CHAPTER 49

HB 171 – FINAL VERSION

4Jan2012… 2613h

2012 SESSION

11-0548

03/10

HOUSE BILL 171

AN ACT relative to restrictions on liquor licenses.

SPONSORS: Rep. Packard, Rock 3; Rep. Holden, Hills 4

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill prohibits the liquor commission from imposing restrictions on on-premises licenses relating to clothing or appearance of patrons or employees. This bill also authorizes enforcement actions by the liquor commission against licensees whose premises are regularly the site of violence.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4Jan2012… 2613h

11-0548

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to restrictions on liquor licenses.

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

49:1 New Section; Liquor Licenses; Restrictions Prohibited. Amend RSA 178 by inserting after section 4 the following new section:

178:4-a Restrictions Prohibited. The commission shall not require, as a condition for issuing, renewing, or continuing any on-premises license, or as part of an agreement with an on-premises licensee, that the licensee impose restrictions on any clothing, sign, symbol, logo, letter, physical marking, or tattoo of any patron or employee.

49:2 Suspension or Revocation; Administrative Fines. Amend RSA 179:57, I to read as follows:

I. The commission shall cause frequent inspections to be made of all the premises with respect to which any license has been issued under the provisions of this title. If any licensee violates any of the provisions of law or any of the rules of the commission adopted under this title or fails to superintend in person or through a manager approved by the commission the business for which the license was issued or allows the premises with respect to which the license was issued to be used for any unlawful purposes or knowingly designates to be in charge of the premises any person who has been convicted of a felony, unless the person has been approved by the commission pursuant to RSA 179:23, V, or otherwise fails to carry out in good faith the purposes of this title or if the premises are regularly the site of violence the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36. Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $5,000 for any one offense. Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.

49:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 14, 2012

Effective Date: July 13, 2012