CHAPTER 95

SB 103-FN – FINAL VERSION

03/11/09 0705s

2009 SESSION

09-0898

05/03

SENATE BILL 103-FN

AN ACT relative to prohibited sales of alcoholic beverages.

SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Reynolds, Dist 2; Sen. Bragdon, Dist 11; Rep. Hunt, Ches 7; Rep. Butler, Carr 1; Rep. Clemons, Hills 24

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill prohibits serving alcohol to an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/09 0705s

09-0898

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to prohibited sales of alcoholic beverages.

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

95:1 Alcoholic Beverages; Prohibited Sales. Amend RSA 179:5, I to read as follows:

I. No licensee, salesperson, direct shipper, common carrier, delivery agent, nor any other person, shall sell or give away or cause or allow or procure to be sold, delivered, or given away any liquor or beverage to a person under the age of 21 or [to] serve an [intoxicated] individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated. For all deliveries of packages by common carrier or delivery agent marked “alcoholic beverages” or “alcoholic products,” the addressee shall sign a delivery receipt. In no case shall any section of this title be so construed as to permit sale of liquor or beverages in any so-called saloon or speakeasy.

95:2 Repeal. RSA 175:1, XXXVIII, relative to the definition of intoxicated individual, is repealed.

95:3 Effective Date. This act shall take effect January 1, 2010.

Approved: June 12, 2009

Effective Date: January 1, 2010