Chapter
06-017
2006 -- H 6906
Enacted 04/05/06
A N A C T
RELATING TO ALCOHOLIC
BEVERAGES
Introduced By: Representatives Costantino, and Slater
Date Introduced: January
25, 2006
It is enacted by the General
Assembly as follows:
SECTION
1. Section 3-7-11 of the General Laws in Chapter 3-7 entitled "Retail
Licenses"
is hereby amended to read as follows:
3-7-11.
Class D license. -- A retailer's Class D license shall be issued only
to a club or to
any
corporation organized prior to the year 1900 for purposes similar to those set
forth in chapter
6 of
title 7, and which has held a Class D license for at least ten (10) consecutive
years prior to
July 1,
1993, and authorizes the holder of the license to keep for sale and to sell
beverages at the
place
described at retail and to deliver those beverages for consumption on the
premises where
sold.
The license authorizes the holder of the license to keep for sale and sell
beverages, including
beer in
cans, at retail at the place described and to deliver those beverages for
consumption on the
premises.
If a club is not the owner or, for the period of two (2) years before the
filing of its
application
for a license, the lessee of the premises where its principal activities are
carried on or
of
kitchen and dining room equipment in the club premises reasonably adequate to
supply its
members
and guests with food, then the license shall authorize the holder of the
license to keep
for sale
and sell malt and vinous beverages, but not beverages consisting in whole or in
part of
alcohol
produced by distillation. Notwithstanding the provisions of this section, with
the written
permission
of the local authority, the licensee may supply food and beverage to the public
for
consumption
on the premises at times determined by the holder of the license. The annual
fee for
the
license to sell beverages shall be not more than eight hundred dollars ($800)
and for the
license
to sell malt and vinous beverages only shall be not more than four hundred
dollars ($400),
in each
case prorated to the year ending December 1 in every calendar year determined
by each
local
municipality; provided, further, a municipality may establish separate and
lower annual fees
for
Class D licenses for veterans' halls with a capacity of not more than one
hundred (100)
persons.
SECTION
2. Section 3-8-1 of the General Laws in Chapter 3-8 entitled "Regulation
of
Sales"
is hereby amended to read as follows:
3-8-1.
Sales on Sundays and holidays -- Sales to underage persons, intoxicated
persons,
and persons of intemperate habits. -- Licenses issued under this title shall not
authorize
the sale or service of beverages on Sunday, but not nor on
Christmas day excepting
licensed
taverns, clubs, victualing houses, and retail Class F licensed places when
served with
food to
guests, and except in places operated under a retail Class E license described
in this title,
and
excepting the sale of wine or winery products at retail pursuant to section
3-6-1.1(e)(4) by
holders
of farmer-winery licenses and the serving of complimentary samples pursuant to
section
3-6-1.1(g)
by holders of farmer-winery licenses, and except in cars or on
passenger-carrying
marine
vessels operated by holders of Class G licenses. , and except as
otherwise provided herein.
The
department may limit the sale of beverages on passenger-carrying marine vessels
to the hours
from
twelve o'clock (12:00) p.m. to six o'clock (6:00) p.m. on those days; nor shall
they authorize
the sale
or delivery to any underaged person as defined in this title for purposes of
sale,
possession
and consumption of alcoholic beverages, either for his or her own use or for
the use of
his or
her parents, or of any other person; or the sale of beverages to any
intoxicated persons or to
any
person of notoriously intemperate habits. Places operating under a retail Class
C license are
authorized
to be open for the sale of alcoholic beverages upon Columbus day, Armistice
day,
Victory
day, provided however, that a local board of license may authorize places
operating under
a Class
C license to be open on New Year's day. A Class C licensee may serve
beverages on
Sunday
with the written approval of the local board of license, subject to the notice
provisions of
section
3-5-17. Places operating under a
retail Class A license are not authorized to be open for
the sale
of alcoholic beverages upon Thanksgiving day and New Year's day. Provided,
however,
that
holders of Class A licenses may open from no earlier than twelve noon (12:00)
p.m. to no
later
than six o'clock (6:00) p.m. on Sundays.
SECTION 3. This act shall
take effect upon passage.
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LC00411
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