2011年5月10日星期二

'Package Store', 'Hen' Hearings Tonight

"Package stores" and chicken coops could arrive in Barrington at just about the same time.

Ordinances to give out Class A liquor licenses in Barrington and to raise hens in back yards for fresh eggs get public hearings before the Town Council tonight, May 9, at 7 in Town Hall.

The councilors are expected “to vote up or down” at the hearings, said Barrington Solicitor Mike Ursillo, who drafted both ordinances.

The Class A liquor-license ordinance incorporates recommendations from several town boards and a myriad of conditions future license-holders will have to agree to. The location of a package store, for instance, cannot be within 200 feet of a school or church. Age-verification equipment must be installed.

If the Class A ordinance is approved by the Town Council, Ursillo said, it is feasible that the first ordinance for a "package store" could be awarded by the councilors within four weeks.

The ordinance to raise chickens, specifically the keeping of hens in a coop behind a house, also includes a variety of conditions, including the number of hens allowed --  3 maximum -- and the space for the chicken coop – no more than 20 square feet.

The town's current zoning ordinance prohibits the keeping of swine or poultry.

Among the other conditions for getting a Class A liquor license are that it reverts to the town and is “not transferable” if the business closes. Also:

   1. Consumption of alcohol cannot take place on the premises or in the parking lot.
   2. The license holder must make sure the business does not disturb the peace or allow “unlawful activity” by patrons, employees or it agents.
   3. No loitering of minors in or around the business.
   4. Attempts to use false IDs must be reported to police immediately.
   5. Alcohol can be sold only from 7 am to 10 pm.
   6. No person can enter the store after 10 pm.
   7. All employees must complete certified alcohol server training.
   8. Employees must be recertified every three years and prove that they completed server training.
   9. Valid server permits must be available in the store.
  10. Stores must display warning signs for anyone underage thinking about buying alcohol.
  11. An owner must have a written policy for checking IDs.

A condition not included is restricting the age of sellers of alcohol.

“I could not find case law to support restricting sellers to a certain age,” Ursillo said, a condition that no other retail establishment must abide by.

The application form for the Class A license also must include “an exact description” of the store to be licensed, including a site plan, and a copy of the article of incorporation or a partnership agreement.

The Town Council could give out as many as four Class A licenses based on the town's population. The councilors decided months ago, however, to walk before they run and award one license after a careful process of moving the town from "dry" to "wet" status in Rhode Island.

See the complete ordinances for a Class A liquor store here: Town ordinance; zoning ordinance.

Raising chickens in Barrington back yards for fresh eggs dates back to October, 2009, when Sam and Dorothy Abram of Bowden Avenue asked for permission.

The issue was referred to the five-member zoning committee, which was formed to recommend amendments to the Zoning Ordinance and Subdivision Regulations. The group took up the issue of back-yard chickens late last summer and then adjourned during election season before renewing study of the issue. They reviewed regulations in Warren, Bristol and Providence, which allow the practice.

By a split 3-2 vote, the committee recommended that the zoning ordinance allow chickens in back yards up to a maximum of three on any one lot. Only hens would be allowed -- no roosters. The coop and fenced-in area could be no larger than 20 square feet.

Here are the standards and restrictions:

   1. No more than three chickens on any house lot.
   2. No roosters permitted.
   3. The purpose is for egg production only, not for slaughter.
   4. Chickens must be kept in a coop and an outside area enclosed with chicken wire.
   5. The enclosure must be resistant to predators, like coyotes and foxes.
   6. The surface must not be paved; it must permeable.
   7. Chickens can be raised only in back yards or side yards.
   8. The coop and enclosure must be kept clean and secure; feed also must be kept in a secure container to avoid attracting rodents.
   9. The setbacks for the coop and enclosure shall be the same as those for the main house.
  10. The coops and enclosure shall not exceed 20 square feet.
  11. Property owners who raise chickens must comply with nuisance ordinance requirements.
  12. Chicken manure must be kept within an enclosed compost bin within the 20-square-foot area.
  13. The coop and fence shall not exceed 5 feet in height.
  14. Raising chickens shall be for non-commerical purposed only.
  15. The town shall charge a fee with a registration process.

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