Chapter 241

Chapter 241

2003 -- H 6163 SUBSTITUTE A

Enacted 07/17/03






     Introduced By: Representatives Menard, Winfield, Laroche, and T Brien

     Date Introduced: March 05, 2003     



It is enacted by the General Assembly as follows:


     SECTION 1. Section 3-7-14.2 of the General Laws in Chapter 3-7 entitled "Retail

Licenses" is hereby amended to read as follows:

     3-7-14.2. Class F licenses -- Class F-1 licenses -- Caterers. -- 3-7-14.2. Class P

licenses -- Caterers. -- (a) A caterer licensed by the department of health and the division of

taxation shall be eligible to apply for a Class F and/or a Class F-1 license. Class P license from

the department of business regulation. The city or town clerk of a municipality in which a full

time licensing board does not exist is authorized to issue the caterer's license. The department of

business regulation is authorized to issue all caterers' licenses. The license will be valid

throughout this state as a state license and no further license will be required or tax imposed by

any city or town upon this alcoholic beverage privilege. Each caterer to which the license is

issued shall pay to the department of business regulation an annual fee of five hundred dollars

($500) for the license, and one dollar ($1.00) for each duplicate of the license, which fees are paid

into the state treasury. The department is authorized to promulgate rules and regulations for

implementation of this license. In promulgating said rules, the department shall include, but is not

limited to, the following standards:

     (1) proper identification will be required for individuals who look thirty (30) years old or

younger and who are ordering alcoholic beverages;

     (2) only valid ID's as defined by these titles are acceptable;

     (3) an individual may not be served more than two (2) drinks at a time;

     (4) licensee's, their agents, or employees will not serve visibly intoxicated individuals;

     (5) licensee's may only serve alcoholic beverages for no more than a five (5) hour period

per event;

     (6) only a licensee, or its employees, may serve alcoholic beverages at the event;

     (7) the licensee will deliver and remove alcoholic beverages to the event; and

     (8) no shots or triple alcoholic drinks will be served.

      (b) Any bartender employed by the licensee shall be certified by a nationally recognized

alcohol beverage server training program.

      (c) The licensee shall purchase at retail all alcoholic beverages from a licensed Class A

alcohol retail establishment located in the state. Any person violating this section shall be fined

five hundred dollars ($500) for this violation and shall be subject to license revocation. The

provisions of this section shall be enforced in accordance with this title.

      (d) Violation of subsection (a) of this section is punishable upon conviction by a fine of

not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the

municipality in which the caterer illegally dispensed alcoholic beverages. Department of business


     SECTION 2. Section 3-5-17 of the General Laws in Chapter 3-5 entitled "Licenses

Generally" is hereby amended to read as follows:

     3-5-17. Notice and hearing on licenses. -- Before granting a license to any person under

the provisions of this chapter and title, the board, body or official to whom application for the

license is made, shall give notice by advertisement published once a week for at least two (2)

weeks in some newspaper published in the city or town where the applicant proposes to carry on

business, or, if there is no newspaper published in a city or town, then in some newspaper having

a general circulation in the city or town. Applications for retailer's Class F , P and Class G

licenses need not be advertised. The advertisement shall contain the name of the applicant and a

description by street and number or other plain designation of the particular location for which

the license is requested. Notice of the application shall also be given, by mail, to all owners of

property within two hundred feet (200') of the place of business seeking the application. The

notice shall be given by the board, body or official to whom the application is made, and the cost

of the application shall be borne by the applicant. The notices shall state that remonstrants are

entitled to be heard before the granting of the license, and shall name the time and place of the

hearing. At the time and place a fair opportunity shall be granted the remonstrants to make their

objections before acting upon the application.

     SECTION 3. This act shall take effect on December 1, 2003.     


LC01579/SUB A