Revision: Nov. 13, 2017, 2:52 p.m.
HB 1690-FN - AS INTRODUCED
2018 SESSION
18-2581
08/03
HOUSE BILL 1690-FN
AN ACT relative to liquor licenses.
SPONSORS: Rep. Hunt, Ches. 11
COMMITTEE: Commerce and Consumer Affairs
-----------------------------------------------------------------
ANALYSIS
This bill:
I. Allows certain licensees to serve alcohol in certain areas the licensee operates.
II. Allows for the operation and licensing of liquor festivals.
III. Repeals provisions licensing cocktail lounges in airports and on airships.
This bill is a request of the liquor commission.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2581
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to liquor licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Authorization for Other Areas RSA 178:24 is repealed and reenacted to read as follows:
178:24 Authorization for Other Areas. A business holding a license authorizing the consumption of alcoholic beverages on its licensed premise may petition the commission for permission to extend service for beverages and liquor to any clearly defined area under the control of the licensee. Petitions shall include written plans and diagrams that shall provide detailed information on the proposed extension of alcohol service. Petitions shall also conform to local zoning requirements and include the written approval of local officials. The commission may approve plans submitted by licensees and may add such terms and conditions as it deems appropriate to preserve public health and safety. The commission may deny, in its discretion, any petition under this section which constitutes a risk to public health, safety, or welfare of any community.
2 Wine and Liquor Festival Licenses. Amend RSA 178:31 to read as follows:
178:31 Wine and Liquor Festival Licenses.
I. The commission may issue a supplemental wine festival license, or a supplemental liquor festival license, to the holder of a wine manufacturer license or a liquor manufacturer license. The commission may also issue a wine or liquor 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 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.
II. For purposes of regulation, any person issued a license under paragraph I shall be subject to all applicable statutory provisions and rules adopted under this title, except as directed by this section. Any violations committed by a supplemental licensee shall be considered violations against the applicant's annual or seasonal license.
III. No alcohol other than wine shall be served at a wine festival and no alcohol other than liquor shall be served at a liquor festival under this [license] section.
IV.(a) No license shall be issued under paragraph I unless the applicant obtains:
(1) Official approval of the chief of the local fire department as to the safety of the location; and
(2) Official approval of the local health department concerning sanitary conditions; and
(3) Official approval of the local police department as to the accessibility and public safety of the location and the event.
(b) Written statements from such officials shall accompany the application for a license issued under paragraph I. The selectmen, city council, city manager, or town administrator may at their discretion, assign police officers to the location of the event where alcoholic beverages are served.
V. Notwithstanding any other provision of law, the commission or its investigators may suspend, without warning, any license issued under paragraph I, if in their opinion, such continued sale or service of alcoholic beverages is contrary to the public interest.
3 Airship Removed. Amend RSA 175:1, LXV to read as follows:
LXV. "Vessel'' means[:
(a)] any watercraft approved and inspected by the U.S. Coast Guard or department of safety, for hire operating out of any port of the state[; or
(b) Any airship operated subject to an air taxi commercial operation certificate, or other operating certificate issued by the Federal Aviation Administration, the owner or operator of which shall be a licensed air carrier operating out of any airport in the state].
4 Airport Removed. Amend RSA 178:29, I to read as follows:
I. On-premises licensees shall pay the following applicable fees annually:
Supplemental Beverages Beverages Cocktail
Only and Wine and Liquor Lounge
[Airport $1,200]
Ballroom $ 45 $1,200
Bed and Breakfast $ 480 $ 840
Beer Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
Catering (all) $1,200
Catering (off-site only) $ 840
Catering (on-site only)
18 events $ 5
36 events $ 5
52 events $ 5
Club Military $ 100
Club Social
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
Club Private $1,200
Club Veterans
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
College Club $1,200
Convention Center $2,400
Dining Car $ 480 $ 840
Fairs $ 112
Hotel $ 840 $1,200
One day License $ 100
Performing Arts $ 360
Racetrack/Motor Vehicle $1,800
Racetrack/Pari-Mutuel $3,000
Rail Cars $1,200
Restaurant $ 480 $ 840 $1,200
Special License $ 25
Sports/Entertainment $1,800
Complex
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
Sports Recreation
Facility $1,200
Tobacco Retailer $ 840
Vessel $ 480 $ 840 $1,200
Wine Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
5 Repeal. The following are repealed:
I. RSA 178:22, V(a), relative to airport cocktail lounge licenses.
II. RSA 178:22, V(s)(2), relative to airship cocktail lounge licenses.
III. RSA 175:1, II, relative to the definition of airport.
6 Effective Date. This act shall take effect 60 days after its passage.
18-2581
11/8/17
HB 1690-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to liquor licenses.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Liquor Fund | |||
|
|
|
|
|
METHODOLOGY:
This bill would allow for the licensing and operation of liquor festivals, repeal the statutes concerning licensing of cocktail lounges in airports and airships, and allow licensees to petition the Liquor Commission to extend service for beverages and liquor to any clearly defined area under the control of the licensee and subject to local zoning and approvals.
According to the New Hampshire Liquor Commission, the airport category of license is not currently used and each of the four restaurants where such a license may apply are already licensed under the restaurant category, so there would be no fiscal impact from repealing the two license types. The Commission indicates current law does not provide for liquor festivals and the Commission has no information on how many festival licenses may be requested and issued or what the fee for such a license may be. The Commission states the bill could increase revenue and expenditures by indeterminable amount, but the Commission assumes the fiscal impact would be minimal.
The New Hampshire Municipal Association is not able to identify any impact on municipal revenues or expenditures.
The Pease Development Authority does not engage in licensing activities associated with alcoholic beverages.
AGENCIES CONTACTED:
New Hampshire Liquor Commission, New Hampshire Municipal Association, and Pease Development Authority