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Subcommittee debates 'tavern' license; members seek town‑level approval language and higher fees to cover enforcement

February 18, 2025 | Commerce and Consumer Affairs, House of Representatives, Committees , Legislative, New Hampshire


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Subcommittee debates 'tavern' license; members seek town‑level approval language and higher fees to cover enforcement
A Commerce and Consumer Affairs subcommittee spent substantial time debating a proposed "tavern" liquor license that would allow alcohol‑only establishments without a food requirement. No final subcommittee vote on the bill was taken; members asked staff to draft amendments requiring affirmative town approval before issuing tavern licenses and to refine licensing fees to reflect local enforcement costs.

Danielle Ellison, deputy chief of New Hampshire Liquor Enforcement, described the proposal’s age restriction: “The reason we did 21 plus is, there's no food. There's only alcohol.” She said the proposed new license could create nightclubs or late‑night establishments because the draft does not by itself limit live entertainment or operating hours. Ellison confirmed the commission currently notifies towns of applications and that local input triggers a hearings process.

Committee members expressed concerns about public safety, local control, and potential for favoritism. Several legislators said they wanted explicit statutory language requiring a town to affirmatively vote to allow tavern licenses before applications would be accepted; one member suggested lifting ballot language used in a prior social‑district statute as a model. Members also pressed whether towns could cap the number of taverns; staff and enforcement representatives said municipalities already can object during the licensing process and can impose local limits in some statutory contexts.

Licensing fee and enforcement costs drew extended comment. The committee discussed raising the fee above the current top liquor fee ($12.80 is the highest existing fee mentioned in committee) and one suggestion in the hearing put a tavern fee at $6,400 (a multiple of current top fees). Law enforcement representatives said local policing resources and life‑safety oversight for establishments without food are greater than for typical on‑premise licenses, and recommended fees reflect that burden.

Several local officials and commission staff urged that draft language require towns to expressly permit tavern licenses, rather than relying on the current notice-and-object process. Committee members agreed to draft statutory language making issuance contingent on an affirmative town vote or warrant-article approval; staff will prepare a statutory amendment for future consideration.

Key items discussed

- Age limit: proposed tavern license would be 21+, per Liquor Enforcement explanation, because venues would be alcohol‑only.
- Town approval: members directed staff to add language requiring an affirmative municipal vote or formal local approval before the commission may issue a tavern license in that municipality.
- Fee/enforcement: committee discussed a license fee materially higher than current top fees to cover increased enforcement and life‑safety costs; $6,400 and a multiplier of the current $12.80 top fee were raised as options.
- Operations: license would not prohibit serving food, but a tavern could operate without a full kitchen; health and building codes and local permitting would still apply.

Next steps: staff will draft amendment language to require town-level affirmative approval and propose a fee structure; committee will revisit the bill after staff and commission input.

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