Chapter 06-230

2006 -- H 7071 SUBSTITUTE A

Enacted 06/28/06

A N A C T

REGULATION OF SALES

Introduced By: Representatives Malik, Rose, Faria, Dennigan, and Anguilla

Date Introduced: February 02, 2006 

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 3-8-11.1 and 3-8-11.2 of the General Laws in Chapter 3-8 entitled

"Regulation of Sales" are hereby amended to read as follows:

3-8-11.1. Purchase or procurement of alcoholic beverages for underage persons by

adults.Furnishing or procurement of alcoholic beverages for underage persons. -- It is

unlawful for any adult to purchase from any licensee or any employee of any licensee 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) 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, approval of, 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.

(b) Except as otherwise provided in subsection 3-8-11.1(c) 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.

     (c) 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.

(d) Any adult person who violates this section will be subject to the penalties provided in

section 3-8-11.2.

3-8-11.2. Penalty for violation of section 3-8-11.1. -- (a) Any adult person who violates

section 3-8-11.1 is guilty of a felony and shall be punished by a fine not exceeding one thousand

dollars ($1,000.00) and/or imprisonment not exceeding six (6) months. Any person convicted of a

first violation shall be punished by 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.

(b) Any person who violates section 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 six (6) months, or both.

(c) Any person who violates section 3-8-11.1 and either pleads nolo contendre or is

convicted of a third or subsequent violation shall be punished by a fine of one thousand dollars

($1,000.00) or imprisoned for a period not exceeding six (6) months, or both. For the purposes of

this section, jurisdiction remains in the district court of Rhode Island and Providence Plantations.

guilty of a felony and shall be punished by a fine not exceeding two thousand five hundred

dollars ($2,500) and/or imprisonment not exceeding one year. Any person convicted of a second

or subsequent offense under of this section shall not have any fine suspended.

     SECTION 2. This act shall take effect upon passage.

=======

LC00478/SUB A

=======