Senate Bill #555 (2021)

AN ACT RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES

Authorizes a holder of a Class B license to sell alcoholic beverages with take-out food orders with a sunset on 3/1/2022.

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  • 2021 – S 0555
  • 2021 – S 0555 SUBSTITUTE A AS AMENDED
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  • LC001347
  • LC001347/SUB A/2
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  • 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
  • S T A T E O F R H O D E I S L A N D
  • 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:
  • Referred To: Senate Special Legislation and Veterans Affairs
  • It is enacted by the General Assembly as follows:
  • SECTION 1. 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 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 arenotpermitted tohold danceswithin 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 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 business andproducts sold onthe premises, including neon signs, andis allowed tolight 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:
  • (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 thetown of East Greenwich if not renewed bythe 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 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) 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.
  • (ii) Delivery of alcoholic beverages with food from a Class B licensee is prohibited.
  • (3)Holdersoflicensesarenot permittedtoholddanceswithinthelicensedpremises,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 businessandproductssoldon thepremises,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 may apply to the municipality in which such 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 eachsuchevent, subject to such conditions as suchmay attachto the permit. The feefor the permit shall be not less thanfifty dollars ($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.
  • LC001347 - Page 2of 5
  • (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.
  • (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 such may attach to the permit. Thefeeforthe permit shall be not less than fiftydollars($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) Duringtheentire period of anyLock-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 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 less thantwothousand 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 legalstateholiday or suchother days asdetermined 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 ========
  • LC001347 - Page 4of 5
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES
  • ***
  • This actwould authorize aholder of a Class Blicense to sellalcoholic beverageswith take- out food orders.
  • This act would take effect upon passage and would sunset on December 31, 2022. ======== LC001347 ========
  • LC001347 - Page 5of 5
  • (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 twothousand dollars($2,000). In towns witha population of lessthan twothousand 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 beforea legal state holidayor suchother daysasdeterminedbythelocal 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 subdivision (4) hereof. 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 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.
  • (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 (50,000) gallons per year and five hundred dollars ($500) per year for a brewpub producing less than fifty thousand (50,000) gallons 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.
  • (e) A holder of a brewpub manufacturers 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 factorysealed containers, orseventy-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 (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) Delivery of alcoholic beverages with food from a brewpub licensee is prohibited.
  • SECTION 3. This act shall take effect upon passage and shall sunset on March 1, 2022.
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  • LC001347/SUB A/2
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES - RETAIL LICENSES
  • ***
  • This act would authorize a holder of a Class B or brew pub manufacturer's license to sell specifiedamountsofwine,beerandmixedalcoholicbeverageswithtake-out foodorders;however, sale of all other alcoholic beverages and any delivery of alcoholic beverages would be prohibited.
  • This act would take effect upon passage and would sunset on March 1, 2022. ======== LC001347/SUB A/2 ========

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