(a) Every license is subject to revocation or suspension and a licensee is subject to
fine by the board, body, or official issuing the license, or by the department or
by the division of taxation, on its own motion, for:
(1) Breach by the holder of the license of the conditions on which it was issued; or
(2) Violation by the holder of the license of any rule or regulation applicable; or
(3) Any fraudulent act or “material misrepresentation” made by an applicant for a license
or a licensee, including, but not limited to, any misrepresentation of information
upon which the licensing board reasonably relies in rendering any decision concerning
a license, licensee, or establishment; or
(4) Breach of any provisions of this chapter; or
(5) Operating in any manner inconsistent with the license, or in any manner consistent
with another class license, without first coming before the board for a new license
application.
(b) Any fine imposed pursuant to this section shall not exceed five hundred dollars ($500)
for the first offense and shall not exceed one thousand dollars ($1,000) for each
subsequent offense. For the purposes of this section, any offense committed by a licensee
three (3) years after a previous offense shall be considered a first offense.
(c) In the event that a licensee is required to hire a police detail and the police refuse
to place a detail at the location because a licensee has failed to pay outstanding
police detail bills or to reach a payment plan agreement with the police department,
the license board may prohibit the licensee from opening its place of business until
such time as the police detail bills are paid or a payment plan agreement is reached.
(d) Upon any violation by a licensee under § 3-5-21, the local licensing board, at its sole discretion, may impose a limitation on the
hours of operation of the licensee, regardless of the license type, and notwithstanding
any prior approval of an application for a later closing time.
Notes of Decisions
Amico's Inc. v. Mattos, 789 A.2d 899 (R.I. 2002).
· cites it 12× “Further, I conclude that by its enactment of G.L.1956 § 3-5-21, [4] the municipalities have been specifically delegated regulatory authority, including the power to impose conditions upon a licensee.”
Thompson v. Town of East Greenwich, 512 A.2d 837 (R.I. 1986).
· cites it 20× “1956 (1976 Reenactment) § 3-5-21, therefore, the board suspended Thompson’s license for a period of seven days.”
El Marocco Club, Inc. v. Richardson, 746 A.2d 1228 (R.I. 2000).
· cites it 6× “2d at 427 ), to local licensing boards, and expressly empowered such boards to revoke or suspend such licenses “for breach by the holder of the license of the conditions on which it was issued * * G.L.1956 § 3-5-21. Absent a direct conflict between a statute and an ordinance, or…”
Andruzewski v. Smith, 252 A.2d 914 (R.I. 1969).
· cites it 2× “Furthermore, he pointed out that the action of the local licensing board was taken pursuant to the provisions of §3-5-21. This section provides: “Every license shall be subject to revocation or suspension by the board, body or official issuing the same, or by said department of…”
Metals Recycling Co., Inc. v. Maccarone, 527 A.2d 1127 (R.I. 1987).
“1956 (1976 Reenactment) § 3-5-21, which implicitly empowers local liquor-licensing boards to impose conditions on license holders and authorizes them to revoke or suspend a license for breach of any condition, unconstitutional as violative of the nondelegation doctrine.”
Wreck Bar, Inc. v. Comolli, 857 F. Supp. 182 (D.R.I. 1994).
· cites it 2× “See R.I.Gen.Laws § 3-5-21. Misquamicut is a commercial area bounded on one side by the Atlantic Ocean.”
Chernov Enter., Inc. v. Sarkas, 284 A.2d 61 (R.I. 1971).
“The petitioner argues that the Legislature intended to circumscribe the power to review by restricting its scope to breaches or violations of those conditions, rules or regulations which under §§3-5-21 and 3-5-23 qualify as grounds for revoking or suspending a license.”
Lyons v. Liquor Control Adm'r, 218 A.2d 1 (R.I. 1966).
“General laws 1956, §3-5-21, provides: “Every license shall be subject to revocation or suspension by the board, body or official issuing the same, *577 or 'by said department of its own motion, for breach by the holder thereof of the conditions on which it was issued or for…”
Kmiec v. Liquor Control Hearing Bd., 140 A.2d 133 (R.I. 1958).
“1956, §3-5-21, provides as follows: “Every license shall be subject to revocation or suspension by the board, body or official issuing the same, or by said department of its own motion, for breach by the holder thereof of the conditions on which it was issued or *263 for…”
— R.I. Gen. Laws § 3-5-21(a) — 1 case
Amico's Inc. v. Mattos, 789 A.2d 899 (R.I. 2002).
“Further, I conclude that by its enactment of G.L.1956 § 3-5-21, [4] the municipalities have been specifically delegated regulatory authority, including the power to impose conditions upon a licensee.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.