CHAPTER 313

HB 392-FN – FINAL VERSION

18Feb2009… 0286h

09Apr2009… 1147h

05/13/09 1629s

2009 SESSION

09-0643

03/01

HOUSE BILL 392-FN

AN ACT establishing an on-premises cigar, beverage, and liquor license.

SPONSORS: Rep. Hunt, Ches 7; Rep. Butler, Carr 1

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill establishes an on-premises cigar, beverage, and liquor license.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Feb2009… 0286h

09Apr2009… 1147h

05/13/09 1629s

09-0643

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT establishing an on-premises cigar, beverage, and liquor license.

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

313:1 New Section; On-Premises Cigar, Beverage, and Liquor Licenses. Amend RSA 178 by inserting after section 20 the following new section:

178:20-a On-Premises Cigar, Beverage, and Liquor Licenses.

I. The commission may issue a license to a person who operates a cigar bar as defined in this section and who holds a tobacco retailers license under RSA 178:19-a in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). The license shall entitle the licensee to serve beverages containing at least 1/2 percent and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit by the glass or other suitable container and by the bottle with the cork or cap removed; specialty beer in any suitable container; liquor containing more than 6 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container; and wines, by the glass, by the bottle with the cork or cap removed; or other suitable container, under rules adopted by the commission.

II. In this section, “cigar bar” means a business that:

(a) Generates 60 percent or more of its quarterly gross revenue from the sale of cigar-related products, which is limited to cigars, humidors, cigar cutters, cigar cases, lighters, and ashtrays. Mail order and Internet sales, as well as revenue generated from other tobacco sales in store, including cigarettes and loose tobacco sales, shall not be used to determine whether an establishment satisfies the definition of a cigar bar.

(b) Has a humidor on the premises.

(c) Does not allow minors to enter the premises.

(d) Does not allow cigarette smoking or service of food on the premises.

III. No beverage or liquor shall be consumed on the premises except that which is sold by the licensee.

IV. All applicants for employment at a cigar bar shall be presented with a written notice that states that working in a cigar bar has serious and permanent negative health effects, including, but not limited to, an increased risk of cancer and heart disease, and that no level of exposure to second-hand smoke is safe.

313:2 On-Premises License Fees. Amend RSA 178:29, I to read as follows:

I. On-premises licensees shall pay the following applicable fees annually:

 

Supplemental Only

Beverages and Wine

Beverages and Liquor

Cocktail Lounge

 

 

 

 

 

Airport

 

 

 

$1,200

Ballroom

$45

 

 

$1,200

Bed and Breakfast

 

$480

$840

 

Beer Festival

 

 

 

 

One-day

$250

 

 

 

Two-day

$300

 

 

 

Three-day

$350

 

 

 

Catering (all)

 

 

 

$1,200

Catering (off-site only)

 

 

 

$840

Catering (on-site only)

 

 

 

 

18 events

$5

 

 

 

36 events

$5

 

 

 

52 events

$5

 

 

 

Club Military

 

 

 

$100

Club Social

 

 

 

 

9 events

$250

 

 

 

18 events

$450

 

 

 

36 events

$750

 

 

 

52 events

$1,200

 

 

 

Club Private

 

 

 

$1,200

Club Veterans

 

 

 

 

9 events

$250

 

 

 

18 events

$450

 

 

 

36 events

$750

 

 

 

52 events

$1,200

 

 

 

College Club

 

 

 

$1,200

Convention Center

 

 

 

$2,400

Dining Car

 

$ 480

 

$ 840

Fairs

 

$ 112

 

 

Hotel

 

$ 840

 

$1,200

One day License

 

 

 

$ 100

Performing Arts

 

 

 

$ 360

Racetrack/Motor Vehicle

 

 

 

$1,800

Racetrack/Pari-Mutuel

 

 

 

$3,000

Rail Cars

 

 

 

$1,200

Restaurant

 

$ 480

$ 840

$1,200

Special License

 

 

$ 25

 

Sports/Entertainment Complex

 

 

 

$1,800

9 events

$ 250

 

 

 

18 events

$ 450

 

 

 

36 events

$ 750

 

 

 

52 events

$1,200

 

 

 

Sports Recreation Facility

 

 

 

$1,200

Tobacco Retailer

 

 

$840

 

Vessel

 

$ 480

$ 840

$1,200

313:3 Effective Date. This act shall take effect January 1, 2010.

Approved: August 7, 2009

Effective Date: January 1, 2010