SB301: (New Title) relative to liquor licenses and relative to sales of alcoholic beverages.

CHAPTER 142

SB 301-FN – FINAL VERSION

22Apr2004… 0985h

2004 SESSION

04-3032

03/09

SENATE BILL 301-FN

AN ACT relative to liquor licenses and relative to sales of alcoholic beverages.

SPONSORS: Sen. Eaton, Dist 10; Sen. Clegg, Dist 14; Sen. Gallus, Dist 1; Rep. Weyler, Rock 79; Rep. Francoeur, Rock 85

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill:

I. Authorizes the liquor commission to suspend a liquor license temporarily during an emergency.

II. Clarifies the applicability of training requirements to one-day liquor license applicants.

III. Clarifies the definition of beverage vendor.

IV. Repeals limitations on ownership and control of wholesale distributors of alcoholic beverages.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Apr2004… 0985h

04-3032

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to liquor licenses and relative to sales of alcoholic beverages.

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

142:1 Liquor Licenses; Training; One-Day Licensees. Amend RSA 178:2, IV(b) to read as follows:

(b) Prior to the effective date of a one-day license, the training program shall be attended by a management representative of the applicant. If 2 or more one-day licenses are issued to the same applicant during any 12-month period, the management representative of the applicant shall be required to attend the training program only once during that 12-month period.

142:2 Alcoholic Beverages; Enforcement Policy; Emergency Suspension of License. Amend RSA 179:56, III to read as follows:

III.(a) The commission shall adopt by rule under RSA 541-A a formal enforcement policy for licensees under its jurisdiction. This policy shall specify the disciplinary action which the commission shall take for violations of various laws under its jurisdiction. The enforcement policy shall also specify mitigating and aggravating factors which the commission shall consider in determining penalties for specific actions. Except as provided in subparagraph (c), the commission shall not suspend or revoke a license until the licensee has been provided a hearing under RSA 541-A.

(b) In applying its enforcement policy, the liquor commission shall establish and enforce specific determinate penalties for specific offenses. The commission shall not apply penalties such as license suspensions for indefinite periods of time.

(c) The commission may suspend, for a period of not more than 24 hours, any license issued under the provisions of this title, if a risk to public health, safety, or welfare constitutes an emergency requiring such suspension. Any such suspension shall be approved directly by at least one member of the commission before taking effect.

142:3 Alcoholic Beverages; Definitions; Beverage Vendor. Amend RSA 175:1, X to read as follows:

X. “Beverage vendor” means an individual, partnership, limited liability company, or corporation, including any subsidiaries thereof, which sells beverages [manufactured in the United States] to wholesale distributors.

142:4 Repeal. RSA 178:16, V, relative to interest or control of wholesale distributor, is repealed.

142:5 Effective Date. This act shall take effect upon its passage.

(Approved: May 24, 2004)

(Effective Date: May 24, 2004)