TITLE 3
Alcoholic Beverages
CHAPTER 3-7
Retail Licenses
SECTION 3-7-7
§ 3-7-7 Class B license.
(a)(1) A retailer's Class B license is issued only to a licensed bona fide
tavern keeper or victualer whose tavern or victualing house may be open for
business and regularly patronized at least from nine o'clock (9:00) a.m. to
seven o'clock (7:00) p.m. provided no beverage is sold or served after one
o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards
may fix an earlier closing time within their jurisdiction, at their discretion.
The East Greenwich town council may, in its discretion, issue full and limited
Class B licenses which may not be transferred, but which shall revert to the
town of East Greenwich if not renewed by the holder. The Cumberland town
council may, in its discretion, issue full and limited Class B licenses which
may not be transferred to another person or entity, or to another location, but
which shall revert to the town of Cumberland if not renewed by the holder.
The Pawtucket city council may, in its discretion, issue full
and limited Class B licenses which may not be transferred to another person or
entity, or to another location, but which shall revert to the city of Pawtucket
if not renewed by the holder. This legislation shall not affect any Class B
license holders whose licenses were issued by the Pawtucket city council with
the right to transfer.
(2) The license authorizes the holder to keep for sale and
sell beverages including beer in cans, at retail at the place described and to
deliver them for consumption on the premises or place where sold, but only at
tables or a lunch bar where food is served. It also authorizes the charging of
a cover, minimum, or door charge. The amount of the cover, or minimum, or door
charge is posted at the entrance of the establishments in a prominent place.
(3) Holders of licenses are not permitted to hold dances
within the licensed premises, unless proper permits have been properly obtained
from the local licensing authorities.
(4) Any holder of a Class B license may, upon the approval of
the local licensing board and for the additional payment of two hundred dollars
($200) to five hundred dollars ($500), open for business at twelve o'clock
(12:00) p.m. and on Fridays and Saturdays and the night before legal state
holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock
(2:00) a.m. license shall be advertised by the local licensing board in a
newspaper having a circulation in the county where the establishment applying
for the license is located.
(5) A holder of a retailer's Class B license is allowed to
erect signs advertising his or her business and products sold on the premises,
including neon signs, and is allowed to light those signs during all lawful
business hours, including Sundays and holidays.
(6) Notwithstanding the provisions of subsection (a) and/or
§ 3-7-16.4, a holder of a retail class B and/or class ED license may apply
to the municipality in which such licensee is located for a permit to conduct a
so-called "Lock-In Event", under the following conditions:
(i) A "Lock-In Event" is defined as an event where a
specified group of individuals are permitted to remain in a licensed premises
after closing hours including, but not limited to, the hours of 1:00 a.m. to
6:00 a.m.
(ii) A Lock-In Event must have the approval of the municipal
licensing authority pursuant to a permit issued for each such event, subject to
such conditions as such may attach to the permit. The fee for the permit shall
be not less than fifty dollars ($50.00) nor more than one hundred dollars
($100). The granting or denial of a Lock-In Event permit shall be in the sole
discretion of the municipal licensing authority and there shall be no appeal
from the denial of such a permit.
(iii) During the entire period of any Lock-In Event, all
alcoholic beverages must be secured in place or removed from the public portion
of the premises and secured to the satisfaction of the municipality issuing the
Lock-In Event permit.
(iv) During the Lock-In Event, the establishment shall be
exclusively occupied by the Lock-In Event participants and no other patrons
shall be admitted to the premises who are not participants. It shall be a
condition of the permit that participants shall not be admitted more than
thirty (30) minutes after the permitted start time of the Lock-In Event, except
in the event of unforeseen travel delays, nor permitted to re-enter the event
if they leave the licensed premises.
(v) As part of the Lock-In Event, food shall be served.
(vi) The municipal licensing authority may, in its sole
discretion, require the presence of a police detail, for some or all of the
event, and the number of officers required, if any, shall be determined by the
municipality as part of the process of issuing the Lock-In Event permit. The
licensee shall be solely responsible for the cost of any such required police
detail.
(b) The annual license fee for a tavern keeper shall be four
hundred dollars ($400) to two thousand dollars ($2,000), and for a victualer
the license fee shall be four hundred dollars ($400) to two thousand dollars
($2,000). In towns with a population of less than two thousand five hundred
(2,500) inhabitants, as determined by the last census taken under the authority
of the United States or the state, the fee for each retailer's Class B license
shall be determined by the town council, but shall in no case be less than
three hundred dollars ($300) annually. If the applicant requests it in his or
her application, any retailer's Class B license may be issued limiting the sale
of beverages on the licensed premises to malt and vinous beverages containing
not more than twenty percent (20%) alcohol by volume, and the fee for that
limited Class B license shall be two hundred dollars ($200) to one thousand
five hundred dollars ($1,500) annually. The fee for any Class B license shall
in each case be prorated to the year ending December 1 in every calendar year.
(1) Upon the approval and designation of a district or
districts within its city or town by the local licensing board, the local
licensing board may issue to any holder of a Class B license or a Class ED
license, an extended hours permit to extend closing hours on Thursdays, Fridays
and Saturdays, the night before a legal state holiday or such other days as
determined by the local board, for one hour past such license holder's legal
closing time as established by the license holder's license or licenses
including, but not limited to, those issued pursuant to subdivision (4) hereof.
The extended hours permit shall not permit the sale of alcohol during the
extended one-hour period and shall prohibit the admittance of new patrons in
the establishment during the extended one-hour period. The designation of such
district(s) shall be for a duration of not less than six (6) months. Prior to
designating any such district, the local licensing authority shall hold a
hearing on the proposed designation. The proposed designation shall include the
boundaries of the proposed district, the applicable days for the extended
hours, and the duration of the designation and the conditions imposed. The
proposed designation shall be advertised at least once per week for three (3)
weeks prior to the hearing in a newspaper in general circulation in the city or
town. The city or town will establish an application process for an extended
hours permit for such license holder and may adopt rules and regulations to
administer the permit.
History of Section.
(P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch.
2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1939, ch. 659, § 2;
P.L. 1940, ch. 814, § 1; P.L. 1941, ch. 1037, § 1; P.L. 1970, ch.
197, § 1; P.L. 1971, ch. 153, § 1; P.L. 1975, ch. 71, § 1; P.L.
1976, ch. 22, § 1; P.L. 1977, ch. 225, § 1; P.L. 1978, ch. 338,
§ 1; P.L. 1981, ch. 408, § 1; P.L. 1982, ch. 257, § 1; P.L.
1995, ch. 244, § 1; P.L. 1995, ch. 301, § 1; P.L. 2003, ch. 376, art.
7, § 11; P.L. 2004, ch. 237, § 1; P.L. 2004, ch. 410, § 1; P.L.
2008, ch. 17, § 1; P.L. 2008, ch. 82, § 1; P.L. 2008, ch. 269, §
1; P.L. 2008, ch. 318, § 1; P.L. 2009, ch. 357, § 1; P.L. 2014, ch.
158, § 1; P.L. 2014, ch. 171, § 1.)