SECTION 1. Sections 3-6-1 and 3-6-15 of the General Laws in Chapter 3-6 entitled "Manufacturing and Wholesale Licenses" are hereby amended to read as follows: 3-6-1. Manufacturer’s license.
(a) A manufacturer’s license authorizes the holder to establish and operate a brewery, distillery, or winery at the place described in the license for the manufacture of beverages within this state. The license does not authorize more than one of the activities of operator of a brewery or distillery or winery and a separate license shall be required for each plant.
(b) The license also authorizes the sale at wholesale, at the licensed place by the manufacturer of the product of the licensed plant, to another license holder and the transportation and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The license does authorize the sale of beverages for consumption on premises where sold; provided that the manufacturer does not sell an amount in excess of forty-eight ounces (48 oz.) of malt beverage or four and one-half ounces (4.5 oz.) of distilled spirits, or fifteen ounces (15 oz.) of wine per visitor, per day, or a combination not greater than three (3) drinks where a drink is defined as up to sixteen ounces (16 oz.) of beer or one and one-half ounces (1.5 oz.) or five ounces (5 oz.) of wine of spirits, for consumption on the premises. The license also authorizes the sale of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce (12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages, or one one-sixth (1/6) barrel keg or any otherwise permitted vessel containing not more than this amount of malt beverage, or one thousand five hundred milliliters (1,500 ml) of distilled spirits per visitor, or three (3) seven hundred fifty milliliter (750 ml) bottles of wine or the equivalent amount of wine sold by the can or other container, per day, to be sold in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws governing retail Class A establishments. The containers for the sale of beverages for off-premises consumption shall be sealed. The license does not authorize the sale of beverages in this state for delivery outside this state in violation of the law of the place of delivery. The license holder may provide to visitors, in conjunction with a tour or tasting, samples, clearly marked as samples, not to exceed three hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces (72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the product of the licensed plant to visitors for off-premises consumption. The license does not authorize providing samples to a visitor of any alcoholic beverages for off-premises consumption that are not manufactured at the licensed plant. All manufacturer licenses conducting retail sales or providing samples shall be subject to compliance with alcohol server training and liquor liability insurance requirements set forth in §§ 3-7-6.1 and 3-7-29 and the regulations promulgated thereunder.
(c) The annual fee for the license is three thousand dollars ($3,000) for a distillery producing more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) for a distillery producing less than or equal to fifty thousand gallons (50,000 gal.) per year; five hundred dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500) for a winery producing more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) per year for a winery producing less than fifty thousand gallons (50,000 gal.) per year. All those fees are prorated to the year ending December 1 in every calendar year and shall be paid to the general treasurer for the use of the state. 3-6-15. Manufacturer’s interest in business of wholesaler restricted.
(a) Except as provided for in this section, no No manufacturer of distilled spirits or wines whose principal place of manufacture is outside of this state alcoholic beverages shall hold a wholesaler’s license issued under this title or shall have any interest in a wholesaler’s license, either directly or indirectly, as an owner or part owner, or through a subsidiary or affiliate, or by any officers, directors, or employees of the manufacturer, or by stock ownership, interlocking directors, trusteeship, loan, mortgage or by being a guarantor, endorser or surety of any obligation of a wholesaler.
(b) Manufacturers of alcoholic beverages shall be eligible to hold a wholesaler’s license issued under this chapter, provided the following:
(1) The manufacturer has an executed labor peace agreement with a bona fide labor union for the wholesale affiliate licensed pursuant to this chapter;
(2) The sale or delivery to licensed retailers or wholesalers of the affiliated manufacturer’s product shall be allowed; provided that, the affiliated manufacturer produces less than five thousand (5,000) barrels aggregate annually of their own product. Additionally, the wholesale affiliate shall be limited to three thousand (3,000) barrels for wholesale distribution solely of their own product. An annual certification of total barrels produced and distributed shall be submitted, to the department of business regulation.
(3) The annual fee for the license shall be waived when holding a valid manufacturer’s license.
(c) Labor peace agreements-requirements.
(1) For the purposes of this section, the following terms shall have the following meanings:
(i) “Bona fide labor organization” is a labor union that represents or is actively seeking to represent wholesale distribution workers.
(ii) “Labor peace agreement” means an agreement between a licensee and a bona fide labor organization that, at a minimum, protects the state’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the licensed entity.
(iii) “Collective bargaining agreement” means an agreement between a licensee and a bona fide labor organization that set the terms for employees for wages, hours and other working conditions and otherwise meets the requirements of a labor peace agreement for the purposes of this section.
(2) All wholesale distribution licensees with a relationship to an alcoholic beverage manufacturer pursuant to this section shall enter into, maintain, and abide by, the terms of a labor peace agreement, and shall annually submit to the department of business regulation an attestation by a bona fide labor organization stating that the applicant meets this section’s requirements.
(3) Compliance with the requirements of this section shall be an ongoing material condition of the license, and any violation may result in suspension, revocation and/or non-renewal of the license.
(4) Nothing in this section shall be construed to limit the National Labor Relations Act 29 U.S.C ch. 7 §§151-169, Labor-Management Relations Act, also known as Taft-Hartley, 29 U.S.C § 186, the Railway Labor Act 45 U.S.C §§ 151 et seq. or any other applicable federal laws.
SECTION 2. This act shall take effect upon passage.
