2022 -- H 7209

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LC004248

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- MANUFACTURING AND WHOLESALE

LICENSES -- RETAIL LICENSES

     

     Introduced By: Representatives Baginski, McEntee, and Caldwell

     Date Introduced: January 26, 2022

     Referred To: House Small Business

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-6-1.2 of the General Laws in Chapter 3-6 entitled "Manufacturing

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and Wholesale Licenses" is hereby amended to read as follows:

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

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     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

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brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

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beverages manufactured on the location for consumption on the premises. The license shall not

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authorize the retail sale of beverages from any location other than the location set forth in the

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license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

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gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

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pursuant to the laws governing retail Class A establishments. The license also authorizes the sale

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of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce

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(12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages,

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or one thousand five hundred milliliters (1,500 ml) of distilled spirits per visitor, per day, to be sold

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in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may

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be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

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governing retail Class A establishments.

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     (b) The license shall also authorize the sale at wholesale at the licensed place by the

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manufacturer of the product of his or her licensed plant as well as beverages produced for the

 

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brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

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transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

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for that delivery.

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     (c) The brewpub manufacturer's license further authorizes the sale of beverages

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manufactured on the premises to any person holding a valid wholesaler's and importer's license

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under § 3-6-9 or § 3-6-11.

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     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

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more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) per year for

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a brewpub producing less than fifty thousand gallons (50,000 gal.) per year. The annual fee is

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prorated to the year ending December 1 in every calendar year and paid to the general treasurer for

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the use of the state.

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     (e) [Expires March 1, 2022]. A holder of a brewpub manufacturer's license will be

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permitted to sell, with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml)

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bottles of wine or the equivalent volume of wine in smaller factory sealed containers, or seventy-

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two ounces (72 oz.) of mixed wine-based drinks or single-serving wine in containers sealed in such

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a way as to prevent re-opening without obvious evidence that the seal was removed or broken, one

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hundred forty-four ounces (144 oz.) of beer or mixed beverages in original factory sealed

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containers, and one hundred forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72

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oz.) of mixed beverages containing not more than nine ounces (9 oz.) of distilled spirits in growlers,

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bottles, or other containers sealed in such a way as to prevent re-opening without obvious evidence

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that the seal was removed or broken, provided such sales shall be made in accordance with § 1.4.10

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of the department of business regulation (DBR) liquor control administration regulations, 230-

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RICR-30-10-1, and any other DBR regulations.

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     (1) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a brewpub

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licensee is prohibited.

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     (2) The provisions of subsection (e) and (e)(1) of this section shall remain permanent and

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any sunset provision pursuant to section 3 of chapter 129 or section 3 of chapter 130 of the public

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laws of 2021 shall be void.

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

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is hereby amended to read as follows:

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     3-7-7. Class B license.

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     (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

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victualer whose tavern or victualing house may be open for business and regularly patronized at

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least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

 

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served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

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fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

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council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

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but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

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town council may, in its discretion, issue full and limited Class B licenses which may not be

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transferred to another person or entity, or to another location, but which shall revert to the town of

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Cumberland if not renewed by the holder.

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     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

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which may not be transferred to another person or entity, or to another location, but which shall

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revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

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Class B license holders whose licenses were issued by the Pawtucket city council with the right to

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transfer.

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     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

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cans, at retail at the place described and to deliver them for consumption on the premises or place

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where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

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of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge shall

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be posted at the entrance of the establishments in a prominent place.

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     (i) [Expires March 1, 2022]. A holder of a Class B license will be permitted to sell, with

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take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the

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equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of

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mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

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re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

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ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

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forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

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containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

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containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

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removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

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department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

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10-1, and any other DBR regulations.

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     (ii) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a Class B

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licensee is prohibited.

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     (iii) The provisions of subsection (a)(2)(i) and (a)(2)(ii) of this section shall remain

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permanent and any sunset provision pursuant to section 3 of chapter 129 or section 3 of chapter

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130 of the public laws of 2021 shall be void.

 

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     (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless

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proper permits have been properly obtained from the local licensing authorities.

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     (4) Any holder of a Class B license may, upon the approval of the local licensing board

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and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

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for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

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state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

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shall be advertised by the local licensing board in a newspaper having a circulation in the county

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where the establishment applying for the license is located.

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     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

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business and products sold on the premises, including neon signs, and is allowed to light those signs

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during all lawful business hours, including Sundays and holidays.

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     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

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class B and/or class ED license may apply to the municipality in which the licensee is located for

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a permit to conduct a so-called "Lock-In Event", under the following conditions:

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     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

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permitted to remain in a licensed premises after closing hours including, but not limited to, the

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hours of 1:00 a.m. to 6:00 a.m.

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     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

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to a permit issued for each such event, subject to such conditions as may attach to the permit. The

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fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

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($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

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municipal licensing authority and there shall be no appeal from the denial of such a permit.

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     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

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in place or removed from the public portion of the premises and secured to the satisfaction of the

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municipality issuing the Lock-In Event permit.

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     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

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Lock-In Event participants and no other patrons shall be admitted to the premises who are not

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participants. It shall be a condition of the permit that participants shall not be admitted more than

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thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

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unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

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     (v) As part of the Lock-In Event, food shall be served.

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     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

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police detail, for some or all of the event, and the number of officers required, if any, shall be

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determined by the municipality as part of the process of issuing the Lock-In Event permit. The

 

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licensee shall be solely responsible for the cost of any such required police detail.

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     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

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thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

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to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

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(2,500) inhabitants, as determined by the last census taken under the authority of the United States

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or the state, the fee for each retailer's Class B license shall be determined by the town council, but

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shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

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or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

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licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

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alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

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to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

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each case be prorated to the year ending December 1 in every calendar year.

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     (1) Upon the approval and designation of a district or districts within its city or town by

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the local licensing board, the local licensing board may issue to any holder of a Class B license or

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a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

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Saturdays, the night before a legal state holiday or such other days as determined by the local board,

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for one hour past such license holder's legal closing time as established by the license holder's

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license or licenses including, but not limited to, those issued pursuant to subsection (a)(4) of this

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section. The extended hours permit shall not permit the sale of alcohol during the extended one-

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hour period and shall prohibit the admittance of new patrons in the establishment during the

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extended one-hour period. The designation of such district(s) shall be for a duration of not less than

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six (6) months. Prior to designating any such district, the local licensing authority shall hold a

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hearing on the proposed designation. The proposed designation shall include the boundaries of the

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proposed district, the applicable days for the extended hours, and the duration of the designation

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and the conditions imposed. The proposed designation shall be advertised at least once per week

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for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town.

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The city or town will establish an application process for an extended hours permit for such license

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holder and may adopt rules and regulations to administer the permit.

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     SECTION 3. Section 3 of Chapter 129 of the Public Laws of 2021 entitled "An Act

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Relating to Alcoholic Beverages - Retail Licenses", is hereby amended to read as follows:

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     SECTION 3. This act shall take effect upon passage and shall sunset on March 1, 2022.

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     SECTION 4. Section 3 of chapter 130 of the Public Laws of 2021 entitled "An Act Relating

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to Alcoholic Beverages - Retail Licenses", is hereby amended to read as follows:

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     SECTION 3. This act shall take effect upon passage and shall sunset on March 1, 2022.

 

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     SECTION 5. This act shall take effect upon passage.

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LC004248

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- MANUFACTURING AND WHOLESALE

LICENSES -- RETAIL LICENSES

***

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     This act would void the March 1, 2022, sunset provision contained in the act authorizing a

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holder of a Class B or brew pub manufacturer's license to sell specified amounts of wine, beer and

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mixed alcoholic beverages with takeout food orders; however, sale of all other alcoholic beverages

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and any delivery of alcoholic beverages would be prohibited.

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     This act would take effect upon passage.

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LC004248

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