HB 276 - AS AMENDED BY THE HOUSE
26Mar2025... 1033h
2025 SESSION
25-0552
08/05
HOUSE BILL 276
AN ACT establishing a liquor license where beverages, wine, and liquor can be sold without food.
SPONSORS: Rep. Hemingway, Sull. 6
COMMITTEE: Commerce and Consumer Affairs
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AMENDED ANALYSIS
This bill establishes a tavern license allowing the sale of beverages, wine, and liquor without the sale of food.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Mar2025... 1033h 25-0552
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT establishing a liquor license where beverages, wine, and liquor can be sold without food.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definitions; Tavern License. Amend RSA 175:1 by inserting after paragraph LXIV-cc the following new paragraph:
LXIV-ccc. “Tavern license” means an on-premise license in an enclosed place of business kept, used, maintained, advertised, and held out to the public as a place operated for the purpose of serving liquor and beverages without the benefit of food.
2 New Sections; Tavern License. Amend RSA 178 by inserting after section 22 the following new sections:
178:22-a Tavern License.
I. The commission may issue a tavern license in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d).
II. The license issued shall entitle the licensee to serve beverages or specialty beverages by the glass, by the bottle with cap removed, or in any other suitable container, wines by the glass, by the bottle with the cork or cap removed or in any other suitable container, or liquor by the glass or other suitable container, as defined in rules adopted by the commission under RSA 541-A.
III. No person under the age of 21 shall be allowed in the tavern license premises.
IV. Except as provided in this paragraph, no beverages, specialty beverages, or liquor shall be consumed in the licensed areas except those that are sold by the licensee.
V. No beverages, specialty beverages, or liquor shall be removed from the licensed premises by patrons, except as provided by RSA 179:27-a.
178:22-b Local Option.
I. Any town or city may allow the operation of tavern licenses under RSA 178:21-a according to the provisions of this subdivision, in the following manner:
(a) In a town, the question shall be placed on the warrant of an annual town meeting under the procedures set out in RSA 39:3, and shall be voted on a ballot. In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.
(b) The selectmen, aldermen, or city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(c) The wording of the question shall be substantially as follows: "Shall we allow the operation of Tavern Licenses as defined in RSA 178:22-a within the town or city?"
II. If a majority of those voting on the question vote "Yes," tavern licenses may be operated within the town or city.
III. If the question is not approved, the question may later be voted upon according to the provisions of paragraph I at the next annual town meeting or regular municipal election.
IV. A municipality that has voted to allow the operation of tavern licenses may consider rescinding its action in the manner described in paragraph I of this section.
V. An unincorporated place may allow the operation of tavern licenses by majority vote of the county delegation, after a public hearing is held.
3 Fees; Expiration Dates; Transfers; Tavern License Included. Amend RSA 178:29, I to read as follows:
I. On-premises licensees shall pay the following applicable fees annually:
Supplemental Beverages Beverages Cocktail
Only and Wine and Liquor Lounge
Airport $1,200
Ballroom $ 45 $1,200
Bed and Breakfast $ 480 $ 840
Beer and Specialty Beverage
Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
Catering (all) $1,200
Catering (off-site only) $ 840
Catering (on-site only)
18 events $ 5
36 events $ 5
52 events $ 5
Club Military $ 100
Club Social
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
Club Private $1,200
Club Veterans
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
College Club $1,200
Convention Center $2,400
Dining Car $ 480 $ 840
Fairs $ 112
Hotel $ 840 $1,200
Liquor Festival
One-day $250
Two-day $300
Three-day $350
One day License $ 100
Performing Arts $ 360
Racetrack/Motor Vehicle $1,800
Racetrack/Pari-Mutuel $3,000
Rail Cars $1,200
Restaurant $ 480 $ 840 $1,200
Special License $ 25
Sports/Entertainment $1,800
Complex
9 events $ 250
18 events $ 450
36 events $ 750
52 events $1,200
Sports Recreation
Facility $1,200
Tavern License $6,480
Tobacco Retailer $ 840
Vessel $ 480 $ 840 $1,200
Wine Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
4 Effective Date. This act shall take effect 60 days after its passage.
25-0552
4/8/25
HB 276- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2025-1033h)
AN ACT establishing a liquor license where beverages, wine, and liquor can be sold without food.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Revenue Fund(s) | Liquor Fund | |||||
Expenditures* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | $0 | $0 | $0 | ||
Local Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
This bill establishes a tavern license allowing the sale of beverages, wine, and liquor without the
sale of food.
The Liquor Commission states it is unknown how many existing licensees will migrate from their current license type to the tavern license once the community has approved it, or how many new businesses would seek this license once they become aware it can be acquired without any investment in kitchen equipment or food preparers or servers. The Commission does not have information on the impact this change may have on policing services, town clerks, planning and zoning departments or fire departments. The Commission expects that some communities will need to revise their zoning provisions if voters choose to allow a tavern license in their community. The Commission assumes there could be litigation from business owners in communities that vote not to accept the tavern license if neighboring communities vote to allow this license type. The Commission offers the following additional information:
It is assumed that any fiscal impact would occur after FY 2025.
AGENCIES CONTACTED:
Liquor Commission
| Date | Amendment |
|---|---|
| March 19, 2025 | 2025-1033h |
| Date | Body | Type |
|---|---|---|
| Jan. 14, 2025 | House | Hearing |
| Jan. 30, 2025 | House | Exec Session |
| March 19, 2025 | House | Exec Session |
| March 19, 2025 | House | Floor Vote |
| April 29, 2025 | Senate | Hearing |
April 22, 2025: Hearing: 04/29/2025, Room 100, SH, 10:30 am; SC 19
March 27, 2025: Introduced 03/27/2025 and Referred to Commerce; SJ 10
March 26, 2025: Ought to Pass with Amendment 2025-1033h: MA VV 03/26/2025 HJ 10
March 26, 2025: Amendment # 2025-1033h (NT): AA VV 03/26/2025 HJ 10
March 19, 2025: Committee Report: Ought to Pass with Amendment # 2025-1033h (NT) 03/19/2025 (Vote 14-1; CC) HC 17 P. 7
March 13, 2025: Executive Session: 03/19/2025 10:00 am LOB 302-304
March 13, 2025: Subcommittee Work Session: 03/18/2025 10:00 am LOB 302-304
March 7, 2025: Subcommittee Work Session: 03/12/2025 01:15 pm LOB 302-304
Feb. 13, 2025: Subcommittee Work Session: 02/18/2025 11:00 am LOB 104
Jan. 23, 2025: ==RECESSED== Executive Session: 01/30/2025 11:00 am LOB 302-304
Jan. 16, 2025: Subcommittee Work Session: 01/22/2025 10:00 am LOB 302-304
Jan. 9, 2025: Public Hearing: 01/14/2025 02:00 pm LOB 307
Jan. 7, 2025: Introduced 01/08/2025 and referred to Commerce and Consumer Affairs HJ 2 P. 13