ARTICLE II. - ALCOHOLIC BEVERAGES, TAVERNS AND VICTUALLING HOUSES
Part of the Code of Ordinances of Warren, RI.
The text
Footnotes:
--- (2) --- Cross reference— Adult entertainment, § 11-351 et seq.; Consumption of alcoholic beverages in public places prohibited, § 13-5; picnics involving intoxicating liquors restricted, § 13-6.
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#
Sec. 11-26. - Prepayment town taxes required.#
All class A, class B, class C, and class D liquor licenses are subject to payment to the town treasurer of all town taxes due before any of the aforementioned classes of license shall be issued, transferred or renewed.
(Ord. of 12-16-80)
Cross reference— Finance and taxation, Ch. 7.
Sec. 11-27. - Reserved.#
Editor's note— An ordinance adopted Mar. 14, 1995, deleted § 11-27, Licensing of restaurants, derived from an ordinance adopted Apr. 8, 1986.
Sec. 11-28. - Limitation on number of class B liquor licenses.#
Pursuant to the provisions of section 3-5-16 of the General Laws, the town council hereby limits the maximum number of class B liquor licenses. (a)
The maximum number of class BV beverage licenses to be issued by the town is fixed at thirty-two (32).
(b)
The maximum number of class BVL beverage licenses to be issued by the town is fixed at seven (7).
(Code 1967, § 19-12; Ord. of 11-24-70; Ord. of 1-12-71(1); Ord. of 5-16-72; Ord. of 6-11-74; Ord. of 6-10-75; Ord. of 5-11-76; Ord. of 8-9-77; Ord. of 12-13-77; Ord. of 1-10-84; Ord. of 11-20-90; Ord. of 1-8-91; Ord. of 5-14-91; Ord. of 5-30-91; Ord. of 5-12-92; Ord. of 6-9-92; Ord. of 6-9-92; Ord. of 1-17-95; Ord. of 3-14-95; Ord. of 6-13-95; Ord. of 3-4-97; Ord. of 4-8-97; Ord. of 12-16-97; Ord. of 11-14-2006; Ord. No. O-1, 3-13-2007; Ord. No. O-1, 3-11-2008; Ord. No. O-1, 10-14-2008; Ord. of 2-9-2010; Ord. of 11-8-2011; Ord. of 10-9-2012; Ord. of 5-12-2015(2); Ord. of 7-11-2017(2); Ord. of 12-12-2017(2); Ord. of 1-14-2020; Ord. of 3-10-2020; Ord. of 2-8-2022(1); Ord. of 6-14-2022(1); Ord. of 10-10-2023(1); Ord. of 10-14-2025)
Sec. 11-28.1. - Limitation on number of class C liquor licenses.#
Pursuant to the provisions of R.I. Laws section 3-5-16, the town council hereby limits the maximum number of class C licenses to be issued by the town to one (1).
(Ord. of 8-9-2005)
Sec. 11-29. - Limitation on number of licenses of class D liquor licenses.#
Pursuant to the provisions of section 3-5-16 of the General Laws, the town council hereby limits the maximum number of class D licenses to be issued by the town to five (5).
(Code 1967, § 19-13; Ord. of 2-9-2010)
Sec. 11-29.1 - Limitation on number of T licenses.#
Pursuant to the provisions of Chapter 3-7 Retail Licenses, Section 3-7-16.3- Class T legitimate theater license. (a) Legitimate theaters as defined in R.I.G.L. 3-7-16.3 subsection, (b) or subsection (c) may apply for a Class T license. The license authorizes the holder of the license to keep for sale and to sell beverages at retail in the place described in the license and to deliver those beverages for consumption on the premises where sold at the times when scheduled events relating to art, the legitimate theatre or community artistic experiences may be held on those premises and for a period of one (1) hour prior to those events and one (1) hour subsequent thereto, provided those events begin subsequent to 12:00 noon. The licensed premises may contain a bar. A Class T license authorizes entertainment only in conformity with ordinances of the city or town where the facility is located on the licensed premises. Class T licenses shall only be issued by the local licensing authority. The number of Class T licenses in the Town of Warren shall be limited to one (1) license only.
(Ord. of 4-11-2017(1))
Sec. 11-30. - General conduct of business.#
(a)
Every person licensed under the provisions of this article shall maintain good order in the building licensed, and shall not suffer any person in such licensed building to become intoxicated, nor shall he take in pawn or pledge any article whatsoever; neither shall he suffer such licensed building to become frequented by any common drunkard or person addicted to the intemperate use of spirituous or intoxicating liquors, or by any person who is a disturber of the peace, or who is wasting his property or earnings and means of supporting himself and family, or by any person under lawful age.
(b)
Every such licensed person violating either of the provisions of this section shall be deemed the keeper of a disorderly house and shall be fined fifty dollars ($50.00), one-half thereof to the use of the town and one-half thereof to the use of the state.
(Code 1967, § 19-10)
State Law reference— Similar provisions, G.L. 1956, § 5-24-4.
Sec. 11-31. - Playing music on radio or juke boxes during certain hours.#
No person granted a license under this article shall permit music produced by radio or mechanical music boxes to be played on the licensed premises between the hours of 12:00 midnight and 9:00 a.m. at any time without first having obtained permission of the town council to play such music within such restricted hours.
(Code 1967, § 19-11)
Secs. 11-32—11-50. - Reserved.#
DIVISION 2. - LICENSE#
Footnotes:
--- (3) --- State Law reference— Authority of town to require license, G.L. 1956, § 5-24-1.
Sec. 11-51. - Required.#
No person shall open or keep open any tavern, victualling house, cookshop, oyster house or oyster cellar within the town without first obtaining a license from the town council to do so.
(Code 1967, § 19-4)
Sec. 11-52. - Fees.#
The annual fee for any license required under this article and issued within the dates noted below if issued to a tavern, victualling house, cookshop, oyster house and oyster cellar shall be as follows:
12/01/05—11/30/06 .....$60.00
12/01/06—11/30/07 .....70.00
12/01/07—11/30/08 .....80.00
12/01/08—11/30/09 .....90.00
12/01/09—11/30/10 .....100.00
(Code 1967, § 19-5; Ord. of 4-9-91(1); Ord. of 4-12-2005)
State Law reference— Authority of town council to set license fee, G.L. 1956, § 5-24-1(a).
Sec. 11-53. - Contents; term.#
Every license issued under the provisions of this article shall specify the person licensed, the business licensed, and the building or room in which the same shall be pursued, and shall continue and be in force until December 1 following the date of issue, unless sooner revoked for cause.
(Code 1967, § 19-6)
State Law reference— Similar provisions, G.L. 1956, § 5-24-2.
Sec. 11-54. - Regulations and restrictions.#
Licenses issued under the provisions of this article shall be subject to such regulations and restrictions as the town council may from time to time make and prescribe.
(Code 1967, § 19-7)
Sec. 11-55. - Doing business without license or in unauthorized place.#
Every person in the town who shall open or keep open any tavern, victualling house, cookshop, oyster house or oyster cellar without first obtaining a license from the town council, or in any place other than that specified in such license, shall be fined fifty dollars ($50.00) for each offense, one-half thereof to the use of the town and one-half to the use of the state.
(Code 1967, § 19-8)
State Law reference— Similar provisions, G.L. 1956, § 5-24-3.
Sec. 11-56. - Withdrawal and annulment.#
In case any person licensed under the provisions of this article shall be convicted of keeping a disorderly house, the town council shall forthwith withdraw and annul his license; and he shall not be licensed during the two (2) years next following this conviction.
(Code 1967, § 19-9)
State Law reference— Similar provisions, G.L. 1956, § 5-24-5.
Sec. 11-57. - Alcohol serving training program certification required.#
(a)
At the time of renewal of all class A, BV, BVL, C, D, F1 and F liquor licenses, all management and employee personnel of all liquor establishments, within the town, shall have taken and been certified as having completed an alcohol serving training program, administered by an appropriate and recognized agency. Persons currently so certified will be required to maintain their certification. Any new employees or license holders shall be required to have completed such a course within three (3) months of employment, license award or transfer.
(b)
Failure of a license holder to provide evidence of completion of such a training program shall result in the establishment being closed until the certificate is provided. An extension of time to allow for certification may be granted by the board of license commissioners.
(Ord. of 9-12-95, §§ 1, 2)
Editor's note— An ordinance adopted Sept. 12, 1995, §§ 1, 2, requiring certification of completion of the alcohol serving training program, did not specify manner of codification; hence, designation as § 11-57 was at the editor's discretion.
Sec. 11-58. - Alcoholic beverages, taverns and victualling houses.#
(a)
The Town of Warren shall require the payment of an annual fee for any liquor license issued by the town.
(b)
The annual fee for any license required under this article issued within the dates noted below if issued for a class A, BV, BVL, C, D, and T are as follows:
Class A 12/01/05—11/30/06 .....$550.00
12/01/06—11/30/07 .....600.00
12/01/07—11/30/08 .....650.00
12/01/08—11/30/09 .....700.00
12/01/09—11/30/10 .....750.00
Class BV 12/01/05—11/30/06 .....$725.00
12/01/06—11/30/07 .....800.00
12/01/07—11/30/08 .....875.00
12/01/08—11/30/09 .....950.00
12/01/09—11/30/10 .....1,025.00
Class BVL 12/01/05—11/30/06 .....$275.00
12/01/06—11/30/07 .....300.00
12/01/07—11/30/08 .....325.00
12/01/08—11/30/09 .....350.00
12/01/09—11/30/10 .....375.00
Class BT 12/01/05—11/30/06 .....$825.00
12/01/06—11/30/07 .....900.00
12/01/07—11/30/08 .....975.00
12/01/08—11/30/09 .....1,050.00
12/01/09—11/30/10 .....1,125.00
Class C 12/01/05—11/30/06 .....$440.00
12/01/06—11/30/07 .....480.00
12/01/07—11/30/08 .....520.00
12/01/08—11/30/09 .....560.00
12/01/09—11/30/10 .....600.00
Class D 12/01/05—11/30/06 .....$440.00
12/01/06—11/30/07 .....480.00
12/01/07—11/30/08 .....520.00
12/01/08—11/30/09 .....560.00
12/01/09—11/30/10 .....600.00
Class T 12/01/05—11/30/06 .....$275.00
12/01/06—11/30/07 .....300.00
12/01/07—11/30/08 .....325.00
12/01/08—11/30/09 .....350.00
12/01/09—11/30/10 .....375.00
(Ord. of 4-12-2005)
Sec. 11-59. - Class B, C, or D license cancellations.#
Whenever it comes to the attention of the town council that the holder of a class B, C or D license has abandoned the premises from which the licensee has been conducting his or her business or has ceased to operate under the license for a period of ninety (90) days or more, then after hearing with due notice to the licensee the town council, sitting as the local licensing authority, may cancel the license; provided that the local licensing authority may grant a reasonable period of time, not to exceed one (1) year, to the licensee within which to reestablish the business where the abandonment or cessation of operating was due to illness, death, condemnation of business premises, fire or other casualty.
(Ord. No. O-1, 11-10-2008)
Sec. 11-60. - Consumption of alcoholic beverages on or within non-licensed establishment.#
It shall be unlawful for any person to consume alcoholic beverages from any type of a container while on or within the premises of a restaurant, victualling house, or any establishment engaged in the business of preparing food for consumption either on the premises or for take-out that has not been issued a valid liquor license by the town council.
(Ord. No. O-2, 8-14-2007)