Chapter 416

2005 -- H 6249 AS AMENDED

Enacted 07/19/05

 

A N A C T

RELATING TO ALCOHOLIC BEVERAGES

     

     Introduced By: Representatives Flaherty, and Kennedy

     Date Introduced: March 17, 2005

 

It is enacted by the General Assembly as follows:

 

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

is hereby amended to read as follows:

 

     3-7-3. Class A license -- Towns and cities of 10,000 or more. -- (a) In cities and towns

having a population of ten thousand (10,000) or more inhabitants, a retailer's Class A license

authorizes the holder to keep for sale and to sell, at the place described, beverages at retail and to

deliver the beverages in a sealed package or container, which package or container shall not be

opened nor its contents consumed on the premises where sold. The holder of a Class A license, if

other than a person entitled to retail, compound, and dispense medicines and poisons, shall not on

the licensed premises engage in any other business, keep for sale or sell any goods, wares,

merchandise or any other article or thing except the beverages authorized under this license and

nonalcoholic beverages. This provision shall not apply to the sale or selling of cigarettes,

newspapers, cigars, cigarette lighters, gift bags, prepackaged peanuts, pretzels, chips, olives,

onions, cherries, hot stuffed cherry peppers, Slim Jims and similar pre-packaged dried meat

products, pickled eggs, popcorn, pre-packaged candy, styrofoam cooler and ice, nor to home bar

accessories such as pourers, glasses, cork screws, stirrers, flasks, jiggers, wine racks, ice crushers,

bottle openers, can openers and any other items of like nature which may, by suitable regulation

of the director of business regulation, be authorized to be sold. A holder of a Class A license will

not be prohibited from providing ATM machines to the general public for use on its licensed

premises. This section shall not apply to promotional free goods which are subject to approval by

the director. In the city of Newport this license may be issued to any person, firm or corporation

who are owners of bona fide markets for the sale of alcoholic beverages in conjunction with and

in addition to the sale of meats or groceries in those bona fide markets. A person, firm or

corporation in that city may obtain a limited Class A license to sell beer, lager and ale on the

same premises as other goods, wares, merchandise and articles are sold. No Class A license is

granted for any premises unless the premises constitute a separate store, the entrance or entrances

to which shall be exclusively from the street or streets or arcade. This provision shall not apply to

any person, firm or corporation in the city of Newport who are owners of bona fide markets for

the sale of alcoholic beverages in conjunction with and in addition to the sale of meats or

groceries in those bona fide markets and as long as the market is owned and operated by the

mother, father, son, daughter, brother or sister of the original licensee, but not otherwise.

      (b) The premises shall have opaque walls which shall completely partition and sever the

premises from any adjoining market, concession or business. This provision shall not be

construed to limit the powers of the department to issue licenses on condition nor to make rules

and regulations as provided. The annual fee for a Class A license is five hundred dollars ($500) to

one thousand dollars ($1,000) prorated to the year ending December 1st in every calendar year.

      (c) Any licenses issued under the provisions of this section prior to May 8, 1964 remains

in full force and effect.

 

     SECTION 2. This act shall take effect upon passage.     

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LC02788

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