Bill Text - HB262 (2011)

Relative to beverage manufacturers.


Revision: Jan. 26, 2011, midnight

HB 262-FN – AS INTRODUCED

2011 SESSION

11-0118

03/04

HOUSE BILL 262-FN

AN ACT relative to beverage manufacturers.

SPONSORS: Rep. Pratt, Hills 7; Rep. Warden, Hills 7

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill establishes a nano brewery license for businesses that manufacture up to 2,000 barrels of beer or specialty beer annually. This bill also eliminates the quantity restriction on sales by beverage manufacturers to the general public.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0118

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to beverage manufacturers.

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

1 Beverage Manufacturer License. Amend RSA 178:12, IV(a)(2) to read as follows:

(2) The general public for off-premises consumption [in quantities not to exceed a single 15.5 gallon keg or the equivalent of one case of 12 ounce containers per person per day]; or

2 New Section; Nano Brewery License. Amend RSA 178 by inserting after section 12 the following new section:

178:12-a Nano Brewery License.

I. The commission may issue a nano brewery license to a business that manufactures beer or specialty beer, not exceeding, 2,000 barrels annually for sale to the general public or licensees. The license shall entitle the licensee to sell at retail or wholesale only beverages manufactured by the licensee in a public building as defined in RSA 175:1, LV-a. In addition to the annual license fees provided in this section, a fee of $.30 for each gallon of beverage sold or transferred for retail sale or to the public shall be required.

II.(a) The annual fee for each license issued under this section shall be $240.

(b) On or before the tenth day of each month a nano brewery licensee shall pay the license fees as provided by paragraph I covering sales or transfers made during the preceding calendar month.

III.(a) No beverage or liquor shall be served or consumed on the premises except that which is manufactured by the licensee.

(b) The licensee may serve beverages to any visitor of legal drinking age by the glass or other suitable container at such time as food is easily available to such visitors.

(c) For the purpose of this section, food and non-alcoholic beverages may be provided by a properly licensed third party food vendor on or off the premises.

(d) The licensee shall not allow any person under the age of 21 on the premises unless the person is accompanied by a parent, legal guardian, or adult spouse.

IV. A nano brewery licensee shall have the right to transport beverages it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.

3 Effective Date. This act shall take effect July 1, 2011.

LBAO

11-0118

Revised 01/26/11

HB 262 FISCAL NOTE

AN ACT relative to beverage manufacturers.

FISCAL IMPACT:

      The Liquor Commission states this bill may increase state general fund revenue by an indeterminable amount in FY 2012 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 establishes a nano brewery license for businesses that manufacture up to 2,000 barrels of beer or specialty beer annually and eliminates the quantity restrictions on sales by beverage manufacturers to the general public. The Commission states there are only four licensed manufacturers producing less than 2,000 barrels annually. The Commission is not able to determine the number of home brewers who would qualify for a nano brewery license or who would be willing to pay the $240 annual license fee. The Commission is not able to determine by how much revenue might increase as a result of this bill.