HB 432-FN – AS AMENDED BY THE SENATE
02Jan2008… 2519h
02Jan2008… 2008-0035h
19Mar2008… 0895h
05/08/08 1598s
05/08/08 1683s
05/08/08 1756s
2007 SESSION
03/10
HOUSE BILL 432-FN
AN ACT relative to certain on-premises beverage and liquor licenses.
SPONSORS: Rep. Velez, Hills 12; Rep. Jeudy, Hills 10
AMENDED ANALYSIS
This bill establishes a minimum seating ratio for restaurants operating cocktail lounges and modifies the food sales required for the exemption from the 50 percent food sales requirement. This bill also requires liquor commission approval for live entertainment and standing and seating capacity in cocktail lounges.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2519h
02Jan2008… 2008-0035h
19Mar2008… 0895h
05/08/08 1598s
05/08/08 1683s
05/08/08 1756s
07-0288
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to certain on-premises beverage and liquor licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 On-Premises Beverage and Liquor Licenses; Full Service Restaurants. Amend RSA 178:21, II(a)(1) to read as follows:
(a)(1) Licenses for Full Service Restaurants. The commission may issue a license to any full service restaurant. Such license shall entitle the licensee to sell beverages and liquor at tables in the approved dining rooms of the restaurant with or without meals when the restaurant kitchen is in operation and meals are being actively promoted and served in that dining room. The dining room shall not, however, be used as a substitute for lounge operations. Licenses shall be granted only to restaurants approved by the commission and which show the commission on forms, filed with the license application, covering the 12 most recent calendar months prior to filing, that at least 50 percent of the gross sales of any such licensee is in food. Restaurants with seating for 50 and under with annual food sales of at least [$75,000] $50,000, seating for 75 and under with annual food sales of at least $75,000, seating for 100 and under with annual food sales of at least $100,000, and seating for 100 or more with annual food sales of at least $150,000, or at least $75,000 if a restaurant is open less than 6 months per year, shall be exempt from the 50 percent requirement. The commission shall at least annually review each license, and application for renewal, on the conditions stated in this paragraph.
2 On-Premises Cocktail Lounge Licenses; Full Service Restaurants; Area. Amend RSA 178:22, V(q) to read as follows:
(q) Full Service Restaurants. The commission may issue a cocktail lounge license to any full service restaurant holding a full service restaurant license under RSA 178:21, II(a)(1), to serve liquor and beverages in any room of the restaurant designated by the commission. The cocktail lounge shall be operated in conjunction with the dining rooms. No cocktail lounge shall be operated on days that the dining room is closed. No cocktail lounge shall operate before the dining room opens for meals, except if breakfast and noon meals are not offered, the cocktail lounge may operate 3 hours before the dining room opens for the evening meals. Liquor and beverages served in such room need not be consumed with meals. The commission may extend the cocktail lounge license to include the use of a dining area in the restaurant, after such area has been closed for serving meals, but not before 9:00 p.m., as an overflow area for the cocktail lounge when the lounge is filled to capacity. In the overflow area, liquor and beverages need not be served with meals. Licenses shall be granted only to such restaurants as the commission, at its discretion, shall approve and then only to such restaurants as shall demonstrate to the commission, in the manner prescribed by the commission, that the seating capacity of the cocktail lounge is no greater than 3 times the seating capacity of the dining room and that at least 50 percent of the combined restaurant and lounge and lounge sales shall fall within the category of food. Restaurants with seating for 50 and under with annual food sales of at least [$75,000] $50,000, seating for 75 and under with annual food sales of at least $75,000, seating for 100 and under with annual food sales of at least $100,000, and seating for 100 or more with annual food sales of at least $150,000, or at least $75,000 if a restaurant is open less than 6 months per year, shall be exempt from the 50 percent requirement, and the commission shall prorate the annual food sale requirements for seasonal restaurants. The commission may grant, regulate, suspend, or revoke a cocktail lounge license without affecting any other license granted to such restaurant.
3 New Paragraph; On-Premises Cocktail Lounge Licenses; Seating and Entertainment. Amend RSA 178:22 by inserting after paragraph V the following new paragraph:
VI. The commission, at its discretion, shall approve standing and seating capacity for cocktail lounge licenses. Cocktail lounge licensees may only provide live entertainment if permitted by the commission. The commission may grant, modify, suspend, or revoke an entertainment permit without affecting any other license granted by the commission.
4 Effective Date. This act shall take effect July 1, 2008.
LBAO
07-0288
Amended 05/13/08
HB 432 FISCAL NOTE
AN ACT relative to certain on-premises beverage and liquor licenses.
FISCAL IMPACT:
The Liquor Commission has determined this bill, as amended by the Senate (Amendment #2008-1756s), will have no fiscal impact on state, county and local revenue and expenditures.
METHODOLOGY:
The Liquor Commission has stated this bill corrects a conflict between the commission’s current policy and current law. Current law mandates the license not be issued by the Commission in the event the licensee does not meet the 50% food requirement or the $75,000 food exemption. Current Commission policy provides the licensee up to four years to meet the food requirement.