§ 5-23-2 - Licenses for holiday business.
SECTION 5-23-2
§ 5-23-2 Licenses for holiday business.– (a) A retail establishment may be open on any day of the year except asspecifically prohibited herein. A retail establishment shall not be open on aholiday unless licensed by the appropriate town council pursuant to thissection. The city or town council of any city or town shall grant holidaylicenses for the sale by retail establishments. No license shall be issued onDecember 25 of any year or on Thanksgiving Day, except to:
(1) Pharmacies licensed under chapter 19.1 of this title;provided, however, that no drug (as defined in § 5-19.1-2) or controlledsubstance (as defined in § 5-19.1-2) requiring a prescription (as definedin § 5-19.1-2) shall be dispensed or sold unless a licensedpharmacist-in-charge (as defined in § 5-19.1-2) is available on thepremises;
(2) Retail establishments which principally sell foodproducts as defined in § 44-18-30(9) and which employ fewer than six (6)employees per shift at any one location;
(3) Retail establishments principally engaged in the sale ofcut flowers, floral products, plants, shrubs, trees, fertilizers, seeds, bulbs,and garden accessories;
(4) Retail establishments principally engaged in the saleand/or rental of video cassette tapes; and
(5) Retail establishments principally engaged in thepreparation and/or sale of bakery products.
(b) Retail establishments licensed pursuant to this sectionmay be permitted to open for business during holidays on their normal businessworking hours.
(c) Retail establishments licensed pursuant to this sectionshall be exempt from the provisions of chapter 1 of title 25, entitled"Holidays and Days of Special Observance", and those establishments may sellany and all items sold in the ordinary course of business with the exception ofalcoholic beverages.
(d) All employees engaged in work during Sundays or holidayspursuant to the provisions of this section shall receive from their employer noless than time and a half for the work so performed and shall be guaranteed atleast a minimum of four (4) hours employment; except those employees referredto in § 28-12-4.3(a)(4), provided that the work performed by the employeeis strictly voluntary and refusal to work for any retail establishment on aSunday or holiday is not a ground for discrimination, dismissal, or dischargeor any other penalty upon the employee. The city or town council may fix andcause to be paid into the city or town treasury for each license issuedpursuant to this section a fee not to exceed the sum of one hundred dollars($100) and may fix the time or times when the license granted terminates;provided, that the city or town council shall not charge a licensing fee to anycharitable, benevolent, educational, philanthropic, humane, patriotic, socialservice, civic, fraternal, police, fire, labor, or religious organization whichis not operated for profit.
(e) Retail establishments engaged principally in thepreparation and/or sale of bakery products and pharmacies shall be licensedprior to the sale of those products in accordance with this section; provided,that the time and one half and voluntary work provisions do not apply.
(f) Each city or town council shall fix, limit and specifythose rules, regulations, and conditions relating to the granting, holding andexercising those licenses as it deems necessary or advisable and as are notinconsistent with law, and may suspend or revoke any license granted by it formore than two (2) violations of those rules, regulations, and conditions,during a calendar year.
(g) Each city or town shall grant Class A licensesauthorizing retail establishments which sell alcoholic beverages forconsumption off of the premises within its jurisdiction to sell on Sundays,alcoholic beverages in accordance with the terms of this chapter and that oftitle 3 of the general laws, provided that it shall not permit such sale priorto the hour of twelve noon (12:00 p.m.) or on Christmas day, if Christmas shalloccur on a Sunday; provided further, that no employee shall be required to workand refusal to work on a Sunday shall not be the grounds for discrimination,dismissal, discharge, deduction of hours, or any other penalty.