HB 554-FN - AS AMENDED BY THE HOUSE
11Mar2015… 0599h
2015 SESSION
15-0681
03/08
HOUSE BILL 554-FN
AN ACT relative to sales of beer in refillable containers.
SPONSORS: Rep. Williams, Hills 4; Rep. Potucek, Rock 6; Rep. S. Schmidt, Carr 6; Sen. Bradley, Dist 3
This bill authorizes the sale of beer in refillable containers.
This bill was requested by commission to study the sale of beer in refillable containers established in RSA 176:19.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0599h
15-0681
03/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to sales of beer in refillable containers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Standard Refillable Beer Container. Amend RSA 175:1 by inserting after paragraph LXX the following new paragraph:
LXXI. “Standard refillable beer container” means a 64-ounce amber glass container meeting the specifications established by the commission.
2 New Section; Refillable Beer Container Licenses. Amend RSA 178 by inserting after section 31 the following new section:
178:32 Refillable Beer Container Licenses.
I. An on-premises or off-premises licensee maintaining an inventory of at least 200 different beer labels and paying an additional fee of $240 shall be issued a refillable beer container license authorizing the licensee to fill standard refillable containers in accordance with this section.
II. The licensee shall attend a training program approved by the commission within 45 calendar days of the training program’s availability. The training program shall include instructions in the sales, inspection, cleaning, and filling of standard refillable beer containers and sanitation standards for tap lines and equipment.
III. Off-premises licensees shall comply with the following:
(a) The licensee shall designate an area of the premises where at least 3 filling stations shall be permanently installed.
(b) The designated area shall be separated from customers by a counter or other barrier.
(c) Containers may only be filled by the licensee and the licensee’s employees.
IV. If the commission notifies the licensee that a manufacturer objects to sales of its products in refillable containers, the licensee shall not fill any container with beer manufactured by that manufacturer.
V. The licensee may fill only standard refillable beer containers and only during hours established by the commission in rules adopted pursuant to RSA 541-A. The licensee shall comply with sanitation standards for tap lines and containers, if established by the commission in rules.
VI. An open-evident seal or closed package shall be applied by the licensee to the standard refillable beer container after filling.
3 New Paragraph; Standard Refillable Beer Container. Amend RSA 179:33 by inserting after paragraph I the following new paragraph:
I-a. The commission shall establish specifications for standard refillable beer containers. Specifications shall include:
(a) Placement of a rectangular label of indelible white material so that the product and the licensee making the fill may be identified with erasable marker.
(b) Placement of a label containing alcohol consumption warnings, cleaning instructions, a New Hampshire logo design, and information to help locate New Hampshire brewers.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
15-0681
Amended 03/23/15
HB 554-FN FISCAL NOTE
AN ACT relative to sales of beer in refillable containers.
FISCAL IMPACT:
The Liquor Commission states this bill, as amended by the House (Amendment #2015-0559h), will increase state revenue by an indeterminable amount in FY 2016 and each year thereafter, and may increase state expenditures by $105,565 in FY 2016, $81,258 in FY 2017, $84,498 in FY 2018, and $88,011 in FY 2019. There will be no impact on county and local revenue or expenditures.
METHODOLOGY:
The Liquor Commission states this bill allows for additional licensing permitting the sale of beer in refillable containers. Additionally, this bill requires licensees to participate in a Commission provided or approved training program, requires the Commission to notify licensees in the event manufacturers object to the sale of their products in refillable containers, and requires the Commission to establish hours of operation for the sale of beer in refillable containers and specifications for standard refillable containers. The Commission notes the proposed legislation specifies licensees desiring to sell beer in refillable containers must maintain an inventory of at least 200 different beer products and pay a fee of $240 for the additional license. The Commission does not have information necessary to estimate the number of current licensees who in addition to meeting minimum inventory requirements, would desire to obtain the additional license permitting the sale of beer in refillable containers. Accordingly, the Commission is unable to estimate to what extent the passage of the proposed legislation would increase state revenues. Although the bill does not contain an appropriation or establish a position, the Commission states it will need one additional Liquor Examiner II position to absorb the projected workload associated with this bill because current liquor examiners will not have the capacity to do so. The Commission’s estimates are as follows -
FY 2016
FY 2017
FY 2018
FY 2019
Salary (LG 20, step 1)
$41,080
$42,848
$44,595
$46,509
Benefits
$24,985
$26,410
$27,903
$29,502
Current Expenses
$3,000
$3,000
$3,000
$3,000
Equipment
$28,000
$500
$500
$500
Travel
$5,000
$5,000
$5,000
$5,000
Professional Development Training & Overtime
$3,500
$3,500
$3,500
$3,500
Total
$105,565
$81,258
$84,498
$88,011