[HISTORY: Adopted by the Town Council of
the Town of Coventry 11-12-1991 by Ord. No. 9-91-0181 as Ch. 8, Art. I,
Secs. 8-2 through 8-4, of the 1991 Code; amended in its entirety 8-21-2017 by Ord. No. 05-17-317. Subsequent amendments noted where applicable.]
[Amended 2-25-2019 by Ord. No. 01-19-325; 10-26-2020 by Ord. No. 11-20-338]
A.
The issuance of Class C liquor licenses shall be permitted in the Town of Coventry, provided that the Council shall have the authority to issue Class C license(s) as the Town Council, in its discretion, shall deem appropriate, and subject to such conditions and limitations, including a limit on the number of such Class C licenses it shall issue, as the Town Council may deem necessary to protect the public health, safety and welfare, provided that such licenses shall be issued subject to R.I.G.L. § 3-7-8, as the same shall be amended from time to time and provided further that such Class C licenses shall be subject to § 89-9 of the Code of Ordinances of the Town of Coventry.
B.
Any holder
of a Class C license may, upon the approval of the Town Council, and
for the additional payment of $200, sell or serve beverages on Fridays
and Saturdays and the night before legal state holidays until 1:00
a.m. All requests for a 1:00 a.m. license shall be advertised, at
the applicant's expense, by the Town Council in a newspaper with a
general statewide circulation or having a general circulation in the
town of Coventry.
All persons keeping, maintaining or in any way in charge of
any shop, saloon, victualling house, tavern, bar place of resort,
including the holders of a liquor license, within the limits of the
Town shall close such shop, saloon victualling house, tavern, bar
or other place of resort, including any premises issued a liquor license,
not later than 1:00 a.m.
A.
All patrons shall leave the licensed premises not later than 1:20
a.m. where the licensee is permitted to remain open until 1:00 a.m.
Last call shall be at 12:45 a.m. For the purposes of this article,
"last call" shall mean the time when the customers are told they cannot
order any more alcoholic beverages, intoxicating beverages, or malt
beverages.
B.
All employees shall leave the licensed premises within one hour after
the required closing time, provided the owner or employees may enter
or be in a licensed establishment at any time for a legitimate business
purpose with notification to the local police department.
C.
The owner or employees may not consume alcoholic, intoxicating or
malt beverages on the premises after the legal closing time (1:00
a.m., unless another time is set by the local liquor licensing board)
or before the legal opening time.
D.
Other than for a legitimate business purpose, no one, other than
the owner, employees, or law enforcement personnel shall be admitted
to the licensed premises after the required closing time or before
legal opening time.
A.
Rules and regulations:
(1)
Liquor licenses must be posted in plain view and shown to any authorized
person upon demand.
(2)
A telephone in good working order must be maintained by all licensee
holders on the main floor within each licensed building.
(3)
All fights, disturbances or other violations shall be reported to
the Coventry Police Department immediately by the licensee or employees
of the licensee.
(4)
The holders of liquor licenses with victualling privileges may open
for the sale of food and nonalcoholic beverages before the allowable
time to dispense alcoholic beverages. However, any violations of liquor
privileges will be cause for immediate suspension of all license privileges.
(5)
When music is being played, whether by jukebox, disc jockey or a
live group, sound levels shall comply with the noise ordinance.
(6)
All alcohol servers shall be required to produce proof or attendance
at a nationally recognized substance abuse program upon request of
the Town Clerk or Police Department and on an annual basis thereafter.
A.
No shop, store, restaurant or other place of trade shall have any
curtain, drapery, screen or other device so placed as to obscure the
view through the window from the street or sidewalk into such shop,
store, restaurant or other place of trade while such place is open
for business. All glass in the windows of any shop, store, restaurant
or other place of trade shall be transparent.
A.
All persons, partnerships or corporations which manufacture asphalt
and/or asphalt products and/or cement and/or cement products or produce
or process firewood or mulch using raw materials from without the
property used for production or processing within the limits of the
Town shall close such operation Monday through Friday between the
hours of 7:00 p.m. and 7:00 a.m., Saturdays between the hours of 5:00
p.m. and 12:00 midnight, unless a license for extended operating hours
has been granted by the Coventry Town Council following a public hearing.
It shall be unlawful for any such asphalt or cement plant or firewood
or mulch processing or production facility to operate on Sundays.
The Town Council may permit operation outside of the above permitted
hours following a public hearing for a period not to exceed 10 days
per calendar year and notification of the Town's Police Chief at least
72 hours in advance of said operation. For purposes of this section
"operation" shall include without limitation "warming up" machinery
and queuing or loading trucks.
B.
The Town Council shall not grant such license until a public hearing
shall be published in a newspaper of general circulation in the Town
for not less than once per week for two successive weeks prior to
the day of hearing.
C.
A filing fee of $50 plus advertising fees shall be paid by the applicant
at the time of application for such license. Such licenses must be
renewed annually.
D.
The applicant shall in its application for such extended hours state
the reasons and shall include the nature of the business to be conducted
during the extended hours, the need for such extended hours, and any
restrictions to be placed on the business operation during such extended
hours to minimize the effect on other property in the neighborhood.
E.
After such hearing, the Town Council shall have the authority to
grant the license, grant the license with reasonable restrictions
as it alone shall determine, or deny said license.
F.
Any violation of the hours set forth in Subsection A of this section shall result in the violator being subject to a fine of up to $500 for a first offense, up to $1,000 for a second offense and up to $1,500 for a third and/or subsequent offense.
G.
For a third and/or subsequent offense, the Town Council, at its option,
may require the operator of said asphalt plant or cement plant, or
firewood or mulch production/processing facility to appear before
it to show cause why its license should not be suspended.
[Added 10-26-2020 by Ord. No. 10-20-337]
A.
Municipal mobile food establishment permit required. No mobile food
establishment registered with the Rhode Island Department of Business
Regulation pursuant to Title 5, Chapter 11.1 of the Rhode Island General
Laws, as amended, and any regulations promulgated thereunder, shall
operate in the Town without first having obtained a municipal mobile
food establishment permit from the Town Council. Mobile food establishments
shall not be regulated as hawkers or peddlers.
B.
Restrictions on municipal mobile food establishment permit. The qualifications
for a municipal mobile food establishment permit shall not exceed
the qualifications for a state mobile food establishment registration,
as determined by the Rhode Island Department of Business Regulation.
The fee for a municipal mobile food establishment permit shall not
exceed the maximum fee set by the Rhode Island Department of Business
Regulation and established by regulations. The municipal mobile food
establishment permit shall expire on the same day that the state mobile
food establishment registration expires. A single municipal mobile
food establishment permit shall be required to operate within the
Town, and additional permits shall not be required for operation on
more than one day and/or in more than one location in the same calendar
year.
C.
Grounds for denial, suspension, or revocation of municipal mobile
food establishment permit. The Town may deny, suspend, or revoke a
municipal mobile food establishment permit if the operation of the
registrant within the Town violates or would violate the Town's
land use regulations, zoning, or other ordinances in relation to the
operation of a mobile food establishment. The holder of a municipal
mobile food establishment permit against whom disciplinary action
is taken shall notify the Department of Business Regulation in writing
and provide documentation of such discipline within three business
days of the initiation of such disciplinary action.
D.
Number of permits granted. The maximum number of municipal mobile
food establishment permits that may be issued by the Town shall be
_____, unless changed by majority vote of the Town council.
E.
Display of municipal mobile food establishment permit. The municipal
mobile food establishment permit shall be affixed to the mobile food
establishment in a conspicuous place.
F.
Compliance with other laws and regulations. Mobile food establishments
shall comply with all applicable statutes, rules, regulations, and
policies relating to food safety, and additionally shall comply with
the fire safety code, if applicable.
G.
Electronic submission of permit applications. An application for
a municipal mobile food establishment permit may be submitted by email
or other electronic means.
H.
Permit fee. The annual fee for a municipal mobile food establishment
permit shall be $75.
I.
Permit for events proposed to be located on public property. For any event where an individual has ordered or commissioned the operation of one or more mobile food establishments at a gathering proposed to be located on public property, the organizer must obtain a separate event permit prior to the event. The fee for such a permit shall be $300. All event permits shall be issued on the condition that the organizer of the event must leave sufficient space for emergency vehicles in compliance with the Rhode Island Fire Safety Code. Applications for an event permit must be received 90 days in advance of the proposed event. Each mobile food establishment shall be responsible for obtaining a permit and paying a separate fee therefor as provided in Subsection H hereof.
J.
Temporary mass gathering permit. For any temporary mass gathering
located on private property, the organizer must obtain a separate
temporary mass gathering permit prior to the event. The fee for such
a permit shall be $300. All temporary mass gathering permits shall
be issued on the condition that the organizer of the event must leave
sufficient space for emergency vehicles in compliance with the Rhode
Island Fire Safety Code. Applications for a temporary mass gathering
permit must be received 90 days in advance of the proposed event.
For the purpose of this section, a temporary mass gathering is defined
as an actual or reasonably anticipated assembly of 500 or more people
that continues, or reasonably can be expected to continue, for two
or more hours per day; or an event that requires a more extensive
review to protect public health and safety because the event's
nature or conditions have the potential of generating environmental
or health risks. This term shall include, but shall not be limited
to, "special events" as defined in the food code regulations promulgated
by the Rhode Island Department of Health, and festivals and concerts.
This term shall not include an assembly of people at a location with
permanent facilities designed for that specific assembly.
K.
Permitting authority and procedure. The Town Council shall serve
as the permitting authority for all permit applications relating to
mobile food establishments. The Town Council shall hold a public hearing
on all applications for an event permit or a temporary mass gathering
permit.
Note: Enacted pursuant to RI Gen Laws 5-11.1-7 (P.L. 2018, ch.
80, § 2; P.L. 2018, ch. 94, § 2).
