Town of Barrington, RI
Bristol County
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Table of Contents
Table of Contents
[Adopted 5-10-1993 as Ord. No. 93-31]
A. 
Authorization for issuance of licenses.
(1) 
Any and all alcoholic beverage licenses, so-called "liquor licenses," authorized by the General Laws of the State of Rhode Island and Providence Plantations, as amended, and granted by the Town of Barrington, a body corporate and existing under such General Laws, shall be issued, governed, controlled and regulated by the Town Council of the Town of Barrington, as its Licensing Board (hereinafter referred to as the "Board"), in accordance with the following rules, regulations, policies and procedures.
(2) 
These rules, regulations, policies and procedures are deemed to be in conjunction with and in addition to the Rhode Island General Laws and the rules and regulations promulgated by the Liquor Control Administration.
B. 
Issuance and revocation.  The Board shall have the authority to approve, issue, renew, transfer, suspend or revoke any and all alcoholic beverage licenses under its control within the town and may also from time to time reduce or increase the number of classes of licenses in each category as shall be authorized and empowered by state law.
C. 
Meetings, hearings, rules and records. The Board shall meet as part of the regularly scheduled meeting of the Town of Barrington Town Council in a section of the agenda specifically designated for such meeting or at such time and in such place as determined by the Board and duly noticed according to the Rhode Island Open Meetings Law.[1] Notwithstanding the provisions of the Rhode Island Open Meeting Law, all meetings of the Board shall be open to the public and news media at all times. Except as provided herein, the conduct of the meetings of the Board shall be governed by Robert's Rules of Order. The Board shall keep proper and accurate records which shall be in conformity with the provisions of the Rhode Island Public Records Act.[2]
[1]
Editor's Note: See § 42-46-1 et seq. of the Rhode Island General Laws (as amended).
[2]
Editor's Note: See § 38-2-1 et seq. of the Rhode Island General Laws (as amended).
These rules, regulations, policies and procedures of the Town of Barrington Licensing Board shall become effective immediately upon passage by the Town Council of the Town of Barrington and shall be the official rules and regulations pertaining to the issuance of liquor licenses within the town. It is specifically intended that these rules, regulations, policies and procedures shall be adopted by the Town Council as an ordinance of the Town of Barrington and included within the Code of the Town of Barrington.
[Amended 4-6-1998 by Ord. No. 98-1; 9-2-2003 by Ord. No. 2003-12; 12-1-2003 by Ord. No. 2003-18; 11-1-2004 by Ord. No. 2004-8; 11-6-2006 by Ord. No. 2006-9; 5-9-2011 by Ord. No. 2010-8]
A. 
The Town of Barrington, through its Licensing Board, is authorized to issue the following classes of liquor licenses: all Class A and B licenses in addition to Classes D, F and F-1 licenses. These rules and regulations are applicable to all classes of licenses issued. The maximum number of alcoholic beverage licenses which may at any time be issued and outstanding within the Town is hereby fixed as follows:
[Amended 10-3-2011 by Ord. No. 2011-12; 12-5-2011 by Ord. No. 2011-14; 2-6-2012 by Ord. No. 2011-16; 1-9-2017 by Ord. No. 2016-10; 1-8-2018 by Ord. No. 2017-19; 11-5-2018 by Ord. No. 2018-12; 5-6-2019 by Ord. No. 2019-12; 11-4-2019 by Ord. No. 2019-24; 2-3-2020 by Ord. No. 2020-1; 6-8-2020 by Ord. No. 2020-9]
Class of License
Maximum Number
A
21
BV
51
BVL (Limited)
4
D (Limited and Full)
52
F
5 per calendar year for each qualified applicant3
F-1
Same as Class F
NOTES:
1 See § 3-5-16 of the Rhode Island General Laws (as amended).
2 Established by referendum.
3 Set by guidelines established by the Liquor Control Administration.
B. 
The fee to be paid to the Town of Barrington for the issuance of liquor licenses is as follows:
Class of License
Fee
A
$1,000*1
BV
$2,0001
BVL (Limited)
$2662
D Full
$3003
D Limited
$1004
F
$155
F-1
$356
NOTES:
*Fee set by statute between $500 and $1,000 [§ 3-7-3 of the Rhode Island General Laws (as amended)]
1 Fee set by statute between $400 and $2,000 [§ 3-7-3 of the Rhode Island General Laws (as amended)].
2 Fee set by statute between $200 and $1,500 annually [§ 3-7-7 of the Rhode Island General Laws (as amended)].
3 Fee set by statute of no more than $800 [§ 3-7-11 of the Rhode Island General Laws (as amended)].
4 Fee set by statute of no more than $400 [§ 3-7-11 of the Rhode Island General Laws (as amended)].
5 Fee set by statute [§ 3-7-14 of the Rhode Island General Laws (as amended)].
6 Fee set by statute [§ 3-7-14.1 of the Rhode Island General Laws (as amended)].
7 Fee set by statute [§ 3-7-14.3 of the Rhode Island General Laws (as amended)].
A. 
Application form. An application form must be obtained from the Town Clerk, who shall serve as the Clerk of the Licensing Board (hereinafter referred to as the "Clerk"). Such application shall be fully completed and returned to the Clerk, together with all application processing documentation and the required fee.
B. 
Completed application.
(1) 
General requirements.
(a) 
An application for a liquor license must contain an exact description of the premises to be licensed, sufficient to identify the specific location within the building and/or property grounds where liquor is to be served and shall include within the application a site plan of the location to be licensed and a landscaping plan of the grounds and property surrounding the licensed premises. The area to be licensed shall be clearly delineated as well as the seating area, serving areas, exits and associated parking.
(b) 
The Building Inspector and the Fire Chief shall inspect the premises and issue 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, Plumbing and Fire Codes which may exist locally or statewide.[1]
[1]
Editor's Note: See Ch. 73, Building Construction; Ch. 95, Electrical Standards; and Ch. 140, Plumbing Standards.
(c) 
The Police Chief of the Town of Barrington shall review the completed application and make his report and/or recommendations to the Board prior to the hearing on the application.
(d) 
Applications for Class A, Class B and Class D licenses must contain a letter from the Building Inspector attesting to the conformity of the proposed location with applicable zoning regulations.[2]
[Amended 5-9-2011 by Ord. No. 2010-8]
[2]
Editor's Note: See Ch. 185, Zoning.
(2) 
Class B licenses. In addition, the following must be attached to applications for a Class B license:
(a) 
If a corporation, a certificate of good standing issued by the Secretary of State; and if a partnership, a copy of the partnership agreement and/or any documents pertinent thereto.
[Amended 9-11-2017 by Ord. No. 2017-11]
(b) 
The tax certificate issued by the Rhode Island Division of Taxation.
(c) 
The tax certificate issued by the Treasurer for the Town of Barrington.
(d) 
State of Rhode Island Health Department certificate.
(e) 
A copy of the menu to be utilized by the licensee at the premises.
(3) 
Class D licenses. In addition, the following must be attached to applications for a Class D license: charter of the club applying for said license, whether it is a social, political or other private club of any nature, which charter sets forth, among other things, its notices of meetings and the manner of distribution of its funds.
(4) 
Class F licenses. In addition, the following must be attached to applications for a Class F license: proof of the organization's status as a Rhode Island nonbusiness corporation, religious organization or political organization.
[Amended 6-7-1999 by Ord. No. 99-2; 12-1-2003 by Ord. No. 2003-18]
(5) 
Class A licenses. In addition, the following must be attached to applications for a Class A license:
[Added 5-9-2011 by Ord. No. 2010-8]
(a) 
If a corporation, a certificate of good standing issued by the Secretary of State; and if a partnership, a copy of the partnership agreement and/or any documents pertinent thereto.
[Amended 9-11-2017 by Ord. No. 2017-11]
(b) 
The tax certificate issued by the Rhode Island Division of Taxation.
(c) 
The tax certificate issued by the Treasurer for the Town of Barrington.
(d) 
The applicant shall also provide affirmation of compliance with the provisions of § 63-12.
C. 
Incomplete application. Applications not containing all necessary and pertinent information as required within the application and these rules and regulations shall be returned by the Clerk to the applicant until the necessary, required and appropriate information and documentation have been received in full.
D. 
Notice of application. Notice of application must be given by regular mail in accordance with the Rhode Island General Laws to all owners of property within 200 feet of the place of business seeking the application. The names and addresses of the abutters are to be submitted by the applicant to the Town Clerk with the application. The notice is to be given by the Clerk on behalf of the Board, and the cost thereof shall be paid by the applicant. The notice must state that remonstrants have a right to be heard and state the time and place of the hearing on the application. Written notice need not be given for temporary licenses.
E. 
Advertising. The Board must advertise the hearing time, date and place once a week for two weeks in a newspaper of general circulation serving the town. This requirement does not apply to temporary licenses. The initial advertisement must appear at least 14 days before the date of the scheduled hearing.
F. 
Basis for denial shall be as follows:
(1) 
All available licenses authorized under the limits established by these rules and regulations have been issued and no license is currently available.
(2) 
Objection is made by owners of the greater part of the area within 200 feet of the premises where a Class BV or BVL license is to be issued [§ 3-7-19 of the Rhode Island General Laws (as amended)]. If the owner or owners of the majority of this area object, then the Board is without authority to issue the license. The area within 200 feet of the premises means the area within a line 200 feet in distance from every side of the proposed premises.
(3) 
Objection is made by owners of less than the greater part of the area within 200 feet of the premises where the license is to be issued. The Board has discretionary authority to either issue or deny the license.
(4) 
The premises (except for Class A) is located within 200 feet of a school or place of public worship [§ 3-7-19 of the Rhode Island General Laws (as amended)]. The two-hundred-foot measurement shall be made from that point of the proposed licensed place closest to the nearest improved point of the school or place of public worship.
[Amended 5-9-2011 by Ord. No. 2010-8]
(5) 
The Board has general discretionary authority to deny a license based upon criteria which it has established and fairly applies as well as a violation of any of the rules and regulations as herein promulgated. The following criteria have been established by the Board:
(a) 
Compliance with all town ordinances and Board rules, regulations, policies and procedures including but not limited to § 124-31 of this Code.
[Amended 8-2-1999 by Ord. No. 99-5]
(b) 
Citizen reaction to the application.
(c) 
Proximity of location to residential areas, commercial districts, schools, churches and other establishments licensed for the sale of alcoholic beverages.
(d) 
Impact on traffic and parking.
(e) 
Impact on existing municipal services and requirements, if any, for new municipal services.
(f) 
Impact on public safety, health and welfare.
(g) 
Whether a license will be a major component of the business or an auxiliary use to an eating establishment.
(h) 
The history of operations at the premises for which a license is requested.
(i) 
Proportion of unsupervised patrons under 21 years of age.
(j) 
Effect on neighborhood real estate values.
(k) 
The performance of a criminal background investigation check of each applicant by the Police Department.
(l) 
Qualification of the applicant to hold and operate the license.
(m) 
Such other health and safety factors as individual applications may present.
(6) 
Failure of an applicant to comply with the requirements of the Rhode Island General Laws, including but not limited to:
(a) 
The applicant must be a citizen and resident of Rhode Island, except that licenses may be issued to corporations in other states of the United States if they are authorized to transact business in Rhode Island [§ 3-5-10 of the Rhode Island General Laws (as amended)].
(b) 
Corporate applicants with 25 stockholders or fewer must provide a list of the names and addresses of all stockholders. Officers and members of the Board of Directors and each person listed must be a suitable person to hold a license within the discretion of the Board of the Rhode Island General Laws (as amended).
(c) 
Failure of a corporation to report the acquisition of a ten-percent-interest and any change of officers or directors within 30 days [§ 3-5-10 of the Rhode Island General Laws (as amended)].
(d) 
The applicant has a criminal record or repeat violations of the alcoholic beverage laws [§ 3-5-10 of the Rhode Island General Laws (as amended)].
G. 
Notice on suspension or revocation. Prior to the revocation or suspension of a license, the Board shall send notice by mail to the licensee and give the licensee the opportunity to show cause why the license should not be suspended or revoked. The notice shall provide:
(1) 
The factual basis for the revocation or suspension.
(2) 
The date on which the show-cause hearing is to be held.
A. 
All licenses, except Class F, F-1 and F-2 licenses, shall be renewed each year in accordance with these rules and regulations and state law.
[Amended 4-6-1998 by Ord. No. 98-1]
B. 
License renewal applications shall be submitted on the same application form as an original application, except that the application shall indicate that it is a renewal application. The license renewal application should be submitted by October 1 to allow time for processing and advertising. Failure to submit a timely license renewal application shall be grounds for denying renewal of the license.
C. 
A nonrefundable processing fee of $25 shall be submitted with each application for renewal or a new license. [§ 3-7-6 of the Rhode Island General Laws (as amended)]. The full license fee will be due and payable upon approval and delivery of the license.
D. 
Failure of the Board to act on a license renewal application, timely submitted and fully completed and executed, shall cause the existing license to be extended until such time as the Board acts on the application [§ 42-35-14 of the Rhode Island General Laws (as amended)].
E. 
Renewal conditions:
(1) 
The holder of a license is entitled to have the license renewed, provided that:
(a) 
The license renewal application is completed and timely submitted by October 1.
(b) 
The applicant meets all the criteria for issuance of the initial license.
(2) 
The Board may refuse to renew the license for cause. Cause shall include but is not limited to:
(a) 
One or more incidents of disorderly conduct within the licensed premises or without the licensed premises if the conduct can be shown to have its genesis within the premises.
(b) 
Failure to comply with state and local health and safety laws, codes, ordinances, rules and regulations.
(c) 
Failure to comply with state and local alcoholic beverage laws, codes, rules and regulations.
(d) 
Delinquency of the applicant in payment of municipal taxes and user fees due the Town of Barrington or any of its enterprise entities.
(e) 
Failure to furnish a tax certificate from the Rhode Island Division of Taxation.
(f) 
Compliance with all town ordinances and Board rules, regulations, policies and procedures, including but not limited to § 124-31 of this Code.
[Added 8-2-1999 by Ord. No. 99-5]
(3) 
The Licensing Board, upon its own motion or upon the petition of a license holder or transferee who has filed an application for transfer of the license, if it is satisfied that the grounds which caused the imposition of the condition no longer exist, may in its sole discretion order their removal or modification.
F. 
Notice. It shall not be necessary to provide notice by mail for abutting landowners for license renewals.
G. 
Advertisement. The license renewal application shall be advertised in a newspaper of general circulation in the Town of Barrington. The advertisement shall provide the date and time of the meeting at which the renewal application shall be considered.
A. 
"Relocation" means the moving of the license to a new location; "transfer" means conveyance of the Class BV or BVL licenses to another person [§ 3-5-19 of the Rhode Island General Laws (as amended)]. Classes A, D, E, F-1 and F-2 licenses are not transferable.
[Amended 4-6-1998 by Ord. No. 98-1; 5-9-2011 by Ord. No. 2010-8]
B. 
Notice of application of relocation must be treated simply as a new application in a new location.
C. 
No transfer to another person shall be permitted unless indebtedness of the licensee incurred in the operation of the licensed premises shall be paid to or released by an objecting creditor. If the debt is disputed, the transfer may be permitted upon the sworn statement of the licensee that the debt is disputed and the dispute is not being raised to facilitate the transfer [§ 3-5-19 of the Rhode Island General Laws (as amended)]. Creditors cannot object to a transfer resulting from a proceeding in bankruptcy, receivership, probate or other judicial process.
D. 
No transfer to another business shall be permitted unless a certificate of good standing is issued by the State of Rhode Island Division of Taxation indicating all state taxes have been paid. Class A licenses revert to the Town and are not transferrable.
[Amended 5-9-2011 by Ord. No. 2010-8]
E. 
The Board has not adopted a policy of prohibiting all relocations or transfers but has general discretionary authority to deny relocations or transfers of a license based upon the same criteria which it has established for issuance of an original license, balancing these criteria with due consideration for the existing license holder's financial interest in the license.
(1) 
Criteria for relocation applications:
(a) 
Compliance with all town ordinances and rules and regulations of this Board.
(b) 
Citizen reaction to the application.
(c) 
Proximity of location to residential areas, commercial districts, schools, churches and other establishments licensed for the sale of alcoholic beverages.
(d) 
Impact on traffic and parking.
(e) 
Impact on existing municipal services and requirements, if any, for new municipal services.
(f) 
Whether a license will be a major component of the business at the new location or an auxiliary use to an eating establishment.
(g) 
Impact on public safety, welfare and health.
(h) 
The history of the operation at both the old premises and the new premises for which a license is requested.
(i) 
The anticipated proportion of unsupervised patrons under 21 years of age at the new location.
(j) 
Effect on neighborhood real estate values.
(2) 
Criteria for transfer application:
(a) 
Qualifications of the transferee to hold and operate the license.
(b) 
Compliance with all town ordinances, rules and regulations.
(c) 
Such other public heath and safety factors as each individual application may present.
A. 
The Board shall have the authority to impose reasonable restrictions upon a license, whether newly issued, renewed, transferred or relocated, provided that the restrictions are designed to promote the reasonable control of alcoholic beverages.
B. 
After a hearing, the Licensing Board may impose such other or further conditions upon a license holder or transferee which may be necessary to promote the reasonable control of alcoholic beverages within the Town of Barrington or to protect the health, safety ad welfare of the inhabitants of the community.
C. 
General rules. The Licensing Board for the Town of Barrington, in order to promote the reasonable control of alcoholic beverages within the community, hereby enacts the following conditions governing liquor licenses heretofore and hereafter issued, transferred or renewed within the Town of Barrington. These conditions shall supplement all other applicable local and state laws, regulations, rules and requirements governing liquor licenses:
(1) 
A license must be posted in plain view and shown to any authorized person on demand. In addition, 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.
(2) 
The holder of a Class B license shall post in a conspicuous and visible area a copy of the current menu utilized by the holder of the Class B license, which menu shall be visible to patrons prior to entering the premises.
(3) 
The licensee shall designate the name and home address of two individuals, as representatives of the licensee, who shall be contacted by the Police Department or other safety office within the town in the event of a complaint or other emergency.
(4) 
A telephone and a sufficient number of restroom facilities, accessible to patrons and in good working order, must be maintained by all holders of Class BV, BVL, D and F licenses on the main floor within each licensed establishment.
(5) 
The licensee shall not allow the admittance of any person which would constitute overcrowding within the premises, based upon the seating capacity restrictions for the licensed premises.
(6) 
No alcoholic beverages shall be sold, served or dispensed after the legal closing hour. Pursuant to § 3-7-7 of the Rhode Island General Laws (as amended), the Board establishes the following times for the dispensing of Class B alcoholic beverages:
(a) 
Monday through Saturday from 6:00 a.m. to 11:00 a.m.; Sunday from 9:00 a.m. to 1:00 a.m. [§ 3-7-7 of the Rhode Island General Laws (as amended)].
[Amended 7-7-2008 by Ord. No. 2008-7]
(b) 
The hours of dispensing and serving alcoholic beverages by holders of Class F licenses shall be governed by §§ 3-7-14 and 3-7-14.1 of the Rhode Island General Laws (as amended).
(7) 
Consumption of alcoholic beverages is allowed only on the licensed premises and is prohibited in the parking area of a Class B, D or F license holder.
(8) 
No patron shall be admitted on the premises after the legal closing hour.
(9) 
All patrons shall leave the license premises within 1/2 hour after the legal closing hour.
(10) 
All employees shall leave the licensed premises within two hours after the required closing time. However, the owner and/or general manager or bona fide employee of any establishment may remain on the premises for a period of no longer than two hours after the legal closing hour for the purpose of cleanup and maintenance. The owner and/or general manager or bona fide employee may enter or be in an establishment at any time for legitimate business purposes; provided, however, that the owner or general manager must first inform the police of his, her or their entering the licensed premises. Management and bona fide employees may not consume, dispense or open alcoholic beverages or beverage containers after the legal closing hour. No employee shall be allowed on the premises for maintenance purposes earlier than two hours before the legal opening, and during this period, there shall be no consumption or dispensing of alcoholic beverages.
(11) 
In the event of extenuating circumstances, the licensee may request an extension of time from the commanding officer on duty at the Barrington Police Department. Such an extension, if granted, shall be for a specified time period.
(12) 
Notwithstanding the above, routine, periodic services, such as duct cleaning and carpet shampooing, the performance of which are outside the above hour restrictions, shall require the permission of the Police Chief 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 Police Chief within 24 hours after the incident. Abuse of this privilege shall not be tolerated.
(13) 
In all events, no person, other than an owner, manager, authorized employee, police and enforcement personnel, shall be admitted to the premises after the required closing time.
(14) 
Each license holder shall have available for production upon request of an authorized public safety official a list of all management personnel and employees authorized to be within the establishment after the legal closing hours during cleaning hours. Such list shall be conveniently available to all full-time and part-time management personnel for production upon request. Such listing shall be maintained and updated every 90 days or immediately upon a change in employees, whichever shall first occur.
(15) 
At all times while the premises are occupied, police and other enforcement officials must be admitted and granted access to the entire licensed premises, including the parking lot and other areas surrounding the building. No entrance-prevention device, such as bolts or other methods, shall be allowed during business hours for the purpose of preventing other patrons or law enforcement officials from freely entering and exiting the premises.
(16) 
No licensee or any agent, servant, employee or representative thereof shall in any way interfere with the official duties or activities of any such police or other enforcement official.
(17) 
The licensed premises, associated parking and outside areas and the conduct of patrons, thereon and therein 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 patron, agent or employee is engaged in any unlawful activity.
(18) 
Parking for the licensed premises must comply with the ordinances of the Town of Barrington. The owner of the premises must provide for sufficient parking. These parking requirements may be satisfied by off-street parking if valet parking is provided by the licensee.
(19) 
With respect to all events and fund raisers sponsored by holders of a Class F license, the licensee will be required to have on-duty police officers for the purpose of monitoring parking and pedestrian traffic to and from the event should such monitoring be necessary in the discretion of the Police Chief.
(20) 
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.
(21) 
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 these rules and regulations. In no event shall alcoholic beverages or a container for alcoholic beverages as offered by the license holder to its patrons be permitted to be removed from the interior of the premises of the license holder.
(22) 
All fights, disturbances of any nature, violence or any other violation of the law in the licensed premises or adjacent areas under the control of the licensee shall immediately be reported to the Barrington Police Department by management or employees. Copies of police reports on serious repeat offenders shall be delivered to theLicensing Board. Such reporting by the management or employees shall be viewed positively when considering violations against the licensee.
(23) 
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 representatives shall promptly identify themselves to any police or other enforcement official when requested to do so.
(24) 
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 or her official duties on or within the licensed premises or adjacent parking lot or other areas surrounding the premises.
(25) 
Live or recorded entertainment shall be permitted pursuant to an entertainment license only between the hours of 11:00 a.m. and 11:00 p.m. at any premises which have been issued Class BV or Class BVL alcoholic beverage licenses. No live entertainment permitted under this subsection may be amplified except for the human voice.
[Amended 8-10-1993 by Ord. No. 93-42; 1-27-1994 by Ord. No. 94-1; 12-5-2005 by Ord. No. 2005-10]
(26) 
No license holder shall permit any ordinance of the Town of Barrington to be violated on or within its premises by any agent, servant, employee or representative thereof.
(27) 
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.
(28) 
Should a license be issued for a premises located within or adjacent to a residential neighborhood, then in such event the licensee may be required to provide sound-screening to the premises in order to avoid noise disturbances within the residential neighborhood. In addition, the landscaping in the area of the licensed premises shall be maintained in conformity with the surrounding landscaping of the residential neighborhood.
(29) 
Upon repeated complaints by neighbors, license holders shall be required to keep all doors and windows closed year round and shall provide appropriate ventilation and air-controlling devices necessary to maintain such closed doors and windows.
(30) 
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 and debris.
(31) 
The licensed premises shall comply with all zoning ordinances, including but not limited to all ordinances of the town pertaining to signs.[1] In particular, the exterior of the licensed premises shall not contain neon signs of any type or kind. Window signs shall be limited and shall take up a space of no more than a total of 10% of the total window area and shall first be approved by the Licensing Board. There shall be no signs placed above the cornice or roofline nor shall any inflatable symbols or structures, permanent or temporary, in connection with outdoor promotional advertising be permitted upon the licensed premises.
[1]
Editor's Note: See Ch. 185, Zoning, Art. XII, Signs.
(32) 
The Licensing Board may, if it deems it reasonable and necessary for public health and safety, require a license holder, at its own expense, to provide security personnel and/or off-duty police officers at the licensed premises during certain specified times.
(33) 
Holders of licenses issued by the Licensing Board of the Town of Barrington must notify the Board through the Town Clerk within 60 days of any of the following changes occurring in the business of the licensee:
(a) 
If a partnership: 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.
(b) 
If a corporation having fewer than 25 stockholders:
[1] 
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.
[2] 
All newly elected officers or directors must be reported to the Town Council within 30 days.
[3] 
Any acquisition by any person of more than 10% of any class of corporate stock must be reported within 30 days.
[4] 
Notice of any transfer of 50% or more of any class of corporate stock, whether such transfer takes place at one time or over the course of a year, shall be made to the Licensing Board of the Town of Barrington only by written application to the Board subject to the procedures for a transfer of a license.
(34) 
Required training and certification.
[Amended 5-9-2011 by Ord. No. 2010-8; 7-15-2013 by Ord. No. 2013-7]
(a) 
All owners, management, and alcohol servers of the licensee shall be required to view a local substance abuse prevention training presentation annually; and all alcohol servers and sellers of the licensee shall be required to view a local substance abuse prevention training presentation prior to commencement of serving alcoholic beverages and annually thereafter starting with the next training offered. The licensee and employees shall be required to produce proof of attendance at such program to the Police Chief within 30 days of hire. The substance abuse program shall be approved by the Barrington Police Department and the Town Council/Licensing Board after a review by the Barrington Substance Abuse Task Force.
(b) 
In addition, all management and employee personnel of all liquor establishments within the Town shall have taken and been certified as having completed the alcoholic servers program administered by appropriate and recognized agencies. Persons currently certified will continue to be recognized as qualified. Any new employees of license holders shall be required to have completed such course within one month of employment or license award or transfer.
(c) 
As a condition of license renewal, and as part of any license renewal application, each licensee much submit to the Town Clerk information verifying that all persons employed by the licensee for more than 30 days in the past year have completed a certified alcohol server training program and local training program within the last year.
(d) 
All persons who have completed certified alcohol server training and local training as required herein must have their valid server permits on the premises when engaged in the sale or service of alcoholic beverages.
(e) 
The Town Clerk shall maintain a list of certified alcohol training programs which meet said criteria.
(f) 
Local trainings will occur annually as scheduled by the Town Substance Abuse Task Force and Police Department prior to the October 1 application for renewal deadline.
(g) 
Penalties.
[1] 
If an establishment is found by the police to have someone serving or selling alcohol who cannot produce proof of local and state training who is in a position to serve or sell alcohol, there will be 24 hours for the establishment to produce proof of such training to the police station. Failure to produce said proof will result in a fine of $50 to the licensee (police will issue a summons for violation of Town ordinance). Funds collected will be utilized for future compliance checks.
[a] 
If a summons is issued, that would be considered a first offense for the licensee for training noncompliance.
[b] 
If the same establishment is found to have a second instance where an employee is unable to produce proof of local and state training, this offense may result in suspension of said license for a period of up to two weeks.
[c] 
A third offense may result in a suspension of license for the remainder of the license period.
[2] 
Any establishment with an employee who fails to attend the annual scheduled training will pay $50 per employee to have the employee view a makeup session during the month of November. If an individual was hired after the date of the annual training and had not been recently employed by the establishment, he or she may attend a session as a new hire, free of charge, within the required 30 days. Collected fines will be given to the Substance Abuse Task Force for training costs.
(35) 
In addition to the provisions as set forth in § 63-13, the license holder shall not allow minors to loiter in or around the premises. The license holder shall not permit the serving of alcoholic beverages to minors nor shall they permit the serving of alcoholic beverages to persons who are intoxicated and, in the licensee's judgment, cannot reasonably be expected to be responsible for their own safety and the safety of others.
(36) 
The licensee shall not allow minors to be seated or dine in the area of the licensed premises designated as the "bar" area.
(37) 
Any attempt to utilize false identification must be immediately reported to the police.
(38) 
All license holders must strictly comply with the conditions pertaining to minors. In addition to penalties as mandated by state law and as set forth in § 63-13, violations shall be considered cause for immediate suspension or revocation of the license.
(39) 
The licensee shall review the rules and regulations set forth in these conditions with all employees, agents, servants and representatives thereof.
(40) 
Such restrictions and regulations shall be acknowledged[2] by the license holder upon issuance of the license or any renewal thereof and shall be binding upon all persons to whom the license is transferred. Such licensee shall be bound and responsible for adherence hereto by all his/her employees, agents or assignees.
[2]
Editor's Note: See the Acknowledgement Form at the end of this chapter.
D. 
Class A liquor license. The Licensing Board for the Town of Barrington, in order to promote the reasonable control of alcoholic beverages within the community, hereby enacts the following additional conditions governing Class A liquor licenses hereafter issued or renewed within the Town of Barrington. These conditions shall supplement all other applicable local and state laws, regulations, rules and requirements governing liquor licenses:
[Added 5-9-2011 by Ord. No. 2010-8]
(1) 
Service of liquor on the premises in general.
(a) 
Consumption of alcoholic beverages shall not be allowed on premises of license holders or in the parking lot of license holders except as part of a wine or beer sampling as authorized pursuant to R.I.G.L. § 3-7-4.1.
(b) 
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.
(c) 
Minors shall not be allowed to loiter in or around premises.
(d) 
Licensees shall maintain a written policy for checking IDs which every employee shall be familiar with.
(e) 
Any attempt to use false ID shall be immediately be reported to the police.
(f) 
Age-verification equipment shall be used at point of sale used to sell alcohol.
(g) 
Licensees shall post alcohol warning signs prominently throughout the premises.
(h) 
All persons holding licenses shall not dispense beverages on any day of the week between 10:00 p.m. and 7:00 a.m.
(i) 
No alcoholic beverages shall be sold after the legal closing hour.
(j) 
No person shall be admitted to the premises after the legal closing hour of 10:00 p.m.
(k) 
Class A licenses shall revert back to the Town when the license holder no longer seeks to renew the annual license.
[Added 11-7-2011 by Ord. No. 2011-10]
A. 
Pursuant to § 3-8-10 of the Rhode Island General Laws (as amended), no alcoholic beverages shall be sold to any person under the age of 21 at the time of the purchase. All owners of alcoholic beverage establishments must utilize a so-called "minor's book" to register any individual purchasing or consuming alcoholic beverages whose appearance shall, to a prudent person, seem to raise doubt as to the veracity of a claim of being 21 years of age. Any attempt to utilize a false identification must be reported immediately to the Police Department. Minors shall not be permitted to loiter on or around the premises.
B. 
In addition to those penalties as established by §§ 3-8-10 and 3-8-11.2 of the Rhode Island General Laws (as amended), the following are minimum penalties for serving and/or selling to a minor (under age 21):
(1) 
Minor book(s) produced as evidence which shows regular, continuous and diligent use; licensee and/or employee have earned the server training certificate.
(a) 
First offense of serving a minor: warning on record.
(b) 
Second offense within two years of serving a minor: three days' license suspension.
(2) 
No evidence of continuous, regular or diligent use of minor book(s):
(a) 
First offense of serving a minor: three days' license suspension.
(b) 
Second offense within three years of serving a minor: six days' license suspension.
Notwithstanding any penalties as established by Rhode Island General Laws and in addition to the suspension or revocation of the liquor license as set forth herein, any applicant who violates the provisions of the within rules and regulations and the conditions/restrictions as contained herein may be assessed a penalty in a sum not to exceed $500 for each violation.
These rules, regulations, policies and procedures of the Town of Barrington Licensing Board may be amended at any time and from time to time by the Board by a majority vote, provided that any amendments thereto shall not be acted upon any sooner than the meeting immediately following the meeting at which such amendment(s) was (were) introduced. Amendments may be submitted by a single member or by petition of any citizen of the Town or by a license holder under the jurisdiction of the Board.
ACKNOWLEDGEMENT
Date of Proposal:
Board Member
Date Adopted:
Acknowledgement of license holder:
The undersigned, holder of a Class _______ license issued by the Licensing Board of the Town of Barrington acknowledges the rules, regulations, policies and procedures as set forth within. The undersigned, as licensee, further acknowledges that said rules, regulations, policies and procedures as set forth herein are binding upon the licensee, and the licensee is herewith responsible for adherence of these rules and regulations, policies and procedures by all its employees, agents and assignees.
  Licensee:
Dated: