Bill would clarify that legally authorized noncitizen workers may deliver and serve alcohol

Senate Commerce Committee heard testimony on Senate Bill 89, which would clarify that anyone legally authorized to work in the United States may be employed to deliver or sell alcoholic beverages.

Proponents said the change is a statutory modernization that reflects long-standing industry practice and helps the hospitality sector amid workforce shortages. Mike Summers of the New Hampshire Lodging and Restaurant Association said the bill corrects outdated statutory language that had created uncertainty about whether H-2B and J-1 visa workers could serve or deliver alcohol.

"This bill provides clarity by explicitly allowing any noncitizen who is legally authorized to work in The U.S. to also deliver alcohol," a presenter told the committee. The presenter said the change preserves existing safeguards such as age verification and responsible service requirements.

Summers testified that the association worked with liquor enforcement to craft language and offered the committee a proposed revision that would read: "No person except a citizen of the United States or non-United States citizen who is legally authorized to work in the United States shall be employed to sell or deliver any liquor or beverage." He described the measure as housekeeping to align statutory language with established practice.

The committee was told an amendment from Sen. O'Shardi might be forthcoming when the bill is taken up for amendment. No committee vote was taken at the hearing and the committee closed the record on the measure.

No members of the public signed up to speak in opposition during the hearing.