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52

Chapter 2.5 - ALCOHOLIC BEVERAGES

Part of the Code of Ordinances of West Warwick, RI.

Local law · Updated October 21, 2025 · 1,422 sections

The text

ARTICLE I. - IN GENERAL#

Secs. 2.5-1—2.5-18. - Reserved.#

ARTICLE II. - LICENSES#

Sec. 2.5-19. - Licensing board.#

(a)

Established. Alcoholic beverage or liquor licenses within the city shall be issued, governed, controlled and regulated by the town council acting as the town licensing board in accordance with G.L. 1956, ch. 3-5.

(b)

Issuance and revocation. The board shall have the authority to approve, issue, renew, transfer, suspend or revoke any and all alcoholic beverage licenses under its control within the town and may also from time to time reduce or increase the number of classes of licenses in each category as shall be authorized and empowered by state law.

(c)

Meetings, hearings, rules and records. The board shall meet as part of the regularly scheduled meeting of the town council in a section of the agenda specifically designated for such meeting or at such time and in such place as determined by the board and duly noticed according to the Rhode Island Open Meetings Law. Notwithstanding the provisions of the Rhode Island Open Meetings Law, all meetings of the board shall be open to the public and news media at all times. Except as provided herein, the conduct of the meetings of the board shall be governed by Robert's Rules of Order. The board shall keep proper and accurate records which shall be in conformity with the provisions of the Rhode Island Public Records Act.

(Code 1970, § 2.5-21; Ord. of 1-11-1994, art. I)

Sec. 2.5-20. - License fees.#

The fee to be paid to the town for the issuance of liquor licenses shall from time to time be set by resolution of the town council.

(Code 1970, § 2.5-23; Ord. of 1-11-1994, art. III; Res. No. 99-149, 6-1-1999; Ord. No. 2013-46, 10-1-2013)

Sec. 2.5-21. - License applications.#

(a)

Application. An application form must be obtained from the town clerk, who shall serve as the clerk of the licensing board (hereinafter referred to as "clerk"). Such application shall be fully completed and returned to the clerk together with all application processing documentation and the required fee.

(b)

Completed application.

(1)

General requirements.

a.

An application for a liquor license must contain an exact description of the premises to be licensed, sufficient to identify the specific location within the building and/or property grounds where liquor is to be served, and shall include within the application a site plan of the location to be licensed and a landscaping plan of the grounds and property surrounding the licensed premises. The area to be licensed shall be clearly delineated as well as the seating area, serving areas, exits and associated parking.

b.

The building official and the fire chief shall inspect the premises and issue findings to the town council on the status of the premises. The applicant shall, before being issued a license or a renewal, correct any violations of the building, electrical, plumbing and fire codes which may exist locally or statewide.

c.

The chief of police of the town shall review the completed application and make his report and/or recommendations to the board prior to hearing on the application.

d.

Applications for liquor licenses, when appropriate, must contain a letter from the building official attesting to the conformity of the proposed location with applicable zoning regulations as well as conformity with the requirements of applicable General Laws. All applications shall also include current copies of certifications from a state-approved alcohol server training program for all persons who sell or serve alcoholic beverages, anyone serving in a supervisory capacity over those who sell or serve alcoholic beverages, anyone whose job description entails the checking of identification for the purchase of alcoholic beverages and valet parking staff.

(2)

Class A and B licenses. In addition, the following must be attached to applications for a Class A or B license:

a.

A certified copy of articles of incorporation, if a corporation, and a certificate of good standing issued by the secretary of state; and if a partnership, a copy of the partnership agreement and/or any documents pertinent thereto;

b.

A tax certificate issued by the state division of taxation;

c.

A tax certificate issued by the treasurer/tax collector for the town;

d.

A state health department certificate;

e.

A copy of the menu to be utilized by the licensee at the premises.

(3)

Class D licenses. In addition, the following must be attached to applications for a Class D license: The charter of the club applying for said license, whether it is a social, political or other private club of any nature, which charter sets forth, among other things, its notices of meetings and the manner of distribution of its funds.

(4)

Class F licenses. In addition, the following must be attached to an application for a Class F license: Proof of the organization's status as a Rhode Island nonbusiness corporation, religious organization or political organization.

(c)

Incomplete application. Applications not containing all necessary and pertinent information as required within the application and these rules and regulations shall be returned by the clerk to the applicant until the necessary, required and appropriate information and documentation has been received in full.

(d)

Notice of application. Notice of application must be given in accordance with state law to all owners of property within 200 feet of the place of business seeking the application by regular mail. The notice is to be given by the clerk on behalf of the board and the cost thereof shall be paid by the applicant. The notice must state that remonstrants have a right to be heard and state the time and place of the hearing on the application. Written notice need not be given for temporary licenses, Class F, P and G licenses, or the temporary seasonal expansion of an existing liquor license. The board must advertise the hearing time, date and place in a newspaper of general circulation serving the town once a week for two weeks. Applications for retailer's Class F, P and G licenses need not be advertised. The advertisement shall contain the name of the applicant and a description by street and number or other plain designation of the particular location for which the license is requested. The initial advertisement must appear at least 14 days before the date of the scheduled hearing. The cost of the advertisement shall be paid by the applicant.

(e)

Advertising. The board must advertise the hearing time, date and place in a newspaper of general circulation serving the town once a week for two weeks. This requirement does not apply to temporary licenses. The initial advertisement must appear at least 14 days before the date of the scheduled hearing. The cost of the advertisement shall be paid by the applicant.

(f)

Basis for denial. License applications may be denied by the licensing board for any of the following reasons:

(1)

All available licenses authorized under the limits established by these rules and regulations have been issued and no license is currently available.

(2)

Objection is made by owners of the greater part of the area within 200 feet of the premises where a Class BV or BVL license is to be issued (G.L. 1956, § 3-7-19). If the owners of the majority of this area object, then the board is without authority to issue the license. The area within 200 feet of the premises means the area within a line 200 feet in distance from every side of the proposed premises.

(3)

Objection is made by owners of less than the greater part of the area within 200 feet of the premises where the license is to be issued. The board has discretionary authority to either issue or deny the license.

(4)

Premises are located within 200 feet of a public, private or parochial school or place of public worship (G.L. 1956, § 3-7-19). The 200-foot measurement shall be made from that point of the proposed licensed place closest to the nearest improved point of the school or place of public worship.

(5)

The board has general discretionary authority to deny a license based upon criteria which it has established and fairly applies as well as a violation of any of the rules and regulations as herein promulgated. The following criteria have been established by the board:

a.

Compliance with all town ordinances and board rules, regulations, policies and procedures.

b.

Citizen reaction to the application.

c.

Proximity of location to residential areas, commercial districts, schools, churches and other establishments licensed for the sale of alcoholic beverages.

d.

Impact on traffic and parking.

e.

Impact on existing municipal services and requirements, if any, for new municipal services.

f.

Impact on public safety, health and welfare.

g.

Whether a license will be a major component of the business or an auxiliary use to an eating establishment.

h.

The history of operations at the premises for which a license is requested.

i.

Proportion of unsupervised patrons under 21 years of age.

j.

Effect on neighborhood real estate values.

k.

The performance of a criminal background investigation check of each applicant by the police department.

l.

Qualification of the applicant to hold and operate the license.

m.

Such other health and safety factors as individual applications may present.

(6)

Failure of an applicant to comply with the requirements of General Laws, including, but not limited to:

a.

G.L. 1956, § 3-5-10: Residence requirements of licensees and qualifications of persons and corporations as licensees.

b.

G.L. 1956, § 3-5-21: Breach by the holder of the license of the conditions on which it was issued, violation by the holder of the license of any rule or regulation applicable, breach of any provisions of G.L. 1956, ch. 3-5, operating in any manner inconsistent with the license, or in any manner consistent with another class license without first coming before the board for a new license application, or any fraudulent act or material misrepresentation made by an applicant for a license or a licensee, including, but not limited to, any misrepresentation of information upon which the licensing board reasonably relies in rendering any decision concerning a license, licensee, or establishment.

c.

G.L. 1956, § 3-5-23: Permitting the house or place where the licensee is licensed to sell beverages to become disorderly as to annoy and disturb the persons inhabiting or residing in the neighborhood, or permitting any gambling or unlawful gaming to be carried on in the neighborhood, or permitting any state law or this chapter to be violated in the neighborhood.

d.

G.L. 1956, § 3-5-29: Assigning, renting, leasing, or letting the license, except as provided in G.L. 1956, § 3-5-19.

(g)

Notice of suspension or revocation. Prior to the revocation or suspension of a license, the board shall send notice by mail to the licensee and give the licensee the opportunity to show cause why the license should not be suspended or revoked. The notice shall provide:

(1)

The factual basis for the revocation or suspension.

(2)

The date on which the show cause hearing is to be held.

(Code 1970, § 2.5-24; Ord. of 1-11-1994, art. IV; Ord. No. 2009-11, 10-6-2009; Ord. No. 2019-8, 9-3-2019)

Sec. 2.5-22. - License renewal application.#

(a)

All licenses, except Class F and F-1 licenses, shall be renewed on or before December 1 of each year in accordance with these rules and regulations and state law.

(b)

License renewal applications shall be submitted on the same application form as an original application, except that the application shall indicate that it is a renewal application. The license renewal application must be submitted by October 1 to allow time for processing and advertising. Failure to submit a timely license renewal application shall be grounds for denying renewal of the license.

(c)

A nonrefundable processing fee as determined by resolution by the town council from time to time shall be submitted with each application for renewal or a new license (G.L. 1956, § 3-7-6). The full license fee will be due and payable upon approval and delivery of the license.

(d)

Failure of the board to act on a license renewal application timely submitted and fully completed and executed shall cause the existing license to be extended until such time as the board acts on the application (G.L. 1956, § 42-35-14).

(e)

Except as otherwise provided in this section, the holder of a license is entitled to have the license renewed, provided:

(1)

The license renewal application is completed and timely submitted by October 1.

(2)

The applicant meets all the criteria for issuance of the initial license.

(3)

The board may refuse to renew the license for cause. Cause shall include, but is not limited to:

a.

One or more incidents of disorderly conduct within the licensed premises, or without the licensed premises if the conduct can be shown to have its genesis within the premises;

b.

Failure to comply with state and local health and safety laws, codes, ordinances, rules and regulations;

c.

Failure to comply with state and local alcoholic beverage laws, codes, rules and regulations;

d.

Delinquency of the applicant in payment of municipal taxes and user fees due the town or any of its enterprise entities;

e.

Failure to furnish a tax certificate from the state division of taxation.

(4)

The licensing board, upon its own motion or upon the petition of a license holder or transferee who has filed an application for transfer of the license, if it is satisfied that the grounds which caused the imposition of the condition no longer exist, may, in its sole discretion, order its removal or modification.

(f)

Notice. It shall not be necessary to provide notice by mail for abutting landowners for license renewals.

(g)

Advertisement. The license renewal application shall be advertised in a newspaper of general circulation in the town. The advertisement shall provide the date and time of the meeting at which the renewal application shall be considered. The cost of the advertisement shall be paid by the applicant.

(Code 1970, § 2.5-25; Ord. of 1-11-1994, art. V; Ord. No. 2019-8, 9-3-2019)

Sec. 2.5-23. - License relocation or transfer.#

(a)

The licensing board may permit a license to be used at any other place within the town limits or, in its discretion, permit the license to be transferred to another person, subject to the following:

(1)

Notice of application of relocation must be treated simply as a new application in a new location.

(2)

In case of the death of any licensee, the license becomes part of the personal estate of the deceased.

(3)

A new bond shall be given upon relocation or transfer of the license.

(4)

Class D, F and F-1 licenses are not transferable.

(5)

The holders of any retail Class A licenses within the town issuing or transferring a Class A license have standing to be heard before the board.

(b)

No transfer to another business shall be permitted unless a certificate of good standing is issued by the state division of taxation indicating all state taxes have been paid.

(c)

The licensing board shall, before permitting the change or transfer, give notice of the application for the change or transfer in the same manner as is provided in this chapter for original license applications, except that notice by mail need not be made in the case of a transfer of a license without relocation.

(d)

For transfers of licenses, indebtedness of the licensee incurred in the operation of the licensed premises shall be paid to or released by an objecting creditor before the issuing body permits the transfer. If the amount of indebtedness is disputed, the licensing board may, in its discretion, permit the transfer upon statement of the licensee, under oath, that the claim of indebtedness is disputed and that the statement of dispute is not interposed for the purpose of inducing transfer of the license. No creditor may object to the transfer of a license by a receiver, trustee in bankruptcy, assignee for the benefit of creditors, executor, administrator, guardian or by any public officer under judicial process.

(e)

The licensing board, upon its own motion or upon the petition of a license holder or transferee who has filed an application for transfer of the license, if it is satisfied that the grounds which caused the imposition of the condition no longer exist, may, in its sole discretion, order its removal or modification.

(f)

The board has general discretionary authority to deny relocations or transfers of a license based upon the same criteria which it has established for issuance of an original license, balancing these criteria with due consideration for the existing license holder's financial interest in the license.

(g)

The board shall apply the following criteria for relocation applications:

(1)

Compliance with all town ordinances and rules and regulations of the board;

(2)

Citizen reaction to the application;

(3)

Proximity of location to residential areas, commercial districts, schools, churches and other establishments licensed for the sale of alcoholic beverages;

(4)

Impact on traffic and parking;

(5)

Impact on existing municipal services and requirements, if any, for new municipal services;

(6)

Whether a license will be a major component of the business at the new location or an auxiliary use to an eating establishment;

(7)

Impact on public safety, welfare and health;

(8)

History of the operation at both the old premises and the new premises for which a license is requested;

(9)

The anticipated portion of unsupervised patrons under 21 years of age at the new location;

(10)

Effect on neighborhood real estate values.

(h)

For transfer applications, the licensing board criteria shall be the qualifications of the transferee to hold and operate the license, the licensee's compliance with all town ordinances, rules and regulations, and such other public health and safety factors as each individual application may present.

(Code 1970, § 2.5-26; Ord. of 1-11-1994, art. VI)

Sec. 2.5-24. - License restrictions.#

(a)

The board shall have the authority to impose reasonable restrictions upon a license, whether newly issued, renewed, transferred or relocated, provided the restrictions are designed to promote the reasonable control of alcoholic beverages.

(b)

After a hearing, the licensing board may impose such other or further conditions upon a license holder or transferee which may be necessary to promote the reasonable control of alcoholic beverages within the town or to protect the health, safety and welfare of the inhabitants of the community.

(c)

General rules. The licensing board for the town, in order to promote the reasonable control of alcoholic beverages within the community, hereby enacts the following conditions governing liquor licenses heretofore and hereafter issued, transferred or renewed within the town. These conditions shall supplement all other applicable local and state laws, regulations, rules and requirements governing liquor licenses:

(1)

A license must be posted in plain view and shown to any authorized person on demand. In addition, the licensee shall post the name of the manager or person in charge of the licensed premises in plain view with the license at all times.

(2)

The holder of a Class B license shall post in a conspicuous and visible area a copy of the current menu utilized by the holder of the Class B license, which menu shall be visible to patrons prior to entering the premises.

(3)

The licensee shall designate the name and home address of two individuals, as representatives of the licensee, who shall be contacted by the police department or other safety office within the town, in the event of a complaint or other emergency.

(4)

A telephone and a sufficient number of restroom facilities, accessible to patrons and in good working order, must be maintained by all holders of Class BV, BVL, D and F licenses on the main floor within each licensed establishment.

(5)

The licensee shall not allow the admittance of any person which would constitute overcrowding within the premises, based upon the seating capacity restrictions for the licensed premises.

(6)

No alcoholic beverages shall be sold, served or dispensed after the legal closing hour. Pursuant to G. L. 1956, § 7-7-7, the board establishes the following times for the dispensing of Class B alcoholic beverages: 6:00 a.m. to 1:00 a.m. The hours for dispensing and serving alcoholic beverages by holders of Class F licenses shall be governed by G. L. 1956, §§ 3-7-14 and 3-7-14.1.

(7)

Consumption of alcoholic beverages is allowed only on the licensed premises and is prohibited from the parking area of a Class B, D or F license holder.

(8)

No patron shall be admitted on the premises after the legal closing hour.

(9)

All patrons shall leave the licensed premises within one-half hour after the legal closing hour.

(10)

All employees shall leave the licensed premises within two hours after the required closing time. However, the owner and/or general manager or bond fide employee of any establishment may remain on the premises for a period of no longer than two hours after the legal closing hour for the purpose of cleanup and maintenance. The owner and/or general manager or bona fide employee may enter or be in an establishment at any time for legitimate business purposes; provided, however, that the owner or general manager must first inform the police of his entering the licensed premises. Management and bona fide employees may not consume, dispense or open alcoholic beverages or beverage containers after the legal closing hour. No employee shall be allowed on the premises for maintenance purposes earlier than two hours before the legal opening, and during this period there shall be no consumption or dispensing of alcoholic beverages.

(11)

In the event of extenuating circumstances, the licensee may request an extension of time from the commanding officer on duty at the town police department. Such an extension, if granted, shall be for a specified time period.

(12)

Notwithstanding the above, routine, periodic services such as duct cleaning and carpet shampooing, the performance of which are outside the above stated hour restrictions, shall require the permission of the chief of police or his designee at least 48 hours in advance of the services. Such request shall be submitted in writing. Any emergency services shall be permitted with the permission of the police department, however, a written explanation of the incident shall be submitted to the chief of police within 24 hours after the incident.

(13)

In all events, no person, other than an owner, manager, authorized employee, police and enforcement personnel shall be admitted to the premises after the required closing time.

(14)

Each license holder shall have available for production upon request of an authorized public safety official a list of all management and employees authorized to be within the establishment after the legal closing hours during cleaning hours. Such list shall be conveniently available to all full-time and part-time management personnel for production, upon request. Such listing shall be maintained and updated every 90 days or immediately upon a change in employees, whichever shall first occur.

(15)

At all times while the premises are occupied, police and other enforcement officials must be admitted and granted access to the entire licensed premises, including the parking lot and other areas surrounding the building. No entrance prevention device such as bolts or other methods shall be allowed during business hours for the purpose of preventing other patrons or law enforcement officials from freely entering and exiting the premises.

(16)

No licensee or any agent, servant, employee or representative thereof shall in any way interfere with the official duties or activities of any such police or other enforcement official.

(17)

The licensed premises, associated parking and outside areas and the conduct of patrons thereon and therein shall be efficiently and affirmatively supervised by the licensee so as to preclude the annoyance or disturbance of the public and persons residing in the surrounding area and to ensure that no patron, agent or employee is engaged in any unlawful activity.

(18)

Parking for the licensed premises must comply with the ordinances of the town. The owner of the premises must provide for sufficient parking. These parking requirements may be satisfied by off-street parking if valet parking is provided by the licensee.

(19)

With respect to all events and fundraisers sponsored by holders of a Class F license, the licensee will be required to have on-duty police officers for the purpose of monitoring parking and pedestrian traffic to and from the event, should such monitoring be necessary in the discretion of the chief of police.

(20)

Patrons shall not be allowed to congregate or remain in the associated parking or outside areas longer than is reasonably necessary for them to go to the licensed premises from their vehicles or to their vehicles from the licensed premises.

(21)

Patrons shall not be allowed to consume any alcoholic beverage in the associated parking areas or in any areas on the property other than the licensed premises as delineated in accordance with these rules and regulations. In no event shall alcoholic beverages, or a container for alcoholic beverages as offered by the license holder to its patrons, be permitted to be removed from the interior of the premises of the license holder.

(22)

All fights, disturbances of any nature, violence or any other violation of the law in the licensed premises or adjacent areas under the control of the licensee shall immediately be reported to the town police department by management or employees. Copies of police reports on serious repeat offenders shall be delivered to the licensing board. Such reporting by the management or employees shall be viewed positively when considering violations against the licensee.

(23)

No licensee or any agent, servant, employee or representative thereof shall in any way interfere with the official duties or activities of any police or other enforcement official. All licensees, their agents, servants, employees or representatives shall promptly identify themselves to any police or other enforcement official when requested to do so.

(24)

No licensee or any agent, servant, employee or representative thereof shall harass, either verbally or physically, any police or other enforcement official while performing his official duties on or within the licensed premises or adjacent parking lot or other areas surrounding the premises.

(25)

Live or recorded entertainment shall not be permitted on any licensed premises unless the licensee has first obtained an entertainment license in compliance with all applicable ordinances, including zoning ordinances and the zoning map.

(26)

No license holder shall permit any ordinance of the town to be violated on or within its premises by any agent, servant, employee or representative thereof.

(27)

No loud noises, music, amplified or not, or other nuisance shall be permitted to annoy and disturb nearby residents or persons on adjoining streets or sidewalks. Such noise shall include, but shall not be limited to, the disposal of trash.

(28)

Should a license be issued for a premises located within or adjacent to a residential neighborhood, then in such event the licensee may be required to provide sound-screening to the premises in order to avoid noise disturbances within the residential neighborhood. In addition, the landscaping in the area of the licensed premises shall be maintained in conformity with the surrounding landscaping of the residential neighborhood.

(29)

Upon repeated complaints by neighbors, license holders shall be required to keep all doors and windows closed year-round, and shall provide appropriate ventilation and air-controlling devices necessary to maintain such closed doors and windows.

(30)

Parking areas and other outside areas associated with and used by the patrons and/or workers of the licensed premises shall be kept clean and free of litter and debris.

(31)

The licensed premises shall comply with all zoning ordinances, including, but not limited to, all ordinances of the town pertaining to signs. In particular, the exterior of the licensed premises shall not contain neon signs of any type or kind; window signs shall be limited and shall take up a space of no more than a total of ten percent of the total window area and shall first be approved by the licensing board; there shall be no signs placed above the cornice or roofline; nor shall any inflatable symbols or structures, permanent or temporary, in connection with outdoor promotional advertising be permitted upon the licensed premises.

(32)

The licensing board may, if it deems reasonable and necessary for public health and safety, require a license holder, at its own expense, to provide security personnel and/or off-duty police officers at the licensed premises during certain specified times.

(33)

Holders of licenses issued by the licensing board of the town must notify the board through the town clerk within 60 days of any of the following changes occurring in the business of the licensee:

a.

If a partnership: any change in the partnership agreement, oral or written, whereby any interest, financial or otherwise, in the business is given to any person, firm or corporation not mentioned in the license application.

b.

If a corporation having less than 25 stockholders:

1.

Any pledge, transfer or contract to pledge or transfer stock of the licensed corporation to a person, firm or corporation not mentioned in the application for a license.

2.

All newly elected officers or directors must be reported to the town council within 30 days.

3.

Any acquisition by any person of more than ten percent of any class of corporate stock must be reported within 30 days.

4.

Notice of any transfer of 50 percent or more of any class of corporate stock (whether such transfer takes place at one time or over the course of a year) shall be made to the licensing board of the town only by written application to the board, subject to the procedures for a transfer of license.

(34)

All management of the licensee and all persons who sell or serve alcoholic beverages, anyone serving in a supervisory capacity over those who sell or serve alcoholic beverages, anyone whose job description entails the checking of identification for the purchase of alcoholic beverages, and valet parking staff shall be required to attend an alcohol server training program approved by the department of business regulation prior to commencement of serving alcoholic beverages and every 36 months thereafter. The licensee shall be required to produce certification of attendance for all said persons to the chief of police within 60 days of hire. Copies of said certification shall be kept on the premises and be available for inspection at any time by the chief of police or his designees.

(35)

In addition to the provisions as set forth in section 2.5-25, the license holder shall not allow minors to loiter in or around the premises. The license holder shall not permit the serving of alcoholic beverages to minors, nor shall he permit the serving of alcoholic beverages to persons who are intoxicated and in the licensee's judgment cannot reasonably be expected to be responsible for their own safety and the safety of others.

(36)

The licensee shall not allow minors to be seated or dine in the area of the licensed premises designated as the bar area.

(37)

Any attempt to utilize false identification must be immediately reported to the police.

(38)

All license holders must strictly comply with the conditions pertaining to minors. In addition to penalties as mandated by state law and as set forth in section 2.5-25, violations shall be considered cause for immediate suspension or revocation of the license.

(39)

The licensee shall review the rules and regulations set forth in these conditions with all employees, agents, servants and representatives thereof.

(40)

Such restrictions and regulations shall be acknowledged by the license holder upon issuance of the license or any renewal thereof and shall be binding upon all persons to whom the license is transferred. Such licensee shall be bound and responsible for adherence hereto by all his employees, agents or assignees.

(Code 1970, § 2.5-27; Ord. of 1-11-1994, art. VII; Res. No. 210, 8-3-1999; Ord. No. 2009-12, 10-6-2009)

Sec. 2.5-25. - Penalty for serving minors.#

(a)

Pursuant to G.L. 1956, § 3-8-10, no alcoholic beverages shall be sold to any person under the age of 21 years at the time of the purchase. All owners of alcoholic beverage establishments must utilize a so-called "minor's book" to register any individual purchasing or consuming alcoholic beverages whose appearance shall, to a prudent person, seem to raise doubt as to the veracity of a claim of being 21 years of age. Any attempt to utilize a false identification must be reported immediately to the police department. Minors shall not be permitted to loiter on or around the premises.

(b)

Possession of alcoholic beverages by minor prohibited. No person under 21 years of age shall have in his possession any alcoholic beverage.

(c)

In addition to those penalties as established by G.L. 1956, §§ 3-8-5 and 3-8-11.2, the following are minimum penalties for serving and/or selling to a minor (under the age of 21 years):

(1)

Minor books produced as evidence which show regular, continuous and diligent use; and the licensee and/or employee have earned the server training certificate:

a.

First offense of serving a minor: Warning on record.

b.

Second offense (within two years of serving a minor): Three days' license suspension.

(2)

No evidence of continuous, regular or diligent use of minor books:

a.

First offense of serving a minor: Three days' license suspension.

b.

Second offense (within three years of serving a minor): Six days' license suspension.

(Code 1970, § 2.5-28; Ord. of 1-11-1994, art. VIII)

Sec. 2.5-26. - Penalties, general.#

Notwithstanding any penalties as established by General Laws, and in addition to the suspension or revocation of the liquor license, as set forth herein, any applicant who violates the provisions of the rules, regulations and conditions/restrictions as contained herein may be assessed a penalty in a sum not to exceed $500.00 for a first offense and a sum not to exceed $1,000.00 for any subsequent offense. Pursuant to G.L. 1956, § 3-5-21, any offense committed by a licensee three years after a previous offense shall be considered a first offense.

(Code 1970, § 2.5-29; Ord. of 1-11-1994, art. IX)