2013 -- S 0578 SUBSTITUTE A

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LC01515/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

     

     

     Introduced By: Senators DiPalma, Ciccone, Raptakis, and Ottiano

     Date Introduced: February 28, 2013

     Referred To: Senate Special Legislation and Veterans Affairs

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-7-22 of the General Laws in Chapter 3-7 entitled "Retail

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Licenses" is hereby amended to read as follows:

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     3-7-22. Manufacturer's or wholesaler's interest in retailer. – (a) Except as otherwise

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provided, it shall be unlawful for any holder of a manufacturer's or wholesaler's license to have

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any direct or indirect interest in any retailer's license or in the business carried on under a

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retailer's license. If by operation of law the holder of a manufacturer's or wholesaler's license

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acquires an interest in a retailer's license, or in the business carried on under a retailer's license, he

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or she shall within thirty (30) days after acquiring that interest report the interest to the

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department and shall dispose of that interest in accordance with the directions of the department.

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Any person willfully violating the provisions of this section shall forfeit his or her manufacturer's

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license and his or her interest in the retailer's license.

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     (b) The holder of a license issued pursuant to section 3-6-1.1, et seq., located at 162 West

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Main Road, Little Compton, Rhode Island may have a direct or indirect interest in a Class B

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license, provided, that the holder shall remain obligated to comply with section 3-7-18 and

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section 3-5-11.1.

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     SECTION 2. Section 3-1-6 of the General Laws in Chapter 3-1 entitled "General

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Provisions" is hereby amended to read as follows:

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     3-1-6. Severability. – (a) Each section of this title and each part of each section is

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declared to be a separable and independent section, and the holding of any section or sections or

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part or parts of this title to be void, ineffective or unconstitutional for any cause, shall not be

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deemed to affect any other section or part of this title.

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     (b) If any provision of this title, or its application to any person or circumstance, is

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determined by a court to be invalid or unconstitutional, the remaining provisions and sections

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shall be construed in accordance with the intent of the general assembly to limit rather than

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expand commerce in alcoholic beverages and to enhance strict regulatory control over taxation,

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distribution, and sale of alcoholic beverages through the three-tier regulatory system imposed by

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this title upon all alcoholic beverages.

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     SECTION 3. This act shall take effect upon passage.

     

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

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     This act would allow the license holder licensed under section 3-6-1.1 located at 162

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West Main Road, Little Compton Rhode Island to have an interest in a retailer's license.

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     This act would take effect upon passage.

     

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LC01515/SUB A/2

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S0578A