Liquor Control Administration


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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 Direct Final Amendment
Regulation Status Inactive
Effective 04/01/2023 to 08/20/2023

Regulation Authority:

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

Purpose and Reason:

The Department has proposed to delete § 1.4.14 consistent with a Superior Court decision dated January 9, 2023, in The Wine and Liquor Co. v. DBR, PC-2022-02539, which held that the one-year completion deadline for the “granting order” requirement wasn’t statutorily authorized and that the automatic penalty of the license becoming “null and void” without a hearing on the matter was constitutionally defective.

Deleting this paragraph will eliminate the regulatory requirement that all conditions attached to written municipal retail liquor licenses that have been granted (but not issued) be completed within one (1) year of the date of the grant of the license. Additionally, the deletion will also eliminate the automatic penalty of declaring said license is “null and void” if conditions for licensure are not completed within one year.

The Department does not expect these proposed amendments to be controversial.