This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Liquor Authority for the State of Rhode Island

Rhode Island’s Liquor Authority:

• The Rhode Island Liquor Authority is the Division of Commercial Licensing, Liquor Control Section.

• The phone number for the Rhode Island Liquor Authority is (401) 222-2416.
• The website for the Rhode Island Liquor Authority is: www.dbr.state.ri.us/divisions/commlicensing/liquor.php
• The Rhode Island Legislature is the body responsible for enacting the state’s alcohol laws.

Liquor License and Alcohol Beverage Laws for the State of Rhode Island

The following pertains to the service hours for alcoholic beverages in the state of Rhode Island:

• On-Premise Establishments may sell and service alcohol Monday – Sunday from 6am to 1am.
• Off-Premise and retail store licensees may sell alcohol:
  • Nov – May:  Monday – Saturday from 7am to 10pm.
  • June – Oct:   Monday – Saturday from 7 am to 1pm.
  • Year round:  Sundays from noon to 6pm.

• Class B licensees may request and pay an additional fee in order to remain open until 2am on Fridays, Saturdays and the night before any legal state holidays.

Under Rhode Island State Law:

• Licensees must uphold all the liquor laws for the state of Rhode Island.
• Licensees must also be knowledgeable of and abide by any local ordinances as well.
• Licensees must provide their local governments with the necessary information verifying that all their employees who are required to receive mandatory training have in fact received that training within the last 3 years.
• All employees who are required to have mandatory training must have their server permits available on the licensed premises while on duty in the sale or service of alcohol.
• Laws regarding age:
  • A person must be at least 21 years old to consume alcohol.
  • It is unlawful for a licensee to serve or provide alcohol to anyone under the age of 21 or to allow that person to consume any alcohol.

• Under Rhode Island common or statutory law, damages may be awarded for all injuries.
• Additionally, punitive damages may be awarded in all actions based on reckless conduct but not for actions based on negligent conduct.

The law regarding the service of liquor to a visibly intoxicated person states that:

• Anyone who recklessly serves liquor to a visibly intoxicated individual may be liable for damages proximately caused by that individual’s consumption of liquor. Service of liquor is reckless if a defendant intentionally serves liquor to an individual when the server knows that the individual being served is a minor or is visibly intoxicated, and the server consciously disregards an obvious and substantial risk that serving liquor to that individual will cause physical harm to the drinker or to others. Practices that are admissible as evidence of reckless conduct, may include:

o        Encouraging intoxicated individuals to consume substantial amounts of liquor.

o        Serving a minor when the server has actual, or constructive knowledge, of the individual’s age.

o        Service of alcohol to a person that is so frequent and excessive that it creates an increased risk of alcohol poisoning that may even cause death.

Regarding alcohol service restrictions, licensees (and their agents or employees) are prohibited from:

• Offering drinks at a reduced price if a customer or group of customers purchases more than one drink at a time.
• Increasing the volume of alcohol in a drink without increasing the price of the drink accordingly.
• Serving, selling or offering an unlimited amount of drinks for a fixed price during a certain period of time. 
• Allowing drinking games or contests.
• Giving alcohol as a reward for consumption.
• Promoting or advertising by any means:

o        Happy Hours.

o        Open Bar.

o        Free Drink Specials.

o        Two-for-One Nights.

o        Pub Crawls. (May be prohibited by local ordinance.)

Licensees may:

• Provide free food or entertainment for their customers any time they wish.
• Offer a meal package that includes an alcoholic beverage.
• Offer free wine tastings.
• Provide the sale or delivery of wine by the carafe or bottle with a meal or to a group of customers.

The penalty for serving or selling alcohol to a minor is a felony punishable by:

• First violation: fine in the range of  $350.00 - $1,000.00 and/or up to 6 months in prison.
• Second violation: fine in the range of  $750.00 - $1,000.00 and/or up to 6 months in prison.
• Third violation (or more): $1,000.00 fine and/or up to 6 months in prison.      

The penalty for a minor trying to obtain alcohol or a person trying to obtain alcohol on behalf of a minor or allowing a minor to consume alcohol or allowing an employee under the age of 18 to sell or serve alcohol is:

• First violation: $250.00 fine.
• Second violation: $500.00 fine.
• Third violation (or more): $750.00 fine.     

Any new violations will be treated as a first offense, if it has been at least three years since the last violation.

Identification

Acceptable forms of identification in Rhode Island are:

• Driver’s License (50 states)
• State ID card (Rhode Island only)
• Military ID
• Passport

ADDENDUM: RHODE ISLAND’S DRAM SHOP LAW

§ 3-14-1 Short title. . This chapter shall be known as the "Rhode Island Liquor Liability Act".

§ 3-14-2 Purposes.

(a) Primary legislative purpose. The primary legislative purpose of this chapter is to prevent intoxication-related injuries, deaths and other damages among Rhode Island’s population.

(b) Secondary purposes. The secondary legislative purposes are:

(1) To establish a legal basis for obtaining compensation for those suffering damages as a result of intoxication related incidents in accordance with this chapter;

(2) To allocate the liability for payment of damages fairly among those responsible for the damages, which will encourage liquor liability insurance availability; and

(3) To encourage all servers of alcohol to exercise responsible serving practices.

§ 3-14-3 Definitions.  As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings:

(a) "Adult" means any person twenty-one (21) years of age or older.

(b) "Intoxicated individual" means an individual who is in a state of intoxication as defined by this chapter.

(c) "Intoxication" means a substantial impairment of a person’s mental or physical faculties as a result of drug or alcoholic beverage use so as to diminish that person’s ability to think and act in a manner in which an ordinary prudent and cautious person, in full possession of his or her faculties and using reasonable care, would act under like circumstances.

(d) "Licensee" means the person to whom a license of any kind is issued by the local licensing authority and any person who is required to be licensed to serve or to permit the consumption of liquor.

(e) "Liquor" means any intoxicating beverage, which contains more than three and two tenths percent (3.2%) of alcohol by weight.

(f) "Minor" means any person under the age of twenty-one (21) years.

(g) "Person" means any individual, governmental body, corporation, or other legal entity.

(h) "Service of liquor" means any sale, gift, or other furnishing of liquor.

(i) "Visibly intoxicated" means a state of intoxication accompanied by a perceptible act or series of acts presenting an apparent sign or signs of intoxication.

§ 3-14-4 Plaintiffs.

(a) Except as provided in subsection (b), any person who suffers damage, as provided in § 3-14-8, may bring an action under this chapter. This chapter shall not be construed to limit any currently existing common law or statutory right.

(b) The following persons may not bring an action under this chapter against a defendant for negligently serving liquor to an individual, but may bring an action under this chapter against a defendant for recklessly serving liquor to an individual:

1) The intoxicated tortfeasor if he or she was at least twenty-one (21) years old when served by the defendant;

(2) The estate of the intoxicated tortfeasor if he or she was at least twenty-one (21) years old when served by the defendant; and

(3) Any person asserting claims arising out of the personal injury or death of the intoxicated tortfeasor if the intoxicated tortfeasor was at least twenty-one (21) years old when served.

§ 3-14-5 Defendants. . The following persons who commit an act giving rise to liability, as provided in § 3-14-6, may be made defendants to a claim under this chapter:

(1) An alcoholic beverage retail licensee, and any employee or agent of this licensee; or

(2) Any person who, at the time of an act giving rise to liability, as provided in § 3-14-6, was required by law to have had an alcoholic beverage retail license under chapter 7 of this title and any employee or agent of that person.

§ 3-14-6 Liability for negligent service of liquor.

(a) A defendant, as described in § 3-14-5, who negligently serves liquor to a minor is liable for damages proximately caused by the minor’s consumption of the liquor.

(b) A defendant, as defined in § 3-14-5, who negligently serves liquor to a visibly intoxicated individual is liable for damages proximately caused by the individual’s consumption of the liquor.

(c) Service of liquor to a minor or to an intoxicated individual is negligent if the defendant knows, or if a reasonable and prudent person in similar circumstances would know that the individual being served is a minor or is visibly intoxicated.

(d) A defendant is not chargeable with knowledge of an individual’s consumption of liquor or other drugs off the defendant’s premises unless the individual’s appearance and behavior, or other facts known to the defendant, would put a reasonable and prudent person on notice of that consumption.

(e) Proof of service of alcoholic beverages to a person under twenty-one (21) years of age without request for identification forms a rebuttable presumption of negligence.

§ 3-14-7 Liability for reckless service of liquor.

(a) A defendant, as defined in § 3-14-5, who recklessly provides liquor to a minor is liable for damages proximately caused by that minor’s consumption of the liquor.

(b) A defendant, as defined in § 3-14-5, who recklessly serves liquor to a visibly intoxicated individual is liable for damages proximately caused by that individual’s consumption of the liquor.

(c) Service of liquor is reckless if a defendant intentionally serves liquor to an individual when the server knows that the individual being served is a minor or is visibly intoxicated, and the server consciously disregards an obvious and substantial risk that serving liquor to that individual will cause physical harm to the drinker or to others.

(1) For the purposes of this chapter, the disregard of the risk, when viewed in light of the nature and purpose of the server’s conduct and the circumstances known to him or her, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.

(d) Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following:

(1) Active encouragement of intoxicated individuals to consume substantial amounts of liquor;

(2) Service of liquor to an individual who is under twenty-one (21) years old when the server has actual or constructive knowledge of the individual’s age; and

(3) Service of liquor to an individual that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning.

§ 3-14-8 Damages.

(a) Damages may be awarded for all injuries recognized under Rhode Island common or statutory law.

(b) Punitive damages may be awarded in all actions based on reckless conduct, as set forth in § 3-14-7(c). Punitive damages may not be awarded for actions based on negligent conduct, as set forth in § 3-14-6(c).

(c) Damages may be recovered under chapter 7 of title 10 and § 10-7-8, as in other tort actions.

§ 3-14-9 Common law claims and defenses. -- Common law claims and defenses applicable to tort actions based on negligence and recklessness in this state shall not be limited by this chapter.

§ 3-14-10 Settlement -- Release -- Contributions -- Indemnity.

(a) A plaintiff ’s settlement and proper release of either the intoxicated tortfeasor or a defendant, as defined in § 3-14-5, will not bar potential claims against any other defendant(s).

(b) The amount paid to a plaintiff in consideration for the settlement and proper release of any defendant will be offset against all other subsequent judgments received by the plaintiff.

(d) The liability of the intoxicated tortfeasor and any defendant, as defined in § 3-14-5, who served alcoholic beverages, shall be joint and several.

(e) In cases of negligent conduct, the intoxicated tortfeasor and any defendant, as defined in § 3-14-5, who served alcoholic beverages have a right of contribution and not a right of indemnification.

(f) In cases of reckless conduct, nonreckless defendants have a right of either indemnification or contribution from any reckless defendants.

§ 3-14-11 Statute of limitations. -- Any action under this chapter against a defendant alleging negligent or reckless conduct must be brought within three (3) years after the cause of action accrues.

§ 3-14-12 Evidence of responsible serving practices.

(a) Proof of defendant’s responsible serving practices is admissible as evidence that the server was not negligent or reckless. Responsible serving practices include, but are not limited to:

(1) Defendant’s and defendant’s employees’ attendance at a server education training course; and

(2) Defendant’s implementation, at the time of service, of responsible management policies, procedures, and actions.

(b) Proof or disproof that the defendant was adhering to responsible serving practices is not by itself proof or disproof of negligence or recklessness.

§ 3-14-13 Privileges.

(a) No licensee is liable for damages resulting from a good faith refusal to serve liquor to any individual who:

(1) Fails to show proper identification of age;

(2) Reasonably appears to be a minor; or

(3) Is refused service in a good faith effort to prevent him or her from becoming visibly intoxicated.

(c) No licensee is liable for retaining identification documents presented to the licensee as proof of the individual’s age for the purpose of receiving liquor provided:

(1) Retention is for a reasonable length of time in a good faith effort to determine whether the individual is of legal age; and

(2) The licensee informs the individual why he or she is retaining the identification documents.

(d) This section does not limit a licensee’s right to assert any other defense provided by law.

(e) A licensee may not be held liable under this chapter for failing to exercise any privilege provided in this section; however, this subsection does not provide immunity from liability under §§ 3-14-6 and 3-14-7.

§ 3-14-14 Insurance records.

(a) The commissioner of insurance shall keep records and shall collect and maintain records on the following statistics concerning liquor liability insurance in this state:

(1) The number and names of companies writing liquor liability insurance, either as a separate line or in a larger policy;

(2) The number and dollar amount of premiums collected for liquor liability insurance policies; and

(3) The number and dollar amount of claims paid out under liquor liability insurance.

(b) The commissioner of insurance shall make records available. The commissioner of insurance shall make available to the legislature the information collected and maintained under subsection (a).