SB 475-FN – AS INTRODUCED
2010 SESSION
03/01
SENATE BILL 475-FN
AN ACT relative to alcoholic beverage advertising restrictions.
SPONSORS: Sen. Bragdon, Dist 11; Sen. Reynolds, Dist 2
COMMITTEE: Commerce, Labor and Consumer Protection
This bill modifies various alcoholic beverage advertising restrictions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2903
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to alcoholic beverage advertising restrictions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Alcoholic Beverages; Advertising Restrictions. Amend RSA 179:31, I to read as follows:
I. Advertising or promotion of liquor or beverages by the use of billboards, sound trucks, or outdoor internally illuminated screen displays is prohibited.
2 Alcoholic Beverages; Advertising Restrictions. Amend RSA 179:31, IX to read as follows:
IX. Advertising or promotion of liquor or beverages shall not be inconsistent with the spirit of public health or safety or safe driving.
3 Alcoholic Beverages; Advertising Restrictions. Amend RSA 179:31, XI to read as follows:
XI. [No advertising or promotion shall be done by the use of a billboard. Advertising shall not contain any reference to a “happy hour” except that a “happy hour schedule” may be posted within the licensed premises, not in view of any public way and an on-premises licensee may advertise or promote the holding of a “champagne brunch” or similar package.] Licensees may advertise liquor and beverage prices separately from any other advertisement or promotion.
4 Repeal. The following are repealed:
I. RSA 175:1, XXXVI-a, relative to definition of happy hour.
II. RSA 179:25, relative to sign restrictions.
5 Effective Date. This act shall take effect upon its passage.
LBAO
10-2903
01/06/10
SB 475-FN - FISCAL NOTE
AN ACT relative to alcoholic beverage advertising restrictions.
FISCAL IMPACT:
The Liquor Commission states this bill may have an indeterminable fiscal impact on state revenue, state expenditures, and local expenditures in FY 2011 and each year thereafter. The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on county and local revenue.
METHODOLOGY:
The Liquor Commission states this bill will amend RSA 179:31 dealing with restrictions on advertising of alcoholic beverages. The Commission states this bill may have an indeterminable fiscal impact on liquor expenditures and revenue. The Commission states this bill creates challenges to providing uniform advertising throughout the State. This may result in larger licensees having a pricing advantage over smaller licensees. The Commission states the retail pricing of alcohol has a direct bearing on revenue. The Commission is not able to determine the impact this bill will have on revenue. The Commission also states municipalities may have increased expenditures associated with the code enforcement related to new signage establishments may want to install.
The Judicial Branch states the penalty for violating RSA 179:31 would be a specified misdemeanor if committed by a natural person and a felony if committed by any other person. Misdemeanor charges can be either a class A or class B with the presumption they will be class B in accordance with RSA 625:9,IV. However, the Branch has no information to estimate how many new misdemeanors or felonies would be brought as a result of this bill nor if the misdemeanors would be class A or class B misdemeanors. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The cost of a routine felony case is $335.98 in FY 2011 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000. The Branch states for the period of 1999 through June 30, 2008, no charges were filed in any court for a violation of RSA 179:31, so the Branch does not anticipate this bill having a fiscal impact that exceeds $10,000.
LBAO
10-2903
01/06/10
The Judicial Council states the fiscal impact will be minimal as there has only been a few of these types of cases over the years. The Council states to the extent an unspecified misdemeanor results in a misdemeanor offense where the right to counsel exists this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained, prosecuted or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.
The Department of Justice states any fiscal impact to the Department would be absorbed with existing resources.