Revision: May 5, 2022, 11:28 a.m.
Sen. Daniels, Dist 11
May 4, 2022
2022-1946s
08/04
Floor 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," certain liquor licenses and fees, including beer and specialty beverage festival licenses, relative to direct to consumer shipments of alcohol.
Amend the bill by replacing all after section 4 with the following:
5 Direct to Consumer Shipments of Alcohol to New Hampshire Residents. Amend RSA 178:27-b, I to read as follows:
I.(a) Notwithstanding any other provision of law to the contrary, any business licensed under this chapter as a beverage manufacturer, nano brewery, brew pub, wine manufacturer, liquor manufacturer or beverage distributor may apply for a direct to consumer shipping permit from the commission. The permit shall authorize the holder to sell and deliver [alcohol] alcoholic beverages to consumers 21 years of age or older located within the state of New Hampshire and businesses licensed by the commission for on-sale and off-sale of alcoholic beverages. The permit shall also authorize the licensee to deliver alcohol manufactured or distributed under their license to consumers 21 years of age or older residing in New Hampshire by means of vehicles registered to the New Hampshire licensee and holding a carrier license under RSA 178:14. There shall be no fee to obtain a shipping permit under this section. Nothing in this paragraph shall relieve the licensee of their obligation to comply with the record keeping and reporting requirements of this section when shipping products directly to legal age New Hampshire consumers by means of a third party holding a carrier license under RSA 178:14. Direct to consumer permittees or carriers shall not ship into areas of the state where alcoholic beverages may not be lawfully sold. Shipments of any other products shall be considered unlicensed shipments under the provisions of RSA 178:1, I.
(b) Any individual engaged in the delivery of alcoholic beverages pursuant to this section shall be an employee who regularly receives a W-2 from the licensee and is at least 21 years of age. During deliveries conducted under this section, the person making the delivery shall obtain a signed receipt from the consumer. Consumers who appear visibly intoxicated or who a reasonable and prudent person would know are intoxicated, who do not produce identification verifying the consumer's age, or who fail to sign a receipt shall not be entitled to his or her delivery of alcoholic beverages.
(c) No holder of a direct to consumer shipping permit shall deliver any alcoholic beverages to any college, university, or school, whether public or private, located within the state. No holder of a direct to consumer shipping permit shall deliver any alcoholic beverages to any public library, public playground, or public park.
6 Alcoholic Beverages; Transportation of Beverages and Wine. Amend RSA 179:15, III(a)(4) to read as follows:
(4) All beverages and wines transported pursuant to RSA 179:15, II shall be transported in their original, manufactured, sealed containers [and shall consist of no greater than 192 ounces of malt beverage or 1.5 liters of sparkling or still wine];
7 Repeal. RSA 178:23, IV-V, relative to fees for multi-year licenses, are repealed.
I. Sections 5-6 of this act shall take effect July 1, 2022.
II. The remainder of this act shall take effect 60 days after its passage.
2022-1946s
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.
V. Allows the delivery of alcohol to consumers by means of vehicles registered to a New Hampshire licensee who holds a carrier license.