Bill Text: NH HB1039 | 2022 | Regular Session | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-06-29 - Signed by Governor Sununu 06/24/2022; Chapter 254; I. Sec 5-6 eff. 7/01/2022 II. Rem eff. 8/23/2022 House Journal 14 [HB1039 Detail]
Download: New_Hampshire-2022-HB1039-Amended.html
HB 1039 - AS AMENDED BY THE SENATE
15Mar2022... 0284h
05/05/2022 1799s
05/05/2022 1946s
2022 SESSION
22-2276
08/04
HOUSE BILL 1039
SPONSORS: Rep. Hunt, Ches. 11
COMMITTEE: Commerce and Consumer Affairs
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2022... 0284h
05/05/2022 1799s
05/05/2022 1946s 22-2276
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Beverage Manufacturer Retail Outlet; Definition. Amend RSA 175:1, IX-a to read as follows:
IX-a. “Beverage manufacturer retail outlet” means an outlet for the sale, sampling, [production or manufacturing] and promotion of beverages and other products manufactured by a beverage manufacturer licensee.
2 Carrier Licenses. Amend RSA 178:14, III to read as follows:
III. A licensed carrier shall not transport any liquor, wine, or beverage [within a 90-day period] that has been identified by the commission as originating from a person who does not hold a valid New Hampshire direct shipper permit, provided that such identification has first been provided to and received by the licensed carrier in writing. The commission shall notify carriers by mail on a monthly basis of the identity of unauthorized shippers, which notification shall be effective 15 days after such mailing. The commission may impose a fine by rule for violations within the reporting month per shipper.
3 Beer and Specialty Beverage Festival Licenses. Amend RSA 178:30 to read as follows:
178:30 Beer and Specialty Beverage Festival Licenses.
I. The commission may issue a supplemental beer and specialty beverage festival license to the holder of a beverage manufacturer license, brew pub license, wholesale distributors license, beverage vendor license, on-premises license, or off-premises license. The commission may also issue a beer and specialty beverage festival license to a responsible person representing a voluntary nonprofit group or such group's designee. Notwithstanding any other provisions of law, the holder of a license under this section shall be allowed to organize, advertise, and hold an event not exceeding 3 days in length, promoting the products of the beverage industry. The provisions of RSA 178:22, I, III, and IV shall apply to any license issued under this section. The sales and services of alcoholic beverages shall be in a clearly defined area. Applications for a license under this section shall be filed with the commission 15 working days before the date on which the license is needed.
II. For purposes of regulation, any person issued a license under paragraph I shall be subject to all applicable statutory provisions and rules adopted under this title, except as directed by this section. Any violations committed by a supplemental licensee shall be considered violations against the applicant's annual or seasonal license.
III. No alcohol other than beverages, specialty beverages, and specialty beer shall be served under this license.
IV. Holders of a license issued under paragraph I may temporarily register beverages, specialty beverages, and specialty beer not currently registered for sale in New Hampshire. Registration shall be on forms provided by the commission. Registration forms shall be filed with the commission and an administration fee of $10 per brand registered shall be assessed. Temporary registration of beverages, specialty beverages, and specialty beer shall not be allowed once a registration form is filed with the commission. Any temporary registration filed under this paragraph shall expire upon the termination of the event or shall not exceed 3 consecutive days, whichever is longer.
V. Beverages, specialty beverages, and specialty beer registered with the commission under paragraph IV shall be purchased by the holder of the license. Additionally, fees of $.30 per gallon of beverages or specialty beer, or a fee of 5 percent of the wholesale price per case of any specialty beverage, purchased under this paragraph shall be paid to the commission by the licensee within 10 business days of the expiration of the license. Payment shall be accompanied by any forms and documentation required by the commission.
VI. Beverages, specialty beverages, and specialty beer purchased under paragraph V which are partially consumed or not consumed shall be returned to the supplier for credit or shall be destroyed.
VII. Notwithstanding any other provision of this chapter, holders of beverage manufacturer, beverage vendor, wholesaler, and brew pub licenses or any other industry member not licensed in New Hampshire may furnish draft beer equipment and/or representatives to dispense and promote their beverages, specialty beverages, and specialty beer at licensed beer festivals.
VIII.(a) No license shall be issued under paragraph I unless the applicant obtains:
(1) Official approval of the chief of the local fire department as to the safety of the location; and
(2) Official approval of the local health department concerning sanitary conditions; and
(3) Official approval of the local police department as to the accessibility and public safety of the location and the event.
(b) Written statements from such officials shall accompany the application for a license issued under paragraph I. The selectmen, city council, city manager, or town administrator may at their discretion, assign police officers to the location of the event where alcoholic beverages are served.
IX. Notwithstanding any other provision of law, the commission or its investigators may suspend, without warning, any license issued under paragraph I, if in their opinion, such continued sale or service of alcoholic beverages is contrary to the public interest.
4 Fees; Beer and Specialty Beverage Festival. Amend RSA 178:29, I, Beer Festival by replacing it with the following:
Beer and Specialty Beverage Festival
One-day $ 250
Two-day $ 300
Three-day $ 350
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.
