Bill Text - HB1329 (2016)

Relative to prohibited sales of alcoholic beverages.


Revision: March 8, 2016, midnight

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HB 1329 - AS INTRODUCED

 

2016 SESSION

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HOUSE BILL\t1329

 

AN ACT\trelative to prohibited sales of alcoholic beverages.

 

SPONSORS:\tRep. Zaricki, Hills. 6; Rep. Fisher, Belk. 9

 

COMMITTEE:\tCommerce and Consumer Affairs

 

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ANALYSIS

 

\tThis bill modifies the prohibition on serving alcoholic beverages to an intoxicated person.

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to prohibited sales of alcoholic beverages.

 

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

 

\t1  Prohibited Sales of Alcoholic Beverages.  Amend RSA 179:5, I to read as follows:

\t\tI.(a)  No licensee, salesperson, direct shipper, common carrier, delivery agent, nor any other person, shall knowingly sell or give away or cause or allow or procure to be sold, delivered, or given away any liquor or beverage to a person under the age of 21 or knowingly serve an individual who, [is visibly intoxicated or who a reasonable and prudent person would know is intoxicated] at the time of being served, exhibits 3 or more of the following symptoms:

\t\t\t\t(1)  Eyes glassy/droopy, eyes red/bloodshot.

\t\t\t\t(2)  Slurred speech.

\t\t\t\t(3)  Impaired manual dexterity, including swaying while standing, staggering when walking, or stumbling/falling.

\t\t\t\t(4)  Delayed reaction time.

\t\t\t\t(5)  Inability to answer simple questions or keep a train of thought.

\t\t\t(b) For all deliveries of packages by common carrier or delivery agent marked "alcoholic beverages'' or "alcoholic products,'' the carrier shall obtain an adult signature.  A licensed carrier shall not transport any liquor, wine, or beverage that has been identified by the commission as originating from a person who does not hold a valid New Hampshire direct shipper permit, provided that such identification has first been provided to and received by the licensed carrier in writing.  The commission shall notify carriers by mail on a monthly basis of the identity of unauthorized shippers, which notification shall be effective 15 days after such mailing.

\t2  Effective Date.  This act shall take effect January 1, 2017.