SB 212-FN - AS AMENDED BY THE SENATE

02/24/2022   0770s

2022 SESSION

22-2968

08/04

SENATE BILL 212-FN

AN ACT relative to liquor manufacturers.

SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Birdsell, Dist 19; Sen. Gannon, Dist 23; Rep. Abel, Graf. 13

COMMITTEE: Commerce

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ANALYSIS

This bill allows for the serving of cocktails by liquor manufacturers using liquor produced by the liquor manufacturers when food is served.

This bill also changes the eligibility of liquor manufacturers to sell liquor at farmers markets.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/24/2022   0770s 22-2968

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to liquor manufacturers.

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

1  Short Title.  This act shall be known as the craft cocktail support act.

2  Liquor Manufacturers; Samples.  Amend RSA 178:6, IV to read as follows:

IV.(a)  A liquor manufacturer may provide to visitors of legal drinking age at its facility samples of liquor manufactured on the premises for tasting.  Samples may be provided either free or for a fee and shall be limited to one 1/2-ounce sample per label per person.  Samples sold under this section shall be subject to fees as established in paragraph VI.  A liquor manufacturer that [produces fewer than 10,000 bottles during their licensing year and that] operates and produces liquor solely within the state may transport to and sell [its products] up to 830 9-liter cases of its products in a calendar year at a farmers market at retail in the original sealed containers and may offer samples as provided in this [paragraph] subparagraph.

(b)  A liquor manufacturer may offer food and nonalcoholic beverages on premises.  A liquor manufacturer that offers food on premises may provide to visitors of legal drinking age at its facility in any area approved by the commission, either free or for a fee, liquor produced on premises by the liquor manufacturer which shall be limited to 1/2 ounce per label and one cocktail per person with no more than 1 1/2 ounces of liquor produced by the liquor manufacturer per cocktail, or 2 cocktails per person with no more than 1 1/2 ounces of liquor produced by the liquor manufacturer per cocktail.  For the purpose of this subparagraph, food and nonalcoholic beverages may be provided by a properly licensed third-party food vendor, prepared on or off the premises.

3  Effective Date.  This act shall take effect July 1, 2022.

LBA

22-2968

Amended 2/28/22

SB 212-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2022-0770s)

AN ACT relative to liquor manufacturers.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill allows for the serving of cocktails by liquor manufacturers using liquor produced by the

liquor manufacturers when food is served.  This bill also changes the eligibility of liquor manufacturers to sell liquor at farmers markets.

The Liquor Commissioner indicates this bill would change the formula on eligibility for liquor manufacturers to participate in farmers markets.  The Commission is uncertain on the rationale used to develop the new formula offered in the bill and cannot predict the impact on revenue to the liquor fund.

In addition this bill would amend the tasting provisions for liquor manufacturers contained in RSA 178:6 from 1/2 oz. per label, per person to 1/2 oz. per label per person plus a cocktail with up to 1-1/2 oz., or  2 cocktails with up to 1-1/2 oz.  The Commission is unable to predict how much additional alcohol will be sold if the bill becomes law.  The liquor manufacturer is required to pay tax on samples in the amount of 8% of the samples sold or 8% of the retail value of the samples.   

AGENCIES CONTACTED:

Liquor Commission