2021-03-04: Introduced, referred to Senate Special Legislation and Veterans Affairs
2021-03-05: Scheduled for hearing and/or consideration (03/10/2021)
2021-03-10: Committee recommended measure be held for further study
2021-05-28: Scheduled for consideration (06/02/2021)
2021-06-01: Proposed Substitute
2021-06-02: Committee recommends passage of Sub A
2021-06-03: Placed on Senate Calendar (06/08/2021)
2021-06-04: Placed on Senate Calendar (06/08/2021)
2021-06-08: Senate passed Sub A as amended (floor amendment)
2021-06-10: Referred to House Corporations
2021-06-11: Scheduled for consideration (06/15/2021)
2021-06-15: Committee recommends passage of Sub A as amended in concurrence
2021-06-18: Placed on House Calendar (06/23/2021)
2021-06-18: Placed on the House Consent Calendar (06/23/2021)
2021-06-23: House passed Sub A as amended in concurrence
2021-06-28: Transmitted to Governor
2021-07-02: Signed by Governor
Changes since original draft
2021 – S 0555
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2021
A N A C T
RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES
Introduced By: Senators Gallo, and Euer
Date Introduced: March 04, 2021
Referred To: Senate SpecialLegislation and Veterans Affairs
It is enacted by the GeneralAssembly as follows:
SECTION 1. Section 3-7-7 of the GeneralLaws 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 servedafter 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 maynot be transferred, but which shall reverttothe town of EastGreenwichif not renewedby the holder.The Cumberland town council may, in its discretion, issue full and limited Class B licenses which may not be transferredtoanother person or entity, or to another location, but which shall revertto the town of Cumberland if not renewed by the holder.
The Pawtucketcity council may, in its discretion, issue full and limited Class B licenses which may not be transferredto another person or entity, or to another location, but which shall revert to the city of Pawtucketif not renewed by the holder. This legislation shall not affectany Class B license holders whose licenses were issuedby the Pawtucketcity council with the right to transfer.
(2) The license authorizes the holder to keep for sale and sell beverages including beer in cans, atretail at the place described and to deliver them for consumption on the premises or place where sold, but only attables 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 is posted at the entrance of the establishments in a prominent place.
(i) A holder of a Class B license will be permitted to sell, with take-out food orders, up to two(2) bottles of wine, one hundred forty-four (144) ounces of beer or mixed beverages in original factory sealed containers, and one hundred forty-four (144) ounces of draft beer or seventy-two (72) ounces of mixed beverages containing not more than nine (9) ounces of distilled spirits in growlers, bottles or other containers sealedin sucha way as to prevent re-opening without obvious evidence that the sealwas 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.
(3) Holders of licenses arenotpermittedtoholddanceswithin the licensedpremises,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 attwelve o'clock (12:00) p.m. and on Fridays andSaturdays and the night before legal stateholidays mayclose attwoo'clock(2:00) a.m.All requestsfor atwoo'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 erectsigns advertising his or her businessandproductssold onthe premises,includingneonsigns,andisallowedtolight 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 mayapply tothe municipality in which suchlicensee 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 eachsuchevent, subject to such conditions as suchmay attachto the permit. Thefeeforthe permit shall be not less thanfiftydollars($50.00) nor more thanone 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 shallbe no appealfrom the denial of such a permit.
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(iii) During the entire period of anyLock-In Event, allalcoholic beveragesmust besecured in place or removed from the public portion of the premises and securedto 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 traveldelays, nor permitted to re-enter the event if they leave the licensed premises.
(v) As part of the Lock-In Event, food shallbe 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 tavernkeeper 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) totwothousand dollars($2,000). Intowns with apopulation of lessthantwothousand five hundred (2,500) inhabitants, as determined by the last census takenunder the authority of the United States or the state,the fee for eachretailer'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, anyretailer's Class B license maybe issued limiting the sale of beverages onthe 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 twohundred 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, thenight beforea legalstateholidayor suchother daysasdetermined by the localboard, 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 subdivision (4) hereof. The extendedhours 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 extendedone-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
LC001347 - Page 3of 5 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 atleast once per weekfor three (3) weeks prior to the hearing in a newspaper in generalcirculation in the city or town. The city or town will establish anapplication process for anextendedhours permit for suchlicense holder and may adopt rules and regulations to administer the permit.
SECTION 2. This act shall take effect upon passage and shall sunset on December 31, 2022. ======== LC001347 ========
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BY THE LEGISLATIVE COUNCIL
A N A C T
RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES
This actwould authorize aholder of a Class Blicense to sellalcoholicbeverageswithtake-out food orders.
This act would take effect upon passage and would sunset on December 31, 2022. ======== LC001347 ========
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