Board of Licenses FAQs

What is the Providence Board of Licenses?
The Board of Licenses consists of (5) five members appointed by the Mayor and approved by the City Council for (3) three-year terms, staggered. The Board of Licenses is responsible for approving, denying and regulating licenses issued under its authority, in section 1102 of the City Charter, City Ordinances, and various state statutes. Some examples of these licenses are Liquor, Food, Sunday Sales, Peddlers, Bingo, Entertainment, Second Hand Stores, and Junk etc.

When do I need a liquor license?
A liquor license is required if you are planning to sell/serve beer, wine, or hard alcohol. A public hearing as called for in Title 3 of the R.I. General Laws is required.

Does the Board have guidelines for penalties for liquor violators?
The Board has adopted the following penalty guidelines for Liquor Violations:

• 1st offense Underage drinking (no minor) A warning
• 1st offense Underage drinking (minor-17 & under) Up to $500 per count
• 2nd offense Underage drinking (no minor) Up to $250 per count
• 2nd offense Underage drinking (minor-17 and under) Up to $1,000 per count and up to a 3-day Closure
• 3rd offense Underage drinking (no minor) Up to $500 per count and a 5-dayClosure
• 3rd offense Underage drinking (minor 17 and under) 10 days or revocation
• 4th offense Underage drinking (no minor) Up to $1,000 per count and or /14-day closure or revocation

In the event the Board departs from said guidelines because of the presence of mitigating or aggravating circumstances, the Board states the reason for such departure on the record.

What are the classes of Liquor Licenses?
The following are the classes of liquor licenses:

• Class A-Package store
• Class BV-Restaurant w/ food
• Class BX - A rider to the BV to close at 2AM on Fridays/Saturdays/ and eve of a holiday
• Class B-L-Restaurant w/ food, Beer & Wine Only
• Class B-Tavern- Hotel
• Class C- Neighborhood Bar
• Class D- Social Club
• Class E- Pharmacy
• Class ED-Restaurant w/food certain areas of city
• Class EDX-same as BX
• Class J- Convention Center
• Class T- Theater

What effect does licensing have with zoning?
Throughout the city every property is zoned. An example of this is C-1, C-2, C-3, C-4, M-1, etc. Different zones permit and restrict the location of certain kinds of businesses and residential development. An example: if a restaurant located in a C-2 zone serves food and alcohol, it cannot have entertainment. Zoning for entertainment is only allowed in C-4, M-1, M-2, and certain downtown D zones.

If a licensed activity is permitted within a zoned area, the Board of Licenses cannot withhold a license if all the legal criteria for granting the license are met.

What is the definition of "Entertainment"?
Pursuant to the provisions of R.I. Gen Laws § 3-7-7.3, the Board of Licenses of the City of Providence, defined and submitted to the Rhode Island Department of Business Regulation its definition of Entertainment.

"Entertainment: Includes any live performance, disc jockey, show, sporting event, or exhibition held indoors or outdoors to which members of the public are invited with or without charge. Live performance refers to any live production of music or sound by an individual, band, musician, dancing, of karaoke, or theatric performances."

"Adult Entertainment: Any commercial establishment or business where any individual, employee, operator, or owner works or performs in the nude. Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and below, or the showing of the covered male genitals in a discernibly turgid state. Adult entertainment shall also be construed to mean actual or simulated acts of sexual activity by clothed or nude individuals and includes both 'live' exposure and film, video, or any type of reproduction of such human anatomy and sexual activity."

Are the Boards records public?
All records of the Board are public.

Are there any caps/limits on licenses?
Only (2) two licenses have a cap/limit: the Class A liquor license (currently at the cap) and Class ED liquor license (currently under the cap by 15). These caps are set by State Statute. No other licenses have a cap/limit citywide.

Do all license applications get advertised?
No, only the following license applications need to be advertised: All liquor, Motor Vehicle Repair, Second Hand Auto/Store, Junk, Employment Agencies, Amusement Centers, and 1-4 AM business.

Do businesses have to inform the Board if they carry Worker's Compensation Insurance?
Yes, all applicants must fill out a form indicating if they carry Worker's Compensation Insurance or not. Licenses are not granted or renewed without proof the licensee carries Worker's Compensation Insurance.

Do I need a license to make auto repairs?
Such a license is required if you intend on repairing autos/light trucks, replacing/repairing transmissions, changing oil, mounting tires, performing tune ups, etc.

Does the Board use stenograph services?
Stenographic services are employed for all Show Cause hearings and other hearings that may require a detailed record. To have one at every meeting for the duration would be prohibitive.

How are the letters of notice sent?
Letters of notice are sent to property owners with 200' of a business applying for a license. All notices are sent by certified mail.

How can a person guarantee a letter they submit is made part of the official record?
When a letter is submitted either supporting or opposing a license application it is stamped with the date we receive it. The Board accepts letters up to the hearing for the application. These letters become a document of record. All letters are read for the record.

How long does the Board keep records?
Liquor records are retained for 7 years. All other records are retained for 3 years, per City Solicitor's office.

How many licenses does the Board process on an annual basis?Approximately 8,500 licenses.

How many people work at the Board?
There are 11 employees working at the Board: 5 Board members, 3 Clerks, 2 Civilian Inspectors, and 1 License Administrator. Four Providence Police Officers are assigned to the Board to help with enforcement of State Statutes and City Ordinances.

How often does the Board of Licenses meet?
The Board meets every Monday, Wednesday, and Friday at 1 o'clock PM in Room 112 City Hall, or at the call of the Chairman.

In what areas of the City is Adult Entertainment allowed?
M-1 and M-2 Zones

Information on Tangible and Real Estate Tax Payments for City License Holders
Renewal and initial issuance of city licenses (food vendor, liquor, second hand store, etc.) is contingent on payment of taxes. Businesses with tax accounts that are in arrears will need to bring the tax account current prior to the issuance of a license.

Is BYOB regulated?
No, not by the City or the State.

What decisions of the Licensing Board can be appealed?
All decisions of the Licensing Board are subject to appeal. A party with legal standing to do so (denied applicants, those with an economic interest in property affected by the license, and property owners who fall under the legal remonstrance rule) may appeal the ruling within 10 days of the final decision of the board. Liquor appeals go to the Department of Business Regulation. All others must go by petition for certiorari to the Rhode Island Supreme Court.

What is a legal remonstrance?
Property owners within a 200' radius of certain licensed activities have special rights in the application process, including appeal. A legal remonstrance occurs when property owners of at least 50.1% of the total square footage, within the 200' radius of the proposed location, object to the application. In such a circumstance, the application is considered denied. A property owner is defined as owning property within the 200' radius from the 4 corners of the building where the proposed licensee is to be located. (Section 3-7-19 of Title 3, General Laws.) These property owners also have standing to appeal a license decision.

This pertains to the following types of license application: Class BV, B-T, B-L, C, ED, J, T liquor licenses and Motor Vehicle Repair Licenses.

What is a Show Cause Hearing?
A Show Cause Hearing takes place when either the Police Department, Fire Department, or any other official agency of the City or State asks for a hearing before the Board for an alleged violation of law, rules and regulations, Ordinances, etc.

What is the application process for Entertainment Licenses?
The Board of Licenses provides an application form which requires a statement of the name of the person, corporation, LLC, partnership, etc. applying for the license; the address of the location where the entertainment will occur; telephone number; date of the entertainment; time of the event; and, the type of entertainment for which the license is sought.

The completed application is put on the docket of the Board of Licenses with a minimum of 48 hours notice as required by state law. If the Board grants the application after consideration, the Zoning Board conditions that approval on further consideration.

What is the procedure for notification when there is a change in ownership of a licensed business?
The City provides notification (either through advertisement or letter or both) when a statute or ordinance requires it, e.g. liquor, car repair, second hand store. Public notification of all board actions (including those not advertised in the paper) is required by the Open Meetings Law. In compliance with this law, the City posts the docket 48 hours in advance in City Hall and on the City's website. A license application that is "granted" at a hearing is actually granted pending approval by all agencies involved in the application process. Examples of these other approvals are fire safety and zoning approval. Once these other agencies approve the operation of the business the license will be issued to the business and it may begin operation.

What rules of order does the Board follow for meetings?
The Board follows the Roberts Rules of Order. Also, the Board is governed by the State Administrative Procedures Act for Violation Hearings and Rule of Evidence.

What standards does the Board use to reach decisions on Entertainment Licenses?
The Board of Licenses considers, but is not limited to, the following factors:

• Provision of a form of entertainment
• Approval as a public place of assembly
• Compliance with all fire and building codes
• Compliance with appropriate noise level as prescribed in the city ordinances
• Potential demand for police details
• Neighborhood concerns
• Health, safety, and welfare of the general public

When is a Food Dispenser License required?
Such a license is required when an individual or business intends to do the following:

• Sell/serve food
• Prepare food on premises
• Serve prepackaged food
• Serve coffee

When is a Holiday Sales License required?
When a business intends to operate Holidays.

Where and when are meeting dockets posted?
The docket is posted on the City web site along with the Secretary of State's web site, and public bulletin boards throughout City Hall. The docket is posted 48 hours prior to hearing, in accordance with the Open Meeting Law.

Who can speak at a hearing?
Speaker eligibility depends on the type of hearing.
At a regular scheduled hearing any member of the public may speak.

At a Show Cause hearing, the police, city solicitor, licensee, and the witnesses of the city solicitor and licensee = may speak. This limit is imposed on those allowed to speak because the question before the Board is limited to the alleged violation or police complaint and the facts weigh heavily in the Board's decision.

At an advertised hearing for license applications (Liquor, Motor Vehicle Repair, Second Hand Store, etc.) property owners within 200' have standing at a hearing. Their location within the 200' radius weighs with the Board's ultimate decision. Also, the property owners within the 200' radius have standing to take an appeal.