CHAPTER 165
HB 276-FN – FINAL VERSION
2011 SESSION
03/01
HOUSE BILL 276-FN
AN ACT relative to wine manufacturers.
SPONSORS: Rep. S. Palmer, Hills 6; Rep. Kappler, Rock 2; Rep. Willette, Hills 6; Rep. Sad, Ches 2
COMMITTEE: Commerce and Consumer Affairs
This bill permits wine manufacturers to sell wine at annual fairs or similar events. This bill also eliminates the requirement that wine provided as samples by a wine manufacturer be purchased from the liquor commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0327
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to wine manufacturers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
165:1 Wine Manufacturer License; Retail Sales. Amend RSA 178:8, III to read as follows:
III. Each wine manufacturer shall have the right to sell at retail or wholesale at its winery for off-premises consumption any of its wines. Visitors at said premises may be provided with reasonable samples of wine for tasting. Pursuant to rules adopted by the commission, a wine manufacturer may transport its products to a farmers’ market or a wine festival licensed under RSA 178:31, and may sell such products at retail in the original container.
165:2 Fees; Wine Festival License. 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
Wine Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
165:3 New Section; Wine Festival Licenses. Amend RSA 178 by inserting after section 30 the following new section:
178:31 Wine Festival Licenses.
I. The commission may issue a supplemental wine festival license to the holder of a wine manufacturer license. The commission may also issue a wine festival license to a responsible person representing a voluntary nonprofit group or such group’s designee. Notwithstanding any other provisions of law, the holder of a license under this section shall be allowed to organize, advertise, and hold an event not exceeding 3 days in length, promoting the products of the beverage industry. The provisions of RSA 178:22, I, III, and IV shall apply to any license issued under this section. The sales and services of alcoholic beverages shall be in a clearly defined area. Applications for a license under this section shall be filed with the commission 15 working days before the date on which the license is needed.
II. For purposes of regulation, any person issued a license under paragraph I shall be subject to all applicable statutory provisions and rules adopted under this title, except as directed by this section. Any violations committed by a supplemental licensee shall be considered violations against the applicant’s annual or seasonal license.
III. No alcohol other than wine shall be served under this license.
IV.(a) No license shall be issued under paragraph I unless the applicant obtains:
(1) Official approval of the chief of the local fire department as to the safety of the location; and
(2) Official approval of the local health department concerning sanitary conditions; and
(3) Official approval of the local police department as to the accessibility and public safety of the location and the event.
(b) Written statements from such officials shall accompany the application for a license issued under paragraph I. The selectmen, city council, city manager, or town administrator may at their discretion, assign police officers to the location of the event where alcoholic beverages are served.
V. Notwithstanding any other provision of law, the commission or its investigators may suspend, without warning, any license issued under paragraph I, if in their opinion, such continued sale or service of alcoholic beverages is contrary to the public interest.
165:4 Wine Samples. Amend RSA 179:44, III to read as follows:
III. Liquor, beverage, or wine samples shall be consumed on the premises, and, except for wine samples provided by wine manufacturers, liquor or wine for this purpose shall be purchased from the commission under conditions prescribed by this title. Beverage samples for a tasting shall only be obtained as prescribed by this title.
165:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 14, 2011
Effective Date: August 13, 2011