2017 -- H 5964

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LC002123

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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

     Introduced By: Representatives O'Brien, Johnston, Solomon, Almeida, and McKiernan

     Date Introduced: March 22, 2017

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

Licenses" is hereby amended to read as follows:

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

distilled spirit samplings inside licensed premises. Holders of retail Class A licenses

permitted to conduct wine, malt beverage, liqueur and cordial and alcoholic beverage

tastings on premises.

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

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

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

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

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

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

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

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

wine, beer, and distilled spirits samplings may not be conducted simultaneously on the same

Class A licensed premise. Each consumer shall be limited to no more than one sample tasting of

each product. The licensee may elect on one occasion annually, during the month of November

only, to serve unlimited samples of wine products available for purchase from the licensee's

outlet.

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

samplings to be included with the tasting of all wine and beer. Those food samplings not

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

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

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

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

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

training provider of alcoholic beverage service.

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

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

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

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

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

     (a) Any such holder of a retail Class A licensee may provide, without charge, on premises

sample wine or malt beverage tastings for prospective customers available for sale on such

premises; provided, however, that no single serving of wine shall exceed one ounce (1 oz.) and no

single serving of malt beverages shall exceed one ounce (1 oz.).

     A licensee who holds a license according to the provisions of this section may also

conduct on premise sample wine or malt beverage tasting in restaurants and function rooms

licensed under the provisions of this chapter; provided, however, that the holder of a license

pursuant to this section shall not deliver orders for off premises consumption at the event or

function; provided, further, that the holder of a license issued pursuant to the provisions of this

chapter shall control the dispensing of wine or malt beverage samples on its premises; and

provided, further, that food shall be served in conjunction with such wine or malt beverage tasting

conducted on the premises of the holder of any retail Class A license.

     A licensee who holds a license for the sale of all alcoholic beverages may provide,

without charge, on-premises sample liqueurs and cordials tastings for prospective customers if

such beverages shall be available for sale on the premises; provided, however, that no single

serving of liqueurs and cordials shall exceed one-quarter of an ounce (.25 oz.). A licensee who

holds a license for the sale of all alcoholic beverages according to this section may also conduct

on-premises sample liqueurs and cordials tasting in restaurants and function rooms licensed under

this chapter who hold a license for the sale of all alcoholic beverages or a license for the sale of

wines and malt beverages and which also hold, pursuant to this chapter, written approval to sell

liqueurs and cordials pursuant to the license; provided, however, that the holder of a license

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pursuant to this section shall not deliver orders for off-premises consumption at the event or

function; provided, further, that the holder of a license issued pursuant to this chapter shall

control the dispensing of liqueurs and cordials samples on their premises; and provided further,

that food shall be served in conjunction with liqueurs and cordials tasting conducted on the

premises of the holder of any retail Class A license. A licensee who holds a license for the sale of

all alcoholic beverages may provide, without charge, on-premises sample alcoholic beverages

tastings for prospective customers if such beverages shall be available for sale on the premises;

provided, however, that no single serving of alcoholic beverages, other than wines and malt

beverages shall exceed one-quarter of an ounce (.25 oz.). A licensee who holds a license for the

sale of all alcoholic beverages according to this section may also conduct on-premises sample

tasting of alcoholic beverages, other than wines and malt beverages, in restaurants and function

rooms licensed under this chapter who hold a license for the sale of all alcoholic beverages;

provided, however, that the holder of a license pursuant to this section shall not deliver orders for

off premises consumption at the event or function; provided further, that the holder of a license

issued pursuant to this chapter shall control the dispensing of samples of alcoholic beverages,

other than wines and malt beverages, on its premises; and provided, further, that food shall be

served in conjunction with alcoholic beverages tasting, other than wines and malt beverages,

conducted on the premises of the holder of a retail Class A license.

     (b) Wholesalers and suppliers licensed under this chapter may provide free wine lawfully

sold by such licensees to retail Class A licensees authorized pursuant to this chapter to conduct

bona fide wine tastings, solely to be dispensed at such tastings. Not more than nine liters (9 L) of

wine of a wholesaler or supplier may be furnished to or accepted by a retail Class A licensee

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

days. Transportation and delivery of such products by the wholesaler or supplier license under

this chapter shall be accompanied by an invoice which states the amount of free wine being

delivered to the retail Class A licensee and the date of the tasting. All such free wine delivered,

but not used during the tasting, shall be removed from the premises of the licensee and returned to

the wholesaler or supplier who delivered it and shall be accompanied by an invoice which

indicates the amount of free wine delivered but not used by the licensee during the tasting.

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

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

persons handling, serving or dispensing any such beverages shall be trained and certified through

a registered alcohol server program.

     A supplier licensed under this chapter, may provide to a wholesale licensee, free wine

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lawfully sold by said wholesale licensee under this chapter, for the wholesale licensee to furnish

to any retail Class A licensee solely for use at a tasting under this section if the wholesaler and

supplier agree. For the purposes of this subsection, the word "supplier" means a licensee or a

holder of a certificate of compliance pursuant to this chapter.

     (c) Wholesalers and suppliers licensed pursuant to this chapter may provide free malt

beverages lawfully sold by such licensees to retail Class A licensees to conduct bona fide wine

tastings, solely to be dispensed at such tastings. Not more than eighteen liters (18 L) of malt

beverages of a wholesaler or supplier may be furnished to or accepted by a retail Class A licensee

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

days. Transportation and delivery of such products by the wholesaler or supplier licensee shall be

accompanied by an invoice which indicates the amount of free malt beverages being delivered to

the retail Class A licensee and the date of the tasting. All such free malt beverages delivered, but

not used during the tasting, shall be removed from the premises of the licensee and returned to the

wholesaler or supplier who delivered it and shall be accompanied by an invoice which indicates

the amount of free malt beverages delivered but not used by the licensee during the tasting.

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

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

persons handling, serving or dispensing any such beverages shall be trained and certified through

a registered alcohol server program.

     A supplier licensed under this chapter may provide to a wholesale licensee under this

chapter free malt beverages lawfully sold by said wholesale licensee for the wholesale licensee

under to furnish to any retail Class A licensee, solely for use at a tasting permitted under this

section, if the wholesaler and supplier agree. For the purposes of this subsection, the word

"supplier" shall mean a licensee or a holder of a certificate of compliance pursuant to this chapter.

     (d) Wholesalers and suppliers licensed pursuant to this chapter may provide free liqueurs

and cordials lawfully sold by such licensees to retail Class A licensees to conduct bona fide

liqueur and cordial tastings, solely to be dispensed at such tastings. Not more than one liter (1 L)

of liqueurs or cordials of a wholesaler or supplier may be furnished to or accepted by a retail

Class A licensee authorized pursuant to this section to conduct such tastings during any

consecutive thirty (30) days. Transportation and delivery of such products by the wholesaler or

supplier licensee shall be accompanied by an invoice which indicates the amount of free liqueurs

and cordials being delivered to the retail Class A licensee and the date of the tasting. All such free

liqueurs and cordials delivered, but not used during the tasting, shall be removed from the

premises of the licensee and returned to the wholesaler or supplier who delivered it and shall be

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accompanied by an invoice which indicates the amount of free liqueurs and cordials delivered but

not used by the licensee during the tasting. Persons handling, serving or dispensing any such

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

the tasting for all liability purposes. All persons handling, serving or dispensing any such

beverages shall be trained and certified through a registered alcohol server program.

     A supplier licensed under this chapter may provide to a wholesale licensee free liqueurs

and cordials lawfully sold by said wholesale licensee for the wholesale licensee to furnish to any

retail Class A licensee solely for use at a tasting permitted in this section if the wholesaler and

supplier agree. For the purposes of this subsection, the word "supplier" means a licensee or a

holder of a certificate of compliance pursuant to this chapter.

     (e) Wholesalers and suppliers licensed pursuant to this chapter may provide alcoholic

beverages lawfully sold by such licensees to retail Class A licensees to conduct bona fide

alcoholic beverage tastings, solely to be dispensed at such tastings. Not more them one liter (1 L)

of alcoholic beverages of a wholesaler or supplier may be furnished to or accepted by a retail

class A licensee authorized pursuant to this section to conduct such tastings during any

consecutive thirty (30) days. Transportation and delivery of such products by the wholesaler or

supplier license shall be accompanied by an invoice which indicates the amount of free alcoholic

beverages being delivered to the retail Class A licensee and the date of the tasting. All such free

alcoholic beverages delivered, but not used during the tasting, shall be removed from the

premises of the licensee and returned to the wholesaler or supplier who delivered it and shall be

accompanied by an invoice which indicates the amount of free alcoholic beverages delivered but

not used by the licensee during the tasting. Persons handling, serving or dispensing any such

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

the tasting for all liability purposes. All Persons handling, delivering or dispensing any such

beverages shall be trained and certified through a registered alcohol server program.

     A supplier may provide to a wholesale licensee pursuant to this chapter, free alcoholic

beverages lawfully sold by said wholesale licensee for the wholesale licensee to furnish to any

retail Class A licensee solely for use at a tasting permitted under this section if the wholesaler and

supplier agree. For the purposes of this subsection, the word "supplier" shall mean a licensee or a

holder of a certificate of compliance pursuant to this chapter.

     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

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     This act would permit retail class A alcohol license holders, wholesalers, and suppliers to

provide liquor, malt beverages, wine and other alcoholic beverages at tastings to be conducted on

premises, or at retail premises by wholesalers and would provide that such alcoholic beverages

could be served up to certain amounts. Any beverages not used at retail establishments by

wholesalers would have to be returned to the wholesaler and invoices would have to be generated

indicating what was delivered and what unused portion was returned. Servers would have to be

trained under an alcohol server program. Food may be served at any tastings authorized under this

section.

     This act would take effect upon passage.

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