HB529 (2026) Detail

Relative to the liquor commission.


HB 529 - AS AMENDED BY THE HOUSE

 

7Jan2026... 3070h

2025 SESSION

25-0839

08/11

 

HOUSE BILL 529

 

AN ACT relative to the liquor commission.

 

SPONSORS: Rep. Grill, Hills. 18; Rep. Alexander Jr., Hills. 29; Rep. Bay, Straf. 21; Rep. Berry, Hills. 44; Rep. Coker, Belk. 2; Rep. A. Murray, Hills. 20; Rep. Osborne, Rock. 2

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill allows on-premises licensees to deliver liquor to customers who order a meal for home delivery.

 

This bill also restores penalties for overserving of liquor by licensees

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Jan2026... 3070h 25-0839

08/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to the liquor commission.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Alcoholic Beverages; Definitions and General Provisions.  Amend RSA 175:1, LIX to read as follows:

LIX.  "Restaurant" means a space, in a suitable or permanent building, kept, used, maintained, advertised and generally held out to the public to be a place where meals are regularly served.  It shall be provided with an adequate and sanitary kitchen, and seating for 20 patrons.

2  New Section; Restaurant Delivery License.  Amend RSA 178 by inserting after section 21 the following new section:

178:21-a  Restaurant Delivery License.

I.  Any on-premises licensee may purchase a restaurant delivery license from the commission for $250.  Such license shall expire one year after the date of issuance and may be renewed by an on-premises licensee for $250 each year.

II.  Notwithstanding the provisions of RSA 175:6 and RSA 179:15, an on-premises licensee in possession of a restaurant delivery license may transport beverages, wines, and liquor for delivery to consumers subject to the following requirements:

(a)  All deliveries of beverages, wines, and liquor shall be accompanied by food prepared by the restaurant delivery licensee and ordered by the consumer;

(b)  All deliveries of beverages, wines, and liquor conducted pursuant to this section shall be undertaken during the on-premises licensee's hours of operation and shall be delivered only to areas where the sale of alcoholic beverages is permitted;

(c)  All deliveries of beverages, wines, and liquor shall be solely for the personal consumption of the consumer and not for resale;

(d)  All beverages and wines transported pursuant to this section shall be transported in their original, manufactured, sealed containers;

(e)  All alcoholic beverages containing liquor that are transported pursuant to this section shall be transported in a container:

(1)  That shall clearly identify the licensee from which the alcoholic beverage was purchased;

(2)  That is sealed, with a tamper proof seal, by the restaurant delivery licensee in a manner that clearly demonstrates when the container has been opened;

(3)  That identifies, on a label, a detailed description of the contents of the liquor in the alcoholic beverage, including:

(A)  The type and brand of the liquor used to make the alcoholic beverage;

(B)  The alcohol by volume of the liquor used to make the alcoholic beverage; and

(C)  The amount of liquor contained in the alcoholic beverage; and

(4)  That contains a warning label that states the following, "GOVERNMENT WARNING:  (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.  (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may cause health problems."

(f)  Any individual engaged in the delivery of beverages, wines, and liquor pursuant to this section shall be an employee who regularly receives a W-2 from the on-premises licensee and is at least 21 years of age; and

(g)  During deliveries conducted under this section, the person engaged in making the delivery shall acquire 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 beverages,  wines, or liquor.

III.  No holder of a restaurant delivery license or on-premises license shall deliver any beverages, wines, or liquor to any college, university, or school, whether public or private, located within the state.  No holder of a restaurant delivery license or on-premises license shall deliver any beverages, wine, or liquor to any public library, public playground, or public park.

IV.  A person holding an on-premises license engaged in take-out services may include beverages, wines, and liquor with meals sold to a consumer for consumption by the consumer and not for resale.  The requirements set forth in paragraph II shall apply to any take-out meal sold with beverages, wines, or liquor.

3  Transportation of Beverages and Wine.  Amend RSA 179:15, III - V to read as follows:

III.  [(a) Notwithstanding the provisions of paragraph II, an on-premises licensee may purchase a restaurant delivery license from the commission for $250. Such license shall expire one year after the date of issue and may be renewed by an on-premises licensee for $250 each year.

(b)  An on-premises licensee in possession of a restaurant delivery license shall only be permitted to transport beverages and wines for delivery to consumers subject to the following requirements:

(1)  All deliveries of beverages and wines shall be accompanied by food prepared by the restaurant delivery licensee and ordered by the consumer;

(2)  All deliveries of beverages and wine conducted pursuant to this section shall be undertaken during the on-premises licensee's hours of operation and shall be delivered only to areas where the sale of alcoholic beverages is permitted;

(3)  All deliveries of beverages and wine shall be solely for the personal consumption of the consumer and not for resale;

(4)  All beverages and wines transported pursuant to RSA 179:15, II shall be transported in their original, manufactured, sealed containers;

(5)  Any individual engaged in the delivery of beverages and wines pursuant to this section shall be an employee who regularly receives a W-2 from the on-premises licensee and is at least 21 years of age; and

(6)  During deliveries conducted under this section, the person engaged in making the delivery shall acquire 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 beverages or wine.

(c)  No holder of a restaurant delivery license or on-premises license shall deliver any alcoholic beverage to any college, university, or school, whether public or private, located within the state.  No holder of a restaurant delivery license or on-premises license shall deliver any alcoholic beverage to any public library, public playground, or public park.

IV.  A person holding an on-premises license engaged in take-out services may include beverages and wine with meals sold to a consumer for consumption by the consumer and not for resale.  The requirements set forth in subparagraph III(b) shall apply to any take-out meal sold with beverages or wine.

V.]  Every person operating such a vehicle, when engaged in such transportation or delivery, shall carry a copy of the license in the vehicle so operated, and shall carry such evidence as the commission by rule may prescribe showing the origin and destination of the beverages and wines being transported or delivered.  Upon demand of any law enforcement officer, investigator, or employee of the commission, the person operating such vehicle shall produce for inspection a copy of the license and the evidence required by this section.  Failure to produce such license or evidence shall constitute prima facie evidence of unlawful transportation.  Except as otherwise provided, beverages and wines may be transported within the state only by a railroad or steamboat corporation or by a person regularly and lawfully conducting a general express or trucking business, and in each case holding a valid carrier's license issued by the commission.  Nothing in this section shall prohibit individual retail licensees from arranging for the delivery of wine products to a location central for the parties involved.

4  New Paragraphs; Prohibited Sales.  Amend RSA 179:5 by inserting after paragraph I the following new paragraphs:

I-a.  A licensee that violates paragraph I by serving an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated, and such intoxicated person directly causes the serious bodily injury or death of a person or persons, shall be subject to the following minimum penalties:

(a)  For the first offense, subject to the limitations of RSA 179:57, I, a suspension of up to 30 days provided that the suspension cannot exceed 10 days if the person in charge, managers, security staff, servers, and clerks have completed liquor commission training within 24 months before the date of violation; fine of $7,500;

(b)  For the second offense within 7 years of the first offense, a license suspension of a maximum of 30 days; fine of $7,500; and

(c)  For the third offense within 7 years of the second offense, the license shall be revoked by the commission.

I-b.  During the period of the license suspension, the licensee shall post a suspension notice distributed and prepared by the commission, on the exterior doors of the premises facing the public and on the public Internet website, if applicable.  The suspension notice shall include the following language, "Liquor license suspended by the New Hampshire Liquor Commission for overserving of alcohol in accordance with RSA 179:5".

5  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

25-0839

1/16/26

 

HB 529- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT # 2025-3070h)

 

AN ACT relative to the liquor commission.

 

FISCAL IMPACT:   

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

Indeterminable Increase

$10,000 to $100,000+

Indeterminable Increase

$10,000 to $100,000+

Indeterminable Increase

$10,000 to $100,000+

Revenue Fund(s)

Liquor Fund/General Fund - Liquor revenue is credited to the liquor fund, with net revenues after expenditures being credited to the state general fund. General 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

 

METHODOLOGY:

This bill authorizes on-premises licensees to purchase a $250 annual restaurant delivery license to deliver beverages, wine, and alcoholic beverages containing liquor when accompanied by food orders, subject to specified packaging, labeling, delivery, and identification requirements.  The bill also restores penalties for overserving alcohol.

The Liquor Commission states this bill will increase state revenue beginning in FY 2027 by expanding the restaurant delivery license to allow the delivery of beer, wine, and alcoholic beverages containing liquor with food orders.  There are currently 30 active restaurant delivery licenses, generating $7,500 annually at $250 per license.  The Commission expects that allowing delivery of liquor drinks, which offer higher potential profit margins, will encourage additional eligible on-premises licensees to apply for the license, particularly in the first year.  However, participation levels and long-term renewals are uncertain, as businesses will determine over time whether the license is profitable.  As a result, the Commission estimates additional licensing revenue will be indeterminable but between $10,000 and $100,000 or less per fiscal year.  The Commission states there will be no increase in state expenditures, as any additional workload can be absorbed within existing resources.

 

Lastly, expanded delivery of liquor drinks subject to the Meals and Rooms Tax may result in an indeterminable increase in state General Fund revenues.  The magnitude of any increase cannot be estimated because the number of sales, pricing of drinks, and consumer demand for delivery are unknown.

 

AGENCIES CONTACTED:

Liquor Commission

 

Amendments

Date Amendment
Nov. 10, 2025 2025-3070h

Links


Date Body Type
March 5, 2025 House Hearing
March 19, 2025 House Exec Session
Oct. 28, 2025 House Exec Session
Oct. 28, 2025 House Floor Vote
Feb. 17, 2026 Senate Hearing

Bill Text Revisions

HB529 Revision: 50316 Date: Jan. 16, 2026, 10:38 a.m.
HB529 Revision: 49141 Date: Nov. 10, 2025, 3:12 p.m.
HB529 Revision: 46370 Date: Jan. 14, 2025, 3:16 p.m.

Docket


Feb. 12, 2026: Hearing: 02/17/2026, Room 100, SH, 10:15 am; SC 6


Jan. 30, 2026: Introduced 01/29/2026 and Referred to Commerce; SJ 3


Jan. 7, 2026: Ought to Pass with Amendment 2025-3070h: MA VV 01/07/2026 HJ 1


Jan. 7, 2026: Amendment # 2025-3070h: AA VV 01/07/2026 HJ 1


Nov. 10, 2025: Committee Report: Ought to Pass with Amendment # 2025-3070h 10/28/2025 (Vote 17-0; RC) HC 51 P. 20


Oct. 8, 2025: Executive Session: 10/28/2025 11:00 am GP 229


Oct. 8, 2025: Full Committee Work Session: 10/28/2025 10:00 am GP 229


Sept. 22, 2025: Full Committee Work Session: 10/08/2025 01:15 pm GP 229


Sept. 22, 2025: Full Committee Work Session: 10/08/2025 01:15 pm GP 229


Oct. 8, 2025: Full Committee Work Session: 10/28/2025 10:00 am GP 229


Aug. 27, 2025: Full Committee Work Session: 09/10/2025 10:00 am GP 229


March 19, 2025: Retained in Committee


March 13, 2025: Executive Session: 03/19/2025 10:00 am LOB 302-304


March 7, 2025: Subcommittee Work Session: 03/12/2025 01:15 pm LOB 302-304


Feb. 19, 2025: Public Hearing: 03/05/2025 01:15 pm LOB 302-304


Jan. 14, 2025: Introduced (in recess of) 01/09/2025 and referred to Commerce and Consumer Affairs HJ 3 P. 14