Bill Text: NH SB120 | 2011 | Regular Session | Chaptered

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Bill Title: Relative to alcoholic beverage advertising restrictions.

Spectrum: Moderate Partisan Bill (Republican 13-2)

Status: (Passed) 2011-07-05 - Senate Signed by the Governor on 07/05/2011; Effective 07/05/2011; Chapter 0238 [SB120 Detail]

Download: New_Hampshire-2011-SB120-Chaptered.html

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CHAPTER 238

SB 120 – FINAL VERSION

03/30/11 1318s

25May2011… 1956h

06/22/11 2388EBA

2011 SESSION

11-1039

03/09

SENATE BILL 120

AN ACT relative to alcoholic beverage advertising restrictions.

SPONSORS: Sen. Stiles, Dist 24; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. De Blois, Dist 18; Sen. Gallus, Dist 1; Sen. Lambert, Dist 13; Sen. Odell, Dist 8; Sen. White, Dist 9; Rep. Pantelakos, Rock 16; Rep. Bettencourt, Rock 4; Rep. Kappler, Rock 2

COMMITTEE: Commerce

ANALYSIS

This bill modifies various alcoholic beverage advertising restrictions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/30/11 1318s

25May2011… 1956h

06/22/11 2388EBA

11-1039

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to alcoholic beverage advertising restrictions.

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

238:1 Alcoholic Beverages; Advertising Restrictions. Amend RSA 179:31, I to read as follows:

I. Advertising or promotion of liquor or beverages by the use of billboards, sound trucks, or outdoor internally illuminated screen displays is prohibited.

238:2 Alcoholic Beverages; Advertising Restrictions. Amend RSA 179:31, IX to read as follows:

IX. Advertising of liquor or beverages shall [not be inconsistent] be consistent with the spirit of public health or safety [or safe driving]. The commission may suspend any single advertising or promotion of liquor or beverage, at its discretion, that is inconsistent with the spirit of public health or safety.

238:3 Alcoholic Beverages; Advertising Restrictions. Amend RSA 179:31, XI to read as follows:

XI. [No advertising or promotion shall be done by the use of a billboard. Advertising shall not contain any reference to a “happy hour” except that a “happy hour schedule” may be posted within the licensed premises, not in view of any public way and an on-premises licensee may advertise or promote the holding of a “champagne brunch” or similar package.] Licensees may advertise liquor and beverage prices separately from any other advertisement or promotion.

XI-a. Notwithstanding paragraph XI, if the legislative body of a city or town adopts a provision prohibiting exterior signs or signs in view of any public way promoting the sale of liquor or beverages at reduced prices by an on-premises licensee, such signs shall not be permitted in that city or town.

238:4 New Paragraph; Advertising Restrictions. Amend RSA 179:31 by inserting after paragraph XII the following new paragraph:

XIII. On-premises licensees shall make food readily available to guests any time alcoholic beverages are being advertised or promoted at a reduced price.

238:5 Repeal. RSA 175:1, XXXVI-a, relative to definition of happy hour, is repealed.

238:6 Temporary Local Advertising Restrictions. The governing body of a city or town may adopt a temporary provision prohibiting exterior signs or signs in view of any public way promoting the sale of liquor or beverages at reduced prices by an on-premises licensee. The temporary prohibition shall be enforceable in the same manner as a prohibition adopted under RSA 179:31, XI-a. The

temporary prohibition shall expire on the earliest of the following dates:

I. The date on which the legislative body of the city or town votes on whether to adopt a permanent prohibition under RSA 179:31, XI-a.

II. The date specified by the governing body when adopting the temporary prohibition.

III. July 1, 2012.

238:7 Effective Date. This act shall take effect upon its passage.

Approved: July 5, 2011

Effective Date: July 5, 2011