From shipping to special event permits, new acts introduced are in committee

From Staff Reports

The 2019 legislative session is underway with bills of potential impact within the state’s beer, wine and spirits industry. Unanimous recognition for Westerly retailer The Wine Store continued in the Rhode Island House, who read and passed a “House Resolution Recognizing and Congratulating The Wine Store on Being Named The 2018 Retailer of The Year by Beverage Dynamics” on January 15, and through Senate Resolution 105, passing on January 29, introduced by Representatives Samuel Azzinaro, Raymond Hull, Joseph Shekarchi, Brian Kennedy, Blake Filippi and Senator Dennis Algiere, respectively.

As of press time, the following legislation was introduced and referred to various committees for consideration and public hearing:

Senate Bill No. 0095. Introduced by Senators Satchell, Lombardi, Goldin, Valverde and Conley. AN ACT RELATING TO ALCOHOLIC BEVERAGES – WINE DIRECT SHIPPER LICENSE, creates a wine direct shipper license to allow for shipment of limited amounts of wine through the mail to eligible customers. Referred to Senate Special Legislation and Veterans Affairs on January 16. The bill would allow “any person currently licensed in this or any other state as a wine producer, supplier, importer, wholesaler, distributor or retailer who obtains a wine direct shipper license … may ship up to twenty-four (24), nine (9) liter cases of wine annually directly to a resident of Rhode Island who is at least twenty-one (21) years of age for such resident’s personal use and not for resale.

“Before sending any shipment to a resident of Rhode Island the wine direct shipper licensee must first: (1) File an application with the department of business regulation (the ‘department’); (2) Pay a one hundred dollar ($100) registration fee; (3) Provide to the department a true copy of its current alcoholic beverage license issued in this or any other state; and (4) Obtain from the department a wine direct shipper license.

“Shipments of wine direct to consumers in Rhode Island from persons who do not possess a current wine direct shipper license from the department are prohibited. Any person who knowingly makes, participates in, transports, imports or receives such a shipment is guilty of a misdemeanor punishable by a fine up to and including one thousand dollars ($1,000) and/or imprisonment for a period of up to one year. Without limitation on any punishment or remedy, criminal or civil, any person who knowingly makes, participates in, transports, imports or receives such a shipment commits an unfair trade practice.” The law would take effect upon passage. The bill was introduced and referred to Senate Special Legislation and Veterans Affairs. A bill hearing was postponed and not yet rescheduled as of press time.

Senate Bill No. 0098. Introduced by Senator Murray, the bill seeks to allow Class SE licenses, whereby a city or town may issue a Special Events (SE) license which shall allow any retail business or nonprofit organization to offer alcoholic beverages for sale at retail at, or as part of the consideration for admission to an event to be held at its premises. Such events shall not be held more often than one day in each calendar month. The alcoholic beverages for such events may be purchased from a Class A licensee in the same city or town, notwithstanding any other provision of this chapter, to take effect upon passage. A bill hearing was postponed and not yet rescheduled as of press time.

House Bill No. 5217. Introduced by Representatives Morin, Marszalkowski, Solomon, Casey and Phillips. AN ACT RELATING TO ALCOHOLIC BEVERAGES – BREWERIES, removes the limitations on the quantities of malt beverages that can be sold at retail by licensed breweries. Committee recommended the measure be held for further study on March 5, 2019.

House Bill No. 5182. Introduced by Representatives Phillips, Ucci, Hawkins, Amore and Serodio and revised on March 1, 2019 with substitute, AN ACT RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSES – SPECIAL EVENTS LICENSE, Class SE license, allows a city or town to issue a Special Events (SE) license which shall allow any retail business not otherwise licensed in this chapter or affiliated with any entity licensed in this chapter or nonprofit organization to offer alcoholic beverages for sale at retail at, or as part of the consideration for admission to an event to be held at its premises. Such events shall not be held more often than one day in each calendar month. The alcoholic beverages for such events shall be purchased from a Class A licensee in the same city or town, notwithstanding any other provision of this chapter. The committee recommended passage as of March 5, 2019.

Senate Bill No. 379. Introduced by Senators Ciccone, Lombardo, Gallo, McCaffrey, and Goodwin. AN ACT RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSES, allows holders of a Class P (caterers) license to purchase alcoholic beverages from either a retail or wholesale establishment in the state of Rhode Island. A similar proposal, House Bill 5236, was held for further study on February 26, 2019.

Senate Bill No. 527. Introduced by Senator Felag, AN ACT RELATING TO ALCOHOLIC BEVERAGES – RETAIL LICENSES, provides that Class F and F-1 liquor licenses may be issued to corporations, LLCs, and political organizations. A bill hearing was postponed and not yet rescheduled as of press time.

House Bill No. 5648. Introduced by Representative Johnston. AN ACT RELATING TO ALCOHOLIC BEVERAGES – REGULATION OF SALES, allows license holders to restrict any person who has not reached his or her 21st birthday from entering the licensed establishment after 10 p.m. Introduced on February 27, 2019, the bill was referred to House Special Legislation.

Senate Bill No. 518. Introduced by Senators Lombardi, Archambault, Conley, Lynch, Prata and McCaffrey. AN ACT RELATING TO ALCOHOLIC BEVERAGES – REGULATION OF SALES, allows license holders to restrict any person who has not reached his or her 21st birthday from entering the licensed establishment after 10 p.m. Introduced, referred to Senate Special Legislation and Veterans Affairs on February 27, 2019.

House Bill No. 5734. Introduced by Representative Costantino, Phillips, Hawkins, Williams and Slater. AN ACT RELATING TO ALCOHOLIC BEVERAGES – REGULATION OF SALES, reduces the fee for a state issued identification card to $10. Introduced and referred to House Judiciary on February 27, 2019.

Senate Bill No. 517. Introduced by Senator Cano. AN ACT RELATING TO ALCOHOLIC BEVERAGES – LENDING OR BORROWING MONEY OR RECEIPT OF CREDIT BY LICENSEES, prohibits the lending or borrowing of money or receipt of credit by delinquent licensees among manufacturers, wholesalers and retailers of alcoholic beverages as regulated by the Department of Business Regulation (DBR). A bill hearing was postponed and not yet rescheduled as of press time.

Full bill text and statuses can be found and viewed at http://webserver.rilin.state.ri.us/legislation/.