2018 -- H 8130

========

LC005548

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - LICENSES

     Introduced By: Representatives Diaz, Almeida, Ajello, Hull, and Lombardi

     Date Introduced: April 27, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 3-5-28 of the General Laws in Chapter 3-5 entitled "Licenses

Generally" is hereby amended to read as follows:

     3-5-28. Uniform procedures.Uniform procedures and training.

     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. The department may require local licensing boards and authorities

to undergo training designed to improve operational efficiency and effectiveness with respect to

the regulation and enforcement of licenses that the local licensing boards and authorities are

authorized to issue pursuant to the provisions of this title.

     SECTION 2. Section 3-7-21 of the General Laws in Chapter 3-7 entitled "Retail

Licenses" is hereby amended to read as follows:

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

     (a) 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5-19, or upon the application of any licensee whose license has been revoked or suspended by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 provided that:

     (1)(i) the The application shall be made within ten (10) days after the making of the

decision or order sought to be reviewed and shall specifically state all charges levied against the

applicant by the local board or authority, all matters determined adversely to them that the person

desires to appeal and the reasons for the appeal;

     (ii) Within thirty (30) days after filing of the application, or within such additional time as

allowed by the director, the local board or authority shall transmit to the department a certified

copy of the entire record of the proceeding under review; and

     (iii) Within thirty (30) days after certification of the record, the parties shall file with the

department briefs with respect to the appeal.

     (2) Notice of the any decision or order that may be reviewed pursuant to this section 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.

     (b) Any review conducted by the director shall be confined to the record. In cases of

alleged irregularities in procedure before the local board or authority, not shown in the record,

proof thereof may be accepted into evidence by the director. The director, upon request, shall hear

oral argument. The director shall not substitute their judgment for that of the local board or

authority as to the weight of the evidence on questions of fact. The director may affirm, reverse or

modify the decision of the local board or authority or remand the matter to the local board or

authority for further proceedings; provided that, the director may reverse or modify the decision

only if substantial rights of the appellant have been prejudiced because the local board or

authority's findings, inferences, conclusions, or decisions are/were:

     (1) In violation of statutory provisions;

     (2) In excess of the statutory authority of the local board or authority;

     (3) Made upon unlawful procedure;

     (4) Affected by other error of law;

     (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the

whole record; or

     (6) Arbitrary or capricious characterized by abuse of discretion or a clearly unwarranted

exercise of discretion. A party aggrieved by a final order of the director may seek review of the

order in the superior court of Providence County in accordance with the procedures contained in

§ 42-35-15.

     (b)(c) 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

LC005548 - Page 2 of 4

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.

     (c)(d) 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.

The certified record of proceedings submitted by the local board or authority pursuant to

subsection (a) of this section shall include, without limitation, a true and accurate copy of the

petitioner's license application and licensing file, the show cause notice and any other documents

describing charges levied against the applicant/licensee, the written decision or order issued by

the local board or authority, including its findings of fact and conclusions of law, and a

stenographic transcript of the hearing(s) before the local board or authority including all witness's

sworn testimony presented before the local board that was subject to cross examination.

     SECTION 3. This act shall take effect upon passage.

========

LC005548

========

LC005548 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - LICENSES

***

     This act would amend procedures regarding local liquor license appeals.

     This act would take effect upon passage.

========

LC005548

========

LC005548 - Page 4 of 4