2021 -- S 0199

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LC001029

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - MANUFACTURING AND WHOLESALE

LICENSES - BREWERIES AND DISTILLERIES

     Introduced By: Senators Murray, Cano, Lawson, Goldin, Mendes, Acosta, and Burke

     Date Introduced: February 05, 2021

     Referred To: Senate Special Legislation and Veterans Affairs

     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 for off-premises consumption in an amount not in

excess of twenty-four (24) twelve-ounce (12 oz.) bottles or cans or twenty-four (24) sixteen-ounce

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

equivalent or one and three-quarters liters (1.75 L) of distilled spirits per visitor, per day, to be sold

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

     (1) Brewers manufacturing less than seven thousand five hundred (7,500) barrels per year

shall be able to sell not more than ten (10) cases or equivalent per person, per day;

     (2) Distilleries manufacturing less than seven thousand five hundred gallons (7,500 gal.)

per year shall be able to sell not more than ten liters (10 L) per person, per day; and

     (3) Distilleries manufacturing less than fifteen thousand gallons (15,000 gal.) per year shall

be able to sell not more than five liters (5 L) per person, per day.

     (c) 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.

     (c)(d) The annual fee for the license is three thousand dollars ($3,000) for a distillery

producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for a

distillery producing less than or equal to fifty thousand (50,000) gallons 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 per year and five hundred dollars ($500) per

year for a winery producing less than fifty thousand (50,000) gallons 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. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - MANUFACTURING AND WHOLESALE

LICENSES - BREWERIES AND DISTILLERIES

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     This act would modify limitations on quantities of malt beverages and distilled spirits that

can be sold at retail by certain licensed breweries and distilleries for off-premises consumption.

     This act would take effect upon passage.

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