Bill Text - HB1725 (2018)

(Second New Title) relative to wine samples and samples for consumption on the premises of a beverage manufacturer.


Revision: Nov. 16, 2017, 12:41 p.m.

HB 1725-FN - AS INTRODUCED

 

 

2018 SESSION

18-2299

08/10

 

HOUSE BILL 1725-FN

 

AN ACT establishing regulations for nano wineries.

 

SPONSORS: Rep. Williams, Hills. 4

 

COMMITTEE: Commerce and Consumer Affairs

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill defines and regulates nano wineries.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2299

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing regulations for nano wineries.

 

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

 

1  New Section; Nano Winery License.  Amend RSA 178 by inserting after section 12-b the following new section.

178:12-c  Nano Winery License.

I.  The commission may issue a nano winery license to a business that manufactures wine not exceeding 15,000 9-liter equivalent total cases annually for sale in any quantity to the general public or licensees.  The license shall entitle the licensee to sell at retail or wholesale only wine manufactured by the licensee in a public building as defined in RSA 175:1, LV-a.  On or before the tenth day of each month, a nano winery licensee shall pay the license fees under this section covering sales or transfers made during the preceding calendar month.

II.  The annual fee for each license issued under this section shall be $240.  Licensees shall comply with the following:

(a)  No wine, beverage, or liquor shall be served or consumed on the premises except that which is manufactured by the licensee on the premises.

(b)  The licensee may serve wine to any visitor of legal drinking age by the glass or other suitable container.

(c)  For the purpose of this section, food and non-alcoholic beverages may be provided by a properly licensed third-party food vendor, prepared on or off the premises.

(d)  The licensee shall not allow any wine, beverage, or liquor to be served or sold to any person under the age of 21 on the premises.

III.  A nano winery licensee shall have the right to transport beverages it manufactures in barrels, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.

IV.  A nano winery licensee may transport its products to a farmers' market, and may sell such products at retail in the original container.

V.  No unopened container sold by the licensee shall be opened or consumed on the premises.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

18-2299

11/15/17

 

HB 1725-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing regulations for nano wineries.

 

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 Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Liquor Fund

 

 

 

 

 

METHODOLOGY:

The Liquor Commission indicates there are 33 in-state wine manufacturers, 12 of which operate in public buildings and would qualify for the new nano winery license established in this bill.  The annual license fee would increase by $140 for 9 of the eligible wineries and decrease by $900 for two of wineries resulting in a net decrease in license fee revenue of $540.  In addition, the bill would allow the nano wineries to sell their products directly to on-premise and off-premise licensees; bypassing the Liquor Commission.  The Commission has no information on how many bottles of NH wine would be  sold directly to licensees, but indicates if 1/3 of the NH wine sold through the Commission and its licensee was sold directly, annual gross profit would decrease by $116,632 (One third of 67,942 bottle x $5.15 average gross profit per bottle).

 

AGENCIES CONTACTED:

New Hampshire Liquor Commission