sb 0076

CHAPTER 204

SB 76-FN - FINAL VERSION

AN ACT requiring attendance in an education and training program by those who obtain a liquor license and relative to applications for one-day liquor licenses.

SPONSORS: Sen. Gordon, Dist 2; Sen. Below, Dist 5; Rep. Leber, Merr 1; Rep. Gabler, Graf 8; Rep. T. Reardon, Merr 23; Rep. Norelli, Rock 31

This bill requires attendance by all new retail liquor licensees at a training program administered by the liquor commission. The commission shall provide the training program without cost to the licensee. This bill also requires that an application for a one-day license for a voluntary nonprofit organization be filed with the liquor commission 15 days before the date on which the license is needed.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT requiring attendance in an education and training program by those who obtain a liquor license and relative to applications for one-day liquor licenses.

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

204:1 Alcoholic Beverages; Liquor Licenses and Fees; Licenses Authorized; Training Required. Amend RSA 178:2 to read as follows:

I. The commission may issue licenses to individuals, partnerships, limited liability companies, or corporations but not to unincorporated associations, on application duly made therefor for the manufacture, sale, offer for sale, or solicitation of orders for sale of liquor or beverages within the state, subject to the limitations and restrictions imposed by this title. They shall keep a full record of all applications for licenses, of all recommendations for and remonstrances against the granting of licenses, and of the action taken on such applications. Nothing in this section shall be construed to limit the commission from implementing a filing system for licensees with multiple locations in New Hampshire.

II. Notwithstanding any other provision of law, the commission shall require all persons who hold a retail license under the provisions of this chapter to attend a training program within 45 calendar days of the issuance of the license. These provisions shall not apply to any person who holds a retail license on the effective date of this paragraph. The commission shall provide the training program without additional fees or cost to the licensee. The commission shall adopt rules, pursuant to RSA 541-A, relative to the administration of the training program.

III. The commission shall develop and provide a training program which shall include, but not be limited to, information on state law, alcohol sales practices, criminal and civil liability, and management practices which are intended to reduce access to alcohol by persons under the age of 21 and overservice of alcohol to patrons.

IV.(a) Within 45 days of the issuance of a retail license, the training program shall be attended by:

(1) The proprietor of a sole proprietorship or a manager designated by the proprietor to attend in lieu of the proprietor.

(2) All partners in a partnership or a manager designated by the partners to attend in lieu of the partners.

(3) An officer of a corporation or a management representative designated by the corporation to attend in lieu of an officer.

(4) A member of a limited liability company or a manager designated by the limited liability company to attend in lieu of a member.

V. The commission shall suspend the license of any person who holds a license under the provisions of this chapter for failure to comply with the requirements of paragraph IV. The license shall not be reissued until the required training is completed.

204:2 Alcoholic Beverages; Liquor Licenses and Fees; On-Sale Cocktail Lounge Licenses; One Day Licenses for Voluntary Nonprofit Organizations; Reference Modified and Application Date Changed. Amend RSA 178:20, V(l)(1) and (2) to read as follows:

(1) Notwithstanding the provisions of RSA 178:2, I, the commission may issue a limited license to any responsible individual representing a voluntary nonprofit group or organization approved by the commission. Such license shall authorize the licensee to sell, on premises approved by the commission, beverages and liquor on the approved premises.

(2) No license shall be issued under subparagraph (l)(1) unless the organization's representative obtains:

(A) Official approval of the chief of the local fire department as to the safety of the premises.

(B) Official approval of the local health department concerning sanitary accommodations.

Written statements from such officials shall accompany the application for the license. Such application shall be filed with the commission [10] 15 days before the date on which the license is needed.