Preservation Society Trumps City: Food Service to be Allowed at the Mansions

NEWPORT, RI — Rhode Island's Supreme Court is saying the City must grant a victualing license to sell food at The Elms and at the Marble House Tea House.

That's the decision issued today, which also says the only excuse not to issue the licenses would be evidence of health or safety concerns.

According to the court, the Preservation Society of Newport County and Newport Catering, Inc., d/b/a Glorious Affairs, Ltd., asked for a review of the city council's decision to deny two victualing licenses.

"The Supreme Court, after a careful review of the entire record, held that the Council in 2014 failed to provide factual findings and legal grounds to support its decision denying the petitioners’ applications for victualing licenses. That Council was also in derogation of its responsibilities for its failure to have pointed to any meaningful evidence in the record of health and/or safety concerns—which are, pursuant to § 5.72.020 of the Code of Ordinances of the City of Newport, required to be the focus of such licensing decisions. Accordingly, the Court directed the present Council to issue victualing licenses to petitioners forthwith," unless the City can come up with health and safety concerns.

It won't be the first time food has been sold on the Preservation Society's properties. Visitors had been able in the past to buy a cold sandwich at The Elms.

Neighbors have opposed the efforts to allow the food at the properties, which are located in residential neighborhoods, and restaurant owners have also objected, anticipating a loss of business and revenues.

But according to the press release from the Preservation Society, the "Rhode Island Supreme Court today ordered the City of Newport to "issue victualing licenses...forthwith" to The Preservation Society of Newport County for The Elms Carriage House and the Chinese Tea House at Marble House.

"The Court found that only matters of health and safety, as opposed to Zoning considerations, should have been considered when the Council reviewed the Preservation Society’s applications for licenses in 2014," said attorney William R. Landry, who represented the Preservation Society. "The Zoning issues relating to food service were clarified in the Preservation Society’s favor by the Newport Zoning Board in 2015, and in two Decisions by the Rhode Island Supreme Court earlier this year, in connection with The Breakers Welcome Center."

"We are grateful to the court for its careful consideration of the victualing license matter, and we welcome today's decision," said Preservation Society Board Chair Monty Burnham.

"The Preservation Society is currently focused on beginning construction of The Breakers Welcome Center in the next few weeks, and will announce its plans for The Elms and Marble House in the near future," said Trudy Coxe, CEO & Executive Director of the Preservation Society.