[Adopted 5-10-1993 by 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]
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; 9-13-2021 by Ord. No. 2021-16; 1-9-2023 by Ord. No. 2022-27]
|
Class of License
|
Maximum Number
|
|---|---|
|
A
|
21
|
|
BV
|
6
|
|
BVL (Limited)
|
51
|
|
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]
(c)
The Police Chief of the Town of Barrington shall review
the completed application and make their report and/or recommendations
to the Board prior to the hearing on the application.
(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.
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:
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:
(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.
(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 transferable.
[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.
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 1:00
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 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 their 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
the Licensing 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 their 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.
(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 BAY Team
(Barrington Prevention Coalition).
[Amended 11-6-2023 by Ord. No. 2023-9]
(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 must submit to the BAY Team 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.
The BAY Team shall forward this information to the Town Clerk. During
any calendar year in which an individual completes a State-certified
alcohol training program, the local training requirement shall not
apply; however, the local training requirement shall apply for the
remainder of the duration of the individual's State-issued server
permit. (For example. if an individual completes a State-certified
training program in 2024, they need not complete the local training
program that year, but must complete the local training program in
2025 and 2026.)
[Amended 11-6-2023 by Ord. No. 2023-9]
(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 BAY Team
and Police Department prior to the October 1 application for renewal
deadline.
[Amended 11-6-2023 by Ord. No. 2023-9]
(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, they may attend a session as a new
hire, free of charge, within the required 30 days. Collected fines
will be given to the BAY Team for training costs.
[Amended 11-6-2023 by Ord. No. 2023-9]
(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 their 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.
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.
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ACKNOWLEDGEMENT
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Date of Proposal:
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Board Member
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Date Adopted:
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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.
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Licensee:
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Dated:
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