SMITHFIELD TOWN COUNCIL

MEETING

SMITHFIELD TOWN HALL

TOWN COUNCIL CHAMBERS

64 FARNUM PIKE

TUESDAY, APRIL 18, 2017

6:45 P.M.

6:30 - 7:00 p.m. Citizens Collation

(Coffee and Refreshments)

CLOSED SESSION

Motion to convene in closed session pursuant to Rhode Island General Laws Sec. 42-46-5(a)(l),Personnel, to interview Richard Levesque for possible appointment to a Town Board orCommission.

AGENDA

I. Regular meeting called to order at 7:00 p.m.

II. Prayer

III. Salute to the Flag

IV. Emergency evacuation and health notification

V. Presentation:

■ Elks Organization

VI. Minutes:

A. Move that the minutes of the March 28, 2017 Town Council Work Session

be approved, as recorded.

B. Move that the minutes of the April 4, 2017 Town Council Special Meeting

be approved, as recorded.

C. Move that the minutes of the April 4, 2017 Town Council meeting be

approved, as recorded.

D. Move that the minutes of the April 4, 2017 Town Council meeting closed

session be approved, as recorded, and sealed.

VII. Consider, discuss and act upon the following possible appointment:

1. Smithfield Refuse and Recycling Subcommittee with an open term:

■ Robert Buonaccorsi

VIIL Public Hearings:

A. Conduct a Public Hearing to consider adoption of a Zoning Ordinance

Amendment to add Section 4.4.L. Medical Marijuana.

B. Conduct a Public Hearing to consider Code of Ordinance Amendments to

Chapter 46 Historic Preservation Commission, Section 46-8 Powers and

Duties, and Section 46-10 Fire Department participation in demolition or

fire training exercises.

C. Conduct a Show-Cause Hearing to consider the possible suspension,

revocation, or other sanction regarding the Holiday License at the

following listed establishment due to non-renewal or non-compliance with

the conditions of renewal:

1. ILoveKickboxing.com Smithfield LLC d/b/a "ILoveKickboxing.com",400 Putnam Pike (Failure to pay Tangible Taxes current)

D. Conduct a Public Hearing to consider the approval of outdoor seating and

bar service for Copperfield's, Inc. d/b/a "Copperfield's Bar and Grill",

located at 9 Cedar Swamp Road, as applied, subject to compliance with all

State regulations and local ordinances.

E. Schedule a Public Hearing on May 16, 2017, to consider proposed

amendments to Zoning Ordinance Section 6.7 Non-Permanent Structures.

IX. Licenses and Permits:

A. Consider approving a new Holiday Sales License for Oasis Spa, Inc. d/b/a

"Oasis Spa, Inc.", 9 Cedar Swamp Road, #9, as applied, subject to

compliance with all State regulations and local ordinances.

B. Consider approving the annual renewal of three (3) Holiday Sales

Licenses, as listed, as applied, subject to compliance with all State

regulations and local ordinances.

1. NEFL, Inc. d/b/a "New England Frozen Lemonade", 280 DouglasAvenue, Providence

2. Tween Brands, Inc. d^/a "Justice #1188", 371 Putnam Pike, Suite 4403. Ulta Beauty Salon Cosmetics & Fragrance, Inc. d/b/a "Ulta Beauty",

371 Putnam Pike

C. Consider approving the annual renewal of two (2) Massage Therapy

Licenses, as listed, as applied, subject to compliance with all State

regulations and local ordinances:

1. Kayla Ann Perry working at "Soothing Touch Spa", 180C PleasantView Avenue

2. Shelly Allsworth working at "Allsworth Massage Therapy", 600Putnam Pike, Suite 10

D. Consider scheduling a Show Cause Hearing on Tuesday, May 2, 2017, to

consider the possible suspension, revocation, or other sanction regarding

Holiday Sales Licenses at the following establishments due to non-

renewal or non-compliance with the conditions of renewal:

1. Car Guy, Inc., d^/a "401 Auto Sales Service", 293 Waterman Avenue(Failure to submit renewal application).

2. Hill Top Gardens, LLC d/b/a "Hill Top Gardens", 363 Putnam Pike(Failure to pay tangible taxes current).

3. Lane Bryant, Inc. d/b/a "Lane Bryant", 371 Putnam Pike, Suite 430(Failure to submit renewal application).

4. Muc Thi Vu d/b/a "Hollywood Nails", 445 Putnam Pike (Failure tosubmit renewal application).

5. Muqudas Raza dA)/a "DB Mart", 200 Pleasant View Avenue (Failureto pay tangible taxes current).

6. Palagi 2000, Inc. d^/a "Palagis Ice Cream", 55 Bacon Street,Pawtucket (Failure to submit renewal application).

7. Parker's Vinyl Creations, Ltd., d/b/a "Scoops", 265 Putnam Pike(Failure to submit renewal application).

8. Victus Group, Inc. d/b/a "Delizioso Deli", 1201 Douglas Pike (Failureto submit renewal application).

E. Consider approving the annual renewal of one (1) Massage Establishment

License, as applied, subject to compliance with all State regulations and

local ordinances:

1. Shelly Allsworth d/b/a "Allsworth Massage Threapy", 600 PutnamPike, Suite 10

F. Consider approving a new Sidewalk Sales License for Blackbird Farm,

LLC d/b/a "Blackbird Farm", to hold a Farmer's Market every Friday,

beginning May 26, 2017 through late October, with the hours of operation

to be from 4:00 p.m. to 7:00 p.m., on property located at 122 Limerock

Road, as applied, subject to compliance with all State regulations and local

ordinances.

X. Old Business:

A. Consider, discuss, and act upon a Pilot Program for the Smithfield Youth

Soccer Association (SYSA) for temporary lights at Deerfield Park,

XL New Business:

A. Consider, discuss, and act upon a proposed Purchasing Resolution.

B. Consider, discuss, and act upon a bid award for Town-wide Electrical

Services for the Town and School Department.

XII. Public Comment

XIII. Announce any closed session votes required to be disclosed pursuant to RI

General Laws, Sec. 42-46-4.

XIV. Adjournment.

AGENDA POSTED: FRIDAY. APRIL 14.2017

The public is welcome to any meeting of the Town Council or its sub-committees. Ifcommunication assistance (readers/interpreters/captions) or any other accommodation toensure equal participation is needed, please contact the Smithfield Town Manager's officeat 401-233-1010 at least forty-eight (48) hours prior to the meeting.

ZONING ORDINANCE AMENDMENT

THE TOWN OF SMITHFIELD HEREBY ORDAINS:

Sectfon 1. A new Section 4AL shall be added to the Smithfield Zoning Ordinance as follows:

ARTICLE 4 - USE REGULATIONS

§4»4.L Medical Marijuana.

A. Definitions. As used in this section, the following terms shall have the meaningsindicated. Any terms not defined herein shall be defined by reference to RIGL § 21-28.6-3.

CARDHOLDER - means a qualifying patient or a primary caregiver who hasregistered with the Rhode Island Department of Heai^ and has been issued and possesses avalid registry identification card or license.

CAREGIVER CULTIVATION - means marijuana cultivation for medical use onlyby a single registered caregiver cardholder, as defined in RIGL Chapter 21-28.6.

COMPASSION CENTER - means a not-for-profit corporation subject to theprovisions of RIGL Chapter 7-6, and registered under RIGL § 21-28.6-12 that acquires,possesses, cultivates, manufartures, delivers, trarisfers, transports, supplies or dispensesmarijuana, and/or related supplies and educational mateiials, to pabent cardholders and/or their

COMPASSION CENTER CARDHOLDER - means a principal officer, boardmember, employee, volunteer, or agent of a compassion center who has registered with theRhode Island Department of Health and has been Issued and possesses a valid registryIdentification card.

LICENSED CULTIVATOR ~ means a person, as identified in RIGL § 43-3-6, whois issued a cultivator license pursuant to RIGL § 21-28.6-16.

MARIJUANA STORE - means any profit or non-profit retail establi^ment atwhich the sale or use of marijuana, medical or othenwise, takes place, Including withoutlimitation a so-called 'Vape Lounge" or "Vapor Lounge". This shall not include a CompassionCenter regulated and licensed by the State of Rhode Island, as defined herein.

NON-RESIDENTIAL COOPERATIVE CULTiVATiON - mearis two or morecardholders who cooperatlveiy cuKh/ate marijuana in a non-residential zoning district subject tothe restrictions set forth In RIGL § 21-28.6-14.

PATIENT CULTIVATION - means marOuana cultivation by a single registeredpatient cardholder for medical use only, as defined in RIGL Chapter 21-28.6.

RESIDENTIAL COOPERATIVE CULTIVATION - means two or morecardholders who cooperatively cultivate manjuana in a residential zoning district subject to therestrictions set forth In RIGL § 21-28.6-14.

B. Purpose.

It Is the intent of this section to regulate the cultivation and distribution of medicalmanluana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act(See RIGL 21-28.6-1 et seq.) Should a provision of this section conflict with any other provisionof the Zoning Ordinance, the provision of this section shall be controlling.

C. General Prohibition.

In order to protect the public health, safety, and welfare, all growing or cultivation ofmarijuana is prohibited within the boundaries of the Town of Smithfield unless specificallyauthorized by this section.

D. Patient Cultivation.

Patient cultivation, if permitted in the applicable zoning district, shall not be allowedunless each of the following criteria has been met

(1) Patient cultivation shall only be allowed at the Patient Cardholder's primaryresidence. If the Patient Cardholder does not own the subject property, the owner(s) of thesubject property shall provide written acknowledgment and approval of the proposed use whichshall be appropriately notarized prior to review by the Zoning Official.

(2) The Patient Cardholder shall apply for ail appropriate approvals and inspectionswith the Smithfield Fire Department The Fire Department shall review the application forpemnits pursuant to RIGL 23-28.1 et seq. All permits applied for hereunder and documentsassociated therevritti shall be confident!^ in accordance vrifo the federal Health InsurancePortability and Accountability Act and RIGL § 21-28.6-6(k).

(3) The Patient Cardholder shall apply for a Zoning Certificate, and the PatientCardholder or a licensed contractor shall app^ for all appropriate Zoning, Building, Electrical,Mechanical and Plumbing Permits as requir^ by the l^ode Island State Building Code. TheBuilding Official shall review applications for permits pursuant to RIGL 23-27-100.01 et seq.The application for a Zoning Certificate shall Include, at a minimum, the followingdocumentation:

(a) A detailed and accurate narrative description of the proposedcultivation operation, including a certification that pesticides will not beused;

(b) Proof of registration with the Rhode Island State Police ifrequired by State law;

(c) Proof of approval of the proposed project by the SmithfieldRre Prevention Division;

(d) Building plans signed arid stamped by a Rhode Islandlicensed architect or engineer, induding project certification ifrequired by Section 128.0 of the Rhode Island State BuildingCode; and

(e) Evidence of approved sewer or ISDS service.

All permits applied for hereunder and documents associated therewith shall be confidential inaccordance vi^ the federal Health Insurance Portatitlity and Accountability Act and RIGL § 21-28.6-6(k).

(4) In addition to the requirements above, the Patient Cardholder shall demonstrateto the Building Official that the following requirements have been met:

(a) That the area used for growing is secured by locked doors;(b) That the area used for growing has two (2) means of egress;(c) That ttie area used for growing shall not tre within ten (10) feet

of a heating or other Ignition source such as an electric,propane, natural gas or oil fired furnace or heater, or such larger distanceas my be required by manufacturer spedfications;

(d) That the area used for growing shall have proper ventilation tomitigate the risk of moid;

(e) That the area used for growing shall have carbon filtersinstalled to reduce odors and that proper measures are tobe employed to prevent odors from leaving the structure in which thecultivadon is conducted; and

(f) That smoke alarms/detectors are Installed In accordance with theState Fire Code.

(5) Final approval of the cultivation operation shall not be granted unless and until afinal satisfactory inspection is performed by the Building Official and the Smithfield FirePrevention Division.

(6) Possession Limits: Since it is the Intent of the Town of Smithfield to limit PatientCultivation to the amount of marijuana that the Patient reasonably needs for personal medialuse, and to prevent any excess manluana from being sold or othen/vise distributed to thirdparties. Patient Cultivation possession limits shall be as follows:

Possession Limits: Patient Cultivation possession limits shall be as follows:

Mature Plants

Immature Plants

(Seedlings) andUnusable Marijuana

Usable

Marijuana

Patient Cardholder 2 plants 2 plants 2.5 Ounces

E. Caregiver Cultivation.

Caregiver Cultivation, as defined in this section, shall be prohibited in all ZoningDistricts.

F. Cooperative Cultivation.

(1) Residential Cooperative Cultivation, as defined in this section,' shall beprohibited In aD Zoning Districts.

(2) Non-Reskientia) Cooperative Cultivation, as defined in this section, shall beprohibited in all Zoning Districts.

G. Licensed Cultivation.

Cultivation of marijuana by a licensed cultivator, as defined in this section, shall beprohibited in all Zoning Districts.

H. Compassion Centers.

Compassion center uses, as established under RIGL § 21-28.8-1 et seq. shall beprohibited in all zoning districts in Smithfield except in the Industrial zone and the HighwayCommercial zone and only upon the grant of a Spea'al Use Permit In accordance wth § 10.8^the Zoning Ordinance. Additionally, such Special Use Permit shall not be granted unless eachof the following standards has been met:

(1) The application for a Special Use Permit pursuant to this section shall provide thelegal name and address of the compassion center, a copy of the articles ofincorporation of the compassion center, and the name, address and date of birth ofeach principal officer and board member of the compassion center.

(2) In addition to the findings required by § 10.8 of the Zoning Ordinance, the Sp^al UsePermit shall not be granted unless the Zoning Board of Review makes the followingadditional findings:

(a) That the requested use at the proposed location will not adversely affectneighboring properties:

(b) That the requested use at the proposed location will not adversely affect theuse of any property used for a public or private school, park, playground, playfield, youth center, licensed day-care center, library, or other location wheregroups of minors regularly congregate;

(c) That the requested use at the proposed location is sufficiently buffered inrelation to any residential area in the immediate vicinity so as not to adverselyaffect said area: and

(d) That the exterior appearance of the structure will be consistent with the exteriorappearance of structures already constructed or under construcfion within theimmedlata neighborhood, so as to prevent the diminlshment or impairment ofproperty values within the neighborhood.

(3) Location.

(a) No Compassion Center shall be located within:

(1) One thousand feet of the nearest residential zoning districL or onethousand feet of the lot line of a residence which is a nonconformlng useIn a nonresidential zone In existence as of the effective date of thissection: or

(2) One thousand five hundred feet of the nearest house of worship, publicor private school, park, playground, play field, youth cenfer, licensedday-care center, library, or other location where groups of minorsregularly congregate: or

(3) Two thousand fieet of any other compassion center site; or

(4) One thousand feet of any of the SmHeid Town lines.

(b) The distances specified above shall be measured by a straight line from thenearest property fine of the premises on which the proposed compassioncenter use is to be located to the nearest boundary line of a residential zoningdistrict or to the nearest property line of any of the other designated uses setforth above.

(4) Hours of operation.

(a) The proposed compassion center hours of operation shall be Omited to8:00 a.m. to 8:00 p.m.

(5) Ughtlng.

(a) L^hting shall adequately illuminate the compassion center, its immediatesurrounding area, any accessory uses, including storage areas, the parkinglots, the compassion center's front facade, and any adjoining public sidewaik.

(b) Lighting shall be hooded or oriented so as to deflect light away fromadjacent properties.

(6) Security.

(a) The proposed Compassion Center shall implement appropriate securkymeasures to deter-and prevent the unauthorized entrance into areas containingmarQuana and shall insure that each location has an operational surveillancesystem and security alarm system.

(7) Parking.

(a) All uses permitted under this section shall comply with the off-street parking andloading requirements and regulatiorts as set forth in ttie Zoning Ordinance.

(8) S^nage.

(a) No Compassion Center shall be allowed a free-standing accessory sign. Alls'^nage and advertising for a Compassion Center shall comply with ailapplicable provisions of the Zoning Ordinance. In addition, no signage oradvertising shall use the word "marijuana" or "cannabis" or any other word,phrase or symbol commonly understood to refer to marijuana unless such word,phrase or symbol Is immediately preceded by the word "medical" in type andfont that is at least as readily discernible as all other words, phrases or symbols

onthesfgn. Such s^nage and advertismg must dearly indicate that theproducts and services are ofiisred only for medical marijuana patients andprimary caiegivers.

(9) No Compassion Center shall be established prior to approval of a Spedal UsePermit therefor by the Zoning Board of Review with the technical advicespecified in Section 10.9 of the Zoning Ordinance. The site plan shall depict allexisting and proposed buildings, parking spaces, driveways, s^ce areas andother open uses, in addition to ail other reactions defined in fois sectfon, the siteplan shall show the distances between the proposed use and the boundary of thenearest residential zoning district and the property line of all other abuttlr^ uses.

(10) After approval of the Special Use Permit, Land Development Review shall beconducted by the Planning Board.

(11) As a condition of the approval of a Special Use Permit, the Compassion Centermust satisify all the requirements set forth in Subsections D.(2), (3), (4), and (5) ofthis section.

(12) Possession Limits: Compassion Center possession limits shall be as followsunless a lesser limit is ofoerwise stated in the Rhode Island General Laws.

Compassion Center Inventory of seedlings, plants and usablemarjuana Gmited to reflect the projected needs ofreQistered QuaBfVina oafients. ^—

I. Marijuana Extraction.

The use dl butane, propane or other solvents used for the purposes of marijuanaextraction shall be strictly prohibited in all zoning districts.

J. Odor Containment

It shall be a violation of this section if any odor from a Patient Cultivation or CompassionCenter is detected by a person outside the structure in which the cultivation is conducted.

K. Enforcement

(1) Any person or organization found to be In violation of this section shall besul^ect to enforcement in accordance with the major violation provisions ofSection 10.6 of the Zoning Ordinance. The Town may pursue itsenforcement remedies hereunder either in the Smithfield Municipal Court or in aState court of competent jurisdiction.

(2) All unperm'rtted pre-existing cultivations must comply with the requirements of thissection.

(3) Ail uses permitted under this section shall comply fully with all licensingrequirements of the Town of Smithfield and laws of the State of Rhode Island.

Section 2. Section 4.3 of Article 4 - Use Regulations ~ Table of Uses - is herebyamended by adding thereto the following;

4.3 TABLE OF USES

P=Permitted by RIGHT S=Use Permitted by SPECIAL USE PERMIT N= Use Not Permitted

Zoning ZONING DISTRICTS

R-200 1 R-80 1 R-Med 1R-20 |R-20M |MU V F LI 1 PC PD PCD-B

*" ^""'1^"li, i; .. ..J

r"'•

!—-1■ ■

r- ^1p—li - - •

L MEDICAL MARIJUANA 1

1. Patient Cultivation P iP P p N N N N N N 1N N N

2. Caregiver Cultivation N N N N N N iN N N N 1N N N

3. Residential Cooperative Cultivation N N N N N N N N N N N N N

4. Non-Residential Cooperative Cultlvafon N N N N N N N N N N N N N

5. Licensed Cultivation N N N N N N N N N N N N N

6, Compassion Center N N N N N N N N S N S N N

7. Marijuana Store N N N N N |n :N N N N N :N !N •

Section 3. This Ordinance Amendment shall take effect upon passage.

ZONING ORDINANCE AMENDMENT

SPONSORED BY TOWN COUNCIL

PRESIDENT PAUL M. SANTUCCl

ZONING ORDINANCE AMENDMENTAPPROVED AS TO FORM:

Edmund L. Alves, Jr.Town Solicitor

TOWN OF SMITHFIELD

NOTICE OF PUBLIC HEARING

Town Council to consider an Ordinance Amendment

Public Hearing Date: Tuesday, April 18, 2017Time: 7:00 p.m.

Place: Smithfield Town Hall, 64 Farnum Pike, 2"'^ Floor

Chapter 46—Historic Preservation Commission

Chapter 46-8 - Powers and duties

Chapter 46-10 — Fire Department participation in demolition or tramin^ RYfirrisfiff.

This amendment will require Town Boards and Officials to notify the Historic PreservationCommission before taking action which might impact a Smithfield Historic Resource.

The public is welcome to any meeting of the Town Council or its sub-committees. Ifcommunication assistance (readers/interpreters/captions) or any other accommodation toensure equal participation is needed, please contact the Smithfield Town Manager's office at401-233-1010 at least forty-eight (48) hours prior to the meeting.

To view the full text of the proposed ordinance amendment, please visit the office of theSmithfield Town Clerk during normal business hours (8:30 a.m. to 4:30 p.m.) or visit theTown's Web Site at: www.smithfieldri.com.

By order of the Town Council:Carol A. Aquilante, CMCTown Clerk

Not part of ad:Advertisement to run in the Valley Breeze-Observer on Thursday, April 6, 2017 andThursday April 13, 2017 Rhonda: Please provide a draft and cost of ad to Town ClerkCarol A. Aquilante, 233-1000, ext. 111. Thank you.

Copies to: Town ManagerTown Council

Town Solicitor

IT Manager for Town Website (full text attachment to follow)

ORDINANCE AMENDMENT

THE TOWN OF SMTHFIELD HEREBY ORDAINS:

CHAPTER 46

HISTORIC PRESERVATION COMMISSION

§ 46-8. Powers and duties.

The Commission shall have the following powers and duties:

A. Establish criteria for evaluating historical, architectural or cultural sites, buildings, places,landmarks or areas so as to determine their value in terms of the national, state or localimportance;

B. Conduct and maintain a comprehensive inventory of historic resources within theboundaries of the Town of Smithrield which shall be known as the "Smithfield HistoricInventory", and publicize and periodically update said inventory. Properties listed on theinventory shall be recorded on ofGcial zoning records with an "HI" (for "historic inventory"designation). This designation shall not change or modify the underlying zoning classification;

C. Initiate and maintain the Smithfield Register of Historic Places. This official registershall be compiled of buildings, structures, sites, and objects which are included on the SmithfieldHistoric Inventory and which are identified by the Commission as having historic significanceworthy of recognition and protection by the Town of Smithfield. The Commission shallencourage and assist, where possible, efforts by owners to maintain, rehabilitate, and preservesuch properties;

D. Review nominations to the Smithfield Register of Historic Places according to criteriaand standards A^diich the Commission shall adopt as part of its rules;

E. Review proposals to demolish historic structures as defined herein;

F. Participate in, promote and conduct public information, educational and interpretiveprograms pertaining to Smithfield's historic resources;

G. Establish liaison support, communication and cooperation with federal, state, and ofiierlocal govermnent entities which will further historic preservation objectives, including publiceducation within the Town of Smithfield;

H. Advise the Town Council and the Town's boards, commissions and officials on mattersof Smithfield history and historic preservation. All Town boards, commissions, departments.

1

agencies, officials, and employees shall seek an advisory opinion from the Commission and shallgive consideration to anv such advisory opinion before rendering a decision or taking any actionwhich might impact or disturb a historic resource that is listed on the Srnitfafield HistoricInventory or which has been found bv the rrnnmiggon to have important historical sipnificflnce.Should the Commission, or its Chair or designee. not render such advisory opinion within five(5) business davs after receipt of the request the Town hoard^ cnmmission. department agency.official or employee mav thereafter decide or act upon the matter without the Commission'sadvisory opinion.

I. Perform other related functions assigned to the Commission by the Town Council; and

J. Review nominations of Smithfield properties to the State and National Registers ofHistoric Places.

S 46-10. Fire Department Darticipation in demolition or fire training exercises.

The Smithfield Fire Department shall seek an advisory opinion from the Commissinn andshall give consideration to anv such advisory opinion prior to participating in or assisting withthe demolition of anv structure in the town of Smithfield or conducting live fire traininpexercises in anv structure in the town of Smithfield. Should the Cnmrnission. or ite Chair nrdesignee. not render such advisory opinion within five business davs after receipt of suchrequest the Fire Department mav thereafter undertake the nroDosed demolition nr traininpexercise without the Commission's advisory opinion unless the structure is described insubsections A. B. or C below.

The Smithfield Department shall not participate in or assist with the deinolition of anhistoric structure or conduct live fire training exercises in any of the following circumstances:

A. If said structure is listed on the Smithfield Register of Historic Places or theSmithfield Historic Inventory; or

B. If said structure is listed on the National Register or the State Register of HistoricPlaces pursuant to R.I. General Laws, § 42-45; or

C. If the Smithfield Historic Preservation Commission finds that said structure hasimportant historical significance, in which case the Commission shall causewritten notice of this finding to he delivered to the Smithfield Fire Chief prior toany live fire training exercise or demolition of said structure.

TfflS ORDINANCE AMENDMENT SHALL BECOME EFFECTIVE AT THE EXPIRATIONOF THIRTY (30) DAYS AFTER ADOPTION.

ORDINANCE AMENDMENT ORDINANCE AMENDMENTINTRODUCED BY TOWN COUNCn. APPROVED AS TO FORM:MEMBER MAXINE CAVANAOH

EDMUND L. ALVES, JR.TOWN SOLICITOR

Memorandum

DATE: April 11,2017

TO: Smithfield Town Council

FROM: Carol Banville, License Coordinator

SUBJECT: Show-Cause Hearing for the April 18'^ Town Council Meeting.

Conduct a Show-Cause Hearing to consider the possible suspension, revocation, or other sanction

regarding the listed Holiday Sales License due to non-compliance of renewal:

1. ILoveKickboxing.comSmithfield , LLC d/b/a "ILoveKickBoxing.com", 400 Putnam PikeFailure to pay Tangible Taxes current

A Summons was served to the above business by the Smithfield Police Department on April7,2017.

Memorandum

DATE: April 12,2017

Smithfield Town Council

FROM: Carol Banville - License Coordinator

SUBJECT: Public Hearing to consider a request for Outdoor Seating/ Bar Service forCopperfield's Inc. d/b/a "Copperfield's Bar and Grill" for the April IS"^ TownCouncil Meeting

BACKGROUND:

Town Council to conduct a Public Hearing to consider approval of outdoor seating and barservice for Copperfield's Inc. d/b/a "Copperfield's Bar and Grill", 9 Cedar Swamp Road. Mr.Saccoccio's Class B-Victualler Beverage License was approved on February 18, 2014. Thisestablishment currently holds a Class B-Victualler Beverage License. Pursuant to the rules andregulations established by the State Liquor Control, they are requesting permission from theTown Council to extend the current alcoholic beverage service to their outside dining area.Accordingly all abutters within 200 ft. of the establishment were notified of this change and thePublic Hearing was advertised twice prior to this meeting in the Valley Breeze.

TOWN REVENUE:

There will be no additional fee at this time other than the fee for advertising the Public Hearing.

SUPPORTING DOCUMENTS:

Copy of applicationCopy of letter requesting outdoor seating and bar serviceNotice of Public Hearing, Dates of Advertising: April 6, 2017 & April 13, 2017Copy of the notice to abuttersCopy of radius map & abutters listDrawings of the current deck areaCopy of TIPS CardsCopy of Zoning CertificateCopy of BCI (Background Check) No Record

RECOMMENDED MOTION:

Move that the Smithfield Town Council approve outdoor seating and bar service lorCopperfield's Inc d/b/a "Copperfield's Bar and Grill", 9 Cedar Swamp Road, as applied, subjectto compliance with all State regulations and local ordinances.

I APRIL 6-12, 2017 | VALLEY BREEZE

iaTOWN OF SMITHFIEIDNOTICE OF PUBUC HEARINn

I irpn?ili R Town Council of Smithtield being the linuorlicensing Bo^ in said Town, that an appiication for a License to sell intoxicatiniibeverages under the provisions ofTitlel, of the General Uws of RI l « 1?] ̂amendments thereto has been made to sm'd SnncTa^lota ' ' ̂

REQUEST FOR OUTDOOR SEATING AND BAR SERVICE{Addendum to existing Class B-Victualler Beverage License)

Ihe ?o™ofsm?ti,Md'' Grill". 9 Cedar Swamp Road, in

obiecta X 1 woi ' f ''' remonstrants may make tbeirrnmm m- • ! ̂ welcooie to any meeting of the Smithfield Town Council IfeTureiuTDS™^r'- /!f"fG'relersfcaptions) or any other accommodation to

By order of the Town Council: Carol A. Aquilante, CMC, Town Clerk

Memorandum

DATE: April 11, 2017

TO: Smithfield Town Council

FROM: Carol Banville - License Coordinator

SUBJECT: New Holiday License for Oasis Spa, Inc. d/b/a "Oasis Spa, Inc.", 9 Cedar Swamp

Road, #9 for the April 18^ Town Council Meeting

BACKGROUND:

Oasis Spa, Inc. d/b/a "Oasis Spa, Inc.", has applied for a new Holiday License for their business

located at 9 Cedar Swamp Road #9.

TOWN REVENUE:

The cost of a new Holiday Sales License is $50.00 per year.

SUPPORTING DOCUMENTS:

Copy of License Application

Copy of BCI — No Record

RECOMMENDED MOTION:

Move that the Smithfield Town Council approve a new Holiday License for Oasis Spa, Inc.,

d/b/a "Oasis Spa, Inc.", 9 Cedar Swamp Road, #9, as applied, subject to compliance with all

State regulations and local ordinances.

Memorandum

DATE: April 11,2017

TO: Smithfield Town Council

FROM: Carol Banville, License Coordinator

SUBJECT: Annual renewal of three (3) Holiday Sales Licenses for the April 18"^ TownCouncil Meeting.

BACKGROUND:

Holiday Licenses are due for renewal the first week in April. The businesses listed below havefiled their application for renewal.

TOWN REVENUE:

The cost to renew the Holiday Sales License is $50.00 per year.

APPROVAL STATUS:

Applications arc complete for approval by the Town Council.

RECOMMENDED MOTION:

Move that the Smithfield Town Council approve the annual renewal of three (3) Holiday SalesLicenses, as listed, as applied, subject to compliance with all State regulations and localordinances.

1. NEFL, Inc. d/b/a "New England Frozen Lemonade", 280 Douglas Avenue,Providence

2. Tween Brands, Inc. d/b/a "Justice #1188", 371 Putnam Pike, Suite 4403. Ulta Salon Cosmetics & Fragrance, Inc. d/b/a "Ulta Beauty", 371 Putnam Pike

Memorandum

DATE: April 11,2017

Smithfield Town Council

FROM: Carol Banville - License Coordinator

SUBJECT: Annual Renewal of two (2) Massage Therapy Licenses for the April 18"' TownCouncil Meeting.

BACKGROUND:

Massage Therapy Licenses are now due for renewal. The individuals listed below have filed

their application for renewal.

TOWN REVENUE:

The cost to renew the Massage Therapy License is $75.00 per year.

APPROVAL STATUS:

All paperwork is complete for Town Council approval

RECOMMENDED MOTION:

Move that the Smithfield Town Council approve the annual renewal of the following two (2)

Massage Therapy Licenses, as listed, as applied, subject to compliance with all State regulationsand local ordinances:

1. Kayla Ann Perry working at "Soothing Touch Spa", 180C Pleasant View Avenue

2. Shelly Allsworth working at "Allsworth Massage Therapy", 600 Putnam Pike, Suite

Memorandum

DATE: April 11,2017

Smithfield Town Council

FROM: Carol Banville, License Coordinator

SUBJECT: Schedule A Show-Cause Hearing for the May 2"'' Town Council Meeting.

Consider scheduling a Show-Cause Hearing on Tuesday, May 2, 2017 to consider the possible

suspension, revocation, or other sanction regarding the listed Holiday Sales Licenses on the

following establishments due to non-renewal or non-compliance with the conditions of renewal:

1. Car Guy, Inc., d/b/a "401 Auto Sales Service", 293 Waterman Avenue (Failure to

submit renewal application).

2. Hill Top Gardens, LLC d/b/a "Hill Top Gardens", 363 Putnam Pike (Failure to

pay tangible taxes current).

3. Lane Bryant, Inc. d/b/a "Lane Bryant", 371 Putnam Pike, Suite 430 (Failure to

submit renewal application).

4. Muc Thi Vu d/b/a "Hollywood Nails", 445 Putnam Pike (Failure to submit

renewal application).

5. Muqudas Raza d/b/a "DB Mart", 200 Pleasnl View Avenue (Failure to pay

tangible taxes current).

6. Palagi 2000, Inc. d/b/a "Palagis Ice Cream", 55 Bacon Street, Pawtucket (Failure

to submit renewal application).

7. Parker's Vinyl Creations, Ltd., d/b/a "Scoops", 265 Putnam Pike (failure to

submit renewal application).

8. Victus Group, Inc. d^/a "Delizioso Deli", 1201 Douglas Pike (Failure to submit

renewal application).

Memorandum

DATE: April 11,2017

Smithfield Town Council

FROM: Carol Banville - License Coordinator

SUBJECT: Annual Renewal of one (1) Massage Establishment License for the April 18'Town Council Meeting.

BACKGROUND:

Massage Establishment Licenses are now due for renewal. The business listed below has filed

their application for renewal.

TOWN REVENUE:

The cost to renew the Massage Establishment License is $100.00 per year.

APPROVAL STATUS:

All paperwork is complete for Town Council approval

RECOMMENDED MOTION:

Move that the Smithfield Town Council approve the annual renewal of the following one (1)

Massage Establishment License, as applied, subject to compliance with all State regulations and

local ordinances:

1. Shelly Allsworth d/b/a "Allsworth Massage Therapy", 600 Putnam Pike, Suite 10

Memorandum

DATE: April 11,2017

TO: Smithfield Town Council

FROM: Carol Banville - License Coordinator

SUBJECT: Sidewalk Sales License for Blackbird Farm, LLC d/b/a "Blackbird Farm", for theApril 18^'' Town Council Meeting

BACKGROUND:

Blackbird Farm, LLC d/b/a "Blackbird Farm" has applied for a Sidewalk Sales License to hold a

Farmer's Market, every Friday, beginning in May 26, 2017 through late October, on property

located at 122 Limerock Road. In accordance with 347-7 of the Town Ordinance, a Sidewalk

Sales License is required as the commercial use of produce grown elsewhere that will take place.

TOWN REVENUE:

The cost for a Sidewalk Sales License is $25.00 per year.

SUPPORTING DOCUMENTS:

Copy of license application

Copy of BCI - No Record

Wriiien Consent of Land Owner

Drawing of the location of the Farmer's Market including customer parking

*Application and BCI will be available prior to the April 18, 2017 Town Council Meeting

for review.

RECOMMENDED MOTION:

Move that the Smithfield Town Council approve a new Sidewalk Sales License for Blackbird

Farm, LLC d/b/a "Blackbird Farm", to hold a Farmer's Market every Friday beginning on May

26, 2017 through late October, with the hours of operation to be from 4:00 p.m. to 7:00 p.m., at

property located on 122 Limerock Road, subject to compliance with all State regulations and

local ordinances.