Bill Text - HB1725 (2018)

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


Revision: March 21, 2018, 2:31 p.m.

HB 1725-FN - AS AMENDED BY THE HOUSE

 

15Mar2018... 0800h

15Mar2018... 0860h

2018 SESSION

18-2299

08/10

 

HOUSE BILL 1725-FN

 

AN ACT relative to wine samples and samples for consumption on the premises of a beverage manufacturer.

 

SPONSORS: Rep. Williams, Hills. 4

 

COMMITTEE: Commerce and Consumer Affairs

 

─────────────────────────────────────────────────────────────────

 

AMENDED ANALYSIS

 

This bill allows wine manufacturers to serve samples of wine on premises and allows such manufacturers to serve 2 5-ounce samples if they serve food.

 

This bill also allows beverage manufacturers to provide a 16-ounce sample for consumption and allows such manufacturers to serve 2 16-ounce samples if they serve food.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2018... 0800h

15Mar2018... 0860h 18-2299

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to wine samples and samples for consumption on the premises of a beverage manufacturer.

 

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

 

1  Wine Samples.  Amend RSA 178:8, III to read as follows:

III.  Each wine manufacturer shall have the right to sell at retail or wholesale at its winery, and at retail at one wine manufacturer retail outlet, for off-premises consumption any of its wines.  The wine manufacturer shall pay an annual fee of $216 to the commission for the wine manufacturer retail outlet.  The wine manufacturer may transport wines it manufactures to its wine manufacturer retail outlet for sample or sale.  Visitors of legal drinking age at the manufacturing location or wine manufacturer retail outlet may be provided with samples of wine manufactured by the licensee in this state for tasting.  [Samples may be provided either] A wine manufacturer may either provide samples for free or for a fee [and] which shall be limited to one 2-ounce sample per label or one 5-ounce glass per person.  At such times as food is available, a wine manufacturer may serve no more than 2 5-ounce glasses per person in any areas approved by the commission.  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.  Pursuant to rules adopted by the commission, a wine manufacturer may transport its products to a farmers' market or a wine festival licensed under RSA 178:31, and may sell such products at retail in the original container.

2  Beverage Manufacturer License; On-Premises Consumption.  Amend RSA 178:12, II-a to read as follows:

II-a.  The holder of a beverage manufacturer license may sell beverage samples to visitors of legal drinking age for consumption on the premises where the beverages were manufactured.  [Sales of samples for consumption on the premises shall be limited to one 4-ounce glass per label per person.]  A beverage manufacturer may either provide samples for free or for a fee which shall be limited to one 4-ounce glass per label or one 16-ounce glass per person.  At such times as food is available, a beverage manufacturer may serve no more than 2 16-ounce glasses per person in any areas approved by the commission.  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

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

 

LBAO

18-2299

Amended 3/20/18

 

HB 1725-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-0860h)

 

AN ACT relative to wine samples and samples for consumption on the premises of a beverage manufacturer.

 

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

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

Funding Source:

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

 

 

 

 

 

METHODOLOGY:

The Liquor Commission indicates the bill establishes expanded privileges for wine and beverage manufacturers by allowing them to provide customers with samples or service by the glass of wine or beer limited to not more than two drinks.  The Commission assumes the expanded privileges may lead other business to seek similar authorizations.  The Commission states it is not clear how many customers would take advantage of the expanded serving privileges.  Sales made under the new provisions would be subject to New Hampshire's rooms and meals tax.  

 

AGENCIES CONTACTED:

New Hampshire Liquor Commission