Revision: Jan. 16, 2009, midnight
2009 SESSION
03/01
HOUSE BILL 392-FN
AN ACT establishing a cigar bar liquor license.
SPONSORS: Rep. Hunt, Ches 7; Rep. Butler, Carr 1
COMMITTEE: Commerce and Consumer Affairs
This bill allows smoking in cigar bars where 60 percent of total business income is derived from cigar-related products and establishes a cigar bar cocktail lounge license.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0643
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a cigar bar liquor license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definition Added. Amend RSA 155:65 by inserting after paragraph I the following new paragraph:
I-a. “Cigar bar” means an establishment that occupies exclusively an enclosed indoor space that is engaged in the retail sale of cigar products for consumption on the premises, or other legally acceptable places, and derives revenue from the sale of food, alcohol, and other beverages for consumption on the premises, prohibits entry to a person under the age of 18, and holds a tobacco retailers license as required by RSA 178:19-a.
2 New Paragraph; Indoor Smoking Act; Exemption Added. Amend RSA 155:67 by inserting after paragraph XI the following new paragraph:
XII. Cigar bars where more than 60 percent of total business income is derived from cigar-related products.
3 New Paragraph; Written Policies. Amend RSA 155:68 by inserting after paragraph IV the following new paragraph:
V. Written policies requiring employers to have all employees working in cigar bars sign a form which clearly states the potential dangers of inhaling second-hand smoke and that the employee chooses to work in such cigar bar. Such forms shall be kept on file with the employee’s records. Any employer who fails to comply with this paragraph shall be subject to the penalty under RSA 155:76.
4 New Paragraph; Definition Added. Amend RSA 175:1 by inserting after paragraph XVI-a the following new paragraph:
XVI-b. “Cigar bar” means an establishment that occupies exclusively an enclosed indoor space that is engaged in the retail sale of cigar products for consumption on the premises, or other legally acceptable places, and derives revenue from the sale of food, alcohol, and other beverages for consumption on the premises, prohibits entry to a person under the age of 18, and holds a tobacco retailers license as required by RSA 178:19-a.
5 New Subparagraph; Cocktail Lounge Licenses; Cigar Bar. Amend RSA 178:22, V by inserting after subparagraph (v) the following new subparagraph:
(w) Cigar Bars. The commission may issue a cocktail lounge license to any operator of a cigar bar or its designee. The license shall allow the licensee to serve liquor and beverages to patrons in designated drinking areas as approved by the commission.
6 On-Premises License Fees. Amend RSA 178:29, I to read as follows:
I. On-premises licensees shall pay the following applicable fees annually:
Supplemental Beverages Beverages Cocktail
Only and Wine and Liquor Lounge
Airport $1,200
Ballroom $ 45 $1,200
Bed and Breakfast $ 480 $ 840
Beer Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
Catering (all) $1,200
Catering (off-site only) $ 840
Catering (on-site only)
18 events- $ 5
36 events- $ 5
52 events- $ 5
Cigar Bar $1,280
Club Military $ 100
Club Social
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
Club Private $1,200
Club Veterans
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
College Club $1,200
Convention Center $2,400
Dining Car $ 480 $ 840
Fairs $ 112
Hotel $ 840 $1,200
One day License $ 100
Performing Arts $ 360
Racetrack/Motor Vehicle $1,800
Racetrack/Pari-Mutuel $3,000
Rail Cars $1,200
Restaurant $ 480 $ 840 $1,200
Special License $ 25
Sports/Entertainment Complex $1,800
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
Sports Recreation Facility $1,200
Vessel $ 480 $ 840 $1,200
7 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0643
01/13/09
HB 392-FN - FISCAL NOTE
AN ACT establishing a cigar bar liquor license.
FISCAL IMPACT:
The Liquor Commission states this bill may increase state general fund revenue by an indeterminable amount in FY 2010 and each year thereafter. There is no fiscal impact on county and local revenue or state, county, and local expenditures.
METHODOLOGY:
The Liquor Commission states this bill allows smoking in cigar bars where 60 percent of total business income is derived form cigar-related products and establishes a cigar bar cocktail lounge license of $1,280 per license. The Commission states it has no information to determine how many individuals would seek this license and can not determine the increase in revenue that would be realized.