ARTICLE II. - ALCOHOLIC BEVERAGE ESTABLISHMENTS
Part of the Code of Ordinances of Bristol, RI.
The text
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)