230 R.I. Code R. 230-RICR-30-10-2.4

Current through December 3, 2024

Section 230-RICR-30-10-2.4 - Requirements Regarding Alternating Proprietorships

A. Alternating proprietorships shall comply with the following requirements:

1. The host proprietor and each tenant proprietor will maintain in good standing a manufacturing license under R.I. Gen. Laws Chapter 3-6, either brewery, distillery, winery or rectifier, and comply with R.I. Gen. Laws Title 3, the Regulations promulgated thereunder and all other applicable State laws;

2. The host proprietor and each tenant proprietor will maintain in good standing all required permits or notices from the TTB and comply with applicable Federal laws;

3. The host proprietor and each tenant proprietor will maintain control and responsibility over the respective beverages it produces including formula development, production quantity, quality control standards and independence of brands, trademarks, marketing and directed sales;

4. The host proprietor and each tenant proprietor will hold title to its respective manufacturing materials and the beverages it produces at all stages of production and until removal from the licensed premises;

5. The host proprietor and each tenant proprietor will separately maintain its respective manufacturing materials used for each production run and store products in a manner to ensure they are identifiable as that of the applicable proprietor or tenant at all times until removal from the licensed premises;

6. The host proprietor and each tenant proprietor will submit with their license applications all documents, attestations and information requested by the Department including:

a. The form of alternating proprietorship agreement;

b. A description of the equipment and diagram of the room(s) or area(s) of the licensed premises, or combination thereof, that will alternate between proprietors;

c. A description of the method that the host proprietor will employ to separate the alternating areas of the premises from any areas that will not be alternated; and

d. Amendments of any of the foregoing items in §§ 2.4(A)(6)(a) through (c) of this Part.

7. The host proprietor and each tenant proprietor will maintain separate records and reporting and be subject to inspection as required by the Department and applicable Federal laws;

8. Receipts of manufacturing materials and transfers of materials and products will be reflected in the records of each proprietor;

9. Each proprietor will be responsible for compliance with applicable Federal and State labelling, label registration and tax requirements for the respective beverages it produces; and

10. The host proprietor will maintain and make available to the Department during inspection an up-to-date listing and copies of all alternating proprietorship agreements, premises diagrams, its manufacturing license and TTB permit or notice, and a copy of each tenant proprietor's manufacturing license and TTB permit or notice.

230 R.I. Code R. 230-RICR-30-10-2.4

Adopted effective 3/30/2022