HB 529 — relative to the liquor commission.

(2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may cause health problems." (f) Any individual engaged in the delivery of beverages, wines, and liquor pursuant to this section shall be an employee who regularly receives a W-2 from the on-premises licensee and is at least 21 years of age;

and (g) During deliveries conducted under this section, the person engaged in making the delivery shall acquire a signed receipt from the consumer.

Consumers who appear visibly intoxicated or who a reasonable and prudent person would know are intoxicated, who do not produce identification verifying the consumer's age, or who fail to sign a receipt shall not be entitled to his or her delivery of beverages, wines, or liquor.

III.

No holder of a restaurant delivery license or on-premises license shall deliver any beverages, wines, or liquor to any college, university, or school, whether public or private, located within the state.

No holder of a restaurant delivery license or on-premises license shall deliver any beverages, wine, or liquor to any public library, public playground, or public park.

IV.

A person holding an on-premises license engaged in take-out services may include beverages, wines, and liquor with meals sold to a consumer for consumption by the consumer and not for resale.

The requirements set forth in paragraph II shall apply to any take-out meal sold with beverages, wines, or liquor.

3 Transportation of Beverages and Wine.

Amend RSA 179:15, III - V to read as follows:

III.

[(a) Notwithstanding the provisions of paragraph II, an on-premises licensee may purchase a restaurant delivery license from the commission for $250.

(b) An on-premises licensee in possession of a restaurant delivery license shall only be permitted to transport beverages,beverages liquor, and wines for delivery to consumers subject to the following requirements:

(1) All deliveries of beverages,beverages liquor, and wines shall be accompanied by food prepared by the restaurant delivery licensee and ordered by the consumer;

(2) All deliveries of beverages,beverages liquor, and wine conducted pursuant to this section shall be undertaken during the on-premises licensee's hours of operation and shall be delivered only to areas where the sale of alcoholic beverages is permitted;

(3) All deliveries of beverages,beverages liquor, and wine shall be solely for the personal consumption of the consumer and not for resale;

HB 529 - VERSION ADOPTED BY BOTH BODIES - Page 3 - (4) All beverages and wines transported pursuant to RSA 179:15, II shall be transported in their original, manufactured, sealed containers;

(5) AllAny drinksindividual containingengaged liquorin transportedthe delivery of beverages and wines pursuant to RSAthis 179:15,section II shall be transportedan inemployee awho sealedregularly containerreceives provideda byW-2 from the restauranton-premises deliverylicensee licensee.and is at least 21 years of age;

Theand container(6) shallDuring clearlydeliveries identifyconducted under this section, the licenseeperson fromengaged whichin making the alcoholicdelivery beverageshall wasacquire purchased.a signed receipt from the consumer.

[(5)]Consumers (6)who Anyappear individualvisibly engagedintoxicated inor thewho deliverya ofreasonable beverages,and liquor,prudent andperson wineswould pursuantknow toare thisintoxicated, sectionwho shalldo benot anproduce employeeidentification verifying the consumer's age, or who regularlyfail receivesto sign a W-2receipt fromshall thenot on-premisesbe licenseeentitled andto ishis ator leasther 21delivery years of age;beverages or wine.

and HB 529 - AS INTRODUCED - Page 2 - [(6)] (7)During deliveries conducted under this section, the person engaged in making the delivery shall acquire a signed receipt from the consumer.

Consumers who appear visibly intoxicated or who a reasonable and prudent person would know are intoxicated, who do not produce identification verifying the consumer's age, or who fail to sign a receipt shall not be entitled to his or her delivery of beverages, liquor, or wine.

A person holding an on-premises license engaged in take-out services may include beverages,beverages liquor, and wine with meals sold to a consumer for consumption by the consumer and not for resale.

The requirements set forth in subparagraph III(b) shall apply to any take-out meal sold with beverages,beverages liquor, or wine.

3V.] SubstitutionEvery person operating such a vehicle, when engaged in such transportation or delivery, shall carry a copy of Brand;the license in the vehicle so operated, and shall carry such evidence as the commission by rule may prescribe showing the origin and destination of the beverages and wines being transported or delivered.

RefillingUpon Bottles.demand of any law enforcement officer, investigator, or employee of the commission, the person operating such vehicle shall produce for inspection a copy of the license and the evidence required by this section.

AmendFailure RSAto 179:40produce tosuch readlicense or evidence shall constitute prima facie evidence of unlawful transportationExcept as follows:otherwise provided, beverages and wines may be transported within the state only by a railroad or steamboat corporation or by a person regularly and lawfully conducting a general express or trucking business, and in each case holding a valid carrier's license issued by the commission.

III.Nothing in this section shall prohibit individual retail licensees from arranging for the delivery of wine products to a location central for the parties involved.

Where4 aNew licenseeParagraphs; is authorized the retail sale of beer in a refillable container, or issued an on-premises license pursuant to RSA 178:13, RSA 178:20, RSA 178:20-a, or RSA 178:21, such licensee, at his sole discretion, may fill such refillable container with his product regardless of the branding on the refillable container.

4Prohibited EffectiveSales. Date.

Amend RSA 179:5 by inserting after paragraph I the following new paragraphs:

I-a.

A licensee that violates paragraph I by serving an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated, and such intoxicated person directly causes the serious bodily injury or death of a person or persons, shall be subject to the following minimum penalties:

HB 529 - VERSION ADOPTED BY BOTH BODIES - Page 4 - (a) For the first offense, subject to the limitations of RSA 179:57, I, a suspension of up to 30 days provided that the suspension cannot exceed 10 days if the person in charge, managers, security staff, servers, and clerks have completed liquor commission training within 24 months before the date of violation;

fine of $7,500;

(b) For the second offense within 7 years of the first offense, a license suspension of a maximum of 30 days;

fine of $7,500;

and (c) For the third offense within 7 years of the second offense, the license shall be revoked by the commission.

I-b.

During the period of the license suspension, the licensee shall post a suspension notice distributed and prepared by the commission, on the exterior doors of the premises facing the public and on the public Internet website, if applicable.

The suspension notice shall include the following language, "Liquor license suspended by the New Hampshire Liquor Commission for overserving of alcohol in accordance with RSA 179:5".

5 Effective Date.

HB 529 - VERSION ADOPTED BY BOTH BODIES LBA 25-0839 1/16/26 HB 529- FISCAL NOTE AS AMENDED BY THE HOUSE (AMENDMENT # 2025-3070h) AN ACT relative to the liquor commission.

FISCAL IMPACT:

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Indeterminable Indeterminable Indeterminable Increase Increase Increase Revenue $0 $10,000 to $10,000 to $10,000 to $100,000+ $100,000+ $100,000+ Liquor Fund/General Fund - Liquor revenue is credited to the liquor fund, Revenue Fund(s) with net revenues after expenditures being credited to the state general fund.

General Fund Expenditures* $0 $0 $0 $0 Funding Source(s) None Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:

This bill authorizes on-premises licensees to purchase a $250 annual restaurant delivery license to deliver beverages, wine, and alcoholic beverages containing liquor when accompanied by food orders, subject to specified packaging, labeling, delivery, and identification requirements.

The bill also restores penalties for overserving alcohol.

The Liquor Commission states this bill will increase state revenue beginning in FY 2027 by expanding the restaurant delivery license to allow the delivery of beer, wine, and alcoholic beverages containing liquor with food orders.

There are currently 30 active restaurant delivery licenses, generating $7,500 annually at $250 per license.

The Commission expects that allowing delivery of liquor drinks, which offer higher potential profit margins, will encourage additional eligible on-premises licensees to apply for the license, particularly in the first year.

However, participation levels and long-term renewals are uncertain, as businesses will determine over time whether the license is profitable.

As a result, the Commission estimates additional licensing revenue will be indeterminable but between $10,000 and $100,000 or less per fiscal year.

The Commission states there will be no increase in state expenditures, as any additional workload can be absorbed within existing resources.

Lastly, expanded delivery of liquor drinks subject to the Meals and Rooms Tax may result in an indeterminable increase in state General Fund revenues.

The magnitude of any increase cannot be estimated because the number of sales, pricing of drinks, and consumer demand for delivery are unknown.

AGENCIES CONTACTED:

Liquor Commission