Bill Text - HB1503 (2010)

Establishing a liquor license review board.


Revision: Dec. 10, 2009, midnight

HB 1503-FN – AS INTRODUCED

2010 SESSION

10-2562

03/01

HOUSE BILL 1503-FN

AN ACT establishing a liquor license review board.

SPONSORS: Rep. R. Holden, Hills 7; Rep. Eaton, Ches 2; Rep. Infantine, Hills 13; Rep. Kidder, Merr 1

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill establishes a liquor license review board to conduct hearings in certain cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2562

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT establishing a liquor license review board.

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

1 New Section; Enforcement Proceedings and Penalties; Liquor License Review Board. Amend RSA 179 by inserting after section 57 the following new section:

179:57-a Liquor License Review Board.

I. Any person whose license has been revoked or suspended by the commission may request a rehearing pursuant to RSA 541 and may elect to have the rehearing conducted by the liquor license review board. The liquor license review board shall conduct a de novo review of all matters before it. Decisions of the liquor license review board shall be binding on the petitioner and the commission.

II. There is hereby established a liquor license review board. The board shall consist of one member appointed by the commission to represent the interests of law enforcement and 4 members appointed by the governor as follows: one on-premises licensee, one off-premises licensee, one wholesale distributor licensee, and one liquor and wine vendor licensee. Each member shall serve for 2 years and until a successor is appointed and qualified. The members of the board shall receive no compensation and shall not be entitled to reimbursement for expenses but shall be entitled to reimbursement for mileage at the same rate provided for state employees.

2 Effective Date. This act shall take effect January 1, 2011.

LBAO

10-2562

11/23/09

HB 1503-FN - FISCAL NOTE

AN ACT establishing a liquor license review board.

FISCAL IMPACT:

      The Liquor Commission states this bill may increase liquor fund expenditures and decrease state general fund revenue by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on county and local expenditures or revenue.

METHODOLOGY:

    The Liquor Commission states this bill establishes a liquor license review board. The Commission states a de novo hearing will require a completely new hearing. The Commission assumes this bill will result in more hearings as licensees will want to have a hearing conducted by the liquor license review board, which is comprised of members of the industry. The Commission states there will be an indeterminable increase in the time and costs associated with the de novo hearings. Additionally, the Commission may have increased costs associated with providing administrative assistance to the liquor license review board. The Commission does not know how many de novo hearings will be held or what type, if any, administrative support it would need to provide the board to determine the exact fiscal impact of this bill on its expenditures. An increase in Liquor Commission expenditures may result in a decrease in funds transferred to the state general fund.