Bill Text - HB1690 (2018)

Relative to liquor licenses.


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

 

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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.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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1  Authorization for Other Areas  RSA 178:24 is repealed and reenacted to read as follows: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.

 

LBAO

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