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52

Chapter 4 - ALCOHOLIC BEVERAGES

Part of the Code of Ordinances of Central Falls, RI.

Local law · Updated December 8, 2025 · 1,477 sections

The text

Footnotes:

--- (1) --- State Law reference— Alcoholic beverages, G.L. 1956, § 3-1-1 et seq.

ARTICLE I. - IN GENERAL#

Secs. 4-1—4-18. - Reserved.#

ARTICLE II. - DEALERS#

DIVISION 1. - GENERALLY#

Secs. 4-19—4-39. - Reserved.#

DIVISION 2. - RETAIL LICENSES#

Footnotes:

--- (2) --- State Law reference— Retail licenses, G.L. 1956, § 3-7-1 et seq.

Sec. 4-40. - Maximum number of licenses fixed.#

(a)

The maximum number of class A, class B, class C, class D (limited), class D (full privilege) and class T (legitimate theater) alcoholic beverage licenses which may at any time be issued and outstanding within the city is hereby fixed as follows:

Class of License Maximum Number

A 4

B (victualler) None

B (limited) None

C 0

D (limited) 0

D (full privilege) 2

T (legitimate theater) 0

B-M (brewpub manufacturer) 1 *

(b)

The specific project identified as 1420 Broad Street, "The Landing," has a site and project specific B-M license and class B (victualler) license, subject to suspension or revocation by the city council, sitting as the city board of license commissioners, for violations of R.I.G.L. tit. 3 and/or relevant city ordinances.

(c)

Applicants situated on the commercial corridors of Broad and Dexter streets shall be given preference in the granting of class B licenses.

(d)

All holders of class D (full privilege) licenses may apply for class B (victualler) licenses, and the city council, sitting as the board of license commissioners, may grant such applicant a class B (victualler) license.

(e)

Upon an aforementioned license becoming available, the city, in its discretion, may advertise and accept applications for the new license in the following manner:

(1)

The clerk shall advertise the application for the available license(s) on the city's website and on relevant city bulletin boards for a minimum of 14 days. The application shall be developed by the clerk and shall include, but not be limited to, a BCI check, a 200-foot radius map, mailing labels for all of those within the 200-foot radius, a certified check and/or money order for the costs of mailing to those within the 200-foot radius, and a business plan for the proposed establishment including answers to the following questions:

a.

Will the business promote the general economic development of the city; and

b.

Is the proposed location one that is targeted for commercial development; and

c.

Will the business promote revitalization of the area where it will be located; and

d.

Will the issuance result in substantial employment opportunities; and

e.

Is the business proposed one that presents a unique concept not currently existing in the city; and

f.

What is the law enforcement track record of the applicant(s) or the establishment and the applicant's plan relating to security and the prevention of underage drinking and/or drinking in excess.

(2)

The city council, sitting as the city board of license commissioners, shall conduct a public hearing on each application and, thereafter, shall consider a list of eligible applications. The city council has general discretionary authority to deny a license application's eligibility based on the following criteria:

a.

Objection is made by owners of the greater part of the area within 200 feet of the premises where a class B, C or I license is to be operated. (R.I.G.L. § 3-7-19) If the owner or owners of the majority of this area object, then the council is without authority to issue the license. The area within 200 feet of the premises means the area within a line 200 feet distant from every side of the proposed premises.

b.

Premises is located within 200 feet of a school or place of public worship. (R.I.G.L. § 3-7-19) The 200-foot measurement shall be made from that point of the proposed licensed place closest to the nearest improved point of the school or place of worship.

c.

Compliance with all city ordinances.

d.

The history of operations at the premises for which a license is requested.

e.

Qualification of the applicant to hold and operate the license, including, but not limited to, residency of the applicant in Central Falls and whether the applicant is currently a business owner in good standing with the city.

f.

Failure of applicant to comply with the requirements of state law, including, but not limited to:

1.

Applicant must be a resident of Rhode Island, except that licenses may be issued to corporations incorporated in other states of the United States if they are authorized to transact business in Rhode Island. (R.I.G.L. § 3-5-10)

2.

Corporate applicants with 25 stockholders or less must provide a list of the names and addresses of all stockholders, officers and members of the board of directors to the city council, and each person listed must be a suitable person to hold a license within the discretion of the city council. (R.I.G.L. § 3-5-10)

3.

Failure of a corporation to report the acquisition of a ten percent interest and any change of officer or directors within 30 days. (R.I.G.L. § 3-5-10)

4.

Applicant has a criminal record or repeated violations of the alcoholic beverage laws. (R.I.G.L. § 3-5-10)

(f)

No application or petition for granting, renewing or transferring a license may be approved by the city council sitting as the city board of license commissioners if the existing license holder, applicant or petitioner is delinquent in the payment of taxes to the city for the real property where the business is situated or for personal property and/or tangible property utilized in the operation of the business.

(Code 1973, § 3-4; Code 1994, § 4-4; Ord. of 5-11-1992; Ord. of 8-16-1993(3), § 1; Ord. of 12-11-1995; Ord. of 3-18-1998(1); Ord. of 6-8-1998; Ord. of 4-14-2003; Ord. of 6-1-2005(2); Ord. of 8-13-2014; Ord. of 12-14-2015, §§ 1, 2; Ord. of 3-11-2019(3), § 1)

State Law reference— Authority of city to license the sale of alcoholic beverages, G.L. 1956, § 3-5-15; retail licenses, G.L. 1956, § 3-7-1 et seq.; maximum number of licenses, G.L. 1956, § 3-5-16.

Sec. 4-41. - Licenses void.#

(a)

All licenses issued under this chapter must be paid for and claimed from the city clerk within 30 days following the approval of the license by the city council sitting as the city board of license commissioners. All licenses not claimed within such 30 days shall be automatically null and void; provided, that if a reasonable cause for failure to claim such license shall be filed with the city clerk within 30 days of the approval of such license, the city council, sitting as the city board of license commissioners, may, if it finds the cause adequate, grant a further extension within which such license may be claimed.

(b)

Whenever it is determined by the city council sitting as the city board of license commissioners that the holder of any liquor license issued on an annual basis has abandoned the premises from which the licensee has been conducting business or shall have ceased to operate under the license for a period of not less than 90 days, the city council sitting as the city board of license commissioners shall hold a hearing after giving written notice to the licensee and may declare the license void, vacated and/or revoked, provided that the city council sitting as the city board of license commissioners may grant a reasonable time, not to exceed nine months, to the licensee within which to reestablish his or her interest in the business where the abandonment or cessation of operations shall have been due to illness, death, fire or other casualty, condemnation of business or other good cause.

(Code 1973, § 3-5; Code 1994, § 4-5; Ord. of 8-13-2014)

Sec. 4-42. - Transfer of license.#

(a)

All licenses issued under this chapter granted and issued by the city after the effective date of this ordinance shall not be transferred to a new license premises or to another person, without application to and approval of the city council sitting as the city board of license commissioners which shall use the factors enumerated in section 4-40(e)(2) in consideration of the application.

(b)

No liquor license holder shall make or allow to be made substantial changes to the operation of his/her establishment from that which is represented at the issuance of the license, without first obtaining the approval of the city council sitting as the city board of license commissioners which shall use the factors enumerated in section 4-40(e)(2) in consideration of the application.

(c)

A transfer of a license shall not be issued by the city clerk unless all requirements in this chapter have been met, the currently required fee is paid, and the applicant is not delinquent on any taxes to the city for the real property where the business is situated or for personal property and/or tangible property utilized in the operation of the business.

(Code 1973, § 3-6; Code 1994, § 4-6; Ord. of 8-13-2014)

State Law reference— Transfer or relocation of licenses, G.L. 1956, § 3-5-19.

Sec. 4-43. - City liquor establishments.#

(a)

Management and personnel. All personnel managing, working in or in charge of any establishment holding or seeking a license to permit the sale or consumption of alcoholic beverages must meet the same requirements in the city as the licensee must meet to be a licensee under state or city law. Violators of this section will be referred to the proper state agency for prosecution under the state statutes for violation of local rules, regulations or laws.

(b)

Regulation of trade names. All licensees, with their application submitted to the state liquor license commission, will also submit for approval the name which the establishment will be called. Any name, except the legal name of the licensee if an individual, can be rejected by the commission if within its discretion it may find the name by its tone or double meaning to be disruptive to the community.

(c)

Notwithstanding any law, ordinance, or regulation to the contrary, no licensee shall serve or sell liquor between the hours of 1:00 a.m. and 9:00 a.m. without approval from the city council.

(Code 1973, §§ 3-7, 3-8; Code 1994, § 4-8; Ord. of 8-13-2014; Ord. of 4-11-2022(1), § 1)

Sec. 4-44. - License fees.#

(a)

The applicant shall be responsible to pay all advertising and related costs for transfer or new alcoholic beverage licenses.

(b)

The annual license fee for a class B license shall be $2,000.00 notwithstanding if said fee is paid on or before December 1, then the license fee for a class B license shall be $1,500.00.

(c)

The annual license fee for a class A license shall be $1,000.00 notwithstanding if said fee is paid on or before December 1, then the license fee for a class A license shall be $800.00.

(d)

The annual license fee for a class B Ltd license shall be $1,500.00 notwithstanding if said fee is paid on or before December 1, then the license fee for a class B Ltd license shall be $1,300.00.

(e)

The annual license fee for a class D license shall be $800.00 notwithstanding if said fee is paid on or before December 1, then the license fee for a class D license shall be $600.00.

(f)

The fee for a class F license shall be $15.00 for each application and the fee for a class F1 license shall be $35.00 for each application.

(Code 1994, § 4-9; Ord. of 12-14-2003; Ord. of 6-26-2006; Ord. of 8-13-2014)

Sec. 4-45. - Class F and F1 licenses.#

(a)

The city council sitting as the city board of license commissioners may grant a class F, for sale of beer and wine only, or class F1 license, for sale of beer, wine and liquor, to an applicant provided that the following conditions have been met:

(1)

Only the beer, wine and liquor as described in the license application may be sold on premise; and

(2)

The license is only valid for a maximum of 19 hours; and

(3)

The license is only valid between the hours of 6:00 a.m. and 1:00 a.m.; and

(4)

The only eligible applicants for this license are religious organizations, non-profit organizations and political organizations; and

(5)

The license is to be considered a "special event" license, which is not subject to issuance on a regular basis to the same party and/or premises. "Special Event" is defined as any occasion and/or event which shall occur at irregular intervals of time not subject to any permanent scheduling. No licensee may receive more than five such licenses in any one calendar year. Upon a showing of good cause, the City Council sitting as the city board of license commissioners may grant up to an additional seven licenses to a proposed licensee whose event exceeds said five licenses; and

(6)

The applicant must present evidence that all bartenders employed by the licensee shall be certified by a Nationally Recognized Alcohol Beverage Server Training Program.

(7)

The applicant shall purchase all alcoholic beverages at retail from a licensed class A alcohol retail establishment located in the State of Rhode Island.

(8)

The city council sitting as the city board of license commissioners has weighed and considered the following facts and evidence:

a.

Whether proper health and safety precautions have been put into place;

b.

Adequate police control or protection;

c.

Satisfactory sanitary and health facilities on the premises.

d.

Control procedures that will be in place to prevent under-aged drinking and excessive drinking by any individual or individuals frequenting the "special event."

(b)

The provisions of this section shall be enforced in accordance with Title 3 of the General Laws. Any person or entity violating this section shall be fined $500.00 for such violation and shall be subject to license suspension and/or revocation.

(Ord. of 8-13-2014)

Secs. 4-46—4-61. - Reserved.#

DIVISION 3. - ENTERTAINMENT IN PREMISES LICENSED FOR ON-PREMISES CONSUMPTION#

Sec. 4-62. - Liquor license suspension, revocation or other sanction.#

(a)

The city council sitting as the city board of license commissioners may summon any licensee on charges and/or for a hearing on charges of violating any city, state or federal regulation or law. After notice and the opportunity to be heard, the city council sitting as the city board of license commissioners may sanction the licensee including fines, suspension of license, revocation of license, and/or any other sanction reasonably related to the findings of fact.

(b)

If the owner, operator, licensee, lessor, lessee, manager, employee, or any other person participating in the operation of the establishment located within the city at which alcoholic beverages are offered for sale for consumption on the premises, shall violate or be in violation of any of the provisions of section 4-63, the city council shall revoke the liquor license for said establishment after giving reasonable notice thereof to the holder of said license and affording the holder an opportunity to be heard as to why the license should not be revoked.

(Code 1994, § 6-187; Ord. of 11-6-2000; Ord. of 8-13-2014)

Sec. 4-63. - Prohibition.#

(a)

It shall be unlawful for any person maintaining, owning or operating an establishment located within the boundaries of the city at which alcoholic beverages are offered for sale for consumption on the premises:

(1)

To suffer or permit any female person, while on the premises of said establishment, to expose to the public view that area of the human female breast at or below the top of the areola thereof.

(2)

To suffer or permit any female person, while on the premises of said 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)

To suffer or permit any person, while on the premises of said establishment, to expose to public view his genitals, pubic area, buttocks, anus, or anal cleft.

(4)

To suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft.

(b)

It shall be unlawful for any female person, while on the premises of an establishment located within the city, at which alcoholic beverages are served 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 top of 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 herein.

(c)

It shall be unlawful for any person, while on the premises of an establishment located within the city, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his genitals, pubic area, buttocks, anus or anal cleft.

(Code 1994, § 6-185; Ord. of 11-6-2000; Ord. of 8-13-2014)

State Law reference— Indecent exposure, G.L. 1956, § 11-45-1(a)(8).