Chapter 1 General Provisions

3-1-1. Definitions.

As used in this title, unless the context otherwise requires:

  1. “Alcohol inhalation” means a method of administering ethanol or alcoholic beverages directly into the respiratory system, with the aid of a vaporizing or nebulizing device.
  2. “Alcohol-without-liquid device” means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of inhaling alcohol vapor or otherwise introducing alcohol in any form into the human body including, but not limited to, introducing a heating element to convert the alcohol to a vapor or by mixing alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or snort. An alcohol-without-liquid device does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication.
  3. “Beverage” means any liquid that either by itself or by mixture with any other liquid or liquids, is, or may become, fit for human consumption as a drink and that contains five-tenths of one per cent (.5%) or more of alcohol by weight.
  4. “Club” means a corporation subject to the provisions of chapter 6 of title 7, owning, hiring, or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly, or indirectly, any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests beyond the amount of any reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.
  5. “Department” means the department of business regulation.
  6. “Director” means the director of the department of business regulation.
  7. “Division of taxation” means the division of taxation of the department of administration.
  8. “Farmer-winery” means any plant or premise where wine is produced, rectified, blended, or fortified from fruits, flowers, herbs, or vegetables.
  9. “Import” means at one time, or in one transaction, to take, or cause to be taken, into this state from outside the state any malt beverage in excess of eight (8) gallons or any vinous beverage or any beverage consisting in whole, or in part, of alcohol produced by distillation in excess of three (3) gallons.
  10. “Intoxicating beverage” means a beverage that contains more than three and two-tenths percent (3.2%) of alcohol by weight.
  11. “Malt beverage” means any beverage that is usually produced at breweries, as distinguished from distilleries.
  12. “Nonintoxicating beverage” means a beverage that contains not more than three and two-tenths percent (3.2%) of alcohol by weight.
  13. “Powdered alcohol” means alcohol prepared for sale or other distribution in a dry powder or crystalline, or encapsulated in dry or crystalline form, for direct consumption or reconstitution.
  14. “Tavern” means any house where the principal business is the furnishing of food and sleeping accommodations.
  15. “Victualing house” means any shop or place where a substantial part of the business is the furnishing of food for consumption at the place where it is furnished.
  16. “Winegrower” means any person licensed to operate a farmer’s winery under § 3-6-1.1 .
  17. “Wines” means all fermented alcoholic beverages made from fruits, flowers, herbs, or vegetables and containing not more than twenty-four percent (24%) of alcohol by volume at sixty degrees Fahrenheit (60 degrees F), except cider obtained by the alcohol fermentation of the juice of apples and containing not less than five tenths of one percent (.05%) or containing not more than six percent (6%) of alcohol by weight at sixty degrees Fahrenheit (60 degrees F), including, but not limited to, flavored, sparkling, or carbonated cider.

History of Section. P.L. 1933, ch. 2013, § 1; P.L. 1934, ch. 2088, § 1; G.L. 1938, ch. 162, § 1; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-1-1 ; P.L. 1972, ch. 119, § 1; P.L. 1978, ch. 223, § 1; P.L. 1996, ch. 100, art. 36, § 1; P.L. 1998, ch. 441, § 6; P.L. 1998, ch. 456, § 1; P.L. 2016, ch. 11, § 1; P.L. 2016, ch. 12, § 1; P.L. 2016, ch. 437, § 1; P.L. 2016, ch. 438, § 1.

Compiler’s Notes.

This section was amended by four acts (P.L. 2016, ch. 11, § 1; P.L. 2016, ch. 12, § 1; P.L. 2016, ch. 437, § 1; P.L. 2016, ch. 438, § 1) as passed by the 2016 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

P.L. 2016, ch. 11, § 1, and P.L. 2016, ch. 12, § 1 enacted identical amendments to this section.

P.L. 2016, ch. 437, § 1, and P.L. 2016, ch. 438, § 1 enacted identical amendments to this section.

Cross References.

Functions of department of business regulation, § 42-14-2 .

Comparative Legislation.

Definitions:

Conn. Gen. Stat. § 30-1.

Mass. Ann. Laws ch. 138, §§ 1 — 78.

NOTES TO DECISIONS

Constitutionality.

The business of the sale of intoxicating liquor is so clearly within the police power of the state that it may be entirely prohibited or may be restricted as far as not discriminatory under the equal protection and due process clause of U.S. Const., Amend. XIV. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Clubs.

Determination by administrator as to whether applicant for Class D license was a club was a question of fact and his discretion exercised on conflicting evidence was not reviewable by supreme court on certiorari. Messier v. Daneker, 81 R.I. 243 , 101 A.2d 797, 1954 R.I. LEXIS 71 (1954).

Nonintoxicating Beverages.

Defendant could be held liable for operating a motor vehicle while intoxicated, even though allegedly having drunk only beer with no more than 3.2 per cent of alcohol, even though § 3-1-2 states such to be nonintoxicating. State v. Parquette, 54 R.I. 283 , 172 A. 613, 1934 R.I. LEXIS 61 (1934).

Collateral References.

Test of intoxicating character of liquor. 4 A.L.R. 1137; 11 A.L.R. 1233; 19 A.L.R. 512; 36 A.L.R. 725; 91 A.L.R. 513.

3-1-2. Intoxicating and nonintoxicating beverages.

Beverages are divided into two (2) classes — intoxicating and nonintoxicating. It is declared that beverages containing not more than three and two-tenths percent (3.2%) of alcohol by weight are nonintoxicating.

History of Section. P.L. 1933, ch. 2013, § 2; G.L. 1938, ch. 162, § 2; G.L. 1956, § 3-1-2 .

Cross References.

Regulation of nonintoxicating beverages, §§ 21-23-1 21-23-7 .

NOTES TO DECISIONS

Nonintoxicating Beverages.

Defendant could be held liable for operating a motor vehicle while intoxicated, even though allegedly having drunk only six bottles of beer with no more than 3.2 per cent of alcohol, even though this section states such to be nonintoxicating. State v. Parquette, 54 R.I. 283 , 172 A. 613, 1934 R.I. LEXIS 61 (1934).

Purpose of Division.

The division of beverages into intoxicating and nonintoxicating classes was to provide that no license for the manufacture or sale of intoxicating liquor should be issued while the Eighteenth Amendment to the United States Constitution was in force. State v. Parquette, 54 R.I. 283 , 172 A. 613, 1934 R.I. LEXIS 61 (1934).

3-1-3. Manufacture or sale of cider and manufacture of wines and malt liquors for domestic use exempt from title.

Nothing contained in this title and chapter shall be construed as to prohibit the manufacture of cider, or the sale of cider; or the manufacture of wine or malt liquors for domestic use.

History of Section. P.L. 1933, ch. 2013, § 67; G.L. 1938, ch. 163, § 20; G.L. 1956, § 3-1-3 .

Comparative Legislation.

Manufacture for personal use:

Mass. Ann. Laws ch. 138, § 3.

3-1-4. Sales on execution exempt from title.

Nothing in this title and chapter shall be construed as prohibiting deputy sheriffs, constables and town sergeants from selling beverages, as defined in this title, under and by virtue of executions duly levied.

History of Section. P.L. 1933, ch. 2013, § 77; G.L. 1938, ch. 163, § 19; G.L. 1956, § 3-1-4 ; P.L. 2012, ch. 324, § 7.

3-1-5. Liberal construction of title.

This title shall be construed liberally in aid of its declared purpose which declared purpose is the promotion of temperance and for the reasonable control of the traffic in alcoholic beverages; provided, however, that the promotion of incentive programs or discounts for any person sixty-five (65) years of age or older, active duty members of the armed forces of the United States, and members of the National Guard or Reserves shall be allowed.

History of Section. P.L. 1933, ch. 2013, § 81; G.L. 1938, ch. 175, § 1; G.L. 1956, § 3-1-5 ; P.L. 2010, ch. 59, § 1; P.L. 2010, ch. 77, § 1.

Law Reviews.

For note, “On Tap, 44 Liquormart, Inc. v. Rhode Island: Last Call for the Commercial Speech Doctrine,” see 2 R.W.U.L. Rev. 57 (1996).

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

NOTES TO DECISIONS

Constitutionality.

Rhode Island’s statutory prohibition against advertisements that provide the public with accurate information about retail prices of alcoholic beverages was unconstitutional; this holding rests on the conclusion that such an advertising ban is an abridgment of speech protected by the First Amendment and that it is not shielded from constitutional scrutiny by the Twenty-first Amendment. 44 Liquormart v. Rhode Island, 517 U.S. 484, 116 S. Ct. 1495, 134 L. Ed. 2d 711, 1996 U.S. LEXIS 3020 (1996).

3-1-6. Severability.

  1. Each section of this title and each part of each section is declared to be a separable and independent section, and the holding of any section or sections or part or parts of this title to be void, ineffective or unconstitutional for any cause, shall not be deemed to affect any other section or part of this title.
  2. If any provision of this title, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, the remaining provisions and sections shall be construed in accordance with the intent of the general assembly to limit rather than expand commerce in alcoholic beverages and to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the three-tier regulatory system imposed by this title upon all alcoholic beverages.

History of Section. P.L. 1933, ch. 2013, § 81; P.L. 1934, ch. 2088, § 14; G.L. 1938, ch. 175, § 2; G.L. 1956, § 3-1-6 ; P.L. 2013, ch. 519, § 2; P.L. 2013, ch. 530, § 2.

Chapter 2 Liquor Control Administration

3-2-1. Repealed.

History of Section. P.L. 1933, ch. 2013, § 82; G.L. 1938, ch. 164, § 2; impl. am. P.L. 1939, ch. 660, § 123; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; Repealed by P.L. 1996, ch. 100, art. 36, § 4, effective July 1, 1996.

Compiler’s Notes.

Former § 3-2-1 concerned the offices of the liquor control administrator.

3-2-2. Supervision.

  1. The department has general supervision of the conduct of the business of manufacturing, importing, exporting, storing, transporting, keeping for sale, and selling beverages.
  2. The department may lease a warehouse for the purpose of efficiently exercising its powers and duties of inspection and may upon reasonable charges store beverages for license holders in the warehouse. No lease shall be for a longer period than five (5) years and every lease shall contain the provision that if it becomes unlawful to manufacture, keep for sale, and to sell beverages in this state it shall become void.
  3. The department has the power at any time to issue, renew, revoke and cancel all manufacturers’, wholesalers’ and retailers’ Class G licenses and permits as are provided for by this title.
  4. The department shall supervise and inspect all licensed places to enforce the provisions of this title and the conditions, rules and regulations which the department establishes and authorizes.

History of Section. P.L. 1933, ch. 2013, § 13; P.L. 1934, ch. 2088, § 4; G.L. 1938, ch. 164, § 6; P.L. 1941, ch. 1038, § 2; P.L. 1952, ch. 3044, § 1; G.L. 1956, § 3-2-2 ; P.L. 1970, ch. 79, § 2; P.L. 1996, ch. 100, art. 36, § 2.

Cross References.

Department of business regulation, § 42-14-1 et seq.

Comparative Legislation.

Commission and powers:

Conn. Gen. Stat. §§ 30-2 — 30-8.

Mass. Ann. Laws ch. 10, §§ 70 — 74.

NOTES TO DECISIONS

Appeal From Administrator.

No appeal was allowable under former § 3-3-5 from order of administrator fixing retail prices of liquors, even though an appeal was allowable from order fixing wholesale prices. Nocera Bros. Liquor Mart v. Liquor Control Hearing Bd., 81 R.I. 186 , 100 A.2d 652, 1953 R.I. LEXIS 34 (1953).

Notice of Violations.

Letter from administrator advising license holder of charge of violation of rule was sufficient to inform the license holder of the nature of the charge where the letter quoted the rule. Nocera Bros. Liquor Mart v. Liquor Control Hearing Bd., 84 R.I. 214 , 122 A.2d 903, 1956 R.I. LEXIS 49 (1956).

Revocation or Suspension of Licenses.

There is nothing in the statute to limit the power of the administrator to revoke or suspend licenses to those which he is authorized to issue, and he may initiate a hearing on his own motion to revoke or suspend any type of liquor license. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

Administrator had power and jurisdiction to initiate a hearing on his own motion to revoke a Class A retail license issued by the city for violation of § 3-7-10 in selling alcoholic beverages to an unlicensed dealer. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

Rules and Regulations.

The administrator has the authority to make regulations, orders and decisions in connection with the power to fix prices. Nocera Bros. Liquor Mart v. Liquor Control Hearing Bd., 81 R.I. 186 , 100 A.2d 652, 1953 R.I. LEXIS 34 (1953).

Rule to fix wholesale prices of liquor was not unconstitutional on the ground that it was an unlawful exercise of legislative power, since the legislature in granting the authority established the standard, to wit “cost plus percentage markup basis.” Nocera Bros. Liquor Mart v. Liquor Control Hearing Bd., 81 R.I. 186 , 100 A.2d 652, 1953 R.I. LEXIS 34 (1953).

Rule promulgated under authority to fix wholesale price of liquor was not a violation of due process, since a license to deal in intoxicating liquors is not a property or contract right, and furthermore regulation of liquor business by the state is under the police power and as long as reasonable will be enforced for the well-being of the people. Nocera Bros. Liquor Mart v. Liquor Control Hearing Bd., 81 R.I. 186 , 100 A.2d 652, 1953 R.I. LEXIS 34 (1953).

Administrator, in establishing rule fixing costs for price charged by retailer, was not required to include in such costs the elements set forth in rule fixing wholesaler’s price. Nocera Bros. Liquor Mart v. Liquor Control Hearing Bd., 84 R.I. 214 , 122 A.2d 903, 1956 R.I. LEXIS 49 (1956).

Petitioner was not prejudiced by action of liquor control hearing board in denying request to ask questions relative to promulgation of rule, which petitioner alleged would have tended to show that rule was not promulgated by administrator on his volition, since it was immaterial whether administrator promulgated rule on his own initiative or upon orders of his superior. Nocera Bros. Liquor Mart v. Liquor Control Hearing Bd., 84 R.I. 214 , 122 A.2d 903, 1956 R.I. LEXIS 49 (1956).

Whether or not liquor control administrator had power to make regulations could not be questioned where no question was raised by the director of business regulation. Independent Beer Distribs. Ass'n v. Liquor Control Hearing Bd., 94 R.I. 354 , 180 A.2d 805, 1962 R.I. LEXIS 82 (1962).

3-2-3. Bureau of inspection — Superintendent.

Within the department, there is a bureau of inspection. The superintendent of the bureau shall be appointed by the director of business regulation.

History of Section. P.L. 1935, ch. 2250, § 74; G.L. 1938, ch. 164, § 7; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-2-3 ; P.L. 1996, ch. 100, art. 36, § 2.

3-2-3.1. Bureau of importation — Superintendent.

Within the division of taxation there is a bureau of importation. The superintendent of the bureau is appointed by the director of the department of administration.

History of Section. P.L. 1996, ch. 100, art. 36, § 3.

3-2-4. Superintendents ineligible to hold other office.

Any person qualifying for the office of superintendent of the bureau of importation or superintendent of the bureau of inspection shall cease to hold any other elective office under the laws of this state. Anyone holding any office of trust and confidence under the laws of the United States shall not be eligible to qualify for the office of superintendent of the bureau of importation or inspection.

History of Section. P.L. 1933, ch. 2013, § 52; G.L. 1938, ch. 164, § 3; impl. am. P.L. 1939, ch. 660, § 123; G.L. 1956, § 3-2-4 ; P.L. 1996, ch. 100, art. 36, § 2.

3-2-5. Administration of oaths — Subpoena power — False swearing.

  1. The superintendents of the bureaus of importation and inspection are authorized to administer oaths in matters on formal hearing before them and also in connection with any matter having to do with the performance of their duties.
  2. The department in all cases before it is authorized and empowered to summon witnesses by subpoena signed by the director of the department and to compel those witnesses to attend and testify in the same manner as in either the supreme or the superior courts.
  3. The department is authorized to compel the production of all papers, books, documents, records, certificates or other legal evidence that may be necessary for the determination and the decision of any question or the discharge of any duty required by law of the department, by issuing a subpoena duces tecum signed by the director. Any person who disobeys that writ is considered in contempt of the department, and the department may punish that and any other contempt of its authority in the same manner as contempts may be punished in either the supreme or the superior court.
  4. Any person who willfully swears falsely in any proceeding, matter or hearing before the department is guilty of the crime of perjury.

History of Section. P.L. 1933, ch. 2013, § 10; G.L. 1938, ch. 164, § 8; impl. am. P.L. 1939, ch. 660, § 123; G.L. 1956, § 3-2-5 ; P.L. 1996, ch. 100, art. 36, § 2.

Cross References.

Perjury, § 11-33-2 .

3-2-6. Suspension or revocation of license for refusing official’s access to licensed premises.

If any inspector or other officer charged with the duty of supervision or inspection of places licensed under the provisions of this title is refused access to any licensed premises at a time when any person is within the licensed premises, after exhibiting his or her credentials if requested, that refusal shall be a sufficient ground for the suspension or revocation of that license.

History of Section. G.L., ch. 164, § 6, as enacted by P.L. 1940, ch. 814, § 9; P.L. 1941, ch. 1038, § 2; P.L. 1952, ch. 3044, § 1; G.L. 1956, § 3-2-6 .

3-2-7. Records of the department.

All records of the department relating to liquor control are declared to be public records and are open to public inspection under any rules that the department of business regulation makes. The governor and attorney general are authorized to require the department to furnish to them any record, information, copy of any document, paper, book or other thing in their possession. Certified copies of any part of the records of the department are prima facie evidence of the matters contained in the records.

History of Section. P.L. 1933, ch. 2013, § 79; G.L. 1938, ch. 164, § 14; impl. am. P.L. 1939, ch. 660, § 123; G.L. 1956, § 3-2-7 ; P.L. 1996, ch. 100, art 36, § 2.

3-2-8. Repealed.

History of Section. P.L. 1933, ch. 2013, § 9; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 164, § 15; impl. am. P.L. 1939, ch. 660, § 123; Repealed by P.L. 1996, ch. 100, art. 36, § 4, effective July 1, 1996.

Compiler’s Notes.

Former § 3-2-8 concerned the appropriation for salaries and expenses of the liquor control administrator and the superintendents.

Chapter 3 Liquor Control Hearing Board [Repealed.]

3-3-1 — 3-3-10. Repealed.

Repealed Sections.

This chapter (P.L. 1939, ch. 660, § 128; P.L. 1940, ch. 821, § 5; P.L. 1970, ch. 79, § 3; P.L. 1976, ch. 140, § 1; P.L. 1980, ch. 142, § 4), consisting of §§ 3-3-1 to 3-3-1 0 and concerning the liquor control hearing board, was repealed by P.L. 1996, ch. 100, art. 36, § 5, effective July 1, 1996.

Chapter 4 Transportation of Beverages

3-4-1. Importation orders.

  1. Except as otherwise provided, it is unlawful to import beverages into this state. A person desiring to import beverages into this state may place with the division of taxation an order directed to a dealer for the beverage he or she desires to import and shall satisfy the division of taxation of his or her intention to pay for the merchandise. The division of taxation shall execute these orders unless doing so would involve some illegal act or the doing of an act which would be cause for the forfeiture of any license issued under this title.
  2. All sellers, dealers, merchants, wholesalers and retailers of beverages who advertise in the state of Rhode Island, or whose advertisements are reasonably anticipated to circulate in this state shall prominently and conspicuously include within the advertisement a notice printed using a font size equal to but not larger than the font size of the largest price designation featured in the advertisement stating that the importation of beverages into the state, after purchase outside of the state, are subject to Rhode Island sales tax, and the failure to pay such tax may result in the seizure of such beverages upon entry into the state.
  3. Any entity accepting commercial advertisements from any seller, dealer, merchant, wholesaler or retailer of beverages shall not publish such advertisement for the sale of such beverages unless the advertisement includes the notice set forth in this section.

History of Section. P.L. 1933, ch. 2013, § 39; P.L. 1934, ch. 2088, § 10; G.L. 1938, ch. 164, § 11; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-4-1 ; P.L. 1996, ch. 100, art 36, § 6; P.L. 2007, ch. 73, art. 7, § 13.

Cross References.

Functions of department of business regulation, § 42-14-2 .

Comparative Legislation.

Transportation:

Conn. Gen. Stat. §§ 30-17, 30-19f.

Mass. Ann. Laws ch. 138, §§ 1 — 78.

Collateral References.

Airplane, unlawful transportation of intoxicating liquor in. 99 A.L.R. 209.

Purchaser who employed others to deliver the liquors to him, liability of. 74 A.L.R. 1114; 131 A.L.R. 1322.

Taking liquor by automobile as transportation. 65 A.L.R. 988.

Transporting liquor and possessing liquor as a single offense or separate offense. 74 A.L.R. 411.

What amounts to transportation of intoxicating liquor. 65 A.L.R. 983.

3-4-2. Payment of purchase price and service charges.

If the division of taxation decides to execute an order pursuant to § 3-4-1 , it may require the payment to it, with the order and the means of paying for the merchandise desired, of a reasonable sum to cover any expenses it may be put to in connection with the transaction taken in connection with other similar transactions. It is a condition precedent to the receiving of the merchandise covered by the order that the party desiring the importation has paid the division of taxation a service charge based upon the manufacturing rates set forth in § 3-10-1 provided, that if the order is placed by a licensee who engages to store the goods ordered, or any part of them, in the warehouse of the department, then the payment of the service charge may be deferred until the goods are withdrawn from the warehouse and in that case the service charge is paid before each lot or parcel is withdrawn.

History of Section. P.L. 1933, ch. 2013, § 39; P.L. 1934, ch. 2088, § 10; G.L. 1938, ch. 164, § 11; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-4-2 ; P.L. 1964, ch. 235, § 1; P.L. 1996, ch. 100, art. 36, § 6; P.L. 1997, ch. 30, art. 35, § 2.

Cross References.

Authority to maintain warehouse, § 3-2-2 .

3-4-3. Importation and payments by division of taxation.

The division of taxation may arrange for the importation and payment of the sale price of the imported article. In case it does so, it shall cause the importation to be made in a manner that it will have an opportunity to examine and inspect the articles imported. All sums paid to the division of taxation, excepting sums for the payment of the sale price, shall be turned over to the general treasurer for the use of the state.

History of Section. P.L. 1933, ch. 2013, § 39; P.L. 1934, ch. 2088, § 10; G.L. 1938, ch. 164, § 11; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-4-3 ; P.L. 1996, ch. 100, art. 36, § 6.

3-4-4. Risk assumed by purchaser.

The only obligation of the division of taxation, if it decides to execute an order pursuant to § 3-4-1 , is to mail the order and the medium of payment for the order in case the division of taxation transmits the means of payment, to inspect the merchandise upon its delivery, and to notify the party ordering the merchandise of its arrival and where it may be found. The leaving with the division of taxation of the order and the making of the payments are taken to be an agreement upon the part of the person desiring the importation to assume all the risks of the transaction, and it is declared that he or she assumes those risks.

History of Section. P.L. 1933, ch. 2013, § 39; P.L. 1934, ch. 2088, § 10; G.L. 1938, ch. 164, § 11; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-4-4 ; P.L. 1996, ch. 100, art. 36, § 6.

3-4-5. Class G licensees exempt.

Nothing contained in §§ 3-4-1 3-4-4 applies to or affects the rights of holders of Class G licenses to transport within this state, or to import into this state, beverages kept for sale or sold while actually en route in the cars or on the vessels of those licensees.

History of Section. P.L. 1933, ch. 2013, § 39; P.L. 1934, ch. 2088, § 10; G.L. 1938, ch. 164, § 11; G.L. 1956, § 3-4-5 .

3-4-6. Penalty for carrying beverages for unlawful sale.

Every express carrier, common carrier, or other person who, for the purpose of carrying to any other person, receives any beverage which has been sold or is intended for sale in violation of this title, having reasonable cause to believe that the beverage has been, or is intended to be sold, shall be fined not more than five hundred dollars ($500) and may be prosecuted for this violation in the city or town where the beverage has been received, or in any city or town through or into which it has been carried.

History of Section. P.L. 1933, ch. 2013, § 47; G.L. 1938, ch. 170, § 7; P.L. 1976, ch. 180, § 1.

3-4-7. Waybill or memorandum of shipment required.

Whenever beverages are transported in wholesale quantities as defined in this section from the place where sold for delivery to the purchaser, the person in charge of the vehicle in which the beverage is transported shall, during the transportation, have in his or her possession a waybill or a memorandum from the seller to the purchaser showing the name and address of the seller and of the purchaser and the quantity and character of the beverage sold and transported. Upon the demand of any of the officers mentioned in this title, the person in charge of the transportation shall exhibit the waybill or the memorandum. The provisions of this section apply to interstate transactions insofar as this state, in the exercise of its police powers, may impose them. Any person transporting beverages in violation of this section shall be fined not more than fifty dollars ($50.00) for each offense.

History of Section. P.L. 1933, ch. 2013, § 51; P.L. 1934, ch. 2088, § 11; G.L. 1938, ch. 170, § 8; G.L. 1956, § 3-4-7 .

3-4-8. Unlawful sale and shipment.

  1. It shall be unlawful for any person in the business of selling intoxicating beverages in another state or country to ship or cause to be shipped any intoxicating beverage directly to any Rhode Island resident who does not hold a valid wholesaler license issued by the State of Rhode Island. The foregoing shall not apply to any order for intoxicating beverages personally placed by the purchaser at the manufacturer’s premises, for shipment to an address in Rhode Island for nonbusiness purpose. Any shipment of intoxicating beverages pursuant to this section shall contain the language: “Contains Alcohol, Adult Signature (over 21) Required for Delivery.”
  2. Any person who violates subsection (a) of this section shall, for the first offense, be mailed a certified letter by the department ordering that person to cease and desist any shipment of intoxicating beverages to Rhode Island residents and for each subsequent offense shall be fined one thousand five hundred dollars ($1,500).

History of Section. P.L. 2001, ch. 314, § 1; P.L. 2001, ch. 341, § 1; P.L. 2002, ch. 311, § 1.

Chapter 5 Licenses Generally

3-5-1. License required for manufacture, sale, or importation of beverages.

No person shall at any time manufacture or sell or suffer to be manufactured or sold or keep or suffer to be kept on his or her premises or possession or under his or her charge for the purpose of sale within this state any beverage unless licensed to do so as provided in this title; and except as provided in this title no person shall import, or suffer to be imported beverages into this state.

History of Section. P.L. 1933, ch. 2013, § 3; G.L. 1938, ch. 163, § 1; G.L. 1956, § 3-5-1 .

Cross References.

Functions of department of business regulation, § 42-14-2 .

Unlicensed manufacture or distribution of intoxicating liquor, penalty, §§ 11-30-2 , 11-30-4 .

Comparative Legislation.

Licenses and permits:

Conn. Gen. Stat. § 30-14 et seq.

Mass. Ann. Laws ch. 138, §§ 1 — 78.

NOTES TO DECISIONS

Property Right.

A license under this title is not a property right. Casala v. Dio, 65 R.I. 96 , 13 A.2d 693, 1940 R.I. LEXIS 87 (1940).

Collateral References.

Civil liability of one taking out license for sale of liquor for benefit of another. 2 A.L.R. 1516.

Contracts of unlicensed dealers, validity and enforceability of. 30 A.L.R. 868; 42 A.L.R. 1226; 118 A.L.R. 646.

Defenses: distillery: inability to obtain license, permit, or charter required for tenant’s business as defense to enforcement of lease. 89 A.L.R.3d 329.

Discrimination: population, validity of statutory classifications based on population. 100 A.L.R.3d 850.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

Licenses and permits: execution or attachment of liquor license. 40 A.L.R.4th 927.

Operation and effect, in dry territory, of general state statute making sale or possession for sale of intoxicating liquor, without a license, an offense. 8 A.L.R.2d 750.

3-5-2. Local option — Questions put to electors — Petition for election.

  1. In every election in every town and city, held for the election of town or city officers, the official or officials charged with the duty of preparing the official ballot labels, shall cause to be printed on these ballot labels the following questions: “Shall licenses for the sale of beverages as defined in chapters 5, 6, and 7 of title 3, be issued in this town (or city)?” “Shall retailers’ Class C beverage licenses provided for in § 3-7-8 , be issued in this town (or city)?”
  2. No vote may be taken on either of those questions in any town or city unless a number of qualified electors equal in cities to ten percent (10%) and in towns to fifteen per cent (15%) of the total legal vote cast in the city or town for governor at the general election next preceding shall petition the clerk or the official acting as the secretary or clerk of the board of canvassers and registration, or the board, body or official exercising in that town or city the powers of such a board, at least twenty (20) days prior to the election and the clerk or other official shall, on the petition, insert a provision for the taking of the vote or votes in the warrant calling the town, ward or district meeting.

History of Section. P.L. 1933, ch. 2013, § 25; P.L. 1934, ch. 2088, § 7; G.L. 1938, ch. 171, § 1; G.L. 1956, § 3-5-2 .

Comparative Legislation.

Local option:

Conn. Gen. Stat. §§ 30-9 — 30-13a.

Mass. Ann. Laws ch. 138, §§ 11, 11A.

NOTES TO DECISIONS

License Types.

Once the electors of a city or town have authorized the issuance of licenses for the sale of alcoholic beverages, the local licensing board cannot prescribe the classes of licenses that may or may not issue or prohibit altogether the issuing of a particular class of licenses. Board of License Comm'rs v. Daneker, 78 R.I. 101 , 79 A.2d 614, 1951 R.I. LEXIS 42 (1951).

Collateral References.

Change of “wet” or “dry” status fixed by local option election by change of name, character or boundaries of voting, without later election. 25 A.L.R.2d 863.

Constitutional and statutory provisions establishing local option as reviving, modifying or repealing by implication prior laws penalizing transportation. 134 A.L.R. 434.

Federal constitutional and legislative provisions as to intoxicating liquor as affecting state local option statutes. 26 A.L.R. 672; 70 A.L.R. 132.

Petition for election, nonregistration as affecting one’s qualification as signer of. 100 A.L.R. 1308.

3-5-3. Tabulation of votes.

The results of the vote upon questions submitted in the towns and cities shall be counted and tabulated in the manner provided for in chapter 19 of title 17.

History of Section. P.L. 1933, ch. 2013, § 25; P.L. 1934, ch. 2088, § 7; G.L. 1938, ch. 171, § 1; G.L. 1956, § 3-5-3 .

3-5-4. Denial of licenses after adverse vote.

If a majority of ballots cast on which the electors have indicated their choice upon the first of the questions in § 3-5-2 is against the granting of licenses, no license for the sale of beverages mentioned in the question shall be issued under the provisions of this chapter and chapters 6 and 7 of this title in the town or city for the two (2) years beginning December second after the election, nor until a majority of the electors of the town or city who vote in response to the question at a subsequent election in the town or city vote affirmatively on this question. If a majority of the ballots cast on which the electors have indicated their response to the second of the questions in § 3-5-2 is against the granting of the license mentioned in the question, no license shall be issued in the town or city during the same two (2) years, nor until a majority of the electors in the town or city, who vote in response to the question shall, at a subsequent similar election, vote affirmatively on this question. Nothing contained in this section prevents the granting of a license for the manufacture of beverages in any city or town to be sold for export beyond the state, or to any person authorized to sell those beverages in any city or town in the state.

History of Section. P.L. 1933, ch. 2013, § 25; P.L. 1934, ch. 2088, § 7; G.L. 1938, ch. 171, § 1; G.L. 1956, § 3-5-4 .

3-5-5. Towns and cities in which licenses authorized.

It is lawful in every town and city in this state, except in the town of Barrington, to issue licenses for the manufacture, keeping for sale, and sale of beverages in these cities and towns and if upon any referendum provided for in § 3-5-2 the majority of the ballots cast in the town of Barrington are in favor of granting licenses for the sale of nonintoxicating or intoxicating beverages, then licenses may be issued for the sale in that town of beverages in accordance with the result of that referendum; and provided, further, that no license for the sale of nonintoxicating beverages or of intoxicating beverages shall be issued in any town or city in this state if a majority of the ballots on which the electors in these cities or towns have indicated their response to the appropriate question are opposed to the issuing of those licenses.

History of Section. P.L. 1933, ch. 2013, § 4; P.L. 1934, ch. 2088, § 2; G.L. 1938, ch. 163, § 2; G.L. 1956, § 3-5-5 .

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

3-5-6. Classes of licenses.

There are several classes of beverage licenses, each of which authorizes the doing of things stated in the chapter and sections concerning the class of license.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-5-6 .

3-5-7. Wholesale and retail sales distinguished.

The sale of malt beverages in quantities of more than eight (8) gallons and the sale of vinous beverages and of beverages consisting in whole or in part of alcohol, which is the product of distillation in quantities of more than three (3) gallons, constitutes a sale by wholesale, and a sale of those beverages in lesser quantities constitutes a sale at retail; provided, that the sale of any quantity of beverages to a nonlicense holder constitutes a sale at retail.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-5-7 .

3-5-8. Expiration date of licenses.

Every license except retailer’s Class F licenses and retailer’s Class G licenses shall expire on December 1 after its issuance.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-5-8 .

Cross References.

Veteran’s certificate, renewal on discharge, § 30-20-1 .

NOTES TO DECISIONS

Renewal.

Since § 42-35-14 presupposes that on certain occasions an “agency” will not act prior to normal date of a license and provides for that contingency by extending the life of license until the last date provided by law for seeking review of agency’s post expiration date action, the petitioner’s argument, that the failure of licensing bureau to act on its application for renewal of liquor license prior to expiration of license deprived the bureau of jurisdiction to act thereon at a later date and renewed automatically its license for another year, was untenable even if the licensing authority was an “agency” within the contemplation of subsection (b) of § 42-35-14 . Chernov Enters. v. Sarkas, 109 R.I. 283 , 284 A.2d 61, 1971 R.I. LEXIS 1055 (1971).

3-5-9. Premises covered.

Not more than one retail license, except in the case of a retailer’s Class E license, shall be issued for the same premises. Every license shall particularly describe the place where the rights under the license are to be exercised and beverages shall not be manufactured or kept for sale or sold by any licensee except at the place described in his or her license.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-5-9 ; P.L. 1998, ch. 441, § 7.

3-5-10. Residence of licensees and qualifications of persons and corporations as licensee.

    1. Except as otherwise provided, licenses are issued only to citizens who are residents of this state. It is not required that dining car companies, sleeping car companies, railroad companies operating in this state, or companies operating passenger-carrying marine vessels in this state be citizens of this state in order to be eligible to receive retailers’ Class G licenses. Retailer’s licenses may, however, be issued to corporations incorporated in any other of the United States which are authorized by the secretary of state to transact business in this state.
    2. Notwithstanding the provisions of subsection (a)(1) of this section, no license shall be issued, granted, renewed, or transferred to any trust or trustee or to any corporation of which any share or shares of stock or other indicia of ownership or control are owned or held by any trust, or trustee, business organization, or other entity or person other than a natural person or corporation authorized by the secretary of state to transact business in this state; provided, however, that this subsection shall not affect any grant, renewal, or transfer of a license which occurred prior to the effective date of this subsection [June 15, 2000].
    1. In applications for beverage licenses by corporations except those having more than twenty-five (25) stockholders, the names and addresses of all officers and members of the board of directors and of all stockholders shall be filed with the board, body, or official to whom application is made. No beverage license shall be issued to the corporation unless each officer, director or stockholder is a suitable person to hold a license within the discretion of the board, body or official to whom application is made.
    2. All those corporations holding beverage licenses shall report to the board, body or official who issued the licenses the name of any newly elected officer or director and the acquisition by any person of more than ten percent (10%) of any class of corporate stock, within thirty (30) days after the election or acquisition. Thereupon, the board, body or official may call a hearing, at its discretion, to determine whether the new officer, director or stockholder is a suitable person under this section and the board, body or official may revoke or suspend the license if the new officer or director or stockholder is not a suitable person to hold a license.
    3. No person shall acquire fifty percent (50%) or more of any class of the stock of any corporation licensed under this section, except corporations having more than twenty-five (25) stockholders, unless permission for the acquisition is first given by the board, body or official who issued the license. Application for permission to acquire stock is subject to the provisions of § 3-5-19 relating to the transfer of a license to another person except that it shall not be necessary that a new bond be given. Unless the board, body or official determines that the person seeking permission to acquire fifty per cent (50%) or more of the corporation’s stock is a suitable person to hold a license, the permission shall not be given.
    4. The beverage license of a corporation is subject to suspension or revocation for failure to comply with any of the provisions of this section or for any fraud or misrepresentation in connection with the beverage license.
  1. Applicants for beverage licenses shall make full disclosure in their applications for a license of any interest, whether direct or indirect, by any other person, firm or corporation in the license applied for, and failure to do so or any misrepresentation by the applicant may be cause for denial of the application or revocation of the license if granted by the board, body or official issuing the license.
  2. The board, body or official issuing beverage licenses may also deny applications of persons who have criminal records, or who have records of repeated violations of this title.

History of Section. P.L. 1933, ch. 2013, § 17; P.L. 1934, ch. 2088, § 5; G.L. 1938, ch. 163, § 4; G.L. 1956, § 3-5-10 ; P.L. 1963, ch. 156, § 1; P.L. 1965, ch. 109, § 1; P.L. 1973, ch. 194, § 1; P.L. 2000, ch. 48, § 1.

NOTES TO DECISIONS

Nonresident.

A license given to a noncitizen resident may be revoked at a later date under § 3-5-21 . Andruzewski v. Smith, 105 R.I. 463 , 252 A.2d 914, 1969 R.I. LEXIS 776 (1969).

Standing.

Rhode Island corporation and retail liquor stores did not have standing to claim that the provision in R.I. Gen. Laws § 3-5-10 which imposed an instate residency requirement for obtaining a Class A liquor license violated the Commerce Clause of the U.S. Constitution because they were residents of Rhode Island, they had either been issued a Class A license or had shown no interest in obtaining one, and they were not harmed by that provision of the law. Wine & Spirits Retailers, Inc. v. Rhode Island, 481 F.3d 1, 2007 U.S. App. LEXIS 6412 (1st Cir.), cert. denied, 552 U.S. 889, 128 S. Ct. 274, 169 L. Ed. 2d 149, 2007 U.S. LEXIS 10740 (2007).

Collateral References.

Nonresidents, validity of license statute or ordinance discriminating against. 61 A.L.R. 340; 112 A.L.R. 63.

3-5-11. Licensing of chain stores.

  1. Licenses, except retailer’s Class E, Class B, Class B-H, Class B-L, Class B-M, and Class B-V licenses, authorized by this title shall not be granted, issued, or transferred to or for the use of any “chain store organization,” which term shall consist of any chain of retail or wholesale business or business organizations, and more specifically defined herein, including, without limitation, grocery stores, markets, department stores, and convenience stores, as well as retailers of alcoholic beverages, and which include chains in which one or more stores are located outside of the state.
  2. The term “chain store organization” is defined to include, but not limited to:
    1. Any group of one or more holders of Class A liquor licenses who engage in one or more of the following practices with respect to the business conducted under such licenses, either directly or indirectly, or have any direct or indirect beneficial interest in the following practices:
      1. Common, group, centralized or coordinated purchases of wholesale merchandise.
      2. Common billing or utilization of the services of the same person or the same entity in the management or operation of more than one liquor licensed business.
      3. Participation in a coordinated or common advertisement with one or more liquor licensed business in any advertising media.
      4. Coordinated or common planning or implementation of marketing strategies.
      5. Participation in agreed upon or common pricing of products.
      6. Any term or name identified as a chain or common entity.
    2. Any group of one or more liquor license holders who share any of the following common features, either directly or indirectly or acquire any direct or indirect beneficial interest in the following practices:
      1. The same director of a corporation, member of a LLC, LLP, partner in a general or limited partnership, trustee or beneficiary of a trust.
      2. The same individual or corporate owners.
    3. Any group of one or more license holders that is found to be a “chain store organization” as a factual matter by the department, as a result of an evidentiary hearing in connection with any application for the issuance, grant or transfer of a license, or upon the filing of a complaint by any member of the public.
    4. Upon a finding of violation of this section, the department shall be empowered to set a fine up to the amount of ten thousand dollars ($10,000) per violating licensee, revoke the license of the violator, or suspend the license of the violator for a period of time to be determined by the department. Additionally, the department shall issue a cease and desist order against the violating chain store entity(s) and may further order the dissolution of the violating chain store entity(s).

History of Section. P.L. 1933, ch. 2013, § 6; P.L. 1934, ch. 2088, § 2; G.L. 1938, ch. 163, § 5; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-5-11 ; P.L. 1990, ch. 45, § 1; P.L. 1994, ch. 421, § 1; P.L. 2004, ch. 376, § 1; P.L. 2004, ch. 469, § 1.

NOTES TO DECISIONS

Constitutionality.

Franchisor’s motion for a preliminary injunction prohibiting the State from enforcing R.I. Gen. Laws § 3-5-11 was denied where the franchisor was unlikely to succeed on the merits of a free speech claim as R.I. Gen. Laws § 3-5-11 (b)(1)(iv) did not prevent it from providing paid marketing and management advice, the freedom of association claim was also likely to fail on the merits as the ban on the franchise sale of liquor did not prevent the franchisor or certain licensees from associating for purposes of exchanging or expressing ideas or for any other purpose except engaging in concerted commercial activity, and the equal protection claim was unlikely to succeed as the franchisor failed to explain why it was arbitrary or irrational to prohibit franchise sales of alcoholic beverages where the stated purposes for the prohibition, (i.e., to promote effective and reasonable controls, protect consumer choices, and ensure equitable pricing) were legitimate and rationally related to those purposes. Wine And Spirits Retailers, Inc. v. Rhode Island, 364 F. Supp. 2d 172, 2005 U.S. Dist. LEXIS 6093 (D.R.I.), aff'd, 418 F.3d 36, 2005 U.S. App. LEXIS 16718 (1st Cir. 2005).

Amendments which the Rhode Island Legislature made to R.I. Gen. Laws §§ 3-5-11 and 3-5-11.1 , which nullified existing franchise agreements and prohibited package stores that held Class A liquor licenses from running joint advertisements and using a trade name associated with a chain store, did not violate the First Amendment, the Commerce Clause, or equal protection under the U.S. Constitution. The court of appeals found that the Legislature did not enact the statutes to protect instate businesses, and the hoped-for benefit of regulating and safeguarding against anticompetitive behavior in the retail liquor market outweighed the loss of flexibility that could have been obtained if the law had not placed restraints on franchise agreements and advertising. Wine & Spirits Retailers, Inc. v. Rhode Island, 481 F.3d 1, 2007 U.S. App. LEXIS 6412 (1st Cir.), cert. denied, 552 U.S. 889, 128 S. Ct. 274, 169 L. Ed. 2d 149, 2007 U.S. LEXIS 10740 (2007).

Collateral References.

Validity of statute or ordinance prohibiting sale of intoxicating liquor in stores mainly devoted to sale of other commodities. 113 A.L.R. 1392.

3-5-11.1. Liquor franchises prohibited.

  1. To promote the effective and reasonable control and regulation of the Rhode Island alcoholic beverage industry and to help the consumer by protecting their choices and ensuring equitable pricing. Class A liquor license authorized by this title shall not be granted, issued, renewed, or transferred to or for the use of any liquor franchisor or franchisee. Class A liquor license holders are expressly prohibited from utilizing the provisions of the Rhode Island Franchise Investment Act, chapter 28.1 of title 19.
  2. Any franchise agreements involving the retail sales of alcoholic beverages are hereby declared null and void and illegal as of the effective date of this section [April 1, 2005].
  3. Any franchise agreements involving the retail sales of alcoholic beverages shall be terminated by the franchisor or the franchisee within thirty (30) days of the effective date of this section.
  4. Upon finding of a violation of this section by either the franchisor or the licensee, the department shall be empowered to set a fine up to the amount of ten thousand dollars ($10,000) per violating franchisor or licensee, revoke the license of the violator or suspend the license of the violator for a period of time to be determined by the department. Additionally, the department shall have the power to revoke or suspend the franchise registration in accordance with § 19-28.1-18 and to order it to cease and desist from all operations that are violative of the provisions of this section. Notwithstanding anything contained in this chapter to the contrary, this act shall not be construed as to prevent the utilization of duly licensed professionals rendering services as independent contractors.

History of Section. P.L. 2004, ch. 376, § 2; P.L. 2004, ch. 469, § 2; P.L. 2016, ch. 511, art. 1, § 3.

NOTES TO DECISIONS

Constitutionality.

Amendments which the Rhode Island Legislature made to R.I. Gen. Laws §§ 3-5-11 and 3-5-11.1 , which nullified existing franchise agreements and prohibited package stores that held Class A liquor licenses from running joint advertisements and using a trade name associated with a chain store, did not violate the First Amendment, the Commerce Clause, or equal protection under the U.S. Constitution. The court of appeals found that the Legislature did not enact the statutes to protect instate businesses, and the hoped-for benefit of regulating and safeguarding against anticompetitive behavior in the retail liquor market outweighed the loss of flexibility that could have been obtained if the law had not placed restraints on franchise agreements and advertising. Wine & Spirits Retailers, Inc. v. Rhode Island, 481 F.3d 1, 2007 U.S. App. LEXIS 6412 (1st Cir.), cert. denied, 552 U.S. 889, 128 S. Ct. 274, 169 L. Ed. 2d 149, 2007 U.S. LEXIS 10740 (2007).

3-5-12. Licensees to keep or sell legal beverages only — Minimum size of containers.

Only beverages which have been legally manufactured and on which all taxes and charges, federal and state, have been paid, shall be kept for sale or sold by a licensee. Holders of Class B, C, D, I and J licenses shall not have on the licensed premises distilled or vinous beverages in the containers, nor bottles, flasks or containers of less capacity than twenty-three ounces (23 oz.). Holders of Class B wholesaler’s licenses, Class G retailer’s licenses, Class B-H retailer’s licenses and Class A retailer’s licenses are authorized to keep for sale and to sell distilled beverages in containers of a minimum capacity of fifty milliliters (50 mls.) or one and seven tenths ounces (1.7 oz.).

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1940, ch. 814, § 4; impl. am. P.L. 1952, ch. 3004, § 1; G.L. 1956, § 3-5-12 ; P.L. 1966, ch. 218, § 2; P.L. 1985, ch. 66, § 1; P.L. 1986, ch. 535, § 1.

3-5-13. Consumption of distilled liquors on premises.

Licenses to be issued under this chapter shall in no case authorize the sale for consumption on the premises where sold of distilled liquors, or of beverages composed wholly or partly of those liquors, unless these sales are authorized by this title.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-5-13 .

3-5-14. Licenses issued by department of business regulation.

The right, power, and jurisdiction to issue manufacturer’s, wholesaler’s, or retailer’s Class G and Class I licenses are solely in the department of business regulation; provided, that before the department issues any Class I license it shall first receive the approval of the licensing authority of the town or city in which the premises covered by the Class I license are located; and provided, that the number of Class I licenses in the state shall be limited to one to each twenty-five thousand (25,000) of its inhabitants as determined by the latest census taken under the authority of the United States or of this state.

History of Section. P.L. 1933, ch. 2013, § 11; P.L. 1934, ch. 2088, § 3; G.L. 1938, ch. 164, § 4; P.L. 1940, ch. 814, § 7; G.L. 1956, § 3-5-14 .

Collateral References.

Discretion as to granting license, delegating to public officials without prescribing rule of action. 12 A.L.R. 1435; 54 A.L.R. 1104; 92 A.L.R. 400.

Local authorities, power or discretion of, under statute requiring their approval of application for liquor license before issuance of license by state board, or providing for issuance of a local license to one holding license from state board. 132 A.L.R. 1235.

3-5-14.1. Licenses issued by the department of business regulation.

The right, power, and jurisdiction to issue manufacturer’s and wholesaler’s licenses are solely in the department. The department has the right and power to limit the number of manufacturer’s and wholesaler’s licenses of each class.

History of Section. P.L. 1996, ch. 100, art. 36, § 8.

3-5-15. Local licensing authorities.

The right, power, and jurisdiction to issue all other licenses authorized by this title within the maximum number to be fixed as provided in § 3-5-16 are in the town councils or license boards of the several towns, and in the mayors and city councils in the several cities. However, where a police commission exists in a town or in a city that police commission has the right, power, and jurisdiction to issue those other licenses. If there is neither a city council nor a police commission in a city, the right, power, and jurisdiction shall be in the mayor and council. In the city of Providence the right, power, and jurisdiction are in the bureau of licenses. In the several cases where the town councils or license boards of the several towns, the mayors and city councils of the several cities, or the mayor and council of a city are authorized to issue licenses, they are for that purpose constituted license commissioners, and in those cases the town or city clerk is the clerk of those commissioners.

History of Section. P.L. 1933, ch. 2013, § 11; P.L. 1934, ch. 2088, § 3; G.L. 1938, ch. 164, § 4; impl. am. P.L. 1951, ch. 2721, § 4; G.L. 1956, § 3-5-15 .

Cross References.

Review of decisions by administrator, § 3-7-21 .

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

NOTES TO DECISIONS

Hearing by Administrator.

This section does not prevent the liquor control administrator from hearing an appeal from the town council de novo in whole or in part as a superlicensing board and after hearing confirm or reverse the board’s decision in whole or in part. Tedford v. Reynolds, 87 R.I. 335 , 141 A.2d 264, 1958 R.I. LEXIS 62 (1958).

Limit on Power of Local Authorities.

Town councils have only the power to regulate the maximum number of licenses and to pass on applications for such licenses, and may not completely prohibit the issuance of any particular class of licenses. Board of License Comm'rs v. Daneker, 78 R.I. 101 , 79 A.2d 614, 1951 R.I. LEXIS 42 (1951).

Because a class-B retailer’s license and a victualing-house license are distinct, the city council may grant a victualing-house license, thereby allowing food to be prepared and consumed on the premises, while the same city council members, sitting as the board of license commissioners, may simultaneously deny the transfer or issuance of a class-B retailer’s license, thereby prohibiting alcoholic beverages from being served. El Nido, Inc. v. Goldstein, 626 A.2d 239, 1993 R.I. LEXIS 173 (R.I. 1993).

Collateral References.

Federal constitutional and legislative provisions as affecting municipal power. 26 A.L.R. 664; 70 A.L.R. 132.

Sunday closing hours, municipality’s power to require. 29 A.L.R. 407; 420; 37 A.L.R. 575.

Zoning regulation of intoxicating liquor as pre-empted by state law. 65 A.L.R.4th 555.

3-5-16. Maximum number of licenses.

    1. The department of business regulation shall have the right and power to limit the number of licenses of each class. The limit shall not exceed the maximum number, if any, of any class of license that is fixed by the licensing boards within their respective towns or cities.
    2. The number of Class C licenses in any town or city shall not exceed one for each one thousand (1,000) of its inhabitants.
    3. Every city and town may grant in any year renewals of any license of Class A in operation prior to April 28, 1969, except when renewal of that license is refused for cause, but no further new and original licenses of Class A shall be granted until the number of licenses of Class A outstanding in any city or town has been reduced to less than one for each six thousand (6,000) of its inhabitants (one for each four thousand (4,000) of its inhabitants in any city or town with less than twenty thousand (20,000) inhabitants), as determined by the last census taken under the authority of the United States or the state, by cancellation, revocation, or the failure of holders of those licenses to apply for renewals. After that reduction to less than one for each six thousand (6,000) inhabitants (one for each four thousand (4,000) inhabitants in any town or city with less than twenty thousand (20,000) inhabitants), licenses of Class A may be granted in any year by any city or town only up to a total not exceeding one for each six thousand (6,000) of its inhabitants (one for each four thousand (4,000) of its inhabitants in any town or city with less than twenty thousand (20,000) inhabitants) as determined by census as required in this subsection. However, two (2) Class A licenses may be issued by every city or town of the state irrespective of population and, until the qualified electors of any city or town shall vote to the contrary, one Class A license may be issued in every city or town in this state unless otherwise ordered by the city or town council. Any Class A license issued to or held by a Class E licensee pursuant to the provisions of § 3-7-5 shall be included in the total of, and subject to the limit upon the number of, Class A licenses which may be granted by any city or town under this section.
  1. The transfer of any existing license from the holder of this license to another person shall not be considered as the issuance of a new license under this section.
  2. The several cities and towns, except those cities and towns that had in effect on June 1, 1971, a limit on the number of retailers’ Class B or D licenses, shall not issue any new retailers’ Class B or D licenses until May 1, 1972. The provisions of this section shall not apply to any application filed on or before May 30, 1971.
  3. Notwithstanding the provisions of subsection (a) of this section, irrespective of the population of the town of Smithfield, it is expressly authorized to issue a total of five (5) Class A liquor licenses.

History of Section. P.L. 1933, ch. 2013, § 16; P.L. 1936, ch. 2338, § 2; G.L. 1938, ch. 164, § 10; P.L. 1940, ch. 814, § 10; P.L. 1941, ch. 1038, § 3; impl. am. P.L. 1952, ch. 3004, § 1; G.L. 1956, § 3-5-16 ; R.P.L. 1957, ch. 150, § 1; P.L. 1958, ch. 114, § 1; P.L. 1959, ch. 148, § 1; P.L. 1961, ch. 163, § 1; P.L. 1963, ch. 167, § 1; P.L. 1964, ch. 223, § 1; P.L. 1965, ch. 132, § 1; P.L. 1966, ch. 120, § 1; P.L. 1967, ch. 93, § 1; P.L. 1968, ch. 19, § 1; P.L. 1969, ch. 44, § 1; P.L. 1969, ch. 114, § 1; P.L. 1970, ch. 198, § 1; P.L. 1971, ch. 138, § 1; P.L. 1999, ch. 352, § 1; P.L. 2015, ch. 27, § 1; P.L. 2015, ch. 31, § 1; P.L. 2020, ch. 20, § 1; P.L. 2020, ch. 44, § 1.

Compiler’s Notes.

P.L. 2020, ch. 20, § 1, and P.L. 2020, ch. 44, § 1 enacted identical amendments to this section.

Severability.

P.L. 2015, ch. 27, § 2 provides: “If any provision of this act, or the application thereof to the town of Barrington or to any person or circumstances, is deemed invalid for any reason, the remainder of this act, or the application of such provision to said town or other persons or circumstances, shall not be affected thereby and, to this end, the provisions of this act are declared to be severable.”

P.L. 2015, ch. 31, § 2 provides: “If any provision of this act, or the application thereof to the town of Barrington or to any person or circumstances, is deemed invalid for any reason, the remainder of this act, or the application of such provision to said town or other persons or circumstances, shall not be affected thereby and, to this end, the provisions of this act are declared to be severable.”

NOTES TO DECISIONS

Constitutionality.

Present holder of Class A license could not attack constitutionality of provision of this section exempting such license holders from limitation on number of licenses based on population. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Construction With Other Sections.

Any inconsistency between provisions of the 1949 amendment to § 3-7-5 and the 1941 amendment to this section relative to issuance of Class A licenses was immaterial since the 1949 law, being later in time, would prevail. Romano v. Daneker, 77 R.I. 61 , 73 A.2d 236, 1950 R.I. LEXIS 38 (1950).

Exceptions to Limitations.

Holder of druggist’s retail Class E license can obtain a retail Class A license notwithstanding the fixed quota in any city or town. Romano v. Daneker, 78 R.I. 79 , 79 A.2d 175, 1951 R.I. LEXIS 38 (1951).

Limitations by Local Authorities.

A local licensing board can limit the number of licenses in any class authorized by the statute but cannot prescribe the classes of licenses which may or may not issue nor prohibit altogether the issuing of a particular class of license. Board of License Comm'rs v. Daneker, 78 R.I. 101 , 79 A.2d 614, 1951 R.I. LEXIS 42 (1951).

Liquor control administrator properly affirmed action of town council in denying petitioner’s application for a Class B license where maximum limit of licenses set by the town had been reached prior to petitioner’s application. Beachwood, Inc. v. Liquor Control Adm'r, 84 R.I. 130 , 122 A.2d 142, 1956 R.I. LEXIS 29 (1956).

If a local board desires to avail itself of provision of this section permitting it to limit number of licenses it should do so by adopting a rule or regulation and the mere denial of a license on ground that it would exceed number of licenses permitted did not establish such maximum, and therefore administrator on appeal had jurisdiction to order the granting of the license. Board of Police Comm'rs v. Reynolds, 86 R.I. 172 , 133 A.2d 737, 1957 R.I. LEXIS 68 (1957).

Compliance with this section so as to limit the number of licenses requires the adoption by a formal vote by the board of a rule or regulation fixing specifically the maximum number of licenses of each particular class which it contemplates limiting. Tedford v. Reynolds, 87 R.I. 335 , 141 A.2d 264, 1958 R.I. LEXIS 62 (1958).

A local licensing board purporting to exercise the power conferred by this section prescribing the maximum number of licenses of any class that it may issue in its community, must do so by adopting some rule or regulation establishing that maximum number but ordinarily the burden is on the local board to establish that it had actually prescribed by rule or regulation such a maximum number of licenses. Hobday v. O'Dowd, 94 R.I. 172 , 179 A.2d 319, 1962 R.I. LEXIS 47 (1962).

Where there was no town limitation on licenses, by the denial of petitioner’s application for the issuance of a Class A retail liquor license, the board was not thereby attempting to prescribe the maximum number of Class A licenses that could be issued but was denying the application on the basis that petitioner had not shown that the necessity and convenience of the residents of the town warranted the establishment of another retail liquor outlet under a Class A license which was within board’s discretion. Hobday v. O'Dowd, 94 R.I. 172 , 179 A.2d 319, 1962 R.I. LEXIS 47 (1962).

The facts that, since there were already six Class B licenses within a radius of 2,000 feet, the local board considered an additional license in that area unnecessary and that the applicant for license indicated he proposed to sell his property, raised no question of law and the decision of the administrator who chose to overlook the decision of the local board and grant the license was final. Board of License Comm'rs v. O'Dowd, 94 R.I. 243 , 179 A.2d 579, 1962 R.I. LEXIS 61 (1962).

Contention that the administrator in directing a Class B victualer retail limited beverage license be granted and issued erred as a matter of law for the reason that the town council had established a maximum of 24 Class B beverage licenses, was without merit since at the time the petitioner’s application was denied, such maximum had not been reached, therefore the administrator’s directive did not cause the limit to be exceeded. Board of License Comm'rs v. O'Dowd, 94 R.I. 243 , 179 A.2d 579, 1962 R.I. LEXIS 61 (1962).

Population Limitations.

A town having a population of 6,998 could not grant three Class A liquor licenses. Benjamin v. Daneker, 73 R.I. 117 , 53 A.2d 758, 1947 R.I. LEXIS 55 (1947).

Collateral References.

Validity of statute leaving number of licenses to be granted to discretion of licensing authority. 124 A.L.R. 827; 163 A.L.R. 581.

3-5-16.1. Revocation of abandoned Class A licenses.

Whenever it comes to the attention of any local licensing authority as defined in § 3-5-15 that the holder of a Class A license has abandoned the premises from which the licensee has been conducting his or her business or has ceased to operate under the license for a period of ninety (90) days or more then after hearing with due notice to the licensee the local licensing authority shall cancel the license; provided, that the authority may grant a reasonable period of time, not to exceed one year, to the licensee within which to reestablish the business where the abandonment or cessation of operating was due to illness, death, condemnation of business premises, fire or other casualty.

History of Section. G.L. 1956, § 3-5-16.1 ; P.L. 1969, ch. 63, § 1.

3-5-17. Notice and hearing on licenses.

Before granting a license to any person under the provisions of this chapter and title, the board, body or official to whom application for the license is made, shall give notice by advertisement published once a week for at least two (2) weeks in some newspaper published in the city or town where the applicant proposes to carry on business, or, if there is no newspaper published in a city or town, then in some newspaper having a general circulation in the city or town. Applications for retailer’s Class F, P and Class G licenses need not be advertised. The advertisement shall contain the name of the applicant and a description by street and number or other plain designation of the particular location for which the license is requested. Notice of the application shall also be given, by mail, to all owners of property within two hundred feet (200´) of the place of business seeking the application. The notice shall be given by the board, body or official to whom the application is made, and the cost of the application shall be borne by the applicant. The notices shall state that remonstrants are entitled to be heard before the granting of the license, and shall name the time and place of the hearing. At the time and place a fair opportunity shall be granted the remonstrants to make their objections before acting upon the application; provided that no advertisement or notice need be given pursuant to this section when a license holder applies for a temporary seasonal expansion of an existing liquor license.

History of Section. P.L. 1933, ch. 2013, § 20; P.L. 1934, ch. 2088, § 5; G.L. 1938, ch. 163, § 6; G.L. 1956, § 3-5-17 ; P.L. 1977, ch. 216, § 1; P.L. 2003, ch. 241, § 2; P.L. 2003, ch. 366, § 2; P.L. 2007, ch. 501, § 1; P.L. 2007, ch. 511, § 1.

NOTES TO DECISIONS

Appeal.

This statute provides for no appeal by any remonstrant from the issuance of a class D license, and the courts have no power to expand the clear language used by the General Assembly. Earle v. Pastore, 511 A.2d 989, 1986 R.I. LEXIS 571 (R.I. 1986).

Discretion of Licensing Authority.

Where board of license commissioners refused petitioner’s application for Class B liquor license solely in exercise of their general discretion upon all the evidence, not upon lack of jurisdiction on basis of written protests of landowners within two hundred feet of petitioner’s establishment, action of board would not be disturbed in supreme court on certiorari. Casala v. Dio, 65 R.I. 96 , 13 A.2d 693, 1940 R.I. LEXIS 87 (1940).

Rights of Applicant.

A license for retail sale of liquor is not a property right, and except for the requirements of this section as to the advertisement of the date of hearing, the statute provides no requirement for a personal hearing to an applicant on the matter of granting the license. Casala v. Dio, 65 R.I. 96 , 13 A.2d 693, 1940 R.I. LEXIS 87 (1940).

The advertisement of a time and place of a hearing on an application for transfer of a license under § 3-5-19 is mandatory under this section and a town council refusing to consider such an application may be compelled by mandamus to advertise and hold such a hearing. Beacon Restaurant v. Adamo, 103 R.I. 698 , 241 A.2d 291, 1968 R.I. LEXIS 851 (1968).

Collateral References.

Grant or renewal of liquor license as affected by the fact that applicant held such license in the past. 2 A.L.R.2d 1239.

Issuance of license, administrative decision based on evidence outside record and without notice. 18 A.L.R.2d 591.

License holder’s right to question propriety of issuing license to other persons. 109 A.L.R. 1259.

Revocation of liquor license of one person as ground for refusal of license to another. 153 A.L.R. 836.

3-5-18. Signature on licenses — Posting and exhibition.

  1. All retail licenses issued under chapter 7 of this title shall bear the signature, or electronic signature, of the clerk of the licensing board, body, or officials issuing them, and shall not be printed, stamped, typewritten, engraved, photographed, or cut from one instrument and attached to another and shall be displayed by the licensee, on the premises, and shall be exhibited on demand to any deputy sheriff, to any city or town sergeant, constable, officer or member of the city or town police or to any member of the department of state police or agent of the department.
  2. All retail licenses shall be displayed within the premises but need not be posted. The license shall be exhibited to any deputy sheriff of the county, to any city or town sergeant, constable, officer or member of the city or town police or to any member of the department of state police or agent of the department who request proof that the establishment is duly licensed.

History of Section. P.L. 1933, ch. 2013, § 29; G.L. 1938, ch. 163, § 16; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-5-18 ; P.L. 1970, ch. 234, § 1; P.L. 2006, ch. 638, § 1; P.L. 2010, ch. 255, § 1; P.L. 2012, ch. 324, § 8; P.L. 2018, ch. 176, § 1; P.L. 2018, ch. 289, § 1.

Compiler’s Notes.

P.L. 2018, ch. 176, § 1, and P.L. 2018, ch. 289, § 1 enacted identical amendments to this section.

3-5-19. Transfer or relocation of license.

  1. The board, body or official which has issued any license under this title may permit the license to be used at any other place within the limits of the town or city where the license was granted, or, in their discretion, permit the license to be transferred to another person, but in all cases of change of licensed place or of transfer of license, the issuing body shall, before permitting the change or transfer, give notice of the application for the change or transfer in the same manner as is provided in this chapter in the case of original application for the license, and a new bond shall be given upon the issuance of the license provided, that notice by mail need not be made in the case of a transfer of a license without relocation. In all cases of transfer of license, indebtedness of the licensee incurred in the operation of the licensed premises shall be paid to or released by an objecting creditor before the issuing body permits the transfer. In cases of dispute as to the amount of indebtedness, the issuing body, may, in its discretion, permit the transfer upon statement of the licensee, under oath, that the claim of indebtedness is disputed and that the statement of dispute is not interposed for the purpose of inducing transfer of the license. No creditor is allowed to object to the transfer of a license by a receiver, trustee in bankruptcy, assignee for the benefit of creditors, executor, administrator, guardian or by any public officer under judicial process. In case of the death of any licensee, the license becomes part of the personal estate of the deceased. The holders of any retail Class A license within the city or town issuing or transferring a Class A license have standing to be heard before the board, body, or official granting or transferring the license.
  2. The transfer of a license is contingent upon the full payment of outstanding police detail bills.
  3. The transferee of a license assumes all penalties that the license board has imposed upon the transferor of the license.

History of Section. P.L. 1933, ch. 2013, § 37; G.L. 1938, ch. 163, § 15; G.L. 1956, § 3-5-19 ; R.P.L. 1957, ch. 59, § 1; P.L. 1959, ch. 154, § 1; P.L. 1977, ch. 216, § 1; P.L. 1987, ch. 423, § 1; P.L. 2011, ch. 200, § 1; P.L. 2011, ch. 309, § 1.

NOTES TO DECISIONS

Jurisdiction.

It was the legislative intention that while jurisdiction to permit the relocation of existing licenses would vest originally in the local licensing authority, the holder of the existing license was put in a status similar to that of an applicant for an original license and would therefore partake fully of the character of an applicant for an original license. Ramsay v. Sarkas, 110 R.I. 590 , 295 A.2d 416, 1972 R.I. LEXIS 958 (1972).

Permitted Transfers.

As a general rule, the holder of a liquor license may freely contract to transfer the license to other persons subject to official approval of the transfer, and such contracts are valid and specifically enforceable. Samuel's Realty Co. v. McCarthy, 512 A.2d 872, 1986 R.I. LEXIS 523 (R.I. 1986).

— Transfers by Bankruptcy Trustees.

This section can be reconciled with § 3-7-24 , which requires a certificate of payment of state taxes with every application for renewal or transfer of a license, only by construing § 3-7-24 as being inapplicable to a license transfer by a trustee in bankruptcy, receiver, or other like fiduciary. In re Hoffman, 65 B.R. 985, 1986 U.S. Dist. LEXIS 18774 (D.R.I. 1986).

The tax administrator, as a creditor of a defendant (liquor licensee), is barred by the plain language of § 3-5-19 from objecting to the transfer of the liquor license by the receiver pursuant to a court-authorized sale. However, to the extent that §§ 3-5-19 and 3-7-24 impose upon the tax administrator conflicting obligations, § 3-7-24 specifically repealed the inconsistent provisions of all preceding statutes, including § 3-5-19, insofar as such statutes would attempt to prohibit the tax administrator from fulfilling his statutory obligation under § 3-7-24 to ensure that all delinquent state taxes have been paid prior to the transfer of a liquor license. 632 Metacom Assocs. v. Pub Dennis of Warren, Inc., 591 A.2d 379, 1991 R.I. LEXIS 91 (R.I. 1991).

The Rhode Island tax administrator cannot use § 3-7-24 , which requires a certificate of payment of state taxes with every application for renewal or transfer of a license, as a cudgel to club a trustee in bankruptcy into submitting to the monetary demands of the division of taxation as a precondition to transfer of a debtor’s liquor license. In re Pub Dennis of Mineral Spring Ave., Inc., 126 B.R. 903, 1991 Bankr. LEXIS 706 (Bankr. D.R.I. 1991).

The state may not condition the transfer or renewal of a liquor license in a bankruptcy estate on the payment of pre-petition taxes, even though some or all of those taxes may represent so called “trust-fund” taxes. In re Gillson, 134 B.R. 702, 1991 Bankr. LEXIS 1846 (Bankr. D.R.I. 1991).

Prohibited Transfers.

Retail Class A license issued to holder of druggist’s retail Class E license could not be transferred to one who neither conducted a drug store nor held a retail Class E license. Romano v. Daneker, 78 R.I. 79 , 79 A.2d 175, 1951 R.I. LEXIS 38 (1951).

Rights of Applicant.

An applicant for transfer of a license pursuant to this section was entitled to a writ of mandamus to compel the town council to advertise and hold a hearing on the application where the council refused to consider the application. Beacon Restaurant v. Adamo, 103 R.I. 698 , 241 A.2d 291, 1968 R.I. LEXIS 851 (1968).

Withdrawal of Application.

Whether leave should be granted to withdraw application for transfer of liquor license rested in the discretion of the board and clearly it was within the board’s jurisdiction to require petitioner to give his reasons for withdrawal and to hear the other party’s objections thereto before granting or denying the application. Manoogian v. Williamson, 89 R.I. 426 , 153 A.2d 165, 1959 R.I. LEXIS 99 (1959).

An application for a license cannot be withdrawn without leave and such leave will not be granted when the effect would be to block the application of a fit and suitable person. Manoogian v. Williamson, 89 R.I. 426 , 153 A.2d 165, 1959 R.I. LEXIS 99 (1959).

Collateral References.

Fiduciary or confidential relation, rights and remedies of original licensee or his estate as against person in, who acquires liquor license in his own name. 144 A.L.R. 1013.

Right of one who acquires title to or other interest in real property to benefit of a license previously issued by the public, permitting use of property for sale of intoxicating liquor. 131 A.L.R. 1342.

3-5-20. Rules and regulations — Notice and procedure.

All licenses issued shall be in any form prescribed by the department of business regulation and the license shall be held under any rules and regulations as the department shall impose, establish, and authorize and the department is authorized to establish rules and regulations and to authorize the making of any rules and regulations by the licensing authority of the several towns and cities as in their discretions in the public interest seem proper to be made. Notwithstanding any of the foregoing provisions of this section, the adoption or authorization of rules and regulations by the department and the modification or repeal of any rules and regulations previously adopted shall be by written order of the department and adopted in accordance with the provisions of chapter 35 of title 42.

History of Section. P.L. 1933, ch. 2013, § 12; G.L. 1938, ch. 164, § 5; P.L. 1940, ch. 814, § 8; G.L. 1956, § 3-5-20 .

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

NOTES TO DECISIONS

Credit Restrictions.

Complainant did not have unrestricted right to buy liquor from wholesalers or manufacturers without any limitation on his credit, since license was subject to the provisions of the rules which had been imposed under the authority of this section. Sepe v. Daneker, 76 R.I. 160 , 68 A.2d 101, 1949 R.I. LEXIS 100 (1949).

Delegation of Power.

Delegation of power under this section was merely that of conferring administrative and regulatory functions upon a governmental agency for the better control of the liquor traffic and was not in any real sense an unconstitutional delegation of power. Sepe v. Daneker, 76 R.I. 160 , 68 A.2d 101, 1949 R.I. LEXIS 100 (1949).

Whether or not liquor control administrator had power to make regulations could not be questioned where no question was raised by the director of business regulation. Independent Beer Distribs. Ass'n v. Liquor Control Hearing Bd., 94 R.I. 354 , 180 A.2d 805, 1962 R.I. LEXIS 82 (1962).

Rules Against Indecency.

A Class B license may be revoked for violation of regulations of board of police commissioners prohibiting shows featuring “bare midriff,” “strip shows,” or “bumps and grinds.” Lyons v. Liquor Control Adm'r, 100 R.I. 573 , 218 A.2d 1, 1966 R.I. LEXIS 479 (1966).

Smoking Regulations.

The municipality’s ordinance regulating smoking bore a sufficient nexus to the purposes of R.I. Gen. Laws Title 3 to constitute a proper exercise of the town’s liquor licensing authority. Amico's Inc. v. Mattos, 789 A.2d 899, 2002 R.I. LEXIS 27 (R.I. 2002).

3-5-20.1. Manufacturer’s and wholesaler’s licenses — Notice and procedure.

All manufacturer’s and wholesaler’s licenses to be issued under this chapter shall be in any form prescribed by the department. The licensee shall be held liable under any rules and regulations that the department shall impose, establish and authorize and the department is authorized to establish any rules and regulations. Notwithstanding any of the foregoing provisions of this section, the adoption or authorization of rules and regulations by the department and the modification or repeal of any rules and regulations previously adopted shall be by written order of the department and adopted in accordance with the provisions of chapter 35 of title 42.

History of Section. P.L. 1996, ch. 100, art. 36, § 8.

3-5-21. Revocation or suspension of licenses — Fines for violating conditions of license.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History of Section. P.L. 1933, ch. 2013, § 12; G.L. 1938, ch. 164, § 5; P.L. 1940, ch. 814, § 8; G.L. 1956, § 3-5-21 ; P.L. 1985, ch. 393, § 1; 1988, ch. 202, § 1; P.L. 1996, ch. 100, art. 36, § 7; P.L. 2011, ch. 200, § 1; P.L. 2011, ch. 309, § 1; P.L. 2016, ch. 384, § 1; P.L. 2016, ch. 402, § 1; P.L. 2017, ch. 451, § 2.

Compiler’s Notes.

P.L. 2016, ch. 384, § 1, and P.L. 2016, ch. 402, § 1 enacted identical amendments to this section.

Cross References.

Licensing of pharmacies, § 5-19.1-1 et seq.

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

NOTES TO DECISIONS

Constitutionality.

The General Assembly’s implied delegation of its power to municipalities concerning the imposition of conditions upon liquor licenses under this section is both reasonable and lawful. Thompson v. East Greenwich, 512 A.2d 837, 1986 R.I. LEXIS 512 (R.I. 1986).

The legislature intended in conferring the power to revoke or suspend to implicitly authorize municipalities to attach conditions to the issuance of liquor licenses. Thompson v. East Greenwich, 512 A.2d 837, 1986 R.I. LEXIS 512 (R.I. 1986).

Discretion of Board.

In establishing “cause” as the controlling standard for administrative actions pursuant to § 3-7-6 , legislature did not intend to confer upon the licensing authority a limitless control or to permit the exercise of an unbridled discretion in revoking or suspending a license. Chernov Enters. v. Sarkas, 109 R.I. 283 , 284 A.2d 61, 1971 R.I. LEXIS 1055 (1971).

Hearing.

Where liquor dealer appeared at hearing of liquor control administrator to revoke his license but did not request assistance of attorney or to be allowed to introduce further evidence until after notified of revocation of license, administrator could in his discretion refuse subsequent request for rehearing where he found offered testimony was cumulative. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

Before the local board shall revoke a license, the licensee is guaranteed a legal hearing on sworn testimony. Burton v. Lefebvre, 72 R.I. 478 , 53 A.2d 456, 1947 R.I. LEXIS 32 (1947).

Where liquor licenses were ordered suspended without a hearing, such orders were illegal. Burton v. Lefebvre, 72 R.I. 478 , 53 A.2d 456, 1947 R.I. LEXIS 32 (1947).

Jurisdiction to Revoke or Suspend.

There is nothing in the statute to limit the power of the liquor control administrator to revoke or suspend licenses to those which he is authorized to issue, and he may initiate a hearing on his own motion to revoke or suspend any type of liquor license. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

An alcoholic beverage licensee holds his license subject to regulatory restrictions, however burdensome, when adopted pursuant to a valid exercise of the police power. Lyons v. Liquor Control Adm'r, 100 R.I. 573 , 218 A.2d 1, 1966 R.I. LEXIS 479 (1966).

Liquor control administrator had power and jurisdiction to initiate a hearing on his own motion to revoke a Class A retail license issued by city for violation of § 3-7-10 in selling alcoholic beverages to an unlicensed dealer. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

License may be suspended for violation of law notwithstanding that violation occurred during the term of a prior license which had expired. Kmiec v. Liquor Control Hearing Bd., 87 R.I. 257 , 140 A.2d 133, 1958 R.I. LEXIS 49 (1958).

A license may be revoked under this section where licensee was not citizen resident when receiving license under § 3-5-10 . Andruzewski v. Smith, 105 R.I. 463 , 252 A.2d 914, 1969 R.I. LEXIS 776 (1969).

A proceeding under the laws regulating the sale of alcoholic beverages is entirely separate and distinct from a criminal prosecution for the same offense and the two proceedings are coexistent, one in nature of an action in rem, the other being against the licensee personally, and may be instituted and pursued simultaneously or otherwise. Chernov Enters. v. Sarkas, 109 R.I. 283 , 284 A.2d 61, 1971 R.I. LEXIS 1055 (1971).

License Conditions.

In order to effectuate the legislative intent behind this section, the statute must necessarily be construed to imply that municipalities have the authority to impose conditions upon the issuance of a liquor license. Thompson v. East Greenwich, 512 A.2d 837, 1986 R.I. LEXIS 512 (R.I. 1986).

Proof of Violation.

Liquor control administrator’s revocation of Class A license for violation of § 3-7-10 in sale of alcoholic beverages to unlicensed dealers was reversed for failure to find that licensee had reason to believe beverages would be resold, but without prejudice to power of administrator to institute new proceedings on same conduct. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

The testimony of a police sergeant, although contradicted by a musician and two patrons of the licensee, was sufficient to support action of the board of police commissioners in suspending and of the liquor control administrator in confirming such suspension of a licensee’s Class B license for permitting indecent entertainment on his premises. Lyons v. Liquor Control Adm'r, 100 R.I. 573 , 218 A.2d 1, 1966 R.I. LEXIS 479 (1966).

Collateral References.

Hearsay evidence in proceeding for suspension or revocation of liquor license. 142 A.L.R. 1388.

Police power, revocation of license in exercise of. 124 A.L.R. 541.

Revocability of license for fraud or other misconduct before or at time of its issuance. 165 A.L.R. 1138.

Right to hearing before revocation or suspension of liquor license. 35 A.L.R.2d 1067.

Stay of revocation or suspension of license pending appeal. 166 A.L.R. 575.

3-5-22. Reissuance of license after revocation.

In case any license issued is revoked, the board, body or official revoking the license shall, as part of the order of revocation, provide that no license be granted to the same person for the period of one year after the revocation, and in case the order is made, no license shall be issued during the year to the person whose license is revoked.

History of Section. P.L. 1933, ch. 2013, § 11; P.L. 1934, ch. 2088, § 3; G.L. 1938, ch. 164, § 4; G.L. 1956, § 3-5-22 .

3-5-23. Revocation of license for criminal offenses or disorderly conditions — Action on bond.

  1. If any licensed person is convicted of violating any of the provisions of this title, or of chapters 6, 10, 34, or 45 of title 11, or §§ 11-2-1 , 11-9-13 , 11-9-15 , 11-11-5 , 11-18-2 11-18-4 , 11-20-1 , 11-20-2 , 11-23-4 , 11-30-1 11-30-11 , 11-31-1 or 11-37-2 11-37-4 , or pleads guilty or nolo contendere to any complaint or indictment under any of these provisions, or if his or her license is revoked, his or her bond shall be put in suit by the town or city treasurer of the city or town where the bond is given, and by due process of law, the penal sum of the bond shall be recovered for the use of the town or city.
  2. If any licensed person permits the house or place where he or she is licensed to sell beverages under the provisions of this title to become disorderly as to annoy and disturb the persons inhabiting or residing in the neighborhood, or permits any gambling or unlawful gaming to be carried on in the neighborhood, or permits any of the laws of this state to be violated in the neighborhood, in addition to any punishment or penalties that may be prescribed by statute for that offense, he or she may be summoned before the board, body, or official that issued his or her license and before the department, when he or she and the witnesses for and against him or her may be heard. If it appears to the satisfaction of the board, body, or official hearing the charges that the licensee has violated any of the provisions of this title or has permitted any of the things listed in this section, then the board, body, or official may suspend or revoke the license or enter another order.
  3. In case the license is revoked, the licensed person after the revocation shall cease to have any authority under the license and shall be disqualified from holding any of the licenses provided for in this title for a period of five (5) years following the revocation.
  4. The revocation of a license shall not interfere with, or prejudice the right of, recovery upon the licensee’s bond for the full amount of the bond.

History of Section. P.L. 1933, ch. 2013, § 30; G.L. 1938, ch. 163, § 10; P.L. 1948, ch. 2124, § 1; G.L. 1956, § 3-5-23 ; P.L. 1987, ch. 78, § 10; P.L. 1996, ch. 100, art. 36, § 7; P.L. 1997, ch. 326, § 3; P.L. 2016, ch. 512, art. 2, § 42.

Effective Dates.

P.L. 2016, ch. 512, art. 2, § 50, provides that the amendment to this section by that act takes effect on December 31, 2016.

Cross References.

Denial of access to premises as ground for suspension or revocation, § 3-2-6 .

Employment of underage bartender as ground for suspension, § 3-8-3 .

Gambling place, revocation of license, § 11-19-19 .

Unlicensed shows where alcoholic beverages sold, § 5-22-20 .

NOTES TO DECISIONS

Construction With Other Sections.

The provisions of this section were not repealed by 1949 amendment to § 3-8-5 , but rather licensed liquor dealers are subject to both the administrative provisions of this section and the substantive law provisions of § 3-8-5 , so that a license could properly be revoked in accordance with this section without the licensee having been convicted of illegally selling liquors to a minor. Di Traglia v. Daneker, 83 R.I. 227 , 115 A.2d 345, 1955 R.I. LEXIS 44 (1955).

Discretion of Board.

In establishing “cause” as the controlling standard for administrative actions pursuant to § 3-7-6 , legislature did not intend to confer upon the licensing authority a limitless control or to permit the exercise of an unbridled discretion in revoking or suspending a license. Chernov Enters. v. Sarkas, 109 R.I. 283 , 284 A.2d 61, 1971 R.I. LEXIS 1055 (1971).

Disorderly House.

The responsibility of a licensee for the conduct of his patrons within the licensed premises that makes it disorderly within the meaning of the statute is established by evidence showing a toleration or acquiescence in such conduct by the licensee. Cesaroni v. Smith, 98 R.I. 377 , 202 A.2d 292, 1964 R.I. LEXIS 181 (1964).

The statute does not require a showing of conduct in the premises constituting a criminal offense designated as disorderly conduct. The word “disorderly” as used here contemplates conduct within premises where liquor is dispensed under a license that causes either directly or indirectly conditions in the neighborhood in annoyance of or disturbing to the residents thereof. Cesaroni v. Smith, 98 R.I. 377 , 202 A.2d 292, 1964 R.I. LEXIS 181 (1964).

A licensee assumes an obligation to prevent his patrons from disturbing the surrounding neighborhood. Manuel J. Furtado, Inc. v. Sarkas, 118 R.I. 218 , 373 A.2d 169, 1977 R.I. LEXIS 1449 (1977).

To violate this section, disorderly conduct need not occur within the premises; and defendant’s license was properly revoked where the superior court could reasonably infer that a series of fights just outside defendant’s premises had their genesis within. Manuel J. Furtado, Inc. v. Sarkas, 118 R.I. 218 , 373 A.2d 169, 1977 R.I. LEXIS 1449 (1977).

Hearings.

Where liquor dealer appeared at hearing of liquor control administrator to revoke his license but did not request assistance of attorney or to be allowed to introduce further evidence until after notified of revocation of license, administrator could in his discretion refuse subsequent request for rehearing where he found offered testimony was cumulative. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

Before the local board shall revoke a license, the licensee is guaranteed a legal hearing on sworn testimony. Burton v. Lefebvre, 72 R.I. 478 , 53 A.2d 456, 1947 R.I. LEXIS 32 (1947).

Where liquor licenses were ordered suspended without a hearing, such orders were illegal. Burton v. Lefebvre, 72 R.I. 478 , 53 A.2d 456, 1947 R.I. LEXIS 32 (1947).

Jurisdiction to Revoke or Suspend Licenses.

There is nothing in the statute to limit the power of the liquor control administrator to revoke or suspend licenses to those which he is authorized to issue, and he may initiate a hearing on his own motion to revoke or suspend any type of liquor license. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

Liquor control administrator had power and jurisdiction to initiate a hearing on his own motion to revoke a Class A retail license issued by the city for violation of § 3-7-10 in selling alcoholic beverages to an unlicensed dealer. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

A proceeding under the laws regulating the sale of alcoholic beverages is entirely separate and distinct from a criminal prosecution for the same offense and the two proceedings are coexistent, one in nature of an action in rem, the other being against the licensee personally, and may be instituted and pursued simultaneously or otherwise. Chernov Enters. v. Sarkas, 109 R.I. 283 , 284 A.2d 61, 1971 R.I. LEXIS 1055 (1971).

Knowledge of Violation.

To authorize suspension of a license under this section for permitting gambling on the premises, it was not necessary that the licensee have knowledge of the gambling, but it is the responsibility of the licensee so to supervise the operation of a business carried on pursuant to his license as to make certain that the laws to which the license is subject are not violated. Scialo v. Smith, 99 R.I. 738 , 210 A.2d 595, 1965 R.I. LEXIS 510 (1965).

To be guilty of permitting gambling on his premises in violation of this section, it is not necessary that a licensee consent to such gambling or even have knowledge of it, but it is incumbent upon him to so supervise his premises as to prevent gambling thereon. Therault v. O'Dowd, 101 R.I. 395 , 223 A.2d 841, 1966 R.I. LEXIS 405 (1966).

Where the act of gambling takes place under this section, a violation occurs regardless of whether or not there was supervision to prevent such violation. Vitali v. Smith, 105 R.I. 760 , 254 A.2d 766, 1969 R.I. LEXIS 818 (1969).

Notice.

In a proceeding for a suspension of license it was proper for the notice to charge a violation of § 3-8-1 in selling intoxicating beverages to minors rather than charge a violation of § 3-8-5 . Hallene v. Smith, 98 R.I. 360 , 201 A.2d 921, 1964 R.I. LEXIS 177 (1964).

Notice to petitioner that he had permitted the licensed premises to become disorderly in violation of the statute adequately informed him as to the offense with which he was charged under the statute in a hearing for revocation of a liquor license. Cesaroni v. Smith, 98 R.I. 377 , 202 A.2d 292, 1964 R.I. LEXIS 181 (1964).

Proof of Violation.

Liquor control administrator’s revocation of Class A liquor license for violation of § 3-7-10 in sale of alcoholic beverages to unlicensed dealers was reversed for failure to find that licensee had reason to believe beverages would be resold, but without prejudice to power of administrator to institute new proceedings on same conduct. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

Where inspectors were lawfully on premises under §§ 3-2-2 , 3-12-3 and obtained evidence after licensees consented to search, there was no violation of constitutional rights in obtaining evidence of violation. Kmiec v. Liquor Control Hearing Bd., 87 R.I. 257 , 140 A.2d 133, 1958 R.I. LEXIS 49 (1958).

It was not incumbent on the administrator to find the licensee guilty of permitting gambling on his premises beyond a reasonable doubt, but he would be justified in finding that he had permitted gambling within the licensed premises if there were any legal evidence from which he could find, or reasonably infer, that the licensee had failed in his obligation to maintain an efficient and affirmative supervision of the business to which his license applied. Scialo v. Smith, 99 R.I. 738 , 210 A.2d 595, 1965 R.I. LEXIS 510 (1965).

Evidence obtained as a result of an illegal police search is inadmissible at a hearing to revoke a liquor license. Board of License Comm'rs v. Pastore, 463 A.2d 161, 1983 R.I. LEXIS 1019 (R.I. 1983), cert. dismissed, 469 U.S. 238, 105 S. Ct. 685, 83 L. Ed. 2d 618, 1985 U.S. LEXIS 35 (1985).

A board of liquor-license commissioners may not use the fruits of an illegal search in order to impose sanctions upon the persons whose constitutional rights have been violated. Board of License Comm'rs v. Pastore, 463 A.2d 161, 1983 R.I. LEXIS 1019 (R.I. 1983), cert. dismissed, 469 U.S. 238, 105 S. Ct. 685, 83 L. Ed. 2d 618, 1985 U.S. LEXIS 35 (1985).

Responsibility of Licensee.

Even though the responsibility may be onerous, a licensee agrees to assume such an obligation by its acceptance of the license. Schillers, Inc. v. Pastore, 419 A.2d 859, 1980 R.I. LEXIS 1947 (R.I. 1980).

Review.

There was no valid reason for quashing the liquor control administrator’s decision of suspension in view of the evidence disclosed in the record that a minor was served liquor on the licensed premises, such act constituting such a violation of the statutory provisions justifying administrator’s order of suspension. Cesaroni v. O'Dowd, 94 R.I. 66 , 177 A.2d 777, 1962 R.I. LEXIS 29 (1962).

It was not an abuse of discretion for the administrator to consider matters in aggravation, such as the large number of minors in the licensed premises and the state of the record book showing proof of age, when he revoked petitioner’s license. Santos v. Smith, 99 R.I. 430 , 208 A.2d 524, 1965 R.I. LEXIS 457 (1965).

Violation by Transferor.

Where licensees are deceased at time of hearing and daughter-in-law was their transferee, she took license subject to charge of violating this section and suspension resulting is effective as to her license. Vitali v. Smith, 105 R.I. 760 , 254 A.2d 766, 1969 R.I. LEXIS 818 (1969).

Collateral References.

Conviction, what amounts to, within statute making conviction ground for canceling license. 113 A.L.R. 1179.

Loss of license, injunction against enforcement of liquor laws which would result in. 3 A.L.R. 1486.

3-5-24. Licensee becoming bail.

If any person holding a license under this title becomes bail for any person complained of for violating any of the provisions of this title, his or her license becomes void as of the day of becoming bail.

History of Section. P.L. 1933, ch. 2013, § 28; G.L. 1938, ch. 163, § 12; G.L. 1956, § 3-5-24 .

3-5-25. Antiunion discrimination.

If the department determines that any licensee under this title has discriminated against any employee because that employee is or has become a member of any trade union, the licensee shall forfeit his or her license.

History of Section. P.L. 1933, ch. 2013, § 53; G.L. 1938, ch. 163, § 18; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-5-25 .

Cross References.

Discriminatory practices as to accommodations prohibited, § 11-24-1 et seq.

3-5-26. Records of proceedings — Admission in evidence.

  1. The board, body or official issuing licenses under this title shall keep records of its proceedings and those records are declared to be public records to which the public has the right of access at any reasonable time and under any rules as shall be established by the board, body or official keeping those records.
  2. Copies of those records certified by the secretary or clerk of the board, body or official keeping those records shall be received in any court as evidence of any of the proceedings recorded and the certificate of the clerk that it does not appear by those records that a person named in the certificate holds, or held at any named time, a license under this title shall be evidence of the fact stated in the certificate.

History of Section. P.L. 1933, ch. 2013, § 23; G.L. 1938, ch. 163, § 13; G.L. 1956, § 3-5-26 .

3-5-27. Annual reports.

  1. Boards, bodies or officials in towns or cities issuing licenses under this title shall annually on or before the first day of December, and at any other times required by the department, make a report to the department, which states the number of licenses granted by them lawfully outstanding at the time of the report with the names and addresses of the licensees, and a description of the licensed places, and the amount of money received and any other information required by the department. The department shall make available, by electronic means, the annual reports filed by said towns and cities to provide those reports to members of the public and general assembly upon request.
  2. The department shall, on or before the first day of February in every year, make available on its website, a report showing the number of manufacturers and wholesalers licenses granted by it lawfully outstanding at the time of the report with the names and addresses of licensees and a description of the licensed places, and the division of taxation shall report the amount of money received, showing the amount of beverages of various kinds imported into this state by each licensed dealer and the amount of service charge collected and the general condition affecting the use of beverages in this state.

History of Section. P.L. 1933, ch. 2013, § 24; G.L. 1938, ch. 163, § 14; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-5-27 ; P.L. 1996, ch. 100, art. 36, § 7; P.L. 2015, ch. 82, § 1; P.L. 2015, ch. 105, § 1.

3-5-28. Uniform procedures.

The department is authorized to issue any orders and prescribe any forms to local licensing boards or authorities that will provide uniform procedures and forms in the processing, handling and reporting of license applications and disciplinary actions against licensees by local licensing boards or authorities.

History of Section. G.L. 1956, § 3-5-28 ; P.L. 1965, ch. 109, § 2; P.L. 1996, ch. 100, art. 36, § 7.

3-5-29. Prohibition against assignment or leasing of license.

The holder of a license issued pursuant to this title shall not assign, rent, lease or let the license but may transfer his or her interest only as provided in § 3-5-19 .

History of Section. G.L. 1956, § 3-5-29 ; P.L. 1968, ch. 80, § 1.

NOTES TO DECISIONS

License as Security Interest.

Because of the expressed legislative intent to preserve the integrity of the UCC from implicit repeal, and the absence of language which specifically impinges on a licensee’s right to grant a security interest in a liquor license, the UCC is controlling, and a Rhode Island liquor license may be the subject of a valid security interest, notwithstanding this section. In re Camelot Court, Inc., 21 B.R. 596, 1982 Bankr. LEXIS 3760 (Bankr. D.R.I. 1982).

Chapter 6 Manufacturing and Wholesale Licenses

3-6-1. Manufacturer’s license.

  1. A manufacturer’s license authorizes the holder to establish and operate a brewery, distillery, or winery at the place described in the license for the manufacture of beverages within this state. The license does not authorize more than one of the activities of operator of a brewery or distillery or winery and a separate license shall be required for each plant.
  2. The license also authorizes the sale at wholesale, at the licensed place by the manufacturer of the product of the licensed plant, to another license holder and the transportation and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The license does authorize the sale of beverages for consumption on premises where sold; provided that the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of malt beverage or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a combination not greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.) of beer or one and one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The license also authorizes the sale of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce (12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages, or one thousand five hundred milliliters (1,500 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws governing retail Class A establishments. The containers for the sale of beverages for off-premises consumption shall be sealed. The license does not authorize the sale of beverages in this state for delivery outside this state in violation of the law of the place of delivery. The license holder may provide to visitors, in conjunction with a tour or tasting, samples, clearly marked as samples, not to exceed three hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces (72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the product of the licensed plant to visitors for off-premises consumption. The license does not authorize providing samples to a visitor of any alcoholic beverages for off-premises consumption that are not manufactured at the licensed plant. All manufacturer licenses conducting retail sales or providing samples shall be subject to compliance with alcohol server training and liquor liability insurance requirements set forth in §§ 3-7-6.1 and 3-7-29 and the regulations promulgated thereunder.
  3. The annual fee for the license is three thousand dollars ($3,000) for a distillery producing more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) for a distillery producing less than or equal to fifty thousand gallons (50,000 gal.) per year; five hundred dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500) for a winery producing more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) per year for a winery producing less than fifty thousand gallons (50,000 gal.) per year. All those fees are prorated to the year ending December 1 in every calendar year and shall be paid to the general treasurer for the use of the state.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1942, ch. 1212, art. 12, § 1; G.L. 1956, § 3-6-1 ; P.L. 1978, ch. 223, § 2; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2004, ch. 595, art. 30, § 1; P.L. 2013, ch. 462, § 1; P.L. 2013, ch. 463, § 1; P.L. 2016, ch. 142, art. 13, § 1; 2016, ch. 184, § 1; P.L. 2016, ch. 198, § 1; P.L. 2018, ch. 176, § 3; P.L. 2018, ch. 289, § 3; P.L. 2019, ch. 269, § 1; P.L. 2021, ch. 313, § 1, effective July 9, 2021; P.L. 2021, ch. 314, § 1, effective July 9, 2021.

Compiler’s Notes.

This section was amended by three acts ( P.L. 2016, ch. 142, art. 13, § 1; P.L. 2016, ch. 184, § 1; P.L. 2016, ch. 198, § 1) as passed by the 2016 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all three acts.

P.L. 2016, ch. 184, § 1, and P.L. 2016, ch. 198, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 176, § 3, and P.L. 2018, ch. 289, § 3 enacted identical amendments to this section.

P.L. 2021, ch. 313, § 1, and P.L. 2021, ch. 314, § 1 enacted identical amendments to this section.

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, § 3-5-12 .

Consumption on premises prohibited, § 3-5-13 .

Expiration date of license, § 3-5-8 .

Functions of department of business regulation, § 42-14-2 .

Interest in retailer prohibited, § 3-7-22 .

Local option provisions, §§ 3-5-2 3-5-4 .

Posting of licenses, § 3-5-18 .

Power to issue license, § 3-5-14 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

Comparative Legislation.

Manufacturers and wholesalers:

Conn. Gen. Stat. §§ 30-16 — 30-19.

Mass. Ann. Laws ch. 138, §§ 18 — 20A.

Collateral References.

Discrimination: population, validity of statutory classifications based on population. 100 A.L.R.3d 850.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-6-1.1. Farmer-winery licenses — Fee.

  1. For the purpose of encouraging the development of domestic vineyards, the department shall issue a farmer-winery license to any applicant of the state and to applying partnerships and to applying corporations organized under the laws of any other state of the United States and admitted to do business in this state.
  2. A winegrower may operate a farmer’s winery under any conditions the department may prescribe by regulation.
  3. A winegrower may import fruit, flowers, herbs, and vegetables to produce not more than seven thousand five hundred (7,500) gallons of wine during his or her first year of operation, not more than five thousand (5,000) gallons during his or her second year of operation, not more than two thousand five hundred (2,500) gallons during his or her third year of operation and not more than one thousand (1,000) gallons per year thereafter.
  4. If a winegrower suffers crop failure in his or her vineyard in a particular year to the extent that the fruit yield from his or her vineyard that year is at least twenty-five percent (25%) below the average yield for the previous two (2) years, the winegrower may import fruit into the state during that year in an amount equal to the difference between the current year’s yield and the average for the previous two (2) years. A winegrower shall not import unfermented juice, wine or alcohol into the state.
  5. A winegrower may sell wine or winery products under his or her label and fermented by him or her or another winegrower licensed by the state. He or she may sell wine or winery products:
    1. At wholesale to any person holding a valid license to manufacture alcoholic beverages;
    2. At wholesale to any person holding a valid wholesaler’s and importer’s license under §§ 3-6-9 3-6-11 ;
    3. At wholesale to any person holding a valid farmer-winery license under this section;
    4. At retail by the bottle to consumers for consumption off the winery premises; provided, however a winegrower shall not sell wine at retail for delivery off the site of the winery premises in Rhode Island directly to Rhode Island residents, except in the manner provided for like sales and shipment in § 3-4-8 .
    5. At wholesale to any person in any state or territory in which the importation and sale of wine is not prohibited by law;
    6. At wholesale to any person in any foreign country;
    7. At wholesale to liquor dealers holding a valid license under the provisions of title 3;
    8. At wholesale to restaurants holding a valid license under the provisions of title 3; and
    9. At retail by the bottle or by the glass for consumption on the winery premises.
  6. A winegrower may not sell at retail to consumers any wine or winery product not fermented in the state and sold under the brand name of the winery.
  7. A winegrower may serve complimentary samples of wine produced by the winery where the wine is fermented in the state and sold under the winery brand name.
  8. All wines sold by a licensee shall be sold under any conditions and with any labels or other marks to identify the producer as the department may prescribe.
  9. Every applicant for a farmer-winery license shall, at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of wine to be produced during the year covered by the license. Persons holding farmer-winery licenses shall report annually at the end of the year covered by the license the amount of wine produced during that year. If the total amount of wine produced during the year is less than the amount permitted by the fee already paid, the state shall reimburse the licensee for whatever fee was paid in excess. If the total amount of wine produced during the year exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing.

History of Section. P.L. 1978, ch. 223, § 3; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2005, ch. 330, § 1; P.L. 2005, ch. 399, § 1; P.L. 2008, ch. 60, § 1; P.L. 2008, ch. 64, § 1.

3-6-1.2. Brewpub manufacturer’s license.

  1. A brewpub manufacturer’s license shall authorize the holder to establish and operate a brewpub within this state. The brewpub manufacturer’s license shall authorize the retail sale of the beverages manufactured on the location for consumption on the premises. The license shall not authorize the retail sale of beverages from any location other than the location set forth in the license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-gallon bottle known as a “growler” to consumers for off the premises consumption to be sold pursuant to the laws governing retail Class A establishments. The license also authorizes the sale of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce (12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages, or one thousand five hundred milliliters (1,500 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws governing retail Class A establishments.
  2. The license shall also authorize the sale at wholesale at the licensed place by the manufacturer of the product of his or her licensed plant as well as beverages produced for the brewpub and sold under the brewpub’s name to a holder of a wholesaler’s license and the transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier for that delivery.
  3. The brewpub manufacturer’s license further authorizes the sale of beverages manufactured on the premises to any person holding a valid wholesaler’s and importer’s license under § 3-6-9 or § 3-6-11 .
  4. The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) per year for a brewpub producing less than fifty thousand gallons (50,000 gal.) per year. The annual fee is prorated to the year ending December 1 in every calendar year and paid to the general treasurer for the use of the state.
  5. [Expires March 1, 2022].  A holder of a brewpub manufacturer’s license will be permitted to sell, with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-10-1 , and any other DBR regulations.
    1. [Expires March 1, 2022].  Delivery of alcoholic beverages with food from a brewpub licensee is prohibited.

History of Section. P.L. 1992, ch. 472, § 1; P.L. 1996, ch. 100, art. 36, § 9; P.L. 1997, ch. 347, § 1; P.L. 2003, ch. 221, § 1; P.L. 2004, ch. 595, art. 30, § 1; P.L. 2018, ch. 176, § 3; P.L. 2018, ch. 289, § 3; P.L. 2021, ch. 129, § 2, effective July 2, 2021; P.L. 2021, ch. 130, § 2, effective July 2, 2021; P.L. 2021, ch. 313, § 2, effective July 9, 2021; P.L. 2021, ch. 314, § 2, effective July 9, 2021.

Compiler’s Notes.

P.L. 2018, ch. 176, § 3, and P.L. 2018, ch. 289, § 3 enacted identical amendments to this section.

P.L. 2021, ch. 129, § 2, and P.L. 2021, ch. 130, § 2 enacted identical amendments to this section.

P.L. 2021, ch. 313, § 2, and P.L. 2021, ch. 314, § 2 enacted identical amendments to this section.

This section was amended by four acts ( P.L. 2021, ch. 129, § 2; P.L. 2021, ch. 130, § 2; P.L. 2021, ch. 313, § 2; P.L. 2021, ch. 314, § 2 ) as passed by the 2021 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

Sunset Provision.

P.L. 2021, ch. 129, § 3, provides: “This act shall take effect upon passage [July 2, 2021] and shall sunset on March 1, 2022.”

P.L. 2021, ch. 130, § 3, provides: “This act shall take effect upon passage [July 2, 2021] and shall sunset on March 1, 2022.”

3-6-2. Rectifying as manufacturing.

With a view to the enforcement of the provisions of this title, and of the conditions, rules and regulations established and authorized by the department pertaining to rectifiers and those regarded as being in the business of rectifying, the business of manufacturing beverages may be deemed to include the business of rectifying beverages unless the context otherwise requires.

History of Section. P.L. 1937, ch. 2524, § 3; G.L. 1938, ch. 166, § 3; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-6-2 ; P.L. 1996, ch. 100, art. 36, § 9.

3-6-3. Rectifier’s license.

The department is authorized to issue rectifiers’ licenses in accordance with the provisions of §§ 3-6-4 3-6-8 . The fee provided shall be prorated to the year ending December 1 in every calendar year and be paid to the general treasurer for the use of the state.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1937, ch. 2524, § 1; G.L. 1938, ch. 163, § 3; P.L. 1942, ch. 1212, art. 12, § 1; G.L. 1956, § 3-6-3 ; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2018, ch. 176, § 3; P.L. 2018, ch. 289, § 3.

Compiler’s Notes.

P.L. 2018, ch. 176, § 3, and P.L. 2018, ch. 289, § 3 enacted identical amendments to this section.

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, § 3-5-12 .

Consumption on premises prohibited, § 3-5-13 .

Expiration date of license, § 3-5-8 .

Interest in retailer prohibited, § 3-7-22 .

Local option provisions, §§ 3-5-2 3-5-4 .

Posting of licenses, § 3-5-18 .

Power to issue license, § 3-5-14 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

3-6-4. Practices requiring rectifier’s license.

Any person who rectifies, purifies, refines or blends distilled spirits or wines by any process, other than by original and continuous distillation from mash, wort, or wash, through continuous closed vessels and pipes until the manufacture is complete, and every wholesale or retail licensee who has in his or her possession any still or leach tub, or who keeps any other apparatus for the purpose of refining in any manner distilled spirits and wines, and any person who without rectifying, purifying or refining distilled spirits mixes such spirits, wines or other liquor with any material, manufactures any spurious, imitation or compound liquors for sale under the name of whiskey, brandy, gin, rum, wine, spirits, cordials or wine bitters, or any other name, is regarded as a rectifier engaged in the business of rectifying. Nothing in this section shall be held to prohibit the purifying or refining of spirits in the course of original and continuous distillation through any material which will not remain incorporated with those spirits when the manufacture of the spirits is complete.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1937, ch. 2524, § 1; G.L. 1938, ch. 166, § 1; G.L. 1956, § 3-6-4 .

3-6-5. Privileges conferred by rectifier’s license.

A rectifier’s license authorizes the holder to engage in the business of rectifying and blending at the place described for the rectifying, purifying, refining, blending, warehousing and bottling of distilled spirits and wines within this state by any process other than by original and continuous distillation from mash, wort, or wash, through continuous closed vessels and pipes, until the manufacturing is complete. A separate license is required for each plant.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1937, ch. 2524, § 1; G.L. 1938, ch. 166, § 1; G.L. 1956, § 3-6-5 .

3-6-6. Bottling and sale privileges of a rectifier’s license.

A rectifier’s license also authorizes the license holder to bottle distilled spirits and wines without rectifying or blending and authorizes the sale at wholesale at the licensed place by the rectifier of the distilled spirits and wines rectified, blended, warehoused or bottled at his or her licensed plant to another license holder and the transportation and the delivery from the place of sale to the licensed place or to a common carrier for that delivery. It shall not authorize the sale of beverages for consumption on the premises where sold, nor the sale of beverages within this state for delivery outside the state in violation of the law of the place of delivery.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1937, ch. 2524, § 1; G.L. 1938, ch. 166, § 1; P.L. 1942, ch. 1212, art. 12, § 4; G.L. 1956, § 3-6-6 .

3-6-7. Annual rectifier’s license fee.

The annual fee for a rectifier’s license is five hundred dollars ($500). The fee is prorated to the year ending December 1 in each calendar year.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1937, ch. 2524, § 1; G.L. 1938, ch. 166, § 1; P.L. 1942, ch. 1212, art. 12, § 4; G.L. 1956, § 3-6-7 ; P.L. 2018, ch. 121, § 1; P.L. 2018, ch. 226, § 1.

Compiler’s Notes.

P.L. 2018, ch. 121, § 1, and P.L. 2018, ch. 226, § 1 enacted identical amendments to this section.

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-6-8. Supervision of rectifying.

The department of business regulation has general supervision of the conduct of the business of rectifying, and the right, power and jurisdiction to issue a rectifier’s license is solely in that department.

History of Section. P.L. 1937, ch. 2524, § 2; G.L. 1938, ch. 166, § 2; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-6-8 .

3-6-9. Wholesaler’s license — Class A.

A wholesaler’s license, Class A, authorizes the holder to keep for sale and to sell malt beverages and wines at wholesale at the place described to holders of licenses under this title within this state and to holders of wholesale licenses in other states and the transportation and delivery from the place of sale to those license holders or to a common carrier for that delivery. Sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only to a wholesaler who is a distributor of the same brand of malt beverages or wines subject to permission by the department. The license shall not authorize the sale of malt beverages or wines for consumption on the premises where sold nor their sale for their delivery outside this state in violation of the law of the place of delivery. The annual fee for the license is two thousand dollars ($2,000) prorated to the year ending December 1 in every calendar year, and shall be paid to the general treasurer for the use of the state. Whenever any malt beverages or wines are sold outside the state pursuant to this section, refunds or credits of import fees previously paid on those malt beverages or wines shall be made to holders of wholesaler’s licenses under this title in accordance with regulations promulgated by the division of taxation.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1934 (S.S.), ch. 2173, § 1; P.L. 1934 (S.S.), ch. 2174, § 1; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1942, ch. 1212, art. 12, § 2; G.L. 1956, § 3-6-9 ; P.L. 1960, ch. 75, § 1; P.L. 1986, ch. 145, § 1; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2004, ch. 595, art. 30, § 1; P.L. 2018, ch. 176, § 3; P.L. 2018, ch. 289, § 3.

Compiler’s Notes.

P.L. 2018, ch. 176, § 3, and P.L. 2018, ch. 289, § 3 enacted identical amendments to this section.

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, § 3-5-12 .

Chain store license, § 3-5-11 .

Consumption on premises prohibited, § 3-5-13 .

Expiration date of license, § 3-5-8 .

Interest in retailer prohibited, § 3-7-22 .

Local option provisions, §§ 3-5-2 3-5-4 .

Payment of excess profit to state, § 3-10-11 .

Posting of licenses, § 3-5-18 .

Power to issue license, § 3-5-14 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

NOTES TO DECISIONS

Authorized Sales.

In order for wholesaler to recover purchase price of beverages sold, such dealer must prove compliance with the statutory provisions which prescribe the persons to whom a wholesale dealer may sell and must also show that the beverages were actually sold to an authorized person or at least that the deliveries were made under such conditions as to make the alleged purchaser liable on basis of ratification or estoppel. General Wine Co. v. Del Nigro, 64 R.I. 103 , 10 A.2d 678, 1940 R.I. LEXIS 14 (1940).

Lessor was not liable for purchase price of beverages sold to an agent of the lessee by wholesaler without lessor’s knowledge or authorization, even though lessor was record holder of a retail license displayed on the premises. General Wine Co. v. Del Nigro, 64 R.I. 103 , 10 A.2d 678, 1940 R.I. LEXIS 14 (1940).

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-6-10. Wholesaler’s license — Class B.

  1. A wholesaler’s license, Class B, authorizes the holder to keep for sale and to sell malt and vinous beverages and distilled spirits at wholesale, at the place described in the license, to holders of licenses under this title within this state and to holders of wholesale licenses in other states and authorizes the transportation and delivery from the place of sale to those license holders or to a common carrier for that delivery. Sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only to a wholesaler who is a distributor of the same brand of malt beverages, vinous beverages, and distilled spirits subject to permission by the state liquor control administrator. The license shall not authorize the sale of beverages for consumption on the premises where sold nor the sale of beverages for delivery outside this state in violation of the law of the place of delivery.
  2. The annual fee for the license is four thousand dollars ($4,000) prorated to the year ending December 1 in every calendar year, and shall be paid to the general treasurer for the use of the state whenever any malt beverages, vinous beverages, and distilled spirits are sold outside the state pursuant to this section. Refunds or credits of import fees previously paid on malt beverages, vinous beverages and distilled spirits shall be made to holders of wholesaler’s licenses under this title in accordance with regulations promulgated by the division of taxation.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1934 (S.S.), ch. 2173, § 1; P.L. 1934 (S.S.), ch. 2174, § 1; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1942, ch. 1212, art. 12, § 2; G.L. 1956, § 3-6-10 ; P.L. 1960, ch. 75, § 1; P.L. 1986, ch. 145, § 1; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2004, ch. 595, art. 30, § 1; P.L. 2018, ch. 176, § 3; P.L. 2018, ch. 289, § 3.

Compiler’s Notes.

P.L. 2018, ch. 176, § 3, and P.L. 2018, ch. 289, § 3 enacted identical amendments to this section.

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, § 3-5-12 .

Chain store licenses, § 3-5-11 .

Consumption on premises prohibited, § 3-5-13 .

Expiration date of license, § 3-5-8 .

Interest in retailer prohibited, § 3-7-22 .

Local option provisions, §§ 3-5-2 3-5-4 .

Payment of excess profit to state, § 3-10-11 .

Posting of licenses, § 3-5-18 .

Power to issue license, § 3-5-14 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

NOTES TO DECISIONS

Authorized Sales.

In order for wholesaler to recover purchase price for beverages sold, such dealer must prove compliance with the statutory provisions which prescribe the persons to whom a wholesale dealer may sell and must also show that the beverages were actually sold to an authorized person or an agent of such person, or at least that the deliveries were made under such conditions as to make the alleged purchaser liable on basis of ratification or estoppel. General Wine Co. v. Del Nigro, 64 R.I. 103 , 10 A.2d 678, 1940 R.I. LEXIS 14 (1940).

Lessor was not liable for purchase price of beverages sold to an agent of the lessee by wholesaler without lessor’s knowledge or authorization, even though the lessor was record holder of a retail license displayed on the leased premises. General Wine Co. v. Del Nigro, 64 R.I. 103 , 10 A.2d 678, 1940 R.I. LEXIS 14 (1940).

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-6-11. Wholesaler’s Class C license.

A wholesaler’s Class C license authorizes the holder to manufacture, transport, import, export, deliver, and sell alcohol for mechanical, manufacturing, medicinal, or chemical purposes only, or to any registered pharmacist, licensed pharmacy, drug store, or apothecary shop, or to any registered physician or dentist, or to any hospital or educational or scientific institution, for use other than beverage purposes. The annual fee for the license is two hundred dollars ($200) and shall be paid to the general treasurer for the use of the state.

History of Section. G.L. 1938, ch. 163, § 3; P.L. 1940, ch. 815, § 1; P.L. 1942, ch. 1212, art. 12, § 2; G.L. 1956, § 3-6-11 ; P.L. 1960, ch. 75, § 1; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2018, ch. 176, § 3; P.L. 2018, ch. 289, § 3.

Compiler’s Notes.

P.L. 2018, ch. 176, § 3, and P.L. 2018, ch. 289, § 3 enacted identical amendments to this section.

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, § 3-5-12 .

Chain store licenses, § 3-5-11 .

Consumption on premises prohibited, § 3-5-13 .

Expiration date of license, § 3-5-8 .

Interest in retailer prohibited, § 3-7-22 .

Local option provisions, §§ 3-5-2 3-5-4 .

Payment of excess profit to state, § 3-10-11 .

Posting of licenses, § 3-5-18 .

Power to issue license, § 3-5-14 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-6-12. Agents’ licenses.

Any person who represents a distillery, winery, or brewery is deemed and taken to be acting as an agent for and on behalf of that distillery, winery, or brewery, and is required to have received from the department a license to act as an agent. The annual fee for that license is fifty dollars ($50.00) paid to the general treasurer. The department may, after notice, suspend or revoke any license for cause.

History of Section. P.L. 1977, ch. 187, § 1; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2004, ch. 595, art. 30, § 1; P.L. 2018, ch. 176, § 3; P.L. 2018, ch. 289, § 3.

Compiler’s Notes.

P.L. 2018, ch. 176, § 3, and P.L. 2018, ch. 289, § 3 enacted identical amendments to this section.

Repealed Sections.

The former section (P.L. 1933, ch. 2013, § 17; P.L. 1934, ch. 2088, § 5; P.L. 1933, ch. 2013, § 5; P.L. 1934 (S.S.), ch. 2173, § 1; P.L. 1934 (S.S.), ch. 2174, § 1; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, §§ 3, 4; P.L. 1942, ch. 1212, art. 12, § 2; G.L. 1956, § 3-6-12 ) was repealed by P.L. 1968, ch. 96, § 2.

3-6-13. [Repealed.]

History of Section. P.L. 1933, ch. 2013, § 22; P.L. 1934, ch. 2088, § 6; G.L. 1938, ch. 163, § 9; P.L. 1942, ch. 1212, art. 12, § 3; G.L. 1956, § 3-6-13 ; P.L. 1987, ch. 78, § 11; P.L. 1996, ch. 100, art. 36, § 9; P.L. 1997, ch. 326, § 4; P.L. 2016, ch. 512, art. 2, § 43; Repealed by P.L. 2018, ch. 176, § 2, effective July 2, 2018; P.L. 2018, ch. 289, § 2, effective July 2, 2018.

Compiler’s Notes.

Former § 3-6-13 concerned license bonds to state.

3-6-14. Certificate of compliance.

  1. As conditions precedent to transporting, or causing to be transported, distilled spirits, malt beverages, and vinous beverages into this state for storage, sale, or consumption in this state, any person, firm, or corporation located in another state shall first obtain a certificate of compliance from the department.
  2. The certificate of compliance shall be issued upon the condition that the holder furnishes from time to time, as the department may require, but in no event more often than once each month, information concerning all shipments or sales of distilled spirits, malt beverages, and vinous beverages made into this state. The holder must also furnish information concerning the brand, type of container, quantity, and other information that may be required by the department. The department is empowered to promulgate any rules and regulations that may be necessary for the enforcement of this subsection.
  3. As a condition precedent to the issuance of and during the term of a certificate, the holder shall comply with the provisions of this title, and all rules and regulations promulgated under authority of this title.
  4. The department may suspend, cancel, or revoke any certificate of compliance for violation of the terms or conditions of the certificate.
  5. The certificate of compliance shall contain on its face a list of those distilled spirits, malt beverages, and vinous beverages transported or caused to be transported into this state by the holder of the certificate.
  6. The annual fee for the certificate of compliance is forty dollars ($40.00) for each and every brand, blend, mixture, variety, type, kind, and class of distilled spirits, malt beverages, and vinous beverages. The annual fee, prorated to the year ending December 1st in every calendar year, is paid to the department, and deposited as general revenues. The department may fix a flat fee per gallon instead of the annual fee for any of the above categories where the application for a certificate of compliance contains an affidavit that less than twenty-five (25) gallons of the category involved will be imported during the year for which filed.

History of Section. G.L. 1956, § 3-6-14 ; P.L. 1959, ch. 156, § 1; P.L. 1963, ch. 150, § 1; P.L. 1977, ch. 240, § l; P.L. 1987, ch. 95, § 1; P.L. 1995, ch. 370, art. 40, § 2; P.L. 1996, ch. 2, § 1; P.L. 1996, ch. 100, art. 36, § 9; P.L. 2002, ch. 65, art. 13, § 20; P.L. 2004, ch. 595, art. 30, § 1.

3-6-14.1. Pricing restrictions — Affirmation of price compliance.

  1. No holder of a certificate of compliance for distilled spirits or vinous beverages shall ship, transport, or deliver within this state, or sell or offer for sale, to a wholesaler, any brand of distilled spirits or vinous beverages at a bottle or case price higher than the lowest price at which that item is then being sold or offered for sale or shipped, transported, or delivered by the holder of a certificate of compliance to any wholesaler in any other state of the United States or in the District of Columbia or to any state, including an agency of the state, which owns and operates retail liquor outlets.
  2. Prior to the shipment of distilled spirits or vinous beverages, the holder of a certificate of compliance, or the authorized representative of the holder, shall file with the department a written affirmation under oath by the holder of the certificate of compliance certifying that at the time of filing the bottle or case price to the wholesaler is no higher than the lowest price at which each item of distilled spirits or vinous beverages is being sold, offered for sale, shipped, transported, or delivered by that holder to any wholesaler in any other state in the United States or in the District of Columbia, or to any state or agency of a state which owns and operates retail liquor outlets.
  3. A holder of a certificate of compliance may file the affirmation required by this section once and may certify that the affirmation remains in full force and effect until amended as set forth in this title.
  4. In determining the lowest price for which any item or distilled spirits or vinous beverages is or was sold, offered for sale, shipped, transported or delivered by the holder of a certificate of compliance to a wholesaler in any other state or in the District of Columbia or to any state or state agency which owns and operates retail liquor outlets, appropriate reductions will be made for all discounts, rebates, free goods, allowances and other inducements of any kind whatever offered or given to the wholesaler in another state or in the District of Columbia or to any state agency which owns and operates retail liquor outlets. Differentials in price which make only due allowances for differences in state taxes and fees and for the actual cost of delivery are permissible. As used in this section, “state taxes and fees” means the excise taxes imposed or the fees required by any state or the District of Columbia upon or based upon a gallon of alcoholic liquor and “gallon” means one hundred twenty-eight (128) fluid ounces.
  5. This section shall not preclude the holder of a certificate of compliance from lowering prices to any wholesaler in any other state of the United States or in the District of Columbia, or to any state or agency of a state which owns and operates retail liquor outlets at any time but notice of this change shall be set forth in an amendment to the affirmation on file in the office of the department. This amendment shall be under oath and shall be filed within ten (10) days from the date of this change in price.
  6. The department shall enforce the provisions of this section and make any regulations that are necessary to carry out its provisions.

History of Section. G.L. 1956, § 3-6-14.1 ; P.L. 1974, ch. 282, § 1; P.L. 1987, ch. 539, § 1; P.L. 1996, ch. 100, art. 36, § 9.

3-6-15. Manufacturer’s interest in business of wholesaler prohibited.

No manufacturer of distilled spirits or wines whose principal place of manufacture is outside of this state shall hold a wholesaler’s license issued under this title or shall have any interest in a wholesaler’s license, either directly or indirectly, as an owner or part owner, or through a subsidiary or affiliate, or by any officers, directors, or employees of the manufacturer, or by stock ownership, interlocking directors, trusteeship, loan, mortgage or by being a guarantor, endorser or surety of any obligation of a wholesaler.

History of Section. G.L. 1956, § 3-6-15 ; P.L. 1968, ch. 96, § 1.

3-6-16. Purchases by wholesalers from distilleries, wineries, rectifiers, breweries and certain importers only.

  1. The holders of wholesale licenses in this state shall purchase beverages only from the distillery, rectifier, winery or brewery manufacturing the beverages or from the importer holding the basic contract with a foreign supplier whereby that foreign supplier exports distilled spirits, wines or malt beverages into the United States. Any wholesaler, who, prior to May 16, 1975, has made regular purchases from the agent specifically designated by a distillery, rectifier, winery, brewery or importer for the express purpose of making sales of distilled spirits, wines or malt beverages to wholesalers in states other than the one in which the agent is licensed and located, may continue to make those purchases from the agent.
  2. The provisions of this section shall not apply to purchases by wholesalers in this state from other wholesalers in this state nor shall the provisions of this section apply to purchases of distilled spirits, wines or malt beverages by wholesalers in this state from wholesalers in another state who sell the same brand of distilled spirits, wines or malt beverages if those purchases are made only to fill in temporary shortages of inventory.

History of Section. G.L. 1956, § 3-6-16 ; P.L. 1975, ch. 107, § 1.

3-6-17. Penalties for violations.

A violation of any provision of this chapter is punishable, upon conviction, by a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety (90) days.

History of Section. P.L. 1977, ch. 187, § 1.

Chapter 7 Retail Licenses

3-7-1. Class A license — Towns and cities of less than 10,000.

In cities and towns having a population of less than ten thousand (10,000) inhabitants, a retailer’s Class A license authorizes the holder to keep for sale and to sell at the place described beverages at retail and to deliver the beverages in a sealed package or container, which package or container shall not be opened nor its contents consumed on the premises where sold. The sale of any quantity of beverages to a nonlicense holder constitutes a sale at retail. These provisions shall not be construed to limit the powers of the department of business regulation to issue licenses on condition, nor to make rules and regulations as provided. The annual fee for the license is four hundred dollars ($400) prorated to the year ending December 1 of every calendar year.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3, impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-7-1 .

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, §§ 3-5-12 , 3-7-18 .

Chain store licenses, § 3-5-11 .

Consumption on premises prohibited, § 3-5-13 .

Expiration date of license, § 3-5-8 .

Functions of department of business regulation, § 42-14-2 .

Local option provisions, §§ 3-5-2 3-5-4 .

Maximum number of licenses, § 3-5-16 .

Posting of licenses, § 3-5-18 .

Power to issue licenses, § 3-5-14 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

Comparative Legislation.

Sales and permits:

Conn. Gen. Stat. §§ 30-20 et seq.

Mass. Ann. Laws ch. 138, §§ 1 — 78.

NOTES TO DECISIONS

Constitutionality.

Discrimination between the requirements and conditions imposed on holders of Class A licenses in towns falling within the provisions of § 3-7-3 and holders of Class A licenses falling within the provisions of this section was not so clearly arbitrary and unreasonable as to be unconstitutional under the equal protection clause of U.S. Const., Amend. 14. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Provisions relating to issuance of retailers Class A licenses were not unconstitutional under provisions of former R.I. Const., Art. IV, § 10 , relating to legislative power of general assembly. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Rebate of Fees.

There was no right of rebate of part of liquor license fee upon voluntary surrender of the license before the date of its expiration. Cobb's, Inc. v. Fitzpatrick, 61 R.I. 1 , 199 A. 614, 1938 R.I. LEXIS 17 (1938).

Where holder of a Class A license surrendered such license in order to retain Class B license which it had been improperly granted while holding the Class A license, the surrender of the Class A license was voluntary and such holder was not entitled to rebate on license fee. Cobb's, Inc. v. Fitzpatrick, 61 R.I. 1 , 199 A. 614, 1938 R.I. LEXIS 17 (1938).

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

Licenses and permits: billiard rooms and bowling alleys, zoning or licensing regulation prohibiting or restricting location of. 100 A.L.R.3d 252.

Ownership: associations and clubs: criminal liability of member or agent of private club or association, or of owner or lessor of its premises, for violation of state or local liquor or gambling laws thereon. 98 A.L.R.3d 694.

Population classifications: validity of statutory classifications based on population — intoxicating liquor statutes. 100 A.L.R.3d 850.

Public place: open beverage: validity and construction statute or ordinance making it offense to have possession of open or unsealed alcoholic beverage in public place. 39 A.L.R.4th 668.

3-7-2. Repealed.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934 (S.S.), ch. 2173, § 1; P.L. 1934 (S.S.), ch. 2174, § 1; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1939, ch. 659, § 2; P.L. 1942, ch. 1212, art. 12, § 2; Repealed by P.L. 1976, ch. 251, § 1.

Compiler’s Notes.

Former § 3-7-2 concerned retailer’s license issued to wholesaler.

3-7-3. Class A license — Towns and cities of 10,000 or more.

  1. In cities and towns having a population of ten thousand (10,000) or more inhabitants, a retailer’s Class A license authorizes the holder to keep for sale and to sell, at the place described, beverages at retail and to deliver the beverages in a sealed package or container, which package or container shall not be opened nor its contents consumed on the premises where sold. The holder of a Class A license, if other than a person entitled to retail, compound, and dispense medicines and poisons, shall not on the licensed premises engage in any other business, keep for sale or sell any goods, wares, merchandise or any other article or thing except the beverages authorized under this license and nonalcoholic beverages. This provision shall not apply to the sale or selling of cigarettes, newspapers, cigars, cigarette lighters, gift bags, prepackaged peanuts, pretzels, chips, olives, onions, cherries, hot stuffed cherry peppers, Slim Jims and similar pre-packaged dried meat products, pickled eggs, popcorn, pre-packaged candy, styrofoam cooler, lemons, limes, and ice, nor to home bar accessories such as pourers, glasses, cork screws, stirrers, flasks, jiggers, wine racks, ice crushers, bottle openers, can openers and any other items of like nature which may, by suitable regulation of the director of business regulation, be authorized to be sold. A holder of a Class A license will not be prohibited from providing ATM machines to the general public for use on its licensed premises. This section shall not apply to promotional free goods which are subject to approval by the director. In the city of Newport this license may be issued to any person, firm or corporation who are owners of bona fide markets for the sale of alcoholic beverages in conjunction with and in addition to the sale of meats or groceries in those bona fide markets. A person, firm or corporation in that city may obtain a limited Class A license to sell beer, lager and ale on the same premises as other goods, wares, merchandise and articles are sold. No Class A license is granted for any premises unless the premises constitute a separate store, the entrance or entrances to which shall be exclusively from the street or streets or arcade. This provision shall not apply to any person, firm or corporation in the city of Newport who are owners of bona fide markets for the sale of alcoholic beverages in conjunction with and in addition to the sale of meats or groceries in those bona fide markets and as long as the market is owned and operated by the mother, father, son, daughter, brother or sister of the original licensee, but not otherwise.
  2. The premises shall have opaque walls which shall completely partition and sever the premises from any adjoining market, concession or business. This provision shall not be construed to limit the powers of the department to issue licenses on condition nor to make rules and regulations as provided. The annual fee for a Class A license is five hundred dollars ($500) to one thousand dollars ($1,000) prorated to the year ending December 1st in every calendar year.
  3. Any licenses issued under the provisions of this section prior to May 8, 1964 remains in full force and effect.

History of Section. P.L. 1933, ch. 2013, § 5B; P.L. 1936, ch. 2338, § 1; P.L. 1937, ch. 2522, § 1; G.L. 1938, ch. 163, § 3; P.L. 1939, ch. 728, § 1; G.L. 1956, § 3-7-3 ; P.L. 1962, ch. 252, § 1; P.L. 1963, ch. 149, § 1; P.L. 1964, ch. 234, § 1; P.L. 1969, ch. 247, § 1; P.L. 1996, ch. 364, § 1; P.L. 2002, ch. 139, § 1; P.L. 2002, ch. 249, § 1; P.L. 2002, ch. 313, § 1; P.L. 2003, ch. 376, art. 7, § 11; P.L. 2004, ch. 237, § 1; P.L. 2004, ch. 410, § 1; P.L. 2005, ch. 416, § 1; P.L. 2006, ch. 624, § 1.

Cross References.

See cross references under § 3-7-1 .

Closing hours, § 3-7-23 .

NOTES TO DECISIONS

Constitutionality.

Discrimination between the requirements and conditions imposed on holders of Class A licenses in towns falling within the provisions of this section and holders of Class A licenses falling within the provisions of § 3-7-1 was not so clearly arbitrary and unreasonable as to be unconstitutional under the equal protection clause of U.S. Const., Amend. 14. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Provisions relating to retailer’s Class A licenses were not unconstitutional under provisions of former R.I. Const., Art. IV, § 10 , relating to legislative power of general assembly. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Requiring separation of places of sale of alcoholic beverages from places of sale of other merchandise in the case of holders of Class A licenses under this section while not requiring such separation as to holders of Class E licenses also holding Class A licenses was not an unconstitutional discrimination. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Standing.

Holders of Class A liquor license which was soon to expire and who had, upon application for renewal of license, been given notice to separate their merchandise and alcoholic beverage business into separate stores as required in this section, had sufficient interest to contest constitutionality of the statute although not yet actually refused license. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

Validity of statute or ordinance prohibiting sale of intoxicating liquor in stores devoted mainly to sale of other commodities. 113 A.L.R. 1392.

3-7-3.1. Class AT license.

One retailer’s Class AT license may be issued within the state, by the local licensing authority of the city of Warwick to one person. This person shall be a lessee of retail space at the state airport found within the city of Warwick and this license authorizes the holder to keep for sale and to sell at retail, at the place described, beverages produced in this state and to deliver the beverages at room temperature in a sealed package or container, which package or container shall not be opened nor its contents consumed on the premises where sold. The person to whom the license is issued shall pay to the city of Warwick an annual fee of one hundred dollars ($100) for the license. The license expires one year from its date. No further license shall be required or tax levied by the city for the privilege of selling these beverages pursuant to a license issued under this section. The license is limited to the same days and hours of operation as the holder of a Class A license within the city of Warwick.

History of Section. P.L. 1997, ch. 147, § 1.

3-7-4. Proximity of Class A licenses.

  1. Retailer’s Class A licenses under this chapter shall not be issued to authorize the sale of beverages in any store or place within two hundred feet (200´) measured by any public way of another premises holding a Class A license. Licenses presently issued to premises within two hundred feet (200´) of the premises where another Class A license is presently issued, may continue to be issued to those premises so long as those premises are in continuous operation under the license. Any transfer or removal from those premises of the license is subject to the provisions of this section. Where a proposed licensed place is upon the opposite side of the street from an existing license, the width of the street is to be disregarded in measuring the distance so as to ascertain if it is two hundred feet (200´) away from the premises.
  2. In the event that the building or land occupied by the holder of a retailer’s Class A license is taken in whole or in part by eminent domain or by other public authority, the board, body or official who issued the license may permit the license to be transferred to a store or place no closer than one hundred fifty feet (150´) measured by any public way of other premises holding a Class A license. A retailer’s Class A license may be issued to the premises so long as the premises are in continuous operation under the license. Where a proposed licensed place is upon the opposite side of the street from an existing license, the width of the street is to be disregarded in measuring the distance to ascertain if it is one hundred fifty feet (150´) away from those premises.

History of Section. P.L. 1933, ch. 2013, § 21; P.L. 1936, ch. 2338, § 4; P.L. 1937, ch. 2522, § 2; G.L. 1938, ch. 163, § 7; P.L. 1941, ch. 1038, § 1; P.L. 1946, ch. 1708, § 1; G.L. 1956, § 3-7-4 ; P.L. 1964, ch. 231, § 2; P.L. 1965, ch. 130, § 1.

NOTES TO DECISIONS

Construction With Other Provisions.

Any inconsistency between provisions of the 1949 amendment to § 3-7-5 and the 1946 amendment to the present section relative to issuance of Class A licenses was immaterial since the 1949 law, being later in time, would prevail. Romano v. Daneker, 77 R.I. 61 , 73 A.2d 236, 1950 R.I. LEXIS 38 (1950).

Collateral References.

“Grandfather clause,” construction of. 4 A.L.R.2d 691.

License holder’s right to question propriety of issuing license to other persons. 109 A.L.R. 1259.

Measure of distances for purpose of enactment prohibiting sale, or license for sale, of intoxicating liquor within given distance from church, university, school, or other institution or property as base. 4 A.L.R.3d 1250.

3-7-4.1. Holders of retail Class A licenses permitted to conduct wine, beer, and distilled spirit samplings inside licensed premises.

Any holder of a Class A retail license shall be permitted to conduct at no charge to the consumer, inside the premises of the licensee, sample tastings of wine (under 13% alcohol by volume), beer (under 5.5% alcohol by volume), and distilled spirits available for purchase from the licensee’s outlet. These samples shall not exceed one-ounce servings of each wine, the number of wines being limited to no more than four (4) products at any one tasting; and one-ounce servings of each beer, with the number of beer samplings being limited to two (2) products at any one tasting; and one-quarter-ounce servings (1/4 oz.) of each distilled spirit, the number of distilled spirits being limited to no more than two (2) products at any one tasting. Furthermore, wine, beer, and distilled spirits samplings may not be conducted simultaneously on the same Class A licensed premise. Each consumer shall be limited to no more than one sample tasting of each product. The licensee may elect, once during the month of March, and once during the month of November only, to serve unlimited samples of wine products available for purchase from the licensee’s outlet.

It shall be required that the licensee provide, at no charge to the consumer, food samplings to be included with the tasting of all wine and beer. Those food samplings not consumed during the tasting shall not thereafter be offered for sale.

The licensee shall control, without wholesaler or supplier participation, the dispensing of all samples to prospective customers. The licensee may not hold more than ten (10) tasting events in any thirty-day (30) period. It shall be required that the licensee provide to the dispenser(s) of said wine and beer samples, training in the service of alcoholic beverages by a recognized training provider of alcoholic beverage service.

Sampling events may not be promoted except on the licensed premises. It shall be unlawful for any wholesaler, manufacturer, supplier, or any other person or entity to participate or provide anything or any service of value on account of or in conjunction with any such sampling. It shall be unlawful for any tasting, or combination of tastings, to exceed more than four (4) hours from start to finish and must be conducted during the normal hours of business.

History of Section. P.L. 2003, ch. 224, § 1; P.L. 2003, ch. 384, § 1; P.L. 2006, ch. 367, § 1; P.L. 2006, ch. 467, § 1; P.L. 2013, ch. 460, § 1; P.L. 2013, ch. 466, § 1; P.L. 2016, ch. 20, § 1; P.L. 2016, ch. 22, § 1; P.L. 2017, ch. 177, § 1; P.L. 2017, ch. 384, § 1.

Compiler’s Notes.

P.L. 2016, ch. 20, § 1, and P.L. 2016, ch. 22, § 1 enacted identical amendments to this section.

This section was amended by two acts (P.L. 2017, ch. 177, § 1; P.L. 2017, ch. 384, § 1) passed by the 2017 General Assembly, both of which amended the last sentence of the first paragraph. The section is set out above as amended by P.L. 2017, ch. 384, which was passed by the General Assembly on September 19, 2017. P.L. 2017, ch. 177, which was passed by the General Assembly on June 30, 2017, had amended the last sentence of the first paragraph to read: “The licensee may elect, between May 1st through May 15th of each calendar year and once during the month of November only, to serve unlimited samples of wine products available for purchase from the licensee’s outlet.”

3-7-5. Class A license issued to Class E licensee.

It is permissible for the holder of a retailer’s Class E license to hold a retailer’s Class A license. No Class A license shall be granted to a holder of a Class E license unless the holder of a Class E license maintains, operates, manages, or conducts a drugstore. The drugstore shall be operated as a self-contained and independent establishment and shall not be located in, or be operated as, a part of any market, department store, or hardware store. For a Class A license as described, the holder of a Class E license shall pay the regular annual license fee and have the full privilege of a Class A license. Provided, however, the licensing authority for the city of Providence may relieve the holder of a Class E license from the requirement to maintain, operate, manage, or conduct a drugstore as a condition of the continued holding of a Class A license, issued to or renewed by said licensee.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1949, ch. 2373, § 2; G.L. 1956, § 3-7-5 ; P.L. 2014, ch. 17, § 1; P.L. 2014, ch. 18, § 1.

NOTES TO DECISIONS

Constitutionality.

Legislative discrimination allowing persons entitled to sell medicines and poisons to sell alcoholic beverages at retail in sealed packages in the same store as other merchandise for consumption outside the premises, while prohibiting such sales in the case of certain other sellers, was not violative of the equal protection clause of the Fourteenth Amendment of the United States Constitution since such persons are strictly regulated and licensed. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Provision for issuance of Class A liquor license to holders of Class E licenses did not violate Fourteenth Amendment of United States Constitution or former R.I. Const., Art. II, § 2 or Art. IV, § 1 (see now R.I. Const., Art. I, Sec. 2 or Art. VI, Sec. 1), as such provision was a reasonable classification within the police power of state over the liquor traffic. Romano v. Daneker, 77 R.I. 61 , 73 A.2d 236, 1950 R.I. LEXIS 38 (1950).

Construction With Other Sections.

Any inconsistency between provisions of the 1949 amendment to this section and the 1946 amendment to § 3-7-4 relative to issuance of Class A licenses was immaterial, since the 1949 law, being later in time, would prevail. Romano v. Daneker, 77 R.I. 61 , 73 A.2d 236, 1950 R.I. LEXIS 38 (1950).

Any inconsistency between provisions of the 1949 amendment to this section and the 1941 amendment to § 3-5-16 relative to issuance of Class A licenses was immaterial since the 1949 law, being later in time, would prevail. Romano v. Daneker, 77 R.I. 61 , 73 A.2d 236, 1950 R.I. LEXIS 38 (1950).

License Quotas.

The legislature intended that the holder of a Class E license could obtain a Class A license notwithstanding the fixed quota therefor in any city or town. Romano v. Daneker, 78 R.I. 79 , 79 A.2d 175, 1951 R.I. LEXIS 38 (1951).

Transfer of Licenses.

Class A license issued to holder of Class E license could not be transferred to one who neither conducted a drugstore nor held a druggist’s Class E license. Romano v. Daneker, 78 R.I. 79 , 79 A.2d 175, 1951 R.I. LEXIS 38 (1951).

Collateral References.

Validity of statute or ordinance prohibiting sale of intoxicating liquor in stores mainly devoted to sale of other commodities. 113 A.L.R. 1392.

3-7-6. Renewal of Class A, Class B, Class C, Class D, Class E, and Class J licenses.

The holder of a Class A, Class B, Class C, Class D, Class E, or Class J license who applies before October 1 in any licensing period for a license of the same class for the next succeeding licensing period is prima facie entitled to renewal to the extent that the license is issuable under § 3-5-16 . This application may be rejected for cause, subject to appeal as provided in § 3-7-21 . A person whose application has been rejected by the local licensing authorities shall, for the purpose of license quotas under § 3-5-16 , be deemed to have been granted a license until the period for an appeal has expired or until his or her appeal has been dismissed. The license holder may be required to pay a twenty-five dollar ($25.00) fee upon application of renewal, at the option of local licensing authorities. This fee shall be used by the local licensing authority for advertising and administrative costs related to processing the renewal application.

History of Section. G.L., ch. 164, § 10; P.L. 1941, ch. 1038, § 3; P.L. 1961, ch. 164, § 1; P.L. 1976, ch. 240, § 1; P.L. 1985, ch. 178, § 1; P.L. 1987, ch. 274, § 1.

NOTES TO DECISIONS

Constitutionality.

This section is not unconstitutionally vague due to the specificity supplied by judicial interpretation in Chernov Enters., Inc. v. Sarkas, 109 R.I. 283 , 284 A.2d 61 (1971). A.J.C. Enters. v. Pastore, 473 A.2d 269, 1984 R.I. LEXIS 459 (R.I. 1984).

Discretion of Board.

In establishing “cause” as the controlling standard for administrative actions, the legislature did not intend to confer upon the licensing authority a limitless control or to permit the exercise of an unbridled discretion in revoking or suspending a license. Chernov Enters. v. Sarkas, 109 R.I. 283 , 284 A.2d 61, 1971 R.I. LEXIS 1055 (1971).

Grounds for Rejection.

Where the record reveals that the state liquor control administrator found that fistfights with attendant injuries occurred on the premises of licensed establishment, that patrons congregated on the sidewalks in front of the premises, that there were numerous bottle-throwing incidents on the premises, and that the owners had been warned by the police that failure to control such conduct could lead to disciplinary action, the evidence was sufficient to sustain the administrator’s finding of a violation of § 3-5-23 and the subsequent denial of petitioner’s application for the renewal of the liquor license. Mathieu v. Board of License Comm'rs, 115 R.I. 303 , 343 A.2d 1, 1975 R.I. LEXIS 1152 (1975).

A direct causational link sufficient to support a finding that disorderly incidents or disturbances occurring outside of a licensee’s premises had generated from within the premises so as to establish sufficient cause for nonrenewal of a liquor license is established when it can be reasonably inferred from the evidence presented that the disorderly incidents occurred just outside a licensee’s premises and had their genesis within. Edge-January, Inc. v. Pastore, 430 A.2d 1063, 1981 R.I. LEXIS 1172 (R.I. 1981).

Improper Denial of License Renewal.

This section does not permit a town to deny a license renewal on the ground that a restaurant owner does not have an occupancy permit, where such a permit is not immediately available because the town obstructs the owner’s efforts to demolish and reconstruct his restaurant pursuant to a condemnation order issued by the state. De Falco v. Voccola, 557 A.2d 474, 1989 R.I. LEXIS 66 (R.I. 1989).

Nature of Proceeding.

A proceeding under the laws regulating the sale of alcoholic beverages is entirely separate and distinct from a criminal prosecution for the same offense and the two proceedings are coexistent, one in nature of an action in rem, the other being against the licensee personally, and may be instituted and pursued simultaneously or otherwise. Chernov Enters. v. Sarkas, 109 R.I. 283 , 284 A.2d 61, 1971 R.I. LEXIS 1055 (1971).

Receivers.

A receiver applying for renewal of a license succeeds only to the debtor’s rights and a decree of the superior court enjoining the holding of a hearing on such application and ordering the town council to show cause why such license should not be renewed prior to a decision by such council after the scheduled hearing was premature. Vitterito v. Sportsman's Lodge & Restaurant, 102 R.I. 72 , 228 A.2d 119, 1967 R.I. LEXIS 647 (1967).

Rights of Applicant.

By the provisions of this section, the legislature has recognized that a license, while it may not be property in the strict legal sense, has some of the aspects of a property right and an applicant for transfer of a license who has expeditiously pursued his request is still entitled to be heard thereon even though the license year in which he applied has expired. Beacon Restaurant v. Adamo, 103 R.I. 698 , 241 A.2d 291, 1968 R.I. LEXIS 851 (1968).

3-7-6.1. Renewal of Class B, Class C, Class D, Class J, Class N and Class P licenses.

  1. The holder of a Class B, Class C, Class D, Class J, Class N or Class P license who applies before October 1, in any licensing period, for a license of the same class for the next succeeding licensing period shall, prior to filing said application, demonstrate that he or she has complied with the alcohol server training regulations, as promulgated by the department of business regulation, as set forth in subsection (b) of this section.
  2. The department of business regulation shall promulgate rules and regulations requiring that all licenses issued pursuant to this section meet the following minimum alcohol server training regulations, requirements:
    1. All persons who sell or serve alcoholic beverages; anyone serving in a supervisory capacity over those who sell or serve alcoholic beverages; anyone whose job description entails the checking of identification for the purchase of alcoholic beverages; and valet parking staff shall receive alcohol server training regulations, as set forth herein;
    2. Any eligible employee of a licensee shall be required to complete certified training within sixty (60) days of the commencement of his or her employment and must attain a minimum score of seventy-five percent (75%). Provided, however, that the city of Pawtucket and the town of Smithfield may require eligible employees to complete the certified training program, prior to employment within the city or town. Individuals certified by an alcohol server training program prior to December 31, 2005, are exempt from the certification requirements herein, not to exceed three (3) years;
    3. Licensees shall require servers to be recertified every three (3) years;
    4. As a condition of license renewal, and as part of the license renewal application, each licensee must submit to their municipality information verifying that all persons listed under subsection (b)(1) of this section and employed by the licensee for more than sixty (60) days in the past year have completed a certified program within the last three (3) years;
    5. All persons identified under subsection (b) of this section must have their valid server permits on the premises when engaged in the sale or service of alcoholic beverages; and
    6. Individuals who have been issued a server permit in another jurisdiction by an approved Rhode Island alcohol server training program shall be determined to be in compliance with this section subject to the three-year (3) limitation contained herein.
  3. Only alcohol server training programs that meet the following criteria as determined by the department of business regulation may be eligible for certification:
    1. Training is provided in all basic information relevant to servers, including, but not limited to:
      1. The physiological effects of alcohol;
      2. Alcohol’s association with social problems;
      3. Coverage of legal requirements related to alcohol service;
      4. How to identify patrons who are impaired; and
      5. Techniques in refusing service to intoxicated patrons.
    2. Training is provided in more than one medium including, but not limited to, video, training manual, and/or role playing related to refusal of service to intoxicated drinkers;
    3. Training in preventing sales to underage drinkers, including training in detection of fraudulent identification; and
    4. Training shall entail no less than two (2) hours, and no greater than four (4) hours in duration, with no absentee certification.
  4. Notwithstanding the criteria established under subsection (c) of this section, an internet- or computer-based alcohol server training program shall be eligible for certification if the following criteria are met:
    1. Training in all basic information, as outlined in subsection (c)(1) of this section, is included in the program;
    2. Training in preventing sales to underage drinkers, including training in detection of fraudulent identification, is included in the program; and
    3. Training program is designed to periodically verify that a trainee has reviewed and obtained a working knowledge of information presented through the internet or computer training program.
    1. Testing procedures, test content, and grading procedures shall be approved by the department of business regulation to ensure testing integrity and consistency with program requirements contained in subsection (c) herein. The department of business regulation is authorized to audit, in a method it shall determine, any approved server training program;
    2. Training programs, pursuant to rules and regulations promulgated by the department of business regulation, shall be recertified every three (3) years; and
    3. Server permits shall be issued by the server training programs in a form approved by the department of business regulation. Said permits shall include, at a minimum, the name of the server, the date of issuance, and the name of the server training program.
  5. The department of business regulation shall promulgate and enforce rules and regulations for noncompliance as follows:
    1. Graduated penalties for licensees for violations within a three-year (3) period beginning with an initial written warning for violations within a three-year (3) period for a first violation; a written warning for a second violation; a fine not to exceed two hundred fifty dollars ($250) for a third violation or noncompliance; and a license suspension for subsequent violations;
    2. For violations within a three-year (3) period, graduated penalties for training programs beginning with an initial written warning, a written warning for a second (2nd) violation, and a suspension and/or decertification for a third (3rd) violation or for repeated noncompliance;
    3. For violations within a three-year (3) period, graduated penalties for servers beginning with an initial written warning; a written warning for a second violation, and a loss of server training certification for a third violation or noncompliance; and
    4. Failure to have a valid server permit on their person shall not constitute a violation, provided, proof of a valid permit is provided within ten (10) days thereof.
  6. In order to provide for uniformity, any enactment by any government body relating to alcohol server training programs pertaining to Class B, Class C, Class D, Class J, Class N, and Class P licenses, as provided for herein shall be by statute as enacted by the general assembly.
  7. The respective departments shall promulgate said regulations no later than October 1, 2005. The department of business regulation shall review and certify eligible alcohol server training programs no later than January 1, 2006. The department of business regulation shall notify applicants of any deficiencies not later than December 1, 2005. All licensees shall be in compliance with said regulations within ninety (90) days of January 1, 2006, or be subject to the penalties set forth herein.

History of Section. P.L. 2004, ch. 187, § 1; P.L. 2004, ch. 272, § 1; P.L. 2005, ch. 6, § 1; P.L. 2005, ch. 87, § 1; P.L. 2005, ch. 183, § 1; P.L. 2005, ch. 215, § 1; P.L. 2008, ch. 379, § 1; P.L. 2008, ch. 385, § 1; P.L. 2008, ch. 386, § 1; P.L. 2008, ch. 392, § 1; P.L. 2010, ch. 310, § 1; P.L. 2010, ch. 315, § 1; P.L. 2015, ch. 256, § 1; P.L. 2015, ch. 280, § 1; P.L. 2017, ch. 43, § 1; P.L. 2017, ch. 63, § 1.

Compiler’s Notes.

P.L. 2017, ch. 43, § 1, and P.L. 2017, ch. 63, § 1 enacted identical amendments to this section.

3-7-7. Class B license.

    1. A retailer’s Class B license is issued only to a licensed bona fide tavern keeper or victualer whose tavern or victualing house may be open for business and regularly patronized at least from nine o’clock (9:00) a.m. to seven o’clock (7:00) p.m. provided no beverage is sold or served after one o’clock (1:00) a.m., nor before six o’clock (6:00) a.m. Local licensing boards may fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town council may, in its discretion, issue full and limited Class B licenses which may not be transferred, but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland town council may, in its discretion, issue full and limited Class B licenses which may not be transferred to another person or entity, or to another location, but which shall revert to the town of Cumberland if not renewed by the holder.
    2. The license authorizes the holder to keep for sale and sell beverages including beer in cans, at retail at the place described and to deliver them for consumption on the premises or place where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge shall be posted at the entrance of the establishments in a prominent place.
      1. [Expires March 1, 2022].  A holder of a Class B license will be permitted to sell, with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-10-1 , and any other DBR regulations.
      2. [Expires March 1, 2022].  Delivery of alcoholic beverages with food from a Class B licensee is prohibited.
    3. Holders of licenses are not permitted to hold dances within the licensed premises, unless proper permits have been properly obtained from the local licensing authorities.
    4. Any holder of a Class B license may, upon the approval of the local licensing board and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open for business at twelve o’clock (12:00) p.m. and on Fridays and Saturdays and the night before legal state holidays may close at two o’clock (2:00) a.m. All requests for a two o’clock (2:00) a.m. license shall be advertised by the local licensing board in a newspaper having a circulation in the county where the establishment applying for the license is located.
    5. A holder of a retailer’s Class B license is allowed to erect signs advertising his or her business and products sold on the premises, including neon signs, and is allowed to light those signs during all lawful business hours, including Sundays and holidays.
    6. Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4 , a holder of a retail class B and/or class ED license may apply to the municipality in which the licensee is located for a permit to conduct a so-called “Lock-In Event”, under the following conditions:
      1. A “Lock-In Event” is defined as an event where a specified group of individuals are permitted to remain in a licensed premises after closing hours including, but not limited to, the hours of 1:00 a.m. to 6:00 a.m.
      2. A Lock-In Event must have the approval of the municipal licensing authority pursuant to a permit issued for each such event, subject to such conditions as may attach to the permit. The fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the municipal licensing authority and there shall be no appeal from the denial of such a permit.
      3. During the entire period of any Lock-In Event, all alcoholic beverages must be secured in place or removed from the public portion of the premises and secured to the satisfaction of the municipality issuing the Lock-In Event permit.
      4. During the Lock-In Event, the establishment shall be exclusively occupied by the Lock-In Event participants and no other patrons shall be admitted to the premises who are not participants. It shall be a condition of the permit that participants shall not be admitted more than thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.
      5. As part of the Lock-In Event, food shall be served.
      6. The municipal licensing authority may, in its sole discretion, require the presence of a police detail, for some or all of the event, and the number of officers required, if any, shall be determined by the municipality as part of the process of issuing the Lock-In Event permit. The licensee shall be solely responsible for the cost of any such required police detail.
    The Pawtucket city council may, in its discretion, issue full and limited Class B licenses which may not be transferred to another person or entity, or to another location, but which shall revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any Class B license holders whose licenses were issued by the Pawtucket city council with the right to transfer.
  1. The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400) to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred (2,500) inhabitants, as determined by the last census taken under the authority of the United States or the state, the fee for each retailer’s Class B license shall be determined by the town council, but shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his or her application, any retailer’s Class B license may be issued limiting the sale of beverages on the licensed premises to malt and vinous beverages containing not more than twenty percent (20%) alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200) to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in each case be prorated to the year ending December 1 in every calendar year.
    1. Upon the approval and designation of a district or districts within its city or town by the local licensing board, the local licensing board may issue to any holder of a Class B license or a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and Saturdays, the night before a legal state holiday or such other days as determined by the local board, for one hour past such license holder’s legal closing time as established by the license holder’s license or licenses including, but not limited to, those issued pursuant to subsection (a)(4) of this section. The extended hours permit shall not permit the sale of alcohol during the extended one-hour period and shall prohibit the admittance of new patrons in the establishment during the extended one-hour period. The designation of such district(s) shall be for a duration of not less than six (6) months. Prior to designating any such district, the local licensing authority shall hold a hearing on the proposed designation. The proposed designation shall include the boundaries of the proposed district, the applicable days for the extended hours, and the duration of the designation and the conditions imposed. The proposed designation shall be advertised at least once per week for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town. The city or town will establish an application process for an extended hours permit for such license holder and may adopt rules and regulations to administer the permit.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1939, ch. 659, § 2; P.L. 1940, ch. 814, § 1; P.L. 1941, ch. 1037, § 1; P.L. 1970, ch. 197, § 1; P.L. 1971, ch. 153, § 1; P.L. 1975, ch. 71, § 1; P.L. 1976, ch. 22, § 1; P.L. 1977, ch. 225, § 1; P.L. 1978, ch. 338, § 1; P.L. 1981, ch. 408, § 1; P.L. 1982, ch. 257, § 1; P.L. 1995, ch. 244, § 1; P.L. 1995, ch. 301, § 1; P.L. 2003, ch. 376, art. 7, § 11; P.L. 2004, ch. 237, § 1; P.L. 2004, ch. 410, § 1; P.L. 2008, ch. 17, § 1; P.L. 2008, ch. 82, § 1; P.L. 2008, ch. 269, § 1; P.L. 2008, ch. 318, § 1; P.L. 2009, ch. 357, § 1; P.L. 2014, ch. 158, § 1; P.L. 2014, ch. 171, § 1; P.L. 2021, ch. 129, § 1, effective July 2, 2021; P.L. 2021, ch. 130, § 1, effective July 2, 2021.

Compiler's Notes.

P.L. 2021, ch. 129, § 1, and P.L. 2021, ch. 130, § 1 enacted identical amendments to this section.

Sunset Provision.

P.L. 2021, ch. 129, § 3, provides: “This act shall take effect upon passage [July 2, 2021] and shall sunset on March 1, 2022.”

P.L. 2021, ch. 130, § 3, provides: “This act shall take effect upon passage [July 2, 2021] and shall sunset on March 1, 2022.”

Cross References.

Adjoining property, § 3-7-19 .

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, §§ 3-5-12 , 3-7-18 .

Chain store licenses, § 3-5-11 .

Expiration date of license, § 3-5-8 .

Licensing of taverns, §§ 5-24-1 , 45-7-6 .

Local option provisions, §§ 3-5-2 3-5-4 .

Maximum number of licenses, § 3-5-16 .

Minimum containers, § 3-5-12 .

Posting of licenses, § 3-5-18 .

Power to issue licenses, § 3-5-15 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

NOTES TO DECISIONS

Construction.

Court construed this section as it had been administratively construed, noting that over the years a Class B licensee had been permitted to provide its patrons with a variety of entertainment, including shows, performances, or exhibitions by vocalists, pianists, guitarists, musical combinations of various types, “MCs,” exotic dancers, folk singers, other kinds of singing groups, and the like, with apparently the only limitation being that the entertainment, whatever its nature, had to be incidental to the principal business of providing food and drink to patrons; that no separate charge was to be made for it; that the licensing provisions of chap. 22, title 5, were to be complied with; and that the safety and obscenity standards established by § 5-22-5 were to be satisfied. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

This section does not entitle those granted permission to remain open until 2:00 a.m. due process rights upon subsequent hearings to obtain permission to remain open until 2:00 a.m. 28 Prospect Hill St., Inc. v. Gaines, 461 A.2d 923, 1983 R.I. LEXIS 971 (R.I. 1983).

Admission Fee for Entertainment Prohibited.

Where petitioner, holder of a Class B retail liquor license, applied to Providence Bureau of Licenses for permission to have a “rock” music group and a singer perform at his restaurant-night club, his applications were properly denied, where it appeared that he intended to charge an admission fee to patrons for the privilege of attending the performance. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Conjunction With Victualing-House License.

Because a class-B retailer’s license and a victualing-house license are distinct, the city council may grant a victualing-house license, thereby allowing food to be prepared and consumed on the premises, while the same city council members, sitting as the board of license commissioners, may simultaneously deny the transfer or issuance of a class-B retailer’s license, thereby prohibiting alcoholic beverages from being served. El Nido, Inc. v. Goldstein, 626 A.2d 239, 1993 R.I. LEXIS 173 (R.I. 1993).

A class-B retailer’s license and a victualing-house license confer two distinct privileges on a single licensee. A victualing house may exist without a liquor license, but a drinking establishment that holds a class-B retailer’s license cannot operate without a victualing-house license. El Nido, Inc. v. Goldstein, 626 A.2d 239, 1993 R.I. LEXIS 173 (R.I. 1993).

Dance License.

That portion of this section which provides that a Class B licensee shall not be permitted to hold dances within the licensed premises, unless proper permits have been properly obtained from the local licensing authorities, does not refer to the incidental kind of entertainment which may be provided for patrons while they are dining and for which they pay no separate charge. Instead, it refers to the holding of dances to which admission can be obtained only by the payment of a separate fee or charge, and it allows that kind of dancing, even though not incidental to the principal activity of an innkeeper, to be held on the premises of a Class B licensee. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Collateral References.

Dance halls and dancing schools, prohibition against sale of liquor in. 48 A.L.R. 156; 60 A.L.R. 173.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

“Meal,” what is within contemplation of constitutional or statutory provisions relating to intoxicating liquors. 93 A.L.R. 962.

“Restaurant” or “restaurant business,” what amounts to, within intoxicating liquor law. 105 A.L.R. 566.

Sale and use of intoxicating liquors at public dance as nuisance. 44 A.L.R.2d 1401.

Validity, construction and application of statute or ordinance requiring closing, during certain hours, of places where intoxicating liquor is sold as affected by fact that such places are also used for other business. 139 A.L.R. 756.

3-7-7.1. Class B-H license.

  1. A retailer’s Class B-H license shall be issued only to a licensed hotel. The license authorizes the holder to keep for sale and sell beverages in containers of a minimum capacity of fifty milliliters (50 ml.) or one and seven tenths ounces (1.7 oz). The beverages shall be sold and served only in the room of a registered hotel guest. The beverages may be served in the hotel room at least from nine o’clock (9:00) a.m. to seven o’clock (7:00) p.m. No beverages shall be served in the hotel room after one o’clock (1:00) a.m., nor before six o’clock (6:00) a.m. The beverages may be sold only in the room of the registered hotel guest at any time.
  2. A Class B and B-H liquor license may be issued for the same licensed hotel, notwithstanding the provisions of § 3-5-9 .
  3. The annual fee for this license shall be one hundred dollars ($100) to five hundred dollars ($500.00).

History of Section. P.L. 1986, ch. 535, § 3; P.L. 1987, ch. 188, § 1; P.L. 1988, ch. 189, § 1; P.L. 2003, ch. 376, art. 7, § 11; P.L. 2004, ch. 237, § 1; P.L. 2004, ch. 410, § 1.

3-7-7.2. Manufacturer’s brewpub license — Class B-M.

  1. A manufacturer’s brewpub Class B-M license shall be issued only to a holder of a manufacturer’s license as described in § 3-6-1 . The license shall not authorize the retail sale of beverages from any location other than at the location stated in the manufacturer’s license for the manufacture of beverages.
  2. The license shall not authorize the retail sale of beverages from any location other than as provided in § 3-6-1.2 .
  3. The holder of a license issued pursuant to the provisions of this section shall not be otherwise barred from application for a Class B license, where permitted by local licensing authorities.

History of Section. P.L. 1992, ch. 472, § 2; P.L. 1997, ch. 347, § 2.

3-7-7.3. Class B licenses — Restriction on entertainment.

  1. Notwithstanding any provision of this chapter or in the Rhode Island general laws to the contrary, in the case of any city or town that issues any retailer’s Class B license, this city or town may restrict or prohibit entertainment at these licensed facilities, in accordance with objective standards adopted by the municipality and approved by the department of business regulation, provided that any standard shall be applied uniformly to all of these licensed facilities.
  2. The licensing board for the city of Providence is authorized to immediately suspend or revoke the license or exercise other remedies, in accordance with proper due process owed to the licensee, with respect to:
    1. Any Class B licensee that provides entertainment without an entertainment license issued by the city of Providence pursuant to its authority under chapter 22 of title 5; and/or
    2. Any Class B licensee that engages in activities exceeding those permitted by a Class B license, unless such licensee has obtained any additional license permitting such activities, including, but not limited to, a Class N license.

History of Section. P.L. 1993, ch. 374, § 1; P.L. 1997, ch. 9, § 1; P.L. 2002, ch. 211, § 1; P.L. 2016, ch. 384, § 2; P.L. 2016, ch. 402, § 2.

Compiler’s Notes.

P.L. 2016, ch. 384, § 2, and P.L. 2016, ch. 402, § 2 enacted identical amendments to this section.

Law Reviews.

2000 Survey of Rhode Island Law, see 6 Roger Williams U. L. Rev. 593 (2001).

NOTES TO DECISIONS

Authority of Municipality.

After the 1997 amendments to this provision became effective a town was empowered to enact an ordinance which restricted nude-dancing at establishments serving liquor, since the ordinance was virtually identical to an earlier one and since, even before the amendment, municipalities were authorized to attach reasonable conditions to the issuance of liquor licenses. El Marocco Club, Inc. v. Richardson, 746 A.2d 1228, 2000 R.I. LEXIS 42 (R.I. 2000).

A municipality’s authority to enact ordinances restricting displays of nudity stemmed from the state’s constitutional power that was delegated to the town via the 1997 amendment to § 3-7-7.3 , and from the town’s preexisting warrant under state law to place reasonable restrictions upon the issuance and maintenance of liquor licenses. El Marocco Club, Inc. v. Richardson, 746 A.2d 1228, 2000 R.I. LEXIS 42 (R.I. 2000).

3-7-7.4. Brew on premises license.

  1. A brew on premises license (BOP) authorizes the holder to provide brewing supplies and facilities to the public for the private manufacture of malt beverages on the licensed premises. The BOP license shall not authorize the sale of malt beverage to the general public on the premises nor the consumption of alcoholic beverages on the premises. The annual fee for the license shall be one thousand dollars ($1,000) for producing more than fifty thousand (50,000) gallons per year and one hundred dollars ($100) per year for producing less than fifty thousand (50,000) gallons per year, prorated to the year ending December 1 in every calendar year and paid to the director of the department of business regulation.
  2. The director of the department of business regulation, the director of the department of health, and the director of the department of environmental management may promulgate rules and regulations, not inconsistent with the purpose of this section, if in the interest of health and safety they are deemed necessary. The director of the department of business regulation shall limit to seven (7) the maximum number of operating facilities issued licenses by the department pursuant to this section.
  3. Any operating facility issued a license pursuant to this section and any individuals using the premises are subject to federal regulations including, but not limited to, 27 CFR 24.75 and 27 CFR 25.205-25.206.
  4. Any facility issued a license pursuant to this section shall, in addition to any federal regulations, comply with the following conditions:
    1. The proprietor of the facility must provide a written notice to the director of the department of business regulation before beginning business. The notice must contain the name and address of the brew on premises facility and the hours when it is open for business. The maximum hours of operation shall be Monday through Saturday, eight o’clock (8:00) a.m. through eleven o’clock (11:00) p.m. and Sunday twelve o’clock (12:00) noon through six o’clock (6:00) p.m., provided, however, bottled beer shall not be removed from the facility on Sundays, and except on Christmas, New Year’s, and Thanksgiving when the facility shall not be open. The notice must be updated in the event of any change in name, address or hours of operation;
    2. The proprietor of the brew on premises facility must keep records relating to all individuals using the facility. Information in these records must include the name, address, age, number of adults residing in the individual’s household, and the quantity of beer produced by each individual during a calendar year. These records may consist of commercial records or invoices, and must be available for inspection by any authorized investigator of this department during the business hours of the facility;
    3. The brew on premises facility shall not provide physical assistance to, or on behalf of, customers in the production or bottling of beer, but may provide advice.
      1. The following activities are examples of providing physical assistance in the production of beer:
        1. Filling of vessels with brewing ingredients;
        2. Mixing of ingredients;
        3. Movement of beer from one vessel or container to another container; and
        4. Filtering and bottling of the final product;
      2. The following activities do not constitute providing physical assistance in the production of beer:
        1. Cleaning, maintenance, and repair of brewing and bottling equipment;
        2. Maintenance of climate and temperature control;
        3. Disposal of spent grains and wastes;
        4. Quality control (including laboratory examination) of beer; and
        5. Preheating of vessels;
      1. The same individual is responsible for brewing, handling or transporting the beer produced and must be at least twenty-one (21) years of age. This individual may produce beer within the prescribed quantity of limitations, shall not transport in excess of twenty (20) gallons of beer produced, and may not sell beer produced. Production of beer for personal use may not be in violation of federal law or regulation or state law or regulation. Beer produced at a brew on premises facility may be removed only for the personal use of the brewer.
      2. The production of beer per household for personal or family use may not exceed:
        1. Two hundred (200) gallons per calendar year if there are two (2) or more adults residing in the household; or
        2. One hundred (100) gallons per calendar year if there is only one adult residing in the household;
      3. Partnerships, corporations, or associations may not use the brew on premises facility and may not produce beer for personal or family use; and
      4. Transportation of brewed beer shall be at the time of bottling. The brew on premises facility shall not allow more than twenty (20) cases (twenty-four (24) twelve (12) ounce bottles) to remain on the premises at any given time.
  5. Any violation of the provisions of this section shall be enforced in accordance with any of the appropriate enforcement provisions contained in this title.

History of Section. P.L. 1997, ch. 367, § 1.

3-7-7.5. Class B license — The Weekapaug Inn.

Notwithstanding the provisions to the contrary of § 3-7-7 or any other statute, rule, or regulation, the Westerly town council and/or the Westerly licensing board may continue to issue a Class B tavern license to “The Weekapaug Inn” during the period of its renovation when such license might otherwise lapse.

History of Section. P.L. 2009, ch. 308, § 1; P.L. 2009, ch. 309, § 1.

3-7-7.6. Casino license — Class B-C.

  1. A Class B-C license shall be issued only to a holder of a gaming and entertainment license that is authorized to operate twenty-four (24) hours a day.
  2. The license authorizes the holder to keep for sale and sell beverages, including beer in cans, at retail at the place described and to deliver them for consumption on the premises or place where sold. It also authorizes the charging of an admission to events at the gaming and entertainment facility.
  3. The license authorizes the holder to sell and serve alcoholic beverages between the hours of six o’clock (6:00) a.m. and two o’clock (2:00) a.m. on Fridays, Saturdays, and nights before federal and state legally recognized holidays. The fee for a Class B-C license shall be two thousand five hundred dollars ($2,500).
  4. The applicant for a Class B-C license shall submit the following to its host municipality:
    1. The applicant holds a valid and enforceable Class B-V license that is in good standing.
    2. The applicant is a licensed gaming and entertainment establishment that is authorized to operate twenty-four (24) hours a day.
    3. The applicant provides a twenty-four-hour (24) security plan to the chief of police or other appropriate law enforcement official for the host municipality.
    4. The security plan shall set forth a protocol for communication with the host municipality’s police department and for updating the plan, as necessary.
  5. In the event that the host municipality grants a Class B-C license, the licensee shall exchange its existing Class B-V license for the Class B-C license.
  6. Upon receipt of the proper permits from the local licensing board, holders of Class B-C licenses are permitted to have dances, entertainment, and food service within the licensed premises to be conducted during the hours permitted for sale and service of alcoholic beverages.
  7. A holder of a Class B-C license, upon approval of the department of business regulations and the local licensing board, may serve alcoholic beverages as part of an event that may not be specifically set forth in § 3-7-26(c) . The holder of the Class B-C license must secure approval for any such promotional event first from the department of business regulation liquor control administration and then from the local licensing board upon establishing a specific security protocol for the event.
  8. Notwithstanding any provisions in the department of business regulation liquor control administration regulations, rule 18, it shall be lawful for the holder of a Class B-C license to permit the consumption of alcoholic beverages at any time as long as the subject alcoholic beverage was purchased during legal service hours.
  9. To the extent that there is no conflict with the provisions of § 3-7-7 .6, the provisions of § 3-7-7 shall apply to a holder of a Class B-C license.

History of Section. P.L. 2014, ch. 501, § 1; P.L. 2014, ch. 535, § 1; P.L. 2016, ch. 512, art. 2, § 44.

Effective Dates.

P.L. 2016, ch. 512, art. 2, § 50, provides that the amendment to this section by that act takes effect on December 31, 2016.

3-7-7.7. Class B license — Smithfield.

Notwithstanding the provisions to the contrary of § 3-7-7 or any other statute, rule, or regulation, the Smithfield town council and/or the Smithfield licensing board may issue a Class B tavern license for the premises shown on the maps of the tax assessor of the town of Smithfield as Lot 7 on Plat 17.

History of Section. P.L. 2015, ch. 261, § 1.

3-7-8. Class C license.

  1. A retailer’s Class C license authorizes the holder of the license to keep for sale and to sell beverages at retail at the place described in the license and to deliver those beverages for consumption on the premises where sold. No beverages shall be sold or served after twelve o’clock (12:00) midnight nor before six o’clock (6:00) a.m., except as provided in subsection (e) herein. Local license boards in the several cities and towns may fix an earlier closing time within their discretion. The license authorizes the holder to keep for sale and sell beverages, including beer in cans, at retail at the place described in the license and to deliver those beverages for consumption on the premises.
  2. The license authorizes the holder to sell pre-packaged foods prepared off the premises with beverages but prohibits the preparation and serving of foods cooked on the premises. The holder of the license may serve with beverages, and without charge, popcorn, crackers, bread, pretzels, sausage of any type, pickles, sardines, smoked herring, lupino beans, and potato chips. No food shall be cooked on the premises but pre-packaged foods prepared and cooked off the premises and purchased by the holder from a supplier may be warmed and sold on the premises in their original packaging, and all foods shall be covered in accordance with the regulations of the state department of health. The annual fee for the license is four hundred dollars ($400) to eight hundred dollars ($800), prorated to the year ending December 1 in every calendar year.
  3. The town councils of the towns of Coventry, Scituate, and South Kingstown are authorized to prohibit by ordinance the issuance of Class C licenses. Upon prohibiting Class C licenses, the license board of the towns of Coventry, Scituate and South Kingstown shall issue Class B licenses to the holder of all Class C licenses in those towns. The Class B licenses may be issued to the holders of Class C licenses notwithstanding any requirements of § 3-7-7 . The holders of Class C licenses shall have the full privileges of a Class B license and shall pay the annual fee provided for Class B licenses.
  4. Notwithstanding any prohibitions on the preparation and serving of foods cooked on the premises contained in paragraph (b) herein, the holders of Class C licenses in the city of Newport are authorized to prepare and serve foods cooked on the premises. The holders of Class C licenses in the city of Newport shall be deemed to be victualling houses for purposes of § 3-8-1 .
  5. Any holder of a Class C license may, upon the approval of the local licensing board and for the additional payment of two hundred dollars ($200), sell or serve beverages on Fridays and Saturdays and the night before legal state holidays until one o’clock (1:00) a.m. All requests for a one o’clock (1:00) a.m. license shall be advertised, at the applicant’s expense, by the local licensing board in a newspaper with a general statewide circulation or having a general circulation in the city or town where the establishment applying for the license is located.
  6. The licensing board for the city of Providence is authorized to immediately suspend or revoke the license or exercise other remedies, in accordance with proper due process owed to the licensee, with respect to:
    1. Any Class C licensee that provides entertainment without an entertainment license issued by the city of Providence pursuant to its authority under chapter 22 of title 5; and/or
    2. Any Class C licensee that engages in activities exceeding those permitted by a Class C license, unless such licensee has obtained any additional license permitting such activities, including, but not limited to, a Class N license.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; P.L. 1936, ch. 2315, § 1; G.L. 1938, ch. 163, § 3; impl. am. P.L. 1939, ch. 660, § 180; P.L. 1955, ch. 3454, § 1; G.L. 1956, § 3-7-8 ; P.L. 1969, ch. 46, § 1; P.L. 1970, ch. 197, § 1; P.L. 1977, ch. 225, § 1; P.L. 1978, ch. 338, § 1; P.L. 1985, ch. 140, § 1; P.L. 1986, ch. 144, § 1; P.L. 1999, ch. 257, § 1; P.L. 1999, ch. 400, § 1; P.L. 1999, ch. 404, § 1; P.L. 1999, ch. 429, § 1; P.L. 2003, ch. 376, art. 7, § 11; P.L. 2006, ch. 15, § 1; P.L. 2013, ch. 470, § 1; P.L. 2016, ch. 384, § 2; P.L. 2016, ch. 402, § 2.

Compiler’s Notes.

P.L. 2016, ch. 384, § 2, and P.L. 2016, ch. 402, § 2 enacted identical amendments to this section.

Cross References.

Adjoining property, § 3-7-19 .

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, §§ 3-5-12 , 3-7-18 .

Chain store licenses, § 3-5-11 .

Expiration date of license, § 3-5-8 .

Local option provisions, §§ 3-5-2 3-5-4 .

Maximum number of licenses, § 3-5-16 .

Minimum containers, § 3-5-12 .

Posting of licenses, § 3-5-18 .

Power to issue licenses, § 3-5-15 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

NOTES TO DECISIONS

Construction.

A retailer’s Class C license — commonly known as a saloon-keeper’s license — authorizes the selling of alcoholic beverages at retail for consumption upon the premises and permits the serving without specific charge therefor of such things as popcorn, crackers, pretzels, sausages, pickles, potato chips, etc. Specifically forbidden is the cooking of any foods upon the premises, although pre-packaged food cooked and prepared off the premises may be warmed and sold on the premises. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Entertainment Prohibited.

This section contains no reference authorizing entertainment of any kind to be held on the premises. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-7-9. Repealed.

History of Section. P.L. 1933, ch. 2013, § 27; P.L. 1934, ch. 2088, § 7; G.L. 1938, ch. 163, § 8; G.L. 1956, § 3-7-9 ); Repealed by P.L. 1980, ch. 251, § 1.

Compiler’s Notes.

Former § 3-7-9 concerned Class C premises to be constructed so as to allow an unobstructed view from the outside.

3-7-10. Doors from Class C licensed premises to other structures — Sale to unlicensed dealer or house of ill fame.

If at the time of or after the issue of any Class C license, the place licensed shall have an opening from within the licensed place into any other part of the same structure or into any adjoining structure, the license shall be void. A sale, by any person holding any class of license under the provisions of this title, of any beverage to an unlicensed dealer in any beverage or to any owner or keeper of any house of ill fame, with reason to believe that the beverage is to be resold, shall be sufficient cause for the revocation of the license. The holder shall be fined not more than one hundred dollars ($100) or imprisoned not more than thirty (30) days, or both. Any person whose license is revoked is disqualified from holding any license of any kind under the provisions of this title for the period of five (5) years following the date of the revocation.

History of Section. P.L. 1933, ch. 2013, § 26; G.L. 1938, ch. 163, § 11; P.L. 1940, ch. 814, § 6; impl. am. P.L. 1952, ch. 3004, § 1; G.L. 1956, § 3-7-10 .

NOTES TO DECISIONS

Revocation.

Liquor control administrator had power and jurisdiction to initiate a hearing on his own motion to revoke a Class A retail license for violation of this section in selling alcoholic beverages to an unlicensed dealer. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

Liquor control administrator’s revocation of Class A liquor license for violation of this section in sale of alcoholic beverages to unlicensed dealers was reversed for failure to find that licensee had reason to believe beverages would be resold, but without prejudice to power of administrator to institute new proceedings on same conduct. Belconis v. Brewster, 65 R.I. 279 , 14 A.2d 701, 1940 R.I. LEXIS 124 (1940).

3-7-11. Class D license.

A retailer’s Class D license shall be issued only to a club or to any corporation organized prior to the year 1900 for purposes similar to those set forth in chapter 6 of title 7, and which has held a Class D license for at least ten (10) consecutive years prior to July 1, 1993, and authorizes the holder of the license to keep for sale and to sell beverages at the place described at retail and to deliver those beverages for consumption on the premises where sold. The license authorizes the holder of the license to keep for sale and sell beverages, including beer in cans, at retail at the place described and to deliver those beverages for consumption on the premises. If a club is not the owner or, for the period of two (2) years before the filing of its application for a license, the lessee of the premises where its principal activities are carried on or of kitchen and dining room equipment in the club premises reasonably adequate to supply its members and guests with food, then the license shall authorize the holder of the license to keep for sale and sell malt and vinous beverages, but not beverages consisting in whole or in part of alcohol produced by distillation. Notwithstanding the provisions of this section, with the written permission of the local authority, the licensee may supply food and beverage to the public for consumption on the premises at times determined by the holder of the license. The annual fee for the license to sell beverages shall be not more than eight hundred dollars ($800) and for the license to sell malt and vinous beverages only shall be not more than four hundred dollars ($400), in each case prorated to the year ending December 1 in every calendar year determined by each local municipality; provided, further, a municipality may establish separate and lower annual fees for Class D licenses for veterans’ halls with a capacity of not more than one hundred (100) persons.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-7-11 ; P.L. 1967, ch. 188, § 1; P.L. 1970, ch. 197, § 1; P.L. 1977, ch. 225, § 1; P.L. 1978, ch. 338, § 1; P.L. 1985, ch. 140, § 1; P.L. 1986, ch. 147, § 1; P.L. 2002, ch. 128, § 1; P.L. 2002, ch. 325, § 1; P.L. 2002, ch. 393, § 1; P.L. 2003, ch. 376, art. 7, § 11; P.L. 2004, ch. 536, § 1; P.L. 2006, ch. 17, § 1.

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, §§ 3-5-12 , 3-7-18 .

Chain store licenses, § 3-5-11 .

Club or association, unlawful sale of beverages by, penalty, § 11-30-10 .

Expiration date of license, § 3-5-8 .

Local option provisions, §§ 3-5-2 3-5-4 .

Maximum number of licenses, § 3-5-16 .

Minimum containers, § 3-5-12 .

Posting of licenses, § 3-5-18 .

Power to issue licenses, § 3-5-15 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

NOTES TO DECISIONS

Construction.

A Class D or club license authorizes the holder to keep for sale and to sell alcoholic beverages at retail and to deliver the same for consumption on the premises where sold. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Entertainment Prohibited.

This section contains no reference authorizing entertainment of any kind to be held on the premises. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Failure to Establish Compliance With Chapter.

Where petitioner, in applying as a bona fide club for a Class D liquor license, failed to establish that it was such a club and that it was being operated in compliance with its by-laws and the provisions of this chapter, refusal of its application was justified. Portuguese-American Indep. Social Club v. Costello, 63 R.I. 4 , 6 A.2d 717, 1939 R.I. LEXIS 54 (1939).

Collateral References.

Criminal responsibility of club authorized generally to sell intoxicating liquor for particular illegal sale thereof by employee or agent. 139 A.L.R. 306.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

“Meal,” what is within contemplation of constitutional or statutory provisions relating to intoxicating liquors. 93 A.L.R. 962.

Sale at retail, sale by club as within taxing statute or ordinance. 139 A.L.R. 391.

3-7-11.1. Golf courses — Sale of alcoholic beverages.

  1. Notwithstanding the provisions of § 3-7-11 , a club possessing a Class D or B-V (a class B license holder operating as a victualer) license and operating a golf course may, in addition to the place described in such license, be authorized to sell alcoholic beverages to its members and guests from mobile wagons or carts for consumption on the golf course; provided that all such sales must be made within the confines of the golf course.
  2. If the golf course shall be located in more than one contiguous city or town, then the other city or town, i.e. other than the one issuing the Class D or B-V license, may, upon application by the golf club, issue a Class D or B-V ancillary license, which shall permit sales from mobile wagons or carts upon that portion of the golf course located within the other city or town. Any violation of the provisions of title 3 will be prosecuted in the city or town where the violation occurred. The annual fee for such ancillary license shall be not more than four hundred dollars ($400) prorated to the year ending December 1 in every calendar year determined by each local municipality.

History of Section. P.L. 2005, ch. 190, § 1; P.L. 2005, ch. 210, § 1.

3-7-12. Information as to club affairs.

Every club on demand of the department shall file with it a list of the names and addresses of its members, directors, officers, agents and employees and any other information with respect to its affairs that the department shall require.

History of Section. P.L. 1933, ch. 2013, § 50; G.L. 1938, ch. 164, § 13; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-7-12 .

3-7-13. Class E license.

A retailer’s Class E license authorizes a person entitled to retail, compound, and dispense medicines and poisons to keep for sale and to sell at the place described in the license, beverages not to exceed one quart each for medicinal purposes and only upon the prescription of a licensed practicing physician. The license shall not authorize the doing of any act in violation of any law of the United States. The annual fee for the license is ten dollars ($10.00) to two hundred dollars ($200).

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1949, ch. 2373, § 2; G.L. 1956, § 3-7-13 ; P.L. 2003, ch. 376, art. 7, § 11; P.L. 2004, ch. 237, § 1; P.L. 2004, ch. 410, § 1.

Cross References.

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, §§ 3-5-12 , 3-7-18 .

Class A retailer’s license, § 3-7-5 .

Consumption on premises prohibited, § 3-5-13 .

Expiration date of license, § 3-5-8 .

Licensing of pharmacies, § 5-19.1-1 et seq.

Local option provisions, § 3-5-2 et seq.

Maximum number of licenses, § 3-5-16 .

Posting of licenses, § 3-5-18 .

Power to issue licenses, § 3-5-15 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, § 3-5-21 et seq.

Veteran’s certificate, renewal on discharge, § 30-20-1 .

NOTES TO DECISIONS

Constitutionality.

Legislative discrimination allowing persons entitled to sell medicines and poisons to sell alcoholic beverages at retail in sealed packages in the same store as other merchandise for consumption outside the premises, while prohibiting it in the case of certain other sellers, was not violative of the equal protection clause of the Fourteenth Amendment of the United States Constitution since such persons are strictly regulated and licensed. C. Tisdall Co. v. Board of Aldermen, 57 R.I. 96 , 188 A. 648, 1936 R.I. LEXIS 70 (1936).

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

Medical purposes, forbidding prescription, or restricting amount of liquor for. 49 A.L.R. 588.

3-7-14. Class F license.

  1. A retailer’s Class F license authorizes the holder of the license to keep for sale and to sell malt and vinous beverages on the premises, described in the license, at retail for consumption on the premises where sold for a period of nineteen (19) hours, including Sunday. The license may be issued to religious organizations, state corporations, limited-liability companies (LLCs), sole proprietorships, and political organizations only and the sale of malt and vinous beverages may take place between the hours of six o’clock (6:00) a.m. and one o’clock (1:00) a.m. on the following day, provided that no more than twelve (12) licenses shall be issued to any organization, corporation, LLC, sole proprietorship, or political organization in any one calendar year; and provided further that, as to each such entity, this limit of twelve (12) licenses per calendar year shall apply collectively to the entity and its officers, directors, principals, affiliates, employees, and agents. Class F licenses shall not be granted to any person or entity holding any other liquor license. The fee for each retailer’s Class F license is fifteen dollars ($15.00).
  2. The issuing authority may, in its discretion, permit applicants to file a single annual application for issuance of up to twelve (12) event licenses for a calendar year and the authority may issue the licenses concurrently; provided that, each event license shall state the specific event date with which it is associated; and provided further that, the applicant shall pay the collective amount of the event license fees, fifteen dollars ($15.00) multiplied by the number of licenses issued, at the time of issuance.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-7-14 ; P.L. 1975, ch. 113, § 1; P.L. 1983, ch. 309, § 1; P.L. 2019, ch. 102, § 1; P.L. 2019, ch. 135, § 1.

Compiler’s Notes.

P.L. 2019, ch. 102, § 1, and P.L. 2019, ch. 135, § 1 enacted identical amendments to this section.

Cross References.

Beverages salable, §§ 3-5-12 , 3-7-18 .

Chain store licenses, § 3-5-11 .

Local option provisions, §§ 3-5-2 3-5-4 .

Maximum number of licenses, § 3-5-16 .

Posting of licenses, § 3-5-18 .

Power to issue licenses, § 3-5-15 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-7-14.1. Class F-1 license.

  1. A retailer’s Class F-1 license authorizes the holder of the license to keep for sale and to sell alcoholic beverages on the premises, described in the license, at retail for consumption on the premises where sold for a period of nineteen (19) hours, including Sunday. The license may be issued to religious organizations, state corporations, limited-liability companies (LLCs), sole proprietorships, and political organizations only and the sale of beverages may take place between the hours of six o’clock (6:00) a.m. and one o’clock (1:00) a.m. on the following day; provided that, no more than twelve (12) licenses shall be issued to any organization, corporation, LLC, sole proprietorship, or political organization in any one calendar year; and provided further, that as to each such entity, this limit of twelve (12) licenses per calendar year shall apply collectively to the entity and its officers, directors, principals, affiliates, employees, and agents. Class F-1 licenses shall not be granted to any person or entity holding any other liquor license.
  2. The fee for the license is thirty-five dollars ($35.00.)
  3. The issuing authority may, in its discretion, permit applicants to file a single annual application for issuance of up to twelve (12) event licenses for a calendar year and the authority may issue the licenses concurrently; provided that, each event license shall state the specific event date with which it is associated; and provided further that, the applicant shall pay the collective amount of the event license fees, thirty-five dollars ($35.00) multiplied by the number of licenses issued, at the time of issuance.
  4. Class F and F-1 license holders shall purchase alcohol for resale from Class A license holders only.

History of Section. G.L., § 3-7-14.1 ; P.L. 1975, ch. 113, § 2; P.L. 1983, ch. 309, § 1; P.L. 2019, ch. 102, § 1; P.L. 2019, ch. 135, § 1.

Compiler’s Notes.

P.L. 2019, ch. 102, § 1, and P.L. 2019, ch. 135, § 1 enacted identical amendments to this section.

3-7-14.2. Class P licenses — Caterers.

  1. A caterer licensed by the department of health and the division of taxation shall be eligible to apply for a Class P license from the department of business regulation. The department of business regulation is authorized to issue all caterers’ licenses. The license will be valid throughout this state as a state license and no further license will be required or tax imposed by any city or town upon this alcoholic beverage privilege. Each caterer to which the license is issued shall pay to the department of business regulation an annual fee of five hundred dollars ($500) for the license, and one dollar ($1.00) for each duplicate of the license, which fees are paid into the state treasury. The department is authorized to promulgate rules and regulations for implementation of this license. In promulgating said rules, the department shall include, but is not limited to, the following standards:
    1. Proper identification will be required for individuals who look thirty (30) years old or younger and who are ordering alcoholic beverages;
    2. Only valid ID’s as defined by these titles are acceptable;
    3. An individual may not be served more than two (2) drinks at a time;
    4. Licensee’s, their agents, or employees will not serve visibly intoxicated individuals;
    5. Licensee’s may only serve alcoholic beverages for no more than a five (5) hour period per event;
    6. Only a licensee, or its employees, may serve alcoholic beverages at the event;
    7. The licensee will deliver and remove alcoholic beverages to the event; and
    8. No shots or triple alcoholic drinks will be served.
  2. Any bartender employed by the licensee shall be certified by a nationally recognized alcohol beverage server training program.
  3. The licensee shall purchase at retail all alcoholic beverages from a licensed Class A alcohol retail establishment located in the state, provided, however, any licensee who also holds a Class T license, issued pursuant to the provisions of § 3-7-7 , shall be allowed to purchase alcoholic beverages at wholesale. Any person violating this section shall be fined five hundred dollars ($500) for this violation and shall be subject to license revocation. The provisions of this section shall be enforced in accordance with this title.
  4. Violation of subsection (a) of this section is punishable upon conviction by a fine of not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the department of business regulation.

History of Section. P.L. 1997, ch. 374, § 1; P.L. 2003, ch. 241, § 1; P.L. 2003, ch. 366, § 1; P.L. 2007, ch. 242, § 1.

3-7-14.3. Class F-2 license.

  1. A retailer’s license, class F-2, shall authorize the holder to keep for sale by auction alcoholic beverages on the premises or by televised auction for a specifically designated period, not to exceed three (3) days.
  2. The license may be issued to religious organizations, Rhode Island non-business corporations, public corporations, and political organizations only. The city or town clerk of a municipality in which a full time licensing board does not exist shall be authorized to issue this license.
  3. The fee for the license shall be thirty-five dollars ($35.00).

History of Section. P.L. 1998, ch. 3, § 1.

3-7-15. Class G license.

  1. A Class G retailer’s license shall be issued only to any dining car company, sleeping car company, parlor car company, and railroad company operating in this state, or any company operating passenger-carrying marine vessels in this state, or any airline operating in this state, and authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping cars, buffet cars, club cars, lounge cars and any other cars used for the transportation or accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any airplane, beverages for consumption therein or thereon, but only when actually en route.
  2. In addition, the holder of the Class G license for a passenger-carrying marine vessel may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes prior to the scheduled departure and until departure, provided that the local licensing board annually consents.
  3. Each company or airline to which the license is issued shall pay to the department an annual fee of two hundred fifty dollars ($250) for the license, paid into the state treasury.
  4. The license expires one year from its date and is good throughout the state as a state license, and only one license is required for all cars or airplanes, but a license issued to any company or person operating passenger-carrying marine vessels in this state shall authorize the sale of beverages only in the passenger-carrying marine vessel designated and no further license shall be required or tax levied by any city or town for the privilege of selling beverages for consumption in those cars or on those vessels or in those airplanes. Each licensed dining car company, sleeping car company, and railroad car company shall keep a duplicate of the license posted in each car where beverages are sold. The department shall issue duplicates of the license from time to time upon the request of any licensed company.
  5. In addition, the holder of the Class G license for a railroad company may serve alcoholic beverages at retail aboard its trains or in its controlled station premises, to ticket holding passengers, during the period sixty (60) minutes prior to the train’s scheduled departure and until that departure, provided that the local licensing board annually consents.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; P.L. 1937, ch 2525, § 1; G.L. 1938, ch. 163, § 3; P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-7-15 ; P.L. 1960, ch. 75, § 2; P.L. 1986, ch. 535, § 2; P.L. 1994, ch. 39, § 1; P.L. 2004, ch. 595, art. 30, § 2; P.L. 2018, ch. 176, § 4; P.L. 2018, ch. 289, § 4; P.L. 2018, ch. 339, § 1; P.L. 2018, ch. 341, § 1.

Compiler’s Notes.

This section was amended by four acts (P.L. 2018, ch. 176, § 4; P.L. 2018, ch. 289, § 4; P.L. 2018, ch. 339, § 1; P.L. 2018, ch. 341, § 1) as passed by the 2018 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

P.L. 2018, ch. 176, § 4, and P.L. 2018, ch. 289, § 4 enacted identical amendments to this section.

P.L. 2018, ch. 339, § 1, and P.L. 2018, ch. 341, § 1 enacted identical amendments to this section.

Cross References.

Beverages salable, § 3-5-12 .

Posting of licenses, § 3-5-18 .

Power to issue license, § 3-5-14 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-7-15.1. Class GD license.

  1. A retailer’s Class GD license, upon application, shall be issued only to an operator of a vessel engaged in regular interstate commerce, providing overnight accommodations for passengers.
  2. The holder of a Class GD license is permitted to keep for sale and to serve alcoholic beverages to passengers traveling on board the vessel while the vessel is docked at any port in this state.
  3. The Class GD license is good throughout this state as a state license and no further license is required or tax imposed by any city or town upon this privilege.
  4. All licenses issued shall include the name of the vessel licensed and shall be posted on board the vessel.
  5. The fee for the Class GD license is the sum of one hundred dollars ($100) and the term is for one year.
  6. The Class GD license shall not authorize the sale of alcoholic beverages on board the vessel for more than seventy-two (72) consecutive hours in any one port in this state and not more than one seventy-two (72) hour period within any calendar week in any one port in this state.
  7. A Class G and GD liquor license may be issued for the same vessel, notwithstanding the provisions of § 3-5-9 .

History of Section. P.L. 1986, ch. 540, § 1; P.L. 1987, ch. 187, § 1.

3-7-16. Class J convention hall license.

  1. A retailer’s Class J license authorizes the holder of the license to keep for sale and to sell beverages at retail in the place described in the license and to deliver the beverages for consumption on the premises where sold at the times when conventions as defined in subsection (b) may be held on those premises. The licensed premises may be open for business on convention days between the hours of eleven o’clock (11:00) a.m. and one o’clock (1:00) a.m. The licensed premises may contain a bar. No Class J license shall be issued or held unless the licensee has adequate facilities to accommodate five hundred (500) or more persons, at tables, at one time. Part of the licensed premises may be set apart as a kitchen and food may be served if the licensee is the holder of a victualing license from the town or city in which the licensed premises are situated. The Class J license authorizes entertainment only in conformity with ordinances of the city or town where the facility is located on the licensed premises. Class J licenses shall only be issued by the local licensing authority. The annual fee for a Class J license is the same as a Class B license in that city or town and is payable to the town or city where the licensed premises are located.
  2. The word “convention” is defined to include conventions, banquets, political rallies, trade shows, exhibitions, charity balls and other similar gatherings in conformity with ordinances of the city or town where the facility is located, which are held primarily for persons over eighteen (18) years of age.
  3. A Class F and F1 liquor license may be issued on a Class J premises, notwithstanding the provisions of § 3-5-9 .

History of Section. G.L., ch. 163, § 3; P.L. 1940, ch. 814, § 2; P.L. 1976, ch. 241, § 2; P.L. 1983, ch. 323, § 1; P.L. 1985, ch. 23, § 1; P.L. 1987, ch. 274, § 1; P.L. 1990, ch. 39, § 1.

Cross References.

Adjoining property, § 3-7-19 .

Advertisement of hearing on license, § 3-5-17 .

Beverages salable, §§ 3-5-12 , 3-7-18 .

Chain store licenses, § 3-5-11 .

Expiration date of license, § 3-5-8 .

Local option provisions, §§ 3-5-2 3-5-4 .

Maximum number of licenses, § 3-5-16 .

Minimum containers, § 3-5-12 .

Penalty for unlicensed shows where alcoholic beverages sold, § 5-22-20 .

Posting of licenses, § 3-5-18 .

Power to issue license, § 3-5-14 .

Premises covered, §§ 3-5-9 , 3-5-19 .

Residence of licensees, § 3-5-10 .

Revocation or suspension of licenses, §§ 3-5-21 3-5-23 .

Veteran’s certificate, renewal on discharge, § 30-20-1 .

NOTES TO DECISIONS

Construction.

A Class I retail license (former § 3-7-16 ) authorizes the selling of alcoholic beverages for consumption on the premises, but only at tables. While generally it has many of the same characteristics as a Class B retail license, it differs in that Class I premises may be open for business only between the hours of six o’clock p.m. and one o’clock a.m. daily except Sunday, whereas at a Class B establishment, while it must keep open for business regularly at least from 9 o’clock a.m. to 7 o’clock p.m., beverages may not be sold or served after 1 o’clock a.m. nor before six o’clock a.m. A further difference is that minors are not allowed upon the premises of a Class I establishment. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Entertainment Permitted.

Insofar as former §§ 3-7-16 and 3-7-16.1 referred to entertainment, they permitted music, dancing and other forms of entertainment on the premises. Chernov Enters. v. Scuncio, 107 R.I. 439 , 268 A.2d 424, 1970 R.I. LEXIS 792 (1970).

Collateral References.

Liability for license fee of one who has conducted business without required license. 5 A.L.R. 1312; 107 A.L.R. 652.

3-7-16.1. Class L ancient underground comfort station license.

Notwithstanding any provision of this title to the contrary, the local licensing board has the power to grant and may grant on request an ancient underground comfort station license. The license may be granted to the owner, lessee or other person, firm or corporation in possession of an ancient underground comfort station which has been in existence since 1913. The underground comfort station must not have been in continuous operation as a comfort station since 1913. The Class L license grants the following privileges:

  1. The right to keep for sale and to sell beverages at retail at the place described in the license and to deliver those beverages for consumption on the premises.
  2. The annual fee for the license is the same as a Class B license in that city or town and is payable to the town or city where the licensed premises are located.

History of Section. P.L. 1980, ch. 352, § 1.

Repealed Sections.

The former section (P.L. 1966, ch. 218, § 1) was repealed by P.L. 1976, ch. 241, § 1, and reenacted as § 3-7-16 .

Cross References.

Class B license fees, § 3-7-7 .

3-7-16.2. Class K ancient tavern license.

  1. The local licensing board has the power to grant and may grant on request by the legal owners of any building which has had a public and continuous use and license as a tavern for ten (10) years or more prior to 1730 A.D. (and which building is located on the same spot where the license was then effective) an ancient tavern license, effective only for the premises described above, and the license grants the following privileges:
    1. The right to sell for consumption on the premises alcoholic beverages of all kinds as adjuncts to meals to patrons sitting at tables.
    2. The right to open at any time after eight in the morning (8:00 a.m.) and to remain open until the closing hours established by the local board of license commissioners for other licensed places or to close at any time earlier than that set time for closing, if the owners shall elect.
  2. The holding of the ancient tavern license is subject, as to matters of order and police, to the same rules as prevail for other licensed places in that locality and as to matters of health and sanitation, is subject to the same rules and requirements as prevail for other licensed places in that locality.
  3. The owners of any building described in subsection (a) receiving an ancient tavern license shall pay each year to the municipality in which it is located six hundred dollars ($600) for the license.

History of Section. G.L. 1956, § 3-7-16.2 ; P.L. 1969, ch. 85, § 1.

3-7-16.3. Class T legitimate theater license.

  1. Legitimate theaters as defined in subsection (b) or subsection (c) may apply for a Class T license. The license authorizes the holder of the license to keep for sale and to sell beverages at retail in the place described in the license and to deliver those beverages for consumption on the premises where sold at the times when scheduled events relating to art, the legitimate theater or community artistic experiences may be held on those premises and for a period of one hour prior to those events and one hour subsequent thereto, provided those events begin subsequent to twelve o’clock (12:00) noon. The licensed premises may contain a bar. A Class T license authorizes entertainment only in conformity with ordinances of the city or town where the facility is located on the licensed premises. Class T licenses shall only be issued by the local licensing authority.
  2. “Legitimate theaters,” for the purposes of this section, includes nonprofit, cultural organizations and for-profit historic theaters located in the city of Newport or the town of Burrillville with a primary purpose of providing a support system to deliver and coordinate various arts activities for the benefit of the communities the theaters serve or that provide live, regularly scheduled theatrical productions on a regular basis throughout the year and all events contributing toward the goal of providing quality artistic experiences for the community.
  3. For purposes of this section, “legitimate theaters” shall also include facility management corporations that are contractually authorized to manage buildings owned or under the authority of the Rhode Island Convention Center Authority with a primary purpose of providing a support system to deliver and coordinate various arts activities for the benefit of the communities the corporations serve or that provide live, regularly scheduled theatrical productions on a regular basis throughout the year and all events contributing toward the goal of providing quality artistic experiences for the community.

History of Section. P.L. 1980, ch. 357, § 1; P.L. 1982, ch. 426, § 1; P.L. 2009, ch. 170, § 1; P.L. 2012, ch. 215, § 1; P.L. 2012, ch. 226, § 1; P.L. 2020, ch. 43, § 1; P.L. 2020, ch. 54, § 1; P.L. 2021, ch. 395, § 1, effective July 14, 2021.

Compiler’s Notes.

P.L. 2020, ch. 43, § 1, and P.L. 2020, ch. 54, § 1 enacted identical amendments to this section.

3-7-16.4. Class ED license.

  1. The holder of a retail Class ED license must be situated within a defined economic development zone within the city of Providence. The city may designate by ordinance an ED zone for the purpose of encouraging commercial and industrial investment. These zones or zone must consist of one or more contiguous census tract or tracts, or any portion thereof, and must represent substantial commercial or industrial activities within the tract or tracts. At least twenty-five percent (25%) of the developable land area must be zoned for commercial or industrial purposes within the designated zone. Plans for the revitalization of the area shall be adopted by the city council. Prior to any public body acting to create an ED zone, a public hearing must be held.
  2. Class ED licenses are nontransferable and are site specific. The application for ED licenses shall consider the type of facility, location within the designated zone, and economic impact of the commercial activities. The local licensing authority may specifically restrict the level of retail alcoholic beverages sold as well as the hours of sale. The issuing authority shall not grant a Class ED license which would provide longer operating hours for the licensee than that which is provided through any other license the authority is empowered to grant.
  3. The number of Class ED licenses the local licensing authority may grant shall be equal to an additional twenty percent (20%) of its total licensing authority for Class B and Class C licenses.

History of Section. P.L. 1986, ch. 548, § 1; P.L. 1999, ch. 457, § 1.

3-7-16.5. Class M License.

Notwithstanding any provision of this title to the contrary, the local licensing board of the Town of North Providence has the power to grant and may grant on request, a license for the retail sale of alcoholic beverages at such location on Mineral Spring Avenue between Woodward Road and Terry Street which has been formally and most recently utilized as a restaurant. The license may be granted to the owner, lessee or to other person, firm, or corporation in possession of the aforesaid property. The class M license grants the following privileges:

  1. The right to keep for sale and to sell beverages at retail at the place described in the license and to deliver those beverages for consumption on the premises.
  2. The annual fee for the license is the same as a class B license in the town and is payable to the town where the licensed premises are located.

History of Section. P.L. 1999, ch. 407, § 1.

3-7-16.6. Class N nightclub license.

  1. Notwithstanding any provision of this title to the contrary, any town or city council, by ordinance, may authorize the licensing authorities designated as having the right, power, and jurisdiction to issue licenses under this title pursuant to § 3-5-15 to designate and issue a special class of Class N nightclub licenses within its jurisdiction. In the city of Providence, the license authorizes the holder to keep for sale and sell beverages, including beer in cans, at retail at the place described and to deliver them for consumption on the premises or place where sold. It also authorizes the charging of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge is posted at the entrance of the establishments in a prominent place.
  2. A Class N license, when so authorized, shall be required by each establishment within the jurisdiction that:
    1. Has, as its primary source of revenue, the sale of alcoholic beverages and/or cover charges;
    2. Holds a Class B or Class ED license, except in the city of Providence;
    3. Has a fire department occupancy permit of no less than two hundred (200) persons and no greater than ten thousand (10,000) persons; or any establishment with a fire department occupancy permit of less than two hundred (200) persons that holds an entertainment license.
  3. Any establishment with a Class N license that admits patrons under twenty-one (21) years of age on the premises of the establishment when alcoholic beverages are being sold, served, or permitted on the premises shall, during the time the patrons are permitted on the premises:
    1. Require one form of identification. The identification shall contain the bearer’s photograph, and must be one of the following: state driver’s license, US military identification, state-issued identification card, or passport, from every person claiming to be twenty-one (21) years of age or older;
    2. Identify patrons over twenty-one (21) years of age, with both an identifiable hand stamp and a bracelet, and shall require every patron to show both hand stamp and bracelet before purchasing an alcoholic beverage;
    3. Sell not more than one alcoholic beverage to an eligible patron in a single transaction, and shall prohibit a patron from carrying more than one alcoholic beverage from a bar or drink-dispensing location;
    4. Not permit any patron who leaves the premises to be readmitted prior to closing without payment of the same admission or cover charge required of patrons entering the premises initially.
  4. The licensing authority of each town or city shall set the closing time for each establishment holding a Class N nightclub license within its jurisdiction pursuant to § 3-7-7(a)(1) and (a)(4), and notwithstanding other provisions of those subdivisions, an establishment holding a Class N nightclub license that is permitted to remain open until two o’clock (2:00) a.m. shall not admit patrons after one o’clock (1:00) a.m.
  5. The licensing authority of each town or city will establish the cost and duration of all Class N nightclub licenses issued by that authority.
  6. Notwithstanding the provisions of § 3-5-17 , no licensing authority may issue a Class N nightclub license unless the following notice requirements have been met:
    1. Any establishment applying for a Class N nightclub license, or the renewal of that license, or that is the subject of a hearing relating to its Class N nightclub license, must provide the general public with notice of its application by posting a twenty-four-inch (24) by thirty-six-inch (36) notice on its premises, in a manner clearly visible to the general public, at least thirty (30) days prior to the hearing date before the licensing authority for the license, and at least thirty (30) days prior to hearings related to the license on appeal to the director. If any hearing is scheduled to occur in less than thirty (30) days, the applicant or Class N nightclub license holder must post this notice within three (3) business days after its receipt of notification of that hearing from the licensing authority or the director.
    2. The notice shall contain the name of the applicant and a description by street and number or other plain designation of the particular location for which the Class N nightclub license is requested. The notice shall state that remonstrants are entitled to be heard at the hearing on the Class N nightclub license and shall provide the time and place of that hearing.
  7. Any establishment that holds a Class N nightclub license must:
    1. Comply with local ordinances governing noise levels;
    2. Cooperate with law-enforcement officials;
    3. Provide private security for the safety of patrons, both inside and outside the establishment, which private security must be certified by TIPS or a similar agency approved by the licensing authority; and
    4. Collect trash generated by the establishment every night that the establishment is open, in an area surrounding the premises that is reasonable and prudent, given the size of the establishment.
  8. The licensing authority of each town or city will develop requirements for police details for the purposes of public safety and traffic control in and around the premise of each establishment holding a Class N nightclub license.
      1. The licensing authority that has issued a license under this section may ban the admittance of persons under the age of twenty-one (21) on the licensee’s premise:
  9. On certain nights; or (ii) At certain times; or (iii) At all times. (2) Provided, however, any ban under this subsection herein shall be supported by a finding that:
    1. The licensee has failed to implement measures designed to prevent underage drinking; and
    2. The licensee has multiple violations of the provisions of one or more of the following sections: 3-8-1 , 3-8-4 and/or 3-8-10 .
  10. Upon the approval and designation of a district or districts by the board of licenses of the city of Providence, the board of licenses of the city of Providence may issue to any holder of a Class N license an extended-hours permit to extend closing hours on Thursdays, Fridays, and Saturdays, the night before a legal state holiday, or such other days as determined by the board of licenses of the city of Providence, for one hour past such license holder’s legal closing time as established by the license holder’s license or licenses including, but not limited to, those issued pursuant to subsection (d). The extended-hours permit shall not permit the sale of alcohol during the extended one-hour period and shall prohibit the admittance of new patrons in the establishment during the extended one-hour period. The designation of such district shall be for a duration of not less than six (6) months. Prior to designating any such district, the board of licenses of the city of Providence shall hold a hearing on the proposed designation. The proposed designation shall include the boundaries of the proposed district; the applicable days for the extended hours; and the duration of the designation and the conditions imposed. The proposed designation shall be advertised at least once per week for three (3) weeks prior to the hearing in a newspaper in general circulation in the city of Providence. The city of Providence shall establish an application process for an extended-hours permit for such license holder and may adopt rules and regulations to administer the permit.

History of Section. P.L. 2002, ch. 106, § 1; P.L. 2002, ch. 148, § 1; P.L. 2003, ch. 435, § 1; P.L. 2011, ch. 200, § 2; P.L. 2011, ch. 309, § 2; P.L. 2016, ch. 384, § 2; P.L. 2016, ch. 402, § 2.

Compiler’s Notes.

P.L. 2016, ch. 384, § 2, and P.L. 2016, ch. 402, § 2 enacted identical amendments to this section.

3-7-16.7. Class AS license.

A retailer’s Class AS license may be issued within the state by the local licensing authority and authorizes the licensee to sell at retail, wines purchased from a Rhode Island licensed wholesaler, to be used for sacramental purposes only, to any duly ordained priest, minister or rabbi or to any church or religious society. The label on the bottle shall designate “for sacramental or altar purposes only.” The holder of a Class A license is also authorized to sell at retail, sacramental wines to be used for sacramental purposes. The annual fee for the Class AS license is fifty dollars ($50) prorated to the year ending December 1st of every calendar year. The holder of a Class AS license shall be authorized to sell no more than two hundred fifty (250) cases of sacramental wine per calendar year. The license is limited to the same days and hours of a Class A license within the city or town where the license is issued. The sale of wine for sacramental purposes is exempt pursuant to subdivision 3-10-1(b) .

History of Section. P.L. 2008, ch. 138, § 1; P.L. 2008, ch. 193, § 1.

Compiler’s Notes.

In 2015, the reference in this section to subdivision 3-10-1(6)b was changed to 3-10-1(b) to correct an apparent typo.

3-7-16.8. Additional license — City of Providence.

In addition to the licenses provided for in this chapter, the board of licenses of the city of Providence is authorized to establish and issue the following license. Before granting a license to any person under the provisions of § 3-7-16.8 , the board of licenses of the city of Providence shall give notice by advertisement published once a week for at least two (2) weeks in a newspaper of general circulation published in the city of Providence. The advertisement shall contain the name of the applicant and a description by street and number or other plain designation of the particular location for which the license is requested. Notice of the application shall also be given, by mail, to all owners of property within two hundred feet (200´) of the place of business seeking the application. The cost of the application shall be borne by the applicant. The notices shall state that remonstrants are entitled to be heard before the granting of the license and shall name the time and place of the hearing. At the time and place, the remonstrants shall be granted a full opportunity to make their objections before the licensing board acts upon the application.

  1. Class S license  — Supper club — Food and Nightclub.
    1. A retailer’s Class S license is issued only to a licensed, bona fide tavern keeper or victualer whose tavern or victualing house may be open for business and regularly patronized at least from nine o’clock (9:00) a.m. to seven o’clock (7:00) p.m. provided no beverage is sold or served after one o’clock (1:00) a.m., nor before six o’clock (6:00) a.m. The licensing board may fix an earlier closing time, at its discretion. The annual license fee for a Class S license shall be four hundred dollars ($400) to two thousand five hundred dollars ($2,500).
    2. The license authorizes the holder to keep for sale and sell beverages, including beer in cans, at retail at the place described and to deliver them for consumption on the premises or place where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge is posted at the entrance of the establishments in a prominent place.
    3. Any holder of a Class S license may file an application with the licensing board to open for business and serve or sell beverages until two o’clock (2:00) a.m. on Fridays and Saturdays and the night before legal state holidays. The fee for such application shall be between two hundred dollars ($200) and one thousand dollars ($1,000). All requests for a two o’clock (2:00) a.m. license shall be advertised by the board of licenses in a newspaper of general circulation published in the city of Providence.
    4. Subject to the provisions of the Providence zoning ordinance, a holder of a retailer’s Class S license is allowed to erect signs advertising their business and products sold on the premises, including neon signs, and is allowed to light those signs during all lawful business hours, including Sundays and holidays.
    5. The holder of a Class S license may convert their establishment from a supper club to a nightclub between designated hours, upon approval by the board of licenses at the time of the original application. The applicant shall provide to the board the designated hours it will operate as a nightclub, and all other information as required by the board of licenses for approval of a Class N license. Upon approval of such application, the licensee shall adhere to all conditions required for a Class N license holder. Provided a Class S license holder has applied for and been approved for this additional nightclub format and a violation subsequently occurs, the board may choose to impose a penalty on the supper club operation or the nightclub operation, or both, as determined by the format in operation at the time of the violation.

History of Section. P.L. 2016, ch. 384, § 3; P.L. 2016, ch. 402, § 3.

Compiler’s Notes.

P.L. 2016, ch. 384, § 3, and P.L. 2016, ch. 402, § 3 enacted identical versions of this section.

3-7-16.9. Class WB license.

  1. A retailer’s Class WB license authorizes the holder of the license to purchase from a licensed wholesaler a minimum of five hundred (500) gallons of wine, up to a maximum of two thousand (2,000) gallons of wine per year, for use in the wholesale manufacture of wine biscuits.
  2. This license is subject to all the provisions of this title and the wine purchased pursuant to this license may only be used for the wholesale manufacture of wine biscuits.
  3. Provided, that as a further condition of holding a license under this section, the holder of said license shall annually, no later than thirty (30) days after the expiration of the twelve-month (12) period after the date the license was acquired, provide the department of business regulation, on a form prescribed by the department, the actual amount of wine purchased during the reporting period. In addition to any other information the department may require, the form shall be signed and dated by the individual or representative of the entity whose name appears on the license, along with the name and address of the wholesaler(s) where the wine was purchased. The department shall promulgate any additional rules or regulations necessary to enforce the provisions of this section.

History of Section. P.L. 2016, ch. 46, § 1; P.L. 2016, ch. 57, § 1.

Compiler’s Notes.

P.L. 2016, ch. 46, § 1, and P.L. 2016, ch. 57, § 1 enacted identical versions of this section.

3-7-16.10. Class SE license.

A city or town may issue a Special Events (SE) license that shall allow any retail business not otherwise licensed in this chapter or affiliated with any entity licensed in this chapter or nonprofit organization to offer alcoholic beverages for sale at retail at, or as part of the consideration for admission to, an event to be held at its premises. Such events shall not be held more often than one day in each calendar month. The alcoholic beverages for these events shall be purchased from a Class A licensee in the same city or town, notwithstanding any other provision of this chapter.

History of Section. P.L. 2019, ch. 156, § 1; P.L. 2019, ch. 163, § 1.

Compiler’s Notes.

P.L. 2019, ch. 156, § 1, and P.L. 2019, ch. 163, § 1 enacted identical versions of this section.

3-7-17. Discretionary fees.

Where it is provided that a license fee shall be from a minimum to a maximum sum, the amount within those limits shall be fixed in the discretion of the issuing body, but in any city or town the fee for retailers’ licenses shall be uniform in every class.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1934, ch. 2088, § 2; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; G.L. 1956, § 3-7-17 .

3-7-18. Licensed retailers to purchase from licensed wholesalers only.

All holders of retail licenses except retail Class G licenses shall purchase beverages for sale under their licenses only from the holder or holders of wholesale licenses under this title.

History of Section. P.L. 1933, ch. 2013, § 5; P.L. 1935, ch. 2270, § 1; G.L. 1938, ch. 163, § 3; P.L. 1976, ch. 245, § 1.

3-7-19. Objection by adjoining property owners — Proximity to schools and churches.

  1. Retailers’ Class B, C, N and I licenses, and any license provided for in § 3-7-16.8 of this chapter, shall not be issued to authorize the sale of beverages in any building where the owner of the greater part of the land within two hundred feet (200´) of any point of the building files with the body or official having jurisdiction to grant licenses his or her objection to the granting of the license, nor in any building within two hundred feet (200´) of the premises of any public, private, or parochial school or a place of public worship. In the city of East Providence, retailer’s Class A licenses shall not be issued to authorize the sale of beverages in any building within five hundred feet (500´) of the premises of any public, private, or parochial school, or a place of public worship.
  2. As used in this section, “private school” means any nonpublic institution of elementary or secondary (K-12th grade) education, accredited or recognized as a private school by the department of elementary and secondary education or the school committee of the city or town having jurisdiction over private schools.
  3. This section shall not apply to any Class B or C license holder whose license was issued prior to January 1, 1978, nor shall this section apply to, or constitute the basis of, an objection to, or disapproval of, the transfer of a Class B or C license where the location of the licensed establishment predates the location of the public, private, or parochial school, or place of public worship.
    1. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B, C, or I license intended to be located within the following described area(s) in the city of Providence:
      1. Beginning at a point, that point being the intersection of the southerly line of Smith Street and the easterly taking line of Interstate Route 95;

        Thence running in a general southwesterly direction along the easterly taking line of Interstate Route 95 to the center line of Kingsley Avenue;

        Thence turning and running northwesterly in part along the southerly line of Kingsley Avenue to its intersection with the southerly line of Harris Avenue;

        Thence turning and running westerly along the southerly line of Harris Avenue to its intersection with the southerly line of Atwells Avenue;

        Thence turning and running easterly along the southerly line of Atwells Avenue to the easterly taking line of Interstate Route 95;

        Thence turning and running in a general southerly and southeasterly direction along the easterly taking line of Interstate Route 95 to the center line of Pine Street;

        Thence turning and running northeasterly along the northerly taking line of I-195 to its intersection with the northerly taking line of I-195;

        Thence turning and running northeasterly along the northerly taking line of I-195 to its intersection with the westerly shore line of the Providence River;

        Thence turning and running northerly along the westerly shore line of the Providence River to its intersection with the southerly line of Crawford Street;

        Thence running northwesterly across Dyer Street to the intersection of the westerly line of Dyer Street to the southerly line of Custom House Street;

        Thence running northerly in part along the southerly line of Dyer Street and in part along the westerly line of Market Square to its intersection with the westerly line of Canal Street;

        Thence turning and running northerly along the westerly line of Canal Street to its intersection with the southerly line of Smith Street;

        Thence turning and running westerly along the southerly line of Smith Street to the point and place of beginning.

      2. Beginning at a point, that point being the intersection of the westerly line of Brook Street and the northerly line of Wickenden Street;

        Thence running in a general westerly direction along the northerly line of Wickenden Street to the intersection of Wickenden Street and Benefit Street;

        Thence running in a general northerly direction along the easterly line of Benefit Street to the intersection of Benefit Street and Sheldon Street;

        Thence turning and running in an easterly direction along the southerly line of Sheldon Street to the intersection of Sheldon Street and Brook Street;

        Thence turning and running in a general southerly line to the intersection of Brook Street and Wickenden Street that being the point of beginning.

    2. Notwithstanding the provisions of this section, the board of licenses of the city of Newport shall, after application, have authority to exempt from the provisions of this section any proposed retailer Class B license intended to be located within the following described area in the city of Newport:

      Beginning at a point, that point being the intersection of the southerly line of Broadway and the easterly line of Courthouse Square;

      Thence running in a general northeasterly direction along the southerly line of Broadway a distance of one hundred and two feet (102´) to a point at the southeasterly corner of land now or formerly owned by the Newport Historical Society;

      Thence turning and running in a southeasterly direction ninety-eight and nine-tenths feet (98.9´) along the southwesterly border of land now or formerly owned by the Newport Historical Society;

      Thence turning and running in a southwesterly direction one hundred and twelve feet (112´) to Courthouse Street; and

      Thence turning and running in a generally northwesterly direction along Courthouse Street for a distance of ninety feet (90´) to the point and place of beginning.

    3. Notwithstanding the provisions of this section, the board of licenses of the town of Warren shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B, C, or I license intended to be located within any zoning district in the town of Warren which is designated as a limited business district or as a general business district pursuant to the zoning ordinance of the town of Warren.
    4. Notwithstanding the provisions of this section, the board of licenses of the town of Bristol shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B license intended to be located on lot 34 of tax assessors plat 10 of the Bristol tax assessors map as of December 31, 1999, including that portion of the public sidewalk contiguous to said lot.
    5. Notwithstanding the provisions of this section, the board of licenses for the city of Newport shall, after application, have the authority to exempt from the provisions of this section as to places of public worship any proposed sidewalk cafe as defined in the Codified Ordinance of the city of Newport, provided that the applicant be an existing holder of a Retailers’ Class B license.
    6. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B license intended to be located on lot 131 of tax assessors plat 68 of the Providence tax assessors map as of December 31, 1999 and any proposed retailer Class B license intended to be located on lot 21 of the tax assessors map plat 49 and any proposed retailer class BV license intended to be located on lots 3 and 5 of tax assessors map plat 35 of the Providence tax assessors map as of December 31, 2003.
    7. Notwithstanding the provisions of this section, the board of licenses of the city of Cranston shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B license intended to be located on either lot 160 of tax assessor’s plat 9, and/or on lot 152 of tax assessor’s plat 9, of the Cranston tax assessor’s map as of December 31, 2002; provided, however, as to the subsequent transfer of said Class B license issued by the city of Cranston under this exemption, whether said transfer is attributable to the holder’s death or otherwise, any person desiring to become the potential transferee of said Class B license shall comply with those restrictions as to its use (and shall refrain from those activities which result in its reversion) set forth in the city of Cranston Memorandum of Understanding dated May 13, 2003 and, in addition, those requirements applicable to anyone who desires to become a transferee of a validly issued and outstanding Class B license designated for use in any location in the state of Rhode Island. Neither the exemption granted herein nor any future exemption granted hereafter shall be effective until the proposed Class B license and the underlying property owner is certified to be current in the payment of any and all local and state taxes.
    8. Notwithstanding the provisions of this section, the board of licenses of the city of Pawtucket shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B, C, or I license intended to be located within the following described area in the city of Pawtucket:

      Beginning at the point of intersection of Dexter Street and the Central Falls line, then east along the Central Falls line to the Blackstone River, then north along the city boundary on the Blackstone River to the Cumberland line, then west along the Pawtucket city boundary line to I-95, then south along I-95 to Pine Street, then north on Pine Street to AMTRAK Right of Way, then northwest along the AMTRAK Right of Way to Dexter Street, then north on Dexter Street to the Central Falls line.

    9. Notwithstanding the provisions of this section the town council of the town of Little Compton, after application, is authorized to exempt from the provisions of this section relating to places of worship any class B license limited to malt and vinous beverages intended to be located on Plat 30, Lot 33 of the town of Little Compton tax assessment map existing as of December 31, 2004.
    10. Notwithstanding the provisions of this section, the board of licenses of the town of Bristol shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located on lots 3, 18, and 19 of tax assessors plat 10 of the Bristol tax assessors map as of December 31, 2007.
    11. Notwithstanding the provisions of this section the town council of the town of Smithfield, after application, is authorized to exempt from the provisions of this section, any class B, C, or I license intended to be located on Plat 45, Lot 042 of the town of Smithfield, tax assessment map existing as of December 31, 2007; provided, however, said exemption shall apply only to any renewal of any class B, C, or I license issued for use at the said premises located on plat 45, lot 042 as of December 31, 2011. In the event said license is not renewed, then this exemption is hereby repealed in its entirety.
    12. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B license intended to be located on plat 13, lots 31 and 32 of the applicable city of Providence tax assessment map.
    13. Notwithstanding the provisions of this section, the board of licenses of the town of Tiverton shall, after the application, have the authority to exempt from the provisions of this section a proposed retailer’s Class BV license for a restaurant located on tax assessor’s plat 181, lot 1A.
    14. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on tax assessor’s plat 68, lot 732.
    15. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on plat 105, lot 489, plat 105, lot 12 and plat 32, lot 232 of the applicable city of Providence tax assessment map.
    16. Notwithstanding the provisions of this section the city council of the city of Central Falls, shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on plat 5, lot 188 of the applicable city of Central Falls tax assessment map.
    17. Notwithstanding the provisions of this section, the board of licenses of the town of Portsmouth shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on plat 37, lot 69 of the applicable town of Portsmouth tax assessment map.
    18. Notwithstanding the provisions of this section, the board of licenses of the town of North Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on plat 23A, lot 98 of the applicable town of North Providence tax assessment map.
    19. Notwithstanding the provisions of this section, the board of licenses of the city of Cranston shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on Plat 11, lot 3558 of the applicable city of Cranston tax assessment map.
    20. Notwithstanding the provisions of this section, the town council of the town of Smithfield, after application, is authorized to exempt from the provisions of this section, any Class B or C license intended to be located on Plat 6, Lot 54 of the town of Smithfield tax assessors map as of December 31, 2012.
    21. Notwithstanding the provisions of this section, the board of licenses of the city of Cranston shall, after application, have the authority to exempt from the provisions of this section any proposed retailers class B license intended to be located on tax assessors plat 1, lot 2170 of the applicable city of Cranston tax assessment map as of December 31, 2012.
    22. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on tax assessor’s plat 43, lot 211.
    23. Notwithstanding the provisions of this section, the board of licenses of the town of North Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on Plat 22A, Lot 336, of the applicable town of North Providence tax assessment map.
    24. Notwithstanding the provisions of this section, the city council of the city of Central Falls shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on plat 1, lot 164 of the applicable city of Central Falls tax assessment map.
    25. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 1948-1950 Westminster Street on plat 35, lot 359 of the applicable city of Providence tax assessment map.
    26. Notwithstanding the provisions of this section, the town council of the town of Middletown, after application, is authorized to exempt from the provisions of this section, any proposed retailer’s Class BV license intended to be located on Plat 107 NW, Lot 55 of the town of Middletown’s tax assessor’s maps as of December 31, 2014.
    27. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any retailer Class B, C or I license intended to be located on Plat 109, Lot 289, of the applicable city of Providence tax assessor’s map.
    28. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class BV license intended to be located at 226 and 230 Dean Street on plat 25, lot 44 of the applicable city of Providence tax assessment map.
    29. Notwithstanding the provisions of this section, the board of licenses of the town of East Greenwich shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 219 Main Street on map/lot 085 001 212 0000 of the applicable town of East Greenwich tax assessment map.
    30. Notwithstanding the provisions of this section, the board of licenses of the town of East Greenwich shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 137 Main Street on map/lot 085-001-412; 59 Main Street on map/lot 085-001-236; 555 Main Street on map/lot 075-003-084; 74 Cliff Street on map/lot 075-003-040; 609 Main Street on map/lot 075-003-080; 241 Main Street on map/lot 085-001-208; 155 Main Street on map/lot 085-001-222; 149 Main Street on map/lot 085-001-223; and 2 Academy Court on map/lot 085-001-211 of the applicable Town of East Greenwich tax assessment map.
    31. Notwithstanding the provisions of this section, the board of licenses of the town of Lincoln shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located on tax assessor’s plat 10, lot 108, of the Lincoln tax assessor’s map as of December 31, 2015.
    32. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class C license intended to be located at 215 Dean Street on plat 28, lot 961 of the applicable city of Providence tax assessment map.
    33. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 100-102 Hope Street on plat 16, lot 263 of the applicable city of Providence tax assessment map.
    34. Notwithstanding the provisions of this section, the board of licenses in the town of Cumberland shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 88 Broad Street on Lots 32, 51, and 52 of Plat 2 Cumberland tax assessor’s map as of December 31, 2016.
    35. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 11 Lowell Avenue, 191 Pocasset Avenue and 187 Pocasset Avenue on Lots 22, 23, and 24 of Plat 108 Providence tax assessor’s map as of December 31, 2017.
    36. Notwithstanding the provisions of this section, the city council in the city of Central Falls shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located on Plat 1, of Lot 171 of the applicable city of Central Falls tax assessment map.
    37. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class BV and Class BX license intended to be located at 161 Douglas Avenue on plat 68, lot 201 of the applicable city of Providence tax assessment map.
    38. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 1007 Broad Street, Plat 53, Lot 192 of the applicable city of Providence tax assessment map and 1017 Broad Street Plat 53, Lot 582 of the applicable city of Providence tax assessment map.
    39. Notwithstanding the provisions of this section, the city council in the city of Woonsocket shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 122 North Main Street, Map/Lot 130-125-005 of the applicable city of Woonsocket tax assessment map.
    40. Notwithstanding the provisions of this section, the city council of the city of Woonsocket, after application, is authorized to exempt from the provisions of this section, any proposed retailers’ class BV and class BM license intended to be located between 2 Main Street (tax assessor’s plat 14, lot 284) and 194 Main Street (tax assessor’s plat 14, lot 139).
    41. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 375 Smith Street, Plat 68, Lot 132 of the applicable city of Providence tax assessment map.
    42. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 671 Broadway Street, Plat 35, Lot 566 of the applicable city of Providence tax assessment map.
    43. Notwithstanding the provisions of this section, the board of licenses in the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 464-468 Wickenden Street, also identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment map.
    44. Notwithstanding the provisions of this section, the town council of the town of Westerly shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 114 Granite Street, Westerly, RI 02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.
    45. Notwithstanding the provisions of this section, the board of licenses in the city of Woonsocket shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 43 Railroad Street, Plat 14R, Lot 205 of the applicable city of Woonsocket tax assessment map.
    46. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class BL license or Class BV license intended to be located at 601 Hartford Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.
    47. Notwithstanding the provisions of this section, the town council of the town of Westerly shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 169 and 177 Main Street, Westerly, RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.
    48. Notwithstanding the provisions of this section, the city council of the city of East Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 332 Bullock Point Avenue, East Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence tax assessment map.
    49. Notwithstanding the provisions of this section, the board of license commissioners of the city of Pawtucket shall, after application, have the authority to exempt from the provisions of this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots 826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax assessment map existing as of March 1, 2021.
    50. Notwithstanding the provisions of this section, the board of licenses in the town of Jamestown, after application, has the authority to exempt from the provisions of this section any proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot 207 of the applicable town of Jamestown tax assessment map.
    51. Notwithstanding the provisions of this section, the board of licenses of the city of Providence, shall after application, have the authority to exempt from the provisions of this section any proposed retailer Class BV and Class P license intended to be located at 203-209 Douglas Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.
    52. Notwithstanding the provisions of this section, the board of licenses of the city of East Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer’s Class B license intended to be located at 130 Taunton Avenue, Map 106, Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.
    53. Notwithstanding the provisions of this section, the town council of the town of Barrington shall, after application, have the authority to exempt from the provisions of this section any proposed retailers’ Class B license intended to be located at 305 Sowams Road, Barrington, R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.
    54. Notwithstanding the provisions of this section, the board of licenses of the city of Providence shall, after application, have the authority to exempt from the provisions of this section any proposed retailer Class B license intended to be located at 737 Hope Street, Plat 6, Lot 595 of the applicable city of Providence tax assessment map.

History of Section. P.L. 1933, ch. 2013, § 21; P.L. 1934, ch. 2088, § 51/2; P.L. 1936, ch. 2338, § 4; P.L. 1937, ch. 2522, § 2; G.L. 1938, ch. 163, § 7; P.L. 1940, ch. 814, § 5; P.L. 1941, ch. 1038, § 1; P.L. 1946, ch. 1708, § 1; impl. am. P.L. 1952, ch. 3004, § 1; G.L. 1956, § 3-7-19 ; P.L. 1962, ch. 237, § 1; P.L. 1974, ch. 149, § 1; P.L. 1978, ch. 237, § 1; P.L. 1982, ch. 443, § 1; P.L. 1983, ch. 277, § 1; P.L. 1988, ch. 156, § 1; P.L. 1990, ch. 269, § 1; P.L. 1994, ch. 71, § 1; P.L. 1994, ch. 161, § 1; P.L. 1995, ch. 41, § 1; P.L. 2000, ch. 21, § 1; P.L. 2002, ch. 120, § 1; P.L. 2002, ch. 122, § 1; P.L. 2002, ch. 131, § 1; P.L. 2002, ch. 338, § 1; P.L. 2002, ch. 375, § 1; P.L. 2003, ch. 215, § 1; P.L. 2003, ch. 265, § 1; P.L. 2004, ch. 116, § 1; P.L. 2004, ch. 141, § 1; P.L. 2005, ch. 376, § 1; P.L. 2005, ch. 437, § 1; P.L. 2006, ch. 619, § 1; P.L. 2008, ch. 109, § 1; P.L. 2008, ch. 209, § 1; P.L. 2008, ch. 259, § 1; P.L. 2008, ch. 273, § 1; P.L. 2008, ch. 367, § 1; P.L. 2010, ch. 11, § 1; P.L. 2010, ch. 12, § 1; P.L. 2010, ch. 198, § 1; P.L. 2010, ch. 218, § 1; P.L. 2011, ch. 289, § 1; P.L. 2011, ch. 317, § 1; P.L. 2012, ch. 55, § 1; P.L. 2012, ch. 56, § 1; P.L. 2012, ch. 138, § 1; P.L. 2012, ch. 139, § 1; P.L. 2012, ch. 140, § 1; P.L. 2012, ch. 141, § 1; P.L. 2012, ch. 399, § 1; P.L. 2012, ch. 457, § 1; P.L. 2012, ch. 460, § 1; P.L. 2013, ch. 79, § 1; P.L. 2013, ch. 139, § 1; P.L. 2013, ch. 204, § 1; P.L. 2013, ch. 514, § 1; P.L. 2013, ch. 526, § 1; P.L. 2014, ch. 160, § 1; P.L. 2014, ch. 173, § 1; P.L. 2014, ch. 507, § 1; P.L. 2014, ch. 534, § 1; P.L. 2015, ch. 8, § 1; P.L. 2015, ch. 9, § 1; P.L. 2015, ch. 68, § 1; P.L. 2015, ch. 71, § 1; P.L. 2015, ch. 124, § 1; P.L. 2015, ch. 145, § 1; P.L. 2016, ch. 33, § 1; P.L. 2016, ch. 34, § 1; P.L. 2016, ch. 83, § 1; P.L. 2016, ch. 87, § 1; P.L. 2016, ch. 116, § 1; P.L. 2016, ch. 120, § 1; P.L. 2016, ch. 384, § 2; P.L. 2016, ch. 402, § 2; P.L. 2016, ch. 508, § 1; P.L. 2017, ch. 3, § 1; P.L. 2017, ch. 4, § 1; P.L. 2017, ch. 41, § 1; P.L. 2017, ch. 76, § 1; P.L. 2017, ch. 446, § 1; P.L. 2017, ch. 463, § 1; P.L. 2018, ch. 66, § 1; P.L. 2018, ch. 67, § 1; P.L. 2018, ch. 301, § 1; P.L. 2018, ch. 303, § 1; P.L. 2018, ch. 304, § 1; P.L. 2018, ch. 326, § 1; P.L. 2018, ch. 327, § 1; P.L. 2018, ch. 328, § 1; P.L. 2019, ch. 13, § 1; P.L. 2019, ch. 14, § 1; P.L. 2019, ch. 119, § 1; P.L. 2019, ch. 153, § 1; P.L. 2019, ch. 162, § 1; P.L. 2019, ch. 169, § 1; P.L. 2019, ch. 292, § 1; P.L. 2019, ch. 306, § 1; P.L. 2019, ch. 310, § 1; P.L. 2020, ch. 24, § 1; P.L. 2020, ch. 25, § 1; P.L. 2020, ch. 33, § 1; P.L. 2020, ch. 34, § 1; P.L. 2020, ch. 40, § 1; P.L. 2020, ch. 52, § 1; P.L. 2021, ch. 10, § 1, effective May 6, 2021; P.L. 2021, ch. 11, § 1, effective May 5, 2021; P.L. 2021, ch. 64, § 1, effective June 25, 2021; P.L. 2021, ch. 71, § 1, effective June 23, 2021; P.L. 2021, ch. 72, § 1, effective June 23, 2021; P.L. 2021, ch. 79, § 1, effective June 25, 2021; P.L. 2021, ch. 241, § 1, effective July 14, 2021; P.L. 2021, ch. 242, § 1, effective July 14, 2021; P.L. 2021, ch. 243, § 1, effective July 14, 2021; P.L. 2021, ch. 244, § 1, effective July 14, 2021; P.L. 2021, ch. 245, § 1, effective July 14, 2021; P.L. 2021, ch. 248, § 1, effective July 14, 2021; P.L. 2021, ch. 249, § 1, effective July 14, 2021; P.L. 2021, ch. 250, § 1, effective July 14, 2021; P.L. 2021, ch. 251, § 1, effective July 14, 2021.

Compiler’s Notes.

This section was amended by nine acts ( P.L. 2016, ch. 33, § 1; P.L. 2016, ch. 34, § 1; P.L. 2016, ch. 83, § 1; P.L. 2016, ch. 87, § 1; P.L. 2016, ch. 116, § 1; P.L. 2016, ch. 120, § 1; P.L. 2016, ch. 384, § 2; P.L. 2016, ch. 402, § 2; P.L. 2016, ch. 508, § 1) as passed by the 2016 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all nine acts.

P.L. 2016, ch. 83, § 1, and P.L. 2016, ch. 87, § 1 enacted identical amendments to this section.

P.L. 2016, ch. 116, § 1, and P.L. 2016, ch. 120, § 1 enacted identical amendments to this section.

P.L. 2016, ch. 384, § 2, and P.L. 2016, ch. 402, § 2 enacted identical amendments to this section.

This section was amended by six acts ( P.L. 2017, ch. 3, § 1; P.L. 2017, ch. 4, § 1; P.L. 2017, ch. 41, § 1; P.L. 2017, ch. 76, § 1; P.L. 2017, ch. 446, § 1; P.L. 2017, ch. 463, § 1) as passed by the 2017 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all six acts.

P.L. 2017, ch. 3, § 1, and P.L. 2017, ch. 4, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 41, § 1, and P.L. 2017, ch. 76, § 1, enacted identical amendments to this section.

P.L. 2017, ch. 446, § 1, and P.L. 2017, ch. 463, § 1, enacted identical amendments to this section.

This section was amended by eight acts ( P.L. 2018, ch. 66, § 1; P.L. 2018, ch. 67, § 1; P.L. 2018, ch. 301, § 1; 2018, ch. 303, § 1; P.L. 2018, ch. 304, § 1; P.L. 2018, ch. 326, § 1; P.L. 2018, ch. 327, § 1; P.L. 2018, ch. 328, § 1) as passed by the 2018 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all eight acts.

P.L. 2018, ch. 66, § 1, and P.L. 2018, ch. 67, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 301, § 1, and P.L. 2018, ch. 327, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 303, § 1, and P.L. 2018, ch. 328, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 304, § 1, and P.L. 2018, ch. 326, § 1 enacted identical amendments to this section.

This section was amended by nine acts ( P.L. 2019, ch. 13, § 1; P.L. 2019, ch. 14, § 1; P.L. 2019, ch. 119, § 1; P.L. 2019, ch. 153, § 1; P.L. 2019, ch. 162, § 1; P.L. 2019, ch. 169, § 1; P.L. 2019, ch. 292, § 1; P.L. 2019, ch. 306, § 1; P.L. 2019, ch. 310, § 1) as passed by the 2019 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all nine acts.

P.L. 2019, ch. 13, § 1, and P.L. 2019, ch. 14, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 119, § 1, and P.L. 2019, ch. 153, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 162, § 1, and P.L. 2019, ch. 169, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 292, § 1, and P.L. 2019, ch. 310, § 1 enacted identical amendments to this section.

This section was amended by six acts ( P.L. 2020, ch. 24, § 1; P.L. 2020, ch. 25, § 1; P.L. 2020, ch. 33, § 1; P.L. 2020, ch. 34, § 1; P.L. 2020, ch. 40, § 1; P.L. 2020, ch. 52, § 1) as passed by the 2020 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all six acts.

P.L. 2020, ch. 24, § 1, and P.L. 2020, ch. 33, § 1 enacted identical amendments to this section.

P.L. 2020, ch. 25, § 1, and P.L. 2020, ch. 40, § 1 enacted identical amendments to this section.

P.L. 2020, ch. 34, § 1, and P.L. 2020, ch. 52, § 1 enacted identical amendments to this section.

This section was amended by fifteen acts ( P.L. 2021, ch. 10, § 1; P.L. 2021, ch. 11, § 1; P.L. 2021, ch. 64, § 1; P.L. 2021, ch. 71, § 1; P.L. 2021, ch. 72, § 1; P.L. 2021, ch. 79, § 1; P.L. 2021, ch. 241, § 1; P.L. 2021, ch. 242, § 1; P.L. 2021, ch. 243, § 1; P.L. 2021, ch. 244, § 1; P.L. 2021, ch. 245, § 1; P.L. 2021, ch. 248, § 1; P.L. 2021, ch. 249, § 1; P.L. 2021, ch. 250, § 1; P.L. 2021, ch. 251, § 1) as passed by the 2021 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all fifteen acts.

P.L. 2021, ch. 10, § 1, and P.L. 2021, ch. 11, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 64, § 1, and P.L. 2021, ch. 79, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 71, § 1, and P.L. 2021, ch. 72, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 242, § 1, and P.L. 2021, ch. 243, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 244, § 1, and P.L. 2021, ch. 245, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 249, § 1, and P.L. 2021, ch. 250, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Challenge to Statute.
— Standing.

Drug store lacked standing to challenge this section after its application for transfer for a liquor license was denied since after denial the license was transferred to another entity, which transfer was approved, and the drug store did not allege that it currently possessed or intended to seek another license which had been, or was likely to be, denied by reason of the alleged wrongful conduct. Rumford Pharmacy, Inc. v. East Providence, 970 F.2d 996, 1992 U.S. App. LEXIS 17552 (1st Cir. 1992).

Churches.

A petition for the transfer of a retail-beverage license was denied where the establishment was located within two hundred feet of a recently organized church. El Nido, Inc. v. Goldstein, 626 A.2d 239, 1993 R.I. LEXIS 173 (R.I. 1993).

Extent of Review.

Where board of license commissioners refused petitioner’s application for Class B retail license solely in exercise of their general discretion upon the evidence before it, and not on the basis of the written protests of landowners within two hundred feet, the supreme court would not on certiorari disturb the board’s exercise of discretion or consider petitioner’s rights under the exemption provided in this section. Casala v. Dio, 65 R.I. 96 , 13 A.2d 693, 1940 R.I. LEXIS 87 (1940).

Method of Measurement.

The method of measurement to be used when determining whether a building is within two hundred feet of a church where the two are practically opposite each other on the same highway is the width of the highway. Newport Motor Inn v. McManus, 93 R.I. 93 , 171 A.2d 440, 1961 R.I. LEXIS 82 (1961).

Objections of Landowners.

Whether objectors to granting of permit were majority of owners of land in question is not material, but real issue is whether they owned “the greater part of the land within two hundred feet.” The Castle v. Newport, 63 R.I. 493 , 9 A.2d 710, 1939 R.I. LEXIS 116 (1939).

— Effect on Jurisdiction.

Where by reasonable inference from legal evidence the liquor control administrator finds that objectors have established a “legal remonstrance” against an application for license, the administrator is without jurisdiction by force of this statute. Elmwood Tap v. Daneker, 78 R.I. 408 , 82 A.2d 860, 1951 R.I. LEXIS 93 (1951).

— Evidence.

License commissioners of city could not refuse to issue Class B retailer’s liquor license on ground that “the owners of the greater part of the land within two hundred feet” of proposed establishment had filed written objections since objections stated they were “owners and occupiers” in general vicinity without describing respective properties, and since plat offered did not show exact areas owned by objectors. The Castle v. Newport, 63 R.I. 493 , 9 A.2d 710, 1939 R.I. LEXIS 116 (1939).

A plat of the two hundred foot area was not inadmissible because it failed to delineate ownership of the lots thereon as being those of objectors or because the plat was not current, as such objection went to its weight and not to its admissibility as evidence. Elmwood Tap v. Daneker, 78 R.I. 408 , 82 A.2d 860, 1951 R.I. LEXIS 93 (1951).

Collateral References.

Church, school, or other institution, reasonableness of statutory or local regulations prohibiting sale or license for sale of intoxicating liquors within prescribed distance from. 119 A.L.R. 643.

Issuance of license, administrative decision based on evidence outside record and without notice. 18 A.L.R.2d 571.

License holder’s right to question propriety of issuing license to other persons. 109 A.L.R. 1259.

Measurement of distances for purposes of enactment prohibiting sale, or license for sale, of intoxicating liquor within given distance from church, university, school, or other institution or property as base. 4 A.L.R.3d 1250.

Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal, and time therefor. 126 A.L.R. 1031; 27 A.L.R.2d 604.

3-7-20. Repealed.

History of Section. P.L. 1933, ch. 2013, § 22; P.L. 1934, ch. 2088, § 6; G.L. 1938, ch. 163, § 9; P.L. 1942, ch. 1212, art. 12, § 3; Repealed by P.L. 1976, ch. 181, § 1.

Compiler’s Notes.

Former § 3-7-20 concerned license bonds to towns and cities.

3-7-21. Appeals from the local boards to director.

  1. Upon the application of any petitioner for a license, or of any person authorized to protest against the granting of a license, including those persons granted standing pursuant to § 3-5-19 , or upon the application of any licensee whose license has been revoked or suspended by any local board or authority, the director has the right to review the decision of any local board, and after hearing, to confirm or reverse the decision of the local board in whole or in part, and to make any decision or order he or she considers proper, but the application shall be made within ten (10) days after the making of the decision or order sought to be reviewed. Notice of the decision or order shall be given by the local or licensing board to the applicant within twenty-four (24) hours after the making of its decision or order and the decision or order shall not be suspended except by the order of the director.
  2. Any appeal or appeals from a decision of any boards located in the towns of Jamestown, Little Compton, Middletown, Portsmouth or Tiverton, or in the city of Newport shall be heard by the director or the director’s designee within Newport County. The petitioner shall provide a stenographer and shall bear the cost to have a transcript made of the proceedings. A free copy of the transcript shall be provided by the petitioner to the director upon receipt of the transcript.
  3. The director may accept into evidence a stenographic transcript of a witness’s sworn testimony presented before the local board that was subject to cross examination. This testimony may be rebutted by competent testimony presented at the hearing held by the director.

History of Section. P.L. 1933, ch. 2013, § 14; P.L. 1934, ch. 2088, § 4; G.L. 1938, ch. 164, § 9; P.L. 1948, ch. 2124, § 2; G.L. 1956, § 3-7-21 ; P.L. 1981, ch. 396, § 1; P.L. 1992, ch. 183, § 1; P.L. 1993, ch. 367, § 1; P.L. 1994, ch. 337, § 1; P.L. 1996, ch. 100, art. 36, § 10.

NOTES TO DECISIONS

Certiorari to Supreme Court.

Where board of license commissioners refused petitioner’s application for a Class B retail license solely in exercise of its general discretion, and not on basis of written protests of landowners within two hundred feet of petitioner’s establishment as provided in § 3-7-19 , supreme court would not on certiorari disturb board’s exercise of discretion or consider petitioner’s rights under exemption provided in § 3-7-19 . Casala v. Dio, 65 R.I. 96 , 13 A.2d 693, 1940 R.I. LEXIS 87 (1940).

Where prayer in petition for certiorari sought to quash only that part of board of license commissioners’ hearing record relating to denial of application for Class B liquor license, supreme court would not consider board’s decision refusing subsequent application for Class C license. Casala v. Dio, 65 R.I. 96 , 13 A.2d 693, 1940 R.I. LEXIS 87 (1940).

Liquor control administrator is given power to make such decision or order as to him shall seem proper, and on certiorari the supreme court can review his decision only on alleged error of law. Kaskela v. Daneker, 76 R.I. 405 , 71 A.2d 510, 1950 R.I. LEXIS 10 (1950).

While there is no appeal from administrator’s decision on the facts the supreme court may in its discretion grant a review by certiorari on petition of a particular party in interest who is aggrieved by the decision. Board of Police Comm'rs v. Reynolds, 86 R.I. 172 , 133 A.2d 737, 1957 R.I. LEXIS 68 (1957).

Local board may be proper party to petition for certiorari to review administrator’s decision where allegations in petition raise important questions affecting local administration of the liquor law. Board of Police Comm'rs v. Reynolds, 86 R.I. 172 , 133 A.2d 737, 1957 R.I. LEXIS 68 (1957).

Although supreme court might review administrator’s decision by way of certiorari, such review is limited to questions of law. Board of License Comm'rs v. O'Dowd, 94 R.I. 243 , 179 A.2d 579, 1962 R.I. LEXIS 61 (1962).

Effect of Decision on Future Applications.

There is nothing to prevent the filing of more than one application for license and where administrator’s decision on appeal from denial of first application upheld the action of the board, this decision did not become res judicata as to future applications and when denial of second application was appealed to administrator he had power to direct the issuance of a license. Tedford v. Reynolds, 87 R.I. 335 , 141 A.2d 264, 1958 R.I. LEXIS 62 (1958).

Hearing De Novo.

It is intended that licensees be provided a de novo hearing of the cause rather than an appellate review of the decision. Hallene v. Smith, 98 R.I. 360 , 201 A.2d 921, 1964 R.I. LEXIS 177 (1964); Cesaroni v. Smith, 98 R.I. 377 , 202 A.2d 292, 1964 R.I. LEXIS 181 (1964).

Other Remedies.

A complaint to prohibit a town council from holding a hearing on an application for transfer of a license was properly dismissed for lack of jurisdiction of the subject matter as that matter was within the original and sole jurisdiction with a right of appeal to the liquor control administrator by virtue of this section. Sunny Day Restaurant v. Beacon Restaurant, 103 R.I. 707 , 241 A.2d 295, 1968 R.I. LEXIS 852 (1968).

Power of Administrator.

The power of review vested in the liquor control administrator is not limited to a mere review of errors of law and the administrator may in his discretion hear cases de novo. Kaskela v. Daneker, 76 R.I. 405 , 71 A.2d 510, 1950 R.I. LEXIS 10 (1950).

Liquor control administrator may on applicant’s appeal, hear the case de novo. Board of Police Comm'rs v. Reynolds, 86 R.I. 172 , 133 A.2d 737, 1957 R.I. LEXIS 68 (1957).

Fact that license year had expired before determination did not render moot the question of the right to deny the granting of a license. Tedford v. Reynolds, 87 R.I. 335 , 141 A.2d 264, 1958 R.I. LEXIS 62 (1958).

It is for appellants in hearing before administrator to show that town council acting as licensing board was without jurisdiction and in the absence of evidence to the contrary administrator could assume that local board acted pursuant to law. Edward W. Smith Estates, Inc. v. O'Dowd, 93 R.I. 284 , 174 A.2d 676, 1961 R.I. LEXIS 106 (1961).

The administrator in acting under this section, succeeds to the authority of the board under § 3-5-23 . Hallene v. Smith, 98 R.I. 360 , 201 A.2d 921, 1964 R.I. LEXIS 177 (1964).

The jurisdiction of the administrator is not adversely affected by improper conduct on the part of the local board for these are distinct and unrelated proceedings. Hallene v. Smith, 98 R.I. 360 , 201 A.2d 921, 1964 R.I. LEXIS 177 (1964).

Receivers.

A receiver applying for renewal of a debtor’s license succeeded only to the rights of the debtor, whose only recourse, if the application had been denied, would have been an appeal to the administrator, pursuant to this section, and, in a proper case, thence to the superior court. Vitterito v. Sportsman's Lodge & Restaurant, 102 R.I. 72 , 228 A.2d 119, 1967 R.I. LEXIS 647 (1967).

Right of Appeal.

Remonstrants before local board who were neither owners of land within 200 feet of proposed licensed premises or objecting on ground proposed premises was within 200 feet of school or church as authorized by § 3-7-19 were not entitled to appeal under this section. Moretti v. Division of Intoxicating Beverages, 62 R.I. 281 , 5 A.2d 288, 1939 R.I. LEXIS 28 (1939).

A decision as that term is used in this section contemplates action taken by the council after it has held a hearing referred to in § 3-5-17 and the failure of the council to advertise or hold a hearing on an application for transfer of a license cannot be considered a decision from which recourse can be had to the administrator and the remedy of the applicant is by mandamus to compel such advertisement and hearing. Beacon Restaurant v. Adamo, 103 R.I. 698 , 241 A.2d 291, 1968 R.I. LEXIS 851 (1968).

The legislature intended to include within the appeal provisions of this section an applicant who sought permission to relocate an existing license and, therefore, the state licensing authority had jurisdiction to review the decision of the local licensing authority. Ramsay v. Sarkas, 110 R.I. 590 , 295 A.2d 416, 1972 R.I. LEXIS 958 (1972).

This section sets out the right of appeal from the local licensing board to the liquor control administrator to only three groups of individuals: (1) applicants who have been denied a license; (2) licensees who have had their licenses revoked or suspended; and (3) any person hereby authorized to protest against the granting of a license. Earle v. Pastore, 511 A.2d 989, 1986 R.I. LEXIS 571 (R.I. 1986).

Collateral References.

Stay of revocation or suspension of license pending appeal. 166 A.L.R. 575.

3-7-22. Manufacturer’s or wholesaler’s interest in retailer.

  1. Except as otherwise provided, it shall be unlawful for any holder of a manufacturer’s or wholesaler’s license to have any direct or indirect interest in any retailer’s license or in the business carried on under a retailer’s license. If by operation of law the holder of a manufacturer’s or wholesaler’s license acquires an interest in a retailer’s license, or in the business carried on under a retailer’s license, he or she shall within thirty (30) days after acquiring that interest report the interest to the department and shall dispose of that interest in accordance with the directions of the department. Any person willfully violating the provisions of this section shall forfeit his or her manufacturer’s license and his or her interest in the retailer’s license.
  2. The holder of a license issued pursuant to § 3-6-1.1 , et seq., located at 162 West Main Road, Little Compton, Rhode Island may have a direct or indirect interest in a Class B license, provided, that the holder shall remain obligated to comply with § 3-7-18 and § 3-5-11.1 .

History of Section. P.L. 1933, ch. 2013, § 48; G.L. 1938, ch. 163, § 17; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-7-22 ; P.L. 2013, ch. 519, § 1; P.L. 2013, ch. 530, § 1.

Collateral References.

Retail liquor dealers, constitutionality, construction and application of statutes designed to prevent or limit control of, by manufacturers, wholesalers or importers. 136 A.L.R. 1328; 147 A.L.R. 1442; 148 A.L.R. 1401; 150 A.L.R. 1448; 153 A.L.R. 1433; 154 A.L.R. 1459; 155 A.L.R. 1458; 158 A.L.R. 1463.

3-7-23. Closing hours for Class A licenses.

The following closing hours shall be observed by all Class A license holders:

  1. November 1 to May 31.  No holder of a Class A license shall sell or deliver beverage under that license between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. (local time), except on legal holiday eves at which time the closing hour shall be eleven o’clock (11:00) p.m. In the city of Providence, no holder of a Class A license shall sell or deliver beverages under that license between the hours of ten o’clock (10:00) p.m. and nine o’clock (9:00) a.m. (local time), except on legal holiday eves at which time the closing hour shall be eleven o’clock (11:00) p.m. In the city of Central Falls, no holder of a Class A license shall sell or deliver beverages under that license between the hours of ten o’clock (10:00) p.m. and nine o’clock (9:00) a.m. local time. When a legal holiday is celebrated on a Monday, the preceding Saturday shall be considered the holiday eve.
  2. June 1 to October 31.  No holder of a class A license shall sell or deliver beverages under this license between the hours of eleven o’clock (11:00) p.m. and seven o’clock (7:00) a.m. (local time). In the cities of Providence and Central Falls, no holder of a Class A license shall sell or deliver beverages under that license between the hours of eleven o’clock (11:00) p.m. and nine o’clock (9:00) a.m. (local time).

History of Section. G.L. 1956, § 3-7-23 ; P.L. 1968, ch. 16, § 1; P.L. 2017, ch. 272, § 1; P.L. 2017, ch. 291, § 1; P.L. 2018, ch. 49, § 1; P.L. 2018, ch. 51, § 1.

Compiler’s Notes.

P.L. 2017, ch. 272, § 1, and P.L. 2017, ch. 291, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 49, § 1, and P.L. 2018, ch. 51, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2017, ch. 272, § 2, provides that the amendment to this section by that act takes effect on September 1, 2017.

P.L. 2017, ch. 291, § 2, provides that the amendment to this section by that act takes effect on September 1, 2017.

P.L. 2018, ch. 49, § 2, provides that the amendment to this section by that act takes effect on September 1, 2018.

P.L. 2018, ch. 51, § 2, provides that the amendment to this section by that act takes effect on September 1, 2018.

3-7-24. Certificate of payment of state taxes.

Every licensee under this chapter, upon filing an application for renewal or transfer of a license, shall submit with the application a certificate executed by the tax administrator, or some employee designated by the tax administrator, that taxes due the state have been paid. For the purposes of this section, “taxes due the state” shall include contributions due including taxes, interest and penalties due to the department of labor and training pursuant to the employment security act, chapters 42-44 of title 28, and temporary disability insurance act, chapters 39-41 of title 28. No license under this chapter shall be renewed or transferred without that certificate.

History of Section. P.L. 1972, ch. 155, art. 6, § 1; P.L. 1985, ch. 278, § 1.

NOTES TO DECISIONS

Bankruptcy Proceedings.

The bankruptcy court was not prohibited by this section from authorizing the transfer of a liquor license, free and clear of liens, even though a certificate of good standing had not been issued by the state division of taxation stating that all taxes had been paid. In re Hoffman, 53 B.R. 874, 1985 Bankr. LEXIS 5132 (Bankr. D.R.I. 1985), aff'd, 65 B.R. 985, 1986 U.S. Dist. LEXIS 18774 (D.R.I. 1986).

A trustee in bankruptcy is entitled to transfer the debtor’s liquor license free and clear of any tax liabilities owed by the debtor/licensee to the state. In re Hoffman, 65 B.R. 985, 1986 U.S. Dist. LEXIS 18774 (D.R.I. 1986).

The tax administrator, as a creditor of a defendant (liquor licensee), is barred by § 3-5-19 from objecting to the transfer of the liquor license by the receiver pursuant to a court-authorized sale. 632 Metacom Assocs. v. Pub Dennis of Warren, Inc., 591 A.2d 379, 1991 R.I. LEXIS 91 (R.I. 1991).

To the extent that §§ 3-5-19 and 3-7-24 impose upon the tax administrator conflicting obligations, § 3-7-24 specifically repealed the inconsistent provisions of all preceding statutes, including § 3-5-19 , insofar as such statutes would attempt to prohibit the tax administrator from fulfilling his statutory obligation under § 3-7-24 to ensure that all delinquent state taxes have been paid prior to the transfer of a liquor license. 632 Metacom Assocs. v. Pub Dennis of Warren, Inc., 591 A.2d 379, 1991 R.I. LEXIS 91 (R.I. 1991).

The Rhode Island tax administrator cannot use this section as a cudgel to club a trustee in bankruptcy into submitting to the monetary demands of the division of taxation as a precondition to transfer of a debtor’s liquor license. In re Pub Dennis of Mineral Spring Ave., Inc., 126 B.R. 903, 1991 Bankr. LEXIS 706 (Bankr. D.R.I. 1991).

The state may not condition the transfer or renewal of a liquor license in a bankruptcy estate on the payment of pre-petition taxes, even though some or all of those taxes may represent so called “trust-fund” taxes. In re Gillson, 134 B.R. 702, 1991 Bankr. LEXIS 1846 (Bankr. D.R.I. 1991).

3-7-25. Sanitary conditions for dispensing of malt beverages or wine.

  1. Beer or wine pipe lines, faucets and barrel-tapping devices used for the dispensing of malt beverages or wine in places where the dispensing is carried on by licensees under this chapter shall be cleaned at least once every four (4) weeks by the use of a hydraulic pressure mechanism, hand-pump suction or a force cleaner or other system approved by the department or shall be permanently kept clean by a device approved by the department. After cleaning, the lines shall be rinsed with clear water until all chemicals, if any have been used, are removed. The cleaning equipment must be operated in conformance with the manufacturer’s recommendations.
  2. A record, the form of which shall be approved by the department, shall be used to record the dates and the methods used in cleaning of beer or wine pipe lines, coils, tubes and appurtenances. This record shall be signed by the person who performs the cleaning operation and countersigned by the licensee. The records shall be kept on the licensed premises for a period of one year from the date of the last entry and made available at all times for inspection by health enforcement and law enforcement officers.
  3. [Deleted by P.L. 2015, ch. 141, art. 20, § 1].

History of Section. P.L. 1985, ch. 76, § 1; P.L. 1992, ch. 183, § 1; P.L. 1996, ch. 100, art. 36, § 10; P.L. 2004, ch. 595, art. 30, § 2; P.L. 2015, ch. 141, art. 20, § 1.

3-7-26. Certain practices prohibited.

  1. No licensee, employee or agent of any licensee who operates under a license to sell alcoholic beverages shall:
    1. Cause or require any person or persons to buy more than one drink at a time by reducing the price of that drink;
    2. Increase the volume of alcohol contained in any alcoholic beverage without proportionately increasing the price;
    3. Sell, propose to sell or deliver to any person or persons an unlimited number of drinks during a certain period of time for a fixed price; or
    4. Allow or encourage any game or promotion on the premises which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as prizes for consumption on the premises.
    1. No licensee shall advertise or promote in any manner, or in any medium, happy hours, open bars, two-for-one nights and/or free drink specials.
    2. Any licensee is prohibited from knowingly allowing the use of its premises as part of an organized pub crawl, so-called. A pub crawl shall be defined as an organized event intended to promote the organized, commercial travel of significantly large groups of individuals between licensed premises for the primary purpose of consuming alcoholic beverages at more than one premise. Evidence of a pub crawl shall include, but not be limited by:
      1. The existence of advertising, flyers, tickets or other printed or electronic material promoting or describing a planned pub crawl;
      2. Organized, commercial transportation intended to move a total of fifty (50) or more individuals from one premise to another in an organized fashion; and
      3. Evidence of compensation paid to an organizer by participants in a pub crawl. The department of business regulation is authorized to promulgate rules and regulations consistent with this section.
  2. Nothing in this section shall be construed to prohibit a licensee from offering free food or entertainment at any time; or to prohibit licensees from including an alcoholic beverage as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit free wine tastings. Except as otherwise limited by this section, nothing contained in this section shall limit or may restrict the price which may be charged by any licensee for any size alcoholic beverage to be consumed on the licensed premises.
  3. Adherence to this section is deemed to be a condition attached to the issuance and/or continuation of every license to sell alcoholic beverages for consumption on the licensed premises, and this section shall be enforced by the applicable local licensing authority, its agents, and the department.
  4. The provisions of this section are deemed to be severable and any final decision by a court of competent jurisdiction holding that any provision of this section is void, shall not make void nor affect any of the remaining provisions of this section.

History of Section. P.L. 1985, ch. 345, § 1; P.L. 1996, ch. 100, art. 36, § 10; P.L. 2004, ch. 508, § 1; P.L. 2009, ch. 135, § 1; P.L. 2009, ch. 149, § 1.

Collateral References.

Solicitation: employees, regulations forbidding employees or entertainers from drinking or mingling with patrons, or soliciting drinks from them. 99 A.L.R.2d 1216.

3-7-27. Insurance requirements.

  1. In the town of Burrillville, an applicant for a license under this chapter shall file with the application a certificate of insurance evidencing commercial, general-liability and property-damage coverage in the minimum amount of three hundred thousand dollars ($300,000); or for a minimum amount to be set by ordinance. The certificate shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is given to the town of Burrillville and that the town of Burrillville is named as an additional insured. A licensee must be insured by a carrier licensed in this state.
  2. In the town of North Providence, an applicant for a license under this chapter shall file with the application a certificate of insurance evidencing commercial, general-liability, and property-damage coverage in the minimum amount of three hundred thousand dollars ($300,000); or for a minimum amount to be set by ordinance. The certificate shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is given to the town of North Providence, according to the terms of the insurance policy, and that the town of North Providence is named as an additional insured. A licensee must be insured by a carrier licensed in this state.

History of Section. P.L. 2005, ch. 359, § 1; P.L. 2005, ch. 420, § 1; P.L. 2014, ch. 58, § 1; P.L. 2014, ch. 144, § 1; P.L. 2017, ch. 182, § 2; P.L. 2017, ch. 364, § 2.

Compiler’s Notes.

P.L. 2017, ch. 182, § 2, and P.L. 2017, ch. 364, § 2 enacted identical amendments to this section.

Applicability.

P.L. 2017, ch. 182, § 3, provides that the amendment to this section by that act takes effect August 1, 2017, and shall apply to any new or renewed license issued or renewed on or after August 1, 2017.

P.L. 2017, ch. 364, § 3, provides that the amendment to this section by that act takes effect August 1, 2017, and shall apply to any new or renewed license issued or renewed on or after August 1, 2017.

3-7-28. Time for licensee to produce receipts and invoices to inspector.

  1. Holders of Class A licenses issued under title 3 of the general laws shall be required to maintain on the premises, and to produce upon demand by an inspector authorized to demand, any and all records of receipts and invoices for the purchase of alcoholic beverages.
  2. Holders of licenses other than Class A issued under title 3 of the general laws shall have not more than one business day to produce receipts and invoices for the purchase of alcoholic beverages when demanded by an inspector authorized to demand records of receipts and invoices. Nothing herein shall require such licensee to produce invoices and receipts upon demand.

History of Section. P.L. 2008, ch. 263, § 1; P.L. 2008, ch. 316, § 1.

3-7-29. Liquor liability insurance.

Any applicant or holder of any retail license for the sale of alcoholic beverages issued pursuant to this chapter, except those applicants for or holders of class F liquor licenses or class AS liquor licenses and except as provided in § 3-7-27 , shall file with the application a certificate of insurance evidencing commercial, general-liability, and liquor-liability and property-damage coverage in the minimum amount of three hundred thousand dollars ($300,000). Failure to maintain insurance as required by this section shall result in a revocation of the retail license unless the holder of the license reinstates insurance coverage within forty-eight (48) hours of notice of revocation. The certificate of insurance shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is given to the licensing authority.

History of Section. P.L. 2017, ch. 182, § 1; P.L. 2017, ch. 364, § 1.

Compiler’s Notes.

P.L. 2017, ch. 182, § 1, and P.L. 2017, ch. 364, § 1 both enacted versions of this section. The section is set out above as enacted by P.L. 2017, ch. 364, which was passed by the General Assembly on September 19, 2017. The version enacted by P.L. 2017, ch. 182, which was passed by the General Assembly on June 30, 2017, did not contain the language “or class AS liquor licenses” in the first sentence.

Applicability.

P.L. 2017, ch. 182, § 3, provides that this section takes effect August 1, 2017, and shall apply to any new or renewed license issued or renewed on or after August 1, 2017.

P.L. 2017, ch. 364, § 3, provides that this section takes effect August 1, 2017, and shall apply to any new or renewed license issued or renewed on or after August 1, 2017.

Chapter 8 Regulation of Sales

3-8-1. Sales on Sundays and holidays — Sales to underage persons, intoxicated persons, and persons of intemperate habits.

Licenses issued under this title shall not authorize the sale or service of beverages on Sunday, nor on Christmas day excepting licensed taverns, clubs, victualing houses, and retail Class F licensed places when served with food to guests, and except in places operated under a retail Class E license described in this title, and excepting the sale of wine or winery products at retail pursuant to § 3-6-1.1(e)(4) by holders of farmer-winery licenses and the serving of complimentary samples pursuant to § 3-6-1.1(g) by holders of farmer-winery licenses, except in cars or on passenger-carrying marine vessels operated by holders of Class G licenses, and except as otherwise provided herein. The department may limit the sale of beverages on passenger-carrying marine vessels to the hours from twelve o’clock (12:00) p.m. to six o’clock (6:00) p.m. on those days; nor shall they authorize the sale or delivery to any underaged person as defined in this title for purposes of sale, possession, and consumption of alcoholic beverages, either for his or her own use or for the use of his or her parents, or of any other person; or the sale of beverages to any intoxicated persons or to any person of notoriously intemperate habits. Places operating under a retail Class C license are authorized to be open for the sale of alcoholic beverages upon Columbus day, Armistice day, and Victory day, provided however, that a local board of license may authorize places operating under a Class C license to be open on New Year’s day. A Class C licensee may serve beverages on Sunday with the written approval of the local board of license, subject to the notice provisions of § 3-5-17 . Places operating under a retail Class A license are not authorized to be open for the sale of alcoholic beverages upon Thanksgiving day. Provided, however, that holders of Class A licenses may open from no earlier than ten o’clock (10:00) a.m. to no later than six o’clock (6:00) p.m. on Sundays, unless the following Monday is a holiday, in which event the holders may remain open no later than nine o’clock (9:00) p.m. the prior Sunday.

History of Section. P.L. 1933, ch. 2013, § 18; P.L. 1934, ch. 2088, § 5; P.L. 1936, ch. 2338, § 3; G.L. 1938, ch. 165, § 1; impl. am. P.L. 1939, ch. 660, § 120; P.L. 1953, ch. 3229, § 1; G.L. 1956, § 3-8-1 ; P.L. 1958, ch. 108, § 1; P.L. 1966, ch. 280, § 1; P.L. 1968, ch. 18, § 1; P.L. 1971, ch. 241, § 1; P.L. 1975, ch. 109, § 1; P.L. 1979, ch. 326, § 1; P.L. 1979, ch. 401, § 1; P.L. 1980, ch. 406, § 1; P.L. 1984, ch. 136, § 1; P.L. 1986, ch. 80, § 1; P.L. 1995, ch. 401, § 1; P.L. 1996, ch. 11, § 1; P.L. 1996, ch. 404, § 3; P.L. 2000, ch. 350, § 1; P.L. 2000, ch. 485, § 1; P.L. 2003, ch. 273, § 1; P.L. 2003, ch. 320, § 1; P.L. 2004, ch. 195, § 1; P.L. 2004, ch. 197, § 1; P.L. 2006, ch. 17, § 2; P.L. 2012, ch. 104, § 1; P.L. 2012, ch. 109, § 1; P.L. 2013, ch. 193, § 1; P.L. 2013, ch. 371, § 1; P.L. 2021, ch. 13, § 1, effective May 19, 2021; P.L. 2021, ch. 14, § 1, effective May 19, 2021.

Compiler's Notes.

P.L. 2021, ch. 13, § 1, and P.L. 2021, ch. 14, § 1 enacted identical amendments to this section.

Cross References.

Functions of department of business regulation, § 42-14-2 .

Licensing of pharmacies, § 5-19.1-1 et seq.

Comparative Legislation.

Regulation of sales:

Conn. Gen. Stat. § 30-91a.

Mass. Ann. Laws ch. 138, §§ 34, 69.

NOTES TO DECISIONS

Retroactive Applicability.

Since the cost-spreading purpose underlying the 1979 amendment to this section, prohibiting beverage sales to intoxicated persons, would not be significantly affected if the amendment were not retroactively applied, the reliance of a tavern on the preexisting law outweighed the public interest served by the retroactive application of the amendment and such application would be repugnant to due process. Lawrence v. Anheuser-Busch, Inc., 523 A.2d 864, 1987 R.I. LEXIS 451 (R.I. 1987).

Suspension of License.

In action for suspension of license because of sale to minor it was proper for liquor board, in notice to licensee, to charge a violation of this section rather than § 3-8-5 . Hallene v. Smith, 98 R.I. 360 , 201 A.2d 921, 1964 R.I. LEXIS 177 (1964).

Collateral References.

Discrimination: prices, validity of state statute or regulation fixing minimum prices at which alcoholic beverages may be sold at retail. 96 A.L.R.3d 639.

Employment: minor, what constitutes violation of enactment prohibiting sale of intoxicating liquor to minor. 89 A.L.R.3d 1256.

Interplay between Twenty-First Amendment and Commerce Clause concerning state regulation of intoxicating liquors. 116 A.L.R.5th 149.

Physicians, surgeons, and other healers: “sale” of liquor in violation of statute or ordinance, what constitutes. 89 A.L.R.3d 551.

Sales: holiday sales: validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays. 27 A.L.R.4th 1155.

Sales: religious holidays: validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays. 27 A.L.R.4th 1155.

Sunday or blue laws, validity, construction and effect of Sunday closing or blue laws. 10 A.L.R.4th 246.

3-8-1.1. Repealed.

History of Section. P.L. 1976, ch. 239, § 1; Repealed by P.L. 1980, ch. 142, § 1.

Compiler’s Notes.

Former § 3-8-1 concerned definition of minor under this chapter.

3-8-2. Age restriction for bartenders.

No person under the age of eighteen (18) may act as a bartender for the purposes of mixing, preparing, serving, or selling from a bar used for the purpose of dispensing beverages in any licensed establishment operating under a Class B-C-D-F or F1-G-J or K license.

History of Section. G.L. 1938, ch. 165, § 4; P.L. 1955, ch. 3614, § 1; P.L. 1962, ch. 209, § 1; P.L. 1976, ch. 239, § 2; P.L. 1980, ch. 142, § 2.

3-8-3. Suspension of license for employment of underage bartender.

Any licensee who violates, or permits to be violated, the provisions of § 3-8-2 is subject to the suspension of license for a period of at least three (3) calendar days for the first offense. If additional violations occur, the number of calendar days of suspension shall be determined by the department.

History of Section. G.L. 1938, ch. 165, § 5; P.L. 1955, ch. 3614, § 1; P.L. 1976, ch. 239, § 2; P.L. 1996, ch. 100, art. 36, § 11.

3-8-4. Drinking by or hiring of underage persons.

  1. Use of a credit card for the purchase of beverages may be permitted by all classes of license holders and, notwithstanding the purchase of alcoholic beverages by credit card, license holders shall not sell or furnish beverages to any person who has not reached his or her twenty-first (21st) birthday to drink any beverage upon any licensed premises.
  2. Licensees shall not hire any persons who have not reached their eighteenth (18th) birthday to sell or serve beverages in any place where those beverages may be consumed on the premises where sold.
  3. License holders may enforce a prohibition against any patron who has not reached his or her twenty-first birthday from entering the licensed establishment after ten o’clock (10:00) p.m..

History of Section. P.L. 1933, ch. 2013, § 19; P.L. 1934, ch. 2088, § 5; G.L. 1938, ch. 165, § 2; G.L. 1956, § 3-8-4 ; P.L. 1980, ch. 142, § 2; P.L. 1984, ch. 191, § 1; P.L. 1988, ch. 155, § 1; P.L. 1988, ch. 614, § 1; P.L. 2019, ch. 61, § 1; P.L. 2019, ch. 71, § 1.

Compiler’s Notes.

P.L. 2019, ch. 61, § 1, and P.L. 2019, ch. 71, § 1 enacted identical amendments to this section.

3-8-5. Penalty for violations relating to underage persons.

Any person who sells or suffers to be sold or delivered any beverage to a person who has not reached his or her twenty-first (21st) birthday either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her twenty-first (21st) birthday to drink beverages on premises licensed under this title or suffers or allows any persons who have not reached their eighteenth (18th) birthday to sell or serve any beverage on the premises shall for the first offense be subject to a fine of two hundred fifty dollars ($250); for the second offense, be subject to a fine of five hundred dollars ($500), and for the third and any subsequent offense, be subject to a fine of seven hundred fifty dollars ($750). In the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as a first offense. Nothing in this chapter shall be construed to prevent licensees from hiring any person who has reached his or her eighteenth birthday.

History of Section. P.L. 1933, ch. 2013, § 31; P.L. 1934, ch. 2088, § 8; G.L. 1938, ch. 165, § 3; P.L. 1949, ch. 2177, § 1; G.L. 1956, § 3-8-5 ; P.L. 1975, ch. 189, § 1; P.L. 1979, ch. 326, § 1; P.L. 1980, ch. 142, § 2; 1981, ch. 118, § 1; P.L. 1984, ch. 191, § 1.

NOTES TO DECISIONS

Effect of 1949 Amendment.

The 1949 amendment to this section did not repeal § 3-5-23 concerning revocation of a liquor dealer’s license, but rather the administrative provisions of that section operate concurrently with the provisions of this chapter. Di Traglia v. Daneker, 83 R.I. 227 , 115 A.2d 345, 1955 R.I. LEXIS 44 (1955).

Service to Minor.

Where liquor license was suspended for a violation of this section it was sufficient that there was evidence that liquor was served to a minor on the premises and it matters not whether the evidence was weak or strong or direct or circumstantial. Cesaroni v. O'Dowd, 94 R.I. 66 , 177 A.2d 777, 1962 R.I. LEXIS 29 (1962).

Collateral References.

Criminal responsibility of one authorized generally to sell intoxicating liquors for particular illegal sale thereof to minor by employee or agent. 139 A.L.R. 306.

Delivery of liquor to minor who purchases, or professes to be purchasing, for another as violation of statute against sale to minors. 114 A.L.R. 121.

Ignorance or mistake regarding purchaser’s age as affecting criminal offense of selling liquor to minor (or person under specified age). 12 A.L.R.3d 991.

3-8-5.1. Compliance check.

  1. As used in this section the term “compliance check” means the sending of a minor into a retail outlet to see if that minor could purchase alcohol. As used in this section the term “purchase survey” refers to compliance checks that are a part of a statewide survey.
  2. Underage individuals acting as agents for the state or municipal police department may purchase, with impunity from prosecution, alcohol for the purposes of law enforcement, provided that the underage individuals are supervised by an adult law enforcement official. Any individual participating in an unannounced compliance check and/or purchase survey must state his/her accurate age if asked by the employee of the licensed establishment being checked.
  3. If the compliance check is a part of a general enforcement operation and results in the sale of alcohol to the minor, the manager of the retail outlet shall be notified within 48 hours of the violation. If the compliance check is a part of a purchase survey and results in the sale of alcohol to the minor, the manager of the retail outlet shall be notified of the violation upon completion of the purchase survey in that community.

History of Section. P.L. 2003, ch. 205, § 1.

3-8-6. Unlawful drinking and misrepresentation by underage persons — Identification cards for persons twenty-one and older.

  1. It is unlawful for:
    1. A person who has not reached his or her twenty-first (21st) birthday to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages; or
    2. A person who has not reached his or her twenty-first (21st) birthday to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase, or have another purchase for him or her any alcoholic beverage; or
    3. A person to misrepresent or misstate his or her age, or the age of any other persons, or to misrepresent his or her age through the presentation of any of the following documents:
      1. An armed service identification card, valid passport, the identification card license, or any other documentation used for identification purposes that may belong to any other person who is twenty-one (21) years or older;
      2. A motor vehicle operator’s license that bears the date of birth of the licensee and that is issued by this state or any other state;
      3. A Rhode Island identification card, as defined in subsection (b), for the purpose of inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic beverage to a minor.
    1. The administrator of the division of motor vehicles shall issue to any person who has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or baptismal certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid immigrant or refugee document issued by the United States Citizenship and Immigration Services, including, but not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a form evidencing that the applicant is a current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals program, together with a document bearing the applicant’s signature.
    2. A person who has reached his or her fifty-ninth (59th) birthday is not required to pay the fee.
    3. Each registration card shall be subject to renewal every five (5) years upon payment of a fee of twenty-five dollars ($25).
    4. No person who holds an operator’s license issued by this state or any other state shall be issued a Rhode Island identification card.
    5. The identification card shall be signed by the administrator of the division of motor vehicles and by the applicant and his or her picture shall appear on the card along with the required information and the card shall be encased in laminated plastic. The card shall be two inches (2") in height and four inches (4") in length and shall be printed in the following form: Click to view
    6. The identification cards shall be produced at the adult correctional institutions if they have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards shall be manufactured by the lowest responsible bidder following advertisement for the solicitation of bids.
    7. The identification cards shall be clearly distinguishable from those issued pursuant to § 3-8-6.1 and operators’ and chauffeurs’ licenses issued pursuant to title 31.
    8. Any person who has been designated as permanently and totally disabled by the social security administration or who upon certification by an optometrist, ophthalmologist, or physician that a holder of a valid and current motor vehicle operator’s license is no longer able to operate a motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon request, a Rhode Island identification card for the unexpired term of the person’s motor vehicle operator’s license at no additional cost. Thereafter, a renewal of such card shall be subject to the standard renewal charge of twenty-five dollars ($25) until the person shall reach his or her fifty-ninth (59th) birthday.
    9. The administrator of the division of motor vehicles shall, upon presentation of a United States Department of Defense (DD) FORM 214 or other acceptable documentation of military service and verification of an honorable discharge, issue an identification card to the presenter that is clearly marked “veteran,” at no additional cost.
    1. Every retail Class A, B, C, and D licensee shall cause to be kept a book or photographic reproduction equipment that provides the same information as required by the book. That licensee or the licensee’s employee shall require any person who has shown a document as set forth in this section substantiating his or her age to sign that book or to permit the taking of his or her photograph and indicate what document was presented. Use of the photographic reproduction equipment is voluntary for every Class A, B, C and D licensee.
    2. The sign-in-as-minor book and photographic reproduction equipment shall be prescribed, published, and approved at the direction and control of the division. The book shall contain at least four hundred (400) pages; shall be uniform throughout the state; and shall be distributed at a cost not to exceed seven dollars ($7.00).
    3. If a person whose age is in question signs the sign-in-as-minor book or has a photograph taken before he or she is sold any alcoholic beverage and it is later determined that the person had not reached his or her twenty-first (21st) birthday at the time of sale, it is considered prima facie evidence that the licensee and/or the licensee’s agent or servant acted in good faith in selling any alcoholic beverage to the person producing the document as set forth in this section misrepresenting his or her age.
    4. Proof of good-faith reliance on any misrepresentation is a defense to the prosecution of the licensee and/or the licensee’s agent or servant for an alleged violation of this section.
    1. Any person who violates this section shall be punished for the first offense by a mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and shall be further punished by thirty (30) hours of community service and shall be further punished by a suspension of his or her motor vehicle operator’s license or driving privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by forty (40) hours of community service and will be further punished by a suspension of his or her motor vehicle operator’s license or driving privileges for a period of three (3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by fifty (50) hours of community service and will be further punished by a suspension of his or her motor vehicle operator’s license or driving privileges for a period of one year.
    2. Any suspension of an operator’s license or driving privilege pursuant to this section shall not operate to affect the insurance rating of the offender and any operator’s license or driving privilege suspended pursuant to this section shall be reinstated without further expense upon application.
  2. Within thirty (30) days after this incident the police chief of the city or town where the incident took place is directed to inform, in writing, the department of business regulation whether or not charges in accordance with this section have been preferred against a person who has not reached his or her twenty-first (21st) birthday and has violated this section. If no charge is brought against any person who has not reached his or her twenty-first (21st) birthday and has violated the provisions of this section, then the police chief of the city or town where the incident took place will state the reason for his or her failure to charge the person who has not reached his or her twenty-first (21st) birthday.
  3. The Rhode Island identification card may be withdrawn at any time for just cause, at the discretion of the administrator of the division of motor vehicles. The administrator of the division of motor vehicles shall keep a record of the cards issued and each card shall contain an identification number specifically assigned to the person to whom the card was issued.
  4. Issuance of a Rhode Island identification card under this section to a current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) program shall not confer the right to vote in the state of Rhode Island.

RHODE ISLAND IDENTIFICATION CARD Date Issued No. First Name Middle Name Last Name Address BIRTH RECORD Month Day Year Secure Color of Color of Sex Ht. Wt. Photo hair eyes by Pasting here Issued by Administrator of the Division of Motor Vehicles Administrator

History of Section. G.L. 1938, ch. 165, § 3; P.L. 1949, ch. 2177, § 1; R.P.L. 1957, ch. 144, § 1; P.L. 1958, ch. 66, § 1; P.L. 1966, ch. 124, § 1; P.L. 1969, ch. 225, § 1; P.L. 1973, ch. 218, § 1; P.L. 1976, ch. 239, § 2; P.L. 1980, ch. 142, § 2; P.L. 1983, ch. 44, § 1; P.L. 1984, ch. 191, § 1; P.L. 1985, ch. 67, § 1; P.L. 1985, ch. 68, § 1; P.L. 1986, ch. 140, § 1; P.L. 1987, ch. 64, § 1; P.L. 1988, ch. 335, § 1; P.L. 1988, ch. 498, § 1; P.L. 1988, ch. 590, § 1; P.L. 1989, ch. 134, § 1; P.L. 1990, ch. 65, art. 16, § 1; P.L. 1992, ch. 192, § 1; P.L. 1995, ch. 227, § 1; P.L. 1996, ch. 100, art. 36, § 11; P.L. 1998, ch. 343, § 1; P.L. 1998, ch. 395, § 1; P.L. 2003, ch. 387, § 1; P.L. 2003, ch. 391, § 1; P.L. 2004, ch. 307, § 1; P.L. 2007, ch. 122, § 1; P.L. 2007, ch. 191, § 1; P.L. 2008, ch. 129, § 1; P.L. 2008, ch. 200, § 1; P.L. 2010, ch. 23, art. 9, § 1; P.L. 2012, ch. 164, § 1; P.L. 2012, ch. 249, § 1; P.L. 2018, ch. 35, § 2; P.L. 2018, ch. 36, § 2.

Compiler’s Notes.

P.L. 2018, ch. 35, § 2, and P.L. 2018, ch. 36, § 2 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 35, § 3, provides that the amendment to this section by that act takes effect on December 3, 2018.

P.L. 2018, ch. 36, § 3, provides that the amendment to this section by that act takes effect on December 3, 2018.

Cross References.

Expunging conviction records of persons aged 18 to 21, § 3-8-12 .

Notice upon final conviction of violation, § 3-8-11.4 .

NOTES TO DECISIONS

Record Book.

The record book containing only a few recent signatures may be considered by the administrator in proceedings to revoke a license where licensee has sold alcoholic beverages to minors in violation of this section. Santos v. Smith, 99 R.I. 430 , 208 A.2d 524, 1965 R.I. LEXIS 457 (1965).

3-8-6.1. Identification cards for persons under the age of 21.

    1. The administrator of the division of motor vehicles shall issue to any person upon request, who is under twenty-one (21) years of age, an identification card upon payment of a fee of twenty-five dollars ($25.00), and, upon presentation of a certified birth or baptismal certificate, or U.S. or foreign passport, or U.S. naturalization certificate, or a valid immigrant or refugee document issued by the United States Citizenship and Immigration Services including, but not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a form evidencing that the applicant is a current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals program, together with a document bearing the applicant’s signature. No person who holds an operator’s license, issued by this state or any other state, shall be issued an identification card.
    2. The identification card shall be subject to renewal every five (5) years upon the payment of a fee of twenty-five dollars ($25.00).
    3. The identification card shall be signed by the administrator of the division of motor vehicles and also by the applicant, and his or her picture shall appear on the card along with the required information and the card shall be encased in laminated plastic. The card shall be two inches (2") in height and four inches (4") in length and shall be printed in the following form: Click to view
    4. The identification cards shall be produced at the adult correctional institution if they have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards shall be manufactured by the lowest responsible bidder following advertisement for the solicitation of bids.
    5. The identification cards shall be clearly distinguishable from those issued pursuant to § 3-8-6 and operators’ and chauffeurs’ licenses issued pursuant to title 31.
  1. The identification card may be withdrawn at any time for just cause, at the discretion of the administrator of the division of motor vehicles. The administrator of the division of motor vehicles shall keep a record of the cards issued and each card shall contain an identification number specifically assigned to the person to whom the card was issued.
  2. The administrator of the division of motor vehicles shall, upon presentation of a United States Department of Defense (DD) FORM 214 or other acceptable documentation of military service and verification of an honorable discharge, issue an identification card to the presenter that is clearly marked “veteran,” at no additional cost.
  3. Issuance of a Rhode Island identification card under this section to a current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) program shall not confer the right to vote in the state of Rhode Island.

IDENTIFICATION CARD Date Issued No. First Name Middle Name Last Name Address BIRTH RECORD Month Day Year Secure Color of Color of Sex Ht. Wt. Photo hair eyes by Pasting here Issued by Administrator of the Division of Motor Vehicles Administrator

History of Section. P.L. 1986, ch. 202, § 1; P.L. 1988, ch. 534, § 1; P.L. 1989, ch. 134, § 1; P.L. 1990, ch. 65, art. 16, § 1; P.L. 1998, ch. 343, § 1; P.L. 2010, ch. 23, art. 9, § 1; P.L. 2012, ch. 164, § 1; P.L. 2012, ch. 249, § 1; P.L. 2018, ch. 35, § 2; P.L. 2018, ch. 36, § 2.

Compiler’s Notes.

P.L. 2018, ch. 35, § 2, and P.L. 2018, ch. 36, § 2 enacted identical amendments to this section.

Effective Dates.

P.L. 2018, ch. 35, § 3, provides that the amendment to this section by that act takes effect on December 3, 2018.

P.L. 2018, ch. 36, § 3, provides that the amendment to this section by that act takes effect on December 3, 2018.

3-8-6.2. Unlawful use of identification cards.

  1. It shall be unlawful for any person:
    1. To display or cause or permit to be displayed or have in his or her possession any cancelled, revoked, suspended, fictitious, or fraudulently altered official Rhode Island identification card;
    2. To lend his or her Rhode Island identification card to any other person or knowingly permit the use of the card by another person;
    3. To display or represent as one’s own the Rhode Island identification card of another;
    4. To fail or refuse to surrender to the division of motor vehicles upon lawful demand any Rhode Island identification card which has been suspended, revoked, or cancelled;
    5. To use a false or fictitious name in any application for a Rhode Island identification card or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
    6. To knowingly permit any unlawful use of his or her Rhode Island identification card; and
    7. To aid or assist another to fraudulently obtain a Rhode Island identification card.
  2. Any violation of subdivisions (a)(1) through (a)(7) of this section is punishable as a misdemeanor.

History of Section. P.L. 1989, ch. 233, § 1; P.L. 1991, ch. 283, § 1.

3-8-6.3. Manufacture or distribution of fraudulent identification cards or licenses to operate a motor vehicle.

  1. It shall be unlawful for any person to manufacture or distribute a fraudulent identification card, as defined in §§ 11-18-20.1 and 3-8-6 , or a fraudulent license to operate a motor vehicle.
  2. Each incident of manufacturing or distributing a fraudulent identification card or a fraudulent license to operate a motor vehicle shall be considered a separate and distinct offense.
  3. Any person who violates subsection (a) of this section shall be guilty of a criminal violation and shall be subject to the following:
    1. For a first offense, a fine of not more than five hundred dollars ($500);
    2. For a second offense, a fine of not more than one thousand dollars ($1000);
    3. For a third or subsequent offense, a fine of not more than two thousand dollars ($2000).

History of Section. P.L. 2008, ch. 129, § 2; P.L. 2008, ch. 200, § 2.

3-8-7 — 3-8-8.1. Repealed.

Repealed Sections.

Sections 3-8-7 , 3-8-8, and 3-8-8.1 (P.L. 1959, ch. 147, § 1; P.L. 1975, ch. 225, § 1; P.L. 1996, ch. 100, art. 36, § 11), prohibiting price advertising of alcoholic beverages, were repealed by P.L. 1998, ch. 116, § 1, effective July 3, 1998, and by P.L. 1998, ch. 441, § 8, effective July 22, 1998. The price-advertizing prohibition was found unconstitutional in 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484, 116 S. Ct. 1495, 134 L. Ed. 2d 711 (1996).

3-8-9. Transportation of alcoholic beverages by underage persons.

  1. Any person who has not reached his or her twenty-first (21st) birthday and who operates a motor vehicle upon the public highways, except when accompanied by a parent, legal guardian, or another adult who is over the age of twenty-one (21) years and related, whether by blood, adoption or marriage, to the operator within the following degree of sanguinity: brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, great uncle or great aunt and, knowingly having liquor or intoxicating beverages in any form in containers, opened or unopened, in any part of the vehicle shall be guilty of a criminal violation. The words liquor and intoxicating beverages, as used in this section, have the same meaning as defined in chapter 1 of this title. This section does not apply to persons between the ages of sixteen (16) and twenty-one (21) who are transporting unopened alcoholic beverages in the course of their employment.
  2. Any person who violates subsection (a) of this section shall be subject to the following:
    1. For a first offense, a fine of not more than two hundred fifty dollars ($250) and have his or her license to operate a motor vehicle suspended for not more than thirty (30) days;
    2. For a second offense, a fine of not more than five hundred dollars ($500) and have his or her license to operate a motor vehicle suspended for not more than ninety (90) days;
    3. For a third or subsequent offense, a fine of no less than five hundred dollars ($500) nor more than nine hundred and fifty dollars ($950) and have his or her license to operate a motor vehicle suspended for one year.

History of Section. P.L. 1962, ch. 199, § 1; P.L. 1976, ch. 239, § 2; P.L. 1980, ch. 142, § 2; P.L. 1984, ch. 191, § 1; P.L. 2008, ch. 129, § 1; P.L. 2008, ch. 200, § 1.

Cross References.

Expunging conviction records of persons aged 18 to 21, § 3-8-12 .

3-8-10. Possession of beverage by underage persons.

Any person who has not reached his or her twenty-first (21st) birthday and has in his or her possession any beverage as defined in this title shall be fined one hundred fifty dollars ($150) to seven hundred fifty dollars ($750) for the first offense, three hundred dollars ($300) to seven hundred fifty dollars ($750) for the second offense, and four hundred fifty dollars ($450) to nine hundred fifty dollars ($950) for the third or subsequent offense. In addition, any person who violates this section shall be required to perform thirty (30) hours of community service and shall be subject to a minimum sixty (60) day suspension of his or her driver’s license, and upon a second offense may be ordered to undergo a substance abuse assessment by a licensed substance abuse professional.

History of Section. G.L. 1938, § 3-8-10 ; P.L. 1962, ch. 199, § 1; P.L. 1980, ch. 142, § 3; P.L. 1984, ch. 191, § 1; P.L. 1984, ch. 280, § 1; P.L. 1986, ch. 364, § 2; P.L. 1988, ch. 181, § 1; P.L. 1993, ch. 261, § 1; P.L. 2004, ch. 340, § 1; P.L. 2008, ch. 129, § 1; P.L. 2008, ch. 200, § 1.

3-8-11. [Reserved.]

3-8-11.1. Furnishing or procurement of alcoholic beverages for underage persons.

  1. As used in this section: (1) “furnish” means to provide with, supply, give or purchase; (2) “procure” means to get possession of, obtain by particular care and effort; and (3) “permit” means to give permission for, or approval of, the possession or consumption of an alcoholic beverage by any form of conduct, that would cause a reasonable person to believe that permission or approval has been given.
  2. Except as otherwise provided in subsection (d) of this section it is unlawful for any person twenty-one (21) years of age or older:
    1. to purchase from any licensee or any employee of a licensee any alcoholic beverage for the sale, delivery, service of or giving away to, any person who has not reached his or her twenty-first (21st) birthday;
    2. to purchase from any licensee or any employee of any licensee any alcoholic beverage with the intent to cause or permit said alcoholic beverage to be sold, or given to any person who has not reached his or her twenty-first (21st) birthday;
    3. to knowingly furnish any alcoholic beverage for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday;
    4. to procure alcoholic beverages for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday; or
    5. to otherwise permit the consumption of alcohol by underaged persons in his or her residence or on his or her real property.
  3. Any person, between the ages of eighteen (18) and twenty-one (21) years of age, who violates subsection (b) herein, may, upon conviction, be subject to a civil penalty of not more than five hundred dollars ($500). In addition, any person convicted may be required to attend an educational program approved by the department of health designed to recognize the dangers of underaged drinking, and may be subject to up to thirty (30) hours of community service.
  4. This section does not apply to use, consumption or possession of alcoholic beverages by a minor for religious purposes; or to a parent or legal guardian procuring or furnishing alcohol to, or permitting the consumption of alcohol by, his or her minor child or ward.
  5. Any person who violates this section will be subject to the penalties provided in § 3-8-11.2 .

History of Section. G.L. 1938, § 3-8-11.1 ; P.L. 1963, ch. 147, § 1; P.L. 1980, ch. 142, § 3; P.L. 1984, ch. 191, § 1; P.L. 2006, ch. 230, § 1; P.L. 2006, ch. 272, § 1; P.L. 2008, ch. 129, § 1; P.L. 2008, ch. 200, § 1; P.L. 2010, ch. 144, § 1.

NOTES TO DECISIONS

Liability.

It accorded with Rhode Island’s public policy against underage drinking to impose potential tort liability on a parent who allowed beer kegs at a high school graduation; foreseeability of an attack by a party crasher on a guest would have to be determined based on the facts developed at trial. Martin v. Marciano, 871 A.2d 911, 2005 R.I. LEXIS 71 (R.I. 2005).

3-8-11.2. Penalty for violation of § 3-8-11.1.

  1. Any person who violates § 3-8-11.1 and either pleads nolo contendere or is convicted of a first misdemeanor violation shall be punished by a fine of not less than three hundred fifty dollars ($350.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding six (6) months, or both.
  2. Any person who violates § 3-8-11.1 and either pleads nolo contendre or is convicted of a second misdemeanor violation shall be punished by a fine of not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding one year, or both.
  3. Any person who violates § 3-8-11.1 and either pleads nolo contendre or is convicted of a third or subsequent violation shall be guilty of a felony and shall be punished by a fine not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) and/or imprisonment not exceeding three (3) years. Any person convicted of a second or subsequent offense under of this section shall not have any fine suspended.

History of Section. G.L. 1938, § 3-8-11.2 ; P.L. 1963, ch. 147, § 1; P.L. 1983, ch. 247, § 1; P.L. 1985, ch. 266, § 1; P.L. 1987, ch. 78, § 12; P.L. 1988, ch. 214, § 1; P.L. 2006, ch. 230, § 1; P.L. 2006, ch. 272, § 1; P.L. 2008, ch. 129, § 1; P.L. 2008, ch. 200, § 1.

Cross References.

Expunging conviction records of persons aged 18 to 21, § 3-8-12 .

3-8-11.3. Agency or misrepresentation no defense.

It is no defense to a prosecution for a violation of § 3-8-11.2 , that in the transaction upon which the prosecution is based, any person who has not reached his or her twenty-first (21st) birthday acted as the agent or representative of another, or that the defendant dealt with any person who has not reached his or her twenty-first (21st) birthday as the agent or representative of another, or that any person who has not reached his or her twenty-first (21st) birthday misrepresented or misstated his or her age, or the age of any other person or misrepresented his or her age through the presentation of any of the documents set forth in of § 3-8-6(a)(3) .

History of Section. G.L. 1938, § 3-8-11.2 ; P.L. 1963, ch. 147, § 1; P.L. 1980, ch. 142, § 3; P.L. 1984, ch. 191, § 1.

3-8-11.4. Report of convictions involving altered or fraudulent driver’s license.

Upon final conviction of any person who has not reached his or her twenty-first (21st) birthday of having used an altered or fraudulent driver’s license for the purposes of causing the sale to him, her, or another of alcoholic beverages, the clerk of the court having jurisdiction of the cause shall, within ten (10) days of the time when the case is disposed of, cause to be sent to the administrator of the division of motor vehicles an abstract of the record of disposition of the case.

History of Section. G.L. 1938, § 3-8-11.4 ; P.L. 1965, ch. 180, § 2; P.L. 1980, ch. 142, § 3; P.L. 1984, ch. 191, § 1.

Cross References.

Misrepresentation of age by minor through presentation of driver’s license unlawful, § 3-8-6 .

3-8-12. Expungement of certain criminal records.

The court records of conviction of any person convicted of a violation of § 3-8-6 , 3-8-9 , or 3-8-10 , while between the age of eighteen (18) to twenty-one (21) shall be expunged without the requirement of filing a motion pursuant to chapter 1.3 of title 12; provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges and/or any other obligations imposed by the court have been paid and/or satisfied, or are reduced or waived by order of the court. The defendant shall be advised that any and all bail money relating to a case that remains on deposit and is not claimed at the time of expungement shall be escheated to the state’s general treasury in accordance with chapter 12 of title 8.

History of Section. G.L. 1938, § 3-8-12 , as assigned, P.L. 1972, ch. 60, § 1; P.L. 2015, ch. 97, § 1; P.L. 2015, ch. 109, § 1.

3-8-13. Use of alcoholic beverages in a licensed curriculum.

This chapter does not apply to a person who gives or causes to be given any alcoholic beverage to a student under the age of twenty-one (21) years, nor does this chapter apply to any of these students who receives any alcoholic beverage, if the beverage is delivered in a curriculum at an accredited college in which the student is required to taste or imbibe alcoholic beverages in courses which are part of the required curriculum, provided these alcoholic beverages are used only for instructional purposes during classes conducted pursuant to this curriculum.

History of Section. P.L. 1987, ch. 115, § 1.

3-8-14. Sale of beverages by bottle.

The department of business regulation shall adopt rules and regulations authorizing the holders of Class B-V licenses issued pursuant to this title to sell aquardiente by the bottle, for consumption on the premises of the license holder because this beverage is generally purchased by the bottle by ethnic tradition.

History of Section. P.L. 1997, ch. 202, § 1.

3-8-15. Sales of kegs of beer — Restrictions.

  1. Every retailer of kegs of beer shall affix a removable label to each keg of beer sold which shall contain the name, address, date of birth, type of identification document used to verify the date, and the last four (4) digits of the identification number of the document, of the person purchasing the keg and the following language: “Rhode Island law prohibits and imposes penalties for the sale, delivery, service of or giving away to, or causing, or permitting or procuring to be sold, delivered, served, or given away any alcoholic beverage to any person who has not reached his or her twenty-first (21st) birthday. A violation of this statute is an offense punishable by a fine of up to one thousand dollars ($1,000) and six (6) months imprisonment. Minimum fine for first offense is three hundred fifty dollars ($350). The purchaser shall not remove, deface or obliterate the keg label.” A keg without a label attached shall be subject to confiscation by the police. Removing or defacing a keg label shall be punishable by a fine not to exceed five hundred dollars ($500).
  2. The retailer shall maintain a copy of the keg label in a keg sales book and shall note on that copy whether the keg was returned with the keg label or not returned at all. The director of the department of business regulation shall develop regulations for the design and production of the keg labels. The director shall produce and issue uniform keg labels and keg sales books that shall be made available to the retailer at cost.
  3. The provisions of this section shall not apply to those classes of licensed beverage retailers which are prohibited by law from making off premises sales.
  4. The director of business regulation shall design a uniform keg label which fulfills the provisions of this section.

History of Section. P.L. 2002, ch. 115, § 1; P.L. 2004, ch. 142, § 1; P.L. 2004, ch. 147, § 1.

3-8-16. Restaurants: Off premise transportation of wine.

  1. Notwithstanding any provision of this chapter or in the Rhode Island general laws to the contrary, a holder of a retailer’s Class B license shall be permitted to provide to a patron, and the patron shall be allowed to retain and remove from the premises and transport the remains of any bottle of wine purchased by said patron in conjunction with a meal, subject to the following limitations and conditions:
    1. The patron purchased said wine in conjunction with the consumption of a full-course meal, defined herein as to include no less than an entrée meal, which shall be consumed on the premises;
    2. The license holder shall re-cork or seal said bottle of wine;
    3. The license holder shall place the bottle of wine in a container which shall be sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken;
    4. The license holder shall note the date of the meal on the container; and
    5. No more than one bottle may be removed at any one time.
  2. A patron who transports the remains of a bottle of wine, as provided herein, shall not be subject to the provisions of § 31-22-21.1 , provided, the patron places the container in the trunk area of a vehicle, or if the vehicle does not have a trunk, then the container shall be placed behind the last upright seat in the rear of the vehicle. While transporting said wine bottle the patron shall not cause the seal on said container to be removed or broken, and should such seal be so removed or broken as to allow access to the wine bottle, and/or if the bottle of wine is not placed in the area of a vehicle as required herein, then the patron shall be subject to the provisions and penalties of § 31-22-21.1 .

History of Section. P.L. 2006, ch. 199, § 1; P.L. 2006, ch. 331, § 1.

3-8-17. Possession or sale of powdered alcohol prohibited.

  1. It is unlawful for a person, firm, or corporation to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered alcohol, subject to the provisions of § 3-11-5 .
  2. This section shall not apply to the use of powdered alcohol for bona fide research purposes by: a health care provider that operates primarily for the purpose of conducting scientific research; a state institution; a private college or university; or a pharmaceutical or biotechnology company.

History of Section. P.L. 2016, ch. 11, § 2; P.L. 2016, ch. 12, § 2.

Compiler’s Notes.

P.L. 2016, ch. 11, § 2, and P.L. 2016, ch. 12, § 2 enacted identical versions of this section.

3-8-18. Possession or sale of alcohol without liquid device prohibited.

  1. It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess an alcohol-without-liquid device as defined in § 3-1-1 .
  2. This section shall not apply to a healthcare provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research.

History of Section. P.L. 2016, ch. 437, § 2; P.L. 2016, ch. 438, § 2.

Compiler’s Notes.

P.L. 2016, ch. 437, § 2, and P.L. 2016, ch. 438, § 2 enacted identical versions of this section.

Chapter 9 Adulterated Liquors

3-9-1. Appointment of assayer.

The director of business regulation may appoint an assayer of liquors, who shall perform the duties required by this chapter.

History of Section. G.L. 1896, ch. 151, § 1; P.L. 1901, ch. 809, § 33; G.L. 1909, ch. 177, § 1; G.L. 1923, ch. 208, § 1; P.L. 1935, ch. 2250, § 74; G.L. 1938, ch. 173, § 1; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-9-1 .

Cross References.

Functions of department of business regulation, § 42-14-2 .

Comparative Legislation.

Adulterated liquor:

Conn. Gen. Stat. §§ 30-99, 30-108 — 30-110.

Mass. Ann. Laws ch. 138, §§ 1 — 78.

3-9-2. Analysis of liquors on request.

The assayer shall analyze all spirituous and intoxicating liquors when required by the attorney general or by the sheriff of any county or by the chief of police of any town or city or by the department of business regulation.

History of Section. G.L. 1896, ch. 151, § 2; G.L. 1909, ch. 177, § 2; G.L. 1923, ch. 208, § 2; G.L. 1938, ch. 173, § 2; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-9-2 .

Collateral References.

Constitutionality of statute making certificate of result of chemical analysis of liquor, evidence. 29 A.L.R. 289.

3-9-3. Analysis fee.

For each analysis and certificate the sum of ten dollars ($10.00) shall be taxed as a part of the costs to be paid by the defendant in any criminal case when the analysis and certificate have been made.

History of Section. G.L. 1896, ch. 151, § 3; G.L. 1909, ch. 177, § 3; G.L. 1923, ch. 208, § 3; P.L. 1925, ch. 584, § 1; G.L. 1938, ch. 173, § 3; P.L. 1976, ch. 243, § 1.

3-9-4. Sale of impure or adulterated liquors — Misrepresentation of quality.

No person shall sell, keep for sale or offer to sell any impure or adulterated spirituous or intoxicating liquors, nor shall any person sell or keep for sale or offer for sale any liquors of quality inferior to what the liquors are represented to be.

History of Section. G.L. 1896, ch. 151, § 4; G.L. 1909, ch. 177, § 4; G.L. 1923, ch. 208, § 4; G.L. 1938, ch. 173, § 4; G.L. 1956, § 3-9-4 .

Cross References.

Adulterated foods, § 21-1-1 et seq.

Licensing of pharmacies, § 5-19.1-1 et seq.

3-9-5. Penalty for violations of § 3-9-4.

Any person keeping for sale or offering to sell or selling any liquors in violation of § 3-9-4 shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300) or be imprisoned in an adult correctional institution for a period not exceeding three (3) months.

History of Section. G.L. 1896, ch. 151, § 5; G.L. 1909, ch. 177, § 5; G.L. 1923, ch. 208, § 5; G.L. 1938, ch. 173, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 3-9-5 .

3-9-6. Sale of liquor with injurious ingredients.

Any person keeping for sale or offering to sell or selling any spirituous or intoxicating liquors which are adulterated with any poison or deleterious ingredients injurious to health, shall be fined not less than three hundred dollars ($300) nor more than five hundred dollars ($500) or be imprisoned in the adult correctional institution for not less than three (3) months nor more than six (6) months; and upon the second conviction of a violation of this or of any preceding section of this chapter, the person convicted shall be sentenced to be both fined and imprisoned.

History of Section. G.L. 1896, ch. 151, § 6; G.L. 1909, ch. 177, § 6; G.L. 1923, ch. 208, § 6; G.L. 1938, ch. 173, § 6; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 3-9-6 .

Cross References.

Furnishing wood alcohol for beverage purposes, § 11-16-4 .

3-9-7. Forfeiture of impure or adulterated liquors.

In addition to the penalties provided for keeping or for offering for sale, or for selling impure or adulterated liquors, all those impure or adulterated liquors and the casks, barrels, or other vessels containing those impure or adulterated liquors, are forfeited to the state, and the provisions of §§ 3-12-9 3-12-15 are made applicable as to authorize forfeitures of those impure or adulterated liquors and casks, barrels and other vessels containing those impure or adulterated liquors unlawfully possessed in the same manner as if those impure or adulterated liquors were mentioned in those sections.

History of Section. G.L. 1896, ch. 151, § 7; G.L. 1909, ch. 177, § 7; G.L. 1923, ch. 208, § 7; G.L. 1938, ch. 173, § 7; G.L. 1956, § 3-9-7 ; P.L. 1965, ch. 168, § 2.

Collateral References.

Innocent persons, forfeiture of interest of, in liquor sold in violation of local statutes. 47 A.L.R. 1083; 73 A.L.R. 1087; 82 A.L.R. 607; 124 A.L.R. 288.

Intoxicating liquors, sufficiency of warrant for search for. 3 A.L.R. 1514; 13 A.L.R. 1316; 27 A.L.R. 709; 39 A.L.R. 811; 74 A.L.R. 1418.

Jury trial in case of seizure of liquors. 17 A.L.R. 569; 50 A.L.R. 97.

Search of premises by police officers for liquor, injunction against. 36 A.L.R. 936.

Searches and seizures, injunction against. 175 A.L.R. 496.

3-9-8. Possession of impure or adulterated liquors as evidence of keeping for sale.

Having in possession, in a place of business or in any place, building, or dwelling where liquors are sold, of one gallon or upwards of impure or adulterated liquors is evidence that those impure or adulterated liquors are kept for sale by the person in whose possession those impure or adulterated liquors may be found.

History of Section. G.L. 1896, ch. 151, § 8; G.L. 1909, ch. 177, § 8; G.L. 1923, ch. 208, § 8; G.L. 1938, ch. 173, § 8; G.L. 1956, § 3-9-8 .

Collateral References.

Possession as evidence of violation of law, statute making. 31 A.L.R. 1222.

3-9-9. False assays.

Every assayer who gives any false certificate of the quality of liquors assayed under of this chapter shall be imprisoned three (3) months.

History of Section. G.L. 1896, ch. 151, § 9; G.L. 1909, ch. 177, § 9; G.L. 1923, ch. 208, § 9; G.L. 1938, ch. 173, § 9; G.L. 1956, § 3-9-9 .

3-9-10. Acceptance of gifts by assayers.

No assayer appointed under this chapter shall accept any reward or gratuity from any person in any way engaged in the sale of liquors, and every assayer receiving a reward or gratuity shall be fined one hundred dollars ($100) or be imprisoned not exceeding three (3) months.

History of Section. G.L. 1896, ch. 151, § 10; G.L. 1909, ch. 177, § 10; G.L. 1923, ch. 208, § 10; G.L. 1938, ch. 173, § 10; G.L. 1956, § 3-9-10 .

3-9-11. Civil liability for adulteration — Unlawful homicide.

Any person who, by the use of wood alcohol or other similar substance, adulterates any liquid intended to be used as a drink by a human being, is liable in treble damages to any person who consumes that adulterated preparation which the party consuming that adulterated preparation suffers. If the party consuming that adulterated preparation dies within one year after consuming that adulterated preparation, as a result of the consumption, the party guilty of the adulteration is deemed guilty of unlawful homicide in any degree in which the jury trying the case finds.

History of Section. P.L. 1933, ch. 2013, § 78; G.L. 1938, ch. 170, § 1; G.L. 1956, § 3-9-11 .

Cross References.

Homicide, § 11-23-1 et seq.

Wood alcohol, unlawful sale or possession, penalties, § 21-30-4 .

Collateral References.

Intoxicating liquor or drugs, criminal responsibility of one unlawfully furnishing, for death resulting from its use. 32 A.L.R.3d 589.

Liability for death by suicide under civil damage acts. 58 A.L.R.3d 828.

What constitutes “injury in person or property” within civil damage or dramshop act. 6 A.L.R.2d 798.

Chapter 10 Taxation of Beverages

3-10-1. Manufacturing tax rates — Exemption of religious uses.

  1. There shall be assessed and levied by the tax administrator on all beverages manufactured, rectified, blended, or reduced for sale in this state a tax of three dollars and thirty cents ($3.30) on every thirty-one (31) gallons, and a tax at a like rate for any other quantity or fractional part. On any beverage manufactured, rectified, blended, or reduced for sale in this state consisting, in whole or in part, of wine, whiskey, rum, gin, brandy spirits, ethyl alcohol, or other strong liquors (as distinguished from beer or other brewery products), the tax to be assessed and levied is as follows:
    1. Still wines (whether fortified or not), one dollar and forty cents ($1.40) per gallon;
    2. Still wines (whether fortified or not) made entirely from fruit grown in this state, thirty cents ($.30) per gallon;
    3. Sparkling wines (whether fortified or not), seventy five cents ($.75) per gallon;
    4. Whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in whole or in part of alcohol that is the product of distillation, five dollars and forty cents ($5.40) per gallon, except that whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting, in whole or in part, of alcohol that is the product of distillation but that contains alcohol measuring thirty (30) proof or less, one dollar and ten cents ($1.10) per gallon;
    5. Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50) per gallon; and
    6. Ethyl alcohol to be used for nonbeverage purposes, eight cents ($.08) per gallon.
  2. Sacramental wines are not subject to any tax if sold directly to a member of the clergy for use by the purchaser or his or her congregation for sacramental or other religious purposes.
  3. A brewer who brews beer in this state that is actively and directly owned, managed, and operated by an authorized legal entity that has owned, managed, and operated a brewery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first one hundred thousand (100,000) barrels of beer that it produces and distributes in this state in any calendar year. A barrel of beer is thirty one (31) gallons.
  4. A distiller who distills spirits in this state that is actively and directly owned, managed, and operated by an authorized legal entity that has owned, managed, and operated a distillery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first fifty thousand (50,000) gallons of distilled spirits that it produces and distributes in this state in any calendar year.

History of Section. P.L. 1933, ch. 2013, § 40; P.L. 1934, ch. 2088, § 10; P.L. 1936, ch. 2337, § 1; G.L. 1938, ch. 167, § 1; P.L. 1940, ch. 815, § 2; P.L. 1947, ch. 1887, art. 7, § 1; G.L. 1956, § 3-10-1 ; P.L. 1958, ch. 17, art. 1, § 1; P.L. 1969, ch. 197, art. 5, § 1; P.L. 1978, ch. 223, § [3a]; P.L. 1979, ch. 174, art. 7, § 9; P.L. 1980, ch. 372, § 1; P.L. 1983, ch. 308, § 1; P.L. 1989, ch. 126, art. 14, § 1; P.L. 1997, ch. 30, art. 35, § 1; P.L. 2013, ch. 144, art. 9, § 8; P.L. 2014, ch. 145, art. 12, § 10; P.L. 2014, ch. 528, § 1; P.L. 2015, ch. 141, art. 11, § 8; P.L. 2016, ch. 142, art. 13, § 2.

Cross References.

Assessment and collection by tax administrator, § 44-1-2 .

Functions of department of business regulation, § 42-14-2 .

Comparative Legislation.

Taxation:

Conn. Gen. Stat. § 12-433 et seq.

Mass. Ann. Laws ch. 138, § 28.

Collateral References.

Advertising and advertisements: privilege tax: advertising space or services, sales, use, or privilege tax on sales of, or revenues from sales of advertising. 40 A.L.R.4th 1114.

Intoxicating liquors as subject to taxation. 160 A.L.R. 1227.

3-10-1.1. Alcoholic beverage floor stock tax.

  1. Each person, firm, or corporation licensed to sell intoxicating beverages at wholesale or retail in this state shall pay to the state for the privilege of engaging in this business during any part of the calendar year 1989, an excise tax at the following rates on all of these beverages held by the licensee in this state on June 30, 1989.
    1. Still wines (whether fortified or not), 20¢ per gallon;
    2. Still wines (whether fortified or not) made entirely from fruit grown in this state, 10¢ per gallon;
    3. Sparkling wines (whether fortified or not), 25¢ per gallon;
    4. Whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in whole or in part of alcohol which is the product of distillation, $1.25 per gallon;
    5. Ethyl alcohol to be used for beverage purposes, $2.50 per gallon;
    6. Ethyl alcohol to be used for nonbeverage purposes, 3¢ per gallon;
    7. Beer or other malt beverages, $1.00 per 31 gallons

      and a tax at a like rate for any other quantity or fractional part.

  2. Each licensee subject to the payment of the tax imposed shall, on or before July 10, 1989, file a return, under oath or certified under the penalties of perjury, with the tax administrator on forms furnished by the tax administrator, showing the amount of gallons of each of the beverages named in subsection (a) in each licensee’s possession in this state on June 30, 1989, and the amount of tax due, and at the time of this filing pay the tax due to the tax administrator. Failure to obtain these forms shall not be an excuse for the failure to make a return containing the information required by the tax administrator.
  3. The tax administrator may prescribe rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed in this section.
  4. Any licensee subject to the payment of the tax imposed in this section who fails or refuses to make this return when due or who makes any false or fraudulent return shall be guilty of a misdemeanor and shall for each offense be fined not to exceed five thousand dollars ($5,000).
  5. If the tax imposed in this section is not paid within fifteen (15) days after the tax becomes due and payable, the tax administrator shall proceed to the collection of the tax, as in other cases the tax administrator is directed to proceed under § 44-1-29 . The tax administrator shall, in addition to this directed procedure, certify the fact of the delinquency to the department of business regulation and the department shall proceed in the same manner as it is directed to proceed in § 3-10-8 upon the certification to it of a tax delinquency.

History of Section. P.L. 1989, ch. 126, art. 14, § 2.

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-2. Export permits — Tax exemption.

Whenever a manufacturer has reason to ship any beverage out of this state and it is intended that the beverage shall be consumed beyond the borders of this state, the manufacturer may secure a shipping permit from the department of business regulation and the quantity of beverage which shall in fact be shipped out of this state and consumed beyond its borders shall not be subject to the tax imposed by this title. The department, however, is given full powers to make any investigation with respect to any shipment or shipments with a view to ascertaining whether or not the beverage securing tax exemption under this section is in fact shipped out of this state and remains permanently beyond its borders. In case any manufacturer or his or her agents, or other representatives, falsely pretend to ship beverage beyond this state for the purpose of evading the tax imposed upon that beverage by this title, his or her license issued under this title shall become void.

History of Section. P.L. 1933, ch. 2013, § 41; G.L. 1938, ch. 164, § 12; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-2 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-3. Reports and information required of manufacturers.

In order to aid in the assessment, levy, and collection of the tax imposed by § 3-10-1 , the department of business regulation may of its own motion or at the request of the tax administrator require each manufacturer to furnish any reports, statements, and inventories as shall be needful or helpful in determining the amount of the tax, and for that purpose the department or its agents may make any examination and investigation and take inventories and do any other acts as are necessary to insure a full disclosure of the quantity of beverages subject to the tax. All reports, statements, inventories, and investigation results are open to the tax administrator to aid him or her in assessing the tax imposed by this chapter. The director of business regulation and the tax administrator shall carry out and enforce the provisions of this section.

History of Section. P.L. 1933, ch. 2013, § 40; P.L. 1934, ch. 2088, § 10; P.L. 1936, ch. 2337, § 1; G.L. 1938, ch. 167, § 1; P.L. 1940, ch. 815, § 2; G.L. 1956, § 3-10-3 .

3-10-4. Monthly returns by manufacturers — Payment of tax.

Any person holding a manufacturer’s license issued under this title, shall, on or before the tenth (10th) day of every month, or at the discretion of the tax administrator on a quarterly basis, return to the tax administrator under the oath of its treasurer, or person performing the duties of treasurer, or of an authorized agent or officer as of the last day of the month preceding, a statement showing its name and location, the quantity of beverage in gallons manufactured and sold by it within the month preceding or during the quarter ending the last day of the preceding month if on a quarterly basis and any other information as the administrator shall require. The amount of the tax shall be paid to the general treasurer within fifteen (15) days following its assessment.

History of Section. P.L. 1933, ch. 2013, § 42; G.L. 1938, ch. 167, § 2; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 3-10-4 ; P.L. 1992, ch. 374, § 1.

3-10-5. Information supplemental to returns — Audit of books.

  1. The tax administrator may at any time request further information from any person or from the officers and employees of any corporation that he or she may deem necessary to verify, explain, or correct any return made in pursuance of the provisions of this chapter, and for the like purpose, the administrator or his or her authorized agent may examine the books of account of that person or corporation during business hours.
  2. Each Class A licensee authorized to sell intoxicating beverages at wholesale or retail in this state shall file an annual report on or before February 1 with the division of taxation in the form required by the tax administrator. Such report shall include, but not be limited to, total sales of alcoholic beverages, sales tax, and excise tax collections on such sales for the immediately preceding calendar year. Annually, on or before May 1, the tax administrator shall prepare and submit to the chairs of the house and senate finance committees a report reflecting data from the annual reports submitted by said licensee to the division of taxation. The tax administrator’s report shall compile total sales of alcoholic beverages, sales tax, and excise tax collections by county.

History of Section. P.L. 1933, ch. 2013, § 44; G.L. 1938, ch. 167, § 4; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 3-10-5 ; P.L. 2012, ch. 241, art. 21, § 15; P.L. 2013, ch. 144, art. 9, § 9; P.L. 2014, ch. 528, § 1.

3-10-6. Orders to produce evidence or permit examination.

If any officer or employee of any person or any corporation refuses to give to the tax administrator or his or her authorized agent any information reasonably necessary for the determination of the tax assessed under this chapter, or refuses to permit any examination of the books of that person or corporation reasonably necessary for the purpose, the administrator may take the proceedings set forth in § 44-11-24 , and the district court is empowered to proceed to hear and determine the matter and to issue any orders as authorized by that section. A party aggrieved by an order of the court may appeal that order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.

History of Section. P.L. 1933, ch. 2013, § 45; G.L. 1938, ch. 167, § 5; impl. am. P.L. 1939, ch. 660, § 70; P.L. 1976, ch. 140, § 2.

3-10-7. Assessment in absence of return — Interest.

Whenever the tax administrator ascertains that any person subject to the tax imposed by this chapter has failed to make the return required by § 3-10-4 , the administrator shall proceed to assess the tax from any information he or she can obtain for any prior month for which no return has been made with interest at the rate of eight per cent (8%) per annum from the time when the tax should in fact have been paid.

History of Section. P.L. 1933, ch. 2013, § 43; G.L. 1938, ch. 167, § 3; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 3-10-7 .

3-10-8. Collection of delinquent taxes — Suspension of license.

If the tax provided for by this chapter is not paid to the general treasurer within fifteen (15) days after the tax becomes due and payable, the general treasurer, attorney general, and other officials shall proceed to collect the tax in the same manner as they are directed in other cases to proceed under § 44-13-33 . In addition to the procedure above directed, the general treasurer shall, if the tax remains unpaid for the period of thirty (30) days after the tax becomes due and payable, certify the fact of delinquency to the department of business regulation, and it is the duty of that department to immediately notify the delinquent that in case the tax is not paid to the general treasurer within ten (10) days after the giving of the notice, the license of the delinquent will be and remain suspended until all delinquent taxes of the licensee are paid. Upon the expiration of that ten (10) days the department shall, in case all the licensee’s taxes as provided for have not been paid, suspend the license of the delinquent until all of those taxes are paid in full.

History of Section. P.L. 1933, ch. 2013, § 46; P.L. 1935, ch. 2271, § 1; G.L. 1938, ch. 167, § 6; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-8 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-9. Information confidential — Appeal of assessments.

The provisions of § 44-11-21 are applicable to the persons and corporations concerned in the assessment, levy, and collection of the tax imposed by this chapter.

History of Section. P.L. 1933, ch. 2013, § 45; G.L. 1938, ch. 167, § 5; G.L. 1956, § 3-10-9 ; P.L. 1982, ch. 388, § 17.

3-10-10. Repealed.

History of Section. P.L. 1933, ch. 2013, § 42; G.L. 1938, ch. 167, § 2; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 3-10-10 ; Repealed by P.L. 1987, ch. 118, art. 7, § 5, effective June 22, 1987.

Compiler’s Notes.

Former § 3-10-10 concerned disposition of tax proceeds.

3-10-11. Limit on wholesaler’s profits — Payment of excess to state.

Every holder of a wholesaler’s license is entitled only to retain for himself or herself those profits in his or her business as are necessary to repair loss or shrinkage in his or her capital invested in the business plus nine percent (9%) per annum cumulatively upon the amount of capital actually invested in the business. All profits in excess of that amount shall be paid annually by the wholesaler to the treasurer of the state for its own use.

History of Section. P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; G.L. 1956, § 3-10-11 .

3-10-12. Sale of distillery and winery products — Records of wholesalers.

Sale of the products of a distillery or a winery shall be made only to holders of wholesale licenses under this title. Every wholesaler shall keep separate accounts of the business conducted under his or her license in any form as shall be approved by the department of business regulation. The accounts shall be open to inspection by the department at all reasonable times.

History of Section. P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-12 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-13. Rules and regulations.

The department has the power to establish rules and regulations for the purpose of ascertaining the profits which the wholesalers make in the operation of their business and to require that all profits in excess of those permitted shall be paid as is provided to the general treasurer.

History of Section. P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-13 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-14. Brewers exempt from §§ 3-10-11 — 3-10-13.

The provisions of §§ 3-10-11 3-10-13 shall not apply to brewers holding a manufacturer’s license.

History of Section. P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; G.L. 1956, § 3-10-14 .

3-10-15. Retaliatory service charge on imported beverages.

Whenever the law or any order, rule, or regulation of any other state of the United States or of any foreign sovereignty having the force of law operates as to expose beverages manufactured in this state to liability to any tax, assessment, impost, or other charge which is intended to give or has in practice the effect of giving any beverage manufactured in the state or sovereignty in question a market advantage over beverages manufactured in this state and transported to and intended to be sold in that state or sovereignty, then the service charge authorized by § 3-10-16 , imposed or to be imposed upon beverages manufactured or exported from that state or sovereignty into this state shall be in an amount at least equal to the tax, assessment, impost, or other charge imposed by that state or sovereignty upon the like beverages manufactured in this state and shipped into that state or sovereignty. In case, in the judgment of the department of business regulation, a service charge equal to that tax, assessment, impost, or other charge is not sufficient to bring about the removal of the discrimination against beverages manufactured in this state in favor of beverages manufactured in that state or sovereignty, then the department shall impose any additional service charge or charges as in its judgment will be adequate to that end.

History of Section. P.L. 1933, ch. 2013, § 40; P.L. 1937, ch. 2523, § 1; G.L. 1938, ch. 167, § 8; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-15 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-16. Reciprocal license and requirements for importation of malt beverages.

Any person, firm, or corporation located in another state and engaged in the business of manufacturing or selling malt beverages, who transports or causes to be transported malt beverages into this state for sale or consumption in this state, shall pay an annual fee equal in amount to the license or other fees which that other state requires to be paid by a person, firm, or corporation located in this state by reason of the transportation of those beverages from this state into that other state or the sale of those beverages to a person, firm, or corporation located in that other state or otherwise; and shall perform all other duties, including the filing of bonds and certificates of approval, which that other state requires to be performed by a person, firm, or corporation located in this state as a condition precedent to the transportation of those beverages from this state into that other state or the sale of those beverages to a person, firm, or corporation located in that other state. Whenever an order for the importation of beverages is placed with the department of business regulation under this section, the department shall determine what fee or fees must be paid and what other conditions precedent must be performed under this section by the person, firm, or corporation by which that order is placed and to which that order is to be forwarded, and shall refuse to forward that order until the fee or fees have been paid and any other conditions precedent performed. The fee or fees shall be paid to the general treasurer for the use of the state.

History of Section. P.L. 1933, ch. 2013, § 86; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 11; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-16 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-17. Tax on imported malt beverages.

There is imposed on all malt beverages imported into this state from another state under the provisions of § 3-10-16 :

  1. A tax on every thirty-one (31) gallons, which tax is equal to the amount by which the sum of the taxes on those beverages, or on the sale of a like quantity of those beverages, shipped from this state into that other state, imposed by that other state from which those beverages are imported, when added to the service charges imposed by that other state in connection with the shipment into that other state, is in excess of the sum of the taxes imposed by that other state on those beverages, or on the sale of those beverages, manufactured within that other state when added to the service charges imposed by that other state in connection with the sale of those beverages manufactured within that other state; and
  2. A tax at a like rate for any other quantity or for any fractional part.

History of Section. P.L. 1933, ch. 2013, § 84; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 9; G.L. 1956, § 3-10-17 .

3-10-18. Payment of malt beverage tax.

A person who has placed an order with the department of business regulation for the importation of malt beverages into this state under the provisions of § 3-10-16 , shall file a duplicate copy of that order with the tax administrator. The administrator shall determine the amount of tax due in connection with that order under the provisions of § 3-10-17 . Notice of the amount of the tax determined shall be certified to the general treasurer. The tax shall be paid to the general treasurer as a condition precedent to the forwarding of the order by the department of business regulation. If the order is placed by a licensee who engages to store the beverages ordered or any part of them in the warehouse of the department of business regulation, then the payment of the tax may be deferred until the beverages are withdrawn from the warehouse, and in that case as beverages are withdrawn the tax shall be paid.

History of Section. P.L. 1933, ch. 2013, § 85; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 10; impl. am. P.L. 1939, ch. 660, §§ 70, 120; G.L. 1956, § 3-10-18 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-19. Refunds on import orders not filled.

Whenever these import orders shall not be filled after the tax in connection with these import orders has been paid, the general treasurer shall, upon receiving any proof, as may be satisfactory to the department of business regulation, refund the amount of the tax to the person by whom it was paid.

History of Section. P.L. 1933, ch. 2013, § 85; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 10; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-19 .

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

3-10-20. Appeals.

Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth division district court pursuant to chapter 35 of title 42.

History of Section. P.L. 1933, ch. 2013, § 85; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 10; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 3-10-20 ; P.L. 1982, ch. 388, §§ 3, 4.

3-10-21. Refund of taxes and service fees on lost, unmarketable, or condemned beverages.

  1. Holders of manufacturer’s, wholesaler’s, and retailer’s licenses issued pursuant to this title shall, upon claim made to the liquor control administrator, receive a refund of any taxes and service fees previously paid on alcoholic beverages, which were lost, rendered unmarketable, or condemned by an authorized official by reason of:
    1. Fire, flood, casualty, or other disaster; or
    2. Breakage, destruction, or other damage (but not including theft) resulting from vandalism or malicious mischief, if this disaster or damage occurred in this state and if these alcoholic beverages were held and intended for sale at the time of this disaster or other damage. Refunds provided in this section shall be made to the person holding the alcoholic beverages for sale at the time of the disaster or other damage.
  2. No refund shall be allowed under this section unless:
    1. A claim is filed within six (6) months after the date upon which the alcoholic beverages were lost, rendered unmarketable or condemned by an authorized official; and
    2. The claimant furnishes satisfactory proof to the liquor control administrator that the claimant:
      1. Was not indemnified by any valid claim of insurance or otherwise in respect of the taxes or service fees on the alcoholic beverages covered by the claim; and
      2. Is entitled to payment under this section.
  3. No claim of less than one hundred dollars ($100) is allowed under this section with respect to any disaster or other damage (as the case may be).
  4. When payment has been made under this section in respect of the tax or service fee on the alcoholic beverages condemned by an authorized official or rendered unmarketable, the alcoholic beverages shall be destroyed under the supervision as the liquor control administrator may prescribe, unless the alcoholic beverages were previously destroyed under supervision satisfactory to the liquor control administrator.

History of Section. P.L. 1987, ch. 92, § 1.

Compiler’s Notes.

Section 3 of P.L. 1996, ch. 100, art. 12, provides that in any general or special law reference to the department of business regulation regarding the collection of revenues from the importation of tax on alcoholic beverages shall be construed to refer to the division of taxation within the department of administration, any reference to the director of business regulation or the liquor control administrator, with reference to the collection of alcoholic beverage revenues, shall be construed to refer to the tax administrator within the department of administration, and any revenue collection duties conferred upon the department of business regulation, the director of business regulation or the liquor control administrator shall be construed to refer to the department of administration division of taxation or the tax administrator; provided, however, that the tax administrator may delegate in writing to the director of business regulation or the liquor control administrator such duties and responsibilities as he or she may deem appropriate.

Repealed Sections.

For repeal of the former section, see the note under this heading following §§ 3-10-22 — 3-10-25.

3-10-22 — 3-10-25. Repealed.

Repealed Sections.

These sections and former § 3-10-21 (P.L. 1958, ch. 17, art. 9, § 1) were repealed by P.L. 1969, ch. 197, art. 6, § 6.

Chapter 11 Penalties and Liabilities

3-11-1. Repealed.

History of Section. P.L. 1933, ch. 2013, § 69; G.L. 1938, ch. 168, § 1; G.L. 1956, § 3-11-1 ; P.L. 1985, ch. 430, § 1; Repealed by P.L. 1986, ch. 537, § 1. Section 2 of P.L. 1986, ch. 537 provides that the repeal of this section by that Act shall take effect upon passage (June 25, 1986) and apply only to causes of action arising on or after that date. For present provisions of law, see § 3-14-1 et seq.

Compiler’s Notes.

Former § 3-11-1 concerned liability for furnishing liquor to intoxicated persons.

3-11-2. Habitually intemperate persons — Notice by family or employer — Liability of notified persons.

The husband, wife, parent, child, guardian, or employer of any person who has the habit of drinking intoxicating beverages to excess may give notice, in writing, signed by him or her, to any person requesting him or her not to sell or deliver intoxicating beverage to the person having that habit. If the person, so notified, at any time within twelve (12) months sells or delivers any intoxicating beverage to the person having that habit, or permits that person to loiter on his or her premises, the person giving the notice may in a civil action recover from the person notified any sum as may be assessed as damages; provided, the employer giving the notice shall be injured in his or her person, business or property. A married person may bring the action in his or her own name, and all damages recovered by him or her shall enure to his or her separate use. In case of the death of either party, the action and right of action shall survive to or against the executor or administrator.

History of Section. P.L. 1933, ch. 2013, § 70; G.L. 1938, ch. 168, § 2; G.L. 1956, § 3-11-2 ; P.L. 1998, ch. 441, § 9.

Comparative Legislation.

Sales to habitually intemperate persons:

Conn. Gen. Stat. § 30-86.

Collateral References.

Ignorance of the fact of posting or as to identity of the person posted as affecting liability under civil damage acts. 124 A.L.R. 1521.

3-11-3. Actions for beverages unlawfully sold.

No action of any kind shall be had or maintained in any court of this state for the value of any beverage drunk upon the premises of the seller or for the possession or value of any beverages held, purchased, or sold contrary to this title.

History of Section. P.L. 1933, ch. 2013, § 76; G.L. 1938, ch. 169, § 1; G.L. 1956, § 3-11-3 .

Comparative Legislation.

Prohibited acts, penalties and procedure:

Conn. Gen. Stat. § 30-74 et seq.

3-11-4. Unlawful possession of corks, seals, and labels.

  1. The possession of crowns, corks, seals, wrappers, containers, or labels of, on or for beverages, whether those crowns, corks, seals, wrappers, containers, or labels are real or imitation, by a person not the proprietor or the authorized agent of the proprietor of the beverage represented by those crowns, corks, seals, or labels, or said to be contained in those wrappers or containers, is declared to be unlawful and every person in possession of those crowns, corks, seals, wrappers, containers, or labels shall be fined or imprisoned, or both, as provided in § 3-11-5 .
  2. This section shall not apply to crowns, corks, seals, wrappers, or labels on or to containers of beverages which were marketed by the proprietor, if the person in possession of those crowns, corks, seals, wrappers, or labels does not intend to use them or to abet another in using them in connection with the sale of beverages. The provisions of §§ 3-12-9 3-12-15 are made applicable so as to authorize forfeitures of crowns, corks, seals, wrappers, labels, and containers unlawfully possessed in the same manner as if those crowns, corks, seals, wrappers, labels, and containers were mentioned in those sections.

History of Section. P.L. 1933, ch. 2013, § 36, as enacted by P.L. 1934, ch. 2088, § 9; G.L. 1938, ch. 170, § 3; G.L. 1956, § 3-11-4 ; P.L. 1965, ch. 168, § 3.

Cross References.

Registration and protection of trademarks, §§ 6-2-1 6-2-1 6.

3-11-5. Penalties for violations.

Except as otherwise expressly provided, any person violating any of the provisions of this title, shall be subject to a fine not in excess of one thousand dollars ($1000).

History of Section. P.L. 1933, ch. 2013, § 35; P.L. 1934, ch. 2088, § 9; P.L. 1936, ch. 2337, § 1; G.L. 1938, ch. 170, § 2; G.L. 1956, § 3-11-5 ; P.L. 1999, ch. 146, § 1.

Cross References.

Indecent intoxication, violation of ordinance, penalty, § 45-6-3 .

Licensing of pharmacies, § 5-19.1-1 et seq.

Prisoner, conveyance of intoxicants to, penalty, § 11-25-10 .

Collateral References.

Fines, penalties, and forfeitures: lease provisions allowing termination or forfeiture for violation of law. 92 A.L.R.3d 967.

Sales: what constitutes “sale” of liquor in violation of statute or ordinance. 89 A.L.R.3d 551.

Chapter 12 Enforcement of Title

3-12-1. Duty of deputy sheriffs, town constables, and police officers — Action on taxpayer’s demand.

Members of the division of sheriffs, the city and town sergeants, town constables, officers, members of the town or city police, and members of the division of state police are empowered and it is made their duty to see that the provisions of this title and the rules and regulations made or authorized by the department of business regulation and the division of taxation are enforced within their counties, towns, and cities. It is their special duty to use their utmost efforts to repress and prevent crime by the suppression of unlicensed liquor shops, gambling places, and houses of ill fame, and they shall also do so on the request of any taxpayer of any town or city and may command aid in the execution of the authority conferred. Any officer within the above enumeration who willfully neglects or refuses to perform the duties imposed upon him or her by this section shall be fined not exceeding five hundred dollars ($500) and be rendered ineligible again to be appointed to this position; provided, that the officer may after investigation, before taking any further action at the request of any taxpayer, demand that the taxpayer requesting him or her to act give a bond to secure to that officer reasonable compensation for his or her services and to protect him or her from all costs and damages that may arise from that action.

History of Section. P.L. 1933, ch. 2013, § 33; G.L. 1938, ch. 174, § 1; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-12-1 ; P.L. 1996, ch. 100, art. 36, § 13; P.L. 2012, ch. 324, § 9; P.L. 2015, ch. 260, § 1; P.L. 2015, ch. 275, § 1.

Cross References.

Functions of department of business regulation, § 42-14-2 .

Comparative Legislation.

Enforcement:

Conn. Gen. Stat. §§ 30-6, 30-107.

Mass. Ann. Laws ch. 138, §§ 12 et seq., 19 et seq.

Collateral References.

Restaurants: “sale” of liquor in violation of statute or ordinance, what constitutes. 89 A.L.R.3d 551.

Search and seizure: purse or wallet, lawfulness of warrantless search of purse or wallet of person arrested or suspected of crime. 29 A.L.R.4th 771.

3-12-2. Special constables not authorized to serve civil process.

Nothing in this title conferring powers on the officers authorizes special constables to make service of civil process.

History of Section. P.L. 1933, ch. 2013, § 34; G.L. 1938, ch. 174, § 2; G.L. 1956, § 3-12-2 .

3-12-3. Entry on licensed premises — Arrest without warrant — Evidence of unlawful sales.

The mayor and council of any city, or the town council, or either member, or the chief of police of any city or town, or any police officer, or any town constable specially authorized by that city or town council, or any member of the division of state police, or agent of the department of business regulation and the division of taxation, may at any time enter upon the premises of any person licensed under this title to ascertain the manner in which that person conducts his or her business and to preserve order; and every chief of police, police officer, town constable or member of the division of state police, has the power to arrest, without a warrant, all persons found actually engaged, in the premises entered, in the commission of any offense in violation of any of the provisions of this title and to keep those persons arrested in custody until they can be brought before some magistrate (but for a period not to exceed twenty-four (24) hours) having the proper jurisdiction of that offense in that city or town to be dealt with according to law; and whenever any person is seen to drink any beverage in those premises, or in any part of those premises, on any days or hours prohibited, under this title, it is evidence that those beverages were sold and kept for sale by the occupant of those premises or his or her authorized agent.

History of Section. P.L. 1933, ch. 2013, § 71; G.L. 1938, ch. 174, § 3; P.L. 1939, ch. 659, § 2; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-12-3 ; P.L. 1996, ch. 100, art. 36, § 13; P.L. 2015, ch. 260, § 1; P.L. 2015, ch. 275, § 1.

Comparative Legislation.

Arrest without warrant:

Conn. Gen. Stat. § 30-107.

Mass. Ann. Laws ch. 138, §§ 56, 63.

Collateral References.

Constitutionality of statute making certain facts prima facie evidence of guilt. 51 A.L.R. 1162; 86 A.L.R. 179; 162 A.L.R. 495.

Inspection, entry or search of places where intoxicating liquors are sold, to facilitate determination of whether conditions of license are being complied with, validity of particular statutory provisions or other regulations as to. 116 A.L.R. 1098.

3-12-4. Search warrants.

Search warrants to search for and seize any beverages, impure or adulterated liquors, vessels containing beverages or impure or adulterated liquors, or other property possessed, kept for sale or otherwise in violation of any of the provisions of this title may be issued as provided by law in chapter 5 of title 12.

History of Section. P.L. 1933, ch. 2013, § 54; G.L. 1938, ch. 172, § 1; G.L. 1956, § 3-12-4 ; P.L. 1956, ch. 168, § 4.

Cross References.

Search warrants generally, § 12-5-1 et seq.

Comparative Legislation.

Searches and seizures:

Conn. Gen. Stat. §§ 30-107, 54-33a et seq.

Mass. Ann. Laws ch. 138, §§ 42 — 55.

Collateral References.

Arrest, right of search and seizure incident to lawful arrest, without a search warrant. 32 A.L.R. 680; 51 A.L.R. 424; 74 A.L.R. 1387; 82 A.L.R. 782.

Authority to consent for another to search and seizure. 31 A.L.R.2d 1078.

Automobile, search of, without warrant by officers relying on description of persons suspected of crime. 60 A.L.R. 299.

Bond of peace officer, liability on, for unlawful search. 62 A.L.R. 855.

Civilian participation in execution of search warrant as affecting legality of search. 68 A.L.R.5th 549.

Civil liability for improper issuance of search warrant or proceedings thereunder. 45 A.L.R. 605.

Intoxicating liquor, constitutional guarantees against unreasonable searches and seizures as applied to search for or seizure of. 3 A.L.R. 1514; 13 A.L.R. 1316; 27 A.L.R. 709; 39 A.L.R. 811; 74 A.L.R. 1418.

Intoxicating liquors, necessity of warrant for search for or seizure of. 3 A.L.R. 1516; 13 A.L.R. 1316; 27 A.L.R. 709; 39 A.L.R. 811; 74 A.L.R. 1418.

Previous illegal search for or seizure of property as affecting validity of subsequent search warrant. 143 A.L.R. 135.

Privacy, invasion of right of. 138 A.L.R. 97; 57 A.L.R.3d 16.

Propriety of execution of search warrant at nighttime. 41 A.L.R.5th 171.

Search warrant, disputing matters stated in affidavit supporting. 24 A.L.R.4th 1266.

Stationary vehicle, right to search or seize vehicle containing contraband as affected by fact that it was stationary at the time. 61 A.L.R. 1002.

Validity of anticipatory search warrants — state cases. 67 A.L.R.5th 361.

3-12-5 — 3-12-8. Repealed.

Repealed Sections.

These sections (P.L. 1933, ch. 2013, §§ 55 to 57, 62; G.L. 1938, ch. 172, §§ 2 to 4, 10; G.L. 1956, §§ 3-12-5 to 3-12-8) were repealed by P.L. 1965, ch. 168, § 10.

3-12-9. Forfeiture of goods held for unlawful sale.

All beverages and the vessels containing them, seized under this title, kept for sale in violation of law, are forfeited to the state, and the officer making the seizure or an officer designated by the court for that purpose, shall forthwith proceed to prosecute for the forfeiture in the manner provided by law.

History of Section. P.L. 1933, ch. 2013, § 58; G.L. 1938, ch. 172, § 5; G.L. 1956, § 3-12-9 .

Collateral References.

Fines, penalties, and forfeitures: conviction; necessity of conviction of offense associated with property seized necessary to support forfeiture. 38 A.L.R.4th 515.

Innocent persons, forfeiture of interest of, in liquors sold in violation of local statutes. 47 A.L.R. 1083; 61 A.L.R. 551; 73 A.L.R. 1087; 82 A.L.R. 607; 124 A.L.R. 288.

Jury trial in case of seized liquors. 17 A.L.R. 569; 50 A.L.R. 97.

Search and seizure: abandoned property, what constitutes abandoned property within rule that search and seizure of such is not unreasonable. 40 A.L.R.4th 381.

3-12-10. Return of goods when forfeiture not adjudged.

If the cause of forfeiture is not proved, then all the seized beverages and the vessels containing them shall be restored to the proper owner or to the place from which they were taken by the officer who seized them.

History of Section. P.L. 1933, ch. 2013, § 59; G.L. 1938, ch. 172, § 6; G.L. 1956, § 3-12-10 .

3-12-11. Sentence of forfeiture — Appeal.

If the cause of forfeiture is proved, the court before which the complaint or information shall be tried shall enter sentence of forfeiture to the state against those beverages and the casks or other vessels containing them; and any person aggrieved by the sentence may appeal the sentence to the superior court according to the provisions relating to criminal appeals from district courts.

History of Section. P.L. 1933, ch. 2013, § 59; G.L. 1938, ch. 172, § 6; G.L. 1956, § 3-12-11 .

Collateral References.

Forfeiture of property for unlawful use, conviction as prerequisite to. 3 A.L.R.2d 742; 747-750.

3-12-12. Destruction of forfeited beverages.

Upon entry of sentence of forfeiture, if no appeal is then taken and no recognizance given as prescribed in other criminal cases, the court shall forthwith issue a warrant to the officer, commanding the officer forthwith to destroy the beverages; and the officer shall execute the warrant and return it, having signed it, to the court, within any time as the court shall direct. In case of final judgment for the state on appeal, the court entering the final judgment shall issue the warrant for the destruction of the beverages seized.

History of Section. P.L. 1933, ch. 2013, § 60; G.L. 1938, ch. 172, § 7; G.L. 1956, § 3-12-12 .

3-12-13. Disposition of forfeited beverages to institutions.

In lieu of ordering the destruction of intoxicating liquors forfeited to the state, the court may, in its discretion, order the beverages disposed of to state or charitable institutions for use by them for medicinal purposes.

History of Section. P.L. 1932, ch. 1857, § 11; G.L. 1938, ch. 172, § 8; G.L. 1956, § 3-12-13 .

3-12-14. Disposition of forfeited vessels.

The officers having in their custody any vessels which have been forfeited to the state under this chapter, are authorized to destroy those vessels, or to sell those vessels at public auction or private sale and to turn over the net proceeds of that sale to the general treasurer.

History of Section. P.L. 1933, ch. 2014, § 61; G.L. 1938, ch. 172, § 9; G.L. 1956, § 3-12-14 .

3-12-15. Fees in forfeiture proceedings.

There shall be allowed and paid to the officer who makes the seizure, for every seizure made under the foregoing provisions, the sum of five dollars ($5.00) with two dollars ($2.00) additional for every day after the first that the officer shall be necessarily employed in causing the beverages seized to be condemned, and ten cents (10¢) for every mile which he or she shall travel, together with any reasonable sum as the court may deem just for necessary expense incurred in providing storage for liquors seized, pending proceedings for condemnation; all which costs shall be taxed in the bill of costs, and the amount allowed by the court in which final judgment shall be rendered, to those officers, shall be paid on the order of the state controller out of any money in the treasury not otherwise appropriated. Any fees paid to any state official shall be returned by him or her to the general treasurer to and for the use of the state.

History of Section. P.L. 1933, ch. 2013, § 63; G.L. 1938, ch. 172, § 11; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 3-12-15 .

Collateral References.

Abatement of nuisance or injunction as punishment without indictment. 49 A.L.R. 646.

Alleging liquor intended for beverage purpose. 67 A.L.R. 1048.

Name or identity of purchaser, right of one charged with unlawful sale of intoxicating liquor to be informed of, before trial. 5 A.L.R. 409.

Transportation and possession as single or separate offenses. 74 A.L.R. 411.

3-12-16. Allegations in criminal proceedings.

In any action, complaint and warrant, information, indictment, or other proceeding, against any person for a violation of any of the provisions of this title, it is not necessary to set forth the kind or quantity of beverage, or the time of the sale or manufacturer of the beverage; but proof of the violation of any of the provisions of this title, the substance of which is briefly set forth, within the times mentioned, by the person complained of, shall be good and sufficient. In order to convict any person of a second, third or any subsequent offense under any of the provisions of this title, it is requisite in any action, complaint and warrant, indictment, or other proceeding against any person for a violation of the provisions of this title to set forth a record of a former conviction or former convictions, with the date or dates of that former conviction or convictions.

History of Section. P.L. 1933, ch. 2013, § 73; G.L. 1938, ch. 170, § 4; G.L. 1956, § 3-12-16 .

3-12-17. Correction of defects in proceedings.

Any defects of form in any action, complaint and warrant, indictment, information, or other proceeding against any person for a violation of this title, may be amended by the court before whom the action, complaint and warrant, indictment, information, or other proceeding is originally brought.

History of Section. P.L. 1933, ch. 2013, § 74; G.L. 1938, ch. 170, § 5; G.L. 1956, § 3-12-17 .

3-12-18. Negative allegations — Lawful sale as defense.

Negative allegations need not be made in or proved at the trial of any complaint under this title. Evidence of the sale or keeping for sale of any beverage is evidence that the sale or keeping for sale is unlawful, but the respondent in any complaint under this title may show any license or authority to sell or any other fact that renders a sale or keeping for sale lawful by way of defense.

History of Section. P.L. 1933, ch. 2013, § 38; G.L. 1938, ch. 170, § 6; G.L. 1956, § 3-12-18 .

Collateral References.

Meritorious defense as condition of relief from judgment. 174 A.L.R. 152.

3-12-19. Officers not liable for costs.

An officer of the law complaining on account of the violation of any of the provisions of this title is not required at the time of complaint or thereafter to enter into recognizance or in any way to become liable for the costs that may accrue on the complaint.

History of Section. P.L. 1933, ch. 2013, § 68; G.L. 1938, ch. 170, § 9; G.L. 1956, § 3-12-19 .

3-12-20. Appeal from convictions.

Any person convicted before a district court of any offense under this title may appeal the sentence of that court, according to the provisions of law relating to criminal appeals from district courts.

History of Section. P.L. 1933, ch. 2013, § 65; G.L. 1938, ch. 170, § 10; G.L. 1956, § 3-12-20 .

Cross References.

Appeals in criminal cases, § 12-22-1 et seq.

3-12-21. Recognizance of witnesses on appeal.

In case of an appeal pursuant to § 3-12-20 , the district court shall, upon motion either of the complainant or defendant, require any witness sworn, to enter into recognizance in the sum of fifty dollars ($50.00) with condition that he or she will appear before the court appealed to, to testify in the trial of the appeal whenever that appeal shall be called for trial.

History of Section. P.L. 1933, ch. 2013, § 66; G.L. 1938, ch. 170, § 11; G.L. 1956, § 3-12-21 .

3-12-22. Complainant’s attorney — Prosecution by attorney general.

  1. In all cases of appeal under this title from the sentence of a district court, and upon all questions arising under that sentence or under any complaint or warrant made under this title in the supreme or superior court, the cases may be conducted and argued in behalf of the complainant by any attorney who may be employed or authorized by that complainant; and in every case in which the defendant or person answering the complaint is required to pay costs, the sum of six dollars ($6.00) shall be taxed in the bill of costs for the services of the attorney employed or authorized and appearing as the attorney of record of the complainant; for which sum the clerk or other officer to whom the costs may be paid shall account with and pay over to the attorney of record within ten (10) days after the bill of costs is paid.
  2. If no attorney within five (5) days after the appeal from the sentence of a district court, or after any question arising under that sentence or under any complaint or warrant under this title, is presented in the supreme or superior court, shall enter his or her appearance in behalf of the complainant, then it is the duty of the attorney general or the assistant attorneys general to take charge of, conduct, argue, and manage that appeal or question in the supreme or superior court, and for those services the sum of six dollars ($6.00) shall be taxed in the bill of costs, and shall be paid over to the officers rendering those services by the clerk or other officer to whom those costs are paid.

History of Section. P.L. 1933, ch. 2013, § 75; G.L. 1938, ch. 170, § 12; G.L. 1956, § 3-12-22 .

3-12-23. Notice of conviction to department and local authorities.

It is the duty of each clerk of a court upon the final conviction or sentence of any person for violating any provision of this title, to notify, within ten (10) days after that final conviction or sentence, the town council of the town or the board of commissioners for granting of licenses of the city or town where the person convicted or sentenced at the time of the complaint carried on business, and also at the time of the conviction carries on business, and also to notify the department of business regulation and the division of taxation within ten (10) days after the final conviction or sentence of the fact of that final conviction or sentence and of the offense for which that final conviction or sentence was had, and any clerk who neglects or refuses to notify as provided in this section shall be fined fifty dollars ($50.00) for each and every offense.

History of Section. P.L. 1933, ch. 2013, § 72; G.L. 1938, ch. 170, § 13; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-12-23 ; P.L. 1996, ch. 100, art. 36, § 13.

3-12-24. Disposition of fines.

All fines recovered under this title shall inure to the sole benefit of the state except for those fines imposed pursuant to § 3-5-21 by a local licensing board which fines shall inure to the city or town first imposing that fine.

History of Section. P.L. 1933, ch. 2013, § 64; G.L. 1938, ch. 170, § 14; G.L. 1956, § 3-12-24 ; P.L. 1986, ch. 364, § 1.

Chapter 13 Malt Beverage Supplier-Wholesaler Agreements

Repealed Sections.

The former chapter (P.L. 1958, ch. 169, § 1; P.L. 1960, ch. 192, § 1), concerning minimum consumer resale prices and consisting of §§ 3-13-1 3-13-1 0, was repealed by P.L. 1970, ch. 79, § 4.

3-13-1. Definitions.

As used in this chapter:

  1. “Agreement” means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a supplier and a wholesaler pursuant to which a wholesaler has the right to purchase, resell, and distribute any or all brands of malt beverages offered by the supplier. The agreement between a supplier and a wholesaler is not considered a franchise relationship.
  2. “Good cause” means the failure by any party to an agreement, without reasonable excuse and justification, to comply substantially with a reasonable requirement imposed by either party.
  3. “Malt beverage” means the same as defined in chapter 1 of this title.
  4. “Person” means a natural person, partnership, trust, agency, corporation, division of a corporation, or other form of business enterprise. Person also includes heirs, assigns, personal representatives, and guardians.
  5. “Supplier” means any person engaged in business as a brewer, manufacturer, importer, master wholesaler, broker, or agent of malt beverages who enters into an agreement with any wholesaler in this state to distribute any or all of its brands of malt beverages, and any successor-in-interest to that entity with respect to the agreement. The term supplier does not refer to any brewer licensed under § 3-6-1 .
  6. “Territory” or “sales territory” means the geographic area of primary sales responsibility designated by an agreement between a wholesaler and supplier for any brand or brands of the supplier.
  7. “This act” means this chapter that has the short title and may be cited as the “Beer Industry Fair Dealing Law”.
  8. “Wholesaler” means any person licensed to import, or cause to be imported, into this state, or to purchase, or cause to be purchased, in this state, malt beverages for resale or distribution to retailers licensed in this state, and any successor-in-interest to that entity.

History of Section. P.L. 1982, ch. 415, § 1; P.L. 2016, ch. 512, art. 2, § 45.

Effective Dates.

P.L. 2016, ch. 512, art. 2, § 50, provides that the amendment to this section by that act takes effect on December 31, 2016.

Comparative Legislation.

Supplier-wholesaler agreements:

Conn. Gen. Stat. § 30-64 et seq.

Mass. Ann. Laws ch. 138, §§ 1 — 78.

3-13-2. Purposes — Construction — Variation by contract prohibited.

  1. This chapter shall be liberally construed and applied to promote its remedial purposes and policies.
  2. The purposes and policies of this chapter are:
    1. To regulate agreements between suppliers and their wholesalers to benefit the economy and enhance competition in this state and to promote moderation and obedience to the laws of this state and the United States controlling the distribution and sale of malt beverages;
    2. To protect wholesalers substantial initial and continuing investments of money, time and effort in their distributorships and to stimulate greater investment of those resources in these small businesses by assuring their continuation on a fair, equitable and nondiscriminatory basis;
    3. To enhance competition in the malt beverage industry by:
      1. Assuring the wholesaler is free to manage its business enterprise in the manner the wholesaler deems best, including the wholesaler’s right independently to establish its selling prices, to determine the efforts and resources which the wholesaler will exert to promote and develop the sale of a supplier’s products; and
      2. Assuring the public and suppliers that wholesalers will price competitively, devote reasonable efforts and resources to sales of all supplier’s products marketed in this state and maintain satisfactory sales levels.
    4. To govern all relations between suppliers and their wholesalers, including any renewals to agreements between them, to the full extent consistent with the constitutions of this state and the United States.
  3. The effect of this chapter may not be varied by agreement. Any agreement purporting to do so is void and unenforceable to that extent only.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-3. Prior notification of cancellation.

  1. Except as provided in subsection (c), no supplier or wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the supplier or wholesaler furnishes prior notification in accordance with subsection (b) to the affected party.
  2. The notification required under subsection (a) shall be in writing and sent to the affected party by certified mail, return receipt requested, not less than ninety (90) days before the date on which the agreement will be cancelled, not renewed, or otherwise terminated. The notification shall contain:
    1. A statement of intention to cancel, not renew, or otherwise terminate;
    2. A statement of all reasons, stated with particularity;
    3. The date on which the action shall take effect; and
    4. A statement of the remedy or remedies available to the affected party to cure the specified cause.
  3. A supplier or wholesaler may cancel, fail to renew or otherwise terminate an agreement without furnishing the prior notification required under this section only:
    1. In the event of insolvency, liquidation or bankruptcy of the affected party;
    2. In the event the affected party makes an assignment for the benefit of creditors or similar disposition of substantially all of the assets of that party’s business; or
    3. In the event of a conviction or plea of guilty or no contest to a charge of violating a law or regulation, or the revocation of a license or permit, relating to business which materially and adversely affects the party’s ability to continue in business.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-4. Cancellation of agreements — Good cause required.

No supplier or wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the party intending that action has good cause for that action and, in any case in which prior notification is required under § 3-13-3 , the party intending to act has furnished prior notification and the affected party has not corrected the conduct specified in that notification as the reason for cancellation, failure to renew, or termination, within the period specified in that notice.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-5. Prohibited conduct.

No supplier shall:

  1. Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage or any other item or commodity which has not been ordered by the wholesaler. Provided, that recommendation, endorsement, exposition, persuasion, or argument is not deemed to constitute inducements, coercion, or requirements prohibited by this section.
  2. Induce or coerce, or attempt to induce or coerce, any wholesaler to engage in any illegal act or course of conduct or to resign from an agreement by means of any threat, expressed or implied, to cancel, fail to renew, otherwise terminate an agreement, any requirement imposed on the wholesaler pursuant to an agreement or any contract or other arrangement ancillary or collateral to these.
  3. Require a wholesaler to assent to any requirement, condition, understanding, or term of an agreement limiting the wholesaler’s right to sell the product of any other supplier.
  4. Fix or maintain the price at which a wholesaler may resell malt beverages, whether by the terms or requirements imposed on the wholesaler under an agreement, the manner of their enforcement, or otherwise.
  5. Impose, attempt to impose, or enforce against a wholesaler any requirement, standard of performance, or term, including the terms of sale of malt beverages sold to the wholesaler, which is discriminatory as compared with the requirements, standards, or terms imposed by the supplier on other similarly situated wholesalers within this state. Differences in any requirement, standard, or term imposed by a supplier under its agreement or in the manner of their enforcement are permitted only if and to the extent they are based on proper and justifiable distinctions considering the purposes of this chapter, and are not arbitrary.
  6. Fail to provide to each wholesaler of its brands after May 22, 1982 a written contract which conforms to this chapter and embodies the supplier’s agreement with its wholesalers, including the essential requirements, standards of performance, and terms imposed by the supplier. In the event of failure to provide that written contract, any agreement in existence upon May 22, 1982 must conform to this chapter and is subject to this chapter until the written contract is provided.

History of Section. P.L. 1982, ch. 415, § 1.

Law Reviews.

Brian D. Anhalt, Comment: Crafting a Model State Law for Today’s Beer Industry, 21 Roger Williams U. L. Rev. 162 (2016).

3-13-6. Transfer of business assets of stock.

  1. No supplier shall, by the terms of an agreement or otherwise, unreasonably withhold or delay approval of any assignment, sale, or transfer of the stock of a wholesaler or all or any portion of a wholesaler’s assets, wholesaler’s voting stock, the voting stock of any parent corporation, or the beneficial ownership or control of any other entity owning or controlling a wholesaler, including the wholesaler’s rights and obligations under the terms of an agreement whenever the person or persons to be substituted meet reasonable and express standards imposed not only upon the wholesaler but upon all other wholesalers of a supplier generally.
  2. Upon the death of one of the partners of a partnership operating the business of a wholesaler, no supplier shall deny the surviving partner or partners of that partnership the right to become a successor-in-interest to the agreement between the supplier and that partnership; provided the survivor has been active in the management of the partnership and is otherwise capable of carrying on the business of the partnership.
  3. A wholesaler shall not transfer or agree to transfer any of its rights and obligations under the terms of any agreement without first giving prior notice to the supplier.

History of Section. P.L. 1982, ch. 415, § 1.

Law Reviews.

Brian D. Anhalt, Comment: Crafting a Model State Law for Today’s Beer Industry, 21 Roger Williams U. L. Rev. 162 (2016).

3-13-7. Damages for improper cancellation, termination, or failure to renew — Arbitration.

  1. Any supplier which without good cause cancels, terminates or fails to renew any agreement, or unlawfully causes a wholesaler to resign from an agreement or unreasonably denies or withholds consent to any assignment, transfer or sale of business assets or capital stock or other equity securities of a wholesaler with whom that supplier has an agreement pursuant to § 3-13-5(6) , is subject to compensatory damages, equitable relief, or both. Compensatory damages include reasonable compensation for the value of the wholesaler’s business with relation to the affected brand or brands and the wholesaler’s goodwill, if any.
  2. The supplier and the wholesaler may, by the terms of an agreement or otherwise, submit the disputes set forth in subsection (a), including the compensation, if any, to be paid for the value of the wholesaler’s business, to a neutral arbitrator to be selected by the parties, or if they cannot agree, by the presiding justice of the Rhode Island superior court. The arbitration proceeding shall be held within the state and shall be governed by chapter 3 of title 10. Arbitration costs shall be paid one-half (1/2) by the wholesaler and one-half (1/2) by the supplier. The award of the arbitrator is final and binding on the parties.
  3. Unless otherwise ordered by the superior court, all of the terms and conditions of an agreement between the parties shall remain in full force and effect for a period not to exceed one year during the course of any arbitration or judicial proceedings brought to enforce any rights under an agreement or under this chapter. No supplier who, pursuant to an agreement with a wholesaler, has designated a sales territory for which the wholesaler is primarily responsible or in which the wholesaler is required to concentrate its efforts, shall enter into an agreement with any other wholesaler during that one year period for the purpose of establishing an additional wholesaler for any of its brands or products. Notwithstanding any pending arbitration proceeding, a party may petition the superior court in accordance with § 3-13-11 to obtain any relief as may be necessary to enforce this section.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-8. Sale of supplier.

Except for discontinuance of all sales of a brand or brands in this state or for good cause, any person who purchases a supplier becomes obligated to all of the terms of any agreement in effect on the date of purchase. The acquiring supplier is not obligated to supply its brand or brands to the wholesalers of the acquired supplier. Nothing prevents the parties from negotiating a new agreement consistent with the provisions of this chapter. The term purchase includes, but is not limited to, a purchase of stock, purchase of assets, lease, merger, or any other reorganization, consolidation, or acquisition of a supplier.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-9. Sales territories exclusive.

No supplier who, pursuant to an agreement with a wholesaler, has designated a sales territory for which a wholesaler is primarily responsible or in which a wholesaler is required to concentrate its efforts shall enter into an agreement with any other wholesaler for the purpose of establishing an additional wholesaler for any of its brands, including any brand or brands introduced after the effective date of the agreement, in all or part of the same territory.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-10. Right of free association.

No supplier or wholesaler shall restrict or inhibit, directly or indirectly, the right of free association among suppliers or wholesalers for any lawful purpose.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-11. Civil actions.

  1. If a supplier or wholesaler who is a party to an agreement pursuant to § 3-13-5(6) fails to comply with this chapter or otherwise engages in conduct prohibited under this chapter, the affected party may maintain a civil action in the superior court in the county in which the wholesaler’s principal place of business or residence is located.
  2. In any action under this section, the court may grant any equitable relief that the court determines is necessary or appropriate considering the purposes of this chapter, to remedy the effects of any failure to comply with this chapter or the effect of conduct prohibited under this chapter.
  3. The prevailing party in any action under this section is entitled to actual damages as defined in § 3-13-7 , plus interest and costs.
  4. To the extent the parties by agreement specify that disputes arising out of the supplier-wholesaler relationship shall be resolved by arbitration, that procedure shall be the exclusive remedy and may be compelled by either party upon proper application under the law of this state. An affected party may maintain a civil action in the superior court to enforce the provisions of § 3-13-7(c) , notwithstanding any pending arbitration proceedings.

History of Section. P.L. 1982, ch. 415, § 1.

3-13-12. Severability.

If any provision of this chapter is held unconstitutional, that decision shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1982, ch. 415, § 1.

Chapter 14 Rhode Island Liquor Liability Act

3-14-1. Short title.

This chapter shall be known as the “Rhode Island Liquor Liability Act”.

History of Section. P.L. 1986, ch. 537, § 2.

Cross References.

Functions of department of business regulation, § 42-14-2 .

Comparative Legislation.

Liquor sales liability:

Conn. Gen. Stat. § 30-102.

Mass. Ann. Laws ch. 231, § 60J.

Collateral References.

Automobiles: conflict of laws: choice of law as to liability of liquor seller for injuries caused by intoxicated person. 2 A.L.R.4th 952.

Automobiles: liability of persons furnishing intoxicating liquor for injury or death of consumer, outside coverage of civil damage acts. 98 A.L.R.3d 1230.

Buses, liability of motor bus carrier to passenger injured through fall while alighting at place other than regular bus stop. 7 A.L.R.4th 1031.

Carrier’s liability based on serving intoxicants to passenger. 76 A.L.R.3d 1218.

Competition, federal regulation of competitive practices in liquor industry under § 5 of Federal Alcohol Administration Act (27 USCS § 205). 58 A.L.R. Fed 797.

Damages: mitigation of damages, provocation as basis for mitigation of compensatory damages in action for assault and battery. 35 A.L.R.4th 947.

Death and death actions: boat passengers, liability of owner or operator of pleasure boat for injury or death of guest passenger. 35 A.L.R.4th 104.

Death and death actions: children, negligence of one parent contributing to injury or death of child as barring or reducing damages recoverable by other parent for losses suffered as result of child’s injury or death. 26 A.L.R.4th 396.

Death: automobiles: liability of persons furnishing intoxicating liquor for injury or death of consumer, outside coverage of civil damage acts. 98 A.L.R.3d 1230.

Death: liability of liquor furnisher under civil damage or dramshop act for injury or death of intoxicated person from wrongful act of third person. 65 A.L.R.2d 923.

Death: settlement with or release of person directly liable for injury or death as releasing liability under civil damage act. 78 A.L.R.2d 998.

Dram Shop Act: causation, proof of causation of intoxication as a prerequisite to recovery under civil damage act. 64 A.L.R.3d 882.

Dram Shop Act: third parties, liability of one who furnishes liquor to another for consumption by third parties, for injury caused by consumer. 64 A.L.R.3d 922.

Employer’s liability for furnishing or permitting liquor on social occasion. 51 A.L.R.4th 1048.

Employment: landlord’s tort liability to tenant for personal injury or property damage from criminal conduct of employee. 38 A.L.R.4th 240.

Federal constitutional and legislative provisions as to intoxicating liquors as affecting state statutes imposing liability for damages on seller. 70 A.L.R. 140.

Governmental entity: liability of state or municipality in tort action for damages arising out of sale of intoxicating liquor by state or municipally operated liquor store or establishment. 95 A.L.R.3d 1243.

Government tort liability: damages, validity and construction of statute or ordinance limiting the kinds or amount of actual damages recoverable in tort action against governmental unit. 43 A.L.R.4th 19.

Government tort liability: release of person, governmental tort liability for injuries caused by negligently released individual. 6 A.L.R.4th 1155.

Government tort liability: restraint, failure to restrain drunk driver as ground of liability of state or local government unit or officer. 48 A.L.R.4th 320.

Intoxicating liquor: criminal liability of member or agent of private club or association, or of owner or lessor of its premises, for violation of state or local liquor or gambling laws thereon. 98 A.L.R.3d 694.

Intoxicating liquor or drugs, criminal responsibility of one unlawfully furnishing, for death resulting from its use. 32 A.L.R.3d 589.

Joint tortfeasors: insurance subrogation, when does statute of limitations begin to run upon an action by subrogated insurer against third-party tortfeasor. 91 A.L.R.3d 844.

Liability for death by suicide under civil damage acts. 58 A.L.R.3d 828.

Liability of lessor or his property for damages resulting from lessee’s sale of intoxicating liquor. 124 A.L.R. 1521.

Limitation of actions, finding or return of indictment, or filing of information, as tolling limitation period. 18 A.L.R.4th 1202.

Mental anguish or loss of affection: recovery under civil damage (dram shop) act for intangibles such as mental anguish, embarrassment, loss of affection or companionship, or the like. 78 A.L.R.3d 1199.

Premises liability: guests, liability to guest injured otherwise than by condition of premises. 38 A.L.R.4th 200.

Privileges and immunities: stores, liability of state or municipality in tort action for damages arising out of sale of intoxicating liquors by state or municipally operated liquor store or establishment. 95 A.L.R.3d 1243.

Products liability: bottles, explosion or breakage of beverage bottles. 36 A.L.R.4th 419.

Restaurants: choice of law as to liability of seller for injuries caused by intoxicated person. 2 A.L.R.4th 952.

Sales: what constitutes “sale” of liquor in violation of statute or ordinance. 89 A.L.R.3d 551.

Social host’s liability for death or injuries incurred by person to whom alcohol was served. 54 A.L.R.5th 313.

Suicide: attempt, liability of one causing physical injuries as a result of which injured party attempts or commits suicide. 77 A.L.R.3d 311.

Support, what constitutes injury to means of support within civil damage or dramshop act. 4 A.L.R.3d 1332.

Survival of action or cause of action under civil damage acts. 94 A.L.R.2d 1140.

Taxis, liability of taxicab carrier to passenger injured while alighting from taxi. 98 A.L.R.3d 822.

Third persons: assault, tavernkeeper’s liability to patron for third person’s assault. 43 A.L.R.4th 281.

Welfare, personal injury recovery as affecting eligibility for, or duty to reimburse, public welfare assistance. 80 A.L.R.3d 772.

What constitutes “injury in person or property” within civil damage or dramshop act. 6 A.L.R.2d 798.

3-14-2. Purposes.

  1. Primary legislative purpose.  The primary legislative purpose of this chapter is to prevent intoxication-related injuries, deaths and other damages among Rhode Island’s population.
  2. Secondary purposes.  The secondary legislative purposes are:
    1. To establish a legal basis for obtaining compensation for those suffering damages as a result of intoxication related incidents in accordance with this chapter;
    2. To allocate the liability for payment of damages fairly among those responsible for the damages, which will encourage liquor liability insurance availability; and
    3. To encourage all servers of alcohol to exercise responsible serving practices.

History of Section. P.L. 1986, ch. 537, § 2.

NOTES TO DECISIONS

Responsible Serving Practices.

Since one of the purposes of dram shop legislation is to foster responsible serving practices, it would be unjust to attribute liability to faultless furnishers of alcoholic beverages who exercise reasonable and prudent practices. Embrey v. Ortiz, 538 A.2d 1002, 1988 R.I. LEXIS 25 (R.I. 1988) (decided under former law).

3-14-3. Definitions.

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings:

  1. “Adult” means any person twenty-one (21) years of age or older.
  2. “Intoxicated individual” means an individual who is in a state of intoxication as defined by this chapter.
  3. “Intoxication” means a substantial impairment of a person’s mental or physical faculties as a result of drug or alcoholic beverage use so as to diminish that person’s ability to think and act in a manner in which an ordinary prudent and cautious person, in full possession of his or her faculties and using reasonable care, would act under like circumstances.
  4. “Licensee” means the person to whom a license of any kind is issued by the local licensing authority and any person who is required to be licensed to serve or to permit the consumption of liquor.
  5. “Liquor” means any intoxicating beverage which contains more than three and two tenths percent (3.2%) of alcohol by weight.
  6. “Minor” means any person under the age of twenty-one (21) years.
  7. “Person” means any individual, governmental body, corporation, or other legal entity.
  8. “Service of liquor” means any sale, gift, or other furnishing of liquor.
  9. “Visibly intoxicated” means a state of intoxication accompanied by a perceptible act or series of acts presenting an apparent sign or signs of intoxication.

History of Section. P.L. 1986, ch. 537, § 2.

3-14-4. Plaintiffs.

  1. Except as provided in subsection (b), any person who suffers damage, as provided in § 3-14-8 , may bring an action under this chapter. This chapter shall not be construed to limit any currently existing common law or statutory right.
  2. The following persons may not bring an action under this chapter against a defendant for negligently serving liquor to an individual, but may bring an action under this chapter against a defendant for recklessly serving liquor to an individual:
    1. The intoxicated tortfeasor if he or she was at least twenty-one (21) years old when served by the defendant;
    2. The estate of the intoxicated tortfeasor if he or she was at least twenty-one (21) years old when served by the defendant; and
    3. Any person asserting claims arising out of the personal injury or death of the intoxicated tortfeasor if the intoxicated tortfeasor was at least twenty-one (21) years old when served.

History of Section. P.L. 1986, ch. 537, § 2.

NOTES TO DECISIONS

Defenses.

A defendant tortfeasor may invoke the police officer’s rule, a common-law doctrine which operates to preclude a police officer from recovering from a tortfeasor whose negligence brings him or her to the site at which the injury is sustained, as an affirmative defense in actions brought under this chapter. Smith v. Tully, 665 A.2d 1333, 1995 R.I. LEXIS 240 (R.I. 1995).

3-14-5. Defendants.

The following persons who commit an act giving rise to liability, as provided in § 3-14-6 , may be made defendants to a claim under this chapter:

  1. An alcoholic beverage retail licensee, and any employee or agent of this licensee; or
  2. Any person who, at the time of an act giving rise to liability, as provided in § 3-14-6 , was required by law to have had an alcoholic beverage retail license under chapter 7 of this title and any employee or agent of that person.

History of Section. P.L. 1986, ch. 537, § 2.

NOTES TO DECISIONS

Applicability.

Plaintiff could not show that the social hosts were liable pursuant to R.I. Gen. Laws § 3-14-5 for injuries sustained after the social hosts supplied alcohol to the plaintiff and her boyfriend for more than a three-hour period, and the boyfriend then drove away with the plaintiff in a vehicle that soon struck a utility pole. Section 3-14-5 requires that a liable party either be a party holding a liquor license or be a party that was required to obtain a liquor license, and the social hosts did not fall in either of those categories. Willis v. Omar, 954 A.2d 126, 2008 R.I. LEXIS 84 (R.I. 2008).

3-14-6. Liability for negligent service of liquor.

  1. A defendant, as described in § 3-14-5 , who negligently serves liquor to a minor is liable for damages proximately caused by the minor’s consumption of the liquor.
  2. A defendant, as defined in § 3-14-5 , who negligently serves liquor to a visibly intoxicated individual is liable for damages proximately caused by the individual’s consumption of the liquor.
  3. Service of liquor to a minor or to an intoxicated individual is negligent if the defendant knows, or if a reasonable and prudent person in similar circumstances would know that the individual being served is a minor or is visibly intoxicated.
  4. A defendant is not chargeable with knowledge of an individual’s consumption of liquor or other drugs off the defendant’s premises unless the individual’s appearance and behavior, or other facts known to the defendant, would put a reasonable and prudent person on notice of that consumption.
  5. Proof of service of alcoholic beverages to a person under twenty-one (21) years of age without request for identification forms a rebuttable presumption of negligence.

History of Section. P.L. 1986, ch. 537, § 2.

NOTES TO DECISIONS

In General.

Tavern owner was not entitled to summary judgment on claims a patron filed pursuant to R.I. Gen. Laws §§ 3-14-6 and 3-14-7 because the patron’s blood alcohol level, which was three times the legal limit, and evidence showing that the patron’s speech was slurred created factual disputes as to whether the patron was visibly intoxicated and how a reasonable person in the position of the tavern’s bartender should have reacted to the patron’s outward condition. Noonan v. New Wharf Tavern, Inc., 2007 U.S. Dist. LEXIS 318 (D.R.I. Jan. 3, 2007).

3-14-7. Liability for reckless service of liquor.

  1. A defendant, as defined in § 3-14-5 , who recklessly provides liquor to a minor is liable for damages proximately caused by that minor’s consumption of the liquor.
  2. A defendant, as defined in § 3-14-5 , who recklessly serves liquor to a visibly intoxicated individual is liable for damages proximately caused by that individual’s consumption of the liquor.
    1. Service of liquor is reckless if a defendant intentionally serves liquor to an individual when the server knows that the individual being served is a minor or is visibly intoxicated, and the server consciously disregards an obvious and substantial risk that serving liquor to that individual will cause physical harm to the drinker or to others.
    2. For the purposes of this chapter, the disregard of the risk, when viewed in light of the nature and purpose of the server’s conduct and the circumstances known to him or her, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.
  3. Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following:
    1. Active encouragement of intoxicated individuals to consume substantial amounts of liquor;
    2. Service of liquor to an individual who is under twenty-one (21) years old when the server has actual or constructive knowledge of the individual’s age; and
    3. Service of liquor to an individual that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning.

History of Section. P.L. 1986, ch. 537, § 2.

NOTES TO DECISIONS

Defenses.

A defendant tortfeasor may invoke the police officer’s rule, a common-law doctrine which operates to preclude a police officer from recovering from a tortfeasor whose negligence brings him or her to the site at which the injury is sustained, as an affirmative defense in actions brought under this chapter. Smith v. Tully, 665 A.2d 1333, 1995 R.I. LEXIS 240 (R.I. 1995).

Summary Judgment.

Tavern owner was not entitled to summary judgment on claims a patron filed pursuant to R.I. Gen. Laws §§ 3-14-6 and 3-14-7 because the patron’s blood alcohol level, which was three times the legal limit, and evidence showing that the patron’s speech was slurred created factual disputes as to whether the patron was visibly intoxicated and how a reasonable person in the position of the tavern’s bartender should have reacted to the patron’s outward condition. Noonan v. New Wharf Tavern, Inc., 2007 U.S. Dist. LEXIS 318 (D.R.I. Jan. 3, 2007).

3-14-8. Damages.

  1. Damages may be awarded for all injuries recognized under Rhode Island common or statutory law.
  2. Punitive damages may be awarded in all actions based on reckless conduct, as set forth in § 3-14-7(c) . Punitive damages may not be awarded for actions based on negligent conduct, as set forth in § 3-14-6(c) .
  3. Damages may be recovered under chapter 7 of title 10 and § 10-7-8 , as in other tort actions.

History of Section. P.L. 1986, ch. 537, § 2.

Collateral References.

Excessiveness or inadequacy of punitive damages in cases not involving personal injury or death. 14 A.L.R.5th 242.

Validity, construction, and effect of statute limiting amount recoverable in dram shop action. 78 A.L.R.4th 542.

3-14-9. Common law claims and defenses.

Common law claims and defenses applicable to tort actions based on negligence and recklessness in this state shall not be limited by this chapter.

History of Section. P.L. 1986, ch. 537, § 2.

NOTES TO DECISIONS

“Police Officer’s Rule.”

A defendant tortfeasor may invoke the police officer’s rule, a common-law doctrine which operates to preclude a police officer from recovering from a tortfeasor whose negligence brings him or her to the site at which the injury is sustained, as an affirmative defense in actions brought under this chapter. Smith v. Tully, 665 A.2d 1333, 1995 R.I. LEXIS 240 (R.I. 1995).

3-14-10. Settlement — Release — Contributions — Indemnity.

  1. A plaintiff’s settlement and proper release of either the intoxicated tortfeasor or a defendant, as defined in § 3-14-5 , will not bar potential claims against any other defendant(s).
  2. The amount paid to a plaintiff in consideration for the settlement and proper release of any defendant will be offset against all other subsequent judgments received by the plaintiff.
  3. The liability of the intoxicated tortfeasor and any defendant, as defined in § 3-14-5 , who served alcoholic beverages, shall be joint and several.
  4. In cases of negligent conduct, the intoxicated tortfeasor and any defendant, as defined in § 3-14-5 , who served alcoholic beverages have a right of contribution and not a right of indemnification.
  5. In cases of reckless conduct, nonreckless defendants have a right of either indemnification or contribution from any reckless defendants.

History of Section. P.L. 1986, ch. 537, § 2.

NOTES TO DECISIONS

Joint Tortfeasors.

Under former § 3-11-1 , a tortfeasor and the party that furnished the tortfeasor with alcoholic beverages in violation of that statute were joint tortfeasors for purposes of § 10-6-7 and an award in an action against one had to be reduced by any settlement amount against the other. Lawrence v. Pokraka, 606 A.2d 987, 1992 R.I. LEXIS 91 (R.I. 1992).

3-14-11. Statute of limitations.

Any action under this chapter against a defendant alleging negligent or reckless conduct must be brought within three (3) years after the cause of action accrues.

History of Section. P.L. 1986, ch. 537, § 2.

3-14-12. Evidence of responsible serving practices.

  1. Proof of defendant’s responsible serving practices is admissible as evidence that the server was not negligent or reckless. Responsible serving practices include, but are not limited to:
    1. Defendant’s and defendant’s employees’ attendance at a server education training course; and
    2. Defendant’s implementation, at the time of service, of responsible management policies, procedures, and actions.
  2. Proof or disproof that the defendant was adhering to responsible serving practices is not by itself proof or disproof of negligence or recklessness.

History of Section. P.L. 1986, ch. 537, § 2.

3-14-13. Privileges.

  1. No licensee is liable for damages resulting from a good faith refusal to serve liquor to any individual who:
    1. Fails to show proper identification of age;
    2. Reasonably appears to be a minor; or
    3. Is refused service in a good faith effort to prevent him or her from becoming visibly intoxicated.
  2. No licensee is liable for retaining identification documents presented to the licensee as proof of the individual’s age for the purpose of receiving liquor provided:
    1. Retention is for a reasonable length of time in a good faith effort to determine whether the individual is of legal age; and
    2. The licensee informs the individual why he or she is retaining the identification documents.
  3. This section does not limit a licensee’s right to assert any other defense provided by law.
  4. A licensee may not be held liable under this chapter for failing to exercise any privilege provided in this section; however, this subsection does not provide immunity from liability under §§ 3-14-6 and 3-14-7 .

History of Section. P.L. 1986, ch. 537, § 2.

3-14-14. Repealed.

History of Section. P.L. 1986, ch. 537, § 2; Repealed by P.L. 2011, ch. 158, § 2, effective June 30, 2011; P.L. 2011, ch. 274, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 3-14-14 concerned insurance records.

3-14-15. Repealed.

History of Section. P.L. 1986, ch. 537, § 2; Repealed by P.L. 1996, ch. 100, art. 36, § 14, effective July 1, 1996.

Compiler’s Notes.

Former § 3-14-15 concerned the commission to study effectiveness of the Rhode Island liquor liability act.