PUBLIC HEARING of the Town Council held Wednesday, September 28, 2005 at 7:15 p.m. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees; Councilors William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea.
MEMBERS ABSENT: Councilor Jacqueline Zahn was excused due to illness.
Relative to amendment to the Ordinances of the Town of Burrillville Chapter 8 – Section 55 entitled Class B and C license rules, adding provisions for licensees to apply for permission to serve alcoholic beverages on a deck or patio, subject to certain conditions.
NOTE: The above was duly advertised in the Legal Section of the Woonsocket Call on Wednesday, September 21, 2005.
Comments/Input/Recommendation by Administration (Town Solicitor, Town Manager).
Walter J. Kane, Town Solicitor, explained that the liquor licensing rules and regulations for the Town of Burrillville presently require that all liquor must be served within the interior of the license premises. Upon request of some licensees, the Ordinance Subcommittee considered allowing liquor service outside on a deck or patio, reviewed similar provision from other Rhode Island communities, and directed that an ordinance be drafted. Mr. Kane said that the Subcommittee had reviewed and revised the draft and the result was being presented. Mr. Kane reviewed the provisions of the ordinance. Among provisions discussed were the condition that applicants must demonstrate that there are no residents within 200’ of the licensed premises, the limitation on capacity, the requirement that food also
be available on the patio or deck, the limitation on the size of the deck or patio, and the prohibition of live music or amplification on the deck or patio, and cessation of service at 10:00 p.m. Mr. Kane said that the Ordinance Subcommittee felt that, with these conditions, the Town Council should consider passage of the ordinance.
Comments/Input/Recommendation from the Ordinance Subcommittee.
Councilor William A. Andrews, Chairman of the Ordinance Subcommittee, reported that the Committee believed that all eventualities had been considered and that they supported the ordinance as serving the intended purpose.
Proponents:
Robert Peloquin, Pascoag Main Street, spoke in support of the ordinance.
Opponents: None
Town Council Members Comments/Input: None
VOTED to close the public hearing.
Motion by Councilor William A. Andrews. Seconded by Councilor Nancy F. Binns. The motion was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn was excused.
VOTED to adopt amendments to the ordinances of the Town of Burrillville Chapter 8 – Section 55 entitled Class B and C license rules, as follows:
The Town Council of the Town of Burrillville hereby ordains as follows:
Section 55 of Chapter 8, entitled Class B and C license rules is hereby amended by adding the following:
Notwithstanding the provision of (11) of this section an applicant may apply for permission to serve alcoholic beverage on a deck or patio subject to the following conditions:
(a) That the licensed premises including the deck or patio is not located within two hundred (200) feet of a residence.
(b) That an applicant seeking permission to serve alcoholic beverages on a deck or patio must request this privilege at the time the license is originally issued or at the time of the renewal.
(c) At the time of the initial request the applicant must submit a radius map prepared by a licensed surveyor showing that that are no residents within 200 feet of the premises. An applicant seeking renewal of this privilege shall submit an affidavit stating that no residents legally residing within the 200 foot radius. A public notice shall be published and a public hearing held prior to acting on a request for this privilege. Notice shall be given by mail by the Town Clerk to all owners of property within two hundred (200) feet of the place of business seeking the permit, all costs associated with the application shall be paid by the applicant.
(d) The applicant shall submit a plan showing the proposed deck or patio which must be attached to or in the case of a patio immediately adjacent to the licensed premises and may not exceed forty (40%) percent of the square feet of the interior of the licensed premises.
(e) The deck or patio shall not increase the capacity of the interior premises of the building as established by the State Fire Code, all construction shall be in conformance with the Zoning, Fire and Building Codes.
(f) Food service must be available on the deck or patio, live music or amplifiers of any type are prohibited on the deck or patio. The service of food or liquor on the deck or patio must cease at 10:00 p.m. and the deck or patio must close.
(g) In the event that a residence is located within two hundred (200) feet of the licensed premises subsequent to granting the privilege to serve liquor on the deck or patio the licensee shall erect a fence, hedge, or vegetative buffer at least five (5) feet high as approved by the Building Official, at the property line between the deck or patio and the property line of the residence. The purpose of the fence, hedge or vegetative buffer is to obstruct the view of the deck or patio from the neighbors.
(h) No advertising signs or banners, excluding decorative umbrellas or canopies shall be located on or attached to the deck or patio.
(i) The privilege to serve liquor outside the premises is separate and apart from the issuance of the liquor license which may be revoked upon notice, and an opportunity to be heard without affecting the liquor license.
This ordinance shall be effective upon passage.
Motion by Councilor Margaret L. Dudley. Seconded by Councilor Ronald E. Faford. The motion was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn was excused.
VOTED to adjourn at 7:20 p.m.
Motion by Councilor Margaret L. Dudley. Seconded by Councilor William E. Gonyea. The motion was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Nancy F. Binns, Margaret L. Dudley, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn was excused.
The hearing was taped. The tape is on file with the record of the meeting.
Cynthia H. Ketcham, Deputy Town Clerk
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