The text
(1)
Purpose. The purpose of this section is to establish zoning and performance standards for farm wineries as defined in Article II, and as regulated under R.I. Gen. Laws § 3-6-1.1 and the Commercial Licensing Regulations of the Rhode Island Department of Business Regulation (230-RICR-30-10), as amended. These regulations are intended to support agricultural-based production while ensuring compatibility with surrounding uses, protection of environmental resources, and consistency with the Hopkinton Comprehensive Plan.
(2)
General requirements.
(a)
Minimum lot size. The minimum lot size to establish a farm winery is five (5) acres.
(b)
State licensing. The applicant must obtain and maintain a valid Rhode Island farmer-winery license issued under R.I. Gen. Laws § 3-6-1.1.
(c)
State permits. The operation shall obtain:
i.
RIDEM approval for onsite wastewater treatment system (OWTS), where applicable;
ii.
A RI Pollutant Discharge Elimination System (RIPDES) permit for any process wastewater discharge;
iii.
Any additional environmental or public health approval required under state or federal law.
(d)
Town licenses. Prior to operation and/or any event, the applicant shall obtain all relevant local licenses from the Hopkinton Town Council, including but not limited to:
i.
Victualing license.
ii.
Entertainment or event license.
(3)
Wastewater and solid waste disposal.
(a)
All wastewater discharge shall be managed in accordance with RIDEM regulations for OWTS or industrial discharge, including but not limited to applicable OWTS and RIPDES requirements.
(b)
Floor drains and trench drains shall be equipped with screening or solid interceptors to prevent solids such as spent grains, hops, fruit pulp, or yeast from entering the wastewater treatment system.
(c)
Solids from brewing, fermentation, or processing shall not be discharged into drains and must be managed through reuse (e.g., composting, animal feed) or otherwise properly disposed of in accordance with RIDEM guidelines.
(d)
Evidence of conformance with these standards may be required as part of the permitting authority's review and inspection process.
(4)
Importing of products. A winegrower may import fruit, flower, herbs, and vegetables to produce not more than seven thousand five hundred (7,500) gallons of wine during his or her first year of operation, not more than five thousand (5,000) gallons during his or her second year of operation, not more than two thousand five hundred (2,500) gallons during his or her third year of operation and not more than one thousand (1,000) gallons per year thereafter or as amended under R.I. Gen. Laws § 3-6-1.1(c).
(a)
If a winegrower suffers crop failure in his or her vineyard in a particular year to the extent that the fruit yield from his or her vineyard that year is at least twenty-five (25%) below the average yield for the previous two (2) years, the winegrower may import fruit into the state during that year in an amount equal to the difference between the current year's yield and the average for the previous two (2) years, or as amended under R.I. Gen. Laws § 3-6-1.1(d). A winegrower shall not import unfermented juice, wine, or alcohol into the state.
(5)
Sales. A winegrower may sell wine or winery products under his or her label and fermented by him or her or another winegrower licensed by the state as permitted under R.I. Gen. Laws § 3-6-1.1(e), as amended.
(6)
Tasting facilities.
(a)
Tasting rooms, where permitted, shall be clearly accessory to the agricultural production and marketing of on-site products. Tasting room areas shall be limited to thirty (30%) of the total gross floor area of the facility.
(b)
The primary function shall be the marketing and sale of alcoholic beverages produced on-site.
(c)
Incidental retail sales of merchandise is permitted, subject to all local and state requirements and approvals as provided for in this section.
(d)
The sale of food shall comply with the RI Department of Health and Hopkinton licensing requirements. The sale of food shall be as an accessory to the primary use of wine making and shall be confined to the tasting room area of the farm winery.
(7)
Events.
(a)
Events associated with a farm winery shall comply with Chapter 3 - Amusements and Outdoor Recreational, Entertainment, Cultural Events, and Festivals of the Town Code and require an event license.
(b)
Noise, parking, and public safety requirements shall be addressed in the event application and are subject to conditions imposed by the Town Council as part of the event license.
(8)
Application and Approval Process.
(a)
Applicability. All proposed farm breweries, farm distilleries, and farm wineries, shall be reviewed and approved in accordance with the Town of Hopkinton Land Development and Subdivision Regulations. The level of review shall be determined based on the scope of development and as required by those regulations. No building permit or local license shall be issued until such review is complete and all approvals obtained.
(b)
All projects under this section shall be subject to the requirements under Article XVI of the Land Development Subdivision Regulations, which at a minimum must address:
i.
Height,
ii.
Proportions of windows and doors,
iii.
Relations of building masses and spaces,
iv.
Roof shape,
v.
Scale,
vi.
Facade line, shape and profile,
vii.
Architectural details,
viii.
Advertising features,
ix.
Heritage - historical/cultural impact,
x.
Energy efficiency,
xi.
Landscape,
xii.
Lighting and controls,
xiii.
Vehicular and pedestrian circulation,
xiv.
Environmental impact.
(9)
Additional submission requirements. In addition to the submission requirements outlined in this section and in the Land Development and Subdivision Regulations, the following are required for submission:
i.
Estimated annual production capacity;
ii.
Hours and days of operation;
iii.
Number of employees;
iv.
Anticipated size and frequency of events;
v.
Description of any food preparation or service;
vi.
A parking and event management plan that demonstrates the ability to appropriately manage events so as not to create a nuisance for neighboring properties.
(Ord. No. 2025-06, § 6, 9-2-25)