Bill Text - HB1236 (2012)

Relative to ownership and operation of liquor licensees.


Revision: Dec. 14, 2011, midnight

HB 1236-FN – AS INTRODUCED

2012 SESSION

12-2513

03/10

HOUSE BILL 1236-FN

AN ACT relative to ownership and operation of liquor licensees.

SPONSORS: Rep. Warden, Hills 7; Rep. Burt, Hills 7; Rep. Simmons, Hills 17; Rep. Greazzo, Hills 17; Rep. Maltz, Hills 27; Rep. Hikel, Hills 7; Rep. Ball, Hills 9; Rep. Lambert, Hills 27

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill allows beverage manufacturers, nano breweries, and brew pubs to obtain up to 5 on-premises licenses.

This bill also repeals certain employment and business interest restrictions on liquor licensees.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2513

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to ownership and operation of liquor licensees.

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

1 Beverage Manufacturer; On-Premises Licenses. Amend RSA 178:12, II to read as follows:

II. The holder of a beverage manufacturer license may be issued [one] up to 5 on-premises [license] licenses for the manufacturer’s premises, providing all requirements of the license are fulfilled. The annual fee for each license issued under this section shall be as required under RSA 178:29. The holder of a beverage manufacturer license may operate up to 5 on-premises locations under the same name and license and the annual fee shall not exceed the annual fee for a single location.

2 New Paragraph; Nano Brewery; On-Premises Licenses. Amend RSA 178:12-a by inserting after paragraph IV the following new paragraph:

V. The holder of a nano brewery license may be issued up to 5 on-premises licenses for the nano brewery’s premises, providing all requirements of the license are fulfilled. The holder of a nano brewery license may operate up to 5 on-premises locations under the same name and license and the annual fee shall not exceed the annual fee for a single location.

3 New Paragraph; Brew Pub; On-Premises Licenses. Amend RSA 178:13 by inserting after paragraph V the following new paragraph:

VI. The holder of a brew pub license may be issued up to 5 on-premises licenses for the brew pub’s premises, providing all requirements of the license are fulfilled. The holder of a brew pub license may operate up to 5 on-premises locations under the same name and license and the annual fee shall not exceed the annual fee for a single location.

4 Reference Deleted. Amend RSA 179:11, IV-a to read as follows:

IV-a. Notwithstanding [RSA 179:11, IV or] any other provision of this chapter, a beverage manufacturer or beverage vendor may participate in a limited partnership as defined in RSA 304-B with a wholesale distributor in which the beverage manufacturer or beverage vendor is a limited partner and the wholesale distributor is a general partner. The duration of any such limited partnership arrangement shall not exceed 10 years.

5 Reference Changed. Amend RSA 179:11, VI to read as follows:

VI. The provisions of paragraphs [IV] IV-a through V shall also apply to liquor and wine manufacturers, liquor and wine vendors, and liquor and wine representatives.

6 Repeal. RSA 179:11, III-IV, relative to prohibited employment and business interest, are repealed.

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

LBAO

12-2513

11/15/11

HB 1236-FN - FISCAL NOTE

AN ACT relative to ownership and operation of liquor licensees.

FISCAL IMPACT:

      The Liquor Commission states this bill will decrease state 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 allows beverage manufacturers and breweries to obtain up to 5 on-premises locations under the same name and license, and the annual fee shall not exceed the annual fee for a single location. The Commission states revenue will decrease by an indeterminable amount due to allowing up to 5 locations to be under a single license, instead of requiring a license for each location. The exact fiscal impact cannot be determined at this time.