Revision: April 26, 2022, 1:56 p.m.
Commerce
April 26, 2022
2022-1799s
04/10
Amendment to HB 1039
Amend the title of the bill by replacing it with the following:
AN ACT relative to the definition of "beverage manufacturer retail outlet" and certain liquor licenses and fees, including beer and specialty beverage festival licenses.
Amend the bill by inserting after section 2 the following and renumbering the original sections 3-4 to read as 5-6, respectively:
3 Beer and Specialty Beverage Festival Licenses. Amend RSA 178:30 to read as follows:
178:30 Beer and Specialty Beverage Festival Licenses.
I. The commission may issue a supplemental beer and specialty beverage festival license to the holder of a beverage manufacturer license, brew pub license, wholesale distributors license, beverage vendor license, on-premises license, or off-premises license. The commission may also issue a beer and specialty beverage 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 beverages, specialty beverages, and specialty beer shall be served under this license.
IV. Holders of a license issued under paragraph I may temporarily register beverages, specialty beverages, and specialty beer not currently registered for sale in New Hampshire. Registration shall be on forms provided by the commission. Registration forms shall be filed with the commission and an administration fee of $10 per brand registered shall be assessed. Temporary registration of beverages, specialty beverages, and specialty beer shall not be allowed once a registration form is filed with the commission. Any temporary registration filed under this paragraph shall expire upon the termination of the event or shall not exceed 3 consecutive days, whichever is longer.
V. Beverages, specialty beverages, and specialty beer registered with the commission under paragraph IV shall be purchased by the holder of the license. Additionally, fees of $.30 per gallon of beverages or specialty beer, or a fee of 5 percent of the wholesale price per case of any specialty beverage, purchased under this paragraph shall be paid to the commission by the licensee within 10 business days of the expiration of the license. Payment shall be accompanied by any forms and documentation required by the commission.
VI. Beverages, specialty beverages, and specialty beer purchased under paragraph V which are partially consumed or not consumed shall be returned to the supplier for credit or shall be destroyed.
VII. Notwithstanding any other provision of this chapter, holders of beverage manufacturer, beverage vendor, wholesaler, and brew pub licenses or any other industry member not licensed in New Hampshire may furnish draft beer equipment and/or representatives to dispense and promote their beverages, specialty beverages, and specialty beer at licensed beer festivals.
VIII.(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.
IX. 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.
4 Fees; Beer and Specialty Beverage Festival. Amend RSA 178:29, I, Beer Festival by replacing it with the following:
Beer and Specialty Beverage Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
2022-1799s
AMENDED ANALYSIS
This bill:
I. Removes the production and manufacturing requirements from the definition of "beverage manufacturer retail outlet."
II. Prohibits licensed carriers from transporting any liquor, wine, or beverage from a person without a direct shipper permit at any time.
III. Repeals provisions for multi-year liquor licenses.
IV. Allows holders of a beer festival license to also sell specialty beverages.