Sec. 46-11. - Permit to possess kegs required.

(a)

Definitions. For the purpose of this section the following definitions shall apply:

The definitions contained in the Narragansett Zoning Ordinance [Appendix A of this volume] are hereby incorporated herein as if fully set forth in their entirety.

Intoxicating liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight.

Kegs. Containers designed for and capable of holding intoxicating or non-intoxicating malt liquor to be dispensed from a tapper.

Nonintoxicating malt liquor. Malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.

(b)

Permit to possess kegs required. Any individual of lawful age under the laws of the State of Rhode Island may possess a keg in a residentially zoned area or dwelling unit within the Town of Narragansett after first having obtained a permit and permit sticker from the office of the town clerk.

(c)

Permit fee. The permit fee for each keg shall be $5.00.

(d)

Limitations. All permits authorized under this section shall be subject to the following limitations:

(1)

The permit is valid for possession of one keg containing up to 16 gallons. No person may possess more than one permit.

(2)

No more than one keg may be possessed within any dwelling unit, lodginghouse, or roominghouse located in a residentially zoned area within the Town of Narragansett. No resident shall possess or allow any other person to possess a keg contrary to this section.

(3)

No application shall be approved without the applicant first providing written authorization from the owner of the premises where the applicant will be possessing the keg.

(e)

Application for permit and permit sticker. Any person desiring to obtain a permit to possess a keg shall fill out an application at the office of the town clerk setting forth the applicant's full name, address and telephone number and the address within Narragansett, Rhode Island, where the applicant will be possessing the keg. In addition, the applicant will be required to provide proof of identity and age in the form of a valid Rhode Island driver's license or identification card, or valid driver's license from another jurisdiction. Falsifying any information requested on the permit application shall constitute a violation of this section. At the time of issuance of the permit, a permit sticker shall be issued to the applicant. The permit sticker shall be immediately and firmly affixed by the applicant to the keg utilizing the adhesive on the sticker and placing the sticker in a clearly visible location upon the purchase of the keg.

(f)

Return of permit. Prior to the issuance of any subsequent keg permit and permit sticker, the preceding permit issued and the remains of the permit sticker must be returned to the Office of the Narragansett Town Clerk or in the alternative a minimum of 30 days shall have elapsed since the date of issuance of the previous permit.

(g)

Persons ineligible for permit. No person shall be issued a keg permit if that person has been convicted of a violation of this section which occurred within the previous 365 days.

(h)

Prohibitions. It shall be unlawful for any person to possess a keg within a residential zone or dwelling unit within the Town of Narragansett without having first obtained a permit and permit sticker as set forth herein. A permittee shall have the permit present at the location where the keg is possessed at all times, and shall exhibit the permit upon the request of any authorized officer. Any keg that does not have the required permit sticker shall be seized by the police department and held pending final disposition of any charges brought in the Narragansett Municipal Court.

(i)

Duty of licensed liquor establishment. Each liquor establishment located in the Town of Narragansett and offering for sale kegs containing nonintoxicating or intoxicating malt liquor for consumption off-premises, shall, as a condition of said license, post in a conspicuous location within five feet of the check-out location in the establishment, a notice provided by the Narragansett Police Department regarding the provisions of this section.

(j)

Exceptions. Any person or premises licensed to sell intoxicating liquor under any other provision of state law or local ordinance may possess kegs and are specifically exempted from the provisions of this section.

(k)

Penalties. Any violation of this section shall be punishable by a fine not to exceed the maximum allowable in the Narragansett Municipal Court and/or imprisonment of not more than 30 days.

(Ch. 850, § 1, 7-7-2004)