present evidence satisfactory to the

director that he or she the applicant has successfully completed the required classroom hours of

courses promulgated by the appraisal appraiser qualifications board of the Appraisal Foundation

Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate

appraisal and the uniform standards of professional appraisal practice from a duly licensed real

estate school pursuant to the provisions of § 5-20.5-19, or a nationally recognized appraisal

organization, college, university, or other school approved by the appraisal appraiser qualifications

board of the Appraisal Foundation Appraiser Qualifications Board of the Appraisal

Foundation, or such other school as approved by the board.

     (c) Licensed real estate appraiser. As a prerequisite to taking the examination for licensing

as a state-licensed residential real estate appraiser, an applicant shall present evidence satisfactory

to the board that he or she the applicant has successfully completed the required classroom hours

of courses promulgated by the appraisal appraiser qualifications board of the Appraisal Foundation

Appraiser Qualifications Board of the Appraisal Foundation in subjects related to real estate

appraisal and the uniform standards of professional appraisal practice from a duly licensed real

estate school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal

organization, college, university, or other school approved by the appraisal appraiser qualifications

board of the Appraisal Foundation Appraiser Qualifications Board of the Appraisal

Foundation, or any other school that is approved by the board.


 

 

 

 

33)

Section

Amended Chapter Numbers:

 

5-20.7-10

163 and 164

 

 

5-20.7-10. Experience requirements prior to examination.

     (a) An original certification as a state-certified real estate appraiser or licensing as a state-

licensed appraiser shall not be issued to any person who does not possess the requisite experience

in real property appraisal as required by the appraisal appraiser qualifications board of the Appraisal

Foundation and supported by adequate written reports or file memoranda. The experience must be

acquired within a period of five (5) years immediately preceding the filing of the application for

certification. The experience shall be of the type of appraisal for which the applicant is seeking

certification/licensing and shall meet the minimum standards of the Appraisal Foundation and/or

applicable federal regulations.

     (b) Each applicant for certification and licensing shall furnish, under oath, a detailed listing

of the real estate appraisal reports or file memoranda for each year for which experience is claimed

by the applicant. For an applicant for general certification at least fifty percent (50%) of the

prepared reports must demonstrate knowledge and working understanding of income capitalization

or other nonresidential reports. Upon request, the applicant shall make available to the director or

board for examination a sample of appraisal reports, which the applicant has prepared in the course

of his or her practice.

     (c) In order for a licensed trainee appraiser to be issued certification as a state-certified

appraiser or licensing as a state-licensed appraiser, the trainee must have completed the requisite

experience in real property appraisal as required by the appraisal appraiser qualifications board and

supported by adequate written reports or file memoranda. That experience must be completed under

the direct supervision of certified real estate appraisers. The trainee may rely on more than one

supervising appraiser in order to complete this experience requirement, and no certified appraiser

shall supervise more than three (3) trainees.


 

 

 

 

 

34)

Section

Amended Chapter Numbers:

 

5-20.7-16

163 and 164

 

 

5-20.7-16. Nonresident certified or licensed real estate appraisers — Secretary of state

as agent for service of process — Reciprocity.

     (a) Every applicant for certification or licensing under this chapter who is not a resident of

this state shall submit, with the application for certification or licensing, an irrevocable consent that

service of process upon him or her the applicant may be made by delivery of the process to the

secretary of state, if in an action against the applicant in a court of this state arising out of the

applicant’s activities as a state-certified or licensed real estate appraiser, the plaintiff cannot, in the

exercise of due diligence, effect personal service upon the applicant.

     (b) A nonresident of the state who has complied with the provisions of subsection (a) may

obtain a certificate as a state-certified real estate appraiser or a licensed real estate appraiser by

conforming to all of the provisions of this chapter relating to state-certified or licensed real estate

appraisers. If, in the determination by the board, another state is deemed to have substantially

equivalent certification requirements, an applicant who is certified under the laws of that other state

may obtain a certificate as a state-certified or licensed real estate appraiser in this state upon any

terms and conditions that are determined by the board.


 

 

 

35)

Section

Amended Chapter Numbers:

 

5-20.7-17

163 and 164

 

 

5-20.7-17. Continuing education prerequisite to renewal.

     (a) As a prerequisite to certificate or license renewal, a state-certified or licensed real estate

appraiser shall present evidence satisfactory to the director of having met the continuing education

requirements of this section.

     (b) The basic continuing education requirement for renewal of a certificate or license is the

completion by the applicant, during the immediately preceding term of certification, of not less

than twenty-eight (28) hours of instruction in courses or seminars from a duly licensed real estate

school pursuant to the provisions of § 5-20.5-19 or a nationally recognized appraisal organization,

college, university, or other school approved by the appraiser qualifications board of the Appraisal

Foundation or such other school as approved by the board.

     (c) In lieu of meeting the requirements of subsection (b) of this section, an applicant for

certificate or license renewal may satisfy all or part of the recertification requirements by presenting

evidence of the following:

     (1) Completion of an educational program of study determined by the board to be

equivalent, for continuing education purposes, to courses meeting the requirements of subsection

(b) of this section; or

     (2) Participation Up to one-half (1/2) of an individual's continuing education requirement

may be completed by participation other than as a student in educational processes and programs

approved by the board that relate to appraisal theory, practices, or techniques, including, but not

necessarily limited to, teaching, program development, and preparation of textbooks, monographs,

articles, and other instructional materials.

     (3) [Deleted by P.L. 2013, ch. 54, § 1 and P.L. 2013, ch. 58, § 1].


 

 

 

36)

Section

Amended Chapter Numbers:

 

5-20.8-1

333 and 334

 

 

5-20.8-1. Definitions.

     When used in this chapter, unless the context indicates otherwise:

     (1) “Agent” means any individual or entity acting on behalf of a seller or buyer to effect

the transfer of real estate. It includes listing agent, selling agent, buyer’s agent, and their respective

brokers.

     (2) “Agreement to transfer” means a purchase and sale agreement, installment-sales

contract, option to purchase agreement, or other agreement intended to effect the transfer of real

estate from a seller to a buyer.

     (3) “Buyer” means any individual or entity seeking to obtain title to real estate from a seller

for consideration.

     (4) “Closing” means the time at which real estate is transferred from seller to buyer and

consideration is delivered to the seller or to a settlement agent with the intention of imminent

delivery upon the recording of pertinent documents and other ministerial acts associated with

settlement.

     (5) “Deficient conditions” means any land restrictions, defect, malfunction, breakage, or

unsound condition existing on, in, across, or under the real estate of which the seller has knowledge.

     (6) "Lead exposure hazard" means a condition that presents a clear and significant health

risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children

under the age of six (6) years.

     (6)(7) “Real estate” means vacant land or real property and improvements consisting of a

house or building containing one to four (4) dwelling units.

     (7)(8) “Seller” means any individual or entity seeking to transfer title to real estate to a

buyer for consideration.

     (8)(9) “Transfer” means the sale or conveyance, exchange of, or option to purchase any

real estate.


 

 

 

37)

Section

Amended Chapter Numbers:

 

5-20.8-2

69 and 70

 

 

5-20.8-2. Disclosure requirements.

     (a) As soon as practicable, but in any event no later than prior to signing any agreement to

transfer real estate, the seller of the real estate shall deliver a written disclosure to the buyer and to

each agent with whom the seller knows he or she or the buyer has dealt in connection with the real

estate. The written disclosure shall comply with the requirements set forth in subsection (b) and

shall state all deficient conditions of which the seller has actual knowledge. The agent shall not

communicate the offer of the buyer until the buyer has received a copy of the written disclosure

and signed a written receipt of the disclosure. If the buyer refuses to sign a receipt pursuant to this

section, the seller or agent shall immediately sign and date a written account of the refusal. The

agent is not liable for the accuracy or thoroughness of representations made by the seller in the

written disclosure or for deficient conditions not disclosed to the agent by the seller.

     (b)(1) The Rhode Island real estate commission may shall approve a form of written

disclosure for vacant land and a form of written disclosure for the sale of real property and

improvements consisting of a house or building containing one to four (4) dwelling units as required

under this chapter or the seller may use a disclosure form substantially conforming to the

requirements of this section. The following provisions shall appear conspicuously at the top of any

written disclosure form: “Prior to the signing of an agreement to transfer real estate (vacant land or

real property and improvements consisting of a house or building containing one to four (4)

dwelling units), the seller is providing the buyer with this written disclosure of all deficient

conditions of which the seller has knowledge. This is not a warranty by the seller that no other

defective conditions exist, which there may or may not be. The buyer should estimate the cost of

repair or replacement of deficient conditions prior to submitting an offer on this real estate. The

buyer is advised not to rely solely upon the representation of the seller made in this disclosure, but

to conduct any inspections or investigations the buyer deems to be necessary to protect his or her

best interest.” Nothing contained in this section shall be construed to impose an affirmative duty

on the seller to conduct inspections as to the condition of this real estate.

     (2) The disclosure form for vacant land shall include the following information:

     (i) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last

Pumped, Maintenance History, Defects)

     “Potential purchasers of real estate in the State of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in chapter 19.15 of title 23

("the The the (“Rhode Island cesspool act Cesspool Act of 2007"). Cesspools are a substandard

and inadequate means of sewage treatment and disposal, and cesspools often contribute to

groundwater and surface water contamination. Requirements for abandonment and replacement of

high-risk cesspools as established in chapter 19.15 of title 23 are primarily based upon a cesspool’s

nontreatment of wastewater and the inherent risks to public health and the environment due to a

cesspool’s distance from a tidal water area, or a public drinking water resource. Purchasers should

consult chapter 19.15 of title 23 for specific cesspool abandonment or replacement requirements.

An inspection of property served by an on-site sewage system by a qualified professional is

recommended prior to purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a

ten-(10)day (10) period to conduct an inspection of a property’s sewage system to determine if a

cesspool exists, and if so, whether it will be subject to the phase-out requirements as established in

chapter 19.15 of title 23.”

     (ii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The

buyer understands that this property is, or will be served, by a private water supply (well) which

that may be susceptible to contamination and potentially harmful to health. If a public water supply

is not available, the private water supply must be tested in accordance with regulations established

by the Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is

required to provide the buyer with a copy of any previous private water supply (well) testing results

in the seller’s possession and notify the buyer of any known problems with the private water supply

(well).”

     (iii) Property Tax

     (iv) Easements and Encroachments — The seller of the real estate is required to provide

the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession

and notify the buyer of any known easements, encroachments, covenants, or restrictions of the

seller’s real estate. If the seller knows that the real estate has a conservation easement or other

conservation or preservation restriction as defined in § 34-39-2, the seller is required to disclose

that information and provide the buyer with a copy of any documentation in the seller’s possession

regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or

other survey independently performed at his or her the buyer’s own expense.

     (v) Deed — (Type, Number of Parcels)

     (vi) Zoning — (Permitted use, Classification) “Buyers of real estate in the State of Rhode

Island are legally obligated to comply with all local real estate ordinances; including, but not limited

to, ordinances on the number of unrelated persons who may legally reside in a dwelling, as well as

ordinances on the number of dwelling units permitted under the local zoning ordinances.” If the

subject property is located in a historic district, that fact must be disclosed to the buyer, together

with the notification that “property located in a historic district may be subject to construction,

expansion, or renovation limitations. Contact the local building inspection official for details.”

     (vii) Restrictions — (Plat or Other)

     (viii) Building Permits

     (ix) Flood Plain — (Flood Insurance)

     (x) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond, marsh,

river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated buffer

areas may impact future property development. The seller must disclose to the buyer any such

determination on all or part of the land made by the department of environmental management.

     (xi) Hazardous Waste — (Asbestos and Other Contaminants)

     (xii) Miscellaneous

     (xiii) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (3) The disclosure form for the sale of real property and improvements consisting of a

house or building containing one to four (4) dwelling units shall include the following information:

     (i) Seller Occupancy — (Length of Occupancy)

     (ii) Year Built

     (iii) Basement — (Seepage, Leaks, Cracks, etc. Defects)

     (iv) Sump Pump — (Operational, Location, and Defects)

     (v) Roof (Layers, Age, and Defects)

     (vi) Fireplaces — (Number, Working and Maintenance, Defects)

     (vii) Chimney — (Maintenance History, Defects)

     (viii) Woodburning Stove — (Installation Date, Permit Received, Defects)

     (ix) Structural Conditions — (Defects)

     (x) Insulation — (Wall, Ceiling, Floor, UFFI)

     (xi) Termites or other Pests — (Treatment Company)

     (xii) Radon — (Test, Company) “Radon has been determined to exist in the State of Rhode

Island. Testing for the presence of radon in residential real estate prior to purchase is advisable.”

     (xiii) Electrical Service — (Imp. & Repairs, Electrical Service, Amps, Defects,

Modifications)

     (xiv) Heating System — (Type, Imp. & Repairs, Underground Tanks, Zones, Supplemental

Heating, Defects, Modifications)

     (xv) Air Conditioning — (Imp. & Repairs, Type, Defects)

     (xvi) Plumbing — (Imp. & Repairs, Defects, Modifications)

     (xvii) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last

Pumped, Maintenance History, Defects)

     “Potential purchasers of real estate in the state of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in Rhode Island general law

Rhode Island general law chapter 19.15 of title 23 (The the (Rhode Island cesspool act Cesspool

Act of 2007). Cesspools are a substandard and inadequate means of sewage treatment and disposal,

and cesspools often contribute to groundwater and surface water contamination. Requirements for

abandonment and replacement of high-risk cesspools as established in chapter 19.15 of title 23 are

primarily based upon a cesspool’s nontreatment of wastewater and the inherent risks to public

health and the environment due to a cesspool’s distance from a tidal water area, or a public drinking

water resource. Purchasers should consult chapter 19.15 of title 23 for specific cesspool

abandonment or replacement requirements. An inspection of property served by an on-site sewage

system by a qualified professional is recommended prior to purchase. Pursuant to § 5-20.8-13,

potential purchasers shall be permitted a ten-day (10) period to conduct an inspection of a

property’s sewage system to determine if a cesspool exists, and if so, whether it will be subject to

the phase-out requirements as established in chapter 19.15 of title 23.”

     (xviii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The

buyer understands that this property is, or will be served, by a private water supply (well) which

that may be susceptible to contamination and potentially harmful to health. If a public water supply

is not available, the private water supply must be tested in accordance with regulations established

by the Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is

required to provide the buyer with a copy of any previous private water supply (well) testing results

in the seller’s possession and notify the buyer of any known problems with the private water supply

(well).”

     (xix) Domestic Hot Water — (Imp. & Repairs, Type, Defects, Capacity of Tank)

     (xx) Property Tax

     (xxi) Easements and Encroachments — The seller of the real estate is required to provide

the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession

and notify the buyer of any known easements, encroachments, covenants, or restrictions of the

seller’s real estate. If the seller knows that the real estate has a conservation easement or other

conservation or preservation restriction as defined in § 34-39-1, the seller is required to disclose

that information and provide the buyer with a copy of any documentation in the seller’s possession

regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or

other survey independently performed at his or her own expense.

     (xxii) Deed — (Type, Number of Parcels)

     (xxiii) Zoning — (Permitted use, Classification) “Buyers of real estate in the state of Rhode

Island are legally obligated to comply with all local real estate ordinances; including, but not limited

to, ordinances on the number of unrelated persons who may legally reside in a dwelling, as well as

ordinances on the number of dwelling units permitted under the local zoning ordinances.” If the

subject property is located in a historic district, that fact must be disclosed to the buyer, together

with the notification that “property located in a historic district may be subject to construction,

expansion, or renovation limitations. Contact the local building inspection official for details.”

     (xxiv) Restrictions — (Plat or Other)

     (xxv) Building Permits

     (xxvi) Minimum Housing — (Violations)

     (xxvii) Flood Plain — (Flood Insurance)

     (xxviii) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond,

marsh, river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated

buffer areas may impact future property development. The seller must disclose to the buyer any

such determination on all or part of the land made by the department of environmental management.

     (xxix) Multi-family or other Rental Property — (Rental Income)

     (xxx) Pools & Equipment — (Type, Defects)

     (xxxi) Lead Paint — (Inspection) Every buyer of residential real estate built prior to 1978

is hereby notified that those properties may have lead exposures that may place young children at

risk of developing lead poisoning. Lead poisoning in young children may produce permanent

neurological damage, including learning disabilities, reduced IQ behavioral problems, and

impaired memory. The seller of that property is required to provide the buyer with a copy of any

lead inspection report in the seller’s possession and notify the buyer of any known lead poisoning

problem. Environmental lead inspection is recommended prior to purchase.

     (xxxii) Fire

     (xxxiii) Hazardous Waste — (Asbestos and Other Contaminants)

     (xxxiv) Miscellaneous

     (xxxv) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (xxxvi) Mold — (Type, repairs, alterations, modifications).

     (xxxvii) Ventilation system modifications.

     (xxxviii) Moisture penetration and damage.

     (c) Any agreement to transfer real estate shall contain an acknowledgement that a

completed real estate disclosure form has been provided to the buyer by the seller in accordance

with the provisions of this section.

     (d) The Rhode Island real estate commission has the right to amend the seller disclosure

requirements by adding or deleting requirements when there is a determination that health, safety,

or legal needs require a change. Any change to requirements shall be a rule change, subject to the

administrative procedures act, chapter 35 of title 42. The power of the commission to amend the

written disclosure requirements shall be liberally construed so as to allow additional information to

be provided as to the structural components, housing systems, and other property information as

required by this chapter.


 

 

38)

Section

Amended Chapter Numbers:

 

5-20.8-5

71 and 72

 

 

5-20.8-5. Real estate disclosure form acknowledgement — Inclusion in real estate

sales agreements — Penalty for violation.

     (a) Every agreement for the purchase and sale of residential real estate located in the state

shall contain an acknowledgement that a completed real estate disclosure form has been provided

to the buyer by the seller.

     (b) Failure to provide the seller disclosure form to the buyer does not void the agreement

nor create any defect in title. Each violation of this statute by the seller or his or her agent is subject

to a maximum civil penalty in the amount of one hundred thousand dollars ($100 1,000) per

occurrence.


 

 

 

39)

Section

Amended Chapter Numbers:

 

5-20.8-11

333 and 334

 

 

5-20.8-11. Lead inspection requirement.

     (a) Every contract for the purchase and sale of residential real estate (1-4 family)- built

prior to 1978 2011) located in the state shall provide that potential purchasers be permitted a ten-

day (10) period, unless the parties mutually agree upon a different period of time, to conduct a risk

assessment or inspection for the presence of lead exposure hazards before becoming obligated

under the contract to purchase.

     (b) Failure to include the provision required in subsection (a) in the purchase and sale

agreement for residential real estate does not create any defect in title; provided, that each violation

of this section by the seller or his or her their agent is subject to a civil penalty of not less than one

hundred dollars ($100) nor more than five hundred dollars ($500).

     (c) Failure to provide inspection results and/or educational materials pursuant to

department regulations required by § 23-24.6-16(a) does not create any defect in title; provided,

that each violation of this section by the seller or his or her their agent is subject to a civil penalty

of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

     (d) Failure to include the purchase and sale agreement provision required in subsection (a);

failure to provide inspection results pursuant to § 23-24.6-16(a); or inspection results that show a

lead exposure hazard as defined at § 23-24.6-4(12) entitles the purchaser to void the purchase and

sale agreement by providing notice, in writing, to the seller prior to the transfer of the title at closing.

 


 

 

 

 

40)

Section

Amended Chapter Numbers:

 

5-20.9-2

163 and 164

 

 

5-20.9-2. Definitions.

     (a) All definitions set forth in § 5-20.7-2 are herein incorporated by reference.

     (b) As used in this chapter, the following terms shall have the following meanings unless

the context clearly specifies otherwise:

     (1) “Appraisal” means an analysis, opinion, or conclusion relating to the nature, quality,

value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be

classified by subject matter into either a valuation or an analysis.

     (i) A “valuation” is an estimate of the value of real estate or real property.

     (ii) An “analysis” is a study of real estate or real property other than estimating value.

     (2) “Appraisal management company” means:

     (i) In connection with valuing properties collateralizing mortgage loans or mortgages

incorporated into a securitization, any external third party authorized either by a creditor of a

consumer credit transaction secured by a consumer’s principal dwelling, or by an underwriter of or

other principal in the secondary mortgage markets, that oversees a network or panel of more than

fifteen (15) certified or licensed appraisers in Rhode Island or twenty-five (25) or more nationally,

excluding those appraisers who do not provide appraisal services for covered transactions, within

a given year to:

     (A) Recruit, select, and retain appraisers;

     (B) Contract with licensed and certified appraisers to perform appraisal assignments;

     (C) Manage the process of having an appraisal performed, including providing

administrative duties such as receiving appraisal orders and appraisal reports, submitting completed

appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for

services provided, and reimbursing appraisers for services performed; or

     (D) Review and verify the work of appraisers.

     (ii) An appraisal management company does not include any entity that employs real estate

appraisers as employees for the performance of real estate appraisal services in a manner consistent

with federal regulations promulgated in accordance with § 1473 of the Dodd-Frank Wall Street

Reform and Consumer Protection Act.

     (3) “Appraisal review” means the act or process of developing and communicating an

opinion about the quality of another appraiser’s work that was performed as part of an appraisal

assignment related to the appraiser’s data collection, analysis, opinions, conclusions, opinion of

value, or compliance with the Uniform Standards of Professional Appraisal Practice; provided

however, that “appraisal review” shall not include:

     (i) A general examination for grammatical, typographical, or similar errors; or

     (ii) A general examination for completeness, including regulatory or client requirements as

specified in an agreement that does not communicate an opinion of value.

     (4) “Appraiser panel” means a group of independent fee appraisers that have been selected

by an appraisal management company to perform residential real estate appraisal services for the

appraisal management company.

     (5) “Client” means any person or entity who or that contracts with, or otherwise enters into

an agreement with, an appraisal management company for the management of residential real estate

appraisal services.

     (6) “Controlling person” means:

     (i) An owner, officer, or director of a corporation, partnership, or other business entity

seeking to offer appraisal management services in this state; or

     (ii) An individual employed, appointed, or authorized by an appraisal management

company who has the authority to enter into a contractual relationship with clients for the

performance of appraisal management services and has the authority to enter into agreements with

independent appraisers for the performance of residential real estate appraisal services; or

     (iii) An individual who possesses, directly or indirectly, the power to direct or cause the

direction of the management or policies of an appraisal management company.

     (7) "Covered transaction" means any consumer credit transaction secured by the

consumer's principal dwelling.

     (7)(8) “Department” means the department of business regulation.

     (8)(9) “Director” means the director of the department of business regulation.

     (9)(10) “Independent fee appraiser” means:

     (i) A natural person who is a state-licensed or state-certified appraiser and receives a fee

for performing an appraisal, but who is not an employee of the person engaging the appraiser; or

     (ii) An organization that, in the ordinary course of business, employs state-licensed or state-

certified appraisers to perform appraisals, receives a fee for performing the appraisals, and is not

subject to § 1124 of the federal Financial Institutions Reform, Recovery and Enforcement Act of

1989 (“FIRREA”), 12 U.S.C. § 3353.

     (10)(11) “Real estate appraisal services” means the practice of developing an appraisal by

a licensed or certified appraiser in conformance with the USPAP.

     (11)(12) “USPAP” mean the Uniform Standards for Professional Appraisal Practice

published by the Appraisal Foundation.


 

 

 

41)

Section

Amended Chapter Numbers:

 

5-20.9-4

163 and 164

 

 

5-20.9-4. Requirements for registration.

     (a) Appraisal management companies shall provide the following information upon

registration:

     (1) Name and contact information of the entity seeking registration;

     (2) Name and contact information of the controlling person for the entity;

     (3) If the entity is not a corporation domiciled in this state, the name and contact

information for the company’s agent for service of process in this state; and

     (4) Name, address, and contact information for any individual or any corporation,

partnership, or other business entity who or that owns 10% or more of the appraisal management

company.

     (b) Contact information shall include the entity’s business and mailing address, telephone

number, facsimile number, and electronic mail (email) address.

     (c) An appraisal management company shall certify that the following is true upon its initial

registration and upon each renewal of its registration:

     (1) The registered entity has a system and process in place to verify that a person being

added to the appraiser panel of the appraisal management company holds a certification or license

in good standing in this state any jurisdiction to perform appraisals;

     (2) The registered entity has a system in place to periodically perform a quality assurance

review of the work of independent fee appraisers who or that are performing real estate appraisal

services on its behalf to ensure that appraisal services are being conducted in accordance with

USPAP;

     (3) The registered entity maintains a detailed record of each service request that it receives

for five (5) years;

     (4) The registered entity maintains a system to assure that the appraiser selected for an

appraisal assignment is independent of the transaction and has the requisite education, expertise,

and experience necessary to competently complete the appraisal assignment for the particular

market and property type; and

     (5) The registered entity will have a system in place to ensure that real estate appraisal

services are provided independently and free from inappropriate influence and coercion under the

appraisal independence standards established under § 129E of the Truth in Lending Act, 15 U.S.C.

§ 1639e, including the requirement that independent fee appraisers be compensated at a customary

and reasonable rate when the appraisal management company is providing services for a consumer

credit transaction secured by the principal dwelling of a consumer.

     (d) A person who, directly or indirectly, owns more than ten percent (10%) of an applicant,

or any officer, controlling person, employee in charge, or managing principal of an applicant, shall

furnish to the department authorization for a state or national criminal history background check.

An appraisal management company that has an owner of more than ten percent (10%), directly or

indirectly, or any officer, controlling person, employee in charge, or managing principal, who has

had a license or certificate to act as an appraiser or to engage in any activity related to the transfer

of real property refused, denied, canceled, or revoked in this state or in any other state, whether on

a temporary or permanent basis, or who is not of good moral character as determined by the

director, shall not be eligible for licensure.

     (e) Ownership requirements. An AMC appraisal management company shall not be

registered in this state if:

     (1) Any person who owns, in whole or in part, directly or indirectly, more than ten percent

(10%) of the AMC appraisal management company fails to submit to a background investigation,

and/or is determined by the director not to have good moral character as determined by an analysis

of the factors in § 28-5.1-14.

     (2) The AMC appraisal management company is owned in whole or in part, directly or

indirectly, by any person who has had a license or certificate to act as an appraiser refused, denied,

canceled, surrendered in lieu of revocation, or revoked in this state or in any other state for

substantive cause, as determined by the appropriate certifying and licensing agency. However, an

AMC appraisal management company is not barred from registration if the license or certificate

of the appraiser with an ownership interest was not revoked for a substantive cause and has been

reinstated by the state or states in which the appraiser was licensed or certified.

 


 

 

 

 

 

42)

Section

Amended Chapter Numbers:

 

5-20.9-8

163 and 164

 

 

5-20.9-8. Expiration of registration.

     A registration granted by the department pursuant to this chapter shall be valid for two (2)

years one year from the date on which it is issued.


 

 

 

43)

Section

Amended Chapter Numbers:

 

5-20.9-9

163 and 164

 

 

5-20.9-9. Grounds for denial, suspension, or revocation of registration — Fines and

penalties.

     (a) The department may deny, censure, suspend, or revoke a registration of an appraisal

management company issued under this chapter, levy fines or impose civil penalties not to exceed

five thousand dollars ($5,000) per violation, if in the opinion of the department, an appraisal

management company is attempting to perform, has performed, or has attempted to perform any of

the following acts:

     (1) The appraisal management company has filed an application for registration that, as of

its effective date or as of any date after filing, contained any statement that, in light of the

circumstances under which it was made, is false or misleading with respect to any material fact;

     (2) The appraisal management company has violated or failed to comply with any provision

of this chapter, or any rule adopted by the department;

     (3) The appraisal management company is permanently or temporarily enjoined by any

court of competent jurisdiction from engaging in or continuing any conduct or practice involving

any aspect of the real estate appraisal management business;

     (4) The appraisal management company or a controlling person thereof is the subject of an

order of the department or any other state appraiser regulatory agency denying, suspending, or

revoking that person’s license as a real estate appraiser;

     (5) The appraisal management company acted as an appraisal management company while

not properly registered with the department;

     (6) The appraisal management company has failed to pay the proper filing or renewal fee

under this chapter;

     (7) The appraisal management company has demonstrated incompetence,

untrustworthiness, or conduct or practices that render the applicant unfit to perform appraisal

management services; or

     (8) The appraisal management company has committed any of the prohibited practices set

forth in this chapter or in the department’s regulations.

     (b) The department shall provide written notice of the denial, suspension, or revocation of

a registration under this chapter. Any party aggrieved by the department’s decision regarding

registration issuance or renewal may, within ten (10) days of the decision, appeal the matter to the

director by submitting a written request for a formal hearing to be conducted in accordance with

the provisions of § 5-20.9-17 5-20.9-18.


 

 

 

44)

Section

Repealed Chapter Numbers:

 

5-20.9-10

163 and 164

 

 

5-20.9-10. [Repealed]


 

 

 

45)

Section

Amended Chapter Numbers:

 

5-20.9-11

163 and 164

 

 

5-20.9-11. Controlling person and appraisal review employees.

     (a) Each appraisal management company applying to the department for a registration in

this state shall designate one controlling person who will be the principal contact for all

communication between the department and the appraisal management company.

     (b) Any employee of the appraisal management company who has the responsibility to

conduct an appraisal review, as defined in § 5-20.9-2, of the work of independent fee appraisers

must have a current USPAP certification be a state-licensed or certified appraiser.


 

 

 

46)

Section

Amended Chapter Numbers:

 

5-20.9-15

163 and 164

 

 

5-20.9-15. Adjudication of disputes between an appraisal management company and

an appraiser.

     (a) Except within the first thirty (30) days after an independent appraiser is added to the

appraiser panel of an appraisal management company, an An appraisal management company may

not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real

estate appraisal services to an independent appraiser without:

     (1) Notifying the appraiser in writing of the reasons why the appraiser is being removed

from the appraiser panel of the appraisal management company, including the alleged statutory or

USPAP violation, if any; and

     (2) Providing an opportunity for the appraiser to respond to the notification of the appraisal

management company.

     (b) An appraiser that is removed from the appraiser panel of an appraisal management

company for alleged illegal conduct, violation of the USPAP, or violation of state licensing statutes,

may file a complaint with the department for a review of the decision of the appraisal management

company. The review of the department in any such case is limited to determining whether the

appraisal management company has complied with subsection (a) of this section and whether the

appraiser has committed a violation of state law, state licensing standards, or a violation of the

USPAP.

     (c) If, after opportunity for hearing and review, the department determines that an appraisal

management company acted improperly in removing an appraiser from the appraiser panel, or that

an appraiser did not commit a violation of law, a violation of the USPAP, or a violation of state

licensing standards, the department may order that an appraiser be restored to the appraiser panel

of the appraisal management company that was the subject of the complaint, or impose any other

administrative penalties set forth in regulations.

     (d) Hearings will be conducted in accordance with § 5-20.9-17 5-20.9-18, chapter 35 of

title 42, and the department’s rules of procedure for administrative hearings.


 

 

 

47)

Section

Amended Chapter Numbers:

 

5-34.3-3

338 and 397

 

 

5-34.3-3. Legislative findings.

     (a) The general assembly finds and declares that:

     (1) The health and safety of the public are affected by the degree of compliance with and

the effectiveness of enforcement activities related to state nurse licensure laws;

     (2) Violations of nurse licensure and other laws regulating the practice of nursing may

result in injury or harm to the public;

     (3) The expanded mobility of nurses and the use of advanced communication technologies

as part of our nation’s healthcare delivery system require greater coordination and cooperation

among states in the areas of nurse licensure and regulations;

     (4) New practice modalities and technology make compliance with individual state nurse

licensure laws difficult and complex; and

     (5) The current system of duplicative licensure for nurses practicing in multiple states is

cumbersome and redundant to both nurses and states.; and

     (6) Uniformity of nurse licensure requirements throughout the states promotes public safety

and public health benefits.

     (b) The general purposes of this compact are to:

     (1) Facilitate the states’ responsibility to protect the public’s health and safety;

     (2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and

regulation;

     (3) Facilitate the exchange of information between party states in the areas of nurse

regulation, investigation, and adverse actions;

     (4) Promote compliance with the laws governing the practice of nursing in each

jurisdiction; and

     (5) Invest all party states with the authority to hold a nurse accountable for meeting all state

practice laws in the state in which the patient is located at the time care is rendered through the

mutual recognition of party state licenses.;

     (6) Decrease redundancies in the consideration and issuance of nurse licenses; and

     (7) Provide opportunities for interstate practice by nurses who meet uniform licensure

requirements.


 

 

 

48)

Section

Amended Chapter Numbers:

 

5-34.3-4

338 and 397

 

 

5-34.3-4. Definitions.

     As used in this chapter:

     (1) "Adverse action" means a home or remote state action any administrative, civil,

equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or

other authority against a nurse, including actions against an individual's license or multistate

licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation

on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization

to practice, including issuance of a cease and desist action.

     (2) "Alternative program" means a voluntary, nondisciplinary monitoring program

approved by a nurse licensing board.

     (3) "Commission" means the interstate commission of nurse license licensure compact

administrators, the governing body of the nurse licensure compact.

     (3)(4) "Coordinated licensure information system" means an integrated process for

collecting, storing, and sharing information on nurse licensure and enforcement activities related

to nurse licensure laws, which that is administered by a nonprofit organization composed of and

controlled by state nurse licensing boards.

     (4)(5) "Current significant investigative information" means investigative information that

a licensing board, after a preliminary inquiry that includes notification and an opportunity for the

nurse to respond if required by state law, has reason to believe is not groundless and, if proved true,

would indicate more than a minor infraction; or investigative information that indicates that the

nurse represents an immediate threat to public health and safety regardless of whether the nurse has

been notified and had an opportunity to respond.

     (6) "Encumbrance" means a revocation or suspension of, or any limitation placed on, the

full and unrestricted practice of nursing imposed by a licensing board.

     (5)(7) "Home state" means the party state which is the nurse’s primary state of residence.

     (6)(8) "Home state action" means any administrative, civil, equitable, or criminal action

permitted by the home state’s laws which are that is imposed on a nurse by the home state’s

licensing board or other authority including actions against an individual’s license such as:

revocation, suspension, probation, or any other action which affects a nurse’s authorization to

practice.

     (7)(9) "Licensing board" means a party state’s regulatory body responsible for issuing

nurse licenses.

     (8)(10) "Multistate licensure privilege" means current, official authority from a remote

state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational

nurse in such party state. All party states have the authority, in accordance with existing state due

process law, to take actions against the nurse’s privilege such as: revocation, suspension, probation,

or any other action which affects a nurse’s authorization to practice a license to practice as a

registered nurse (RN) or a licensed practical nurse/vocational nurse (LPN/VN) issued by a home

state licensing board, that authorizes the licensed nurse to practice in all party states under a

multistate licensure privilege.

     (11) "Multistate licensure privilege" means a legal authorization associated with a

multistate license, permitting the practice of nursing as either a registered nurse (RN) or licensed

practical nurse/vocational nurse (LPN/VN) in a remote state.

      (9)(12) "Nurse" means a registered nurse or licensed practical/vocational nurse, as those

terms are defined by each party’s state practice laws.

     (10)(13) "Party state" means any state that has adopted this compact.

     (11)(14) "Remote state" means a party state, other than the home state, where the patient

is located at the time nursing care is provided, or, in the case of the practice of nursing not involving

a patient, in such party state where the recipient of nursing practice is located.

     (12)(15) "Remote state action" means any administrative, civil, equitable, or criminal

action permitted by a remote state’s laws which are that is imposed on a nurse by the remote state’s

licensing board or other authority including actions against an individual’s multistate licensure

privilege to practice in the remote state, and cease and desist and other injunctive or equitable orders

issued by remote states or the licensing boards thereof.

     (16) "Single-state license" means a nurse license issued by a party state that authorizes

practice only within the issuing state and does not include a multistate licensure privilege to practice

in any other party state.

     (13)(17) "State" means a state, territory, or possession of the United States, and the District

of Columbia.

     (14)(18) "State practice laws" means those individual party’s party state state’s laws and

regulations that govern the practice of nursing, define the scope of nursing practice, and create the

methods and grounds for imposing discipline. It does not include the initial qualifications for

licensure or requirements necessary to obtain and retain a license, except for qualifications or

requirements of the home state.


 

 

49)

Section

Amended Chapter Numbers:

 

5-34.3-5

338 and 397

 

 

5-34.3-5. General provisions and jurisdiction.

     (a) A license to practice registered nursing issued by a home state to a resident in that state

will be recognized by each party state as authorizing a multistate licensure privilege to practice as

a registered nurse in such party state. A license to practice licensed practical/vocational nursing

issued by a home state to a resident in that state will be recognized by each party state as authorizing

a multistate licensure privilege to practice as a licensed practical/vocational nurse in such party

state. In order to obtain or retain a license, an applicant must meet the home state’s qualifications

for licensure and license renewal as well as all other applicable state laws.

     (b) Party states may, in accordance with state due process laws, limit or revoke the

multistate licensure privilege of any nurse to practice in their state and may take any other actions

under their applicable state laws necessary to protect the health and safety of their citizens. If a

party state takes such action, it shall promptly notify the administrator of the coordinated licensure

information system. The administrator of the coordinated licensure information system shall

promptly notify the home state of any such actions by remote states.

     (c) Every nurse practicing in a party state must comply with the state practice laws of the

state in which the patient is located at the time care is rendered. In addition, the practice of nursing

is not limited to patient care, but shall include all nursing practice as defined by the state practice

laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse

licensing board and courts, as well as the laws, in that party state.

     (d) This compact does not affect additional requirements imposed by states for advanced

practice registered nursing. However, a multistate licensure privilege to practice registered nursing

granted by a party shall be recognized by other party states as a license to practice registered nursing

if one is required by state law as a precondition for qualifying for advanced practice registered

nurse authorization.

     (e) Individuals not residing in a party state shall continue to be able to apply for nurse

licensure as provided for under the laws of each party state. However, the license granted to these

individuals will not be recognized as granting the privilege to practice nursing in any other party

state unless explicitly agreed to by that party state.

     (a) A multistate license to practice registered or licensed practical nursing/vocational

nursing issued by a home state to a resident in that state will be recognized by each party state as

authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical nurse/vocational

nurse (LPN/VN), under a multistate licensure privilege, in each party state.

     (b) A state must implement procedures for considering the criminal history records of

applicants for initial multistate license or licensure by endorsement. Such procedures shall include

the submission of fingerprints or other biometric-based information by applicants for the purpose

of obtaining an applicant's criminal history record information from the Federal Bureau of

Investigation, and the agency responsible for maintaining that state's criminal records.

     (c) Each party state shall require the following for an applicant to obtain or retain a

multistate license in the home state:

     (1) Meets the home state's qualifications for licensure or renewal of licensure, as well as

all other applicable state laws;

     (2)(i) Has graduated or is eligible to graduate from a licensing board-approved RN or

LPN/VN prelicensure education program; or

     (ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that:

     (A) Has been approved by the authorized accrediting body in the applicable country; and

     (B) Has been verified by an independent credentials review agency to be comparable to a

licensing board-approved prelicensure education program;

     (3) Has, if a graduate of a foreign prelicensure education program not taught in English or

if English is not the individual's native language, successfully passed an English proficiency

examination that includes the components of reading, speaking, writing and listening;

     (4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized

predecessor, as applicable;

     (5) Is eligible for or holds an active, unencumbered license;

     (6) Has submitted, in connection with an application for initial licensure or licensure by

endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history

record information from the Federal Bureau of Investigation and the agency responsible for

maintaining that state's criminal records;

     (7) Has not been convicted or found guilty nor entered into an agreed disposition of a felony

offense under applicable state or federal criminal law;

     (8) Has not been convicted or found guilty nor entered into an agreed disposition of a

misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;

     (9) Is not currently enrolled in an alternative program;

     (10) Is subject to self-disclosure requirements regarding current participation in an

alternative program; and

     (11) Has a valid United States Social Security number.

     (d) All party states shall be authorized, in accordance with existing state due process law,

to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension,

probation, or any other action that affects a nurse's authorization to practice under a multistate

licensure privilege, including cease and desist actions. If a party state takes such action, it shall

promptly notify the administrator of the coordinated licensure information system. The

administrator of the coordinated licensure information system shall promptly notify the home state

of any such actions by remote states.

     (e) A nurse practicing in a party state must comply with the state practice laws of the state

in which the client is located at the time service is provided. The practice of nursing is not limited

to patient care, but shall include all nursing practice as defined by the state practice laws of the

party state in which the client is located. The practice of nursing in a party state under a multistate

licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the

laws of the party state in which the client is located at the time service is provided.

     (f) Individuals not residing in a party state shall continue to be able to apply for a party

state's single-state license as provided under the laws of each party state. However, the single-state

license granted to these individuals will not be recognized as granting the privilege to practice

nursing in any other party state. Nothing in this compact shall affect the requirements established

by a party state for the issuance of a single-state license.

     (g) Any nurse holding a home state multistate license, on the effective date of this compact,

may retain and renew the multistate license issued by the nurse's then-current home state, provided

that:

     (1) A nurse, who changes primary state of residence after this compact's effective date,

must meet all applicable requirements to obtain a multistate license from a new home state; and

     (2) A nurse who fails to satisfy the multistate licensure requirements due to a disqualifying

event occurring after this compact's effective date shall be ineligible to retain or renew a multistate

license, and the nurse's multistate license shall be revoked or deactivated in accordance with

applicable rules adopted by the commission.


 

 

 

50)

Section

Amended Chapter Numbers:

 

5-34.3-6

338 and 397

 

 

5-34.3-6. Applications for licensure in a party state.

     (a) Upon application for a license, the licensing board in a party state shall ascertain,

through the coordinated licensure information system, whether the applicant has ever held, or is the

holder of, a license issued by any other state, whether there are any restrictions on the multistate

licensure privilege, and whether any other adverse action by any state has been taken against the

license.

     (b) A nurse in a party state shall hold licensure in only one party state at a time, issued by

the home state.

     (c) A nurse who intends to change primary state of residence may apply for licensure in

the new home state in advance of such change. However, new licenses will not be issued by a party

state until after a nurse provides evidence of change in primary state of residence satisfactory to the

new home state’s licensing board.

     (d) When a nurse changes primary state of residence by;

     (1) Moving between two party states, and obtains a license from the new home state, the

license from the former home state is no longer valid;

     (2) Moving from a non-party state to a party state, and obtains a license from the new home

state, the individual state license issued by the non-party state is not affected and will remain in full

force if so provided by the laws of the non-party state;

     (3) Moving from a party state to a non-party state, the license issued by the prior home

state converts to an individual state license, valid only in the former home state, without the

multistate licensure privilege to practice in other party states.

     (a) Upon application for a multistate license, the licensing board in the issuing party state

shall ascertain, through the coordinated licensure information system, whether the applicant has

ever held, or is the holder of, a license issued by any other state, whether there are any

encumbrances on any license or multistate licensure privilege held by the applicant, whether any

adverse action has been taken against any license or multistate licensure privilege held by the

applicant, and whether the applicant is currently participating in an alternative program.

     (b) A nurse may hold a multistate license, issued by the home state, in only one party state

at a time.

     (c) If a nurse changes primary state of residence by moving between two (2) party states,

the nurse must apply for licensure in the new home state, and the multistate license issued by the

prior home state will be deactivated in accordance with applicable rules adopted by the commission.

     (1) The nurse may apply for licensure in advance of a change in primary state of residence.

     (2) A multistate license shall not be issued by the new home state until the nurse provides

satisfactory evidence of a change in primary state of residence to the new home state and satisfies

all applicable requirements to obtain a multistate license from the new home state.

     (d) If a nurse changes primary state of residence by moving from a party state to a non-

party state, the multistate license issued by the prior home state will convert to a single-state license,

valid only in the former home state.


 

 

 

51)

Section

Repealed Chapter Numbers:

 

5-34.3-7

338 and 397

 

 

5-34.3-7. [Repealed]


 

 

 

52)

Section

Amended Chapter Numbers:

 

5-34.3-8

338 and 397

 

 

5-34.3-8. Additional authorities invested in party state nurse licensing boards.

     (a) Notwithstanding any other powers conferred by state law, party state nurse licensing

boards shall have the authority to:

     (1) If otherwise permitted by state law, recover from the affected nurse the costs of

investigations and disposition of cases resulting from any adverse action taken against that nurse;

     (2) Issue subpoenas for both hearings and investigations which require the attendance and

testimony of witnesses, and the production of evidence. Subpoenas issued by a nurse licensing

board in a party state for the attendance and testimony of witnesses, and/or the production of

evidence from another party state, shall be enforced in the latter state by any court of competent

jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in

proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses,

mileage and other fees required by the service statutes of the state where the witnesses and/or

evidence are located.

     (3) Issue cease and desist orders to limit or revoke a nurse’s authority to practice in their

state;

     (4) Promulgate uniform rules and regulations as provided for in § 5-34.3-10(c).

     (1) Take adverse action against a nurse's multistate licensure privilege to practice within

that party state.

     (i) Only the home state shall have the power to take adverse action against a nurse's license

issued by the home state.

     (ii) For purposes of taking adverse action, the home state licensing board shall give the

same priority and effect to reported conduct received from a remote state as it would if such conduct

had occurred within the home state. In so doing, the home state shall apply its own state laws to

determine appropriate action.

     (2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to

practice within that party state.

     (3) Complete any pending investigations of a nurse who changes primary state of residence

during the course of such investigations. The licensing board shall also have the authority to take

appropriate action(s) and shall promptly report the conclusions of such investigations to the

administrator of the coordinated licensure information system. The administrator of the coordinated

licensure information system shall promptly notify the new home state of any such actions.

     (4) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing

board in a party state for the attendance and testimony of witnesses or the production of evidence

from another party state shall be enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to subpoenas issued in proceedings

pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the state in which the witnesses or evidence are located.

     (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-

based information to the Federal Bureau of Investigation for criminal background checks, receive

the results of the Federal Bureau of Investigation record search on criminal background checks,

and use the results in making licensure decisions.

     (6) If otherwise permitted by state law, recover from the affected nurse the costs of

investigations and disposition of cases resulting from any adverse action taken against that nurse.

     (7) Take adverse action based on the factual findings of the remote state, provided that the

licensing board follows its own procedures for taking such adverse action.

     (b) If adverse action is taken by the home state against a nurse's multistate license, the

nurse's multistate licensure privilege to practice in all other party states shall be deactivated until

all encumbrances have been removed from the multistate license. All home state disciplinary orders

that impose adverse action against a nurse's multistate license shall include a statement that the

nurse's multistate licensure privilege is deactivated in all party states during the pendency of the

order.

     (c) Nothing in this compact shall override a party state's decision that participation in an

alternative program may be used in lieu of adverse action. The home state licensing board shall

deactivate the multistate licensure privilege under the multistate license of any nurse for the

duration of the nurse's participation in an alternative program.


 

 

 

53)

Section

Amended Chapter Numbers:

 

5-34.3-9

338 and 397

 

 

5-34.3-9. Coordinated licensure information system and exchange of information.

     (a) All party states shall participate in a cooperative effort to create a coordinated database

licensure information system of all licensed registered nurses (RNs) and licensed practical

nurses/vocational nurses (LPNs/VNs). This system will include information on the licensure and

disciplinary history of each nurse, as contributed submitted by party states, to assist in the

coordination of nurse licensure and enforcement efforts.

     (b) Notwithstanding any other provision of law, all party states’ licensing boards shall

promptly report adverse actions, actions against multistate licensure privileges, any current

significant investigative information yet to result in adverse action, denials of applications, and the

reasons for such denials, to the coordinated licensure information system.

     (b) The commission, in consultation with the administrator of the coordinated licensure

information system, shall formulate necessary and proper procedures for the identification,

collection, and exchange of information under this compact.

     (c) All licensing boards shall promptly report to the coordinated licensure information

system any adverse action, any current significant investigative information, denials of applications

(with the reasons for such denials), and nurse participation in alternative programs known to the

licensing board regardless of whether such participation is deemed nonpublic or confidential under

state law.

     (c)(d) Current significant investigative information shall be transmitted through the

coordinated licensure information system only to party state licensing boards.

     (d)(e) Notwithstanding any other provision of law, all party states’ licensing boards

contributing information to the coordinated licensure information system may designate

information that may not be shared with non-party states or disclosed to other entities or individuals

without the express permission of the contributing state.

     (e)(f) Any personally identifiable information obtained from the coordinated licensure

information system by a party state’s licensing board shall from the coordinated licensure

information system may not be shared with non-party states or disclosed to other entities or

individuals except to the extent permitted by the laws of the party state contributing the information.

     (f)(g) Any information contributed to the coordinated licensure information system that is

subsequently required to be expunged by the laws of the party state contributing that information,

shall also be expunged from the coordinated licensure information system.

     (g) The compact administrators, acting jointly with each other and in consultation with the

administrator of the coordinated licensure information system, shall formulate necessary and proper

procedures for the identification, collection and exchange of information under this compact.

     (h) The compact administrator of each party state shall furnish a uniform data set to the

compact administrator of each other party state, which shall include, at a minimum:

     (1) Identifying information;

     (2) Licensure data;

     (3) Information related to alternative program participation; and

     (4) Other information that may facilitate the administration of this compact, as determined

by commission rules.

     (i) The compact administrator of a party state shall provide all investigative documents and

information requested by another party state.


 

 

 

54)

Section

Amended Chapter Numbers:

 

5-34.3-10

338 and 397

 

 

5-34.3-10. Establishment of the interstate commission of nurse licensure compact administrators.

     (a) The head of the nurse licensing board, or his/her designee, of each party state shall be

the administrator of this compact for his/her state.

     (b) The compact administrator of each party shall furnish to the compact administrator of

each other party state any information and documents including, but not limited to, a uniform data

set of investigations, identifying information, licensure data, and disclosable alternative program

participation information to facilitate the administration of this compact.

     (c) Compact administrators shall have the authority to develop uniform rules to facilitate

and coordinate implementation of this compact. These uniform rules shall be adopted by party

states, under the authority invested under § 5-34.3-8(4).

     (a) The party states hereby create and establish a joint public entity known as the interstate

commission of nurse licensure compact administrators (the "commission").

     (1) The commission is an instrumentality of the party states.

     (2) Venue is proper, and judicial proceedings by or against the commission shall be brought

solely and exclusively, in a court of competent jurisdiction where the principal office of the

commission is located. The commission may waive venue and jurisdictional defenses to the extent

it adopts or consents to participate in alternative dispute resolution proceedings.

     (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

     (b) Membership, voting, and meetings:

     (1) Each party state shall have and be limited to one administrator. The head of the state

licensing board or designee shall be the administrator of this compact for each party state. Any

administrator may be removed or suspended from office as provided by the law of the state from

which the administrator is appointed. Any vacancy occurring in the commission shall be filled in

accordance with the laws of the party state in which the vacancy exists.

     (2) Each administrator shall be entitled to one vote with regard to the promulgation of rules

and creation of bylaws and shall otherwise have an opportunity to participate in the business and

affairs of the commission. An administrator shall vote in person or by such other means as provided

in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone

or other means of communication.

     (3) The commission shall meet at least once during each calendar year. Additional meetings

shall be held as set forth in the bylaws or rules of the commission.

     (4) All meetings shall be open to the public, and public notice of meetings shall be given

in the same manner as required under the rulemaking provisions in § 5-34.3-10.1.

     (5) The commission may convene in a closed, nonpublic meeting if the commission must

discuss:

     (i) Noncompliance of a party state with its obligations under this compact;

     (ii) The employment, compensation, discipline, or other personnel matters, practices, or

procedures related to specific employees or other matters related to the commission's internal

personnel practices and procedures;

     (iii) Current, threatened or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;

     (v) Accusing any person of a crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigatory records compiled for law enforcement purposes;

     (ix) Disclosure of information related to any reports prepared by or on behalf of the

commission for the purpose of investigation of compliance with this compact; or

     (x) Matters specifically exempted from disclosure by federal or state statute.

     (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the

commission's legal counsel or designee shall certify that the meeting may be closed and shall

reference each relevant exempting provision. The commission shall keep minutes that fully and

clearly describe all matters discussed in a meeting and shall provide a full and accurate summary

of actions taken, and the reasons therefor, including a description of the views expressed. All

documents considered in connection with an action shall be identified in such minutes. All minutes

and documents of a closed meeting shall remain under seal, subject to release by a majority vote of

the commission or order of a court of competent jurisdiction.

     (c) The commission shall, by a majority vote of the administrators, prescribe bylaws or

rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise

the powers of this compact, including, but not limited to:

     (1) Establishing the fiscal year of the commission;

     (2) Providing reasonable standards and procedures:

     (i) For the establishment and meetings of other committees; and

     (ii) Governing any general or specific delegation of any authority or function of the

commission;

     (3) Providing reasonable procedures for calling and conducting meetings of the

commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for

attendance of such meetings by interested parties, with enumerated exceptions designed to protect

the public's interest, the privacy of individuals, and proprietary information, including trade secrets.

The commission may meet in closed session only after a majority of the administrators vote to close

a meeting in whole or in part. As soon as practicable, the commission must make public a copy of

the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;

     (4) Establishing the titles, duties, authority, and reasonable procedures for the election of

the officers of the commission;

     (5) Providing reasonable standards and procedures for the establishment of the personnel

policies and programs of the commission. Notwithstanding any civil service or other similar laws

of any party state, the bylaws shall exclusively govern the personnel policies and programs of the

commission; and

     (6) Providing a mechanism for winding up the operations of the commission and the

equitable disposition of any surplus funds that may exist after the termination of this compact, after

the payment or reserving of all of its debts and obligations.

     (d) The commission shall publish its bylaws and rules, and any amendments thereto, in a

convenient form on the website of the commission.

     (e) The commission shall maintain its financial records in accordance with the bylaws.

     (f) The commission shall meet and take such actions as are consistent with the provisions

of this compact and the bylaws.

     (g) The commission shall have the following powers:

     (1) To promulgate uniform rules to facilitate and coordinate implementation and

administration of this compact. The rules shall have the force and effect of law and shall be binding

in all party states;

     (2) To bring and prosecute legal proceedings or actions in the name of the commission,

provided that the standing of any licensing board to sue or be sued under applicable law shall not

be affected;

     (3) To purchase and maintain insurance and bonds;

     (4) To borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a party state or nonprofit organizations;

     (5) To cooperate with other organizations that administer state compacts related to the

regulation of nursing, including, but not limited to, sharing administrative or staff expenses, office

space, or other resources;

     (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of this compact, and to establish the

commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

     (7) To accept any and all appropriate donations, grants, and gifts of money, equipment,

supplies, materials, and services, and to receive, utilize and dispose of the same; provided that at

all times the commission shall avoid any appearance of impropriety or conflict of interest;

     (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,

improve, or use, any property, whether real, personal or mixed; provided that at all times the

commission shall avoid any appearance of impropriety;

     (9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of

any property, whether real, personal or mixed;

     (10) To establish a budget and make expenditures;

     (11) To borrow money;

     (12) To appoint committees, including advisory committees comprised of administrators,

state nursing regulators, state legislators or their representatives, and consumer representatives, and

other such interested persons;

     (13) To provide and receive information from, and to cooperate with, law enforcement

agencies;

     (14) To adopt and use an official seal; and

     (15) To perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of nurse licensure and practice.

     (h) Financing of the commission.

     (1) The commission shall pay, or provide for the payment of, the reasonable expenses of

its establishment, organization, and ongoing activities;.

     (2) The commission may also levy on and collect an annual assessment from each party

state to cover the cost of its operations, activities, and staff in its annual budget as approved each

year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to

be determined by the commission, which shall promulgate a rule that is binding upon all party

states;.

     (3) The commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the commission pledge the credit of any of the party states,

except by, and with the authority of, such party state;.

     (4) The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission shall be subject to the audit and accounting

procedures established under its bylaws. However, all receipts and disbursements of funds handled

by the commission shall be audited yearly by a certified or licensed public accountant, and the

report of the audit shall be included in and become part of the annual report of the commission.

     (i) Qualified immunity, defense, and indemnification.

     (1) The administrators, officers, executive director, employees, and representatives of the

commission shall be immune from suit and liability, either personally or in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil liability caused by

or arising out of any actual or alleged act, error, or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred, within the scope of

commission employment, duties or responsibilities; provided that nothing in this paragraph shall

be construed to protect any such person from suit or liability for any damage, loss, injury, or liability

caused by the intentional, willful, or wanton misconduct of that person;.

     (2) The commission shall defend any administrator, officer, executive director, employee,

or representative of the commission in any civil action seeking to impose liability arising out of

any actual or alleged act, error, or omission that occurred within the scope of commission

employment, duties, or responsibilities, or that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope of commission employment, duties, or

responsibilities; provided that nothing herein shall be construed to prohibit that person from

retaining their own counsel; and provided further that the actual or alleged act, error or omission

did not result from that person’s intentional, willful, or wanton misconduct;.

     (3) The commission shall indemnify and hold harmless any administrator, officer,

executive director, employee, or representative of the commission for the amount of any settlement

or judgment obtained against that person arising out of any actual or alleged act, error, or omission

that occurred within the scope of commission employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred within the scope of commission employment,

duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result

from the intentional, willful, or wanton misconduct of that person.

 


 

 

 

55)

Section

Added Chapter Numbers:

 

5-34.3-10.1

338 and 397

 

 

5-34.3-10.1. Rulemaking.

     (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Rules and amendments shall become binding as of

the date specified in each rule or amendment and shall have the same force and effect as provisions

of this compact.

     (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the

commission.

     (c) Prior to promulgation and adoption of a final rule or rules by the commission, and at

least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon,

the commission shall file a notice of proposed rulemaking:

     (1) On the website of the commission; and

     (2) On the website of each licensing board or the publication in which each state would

otherwise publish proposed rules.

     (d) The notice of proposed rulemaking shall include:

     (1) The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

     (2) The text of the proposed rule or amendment, and the reason for the proposed rule;

     (3) A request for comments on the proposed rule from any interested person; and

     (4) The manner in which interested persons may submit notice to the commission of their

intention to attend the public hearing and any written comments.

     (e) Prior to adoption of a proposed rule, the commission shall allow persons to submit

written data, facts, opinions, and arguments, which shall be made available to the public.

     (f) The commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment.

     (g) The commission shall publish the place, time, and date of the scheduled public hearing.

     (1) Hearings shall be conducted in a manner providing each person who wishes to comment

a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded,

and a copy will be made available upon request.

     (2) Nothing in this section shall be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the commission at hearings required by this section.

     (h) If no one appears at the public hearing, the commission may proceed with promulgation

of the proposed rule.

     (i) Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and oral

comments received.

     (j) The commission shall, by majority vote of all administrators, take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking

record and the full text of the rule.

     (k) Upon determination that an emergency exists, the commission may consider and adopt

an emergency rule without prior notice, opportunity for comment, or hearing, provided that the

usual rulemaking procedures provided in this compact and in this section shall be retroactively

applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this provision, an emergency rule is one that must be

adopted immediately in order to:

     (1) Meet an imminent threat to public health, safety, or welfare;

     (2) Prevent a loss of commission or party state funds; or

     (3) Meet a deadline for the promulgation of an administrative rule that is required by federal

law or rule.

     (l) The commission may direct revisions to a previously adopted rule or amendment for

purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical

errors. Public notice of any revisions shall be posted on the website of the commission. The revision

shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision

may be challenged only on grounds that the revision results in a material change to a rule. A

challenge shall be made in writing, and delivered to the commission, prior to the end of the notice

period. If no challenge is made, the revision will take effect without further action. If the revision

is challenged, the revision may not take effect without the approval of the commission.


 

 

 

56)

Section

Added Chapter Numbers:

 

5-34.3-10.2

338 and 397

 

 

5-34.3-10.2. Oversight, dispute resolution, enforcement and department of health

obligations.

     (a) Oversight.

     (1) Each party state shall enforce this compact and take all actions necessary and

appropriate to effectuate this compact's purposes and intent.

     (2) The commission shall be entitled to receive service of process in any proceeding that

may affect the powers, responsibilities, or actions of the commission, and shall have standing to

intervene in such a proceeding for all purposes. Failure to provide service of process in such

proceeding to the commission shall render a judgment or order void as to the commission, this

compact, or promulgated rules.

     (b) Default, technical assistance, and termination.

     (1) If the commission determines that a party state has defaulted in the performance of its

obligations or responsibilities under this compact or the promulgated rules, the commission shall:

     (i) Provide written notice to the defaulting state and other party states of the nature of the

default, the proposed means of curing the default, or any other action to be taken by the

commission; and

     (ii) Provide remedial training and specific technical assistance regarding the default;.

     (2) If a state in default fails to cure the default, the defaulting state's membership in this

compact may be terminated upon an affirmative vote of a majority of the administrators, and all

rights, privileges, and benefits conferred by this compact may be terminated on the effective date

of termination. A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of default;.

     (3) Termination of membership in this compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given

by the commission to the governor of the defaulting state and to the executive officer of the

defaulting state's licensing board and each of the party states;.

     (4) A state whose membership in this compact has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the effective date of termination,

including obligations that extend beyond the effective date of termination;.

     (5) The commission shall not bear any costs related to a state that is found to be in default

or whose membership in this compact has been terminated unless agreed upon in writing between

the commission and the defaulting state;.

     (6) The defaulting state may appeal the action of the commission by petitioning the U.S.

District Court for the District of Columbia or the federal district in which the commission has its

principal offices. The prevailing party shall be awarded all costs of such litigation, including

reasonable attorneys' fees.

     (c) Dispute Resolution.

     (1) Upon request by a party state, the commission shall attempt to resolve disputes related

to the compact that arise among party states and between party and non-party states;.

     (2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes, as appropriate;.

     (3) In the event the commission cannot resolve disputes among party states arising under

this compact:

     (i) The party states may submit the issues in dispute to an arbitration panel, which will be

comprised of individuals appointed by the compact administrator in each of the affected party states

and an individual mutually agreed upon by the compact administrators of all the party states

involved in the dispute;

     (ii) The decision of a majority of the arbitrators shall be final and binding.

     (d) Enforcement.

     (1) The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact;.

     (2) By majority vote, the commission may initiate legal action in the U.S. District Court

for the District of Columbia or the federal district where the commission has its principal offices,

against a party state that is in default, to enforce compliance with the provisions of this compact

and its promulgated rules and bylaws. The relief sought may include both injunctive relief and

damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorneys' fees;.

     (3) The remedies herein shall not be the exclusive remedies of the commission. The

commission may also pursue any other remedies available under federal or state law.

     (e) Data collection - Reporting.

     (1) Data collection. Commencing in calendar year 2025, Rhode Island employers who

employ registered nurses or licensed practical or vocational nurses shall report to the Rhode Island

department of health (“RIDOH”), not later than January 30 of each year, the following information

and data for the employer, for the period of the immediately preceding calendar year (the “reporting

period”):

     (i) The number of new hires of registered nurses during the reporting period;

     (ii) The number of new hires of registered nurses who hold multistate licenses and are not

licensed in Rhode Island during the reporting period;

     (iii) The number of new hires of licensed practical nurses and vocational nurses during the

reporting period;

     (iv) The number of new hires of licensed practical nurses and vocational nurses who hold

multistate licenses and are not licensed in Rhode Island during the reporting period;

     (v) The total number of registered nurses employed during the reporting period; and

     (vi) The total number of licensed practical nurses and vocational nurses employed during

the reporting period.

     (2) Reporting. RIDOH shall annually compile the data received from employers pursuant

to subsection (a)(1) of this section and prepare a report that aggregates the information, and

disaggregated by new hires and retained employees, for registered nurses, license licensed practical

nurses, and vocational nurses, from the results of the data collected pursuant to subsection (e)(1) of

this section. This compiled data shall be incorporated into a report which shall be provided to the

governor, the speaker of the house, and the president of the senate, not later than March 1 of each

year, with the first report due on March 1, 2025.

     (f) Nurse license fees. RIDOH shall not increase the amount of any licensing fee for

registered nurses or a licensed practical nurse or vocational nurse, including, but not limited to,

license renewals, for a period of three (3) years commencing on January 1, 2024.


 

 

 

57)

Section

Repealed Chapter Numbers:

 

5-34.3-11

338 and 397

 

 

5-34.3-11. [Repealed]


 

 

 

58)

Section

Amended Chapter Numbers:

 

5-34.3-12

338 and 397

 

 

5-34.3-12.  Effective date, withdrawal and amendment.

     (a) This compact shall enter into force and become effective as to any state when it has

been enacted into the laws of that state. Any party state may withdraw from this compact by

enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months

after the withdrawing state has given notice of the withdrawal to the executive heads of all other

party states.

     (b) No withdrawal shall affect the validity or applicability by the licensing boards of states

remaining party to the compact of any report of adverse action occurring prior to the withdrawal.

     (c) Nothing contained in this compact shall be construed to invalidate or prevent any nurse

licensure agreement or other cooperative arrangement between a party state and a non-party state

that is made in accordance with the other provisions of this compact.

     (d) This compact may be amended by the party states. No amendment to this compact shall

become effective and binding upon the party states unless and until it is enacted into the laws of all

party states.

     (a) This compact shall become effective upon passage. All party states to this compact, that

also were parties to the prior nurse licensure compact superseded by this compact ("prior

compact"), shall be deemed to have withdrawn from said prior compact within six (6) months after

the effective date of this compact.

     (b) Each party state to this compact shall continue to recognize a nurse's multistate

licensure privilege to practice in that party state issued under the prior compact until such party

state has withdrawn from the prior compact.

     (c) Any party state may withdraw from this compact by enacting a statute repealing the

same. A party state's withdrawal shall not take effect until six (6) months after enactment of the

repealing statute.

     (d) A party state's withdrawal or termination shall not affect the continuing requirement of

the withdrawing or terminated state's licensing board to report adverse actions and significant

investigations occurring prior to the effective date of such withdrawal or termination.

     (e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse

licensure agreement or other cooperative arrangement between a party state and a non-party state

that is made in accordance with the other provisions of this compact.

     (f) This compact may be amended by the party states. No amendment to this compact shall

become effective and binding upon the party states unless and until it is enacted into the laws of all

party states.

     (g) Representatives of non-party states to this compact shall be invited to participate in the

activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all

states.


 

 

 

59)

Section

Amended Chapter Numbers:

 

5-34.3-14

338 and 397

 

 

5-34.3-14. Construction and severability.

     (a) This compact shall be liberally construed so as to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence or provision of

this compact is declared to be contrary to the constitution of any party state or of the United States

or the applicability thereof to any government, agency, person, or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to any government, agency,

person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the

constitution of any state party state thereto, the compact shall remain in full force and effect as to

the remaining party states and in full force and effect as to the party state affected as to all severable

matters.

     (b) In the event party states find a need for settling disputes arising under this compact:

     (1) The party states may submit the issues in dispute to an arbitration panel which will be

comprised of an individual appointed by the compact administrator in the home state; an individual

appointed by the compact administrator in the remote state(s) involved; and an individual mutually

agreed upon by the compact administrators of all the party states involved in the dispute.

     (2) The decision of a majority of the arbitrators shall be final and binding.


 

 

 

60)

Section

Amended Chapter Numbers:

 

5-40-23

47 and 48

 

 

5-40-23. Ordering diagnostic imaging — Sunset.

     (a) Physical therapists licensed pursuant to § 5-40-7 may order diagnostic imaging as

defined in § 5-40-1 to be performed and interpreted by other licensed healthcare professionals.

     (b) All diagnostic imaging tests ordered by a physical therapist shall be reported by the

physical therapist to the patient’s designated primary care physician of record within seven (7) days

following receipt of the results. This reporting shall not be required if the patient does not have a

primary care physician.

     (c) Managed healthcare plans shall provide a utilization report to the general assembly no

later than September 1, 2022, and annually thereafter.

     (d) Unless extended by the general assembly, physical therapists shall not be authorized to

order diagnostic imaging as an authorized practice of physical therapy after December 31, 2023

December 31, 2025.


 

 

 

61)

Section

Added Chapter Numbers:

 

5-48.2

221 and 222

 

 

CHAPTER 48.2

PROFESSIONAL LICENSING AND REGULATION OF SPEECH-LANGUAGE

PATHOLOGISTS AND AUDIOLOGISTS


 

 

 

62)

Section

Added Chapter Numbers:

 

5-48.2-1

221 and 222

 

 

5-48.2-1. Purpose.

     The purpose of this chapter is to establish and codify prevailing standards and procedures

for licensing speech-language pathologists and audiologists in Rhode Island.


 

 

 

63)

Section

Added Chapter Numbers:

 

5-48.2-2

221 and 222