ARTICLE IV. - ALCOHOLIC BEVERAGES
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (4) --- Cross reference— Consumption of alcoholic beverages, § 46-8.
State Law reference— Alcoholic beverages, G.L. 1956, title 3; local licensing authority, G.L. 1956, 3-5-15; licensing and regulation of taverns, cookshops and oyster houses, G.L. 1956, § 5-24-1 et seq.
DIVISION 1. - GENERALLY#
Secs. 14-66—14-79. - Reserved.#
DIVISION 2. - LICENSES#
Sec. 14-80. - Class A alcoholic beverage establishments.#
(a)
Retailer's Class A licenses, as defined and regulated by RI General Laws Title 3, Chapter 7, shall not be issued to authorize the sale of beverages in any store or place within one mile measured by any public way of another premises holding a Class A license. Licenses presently issued to premises within one mile of the premises where another Class A license is presently issued, may continue to be issued to those premises so long as those premises are in continuous operation under the license. Any transfer or removal from those premises of the license is subject to the provisions of this section. Where a proposed licensed place is upon the opposite side of the street from an existing license, the width of the street is to be disregarded in measuring the distance so as to ascertain if it is one mile away from the premises.
(b)
In the event that the building or land occupied by the holder of a retailer's Class A license is taken in whole or in part by eminent domain or by other public authority, the local licensing authority may permit the license to be transferred to a store or place no closer than one mile measured by any public way of other premises holding a Class A license. A retailer's Class A license may be issued to the premises so long as the premises are in continuous operation under the license. Where a proposed licensed place is upon the opposite side of the street from an existing license, the width of the street is to be disregarded in measuring the distance to ascertain if it is one mile away from those premises.
(Ch. 1078, § 2, 9-21-2020)
Editor's note— Ch. 1078, § 2, adopted September 21, 2020, set out provisions intended for use as § 14-70. For purposes of maintaining the numbering style of the Code, and at the editor's discretion, these provisions have been included as 14-80.
Sec. 14-81. - Class B alcoholic beverage establishments.#
(a)
All proprietors of victualling places and taverns holding class B alcoholic beverage licenses in the town shall cease serving alcoholic beverages at 12:45 a.m. All patrons and guests shall vacate the rooms where alcoholic beverages are served so that no customers or guests shall remain in such rooms after 1:20 a.m., and such victualling places and taverns shall remain closed until regular opening hours not earlier than 6:00 a.m.
(b)
All employees of such establishments, shall, by 2:00 a.m., vacate the licensed premises where alcoholic beverages are consumed or sold.
(c)
All proprietors of such establishments shall ensure that the first item of any cleanup shall be the removal of all alcoholic beverages or their containers including, but not limited to, all bottles, glasses, mugs and pitchers, from the bars and tables in the rooms where alcoholic beverages are sold or consumed. Such removal shall be completed by 1:30 a.m.
(d)
The chief of police shall have the authority to waive the restriction for class B alcoholic beverage licenses established by subsection (b) of this section because of unusual circumstances. The waiver shall be at the sole discretion of the chief of police.
(Code 1986, § 12-23; Ch. 914, § 1, 7-6-2009)
State Law reference— Class B licenses, G.L. 1956, § 3-7-7.
Sec. 14-82. - Class J conventional hall alcoholic beverage licenses.#
(a)
For the purposes of this section, the following definitions shall delineate the events which are authorized at class J facilities:
(1)
Conventions shall be limited to gatherings of persons in a particular field or business for the purpose of education or evaluation of conditions and/or trends in that field or business.
(2)
Banquets shall be limited to gatherings where 150 or more persons are seated at tables for full course meals for the purpose of honoring a person or organization or to celebrate a special occasion or achievement.
(3)
Political rallies shall be limited to gatherings of persons for the purpose of generating enthusiasm for a particular candidate, political party or civic purpose.
(4)
Trade shows or exhibitions shall be limited to gatherings of persons in a particular business, industry or field for the purpose of exhibiting products, services or talents.
(5)
Charity balls shall be limited to social gatherings and/or dances which are sponsored by and for the benefit of nonprofit organizations.
(6)
If the licensee plans to schedule an event which does not appear to meet the precise terms of the above definitions, the licensee shall first apply to the town council for a determination as to whether the proposed event constitutes a class J event under the terms of this section.
(b)
The following rules and regulations shall apply to class J licensees and to the facilities within which such events are held:
(1)
The capacity of class J facilities shall be limited to four seats per parking space with a minimum capacity of 500 seats and a maximum capacity of 700 seats. The required parking shall be furnished in the form of a paved, lined parking area on the premises of the licensee.
(2)
In order to maintain public safety and to ensure that the class J facility does not adversely impact upon the surrounding neighborhood, the licensee, at its expense, shall implement such measures and engage such personnel as the town council may deem necessary to control patrons and traffic inside and outside the facility, including the hiring of police officers if the town so requires.
(3)
The service of alcoholic beverages shall be subject to the following conditions:
a.
Alcoholic beverages shall be served at tables from a service bar only.
b.
There shall be no standup bar or bar with seats.
c.
At any time when the facility is being used for a nonclass J function, the service bar shall be closed and enclosed so that it is not visible to patrons of the facility.
(4)
On any date on which the facility is scheduled to be used for a class J event, the facility may not be used for a non-class J event at any time on that same date.
(5)
The licensee shall be limited to 100 class J dates per year except that the town council may, at its discretion, grant additional dates for good cause shown.
(6)
Events which feature television, closed circuit or otherwise for the viewing of sporting or other events shall not constitute class J events under the terms of this section.
(7)
There shall be no music or entertainment at a class J event after midnight.
(Code 1986, § 12-24)
State Law reference— Class J licenses, G.L. 1956, § 3-7-16.
Sec. 14-83. - Class B alcoholic beverage licenses; B-A zoning districts.#
(a)
The following rules and regulations shall apply to all class B alcoholic beverage licenses hereafter issued within the B-A zoning districts:
(1)
All such licenses shall be accessory to the primary use of the premises as a restaurant.
(2)
Reserved.
(3)
Reserved.
(4)
No alcoholic beverages shall be served after 12:00 a.m.
(b)
Only those restaurants with a seating capacity for at least 30 patrons, as determined by the Rhode Island State Fire Marshal or his designee, shall be eligible to apply for a full-service class B alcoholic beverage license. Restaurants within a minimum seating capacity of at least 25 patrons, as determined by the Rhode Island State Fire Marshal, or his designee, shall be eligible to apply for a limited class B alcoholic beverage license authorizing the sale of malt and vinous beverages only.
(Code 1986, § 12-25; Ch. 1012, § 1, 7-6-2015)
State Law reference— Class B license restrictions authorized, G.L. 1956, §§ 3-7-7, 3-5-20.
Secs. 14-84—14-100. - Reserved.#
DIVISION 3. - CONDUCT#
Sec. 14-101. - 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 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.
(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 or cleavage.
(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, 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, to expose to public view that area of the human female breast at or below the areola, 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, 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 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 in section 1-14 of this Code.
(Code 1986, § 12-26)