Chapter 437

2016 -- H 8327 Enacted 07/12/2016

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES

Introduced By: Representatives Bennett, Hull, Solomon, McNamara, and Diaz

Date Introduced: June 10, 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) "Alcohol inhalation" means a method of administering ethanol or alcoholic beverages

directly into the respiratory system, with the aid of a vaporizing or nebulizing device.

(2) "Alcohol-without-liquid device" means a device, machine, apparatus, or appliance

that is designed or marketed for the purpose of inhaling alcohol vapor or otherwise introducing

alcohol in any form into the human body including, but not limited to, introducing a heating

element to convert the alcohol to a vapor or by mixing alcohol with pure or diluted oxygen, or

another gas, to produce an alcoholic vapor that an individual can inhale or snort. An alcohol-

without-liquid device does not include an inhaler, nebulizer, atomizer, or other device that is

designed and intended by the manufacturer to dispense a prescribed or over-the-counter

medication.

(1)(3) "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)(4) "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)(5) "Department" means the department of business regulation.

(4)(6) "Director" means the director of the department of business regulation.

(5)(7) "Division of taxation" means the division of taxation of the department of

administration.

(6)(8) "Farmer-winery" means any plant or premise where wine is produced, rectified,

blended, or fortified from fruits, flowers, herbs, or vegetables.

(7)(9) "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)(10) "Intoxicating beverage" means a beverage which that contains more than three

and two-tenths percent (3.2%) of alcohol by weight.

(9)(11) "Malt beverage" means any beverage which that is usually produced at

breweries, as distinguished from distilleries.

(10)(12) "Nonintoxicating beverage" means a beverage which that contains not more

than three and two-tenths percent (3.2%) of alcohol by weight.

(11)(13) "Tavern" means any house where the principal business is the furnishing of

food and sleeping accommodations.

(12)(14) "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)(15) "Winegrower" means any person licensed to operate a farmer's winery under §

3-6-1.1.

(14)(16) "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:

3-8-1718 . Possession or sale of alcohol without liquid device prohibited. -- (a) It is

unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or

possess an alcohol-without-liquid device as defined in §3-1-1.

(b) This section shall not apply to a healthcare provider that operates primarily for the

purpose of conducting scientific research, a state institution conducting bona fide research, a

private college or university conducting bona fide research, or to a pharmaceutical company or

biotechnology company conducting bona fide research.

SECTION 3. This act shall take effect upon passage.

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LC006136

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