Chapter 011
2016 -- H 7026 SUBSTITUTE A
Enacted 04/19/2016

A N   A C T
RELATING TO ALCOHOLIC BEVERAGES

Introduced By: Representatives Carson, Gallison, Fogarty, Naughton, and Craven
Date Introduced: January 07, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Section 3-1-1 of the General Laws in Chapter 3-1 entitled "General
Provisions" is hereby amended to read as follows:
     3-1-1. Definitions. -- As used in this title, unless the context otherwise requires:
      (1) "Beverage" means any liquid which that either by itself or by mixture with any other
liquid or liquids, is, or may become, fit for human consumption as a drink and which that
contains five-tenths of one per cent (.5%) or more of alcohol by weight.
      (2) "Club" means a corporation subject to the provisions of chapter 6 of title 7, owning,
hiring, or leasing a building or space in a building of such extent and character as may be suitable
and adequate for the reasonable and comfortable accommodation of its members, and whose
affairs and management are conducted by a board of directors, executive committee, or other
similar body chosen by the members at a meeting held for that purpose, none of whose members,
officers, agents, or employees are paid directly, or indirectly, any compensation by way of profit
from the distribution or sale of beverages to the members of the club or to its guests beyond the
amount of any reasonable salary or wages as may be fixed and voted each year by the directors or
other governing body.
      (3) "Department" means the department of business regulation.
      (4) "Director" means the director of the department of business regulation.
      (5) "Division of taxation" means the division of taxation of the department of
administration.
      (6) "Farmer-winery" means any plant or premise where wine is produced, rectified,
blended, or fortified from fruits, flowers, herbs, or vegetables.
      (7) "Import" means at one time, or in one transaction, to take, or cause to be taken, into
this state from outside the state any malt beverage in excess of eight (8) gallons or any vinous
beverage or any beverage consisting in whole, or in part, of alcohol produced by distillation in
excess of three (3) gallons.
      (8) "Intoxicating beverage" means a beverage which that contains more than three and
two-tenths percent (3.2%) of alcohol by weight.
      (9) "Malt beverage" means any beverage which that is usually produced at breweries, as
distinguished from distilleries.
      (10) "Nonintoxicating beverage" means a beverage which that contains not more than
three and two-tenths percent (3.2%) of alcohol by weight.
      (11) "Powdered alcohol" means alcohol prepared for sale or other distribution in a dry
powder or crystalline, or encapsulated in dry or crystalline form, for direct consumption or
reconstitution.
     (11)(12) "Tavern" means any house where the principal business is the furnishing of food
and sleeping accommodations.
      (12)(13) "Victualing house" means any shop or place where a substantial part of the
business is the furnishing of food for consumption at the place where it is furnished.
      (13)(14) "Winegrower" means any person licensed to operate a farmer's winery under §
3-6-1.1.
      (14)(15) "Wines" means all fermented alcoholic beverages made from fruits, flowers,
herbs, or vegetables and containing not more than twenty-four percent (24%) of alcohol by
volume at sixty degrees Fahrenheit (60 degrees F), except cider obtained by the alcohol
fermentation of the juice of apples and containing not less than five tenths of one percent (.05%)
or containing not more than six percent (6%), of alcohol by weight at sixty degrees Fahrenheit
(60 degrees F), including, but not limited to, flavored, sparkling, or carbonated cider.
     SECTION 2. Chapter 3-8 of the General Laws entitled "Regulation of Sales" is hereby
amended by adding thereto the following section:
     3-8-17. Possession or sale of powdered alcohol prohibited. -- (a) It is unlawful for a
person, firm, or corporation to use, offer for use, purchase, offer to purchase, sell, offer to sell, or
possess powdered alcohol, subject to the provisions of §3-11-5.
     (b) This section shall not apply to the use of powdered alcohol for bona fide research
purposes by: a health care provider that operates primarily for the purpose of conducting
scientific research; a state institution; a private college or university; or a pharmaceutical or
biotechnology company.
     SECTION 3. This act shall take effect upon passage.
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LC003073/SUB A
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