| Chapter 004 |
| 2022 -- S 2153 AS AMENDED Enacted 02/16/2022 |
| A N A C T |
| RELATING TO ALCOHOLIC BEVERAGES -- MANUFACTURING AND WHOLESALE LICENSES -- RETAIL LICENSES |
Introduced By: Senator Hanna M. Gallo |
| Date Introduced: January 28, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. 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 (1,500 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. |
| (c) The brewpub manufacturer's license further authorizes the sale of beverages |
| 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 gallons (50,000 gal.) per year and five hundred dollars ($500) per year for |
| a brewpub producing less than fifty thousand gallons (50,000 gal.) per year. The annual fee is shall |
| be prorated to the year ending December 1 in every calendar year and paid to the general treasurer |
| for the use of the state. |
| (e) [Expires March 1, 2022]. A holder of a brewpub manufacturer's license will be |
| permitted to sell, with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) |
| bottles of wine or the equivalent volume of wine in smaller factory sealed containers, or seventy- |
| two ounces (72 oz.) of mixed wine-based drinks or single-serving wine in containers sealed in such |
| a way as to prevent re-opening without obvious evidence that the seal was removed or broken, one |
| hundred forty-four ounces (144 oz.) of beer or mixed beverages in original factory sealed |
| containers, and one hundred forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 |
| oz.) of mixed beverages containing not more than nine ounces (9 oz.) of distilled spirits in growlers, |
| bottles, or other containers sealed in such a way as to prevent re-opening without obvious evidence |
| that the seal was removed or broken, provided such sales shall be made in accordance with § 1.4.10 |
| of the department of business regulation (DBR) liquor control administration regulations, 230- |
| RICR-30-10-1, and any other DBR regulations. |
| (1) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a brewpub |
| licensee is prohibited. |
| (2) The provisions of subsection (e) and (e)(1) of this section shall remain permanent and |
| any sunset provision pursuant to section 3 of chapter 129 P.L. 2021, ch. 129, § 3 or section 3 of |
| chapter 130 P.L. 2021, ch. 130, § 3 of the public laws of 2021 shall be void. |
| SECTION 2. Section 3-7-7 of the General Laws in Chapter 3-7 entitled "Retail Licenses" |
| is hereby amended to read as follows: |
| 3-7-7. Class B license. |
| (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or |
| victualer whose tavern or victualing house may be open for business and regularly patronized at |
| least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or |
| served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may |
| fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town |
| council may, in its discretion, issue full and limited Class B licenses which may not be transferred, |
| but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland |
| town council may, in its discretion, issue full and limited Class B licenses which may not be |
| transferred to another person or entity, or to another location, but which shall revert to the town of |
| Cumberland if not renewed by the holder. |
| The Pawtucket city council may, in its discretion, issue full and limited Class B licenses |
| which may not be transferred to another person or entity, or to another location, but which shall |
| revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any |
| Class B license holders whose licenses were issued by the Pawtucket city council with the right to |
| transfer. |
| (2) The license authorizes the holder to keep for sale and sell beverages including beer in |
| cans, at retail at the place described and to deliver them for consumption on the premises or place |
| where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging |
| of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge shall |
| be posted at the entrance of the establishments in a prominent place. |
| (i) [Expires March 1, 2022]. A holder of a Class B license will be permitted to sell, with |
| take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the |
| equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of |
| mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent |
| re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four |
| ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred |
| forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages |
| containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other |
| containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was |
| removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the |
| department of business regulation (DBR) liquor control administration regulations, 230-RICR-30- |
| 10-1, and any other DBR regulations. A Class B license holder shall not sell alcoholic beverages |
| under the provisions of this subsection for a lower price than what is charged for the same beverage |
| for consumption on the premises. |
| (ii) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a Class B |
| licensee is prohibited. |
| (iii) The provisions of subsection subsections (a)(2)(i) and (a)(2)(ii) of this section shall |
| remain permanent and any sunset provision pursuant to section 3 of chapter 129 P.L. 2021, ch. |
| 129, § 3 or section 3 of chapter 130 P.L. 2021, ch. 130, § 3 of the public laws of 2021 shall be void. |
| (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless |
| proper permits have been properly obtained from the local licensing authorities. |
| (4) Any holder of a Class B license may, upon the approval of the local licensing board |
| and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open |
| for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal |
| state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license |
| shall be advertised by the local licensing board in a newspaper having a circulation in the county |
| where the establishment applying for the license is located. |
| (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her |
| business and products sold on the premises, including neon signs, and is allowed to light those signs |
| during all lawful business hours, including Sundays and holidays. |
| (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail |
| class B and/or class ED license may apply to the municipality in which the licensee is located for |
| a permit to conduct a so-called "Lock-In Event", under the following conditions: |
| (i) A "Lock-In Event" is defined as an event where a specified group of individuals are |
| permitted to remain in a licensed premises after closing hours including, but not limited to, the |
| hours of 1:00 a.m. to 6:00 a.m. |
| (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant |
| to a permit issued for each such event, subject to such conditions as may attach to the permit. The |
| fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars |
| ($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the |
| municipal licensing authority and there shall be no appeal from the denial of such a permit. |
| (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured |
| in place or removed from the public portion of the premises and secured to the satisfaction of the |
| municipality issuing the Lock-In Event permit. |
| (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the |
| Lock-In Event participants and no other patrons shall be admitted to the premises who are not |
| participants. It shall be a condition of the permit that participants shall not be admitted more than |
| thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of |
| unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises. |
| (v) As part of the Lock-In Event, food shall be served. |
| (vi) The municipal licensing authority may, in its sole discretion, require the presence of a |
| police detail, for some or all of the event, and the number of officers required, if any, shall be |
| determined by the municipality as part of the process of issuing the Lock-In Event permit. The |
| licensee shall be solely responsible for the cost of any such required police detail. |
| (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two |
| thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400) |
| to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred |
| (2,500) inhabitants, as determined by the last census taken under the authority of the United States |
| or the state, the fee for each retailer's Class B license shall be determined by the town council, but |
| shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his |
| or her application, any retailer's Class B license may be issued limiting the sale of beverages on the |
| licensed premises to malt and vinous beverages containing not more than twenty percent (20%) |
| alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200) |
| to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in |
| each case be prorated to the year ending December 1 in every calendar year. |
| (1) Upon the approval and designation of a district or districts within its city or town by |
| the local licensing board, the local licensing board may issue to any holder of a Class B license or |
| a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and |
| Saturdays, the night before a legal state holiday or such other days as determined by the local board, |
| for one hour past such license holder's legal closing time as established by the license holder's |
| license or licenses including, but not limited to, those issued pursuant to subsection (a)(4) of this |
| section. The extended hours permit shall not permit the sale of alcohol during the extended one- |
| hour period and shall prohibit the admittance of new patrons in the establishment during the |
| extended one-hour period. The designation of such district(s) shall be for a duration of not less than |
| six (6) months. Prior to designating any such district, the local licensing authority shall hold a |
| hearing on the proposed designation. The proposed designation shall include the boundaries of the |
| proposed district, the applicable days for the extended hours, and the duration of the designation |
| and the conditions imposed. The proposed designation shall be advertised at least once per week |
| for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town. |
| The city or town will establish an application process for an extended hours permit for such license |
| holder and may adopt rules and regulations to administer the permit. |
| SECTION 3. Section 3 of Chapter 129 of the Public Laws of 2021 entitled "An Act |
| Relating to Alcoholic Beverages - Retail Licenses", is hereby amended to read as follows: |
| SECTION 3. This act shall take effect upon passage and shall sunset on March 1, 2022. |
| SECTION 4. Section 3 of chapter 130 of the Public Laws of 2021 entitled "An Act Relating |
| to Alcoholic Beverages - Retail Licenses", is hereby amended to read as follows: |
| SECTION 3. This act shall take effect upon passage and shall sunset on March 1, 2022. |
| SECTION 5. This act shall take effect upon passage. |
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| LC004390 |
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