House Bill #7060 (2022)

AN ACT RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES--HAPPY HOUR

Allows happy hour drink specials served in conjunction with meals prepared on the premises sufficient to constitute breakfast, lunch or dinner, excluding snacks.

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2022 – H 7060
  • 2022 – H 7060 SUBSTITUTE A
  • ========
  • LC003211
  • LC003211/SUB A
  • ========
  • 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. 2022
  • ____________
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSESHAPPY HOUR
  • S TATE OF RHODE IS LAND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2022
  • ____________
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSESHAPPY HOUR
  • Introduced By: Representatives Alzate, McEntee, Caldwell, J Lombardi, and Carson
  • Date Introduced: January 12, 2022
  • Referred To: House Corporations
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 3-7-26 of the General Laws in Chapter 3-7 entitled "Retail Licenses" is hereby amended to read as follows:
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 3-7-26 of the GeneralLaws in Chapter 3-7 entitled "RetailLicenses" is hereby amended to read as follows:
  • 3-7-26. Certain practices prohibited.
  • (a) No licensee, employee or agent of any licensee who operates under a license to sell alcoholic beverages shall:
  • (1) Causeor requireanyperson or personsto buymore than one drinkat atime byreducing the price of that drink;
  • (1) Causeor require anypersonor persons tobuy more thanone drink atatime by reducing the price of that drink;
  • (2) Increase the volume of alcohol contained in any alcoholic beverage without proportionately increasing the price;
  • (3) Sell, propose to sell or deliver to any person or persons an unlimited number of drinks during a certain period of time for a fixed price; or
  • (4) Allow or encourage any game or promotion on the premises which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as prizes for consumption on the premises.
  • (b)(1) No licensee shall advertise or promote in any manner, or in any medium, happy hours, open bars, two-for-one nights and/or free drink specials.
  • (2) Any licensee is prohibited from knowingly allowing the use of its premises as part of an organized pub crawl, so-called. A pub crawl shall be defined as an organized event intended to promote the organized, commercial travel of significantly large groups of individuals between licensed premises for the primary purpose of consuming alcoholic beverages at more than one premise. Evidence of a pub crawl shall include, but not be limited by:
  • (i) The existence of advertising, flyers, tickets or other printed or electronic material promoting or describing a planned pub crawl;
  • (ii) Organized, commercial transportation intended to move a total of fifty (50) or more individuals from one premise to another in an organized fashion; and
  • (iii) Evidence of compensation paid to an organizer by participants in a pub crawl. The department of business regulation is authorized to promulgate rules and regulations consistent with this section.
  • (c) Nothing in this section shall be construed to prohibit a licensee from offering free food or entertainment at any time; or to prohibit licensees from including an alcoholic beverage as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit free wine tastings. Except as otherwise limited by this section, nothing contained in this section shall limit or may restrict the price which may be charged by any licensee for any size alcoholic beverage to be consumed on the licensed premises.
  • (d) Adherence to this section is deemed to be a condition attached to the issuance and/or continuation of every license to sell alcoholic beverages for consumption on the licensed premises, and this section shall be enforced by the applicable local licensing authority, its agents, and the department.
  • (e) Notwithstanding the prohibition of happy hours contained in subsection (b)(1) of this section, happy hour drink specials served as part of a larger transaction that includes a meal are permitted. For the purposes of this section, "happy hour" means a period of time during which a licensee sells or provides discount alcoholic beverages. For the purposes of this subsection, a "meal" means food prepared on the premises which is sufficient to constitute breakfast, lunch or dinner. Snacks including, but not limited to, pretzels, popcorn, chips, or similar food do not meet the definition of a meal. The department of business regulation shall promulgate rules and regulation to implement the provisions of this subsection.
  • (e)(f) The provisions of this section are deemed to be severable and any final decision by a court of competent jurisdiction holding that any provision of this section is void, shall not make void nor affect any of the remaining provisions of this section.
  • SECTION 2. This act shall take effect upon passage.
  • ========
  • LC003211
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSESHAPPY HOUR
  • ***
  • This act would allow happy hour drink specials served in conjunction with meals prepared on the premises sufficient to constitute breakfast, lunch or dinner, excluding snacks.
  • This act would take effect upon passage. ======== LC003211 ========
  • (b)(1) No licensee, other than those authorized pursuant to subsection (e) of this section, shall advertise or promote in any manner, or in any medium, happy hours, open bars, two-for-one nights and/or free drink specials.
  • (2) Any licensee is prohibited from knowingly allowing the use of its premises as part of an organized pub crawl, so-called. A pub crawlshall be defined as anorganized event intended to promote the organized, commercial travel of significantly large groups of individuals between licensed premises for the primary purpose of consuming alcoholic beverages at more than one premise. Evidence of a pub crawlshallinclude, but not be limited by:
  • (i) The existence of advertising, flyers, tickets or other printed or electronic material promoting or describing a planned pub crawl;
  • (ii) Organized, commercial transportation intended to move a total of fifty (50) or more individuals from one premise to another in an organized fashion; and
  • (iii) Evidence of compensation paid to an organizer by participants in a pub crawl. The departmentof business regulation is authorized topromulgate rules and regulations consistent with this section.
  • (c) Nothing in this section shall be construed to prohibit a licensee from offering free food or entertainment atany time; or to prohibit licensees from including an alcoholic beverage as part of a mealpackage;or to prohibit the sale or delivery of wine by the bottle or carafe whensold with meals or to more than one person; or to prohibit free wine tastings. Except as otherwise limited by this section, nothing contained in this section shall limit or may restrict the price which may be charged by any licensee for any size alcoholic beverage to be consumed on the licensed premises.
  • (d) Adherence to this section is deemed to be a condition attached to the issuance and/or continuation of everylicense to sell alcoholic beverages for consumption on the licensed premises, and this section shall be enforced by the applicable local licensing authority, its agents, and the department.
  • (e)(1)Notwithstanding the prohibition of happy hours contained in this section, happyhour drink specials served as part of a transaction that includes the purchase of a food item shall be permitted. For the purposes of this section, "happy hour" means a period of time during which a licensee sells or provides discount alcoholic beverages. For the purposes of this section, a "food item" meansany food product, preparedon premises which is included on the establishment's menu or included in the daily specials as either an appetizer or entrée item.
  • (2) Snacks, including, but not limited to, pretzels, popcorn, chips, or similar food products commonly eaten between regular meals do not meet the definition of a food item.
  • (3) Advertisements or promotions for happy hour shall be permitted pursuant to this section; provided that, the advertisement or promotion specifically mentions the requirement thata food item must be included in the transaction for the happy hour special to apply.
  • (4) The departmentof business regulation shall promulgate rules andregulations necessary to implement the provisions of this section.
  • (e)(f) The provisions of this section are deemed to be severable and any final decision by
  • LC003211/SUB A - Page 2of 4 a court of competent jurisdiction holding that any provision of this section is void, shall not make void nor affect any of the remaining provisions of this section.
  • SECTION 2. This act shalltake effect upon passage. ======== LC003211/SUB A ========
  • LC003211/SUB A - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSESHAPPY HOUR
  • ***
  • This actwould allow happy hour drink specials servedin conjunction with the purchase of a food item, which would include appetizers or entrees prepared on premises.
  • This act would take effect upon passage. ======== LC003211/SUB A ========
  • LC003211/SUB A - Page 4of 4

Votes

RIBIT does not have any votes for this legislation yet.
(Vote tracking on RIBIT is still a work-in-progress, so make sure to check the official RI website, too!)