Liquor Control Administration

230-RICR-30-10-1 ACTIVE RULE

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1.4Regulatory Provisions

Title 230 Department of Business Regulation (includes the Office of the Health Insurance Commissioner)
Chapter 30 Commercial Licensing
Subchapter 10 Liquor
Part 1 Liquor Control Administration
Type of Filing Amendment
Regulation Status Active
Effective 12/11/2023

Regulation Authority:

R.I. Gen. Laws § 3-2-2
3-5-20 and 3-7-14.2.

Purpose and Reason:

The regulatory changes proposed in this filing are identical to the regulatory language currently in effect as of August 20, 2023. The effective version was originally noticed for public comment from June 21, 2023, through July 21, 2023. During that public comment period, a technical error within the RICR system may have prevented comments submitted through RICR’s attachment field from being received by the agency. Any comments submitted directly through RICR’s text box option (with no attachments) or submitted directly to the agency were processed successfully. 

As a result of the technical error, the agency is re-promulgating the regulatory changes (effective as of August 20, 2023) to ensure that the public has full access to submit public comments as originally intended. The regulatory language included in this notice redlines the changes made in the most recent promulgation. The agency is noticing these changes for additional public comment.

The Department is proposing to amend § 1.4.44(A)(2) after a Superior Court decision was issued on January 9, 2023, in The Wine and Liquor Co. v. DBR, PC-2022-02539. The Court held that the one-year completion deadline for the “granting order” specified in § 1.4.14 was problematic and the language rendering a license “null and void” without a hearing on the matter was constitutionally defective. Thereafter, DBR amended the Regulation by deleting § 1.4.14. The language in 1.4.44(A)(2) regarding a license being “granted but not issued” and rendering an application “null and void” is similarly deficient.  

Amending § 1.4.44(A)(2) will allow a municipality to grant extensions of thirty (30) days to applicants who do not initially include their Certificate of Good Standing from the Department of Taxation along with their transfer application. The application will remain pending while the applicant obtains the Certificate, rather than being “granted but not issued,” thereby eliminating an application and grant of license being rendered null and void for want of the Certificate.  A new hearing must be scheduled along with the extension by the municipality if a hearing was scheduled in the first instance.