SB161 (2005) Detail

Relative to certain licenses issued by the liquor commission.


SB 161 – AS INTRODUCED

2005 SESSION

05-0942

03/09

SENATE BILL 161

AN ACT relative to certain licenses issued by the liquor commission.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Gallus, Dist 1

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill modifies the procedures for and effect of municipal votes on liquor sales.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0942

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to certain licenses issued by the liquor commission.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 On-Premises Beverage and Wine Licenses; Reference Changed. Amend RSA 178:20, I to read as follows:

I. The commission may issue a license to any of the types of businesses specified in paragraph II of this section in any town which has voted to accept the provisions of RSA 663:5, [I(b) and (c)] II(b). The license issued shall entitle the licensee to serve beverages and wines and similar vinous liquors or fruit juices containing at least 1/2 percent and not over 24 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container, and by the bottle if the cap or cork is removed, for consumption on the premises designated by the commission.

2 On-Premises Beverage and Liquor Licenses; Reference Changed. Amend RSA 178:21, I(a) to read as follows:

(a) The commission may issue a license to any of the types of businesses specified in paragraph II of this section in any town which has voted to accept the provisions of RSA 663:5, [I(b), (c), and (d)] II(b). The license shall entitle the licensee to serve beverages containing at least 1/2 percent and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit by the glass or other suitable container and by the bottle with the cork or cap removed; liquor containing more than 6 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container; and wines, by the glass, by the bottle with the cork or cap removed; or other suitable container, under rules adopted by the commission.

3 On-Premises Cocktail Lounge Licenses; Reference Changed. Amend RSA 178:22, I to read as follows:

I. The commission may issue a license to the types of businesses listed in RSA 178:22, V in any town which has voted to accept the provisions of RSA 663:5, [I(b), (c), and (d)] II(b). The license issued shall entitle the licensee to serve beverages, by the glass, by the bottle with cap removed or in any other suitable container, wines by the glass, by the bottle with the cork or cap removed or in any other suitable container, or liquor by the glass or other suitable container.

4 Petition to Revoke License. Amend RSA 179:57, I-a to read as follows:

I-a. Notwithstanding any other provision of law, the commission may accept at any time, a petition from the governing body of a city or town [who has voted to accept the provisions of RSA 663:5, I(b), (c) and (d),] to revoke a license to sell alcoholic beverages held by a licensee who is located within that community. Any petition filed under this paragraph shall state with particularity all relevant facts and circumstances that sustain the opinion of the petitioner to revoke a license. A licensee against whom a petition is filed shall be entitled to a public hearing before any decision by the commission. All proceedings conducted in conjunction with this paragraph shall conform to the requirements of RSA 541-A.

5 Questions to Voters; Liquor Sales. RSA 663:5 is repealed and reenacted to read as follows:

663:5 Question; Vote; Results.

I. In accordance with the provisions of RSA 541-A, the liquor commission may issue licenses to sell, manufacture, or distribute beverage, wine, and liquor in any city or town which voted to allow liquor sales before July 1, 2005, unless the voters of the city or town vote to restrict the commission’s authority pursuant to this section.

II. Upon petition of not less than 5 percent of the legal voters of any city or town filed with the secretary of state not earlier than the first Wednesday after the first Tuesday in August and no later than the first Friday in September before a state general election, the following questions shall be submitted to the voters of such city or town on the usual ballot at such state election:

(a) “Shall state stores or agency liquor stores operated or licensed by the state liquor commission be permitted in this city or town?”

(b) “Shall the state liquor commission be permitted, at its discretion, to issue licenses to sell, manufacture, or store beverage, wine, or liquor within this city or town?”

III. If a majority of the qualified voters present and voting in a city or town signifies the disapproval of question II(a), the commission shall not operate or license state liquor stores or agency stores in that city or town.

IV. If a majority of the qualified voters present and voting in a city or town signifies the approval of question II(a), the commission may at its discretion operate state liquor stores in that city or town.

V. If a majority of the qualified voters present and voting in a city or town signifies the disapproval of question II(b), the commission shall not issue licenses in that city or town.

VI. If a majority of the qualified voters present and voting in a city or town signifies approval of question II(b), the commission may at its discretion issue licenses for the sale of beverages, wine, or liquor in that city or town.

6 Effective Date. This act shall take effect July 1, 2005.

Links

SB161 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB161 Revision: 9215 Date: Jan. 21, 2010, midnight

Docket