reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-11. - Limit on wholesaler’s profits — Payment of excess to state.

§ 3-10-11. Limit on wholesaler’s profits — Payment of excess to state.
Every holder of a wholesaler’s license is entitled only to retain for himself or herself those profits in his or her business as are necessary to repair loss or shrinkage in his or her capital invested in the business plus nine percent (9%) per annum cumulatively upon the amount of capital actually invested in the business. All profits in excess of that amount shall be paid annually by the wholesaler to the treasurer of the state for its own use.
History of Section.
P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; G.L. 1956, § 3-10-11.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-12. - Sale of distillery and winery products — Records of wholesalers.

§ 3-10-12. Sale of distillery and winery products — Records of wholesalers.
Sale of the products of a distillery or a winery shall be made only to holders of wholesale licenses under this title. Every wholesaler shall keep separate accounts of the business conducted under his or her license in any form as shall be approved by the department of business regulation. The accounts shall be open to inspection by the department at all reasonable times.
History of Section.
P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-12.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-13. - Rules and regulations.

§ 3-10-13. Rules and regulations.
The department has the power to establish rules and regulations for the purpose of ascertaining the profits which the wholesalers make in the operation of their business and to require that all profits in excess of those permitted shall be paid as is provided to the general treasurer.
History of Section.
P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-13.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-14. - Brewers exempt from §§ 3-10-11 — 3-10-13.

§ 3-10-14. Brewers exempt from §§ 3-10-11 — 3-10-13.
The provisions of §§ 3-10-11 — 3-10-13 shall not apply to brewers holding a manufacturer’s license.
History of Section.
P.L. 1933, ch. 2013, § 49; G.L. 1938, ch. 167, § 7; G.L. 1956, § 3-10-14.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-15. - Retaliatory service charge on imported beverages.

§ 3-10-15. Retaliatory service charge on imported beverages.
Whenever the law or any order, rule, or regulation of any other state of the United States or of any foreign sovereignty having the force of law operates as to expose beverages manufactured in this state to liability to any tax, assessment, impost, or other charge which is intended to give or has in practice the effect of giving any beverage manufactured in the state or sovereignty in question a market advantage over beverages manufactured in this state and transported to and intended to be sold in that state or sovereignty, then the service charge authorized by § 3-10-16, imposed or to be imposed upon beverages manufactured or exported from that state or sovereignty into this state shall be in an amount at least equal to the tax, assessment, impost, or other charge imposed by that state or sovereignty upon the like beverages manufactured in this state and shipped into that state or sovereignty. In case, in the judgment of the department of business regulation, a service charge equal to that tax, assessment, impost, or other charge is not sufficient to bring about the removal of the discrimination against beverages manufactured in this state in favor of beverages manufactured in that state or sovereignty, then the department shall impose any additional service charge or charges as in its judgment will be adequate to that end.
History of Section.
P.L. 1933, ch. 2013, § 40; P.L. 1937, ch. 2523, § 1; G.L. 1938, ch. 167, § 8; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-15.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-16. - Reciprocal license and requirements for importation of malt beverages.

§ 3-10-16. Reciprocal license and requirements for importation of malt beverages.
Any person, firm, or corporation located in another state and engaged in the business of manufacturing or selling malt beverages, who transports or causes to be transported malt beverages into this state for sale or consumption in this state, shall pay an annual fee equal in amount to the license or other fees which that other state requires to be paid by a person, firm, or corporation located in this state by reason of the transportation of those beverages from this state into that other state or the sale of those beverages to a person, firm, or corporation located in that other state or otherwise; and shall perform all other duties, including the filing of bonds and certificates of approval, which that other state requires to be performed by a person, firm, or corporation located in this state as a condition precedent to the transportation of those beverages from this state into that other state or the sale of those beverages to a person, firm, or corporation located in that other state. Whenever an order for the importation of beverages is placed with the department of business regulation under this section, the department shall determine what fee or fees must be paid and what other conditions precedent must be performed under this section by the person, firm, or corporation by which that order is placed and to which that order is to be forwarded, and shall refuse to forward that order until the fee or fees have been paid and any other conditions precedent performed. The fee or fees shall be paid to the general treasurer for the use of the state.
History of Section.
P.L. 1933, ch. 2013, § 86; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 11; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-16.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-17. - Tax on imported malt beverages.

§ 3-10-17. Tax on imported malt beverages.
There is imposed on all malt beverages imported into this state from another state under the provisions of § 3-10-16:
(1)
A tax on every thirty-one (31) gallons, which tax is equal to the amount by which the sum of the taxes on those beverages, or on the sale of a like quantity of those beverages, shipped from this state into that other state, imposed by that other state from which those beverages are imported, when added to the service charges imposed by that other state in connection with the shipment into that other state, is in excess of the sum of the taxes imposed by that other state on those beverages, or on the sale of those beverages, manufactured within that other state when added to the service charges imposed by that other state in connection with the sale of those beverages manufactured within that other state; and
(2)
A tax at a like rate for any other quantity or for any fractional part.
History of Section.
P.L. 1933, ch. 2013, § 84; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 9; G.L. 1956, § 3-10-17.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-18. - Payment of malt beverage tax.

§ 3-10-18. Payment of malt beverage tax.
A person who has placed an order with the department of business regulation for the importation of malt beverages into this state under the provisions of § 3-10-16, shall file a duplicate copy of that order with the tax administrator. The administrator shall determine the amount of tax due in connection with that order under the provisions of § 3-10-17. Notice of the amount of the tax determined shall be certified to the general treasurer. The tax shall be paid to the general treasurer as a condition precedent to the forwarding of the order by the department of business regulation. If the order is placed by a licensee who engages to store the beverages ordered or any part of them in the warehouse of the department of business regulation, then the payment of the tax may be deferred until the beverages are withdrawn from the warehouse, and in that case as beverages are withdrawn the tax shall be paid.
History of Section.
P.L. 1933, ch. 2013, § 85; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 10; impl. am. P.L. 1939, ch. 660, §§ 70, 120; G.L. 1956, § 3-10-18.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-19. - Refunds on import orders not filled.

§ 3-10-19. Refunds on import orders not filled.
Whenever these import orders shall not be filled after the tax in connection with these import orders has been paid, the general treasurer shall, upon receiving any proof, as may be satisfactory to the department of business regulation, refund the amount of the tax to the person by whom it was paid.
History of Section.
P.L. 1933, ch. 2013, § 85; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 10; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-10-19.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-20. - Appeals.

§ 3-10-20. Appeals.
Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth division district court pursuant to chapter 35 of title 42.
History of Section.
P.L. 1933, ch. 2013, § 85; P.L. 1938, ch. 2608, § 1; G.L. 1938, ch. 167, § 10; impl. am. P.L. 1939, ch. 660, § 70; G.L. 1956, § 3-10-20; P.L. 1982, ch. 388, §§ 3, 4.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-10 - Taxation of Beverages › Section 3-10-21. - Refund of taxes and service fees on lost, unmarketable, or condemned beverages.

§ 3-10-21. Refund of taxes and service fees on lost, unmarketable, or condemned beverages.
(a)
Holders of manufacturer’s, wholesaler’s, and retailer’s licenses issued pursuant to this title shall, upon claim made to the liquor control administrator, receive a refund of any taxes and service fees previously paid on alcoholic beverages, which were lost, rendered unmarketable, or condemned by an authorized official by reason of:
(1)
Fire, flood, casualty, or other disaster; or
(2)
Breakage, destruction, or other damage (but not including theft) resulting from vandalism or malicious mischief, if this disaster or damage occurred in this state and if these alcoholic beverages were held and intended for sale at the time of this disaster or other damage. Refunds provided in this section shall be made to the person holding the alcoholic beverages for sale at the time of the disaster or other damage.
(b)
No refund shall be allowed under this section unless:
(1)
A claim is filed within six (6) months after the date upon which the alcoholic beverages were lost, rendered unmarketable or condemned by an authorized official; and
(2)
The claimant furnishes satisfactory proof to the liquor control administrator that the claimant:
(i)
Was not indemnified by any valid claim of insurance or otherwise in respect of the taxes or service fees on the alcoholic beverages covered by the claim; and
(ii)
Is entitled to payment under this section.
(c)
No claim of less than one hundred dollars ($100) is allowed under this section with respect to any disaster or other damage (as the case may be).
(d)
When payment has been made under this section in respect of the tax or service fee on the alcoholic beverages condemned by an authorized official or rendered unmarketable, the alcoholic beverages shall be destroyed under the supervision as the liquor control administrator may prescribe, unless the alcoholic beverages were previously destroyed under supervision satisfactory to the liquor control administrator.
History of Section.
P.L. 1987, ch. 92, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-11 - Penalties and Liabilities › Section 3-11-1. - Repealed.

§ 3-11-1. Repealed.
History of Section.
P.L. 1933, ch. 2013, § 69; G.L. 1938, ch. 168, § 1; G.L. 1956, § 3-11-1; P.L. 1985, ch. 430, § 1; Repealed by P.L. 1986, ch. 537, § 1. Section 2 of P.L. 1986, ch. 537 provides that the repeal of this section by that Act shall take effect upon passage (June 25, 1986) and apply only to causes of action arising on or after that date. For present provisions of law, see § 3-14-1 et seq.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-11 - Penalties and Liabilities › Section 3-11-2. - Habitually intemperate persons — Notice by family or employer — Liability of notified persons.

§ 3-11-2. Habitually intemperate persons — Notice by family or employer — Liability of notified persons.
The husband, wife, parent, child, guardian, or employer of any person who has the habit of drinking intoxicating beverages to excess may give notice, in writing, signed by him or her, to any person requesting him or her not to sell or deliver intoxicating beverage to the person having that habit. If the person, so notified, at any time within twelve (12) months sells or delivers any intoxicating beverage to the person having that habit, or permits that person to loiter on his or her premises, the person giving the notice may in a civil action recover from the person notified any sum as may be assessed as damages; provided, the employer giving the notice shall be injured in his or her person, business or property. A married person may bring the action in his or her own name, and all damages recovered by him or her shall enure to his or her separate use. In case of the death of either party, the action and right of action shall survive to or against the executor or administrator.
History of Section.
P.L. 1933, ch. 2013, § 70; G.L. 1938, ch. 168, § 2; G.L. 1956, § 3-11-2; P.L. 1998, ch. 441, § 9.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-11 - Penalties and Liabilities › Section 3-11-3. - Actions for beverages unlawfully sold.

§ 3-11-3. Actions for beverages unlawfully sold.
No action of any kind shall be had or maintained in any court of this state for the value of any beverage drunk upon the premises of the seller or for the possession or value of any beverages held, purchased, or sold contrary to this title.
History of Section.
P.L. 1933, ch. 2013, § 76; G.L. 1938, ch. 169, § 1; G.L. 1956, § 3-11-3.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-11 - Penalties and Liabilities › Section 3-11-4. - Unlawful possession of corks, seals, and labels.

§ 3-11-4. Unlawful possession of corks, seals, and labels.
(a)
The possession of crowns, corks, seals, wrappers, containers, or labels of, on or for beverages, whether those crowns, corks, seals, wrappers, containers, or labels are real or imitation, by a person not the proprietor or the authorized agent of the proprietor of the beverage represented by those crowns, corks, seals, or labels, or said to be contained in those wrappers or containers, is declared to be unlawful and every person in possession of those crowns, corks, seals, wrappers, containers, or labels shall be fined or imprisoned, or both, as provided in § 3-11-5.
(b)
This section shall not apply to crowns, corks, seals, wrappers, or labels on or to containers of beverages which were marketed by the proprietor, if the person in possession of those crowns, corks, seals, wrappers, or labels does not intend to use them or to abet another in using them in connection with the sale of beverages. The provisions of §§ 3-12-9 — 3-12-15 are made applicable so as to authorize forfeitures of crowns, corks, seals, wrappers, labels, and containers unlawfully possessed in the same manner as if those crowns, corks, seals, wrappers, labels, and containers were mentioned in those sections.
History of Section.
P.L. 1933, ch. 2013, § 36, as enacted by P.L. 1934, ch. 2088, § 9; G.L. 1938, ch. 170, § 3; G.L. 1956, § 3-11-4; P.L. 1965, ch. 168, § 3.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-11 - Penalties and Liabilities › Section 3-11-5. - Penalties for violations.

§ 3-11-5. Penalties for violations.
Except as otherwise expressly provided, any person violating any of the provisions of this title, shall be subject to a fine not in excess of one thousand dollars ($1000).
History of Section.
P.L. 1933, ch. 2013, § 35; P.L. 1934, ch. 2088, § 9; P.L. 1936, ch. 2337, § 1; G.L. 1938, ch. 170, § 2; G.L. 1956, § 3-11-5; P.L. 1999, ch. 146, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-1. - Duty of deputy sheriffs, town constables, and police officers — Action on taxpayer’s demand.

§ 3-12-1. Duty of deputy sheriffs, town constables, and police officers — Action on taxpayer’s demand.
Members of the division of sheriffs, the city and town sergeants, town constables, officers, members of the town or city police, and members of the division of state police are empowered and it is made their duty to see that the provisions of this title and the rules and regulations made or authorized by the department of business regulation and the division of taxation are enforced within their counties, towns, and cities. It is their special duty to use their utmost efforts to repress and prevent crime by the suppression of unlicensed liquor shops, gambling places, and houses of ill fame, and they shall also do so on the request of any taxpayer of any town or city and may command aid in the execution of the authority conferred. Any officer within the above enumeration who willfully neglects or refuses to perform the duties imposed upon him or her by this section shall be fined not exceeding five hundred dollars ($500) and be rendered ineligible again to be appointed to this position; provided, that the officer may after investigation, before taking any further action at the request of any taxpayer, demand that the taxpayer requesting him or her to act give a bond to secure to that officer reasonable compensation for his or her services and to protect him or her from all costs and damages that may arise from that action.
History of Section.
P.L. 1933, ch. 2013, § 33; G.L. 1938, ch. 174, § 1; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-12-1; P.L. 1996, ch. 100, art. 36, § 13; P.L. 2012, ch. 324, § 9; P.L. 2015, ch. 260, § 1; P.L. 2015, ch. 275, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-2. - Special constables not authorized to serve civil process.

§ 3-12-2. Special constables not authorized to serve civil process.
Nothing in this title conferring powers on the officers authorizes special constables to make service of civil process.
History of Section.
P.L. 1933, ch. 2013, § 34; G.L. 1938, ch. 174, § 2; G.L. 1956, § 3-12-2.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-3. - Entry on licensed premises — Arrest without warrant — Evidence of unlawful sales.

§ 3-12-3. Entry on licensed premises — Arrest without warrant — Evidence of unlawful sales.
The mayor and council of any city, or the town council, or either member, or the chief of police of any city or town, or any police officer, or any town constable specially authorized by that city or town council, or any member of the division of state police, or agent of the department of business regulation and the division of taxation, may at any time enter upon the premises of any person licensed under this title to ascertain the manner in which that person conducts his or her business and to preserve order; and every chief of police, police officer, town constable or member of the division of state police, has the power to arrest, without a warrant, all persons found actually engaged, in the premises entered, in the commission of any offense in violation of any of the provisions of this title and to keep those persons arrested in custody until they can be brought before some magistrate (but for a period not to exceed twenty-four (24) hours) having the proper jurisdiction of that offense in that city or town to be dealt with according to law; and whenever any person is seen to drink any beverage in those premises, or in any part of those premises, on any days or hours prohibited, under this title, it is evidence that those beverages were sold and kept for sale by the occupant of those premises or his or her authorized agent.
History of Section.
P.L. 1933, ch. 2013, § 71; G.L. 1938, ch. 174, § 3; P.L. 1939, ch. 659, § 2; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-12-3; P.L. 1996, ch. 100, art. 36, § 13; P.L. 2015, ch. 260, § 1; P.L. 2015, ch. 275, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-4. - Search warrants.

§ 3-12-4. Search warrants.
Search warrants to search for and seize any beverages, impure or adulterated liquors, vessels containing beverages or impure or adulterated liquors, or other property possessed, kept for sale or otherwise in violation of any of the provisions of this title may be issued as provided by law in chapter 5 of title 12.
History of Section.
P.L. 1933, ch. 2013, § 54; G.L. 1938, ch. 172, § 1; G.L. 1956, § 3-12-4; P.L. 1956, ch. 168, § 4.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-9. - Forfeiture of goods held for unlawful sale.

§ 3-12-9. Forfeiture of goods held for unlawful sale.
All beverages and the vessels containing them, seized under this title, kept for sale in violation of law, are forfeited to the state, and the officer making the seizure or an officer designated by the court for that purpose, shall forthwith proceed to prosecute for the forfeiture in the manner provided by law.
History of Section.
P.L. 1933, ch. 2013, § 58; G.L. 1938, ch. 172, § 5; G.L. 1956, § 3-12-9.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-10. - Return of goods when forfeiture not adjudged.

§ 3-12-10. Return of goods when forfeiture not adjudged.
If the cause of forfeiture is not proved, then all the seized beverages and the vessels containing them shall be restored to the proper owner or to the place from which they were taken by the officer who seized them.
History of Section.
P.L. 1933, ch. 2013, § 59; G.L. 1938, ch. 172, § 6; G.L. 1956, § 3-12-10.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-11. - Sentence of forfeiture — Appeal.

§ 3-12-11. Sentence of forfeiture — Appeal.
If the cause of forfeiture is proved, the court before which the complaint or information shall be tried shall enter sentence of forfeiture to the state against those beverages and the casks or other vessels containing them; and any person aggrieved by the sentence may appeal the sentence to the superior court according to the provisions relating to criminal appeals from district courts.
History of Section.
P.L. 1933, ch. 2013, § 59; G.L. 1938, ch. 172, § 6; G.L. 1956, § 3-12-11.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-12. - Destruction of forfeited beverages.

§ 3-12-12. Destruction of forfeited beverages.
Upon entry of sentence of forfeiture, if no appeal is then taken and no recognizance given as prescribed in other criminal cases, the court shall forthwith issue a warrant to the officer, commanding the officer forthwith to destroy the beverages; and the officer shall execute the warrant and return it, having signed it, to the court, within any time as the court shall direct. In case of final judgment for the state on appeal, the court entering the final judgment shall issue the warrant for the destruction of the beverages seized.
History of Section.
P.L. 1933, ch. 2013, § 60; G.L. 1938, ch. 172, § 7; G.L. 1956, § 3-12-12.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-13. - Disposition of forfeited beverages to institutions.

§ 3-12-13. Disposition of forfeited beverages to institutions.
In lieu of ordering the destruction of intoxicating liquors forfeited to the state, the court may, in its discretion, order the beverages disposed of to state or charitable institutions for use by them for medicinal purposes.
History of Section.
P.L. 1932, ch. 1857, § 11; G.L. 1938, ch. 172, § 8; G.L. 1956, § 3-12-13.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-14. - Disposition of forfeited vessels.

§ 3-12-14. Disposition of forfeited vessels.
The officers having in their custody any vessels which have been forfeited to the state under this chapter, are authorized to destroy those vessels, or to sell those vessels at public auction or private sale and to turn over the net proceeds of that sale to the general treasurer.
History of Section.
P.L. 1933, ch. 2014, § 61; G.L. 1938, ch. 172, § 9; G.L. 1956, § 3-12-14.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-15. - Fees in forfeiture proceedings.

§ 3-12-15. Fees in forfeiture proceedings.
There shall be allowed and paid to the officer who makes the seizure, for every seizure made under the foregoing provisions, the sum of five dollars ($5.00) with two dollars ($2.00) additional for every day after the first that the officer shall be necessarily employed in causing the beverages seized to be condemned, and ten cents (10¢) for every mile which he or she shall travel, together with any reasonable sum as the court may deem just for necessary expense incurred in providing storage for liquors seized, pending proceedings for condemnation; all which costs shall be taxed in the bill of costs, and the amount allowed by the court in which final judgment shall be rendered, to those officers, shall be paid on the order of the state controller out of any money in the treasury not otherwise appropriated. Any fees paid to any state official shall be returned by him or her to the general treasurer to and for the use of the state.
History of Section.
P.L. 1933, ch. 2013, § 63; G.L. 1938, ch. 172, § 11; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 3-12-15.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-16. - Allegations in criminal proceedings.

§ 3-12-16. Allegations in criminal proceedings.
In any action, complaint and warrant, information, indictment, or other proceeding, against any person for a violation of any of the provisions of this title, it is not necessary to set forth the kind or quantity of beverage, or the time of the sale or manufacturer of the beverage; but proof of the violation of any of the provisions of this title, the substance of which is briefly set forth, within the times mentioned, by the person complained of, shall be good and sufficient. In order to convict any person of a second, third or any subsequent offense under any of the provisions of this title, it is requisite in any action, complaint and warrant, indictment, or other proceeding against any person for a violation of the provisions of this title to set forth a record of a former conviction or former convictions, with the date or dates of that former conviction or convictions.
History of Section.
P.L. 1933, ch. 2013, § 73; G.L. 1938, ch. 170, § 4; G.L. 1956, § 3-12-16.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-17. - Correction of defects in proceedings.

§ 3-12-17. Correction of defects in proceedings.
Any defects of form in any action, complaint and warrant, indictment, information, or other proceeding against any person for a violation of this title, may be amended by the court before whom the action, complaint and warrant, indictment, information, or other proceeding is originally brought.
History of Section.
P.L. 1933, ch. 2013, § 74; G.L. 1938, ch. 170, § 5; G.L. 1956, § 3-12-17.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-18. - Negative allegations — Lawful sale as defense.

§ 3-12-18. Negative allegations — Lawful sale as defense.
Negative allegations need not be made in or proved at the trial of any complaint under this title. Evidence of the sale or keeping for sale of any beverage is evidence that the sale or keeping for sale is unlawful, but the respondent in any complaint under this title may show any license or authority to sell or any other fact that renders a sale or keeping for sale lawful by way of defense.
History of Section.
P.L. 1933, ch. 2013, § 38; G.L. 1938, ch. 170, § 6; G.L. 1956, § 3-12-18.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-19. - Officers not liable for costs.

§ 3-12-19. Officers not liable for costs.
An officer of the law complaining on account of the violation of any of the provisions of this title is not required at the time of complaint or thereafter to enter into recognizance or in any way to become liable for the costs that may accrue on the complaint.
History of Section.
P.L. 1933, ch. 2013, § 68; G.L. 1938, ch. 170, § 9; G.L. 1956, § 3-12-19.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-20. - Appeal from convictions.

§ 3-12-20. Appeal from convictions.
Any person convicted before a district court of any offense under this title may appeal the sentence of that court, according to the provisions of law relating to criminal appeals from district courts.
History of Section.
P.L. 1933, ch. 2013, § 65; G.L. 1938, ch. 170, § 10; G.L. 1956, § 3-12-20.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-21. - Recognizance of witnesses on appeal.

§ 3-12-21. Recognizance of witnesses on appeal.
In case of an appeal pursuant to § 3-12-20, the district court shall, upon motion either of the complainant or defendant, require any witness sworn, to enter into recognizance in the sum of fifty dollars ($50.00) with condition that he or she will appear before the court appealed to, to testify in the trial of the appeal whenever that appeal shall be called for trial.
History of Section.
P.L. 1933, ch. 2013, § 66; G.L. 1938, ch. 170, § 11; G.L. 1956, § 3-12-21.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-22. - Complainant’s attorney — Prosecution by attorney general.

§ 3-12-22. Complainant’s attorney — Prosecution by attorney general.
(a)
In all cases of appeal under this title from the sentence of a district court, and upon all questions arising under that sentence or under any complaint or warrant made under this title in the supreme or superior court, the cases may be conducted and argued in behalf of the complainant by any attorney who may be employed or authorized by that complainant; and in every case in which the defendant or person answering the complaint is required to pay costs, the sum of six dollars ($6.00) shall be taxed in the bill of costs for the services of the attorney employed or authorized and appearing as the attorney of record of the complainant; for which sum the clerk or other officer to whom the costs may be paid shall account with and pay over to the attorney of record within ten (10) days after the bill of costs is paid.
(b)
If no attorney within five (5) days after the appeal from the sentence of a district court, or after any question arising under that sentence or under any complaint or warrant under this title, is presented in the supreme or superior court, shall enter his or her appearance in behalf of the complainant, then it is the duty of the attorney general or the assistant attorneys general to take charge of, conduct, argue, and manage that appeal or question in the supreme or superior court, and for those services the sum of six dollars ($6.00) shall be taxed in the bill of costs, and shall be paid over to the officers rendering those services by the clerk or other officer to whom those costs are paid.
History of Section.
P.L. 1933, ch. 2013, § 75; G.L. 1938, ch. 170, § 12; G.L. 1956, § 3-12-22.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-23. - Notice of conviction to department and local authorities.

§ 3-12-23. Notice of conviction to department and local authorities.
It is the duty of each clerk of a court upon the final conviction or sentence of any person for violating any provision of this title, to notify, within ten (10) days after that final conviction or sentence, the town council of the town or the board of commissioners for granting of licenses of the city or town where the person convicted or sentenced at the time of the complaint carried on business, and also at the time of the conviction carries on business, and also to notify the department of business regulation and the division of taxation within ten (10) days after the final conviction or sentence of the fact of that final conviction or sentence and of the offense for which that final conviction or sentence was had, and any clerk who neglects or refuses to notify as provided in this section shall be fined fifty dollars ($50.00) for each and every offense.
History of Section.
P.L. 1933, ch. 2013, § 72; G.L. 1938, ch. 170, § 13; impl. am. P.L. 1939, ch. 660, § 120; G.L. 1956, § 3-12-23; P.L. 1996, ch. 100, art. 36, § 13.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-12 - Enforcement of Title › Section 3-12-24. - Disposition of fines.

§ 3-12-24. Disposition of fines.
All fines recovered under this title shall inure to the sole benefit of the state except for those fines imposed pursuant to § 3-5-21 by a local licensing board which fines shall inure to the city or town first imposing that fine.
History of Section.
P.L. 1933, ch. 2013, § 64; G.L. 1938, ch. 170, § 14; G.L. 1956, § 3-12-24; P.L. 1986, ch. 364, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-1. - Definitions.

§ 3-13-1. Definitions.
As used in this chapter:
(1)
“Agreement” means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a supplier and a wholesaler pursuant to which a wholesaler has the right to purchase, resell, and distribute any or all brands of malt beverages offered by the supplier. The agreement between a supplier and a wholesaler is not considered a franchise relationship.
(2)
“Good cause” means the failure by any party to an agreement, without reasonable excuse and justification, to comply substantially with a reasonable requirement imposed by either party.
(3)
“Malt beverage” means the same as defined in chapter 1 of this title.
(4)
“Person” means a natural person, partnership, trust, agency, corporation, division of a corporation, or other form of business enterprise. Person also includes heirs, assigns, personal representatives, and guardians.
(5)
“Supplier” means any person engaged in business as a brewer, manufacturer, importer, master wholesaler, broker, or agent of malt beverages who enters into an agreement with any wholesaler in this state to distribute any or all of its brands of malt beverages, and any successor-in-interest to that entity with respect to the agreement. The term supplier does not refer to any brewer licensed under § 3-6-1.
(6)
“Territory” or “sales territory” means the geographic area of primary sales responsibility designated by an agreement between a wholesaler and supplier for any brand or brands of the supplier.
(7)
“This act” means this chapter that has the short title and may be cited as the “Beer Industry Fair Dealing Law”.
(8)
“Wholesaler” means any person licensed to import, or cause to be imported, into this state, or to purchase, or cause to be purchased, in this state, malt beverages for resale or distribution to retailers licensed in this state, and any successor-in-interest to that entity.
History of Section.
P.L. 1982, ch. 415, § 1; P.L. 2016, ch. 512, art. 2, § 45.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-2. - Purposes — Construction — Variation by contract prohibited.

§ 3-13-2. Purposes — Construction — Variation by contract prohibited.
(a)
This chapter shall be liberally construed and applied to promote its remedial purposes and policies.
(b)
The purposes and policies of this chapter are:
(1)
To regulate agreements between suppliers and their wholesalers to benefit the economy and enhance competition in this state and to promote moderation and obedience to the laws of this state and the United States controlling the distribution and sale of malt beverages;
(2)
To protect wholesalers substantial initial and continuing investments of money, time and effort in their distributorships and to stimulate greater investment of those resources in these small businesses by assuring their continuation on a fair, equitable and nondiscriminatory basis;
(3)
To enhance competition in the malt beverage industry by:
(i)
Assuring the wholesaler is free to manage its business enterprise in the manner the wholesaler deems best, including the wholesaler’s right independently to establish its selling prices, to determine the efforts and resources which the wholesaler will exert to promote and develop the sale of a supplier’s products; and
(ii)
Assuring the public and suppliers that wholesalers will price competitively, devote reasonable efforts and resources to sales of all supplier’s products marketed in this state and maintain satisfactory sales levels.
(4)
To govern all relations between suppliers and their wholesalers, including any renewals to agreements between them, to the full extent consistent with the constitutions of this state and the United States.
(c)
The effect of this chapter may not be varied by agreement. Any agreement purporting to do so is void and unenforceable to that extent only.
History of Section.
P.L. 1982, ch. 415, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-3. - Prior notification of cancellation.

§ 3-13-3. Prior notification of cancellation.
(a)
Except as provided in subsection (c), no supplier or wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the supplier or wholesaler furnishes prior notification in accordance with subsection (b) to the affected party.
(b)
The notification required under subsection (a) shall be in writing and sent to the affected party by certified mail, return receipt requested, not less than ninety (90) days before the date on which the agreement will be cancelled, not renewed, or otherwise terminated. The notification shall contain:
(1)
A statement of intention to cancel, not renew, or otherwise terminate;
(2)
A statement of all reasons, stated with particularity;
(3)
The date on which the action shall take effect; and
(4)
A statement of the remedy or remedies available to the affected party to cure the specified cause.
(c)
A supplier or wholesaler may cancel, fail to renew or otherwise terminate an agreement without furnishing the prior notification required under this section only:
(1)
In the event of insolvency, liquidation or bankruptcy of the affected party;
(2)
In the event the affected party makes an assignment for the benefit of creditors or similar disposition of substantially all of the assets of that party’s business; or
(3)
In the event of a conviction or plea of guilty or no contest to a charge of violating a law or regulation, or the revocation of a license or permit, relating to business which materially and adversely affects the party’s ability to continue in business.
History of Section.
P.L. 1982, ch. 415, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-4. - Cancellation of agreements — Good cause required.

§ 3-13-4. Cancellation of agreements — Good cause required.
No supplier or wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the party intending that action has good cause for that action and, in any case in which prior notification is required under § 3-13-3, the party intending to act has furnished prior notification and the affected party has not corrected the conduct specified in that notification as the reason for cancellation, failure to renew, or termination, within the period specified in that notice.
History of Section.
P.L. 1982, ch. 415, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-5. - Prohibited conduct.

§ 3-13-5. Prohibited conduct.
No supplier shall:
(1)
Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage or any other item or commodity which has not been ordered by the wholesaler. Provided, that recommendation, endorsement, exposition, persuasion, or argument is not deemed to constitute inducements, coercion, or requirements prohibited by this section.
(2)
Induce or coerce, or attempt to induce or coerce, any wholesaler to engage in any illegal act or course of conduct or to resign from an agreement by means of any threat, expressed or implied, to cancel, fail to renew, otherwise terminate an agreement, any requirement imposed on the wholesaler pursuant to an agreement or any contract or other arrangement ancillary or collateral to these.
(3)
Require a wholesaler to assent to any requirement, condition, understanding, or term of an agreement limiting the wholesaler’s right to sell the product of any other supplier.
(4)
Fix or maintain the price at which a wholesaler may resell malt beverages, whether by the terms or requirements imposed on the wholesaler under an agreement, the manner of their enforcement, or otherwise.
(5)
Impose, attempt to impose, or enforce against a wholesaler any requirement, standard of performance, or term, including the terms of sale of malt beverages sold to the wholesaler, which is discriminatory as compared with the requirements, standards, or terms imposed by the supplier on other similarly situated wholesalers within this state. Differences in any requirement, standard, or term imposed by a supplier under its agreement or in the manner of their enforcement are permitted only if and to the extent they are based on proper and justifiable distinctions considering the purposes of this chapter, and are not arbitrary.
(6)
Fail to provide to each wholesaler of its brands after May 22, 1982 a written contract which conforms to this chapter and embodies the supplier’s agreement with its wholesalers, including the essential requirements, standards of performance, and terms imposed by the supplier. In the event of failure to provide that written contract, any agreement in existence upon May 22, 1982 must conform to this chapter and is subject to this chapter until the written contract is provided.
History of Section.
P.L. 1982, ch. 415, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-6. - Transfer of business assets of stock.

§ 3-13-6. Transfer of business assets of stock.
(a)
No supplier shall, by the terms of an agreement or otherwise, unreasonably withhold or delay approval of any assignment, sale, or transfer of the stock of a wholesaler or all or any portion of a wholesaler’s assets, wholesaler’s voting stock, the voting stock of any parent corporation, or the beneficial ownership or control of any other entity owning or controlling a wholesaler, including the wholesaler’s rights and obligations under the terms of an agreement whenever the person or persons to be substituted meet reasonable and express standards imposed not only upon the wholesaler but upon all other wholesalers of a supplier generally.
(b)
Upon the death of one of the partners of a partnership operating the business of a wholesaler, no supplier shall deny the surviving partner or partners of that partnership the right to become a successor-in-interest to the agreement between the supplier and that partnership; provided the survivor has been active in the management of the partnership and is otherwise capable of carrying on the business of the partnership.
(c)
A wholesaler shall not transfer or agree to transfer any of its rights and obligations under the terms of any agreement without first giving prior notice to the supplier.
History of Section.
P.L. 1982, ch. 415, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-7. - Damages for improper cancellation, termination, or failure to renew — Arbitration.

§ 3-13-7. Damages for improper cancellation, termination, or failure to renew — Arbitration.
(a)
Any supplier which without good cause cancels, terminates or fails to renew any agreement, or unlawfully causes a wholesaler to resign from an agreement or unreasonably denies or withholds consent to any assignment, transfer or sale of business assets or capital stock or other equity securities of a wholesaler with whom that supplier has an agreement pursuant to § 3-13-5(6), is subject to compensatory damages, equitable relief, or both. Compensatory damages include reasonable compensation for the value of the wholesaler’s business with relation to the affected brand or brands and the wholesaler’s goodwill, if any.
(b)
The supplier and the wholesaler may, by the terms of an agreement or otherwise, submit the disputes set forth in subsection (a), including the compensation, if any, to be paid for the value of the wholesaler’s business, to a neutral arbitrator to be selected by the parties, or if they cannot agree, by the presiding justice of the Rhode Island superior court. The arbitration proceeding shall be held within the state and shall be governed by chapter 3 of title 10. Arbitration costs shall be paid one-half (½) by the wholesaler and one-half (½) by the supplier. The award of the arbitrator is final and binding on the parties.
(c)
Unless otherwise ordered by the superior court, all of the terms and conditions of an agreement between the parties shall remain in full force and effect for a period not to exceed one year during the course of any arbitration or judicial proceedings brought to enforce any rights under an agreement or under this chapter. No supplier who, pursuant to an agreement with a wholesaler, has designated a sales territory for which the wholesaler is primarily responsible or in which the wholesaler is required to concentrate its efforts, shall enter into an agreement with any other wholesaler during that one year period for the purpose of establishing an additional wholesaler for any of its brands or products. Notwithstanding any pending arbitration proceeding, a party may petition the superior court in accordance with § 3-13-11 to obtain any relief as may be necessary to enforce this section.
History of Section.
P.L. 1982, ch. 415, § 1.
2023 Rhode Island General Laws › Title 3 - Alcoholic Beverages › Chapter 3-13 - Malt Beverage Supplier-Wholesaler Agreements › Section 3-13-8. - Sale of supplier.

§ 3-13-8. Sale of supplier.
Except for discontinuance of all sales of a brand or brands in this state or for good cause, any person who purchases a supplier becomes obligated to all of the terms of any agreement in effect on the date of purchase. The acquiring supplier is not obligated to supply its brand or brands to the wholesalers of the acquired supplier. Nothing prevents the parties from negotiating a new agreement consistent with the provisions of this chapter. The term purchase includes, but is not limited to, a purchase of stock, purchase of assets, lease, merger, or any other reorganization, consolidation, or acquisition of a supplier.
History of Section.
P.L. 1982, ch. 415, § 1.