New Hampshire Alcohol Legislation Update: Growlers, Brewpubs, and Night-Owls

As the New Hampshire legislative session winds down, several key bills on the docket will impact sales opportunities for certain beverage retailers. For those in the business of selling alcoholic beverages, understanding these bills is crucial for optimizing sales opportunities. Below, we break down two bills slated to pass, House Bill 1334 and House Bill 1380-FN, as well as House Bill 1227, which will not pass in this session.

House Bill 1334: Sale of Beer in Refillable Containers (Consent Agenda)

Overview:

House Bill 1334 aims to modernize the sale of beer by expanding growler sales. This bill amends RSA 179:40 by adding a new paragraph that permits licensees authorized to sell beer in refillable containers to fill these containers with their product, regardless of the container's branding.

Key Points:

  • Refillable Containers: Licensees can fill refillable containers with their product even if the containers bear another brand's logo.

  • Flexibility for Retailers and Consumers: This change provides more flexibility for both retailers and consumers, encouraging sustainable practices through the reuse of containers.

  • Immediate Effect: The bill will take effect immediately upon its passage, meaning businesses should prepare for this change as soon as the bill is enacted.

Implications:

For businesses, this means a potential increase in customer engagement through eco-friendly practices and greater convenience. Retailers should consider updating their processes to accommodate refillable containers and training staff on the new regulations.

House Bill 1380-FN: Brew Pub Licenses for On-Premise and Off-Premise Sales (Consent Agenda)

Overview:

HB1380-FN introduces a significant change for brew pub operators by allowing them to hold both on-premises and off-premises licenses, with specific limitations to ensure fair competition and adherence to manufacturing regulations.

Key Points:

  • Dual Licensing: Brew pub licensees can hold both on-premises and off-premises licenses, expanding their sales capabilities.

  • Self-Distribution Limits: Brew pub licensees with these licenses can self-distribute to only one on-premises location they own and are limited to 2,500 barrels of beer and/or cider per licensing period.

  • Manufacturing Restrictions: Brew pub licensees holding these dual licenses cannot possess any other type of manufacturing license under this title.

  • Effective Date: This act is set to take effect on July 1, 2024.

Implications:

This bill opens new revenue streams for brew pubs by allowing them to expand their sales operations. However, businesses must adhere to the self-distribution limits and manufacturing restrictions to remain compliant. Brew pubs should evaluate their production capacities and distribution strategies to maximize the benefits of this bill.

House Bill 1227: Extending Hours of Alcoholic Beverage Sales (Not Passing)

Overview:

House Bill 1227 proposed extending the hours during which on-premises licensees could sell alcoholic beverages. The bill sought to amend RSA 179:17, II(b) to allow sales from 6:00 a.m. to 2:00 a.m. seven days a week, with the possibility of extending to 3:00 a.m. under certain local conditions.

Key Points:

  • Extended Hours: Proposed extension of sales hours from 1:00 a.m. to 2:00 a.m. daily, with potential for 3:00 a.m. sales based on local ordinances.

  • Local Authority: The legislative body of the city or town could authorize sales until 3:00 a.m.

  • Effective Date: The proposed effective date was January 1, 2025.

Implications:

Although this bill will not pass in this session, it highlights an ongoing discussion about extending operating hours for alcoholic beverage sales. Businesses should stay informed about similar future proposals, as changes could significantly impact late-night sales and operational planning.

In conclusion, House Bill 1334 and HB1380-FN present new opportunities and regulations for alcoholic beverage sellers in New Hampshire. By staying informed and adapting to these legislative changes, businesses can continue to thrive while remaining compliant with state laws. House Bill 1227, while not passing this session, is a reminder of the dynamic nature of legislative efforts and the importance of staying engaged with industry developments.

As always, if you have questions about this or any other regulatory development, do not hesitate to reach out!

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