ARTICLE II. - ALCOHOLIC BEVERAGES

Part of the Code of Ordinances of Burrillville, RI.

Local law · Updated March 25, 2026 · 896 sections

The text

Footnotes:

--- (2) --- Cross reference— Possession of open containers of alcoholic beverages, § 16-2.

State Law reference— Alcoholic beverages, G.L. 1956, Title 3; local licensing authorities, G.L. 1956, § 3-5-15.

DIVISION 1. - GENERALLY#

Sec. 8-26. - Hours of operation.#

Hours of operations for all establishments having class B, C or D liquor licenses within the town shall be as prescribed by the general laws of the state, except that within town limits, no licensee shall serve alcoholic beverages after 1:00 a.m.

(Code 1972, § 4-8.4)

Sec. 8-27. - Nudity on premises where alcoholic beverages are offered for sale.#

(a)

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

(1)

Any 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)

Any 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)

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

(4)

Any 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, or anal cleft.

(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 consumed or offered for sale for consumption on the premises, 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 consumed or are offered for sale for consumption on the premises, to expose to public view his or her 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.

(d)

Any person who violates the provisions of this section shall be subject to revocation or suspension of their license and be subject to a fine not to exceed $500.00 for the first offense and not to exceed $1,000.00 for each subsequent offense. Any offense committed by a licensee three years after a previous offense shall be considered a first offense.

(Ord. of 7-26-1995, § 4-8.4.1)

Sec. 8-28. - Insurance requirements.#

(a)

An applicant for a liquor license shall file with the application a certificate of insurance evidencing commercial, general liability and property damage coverage in the minimum amount of $1,000,000.

(b)

The certificate of insurance shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is given to the Town of Burrillville. Said notice shall be given to the town clerk.

(c)

The Town of Burrillville shall be named an additional insured. Insurance shall be issued by a carrier licensed to do business in the State of Rhode Island.

(d)

This section is enacted under the authority granted pursuant to G.L. 1956, § 3-7-27.

(Ord. of 9-28-2005(1); Ord. of 11-8-2017)

Secs. 8-29—8-35. - Reserved.#

DIVISION 2. - LICENSES#

Sec. 8-36. - Transfer.#

An applicant for a transfer of an alcoholic beverage license shall pay to the town clerk the currently required fee prior to the presentation to the board of license commissioners of the application. The purpose of such fee is to defray the expense of such advertising and other costs.

(Code 1972, § 4-8.1)

Sec. 8-37. - Application for license or transfer; prerequisites to issuance.#

(a)

The issuance of any liquor license or liquor license transfer is subject to the compliance by the applicant with all state and local building and fire prevention codes as well as the inspection and approval of the state department of health according to state law. Prior to the issuance of any license, a report must be presented to the board of license commissioners that the applicant is in compliance with all state and local building and fire prevention codes and has been inspected and approved by the state department of health.

(b)

The applicant or an official representative of the applicant must appear in person before the board of license commissioners when the application is considered.

(c)

With the filing of the application, the following must be provided:

(1)

A current filing and advertising fee.

(2)

If a corporation, a certified copy of the articles of incorporation thereof.

(3)

Certificates of good standing from the state and the town, where applicable.

(4)

A detailed site plan showing the premises, the interior and exterior and the parking areas.

(5)

A description and/or rendering of the architecture to be used.

(6)

A detailed description of the manner in which the license is to be used, including:

Whether or not there is to be entertainment.

The number of inside service bars.

Whether or not there is an outside service area.

The number of outside service bars.

(7)

The proposed seating capacity.

(8)

The availability of parking.

(9)

The placement and number of exits.

(Code 1972, § 4-8.2)

Sec. 8-38. - License fee for class F and F-1 licenses.#

The council shall impose a license fee on all class F and F-1 licenses.

(Code 1972, § 4-8.6)

Secs. 8-39—8-50. - Reserved.#

DIVISION 3. - BOARD OF LICENSE COMMISSIONERS#

Footnotes:

--- (3) --- Cross reference— Boards, commissions and committees, § 2-71 et seq.

Sec. 8-51. - Intent.#

The intent of this division is to pursue the declared purpose of the state alcoholic beverages legislation, which purpose is the promotion of temperance and the reasonable control of traffic in alcoholic beverages.

(Code 1972, § 4-8.5(a))

Sec. 8-52. - Definitions.#

Words and phrases used in this division shall be given the same definitions and sense given to them in G.L. 1956, § 3-1-1, which is hereby adopted by reference.

(Code 1972, § 4-8.5(b))

Cross reference— Definitions generally, § 1-2.

Sec. 8-53. - Notice of provisions; amendments.#

(a)

Notice. The board of license commissioners of the town, upon issuance of any liquor license under the authority contained in G.L. 1956, Title 3, shall cause a true copy of this article to be delivered to the licensee at the time of its issuance. The town clerk shall cause the licensee, if an individual, to personally sign for and to acknowledge receipt of the license and the copy of this section. If the licensee is a corporation or LLC, the recipient of the liquor license and the copy of this article shall be acknowledged and receipted by an officer of the corporation or LLC. If the licensee is a partnership, the license and copy shall be delivered only to a general or limited partner. The business manager of any establishment may also sign for the copy of this section with the approval of the licensee.

(b)

Amendments. Amendments to this article, as enacted by the board, shall be mailed to the licensees by regular mail, postage prepaid. Such changes shall be effective upon passage consistent with provisions of the Charter.

(Code 1972, § 4-8.5(c))

Sec. 8-54. - Class A license rules.#

The following regulations shall apply to class A license holders: (1)

All existing state regulations shall be complied with.

(2)

Consumption of alcoholic beverages is not allowed on the premises of the license holder.

(3)

Consumption of alcoholic beverages is not allowed on the property or in the parking area of the license holder.

(4)

Any attempt to utilize false identification shall be immediately reported to the police.

(5)

Minors shall not be allowed to loiter in or around the premises.

(6)

No alcoholic beverages shall be sold after the legal closing hours.

(7)

At all times while the premises are occupied, police and other enforcement officials, while on duty, must be admitted and granted access to the entire licensed premises, including the parking lot and other areas surrounding the building.

(8)

No licensee or any agent, servant, employee or representative thereof shall in any way interfere with the official duties or activities of any such police or enforcement official.

(9)

No licensee or any agent, servant, employee or representative thereof shall harass, either verbally or physically, any police or other enforcement official while such police or other enforcement official is performing his official duties on or within the licensed premises or adjacent parking lot and other areas surrounding the building.

(Code 1972, § 4-8.5(d))

Sec. 8-55. - Class B and C license rules.#

(a)

The following regulations shall apply to class B and C license holders:

(1)

A license must be posted in plain view and shown to any authorized person upon demand.

(2)

No alcoholic beverages shall be sold, served or dispensed after the legal closing hour.

(3)

No person shall be permitted to enter the premises after the legal closing hour.

(4)

All patrons shall leave the licensed premises within 15 minutes after the legal closing hour.

(5)

Management and bona fide employees may remain on the premises for a period of not longer than 30 minutes after the legal closing hour. Management and bona fide employees may not consume alcoholic beverages after patrons have left the premises.

(6)

Routine periodic services such as duct cleaning and carpet shampooing, the performance of which are outside these hour restrictions, shall require the permission of the police chief or his designee at least two days in advance of the services. Such request shall be submitted in writing. Any emergency services shall be permitted with the permission of the police department. However, a written explanation of the incident shall be submitted to the board within 24 hours after the incident.

(7)

At all times while the premises are occupied, police and other enforcement officials, while on duty, shall be admitted and granted access to the entire licensed premises, including the parking lot and other areas surrounding the building.

(8)

No licensee or any agent, servant, employee or representative thereof shall in any way interfere with the official duties or activities of any such police or other enforcement official.

(9)

(10)

All fights, disturbances, violence or any other violation of law shall be reported to the police department immediately by management or employees.

(11)

No alcoholic beverage shall be permitted to be removed from the interior of a licensed establishment by any patron except as provided and permitted pursuant to G.L. 1956, §§ 45-24.7-1 through 45-24.7-4 and subsection (b) of this section.

(12)

No container for alcoholic beverages offered by the licensee to its patrons shall be permitted to be removed from the interior of a licensed establishment by any patron, whether or not such container is purchased from the licensee.

(13)

No dancing shall be permitted unless an entertainment license is issued by the council.

(14)

All licensees shall maintain efficient and affirmative supervision over the conduct of their patrons on the licensed premises, on the sidewalks contiguous to licensed premises, on real property owned by the licensee on which the licensed premises are located, and in parking areas owned or leased by the licensee for use by patrons of the licensed premises.

(15)

All existing state regulations shall be complied with.

(b)

Notwithstanding the provision of subsection (a)(11) of this section an applicant may serve alcoholic beverages on a deck or patio subject to the following conditions:

(1)

That the licensed premises including the deck or patio is not located within 200 feet of a residence.

(2)

A business serving alcoholic beverages on a deck or patio may utilize only the property owned or leased under the business license provided that the applicant holds a validly issued liquor license.

(3)

Prior to utilizing any outdoor area to serve alcoholic beverages, the license holder must submit a radius map prepared by a licensed surveyor showing that that are no residents within 200 feet of the premises. An applicant seeking renewal of this privilege shall submit an affidavit stating that no residents are legally residing within the 200-foot radius. If it is determined that there are residents residing within a 200-foot radius of the licensed premises, the license holder shall not be permitted to serve alcohol in any outdoor area unless, after a public hearing, the town council approves of the request of the applicant/license holder to serve alcoholic beverages on a deck or patio. In order to comply with the public hearing requirement, a public notice shall be published and a public hearing held prior to acting on a request for this privilege. Notice shall be given by mail by the town clerk to all owners of property within 200 feet of the place of business seeking the permit, all costs associated with the application shall be paid by the applicant.

(4)

The applicant/license holder shall, at the time of any application, submit a plan showing the proposed deck or patio which must be attached to or in the case of a patio immediately adjacent to the licensed premises and may not exceed 40 percent of the square feet of the interior of the licensed premises.

(5)

The deck or patio shall not increase the capacity of the interior premises of the building as established by the state fire code, all construction shall be in conformance with the zoning, fire and building codes.

(6)

Food service must be available on the deck or patio, live music or amplifiers of any type are prohibited on the deck or patio. The service of food or liquor on the deck or patio must cease at 10:00 p.m. and the deck or patio must close.

(7)

In the event that a residence is located within 200 feet of the licensed premises subsequent to granting any license to serve liquor on the deck or patio the licensee:

May seek a waiver from the 200-foot requirement from the town council acting as the licensing authority; or

Shall erect a fence, hedge and/or vegetative buffer at least five feet high as approved by the building official, at the property line between the deck or patio and the property line of the residence. The purpose of the fence, hedge and/or vegetative buffer is to obstruct the view of the deck or patio from the neighbors.

(8)

Notwithstanding any provisions contained above to the contrary, an applicant for an outdoor privilege for any establishment located within the Stillwater Mill Redevelopment District, Downtown Pascoag Redevelopment District or the Nasonville Redevelopment District may seek a waiver from the 200-foot requirement from the town council acting as the licensing authority.

(9)

No advertising signs or banners, excluding decorative umbrellas or canopies shall be located on or attached to the deck or patio.

(Code 1972, § 4-8.5(e); Ord. of 9-28-2005(2); Ord. of 6-14-2006; Ord. of 9-10-2008; Ord. of 05-08-2024 (1))

Sec. 8-56. - Regulations of the liquor control administration.#

Every applicant for, or holder of, a license under this chapter shall comply with the regulations of the Liquor Control Administration of the Rhode Island Department of Business Regulations. The purpose of these regulations is to clarify and set forth practices and procedures consistent with Rhode Island General Law Title 3 for the reasonable control of traffic in alcoholic beverages.

(Code 1972, § 4-8.5(f); Ord. of 9-9-2020(1))

Sec. 8-57. - Sales or service to underage persons.#

No alcoholic beverage shall be sold or served to any underage person by any license holder.

(Code 1972, § 4-8.5(g))

Sec. 8-58. - Litter.#

All licensees under this article shall be responsible for maintaining licensed premises, contiguous sidewalks and adjacent parking lots used for licensed premises in a neat and orderly condition.

(Code 1972, § 4-8.5(h))

Sec. 8-59. - Show cause hearings.#

(a)

Every license holder shall comply with all pertinent state regulations.

(b)

Every license holder shall comply with all pertinent local regulations.

(c)

Upon complaint to the board, such board may hold a show cause hearing to determine if a violation of the state or local rules has occurred.

(d)

The license holder shall be served with a notice of the day and time of any such hearing. The notice shall identify the infraction in detail.

(e)

The license holder has the right to be present at any such hearing, to be represented by counsel if he so chooses, to cross-examine witnesses and to present sworn testimony on his own behalf.

(f)

After hearing, the board may, if it finds that a violation has occurred, take disciplinary action against the license holder, including, but not limited to, suspension and/or revocation of the license.

(Code 1972, § 4-8.5(j))

Sec. 8-60. - Class T legitimate theater license rules.#

The following regulations shall apply to the Class T license holders: (1)

Every applicant for a license, or licensee, under this section shall comply with all state, federal and local laws relative to health, safety and welfare of the public.

(2)

Application must be made in accordance with sections 8-28 and 8-37 of this Code, on a form provided by the town clerk.

(3)

The license authorizes the holder of the license to keep for sale and to sell beverages at retail in the place described in the license and to deliver those beverages for consumption on the premises where sold at the times when scheduled events for a period of one hour prior to those events and one hour subsequent thereto. The licensed premises may contain a bar.

(4)

"Legitimate theaters" for the purpose of this section includes nonprofit, cultural organizations whose primary purpose is to provide a support system to deliver and coordinate various arts and craft activities for the benefit of the community or provide live, regularly-scheduled theatrical productions on a regular basis throughout the year and all events contributing toward the goal of providing quality artistic experiences for the community.

(5)

For the purposes of this section, premises shall mean to include the theater and grounds.

(6)