2012 -- H 7244

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LC00704

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

     Introduced By: Representatives Silva, and Serpa

     Date Introduced: January 25, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-7-8 of the General Laws in Chapter 3-7 entitled "Retail Licenses"

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is hereby amended to read as follows:

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     3-7-8. Class C license. -- (a) A retailer's Class C license authorizes the holder of the

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license to keep for sale and to sell beverages at retail at the place described in the license and to

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deliver those beverages for consumption on the premises where sold. No beverages shall be sold

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or served after twelve o'clock (12:00) midnight nor before six o'clock (6:00) a.m., except as

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provided in subsection (e) herein. Local license boards in the several cities and towns may fix an

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earlier closing time within their discretion. The license authorizes the holder to keep for sale and

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sell beverages, including beer in cans, at retail at the place described in the license and to deliver

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those beverages for consumption on the premises.

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      (b) The license authorizes the holder to sell pre-packaged foods prepared off the

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premises with beverages but prohibits the preparation and serving of foods cooked on the

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premises. The holder of the license may serve with beverages and without charge popcorn,

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crackers, bread, pretzels, sausage of any type, pickles, sardines, smoked herring, lupino beans,

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and potato chips. No food shall be cooked on the premises but pre-packaged foods prepared and

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cooked off the premises and purchased by the holder from a supplier may be warmed and sold on

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the premises in their original packaging, and all foods shall be covered in accordance with the

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regulations of the state department of health. The annual fee for the license is four hundred

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dollars ($400) to eight hundred dollars ($800), prorated to the year ending December 1 in every

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calendar year.

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      (c) The town councils of the towns of Coventry, Scituate and South Kingstown are

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authorized to prohibit by ordinance the issuance of Class C licenses. Upon prohibiting Class C

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licenses, the license board of the towns of Coventry, Scituate and South Kingstown shall issue

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Class B licenses to the holder of all Class C licenses in those towns. The Class B licenses may be

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issued to the holders of Class C licenses notwithstanding any requirements of section 3-7-7. The

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holders of Class C licenses shall have the full privileges of a Class B license and shall pay the

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annual fee provided for Class B licenses.

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      (d) Notwithstanding any prohibitions on the preparation and serving of foods cooked on

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the premises contained in paragraph (b) herein, the holders of Class C licenses in the city of

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Newport are authorized to prepare and serve foods cooked on the premises. The holders of Class

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C licenses in the city of Newport shall be deemed to be victualling houses for purposes of section

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3-8-1.

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     (e) Any holder of a Class C license may, upon the approval of the local licensing board

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and for the additional payment of two hundred dollars ($200), sell or serve beverages on Fridays

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and Saturdays and the night before legal state holidays until one o’clock (1:00) a.m. All requests

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for a one o’clock (1:00) am license shall be advertised by the local licensing board in a newspaper

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having a circulation in the county where the establishment applying for the license is located.

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     SECTION 2. This act shall take effect upon passage.

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LC00704

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

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     This act would permit the extension of Class C retail alcoholic beverage sales licenses

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operating hours upon application to the local licensing board.

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     This act would take effect upon passage.

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LC00704

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