| Chapter 011 |
| 2016 -- H 7026 SUBSTITUTE A Enacted 04/19/2016 |
| A N A C T |
| RELATING TO ALCOHOLIC BEVERAGES |
| Introduced By: Representatives Carson, Gallison, Fogarty, Naughton, and Craven |
| Date Introduced: January 07, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 3-1-1 of the General Laws in Chapter 3-1 entitled "General |
| Provisions" is hereby amended to read as follows: |
| 3-1-1. Definitions. -- As used in this title, unless the context otherwise requires: |
| (1) "Beverage" means any liquid which that either by itself or by mixture with any other |
| liquid or liquids, is, or may become, fit for human consumption as a drink and which that |
| contains five-tenths of one per cent (.5%) or more of alcohol by weight. |
| (2) "Club" means a corporation subject to the provisions of chapter 6 of title 7, owning, |
| hiring, or leasing a building or space in a building of such extent and character as may be suitable |
| and adequate for the reasonable and comfortable accommodation of its members, and whose |
| affairs and management are conducted by a board of directors, executive committee, or other |
| similar body chosen by the members at a meeting held for that purpose, none of whose members, |
| officers, agents, or employees are paid directly, or indirectly, any compensation by way of profit |
| from the distribution or sale of beverages to the members of the club or to its guests beyond the |
| amount of any reasonable salary or wages as may be fixed and voted each year by the directors or |
| other governing body. |
| (3) "Department" means the department of business regulation. |
| (4) "Director" means the director of the department of business regulation. |
| (5) "Division of taxation" means the division of taxation of the department of |
| administration. |
| (6) "Farmer-winery" means any plant or premise where wine is produced, rectified, |
| blended, or fortified from fruits, flowers, herbs, or vegetables. |
| (7) "Import" means at one time, or in one transaction, to take, or cause to be taken, into |
| this state from outside the state any malt beverage in excess of eight (8) gallons or any vinous |
| beverage or any beverage consisting in whole, or in part, of alcohol produced by distillation in |
| excess of three (3) gallons. |
| (8) "Intoxicating beverage" means a beverage which that contains more than three and |
| two-tenths percent (3.2%) of alcohol by weight. |
| (9) "Malt beverage" means any beverage which that is usually produced at breweries, as |
| distinguished from distilleries. |
| (10) "Nonintoxicating beverage" means a beverage which that contains not more than |
| three and two-tenths percent (3.2%) of alcohol by weight. |
| (11) "Powdered alcohol" means alcohol prepared for sale or other distribution in a dry |
| powder or crystalline, or encapsulated in dry or crystalline form, for direct consumption or |
| reconstitution. |
| (11)(12) "Tavern" means any house where the principal business is the furnishing of food |
| and sleeping accommodations. |
| (12)(13) "Victualing house" means any shop or place where a substantial part of the |
| business is the furnishing of food for consumption at the place where it is furnished. |
| (13)(14) "Winegrower" means any person licensed to operate a farmer's winery under § |
| 3-6-1.1. |
| (14)(15) "Wines" means all fermented alcoholic beverages made from fruits, flowers, |
| herbs, or vegetables and containing not more than twenty-four percent (24%) of alcohol by |
| volume at sixty degrees Fahrenheit (60 degrees F), except cider obtained by the alcohol |
| fermentation of the juice of apples and containing not less than five tenths of one percent (.05%) |
| or containing not more than six percent (6%), of alcohol by weight at sixty degrees Fahrenheit |
| (60 degrees F), including, but not limited to, flavored, sparkling, or carbonated cider. |
| SECTION 2. Chapter 3-8 of the General Laws entitled "Regulation of Sales" is hereby |
| amended by adding thereto the following section: |
| 3-8-17. Possession or sale of powdered alcohol prohibited. -- (a) It is unlawful for a |
| person, firm, or corporation to use, offer for use, purchase, offer to purchase, sell, offer to sell, or |
| possess powdered alcohol, subject to the provisions of §3-11-5. |
| (b) This section shall not apply to the use of powdered alcohol for bona fide research |
| purposes by: a health care provider that operates primarily for the purpose of conducting |
| scientific research; a state institution; a private college or university; or a pharmaceutical or |
| biotechnology company. |
| SECTION 3. This act shall take effect upon passage. |
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| LC003073/SUB A |
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