Sec. 46-8. - Consumption or possession of alcoholic beverages.

It shall be unlawful for any person to drink, consume or possess any alcoholic beverages in any motor vehicle either parked or being operated, or in any public place, as defined by the Code, within the town, except for such beverages served on the premises of alcoholic beverage licensees during the hours permitted by law, and except as specifically provided for herein, to wit: (1)

Town beach facilities—Clubhouse.

a.

Alcohol service is limited to the clubhouse and those portions of the beach so defined by this section in conjunction with a clubhouse rental event.

b.

Alcohol service and consumption are only allowed (pursuant to the conditions noted herein) on the beach in the area directly to the east of the clubhouse facility proper, extending out a distance of 30 feet from the easterly edge of the deck, and bounded to the north by the extension (in the sand) of the north building lines and bounded to the south to include the existing east/west cement walkway adjacent to the clubhouse deck, and 30 feet of the existing north/south cement walkway between the clubhouse and the North Beach Pavilion and the northeast corner (20 feet long × 15 feet wide) of the existing 25-foot × 50-foot cement pad. The town will provide temporary markings and signage for each approved event to delineate the area defined under this section.

c.

Permission to use the beach area as part of a clubhouse rental event (with or without approval to consume alcohol) does not change the allowable occupancy for said event. The maximum occupancy (with or without the use of the beach area) will be in accordance with the town's established rental policies and will be a function of restroom facility capacity as determined by the town engineer or his/her designee and the State Fire Code, whichever is more restrictive.

d.

The sponsor of any event in which alcohol consumption on the beach is permitted by the town under this section shall pay for a fire detail to regulate building occupancy for the duration of the event. The town reserves the right to require a police detail as well, also at the sponsor's cost. An additional facility rental fee will also be established by the town for said events that include beach and/or beach tent usage.

e.

The ability to make use of the aforementioned limited beach area shall be provided only to nonprofit corporations that are also exempt from taxation under Section 503(c) of the Internal Revenue Code.

f.

Any request for permission for alcohol consumption on the beach (with said permission to be strictly limited to the area defined above) shall require the applicant to obtain approval from the town council prior to the date of the proposed event. As a part of the application process, the applicant shall personally appear before the town council at a public meeting to explain the purpose of the event and the measures that will be taken to control the event. Unless the applicant (or his/her duly authorized agent for the event in question) possesses a class P caterer's license, the applicant shall also be required to apply for and obtain a class F or class F-1 license for the event from the town council, prior to the event being held.

g.

Alcohol consumption on the beach in the area so designated by the town shall cease no later than 11:00 p.m.

h.

The applicant will have to provide for additional sanitation facilities on the beach if the event will host more than the allowable clubhouse occupancy.

i.

The applicant will be responsible for providing and maintaining rubbish removal facilities on the beach for his/her event.

j.

For applications that include beach tent rentals, the applicant must provide this request to the town at least four weeks prior to the date of the event. The maximum beach tent size will be such that the tent must fit within the beach area designated under subsection (1)b. above. The town must approve all tents as to size, style, and color, and the fire marshal must approve and certify all tents as being in conformance with the applicable state fire codes.

k.

Access to the beach area as part of a clubhouse rental shall be in accordance with the clubhouse rental policies in terms of access times, designated parking, and other such administrative matters.

(Code 1986, § 13-9; Ch. 913, § 1, 7-6-2009; Ch. 915, § 1, 7-20-2009; Ch. 922, § 1, 9-21-2009; Ch. 939, § 1, 1-3-2011; Ch. 947, § 1, 9-13-2011; Ch. 1044, § 1, 11-20-2017)

Cross reference— Alcoholic beverages, § 14-66 et seq.

State Law reference— Consumption of alcoholic beverages while operating a vehicle, G.L. 1956, § 32-22-21; indecent intoxication, G.L. 1956, § 45-6-3.