House Bill #5623 (2017)

AN ACT RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

Requires that any applicant or holder of a retail license for the sale of alcoholic beverages be required to file a certificate of insurance evidencing liability insurance coverage in certain minimum amounts.

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Changes since original draft

  • 2017 – H 5623
  • 2017 – H 5623 SUBSTITUTE A AS AMENDED
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  • LC001293
  • LC001293/SUB A/2
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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. 2017
  • ____________
  • A N A C T
  • ____________
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSES
  • Introduced By: Representative Raymond H. Johnston
  • Date Introduced: March 01, 2017
  • Referred To: House Corporations
  • (by request)
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 3-7 of the General Laws entitled "Retail Licenses" is hereby amended by adding thereto the following section:
  • 3-7-29. Liquor liability insurance.
  • Any applicant or holder of any retail license for the sale of alcoholic beverages issued pursuant to this chapter shall file with the application a certificate of insurance evidencing comprehensive, general-liability and liquor-liability coverage in the minimum amount of five hundred thousand dollars ($500,000) for bodily or personal injury and one hundred fifty thousand dollars ($150,000) for property damage. Failure to maintain insurance as required by this section, shall result in a revocation of the retail license unless the holder of the license reinstates insurance coverage within forty-eight (48) hours of notice of revocation. The certificate of insurance shall provide that the insurance shall not be modified or cancelled unless thirty (30) days prior notice is given to the licensing authority.
  • SECTION 2. Section 3-7-27 of the General Laws in Chapter 3-7 entitled "Retail Licenses" is hereby repealed.
  • 3-7-27. Insurance requirements. (a) In the town of Burrillville, an applicant for a license under this chapter shall file with the application a certificate of insurance evidencing comprehensive, general-liability coverage in the minimum amount of three hundred thousand dollars ($300,000) for bodily or personal injury and one hundred thousand dollars ($100,000) for property damage; or for a minimum amount to be set by ordinance. The certificate shall provide that the insurance shall not be modified or cancelled unless thirty (30) days prior notice is given to the town of Burrillville and that the town of Burrillville is named as an additional insured. A licensee must be insured by a carrier licensed in this state.
  • (b) In the town of North Providence, an applicant for a license under this chapter shall file with the application a certificate of insurance evidencing comprehensive, general-liability coverage in the minimum amount of three hundred thousand dollars ($300,000) for bodily or personal injury and one hundred thousand dollars ($100,000) for property damage; or for a minimum amount to be set by ordinance. The certificate shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is given to the town of North Providence, according to the terms of the insurance policy, and that the town of North Providence is named as an additional insured. A licensee must be insured by a carrier licensed in this state.
  • SECTION 3. This act shall take effect on May 1, 2017, and shall apply to any new or renewed license issued or renewed on or after May 1, 2017.
  • Any applicant or holder of any retail license for the sale of alcoholic beverages issued pursuant to this chapter, except those applicants for or holders of class F liquor licenses, or class AS liquor licenses and except as provided in §3-7-27, shall file with the application a certificate of insurance evidencing commercial general-liability and liquor liability and property damage coverage in the minimum amount of three hundred thousand dollars ($300,000). Failure to maintain insurance as required by this section, shall result in a revocation of the retail license unless the holder of the license reinstates insurance coverage within forty-eight (48) hours of notice of revocation. The certificate of insurance shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is given to the licensing authority.
  • SECTION 2. Section 3-7-27 of the General Laws in Chapter 3-7 entitled "Retail Licenses" is hereby amended to read as follows:
  • 3-7-27. Insurance requirements.
  • (a) In the town of Burrillville, an applicant for a license under this chapter shall file with the application a certificate of insurance evidencing comprehensive commercial, general-liability and property damage coverage in the minimum amount of three hundred thousand dollars ($300,000) for bodily or personal injury and one hundred thousand dollars ($100,000) for property damage; or for a minimum amount to be set by ordinance. The certificate shall provide that the insurance shall not be modified or cancelled unless thirty (30) days prior, advance notice is given to the town of Burrillville and that the town of Burrillville is named as an additional insured. A licensee must be insured by a carrier licensed in this state.
  • (b) In the town of North Providence, an applicant for a license under this chapter shall file with the application a certificate of insurance evidencing comprehensive commercial, general-liability and property damage coverage in the minimum amount of three hundred thousand dollars ($300,000) for bodily or personal injury and one hundred thousand dollars ($100,000) for property damage; or for a minimum amount to be set by ordinance. The certificate shall provide that the insurance shall not be modified or cancelled unless prior, advance notice is given to the town of North Providence, according to the terms of the insurance policy, and that the town of North Providence is named as an additional insured. A licensee must be insured by a carrier licensed in this state.
  • SECTION 3. This act shall take effect on August 1, 2017, and shall apply to any new or renewed license issued or renewed on or after August 1, 2017.
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  • LC001293
  • LC001293/SUB A/2
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSES
  • ***
  • This act would require that any applicant or holder of any retail license for the sale of alcoholic beverages be required to file with the application a certificate of insurance evidencing comprehensive, general-liability and liquor-liability coverage in the minimum amount of five hundred thousand dollars ($500,000) for bodily or personal injury and one hundred fifty thousand dollars ($150,000) for property damage. This act would also provide that failure to maintain such insurance would result in a revocation of the retail license, unless the holder of the license reinstates insurance coverage within forty-eight (48) hours of notice of revocation. The certificate of insurance would also provide that the insurance may not be modified or cancelled, unless thirty (30) days prior notice is given to the licensing authority.
  • This act would take effect on May 1, 2017, and would apply to any new or renewed license issued or renewed on or after May 1, 2017.
  • ========
  • LC001293
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSES
  • ***
  • This act would require any applicant or holder of a retail license for the sale of alcoholic beverages, except for those holders of class F or AS liquor licenses, to file a certificate of insurance and maintain commercial general liability insurance as a condition of holding a retail license. Insurance coverage shall be no less than three hundred thousand dollars ($300,000). This act would further amend §3-7-27 and would require minimum coverage of three hundred thousand dollars ($300,000).
  • This act would take effect on August 1, 2017, and would apply to any new or renewed license issued or renewed on or after August 1, 2017. ======== LC001293/SUB A/2 ========

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 PASSAGE

June 27, 2017 at 7:30pm
Yeas: 69 / Nays: 0 / Not voting: 4 / Recused: 2
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino NV
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi R
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan R
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips NV
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for Approval of Amendment

September 19, 2017 at 6:20pm
Yeas: 33 / Nays: 0 / Not voting: 5 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Doyle NV
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle Y
Sen. Lombardi Y
Sen. Lombardo NV
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller NV
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson NV
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for Passage as Amended

September 19, 2017 at 6:20pm
Yeas: 27 / Nays: 6 / Not voting: 5 / Recused: 0
Legislator Vote
Sen. Algiere N
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Doyle NV
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee N
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle N
Sen. Lombardi Y
Sen. Lombardo NV
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller NV
Sen. Morgan N
Sen. Nesselbush Y
Sen. Paolino N
Sen. Pearson NV
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis N
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y