Revision: June 6, 2009, midnight
HB 392-FN – VERSION ADOPTED BY BOTH BODIES
18Feb2009… 0286h
09Apr2009… 1147h
05/13/09 1629s
2009 SESSION
03/01
HOUSE BILL 392-FN
AN ACT establishing an on-premises cigar, beverage, and liquor license.
SPONSORS: Rep. Hunt, Ches 7; Rep. Butler, Carr 1
COMMITTEE: Commerce and Consumer Affairs
This bill establishes an on-premises cigar, beverage, and liquor 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18Feb2009… 0286h
09Apr2009… 1147h
05/13/09 1629s
09-0643
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing an on-premises cigar, beverage, and liquor license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; On-Premises Cigar, Beverage, and Liquor Licenses. Amend RSA 178 by inserting after section 20 the following new section:
178:20-a On-Premises Cigar, Beverage, and Liquor Licenses.
I. The commission may issue a license to a person who operates a cigar bar as defined in this section and who holds a tobacco retailers license under RSA 178:19-a in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). 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; specialty beer in any suitable container; 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.
II. In this section, “cigar bar” means a business that:
(a) Generates 60 percent or more of its quarterly gross revenue from the sale of cigar-related products, which is limited to cigars, humidors, cigar cutters, cigar cases, lighters, and ashtrays. Mail order and Internet sales, as well as revenue generated from other tobacco sales in store, including cigarettes and loose tobacco sales, shall not be used to determine whether an establishment satisfies the definition of a cigar bar.
(b) Has a humidor on the premises.
(c) Does not allow minors to enter the premises.
(d) Does not allow cigarette smoking or service of food on the premises.
III. No beverage or liquor shall be consumed on the premises except that which is sold by the licensee.
IV. All applicants for employment at a cigar bar shall be presented with a written notice that states that working in a cigar bar has serious and permanent negative health effects, including, but not limited to, an increased risk of cancer and heart disease, and that no level of exposure to second-hand smoke is safe.
2 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
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
Tobacco Retailer $840
Vessel $ 480 $ 840 $1,200
3 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0643
Amended 04/20/09
HB 392 FISCAL NOTE
AN ACT establishing an on-premises cigar, beverage, and liquor license.
FISCAL IMPACT:
The Liquor Commission states this bill, as amended by the House (Amendment #2009-1147h), 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 from cigar-related products and establishes a cigar bar cocktail lounge license of $840 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.