House Bill #5255 (2021)

AN ACT RELATING TO ALCOHOLIC BEVERAGES - MANUFACTURING AND WHOLESALE LICENSES - BREWERIES AND DISTILLERIES

Modifies 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.

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Changes since original draft

  • 2021 – H 5255
  • 2021 – H 5255 SUBSTITUTE A
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  • LC001030
  • LC001030/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • 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
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES - MANUFACTURING AND WHOLESALE
  • LICENSES - BREWERIES AND DISTILLERIES
  • Introduced By: Representatives Caldwell, Phillips, S Lima, Hawkins, Corvese, McEntee,
  • and Place
  • and Place
  • Date Introduced: January 29, 2021
  • Referred To: House Small Business
  • 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 manufacturingless than fifteenthousand 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.
  • (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 in an amount not in excess of twenty-four (24) forty-eight (48) twelve-ounce (12 oz.) bottles or cans or twenty-four (24) forty-eight (48) sixteen- ounce (16 oz.) bottles or cans of malt beverages, or seven hundred fifty milliliters (750 ml) one thousand five hundred milliliters (1500 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more than seventy-two ounces (72 oz.) each. 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 exceedthree hundred seventy-five milliliters (375 ml) per visitorfordistilled spiritsand 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) 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. 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. The license also authorizes the sale of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce (12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages, or one thousand five hundred milliliters (1500 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more than seventy-two ounces (72 oz.) each. 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.
  • (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.
  • SECTION 3. This act shall take effect upon passage.
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  • LC001030
  • LC001030/SUB A
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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
  • ***
  • 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. ======== LC001030 ========
  • This act would take effect upon passage. ======== LC001030/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for DISTILLERIES

July 01, 2021 at 6:15pm
Yeas: 36 / Nays: 0 / Not voting: 1 / Recused: 1
Legislator Vote
Sen. Acosta Y
Sen. Algiere Y
Sen. Anderson Y
Sen. Archambault Y
Sen. Bell Y
Sen. Burke Y
Sen. Calkin NV
Sen. Cano Y
Sen. Ciccone Y
Sen. Coyne Y
Sen. Cruz Y
Sen. DiMario Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Kallman Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Mack Y
Sen. McCaffrey Y
Sen. Mendes Y
Sen. Miller R
Sen. Morgan Y
Sen. Murray Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Seveney Y
Sen. Sosnowski Y
Sen. Valverde Y