Chapter 149

2009 -- S 0460

Enacted 07/16/09

A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

Introduced By: Senators Felag, and Paiva-Weed

Date Introduced: February 25, 2009

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 Any licensee is prohibited

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. , adherence 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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LC01188

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