2017 -- H 5625

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LC001464

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES -- TASTINGS

     

     Introduced By: Representatives O'Brien, Marshall, Slater, Johnston, and McKiernan

     Date Introduced: March 01, 2017

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-7-4.1 of the General Laws in Chapter 3-7 entitled "Retail

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Licenses" is hereby amended to read as follows:

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     3-7-4.1. Holders of retail Class A licenses permitted to conduct wine, beer, and

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distilled spirit samplings inside licensed premises.

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     Any holder of a Class A retail license shall be permitted to conduct at no charge to the

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consumer, inside the premises of the licensee, sample tastings of wine (under 13% alcohol by

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volume), beer (under 5.5% alcohol by volume), and distilled spirits available for purchase from

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the licensee's outlet. These samples shall not exceed one-ounce servings of each wine, the number

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of wines being limited to no more than four (4) products at any one tasting; and one-ounce

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servings of each beer, with the number of beer samplings being limited to two (2) products at any

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one tasting; and one-quarter-ounce servings (1/4 oz) of each distilled spirit, the number of

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distilled spirits being limited to no more than two (2) products at any one tasting. Furthermore,

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     (a) Wholesalers may provide free wine to Class A licensees to conduct bona fide wine

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tastings, solely to be dispensed at such tastings. Not more than nine (9) liters of wine from a

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wholesaler may be furnished to or accepted by a Class A licensee authorized pursuant to this

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section to conduct tastings during any consecutive thirty (30) days. Transportation and delivery of

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wine by the wholesaler shall be accompanied by an invoice which states the amount of free wine

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being delivered to the Class A licensee and the date of the tasting. All free wine delivered, but not

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used during the tasting, shall be removed from the premises of the Class A licensee by the

 

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wholesaler who delivered it and shall be accompanied by an invoice which states the amount of

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free wine delivered but not used by the Class A licensee during the tasting. Wholesalers may

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participate at wine tasting events and may handle, serve or dispense wine, either directly or

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indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary,

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but persons handling, serving or dispensing any such beverages shall be under the authority and

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supervision of the Class A licensee conducting the tasting for all liability purposes.

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     (b) Wholesalers may provide free malt beverages to Class A licensees to conduct bona

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fide malt beverages tastings, solely to be dispensed at such tastings. Not more than eighteen (18)

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liters of malt beverages of a supplier may be furnished to, or accepted by, a Class A licensee

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authorized pursuant to this section to conduct such tastings during any consecutive thirty (30)

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days. Transportation and delivery of such malt beverages by the wholesaler shall be accompanied

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by an invoice which states the amount of free malt beverages being delivered to the Class A

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licensee and the date of the tasting. All such free malt beverages delivered, but not used during

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the tasting, shall be removed from the premises of the Class A licensee by the wholesaler who

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delivered it and shall be accompanied by an invoice which states the amount of free malt

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beverages delivered but not used by the Class A licensee during the tasting. Wholesalers may

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participate at such malt beverages tasting events and may handle, serve or dispense malt

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beverages, either directly or indirectly, through any agent, employee, stockholder, officer or other

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person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be

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under the authority and supervision of the Class A licensee conducting the tasting for all liability

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purposes.

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     (c) Wholesalers may provide free alcoholic beverages, other than wines and malt

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beverages, to Class A licensees to conduct bona fide tastings of alcoholic beverages, other than

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wines and malt beverages, solely to be dispensed at such tastings. Not more than two (2) liters of

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alcoholic beverages, other than wines and malt beverages, of a wholesaler may be furnished to, or

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accepted by, a Class A licensee authorized pursuant to this section to conduct such tastings during

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any consecutive thirty (30) days. Transportation and delivery of such alcoholic beverages, other

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than wines and malt beverages, by the wholesaler shall be accompanied by an invoice which

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states the amount of free alcoholic beverages, other than wines and malt beverages, being

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delivered to the Class A licensee and the date of the tasting. All such free alcoholic beverages,

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other than wines and malt beverages, delivered but not used during the tasting shall be

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accompanied by an invoice which states the amount of free alcoholic beverages, other than wines

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and malt beverages, delivered but not used by the Class A licensee during the tasting.

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Wholesalers may participate at such tasting events of alcoholic beverages, other than wines and

 

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malt beverages, and may handle, serve or dispense such alcoholic beverages, other than wines

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and malt beverages, either directly or indirectly, through any agent, employee, stockholder,

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officer or other person or any subsidiary, but person handling, serving or dispensing any such

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beverages shall be under the authority and supervision of the Class A licensee conducting the

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tasting for all liability purposes.

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     (d) wine Wine, beer, malt beverage, and distilled spirits samplings may not be conducted

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simultaneously on the same Class A licensed premise. Each consumer shall be limited to no more

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than one sample tasting of each product. The licensee may elect on one occasion annually, during

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the month of November only, to serve unlimited samples of wine products available for purchase

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from the licensee's outlet.

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     It shall be required that the licensee provide, at no charge to the consumer, food

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samplings to be included with the tasting of all wine and beer malt beverages. Those food

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samplings not consumed during the tasting shall not thereafter be offered for sale.

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     The licensee shall control, without wholesaler or supplier participation, the dispensing of

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all samples to prospective customers. The licensee may not hold more than ten (10) tasting events

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in any thirty-day (30) period. It shall be required that the licensee provide to the dispenser(s) of

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said wine and beer samples, training in the service of alcoholic beverages by a recognized

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training provider of alcoholic beverage service.

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     Sampling events may not be promoted except on the licensed premises. It shall be

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unlawful for any wholesaler, manufacturer, supplier, or any other person or entity to participate or

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provide anything or any service of value on account of or in conjunction with any such sampling.

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It shall be unlawful for any tasting, or combination of tastings, to exceed more than four (4) hours

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from start to finish. and Tastings must be conducted during the normal hours of business.

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     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 -- RETAIL LICENSES -- TASTINGS

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     This act would amend the statute on wine and beer, and distilled spirit sampling or

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tastings to permit the wholesaler to supply free product to Class A licensees for use in such

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sampling or tastings.

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     This act would take effect upon passage.

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