SB86 (2005) Detail

Permitting on-site samples and retail sales by liquor manufacturer licensees.


CHAPTER 223

SB 86 – FINAL VERSION

03/31/05 0903s

25May2005… 1480h

2005 SESSION

05-0970

03/09

SENATE BILL 86

AN ACT permitting on-site samples and retail sales by liquor manufacturer licensees.

SPONSORS: Sen. Odell, Dist 8; Sen. Flanders, Dist 7; Rep. Reardon, Merr 11; Rep. Hunt, Ches 7

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill permits liquor manufacturer licensees to sell liquor at retail for off-premises consumption. This bill requires the licensee to report the sales to the commission and establishes a tax on the sales.

This bill also permits liquor manufacturer licensees to provide samples to visitors at its facility.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/31/05 0903s

25May2005… 1480h

05-0970

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT permitting on-site samples and retail sales by liquor manufacturer licensees.

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

223:1 Liquor Manufacturer License. Amend RSA 178:6 to read as follows:

178:6 Liquor Manufacturer License.

I. A liquor manufacturer licensee may ferment, distill, blend, age, and bottle liquor other than wine in this state. A liquor manufacturer licensee may sell the liquor it manufactures to the commission for resale in this state.

II. No liquor manufactured, blended, or bottled in this state by any manufacturer shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.

III. Each liquor manufacturer distilling less than 5,000 cases of liquor per year shall have the right to sell at retail at its facility for off-premises consumption any of its liquor. Each retail sale shall be limited to one 9-liter case or less per sale. No liquor manufacturer shall sell more than 12 9-liter cases of liquor to any one customer in any calendar year.

IV. A liquor manufacturer may provide to visitors at its facility samples of liquor for tasting. Samples shall not exceed ½ ounce, and shall not be provided to any persons under 21 years of age.

V. Notwithstanding paragraph III, no liquor manufacturer shall sell at its facility any of its liquor to on-premises licensees.

VI. Each liquor manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under paragraph III and shall pay to the commission monthly a fee equal to 8 percent of such sales on or before the tenth day of the month following the sale.

VII. The commission shall adopt rules, pursuant to RSA 541-A, relative to reports of liquor manufacturers under paragraph VI.

[III.] VIII. Each liquor manufacturer shall have the right to transport the liquor it manufactures, blends, or bottles in bottles or other closed containers to the state border for transportation and sale outside the state to holders of a United States basic permit issued under the Federal Alcohol Administration Act.

223:2 Effective Date. This act shall take effect upon its passage.

(Approved: July 5, 2005)

(Effective Date: July 5, 2005)