NOTICE PUBLIC HEARING---CHAPTER 89 - ALCOHOLIC BEVERAGES

    NOTICE
    PUBLIC HEARING

    Notice is hereby given that the Town Council will be in session at the Town Hall, Council Chambers, 1670 Flat River Road, Coventry, Rhode Island on Monday, July 24, 2017 at 7:00 p.m. for considering the proposed amendment to the following Ordinance:


    CHAPTER 89 - ALCOHOLIC BEVERAGES

    ARTICLE I
    Possession on School Property and Other Public Property

    § 89-1. Definitions.

    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    ALCOHOLIC BEVERAGE — Any liquid which either by itself or by mixture with any other liquid is or may become fit for human consumption as a drink, and which contains 0.5 of 1% or more of alcohol by weight.

    INTOXICATING BEVERAGE — A beverage which contains more than 3.2% of alcohol by weight.

    MALT BEVERAGE — Any beverage which is usually produced at breweries, as distinguished from distilleries.

    POSSESSION — Control or ownership.

    PUBLIC PLACE — Any land and buildings belonging to the Town, excluding the Town Community Center building or other Town buildings utilized for social gatherings or designated by the Town Council for community social gatherings.

    SCHOOL PROPERTY — Any land and buildings under the care, custody and control of the Town School Committee.

     

    § 89-2. Possession prohibited.

    No person shall be in possession of any alcoholic beverage, intoxicating beverage or malt beverage while on or in and about school property within the Town. No person shall be in possession of any alcoholic beverage, intoxicating beverage or malt beverage while on or in and about any public place belonging to the Town. The Council, in its sole discretion, may waive this prohibition upon request.

    § 89-3. Possession within vehicle.

    A. When beverages prohibited in this article are found within any vehicle, the owner or driver of the vehicle, if present, shall be considered in possession of the beverage.

    B. When beverages prohibited in this article are found within a vehicle wherein there is more

    than one occupant, all occupants shall be considered in possession.

     

    § 89-4. Violations and penalties.

    Any person found violating this article shall be punishable as set forth in Chapter 1, General Provisions, § 1-2, of the Code of the Town of Coventry. Fines are to be recovered to the use of the Town.

    § 89-5. Enforcement.

    The enforcement of this article shall be by the Town Police Department and violations shall be prosecuted in the same manner as arty misdemeanor violation.

     

    ARTICLE II

    Possession and Consumption in Public Areas

    § 89-6. Consumption prohibited.

    It shall be unlawful for any person to consume alcoholic beverages from any bottle, glass or metal container, or any other container, on any public street, highway, park, recreation area or other public place, including while in or upon a motor vehicle which is either moving or stopped in the Town.

    § 89-7. Possession in other than unopened container prohibited.

    It shall be unlawful for any person to possess alcoholic beverages other than in the original unopened condition on any public street, highway, park, recreation area or other public place, including while in or upon a motor vehicle which is either moving or stopped in the Town.

    § 89-8. Violations and penalties.

    Violations of this article shall be punishable as set forth in Chapter 1, General Provisions, § 1-2, of the Code of the Town of Coventry.

     

    ARTICLE III

    Local Liquor Licensing Board

    § 89-9. Council established as Local Liquor Licensing Board.

    The Coventry Town Council shall be designated the local liquor licensing board and shall exercise such powers and duties related to licensing of establishments that sell alcoholic, intoxicating or malt beverages as may be proscribed by law or ordinance.

    In addition to the enforcement of the provisions of this Article and of Chapter 153 pertaining to licensed establishments, the local liquor licensing board has the power to enforce Title 3 of the Rhode Island General Laws, pertaining to alcoholic, intoxicating or malt beverages applicable to such licensees within the jurisdiction of the Town of Coventry.

     

     

     

    § 89-10. Reporting of violations to local liquor licensing board.

    The local liquor licensing board shall receive from the police department notification of the violation of the terms of any license issued by the Town of Coventry, including the breach of any condition on which said license is issued, as well as notification of any violation of any rule, regulation, ordinance, or statute applicable thereto as well as any information concerning a person holding any such license which relates to the fitness of such person to be licensed. Similar information shall be furnished to the local licensing board by any officer, department, or agency of the town as to matters within the officer's or agency's jurisdiction concerning licensees and/or licensed premises.

    § 89-11. Authority to suspend license.

    Unless otherwise provided by state law, the local liquor licensing board may suspend, annul, rescind, cancel or revoke any license issued by said liquor licensing board for any reason which the board may deem to be in the public interest; provided, however, that no license shall be suspended for more than seventy-two (72) hours, or annulled, rescinded, cancelled, or revoked unless the licensee shall have been given at least three (3) days' written notice of the action proposed to be taken and the grounds therefor and the time and place of the hearing. Said licensee shall also be notified of the right to be represented by legal counsel at said hearing.

    §89-12. Violations and penalties.

    1. In addition to any criminal penalties which may be imposed by a court or law, any holder of a liquor license issued by the Town of Coventry who breaches any condition on which the licensee is issued, or who violates any rule, regulation, ordinance, or statute applicable thereto, shall be subject to a fine as set forth below and/or suspension or revocation of license. Each separate violation hereunder shall be considered a separate offense even if multiple violations occur on the same date or arise out of the same incident. In the event that there are no offenses within thirty-six (36) successive months of the date of the last offense, then the next offense, then the next offense shall be treated as a first offense. The local liquor licensing board may, in its sole discretion request a donation be made to a non-profit substance abuse or alcohol abuse prevention organization as a payment-in-lieu-of-fine.
    2. Categories of Violations.

    (1) Public safety violations. For the purposes of this Article, public safety violations are considered the most serious because they present a direct threat to public safety. These violations include, but are not limited to: sale or service to a minor:

    sale or service to an apparently intoxicated person; disorderly conduct by licensee, employee, or permitting the same on the premises [See also: RIGL § 3-5-23]; and, refusal to allow inspection and/or obstructing a law enforcement officer from performing his or her official duties.

    (2) Regulatory violations. For the purposes of this Article, regulatory violations are those violations involving general regulation and administration of licensees as set forth in these ordinances or under Title 3 of the Rhode Island General Laws. These violations include, but are not limited to: failure of employee(s) to have mandatory, current alcohol server training certificate; failure to follow or abide by closing time rules or regulations; failure to follow or abide by other regulations set forth in these ordinances, or under Title 3 of the Rhode Island General Laws, or promulgated by the Rhode Island Department of Business Regulations.

     

     

     

    C. Minimum Penalties. Except for a payment-in-lieu-of-fine, no penalty imposed hereunder shall be less than:

    1. For a first offense, a mandatory minimum fine of $250.00.
    2. For a second offense in a thirty-six (36) month period, a mandatory minimum find of $300.00.
    3. For a third offense in a thirty-six (36) month period, a mandatory minimum penalty of a fine of $400.00 and a three-day license suspension.

    D. Maximum Penalty. Notwithstanding any other provision of this Article, a second or subsequent offense in a thirty-six (36) month period shall be subject to a maximum fine of up to $1000.00 for each separate violation, even if multiple violations occur on the same date or arise out of the same incident.

    If approved, this Ordinance will take effect upon passage.

    Individuals requesting interpreter services for the hearing impaired must notify the Town Clerk's Office at 822-9173 seventy-two (72) hours in advance of the hearing date.

    Per Order of the Town Council