HB 432-FN – AS INTRODUCED
2007 SESSION
03/10
HOUSE BILL 432-FN
AN ACT relative to age requirements for cocktail lounges.
SPONSORS: Rep. Velez, Hills 12; Rep. Jeudy, Hills 10
This bill raises the minimum age at which a person may be in a cocktail lounge without a parent, legal guardian, or adult spouse from 18 to 21.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0288
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to age requirements for cocktail lounges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 On-Premises Cocktail Lounge Licenses; Minimum Age. Amend RSA 178:22, II to read as follows:
II. No person under the age of [18] 21 shall be in the cocktail lounge unless accompanied by a parent, legal guardian, or adult spouse.
2 Caterers. Amend RSA 178:22, V(e)(1)(A) to read as follows:
(1)(A) The commission may issue a cocktail lounge license to any caterer with on-site permanent kitchen facilities and permanent dining facilities capable of seating 100 persons or more. Such license shall allow the licensee to serve liquor and beverages with or without meals to members of a private party in any room of such on-site catering facility designated by the commission. For the purposes of this paragraph, persons under the age of [18] 21 shall be allowed in rooms where beverages and liquor are served without a parent or guardian present. Such lounge license may allow the licensee to serve liquor and beverages on the premises of any public building approved by the commission. Licenses shall be granted only to such caterers as the commission, at its discretion, shall approve and then only to such caterers as shall show the commission on forms and under rules adopted by the commission that at least 50 percent of their combined food and liquor and beverage sales shall fall within the category of food. Caterers with annual food sales of $100,000 or more shall be exempt from the 50 percent requirement. Caterers shall notify the commission not less than 5 days in advance of a function specifying date and time of the scheduled function. Notwithstanding any other provision of law, a caterer, with the approval of the commission, may subcontract for the cooking, preparing or serving of food pursuant to the caterer’s liquor license. The commission shall adopt rules in accordance with RSA 541-A to carry out the provisions of this subparagraph. New premises or locations shall be approved by the commission 10 days before the scheduled events.
3 Caterers. Amend RSA 178:22, V(e)(2) to read as follows:
(2) The commission may issue a license to any person operating an off-site catering service or any person holding a full service restaurant license, hotel full service restaurant, or convention center license to conduct an off-site catering business on the premises of other licensed establishments or the premises of any public building approved by the commission. For the purposes of this paragraph, persons under the age of [18] 21 shall be allowed in rooms where liquor and beverages are sold. A license issued under the provisions of this paragraph shall allow the licensee to serve liquor and beverages with or without meals to members of a private party contracting for such service. Such caterers shall notify the commission not less than 5 days in advance of a function specifying the date, time, and location of the scheduled function. New premises and locations shall be approved by the commission at least 10 days before the scheduled event.
4 Veterans’ Clubs, Private Clubs, and Social Clubs. Amend RSA 178:22, V(h)(2) to read as follows:
(2) No person under the age of [18] 21 shall be in any room where liquor and beverages are sold, except persons under the age of [18] 21 shall be allowed in rentable rooms approved by the commission when beverages and liquor are served without a parent or guardian present at such times the club is using a supplemental license.
5 Vessels. Amend RSA 178:22, V(s)(1)(B) to read as follows:
(B) Any licensee may open its vessel to school groups, youth organizations, or other gatherings of persons under the age of [18] 21 years, for functions of a limited duration during which time all liquor and beverages shall not be made available to patrons and during which time all liquor and beverages shall either be removed from the vessel or be locked and unaccessible to persons other than employees approved by the commission. Any licensee who opens its vessel to groups under age [18] 21 shall give written notice to the commission of such function at least 5 business days prior to the function. The provisions of RSA 178:22, II shall not apply during these functions.
6 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0288
1/8/07
HB 432-FN - FISCAL NOTE
AN ACT relative to age requirements for cocktail lounges.
FISCAL IMPACT:
The Liquor Commission determined this bill may decrease state general fund revenue by an indeterminable amount in FY 2008 and each year thereafter. The fiscal impact of this bill on county and local revenue or state, county, and local expenditures are indeterminable.
METHODOLOGY:
The Liquor Commission states this bill raises the minimum age at which a person may be in a cocktail lounge without a parent, legal guardian, or adult spouse from 18 to 21. The Commission states this bill may encourage restaurants that have lounge licenses to obtain a restaurant license only, a loss of $360 per year for each licensee that chooses not to obtain or renew a lounge license. The Commission states there are 980 lounge licenses held by social clubs, hotels, restaurants, golf facilities, performing arts facilities, race tracks, convention centers, catering sites, veteran’s clubs, and sports entertainment facilities. The Commission cannot project how many lounge licensees may switch to the lower cost restaurant license.