Revision: Dec. 14, 2015, midnight
\t \t\tHB 1211 - AS INTRODUCED
2016 SESSION
\t16-2088
\t03/01
HOUSE BILL\t1211
AN ACT\trelative to requirements for certain alcoholic beverage licenses.
SPONSORS:\tRep. Fromuth, Hills. 7; Rep. Schleien, Hills. 37
COMMITTEE:\tCommerce and Consumer Affairs
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ANALYSIS
\tThis bill eliminates restrictions on obtaining a liquor license and being employed by a licensee based on felony convictions and character.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2088
\t03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to requirements for certain alcoholic beverage licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 License Qualifications. Amend RSA 178:3, VII(b) to read as follows:
\t\t\t (b) The applicant and any person listed pursuant to subparagraph V(b) are at least 21 years of age [and of sufficiently good character to leave no substantial doubt that the proposed business shall be operated in strict accordance with all applicable state and federal alcoholic beverage control laws and rules].
\t2 Person in Charge. Amend RSA 179:23, IV to read as follows:
\t\tIV. Each licensee shall designate one or more persons to be in charge of the premises. Each designated person in charge shall file an affidavit with the commission attesting to the fact such person is 18 years of age or older [and has not been convicted of a felony]. For the purposes of this section, any corporate officer or member of a limited liability company shall be deemed to be a person in charge of the licensed premises. For the purposes of this section, any person designated as a person in charge by a licensee shall be considered so designated for all licenses held by the licensee. The commission shall maintain records of all affidavits filed by licensees.
\t3 Penalties. Amend RSA 179:57, I to read as follows:
\t\tI. The commission shall cause frequent inspections to be made of all the premises with respect to which any license has been issued under the provisions of this title. If any licensee violates any of the provisions of law or any of the rules of the commission adopted under this title or fails to superintend in person or through a manager approved by the commission the business for which the license was issued or allows the premises with respect to which the license was issued to be used for any unlawful purposes [or knowingly designates to be in charge of the premises any person who has been convicted of a felony, unless the person has been approved by the commission pursuant to RSA 179:23, V,] or otherwise fails to carry out in good faith the purposes of this title or if the premises are regularly the site of violence the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36. Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $5,000 for any one offense. Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.
\t4 Repeal. The following are repealed:
\t\tI. RSA 178:3, VI, relative to prohibiting persons convicted of felonies.
\t\tII. RSA 178:3, VII(e), relative character of managers.
\t\tIII. RSA 178:4, relative to exception for persons convicted of felonies.
\t\tIV. RSA 179:23, V-VI, relative to approval of employees convicted of felonies.
\t5 Effective Date. This act shall take effect January 1, 2017.