178:1 Licenses Required; Enforceability of Contracts.
I. No person shall manufacture for sale, or sell in any method or manner, directly or indirectly, or distribute by selling, transferring, giving, or delivering to another, or leaving, bartering, or exchanging with another, or offering or agreeing to do the same, in any method or manner, directly or indirectly, or keep for sale any liquor or beverage without first registering to do business with the secretary of state and obtaining a license for such activity under the provisions of this title. Any violation of this section shall be a class B felony for each violation.
II. Any name or trade name displayed outside a business licensed under this chapter shall be registered with the secretary of state by the applicant for the licenses issued under this title. If the name or trade name is owned by someone other than the user, the user shall obtain the consent to use that name or trade name from the registered owner.
III. Any person applying for a liquor and wine representative license shall have been a New Hampshire resident, or shall have at least one director, officer, or partner who has been a New Hampshire resident for at least 3 years immediately preceding the date of the application.
IV. All contracts and agreements entered into by liquor and wine representatives shall be enforceable under New Hampshire laws and shall have termination notices of not less than 60 days.
V. Notwithstanding any other provisions of law, each club-bottle as defined in RSA 175:1, XVII shall register to do business with the secretary of state. Nothing contained in this chapter shall be construed to permit the operator of a club-bottle to sell beverage or liquor, directly or indirectly, or otherwise replace beverage or liquor, consumed by persons over 21 years of age and holding lawful title, for a fee or anything of value.
VI. No person shall sell tobacco products or e-cigarettes to individuals or the public in any method or manner, directly or indirectly, or keep for sale any tobacco products or e-cigarettes without first registering to do business with the secretary of state and obtaining a license for such activity under the provisions of this title. The commission shall provide a list of persons licensed under this section to the commissioner of the department of revenue administration upon request.
VII. No educational, political, charitable, or other nonprofit organization shall be required to obtain a license from the commission to offer wine and/or liquor for auction in order to fundraise for such organization so long as the total retail value of the wine and/or liquor offered for auction is $500 or less.
Source. 2003, 231:13. 2008, 341:12, eff. Jan. 1, 2009. 2014, 101:1, eff. Aug. 10, 2014. 2019, 346:114, eff. July 1, 2019.
178:2 Licenses Authorized; Training Required.
I. The commission may issue licenses to individuals, partnerships, limited liability companies and partnerships, or corporations but not to unincorporated associations, on applications duly made therefor for the manufacture, warehousing, sale, offer for sale, or solicitation of orders for sale of liquor or beverages and for retail sales of tobacco products or e-cigarettes within the state, subject to the limitations and restrictions imposed by this title. The commission shall keep a full record of all applications for licenses, of all recommendations for and remonstrances against the granting of licenses, and of the action taken on such applications.
II. Notwithstanding any other provision of law, the commission shall require all persons who hold a retail license under the provisions of this chapter to attend a training program within 45 calendar days of the issuance of the license. These provisions shall not apply to any person who holds a retail license on the effective date of this paragraph. The commission shall provide the training program without additional fees or cost to the licensee. The commission shall adopt rules, pursuant to RSA 541-A, relative to the administration of the training program.
III. The commission shall develop and provide a training program which shall include, but not be limited to, information on state law, alcohol sales practices, criminal and civil liability, and management practices which are intended to reduce access to alcohol by persons under the age of 21 and overservice of alcohol to patrons.
IV. (a) Within 45 days of the issuance of a retail license, the training program shall be attended by:
(1) The proprietor of a sole proprietorship or a manager designated by the proprietor to attend in lieu of the proprietor.
(2) All partners in a partnership or a manager designated by the partners to attend in lieu of the partners.
(3) An officer of a corporation or a management representative designated by the corporation to attend in lieu of an officer.
(4) A member of a limited liability company or a manager designated by the limited liability company to attend in lieu of a member.
(b) Prior to the effective date of a one-day license, the training program shall be attended by a management representative of the applicant. If 2 or more one-day licenses are issued to the same applicant during any 12-month period, the management representative of the applicant shall be required to attend the training program only once during that 12-month period.
V. The commission may suspend, pursuant to RSA 541-A:30, III, the license of any person who holds a license under the provisions of this chapter for failure to comply with the requirements of paragraph IV. The license shall not be reissued until the required training is completed.
Source. 2003, 231:13. 2004, 142:1. 2008, 341:13, eff. Jan. 1, 2009. 2019, 346:115, eff. July 1, 2019.
178:2-a Temporary Licenses. The director of licensing may issue a temporary form of any license authorized by this chapter. Temporary licenses shall be valid for the period specified in the license, which shall not exceed 90 days. Temporary licenses may not be renewed. Persons seeking a temporary license under this section shall file an application with the director of licensing which is in such form and contains such information as the commission may establish by rule consistent with the purposes of this chapter.
Source. 2010, 310:2, eff. Sept. 11, 2010.
178:3 License Applications, Qualifications, and Renewal.
I. Persons seeking a license under this chapter shall file an application with the commission which is in such form and contains such information as the commission may establish by rule consistent with the purposes of this chapter.
II. The commission shall establish application fees which are sufficient to recover the fully distributed costs of processing and investigating each type of license application required. All applications shall be processed in accordance with RSA 541-A:29. Only United States citizens, registered resident aliens, partnerships, or limited liability companies, limited liability partnerships, or corporations currently registered with the secretary of state to do business in New Hampshire shall be licensed under this chapter.
III. All license applications shall be made in the name of the proposed licensee and shall be signed and sworn to by the proposed licensee. In the case of a partnership, limited liability company or partnership, or corporate applicant, the application shall be signed and sworn to by all partners or an officer of the proposed licensee, or in the case of a limited liability company or partnership by each member if a natural person, or by a duly appointed representative of the membership if any other person, or by the manager of the limited liability company.
IV. An applicant intending to employ a trade name in the proposed business shall submit evidence with its application which demonstrates that the trade name is currently registered in New Hampshire.
V. The commission shall receive and evaluate sufficient information to identify and evaluate the qualifications of all persons with the de jure or de facto right to control the operations and policies of the proposed licensee. Among other things, license applications shall disclose fully and accurately:
(a) The applicant's identity, the applicant's permanent residence address in the case of an individual, and the applicant's principal place of business.
(b) The names and addresses of any persons who own or have a right to control any interest in the proposed licensee.
(c) Any agency agreement or other contract between the applicant and third persons intended to affect the operation of the proposed business, and the identity of the third party involved.
(d) The name, location, physical layout, and nature of the proposed business.
(e) Any substantial business interests involving the manufacture, sale, or distribution of liquor or beverages held by any person identified pursuant to subparagraph V(b).
(f) All licenses issued to and all other license applications filed by the applicant, and by any person identified pursuant to subparagraph V(b), pursuant to this title during the previous 5 years.
VI. No license shall be issued under this chapter to any person who has been convicted of a felony, or to any partnership, limited liability company or partnership, or corporation when a partner, director, officer, member, or any other person with a controlling interest in the operation of the business has been convicted of a felony.
VII. The commission shall not issue a license under this chapter unless it is satisfied that:
(a) The application is complete in all respects.
(b) The applicant and any person listed pursuant to subparagraph V(b) are at least 21 years of age and the applicant is of sufficiently good character to leave no substantial doubt that the proposed business shall be operated in strict accordance with all applicable state and federal alcoholic beverage control laws and rules.
(c) The applicant has accurately disclosed its interests in other business activities, and there is no substantial likelihood that these interests would interfere with the operation of the proposed business in a lawful manner and in accordance with the provisions of this chapter. Any application may be denied if the proposed licensee, or a person with a substantial ownership interest in the applicant, has other business interests in this or any other state which the commission believes would create unreasonable opportunities for unfair competition or unlawful activities, or which would unduly hinder the commission in exercising its regulatory and financial responsibilities.
(d) In the case of corporate, limited liability company or partnership, or partnership applicants controlled by persons who do not reside in the United States, the proposed business would not be managed in a manner which would unduly hinder the commission from exercising its regulatory and financial responsibilities. Inaccessibility of relevant records or unresponsiveness to nondiscriminatory commission inquiries which result from foreign control shall be grounds for revoking or suspending a license which has already been granted.
(e) [Repealed.]
(f) The proposed location of the business is an appropriate one, considering the nature of the business, the nature of the surrounding neighborhood, and the number of similar businesses in that neighborhood.
VIII. All license applications shall be updated and amended within 30 days following any change in the information stated in the application. This obligation shall continue after the application has been granted. Failure to notify the commission of such changes shall be grounds for denying a pending application or revoking or suspending a license which had already been granted.
IX. A transfer of the right to control a corporate, limited liability company or partnership, or partnership applicant or existing licensee requires prior commission approval. Minor ownership changes, and changes in corporate, limited liability company or partnership, partnership, or trade names which do not involve ownership change shall be automatically approved upon the filing of appropriate documentation.
IX-a. The director of licensing shall review each license application and submit to the commission a written recommendation on whether the license should be granted or denied. Upon deciding to grant or deny a license, the commission shall issue written findings stating its reasons for the decision.
X. Any applicant denied a license under this chapter shall be granted a hearing by the commission, upon the applicant's request.
XI. There shall be no presumption that any liquor license shall be renewed. The commission shall review all license requests for renewal, and shall not renew any license unless the licensee meets all of the current requirements for the issuance of a license. The commission may consider the licensee's record of violations, the manner in which the licensee has operated during the term of the license, the effect of the license on the neighborhood or community, and any other facts presented at the renewal hearing in determining whether to renew the license.
Source. 2003, 231:13. 2010, 310:3, eff. Sept. 11, 2010. 2017, 118:1, 2, I, eff. Jan. 1, 2018.
178:4 Exception. Notwithstanding the provisions of RSA 178:3, the commission may issue liquor and beverage licenses to a person who has been convicted of a felony, other than abduction, arson, incest, manslaughter in the first degree, mayhem, murder, rape, robbery, or trafficking in drugs, provided that not less than 5 years shall have passed since such person completed his or her sentence or was placed on parole or probation, and, upon state and federal criminal history checks, the commission is satisfied that during this interim period the person has led an exemplary life, has no legal criminal actions pending, and has not been convicted of any further crime except for minor traffic violations.
Source. 2003, 231:13. 2008, 341:14, eff. Jan. 1, 2009.
178:4-a Restrictions Prohibited. The commission shall not require, as a condition for issuing, renewing, or continuing any on-premises license, or as part of an agreement with an on-premises licensee, that the licensee impose restrictions on any clothing, sign, symbol, logo, letter, physical marking, or tattoo of any patron or employee.
Source. 2012, 49:1, eff. July 13, 2012.
178:5 Insurance for Liquor Liability.
I. If the commission finds that a licensee or applicant has twice within 24 months violated RSA 179:5 under circumstances not involving enforcement activity initiated solely for the purpose of verifying noncompliance with RSA 179:5, the commission may require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant furnish sufficient security for liquor liability of the licensee of up to a limit of $100,000 for any one person and $300,000 for all persons per incident. Such security may be provided by:
(a) A continuous certificate of an insurance company or surety company authorized to transact business in this state, attesting to such coverage, which shall remain in effect unless cancelled or non-renewed in accordance with RSA 417-C, with a copy of notice of cancellation or non-renewal provided to the commission; or
(b) The deposit with the commission of money or securities satisfactory to the commission. Such securities shall be of a type which may be legally purchased by a savings bank or trust funds. Money or securities so deposited shall be subject to execution to satisfy judgment for liquor liability, but otherwise shall not be subject to attachment or execution.
II. The commission shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria necessary for a certificate of insurance for liquor liability to be required for the issuance of a liquor license.
Source. 2003, 231:13, eff. July 1, 2003.
178:6 Liquor Manufacturer License.
I. A liquor manufacturer licensee must ferment and distill liquor from raw materials, and may blend, age, and bottle those liquors or wine produced at the licensed premises in this state. A liquor manufacturer licensee may sell the liquor it manufactures to the commission for resale in this state and may transfer in bond to other licensed rectifiers, wine manufacturers, and liquor manufacturers.
II. No liquor manufactured, blended, or bottled in this state by any manufacturer shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.
III. Each liquor manufacturer shall have the right to sell at retail at its licensed manufacturing facility no more than the equivalent of 3,000 9-liter cases for off-premises consumption any of its liquor. Each retail sale shall be limited to one 9-liter case or less per sale. No liquor manufacturer shall sell more than 12 9-liter cases of liquor to any one customer in any calendar year.
III-a. Each liquor manufacturer distilling less than 1,000 cases of liquor per year may sell at retail at its facility for off-premises consumption any of its liquor. Each retail sale shall be limited to one 9-liter case or less per sale. No liquor manufacturer distilling less than 1,000 cases of liquor per year shall sell more than 12 9-liter cases of liquor to any one customer in any calendar year.
IV. (a) A liquor manufacturer may provide to visitors of legal drinking age at its facility samples of liquor manufactured on the premises for tasting. Samples may be provided either free or for a fee and shall be limited to one 1/2-ounce sample per label per person. Samples sold under this section shall be subject to fees as established in paragraph VI. A liquor manufacturer that operates and produces liquor solely within the state may transport to and sell up to 830 9-liter cases of its products in a calendar year at a farmers market at retail in the original sealed containers and may offer samples as provided in this subparagraph.
(b) A liquor manufacturer may offer food and nonalcoholic beverages on premises. A liquor manufacturer that offers food on premises may provide to visitors of legal drinking age at its facility in any area approved by the commission, either free or for a fee, liquor produced on premises by the liquor manufacturer which shall be limited to 1/2 ounce per label and one cocktail per person with no more than 11/2 ounces of liquor produced by the liquor manufacturer per cocktail, or 2 cocktails per person with no more than 11/2 ounces of liquor produced by the liquor manufacturer per cocktail. For the purpose of this subparagraph, food and nonalcoholic beverages may be provided by a properly licensed third-party food vendor, prepared on or off the premises.
V. Notwithstanding paragraph III, no liquor manufacturer shall sell at its facility any of its liquor to on-premises licensees.
VI. Each liquor manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under paragraph III and samples distributed under paragraph IX and shall pay to the commission monthly a fee equal to 8 percent of such sales or 8 percent of the retail value of such samples on or before the fifteenth day of the month following the sale or the sample distribution.
VII. The commission shall adopt rules, pursuant to RSA 541-A, relative to reports of liquor manufacturers under paragraph VI.
VIII. Each liquor manufacturer shall have the right to transport the liquor it manufactures, blends, or bottles in bottles or other closed containers to the state border for transportation and sale outside the state to holders of a United States basic permit issued under the Federal Alcohol Administration Act.
IX. Each liquor manufacturer selling no more than the equivalent of 3,000 9-liter cases of liquor per year at its licensed manufacturing facility shall have the right to distribute samples directly to on-premises and agency store licensees for tasting on the licensed premises in accordance with RSA 179:44.
X. The holder of a liquor manufacturer license may be issued one on-premises license for the manufacturer's premises, providing all requirements of the license are fulfilled.
Source. 2003, 231:13. 2005, 223:1, eff. July 5, 2005. 2014, 306:3, 4, eff. Sept. 30, 2014. 2015, 9:1, eff. July 1, 2015; 169:1, eff. Aug. 25, 2015; 215:3, 4, eff. Sept. 4, 2015. 2021, 173:2, eff. Sept. 28, 2021. 2022, 120:1, eff. July 1, 2022; 145:2, eff. July 1, 2022. 2023, 202:1, eff. Jan. 1, 2024.
178:7 Rectifier License.
I. A rectifier licensee may age, blend, and bottle liquor at its premises, may purchase beer, wine, or liquor from sources both inside and outside this state for such aging, blending, and bottling, and may sell the liquor it produces to the commission for resale in this state.
II. No liquor which is aged, blended, or bottled in this state by any rectifier shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.
III. Each rectifier shall have the right to transport the liquor it ages, blends, or bottles in bottles or other closed containers to the state border for transportation and sale outside the state to holders of a United States basic permit issued under the Federal Alcohol Administration Act.
IV. A rectifier may provide samples of liquor rectified on the premises for tasting to visitors of legal drinking age at its licensed rectifier facility. Samples may be provided either free or for a fee and shall be limited to one 1/2-ounce sample per label per person. Samples sold under this section shall be subject to fees as established in paragraph VI.
V. A rectifier producing no more than the equivalent of 3,000 9-liter cases of liquor per year at its licensed rectifier facility shall have the right to distribute samples directly to on-premises and agency store licensees for tasting on the licensed premises in accordance with RSA 179:44.
VI. Each rectifier shall maintain records and prepare reports for the commission which shall indicate the samples distributed under paragraph V and shall pay to the commission monthly a fee equal to 8 percent of the retail value of such samples on or before the fifteenth day of the month following the sample distribution.
Source. 2003, 231:13, eff. July 1, 2003. 2014, 306:7, eff. Aug. 1, 2014. 2015, 9:2, eff. July 1, 2015. 2016, 310:3, eff. July 1, 2016. 2023, 202:2, eff. Jan. 1, 2024.
178:8 Wine Manufacturer License.
I. Wine manufacturer licensees may ferment fruit or other agricultural products containing sugar to produce table wine, and to produce from that wine fortified wine.
II. Each wine manufacturer in this state shall have the right to sell and to transport and deliver wines manufactured by it directly to the holders of on-premises or off-premises licenses issued by the commission. No wine manufactured in this state by any manufacturer shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.
III. Each wine manufacturer shall have the right to sell at retail or wholesale at its winery, and at retail at one wine manufacturer retail outlet, for off-premises consumption any of its wines. The wine manufacturer shall pay an annual fee of $216 to the commission for the wine manufacturer retail outlet. The wine manufacturer may transport wines it manufactures to its wine manufacturer retail outlet for sample or sale. Visitors of legal drinking age at the manufacturing location or wine manufacturer retail outlet may be provided with samples of wine manufactured by the licensee in this state for tasting. A wine manufacturer may either provide samples for free or for a fee which shall be limited to one 2-ounce sample per label or one 5-ounce glass per person. At such times as food is available, a wine manufacturer may serve no more than 2 5-ounce glasses per person in any areas approved by the commission. For the purpose of this section, food and non-alcoholic beverages may be provided by a properly-licensed third party food vendor, prepared on or off the premises. Pursuant to rules adopted by the commission, a wine manufacturer may transport its products to a farmers' market or a wine festival licensed under RSA 178:31, and may sell such products at retail in the original container.
IV. Each wine manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under this section and shall pay to the commission monthly a fee equal to 5 percent of such sales on or before the fifteenth day of the month following the sale.
V. Each wine manufacturer shall have the right to transport wines manufactured by it to the state border for transportation and sale outside the state.
VI. Each wine manufacturer shall have the right to hire sales representatives subject to RSA 179:11 as it desires, and shall have the right to solicit sales of its wines directly to retail licensees.
VII. The holder of a wine manufacturer license, or designee, may be issued an on-premises license at the discretion of the commission. The annual fee each license issued under this section shall be as required under RSA 178:29.
VIII. For an additional annual fee of $120, any wine manufacturer licensee may transport its products to a nano brewery licensed under RSA 178:12-a, for the purpose of sampling or selling its products. Samples may be sold or given away. Retail sales made at the nano brewery shall be limited to products in their unopened original containers and to customers and persons of legal drinking age. Wine manufacturers shall be subject to the following additional limitations under this section:
(a) Wine manufacturer licensees shall be limited to one sampling event per day.
(b) Sampling and sales of the wine manufacturer licensee's products shall conform to the normal business hours of the nano brewery licensee.
(c) Sample sizes shall be limited to one 4-ounce glass per person if no food is available and 2 4-ounce glasses if food is available.
(d) Wine manufacturer licensee products brought to a sampling event shall be brought to the nano brewery on the day of the event and all such products shall be removed at the end of the event.
(e) Wine manufacturer licensees shall notify the commission of date, times, and location of each sampling event not less than 5 days before each event.
Source. 2003, 231:13. 2011, 165:1. 2012, 142:2, eff. June 7, 2012. 2015, 9:3, eff. July 1, 2015. 2017, 123:2, eff. July 1, 2017. 2018, 285:1, eff. June 21, 2018. 2019, 34:2, eff. May 15, 2019. 2023, 202:3, eff. Jan. 1, 2024.
178:9 Liquor and Wine Vendor License.
I. A liquor and wine vendor licensee may sell liquor to the commission for resale in this state.
II. Liquor and wine vendor licenses may be issued only to a manufacturer of liquor, or to the person designated by the manufacturer as the sole supplier of its products for the state of New Hampshire.
III. Liquor and wine vendors shall have a licensed representative conduct their business in this state.
IV. Liquor and wine vendor licensees may designate a liquor and wine representative as the sole supplier of its domestic, table, or fortified wine.
Source. 2003, 231:13, eff. July 1, 2003.
178:10 Liquor and Wine Representative License.
I. A liquor and wine representative license shall authorize its holder to offer for sale or solicit orders for the sale of liquor in this state.
II. Liquor and wine representative licenses shall be issued only to persons designated as authorized New Hampshire representatives by liquor and wine vendor licensees. Liquor and wine vendors shall not designate more than one representative for any brand.
III. A liquor and wine representative may employ sales persons, who shall carry a copy of the representative's license and a letter of authorization from the representative when working in this state.
IV. A liquor and wine representative may not hold any other license except a liquor and wine vendor license.
Source. 2003, 231:13, eff. July 1, 2003.
178:11 Liquor/Wine/Beverage Warehouse License.
I. A liquor/wine/beverage warehouse license shall only entitle the licensee to receive, warehouse, and ship, for a fee, any liquor, wine, or beverage or combination of liquor, wine, or beverage as defined by RSA 175:1 belonging to any retailer, vendor, wholesale distributor, or manufacturer, licensed in this state pursuant to title XIII. The commission may adopt rules pursuant to RSA 541-A to administer the provisions of this section.
II. A liquor/wine/beverage warehouse licensee shall possess a suitable warehouse facility for product storage and maintain adequate business records readily available for inspection by the commission.
III. A liquor/wine/beverage warehouser shall not sell any liquor, wine, or beverage stored on the warehouser's premises.
IV. All liquor, wine, or beverage shall be separated in such a manner that the commission may determine upon audit the ownership of such product.
V. Liquor/wine/beverage warehousers shall submit a monthly report both to the liquor commission enforcement and licensing division and the marketing, merchandising, and warehousing division of the commission by the fifteenth day of the following month indicating the quantity, type, size, and brands of all product received, stored, or shipped on their premises.
VI. All additional fees relating to transportation or shipping charges shall be borne by the liquor/wine/beverage warehouser, manufacturer, or liquor and wine vendor to cover shipment of bailment or other liquor or wine products to the commission's central warehouse for subsequent distribution.
Source. 2003, 231:13. 2009, 144:125, eff. July 1, 2009. 2023, 202:4, eff. Jan. 1, 2024.
178:12 Beverage Manufacturer License.
I. Beverage manufacturer licenses shall authorize the licensee to manufacture beverages and specialty beverages within the state and to sell the beverages manufactured to wholesale distributors.
II. The holder of a beverage manufacturer license may be issued one on-premises license for the manufacturer's premises, providing all requirements of the license are fulfilled. The annual fee for each license issued under this section shall be as required under RSA 178:29.
II-a. The holder of a beverage manufacturer license may sell beverage samples to visitors of legal drinking age for consumption on the premises where the beverages were manufactured. A beverage manufacturer may either provide samples for free or for a fee which shall be limited to one 4-ounce glass per label or one 16-ounce glass per person. At such times as food is available, a beverage manufacturer may serve no more than 2 16-ounce glasses per person in any areas approved by the commission. For the purpose of this section, food and non-alcoholic beverages may be provided by a properly-licensed third party food vendor, prepared on or off the premises.
II-b. Each beverage manufacturer shall have the right to manufacture beverages and specialty beer as defined by RSA 175:1 at the beverage manufacturer's New Hampshire licensed premises, to sell those beverages and specialty beers to New Hampshire wholesalers and at one beverage manufacturer retail outlet as defined in RSA 175:1, IX-a, in quantities provided by statute, and transport said beverages and specialty beer to the state line. The beverage manufacturer shall pay an annual fee of $336 to the commission for the beverage manufacturer retail outlet. The beverage manufacturer may transport beverages it manufactures to its beverage manufacturer retail outlet for sample or sale. Visitors of legal drinking age at the beverage manufacturer retail outlet may be provided with samples of beverages manufactured by the licensee in this state for tasting. A beverage manufacturer may either provide samples for free or for a fee which shall be limited to one 4-ounce sample per label or one 16-ounce glass per person. At such times as food is available, a beverage manufacturer may serve no more than one additional 16-ounce glasses per person in any areas approved by the commission. For the purpose of this section, food and non-alcoholic beverages may be provided by a properly-licensed third party food vendor, prepared on or off the premises.
III. The holder of a beverage manufacturer license may operate a hospitality room on the premises in which the licensee may make available to employees and visitors of legal drinking age for on-premises consumption free of charge samples of beverages manufactured or distributed in the United States by the beverage manufacturer. The hospitality room shall require commission approval in respect to its location, service facilities, and seating arrangements.
IV. (a) The holder of a beverage manufacturer license may sell beverages manufactured on its premises or manufactured by the licensee at a host brewer facility to:
(1) The licensee's employees who are of legal drinking age at such discounts as are customary in the business;
(2) The general public for off-premises consumption; or
(b) A holder of a beverage manufacturer license who manufactures 15,000 barrels or less during its licensing period may elect to distribute its beverages directly to retail licensees and/or to distribute its beverages pursuant to RSA 180, provided that total in-state direct retail sales do not exceed 5,000 barrels.
IV-a. A holder of a beverage manufacturer license may transport its products to a farmers' market, and may sell such products at retail in the original container.
V. Beverage manufacturers shall pay a fee as required by RSA 178:26 for each gallon of beverage sold or provided under paragraphs III, IV, and IV-a.
VI. The holder of a beverage manufacturer license may sell beverages manufactured on its premises or manufactured by the licensee at a host brewer facility to New Hampshire wholesalers, subject to the conditions of RSA 180.
VII. Beverage manufacturers may hire representatives to promote their products, who shall carry a copy of the beverage manufacturer's license and a letter authorizing them to conduct business for the manufacturer on their person at all times when conducting the beverage manufacturer's business.
VIII. Each beverage manufacturer shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state. A beverage manufacturer in a contract brewing arrangement may transport the beverage produced by the contract brewer in barrels, kegs, bottles, or other closed containers within the state for storage or to the state border for transportation and sale outside the state.
IX. The holder of a beverage manufacturer license may act as a host brewer for one or more tenant brewers licensed under RSA 178:12-b.
X. The holder of a beverage manufacturer license may be issued a tenant brewer license under RSA 178:12-b if the licensee meets the requirements of RSA 178:12-b. Beer or specialty beer produced or packaged by a beverage manufacturer as a tenant brewer at a host brewer facility shall be included in the production and sales limits in subparagraph IV(b).
XI. A beverage manufacturer may enter into a contract brewing arrangement with a contract brewer. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the beverage manufacturer's facility or at some other facility accessible only to the beverage manufacturer. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A contract brewer shall file all contract brewing arrangements with the commission.
XII. Beverage manufacturers, tenant brewers, and contract brewers shall be allowed to store beverages manufactured in accordance with the provisions of this title in a storage facility licensed by the commission. Beverage manufacturers, tenant brewers, and contract brewers storing beverages in a warehouse licensed under RSA 178:11, or other facility approved by the commissioner for the purpose of storing alcohol, shall keep records of the type, quality and destination of beverages removed from storage. Such records shall be retained by the beverage manufacturer, tenant brewer, or contract brewer using the facility and shall be made available to the commission upon request.
XIII. The holder of a beverage manufacturer's license may produce a "specialty cider" as defined in RSA 175:1, LXIV-aa. Such specialty cider may be produced and sold not more than twice in any licensing year. A beverage manufacturer that chooses to manufacture a specialty cider shall:
(a) Provide 30 days advanced notice to the commission of the intent to produce a specialty cider.
(b) Provide the commission with an estimated quantity of specialty cider to be produced and shall report to the commission the production of specialty cider separately from other beverages produced.
(c) Not produce more than 1,000 cases holding 24 12-ounce containers, or the equivalent, in a licensing year.
(d) Notify the commission after the production of specialty cider has ended during a licensing year.
Source. 2003, 231:13. 2007, 20:3. 2012, 140:2, eff. Aug. 6, 2012. 2014, 200:3-5, eff. July 1, 2014. 2015, 9:4, eff. July 1, 2015. 2017, 232:1, eff. July 1, 2017. 2018, 199:2, 3, eff. Aug. 7, 2018; 285:2, eff. June 21, 2018. 2019, 68:3, eff. June 6, 2019. 2020, 37:137, eff. July 29, 2020. 2021, 180:1, 6, eff. July 1, 2021.
178:12-a Nano Brewery License.
I. The commission may issue a nano brewery license to a business that manufactures beer or specialty beer, not exceeding, 2,000 barrels annually for sale in any quantity to the general public or licensees. The license shall entitle the licensee to sell at retail or wholesale only beverages manufactured by the licensee . In addition to the annual license fees provided in this section, a fee of $.30 for each gallon of beverage sold or transferred for retail sale or to the public shall be required. On or before the fifteenth day of each month, a nano brewery licensee shall pay the license fees under this paragraph covering sales or transfers made during the preceding calendar month.
II. The annual fee for each license issued under this section shall be $240. Except for licensees under paragraph VII, licensees shall comply with the following:
(a) No beverage or liquor shall be served or consumed on the premises except that which is manufactured by the licensee on the premises or manufactured by the licensee at a host brewer facility.
(b) The licensee may serve beverages to any visitor of legal drinking age by the glass or other suitable container.
(c) For the purpose of this section, food and non-alcoholic beverages may be provided by a properly licensed third party food vendor, prepared on or off the premises.
(d) The licensee shall not allow any beverage or liquor to be served or sold to any person under the age of 21 on the premises.
(e) A nano brewery may either provide samples for free or for a fee which shall be limited to one, 4-ounce glass per label or one 16-ounce glass per person. At such times as food is available, a nano brewery may serve no more than 2, 16-ounce glasses per person in any areas approved by the commission. For the purpose of this section, food and non-alcoholic beverages may be provided by properly licensed third-party food vendors, prepared on or off the premises.
III. A nano brewery licensee shall have the right to transport beverages it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.
IV. A nano brewery licensee may transport its products to a farmers' market, and may sell such products at retail in the original container.
V. No unopened container sold by the licensee shall be opened or consumed on the premises.
VI. Any nano brewery licensee meeting and maintaining the requirements of a restaurant under RSA 178:20, except RSA 178:20, IV and paying an additional fee of $240, shall comply with the following:
(a) No beverage or liquor shall be served or consumed on the premises except that which is manufactured by the licensee on the premises or manufactured by the licensee at a host brewer facility.
(b) The licensee may serve beverages to any visitor of legal drinking age by the glass or other suitable container.
(c) The licensee shall not allow any beverage or liquor to be served or sold to any person under the age of 21 on the premises.
VII. A nano brewery licensee may be issued a tenant brewer license under RSA 178:12-b if the licensee meets the requirements of RSA 178:12-b. Beer or specialty beer produced or packaged by nano brewery licensee as a tenant brewer at a host brewer facility shall be included in the production limit in paragraph I.
VIII. For an additional annual fee of $120, any nano brewery licensee may transport its products to a wine manufacturer's facility licensed under RSA 178:8, for the purpose of sampling or selling its products. Samples may be sold or given away. Retail sales made at the wine manufacturer's facility shall be limited to products in their unopened original containers and to customers and persons of legal drinking age. Nano breweries shall be subject to the following additional limitations under this section:
(a) Nano brewery licensees shall be limited to one sampling event per day.
(b) Sampling and sales of the nano brewery licensee's products shall conform to the normal business hours of the winery licensee.
(c) Sample sizes shall be limited to one 16-ounce glass per person if no food is available and 2 16-ounce glasses if food is available.
(d) Nano brewery licensee products brought to a sampling event shall be brought to the wine manufacturer's facility on the day of the event and all such products shall be removed at the end of the event.
(e) Nano brewery licensees shall notify the commission of date, times, and location of each sampling event not less than 5 days before each event.
IX. Each nano brewery shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state. A nano brewer in a contract brewing arrangement may transport the beverage produced by the contract brewer in barrels, kegs, bottles, or other closed containers within the state for storage or to the state border for transportation and sale outside the state.
X. A nano brewer may enter into a contract brewing arrangement with a contract brewer brewing in the state of New Hampshire after the nano brewer has been in operation for one year. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the nano brewer's facility or at some other facility accessible only to the nano brewer. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A nano brewer shall file all contract brewing arrangements with the commission. A nano brewer shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XI. Nano brewers and contract brewers shall be allowed to store beverages manufactured in accordance with the provisions of this title in a storage facility licensed by the commission. Nano brewers and contract brewers storing beverages in a warehouse licensed under RSA 178:11, or other facility approved by the commissioner for the purpose of storing alcohol, shall keep records of the type, quality, and destination of beverages removed from storage. Such records shall be retained by the nano brewer or contract brewer using the facility and shall be made available to the commission upon request. A nano brewer shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XII. Annual on-site production by a nano brewer shall not be less than their production for the calendar year prior to entering into an arrangement with a contract brewer. Total production, including tenant and contract brewers, shall be at least 10 barrels and shall not exceed 2,000 barrels annually.
XIII. The nano brewer shall submit to the liquor commission an annual report of all beverages by:
(a) The nano brewer on-site.
(b) Any tenant brewer.
(c) Any contract brewer the nano brewer has contracted with under paragraph X.
XIV. All taxes due on product that is made by a contract brewer shall be paid by the nano brewer.
Source. 2011, 128:1. 2012, 140:1. 2013, 248:1, eff. Sept. 22, 2013. 2014, 200:6-8, eff. July 1, 2014. 2019, 34:1, eff. May 15, 2019. 2021, 180:2, 10, eff. July 1, 2021. 2023, 29:1, eff. July 16, 2023; 202:5, eff. Jan. 1, 2024.
178:12-b Tenant Brewer License.
I. A holder of tenant brewer license may produce or package beer or specialty beer on the premises of a host brewer licensed under RSA 178:12.
II. A holder of a tenant brewer license may transport in bulk beer or specialty beer produced on the tenant brewer's premises to a host brewer for the purpose of packaging that beer or specialty beer on the host brewer's premises.
III. To be eligible for a tenant brewer license, the applicant shall have a brewer's notice approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau allowing the person to use the facilities, equipment, and employees of a host brewer.
IV. A tenant brewer is subject to the same requirements regarding production of beer or specialty beer as if the brewer conducted its manufacturing on its own premises independently.
V. The commission may require a tenant brewer to maintain a record or log indicating which equipment is being used at any time by the tenant brewer in the production of beer or specialty beer and which employees are working on production of the tenant brewer's product.
VI. A tenant brewer is subject to the same reporting requirements as a beverage manufacturer licensed under RSA 178:12.
VII. The annual fee for each license issued under this section shall be $240.
Source. 2014, 200:9, eff. July 1, 2014.
178:13 Brew Pub License.
I. A brew pub license shall authorize the licensee to manufacture beer or cider in quantities not to exceed 2,500 barrels annually primarily for consumption on the licensed premises.
II. A brew pub licensee may sell beer or cider manufactured on the premises or manufactured by the licensee at a host brewer facility to individuals for on-premises and off-premises consumption and to New Hampshire licensed retailers and wholesalers. A brew pub shall maintain a full service restaurant and may subsequently serve beverage and liquor as permitted by RSA 178:21, II(a)(1), RSA 178:22, V(e)(2), and RSA 178:22, V(q).
III. Each brew pub shall maintain records showing all transactions associated with the business and shall file reports with the commission on or before the fifteenth day of the following month, either electronically or in writing, which shall indicate the sales made under paragraph II.
IV. A brew pub licensee shall pay the same monthly fee as required by RSA 178:26 for each gallon of beverage manufactured less the quantities sold outside New Hampshire or to New Hampshire wholesalers. Fees shall be paid to the commission on or before the fifteenth day of the following month.
V. Each brew pub licensee shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.
VI. A brew pub licensee may transport its products to a farmers' market, and may sell such products at retail in the original container.
VII. A brew pub licensee may be issued a tenant brewer license under RSA 178:12-b if the licensee meets the requirements of RSA 178:12-b. Beer or specialty beer produced or packaged by a brew pub licensee as a tenant brewer at a host brewer facility shall be included in the production limit in paragraph I.
VIII. Any brew pub licensee manufacturing and selling cider shall pay an annual fee of $240 in addition to any other fees paid by the licensee.
IX. Each brew pub shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state. A brew pub in a contract brewing arrangement may transport the beverage produced by the contract brewer in barrels, kegs, bottles, or other closed containers within the state for storage or to the state border for transportation and sale outside the state.
X. A brew pub may enter into a contract brewing arrangement with a contract brewer brewing in the state of New Hampshire after the brew pub has been in operation for one year. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the brew pub's facility or at some other facility accessible only to the brew pub. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A brew pub shall file all contract brewing arrangements with the commission. A brew pub shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XI. Brew pubs and contract brewers shall be allowed to store beverages manufactured in accordance with the provisions of this title in a storage facility licensed by the commission. Brew pubs and contract brewers storing beverages in a warehouse licensed under RSA 178:11, or other facility approved by the commissioner for the purpose of storing alcohol, shall keep records of the type, quality and destination of beverages removed from storage. Such records shall be retained by the brew pub or contract brewer using the facility and shall be made available to the commission upon request.
XII. Annual on-site production by a brew pub shall not be less than their production for the calendar year prior to entering into an arrangement with a contract brewer. Total production including tenant and contract brewers, shall be at least 10 barrels and shall not exceed 2,500 barrels annually.
XIII. The brew pub shall submit to the liquor commission an annual report of all beverages by:
(a) The brew pub on-site.
(b) Any tenant brewer.
(c) Any contract brewer the brew pub has contracted with under paragraph X.
XIV. All taxes due on product that is made by a contract brewer shall be paid by the brew pub.
Source. 2003, 231:13. 2007, 20:1. 2012, 140:3, eff. Aug. 6, 2012. 2014, 200:10, 11, eff. July 1, 2014. 2017, 120:2, 3, eff. Aug. 15, 2017. 2021, 180:3, eff. July 1, 2021. 2023, 202:6, eff. Jan. 1, 2024.
178:14 Carrier Licenses.
I. A carrier license shall authorize the licensee to transport and deliver beverage and liquor within this state and to pick up from the holder of a rectifier license or a beverage, liquor, or wine manufacturer license for delivery outside the state.
II. A copy of the carrier license shall be carried in each vehicle used to transport beverage or liquor.
III. A licensed carrier shall not transport any liquor, wine, or beverage that has been identified by the commission as originating from a person who does not hold a valid New Hampshire direct shipper permit, provided that such identification has first been provided to and received by the licensed carrier in writing. The commission shall notify carriers by mail on a monthly basis of the identity of unauthorized shippers, which notification shall be effective 15 days after such mailing. The commission may impose a fine by rule for violations within the reporting month per shipper.
IV. A licensed carrier shall authorize the licensee to pick up, transport, and deliver beer and alcoholic beverages from a business holding a direct to consumer shipping permit as provided in RSA 178:27-b.
Source. 2003, 213:13, eff. July 1, 2003. 2016, 108:1, eff. May 20, 2016. 2021, 180:8, eff. July 1, 2021. 2022, 254:2, eff. Aug. 23, 2022.
178:15 Beverage Vendor License.
I. The holder of a beverage vendor license may sell beverages or specialty beverages to New Hampshire wholesale distributor licensees.
II. The holder of a beverage vendor license shall furnish to the commission, on or before the fifteenth day of each month, a report under oath, on a form prescribed by the commission showing the quantity of beverages sold or delivered to each wholesale distributor licensee during the preceding calendar month. This report shall be accepted by the commission either in writing or electronically. A license may be revoked for failure to submit such a report.
III. Representatives of beverage vendors shall carry a copy of the beverage vendor license and a letter authorizing them to conduct business for the vendor on their person at all times when conducting the beverage vendor's business.
IV. Beverage vendors shall be exclusive New Hampshire agents for any manufacturer whose product is sold in this state by the vendor.
V. A holder of a beverage vendor license who represents a manufacturer who manufactures 15,000 barrels or less during its licensing period, as shown by its monthly brewer's reports and tax payments filed with the U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau may elect to distribute the beverages manufactured by it directly to New Hampshire retail licensees or to distribute its beverages pursuant to RSA 180, provided that total in-state direct retail sales do not exceed 5,000 barrels.
VI. All sales made to New Hampshire retailers under this section shall be products and packages approved by the commission, be C.O.D., and shall not be subject to the provisions of RSA 179:13. All product shall be transported in accordance with RSA 178:14 and be accompanied by a priced invoice showing in detail all product delivered, a copy of which shall be mailed to the commission by the vendor 2 days prior to the day of delivery.
VII. All sales made to New Hampshire retailers under this section shall be subject to the provisions of RSA 178:26.
Source. 2003, 231:13. 2007, 380:3, 4, eff. July 18, 2007. 2020, 37:136, eff. July 29, 2020. 2023, 202:7, eff. Jan. 1, 2024.
178:16 Wholesale Distributor License.
I. Wholesale distributor licenses shall authorize the licensees to sell beverages in barrels, bottles, or other closed containers and specialty beverages in single serve containers to licensees for resale or to the general public. A wholesale distributor shall provide to an on-premises or off-premises licensee any obtainable beverage, specialty beverage, beer, specialty beer, or cider. Requested products shall be priced subject to special order terms as agreed by all parties. The holder of a wholesale distributor license shall maintain a regular place of business in this state.
II. Each wholesale distributor holding a license under this section shall annually give to the state of New Hampshire a bond with sureties satisfactory to the commission in such penal sum as may be determined by the commission, conditioned upon the payment of the fees required under the provisions of this chapter. The amounts due under said bond shall be recoverable in an action of debt to be brought by the attorney general upon complaint of the commission. The commission may waive the giving of such bond if satisfactory reports and payments are made which precede the statutory requirements.
III. The holder of a wholesale distributor license may hold one on-premises license with respect to the premises designated in such wholesale distributor license.
IV. Representatives of wholesale distributors shall carry a copy of the wholesaler distributor license on their persons at all times when conducting the wholesaler's business.
V. [Repealed.]
VI. Nothing in this chapter shall preclude or prevent a licensed liquor and wine representative, liquor vendor, or wine vendor from selling specialty beverages to the state nor place any limitations or restrictions on the commission from distributing and selling specialty beverages.
Source. 2003, 231:13. 2004, 142:4, eff. May 24, 2004. 2017, 124:1, eff. Aug. 15, 2017. 2020, 37:133, 134, eff. July 29, 2020.
178:17 Off-Premises Special Licenses.
I. The commission may issue a special license to an assignee, sheriff, or other person, including an administrator or executor, to sell liquor or beverages which may have come into his or her possession in his or her official capacity.
II. The commission may issue a special license to any public television station, public radio station, or nonprofit corporation to auction wine and liquor to the public. Such auctions shall be part of the special licensee's regular fund raising program. The special licensee shall hold only one auction of wine and liquor per year. Only wine and liquor donated to the special licensee may be auctioned under this paragraph. Wine and liquor donated for the purposes of this paragraph need not have been purchased in this state.
Source. 2003, 231:13, eff. July 1, 2003.
178:17-a Combination Conditional License.
I. At its discretion, the commission may combine license types and issue a combination conditional license to a licensee that holds or is seeking more than one license for a single establishment. In issuing a combination conditional license, the commission may suspend or modify any existing licensing requirement established under title XIII and may impose additional conditions. The commission may deny, in its discretion, any license under this section that constitutes a risk to public health, safety, or welfare of any community.
II. The commission shall issue a combination conditional license in accordance with RSA 541-A:39.
III. This section shall not be interpreted to create a license category that does not exist in statute.
Source. 2009, 144:126, eff. July 1, 2009.
178:18 Combination License.
I. Off-premises licenses shall be issued only for grocery and drug stores not holding on-premises licenses. Such licenses shall authorize the licensees to sell fortified wine, table wine, beverages, and specialty beverages for consumption only off the premises designated in the licenses and not to other licensees for resale. Such sale shall be made only in the immediate container in which the beverage, specialty beverage, wine, or fortified wine was received by the off-premises combination licensee; except that in the case of the holder of a wholesale distributor license, beverages and specialty beverages may be sold only in such barrels, bottles, or other containers as the commission may by rule prescribe. Off-premises licenses may also authorize the licensee to sell tobacco products or e-cigarettes. There shall be no restriction on the number of combination licenses held by any person. The license shall authorize the licensee to transport and deliver beverages, specialty beverages, tobacco products, e-cigarettes, and table or fortified wines ordered from and sold by the licensee in vehicles operated under the licensee's control or an employee's control.
II. All sales of tobacco, e-cigarettes, beverages, fortified wines, and table wine shall be recorded on cash registers. No additional registers shall be added during the remainder of the year without prior approval of the commission. No rebate shall be allowed for cash registers discontinued during the license year.
III. The commission may suspend the tobacco, e-cigarettes, or alcohol sales portion of the license separately under the provisions of RSA 179:57; any revocation shall revoke the entire license.
IV. The fee for a combination license shall be as determined in RSA 178:29, II(b).
Source. 2003, 231:13. 2008, 341:15, eff. Jan. 1, 2009. 2019, 346:116, eff. July 1, 2019. 2020, 37:138, eff. July 29, 2020. 2022, 289:7, eff. Aug. 30, 2022.
178:19 Retail Wine License.
I. A retail wine license may be issued by the commission to any person operating a retail outlet in this state which shall allow the licensee to sell tobacco products, e-cigarettes, fortified wines, and table wines directly to individuals at retail on the premises for consumption off the premises; provided, however, that persons holding any license authorizing the sale of liquor or wine by the glass under this chapter shall sell the wines authorized pursuant to this section in a separate area of the premises from the areas licensed for on-premises consumption. A separate license shall be required with respect to each place of business of an applicant. The license shall authorize the licensee to transport and deliver fortified and table wines ordered from and sold by the commission and sold by the licensee in vehicles operated under the licensee's control or an employee's control.
II. All sales of wine, tobacco products, and e-cigarettes shall be recorded on cash registers. No additional registers shall be added during the remainder of the year without prior approval of the commission. No rebate shall be allowed for cash registers discontinued during the license year.
III. On-premises licensees licensed under this chapter shall maintain separate rooms for storage, shelving, display, and sale of tobacco products, e-cigarettes, and fortified and table wine for consumption off the premises. Such rooms shall be equipped with at least one cash register which shall be capable of separately registering wine sales, and such rooms shall have an attendant at all times while open for business. Wine purchased for resale by virtue of the retail wine license shall be purchased on separate invoices from that wine intended for consumption in the dining room or lounge, and separate sales records shall be maintained for this purpose.
IV. The commission may suspend the tobacco, e-cigarette, or alcohol sales portion of the license separately under the provisions of RSA 179:57; any revocation shall revoke the entire license.
V. The fee for a retail wine license shall be as determined in RSA 178:29, II(a).
Source. 2003, 231:13. 2008, 341:15, eff. Jan. 1, 2009. 2019, 346:117, eff. July 1, 2019. 2022, 289:8, eff. Aug. 30, 2022.
178:19-a Retail Tobacco License.
I. The commission may issue a retail tobacco license to a person engaged in the business of retail sales and distribution of tobacco products including e-cigarettes in this state. Each retail outlet shall have a separate license regardless of the fact that one or more outlets may be owned or controlled by a single person.
I-a. The commission may issue a retail tobacco license to any business holding a license to sell alcoholic beverages under RSA 178 for an additional fee of $6 per licensed location.
II. A retail tobacco license shall be prominently displayed on the premises described in it.
III. The commission, when issuing or renewing a retail tobacco license, shall furnish a sign which shall read or be substantially similar to the following: "State Law prohibits the sale of tobacco products or e-cigarettes to persons under age 21. Warning: violators of these provisions may be subject to a fine."
IV. All sales of tobacco, including e-cigarettes, shall be recorded on cash registers. No additional registers shall be added during the remainder of the year without prior approval of the commission. No rebate shall be allowed for cash registers discontinued during the license year.
V. The fee for a retail tobacco license shall be as determined in RSA 178:29, II(e).
Source. 2008, 341:15, eff. Jan. 1, 2009. 2019, 346:107, eff. Jan. 1, 2020; 346:118, eff. July 1, 2019. 2020, 37:117, eff. July 29, 2020. 2022, 289:5, eff. Aug. 30, 2022.
178:19-b Tobacco Vending Machine License.
I. The commission may issue a tobacco vending machine license to a person engaged in the business of operating vending machines for retail sales and distribution of tobacco products in this state.
II. Tobacco vending machine licensees shall register each vending machine with the commission and obtain a permit for each machine. Such permit shall be displayed on the machine, and each machine shall have a separate permit regardless of the fact that one or more machines may be owned or controlled by a single licensee.
Source. 2008, 341:15, eff. Jan. 1, 2009.
178:19-c Tobacco Sampling License. The commission may issue a tobacco sampling license to an individual engaged in the business of public sampling of tobacco products in this state. Each individual engaged in public sampling shall obtain a license. Public sampling shall be considered an indirect sale under RSA 178:1, VI.
Source. 2008, 341:15, eff. Jan. 1, 2009.
178:19-d Beer Specialty License.
I. A beer specialty license may be issued by the commission to any person operating a retail outlet in this state the primary business of which is the sale of beer as defined in RSA 175:1. A beer specialty license shall allow the licensee to sell beverage, wine, tobacco, and e-cigarettes products directly to individuals at retail on the premises for consumption off the premises; beer may be sold in such barrels, bottles, or other containers as the commission may by rule prescribe.
II. Beer specialty licensees shall maintain an inventory of 500 or more selection of beer labels.
III. Beer specialty licensees shall maintain an inventory of food and nonalcoholic beverages which are readily available to the public, the wholesale value of which shall not be less than $1,000.
IV. The commission may establish restrictions on the number of beer specialty licenses held by any person.
V. All sales of beer, tobacco products, and e-cigarettes shall be recorded on cash registers. No additional registers shall be added during the remainder of the year without prior approval of the commission. No rebate shall be allowed for cash registers discontinued during the license year.
VI. The commission may suspend the tobacco, e-cigarette, or alcohol sales portion of the license separately under the provisions of RSA 179:57.
VII. The fee for a beer specialty license shall be found in RSA 178:29, II(d).
Source. 2016, 310:1, eff. July 1, 2016. 2019, 346:119, 120, eff. July 1, 2019. 2022, 289:9, eff. Aug. 30, 2022.
178:20 On-Premises Beverage and Wine Licenses.
I. The commission may issue a license to any of the types of businesses specified in paragraph II of this section in any town which has voted to accept the provisions of RSA 663:5, I(b) and (c). The license issued shall entitle the licensee to serve beverages, specialty beverages, and wines and similar vinous liquors or fruit juices containing at least 1/2 percent and not over 24 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container, and by the bottle if the cap or cork is removed, for consumption on the premises designated by the commission.
II. The commission may authorize bed and breakfasts with suitable cooking and dining areas, dining cars, vessels serving food, restaurants, and outlets of the New Hampshire Fair Association who are members in good standing to serve beverages, specialty beverages, and wines in any areas approved by the commission at such times as food is available. New Hampshire Fair Association outlets shall not be subject to reduced fees as provided by RSA 178:29.
III. No beverages, specialty beverages, or liquor shall be consumed in the licensed areas except those that are sold by the licensee.
IV. No beverages, specialty beverages, or liquor shall be removed from the licensed premises by patrons, except as provided by RSA 179:27-a.
V. [Repealed.]
Source. 2003, 231:13, eff. July 1, 2003. 2020, 37:139, eff. July 29, 2020. 2023, 86:7, III, eff. Aug. 19, 2023.
178:20-a On-Premises Cigar, Beverage, and Liquor Licenses.
I. The commission may issue a license to a person who operates a cigar bar as defined in this section and who holds a tobacco retailers license under RSA 178:19-a in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). The license shall entitle the licensee to serve beverages containing at least 1/2 percent and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit by the glass or other suitable container and by the bottle with the cork or cap removed; specialty beer in any suitable container; liquor containing more than 6 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container; and wines, by the glass, by the bottle with the cork or cap removed; or other suitable container, under rules adopted by the commission.
II. In this section, "cigar bar" means a business that:
(a) Generates 60 percent or more of its quarterly gross revenue from the sale of cigar-related products, which is limited to cigars, humidors, cigar cutters, cigar cases, lighters, and ashtrays. Revenue from keno, mail order and Internet sales, as well as revenue generated from other tobacco sales in store, including cigarettes and loose tobacco sales, shall not be used to determine whether an establishment satisfies the definition of a cigar bar.
(b) Has a humidor on the premises.
(c) Does not allow any person under the age of 21 on the premises unless accompanied by a parent, legal guardian, or adult spouse.
(d) Does not allow cigarette smoking or sale of food on the premises.
III. No beverage or liquor shall be consumed on the premises except that which is sold by the licensee.
IV. All applicants for employment at a cigar bar shall be presented with a written notice that states that working in a cigar bar has serious and permanent negative health effects, including, but not limited to, an increased risk of cancer and heart disease, and that no level of exposure to second-hand smoke is safe.
V. The fee for an on-premises cigar, beverage, and liquor license shall be as determined in RSA 178:29, I.
Source. 2009, 313:1. 2010, 310:4, eff. Sept. 11, 2010. 2018, 332:3, eff. June 25, 2018. 2019, 346:108, eff. Jan. 1, 2020. 2020, 37:118, eff. July 29, 2020. 2021, 36:1, eff. July 16, 2021. 2022, 289:6, eff. Aug. 30, 2022.
178:21 On-Premises Beverage and Liquor Licenses.
I. (a) The commission may issue a license to any of the types of businesses specified in paragraph II of this section in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). The license shall entitle the licensee to serve beverages or specialty beverages containing at least 1/2 percent and not more than 8 percent alcohol by volume at 60 degrees Fahrenheit by the glass or other suitable container and by the bottle with the cork or cap removed; liquor containing more than 6 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container; and wines, by the glass, by the bottle with the cork or cap removed; or other suitable container, under rules adopted by the commission.
(b) No beverage, specialty beverage, or liquor shall be consumed on the premises except that which is sold by the licensee.
(c) No beverage, specialty beverage, or liquor shall be removed from the licensed premises by patrons, except as provided by RSA 179:27-a.
II. The commission may authorize establishments, as they are defined in RSA 175:1, having full service restaurants to sell beverages, specialty beverages, and liquor at such time as food is available.
(a)(1) Licenses for Full Service Restaurants. The commission may issue a license to any full service restaurant. Such license shall entitle the licensee to sell beverages, specialty beverages, and liquor at tables in the approved dining rooms of the restaurant with or without meals when the restaurant kitchen is in operation and meals are being actively promoted and served in that dining room. The dining room shall not, however, be used as a substitute for lounge operations. Licenses shall be granted only to restaurants approved by the commission and which show the commission on forms, filed with the license application, covering the 12 most recent calendar months prior to filing, that at least 50 percent of the gross sales of any such licensee is in food. Restaurants with annual food sales of at least $75,000 shall be exempt from the 50 percent requirement. The commission shall at least annually review each license, and application for renewal, on the conditions stated in this paragraph.
(2) The dining room shall be open for business at least 5 days a week for evening meals, unless the commission has granted an exemption.
(3) Private groups contracting for function rooms may also be served beverages and liquor without food.
(4) [Repealed.]
(5) Except as provided in this paragraph, no beverages, specialty beverages, or liquor shall be consumed in the licensed areas except those that are sold by the licensee. With the permission of the commission, a licensee may charge a fee for consumption of privately owned table wine stored on the premises and consumed with the purchase of a full-course meal.
(b)(1) Hotel Full Service Restaurant. The commission may issue a license to any hotel in any town. Notwithstanding the fact that the town where the hotel is located has voted not to approve the sale of beverages and specialty beverages in said town, the license issued to a hotel shall entitle the licensee to:
(A) Sell beverages, specialty beverages, and liquor by the glass or other suitable container and wine by the bottle, if the cork is drawn, or by other suitable container to guests in the dining room or in the rooms of guests.
(B) Sell beverages, specialty beverages, liquor, and wine by the bottle which shall be delivered to the rooms of guests, provided that such sales are not made below the cost of such beverages and liquor.
(C) Include a specified quantity of complimentary beverages, specialty beverages, and liquor as part of a contract for the hosting of a convention or offer a specified quantity of complimentary beverages, specialty beverages, or liquor in soliciting such conventions. As used in this paragraph "convention" means an assembly of persons participating in a business, political, professional, or other organizational gathering. Notwithstanding RSA 175:4 or any rules adopted under that section, hotels may advertise and offer package deals to resident guests, which include complimentary drinks, provided such offers shall be limited to persons of legal drinking age.
(D) Sell beverages, specialty beverages, and liquor in bottles or containers not exceeding one liter capacity, which shall be stored under lock and key in a cabinet or miniature refrigerated bar in hotel rooms and which shall be available only to hotel room guests who are of legal drinking age.
(2) The dining room shall be open for business at least 5 days a week for evening meals, unless the commission has granted an exception.
(3) Hotels may serve beverages, specialty beverages, and liquor in the dining room without meals provided the hotel kitchen is in operation and meals are being actively promoted and served in the dining room. The dining room may not be used as a substitute for lounge operations.
(c) Bed and Breakfasts. The commission may issue a license to any bed and breakfast which has at least 4 rentable rooms and a dining area capable of seating the total number of registered guests and shall entitle the licensee to:
(1) Sell liquor, beverages, and specialty beverages to registered guests in any approved area or in the rooms of guests.
(2) Sell liquor, beverages, and specialty beverages by the bottle which shall be delivered to the rooms of registered guests, provided that the charge for such liquor and beverages is not below cost.
(d) Dining Cars. The commission may issue a license to any railroad or car corporation, or designee, operating any dining cars in which food is served within this state, authorizing the holder of the license to sell in such cars liquor, beverages, and specialty beverages to be consumed in such cars. Such license shall be good throughout the state in both license and non-license territory, and only one such license shall be required for all cars operated in the state by the same owner. Dining cars traveling through New Hampshire from out of state jurisdictions may purchase supplies of liquor, wine, and beverages from sources other than as provided in RSA 179:32.
(e) Vessels. The commission may issue a special license to the owner or operator of a passenger vessel operating out of any port of the state. Such license shall allow the sale of liquor with food or beverages or specialty beverages in any area of the vessel approved by the commission.
Source. 2003, 231:13. 2013, 23:2, eff. July 15, 2013. 2020, 37:140, eff. July 29, 2020. 2023, 86:7(IV), 9, eff. Aug. 19, 2023.
178:22 On-Premises Cocktail Lounge Licenses.
I. The commission may issue a license to the types of businesses listed in RSA 178:22, V in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). The license issued shall entitle the licensee to serve beverages, or specialty beverages by the glass, by the bottle with cap removed or in any other suitable container, wines by the glass, by the bottle with the cork or cap removed or in any other suitable container, or liquor by the glass or other suitable container.
II. No person under the age of 18 shall be in the cocktail lounge unless accompanied by a parent, legal guardian, or adult spouse.
III. Except as provided in this paragraph, no beverages, specialty beverages, or liquor shall be consumed in the licensed areas except those that are sold by the licensee. With the permission of the commission, a licensee may charge a fee for consumption of privately owned table wine stored on the premises and consumed with the purchase of a full-course meal.
IV. No beverages, specialty beverages, or liquor may be removed from the licensed premises by patrons, except as provided by RSA 179:27-a.
V. The commission may authorize the following types of businesses as they are defined in RSA 175:1 to sell beverages, specialty beverages, and liquor in cocktail lounges:
(a) Airports. The commission may issue a cocktail lounge license to any operator of an airport or designee. Such cocktail lounge license shall allow the licensee to serve liquor, specialty beverages, and beverages in such rooms as may be designated by the commission. Food and coffee shall be available without requiring a minimum or cover charge.
(b) [Repealed.]
(c) Ballrooms.
(1) The commission may issue a cocktail lounge license to any ballroom which has seating accommodations for at least 500 patrons. The cocktail lounge license shall allow the licensee to sell liquor, specialty beverages, and beverages to patrons but only at such times as "live entertainment," as defined in RSA 175:1, is being provided by the licensee.
(2) Any ballroom may open its facilities to the public for functions of a limited duration during which time liquor, specialty beverages, and beverages shall not be available to patrons and during which time all liquor, beverages, and specialty beverages shall either be removed from the area open to the public or locked and unaccessible to persons other than employees approved by the commission. Any licensee of a ballroom may so open the facilities upon notice in writing to the commission at least 5 business days prior to the function. If the facility is open for special functions at which time liquor, beverages, and specialty beverages are not available to patrons, the commission shall not impose any conditions as to who may attend such functions or whether or not live entertainment is provided so long as local fire and building code requirements are met.
(3) Any licensee of a ballroom may receive a supplemental license from the commission to close all or part of the ballroom facilities to the public for special social functions at which only bona fide members of a social club or organization or persons who have been invited to a family social function shall be admitted. The commission shall issue such a license to allow the licensee to sell liquor, beverages, or specialty beverages to persons attending such social functions if the licensee applies for one at least 5 business days prior to the function and pays a fee for each such function. If only part of the ballroom facilities are used for such a function, the licensee may operate the remaining facilities under his license issued under subparagraph (c)(1).
(d) [Repealed.]
(e) Caterers, On- and Off-Site.
(1)(A) The commission may issue a cocktail lounge license to any caterer with on-site permanent kitchen facilities and permanent dining facilities capable of seating 100 persons or more. Such license shall allow the licensee to serve liquor, beverages, and specialty beverages with or without meals to members of a private party in any room of such on-site catering facility designated by the commission. For the purposes of this paragraph, persons under the age of 18 shall be allowed in rooms where beverages, specialty beverages, and liquor are served without a parent or guardian present. Such lounge license may allow the licensee to serve liquor, beverages, and specialty beverages on the premises of any public building approved by the commission. Licenses shall be granted only to such caterers as the commission, at its discretion, shall approve and then only to such caterers as shall show the commission on forms and under rules adopted by the commission that at least 50 percent of their combined food and liquor and beverage sales shall fall within the category of food. Caterers with annual food sales of $100,000 or more shall be exempt from the 50 percent requirement. Caterers shall notify the commission not less than 5 days in advance of a function specifying date and time of the scheduled function. Notwithstanding any other provision of law, a caterer, with the approval of the commission, may subcontract for the cooking, preparing or serving of food pursuant to the caterer's liquor license. The commission shall adopt rules in accordance with RSA 541-A to carry out the provisions of this subparagraph. New premises or locations shall be approved by the commission 10 days before the scheduled events.
(B) The commission may issue a supplemental license to an on-site caterer licensed to sell beverages, specialty beverages, and liquor with food to the public on dates approved by the commission when no private function is being catered under RSA 178:22, V(e)(1)(A), unless such premises which have been approved by the commission are capable of being physically separated between public and private functions. The supplemental license may be issued to the applicant for 18, 36, or 52 events per license year. The fee charged for such license shall be $5 for 18, 36, or 52 events. A person issued a supplemental license under this subparagraph shall meet all requirements of RSA 178:22, I-IV. The caterer shall request the commission's approval at least 5 days before any scheduled event to be serviced by a supplemental license. The commission may suspend or revoke the caterer's supplemental license without affecting any other license issued for the premises.
(2) The commission may issue a license to any person operating an off-site catering service or any person holding a full service restaurant license, hotel full service restaurant, brew pub, or convention center license to conduct an off-site catering business on the premises of other licensed establishments or the premises of any public building approved by the commission. For the purposes of this paragraph, persons under the age of 18 shall be allowed in rooms where liquor, beverages, and specialty beverages are sold. A license issued under the provisions of this paragraph shall allow the licensee to serve liquor, beverages, and specialty beverages with or without meals to members of a private party contracting for such service. Such caterers shall notify the commission not less than 5 days in advance of a function specifying the date, time, and location of the scheduled function. New premises and locations shall be approved by the commission at least 10 days before the scheduled event.
(3) For the purposes of subparagraph (e):
(A) "Private group" means an assembly of persons gathered for a designated social or business occasion, present by invitation or reservation and shall in no way be construed to mean the general public.
(B) "Public building" means any building maintained and available for any person, group, or organization, which may include retail business establishments, when they are not open to the public; licensed premises, provided there is a physical, unmovable barrier between the licensed business and the catered area; and tents, gazebos, or other defined outdoor areas, provided 2 separate toilet facilities are located in the immediate vicinity. A public building shall not be construed to mean a private residence.
(4) Premises restrictions:
(A) The holder of a caterer's on- or off-site license shall ensure, at every function, that all state laws are complied with and that any entertainment provided shall be approved by the commission.
(B) On-site caterers and off-site caterers shall file, between January 15 and February 15 of each year, a certificate form with the commission covering food and beverage, specialty beverage, and liquor sales for the previous calendar year. All catered sales shall be noted on the certificate form which shall be furnished by the commission.
(f) College Clubs. A college or university club may be entitled to a license for the sale of beverages, specialty beverages, and liquor to members and guests in a room or rooms approved by the commission.
(g) Military Club. An operator or designee of a military club may be entitled to a license for the sale of liquor, beverages, and specialty beverages to members and guests in a room or rooms approved by the commission.
(h) Veterans' Clubs, Private Clubs, and Social Clubs.
(1) The commission may issue cocktail lounge licenses to private, social, or veterans' clubs incorporated under the laws of the state and which may be affiliated with any national fraternal organization, for the sale of liquor, beverages, and specialty beverages to members and guests in a room or rooms approved by the commission. A licensee under this subparagraph shall sell for convenience and for a reasonable profit to be determined by the commission. Each licensee shall make a sworn report to the commission for each month on or before the fifteenth of the following month, in such form as the commission may require, showing the income from liquor and beverages sold and the expenses properly chargeable to the business for the month. The cost of the cocktail lounge license shall be considered an expense chargeable to the business. Veterans clubs which qualify as "club-veterans' under RSA 175:1, XXII shall be exempt from the requirements of subparagraphs V(h)(6)-(8), V(h)(9)(B)-(C), and V(h)(10)-(12).
(2) No person under the age of 18 shall be in any room where liquor, beverages, and specialty beverages are sold, except persons under the age of 18 shall be allowed in rentable rooms approved by the commission when beverages, specialty beverages, and liquor are served without a parent or guardian present at such times the club is using a supplemental license.
(3) The commission may issue to a club licensed under subparagraph (h)(1) a supplemental license to set up a separate bar facility to serve liquor, beverages, and specialty beverages to private groups in a rental hall approved by the commission. This supplemental license shall allow the club to hold up to 18 events, 36 events, or 52 events for the fees established in RSA 178:29, I. The club shall be responsible for compliance with this title and any rules adopted under it. The club shall notify the commission at least 5 days before any scheduled event which shall be serviced by such bar facility. The commission may suspend the use of any bar facility without affecting the status of any other license in effect on the club premises.
(4) Clubs may allow private groups to bring in or sell their own liquor, beverages, and specialty beverages in approved rental facilities provided there is a complete separation between the club area and the rental area.
(5) Every member of a club, affiliated with a national fraternal organization and licensed under subparagraph (h), shall be entitled to canteen privileges at every club with which his or her club is affiliated in this state. Such canteen privileges shall include the right to bring guests to affiliated clubs, providing the member has on his or her person, and displays upon request, a current membership card of the national fraternal organization. A veterans' club licensed under subparagraph V(h) is authorized to permit, if approved by a majority of the members, the members of one or more nationally-recognized veterans nonprofit groups to exercise canteen privileges as if the members of the approved group or groups are members of the club.
(6) No licensee corporation shall enter into a contract with any person to provide services, equipment, or any other thing of value if that person is also a director, officer, or employee of the licensee corporation.
(7) No licensee corporation shall permit a person, either elected or appointed, to hold multiple corporate offices or permit an officer to hold the position of director.
(8) No licensee corporation shall permit a director or officer of the club to be an employee of the licensee corporation.
(9) All clubs shall annually provide written documentation to the commission which shall include:
(A) A certificate from the secretary of state which shall demonstrate that the nonprofit corporation holding a license under this subparagraph is registered and in good standing with the secretary of state;
(B) Minutes of all membership meetings, meetings held by officers and directors, and any special meetings;
(C) Copies of all contracts entered into between the licensee corporation and any director, officer, or manager of the licensee corporation, as well as any provider of services to the club.
(10) For the purposes of subparagraph (h):
(A) "Minutes" means detailed written memoranda of a transaction, proceedings, or club operations.
(B) "Contract" means any oral or written agreement between the licensee corporation and any other person, to do or not do a particular thing. The definition of a contract for the purposes of this section shall not be limited by its enforceability.
(11) No director, officer, or employee of a licensee corporation shall engage in any undertaking that shall place the personal interests of a person ahead of the interests of the membership of the club.
(12) Violations of subparagraph (11) of this subparagraph shall be investigated by the enforcement division of the liquor commission and directed to the department of justice for examination of issues unrelated to this title.
(i) Convention Centers. The commission may issue a cocktail lounge license to any convention center. Such license shall allow the licensee to sell liquor, beverages, and specialty beverages in rooms approved by the commission, to persons within the convention center. Liquor, beverages, and specialty beverages shall be sold with meals in the public dining rooms. Persons under 18 years of age shall be accompanied by a parent, legal guardian, or adult spouse when in convention rooms where liquor, beverages, or specialty beverages are being sold. Patrons of any age may be allowed in the dining rooms.
(j) [Repealed.]
(k) Hotel. The commission may issue a cocktail lounge license to any hotel holding a hotel full service restaurant license issued under RSA 178:21, II(b)(1) to serve liquor and beverages in any room of a hotel designated by the commission. No cocktail lounge shall be operated on days that the dining room is closed. No cocktail lounge shall operate before the dining room opens for meals, except if breakfast and noon meals are not offered, the lounge may operate 2 hours before the dining room opens for the evening meal. The commission may extend the cocktail lounge license to include the use of a dining area in the restaurant of the hotel after such area has been closed for serving meals, but not before 9:00 p.m., as an overflow area for the cocktail lounge when the lounge is filled to capacity. In the overflow area, liquor, beverages, and specialty beverages need not be served with meals. The commission may grant, regulate, suspend, or revoke a cocktail lounge license without affecting any other license granted to a hotel.
(l) One Day Licenses for Voluntary Nonprofit Organizations.
(1) Notwithstanding the provisions of RSA 178:2, I, the commission may issue a limited license to any responsible individual representing a voluntary nonprofit group or organization approved by the commission. Such license shall authorize the licensee to sell, on premises approved by the commission, beverages, specialty beverages, and liquor on the approved premises.
(2) No license shall be issued under subparagraph (l)(1) unless the organization's representative obtains:
(A) Official approval of the chief of the local fire department as to the safety of the premises.
(B) Official approval of the local health department concerning sanitary accommodations.
(C) Official approval of the chief of police as to accessibility of the premises. Written statements from such officials shall accompany the application for the license. Such application shall be filed with the commission 15 days before the date on which the license is needed.
(3) No person under the age of 18 shall be allowed in those areas where liquor and beverages are served, unless accompanied by a parent, legal guardian, or adult spouse. The selectmen of the town in which such licenses are held may, at their discretion, assign police officers to the premises where liquor, beverages, or specialty beverages are being served.
(4) No license shall be issued under subparagraph (l)(1) for premises holding other licenses issued by the commission except rental facilities on licensed club premises approved by the commission. Notwithstanding any other provision of law, the commission or its investigators may suspend without warning any license issued under subparagraph (l)(1) if, in their opinion, such sale of liquor, beverages, specialty beverages is contrary to the public interest.
(m) Performing Arts Facility. The commission may issue a cocktail lounge license to any nonprofit performing arts facility which seats more than 50 persons. The commission shall determine by rule whether a facility is a nonprofit performing arts facility. The cocktail lounge license shall allow the licensee to sell liquor, beverages, and specialty beverages to patrons in any rooms designated by the commission.
(n) Race Tracks.
(1) The commission may issue to any operator of a race track or designee a cocktail lounge license which shall allow the licensee to serve liquor, beverages, and specialty beverages to patrons in such rooms or areas as are located within the confines of the track and are approved by the commission and only during the hours set by the commission. Liquor, beverages, and specialty beverages sold by a licensee under this subparagraph need not be consumed with meals, provided that suitable food services, approved by the commission, are available for patrons. A licensee under this subparagraph may sell beverages, specialty beverages, and liquor on dates other than those on which races take place.
(2) Notwithstanding the requirements of RSA 178:22, II and V, a commercial motor vehicle racetrack facility with a paved course of at least 1/4 mile may elect to have an exception to the cocktail lounge definition of RSA 175:1, XXIII and requirements under RSA 178:22, V(n)(1) to sell beverages and specialty beverages only, from commission-approved beverage service facilities located in areas approved by the commission within the commercial motor vehicle racetrack facility and allow patrons to carry beverages and specialty beverages, not exceeding 2 containers at any time as approved by the commissioner, to approved grandstand seating, other seating accommodations, or areas approved for alcoholic beverage consumption by the commission under such rules as the commission may adopt pursuant to RSA 541-A.
(3) Notwithstanding paragraph III, a commercial motor vehicle racetrack licensed under this section may allow patrons to carry beverages and specialty beverages into the facility for on-premises consumption with approval of the commission.
(o) [Repealed.]
(p) Rail Cars. The commission may issue a cocktail lounge license to any railroad or rail car corporation, or their designees, operating rail cars authorizing the licensee to sell liquor, beverages, and specialty beverages in such cars to be consumed in such cars. The license shall be good throughout the state in both license and non-license territory, and only one license shall be required for all cars operated on the same line by the same owner. Rail cars traveling through New Hampshire from out of state jurisdictions may purchase supplies of liquor, wine, and beverages from sources other than as provided in RSA 179:32.
(q) Full Service Restaurants. The commission may issue a cocktail lounge license to any full service restaurant holding a full service restaurant license under RSA 178:21, II(a)(1), to serve liquor, beverages, and specialty beverages in any room of the restaurant designated by the commission. The cocktail lounge shall be operated in conjunction with the dining rooms. No cocktail lounge shall be operated on days that the dining room is closed. No cocktail lounge shall operate before the dining room opens for meals, except if breakfast and noon meals are not offered, the cocktail lounge may operate 3 hours before the dining room opens for the evening meals. Liquor, beverages, and specialty beverages served in such room need not be consumed with meals. The commission may extend the cocktail lounge license to include the use of a dining area in the restaurant, after such area has been closed for serving meals, but not before 9:00 p.m., as an overflow area for the cocktail lounge when the lounge is filled to capacity. In the overflow area, liquor, beverages, and specialty beverages need not be served with meals. Licenses shall be granted only to such restaurants as the commission, at its discretion, shall approve and then only to such restaurants as shall demonstrate to the commission, in the manner prescribed by the commission, that at least 50 percent of the combined restaurant and lounge sales shall fall within the category of food. Restaurants with annual food sales of at least $75,000 shall be exempt from the 50 percent requirement, and the commission shall prorate the annual food sale requirements for seasonal restaurants. The commission may grant, regulate, suspend, or revoke a cocktail lounge license without affecting any other license granted to such restaurant.
(r) [Repealed.]
(s) Vessels.
(1)(A) Watercraft. The commission may issue a cocktail lounge license to any owner or operator of a passenger vessel operating out of any port of the state. Such license shall allow the sale of liquor, beverage, and specialty beverages in any area of the vessel approved by the commission.
(B) Any licensee may open its vessel to school groups, youth organizations, or other gatherings of persons under the age of 18 years, for functions of a limited duration during which time all liquor, beverages, and specialty beverages shall not be made available to patrons and during which time all liquor, beverages, and specialty beverages shall either be removed from the vessel or be locked and unaccessible to persons other than employees approved by the commission. Any licensee who opens its vessel to groups under age 18 shall give written notice to the commission of such function at least 5 business days prior to the function. The provisions of RSA 178:22, II shall not apply during these functions.
(2) [Repealed.]
(t) [Repealed.]
(u) Sports/Entertainment Complex.
(1) The commission may issue a cocktail lounge license to the owner of a sports/entertainment complex, or any operator or designee contracting with the owner of the complex. Such license shall allow the sale or service of liquor, beverage, and specialty beverages in any clearly defined areas approved by the commission. Liquor, beverages, and specialty beverages shall be sold only at such times as a fee is charged for admission to an event at the sports/entertainment complex. Liquor and beverage shall not be sold or consumed in stadium or skybox seating at any interscholastic event. The provisions of RSA 178:22, II shall not apply to this license.
(2) The commission may issue to any sports/entertainment complex licensed under subparagraph (u)(1) a supplemental license to set up a separate bar facility to serve liquor, beverages, and specialty beverages to private groups in any area approved by the commission. The supplemental license shall allow the sports/entertainment complex to hold up to 9 events, 18 events, 36 events, and 52 events for the fees established in RSA 178:29, I. The sports/entertainment complex shall be responsible for compliance with this title and any rules adopted under it. The sports/entertainment complex shall notify the commission at least 5 days before any scheduled event which shall be serviced by such bar facility. The commission may suspend the use of any bar facility without affecting the status of any license in effect on the sports/entertainment complex premises.
(v) Sports Recreation Facility. The commission may issue a cocktail lounge license to any operator of a sport recreation facility or its designee. The license shall allow the licensee to serve liquor, beverages, and specialty beverages to patrons in designated drinking areas as approved by the commission.
Source. 2003, 231:13. 2006, 109:1. 2007, 20:2; 36:2, 5, I-VI. 2009, 88:1, eff. June 11, 2009. 2015, 211:1, eff. Sept. 4, 2015. 2016, 313:5, eff. Aug. 23, 2016. 2018, 197:5, eff. Aug. 7, 2018. 2020, 37:141, eff. July 29, 2020. 2023, 86:3, 10, eff. Aug. 19, 2023.
178:23 Seasonal and Multiple Year License.
I. The commission may issue seasonal retail licenses to persons who are otherwise eligible for an on-premises license under RSA 178:21 or RSA 178:22, an off-premises license under RSA 178:18, or a license under RSA 178:19 or RSA 178:20. Seasonal licenses shall be issued under the same terms and conditions as annual licenses, but shall be effective for 6 months.
II. No seasonal license shall be renewed unless 30 days have elapsed since the expiration of the previous seasonal license.
III. The fee for a seasonal license shall be 1/2 the applicable annual fee for the equivalent on-premises or off-premises license.
IV. [Repealed.]
V. [Repealed.]
Source. 2003, 231:13, eff. July 1, 2003. 2022, 254:7, eff. Aug. 23, 2022.
178:24 Authorization for Other Areas. A business holding a license authorizing the consumption of alcoholic beverages on its licensed premise may petition the commission for permission to extend service for beverages and liquor to any clearly defined area under the control of the licensee. In addition, a licensee may expand into a shared space, such as a sidewalk or street, with the approval of local officials. Petitions shall include written plans and diagrams that shall provide detailed information on the proposed extension of alcohol service. Petitions shall also conform to local zoning requirements and include the written approval of local officials. Businesses served by a waste disposal system, as defined by RSA 485-A:2, XI, shall obtain approval from the department of environmental services for any expansion under this section, unless the total number of seats remains the same or is reduced. Businesses that are on municipal sewer may expand seating as permitted by the municipality. The commission may approve plans submitted by licensees and may add such terms and conditions as it deems appropriate to preserve public health and safety. The commission may deny, in its discretion, any petition under this section which constitutes a risk to public health, safety, or welfare of any community.
Source. 2003, 231:13, eff. July 1, 2003. 2018, 197:1, eff. Aug. 7, 2018. 2021, 121:7, eff. July 9, 2021.
178:25 Transfer of Location.
A holder of an on-premises license restricted to the service of private groups may petition the commission for permission to operate under such license at a location owned or controlled by the licensee other than that designated in such license. The commission may grant such permission upon the following conditions:
I. Notice of the number of days during which the new premises are to be used shall not exceed 3 consecutive days at any one time, nor more than 6 nonconsecutive days, for any organization.
II. The petition shall have attached to it written statements from the officials of the town where the new premises are located as follows: approval of the chief of the fire department as to safety of the premises, approval by the health department as to sanitary accommodations, and approval by the chief of police as to accessibility of the premises.
III. During the time the substitute premises are in use the premises at the original location shall be closed.
IV. No games of chance of any sort shall be allowed at the additional premises which are so used under permission from the commission.
Source. 2003, 231:13, eff. July 1, 2003.
178:26 Additional Fees.
I. In addition to the annual license fees provided in this chapter, a fee of $.30 for each gallon of beverage sold or transferred for retail sale or to the public shall be required for licenses issued to wholesale distributors, beverage manufacturers, brew pubs, and nano breweries; provided, however, that if beverage container mandatory deposit legislation is enacted, such fee shall be $.18 per gallon as of the effective date of such legislation. A fee of 5 percent of the wholesale price per case of any specialty beverage sold or transferred for retail sale or to the public shall be required for licenses issued to wholesale distributors or beverage manufacturers. For failure to pay any part of the fees provided or under this section when due, 10 percent of such fees shall be added and collected by the commission from the licensee.
II. [Repealed.]
III. Each wholesale distributor, beverage manufacturer, or brew pub shall on or before the fifteenth day of each month pay the license fees as provided by paragraph I covering sales or transfers made during the preceding calendar month.
Source. 2003, 231:13. 2006, 54:1, eff. April 24, 2006. 2020, 37:135, eff. July 29, 2020. 2023, 86:4, eff. Aug. 19, 2023; 202:8, eff. Jan. 1, 2024.
178:27 Direct Shippers.
I. (a) Notwithstanding any other provision of law to the contrary, any person currently licensed in its state of domicile as a wine manufacturer, beverage manufacturer, importer, wholesaler, or retailer shall apply for a direct shipper permit from the commission.
(b) Applicants for a direct shipper permit shall be exempt from the provision of RSA 178:1, I requiring registration with the secretary of state, if the applicant is duly organized and registered to do business under the laws of the state in which the applicant is domiciled.
II. A direct shipper may ship directly to New Hampshire consumers over 21 years of age or licensees in packages clearly marked "Alcoholic Beverages, adult signature (over 21 years of age) required." All shipments from direct shippers into the state shall be made by a licensed carrier and such carriers are required to obtain an adult signature. Direct shippers or carriers shall not ship into areas of the state where alcohol beverages may not be lawfully sold. Liquor and wine that has been registered for sale to the commission with the commission during the previous 2 months may be direct shipped only if the shipper offers to sell a matching amount to the commission at wholesale. Shipments of any other products shall be considered unlicensed shipments under the provisions of RSA 178:1, I.
III. Except with written permission of the commission, no direct shipper shall ship more than 60 individual containers of not more than one liter each of liquor and not more than 12 - 9 liter cases or equivalent of wine to any one consumer in New Hampshire in any calendar year. The commission shall only grant permission for additional shipments if the additional shipments are of products not otherwise available in New Hampshire. Furthermore, in the event any direct shipper wishes to ship more than a total of 600 liters of any particular liquor or wine directly to any combination of licensees and/or consumers in New Hampshire, the shipper shall offer to sell a matching amount to the commission or beer distributor at the lower of the wholesale price or the lowest price delivered into New Hampshire. A licensee may purchase from a direct shipper pursuant to RSA 179:32, III.
IV. No direct shipper shall ship more than 27 gallons of beer or beverage in individual containers of not more than one liter to any licensee or consumer in New Hampshire in any calendar year.
V. (a) Direct shippers shall file reports for each shipment with the liquor commission, and shall pay a fee of 8 percent of the retail price for shipments of liquor, wine, beer, or beverage to the commission. Such reports shall be filed once per month for any month in which a shipment was made in a manner and form required by the commission and include the following information:
(1) The total amount of alcoholic beverages shipped into or within the state for the preceding month.
(2) The names and addresses of the purchasers to whom the alcoholic beverages were shipped.
(3) The date of purchase, if appropriate, the name of the common carrier used to make each delivery, and the quantity and retail value of each shipment.
(b) The commission may assess a $250 penalty for failure to report to the commission in a timely manner.
(c) Direct shippers shall maintain records for at least 3 years which will permit the commission to ascertain the truthfulness of the information filed and permit the commission to perform an audit of the direct shippers' filings upon reasonable request. Wholesale shipments of any liquor or wine shall be permitted only in accordance with RSA 175:6.
VI. The liquor commission shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The application procedures and form for the direct shipper permit authorized under paragraph I.
(b) The signature form or other identification procedures to be used by direct shippers to ensure that consumers to which liquor and beverage are being shipped are over 21 years of age.
(c) Filings of direct shippers under paragraph V.
VII. Notwithstanding the provisions of RSA 179:58, any person holding a direct shippers permit under this section who ships liquor, wine, or beer to a person under 21 years of age, shall be guilty of a class B felony and shall have such permit permanently revoked.
VIII. Upon notification by authorities in another state which imposes a reciprocal enforcement policy, a New Hampshire licensee proved to be making illegal direct shipments to consumers and licensees in said state shall be subject to action by the liquor commission. Such actions may include fines and suspension and revocation of New Hampshire liquor licenses.
Source. 2003, 231:13. 2010, 300:2-4, eff. Jan. 1, 2011. 2021, 180:11, eff. July 1, 2021.
178:27-a Alcohol Consultant.
I. The commission may issue an alcohol consultant license for the purpose of education directly to consumers over 21 years of age and soliciting orders for the sale of alcoholic beverages tasted during an educational event at a residence. No alcohol consultant shall deliver or provide alcoholic beverages for sale during an educational event.
II. All wine or liquor used for educational events shall be purchased from the liquor commission at retail or from an in-state manufacturer. All beverages used for educational events shall be purchased from a licensed wholesale distributor. Any beer, wine, or liquor not available in New Hampshire may be obtained from a direct shipper who holds a valid direct shipper permit.
III. An alcohol consultant may provide wine samples of no more than 2 ounces per person for each bottle sampled, beer samples of not more than 4 ounces per person, and liquor samples of not more than 0.5 ounces per person. An alcohol consultant may provide samples from up to 6 bottles of wine or liquor or 12 bottles of beer at each educational event.
IV. Alcohol consultants shall remove all unused product from the premises after the educational event.
V. A copy of the alcohol consultant license shall be in any vehicle transporting alcoholic beverages to or from an educational event.
VI. Alcohol consultants shall register each educational event with the liquor commission-division of enforcement and licensing. The commission shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The registration procedures and required information to ensure that consumers are over 21 years of age.
(b) The signature form or other identification procedures to be used by an alcohol consultant to ensure compliance with RSA 179:5 and 178:27.
VII. Any person holding an alcohol consultant license under this section who serves or permits or allows to be served alcoholic beverages to a person under 21 years of age shall be guilty of a class B felony and shall have such license permanently revoked.
VIII. Alcohol consultants shall maintain records for at least 3 years in a manner which will permit the commission to ascertain the truthfulness of the information filed and permit the commission to perform an audit of filings upon reasonable request.
Source. 2012, 140:4, eff. Aug. 6, 2012.
178:27-b Direct to Consumer Shipments of Alcohol to New Hampshire Residents.
I. (a) Notwithstanding any other provision of law to the contrary, any business licensed under this chapter as a beverage manufacturer, nano brewery, brew pub, wine manufacturer, liquor manufacturer or beverage distributor may apply for a direct to consumer shipping permit from the commission. The permit shall authorize the holder to sell and deliver alcoholic beverages to consumers 21 years of age or older located within the state of New Hampshire and businesses licensed by the commission for on-sale and off-sale of alcoholic beverages. The permit shall also authorize the licensee to deliver alcohol manufactured or distributed under their license to consumers 21 years of age or older residing in New Hampshire by means of vehicles registered to the New Hampshire licensee and holding a carrier license under RSA 178:14. There shall be no fee to obtain a shipping permit under this section. Nothing in this paragraph shall relieve the licensee of their obligation to comply with the record keeping and reporting requirements of this section when shipping products directly to legal age New Hampshire consumers by means of a third party holding a carrier license under RSA 178:14. Direct to consumer permittees or carriers shall not ship into areas of the state where alcoholic beverages may not be lawfully sold. Shipments of any other products shall be considered unlicensed shipments under the provisions of RSA 178:1, I.
(b) Any individual engaged in the delivery of alcoholic beverages pursuant to this section shall be an employee who regularly receives a W-2 from the licensee and is at least 21 years of age. During deliveries conducted under this section, the person making the delivery shall obtain 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 alcoholic beverages.
(c) No holder of a direct to consumer shipping permit shall deliver any alcoholic beverages to any college, university, or school, whether public or private, located within the state. No holder of a direct to consumer shipping permit shall deliver any alcoholic beverages to any public library, public playground, or public park.
II. Violations of this section shall be subject to the penalties contained in RSA 179:58.
Source. 2021, 180:5, eff. July 1, 2021. 2022, 254:5, eff. July 1, 2022. 2023, 86:6, eff. Aug. 19, 2023.
178:28 Discount and Credit on Sales to Licensees.
Pursuant to RSA 541-A and in furtherance of the objectives of this chapter and title, the commission shall adopt rules providing for the following:
I. When fixing the price for sale of liquor and wine to on-premises licensees, the commission may allow discounts at percentages to be determined by the commission from the regular retail price on case lot orders F.O.B. the warehouse or commission direct delivery system. No discount determined by the commissioner under this paragraph shall be less than 10 percent.
II. The commission shall adopt a schedule of hours and procedures by which wine and liquor may be purchased from the warehouse or state liquor store for resale by on-premises licensees on a credit basis, the terms of which shall provide for payment of accounts within a time period not to exceed 30 days and not less than 15 days to be determined by the commission.
III. The commission may adopt procedures by which on-premises licensees may purchase liquor for resale by credit card from state liquor stores, the warehouse, or the commission direct delivery system.
IV. A schedule of hours and procedures by which holders of off-premises retail licenses may purchase fortified wines and table wines by the bottle at state retail liquor stores.
V. A schedule of hours and procedures by which fortified wines and table wines may be purchased at the discount price for resale by holders of off-premises retail licenses at percentages of discount to be determined by the commission. Discounts for holders of off-premises retail licenses with annual wine purchases under $350,000 shall be no less than 15 percent less than the regular retail price in the liquor stores and 20 percent less than the regular price F.O.B. at the warehouse.
V-a. For the purpose of this provision, any person holding 2 or more licenses under RSA 178:18 with combined annual wine purchases under $350,000 shall receive at least 15 percent less than the regular retail price in the liquor stores and at least 20 percent less than the regular price F.O.B. at the warehouse. All combined annual wine purchases over $350,000 shall receive at least 10 percent less than the regular price F.O.B. at the warehouse.
V-b. The commission, in its discretion, may adjust discounts for off-premises licensees to optimize the profitability of the commission and maintain proper controls; provided that the commission does not reduce discounts below the percentages stated in paragraphs V or V-a.
VI. A schedule of hours and procedures by which fortified wines and table wines may be purchased for resale by holders of off-premises retail licenses on a credit basis, the terms of which shall provide for payment of accounts within a time period not to exceed 30 days and not less than 15 days to be determined by the commission.
Source. 2003, 231:13. 2008, 296:12, eff. July 1, 2008.
178:29 Fees; Expiration Dates; Transfers.
I. On-premises licensees shall pay the following applicable fees annually:
| Supplemental | Beverages | Beverages | Cocktail |
| Only | and Wine | and Liquor | Lounge |
| Airport | $1,200 | ||
| Ballroom | $ 45 | $1,200 | |
| Bed and Breakfast | $ 480 | $ 840 | |
| Beer and Specialty Beverage Festival | |||
| One-day | $ 250 | ||
| Two-day | $ 300 | ||
| Three-day | $ 350 | ||
| Catering (all) | $1,200 | ||
| Catering (off-site only) | $ 840 | ||
| Catering (on-site only) | |||
| 18 events | $ 5 | ||
| 36 events | $ 5 | ||
| 52 events | $ 5 | ||
| Club Military | $ 100 | ||
| Club Social | |||
| 9 events | $ 250 | ||
| 18 events | $ 450 | ||
| 36 events | $ 750 | ||
| 52 events | $1,200 | ||
| Club Private | $1,200 | ||
| Club Veterans | |||
| 9 events | $ 250 | ||
| 18 events | $ 450 | ||
| 36 events | $ 750 | ||
| 52 events | $1,200 | ||
| College Club | $1,200 | ||
| Convention Center | $2,400 | ||
| Dining Car | $ 480 | $ 840 | |
| Fairs | $ 112 | ||
| Hotel | $ 840 | $1,200 | |
| Liquor Festival | |||
| One-day | $250 | ||
| Two-day | $300 | ||
| Three-day | $350 | ||
| One day License | $ 100 | ||
| Performing Arts | $ 360 | ||
| Racetrack/Motor Vehicle | $1,800 | ||
| Racetrack/Pari-Mutuel | $3,000 | ||
| Rail Cars | $1,200 | ||
| Restaurant | $ 480 | $ 840 | $1,200 |
| Special License | $ 25 | ||
| Sports/Entertainment | $1,800 | ||
| Complex | |||
| 9 events | $ 250 | ||
| 18 events | $ 450 | ||
| 36 events | $ 750 | ||
| 52 events | $1,200 | ||
| Sports Recreation | |||
| Facility | $1,200 | ||
| Tobacco Retailer | $ 840 | ||
| Vessel | $ 480 | $ 840 | $1,200 |
| Wine Festival | |||
| One-day | $ 250 | ||
| Two-day | $ 300 | ||
| Three-day | $ 350 |
II. Off-premises licensees shall pay one of the following applicable fees annually:
(a) Retail wine:
(1) 1 register $216
(2) 2-3 registers $408
(3) 4 or more $648
(b) Combination license:
(1) 1 register $336
(2) 2-3 registers $540
(3) 4 or more registers $812
(c) Agency store license:
(1) 1 register $336
(2) 2-3 registers $540
(3) 4 or more registers $812
(d) Beer specialty:
(1) 1 register $480
(2) 2-3 registers $660
(3) 4 or more registers $876
(e) Retail tobacco license:
(1) 1 register, $216
(2) 2-3 registers, $408
(3) 4 or more registers, $648
III. Annual beverage licenses shall be as follows:
(a) Beverage manufacturer license:
(1) Domestic sales of 15,000 barrels or less per year, $1,200;
(2) Domestic sales of more than 15,000 barrels per year, $1,692.
(b) Beverage vendor license:
(1) Sales of 1-10 barrels per year, $120;
(2) Sales of 11-100 barrels per year, $240;
(3) Sales of 101-200 barrels per year, $360;
(4) Sales of more than 200 barrels per year, $1,920, for each manufacturer whose beverages are sold or offered for sale.
(c) Wholesale distributor license, $2,500.
IV. Carrier license, $120.
V. Annual wine and liquor licenses shall be as follows:
(a)(1) Domestic wine manufacturers of less than 1,000 cases of wine per year, $100.
(2) Domestic wine manufacturers of 1,000 or more cases of wine per year, $1,140.
(b)(1) Domestic liquor manufacturers of 1,000 or more cases of liquor per year, $1,692.
(2) Domestic liquor manufacturers of less than 1,000 cases of liquor per year, $300.
(c) Liquor and wine vendors:
(1) Sales of less than 1,000 cases per year, $300.
(2) Sales of between 1,000 and 5,000 cases per year, $1,500.
(3) Sales of between 5,000 and 10,000 cases per year, $3,000.
(4) Sales of between 10,000 and 25,000 cases per year, $6,000.
(5) Sales of between 25,000 and 50,000 cases per year, $9,000.
(6) Sales of over 50,000 cases per year, $12,000.
(d)(1) Wine and liquor representative with 4 or fewer salespersons, $500.
(2) Wine and liquor representative with 5 or more salespersons, $1,000.
(e) Liquor/wine/beverage warehouse license, $756.
V-a. Annual tobacco licenses shall be as follows:
(a) [Repealed.]
(b) Tobacco vending machine license, $35, plus $6 for each machine.
(c) Tobacco sampling license, $6.
V-b. (a) Annual direct shipper permit fees:
(1) Wine manufacturers, $100.
(2) Importers, retailers, and wholesalers, $500.
(b) If a direct shipper made less than 5 shipments during the permit year, the commission shall, upon request of the direct shipper, refund a portion of the permit fee. The amount of the refund shall be equal to 20 percent of the fee paid multiplied by the difference between 5 and the number of shipments made.
(c) The annual alcohol consultant fee shall be $100 or, if the alcohol consultant is an agent of a direct shipper, $25.
VI. Licensees upgrading a license type or increasing the number of registers shall pay the prorated difference between their current fee and the higher fee. Any required fee shall accompany the application.
VII. A license, other than a special, seasonal, fair, or one day license, shall expire on the last day of the month of the licensee's birthday. When the licensee is not a natural person, all licenses, other than special, seasonal, fair, or one day licenses, issued pursuant to this chapter shall expire on the last day of the month in which such licensee was incorporated or otherwise organized. Any license may be revoked prior to its expiration date by the commission for cause.
VIII. (a) Licenses shall not be transferred except with the consent of the commission. Each license shall designate the place of business for which it is issued. When transferred, a license shall, unless revoked for cause by the commission, remain valid, pursuant to paragraph VII, until the date on which such license would have expired had it not been transferred. The initial renewal of any such transferred license shall be effective until the last day of the month of the licensee's birthday. When the licensee is not a natural person, the initial renewal of any such transferred license shall be effective until the last day of the month in which such licensee was incorporated or otherwise organized. The fee for the initial renewal of any such transferred license shall be prorated. Subsequent renewals of transferred licenses shall each be effective for one year, unless revoked for cause by the commission.
(b) After one year, a licensee may select the anniversary month in which to renew a license. A licensee may change the anniversary renewal month of a license once by making a written request to the director of enforcement and licensing. A licensee who changes the anniversary renewal month of a license shall not change the anniversary renewal month for a period of 3 years from the selected month. Nothing in this paragraph shall be construed to be contrary to the provisions of RSA 178:3 or commission rules.
IX. All fees required under this chapter shall be accepted by the commission electronically or over the phone.
Source.Source. 2003, 231:13. 2007, 36:4. 2008, 341:16. 2009, 313:2. 2010, 300:5. 2011, 165:2. 2012, 140:5, eff. Aug. 6, 2012. 2016, 310:2, eff. July 1, 2016. 2018, 161:1, eff. Jan. 1, 2019; 197:4, eff. Aug. 7, 2018; 292:1, eff. Aug. 24, 2018. 2022, 120:2, eff. July 1, 2022; 254:4, eff. Aug. 23, 2022; 289:2-4, eff. Aug. 30, 2022. 2023, 202:10, eff. Jan. 1, 2024.
178:30 Beer and Specialty Beverage Festival Licenses.
I. The commission may issue a supplemental beer and specialty beverage festival license to the holder of a beverage manufacturer license, brew pub license, wholesale distributors license, beverage vendor license, on-premises license, or off-premises license. The commission may also issue a beer and specialty beverage festival license to a responsible person representing a voluntary nonprofit group or such group's designee. Notwithstanding any other provisions of law, the holder of a license under this section shall be allowed to organize, advertise, and hold an event not exceeding 3 days in length, promoting the products of the beverage industry. The provisions of RSA 178:22, I, III, and IV shall apply to any license issued under this section. The sales and services of alcoholic beverages shall be in a clearly defined area. Applications for a license under this section shall be filed with the commission 15 working days before the date on which the license is needed.
II. For purposes of regulation, any person issued a license under paragraph I shall be subject to all applicable statutory provisions and rules adopted under this title, except as directed by this section. Any violations committed by a supplemental licensee shall be considered violations against the applicant's annual or seasonal license.
III. No alcohol other than beverages, specialty beverages, and specialty beer shall be served under this license.
IV. Holders of a license issued under paragraph I may temporarily register beverages, specialty beverages, and specialty beer not currently registered for sale in New Hampshire. Registration shall be on forms provided by the commission. Registration forms shall be filed with the commission and an administration fee of $10 per brand registered shall be assessed. Temporary registration of beverages, specialty beverages, and specialty beer shall not be allowed once a registration form is filed with the commission. Any temporary registration filed under this paragraph shall expire upon the termination of the event or shall not exceed 3 consecutive days, whichever is longer.
V. Beverages, specialty beverages, and specialty beer registered with the commission under paragraph IV shall be purchased by the holder of the license. Additionally, fees of $.30 per gallon of beverages or specialty beer, or a fee of 5 percent of the wholesale price per case of any specialty beverage, purchased under this paragraph shall be paid to the commission by the licensee within 10 business days of the expiration of the license. Payment shall be accompanied by any forms and documentation required by the commission.
VI. Beverages, specialty beverages, and specialty beer purchased under paragraph V which are partially consumed or not consumed shall be returned to the supplier for credit or shall be destroyed.
VII. Notwithstanding any other provision of this chapter, holders of beverage manufacturer, beverage vendor, wholesaler, and brew pub licenses or any other industry member not licensed in New Hampshire may furnish draft beer equipment and/or representatives to dispense and promote their beverages, specialty beverages, and specialty beer at licensed beer festivals.
VIII. (a) No license shall be issued under paragraph I unless the applicant obtains:
(1) Official approval of the chief of the local fire department as to the safety of the location; and
(2) Official approval of the local health department concerning sanitary conditions; and
(3) Official approval of the local police department as to the accessibility and public safety of the location and the event.
(b) Written statements from such officials shall accompany the application for a license issued under paragraph I. The selectmen, city council, city manager, or town administrator may at their discretion, assign police officers to the location of the event where alcoholic beverages are served.
IX. Notwithstanding any other provision of law, the commission or its investigators may suspend, without warning, any license issued under paragraph I, if in their opinion, such continued sale or service of alcoholic beverages is contrary to the public interest.
Source. 2003, 231:13, eff. July 1, 2003. 2022, 254:3, eff. Aug. 23, 2022.
178:31 Wine and Liquor Festival Licenses.
I. The commission may issue a supplemental wine festival license, or a supplemental liquor festival license, to the holder of a wine manufacturer license or a liquor manufacturer license. The commission may also issue a wine or liquor festival license to a responsible person representing a voluntary nonprofit group or such group's designee. Notwithstanding any other provisions of law, the holder of a license under this section shall be allowed to organize, advertise, and hold an event not exceeding 3 days in length, promoting the products of the beverage industry. The provisions of RSA 178:22, I, III, and IV shall apply to any license issued under this section. The sales and services of alcoholic beverages shall be in a clearly defined area. Applications for a license under this section shall be filed with the commission 15 working days before the date on which the license is needed.
II. For purposes of regulation, any person issued a license under paragraph I shall be subject to all applicable statutory provisions and rules adopted under this title, except as directed by this section. Any violations committed by a supplemental licensee shall be considered violations against the applicant's annual or seasonal license.
III. No alcohol other than wine shall be served at a wine festival and no alcohol other than liquor shall be served at a liquor festival under this section.
IV. (a) No license shall be issued under paragraph I unless the applicant obtains:
(1) Official approval of the chief of the local fire department as to the safety of the location; and
(2) Official approval of the local health department concerning sanitary conditions; and
(3) Official approval of the local police department as to the accessibility and public safety of the location and the event.
(b) Written statements from such officials shall accompany the application for a license issued under paragraph I. The selectmen, city council, city manager, or town administrator may at their discretion, assign police officers to the location of the event where alcoholic beverages are served.
V. Notwithstanding any other provision of law, the commission or its investigators may suspend, without warning, any license issued under paragraph I, if in their opinion, such continued sale or service of alcoholic beverages is contrary to the public interest.
Source. 2011, 165:3, eff. Aug. 13, 2011. 2018, 197:2, eff. Aug. 7, 2018.