Chapter
272
2006 -- S 2189 SUBSTITUTE A AS AMENDED
Enacted 07/03/06
A N A
C T
RELATING TO
REGULATION OF SALES
Introduced By: Senators
Felag, Sosnowski, Damiani, and Polisena
Date Introduced: January
26, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 3-8-11.1 and 3-8-11.2 of the General Laws in Chapter 3-8 entitled
"Regulation
of Sales" are hereby amended to read as follows:
3-8-11.1.
Purchase or procurement of alcoholic beverages for underage persons by
adults.Furnishing or procurement of alcoholic beverages for
underage persons. -- It is
unlawful
for any adult to purchase from any licensee or any employee of any licensee for
the sale,
delivery,
service of or giving away to, or causing, or permitting or procuring to be
sold, delivered,
served,
or given away any alcoholic beverage to any person who has not reached his or
her
twenty-first
(21st) birthday. (a) As used in
this section: (1) "furnish" means to provide with,
supply,
give or purchase; (2) "procure" means to get possession of, obtain by
particular care and
effort;
and (3) "permit" means to give permission for, approval of,
possession or consumption of
an
alcoholic beverage by any form of conduct, that would cause a reasonable person
to believe
that
permission or approval has been given.
(b)
Except as otherwise provided in subsection 3-8-11.1(c) of this section it is
unlawful
for
any person twenty-one (21) years of age or older: (1) to purchase from any
licensee or any
employee
of a licensee any alcoholic beverage for the sale, delivery, service of or
giving away
to,
any person who has not reached his or her twenty-first (21st) birthday; (2) to
purchase from
any
licensee or any employee of any licensee any alcoholic beverage with the intent
to cause or
permit
said alcoholic beverage to be sold, or given to any person who has not reached
his or her
twenty-first
(21st) birthday; (3) to knowingly furnish any alcoholic beverage for the sale,
delivery,
service
of or giving to any person who has not reached his or her twenty-first (21st)
birthday; (4)
to
procure alcoholic beverages for the sale, delivery, service of or giving to any
person who has
not
reached his or her twenty-first (21st) birthday; or (5) to otherwise permit the
consumption of
alcohol
by underaged persons in his or her residence.
(c) This
section does not apply to use, consumption or possession of alcoholic beverages
by a minor for religious
purposes; or to a parent or legal guardian procuring or furnishing alcohol
to, or permitting the
consumption of alcohol by, his or her minor child or ward.
(d)
Any adult person who violates this section will be subject to the penalties
provided in
section
3-8-11.2.
3-8-11.2.
Penalty for violation of section 3-8-11.1. -- (a) Any adult person
who violates
section
3-8-11.1 is guilty of a felony and shall be punished by a fine not exceeding
one thousand
dollars
($1,000.00) and/or imprisonment not exceeding six (6) months. Any person
convicted of a
first
violation shall be punished by and
either pleads nolo contendere or is convicted of a first
misdemeanor
violation shall be punished by a fine
of not less than three hundred fifty dollars
($350.00)
nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period
not
exceeding
six (6) months, or both.
(b)
Any person who violates section 3-8-11.1 and either pleads nolo contendre or
is
convicted
of a second misdemeanor violation shall be punished by a fine of not
less than seven
hundred
fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00) and/or
imprisoned
for a
period not exceeding six (6) months, or both.
(c)
Any person who violates section 3-8-11.1 and either pleads nolo contendre or
is
convicted
of a third or subsequent violation shall be punished by a fine of one
thousand dollars
($1,000.00)
or imprisoned for a period not exceeding six (6) months, or both. For the
purposes of
this
section, jurisdiction remains in the district court of Rhode Island and
Providence Plantations.
guilty
of a felony and shall be punished by a fine not exceeding two thousand five
hundred
dollars
($2,500) and/or imprisonment not exceeding one year. Any person convicted of a second
or
subsequent offense under of this section shall not have any fine suspended.
SECTION
2. This act shall take effect upon passage.
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LC00646/SUB A/2
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