Revision: Jan. 13, 2021, 4:03 p.m.
HB 591-FN - AS INTRODUCED
2021 SESSION
21-0840
08/10
HOUSE BILL 591-FN
AN ACT relative to certain liquor license fees and establishing 2 liquor investigator positions.
SPONSORS: Rep. Abrami, Rock. 19; Rep. Doucette, Rock. 8; Rep. Weyler, Rock. 13; Sen. Bradley, Dist 3
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill makes changes to liquor license fees for agency licenses and retail tobacco licenses and clarifies certain other liquor license fee provisions. The bill also authorizes 2 full-time, classified, liquor investigator positions in the liquor commission, division of enforcement and licensing.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0840
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to certain liquor license fees and establishing 2 liquor investigator positions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; State Liquor Stores; Agency Store. Amend RSA 177 by inserting after section 9 the following new section:
177:9-a Agency Liquor Store; License Fee. The fee for an agency store license shall be as determined in RSA 178:29, II(c).
2 Liquor Licenses; Off-Premises Fees. Amend the introductory paragraph of RSA 178:29, II to read as follows:
II. Off-premises licenses shall pay one of the following applicable fees annually:
3 New Subparagraph; Liquor Licenses; Retail Tobacco. Amend RSA 178:29, II by inserting after subparagraph (d) the following new subparagraph:
(e) Retail tobacco license:
(1) 1 register $336
(2) 2-3 registers $540
(3) 4 or more registers $812
4 Repeal; Liquor License Fee; Retail Tobacco. RSA 178:29, V-a(a), relative to the fee for a retail tobacco license, is repealed.
5 Retail Tobacco License. Amend RSA 178:19-a to read as follows:
178:19-a Retail Tobacco License.
I. The commission may issue a retail tobacco license to a person engaged in the business of retail sales and distribution of tobacco products including e-cigarettes in this state. Each retail outlet shall have a separate license regardless of the fact that one or more outlets may be owned or controlled by a single person.
II. A retail tobacco license shall be prominently displayed on the premises described in it.
III. The commission, when issuing or renewing a retail tobacco license, shall furnish a sign which shall read or be substantially similar to the following: "State Law prohibits the sale of tobacco products or e-cigarettes to persons under age 21. Warning: violators of these provisions may be subject to a fine."
IV. All sales of tobacco, including e-cigarettes, shall be recorded on cash registers. No additional registers shall be added during the remainder of the year without prior approval of the commission. No rebate shall be allowed for cash registers discontinued during the license year.
V. The fee for a retail tobacco license shall be as determined in RSA 178:29, II(e).
6 On-Premises Cigar, Beverage, and Liquor License. Amend RSA 178:20-a, I to read as follows:
I. The commission may issue a license to a person who operates a cigar bar as defined in this section [and who holds a tobacco retailers license under RSA 178:19-a] in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). The license shall entitle the licensee to serve beverages containing at least 1/2 percent and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit by the glass or other suitable container and by the bottle with the cork or cap removed; specialty beer in any suitable container; liquor containing more than 6 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container; and wines, by the glass, by the bottle with the cork or cap removed; or other suitable container, under rules adopted by the commission.
7 New Paragraph; On-Premises Cigar, Beverage, and Liquor License; Fee. Amend RSA 178:20-a by inserting after paragraph IV the following new paragraph:
V. The fee for an on-premises cigar, beverage, and liquor license shall be as determined in RSA 178:29, I.
8 New Paragraph; Combination License; Fee. Amend RSA 178:18 by inserting after paragraph III the following new paragraph:
IV. The fee for a combination license shall be as determined in RSA 178:29, II(b).
9 New Paragraph; Retail Wine License; Fee. Amend RSA 178:19 by inserting after paragraph IV the following new paragraph:
V. The fee for a retail wine license shall be as determined in RSA 178:29, II(a).
10 New Paragraph; Beer Specialty License; Fee. Amend RSA 178:19-d by inserting after paragraph VI the following new paragraph:
VII. The fee for a beer specialty license shall be found in RSA 178:29, II(d).
11 Applicability. The provisions of sections 1-10 of this act shall be applicable on the first day of the month following its effective date.
12 Liquor Commission; Positions Established; Investigators. Pursuant to RSA 176:9, there are hereby established within the liquor commission, division of enforcement and licensing, 2 full-time, classified, liquor investigator positions. The salary and benefits costs for the positions shall be a charge against the liquor fund, as described in section 13 of this act.
13 Contingency; Funding for Investigators. The first investigator position established in section 12 of this act shall only be filled when, as determined by the liquor commission, the liquor fund has received sufficient additional revenue, in a consecutive 6-month period after the increase to retail tobacco license fees under RSA 178:29, II(e) as inserted by this act, to fund one-half of the annual cost of that position. The second investigator position shall only be filled after the liquor fund has received, as determined by the liquor commission, further additional revenue from such retail tobacco license fees in a consecutive 12-month period, to fund both the remaining cost of the first investigator and one-half of the annual cost of the second investigator.
I. Sections 1-10 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
21-0840
1/13/21
HB 591-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to certain liquor license fees and establishing 2 liquor investigator positions.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the New Hampshire Liquor Commission. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
New Hampshire Liquor Commission