18may00.....4424h

2000 SESSION

00-2610

03/09

SENATE BILL 363

COMMITTEE: Ways and Means

AMENDED ANALYSIS

This bill:

I. Requires the identification of kegs of malt beverages sold directly to consumers.

II. Requires that consumers who purchase kegs of malt beverages sign a receipt prescribed by the liquor commission and makes falsification of the receipt a crime.

III. Amends the requirements governing direct shipper permits for alcohol beverage manufacturers and distributors.

IV. Amends the fee requirements for annual wine and liquor licenses and repeals the registration requirement of wine brand sizes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18may00.....4424h

00-2610

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

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

259:1 New Section; Alcoholic Beverages; Enforcement, Requirements, and Penalties; Kegs of Malt Beverages. Amend RSA 179 by inserting after section 5 the following new section:

179:5-a Sale of Kegs of Malt Beverages; Penalty.

I. The commission by rule shall require the identification of kegs of malt beverages sold directly to consumers who are not licensees of the commission and the signing of a receipt therefor by the purchaser in order to allow the kegs to be traced if the contents are consumed in violation of the Title XIII. The keg identification shall be in a form prescribed by the commission which identifies the seller and which is removable or obliterated when the keg is processed for refilling. The receipt shall be on a form prescribed and supplied by the commission and shall include the purchaser's name, address, and motor vehicle operator's license number, if any. The receipt shall contain a statement that shall be signed by the purchaser that, under penalty of unsworn falsification, the purchaser shall not allow consumption of any malt beverage in the keg in violation of the provisions of RSA 179:5. A copy of the receipt shall be given to the purchaser and the seller shall retain the original receipt for such period as the commission by rule may require.

II. Possession of a keg containing malt beverage, which is not identified as required by paragraph I of this section, shall be a violation.

III. Any person, other than a beverage manufacturer or wholesaler, who removes the identification prescribed by paragraph I shall be guilty of a violation.

IV. A person who signs a receipt described in paragraph I in order to obtain a keg, knowing the receipt to be false, or who falsifies any information required on the receipt, is guilty of unsworn falsification as prescribed by RSA 641:3.

V. As used in this section, "keg" means any brewery-sealed, individual container of malt beverage having a liquid capacity of more than 7 gallons.

259:2 Liquor Licenses and Fees; Direct Shippers; Permits. Amend RSA 178:14-a, I to read as follows:

I.(a) Notwithstanding any law, rule or regulation to the contrary, any person currently licensed in its state of domicile as an alcohol beverage manufacturer, importer, wholesaler or retailer shall apply for a registration permit from the liquor commission [as a direct shipper for a fee of $228 per year].

(b) Applicants for a direct shipper permit shall be exempt from the requirement of RSA 178:1, I, which requires registration with the secretary of state, if the applicant is duly organized and registered to do business under the laws of the state in which the applicant is domiciled.

259:3 Liquor Licenses and Fees; Direct Shippers; Permits; Rulemaking. Amend RSA 178:14-a, VI (a) to read as follows:

(a) The application procedures [and], form, and fee for the direct shipper registration permit authorized under paragraph I.

259:4 Liquor Licenses and Fees; Annual Wine and Liquor Licenses. Amend 178:27, V(c) to read as follows:

(c) Wine vendors:

(1) [Initial license, $228] Sales of less than 1,000 cases per year, $300.

(2) [Sales of less than 1,000 cases per year, $228] Sales of between 1,000 and 5,000 cases per year, $1,500.

(3) Sales of between [1,000] 5,000 and [5,000] 10,000 cases per year, [$1,140] $3,000.

(4) Sales of between [5,000 and] 10,000 and 25,000 cases per year, [$2,256] $6,000.

(5) Sales of [over 10,000 cases per year, $4,800] between 25,000 and 50,000 cases per year, $9,000.

(6) Sales of over 50,000 cases per year, $12,000.

259:5 Repeal. RSA 179:36, relative to registration of wine brand sizes, is repealed.

259:6 Effective Date. This act shall take effect January 1, 2001.

(Approved: June 12, 2000)

(Effective Date: January 1, 2001)