Rhode Island General Laws
Chapter 44-18 - Sales and Use Taxes — Liability and Computation
Section 44-18-18.1. - Local meals and beverage tax.

§ 44-18-18.1. Local meals and beverage tax.
(a) There is hereby levied and imposed, upon every purchaser of a meal and/or beverage, in addition to all other taxes and fees now imposed by law, a local meals and beverage tax upon each and every meal and/or beverage sold within the state of Rhode Island in or from an eating and/or drinking establishment, whether prepared in the eating and/or drinking establishment or not and whether consumed at the premises or not, at a rate of one percent of the gross receipts. The tax shall be paid to the tax administrator by the retailer at the time and in the manner provided.
(b) All sums received by the division of taxation under this section as taxes, penalties, or forfeitures, interest, costs of suit, and fines shall be distributed at least quarterly and credited and paid by the state treasurer to the city or town where the meals and beverages are delivered.
(c) When used in this section, the following words have the following meanings:
(1) “Beverage” means all nonalcoholic beverages, as well as alcoholic beverages, beer, lager beer, ale, porter, wine, similar fermented malt, or vinous liquor.
(2) “Eating and/or drinking establishment” means and includes restaurants, bars, taverns, lounges, cafeterias, lunch counters, drive-ins, roadside ice cream and refreshment stands, fish-and-chip places, fried chicken places, pizzerias, food-and-drink concessions, or similar facilities in amusement parks, bowling alleys, clubs, caterers, drive-in theatres, industrial plants, race tracks, shore resorts or other locations, lunch carts, mobile canteens and other similar vehicles, and other like places of business that furnish or provide facilities for immediate consumption of food at tables, chairs, or, counters or from trays, plates, cups, or other tableware, or in parking facilities provided primarily for the use of patrons in consuming products purchased at the location. Ordinarily, eating establishment does not mean and include food stores and supermarkets. Eating establishments does not mean “vending machines,” a self-contained automatic device that dispenses for sale foods, beverages, or confection products. Retailers selling prepared foods in bulk, either in customer-furnished containers or in the seller’s containers, for example “Soup and Sauce” establishments, are deemed to be selling prepared foods ordinarily for immediate consumption and, as such, are considered eating establishments.
(3) “Meal” means any prepared food or beverage offered or held out for sale by an eating and/or drinking establishment for the purpose of being consumed by any person to satisfy the appetite and that is ready for immediate consumption. All such food and beverage, unless otherwise specifically exempted or excluded herein shall be included, whether intended to be consumed on the seller’s premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper, or by some other name, and without regard to the manner, time, or place of service.
(d) This local meals and beverage tax shall be administered and collected by the division of taxation, and unless provided to the contrary in this chapter, all of the administration, collection, and other provisions of chapters 18 and 19 of this title apply.
History of Section.P.L. 2003, ch. 376, art. 7, § 9; P.L. 2004, ch. 498, § 1; P.L. 2006, ch. 246, art. 30, § 9; P.L. 2011, ch. 151, art. 19, § 26; P.L. 2013, ch. 144, art. 9, § 3; P.L. 2014, ch. 528, § 63; P.L. 2019, ch. 88, art. 5, § 9.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 44 - Taxation

Chapter 44-18 - Sales and Use Taxes — Liability and Computation

Section 44-18-1. - Short title.

Section 44-18-2. - Declaration of necessity.

Section 44-18-3. - Applicability of definitions.

Section 44-18-4. - “Sales tax” defined.

Section 44-18-5. - “Use tax” defined.

Section 44-18-6. - Person defined.

Section 44-18-7. - Sales defined.

Section 44-18-7.1. - Additional definitions.

Section 44-18-7.2. - Sales tax holiday definitions.

Section 44-18-7.3. - Services defined.

Section 44-18-8. - Retail sale or sale at retail defined.

Section 44-18-9. - “Storage” defined.

Section 44-18-10. - “Use” defined.

Section 44-18-11. - Storage or use for export.

Section 44-18-12. - “Sale price” defined.

Section 44-18-12.1. - “Additional measure subject to tax”.

Section 44-18-13. - Gross receipts defined.

Section 44-18-14. - “Business” defined.

Section 44-18-15. - “Retailer” defined.

Section 44-18-15.1. - “Promoter” and “show” defined — Duty of promoter to collect tax.

Section 44-18-15.2. - “Remote seller” defined — Collection of sales and use tax by remote seller.

Section 44-18-16. - Tangible property defined.

Section 44-18-17. - “State” defined.

Section 44-18-18. - Sales tax imposed.

Section 44-18-18.1. - Local meals and beverage tax.

Section 44-18-19. - Collection of sales tax by retailer.

Section 44-18-19.1. - Direct Pay Permit.

Section 44-18-20. - Use tax imposed.

Section 44-18-21. - Liability for use tax.

Section 44-18-22. - Collection of use tax by retailer.

Section 44-18-23. - “Engaging in business” defined.

Section 44-18-24. - Collection by retailer of use tax on interstate sales.

Section 44-18-25. - Presumption that sale is for storage, use, or consumption — Resale certificate.

Section 44-18-26. - Tax on retailer’s use of merchandise.

Section 44-18-26.1. - “Demonstration boat” defined.

Section 44-18-27. - Tax on rental income to retailer.

Section 44-18-28. - Resale of fungible goods from commingled mass.

Section 44-18-29. - Repealed.

Section 44-18-30. - Gross receipts exempt from sales and use taxes.

Section 44-18-30A. - Exemption or credit where sales or use taxes were paid in other jurisdictions.

Section 44-18-30B. - Exemption from sales tax for sales by writers, composers, artists — Findings.

Section 44-18-30C. - Exemption from or stabilization of sales and use taxes for municipal economic development zones — West Warwick.

Section 44-18-30D. - Repealed.

Section 44-18-30.1. - Application for certificate of exemption — Fees.

Section 44-18-31. - Exemption of sales to federal government.

Section 44-18-32. - Sales to federal contractors.

Section 44-18-33. - Sales to common carrier for use outside state.

Section 44-18-34. - Exemption from use tax of property subject to sales tax.

Section 44-18-35. - Property purchased from federal government.

Section 44-18-36. - Property held prior to 1947 — Property of nonresidents — Extension of sales tax exemptions to use tax.

Section 44-18-36.1. - Hotel tax.

Section 44-18-37. - Additional to other taxes.

Section 44-18-38. - Severability.

Section 44-18-39. - Repealed.

Section 44-18-40. - Exemption for buses, trucks and trailers in interstate commerce.

Section 44-18-40.1. - Exemption for certain energy products.