Bill Text - HB1172 (2012)

(New Title) authorizing nano brewery, beverage manufacturer, and brew pub licensees to sell their products at farmers’ markets and establishing an alcohol consultant license.


Revision: May 22, 2012, midnight

HB 1172 – VERSION ADOPTED BY BOTH BODIES

7Mar2012… 0989h

17May2012… 2308EBA

2012 SESSION

12-2196

03/04

HOUSE BILL 1172

AN ACT authorizing nano brewery, beverage manufacturer, and brew pub licensees to sell their products at farmers’ markets and establishing an alcohol consultant license.

SPONSORS: Rep. Schlachman, Rock 13; Rep. Pratt, Hills 7; Rep. Warden, Hills 7; Rep. Lovejoy, Rock 13; Sen. Prescott, Dist 23

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill authorizes nano brewery, beverage manufacturer, and brew pub licensees to sell their products at farmers’ markets. This bill also establishes an alcohol consultant 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2012… 0989h

17May2012… 2308EBA

12-2196

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT authorizing nano brewery, beverage manufacturer, and brew pub licensees to sell their products at farmers’ markets and establishing an alcohol consultant license.

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

1 New Paragraph; Nano Brewery; Farmers’ Markets. Amend RSA 178:12-a by inserting after paragraph IV the following new paragraph:

V. A nano brewery licensee may transport its products to a farmers’ market, and may sell such products at retail in the original container.

2 New Paragraph; Beverage Manufacturer; Farmers’ Markets. Amend RSA 178:12 by inserting after paragraph IV the following new paragraph:

IV-a. A holder of a beverage manufacturer license may transport its products to a farmers’ market, and may sell such products at retail in the original container.

3 New Paragraph; Brew Pub; Farmers' Markets. Amend RSA 178:13 by inserting after paragraph V the following new paragraph:

VI. A brew pub licensee may transport its products to a farmers’ market, and may sell such products at retail in the original container.

4 New Section; Alcohol Consultant. Amend RSA 178 by inserting after section 27 the following new section:

178:27-a Alcohol Consultant.

I. The commission may issue an alcohol consultant license for the purpose of education directly to consumers over 21 years of age and soliciting orders for the sale of alcoholic beverages tasted during an educational event at a residence. No alcohol consultant shall deliver or provide alcoholic beverages for sale during an educational event.

II. All wine or liquor used for educational events shall be purchased from the liquor commission at retail or from an in-state manufacturer. All beverages used for educational events shall be purchased from a licensed wholesale distributor. Any beer, wine, or liquor not available in New Hampshire may be obtained from a direct shipper who holds a valid direct shipper permit.

III. An alcohol consultant may provide wine samples of no more than 2 ounces per person for each bottle sampled, beer samples of not more than 4 ounces per person, and liquor samples of not more than 0.5 ounces per person. An alcohol consultant may provide samples from up to 6 bottles of wine or liquor or 12 bottles of beer at each educational event.

IV. Alcohol consultants shall remove all unused product from the premises after the educational event.

V. A copy of the alcohol consultant license shall be in any vehicle transporting alcoholic beverages to or from an educational event.

VI. Alcohol consultants shall register each educational event with the liquor commission-division of enforcement and licensing. The commission shall adopt rules, pursuant to RSA 541-A, relative to:

(a) The registration procedures and required information to ensure that consumers are over 21 years of age.

(b) The signature form or other identification procedures to be used by an alcohol consultant to ensure compliance with RSA 179:5 and 178:27.

VII. Any person holding an alcohol consultant license under this section who serves or permits or allows to be served alcoholic beverages to a person under 21 years of age shall be guilty of a class B felony and shall have such license permanently revoked.

VIII. Alcohol consultants shall maintain records for at least 3 years in a manner which will permit the commission to ascertain the truthfulness of the information filed and permit the commission to perform an audit of filings upon reasonable request.

5 New Subparagraph; Fees; Alcohol Consultant. Amend RSA 178:29, V-b by inserting after subparagraph (b) the following new subparagraph:

(c) The annual alcohol consultant fee shall be $100 or, if the alcohol consultant is an agent of a direct shipper, $25.

6 Effective Date. This act shall take effect 60 days after its passage.

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