Terms Used In Rhode Island General Laws > Chapter 3-2 - Liquor Control Administration

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Binary trigger: means a device that replaces a standard trigger on a semi-automatic weapon and is designed to fire one round on the pull of the trigger and another round upon release of the trigger. See Rhode Island General Laws 11-47-2
• Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Rhode Island General Laws 11-49-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Credit card: means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit. See Rhode Island General Laws 11-49-1
• Crime of violence: means and includes any of the following crimes or an attempt to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of § 21-28-2. See Rhode Island General Laws 11-47-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of business regulation. See Rhode Island General Laws 3-1-1
• Director: means the director of the department of business regulation. See Rhode Island General Laws 3-1-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division of taxation: means the division of taxation of the department of administration. See Rhode Island General Laws 3-1-1
• Document-making implement: means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;

  (2)  "Identification document" means a document made or card issued by or under the authority of the United States Government, a state, political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;

  (3)  "Means of identification" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any:

  (i)  Name, social security number, date of birth, official state or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number;

  (ii)  Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;

  (iii)  Unique electronic identification number, address, or routing code; or

  (iv)  Telecommunication identifying information or access device as defined in 18 U. See Rhode Island General Laws 11-49.1-2

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federally licensed firearm dealer: means a person who holds a valid federal firearm dealers license issued pursuant to 18 U. See Rhode Island General Laws 11-47.1-2
• Firearm: includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun" "BB gun" or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. See Rhode Island General Laws 11-47-2
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fugitive from justice: means any person who has fled from any state, territory, the District of Columbia, or possession of the United States to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding. See Rhode Island General Laws 11-47-2
• Ghost gun: means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or markings in accordance with 27 C. See Rhode Island General Laws 11-47-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Issuer: means the business organization or financial institution, or its duly authorized agent, which issues a credit card. See Rhode Island General Laws 11-49-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Large capacity feeding device: means a magazine, box, drum, tube, belt, feed strip, or other ammunition feeding device which is capable of holding, or can readily be extended to hold, more than ten (10) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. See Rhode Island General Laws 11-47.1-2
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensing authorities: means the board of police commissioners of a city or town where the board has been instituted, the chief of police or superintendent of police of other cities and towns having a regular organized police force, and, in towns where there is no chief of police or superintendent of police, it means the town clerk who may issue licenses upon the recommendation of the town sergeant, and it also means any other person or body duly authorized by the city or town charter or by state law. See Rhode Island General Laws 11-47-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Machine gun: means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. See Rhode Island General Laws 11-47-2
• Major component: means , with respect to a firearm:

  (i)  The slide or cylinder or the frame or receiver of the firearm; and

  (ii)  In the case of a rifle or shotgun, includes the barrel of the firearm. See Rhode Island General Laws 11-47-2

• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: as used in this chapter , includes any individual, firm, or corporation. See Rhode Island General Laws 11-48-1
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Person: includes an individual, partnership, firm, association, or corporation. See Rhode Island General Laws 11-47-2
• Personal property: All property that is not real property.
• Pistol: includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26?), but does not include any pistol or revolver designed for the use of blank cartridges only. See Rhode Island General Laws 11-47-2
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Produce: means to manufacture, alter, authenticate, or assemble an identification document;

  (5)  "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States; and

  (6)  "Financial information" means any of the following information identifiable to an individual that concerns the amount and/or condition of an individual's assets, liabilities or credit:

  (i)  Account numbers and balances;

  (ii)  Transactional information concerning any account; or

  (iii)  Codes, passwords, social security numbers, tax identification numbers, driver's license numbers or any other information held for the purpose of account access or transaction initiation. See Rhode Island General Laws 11-49.1-2

• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• purchasing: shall be construed accordingly. See Rhode Island General Laws 11-47-2
• Sawed-off rifle: means any rifle with overall length of less than twenty-six inches (26?) or barrel length of less than sixteen inches (16?). See Rhode Island General Laws 11-47-2
• Sawed-off shotgun: means any shotgun with overall length of less than twenty-six inches (26?) or barrel length of less than eighteen inches (18?). See Rhode Island General Laws 11-47-2
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Sell: includes let or hire, give, lend, and transfer, and "purchase" includes hire, accept, and borrow, and "purchasing" shall be construed accordingly. See Rhode Island General Laws 11-47-2
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States; and

  (6)  "Financial information" means any of the following information identifiable to an individual that concerns the amount and/or condition of an individual's assets, liabilities or credit:

  (i)  Account numbers and balances;

  (ii)  Transactional information concerning any account; or

  (iii)  Codes, passwords, social security numbers, tax identification numbers, driver's license numbers or any other information held for the purpose of account access or transaction initiation. See Rhode Island General Laws 11-49.1-2

• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trigger crank: means a trigger actuator that attaches to the trigger of a semi-automatic weapon and causes the weapon to fire by turning the crank handle. See Rhode Island General Laws 11-47-2
• Trustee: A person or institution holding and administering property in trust.
• Undetectable firearm: means any firearm that:

  (i)  After removal of all parts, other than a major component, is not as detectable by walk-through metal detectors commonly used at airports or other public buildings; or

  (ii)  Any major component of which, if subjected to inspection by the types of detection devices commonly used at airports or other public buildings for security screening, would not generate an image that accurately depicts the shape of the component; or

  (iii)  Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or

  (iv)  Upon which the frame or receiver lacks a unique serial number engraved or cased into on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or markings in accordance with 27 C. See Rhode Island General Laws 11-47-2

• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.