Chapter 508

2004 -- H 8570 SUBSTITUTE A

Enacted 07/07/04

A N A C T

RELATING TO PUB CRAWLS

Introduced By: Representatives Crowley, Shanley, Shavers, San Bento, and Lally

Date Introduced: May 26, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 3-7-26 of the General Laws in Chapter 3-7 entitled "Retail

Licenses" is hereby amended to read as follows:

3-7-26. Certain practices prohibited. -- (a) 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.

      (b) (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) Each city and town is hereby authorized and empowered, through its respective

legislative body, to enact ordinances for the purpose of prohibiting any licensee 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:

(i) the existence of advertising, flyers, tickets or other printed or electronic material

promoting or describing a planned pub crawl; (ii) organized, commercial transportation intended

to move a total of fifty (50) or more individuals from one premise to another in an organized

fashion; and (iii) 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.

      (c) 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.

      (d) Except as to subsection (b) (2) herein, A 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.

      (e) 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.

     SECTION 2. This act shall take effect upon passage.

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LC03491/SUB A

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