Rhode Island General Laws

R.I. Gen. Laws § 3-5-10 (2026)

Residence of licensees and qualifications of persons and corporations as licensee

✓ current as of July 2026

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(a)(1) Except as otherwise provided, licenses are issued only to citizens who are residents of this state. It is not required that dining car companies, sleeping car companies, railroad companies operating in this state, or companies operating passenger-carrying marine vessels in this state be citizens of this state in order to be eligible to receive retailers’ Class G licenses. Retailer’s licenses may, however, be issued to corporations incorporated in any other of the United States which are authorized by the secretary of state to transact business in this state.

(2) Notwithstanding the provisions of subsection (a)(1) of this section, no license shall be issued, granted, renewed, or transferred to any trust or trustee or to any corporation of which any share or shares of stock or other indicia of ownership or control are owned or held by any trust, or trustee, business organization, or other entity or person other than a natural person or corporation authorized by the secretary of state to transact business in this state; provided, however, that this subsection shall not affect any grant, renewal, or transfer of a license which occurred prior to the effective date of this subsection [June 15, 2000].

(b)(1) In applications for beverage licenses by corporations except those having more than twenty-five (25) stockholders, the names and addresses of all officers and members of the board of directors and of all stockholders shall be filed with the board, body, or official to whom application is made. No beverage license shall be issued to the corporation unless each officer, director or stockholder is a suitable person to hold a license within the discretion of the board, body or official to whom application is made.

(2) All those corporations holding beverage licenses shall report to the board, body or official who issued the licenses the name of any newly elected officer or director and the acquisition by any person of more than ten percent (10%) of any class of corporate stock, within thirty (30) days after the election or acquisition. Thereupon, the board, body or official may call a hearing, at its discretion, to determine whether the new officer, director or stockholder is a suitable person under this section and the board, body or official may revoke or suspend the license if the new officer or director or stockholder is not a suitable person to hold a license.

(3) No person shall acquire fifty percent (50%) or more of any class of the stock of any corporation licensed under this section, except corporations having more than twenty-five (25) stockholders, unless permission for the acquisition is first given by the board, body or official who issued the license. Application for permission to acquire stock is subject to the provisions of § 3-5-19 relating to the transfer of a license to another person except that it shall not be necessary that a new bond be given. Unless the board, body or official determines that the person seeking permission to acquire fifty per cent (50%) or more of the corporation’s stock is a suitable person to hold a license, the permission shall not be given.

(4) The beverage license of a corporation is subject to suspension or revocation for failure to comply with any of the provisions of this section or for any fraud or misrepresentation in connection with the beverage license.

(c) Applicants for beverage licenses shall make full disclosure in their applications for a license of any interest, whether direct or indirect, by any other person, firm or corporation in the license applied for, and failure to do so or any misrepresentation by the applicant may be cause for denial of the application or revocation of the license if granted by the board, body or official issuing the license.

(d) The board, body or official issuing beverage licenses may also deny applications of persons who have criminal records, or who have records of repeated violations of this title.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1969–2022 · leading case: Wine & Spirits Retailers, Inc. v. Rhode Island, 481 F.3d 1 (1st Cir. 2007).

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Wine & Spirits Retailers, Inc. v. Rhode Island, 481 F.3d 1 (1st Cir. 2007). · cites it 2× “In a rifle-shot attack, the plaintiffs allege that, by limiting Class A licenses to Rhode Island residents, R.I. Gen. Laws § 3-5-10 discriminates on its face against out-of-state residents.”

Perfect Puppy, Inc. v. City of East Providence, 98 F. Supp. 3d 408 (D.R.I. 2015). · cites it 6× “In Wine & Spirits Retailers, plaintiffs' sought to challenge Rhode Island General Laws Section 3-5-10, for facially discriminating against interstate commerce.”

Andruzewski v. Smith, 252 A.2d 914 (R.I. 1969). · cites it 7× “Section 3-5-10, as amended, provides in pertinent part, «-* * iicengeg ghall fog iSSUed only to citizens resident of this state.”

Kelly v. Giguere (In Re Giguere), 165 B.R. 531 (Bankr. D.R.I. 1994). · cites it 2× “) In addition, R.I.Gen.Laws § 3-5-10 deals extensively with the qualification and suitability of persons seeking to acquire liquor licenses, as well as the right of the licensing authority to know the identity of the applicant, and the obligation to make full disclosure as to…”

In Re Hoffman, 65 B.R. 985 (D.R.I. 1986). “Laws § 3-5-10, ordains to the contrary. Such provisions of Rhode Island law are in no way either preempted by the Bankruptcy Code’s automatic stay or invalidated by the Supremacy Clause.”

Anvar v. Dwyer (D.R.I. 2022). “Laws § 3-5-10 states that a retailer license may be issued to residents of Rhode Island and corporations incorporated in another state and authorized to do business in Rhode Island.”

— R.I. Gen. Laws § 3-5-10(a)(1) — 2 cases

Wine & Spirits Retailers, Inc. v. Rhode Island, 481 F.3d 1 (1st Cir. 2007). “In a rifle-shot attack, the plaintiffs allege that, by limiting Class A licenses to Rhode Island residents, R.I. Gen. Laws § 3-5-10 discriminates on its face against out-of-state residents.”

Perfect Puppy, Inc. v. City of East Providence, 98 F. Supp. 3d 408 (D.R.I. 2015). “In Wine & Spirits Retailers, plaintiffs' sought to challenge Rhode Island General Laws Section 3-5-10, for facially discriminating against interstate commerce.”

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