Chapter 437
2016 -- H 8327
Enacted 07/12/2016

A N   A C T
RELATING TO ALCOHOLIC BEVERAGES

Introduced By: Representatives Bennett, Hull, Solomon, McNamara, and Diaz
Date Introduced: June 10, 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) "Alcohol inhalation" means a method of administering ethanol or alcoholic beverages
directly into the respiratory system, with the aid of a vaporizing or nebulizing device.
      (2) "Alcohol-without-liquid device" means a device, machine, apparatus, or appliance
that is designed or marketed for the purpose of inhaling alcohol vapor or otherwise introducing
alcohol in any form into the human body including, but not limited to, introducing a heating
element to convert the alcohol to a vapor or by mixing alcohol with pure or diluted oxygen, or
another gas, to produce an alcoholic vapor that an individual can inhale or snort. An alcohol-
without-liquid device does not include an inhaler, nebulizer, atomizer, or other device that is
designed and intended by the manufacturer to dispense a prescribed or over-the-counter
medication.
     (1)(3) "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)(4) "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)(5) "Department" means the department of business regulation.
      (4)(6) "Director" means the director of the department of business regulation.
      (5)(7) "Division of taxation" means the division of taxation of the department of
administration.
      (6)(8) "Farmer-winery" means any plant or premise where wine is produced, rectified,
blended, or fortified from fruits, flowers, herbs, or vegetables.
      (7)(9) "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)(10) "Intoxicating beverage" means a beverage which that contains more than three
and two-tenths percent (3.2%) of alcohol by weight.
      (9)(11) "Malt beverage" means any beverage which that is usually produced at
breweries, as distinguished from distilleries.
      (10)(12) "Nonintoxicating beverage" means a beverage which that contains not more
than three and two-tenths percent (3.2%) of alcohol by weight.
      (11)(13) "Tavern" means any house where the principal business is the furnishing of
food and sleeping accommodations.
      (12)(14) "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)(15) "Winegrower" means any person licensed to operate a farmer's winery under §
3-6-1.1.
      (14)(16) "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:
     3-8-1718 . Possession or sale of alcohol without liquid device prohibited. -- (a) It is
unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or
possess an alcohol-without-liquid device as defined in §3-1-1.
     (b) This section shall not apply to a healthcare provider that operates primarily for the
purpose of conducting scientific research, a state institution conducting bona fide research, a
private college or university conducting bona fide research, or to a pharmaceutical company or
biotechnology company conducting bona fide research.
     SECTION 3. This act shall take effect upon passage.
========
LC006136
========