HB1500 (2012) Detail

Relative to on-premises liquor licenses.


HB 1500-FN – AS INTRODUCED

2012 SESSION

12-2549

03/09

HOUSE BILL 1500-FN

AN ACT relative to on-premises liquor licenses.

SPONSORS: Rep. Schroadter, Rock 12

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill simplifies the licensing of and requirements for on-premises liquor licenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2549

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to on-premises liquor licenses.

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

1 Reference Changed. Amend RSA 78-A:3, X(c)(7) to read as follows:

(7) Meals prepared and sold by nonprofit organizations other than educational institutions. However, if the nonprofit organization is required to have a license issued by the liquor commission other than licenses issued pursuant to RSA [178:22, V(l)] 178:20, IV(a) for 3 or fewer days per year, the meals are taxable meals;

2 Reference Changed. Amend RSA 175:1, XII-a to read as follows:

XII-a. “Brew pub” means a manufacturer of beer or specialty beer, not exceeding 2,500 barrels annually, which as a functional part of its business, maintains a full service restaurant serving the beer it manufactures as well as other beverage and liquor as allowed by RSA 178:21, [II(a)(1) and RSA 178:22, V(q)] I.

3 Reference Changed. Amend RSA 178:13, II to read as follows:

II. A brew pub licensee may sell beer manufactured on the premises to individuals for on-premises and off-premises consumption and to New Hampshire licensed retailers and wholesalers. A brew pub shall maintain a full service restaurant and may subsequently serve beverage and liquor as permitted by RSA 178:21, [II(a)(1), RSA 178:22, V(e)(2), and RSA 178:22, V(q)] I.

4 On-Premises Beverage and Wine Licenses. Amend RSA 178:20, II to read as follows:

II. The commission may authorize bed and breakfasts [with suitable cooking and dining areas], dining cars, vessels [serving food], restaurants, and outlets of the New Hampshire Fair Association who are members in good standing to serve beverages and wines in any areas approved by the commission [at such times as food is available]. [New Hampshire Fair Association outlets shall not be subject to reduced fees as provided by RSA 178:29.]

5 On-Premises Beverage and Liquor Licenses. RSA 178:21 is repealed and reenacted to read as follows:

178:21 On-Premises Beverage and Liquor Licenses.

I. The commission may issue a license to any of type of business in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). The license shall entitle the licensee to serve beverages containing at least 1/2 percent and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit by the glass or other suitable container and by the bottle with the cork or cap removed; liquor containing more than 6 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container; and wines, by the glass, by the bottle with the cork or cap removed; or other suitable container, under rules adopted by the commission.

II. No beverage or liquor shall be consumed on the premises except that which is sold by the licensee.

III. No beverage or liquor shall be removed from the licensed premises by patrons, except as provided by RSA 179:27-a.

IV.(a) Notwithstanding the provisions of RSA 178:2, I, the commission may issue a one day license to any responsible individual representing a voluntary nonprofit group or organization approved by the commission. Such license shall authorize the licensee to sell, on premises approved by the commission, beverages and liquor on the approved premises.

(b) No license shall be issued under subparagraph (a) unless the organization’s representative obtains:

(1) Official approval of the chief of the local fire department as to the safety of the premises.

(2) Official approval of the local health department concerning sanitary accommodations.

(3) Official approval of the chief of police as to accessibility of the premises.

Written statements from such officials shall accompany the application for the license. Such application shall be filed with the commission 15 days before the date on which the license is needed.

(c) No person under the age of 18 shall be allowed in those areas where liquor and beverages are served, unless accompanied by a parent, legal guardian, or adult spouse. The selectmen of the town in which such licenses are held may, at their discretion, assign police officers to the premises where liquor or beverages are being served.

(d) No license shall be issued under subparagraph (a) for premises holding other licenses issued by the commission. Notwithstanding any other provision of law, the commission or its investigators may suspend without warning any license issued under subparagraph (a) if, in their opinion, such sale of liquor and beverages is contrary to the public interest.

6 Reference Deleted. Amend RSA 178:23, I to read as follows:

I. The commission may issue seasonal retail licenses to persons who are otherwise eligible for an on-premises license under RSA 178:21 [or RSA 178:22], an off-premises license under RSA 178:18, or a license under RSA 178:19 or RSA 178:20. Seasonal licenses shall be issued under the same terms and conditions as annual licenses, but shall be effective for 6 months.

7 Fees; On-Premises Licenses. RSA 178:29, I is repealed and reenacted to read as follows:

I. On-premises licensees shall pay the following applicable fees annually:

(a) On-Premises License:

(1) Beverages and Wine $480

(2) Beverages and Liquor $840

(b) One day License $100

(c) Beer Festival:

(1) One-day $250

(2) Two-day $300

(3) Three-day $350

(d) Wine Festival

(1) One-day $ 250

(2) Two-day $ 300

(3) Three-day $ 350

(e) Tobacco Retailer $ 840

8 Reference Changed. Amend RSA 178:30, I to read as follows:

I. The commission may issue a supplemental beer festival license to the holder of a beverage manufacturer license, brew pub license, wholesale distributors license, beverage vendor license, on-premises license, or off-premises license. The commission may also issue a beer 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] 178:21, I, II, and III 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.

9 Reference Changed. Amend RSA 178:31, I to read as follows:

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] 178:21, I, II, and III 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.

10 Repeal. The following are repealed:

I. RSA 175:1, IV, relative to alpine slides.

II. RSA 175:1, V, relative to ballrooms.

III. RSA 175:1, XI-b, relative to billiards/pool halls.

IV. RSA 175:1, XII, relative to bowling facilities.

V. RSA 175:1, XIV-a, relative to caterers.

VI. RSA 175:1, XV, relative to caterers-off site.

VII. RSA 175:1, XVI, relative to catering facilities-on site.

VIII. RSA 175:1, XVIII, relative to clubs-college or university.

IX. RSA 175:1, XIX, relative to club members.

X. RSA 175:1, XX, relative to clubs-military.

XI. RSA 175:1, XXI, relative to clubs-social.

XII. RSA 175:1, XXII, relative to clubs-veterans.

XIII. RSA 175:1, XXVI, relative to convention centers.

XIV. RSA 175:1, XXXIV, relative to function rooms.

XV. RSA 175:1, XXXV, relative to golf facilities.

XVI. RSA 175:1, LII, relative to performing arts facilities.

XVII. RSA 175:1, LIV-a, relative to private clubs.

XVIII. RSA 175:1, LVII, relative to racquet sport facilities.

XIX. RSA 175:1, LVIII, relative to rail cars.

XX. RSA 175:1, LXIII, relative to service bars-portable.

XXI. RSA 175:1, LXIV, relative to ski facilities-downhill.

XXII. RSA 175:1, LXIV-b, relative to sports/entertainment complexes.

XXIII. RSA 175:1, LXIV-c, relative to sports recreation facility.

XXIV. RSA 178:22, relative to on-premises cocktail lounge licenses.

11 Effective Date. This act shall take effect July 1, 2012.

LBAO

12-2549.0

11/29/11

HB 1500-FN - FISCAL NOTE

AN ACT relative to on-premises liquor licenses.

FISCAL IMPACT:

      The Liquor Commission states this bill will decrease state revenue by an indeterminable amount in FY 2013 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 makes changes to the licensing of and requirements for on-premise liquor licenses. The Commission states this bill will impact approximately 890 licensees. The Commission states this bill will decrease revenue by an indeterminable amount due to the removal of the cocktail lounge category of license and will require some existing licensees to change their business model by having to serve food where they are not now doing so. The Commission estimates licensing revenue may decrease between $500,000 and $1,000,000 with the potential of additional revenue decreases of an indeterminable amount resulting from less alcohol being sold by licensees.

Links

HB1500 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1500 Revision: 21503 Date: Dec. 14, 2011, midnight

Docket