Chapter 135
2009 -- H 6088
Enacted 07/16/09
A N A C T
RELATING TO
ALCOHOLIC BEVERAGES -- RETAIL LICENSES
Introduced
By: Representatives
Date Introduced: April 07, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 3-7-26 of the General Laws in Chapter 3-7
entitled "Retail
Licenses" is hereby
amended to read as follows:
3-7-26. Certain practices prohibited. -- (a) No licensee,
employee or agent of any
licensee who operates under a license to sell alcoholic
beverages shall:
(1) Cause or require
any person or persons to buy more than one drink at a time by
reducing the price of that drink;
(2) Increase the volume
of alcohol contained in any alcoholic beverage without
proportionately increasing the price;
(3) Sell, propose to
sell or deliver to any person or persons an unlimited number of
drinks during a certain period of time for a fixed price; or
(4) Allow or encourage
any game or promotion on the premises which involves the
drinking of alcoholic beverages or the awarding of alcoholic
beverages as prizes for consumption
on the premises.
(b) (1) No licensee
shall advertise or promote in any manner, or in any medium, happy
hours, open bars, two-for-one nights and/or free drink
specials.
(2) Each city and
town is hereby authorized and empowered, through its respective
legislative body, to enact ordinances for the purpose of
prohibiting any Any
licensee is prohibited
from knowingly allowing the use of its premises as part of
an organized pub crawl, so-called. A
pub crawl shall be defined as an organized event intended
to promote the organized, commercial
travel of significantly large groups of individuals between
licensed premises for the primary
purpose of consuming alcoholic beverages at more than one
premise. Evidence of a pub crawl
shall include, but not be limited by:
(i)
The existence of advertising, flyers, tickets or other printed or electronic
material
promoting or describing a planned pub crawl;
(ii) Organized,
commercial transportation intended to move a total of fifty (50) or more
individuals from one premise to another in an organized fashion;
and
(iii) Evidence of
compensation paid to an organizer by participants in a pub crawl. The
department of business regulation is authorized to promulgate rules
and regulations consistent
with this section.
(c) Nothing in this
section shall be construed to prohibit a licensee from offering free
food or entertainment at any time; or to prohibit
licensees from including an alcoholic beverage
as part of a meal package; or to prohibit the sale or
delivery of wine by the bottle or carafe when
sold with meals or to more than one person; or to prohibit
free wine tastings. Except as otherwise
limited by this section, nothing contained in this section
shall limit or may restrict the price which
may be charged by any licensee for any size alcoholic
beverage to be consumed on the licensed
premises.
(d) Except as to
subsection (b)(2) herein. , adherence Adherence to this section is
deemed to be a condition attached to the issuance and/or
continuation of every license to sell
alcoholic beverages for consumption on the licensed premises,
and this section shall be enforced
by the applicable local licensing authority, its agents,
and the department.
(e) The provisions of
this section are deemed to be severable and any final
decision by a
court of competent jurisdiction holding that any provision
of this section is void, shall not make
void nor affect any of the remaining provisions of this
section.
SECTION 2. This act shall take effect upon passage.
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LC02371
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