§ 3-7-19 - Objection by adjoining property owners – Proximity to schools and churches.
SECTION 3-7-19
§ 3-7-19 Objection by adjoining propertyowners – Proximity to schools and churches. – (a) Retailers' Class B, C and I licenses under this chapter shall not be issuedto authorize the sale of beverages in any building where the owner of thegreater part of the land within two hundred feet (200') of any point of thebuilding files with the body or official having jurisdiction to grant licenseshis or her objection to the granting of the license, nor in any building withintwo hundred feet (200') of the premises of any public, private, or parochialschool or a place of public worship. In the city of East Providence, retailer'sClass A licenses shall not be issued to authorize the sale of beverages in anybuilding within five hundred feet (500') of the premises of any public,private, or parochial school or a place of public worship.
(b) As used in this section, "private school" means anynonpublic institution of elementary or secondary (K-12th Grade) education,accredited or recognized as a private school by the department of elementaryand secondary education or the school committee of the city or town havingjurisdiction over private schools.
(c) This section shall not apply to any Class B or C licenseholder whose license was issued prior to January 1, 1978, nor shall thissection apply to or constitute the basis of an objection to or disapproval ofthe transfer of a Class B or C license where the location of the licensedestablishment predates the location of the public, private, or parochial schoolor place of public worship.
(d) Notwithstanding the provisions of this section, the boardof licenses of the city of Providence shall, after application, have theauthority to exempt from the provisions of this section any proposed retailerClass B, C or I license intended to be located within the following describedarea(s) in the city of Providence:
(A) Beginning at a point, that point being the intersectionof the southerly line of Smith Street and the easterly taking line ofInterstate Route 95;
Thence running in a general southwesterly direction along theeasterly taking line of Interstate Route 95 to the center line of KingsleyAvenue;
Thence turning and running northwesterly in part along thesoutherly line of Kingsley Avenue to its intersection with the southerly lineof Harris Avenue;
Thence turning and running westerly along the southerly lineof Harris Avenue to its intersection with the southerly line of Atwells Avenue;
Thence turning and running easterly along the southerly lineof Atwells Avenue to the easterly taking line of Interstate Route 95;
Thence turning and running in a general southerly andsoutheasterly direction along the easterly taking line of Interstate Route 95to the center line of Pine Street;
Thence turning and running northeasterly along the northerlytaking line of I-195 to its intersection with the northerly taking line ofI-195;
Thence turning and running northeasterly along the northerlytaking line of I-195 to its intersection with the westerly shore line of theProvidence River;
Thence turning and running northerly along the westerly shoreline of the Providence River to its intersection with the southerly line ofCrawford Street;
Thence running northwesterly across Dyer Street to theintersection of the westerly line of Dyer Street to the southerly line ofCustom House Street;
Thence running northerly in part along the southerly line ofDyer Street and in part along the westerly line of Market Square to itsintersection with the westerly line of Canal Street;
Thence turning and running northerly along the westerly lineof Canal Street to its intersection with the southerly line of Smith Street;
Thence turning and running westerly along the southerly lineof Smith Street to the point and place of beginning.
(B) Beginning at a point, that point being the intersectionof the westerly line of Brook Street and the northerly line of Wickenden Street;
Thence running in a general westerly direction along thenortherly line of Wickenden Street to the intersection of Wickenden Street andBenefit Street;
Thence running in a general northerly direction along theeasterly line of Benefit Street to the intersection of Benefit Street andSheldon Street;
Thence turning and running in an easterly direction along thesoutherly line of Sheldon Street to the intersection of Sheldon Street andBrook Street;
Thence turning and running in a general southerly line to theintersection of Brook Street and Wickenden Street that being the point ofbeginning.
(2) Notwithstanding the provisions of this section, the boardof licenses of the city of Newport shall, after application, have authority toexempt from the provisions of this section any proposed retailer Class Blicense intended to be located within the following described area in the cityof Newport:
Beginning at a point, that point being the intersection ofthe northerly line of Touro Street and the easterly line of Spring Street;
Thence running in a general easterly direction along thenortherly line of Touro Street distance of sixty-two and one-tenth feet (62.1');
Thence turning and running northerly to the southerly line ofBarney Street a distance of one-hundred four and two-tenths feet (104.2');
Thence turning and running westerly along the southerly lineof Barney Street a distance of sixteen and five-tenths feet (16.5');
Thence turning and running southerly a distance oftwenty-nine feet (29');
Thence turning and running southwesterly to the easterly lineof Spring Street, a distance of sixty-four feet (64');
Thence turning and running southerly along the easterly lineof Spring Street a distance of fifty-six and eight-tenths feet (56.8') to thepoint and place of beginning.
(3) Notwithstanding the provisions of this section, the boardof licenses of the town of Warren shall, after application, have the authorityto exempt from the provisions of this section any proposed retailer Class B, Cor I license intended to be located within any zoning district in the town ofWarren which is designated as a limited business district or as a generalbusiness district pursuant to the zoning ordinance of the town of Warren.
(4) Notwithstanding the provisions of this section, the boardof licenses of the town of Bristol shall, after application, have the authorityto exempt from the provisions of this section any proposed retailer Class Blicense intended to be located on lot 34 of tax assessors plat 10 of theBristol tax assessors map as of December 31, 1999.
(5) Notwithstanding the provisions of this section, the boardof licenses for the city of Newport shall, after application, have theauthority to exempt from the provisions of this section as to places of publicworship any proposed sidewalk cafe as defined in the Codified Ordinance of thecity of Newport, provided that the applicant be an existing holder of aRetailers' Class B license.
(6) Notwithstanding the provisions of this section, the boardof licenses of the city of Providence shall, after application, have theauthority to exempt from the provisions of this section any proposed retailerClass B license intended to be located on lot 131 of tax assessors plat 68 ofthe Providence tax assessors map as of December 31, 1999 and any proposedretailer Class B license intended to be located on lot 21 of the tax assessorsmap plat 49 and any proposed retailer class BV license intended to be locatedon lots 3 and 5 of tax assessors map plat 35 of the Providence tax assessorsmap as of December 31, 2003.
(7) Notwithstanding the provisions of this section, the boardof licenses of the city of Cranston shall, after application, have theauthority to exempt from the provisions of this section any proposed retailerClass B license intended to be located on either lot 160 of tax assessor's plat9, and/or on lot 152 of tax assessor's plat 9, of the Cranston tax assessor'smap as of December 31, 2002; provided, however, as to the subsequent transferof said Class B license issued by the city of Cranston under this exemption,whether said transfer is attributable to the holder's death or otherwise, anyperson desiring to become the potential transferee of said Class B licenseshall comply with those restrictions as to its use (and shall refrain fromthose activities which result in its reversion) set forth in the city ofCranston Memorandum of Understanding dated May 13, 2003 and, in addition, thoserequirements applicable to anyone who desires to become a transferee of avalidly issued and outstanding Class B license designated for use in anylocation in the State of Rhode Island. Neither the exemption granted herein norany future exemption granted hereafter shall be effective until the proposedClass B license and the underlying property owner is certified to be current inthe payment of any and all local and state taxes.
(8) Notwithstanding the provisions of this section, the boardof licenses of the city of Pawtucket shall, after application, have theauthority to exempt from the provisions of this section any proposed retailerClass B, C or I license intended to be located within the following describedarea in the city of Pawtucket:
Beginning at the point of intersection of Dexter Street andthe Central Falls line, then east along the Central Falls line to theBlackstone River, then north along the city boundary on the Blackstone River tothe Cumberland line, then west along the Pawtucket city boundary line to I-95,then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Rightof Way, then northwest along the AMTRAK Right of Way to Dexter Street, thennorth on Dexter Street to the Central Falls line.
(9) Notwithstanding the provisions of this section the towncouncil of the town of Little Compton, after application, is authorized toexempt from the provisions of this section relating to places of worship anyclass B license limited to malt and vinous beverages intended to be located onPlat 30, Lot 33 of the town of Little Compton tax assessment map existing as ofDecember 31, 2004.
(10) Notwithstanding the provisions of this section, theboard of licenses of the town of Bristol shall, after application, have theauthority to exempt from the provisions of this section any proposed retailers'Class B license intended to be located on lots 3, 18, and 19 of tax assessorsplat 10 of the Bristol tax assessors map as of December 31, 2007.
(11) Notwithstanding the provisions of this section the towncouncil of the town of Smithfield, after application, is authorized to exemptfrom the provisions of this section, any class B, C or I license intended to belocated on Plat 45, Lot 042 of the town of Smithfield, tax assessment mapexisting as of December 31, 2007.
(12) Notwithstanding the provisions of this section, theboard of licenses of the city of Providence shall, after application, have theauthority to exempt from the provisions of this section any proposed retailerClass B license intended to be located on plat 13, lots 31 and 32 of theapplicable city of Providence tax assessment map.