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 Amendment
Regulation Status Inactive
Effective 08/20/2023 to 12/11/2023

Regulation Authority:

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

Purpose and Reason:

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.

Editorial Notes:

Prior to filing this rule on 08/20/2023, the agency elected to accept public comments within the RICR. Due to a technical error, comments with attached files may not have been received. This is being repromulgated to ensure full access to comment.