TITLE 5
Businesses and Professions
CHAPTER 5-23
Holiday Business
SECTION 5-23-2
§ 5-23-2 Licenses for holiday business.
(a) A retail establishment may be open on any day of the year except as
specifically prohibited herein. A retail establishment shall not be open on a
holiday unless licensed by the appropriate town council pursuant to this
section. The city or town council of any city or town shall grant holiday
licenses for the sale by retail establishments. No license shall be issued on
December 25 of any year or on Thanksgiving Day, except to:
(1) Pharmacies licensed under chapter 19.1 of this title;
provided, however, that no drug (as defined in § 5-19.1-2) or controlled
substance (as defined in § 5-19.1-2) requiring a prescription (as defined
in § 5-19.1-2) shall be dispensed or sold unless a licensed
pharmacist-in-charge (as defined in § 5-19.1-2) is available on the
premises;
(2) Retail establishments which principally sell food
products as defined in § 44-18-30(9) and which employ fewer than six (6)
employees per shift at any one location;
(3) Retail establishments principally engaged in the sale of
cut flowers, floral products, plants, shrubs, trees, fertilizers, seeds, bulbs,
and garden accessories;
(4) Retail establishments principally engaged in the sale
and/or rental of video cassette tapes; and
(5) Retail establishments principally engaged in the
preparation and/or sale of bakery products.
(b) Retail establishments licensed pursuant to this section
may be permitted to open for business during holidays on their normal business
working hours.
(c) Retail establishments licensed pursuant to this section
shall be exempt from the provisions of chapter 1 of title 25, entitled
"Holidays and Days of Special Observance", and those establishments may sell
any and all items sold in the ordinary course of business with the exception of
alcoholic beverages.
(d) All employees engaged in work during Sundays or holidays
pursuant to the provisions of this section shall receive from their employer no
less than time and a half for the work so performed and shall be guaranteed at
least a minimum of four (4) hours employment; except those employees referred
to in § 28-12-4.3(a)(4), provided that the work performed by the employee
is strictly voluntary and refusal to work for any retail establishment on a
Sunday or holiday is not a ground for discrimination, dismissal, or discharge
or any other penalty upon the employee. The city or town council may fix and
cause to be paid into the city or town treasury for each license issued
pursuant to this section a fee not to exceed the sum of one hundred dollars
($100) and may fix the time or times when the license granted terminates;
provided, that the city or town council shall not charge a licensing fee to any
charitable, benevolent, educational, philanthropic, humane, patriotic, social
service, civic, fraternal, police, fire, labor, or religious organization which
is not operated for profit.
(e) Retail establishments engaged principally in the
preparation and/or sale of bakery products and pharmacies shall be licensed
prior to the sale of those products in accordance with this section; provided,
that the time and one half and voluntary work provisions do not apply.
(f) Each city or town council shall fix, limit and specify
those rules, regulations, and conditions relating to the granting, holding and
exercising those licenses as it deems necessary or advisable and as are not
inconsistent with law, and may suspend or revoke any license granted by it for
more than two (2) violations of those rules, regulations, and conditions,
during a calendar year.
(g) Each city or town shall grant Class A licenses
authorizing retail establishments which sell alcoholic beverages for
consumption off of the premises within its jurisdiction to sell on Sundays,
alcoholic beverages in accordance with the terms of this chapter and that of
title 3 of the general laws, provided that it shall not permit such sale prior
to the hour of twelve noon (12:00 p.m.) or on Christmas day, if Christmas shall
occur on a Sunday; provided further, that no employee shall be required to work
and refusal to work on a Sunday shall not be the grounds for discrimination,
dismissal, discharge, deduction of hours, or any other penalty.
History of Section.
(P.L. 1930, ch. 1566, § 1; P.L. 1930, ch. 1566, § 2; P.L. 1932, ch.
1875, § 1; P.L. 1936, ch. 2284, § 1; G.L. 1938, ch. 403, § 2;
P.L. 1950, ch. 2555, § 1; P.L. 1952, ch. 3027, § 1; G.L. 1956, §
5-23-2; P.L. 1961, ch. 186, § 1; P.L. 1962, ch. 10, § 1; P.L. 1962,
ch. 97, § 1; P.L. 1963, ch. 128, § 1; P.L. 1967, ch. 10, § 1;
P.L. 1976, ch. 169, § 1; P.L. 1982, ch. 16, §§ 2, 3; P.L. 1983,
ch. 310, § 1; P.L. 1985, ch. 513, § 1; P.L. 1986, ch. 273, § 1;
P.L. 1987, ch. 451, § 1; P.L. 1989, ch. 114, § 1; P.L. 1992, ch. 197,
§ 1; P.L. 1993, ch. 18, § 1; P.L. 1993, ch. 160, § 1; P.L. 1994,
ch. 268, § 1; P.L. 1994, ch. 271, § 1; P.L. 1996, ch. 367, § 1;
P.L. 1996, ch. 404, § 4; P.L. 1996, ch. 423, § 1; P.L. 1997, ch. 231,
§ 1; P.L. 1997, ch. 240, § 1; P.L. 1997, ch. 262, § 1; P.L.
1997, ch. 292, § 1; P.L. 1997, ch. 298, § 1; P.L. 2000, ch. 481,
§ 1; P.L. 2004, ch. 89, § 1; P.L. 2004, ch. 195, § 2; P.L. 2004,
ch. 197, § 2; P.L. 2004, ch. 229, § 1; P.L. 2004, ch. 528, § 1;
P.L. 2005, ch. 128, § 2; P.L. 2005, ch. 132, § 2; P.L. 2005, ch. 410,
§ 2.)
