Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
This article is enacted for the purpose of providing regulation of retail business operating hours to ensure that the operation of such businesses does not interfere with the peace and tranquillity in the Town.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
No retail business shall be kept open between the hours of 1:00 a.m. and 6:00 a.m. except as hereinafter provided.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
For the purposes of this article, a retail business is defined as all sales outlets, stores, shops, or other places of business located within the Town, which operate primarily to sell or convey goods, foods, or goods which have been the subject matter of the rendering of personal services thereon, directly to the ultimate consumer.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
(a) 
Any retail business as may be approved by the Town Council may remain open between the hours of 1:00 a.m. and 6:00 a.m. provided that a license has been obtained from the Town Clerk.
(b) 
Any business which has been issued such a license may remain open for business for 24 hours per day subject to the laws relating to the operation of a business on Sunday and holidays and subject further to any general law or other ordinance which may relate to a specific business or profession.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
Any store or other place of business which has been issued a valid victualling house license shall be allowed to remain open for business until 2:00 a.m. subject, however, to any restrictions relating to hours of operation which may be imposed on the holder of any liquor license.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996; Ord. No. 99-4, § 1, 4-21-1999]
(a) 
A public hearing shall be heard on any application for an extended hours license before the Town Council where such applicant shall show public convenience and/or necessity, and after having given notice by publication once a week, for three consecutive weeks, in a newspaper of general circulation in the Town. All costs related to publication shall be borne by the applicant.
(b) 
The applicant at their expense, shall prepare and submit to the Town Clerk's office a radius map listing, by name, all property owners within 200 feet of the property line of the proposed licensed establishment. Listed property owners shall be notified by certified mail at least 14 days prior to the public hearing.
(c) 
The Town Clerk's office shall prepare the mailing with the applicant paying for postage expense as well as costs related to publication.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
The annual application fee for permission to operate a business for extended hours shall be $50 per year payable to the Town on or before the issuance or renewal of such license. A license issued hereunder will expire annually on November 30 and be subject to renewal annually on December 1.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
Any person or business who operates any store or business referred to in this article between the hours of 1:00 a.m. and 6:00 a.m. without a valid extended hours license shall be so notified by the Town Clerk's office, by certified mail and beginning with the first day following notification be fined $250 for the first offense and $500 for the second and each subsequent offense. For purposes of this article, each day shall constitute a separate offense.
Any person or business who receives a notice of violation from the Town Clerk shall be entitled to appeal before the Town Council at its next regularly scheduled meeting.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
The Town Council may, for good cause shown, suspend or revoke any license but only after reasonable notice and opportunity to be heard shall be given to any licensee.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
The Town Council may establish rules and regulations governing the operation of businesses who have an extended hours license in order to ensure that the public peace and tranquillity is preserved.
[Ord. No. 96-24, § 1, 10-21-1996; Ord. No. 07-01, § 1, 1-17-2007]
No retail establishment or person conducting retail sales shall be open on a holiday, as defined in G.L. 1956 § 5-23-1, without first obtaining a holiday license from the Town Council. The fee for said holiday license shall be $100 provided that the 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.