Bill Text - HB597 (2019)

Revision: April 11, 2019, 10:21 a.m.

HB 597-FN - VERSION ADOPTED BY BOTH BODIES

 

14Mar2019... 0780h

2019 SESSION

19-0643

08/01

 

HOUSE BILL 597-FN

 

AN ACT relative to sales of beverages and wine hosted by other licensees.

 

SPONSORS: Rep. Williams, Hills. 4

 

COMMITTEE: Commerce and Consumer Affairs

 

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

 

ANALYSIS

 

This bill allows nano brewery licensees to distribute samples at a wine manufacturer's facility for an annual fee.

 

This bill also allows wine manufacturer licensees to distribute samples at a nano brewery.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2019... 0780h 19-0643

08/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to sales of beverages and wine hosted by other licensees.

 

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

 

1  New Paragraph; Nano Breweries; Samples.  Amend RSA 178:12-a by inserting after paragraph VII the following new paragraph:

VIII.  For an additional annual fee of $120, any nano brewery licensee may transport its products to a wine manufacturers facility licensed under RSA 178:8, for the purpose of sampling or selling its products.  Samples may be sold or given away.  Retail sales made at the wine manufacturer’s facility shall be limited to products in their unopened original containers and to customers and persons of legal drinking age.  Nano breweries shall be subject to the following additional limitations under this section:

(a)  Nano brewery licensees shall be limited to one sampling event per day.

(b)  Sampling and sales of the nano brewery licensee's products shall conform to the normal business hours of the winery licensee.

(c)  Sample sizes shall be limited to one 16-ounce glass per person if no food is available and 2 16-ounce glasses if food is available.

(d)  Nano brewery licensee products brought to a sampling event shall be brought to the wine manufacturer’s facility on the day of the event and all such products shall be removed at the end of the event.

(e)  Nano brewery licensees shall notify the commission of date, times, and location of each sampling event not less than 5 days before each event.

2  New Paragraph; Wine Manufacturers; Samples.  Amend RSA 178:8 by inserting after paragraph VII the following new paragraph:

VIII.  For an additional annual fee of $120, any wine manufacturer licensee may transport its products to a nano brewery licensed under RSA 178:12-a, for the purpose of sampling or selling its products.  Samples may be sold or given away.  Retail sales made at the nano brewery shall be limited to products in their unopened original containers and to customers and persons of legal drinking age.  Wine manufacturers shall be subject to the following additional limitations under this section:

(a)  Wine manufacturer licensees shall be limited to one sampling event per day.

(b)  Sampling and sales of the wine manufacturer licensee's products shall conform to the normal business hours of the nano brewery licensee.

(c)  Sample sizes shall be limited to one 4-ounce glass per person if no food is available and 2 4-ounce glasses if food is available.

(d)  Wine manufacturer licensee products brought to a sampling event shall be brought to the nano brewery on the day of the event and all such products shall be removed at the end of the event.

(e)  Wine manufacturer licensees shall notify the commission of date, times, and location of each sampling event not less than 5 days before each event.

3  Effective Date.  This act shall take effect upon its passage.

 

LBAO

19-0643

Amended 3/21/19

 

HB 597-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0780h)

 

AN ACT relative to sales of beverages and wine hosted by other licensees.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   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:

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

 

 

 

 

 

METHODOLOGY:

This bill allows nano breweries and wine manufacturers licensed with the Liquor Commission to distribute samples between their facilities for an annual fee of $120.  Five days prior to a sampling event, the licensee transporting samples must notify the Commission and provide information about the event.  The Commission currently licenses 40 nano breweries and 40 wine manufacturers eligible to purchase the additional retail privilege provided in this bill.  If all licensees were to pursue this privilege, then the total revenue would be $9,600 in FY 2020 and each year thereafter.  However, the Commission cannot predict how many licensees might purchase this additional privilege.

 

The Commission reports expenditures will be impacted by an indeterminable amount, since the Commission is unable to estimate the amount of workload required to monitor and enforce the provisions of this bill.  The Commission reports additional responsibilities in this bill include: receiving the notice of a sampling event and tracking the information provided, monitoring events, and potentially auditing licensees to ensure compliance.  

 

AGENCIES CONTACTED:

Liquor Commission