[HISTORY: Adopted by the Town Council of the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 11-1 to 11-5 of the 1993 Code. Amendments noted where applicable.]
Adult entertainment — See Ch. 6.
Alcoholic beverage license fees — See Ch. 93.
Noise — See Ch. 152.
STATE LAW REFERENCES
Alcoholic beverages — See R.I.G.L. § 3-1-1 et seq.
Penalties for violations — See R.I.G.L. § 3-11-5.
It shall be an offense for any person who has not attained the age of 21 years to consume or have in his possession alcoholic beverages of any kind within the Town.
[Amended 1-25-2016 by Ord. No. 847]
It shall be unlawful for any person to have in his possession any open bottle, open can, drinking glass or drinking cup containing an alcoholic beverage of any kind while on any public street, public highway, public sidewalk or on any public lands in the Town, including but not limited to recreational areas and public places of assembly.
It shall be unlawful for any person to consume alcoholic beverages of any kind in the Town while on any public street, public highway or on any public lands in the Town, including but not limited to recreational areas and public places of assembly.
It shall be unlawful for any person to have in his possession any alcoholic beverages while on any lands or in any buildings owned by the Town and used for recreational or educational purposes.
Notwithstanding any other provisions of Chapter 15, the Town Council may at any time grant permission for the consumption and/or possession of alcoholic beverages on any land, including sidewalks, or in any building owned by the Town and used for recreational or educational purposes, under the terms and conditions as specified by the Town Council.
Notwithstanding any other provisions of Chapter 15, the Town Manager and Building Official may permit the expansion of a restaurant service area into sidewalks and other public areas, as set forth in § 15-9.
[Added 7-13-2020 by Ord. No. 895; amended 11-23-2020 by Ord. No. 900]
[Amended by 3-11-2002 by Ord. No. 721; 2-24-2020 by Ord. No. 892]
Any place in the Town at which the illegal consumption or possession of alcoholic beverages by persons under 21 years of age is occurring shall be declared a public nuisance. Any owner or resident of such a place who knowingly permits the illegal possession or consumption of alcoholic beverages by persons under 21 years of age shall have committed a violation of this section.
[Amended 4-26-1994 by Ord. No. 609; 8-11-1998 by Ord. No. 661]
The conditions and regulations for obtaining and maintaining a liquor license in the Town are as follows:
Applicants for a license or a renewal shall provide at the time of application an exact description of the premises to be licensed. The area to be licensed shall be clearly delineated, as well as the seating area, serving areas, exits and associated parking.
The building, electrical and plumbing inspectors shall inspect the premises and issue their findings to the Town Council on the status of the premises. Applicants shall, before being issued a license or a renewal, correct any violations of the Building, Electrical or Plumbing Codes which may exist.
A license must be posted in plain view and shown to any authorized person upon demand. Additionally, 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.
A telephone and toilets in good working order, accessible to the public, must be maintained by all holders of Class A, B, C and D licenses on the main floor within each licensed building.
No alcoholic beverages shall be sold, served or dispensed after the legal closing hour.
Consumption of alcoholic beverages is not allowed on the licensed premises or in the parking area of a Class A license holder.
No persons shall be admitted to the premises after the legal closing hour.
Minors shall not be allowed to loiter in or around the premises.
All patrons shall leave the licensed premises not later than 20 minutes after 1:00 a.m. All employees shall leave the licensed premises within one hour after the legal closing time. However, the owner, general managers and/or staff of any establishment may enter or be in a licensed establishment at any time for a legitimate business purpose; provided, however, that the owner or general managers obtain prior written approval from the Town Council or its designee, who shall notify the Police Department. Management and bona fide employees may not consume alcoholic beverages after the legal closing time nor before the legal opening time. No employee shall be allowed on the premises earlier than two hours before the legal opening time and, during this period, there shall be no consumption of alcoholic beverages. The Town Council or its designee may authorize additional hours for maintenance purposes upon written application and after conducting a hearing thereon. In the event of extenuating circumstances (emergency) that occur after the normal business hours, the licensee may request an extension of time for cleaning and/or maintenance purposes from the commanding officer on duty at the Police Department. Such extension, if granted, shall be for a specific time. No one, other than employees, on-duty police and enforcement personnel shall be admitted to the premises after the required closing time (1/2 hour after the legal closing time) nor before the legal opening time.
[Amended 9-11-2017 by Ord. No. 872]
Routine periodic services, such as duct cleaning and carpet shampooing, the performance of which are outside these 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. Abuse of this privilege shall not be tolerated.
The licensed premises, associated parking and outside areas, and the conduct of patrons therein and thereon, 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 unlawful activity is engaged in by patrons, agents or employees. 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. 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 Subsection A(1) of this section.
All fights or acts of violence or any violation of the laws of the state or Town on the licensed premises or adjacent areas under the control of the licensee shall be reported immediately to the Police Department by the licensee.
No alcoholic beverages shall be removed from the licensed premises of a Class B, C or D licensee by any person.
At all times while the premises are occupied, police and other enforcement officials while on duty must be admitted and granted access to the entire licensed premises, including the parking lot and associated areas surrounding the building.
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 representative shall promptly identify themselves to any police or other enforcement official when requested to do so.
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 and other areas surrounding the building.
The licensee shall review the rules and regulations set forth in these conditions with all employees, agents, servants and representatives thereof.
Live entertainment shall not be permitted on any licensed premises without a valid annual permit for such entertainment having first been issued by the Town Council. Live entertainment shall include instrumentalists, vocalists, shows, bands, disc jockeys and other forms of entertainment.
[Amended 3-14-2106 by Ord. No. 849]
No dancing shall be permitted unless a valid permit is issued by the Town Council.
No licensee shall permit any ordinance of the Town to be violated on or within its premises by any agent, patron, servant, employee or representative thereof.
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.
No music or dancing in any form shall be permitted after 12:45 a.m. in any Class B establishment.
Upon receipt or renewal of a liquor license, the licensee shall sign a receipt for a copy of the rules and regulations set forth in this section.
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.
The Town Council may, if it deems reasonably necessary for public health and safety, require a license holder to provide for police details at certain specified times.
Holders of licenses issued by the Town Council must notify it through the Town Clerk within 10 days of any of the following changes occurring in the business of the licensee:
If a partnership, they must report 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.
If a corporation having less than 25 stockholders reports 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.
All newly elected officers or directors must be reported to the Town Council within 30 days.
Any acquisition by any person of more than 10% of any class of corporate stock must be reported within 30 days.
Notice of any transfer of 50% or more of any class of corporate stock shall be made to the Town Council only by written application to the licensing board subject to the procedures for a transfer of a license.
All servers of alcohol shall be required to attend a substance abuse training program. All servers of alcoholic beverages shall be required to produce proof of attendance at a substance abuse program to the Town Clerk within 60 days of the date of hire.
License holders shall not permit the serving of minors nor shall they permit the serving of alcoholic beverages to persons who are so intoxicated that they cannot reasonably be expected to be responsible for their own safety or the safety of others.
Any attempt to utilize false identification must be immediately reported to the police.
All licensees shall comply strictly with the conditions of this section. Violations shall be considered cause for suspension or revocation of the license.
Effective August 1, 2017, any applicant or holder of a retail license for the sale of alcoholic beverages, except for those holders of class F liquor licenses, are to file a certificate of insurance and maintain commercial general liability insurance as a condition of holding a retail license. Insurance coverage shall be no less than $300,000.
[Added 9-11-2017 by Ord. No. 872]
[Amended 3-14-2106 by Ord. No. 849]
All liquor license applicants shall sign two copies of the form provided by the Town Clerk's office certifying their compliance. One copy is to be returned to the applicant, and one copy is to be retained by the Town Clerk.
[Amended 3-14-2106 by Ord. No. 849]
[Added 7-8-2013 by Ord. No. 828; amended 3-14-2106 by Ord. No. 849]
It is the intention of the Town of East Greenwich to provide for the safe and responsible use of alcoholic beverages in/on all public property, grounds and facilities. Through the East Greenwich Municipal Alcohol Policy, the Town has taken an important step in preventing alcohol-related problems at municipal events and in municipal locations. The policies include the following:
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- A beverage containing in excess of 3.2% alcoholic content by volume.
- A person under the legal drinking age of 21.
- SPECIAL EVENT
- Conducting lawful sales and/or consumption of alcoholic beverages on specified dates and times in compliance with all state and Town laws, codes and regulations.
- Those individuals, associations, entities, firms or corporations that provide alcoholic beverages for sale and/or consumption in/on all public property, grounds and facilities.
- USERS' AUTHORIZED REPRESENTATIVE(S)
- A representative that shall be available to those performing bar, door or floor duties, as well as attendees, to manage problems, concerns or other issues that may result from sales or consumption of alcoholic beverages.
Users shall maintain valid licenses and permits as required by state and Town laws, codes and regulations as applicable to the activity or event being conducted.
Insurance. A minimum of $1,000,000 in liquor liability insurance will be required for special events in/on all public property, grounds and facilities, festivals, fairs, carnivals and concerts. The Town of East Greenwich shall be named as co-insured on such insurance. Proof of purchase shall be provided at least 14 days prior to the activity with a thirty-day notice of cancellation.
Minors and alcohol-related events. When alcoholic beverages are being consumed, minors must be accompanied by a responsible adult of legal age. Minors must not be served or provided alcoholic beverages either directly or indirectly by an adult. When minors are present in/on public property, grounds or facilities and alcoholic beverages are being consumed, the user must rent the entire building.
Alcohol marketing practices prohibited. Practices, including, but not limited to, oversized drinks, double shots of spirits, drinking contests, volume discounts and unlimited free alcohol or alcohol marketing events, which encourage increased immoderate consumption, are prohibited.
Event workers and training.
For a special event where alcoholic beverages will be sold, the user shall provide a list specifying employees, volunteers or other event workers who will be involved in the provision, dispensing, and sales of alcoholic beverages, as well as employees, volunteers or event workers who shall monitor the consumption of alcoholic beverages by attendees. The Town Manager, the Director of Parks and Recreation, the Chief of Police, or their designees shall have the right to regulate or prohibit any individual from acting in such capacities.
The Police Chief or his/her designees may require certification of alcohol server training at special events and shall have the right to request modification of certification requirements for any special event where alcoholic beverages will be served.
Violations of any type, willful or not, shall be a consideration factor in approval or disapproval of a user's future request(s) for use of public property, grounds and facilities for special events involving sale or consumption of alcoholic beverages.
Nothing in this section shall prevent any violation, willful or not, from being investigated as a separate matter by any governmental agency charged with enforcement of alcoholic beverage codes and regulations. Nothing in this section shall preclude any governmental agency authorized to regulate alcoholic beverages from entering public property, grounds and facilities for the purposes of investigating compliance with all applicable state and Town laws, codes and regulations.
Notwithstanding the foregoing, this license may be revoked at any time without the right to a hearing, at the sole discretion of the Town Council.
Workers of legal age; duties required. All employees, volunteers or other event workers engaged in the provision, dispensing and/or sales of alcoholic beverages at regular activities or special events, or engaged in the monitoring of consumption of same by patrons or attendees, shall be a minimum of 21 years of age.
Procedures for obtaining approval. Prior to the event, the user shall:
Obtain confirmation from the authorized Town representative that the public property, grounds and/or facility is available for rental on the date required.
Obtain approval for sales and/or consumption of alcoholic beverages from the Town Council.
Obtain all permits for provision, dispensing, sale and/or consumption of alcoholic beverages as required by state and Town laws, codes and regulations. Evidence of such permits shall be provided to the authorized Town representative at least 14 days prior to the event.
Provide the names of employees, volunteers or other event workers engaged in the provision, dispensing and/or sale of alcoholic beverages, and those engaged in monitoring the consumption of same, to the authorized Town representative 14 days prior to the event. Where certification of alcohol server training is required, proof of such certification shall also be provided 14 days prior to the event.
Rules, controls and responsibilities of users.
Users acknowledge by executing the municipal facility permit or rental agreement that they will strictly observe and ensure compliance with the controls of this section.
All required permits shall be conspicuously displayed in the immediate area of the public property, grounds and/or facility where the alcoholic beverages are to be provided, dispensed, sold or consumed.
Users are encouraged to provide a variety of safe transportation options for impaired patrons or attendees.
Users shall inform their employees, volunteers or other event workers of the potential for litigation involving the misuse of alcoholic beverages and shall provide them with the knowledge necessary to lessen the likelihood of such legal action.
The Director of Parks and Recreation, Town Manager, Chief of Police, or their designees reserve the right to require submittal of a security plan and/or the presence of police officers or qualified security personnel for the duration of an event, the cost of which will be borne by the user. Any such security plan must receive written approval from the Police Chief before the event may be held.
Users shall ensure that the required certified alcohol servers are on site and performing designated duties at the appropriate times where required.
At least one of the user's authorized representatives, as indicated on the public property, grounds and facility permit or rental agreement, shall be available at the designated municipal location during the entire duration of the event to assure compliance with all state and Town laws, codes and regulations, as well as the provisions of this section, and shall also be present to assure the proper removal of alcoholic beverages from the public property, grounds and facility upon conclusion.
Users' authorized representatives shall be available to those performing bar, door or floor duties, as well as to attendees, to manage problems, concerns or other issues that may result from sales or consumption of alcoholic beverages.
All alcoholic beverages used in/on public property, grounds and facilities shall be purchased, dispensed, sold and/or consumed in compliance with all state and Town laws, codes and regulations.
Users shall ensure that alcoholic beverages sold or consumed in/on public property, grounds and facilities are not removed from the designated locations within those events or facilities by patrons or attendees.
All bottles shall be retained within the bar area. All beverages shall be served in unbreakable cups. The Police Chief or his/her designee may amend this control when alcoholic beverages are to be served at a formal event.
If alcoholic beverage tickets are purchased from a designated ticket seller in/on public property, grounds or facilities, a maximum of two tickets (servings) per person will be permitted at one time.
Minors shall not be served or otherwise provided with alcoholic beverages. The only acceptable form of identification shall be government-issued photo identification. Such identification shall be inspected before providing/serving a person who appears to be under the age of 21.
Users shall request that individuals participating in masquerade events unmask or otherwise identify themselves to event organizers for the purpose of age identification.
Users shall ensure that while on public property, grounds or facilities, the physical setting is safe and accommodating for both drinkers and nondrinkers of alcoholic beverages.
All exits shall be monitored by users and kept clear of obstructions at all times.
Nonalcoholic drinks shall be available without charge or at a cost lower than that of drinks containing alcohol.
Announcements near the end of a special event or near the close of business for a regular activity, stating that provision, dispensation or sales of alcoholic beverages will cease soon, are prohibited.
The sale and/or consumption of alcoholic beverages shall cease not later than the time specified on the municipal events permit or rental agreement or any time established by state or Town laws, codes or regulations, whichever is more stringent.
Should users become aware of a situation that could lead to disruption, injury or property damage, they shall take immediate action to prevent patrons or attendees from engaging in such activities or conduct.
Police shall be notified by users of any potentially disruptive, injurious or damaging situations before they become out of control.
Users shall indemnify, defend and save harmless the Town of East Greenwich from any and all claims, demands, causes of action, costs or damages that the municipality may suffer, incur or be liable for, resulting from users' nonperformance of their obligations/duties under this section.
Violations of this section shall include serving someone to intoxication; serving someone who is already intoxicated; serving persons not of legal age; and failing to prevent impaired individuals from driving.
[Added 7-8-2013 by Ord. No. 828; amended 1-25-2016 by Ord. No. 847; 3-14-2016 by Ord. No. 849; 7-11-2016 by Ord. No. 858; 10-24-2016 by Ord. No. 861; 7-13-2020 by Ord. No. 895; 11-23-2020 by Ord. No. 900]
Upon approval by the Town Council of an application for outdoor sidewalk liquor service, the holder of a valid BV liquor license may serve liquor at an outside table only in conjunction with the service of a full meal. The liquor must be served by a server employed by the license holder and may only be served with a meal. This service may not be provided to patrons waiting to be seated, but only for those patrons actually seated who have or will be ordering a meal. The service of liquor alone without a meal at an outside table is strictly prohibited. This service may be provided seven days a week, from 11:00 a.m. to 11:00 p.m. Applications may be granted annually for the period of December 1 through November 30. An application fee of $150 shall accompany all applications for this service. The tables with outdoor sidewalk liquor service shall be separated from the rest of the sidewalk area by a temporary physical barrier. This service may be revoked at any time without the right to a hearing at the sole discretion of the Town Council. A new liquor license shall not be required in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in § 15-9.
[Added 7-13-2020 by Ord. No. 895; amended 11-23-2020 by Ord. No. 900]
Notwithstanding anything to the contrary in the Code, restaurants located in Town are authorized to temporarily expand their service areas into sidewalks and/or adjacent public or private areas, subject to the following conditions:
Expansion must be pursuant to and in accordance with any executive orders issued by Governor Gina Raimondo, directives of the Rhode Island Department of Health, Department of Business Regulation, or any other state agency, including without limitation all of the rules set forth in the documents entitled "Phase I Guidelines for Restaurants" and "Phase I Non-Critical Retail Guidelines," available at www.reopeningri.com.
Expansion shall be strictly temporary and shall be permitted only so long as any executive orders, directives, and/or guidelines related to COVID-19 and social distancing are in effect. The Town reserves the right to take enforcement action with respect to licensing and/or zoning against any establishment that fails to restore the conditions of the premises to what was permitted before social distancing measures were required.
Expansion must be administratively approved by the Town Manager and Building Official following submittal of the Town's "Outdoor Restaurant Temporary Seating Request" form and all required supporting documents or the Town's "Temporary Outdoor Retail Expansion Request" form and all required supporting documents as applicable.
Where expansion into an adjacent area not owned by the Town is proposed, the applicant shall provide written authorization from the landowner.
Before temporary expansion into a public area is authorized, the applicant shall provide proof of liability insurance from a company licensed to do business in the state and in a form satisfactory to the Town Solicitor, of no less than $1,000,000 protecting the Town for all claims and causes of action for personal injury or property damage resulting from use of this license.
All applicable life safety codes must be satisfied.
Expansion shall not result in an increase in capacity beyond what is currently permitted.
Hours of operation will be limited to 11:00 a.m. to 11:00 p.m., provided that the Town Manager may require an earlier closing time when restaurants are in close proximity to residential zoning districts.
The applicant shall agree in writing that temporary authorization to expand shall not confer any vested rights to continue such expanded use after social distancing measures are no longer in effect.
Appeals of approved or denied temporary expansion permits may be submitted to the East Greenwich Town Council.