law21314

Chapter 314

2021 -- H 5255 SUBSTITUTE A
Enacted 07/09/2021

A N A C T

RELATING TO ALCOHOLIC BEVERAGES - MANUFACTURING AND WHOLESALE LICENSES - BREWERIES AND DISTILLERIES

Introduced By: Representatives Caldwell, Phillips, S Lima, Hawkins, Corvese, McEntee, and Place

Date Introduced: January 29, 2021

It is enacted by the General Assembly as follows:

SECTION 1. Section 3-6-1 of the General Laws in Chapter 3-6 entitled "Manufacturing

and Wholesale Licenses" is hereby amended to read as follows:

3-6-1. Manufacturer's license.

(a) A manufacturer's license authorizes the holder to establish and operate a brewery,

distillery, or winery at the place described in the license for the manufacture of beverages within

this state. The license does not authorize more than one of the activities of operator of a brewery or

distillery or winery and a separate license shall be required for each plant.

(b) The license also authorizes the sale at wholesale, at the licensed place by the

manufacturer of the product of the licensed plant, to another license holder and the transportation

and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The

license does authorize the sale of beverages for consumption on premises where sold; provided that

the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of malt beverage

or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a combination not

greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.) of beer or one and

one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The license also authorizes

the sale of beverages produced on the premises in an amount not in excess of twenty-four (24)

forty-eight (48) twelve-ounce (12 oz.) bottles or cans or twenty-four (24) forty-eight (48) sixteen-

ounce (16 oz.) bottles or cans of malt beverages, or seven hundred fifty milliliters (750 ml) one

thousand five hundred milliliters (1500 ml), of distilled spirits per visitor, per day, to be sold in

containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may be

sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

governing retail Class A establishments. The containers for the sale of beverages for off-premises

consumption shall be sealed. The license does not authorize the sale of beverages in this state for

delivery outside this state in violation of the law of the place of delivery. The license holder may

provide to visitors, in conjunction with a tour or tasting, samples, clearly marked as samples, not

to exceed three hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-

two ounces (72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the

product of the licensed plant to visitors for off-premises consumption. The license does not

authorize providing samples to a visitor of any alcoholic beverages for off-premises consumption

that are not manufactured at the licensed plant. All manufacturer licenses conducting retail sales

and/or providing samples shall be subject to compliance with alcohol server training and liquor

liability insurance requirements set forth in §§ 3-7-6.1 and 3-7-29 and the regulations promulgated

thereunder.

producing more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars

($500) for a distillery producing less than or equal to fifty thousand (50,000) gallons (50,000 gal.)

per year; five hundred dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500)

for a winery producing more than fifty thousand (50,000) gallons (50,000 gal.) per year and five

hundred dollars ($500) per year for a winery producing less than fifty thousand (50,000) gallons

(50,000 gal.) per year. All those fees are prorated to the year ending December 1 in every calendar

year and shall be paid to the general treasurer for the use of the state.

SECTION 2. Section 3-6-1.2 of the General Laws in Chapter 3-6 entitled "Manufacturing

and Wholesale Licenses" is hereby amended to read as follows:

3-6-1.2. Brewpub manufacturer's license.

(a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

beverages manufactured on the location for consumption on the premises. The license shall not

authorize the retail sale of beverages from any location other than the location set forth in the

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

pursuant to the laws governing retail Class A establishments. The license also authorizes the sale

of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce

(12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages,

or one thousand five hundred milliliters (1500 ml), of distilled spirits per visitor, per day, to be sold

in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may

be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

governing retail Class A establishments.

(b) The license shall also authorize the sale at wholesale at the licensed place by the

manufacturer of the product of his or her licensed plant as well as beverages produced for the

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

for that delivery.

manufactured on the premises to any person holding a valid wholesaler's and importer's license

under § 3-6-9 or 3-6-11.

(d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

more than fifty thousand (50,000) gallons (50,000 gal.) per year and five hundred dollars ($500)

per year for a brewpub producing less than fifty thousand (50,000) gallons (50,000 gal.) per year.

The annual fee is prorated to the year ending December 1 in every calendar year and paid to the

general treasurer for the use of the state.

SECTION 3. This act shall take effect upon passage.

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LC001030/SUB A

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