HB 1018 - VERSION ADOPTED BY BOTH BODIES
28Mar2024... 0998h
05/23/2024 2103s
13Jun2024... 2301CofC
2024 SESSION
24-2269
08/05
HOUSE BILL 1018
AN ACT relative to on-premise and off-premise liquor licenses and relative to land in current use.
SPONSORS: Rep. Hunt, Ches. 14
COMMITTEE: Commerce and Consumer Affairs
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AMENDED ANALYSIS
This bill:
I. Makes changes to the laws relative to on-premise and off-premise liquor licenses, including the regulation of certain on-premises licensees which sell hookah products.
II. Provides that the owner of land in current use and designated as open space may post that such land is restricted to use for public recreation only.
III. Expands grounds for criminal trespass to include violation of open space land posted for recreational use only and when associated with a violation of the controlled drug act or human trafficking.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
28Mar2024... 0998h
05/23/2024 2103s
13Jun2024... 2301CofC 24-2269
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to on-premise and off-premise liquor licenses and relative to land in current use.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Combination License. Amend RSA 178:18, I to read as follows:
I. Off-premises licenses shall be issued only for grocery and drug stores [not holding on-premises licenses]. Such licenses shall authorize the licensees to sell fortified wine, table wine, beverages, and specialty beverages for consumption only off the premises designated in the licenses and not to other licensees for resale. Such sale shall be made only in the immediate container in which the beverage, specialty beverage, wine, or fortified wine was received by the off-premises combination licensee; except that in the case of the holder of a wholesale distributor license, beverages and specialty beverages may be sold only in such barrels, bottles, or other containers as the commission may by rule prescribe. Off-premises licenses may also authorize the licensee to sell tobacco products or e-cigarettes. There shall be no restriction on the number of combination licenses held by any person. The license shall authorize the licensee to transport and deliver beverages, specialty beverages, tobacco products, e-cigarettes, and table or fortified wines ordered from and sold by the licensee in vehicles operated under the licensee's control or an employee's control.
2 Definitions. Amend RSA 175:1, L - LI to read as follows:
L. ["Off-sale"] "Off-premises" means table or fortified wine and beverage sold for consumption off the premises as authorized in this title.
LI. ["On sale"] "On-premises" means liquor, wine and beverage sold for consumption on the premises.
3 On-Premises Cocktail Lounge Licenses. Amend RSA 178:22, V(c)(2) to read as follows:
(2) Any ballroom may open its facilities to the public for functions of a limited duration during which time liquor, specialty beverages, and beverages shall not be available to patrons and during which time all liquor, beverages, and specialty beverages shall either be removed from the area open to the public or locked and [unaccessible] inaccessible to persons other than employees approved by the commission. Any licensee of a ballroom may so open the facilities upon notice in writing to the commission at least 5 business days prior to the function. If the facility is open for special functions at which time liquor, beverages, and specialty beverages are not available to patrons, the commission shall not impose any conditions as to who may attend such functions or whether or not live entertainment is provided so long as local fire and building code requirements are met.
4 On-Premises Cocktail Lounge Licenses; Club Licenses. Amend RSA 178:22, V(l)(4) to read as follows:
(4) No license shall be issued under subparagraph (l)(1) for premises holding other licenses issued by the commission except rental facilities on licensed [club] premises approved by the commission. Notwithstanding any other provision of law, the commission or its investigators may suspend without warning any license issued under subparagraph (l)(1) if, in their opinion, such sale of liquor, beverages, specialty beverages is contrary to the public interest.
5 On-Premises Cocktail Lounges; Vessels. Amend RSA 178:22, V(s)(1)(B) to read as follows:
(B) Any licensee may open its vessel to school groups, youth organizations, or other gatherings of persons under the age of 18 years, for functions of a limited duration during which time all liquor, beverages, and specialty beverages shall not be made available to patrons and during which time all liquor, beverages, and specialty beverages shall either be removed from the vessel or be locked and [unaccessible] inaccessible to persons other than employees approved by the commission. Any licensee who opens its vessel to groups under age 18 shall give written notice to the commission of such function at least 5 business days prior to the function. The provisions of RSA 178:22, II shall not apply during these functions.
6 Liquor Manufacturer License. Amend RSA 178:6, III-a to read as follows:
III-a. Each liquor manufacturer [distilling] licensed to distill less than 1,000 cases of liquor per year may sell at retail at its facility for off-premises consumption any of its liquor. Each retail sale shall be limited to one 9-liter case or less per sale. No liquor manufacturer [distilling] licensed to distill less than 1,000 cases of liquor per year shall sell more than 12 9-liter cases of liquor to any one customer in any calendar year.
7 On-Premises Cigar, Beverage, and Liquor Licenses. Amend RSA 178:20-a to read as follows:
178:20-a On-Premises Cigar, Beverage, and Liquor Licenses.
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.
II. In this section, "cigar bar" means a business that:
(a) Generates 60 percent or more of its quarterly gross revenue from the sale of cigar-related and hookah products, which is limited to cigars, humidors, cigar cutters, cigar cases, lighters, [and] ashtrays, hookah pipes, shisha tobacco, hookah accessories, and hookah pipe sessions or rentals for on-site use. Revenue from keno, mail order and Internet sales, as well as revenue generated from other tobacco sales in store, including cigarettes and loose tobacco sales, shall not be used to determine whether an establishment satisfies the definition of a cigar bar.
(b) Has a humidor or offers hookah pipes for on-site use on the premises.
(c) Does not allow any person under the age of 21 on the premises unless accompanied by a parent, legal guardian, or adult spouse.
(d) Does not allow cigarette smoking or sale of food on the premises.
III. No beverage or liquor shall be consumed on the premises except that which is sold by the licensee.
IV. All applicants for employment at a cigar bar shall be presented with a written notice that states that working in a cigar bar has serious and permanent negative health effects, including, but not limited to, an increased risk of cancer and heart disease, and that no level of exposure to second-hand smoke is safe.
V. Establishments selling hookah products shall adhere to operating hours restrictions in RSA 179:17, II(b).
VI. The fee for an on-premises cigar, beverage, and liquor license shall be as determined in RSA 178:29, I.
8 Current Use Taxation; Powers and Duties of Board. Amend RSA 79-A:4, II to read as follows:
II. The board shall reduce by 20 percent the current use value of land which is open 12 months a year to public recreational use, without entrance fee, and which also qualifies for current use assessment under an open space category. There shall be no prohibition of skiing, snowshoeing, fishing, hunting, hiking or nature observation on such open space land, unless these activities would be detrimental to a specific agricultural or forest crop or activity. An owner of open space land may post “no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation” signs that prohibit or restrict the access to or use of such open space land for any other purpose. The owner of land who opens his or her land to public recreational use as provided in this paragraph shall not be liable for personal injury or property damage to any person, and shall be subject to the same duty of care as provided in RSA 212:34.
9 New Subparagraphs; Criminal Trespass. Amend RSA 635:2, III(b)(3) and (4) to read as follows:
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order; [or]
(4) On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations[.];
(5) On open space land in violation of a posted “no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation” sign authorized pursuant to RSA 79-A:4, II; or
(6) On the property of another during the commission of any crime under RSA 318-B or RSA 633:7.
I. Sections 8 and 9 of this act shall take effect January 1, 2025.
II. The remainder of this act shall take effect 60 days after its passage.
24-2269
Amended 5/28/24
HB 1018- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-2103s)
AN ACT relative to on-premise and off-premise liquor licenses and relative to land in current use.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
| ||||||
| ||||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
The portion of this bill relative to criminal trespass when associated with associated with a violation of the controlled drug act or human trafficking would add or modify a criminal penalty, or change the statute to which there is a penalty for violation. Therefore, the bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at:
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
The portion of the bill that makes changes to the laws relative to on-premise and off-premise liquor licenses, and the regulation of certain on-premises licensees which sell hookah products will have no fiscal impact.
AGENCIES CONTACTED:
New Hampshire Liquor Commission, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| March 20, 2024 | 2024-0998h |
| May 23, 2024 | 2024-2103s |
| June 7, 2024 | 2024-2301CofC |
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2024 | House | Hearing |
| Jan. 11, 2024 | House | Hearing |
| March 13, 2024 | House | Exec Session |
| March 20, 2024 | House | Exec Session |
| March 20, 2024 | House | Floor Vote |
| April 30, 2024 | Senate | Hearing |
| May 23, 2024 | Senate | Floor Vote |
| May 22, 2024 | Senate | Floor Vote |
| May 23, 2024 | Senate | Floor Vote |
| June 13, 2024 | Senate | Floor Vote |
| June 13, 2024 | House | Floor Vote |
| June 13, 2024 | Senate | Floor Vote |
| June 13, 2024 | Senate | Floor Vote |
| June 13, 2024 | House | Floor Vote |
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
June 13, 2024: Conference Committee Report 2024-2301c: Adopted, DV 190-176 06/13/2024 HJ 16
June 12, 2024: Conference Committee Report # 2024-2301c, Adopted, VV; 06/13/2024; SJ 17
June 12, 2024: Conference Committee Report # 2024-2301c, Adopted, VV; 06/13/2024; SJ 17
June 13, 2024: Conference Committee Report 2024-2301c: Adopted, DV 190-176 06/13/2024 HJ 16
June 6, 2024: Conference Committee Report Filed, # 2024-2301c; 06/13/2024
June 6, 2024: Conferee Change: Rep. S. Smith Replaces Rep. Spier 06/06/2024 HJ 15
June 6, 2024: Conferee Change: Rep. Rhodes Replaces Rep. Burroughs 06/06/2024 HJ 15
June 5, 2024: Conferee Change; Senator Carson Replaces Senator Whitley; SJ 17
June 4, 2024: Conferee Change: Rep. Spier Replaces Rep. Beaulieu 06/04/2024 HJ 15
June 4, 2024: Conference Committee Meeting: 06/04/2024 01:30 pm LOB 302-304
May 30, 2024: President Appoints: Senators Gannon, Bradley, Whitley; 05/30/2024; SJ 16
May 30, 2024: President Appoints: Senators Gannon, Bradley, Whitley; 05/30/2024; SJ 16
May 30, 2024: Sen. Gannon Accedes to House Request for Committee of Conference, MA, VV; 05/30/2024; SJ 16
May 30, 2024: Speaker Appoints: Reps. Hunt, Ammon, Burroughs, Beaulieu 05/30/2024 HJ 15
May 30, 2024: Sen. Gannon Accedes to House Request for Committee of Conference, MA, VV; 05/30/2024; SJ 16
May 30, 2024: House Non-Concurs with Senate Amendment and Requests CofC (Rep. Hunt): MA VV 05/30/2024 HJ 15
May 30, 2024: House Non-Concurs with Senate Amendment 2024-2013s (Rep. Burroughs): MF RC 180-190 05/30/2024 HJ 15
May 30, 2024: House Concurs with Senate Amendment 2024-2103s (Rep. Hunt): MF DV 179-190 05/30/2024 HJ 15
May 23, 2024: Ought to Pass with Amendment 2024-2103s, MA, VV; OT3rdg; 05/23/2024; SJ 15
May 23, 2024: Sen. Bradley Floor Amendment # 2024-2103s, RC 14Y-10N, AA; 05/23/2024; SJ 15
May 23, 2024: Special Order to after Judiciary, Without Objection, MA; 05/23/2024; SJ 15
May 22, 2024: Special Order to the end of the calendar on 05/23/2024, Without Objection, MA; 05/22/2024; SJ 14
May 22, 2024: Sen. Bradley Moved to Remove HB 1018 from the Consent Calendar; 05/22/2024; SJ 14
May 15, 2024: Committee Report: Ought to Pass, 05/22/2024; Vote 5-0; CC; SC 20
April 17, 2024: Hearing: 04/30/2024, Room 100, SH, 10:00 am; SC 16
April 2, 2024: Introduced 03/21/2024 and Referred to Commerce; SJ 8
March 28, 2024: Ought to Pass with Amendment 2024-0998h: MA VV 03/28/2024 HJ 10 P. 3
March 28, 2024: Amendment # 2024-0998h: AA VV 03/28/2024 HJ 10 P. 3
March 20, 2024: Committee Report: Ought to Pass with Amendment # 2024-0998h 03/20/2024 (Vote 17-0; CC) HC 12 P. 4
March 13, 2024: Executive Session: 03/20/2024 10:00 am LOB 302-304
March 7, 2024: Executive Session: 03/13/2024 10:00 am LOB 302-304
Feb. 21, 2024: Subcommittee Work Session: 03/06/2024 10:30 am LOB 302-304
Feb. 14, 2024: Subcommittee Work Session: 02/21/2024 10:00 am LOB 302-304
Feb. 7, 2024: Subcommittee Work Session: 02/13/2024 01:00 pm LOB 306-308
Feb. 7, 2024: Subcommittee Work Session: 02/13/2024 10:00 am LOB 306-308
Feb. 12, 2024: Public Hearing: 01/11/2024 10:00 am LOB 302-304
Jan. 3, 2024: Public Hearing: 01/11/2024 10:00 am LOB 302-304
Nov. 27, 2023: Introduced 01/03/2024 and referred to Commerce and Consumer Affairs