2014 -- H 8113

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LC005477

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - LICENSES GENERALLY

     Introduced By: Representatives Messier, Fellela, Lima, and Johnston

     Date Introduced: May 01, 2014

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 3-5-21 of the General Laws in Chapter 3-5 entitled "Licenses

Generally" is hereby amended to read as follows:

     3-5-21. Revocation or suspension of licenses -- Fines for violating conditions of

license. -- (a) Every license is subject to revocation or suspension and a licensee is subject to fine

by the board, body or official issuing the license, or by the department or by the division of

taxation, on its own motion, for breach by the holder of the license of the conditions on which it

was issued or for violation by the holder of the license of any statute, ordinance, rule or regulation

applicable, or for breach of any provisions of this section title.

      (b) Any fine imposed pursuant to this section shall not exceed five hundred dollars

($500) one thousand dollars ($1,000) for the first offense and shall not exceed one thousand

dollars ($1,000) five thousand dollars ($5,000) for each subsequent offense. For the purposes of

this section, subsection, any offense committed by a licensee three (3) years after a previous

offense shall be considered a first offense. where any offense is committed by a licensee who has

not committed any offense during the next preceding three (3) years, the offense shall be

considered a first offense.

      (c) In the event that a licensee is required to hire a police detail and the police refuse to

place a detail at the location because a licensee has failed to pay outstanding police detail bills or

to reach a payment plan agreement with the police department, the license board may prohibit the

licensee from opening its place of business until such time as the police detail bills are paid or a

payment plan agreement is reached.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES - LICENSES GENERALLY

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     This act would increase the maximum fines which may be levied for alcoholic beverage

violations by the department of business regulation, the division of taxation, and the local

licensing bodies. This act would further clarify that the penalties authorized by this section may

be imposed for any violation of applicable law, ordinance, rule, or regulation. This act would

further provide that, where a licensee has not committed any offense within the three (3) years

prior to the commission of an offense, that offense committed shall be considered a first offense

for purposes of determining a fine.

     This act would take effect upon passage.

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