Bill Text: NH HB176 | 2021 | Regular Session | Introduced


Bill Title: Allowing beverages, wine, and mixed drinks to be sold for take out and delivery by restaurants holding an on-premises license.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-03-09 - Retained in Committee [HB176 Detail]

Download: New_Hampshire-2021-HB176-Introduced.html

HB 176  - AS INTRODUCED

 

 

2021 SESSION

21-0160

08/04

 

HOUSE BILL 176

 

AN ACT allowing beverages, wine, and mixed drinks to be sold for take out and delivery by restaurants holding an on-premises license.

 

SPONSORS: Rep. McWilliams, Merr. 27; Rep. Yokela, Rock. 33; Rep. Acton, Rock. 10; Sen. French, Dist 7; Sen. Cavanaugh, Dist 16

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill allows beverages, wine, and mixed drinks to be sold for take out and delivery by restaurants holding an on-premises license.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0160

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT allowing beverages, wine, and mixed drinks to be sold for take out and delivery by restaurants holding an on-premises license.

 

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

 

1  New Section; Sale for Off-Premises Consumption; Beverages, Wine, and Mixed Drinks.  Amend RSA 178 by inserting after section 21 the following new section:

178:21-a  Sale for Off-Premises Consumption; Beverages, Wine, and Mixed Drinks.

I.  Any holder of an on-premises license under RSA 178 may sell beverages, wine, and mixed drinks composed of distilled spirits and mixers for off-premises consumption provided that:

(a) The beverage, wine, or mixed drink is sold in a sealed container.

(b) The beverage, wine, or mixed drink is sold in the same proportion as if it were sold for on-premises consumption.

(c) No beverage, wine, or mixed drink shall be sold to a person under 21 years of age and any delivery of beverages, wine, or mixed drinks to a person for off-premises consumption shall not be made without verification that the person receiving the order has attained 21 years of age.

(d)  The beverage, wine, or mixed drink shall be sold within the same transaction as the purchase of food provided, however, that any order that includes beverages, wine, or mixed drinks shall be placed no later than the hour until the establishment is licensed to sell alcohol or 12:00 a.m., whichever is earlier.

(e) A customer shall be limited to:

(1)  Not more than 2 drinks per entree and not more than 192 ounces of beverages or wine shall be included per transaction.

(2)  Not more than 2 mixed drinks per entrée ordered and not more than 64 fluid ounces of mixed drinks shall be included per transaction.

(f)  If the beverage, wine, or mixed drink in a sealed container is to be transported by a motor vehicle, either by delivery or pickup, the driver of the motor vehicle shall transport the beverage, wine, or mixed drink in compliance with RSA 265-A:44.

II.  In this section, "sealed container” means a packaged container with a secure lid or cap designed to prevent consumption without removal of the lid or cap; provided, however, if the packaged container has a lid with sipping holes or an opening for straws, the container shall be covered or affixed with an additional seal; provided further, that the lid, cap or seal shall be affixed in such a way as to prevent reopening without it being obvious that the lid, cap, or seal was removed or broken; and provided further, that affixing the cap may be completed by the use of tape or other sticking adhesive before sale.

2  Effective Date.  This act shall take effect upon its passage.

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