CHAPTER 456


98-H 7996A
Enacted 7/23/98


A N     A C T

RELATING TO ALCOHOLIC BEVERAGES -- GENERAL PROVISIONS

Introduced By: Representatives Fox, Carter, SanBento, Aiken-Salandria and Palangio

Date Introduced : February 3, 1998

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. -- Unless the context otherwise requires, the words and phrases herein defined are used in this title in the sense given them in the following definitions:

"Beverage": Any liquid which 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 contains five-tenths of one per cent (.5%) or more of alcohol by weight.

"Club": 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 such reasonable salary or wages as may be fixed and voted each year by the directors of other governing body.

"Department": The department of business regulation.

"Director": The director of the department of business regulation.

"Division of Taxation": The division of taxation of the department of administration.

"Farmer-winery": Any plant or premise where wine is produced, rectified, blended or fortified from fruits, flowers, herbs or vegetables.

"His, him, he" or other masculine gender pronoun shall apply to the female as well as the male sex without distinction.

"Import": At one time or in one transaction to take or cause to be taken into this state from without 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.

"Intoxicating beverage": A beverage which contains more than three and two-tenths percent (3.2%) of alcohol by weight.

"Malt beverage": Any beverage which is usually produced at breweries, as distinguished from distilleries.

"Nonintoxicating beverage": A beverage which contains not more than three and two-tenths percent (3.2%) of alcohol by weight.

"Tavern": Any house where the principal business is the furnishing of food and sleeping accommodations.

"Victualing house": 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.

"Winegrower": Any person licensed to operate a farmer's winery under section 3-6-1.1.

"Wines": 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 {ADD obtained by the alcohol fermentation of the juice of apples and ADD} containing not {DEL more DEL} {ADD less ADD} than {DEL three percent (3%) DEL} {ADD five tenths of one percent (.05%) ADD} or containing {ADD not ADD} more than six percent (6%), of alcohol by weight at sixty degrees Fahrenheit (60 degrees F) {DEL . DEL} {ADD including but not limited to flavored, sparkling, or carbonated cider. ADD}

SECTION 2. This act shall take effect upon passage.



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