The text
DIVISION 1. - GENERALLY#
Secs. 14-392—14-405. - Reserved.#
DIVISION 2. - SUNDAY SALES#
Footnotes:
--- (16) --- State Law reference— Sunday licenses, G.L. 1956, § 5-23-1 et seq.
Sec. 14-406. - Holiday businesses.#
Upon application to the town council and upon payment of the current annual fee for holiday licenses, any business in the town may open on Sundays and holidays as permitted in RIGL 5-23-2 et seq. The fee shall be set by resolution of the town council.
(Ch. 875, § 1, 5-15-2006)
Editor's note— Ch. 875, § 1, adopted May 15, 2006, repealed § 14-406, and enacted a new § 14-406 as set out herein. The former § 14-406 pertained to the applicability of this division to licensed victualling houses and taverns and was derived from Code 1986, § 12-266.
Sec. 14-407. - License.#
(a)
Required. Any person who desires to sell or offer for sale, at retail on the first day of the week, commonly called Sunday, shall first obtain a license for such purpose from the town council.
(b)
Grant; issuance. The town council shall grant licenses for the sale by retail establishments at any places in the town designated in those licenses, on the first day of the week, commonly called Sunday, and on holidays enumerated in G.L. 1956, § 5-23-1. However, no license shall be issued on December 25 of any year or on that holiday known as Thanksgiving Day, except to:
(1)
Pharmacies licensed under G.L. 1956, § 5-19-1 et seq.;
(2)
Retail establishments which principally sell food products as defined in G.L. 1956, § 44-18-30(9) and which employ fewer than six employees per shift at any one location;
(3)
Retail establishments principally engaged in the sale of cut flowers, floral products, plants, shrubs, trees, fertilizers, seeds, bulbs and garden accessories;
(4)
Retail establishments principally engaged in the sale and/or rental of video cassette tapes; and
(5)
Retail establishments principally engaged in the preparation and/or sale of bakery products.
(Code 1986, § 12-267)
Sec. 14-408. - Hours of operation.#
Retail establishments licensed pursuant to this division may be permitted to open for business on Sundays between the hours of 12:00 noon and 6:00 p.m., except that pharmacies licensed under G.L. 1956, § 5-23-2 and retail establishments which principally sell food products as defined in G.L. 1956, § 44-18-30(9), and retail establishments engaged in the sale of pools and pool supplies for the period beginning on March 1 and ending on November 30, may be open during their normal working hours. Retail establishments licensed pursuant to this section may be permitted to open for business during holidays on their normal business working hours.
Sec. 14-409. - Exemptions.#
Retail establishments licensed pursuant to this division shall be exempt from the provisions of G.L. 1956, § 11-40-1 et seq., Sunday laws, and G.L. 1956, § 25-1-1 et seq., holidays and days of special observance, and those establishments may sell any and all items sold in the ordinary course of business with the exception of alcoholic beverages. All retail establishments may sell any and all items sold in the ordinary course of business with the exception of alcoholic beverages after obtaining a license on those Sundays between Thanksgiving Day and Christmas between the hours of 10:00 a.m. and 7:00 p.m.
Sec. 14-410. - Establishments selling cut flowers, floral products, plants and gardening supplies.#
Retail establishments engaged in the sale of cut flowers, floral products, plants, shrubs, trees, fertilizer, seeds, bulbs and gardening accessories, metal goods, locks, tools and cutlery, including any concession operated by or on the premises of a larger establishment, shall be licensed, prior to their sale, in accordance with this division; provided, however, that the hours of operation on Sundays or holidays shall be between the hours of 9:00 a.m. and 6:00 p.m.
Sec. 14-411. - Establishments selling or renting video tapes.#
Retail establishments engaged primarily in the sale and/or rental of video cassette tapes shall be licensed in accordance with this division; provided, however, that the hours of operation on Sundays and holidays may be between the hours of 10:00 a.m. and 10:00 p.m.
Sec. 14-412. - Minimum hours and wages for Sunday employment.#
All employees engaged in work during Sundays and holidays pursuant to the provisions of this division shall receive from their employer no less than time and a half for the work so performed and shall be guaranteed at least a minimum of four hours employment; except those employees referred to in G.L. 1956, § 28-12-4.3(a)(4), provided that the work so performed by the employee shall be strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday shall not be a ground for discrimination, dismissal or discharge or any other penalty upon the employee.
Sec. 14-413. - Charitable organizations exempt from licensing fees.#
The town council shall not charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane, patriotic, social service, civic, fraternal, police, fire, labor or religious organization which is not operated for a profit.
Sec. 14-414. - Establishments selling baked goods; pharmacies.#
Retail establishments engaged principally in the preparation and/or sale of bakery products and pharmacies shall be licensed prior to the sale of such goods in accordance with this division; provided, however, that the time and one-half and voluntary work provisions shall not apply.
Sec. 14-415. - Rules and regulations fixed by council.#
The town council shall fix, limit and specify those rules, regulations and conditions relating to the granting, holding and exercising those licenses as it may deem necessary or advisable and as are not inconsistent with law, and may suspend or revoke any such license by it granted for more than two violations of such rules, regulations and conditions during a calendar year.
Sec. 14-416. - Establishments selling bait and fishing products.#
Retail establishments engaged in the sale of bait and recreational fishing products shall be licensed prior to the sale of such items in accordance with this division; provided, however, that the hours of operation on Sundays and holidays shall be between the hours of 5:00 a.m. and 8:00 p.m., or any portion of such hours. State Law reference— Similar provisions, G.L. 1956, § 5-23-2.
Sec. 14-417. - Application for Sunday license.#
Every person making application for a Sunday license shall specify in every such application the commodities, articles or privileges which such applicant desires to be licensed to sell or rent on Sunday, and the place or building where such sale or rentals are to be carried on, and shall also with such application make a deposit of the fee therefor required by this division.
(Code 1986, § 12-268)
Sec. 14-418. - License fees.#
(a)
Bathing suit rentals. The minimum fee to be paid the town upon the granting of a license for dealing in the rental of bathing suits on Sunday shall be $5.00 for every such license.
(b)
Automobile parking rental; operation of a public golf course. The fee upon the granting of a license for the dealing in the rental of automobile parking space shall be $25.00 for 50 or less parking spaces, plus $5.00 for each additional 25 spaces or fraction thereof, not to exceed $100.00. The fee for a license for the operation of a public golf course on Sunday shall be $50.00.
(c)
Other articles and services. The fee upon the granting of a license for the sale on Sunday by retail dealers of all other articles, services and privileges set forth and enumerated in section 14-407 and not including such articles as set forth and enumerated in subsection (a) of this section shall be $50.00. Such license shall entitle the licensee to sell any or all such articles, services and privileges excepting those services, articles and privileges mentioned in subsection (a) of this section.
(Code 1986, § 12-269)
Sec. 14-419. - Right of entry for inspections.#
All premises licensed under the provisions of this division may be inspected at all times by the police officers and other town officials. Any such license granted may be revoked or suspended at the pleasure of the town council, and every license so granted shall be displayed in a conspicuous place on the premises so licensed.
(Code 1986, § 12-270)
Sec. 14-420. - Hours of operation.#
Except as otherwise provided in this division, all persons licensed under the provisions of this division may keep such licensed places open for business between the hours of 7:00 a.m. until 11:00 p.m.
(Code 1986, § 12-271)