Bill Text: NH HB1708 | 2020 | Regular Session | Introduced


Bill Title: Relative to certain liquor license fees and establishing 2 liquor investigator positions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-06-01 - Committee Report: Ought to Pass with Amendment # 2020-1018h (Vote 14-8; Regular Calendar) House Calendar 23 P. 9 [HB1708 Detail]

Download: New_Hampshire-2020-HB1708-Introduced.html

HB 1708-FN-A - AS INTRODUCED

 

 

2020 SESSION

20-3108

10/06

 

HOUSE BILL 1708-FN-A

 

AN ACT relative to certain liquor license fees and establishing 2 liquor investigator positions.

 

SPONSORS: Rep. Almy, Graf. 13; Rep. Martin, Hills. 23; Rep. Major, Rock. 14; Rep. Abrami, Rock. 19; Sen. Feltes, Dist 15

 

COMMITTEE: Ways and Means

 

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ANALYSIS

 

This bill makes changes to liquor license fees for agency licenses and retail tobacco licenses and clarifies certain other liquor license fee provisions.  The bill also authorizes 2 full-time, classified, liquor investigator positions in the liquor commission, division of enforcement and licensing.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3108

10/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to certain liquor license fees and establishing 2 liquor investigator positions.

 

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

 

1  New Section; State Liquor Stores; Agency Store.  Amend RSA 177 by inserting after section 9 the following new section:

177:9-a  Agency Liquor Store; License Fee.  The fee for an agency store license shall be as determined in RSA 178:29, II(c).

2  Liquor Licenses; Off-Premises Fees.  Amend the introductory paragraph of RSA 178:29, II to read as follows:

II.  Off-premises licenses shall pay one of the following applicable fees annually:

3  New Subparagraph; Liquor Licenses; Retail Tobacco.  Amend RSA 178:29, II by inserting after subparagraph (d) the following new subparagraph:

(e)  Retail tobacco license:

(1)  1 register $336

(2)  2-3 registers $540

(3)  4 or more registers $812

4  Repeal; Liquor License Fee; Retail Tobacco.  RSA 178:29, V-a(a), relative to the fee for a retail tobacco license, is repealed.

5  Retail Tobacco License.  Amend RSA 178:19-a to read as follows:

178:19-a  Retail Tobacco License.

I.  The commission may issue a retail tobacco license to a person engaged in the business of retail sales and distribution of tobacco products including e-cigarettes in this state.  Each retail outlet shall have a separate license regardless of the fact that one or more outlets may be owned or controlled by a single person.

II.  A retail tobacco license shall be prominently displayed on the premises described in it.

III.  The commission, when issuing or renewing a retail tobacco license, shall furnish a sign which shall read or be substantially similar to the following: "State Law prohibits the sale of tobacco products or e-cigarettes to persons under age 19.  Warning:  violators of these provisions may be subject to a fine."

IV.  All sales of tobacco, including e-cigarettes, shall be recorded on cash registers.  No additional registers shall be added during the remainder of the year without prior approval of the commission.  No rebate shall be allowed for cash registers discontinued during the license year.

V.  The fee for a retail tobacco license shall be as determined in RSA 178:29, II(e).

6  On-Premises Cigar, Beverage, and Liquor License.  Amend RSA 178:20-a, I to read as follows:

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.

7  New Paragraph; On-Premises Cigar, Beverage, and Liquor License; Fee.  Amend RSA 178:20-a by inserting after paragraph IV the following new paragraph:

V.  The fee for an on-premises cigar, beverage, and liquor license shall be as determined in RSA 178:29, I.

8  New Paragraph; Combination License; Fee.  Amend RSA 178:18 by inserting after paragraph III the following new paragraph:

IV.  The fee for a combination license shall be as determined in RSA 178:29, II(b).

9  New Paragraph; Retail Wine License; Fee.  Amend RSA 178:19 by inserting after paragraph IV the following new paragraph:

V.  The fee for a retail wine license shall be as determined in RSA 178:29, II(a).

10  New Paragraph; Beer Specialty License; Fee.  Amend RSA 178:19-d by inserting after paragraph VI the following new paragraph:

VII.  The fee for a beer specialty license shall be found in RSA 178:29, II(d).

11  Applicability.  The provisions of sections 1-10 of this act shall be applicable on the first day of the month following its effective date.

12  Liquor Commission; Positions Established; Investigators.  Pursuant to RSA 176:9, there are hereby established within the liquor commission, division of enforcement and licensing, 2 full-time, classified, liquor investigator positions.  The salary and benefits costs for the positions shall be a charge against the liquor fund.

13  Contingency; Funding for Investigators.  The first investigator position established in section 12 of this act shall only be filled when, as determined by the liquor commission, the liquor fund has received sufficient additional revenue, in a consecutive 6-month period after the increase to retail tobacco license fees under RSA 178:29, II(e) as inserted by this act, to fund one-half of the annual cost of that position.  The second investigator position shall only be filled after the liquor fund has received, as determined by the liquor commission, further additional revenue from such retail tobacco license fees in a consecutive 12-month period, to fund both the remaining cost of the first investigator and one-half of the annual cost of the second investigator.

14  Effective Date.

I.  Sections 1-10 of this act shall take effect 60 days after its passage.

II.  The remainder of this act shall take effect upon its passage.

 

LBAO

20-3108

12/20/19

 

HB 1708-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to certain liquor license fees and establishing 2 liquor investigator positions.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Liquor Fund

 

 

 

 

 

METHODOLOGY:

This bill makes changes to liquor license fees for agency licenses and retail tobacco licenses and clarifies certain other liquor license fee provisions.  The bill also authorizes 2 full-time, classified, liquor investigator positions in the liquor commission, division of enforcement and licensing.

 

The Liquor Commission states this bill creates a new process, provides clarity and establishes new fees within RSA 178:29 for the licensure of retail tobacco outlets based on the number of cash registers.  The bill adds e-cigarettes to RSA 178:19-a concerning retail tobacco licenses and adds liquor investigator positions contingent upon the Commission receiving sufficient additional revenue from the proposed higher license fees.  The first investigator position is authorized when the Commission determines the additional revenue from the higher fees received in a consecutive 6-month period is sufficient to fund one-half of the annual cost of the position.  The second investigator position is authorized when the additional revenue generated in a consecutive 12-month period is sufficient to cover the remaining cost of the first investigator position and one-half of the cost of the second position.  The Commission provided the following cost information for an additional investigator position:

 

Investigator I, Labor Grade 19

Year 1

Year 2

Year 3

Salary

$50,800

$52,900

$55,200

Benefits

$34,900

$36,700

$38,600

Subtotal Salary & Benefits:

$85,700

$89,600

$93,800

Other Expenses

 

 

 

Equipped Vehicle

$33,200

$0

$0

Annual Vehicle Maintenance

$2,000

$2,000

$2,000

Other Equipment

$12,000

 $0

$0

Fuel

$1,200

$1,200

$1,200

Other Expenses

$600

$600

$600

Subtotal Other Expenses:

$49,000

$3,800

$3,800

 

 

 

 

Total Cost:

$134,700

$93,400

$97,600

 

The current annual tobacco license fees, which would be repealed, are $6 for a retail tobacco license, $35 for a vending machine license, plus $6 for each machine, and $6 for a tobacco sampling license.  The proposed retail tobacco fees are $336 for one cash register, $540 for 2-3 registers and $812 for 4 or more registers.  The Commission does not have information on how much additional fee revenue will be generated or when the additional revenue would be sufficient to fund one-half of the first investigator position, or when the additional revenue would cover the remaining cost of the first position and half of the cost of the second position.

 

It is assumed the fiscal impact of this bill will not occur until FY 2021.

 

AGENCIES CONTACTED:

Liquor Commission

 

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