2017 -- S 0514

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LC002007

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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: Senators Gallo, Lynch Prata, Ruggerio, and Pearson

     Date Introduced: March 02, 2017

     Referred To: Senate Special Legislation and Veterans Affairs

     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.

     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,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

purposes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

tasting for all liability purposes.

     (d) wine Wine, beer, malt beverage, 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 malt beverages. 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 Tastings must be conducted during the normal hours of business.

     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

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

sampling or tastings.

     This act would take effect upon passage.

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