Chapter 470

2013 -- H 5084 SUBSTITUTE A

Enacted 07/16/13

A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

Introduced By: Representatives Silva, and Serpa

Date Introduced: January 16, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Section 3-7-8 of the General Laws in Chapter 3-7 entitled "Retail Licenses"

is hereby amended to read as follows:

3-7-8. Class C license. -- (a) A retailer's Class C license authorizes the holder of the

license to keep for sale and to sell beverages at retail at the place described in the license and to

deliver those beverages for consumption on the premises where sold. No beverages shall be sold

or served after twelve o'clock (12:00) midnight nor before six o'clock (6:00) a.m., except as

provided in subsection (e) herein. Local license boards in the several cities and towns may fix an

earlier closing time within their discretion. The license authorizes the holder to keep for sale and

sell beverages, including beer in cans, at retail at the place described in the license and to deliver

those beverages for consumption on the premises.

      (b) The license authorizes the holder to sell pre-packaged foods prepared off the

premises with beverages but prohibits the preparation and serving of foods cooked on the

premises. The holder of the license may serve with beverages and without charge popcorn,

crackers, bread, pretzels, sausage of any type, pickles, sardines, smoked herring, lupino beans,

and potato chips. No food shall be cooked on the premises but pre-packaged foods prepared and

cooked off the premises and purchased by the holder from a supplier may be warmed and sold on

the premises in their original packaging, and all foods shall be covered in accordance with the

regulations of the state department of health. The annual fee for the license is four hundred

dollars ($400) to eight hundred dollars ($800), prorated to the year ending December 1 in every

calendar year.

      (c) The town councils of the towns of Coventry, Scituate and South Kingstown are

authorized to prohibit by ordinance the issuance of Class C licenses. Upon prohibiting Class C

licenses, the license board of the towns of Coventry, Scituate and South Kingstown shall issue

Class B licenses to the holder of all Class C licenses in those towns. The Class B licenses may be

issued to the holders of Class C licenses notwithstanding any requirements of section 3-7-7. The

holders of Class C licenses shall have the full privileges of a Class B license and shall pay the

annual fee provided for Class B licenses.

      (d) Notwithstanding any prohibitions on the preparation and serving of foods cooked on

the premises contained in paragraph (b) herein, the holders of Class C licenses in the city of

Newport are authorized to prepare and serve foods cooked on the premises. The holders of Class

C licenses in the city of Newport shall be deemed to be victualling houses for purposes of section

3-8-1.

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

and for the additional payment of two hundred dollars ($200), sell or serve beverages on Fridays

and Saturdays and the night before legal state holidays until one o’clock (1:00) a.m. All requests

for a one o’clock (1:00) a.m. license shall be advertised, at the applicant's expense, by the local

licensing board in a newspaper with a general statewide circulation or having a general

circulation in the city or town where the establishment applying for the license is located.

SECTION 2. This act shall take effect upon passage.

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LC00302/SUB A

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