[HISTORY: Adopted by the Town Council of the Town of Westerly 8-13-1991 by Ch. No. 983 as § 7-10 of the 1991 Code; amended in its entirety 12-14-2009 by Ch. No. 1695. Subsequent amendments noted where applicable.]
[Added 4-28-2014 by Ch. No. 1816]
- VICTUALING HOUSE
- Any shop or place where a substantial part of the business is the furnishing of food for consumption at the place where it is furnished. A victualing house must have a satisfactory kitchen on the proposed premises. A "kitchen" is defined as a room or area that is a permanent part of the primary building in which food is cooked or prepared and at all times meets the minimum requirements of the Department of Health and holds a certificate of occupancy from the Town of Westerly Building Inspector. [Note: For any preexisting, nonconforming victualing house business (owner or non-owner operated) that is damaged and/or destroyed by no fault of their own, that operation could continue as a semipermanent structure with a "grandfathered right."]
Any person, firm or corporation desirous of operating a victualer house between the hours of 6:00 a.m. and 2:00 am. shall first obtain a license in accordance with § 158-6.
Pursuant to RIGL 5-24-1, any person, firm or corporation desirous of operating a victualler house between the hours of 2:00 a.m. and 6:00 a.m. shall first obtain a license in accordance with § 158-2.
Any application for a license or renewal of same shall not be approved until notice of the application is advertised once a week for three successive weeks in a newspaper of general circulation in the town and a public hearing is held before the Licensing Board. The notice shall contain the name of the applicant, the location for which the license is required, the date, time and place of the hearing, and shall state that remonstrants are entitled to be heard. The expense of such advertising shall be borne by the applicant.
All such licenses are granted subject to prior approval of proper authorities as specified in § 158-3.