[Ord. of 4-23-1986, §§ 1,
2; Ord. No. 93-21, § 1, 1-5-1994]
(a)
The Town Council shall establish fees for licenses, certificates
and petitions from time to time, and such fees shall be on file in
the Town Clerk's office. Until further amended, there shall be a $10
nonrefundable application fee for all new license applications. Additionally,
there shall be a $10 nonrefundable transfer fee for the transfer of
any license, excluding Sunday sales, victualling house and liquor
licenses.
(b)
Fees and advertising costs must be paid by the applicant when the
application is filed.
[Ord. of 1-20-1988, § 1]
The fee for the transfer of a Sunday sales license shall be
as established from time to time by the Town Council and on file in
the office of the Town Clerk. Such fee shall be paid to the Town Clerk
prior to the hearing on the transfer.
[Ord. No. 03-09A,[1] § 2, 4-2-2003; Ord. No. 13-03A, § 1, 6-5-2013]
(a)
Establishment. There is hereby established a yearly entertainment
license which shall authorize a licensed liquor establishment or a
nonalcohol serving establishment in the Town to provide entertainment
to its customers. The license will permit both live and/or recorded
music or any form of live performance.
(b)
Special license. When a licensed liquor establishment does not possess
a yearly entertainment license, such an establishment shall be allowed
to obtain a special limited license to host a specific event for a
limited period of time. Said license will only be issued by special
permission of the Town Council after hearing thereon.
(c)
Special event entertainment license. When any person, firm, corporation
or association hosts an event for a limited period where there will
be entertainment and/or vendors present, host shall apply for a special
event entertainment license with the Town Clerk. Special events are
described as, but not limited to, concerts, fairs, circuses, carnivals,
festivals, or parades. Host of said event shall be responsible for
providing a list of vendors in a form prescribed by the Town Clerk
to include a copy of any Rhode Island vendor's valid sales tax permits
unless exempt, and where necessary a valid department of health permit.
Additionally, the host must ensure that all out-of-state vendors obtain
a temporary retail sales permit according to and in compliance with
Rhode Island General Law §§ 44-19-1 and 44-18-15.1.
(d)
Fees. There is hereby established an annual entertainment license
fee of $200. The fee for any special license issued after approval
by the Town Council shall be $35 per day. Fees shall be paid at the
time of the issuance of, or renewal of the license and shall be subject
to review by the Town Council.
(e)
Public safety review. No entertainment license shall be issued until
the owner or host of the establishment or venue to be licensed presents
evidence under this section that the establishment is in compliance
with all local and state fire code provisions. It shall be the duty
of the applicant for the license to obtain such a compliance report
from the chief of the fire district where the establishment or venue
is located. In addition, any applicant for an entertainment license
under this section shall obtain the approval of the Town Police Chief
and the director of rescue services, or his/her designee, to hold
a special event. Approval shall only be granted after the applicant
has provided the Chief of Police with information, including, but
not limited to, the nature and location of the event, estimated number
of people attending, and plans for directing traffic and crowd control
to ensure the public health, safety and welfare of the Town's inhabitants
is protected.
(f)
Nonprofit organizations. Any nonprofit organization which possesses a valid tax exempt certificate and which is in good standing with the Internal Revenue Service and State of Rhode Island Division of Taxation will be exempt from the payment of any fees in Subsection (d) above, but will be required to comply with all other provisions of this section.
(g)
Insurance bond. Applicants must provide a copy of an insurance bond
naming the Town of Cumberland as additional insured in a form and
in an amount approved by the solicitor.
(h)
Any person or business who violates any of the provisions of this
section shall be subject to a fine of $100 per day for each violation
and shall be subject to the forfeiture of any license granted.
[1]
Editor's Note: This ordinance also repealed former § 8-28,
which pertained to entertainments, and was derived from an ordinance
adopted 9-24-1947 and Ord. No. 91-6, adopted 4-3-1991.
[Ord. of 5-15-1991, § 2; Ord. No. 96-6, § 1, 2-26-1996; Ord. No. 96-9, § 1, 4-3-1996; Ord. No. 96-27, § 1, 10-21-1996; Ord. No. 08-25A, § 1, 12-17-2008; amended 10-21-2015 by Ord. No. 15-17]
The maximum number of alcoholic beverage licenses to be issued
by the Town in any one year shall be as follows:
(1)
Class BV. There shall be issued not more than 19 Class BV licenses
exclusive of Class B nontransferable licenses.
(2)
Class BV limited. There shall be issued not more than seven Class
BV limited licenses exclusive of Class B nontransferable limited licenses.
(3)
Class C. There shall be issued not more than one Class C license.
(4)
Class D full privilege. There shall be issued not more than 13 Class
D full privilege licenses.
(5)
Class D limited privilege. There shall be issued not more than four
Class D limited privilege licenses.
(6)
Class T legitimate theater license. There shall be issued not more
than one Class T license.
(7)
Pursuant to of the G.L. 1956, § 3-7-7(a)(1) as amended, the Town Council may issue full and limited Class B licenses to applicants who the Town Council feels will contribute to the economic development of the Town which said licenses may not be transferred to another person, entity or location. Any such licenses shall revert to the Town if not renewed by the holder and will not be limited in number by the provisions of Subsections (1) and (2) of this section and shall not be counted toward the maximum number of licenses under these subsections. In deciding whether or not to issue a Class B nontransferable license the Town Council shall consider the following factors:
a.
Will food sales exceed alcoholic beverage sales?
b.
Is the proposed location one that is targeted for commercial development?
c.
Will the business promote revitalization of the area where it will
be located?
d.
Will the issuance result in substantial employment opportunities?
e.
Is the business proposed one that presents a unique concept not currently
existing in the Town?
f.
Will the business promote the general economic development of the
Town?
(8)
Any holder of a Class B nontransferable license shall be allowed to conduct business on a daily basis not later than such time as is stated in Article XII of the Rules, Regulations, Policies and Procedures for the Board of Licensing Commissioners of the Town of Cumberland. The annual fee for this class of license shall be set by the Town Council.
[Ord. No. 92-35, § 1, 12-16-1992; Ord. No. 94-22, § 1, 1-4-1995]
Whenever it is determined by the Town Council sitting as the
Town board of license commissioners that the holder of any liquor
license issued on an annual basis excluding, however, a Class D and
Class D limited liquor license, has abandoned the premises from which
the licensee has been conducting business or shall have ceased to
operate under the license for a period of not less than 90 days, the
Town Council shall hold a hearing after giving written notice to the
licensee and shall revoke the license, provided that the Town Council
may grant a reasonable time, not to exceed nine months, to the licensee
within which to reestablish or transfer his interest in the business
where the abandonment or cessation of operations shall have been due
to illness, death, fire or other casualty, condemnation of business
or other good cause.
[Ord. of 4-15-1987, § 1; Ord. No. 08-35, § 1, 12-3-2008]
No application or petition for granting, renewing or transferring
a victualing house license or holiday sales license shall be approved
by the Town Council if the existing license holder, applicant or petitioner
is delinquent in the payment of taxes to the Town for the real property
where the business is situated or for personal property and/or tangible
property utilized in the operation of the business.
[Ord. No. 93-12, § 1, 6-16-1993; Ord. No. 96-32, § 1, 11-20-1996]
Victualling house licenses shall be classified in four classes,
which shall be as follows:
(1)
First class. Licenses shall apply to any liquor establishment furnishing
food, which is cooked and served on premises.
(2)
Second class. Licenses shall apply to any establishment, other than
a liquor licenseholder, furnishing food which is cooked and served
on premises, having a seating capacity of 20 or more.
(3)
Third class. Licenses shall apply to any establishment with a seating
capacity of under 20, furnishing food cooked on premises, prepared
food, perishables and/or coffee, such as supermarkets.
(4)
Fourth class. Licenses shall apply to any establishment with no seating
area, furnishing prepared foods, deli style items, perishables and/or
coffee such as convenience/variety stores.
(5)
Fifth class.
a.
Limited class. Licenses shall apply to the operation of any agricultural
or farm related business which sells for consumption on the premises
certain food items which complement the principal business, serve
as a convenience to the public and otherwise are in harmony with the
rural atmosphere of the Town.
b.
The Town Council shall have the power to limit the hours of operation
of any establishment so licensed as well as the types of food which
may be prepared for consumption on the premises.
c.
No such limited class license shall be granted if the granting of
such license shall be contrary to and/or inimicable to the public
health, safety and welfare.
d.
Any limited class license shall be subject to the provisions of G.L.
§§ 5-24-1 and 5-24-2 related to limited class licenses
and the duration of licenses.
e.
The annual fee for a limited class license shall be the same as that
established for a fourth class victualling license as provided by
the ordinances within the Town for victualling house licenses. Any
licensee shall also be subject to the provisions of G.L. §§ 5-24-4
and 5-24-5.
[Ord. No. 93-10, §§ 1,
2, 1-19-1994]
(a)
It shall be unlawful for any person, corporation, partnership or
business in the Town who/which is the holder of a victualling license
issued by the Town, to permit the consumption of alcoholic beverages
on the premises by sale or otherwise, unless such person, corporation,
partnership or other business is the holder of a valid alcoholic beverage
license which has been issued in accordance with the provisions of
G.L. 1956, § 3-5-1, as amended.
(b)
Any person, corporation, partnership or business in the Town who/which
is the holder of a victualling license issued by the Town who/which
knowingly allows the consumption of alcoholic beverages on his/her/its
premises, by sale or otherwise, without having a valid license to
sell alcoholic beverages shall be subject to a fine not to exceed
$500 for each offense.
[Ord. No. 94-20, § 1, 2-15-1995]
(a)
Definition. An adult entertainment specialty shop is any business
establishment which sells, rents or otherwise deals in or provides
for on-site viewing of products which consist primarily of adult videos
or still photographs which show or depict sexual activity of any kind
or the sale of adult novelties including but not limited to reproductions
of the human anatomy.
(b)
License. Any person desiring to operate an adult entertainment speciality
shop shall first make application to the Town Council for such a license
by filing an application with the Town Clerk in the amount of $5,000
per year per location and $1,500 per year for each machine used for
the viewing of adult videos.
(c)
Requirements for issuance of an adult entertainment specialty shop
license. The requirements for the issuance of such a license are:
(1)
There shall be no live performances.
(2)
Adequate parking must be available and in conformance with the zoning
ordinance.
(3)
Adult entertainment specialty shops shall not be located within 1,000
feet of a residential district, a house of worship, a school, or a
playground.
(4)
No explicit materials or advertising shall be visible from the exterior
of the building.
(5)
No one under the age of 18 shall be permitted on the premises.
(d)
Public hearing. A public hearing shall be heard on any application
for an adult entertainment specialty shop before the Town Council
after having given notice by publication once a week for three consecutive
weeks in a newspaper of general circulation in the Town.
(e)
Public welfare. In considering an application under this section,
the Town Council may additionally give consideration to any factors
consistent with promoting the general welfare of the public.
(f)
Enforcement provisions. Any violation of this section shall be subject
to a fine of $500 for each offense. Each and every violation of this
section or each day that any provision shall have been violated, shall
be constructed as a separate and distinct violation thereof. All such
fines shall inure to the benefit of the Town.
[Ord. No. 03-21, § 1, 5-21-2003; amended 10-21-2015 by Ord. No. 15-17]
(a)
The provisions of this section apply to Class BV, Class BV limited,
Class B nontransferable, Class C, Class D full privilege, Class D
limited privilege and Class T legitimate theater alcoholic beverage
licenses issued by the Town.
(b)
Prior to the issuance of any new license set forth in Subsection (a) or the renewal thereof, the holder or prospective holder of such a license shall provide to the Town Clerk written evidence that the establishment in which the license will be used is in compliance with all local and state fire code provisions. Evidence of compliance shall be submitted on an annual basis prior to the renewal of any license. It shall be the duty of the applicant or holder of a license to request of the Fire Chief of the fire district within which the licensed establishment is located to conduct an inspection of the premises to insure that all state and local fire code provision are complied with. The applicant or license holder shall be responsible to pay any cost of such annual inspection directly to the fire district.
(c)
No application for a new license or renewal of an existing license
shall be heard by the Board of License Commissioners unless evidence
of compliance with this section in writing has been presented to the
Town Clerk prior to any scheduled hearing.
(d)
Any license holder who violates any of the provisions of this section
shall be subject to a fine of $100 per day for each violation and
shall be subject to the forfeiture of any license granted.
[Ord. No. 12-16-A, § 1, 8-15-2012]
(a)
Definitions. For the purposes of this chapter, "sidewalk cafe" means
any area situated on a public sidewalk where food, refreshments, and/or
beverages are sold by a restaurant, delicatessen, ice cream shop or
coffee shop (hereinafter "operating establishment") for public consumption
at tables or counters located on the sidewalk fronting the operating
establishment. Sidewalk cafes shall operate only as authorized pursuant
to this chapter.
(b)
Permit required.
(1)
A person shall not construct, maintain, use or operate a sidewalk
cafe without first obtaining a permit as provided in this chapter.
(2)
As application for a sidewalk cafe permit shall be made to the Town
Clerk's office on forms provided by the Town Clerk. The Town Clerk
shall transmit the application to the Town Council for approval at
the next Council meeting. The application shall be made by the operating
establishment.
(3)
A sidewalk cafe permit shall be for one year from May 1st in each
year until the following April 30th. The holder of a permit shall
pay an annual fee of $100. Annual fee shall be paid with the original
permit application and with the request for renewal of the permit.
Use of the outside sidewalk area will be allowed only for the time
period of May 1st to October 1st annually.
(c)
Standards.
(1)
Sidewalk cafes shall be permitted only in the general business and
limited business districts.
(2)
No part a sidewalk cafe area shall encroach upon any part of the
sidewalk frontage of any adjacent premises, right-of-way, or alley.
(3)
A sidewalk cafe must leave a minimum four-foot unobstructed passageway
for pedestrians along the length of the cafe.
(4)
In the case that a business owner holds property adjacent to their
business (e.g., side-yard setback, parking lot, etc.), a sidewalk
cafe may be permitted in that location as well. The side-yard cafe
will be subject to the same guidelines as the sidewalk cafe.
(5)
The holder of a sidewalk cafe permit shall fully insure, indemnify,
defend and hold harmless the Town and in their capacity as such, the
officers, agents, and employees thereof from and against any and all
claims and damages in any way arising out of or through the acts or
omissions of the permit holder or its employees in the construction,
operation, maintenance, use, placement or condition of the sidewalk
cafe. An applicant for a sidewalk cafe shall provide proof of such
insurance before a permit may be issued or renewed under this chapter,
and a fully executed indemnification agreement.
(6)
A sidewalk cafe shall close and all cafe seating shall be removed
from the cafe area no later than 9:30 p.m. The cafe area shall be
cleared of all other furniture, debris and obstructions to the sidewalk
no later than midnight.
(7)
An operating establishment shall not sell, serve or allow consumption
of alcoholic beverages on its sidewalk or side-yard cafe without receiving
the required permit from the board of license commissioners.
(8)
The following are prohibited in the cafe area: cooking of food, unshielded
trash or refuse storage, advertisements (exclusive of menus intended
to be read from cafe); outdoor entertainment, music, speakers or public
address systems; and exclusively carry-out transactions.
(9)
A sidewalk cafe shall comply with all building, health, safety, fire,
zoning, and environmental standards.
