Bill Text: NH HB253 | 2013 | Regular Session | Enrolled
Bill Title: Relative to limitations on sales by nano breweries for consumption on the premises.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-07-25 - Signed By Governor 07/24/2013; Effective 09/22/2013; Chapter 0248 [HB253 Detail]
Download: New_Hampshire-2013-HB253-Enrolled.html
HB 253 – VERSION ADOPTED BY BOTH BODIES
6Mar2013… 0358h
05/23/13 1592s
26June2013… 2152CofC
2013 SESSION
08/03
HOUSE BILL 253
AN ACT relative to limitations on sales by nano breweries for consumption on the premises.
SPONSORS: Rep. O'Flaherty, Hills 12; Rep. Warden, Hills 39; Rep. Michael Garcia, Hills 34
COMMITTEE: Commerce and Consumer Affairs
AMENDED ANALYSIS
This bill allows a nano brewery to obtain a license upgrade exempting the licensee from sales limitations where the nano brewery has an existing on-premises beverage and wine license and sells 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2013… 0358h
05/23/13 1592s
26June2013… 2152CofC
13-0831
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to limitations on sales by nano breweries for consumption on the premises.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Nano Brewery License. Amend RSA 178:12-a to read as follows:
178:12-a Nano Brewery License.
I. The commission may issue a nano brewery license to a business that manufactures beer or specialty beer, not exceeding, 2,000 barrels annually for sale in any quantity to the general public or licensees. The license shall entitle the licensee to sell at retail or wholesale only beverages manufactured by the licensee in a public building as defined in RSA 175:1, LV-a. In addition to the annual license fees provided in this section, a fee of $.30 for each gallon of beverage sold or transferred for retail sale or to the public shall be required. On or before the tenth day of each month, a nano brewery licensee shall pay the license fees under this paragraph covering sales or transfers made during the preceding calendar month.
II.[(a)] The annual fee for each license issued under this section shall be $240. Except for licensees under paragraph VII, licensees shall comply with the following:
[(b) On or before the tenth day of each month a nano brewery licensee shall pay the license fees as provided by paragraph I covering sales or transfers made during the preceding calendar month.]
[III.](a) No beverage or liquor shall be served or consumed on the premises except that which is manufactured by the licensee on the premises.
(b) The licensee may serve beverages to any visitor of legal drinking age by the glass or other suitable container.
(c) For the purpose of this section, food and non-alcoholic beverages may be provided by a properly licensed third party food vendor, prepared on or off the premises.
(d) The licensee shall not allow any beverage or liquor to be served or sold to any person under the age of 21 on the premises.
(e) Sales for consumption on the premises shall be limited to one 4-ounce glass per label per person.
IV. A nano brewery licensee shall have the right to transport beverages it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.
V. A nano brewery licensee may transport its products to a farmers' market, and may sell such products at retail in the original container.
VI. No unopened container sold by the licensee shall be opened or consumed on the premises.
VII. Any nano brewery licensee meeting and maintaining the requirements of a restaurant under RSA 178:20, except RSA 178:20, IV and paying an additional fee of $240, shall comply with the following:
(a) No beverage or liquor shall be served or consumed on the premises except that which is manufactured by the licensee on the premises.
(b) The licensee may serve beverages to any visitor of legal drinking age by the glass or other suitable container.
(c) The licensee shall not allow any beverage or liquor to be served or sold to any person under the age of 21 on the premises.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0831
Amended 06/04/13
HB 253 FISCAL NOTE
AN ACT relative to limitations on sales by nano breweries for consumption on the premises.
FISCAL IMPACT:
The Liquor Commission states this bill, as amended by the Senate (Amendment #2013-1592s), may increase state revenue by an indeterminable amount in FY 2014 and each year thereafter. There is no fiscal impact on county and local revenue, or state, county and local expenditures.
METHODOLOGY:
The Liquor Commission states this bill will allow nano breweries to become licensed as an on-premise nano brewery. The license will cost $240 on an annual basis. The Commission states there are seven nano breweries currently licensed and two additional nano breweries with licenses pending. Assuming the two licenses pending are issued and all nine nano breweries chose to become licensed as an on-premise nano brewery, liquor fund revenue would increase by $2,160 (9 breweries * $240) each year.
