Rhode Island General Laws

R.I. Gen. Laws § 41-9-4 (2026)

Town and state election on establishment of facility

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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(a) Before a gambling facility shall be established in any town or city, the town council of the town or the city council of the city shall comply with the following procedure:

(1) Upon receipt of a resolution from the town council of the town or the city council of the city, for a referendum to establish a gambling facility and/or activity, the general assembly shall determine, by passage of an act, whether to allow a referendum on the establishment of the gambling facility and/or activity.

(2) Upon passage of an act to allow a referendum for the establishment of the gambling facility and/or activity, the town council of the town or the city council of the city shall pose, by adopting a resolution to be placed on the ballot at the next general election to be submitted to the qualified electors of the town or city and to the qualified electors of the state, the following question: “Shall a gambling facility and/or activity be established in the town (or city) of ?”

(b) The question shall be submitted by the local board of canvassers to the electors of the town or city where the facility or activity is to be located, and the results of the election shall be certified to the secretary of state.

(c) The question shall be submitted by the secretary of state to the qualified electors of the state at the same general election and the secretary of state shall certify the election results.

(d) The affirmative vote of the subject town or city and the electors of the state shall be necessary for the approval of the question, and if consent be thus given, all rules and regulations shall be promulgated in accordance with the authority conferred upon the general assembly in R.I. Const., Art. VI, Sec. XV.

Notes of Decisions
Cited in 3 cases, 1992–1996 · leading case: Burns v. Sundlun, 617 A.2d 114 (R.I. 1992).
Burns v. Sundlun, 617 A.2d 114 (R.I. 1992). · cites it 6× “1956 (1990 Reenactment) § 41-9-4, regarding the licensing of new gambling establishments.”
Langevin v. Begin, 683 A.2d 357 (R.I. 1996). · cites it 4× “General Laws 1956 § 41-9-4 allows a town or city council, by “adopting a resolution,” to place the question of establishing a gambling facility in that city or town before the local and state voters.”
Holmes v. Begin, 684 A.2d 1141 (R.I. 1996). “1996) (“we hold that the Legislature had no intention in enacting § 41-9-4 [allowing city or town councils, by adopting a resolution, to place the question of establishing a *1147 gambling facility on the ballot] to overrule or to supersede the provisions obtaining in each…”
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