ARTICLE V. - BYOB LICENSE FOR PUBLIC ENTERTAINMENT EVENTS

Sec. 6-76. - Purpose and intent.#

(a)

The council of the Town of Tiverton hereby declares that the purpose of this article is to preserve the health, safety and welfare of its residents by ensuring that the public consumption of alcohol is carried out responsibly at public entertainment events at which attendees may bring their own alcoholic beverages for consumption at those events.

(b)

It is the council's intent to ensure that the organizers of public entertainment events at which attendees may bring their own alcoholic beverages for consumption at those events are properly trained to inspect photo identification to prevent underage drinking, as well as to regulate the amount of alcohol consumption that occurs during these aforementioned public entertainment events to promote the health and safety of the Town of Tiverton and to reduce the prominence of drinking and driving therein.

(Ord. of 3-9-15)

Sec. 6-77. - Definitions.#

As used in this article, the following terms shall have the meanings indicated:

Alcoholic beverages means any and all intoxicating beverages that contain alcohol, liquor or other such intoxicating substances as are further defined in G.L. § 3-1-1.

BYOB license for public entertainment event means a license issued by the town council which permits the holder to hold a public entertainment event, as herein defined, at which attendees may bring their own alcoholic beverages for consumption at that event. This license is distinct from a BYOB license for a victualing house, as defined in section 6-55.

Public entertainment event means any event at which music or entertainment is provided by live performances or prerecorded means or a show or exhibition which is held indoors or out of doors to which members of the public are invited or admitted for a charge, or free of charge, by any person (including a corporation or commercial business) or organization residing or doing business in the town. This does not include adult entertainment which is otherwise regulated by zoning ordinance and this Code.

(Ord. of 3-9-15)

Sec. 6-78. - General rule.#

No business, organization, or individual shall maintain, operate, or conduct any public entertainment event at which attendees may bring their own alcoholic beverages for consumption at that event without first obtaining a license from the town council as set forth herein.

(Ord. of 3-9-15)

Sec. 6-79. - BYOB license required for public entertainment events.#

The town council has the authority to issue BYOB licenses for public entertainment events. Applications for such license must be filed with the town clerk in conjunction with the filing of an application for a public entertainment license, as provided in chapter 51 of this Code.

(Ord. of 3-9-15)

Sec. 6-80. - BYOB license required for public entertainment events—Term of license.#

The town council may issue a BYOB license on an annual basis for public entertainment events that take place year-round. The town council may also issue a BYOB license on a temporary basis for public entertainment events that take place seasonally or for public entertainment events of a shorter duration. The applicant shall indicate on the application form whether an annual or temporary license is requested. In accordance with section 51-22(a)(1), the applicant shall indicate the days and hours during which the proposed public entertainment is to be conducted.

(Ord. of 3-9-15)

Sec. 6-81. - Conditions for issuance.#

(a)

The applicant must provide proof that there will be an individual at the public entertainment event who holds a currently active certified alcohol server training program certificate as defined by G.L. § 3-7-6.1 and Rhode Island Department of Business Regulation Commercial Licensing Regulation 8, Section 4, rule 43. The certified individual is responsible for supervising the consumption of alcoholic beverages at the public entertainment event.

(b)

Applicant, if an individual, or the responsible party if an organization, shall have no criminal convictions or alcohol-related dispositions at the Rhode Island Traffic Tribunal.

(c)

If the applicant is not the owner of the premises where the event will be held, the property owner must provide the town with written permission for the event to be held and permission for the issuance of the BYOB license.

(d)

Applicants must receive approval for the BYOB license from the chief of the town police department.

(Ord. of 3-9-15)

Sec. 6-82. - Fees, fines, suspension, revocation, etc., of BYOB license.#

The BYOB license is subject to fees and advertising costs set from time to time by the town council; and also to the same fines, limitations, revocations, suspensions or any other conditions as if said BYOB license was a Rhode Island Department of Business Regulation Commercial Licensing Regulation 8, Section 4, Rule 5 Class B-V license. Partial year license fees may be prorated by the clerk.

(Ord. of 3-9-15)