SB 17 - AS AMENDED BY THE SENATE
02/11/2021 0024s
02/11/2021 0322s
2021 SESSION
21-0327
08/11
SENATE BILL 17
SPONSORS: Sen. Birdsell, Dist 19; Sen. Gannon, Dist 23; Sen. Cavanaugh, Dist 16; Sen. Carson, Dist 14; Sen. Sherman, Dist 24
COMMITTEE: Commerce
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AMENDED ANALYSIS
This bill allows municipalities to adopt ordinances to allow dogs in outdoor areas of brew pubs.
This bill also enables nano breweries and brew pubs to enter into contracts with contract brewers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/11/2021 0024s
02/11/2021 0322s 21-0327
08/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Dogs on Brew Pub Patios. Amend RSA 466:44 by inserting after paragraph II the following new paragraph:
III. A municipality may adopt an ordinance allowing a person holding a brew pub license under RSA 178:13 to allow dogs onto any patio at his or her place of business, if such dogs' and owners' access to the patio is from the exterior of the brew pub, regardless of whether food or drink are served on such patio. In this paragraph, "patio" means an open air, exterior, paved space with an entrance separate from the brew pub. Such dogs shall not be allowed in food preparation or production areas. A brew pub licensee allowing dogs shall prominently display a sign at all public entrances advising patrons that dogs are allowed on the premises. This paragraph shall not apply to service animals as defined by RSA 167-D:1, IV.
2 New Paragraphs; Nano Brewery; Contract Brewing. Amend RSA 178:12-a by inserting after paragraph VIII the following new paragraphs:
IX. Each nano brewery shall have the right to transport the beverage 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. A nano brewer in a contract brewing arrangement may transport the beverage produced by the contract brewer in barrels, kegs, bottles, or other closed containers within the state for storage or to the state border for transportation and sale outside the state.
X. A nano brewer may enter into a contract brewing arrangement with a contract brewer brewing in the state of New Hampshire after the nano brewer has been in operation for one year. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the nano brewer's facility or at some other facility accessible only to the nano brewer. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A nano brewer shall file all contract brewing arrangements with the commission. A nano brewer shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XI. Nano brewers and contract brewers shall be allowed to store beverages manufactured in accordance with the provisions of this title in a storage facility licensed by the commission. Nano brewers and contract brewers storing beverages in a warehouse licensed under RSA 178:11, or other facility approved by the commissioner for the purpose of storing alcohol, shall keep records of the type, quality and destination of beverages removed from storage. Such records shall be retained by the nano brewer or contract brewer using the facility and shall be made available to the commission upon request. A nano brewer shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XII. Annual onsite production by a nano brewer shall not be less than their production for the calendar year prior to entering into an arrangement with a contract brewer. Total production, including tenant and contract brewers, shall be at least 10 barrels and shall not exceed 2,000 barrels annually.
XIII. The nano brewer shall submit to the liquor commission an annual report of all beverages by:
(a) The nano brewer on-site.
(b) Any tenant brewer.
(c) Any contract brewer the nano brewer has contracted with under paragraph X.
XIV. All taxes due on product that is made by a contract brewer shall be paid by the nano brewer.
3 New Paragraphs; Brew Pub Contract Brewing. Amend RSA 178:13 by inserting after paragraph VIII the following new paragraphs:
IX. Each brew pub shall have the right to transport the beverage 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. A brew pub in a contract brewing arrangement may transport the beverage produced by the contract brewer in barrels, kegs, bottles, or other closed containers within the state for storage or to the state border for transportation and sale outside the state.
X. A brew pub may enter into a contract brewing arrangement with a contract brewer brewing in the state of New Hampshire after the brew pub has been in operation for one year. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the brew pub's facility or at some other facility accessible only to the brew pub. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A brew pub shall file all contract brewing arrangements with the commission. A brew pub shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XI. Brew pubs and contract brewers shall be allowed to store beverages manufactured in accordance with the provisions of this title in a storage facility licensed by the commission. Brew pubs and contract brewers storing beverages in a warehouse licensed under RSA 178:11, or other facility approved by the commissioner for the purpose of storing alcohol, shall keep records of the type, quality and destination of beverages removed from storage. Such records shall be retained by the brew pub or contract brewer using the facility and shall be made available to the commission upon request.
XII. Annual onsite production by a brew pub shall not be less than their production for the calendar year prior to entering into an arrangement with a contract brewer. Total production including tenant and contract brewers, shall be at least 10 barrels and shall not exceed 2,500 barrels annually.
XIII. The brew pub shall submit to the liquor commission an annual report of all beverages by:
(a) The brew pub on-site.
(b) Any tenant brewer.
(c) Any contract brewer the brew pub has contracted with under paragraph X.
XIV. All taxes due on product that is made by a contract brewer shall be paid by the brew pub.
4 Contract Brewers; Nano Brewers and Brew Pubs Added. Amend RSA 175:1, XXV-a-XXV-b to read as follows:
XXV-a. "Contract brewer" means a brewery hired by a beverage manufacturer, nano brewery, or brew pub to produce a beverage for the beverage manufacturer.
XXV-b. "Contract brewing arrangement" means a business relationship in which a beverage manufacturer, nano brewery, or brew pub pays another brewer to produce a beverage for the beverage manufacturer, nano brewer, or brew pub for sale.
5 Effective Date. This act shall take effect 60 days after its passage.
21-0327
7/27/21
SB 17- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENTS #2021-0024s and #2021-0322s)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Liquor Fund | |||
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METHODOLOGY:
This bill allows municipalities to adopt ordinances to allow dogs in outdoor areas of brew pubs and enables nano breweries and brew pubs to enter into contracts with contract brewers.
The New Hampshire Liquor Commission indicates the bill may result in additional revenue and additional expenditures for licensing and auditing staff. The Commission is not able to estimate the additional revenue or determine if the additional workload will result in a need for additional staff.
AGENCIES CONTACTED:
Liquor Commission