Chapter 17 - OFFENSES AND MISCELLANEOUS PROVISIONS

Footnotes:

--- (1) --- Cross reference— Motor vehicles and traffic, ch. 16; police, ch. 21.

State Law reference— Criminal offenses, G.L. 1956, title 11.

ARTICLE I. - IN GENERAL#

Sec. 17-1. - Bathing in public places.#

No person shall, in the daytime, bathe in any public place, or within one-eighth of a mile of any public highway or any street, unless properly clothed.

(Code 1972, § 12-1)

State Law reference— Authority to prevent the indecent exposure of persons bathing in the town's waters, G.L. 1956, § 45-6-1.

Sec. 17-2. - Reserved.#

Sec. 17-3. - Consumption of alcoholic beverages or sleeping in public areas.#

No person shall consume alcoholic beverages in any public area within the town. No person shall sleep in any public area of the town, except those places which provide sleeping accommodations for transient visitors. Provided, however, that the consumption of alcoholic beverages in a public area in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 25-16 shall not be prohibited.

(Code 1972, § 12-3; Ord. No. 2020-04, 7-1-20)

Sec. 17-4. - False fire alarms.#

No person shall make a false alarm or cry of fire.

(Code 1972, § 12-6)

Cross reference— Alarm systems, ch. 4; fire prevention and protection, ch. 12.

State Law reference— False fire alarms, G.L. 1956, § 11-44-21.

Sec. 17-5. - Firearms; discharge.#

No person shall discharge any rifle, pistol, bomb or firearm of any kind whatsoever, except persons under military duty, and except in the lawful defense of his person or property.

(Code 1972, § 12-7)

Sec. 17-6. - Games; playing on common during school hours.#

All persons are hereby forbidden to play baseball, football, soccer or any other game tending to disturb the public schools upon the west half of the public common during the session of the public schools located thereon.

(Code 1972, § 12-8)

Sec. 17-7. - Hunting prohibited; exception.#

(a)

No person shall hunt, pursue, take or kill any wild bird or animal, with firearms of any description, within the town, except as provided in this section.

(b)

The provisions of this section shall not be operative so as to make it unlawful for a bona fide resident of the state, or his immediate family, to hunt, pursue, take or kill any wild bird or animal with firearms in the town on land owned by him, or on land leased by him and on which he is actually domiciled.

(Code 1972, § 12-9)

Cross reference— Animals generally, ch. 6.

Sec. 17-8. - Laundries.#

All public laundries, as defined in G.L. 1956, § 5-16-1, shall be required to comply with all pertinent provisions of G.L. 1956, § 5-16-1 et seq.

Sec. 17-9. - Reserved.#

Editor's note— Ord. No. 1999-23, § I, adopted Dec. 15, 1999, repealed § 17-9, which pertained to loitering, obstructing access to public buildings, and prohibited acts, and derived from Code 1972, § 12-12.

Sec. 17-9.1. - Loitering; prohibited acts; standards for enforcement.#

(a)

Definition. To "loiter" means to knowingly remain idle in one general location by either aimlessly walking, sitting, standing or lying about whether in or out of a motor vehicle.

(b)

Actions prohibited.

(1)

It shall be unlawful for any person to loiter with the intent to commit a crime or other statute or ordinance violation.

(2)

It shall be unlawful for any person to loiter under circumstances that warrant a justifiable and reasonable alarm or concern that such actions threaten public safety or a breach of the peace, as pursuant to subsection (d) below.

(3)

It shall be unlawful for any person to loiter in a place, at a time, or in such a manner that impedes or tends to impede the passage of pedestrians or vehicles on a public street or sidewalk under circumstances that warrant a justifiable and reasonable alarm or concern that such impediments threaten public safety or a breach of the peace pursuant to subsection (d) below.

(4)

Nothing in this section shall be construed to punish conduct which is constitutionally permissible.

(c)

Condition precedent to arrest. Prior to any arrest or citation hereunder by a law enforcement officer, it shall be a requirement that the law enforcement officer shall have previously ordered the person to disperse and remove himself or herself from the area.

(d)

Standards for enforcement. In determining whether actions, conduct or circumstances warrant a justifiable and reasonable alarm or concern that the public safety or a breach of the peace is threatened the following factors must be considered by the peace officer:

(1)

The place of the activity or conduct and the usual activities which occur at the location.

(2)

The time of day and duration of the activity or conduct.

(3)

Whether the person's purpose is lawful or unlawful.

(4)

Whether the activity or conduct creates an unreasonable risk of harm to persons or property.

(5)

Whether the activity or conduct is intended to intimidate, annoy, disturb, delay or hinder passersby or persons residing or doing business in the vicinity.

(6)

If on private property, whether the property owner, tenant, or their agent has posted a sign on the property stating "NO LOITERING" or other statement of similar meaning.

(7)

Whether the person to be charged with loitering has been asked by the property owner, tenant, or their agent, or by a security officer to leave the property and whether that person failed to do so immediately and peaceably.

(8)

Whether on other occasions the person to be charged with loitering has been asked by the property owner, tenant, or their agent, or by a security officer or law enforcement officer, to leave the property and whether or not they failed to do so immediately and peaceably.

(9)

The nature of the activity or conduct complained of and whether it would otherwise be constitutionally protected.

(e)

Penalty for violation. Any person found in violation of this section shall be fined up to $500.00 and/or voluntary community service for not more than 50 hours or any one offense.

(Ord. No. 1999-23, § II, 12-15-99; Ord. No. 2017-13, 10-4-17)

Sec. 17-9.2. - Disorderly conduct.#

(a)

A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(1)

Act in an intimidating, violent or tumultuous manner toward another or others whereby any person is placed in fear of safety for his or her life, limb, health or well-being;

(2)

Act in an intimidating, violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged, mutilated, defaced or destroyed, or is, in fact, mutilated, damaged, defaced or destroyed;

(3)

Behave in an intimidating, violent or forceful manner at any time in, upon or in the proximity of a public place in such a manner that such conduct constitutes a clear and present danger to the free and lawful movement of any person or to the extent that any other person will be, or is likely to be, restrained, enjoined, incapacitated or stopped in the lawful exercise of his or her business, occupation, amusement, recreation or any other lawful pursuit;

(4)

Cause, provoke or engage in any fight, brawl or tumultuous or riotous conduct so as to endanger the life, limb, health or well-being of another;

(5)

Urinate or defecate on any public street, alley or sidewalk or the floor of any public place or public building or any place or building where the public has the right to gather or to which it has access, or any private property not owned by the party;

(6)

By acts of violence, interfere with another's pursuit of a lawful occupation;

(7)

Wilfully, knowingly, or recklessly make a false alarm or cry of fire or a false request for the assistance of any firefighting apparatus or personnel, or wilfully, knowingly, or recklessly make a false report or request for assistance of any public or private rescue or assistance services, or, similarly, make a false cry, alarm or request for police assistance;

(8)

Prowl or wander in or upon the private property of another or, without good reason, or without visible or lawful business with the owner or occupant thereof, peek, peep or peer in any door or window of any building or structure thereon;

(9)

Display any deadly weapon, or instrument or thing which by its appearance may be considered a deadly weapon, in any public place in a manner calculated or likely to alarm or frighten another or others;

(b)

The foregoing prohibitions shall be applicable to all persons whether acting alone or in concert with others.

(c)

In no event shall the subdivisions of this section be construed to prevent lawful picketing or lawful demonstrations.

(d)

Whomever violates the foregoing provisions shall be fined not more than $100.00.

(Ord. No. 2004-1, § I, 2-4-04; Ord. No. 2017-13, 10-4-17)

State Law reference— R.I.G.L. §§ 11-11-1, 11-45-1.

Sec. 17-9.3. - Underage possession and consumption of alcohol.#

(a)

Any person who has not reached his or her 21st birthday and has in his or her possession any alcoholic beverage as defined in RIGL, Title 3 shall be fined $300.00 to $750.00 for each offense.

(b)

Any person who has not reached his or her 21st birthday and who has consumed an alcoholic beverage as defined in RIGL, Title 3 shall be fined $300.00 to $750.00 for each offense.

(c)

This section does not apply to the consumption or possession of alcoholic beverages by a person who has not reached his or her 21st birthday if for religious purposes or if a parent or legal guardian has permitted the possession or consumption of the alcoholic beverage within the home of the parent or legal guardian or at other private places not in view of the public where the parent or legal guardian is present.

(Ord. No. 2010-18, 9-29-10)

Sec. 17-10. - Holiday sales.#

(a)

License required. Except for holders of class A liquor licenses, no store, shop or other place of business, trade or entertainment shall be open on any holiday, nor any article sold therein on that day, unless a license therefor is obtained from the town council.

(b)

Issuance of licenses; terms and conditions. The following regulations set out in this section shall govern the issuance of holiday sales licenses in accordance with the provisions of state statutes, subject to such regulations and restrictions as the town council may from time to time make and prescribe:

(1)

No application for a holiday sales license shall be in order for hearing by the town council unless the application has been filed with the town clerk and the fee for such holiday license paid prior to a council meeting.

(2)

The annual fee for each of such holiday sales licenses shall be as set out in section 11-1.

(3)

The town council may avail itself of the authority given it to suspend or revoke licenses, especially if the licensed premises attract noisy, disorderly or otherwise offensive people.

(4)

The sale of commodities and articles at places other than as designated, will result in immediate suspension or revocation of such license.

(5)

In granting any application for a license, the town council may impose such conditions as may be thought wise or useful for the protection of the peace and quiet of the particular holiday for which the license is sought, public convenience or advantage and benefit of the town, and may regulate hours of sale, rental and operation under such licenses, and all other matters connected with their use.

(6)

Licenses issued under this section shall limit the hours during which the licensee may sell the commodities, articles or privileges therein. The normal hours on a particular holiday during which the licensee may be open for business shall be as set forth in state statutes, except that the town council reserves the right to further regulate the hours.

(7)

The license shall always be upon the premises and shall be displayed in full view while such premises are open for business.

(8)

Licensees, on holidays, shall not display their wares beyond the windows of their establishments.

(9)

Licensees shall keep all kinds of fruit screened or otherwise protected against flies or other insects.

(10)

Only ice, milk products, food products, and newspapers may be delivered or sold from carts or other vehicles, and a copy of the license shall accompany such vehicles during such deliveries.

(11)

The town clerk shall establish and publish a deadline for filing a license application pursuant to this chapter. A late fee of $25.00 shall be imposed for failure to file on or before said deadline.

(c)

Definitions.

(1)

Holiday, whenever used in this chapter includes: New Years Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day and Veteran's Day, or on any day which any enumerated holiday is officially celebrated, but does not include Thanksgiving or Christmas.

(Code 1972, §§ 12-15, 12-16; Ord. No. 2004-44, 1-12-05; Ord. No. 2005-31, 9-21-05; Ord. No. 2005-53, 12-14-05; Ord. No. 2011-01, 5-4-11)

Sec. 17-11. - Detective license.#

(a)

Submission to state and local record check. In conformity with the state statutes, the town council may license any person whose principal place of business is located in the town to act as a private detective throughout the state, for the detection, prevention, and punishment of crime, for the term of one year, unless sooner revoked for cause. Before issuance of a license, an applicant must submit to a state and local record check and be fingerprinted and submit to an FBI check. The results of these must be certified as satisfactory by the chief of police.

(b)

Scope of license authority. Nothing in such license shall be construed to confer on a person so licensed any of the authority or power of sheriffs, deputy sheriffs, town sergeants, constables or police officers.

(c)

Fee. The fee for such license shall be according to section 11-1.

(d)

License number; ID. Every person licensed under this section shall be given a permanent license number and shall be issued an identification card which shall be approximately 2½ inches wide and 3½ inches long and shall bear thereon the number assigned to the licensee, the full name, date of birth, residence address, brief description of the licensee, his fingerprints and photograph and a space upon which the licensee shall write his usual signature with pen and ink.

(e)

Cost of certificate. The cost of this license certificate shall be paid by the licensee in addition to the license fee.

(Code 1972, § 12-17; Ord. No. 2008-10, 7-9-08)

Sec. 17-12. - Compliance with building regulations.#

No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and building to be used for that purpose do not fully comply with the requirements of the Code. No such license or permit shall be issued for the conduct of any business or performance of any act which violates the town's zoning ordinance.

(Ord. No. 2000-20, 8-2-00)

Sec. 17-13. - Delinquency of applicant for a license in payment of certain taxes.#

All applicants who are delinquent to the town for fees or in the payment of real or personal property taxes must appear at the town council meeting held to consider their application for a license. All applicants for a town-issued license, including applicants for alcoholic beverage licenses, shall be denied such license unless arrangements satisfactory to the council are made for payment of such taxes and/or fees.

(Ord. No. 2000-20, 8-2-00)

Sec. 17-14. - Approval of licenses subject to tax payment, state approval.#

The town council may approve the issuance of a license subject to the payment of delinquent taxes or the obtaining of any necessary license or permit from the state.

(Ord. No. 2000-20, 8-2-00)

Sec. 17-15. - Delinquency of license renewal payment.#

All holders of any town-issued licenses, including holders of alcoholic beverage licenses, who are delinquent in payments due and owing to the town as of the date of renewal of said license shall be fined $100.00 for each and every day that the license is not issued following the renewal date due to lack of payment of taxes, fees, charges or any other payment owed to the town. The town clerk may, based on the prior history of the payee, require payment of delinquent taxes, fees, and charges to be made in cash, certified check or the equivalent. In the event that a payee makes payment of a license renewal fee or any other outstanding taxes, fees or charges by check and that check is returned unpaid for any reason, the town clerk in conjunction with the town administrator shall have the power to suspend the license. Once a license is suspended, the license holder must reapply to the town council for reinstatement of said license.

(Ord. No. 2002-01, 2-13-02)

Sec. 17-16. - Prohibition against business on Thanksgiving and Christmas.#

It shall be unlawful for any store, shop or other place of business, trade or entertainment to be open for business on Thanksgiving and/or Christmas.

(Ord. No. 2005-53, 12-14-05)

Sec. 17-17. - Sunday sales.#

(a)

It shall be unlawful for any holder of a class A liquor license to be open on Sundays, or to sell any article therein on those days, unless a license therefor is obtained from the town council.

(b)

Issuance of licenses; terms and conditions. The regulations set out in section 17-10 governing the issuance of holiday sales licenses shall also govern the issuance of Sunday sales licenses for holders of class A liquor licenses in accordance with the provisions of state statutes, subject to such regulations and restrictions as the town council may from time to time make and prescribe, and subject to the following condition:

(1)

All Sunday sales licenses issued to holders of class A liquor licenses shall restrict the business thereby licensed to the hours of 12:00 p.m. to 6:00 p.m.

(2)

Sunday sales licenses issued pursuant to this section shall not be effective for Christmas or New Year's Day.

(Ord. No. 2005-53, 12-14-05)

Secs. 17-18—17-50. - Reserved.#

ARTICLE II. - ALCOHOLIC BEVERAGE ESTABLISHMENTS#

Footnotes:

--- (2) --- State Law reference— Alcoholic beverages, G.L. 1956, title 3.

DIVISION 1. - GENERALLY#

Sec. 17-51. - Purpose of article.#

The purpose of this article shall be to promote temperance and the reasonable control of traffic in alcoholic beverages and protect the public health, safety and general welfare.

(Ord. No. 1997-07, § 12.1-1, 7-16-97)

Sec. 17-52. - Closing hour; penalties for violation of section.#

(a)

All establishments that serve alcoholic beverages at retail, unless otherwise specifically authorized, shall be closed no later than 1:15 a.m. All establishments that serve alcoholic beverages at retail, upon authorization from the town administrator, shall be closed on New Year's Eve, December 31, no later than 2:00 a.m. on January 1. The definition of the word "closed" shall mean that all doors of the establishment shall be closed to the general public, that all patrons shall be out, that there shall be no one in the establishment except the owner or, in his absence, any designee of the owner, and no more than five employees necessary to clean and restock.

(b)

Anyone found guilty of violating this section shall pay a fine of $100.00 for each offense. In addition to fines, the town council shall have the authority to suspend the license of any licensee alleged to be violating this section. After a hearing, upon a finding that a licensee is deliberately or frequently violating this section, the town council, in addition to suspension or revocation of license and in addition to other remedies available at law, may, as a condition to retain a license, order the licensee to hire and maintain a special police officer to be on the premises, at appropriate times, to aid in implementing this section. Such order shall remain until further order of the council.

(Code 1972, § 12-2.1; Ord. No. 1997-07, 7-16-97; Ord. No. 2009-3, 3-11-09)

Sec. 17-53. - Service personnel training.#

(a)

At the time of renewal of all class A, B, BV and BVL liquor licenses all management and employee personnel involved with the service of alcohol at all liquor establishments within the town shall have taken and been certified as having completed an alcohol serving training program, administered by a certified agency or corporation. The town substance abuse prevention task force shall certify such agency or corporation and may sponsor the provision of training sessions. Persons currently so certified shall be required to maintain their certification. Any new employees or license holders shall be required to have completed such a course within six months of employment, license award or transfer.

(b)

Failure of a license holder to provide evidence of completion of such a training program by its employees may result in the nonissuance or suspension of the license, until proof of certification is provided. An extension of time to allow for certification may be granted by the board of license commissioners for good cause.

(Ord. No. 1997-06, § 12-2.3, 7-16-97; Ord. No. 1997-14, 10-1-97)

Sec. 17-54. - Nudity on premises prohibited where alcoholic beverages are offered for sale or allowed to be brought onto the premises for consumption.#

(a)

It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the town at which alcoholic beverages are offered for sale for consumption on the premises, or at which alcoholic beverages are allowed to be brought onto the premises for consumption, to suffer or permit any:

(1)

Female person, while on the premises of the commercial establishment, to expose to the public view that area of the human breast at or below the areola thereof.

(2)

Female person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate

such portions of the human female breast as described in subsection (a)(1) of this section.

(3)

Person, while on the premises of the commercial establishment, to expose to public view his genitals, pubic area, anus or anal cleft or cleavage.

(4)

Person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, anal cleft or cleavage.

(b)

It shall be unlawful for any female person, while on the premises of a commercial establishment located within the town, at which alcoholic beverages are offered for sale for consumption on the premises, or at which alcoholic beverages are allowed to be brought onto the premises for consumption, to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described in this section.

(c)

It shall be unlawful for any person, while on the premises of a commercial establishment located within the town at which alcoholic beverages are offered for sale for consumption on the premises, or at which alcoholic beverages are allowed to be brought onto the premises for consumption, to expose to public view his genitals, pubic area, anus or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus or anal cleft or cleavage.

(d)

Any person who shall violate any provision of this section shall be guilty of an offense against the town punishable as provided by section 17-88.

(e)

Nothing in this section shall affect any licensing requirement of state law or the town ordinances.

(Ord. No. 1997-08, § 12-4, 7-16-97; Ord. No. 2001-14, 6-20-01; Ord. No. 2012-01, 2-1-12)

Editor's note— Ord. No. 2012-01, adopted Feb. 1, 2012, amended § 17-54 title to read as herein set out. Formerly, § 17-54 pertained to nudity on premises where alcoholic beverages are offered for sale.

Cross reference— Adult-only establishment, § 5-96.

Secs. 17-55—17-80. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 17-81. - Required.#

No person shall manufacture, sell, or suffer to be manufactured or sold or keep or suffer to be kept on his premises, in his possession or under his charge for the purpose of sale within the town unless licensed as provided in this article.

(Ord. No. 1997-07, § 12.1-3, 7-16-97)

Sec. 17-82. - Number of licenses.#

Alcoholic beverage licenses within the town shall be limited in quantity as follows: (1)

For class A, there shall be a maximum of four licenses;

(2)

For class B limited, there shall be a maximum of six licenses;

(3)

For class B-T, there shall be none;

(4)

For B-V, there shall be a maximum of 32 licenses;

a.

The establishment granted this license must close every day no later than 11:00 p.m. Any establishment that has a pre-existing license that allows a closing time later than 11:00 p.m., and wishes to maintain such later closing time, shall remain subject to all previous conditions, including without limitation, with regard to service of food during all of the time that alcohol is being served and also the limit of no more than six seats at any bar, and no seats at any "service bar." On or after the date of the council's review of the licensed establishment pursuant to paragraph (f) of this section, the council may approve a closing time no later than midnight.

b.

The establishment granted this license must offer a full-service menu during all business hours, other than the last hour of opening per day, at which time food must be offered but may be a limited menu. "Full-service" menu shall mean food that is prepared and cooked, not just reheated, on the premises. Every establishment shall submit copies of both their full-service menu and limited menu, if any, at initial application and with each renewal application. The ratio of service of food to service of alcohol must be a minimum of 53 percent of food service by dollar sales, and every establishment shall submit an affidavit signed by the license holder attesting to and setting forth the actual ratio for the previous year, with each renewal application. Failure to maintain such ratio shall be grounds for reduction in bar seats, as set forth in subsection c. below.

c.

The establishment granted this license shall submit a floor plan which shows the layout, including all tables, seats, bar seats, etc., where alcoholic beverages may be served. Patrons shall be able to order food at every seat in the establishment, including all bar seats. The licensing board shall determine the total number of bar seats, as part of the town's policy goal of maintaining restaurants, and neither bars nor nightclubs, under this class of license.

d.

The establishment may maintain one or more "service bars" at the discretion of the licensing board. A "service bar" shall mean an area where food and/or alcoholic beverages are prepared but are "served" only to other staff members who then transport such food or drink to patrons.

e.

Any existing licensed establishment that wishes to increase the number of its bar seats, and that will comply with all of the requirements of this subsection, may avail itself of such increase only with the consent of the license board at a duly noticed hearing, either as an amendment or upon transfer or renewal.

f.

The council will review the licensee six months from the date of issuance.

(5)

For class C, there shall be a maximum of one license which shall be limited to the sale of beer, wine and hard seltzer.

(6)

For class D, there shall be a maximum of six licenses;

(7)

For class D limited, there shall be none; and

(8)

For class T, there shall be a maximum of one license.

(Code 1972, § 12-2.2; Ord. No. 1997-05, 7-16-97; Ord. No. 1997-07, § 12.1-14, 7-16-97; Ord. No. 1998-06, 4-22-98; Ord. No. 1999-13, 5-12-99; Ord. No. 2001-13, 6-20-01; Ord. No. 2001-22, 8-22-01; Ord. No. 2004-04, 3-10-04; Ord. No. 2004-41, 1-12-05; Ord. No. 2005-01, 2-2-05; Ord. No. 2005-52, 12-14-05; Ord. No. 2005-55, 1-5-06; Ord. No. 2005-63, 2-7-06; Ord. No. 2006-24, 8-23-06; Ord. No. 2006-04, 10-25-06; Ord. No. 2007-03, 1-31-07; Ord. No. 2007-19, 6-13-07; Ord. No. 2007-39, 12-12-07; Ord. No. 2009-10, 8-5-09; Ord. No. 2010-04, 3-3-10; Ord. No. 2010-05, 3-3-10; Ord. No. 2010-21, 12-8-10; Ord. No. 2011-14, 9-28-11; Ord. No. 2011-15, 9-28-11; Ord. No. 2011-16, 9-28-11; Ord. No. 2013-14, 9-18-13; Ord. No. 2013-18, 12-4-13; Ord. No. 2015-01, 2-25-15; Ord. No. 2015-21, 11-4-15; Ord. No. 2016-04, 3-30-16; Ord. No. 2016-06, 5-4-16; Ord. No. 2016-16, 1-4-17; Ord. No. 2016-17, 1-25-17; Ord. No. 2019-03, 5-15-19; Ord. No. 2019-08, 9-18-19; Ord. No. 2019-15, 11-20-19; Ord. No. 2021-01, 2-27-21; Ord. No. 2020-09, 12-30-20; Ord. No. 2021-13, 8-18-21; Ord. No. 2021-14, 9-8-21; Ord. No. 2021-17, 10-20-21; Ord. No. 2021-20, 12-1-21; Ord. No. 2022-10, 9-21-22; Ord. No. 2022-13, 11-2-22; Ord. No. 2022-15, 11-16-22; Ord. No. 2022-16, 11-16-22; Ord. No. 2022-18, 1-18-23; Ord. No. 2023-01, 2-8-23; Ord. No. 2023-04, 3-29-23; Ord. No. 2023-12, 7-12-23; Ord. No. 2023-16, 8-23-23; Ord. No. 2023-21, 11-15-23; Ord. No. 2023-24, 1-17-24; Ord. No. 2024-04, 2-28-24; Ord. No. 2024-09, 4-17-24; Ord. No. 2024-10, 5-29-24; Ord. No. 2024-11, 6-26-24; Ord. No. 2024-21, 1-15-25; Ord. No. 2025-03, 5-28-25; Ord. No. 2025-04, 5-28-25; Ord. No. 2025-14, 11-20-2025; Ord. No. 2026-01, 2-26-2026; Ord. No. 2026-02, 4-1-26; Ord. No. 2026-05, 4-1-26)

Sec. 17-83. - Power of liquor license commissioners to issue licenses.#

The right, power and jurisdiction to issue liquor licenses authorized by G.L. 1956, title 3 shall vest in the town council. In conformity with G.L. 1956, § 3-5-15 and for the purposes of this article and the issuance of such licenses, the town council is hereby constituted as the license commissioners, and the town clerk is hereby appointed and designated as clerk of the license commissioners. The town council, acting as the town's license commissioners, shall have the full power to hear all applications made for liquor licenses within the town and shall have the power to deny or grant such licenses pursuant to and in compliance with state General Laws and the rules and regulations of the liquor control administrator for the state. The town clerk, acting as the clerk of the license commissioners, shall have the responsibility to oversee the filing of liquor license applications and petitions to the town council and shall be responsible for notification and advertising in connection with such license applications, together with all other duties and responsibilities consistent with the laws of the state and the rules and regulations of the liquor control administrator for the state.

(Ord. No. 1997-07, § 12.1-4, 7-16-97)

Sec. 17-84. - Application; forms and required documentation; modifications to licensed premises.#

(a)

An application form must be obtained from the town clerk and must be fully completed and returned to the clerk, together with all application processing documentation and the required fee. Any change to the layout, expansion of service area, or addition of a bar shall require review and approval by the town council, including submission of an updated sketch or floor plan that meets the requirements of subsection (b)(1).

(b)

Applications shall include the following:

(1)

A sketch or diagram showing the exact area(s) where alcoholic beverages will be served or consumed, including indoor and outdoor service areas. The plan shall include the location of any main or satellite service bars, beverage stations, or temporary outdoor bars, as applicable. Any patio, deck, or fenced area designated for outdoor alcohol service shall be clearly marked. The plan shall indicate the relationship of service areas to exits, restrooms, and seating. The plan shall be clear, clean, and legible so that reviewing departments can easily identify all service areas and circulation paths.

(2)

Reserved.

(3)

Current photographs of the premises depicting interior and exterior views, including service areas and any outdoor service locations.

(c)

For renewal applications that do not involve changes to the licensed premises or service layout, the applicant shall also provide a written attestation that the previously approved layout remains accurate and that no modifications have been made to the premises or service areas.

(d)

Failure to provide any required application materials may delay processing or result in the application being deemed incomplete.

(e)

Tables and seating configurations of licensed premises may vary to accommodate special events; however, any such arrangements must remain within the approved licensed premises as shown on the submitted sketch or floor plan. Tables, chairs, or other furnishings shall not block any pathways, aisles, or designated exits, and the approved maximum occupancy as established by the Fire Marshal shall not be exceeded.

(Ord. No. 1997-07, § 12.1-3, 7-16-97; Ord. No. 2025-18, 1-15-26)

Sec. 17-85. - Notice of application.#

Notice of application must be given by regular mail in accordance with the state General Laws to all owners of property within 200 feet of the place of business seeking the application. The names and addresses of the abutters are to be submitted by the applicant to the town clerk with the application. The notice is to be given by the clerk on behalf of the board, and the cost thereof shall be paid by the applicant. The notice must state that remonstrants have a right to be heard and state the time and place of the hearing on the application. Written notice need not be given for temporary licenses.

(Ord. No. 1997-07, § 12.1-5, 7-16-97)

Sec. 17-86. - Fees; terms.#

The fees for licenses under this article shall be set out in section 11-1. Such fees shall be assessed on an annual basis. Every license issued under this article shall specify the name and address of the person licensed, or if a corporation, the names and addresses of all stockholders and officers, the address where the show, exhibition or entertainment will take place and the hours, and the expiration date of the license. The term for a license under this article shall not exceed one year and shall begin on December 1.

(Ord. No. 1997-07, § 12.1-9, 7-16-97)

Sec. 17-87. - Compliance with other laws.#

Every applicant for a license under this article shall comply with all laws of the state and all other ordinances of the town.

(Ord. No. 1997-07, § 12.1-10, 7-16-97)

Sec. 17-88. - Revocation or suspension.#

(a)

All licenses granted under this chapter may be revoked at the sole discretion of the town council. Sufficient cause to refuse further licenses under this article and to suspend or revoke any licenses issued under this article or deny renewal of a license originally issued under this article shall include but is not limited to the failure of the licensee to strictly comply with the provisions of this article and the laws of the state and of any terms and conditions imposed by the town council on the licensee. Upon denial, suspension or revocation of such license, the licensee shall be ineligible to reapply for a license for a period of two years from such denial, suspension or revocation.

(b)

Prior to the revocation or suspension of a license, the board of license commissioners shall send notice by mail to the licensee and give the licensee the opportunity to show cause why the license should not be suspended or revoked.

(Ord. No. 1997-07, §§ 12.1-11, 12.1-15, 7-16-97)

Sec. 17-89. - Operation without license.#

In addition to any action pursuant to section 17-88, any person who maintains, operates or conducts any alcoholic beverage establishment within the town without first obtaining a license from the town council, or in any location other than that specified in the license, and any licensee in violation of this article shall be fined pursuant to section 11-1 for each offense. Each day of operation shall constitute a separate offense under this section.

(Ord. No. 1997-07, § 12.1-23, 7-16-97)

Sec. 17-90. - Condition of license—Bristol eliminates alcohol sales to youth notices.#

Every license issued pursuant to this article shall be conditioned upon the continuous display of a conspicuous notice, supplied by the chief of police, warning underage drinkers of police efforts to eliminate alcohol sales to underage purchasers. Such notice shall be displayed, at a height from the floor of 4½ feet on center, in a conspicuous area, at every point of public ingress to the establishment. This requirement shall apply to all licenses, including those obtained prior to the adoption of this section; provided, that every existing licensee shall post such notice within 30 days of the adoption of this section.

(Ord. No. 2000-04, 1-26-00)

Sec. 17-91. - Condition of license operations, July 3—5.#

Every license issued pursuant to this article shall be conditioned upon the chief of police having the authority pursuant to the provisions adopted by the town council to determine whether and to what extent additional police protection may be reasonably necessary to protect the health, safety and welfare of the public by allowing the licensee to remain open for business during the holiday period of July 3 through July 5. Payment for all police officers assigned by the chief of police shall be the responsibility of the licensee and shall be paid within 30 days of issuance of the invoice. Failure to pay the invoice within thirty 30 days shall result in the imposition of a $100.00 late fee penalty.

(Ord. No. 2001-26, 10-24-01; Ord. No. 2009-16, 1-6-10)

Sec. 17-92. - Revocation of granted or renewed license (not issued)—Retail.#

A retail alcoholic beverage license may be granted or renewed, but not issued, pending full compliance with conditions and criteria necessary for the issuance of said license. The applicant shall have no more than one year after the original granting or renewal of the license to meet all conditions and criteria set forth in the granting or renewal order. If the applicant does not meet all conditions and criteria within one year, the license shall become null and void without further hearing by the town council; provided however, said time period shall not be calculated when the license at issue is involved in litigation, from the date of the commencement of the action to final disposition.

(Ord. No. 2005-10, 3-16-05)

Editor's note— Ord. No. 2005-10, adopted March 16, 2005, set out provisions intended for use as 17-89. For purposes of classification and to preserve the style of this Code, and at the editor's discretion, these provisions have been included as 17-92.

Sec. 17-93. - Reversion of licenses.#

All licenses described in article II of this chapter that are issued subsequent to the effective date of this section shall revert back to the town when the license holder no longer seeks to renew the annual license.

(Ord. No. 2011-17, 9-28-11)

Secs. 17-94—17-99. - Reserved.#

ARTICLE III. - UNRULY GATHERINGS#

Sec. 17-100. - Public nuisance.#

(a)

It shall be a public nuisance to conduct a gathering of five or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, fights, disturbances of the peace, and litter.

(b)

A gathering constituting a public nuisance may be abated by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable ordinances and state statutes.

(Ord. No. 2018-13, 8-1-18)

Sec. 17-101. - Notice of unruly gathering.#

When the police department intervenes at a gathering which constitutes a nuisance under this article, the premises at which such nuisance occurred shall be furnished with a notice stating that the intervention of the police has been necessitated as a result of a public nuisance under this article caused by an event at the premises, the date of the police intervention, and that any subsequent event within the period set forth below on the same premises, which necessitates police intervention, shall result in the joint and several liability of any guests causing the public nuisance, or any persons who own or are residents of the property at which the public nuisance occurred, or who sponsored the event constituting the public nuisance as more fully set forth below.

(Ord. No. 2018-13, 8-1-18)

Sec. 17-102. - Mailing of notice to property owner and occupants.#

(a)

Notice of the intervention shall also be sent via regular and certified mail to any property owner on the Town of Bristol property tax assessment records and the occupants of the premises and shall advise the property owner and the occupants that any subsequent intervention within the effective periods set forth in section 17-103 on the same premises shall result in liability of the property owner and of the occupants for all penalties associated with such intervention as more particularly set forth below.

(b)

Additionally, notice may be provided to an agent of the owner who controls or regulates the use of the premises, if known. Notice to the owner's agent may be provided by hand delivery or by certified or regular mail sent to the agent's last known address.

(Ord. No. 2018-13, 8-1-18)

Sec. 17-103. - Effective periods.#

(a)

Any notice issued to a property owner, landlord, and/or agent in accordance with section 17-102 shall remain in effect for three years.

(b)

Any notice issued to an occupant/lessee in accordance with section 17-102 between September 1 and May 31 of any year shall remain in effect until May 31. Any notice issued to an occupant/lessee between June 1 and August 31 of any year shall remain in effect until August 31.

(Ord. No. 2018-13, 8-1-18)

Sec. 17-104. - Persons liable for a subsequent response to a gathering constituting a public nuisance.#

(a)

If the police department is required to respond to a gathering constituting a public nuisance on the premises more than once in any effective period set forth in section 17-103, the following persons shall be jointly and severally liable for fines as set forth in section 17-105(a):

(1)

The person or persons who own the property where the gathering constituting the public nuisance took place, provided that notice has been mailed to the owner of the property as set forth herein and the gathering occurs at least two weeks after the mailing of such notice.

(2)

The person or persons residing on or otherwise in control of the property where such gathering took place.

(3)

The person or persons who organized or sponsored such gathering.

(4)

All persons attending such gatherings who engage in any activity resulting in the public nuisance.

(5)

Nothing in this section shall be construed to impose liability on the resident or owners of the premises or sponsor of the gathering, for the conduct of persons who are present without the express or implied consent of the resident or sponsor, as long as the resident and sponsor have taken all steps reasonably necessary to exclude such uninvited participants from the premises, including landlords who are actively attempting to evict a tenant from the premises.

(b)

Where a person present with the express or implied consent of the resident or person in charge of the residential unit or the organizer or sponsor engages in conduct which the sponsor or resident or organizer could not reasonably foresee and the conduct is an isolated instance of a person at the event violating the law which the sponsor or resident or organizer is unable to reasonably control without the intervention of the police, the unlawful conduct of the individual shall not be attributable to the sponsor or resident or organizer for the purposes of determining whether the event constitutes a public nuisance under this section.

(Ord. No. 2018-13, 8-1-18)

Sec. 17-105. - Penalties for violation.#

(a)

It shall be a Code violation punishable by a $500.00 fine when intervention at the same location to abate a gathering constituting a public nuisance occurs within any effective period set forth in section 17-103 after the property owner and occupants were notified in accordance with section 17-102.

(1)

The violation of this article is punishable by a $500.00 fine against each responsible person, as set forth in section 17-103(a)(1)—(4), including each lessee of the property who was present at the gathering.

(2)

The person(s) who own the property where the unruly gathering took place will be assessed a $500.00 fine, provided proper notice of a prior violation at the property was provided to the owner pursuant to section 17-102 of this article and the gathering occurs at least two weeks after the mailing of such notice.

(b)

In addition to the above, the municipal court shall be authorized to order the person or persons in violation to perform community service. For a first intervention, ordering community service shall be discretionary. For a second or third intervention, the municipal court shall, in addition to the monetary penalty set forth above, order the person or persons in violation to perform not less than 25 hours of community service for a second intervention and not less than 50 hours of community service for a third intervention.

(c)

In addition to the above, the Roger Williams University Dean of Students Office will be notified of any Roger Williams University student in violation of an unruly gathering.

(Ord. No. 2018-13, 8-1-18)

Sec. 17-106. - Right to contest notice of unruly gathering.#

(a)

An owner, occupant, or tenant of the cited premises may contest the issuance of the notice by filing a written petition for review with the town administrator requesting that the town administrator determine whether justification existed for issuing the notice under the provisions of this article. The petition must be filed within ten days after the issuance of the notice or, if the notice is given by mail, within 15 days after the date of the mailing of the notice, and not thereafter.

(b)

The town administrator shall set a time and date for a hearing to be held no later than 30 days after receipt of the written petition and shall notify the petitioner and the solicitor's office of the hearing date.

(Ord. No. 2018-13, 8-1-18)

ARTICLE IV. - CANNABIS#

Sec. 17-107. - Definitions.#

For the purposes of this chapter, "cannabis" shall be defined by R.I.G.L. § 21-28.11-3(6), as amended.

(Ord. No. 2022-08, 9-21-22)

Sec. 17-108. - Prohibition against cannabis smoking/vaporizing in public places.#

No person shall smoke or vaporize cannabis in public places, including outdoor common areas, parks, beaches, athletic and recreational facilities, and other public spaces.

(Ord. No. 2022-08, 9-21-22)

Sec. 17-109. - Enforcement.#

Any person who violates the provisions of this chapter may be fined $100.00 for the first offense, up to $250.00 for a second offense, and up to $500.00 for a third offense.

(Ord. No. 2022-08, 9-21-22)