[HISTORY: Adopted by the Town Council of
the Town of Lincoln as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 101.
License fees — See Ch. 117.
Licenses and business regulations — See Ch. 161.
Parks and recreation — See Ch. 183.
STATE LAW REFERENCES
Number of licenses — See R.I.G.L.
§ 3-5-16.
Retail licenses — See R.I.G.L.
§ 3-7-1 et seq.
[Adopted 11-20-1979 (Ch. 13, Art. I, § 13-4,
of the 1990 Code of Ordinances)]
No beer, wine or any other alcoholic beverage
shall be consumed in any motor vehicle, or on any Town street or sidewalk,
or within any park, playground, recreational area, shopping area,
parking lot or any other public place.
The Town Council, acting as the Board of Licenses, may grant special permits to allow the consumption of alcoholic beverages in otherwise prohibited areas, provided that such permit is specific as to time, place and duration. The provisions of § 70-1 shall not apply when a permit has been granted.
[Added 5-15-2007 by Ord. No. 07-04]
It shall be unlawful for any person to consume
alcoholic beverages from any type of a container while on or within
the premises of a restaurant, victualling house, or any establishment
engaged in the business of preparing food for consumption either on
the premises or for takeout that has not been issued a valid liquor
license by the Board of License Commissioners of the Town of Lincoln.
[Adopted 11-20-2007 by Ord. No. 07-16]
Pursuant to § 3-7-11 of the Rhode
Island General Laws (as amended), the following is herewith adopted.
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 Lincoln, shall be issued, governed, controlled and regulated
by the Town Council, in its capacity as the Board of Licenses (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
Rhode Island Department of Business Regulation, Liquor Enforcement
and Compliance.
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.
[Amended 4-10-2012 by Ord. No. 2012-4; 10-21-2014 by Ord. No. 2014-16; 5-15-2018 by Ord. No. 2018-2]
A.
The Town of Lincoln, through its Licensing Board, is authorized to
issue the following classes of liquor licenses: all Class A, BV, BVL,
B-C, C, D Limited and D Full, and B-H, and BT, F and F-1 licenses.
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 10-16-2018 by Ord. No. 2018-6; 6-16-2020 by Ord. No. 2020-3; 4-17-2023 by Ord. No. 2023-2]
|
Class of License
|
Maximum Number
|
|---|---|
|
BV
|
25
|
|
BVL (Limited)
|
6
|
|
C (nonprofit only)
|
2
|
|
C (within a casino gaming and entertainment facility, including
hotel)
|
2
|
|
D (Limited and Full)
|
3
|
|
F
|
As applied for
|
|
BH
|
1
|
|
BT
|
2
|
|
B-C
|
1
|
B.
The issuance of a class B-C license is subject to the following conditions:
(1)
The licensee is a licensed gaming and entertainment establishment
that is authorized to operate 24 hours a day.
(2)
The licensee provides a twenty-four-hour security plan to the Chief
of Police for the Town of Lincoln, updated as needed on a quarterly
basis.
(3)
The security plan set forth in Subsection B(2) above shall provide for a sufficient detail of Lincoln Police Officers to the licensee's property on the nights for which extended hours are granted.
(4)
A liquor
license issued to the casino gaming and entertainment facility hereunder
shall allow the operator/licensee to serve in the hotel facet of the
casino gaming and entertainment facility in accord with the hours
of the license issued hereunder and also, in accord with the hours
as if the license was also issued pursuant to Rhode Island law regarding
a Class B-H license. This condition Number 4 does not preclude a potential
Class C licensee maintaining a licensed premises within the hotel
facet of the casino gaming and entertainment facility, if approved.
C.
The issuance
of a Class C license within a casino gaming and entertainment facility,
including the hotel, is subject to the following conditions:
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 Lincoln or to protect the health, safety and welfare
of the inhabitants of the community.
C.
General rules. The Licensing Board of the Town of
Lincoln, 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 Lincoln. 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 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.
(3)
A telephone and a sufficient number of rest room facilities,
accessible to patrons and in good working order, must be maintained
by all license holders on the main floor within each licensed establishment.
(4)
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.
(5)
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 alcoholic beverages:
(a)
Monday through Sunday from 12:00 noon to 1:00
a.m. [§ 3-7-7 of the Rhode Island General Laws (as amended)].
(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).
(c)
The hours of dispensing and serving alcoholic beverages by holders
of Class B-C licenses shall be governed by § 3-7-7.6 of
the Rhode Island General Laws (as amended).
[Added 10-21-2014 by Ord.
No. 2014-16]
(6)
Consumption of alcoholic beverages is allowed only
on the licensed premises and is prohibited in the parking area of
the license holder.
(7)
With the exception of Class B-C license holders, no patron shall
be admitted on the premises after the legal closing hour.
[Amended 10-21-2014 by Ord. No. 2014-16]
(8)
With the exception of Class B-C license holders, all patrons shall
leave the licensed premises within 1/2 hour after the legal closing
hour.
[Amended 10-21-2014 by Ord. No. 2014-16]
(9)
With the exception of Class B-C license holders, all employees shall
leave the licensed premises within one hour 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 to be in an establishment at any time for
legitimate business purposes; provided, however, that the owner or
general manager must first inform the Lincoln Police Department 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.
[Amended 10-21-2014 by Ord. No. 2014-16]
(10)
In all events, no person, other than an owner, manager, authorized
employees, police and enforcement personnel, shall be admitted to
the premises after the required closing time. Notwithstanding the
above, this subsection shall not apply to Class B-C license holders.
[Amended 10-21-2014 by Ord. No. 2014-16]
(11)
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.
(12)
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.
(13)
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.
(14)
Patrons shall not be allowed to consume any alcoholic
beverage in the associated parking area 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.
(15)
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 Lincoln Police Department by management or employees. A list
of such violations shall be delivered to the Board on a quarterly
basis by the Police Department. Copies of police reports on serious
repeat offenders shall be delivered to the Board by the Police Department.
(16)
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.
(17)
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.
(18)
After hearing, the Board may impose such other or
further conditions upon a licensee or transferee which may be necessary
to promote the reasonable control of alcoholic beverages within the
Town of Lincoln or to protect the health, safety and welfare of the
inhabitants of the Town.
(19)
Required training and certification.
[Amended 4-15-2014 by Ord. No. 2014-04]
(a)
All management of the licensee and all employees of the licensee
shall be required to attend a substance abuse training program and
must attain a minimum score of 75% prior to commencement of serving
alcoholic beverages, and be recertified every three years in accordance
with R.I.G.L. § 3-7-6.1(b)(3). The licensee shall be required
to produce proof of attendance at such program to the Police Chief
within 60 days of hire. The substance abuse program shall be approved
by the Lincoln 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, as defined in R.I.G.L. §
3-7-6.1(c). Persons currently so certified will continue to be recognized
as qualified. Any new employees or license holders shall be required
to have completed such course within three months of employment or
license award or transfer.
Any and all liquor licenses granted and issued
by the Board shall be subject to the restrictions set forth in this
article and other restrictions or conditions that the Board may deem
appropriate.
[Amended 10-21-2014 by Ord. No. 2014-16]
All liquor licensees, except for Class B-C licensees, shall
be prohibited from operating after the hour of 1:00 a.m.
At the time of renewal or whenever there is
a change of license holder of all liquor licenses, the license holder,
and all employees of said license holder involved in the dispensing
of alcoholic beverages, shall present evidence of completion of a
training program, such as TIPS (Training for Intervention Procedures
by Servers of Alcohol), TAM (Techniques of Alcohol Management), Serve
Safe Program or a similar certified training program as approved by
the Lincoln Substance Abuse Prevention Task Force or any other committee
or employee of the Town of Lincoln so designated by the Board.
Failure of a license holder to provide evidence
of completion of such a training program shall result in the establishment
being closed until the certificate is provided. An extension of time
to allow for certification may be granted by the Board for good cause
shown.
Any applicant for, or licensee or holder of,
an alcoholic beverage license within the Town must satisfy and pay
any and all tax liabilities prior to the granting of a new alcoholic
beverage license or the renewal of an existing alcoholic beverage
license.
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.
[Added 1-21-2014 by Ord.
No. 2013-18]
A.
Notwithstanding the provisions in § 70-10, the Lincoln Town Council, acting as the Board of Licenses, may issue to a holder of a Class BV license an extended hours permit to extend closing hours on Fridays, Saturdays and nights before a legal state holiday for one hour past such license holder's legal closing time for the license holder's Class BV license, subject to the following conditions:
(1)
The licensee has a valid and enforceable Class BV license that is
in good standing with the Town of Lincoln.
(2)
The licensee is a licensed gaming and entertainment establishment
that is authorized to operate 24 hours a day.
(3)
The licensee provides a twenty-four-hour security plan to the Chief
of Police for the Town of Lincoln, updated as needed on a monthly
basis.
B.
The fee schedule for the extended hours permit shall be $200 per
day for each Friday, Saturday and legal state holiday, payable in
advance upon issuance of the license for a time period as set by the
Lincoln Town Council, acting as the Board of Licenses.
C.
This section shall take effect upon passage, and unless renewed by the Lincoln Town Council, the amendments to Chapter 70 contained herein shall be repealed on December 31, 2014.
[Amended 8-19-2014 by Ord. No. 2014-10]
D.
The Rhode Island General Assembly has enacted R.I.G.L. § 3-7-7.6, entitled "Casino License - Class B-C," which creates a Class B-C alcoholic beverage license that permits a license holder to sell alcoholic beverages until 2:00 a.m. on Fridays, Saturdays and nights before federal and state legally recognized holidays. Therefore, pending the issuance of Class B-C licenses for the year 2015 by the Town of Lincoln, the date set forth in Subsection C above, and any existing BV extended hours licenses, shall be extended up to and including December 31, 2014. The fee for an extension of an extension of an existing BV extended hours license until December 31, 2014, shall be 1/12 of $2,500 for three months, which is derived from the annual fee schedule in R.I.G.L. § 3-7-7.6. The provisions of R.I.G.L. § 3-7-7.6(f) shall apply to any holder of a BV extended license.
[Added 8-19-2014 by Ord.
No. 2014-10]
