Revision: Oct. 2, 2023, 9:49 a.m.
2024 SESSION
24-2271.0
12/05
HOUSE BILL [bill number]
AN ACT relative to fines for prohibited sales of tobacco.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill moves fines for tobacco-related violations from statute to administrative rules, adopted by the liquor commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2271.0
12/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to fines for prohibited sales of tobacco.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibited Tobacco and E-cigarette Sales. Amend RSA 126-K:4, II and III to read as follows:
II. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. [The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee's record and counting violations that have occurred within 3 years of the date of the violation being considered].
III. [In addition to the civil penalty described in paragraph II,] A person who violates this section shall be guilty of a violation for a first offense and a misdemeanor for each subsequent offense.
2 Rulemaking. Amend RSA 126-K:10 to read as follows:
126-K:10 Rulemaking.
I. The commission shall adopt rules, pursuant to RSA 541-A, relative to the hearings and appeals process and relative to the proper administration of this chapter.
II.(a) The commission shall adopt by rule under RSA 541-A a formal enforcement policy for licensees under its jurisdiction. This policy shall specify the disciplinary action which the commission shall take for violations of this chapter. The enforcement policy shall also specify mitigating and aggravating factors which the commission shall consider in determining penalties for specific actions.
(b) In applying its enforcement policy, the liquor commission shall establish and enforce specific determinate penalties for specific offenses. The commission shall not apply penalties such as license suspensions for indefinite periods of time.
3 Direct Shippers. Amend RSA 128:27, V(b) to read as follows:
(b) The commission may assess a [$250] penalty determined by administrative rule for failure to report to the commission in a timely manner.
4 Direct Shipments of Alcohol to New Hampshire Residents. Amend RSA 178:27-b, IV(b) to read as follows:
(b) The commission may assess a [$250] penalty determined by administrative rule for each failure to report to the commission in a timely manner.
5 Effective Date. This act shall take effect January 1, 2025.