§ 3-7-16.6 - Class N nightclub license.
SECTION 3-7-16.6
§ 3-7-16.6 Class N nightclub license.– (a) Notwithstanding any provision of this title to the contrary, any town orcity council, by ordinance, may authorize the licensing authorities designatedas having the right, power, and jurisdiction to issue licenses under this titlepursuant to § 3-5-15 to designate and issue a special class of Class Nnightclub licenses within its jurisdiction.
(b) A Class N license, when so authorized, shall be requiredby each establishment within the jurisdiction which:
(1) Has as its primary source of revenue the sale ofalcoholic beverages and/or cover charges;
(2) Holds a Class B or Class ED license;
(3) Has a fire department occupancy permit of no less thantwo hundred (200) persons and no greater than ten thousand (10,000) persons; orany establishment with a fire department occupancy permit of less than twohundred (200) persons that holds an entertainment license.
(c) Any establishment with a Class N license which admitspatrons under twenty-one (21) years of age on the premises of the establishmentwhen alcoholic beverages are being sold, served, or permitted on the premisesshall, during the time the patrons are permitted on the premises:
(1) Require one form of identification. The identificationshall contain the bearer's photograph, and must be one of the following: statedriver's license, US military identification, state issued identification card,or passport, from every person claiming to be twenty-one (21) years of age orolder;
(2) Identify patrons over twenty-one (21) years of age withboth an identifiable hand stamp and a bracelet and shall require every patronto show both hand stamp and bracelet before purchasing an alcoholic beverage;
(3) Sell not more than one alcoholic beverage to an eligiblepatron in a single transaction, and shall prohibit a patron from carrying morethan one alcoholic beverage from a bar or drink dispensing location;
(4) Not permit any patron who leaves the premises to bereadmitted prior to closing without payment of the same admission or covercharge required of patrons entering the premises initially.
(d) The licensing authority of each town or city shall setthe closing time for each establishment holding a Class N nightclub licensewithin its jurisdiction pursuant to § 3-7-7(a)(1) and (a)(4), andnotwithstanding other provisions of those subdivisions, an establishmentholding a Class N nightclub license which is permitted to remain open until twoo'clock (2:00) a.m., shall not admit patrons after one o'clock (1:00) a.m.
(e) The licensing authority of each town or city willestablish the cost and duration of all Class N nightclub licenses issued bythat authority.
(f) Notwithstanding the provisions of § 3-5-17, nolicensing authority may issue a Class N nightclub license unless the followingnotice requirements have been met:
(1) Any establishment applying for a Class N nightclublicense, or the renewal of that license, or which is the subject of a hearingrelating to its Class N nightclub license, must provide the general public withnotice of its application by posting a twenty-four (24) inch by thirty-six (36)inch notice on its premises, in a manner clearly visible to the general public,at least thirty (30) days prior to the hearing date before the licensingauthority for the license, and at least thirty (30) days prior to hearingsrelated to the license on appeal to the director. If any hearing is scheduledto occur in less than thirty (30) days, the applicant or Class N nightclublicense holder must post this notice within three (3) business days after itsreceipt of notification of that hearing from the licensing authority or thedirector.
(2) The notice shall contain the name of the applicant and adescription by street and number or other plain designation of the particularlocation for which the Class N nightclub license is requested. The notice shallstate that remonstrants are entitled to be heard at the hearing on the Class Nnightclub license, and shall provide the time and place of that hearing.
(g) Any establishment that holds a Class N nightclub licensemust:
(1) Comply with local ordinances governing noise levels;
(2) Cooperate with law enforcement officials;
(3) Provide private security for the safety of patrons bothinside and outside the establishment, which private security must be certifiedby TIPS or a similar agency approved by the licensing authority; and
(4) Collect trash generated by the establishment every nightthat the establishment is open in an area surrounding the premises that isreasonable and prudent, given the size of the establishment.
(h) The licensing authority of each town or city will developrequirements for police details for the purposes of public safety and trafficcontrol in and around the premise of each establishment holding a Class Nnightclub license.