TITLE XIII
ALCOHOLIC BEVERAGES

Chapter 179
ENFORCEMENT, REQUIREMENTS AND PENALTIES

Section 179:1

    179:1 Possession. – No person shall possess, transport, procure, furnish, or give away any beverage or liquor except such as has been sold under the provisions of this title or legally purchased outside the state and except as otherwise provided in this title.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:2

    179:2 Seizure. – Any beverage or liquor possessed, kept for sale, or transported in violation of the provisions of this title or any law of the state, together with the casks, bottles, or other paraphernalia used in such illegal possession, keeping, or transportation, shall be subject to seizure either upon a warrant issued upon a complaint against the person charged with violating the law, and containing a command for such seizure, or upon a libel directed against the property, filed in accordance with the provisions of RSA 617, and upon due proceedings may be adjudged forfeited. When any sheriff or deputy sheriff, duly appointed police officer or constable of any city or town, or other duly appointed law enforcement officer, shall discover any person in the act of transporting beverages or liquor in violation of this chapter or any other law of this state, in any wagon, buggy, automobile, watercraft, aircraft, or other vehicle, or any other conveyance, it shall be his duty to seize all beverage and liquor found therein being transported contrary to law. No officer shall, without a warrant, cause any automobile or other vehicle traveling upon a public highway in this state to be stopped for the purpose of searching the same for beverages or liquor unless he has reasonable cause to believe that such automobile or other vehicle is, at the time of said stopping or search, being used for the illegal transportation of beverage or liquor. Whenever beverage or liquor being illegally transported shall be seized by an officer he shall take possession of any vehicle, team, automobile, boat, aircraft, watercraft, or any other conveyance engaged in such illegal transportation, and shall arrest any person or persons in charge of such transportation. Such officer shall at once proceed against the person or persons arrested under the provisions of this chapter in any court having competent jurisdiction, and the vehicle or conveyance, on due proceedings in accordance with the provisions of RSA 617, may be adjudged forfeited, unless by intervention or otherwise at hearing, or in some other proceeding brought for the purpose, a lien or liens shall be established to have been created without notice that such vehicle was being used or was to be used for the illegal transportation of beverage or liquor. The vehicle may be ordered sold by the court, and the proceeds of the sale, after deducting the expenses of keeping and sale, used for the purpose of paying such liens in the order of their priority, and the balance disposed of as provided in RSA 179:3. If a lien or liens shall be established in excess of the value of such vehicle, the court shall order its surrender to the first lienholder upon payment of costs of seizure, but subsequent lienholders shall have the right of redemption in the order of their liens upon satisfaction of prior liens and charges, provided such right is asserted within such time as the court shall fix in its order of surrender.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:3

    179:3 Forfeiture. – Upon a decree of forfeiture, the beverage and liquor, with the casks, bottles, cases, or containers, may be adjudged to be destroyed, or they, and any other property which may be seized or forfeited under the provisions of this chapter, may be sold in accordance with the decree of the court. The proceeds of any sale of such property duly forfeited, after deducting the expense of the seizure and proceedings, shall be paid into the treasury of the county in which the proceedings were determined, for its use.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:4

    179:4 Forfeiture of Liquor and Beverage. – Any person who is taken into protective custody for intoxication or convicted of driving a motor vehicle under the influence of beverage or liquor shall forfeit any liquor or beverage upon his person or in the vehicle, if any, at the time of the commission of the offense. This section shall not apply to liquor or beverage legally in his possession for the purpose of sale. Any liquor or beverage so forfeited shall be disposed of as the court may determine and the proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined for its use.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:5

    179:5 Prohibited Sales. –
I. No licensee, salesperson, direct shipper, common carrier, delivery agent, nor any other person, shall sell or give away or cause or allow or procure to be sold, delivered, or given away any liquor or beverage to a person under the age of 21 or serve an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated. For all deliveries of packages by common carrier or delivery agent marked "alcoholic beverages" or "alcoholic products," the carrier shall obtain an adult signature.
II. No licensee, manager or person in charge of a licensed premises shall allow or permit any individual, who is under the age of 21, to possess or consume any liquor or beverage on the licensed premises.

Source. 1990, 255:1. 1996, 275:16. 1998, 167:6; 331:13. 2009, 95:1. 2010, 300:6, eff. Jan. 1, 2011. 2016, 108:2, eff. May 20, 2016.

Section 179:5-a

    179:5-a Sale of Kegs of Malt Beverages; Penalty. –
I. The commission by rule shall require the identification of kegs of malt beverages sold directly to consumers who are not licensees of the commission and the signing of a receipt therefor by the purchaser in order to allow the kegs to be traced if the contents are consumed in violation of the Title XIII. The keg identification shall be in a form prescribed by the commission which identifies the seller and which is removable or obliterated when the keg is processed for refilling. The receipt shall be on a form prescribed and supplied by the commission and shall include the purchaser's name, address, and motor vehicle operator's license number, if any. The receipt shall contain a statement that shall be signed by the purchaser that, under penalty of unsworn falsification, the purchaser shall not allow consumption of any malt beverage in the keg in violation of the provisions of RSA 179:5. A copy of the receipt shall be given to the purchaser and the seller shall retain the original receipt for such period as the commission by rule may require.
II. Possession of a keg containing malt beverage, which is not identified as required by paragraph I of this section, shall be a violation.
III. Any person, other than a beverage manufacturer or wholesaler, who removes the identification prescribed by paragraph I shall be guilty of a violation.
IV. A person who signs a receipt described in paragraph I in order to obtain a keg, knowing the receipt to be false, or who falsifies any information required on the receipt, is guilty of unsworn falsification as prescribed by RSA 641:3.
V. As used in this section, "keg" means any brewery-sealed, individual container of malt beverage having a liquid capacity of more than 7 gallons.

Source. 2000, 259:1, eff. Jan. 1, 2001.

Section 179:5-b

    179:5-b Enforcement Activity Verifying Noncompliance. – It shall be a violation to sell any liquor or beverage to a minor during enforcement activity initiated solely for the purpose of verifying noncompliance with RSA 179:5. It shall be a misdemeanor to knowingly sell liquor or beverage to a minor at the time of any such enforcement activity. The commission shall retain the right to require the licensee in such a circumstance to initiate additional training of its staff or individual employee. This section shall not apply to law enforcement initiatives involving surveillance, investigations, or criminal complaints of prohibited sales.

Source. 2010, 283:1, eff. Jan. 1, 2011.

Section 179:6

    179:6 Sale of Cider to Persons Under 21. – Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to sell or cause or allow or procure to be sold to any person under 21 years of age, cider containing not less than 1/2 of one percent of alcohol by volume at 60 degrees Fahrenheit.

Source. 1990, 255:1. 1995, 34:12, eff. June 23, 1995.

Section 179:7

    179:7 Sales to Persons Under 21. –
The establishment of all the following facts by a person making a sale of liquor or beverage to a person under the age of 21 shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:
I. That the person falsely represented in writing and supported by some official document that he was 21 years of age or over;
II. That the appearance of the person was such that an ordinary and prudent person would believe him to be 21 years of age or over; and
III. That the sale was made in good faith relying upon such written representation and appearance in the reasonable belief that the person was actually 21 years of age or over.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:8

    179:8 Statement From Purchaser as to Age. –
I. For the purposes of RSA 179:7, any person making the sale of beverages or liquor to any person whose age is in question shall require the purchaser to furnish any of the following documentation that such person is 21 years of age or over:
(a) A motor vehicle driver's license issued by the state of New Hampshire, or a valid driver's license issued by another state, the District of Columbia, a United States territory, or a province of Canada, which bears the date of birth, name, address, and picture of the licensee.
(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or any picture identification card issued by another state, the District of Columbia, or a United States territory, which bears the date of birth, name, and address of the individual.
(c) An armed services identification card.
(d) A valid passport from a country with whom the United States maintains diplomatic relations.
II. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall not be expired and shall be correct and free of alteration, erasure, blemish, or other impairment.

Source. 1990, 255:1. 1998, 167:7, eff. July 1, 1998. 2015, 179:1, eff. June 26, 2015. 2016, 71:3, eff. May 10, 2016.

Section 179:9

    179:9 Person Misrepresenting Age. –
I. A person who falsely represents his age for the purpose of procuring liquor or beverage and who procures such liquor or beverage shall be guilty of a misdemeanor. Any person who violates any of the provisions of this section shall be fined for his first offense a minimum of $500. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. A second or subsequent offense shall carry a $1,000 minimum fine.
II. Notwithstanding paragraph I or any other law to the contrary, any person who possesses or uses or displays in any manner a false identification card, document, license, or any other document which represents such person's age for the purpose of purchasing liquor, beverages, or beer as defined in RSA 175:1 by the bottle, can, glass, container, or drink in any manner shall be fined a minimum of $500. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. The provisions of this paragraph do not reduce the maximum penalty which could be imposed for such an offense pursuant to paragraph I. A second or subsequent offense shall carry a $1,000 minimum fine.
III. An identification card issued under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b shall be withdrawn for violation of this section for 90 days. In addition, the director of the division of motor vehicles shall withdraw, for 90 days, the identification card of any person who allows his card to be used or displayed by another person for the purpose of purchasing liquor or beverages as defined in RSA 175:1.

Source. 1990, 255:1. 1996, 275:17. 2002, 107:1, eff. Jan. 1, 2003. 2016, 71:4, eff. May 10, 2016.

Section 179:10

    179:10 Unlawful Possession and Intoxication. –
I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

Source. 1990, 255:1. 1998, 167:8. 2002, 256:1. 2005, 177:47. eff. July 1, 2005.

Section 179:10-a

    179:10-a Attempt to Purchase Alcohol. – Notwithstanding any other law to the contrary, any person under the age of 21 years, who possesses beverage or liquor with the intent to purchase said beverage or liquor, and who does or omits to do anything which, under the circumstances as such person believes them to be, is an act or omission constituting a substantial step towards the purchase of an alcoholic beverage shall be guilty of a violation.

Source. 1996, 275:18, eff. June 10, 1996.

Section 179:11

    179:11 Holders of Beverage Manufacturer, Wholesale Distributor, Beverage Vendor, and Other Licenses; Prohibited Interests. –
I. No holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or beverage vendor license shall sell, cause to be sold, rent, lend or cause to be loaned, or give to any on-premises or off-premises licensee or to the owner of the premises on which the business of any on-premises or off-premises licensee is to be conducted any money, equipment, furniture, fixtures, or property with which the business of any on-premises or off-premises licensee is to be conducted, nor shall any on-premises or off-premises licensee purchase, cause to be purchased, rent, borrow, solicit, or accept from any holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or beverage vendor license any money, equipment, furniture, fixtures, or property with which the business of the on-premises or off-premises licensee is to be conducted, nor shall any holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or beverage vendor license install or service equipment, furniture, fixtures, or property of any on-premises or off-premises licensee, except as may be designated by the commission.
II. There shall be no restriction on the number of off-premises licenses held by any person. No holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or beverage vendor license shall in any way contribute or pay any money or anything in lieu thereof to any on-premises or off-premises licensee, or the licensee's agent or employees, or to any group, association, or organization thereof, including, but not limited to, payment for the placement, display, or sale of any beverage. Nothing in this section shall prohibit any licensee from being a member of a club holding a permit or license under this title, nor prohibit the sale or purchase, for resale, of merchandise or beverages for the conduct of the business of any on-premises or off-premises licensee. Nothing in this section shall prohibit a holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or beverage vendor license from bringing such holder's own product from the storeroom of an on-premises or off-premises licensee to a warm shelf, display, refrigerated retail space, or refrigerated storage. Nothing in this section shall prohibit the holder of a beverage manufacturers license, wholesale distributors license, brew pub license, or beverage vendors license from rotating, reorganizing, cleaning, and resetting such holder's own product once the product is on an on-premises or off-premises licensee's warm shelf, or in an on-premises or off-premises licensee's refrigerated retail space, or refrigerated storage.
III. No holder of an on-premises or off-premises license shall knowingly employ in any capacity any person who is the holder of any license provided under this title, except that the holder of an on-premises license may employ the holder of an off-premises license in an entertainment capacity.
IV. Except as provided in paragraphs IV-a and IV-b, no holder of a beverage manufacturer license, brew pub license, or beverage vendor license and no member of a limited liability company, officer, director, employee, or agent of a beverage manufacturer licensee, brew pub licensee, or beverage vendor licensee shall have an interest, either direct or indirect, in the business of the holder of a wholesale distributor on-premises or off-premises license.
IV-a. Notwithstanding RSA 179:11, IV or any other provision of this chapter, a beverage manufacturer or beverage vendor may participate in a limited partnership as defined in RSA 304-B with a wholesale distributor in which the beverage manufacturer or beverage vendor is a limited partner and the wholesale distributor is a general partner. The duration of any such limited partnership arrangement shall not exceed 10 years.
IV-b. This section shall not prohibit a beverage manufacturer or beverage vendor from extending financing to a wholesale distributor. In the event of a default by the wholesale distributor, the beverage manufacturer or beverage vendor shall not control or operate the wholesale distributor for more than 180 days.
IV-c. Any financial agreement allowed under paragraph IV-a or IV-b shall be submitted to the commission for approval and shall comply with all applicable statutes and administrative rules of the commission.
IV-d. No holder of a beverage manufacturer license or beverage vendor license, who enters into a limited partnership or lender/debtor relationship with a wholesale distributor shall have any managerial control over the day-to-day operations of such wholesale distributorship.
V. Except as provided under RSA 178:12, II or RSA 178:16, III, no holder of a wholesale distributor license and no officer, director, stockholder, member of a limited liability company, employee, or agent of the holder of a wholesale distributor license shall through interlocking stock ownership, interlocking directors, or otherwise, have an interest, either direct or indirect, in the business of the holder of an on-premises license. Nothing in this paragraph shall be construed to apply to normal credit relations between licensees.
VI. The provisions of paragraphs IV through V shall also apply to liquor and wine manufacturers, liquor and wine vendors, and liquor and wine representatives.

Source. 1990, 255:1. 1992, 226:4. 1994, 6:1; 236:5. 1995, 139:13. 1996, 275:37; 289:6, 7. 1997, 63:1, 2. 1998, 42:1. 2002, 54:1. 2003, 231:14, eff. July 1, 2003.

Section 179:12

    179:12 Repealed by 1996, 275:35, I, eff. June 10, 1996. –

Section 179:13

    179:13 Limited Credits. –
I. Each holder of a wholesale distributor, brew pub, nano brewery, or beverage manufacturer license shall report to the commission the name and license number of any on-premises or off-premises licensee who is delinquent in making payment of accounts over a total of $100 within 10 days, including Sundays and holidays, from the date of delivery of beverages on the premises of such on-premises or off-premises licensee or on the premises of a liquor/wine/beverage warehouser storing the beverages for an on-premises or off-premises licensee. Each holder of a wholesale distributor license, brew pub license, nano brewery license, beverage manufacturer license, or beverage vendor license shall report to the commission the name and license number of any holder of a wholesale distributor license who is delinquent in making payments of accounts within 30 days from the date of delivery of beverages on the premises of such holder of a wholesale distributor license. Such report to the commission shall include the amounts purchased and the dates when payments were due and shall be forwarded to the commission within 5 days after said accounts become delinquent, unless the fifth day of such period is a Sunday or holiday in which case the report shall be forwarded the day following such Sunday or holiday.
II. Each holder of a beverage manufacturer license, beverage vendor license, brew pub license, nano brewery license, or wholesale distributor license shall immediately notify the commission of the receipt of the payment of any account which has been reported to the commission as delinquent. Post-dated checks beyond the 5-day reporting period shall not constitute payments of accounts for the purchases of beverages. Checks given in payment for beverages which are returned for nonpayment after the 5-day reporting period shall immediately constitute a delinquency and shall, upon return, be reported to the commission. Payments collected by agents shall be reported as delinquent unless actually received at the place of business of the holder of the beverage manufacturer license, beverage vendor license, brew pub license, nano brewery license, or wholesale distributor license on or before the fifth day of the reporting period. When collections are made by an agent, the sales slips or invoices shall be clearly marked with the name of the person making the collection and the date of such collection. Nothing in this section shall prohibit a licensee from making a payment by credit card, debit card, or other acceptable commercial means. Holders of a beverage manufacturer license, beverage vendor license, brew pub license, nano brewery license, or wholesale distributor license may add a transactional fee to the delinquent account when accepting a payment method that incurs a transactional fee. Nothing in this section shall require a beverage manufacturer licensee, beverage vendor licensee, brew pub licensee, nano brewery licensee, or wholesale distributor licensee to accept a credit card, debit card, or other acceptable commercial means.
III. The commission shall inform holders of beverage manufacturer licenses, beverage vendor licenses, brew pub licenses, nano brewery licenses, and wholesale distributor licenses of the names of licensees who are delinquent in making payments of a total amount of $100 or more under the provisions of this section and no holder of a beverage manufacturer license, beverage vendor license, brew pub license, nano brewery license, or wholesale distributor license shall knowingly make any delivery of beverages to any licensee whose payments for purchases of beverages are reported as delinquent under this section. The commission may withhold names of delinquent licensees under circumstances in which there is a dispute over payments, an agreement to liquidate which has been approved by the commission, or other reason which the commission may deem proper.
IV. The commission may impose a fine of not less than $100 nor more than $500 for a violation of this section. Determinations of a failure to comply with this section shall be made by the commission.
V. Each wholesale distributor, brew pub licensee, nano brewery, or beverage manufacturer shall notify any retailer reported to the commission pursuant to RSA 179:13, I who is delinquent in making payment of accounts. Notification shall be delivered in writing to the licensee by a representative of the wholesaler, brew pub licensee, nano brewery, or beverage manufacturer. Proof of notification shall be forwarded to the commission, whose enforcement division shall issue an administrative notice for a violation of the provisions of RSA 179:13, I and shall forward a report of violation for administrative action. Any license issued to any business violating the provisions of RSA 179:13, I may be suspended by the commission for nonpayment of accounts which are delinquent more than 15 days from the date of the wholesale distributor's, brew pub licensee's, nano brewery's, or beverage manufacturer's notification, providing the requirements of this section have been met.

Source. 1990, 255:1. 1992, 115:2, 3. 1996, 275:20. 1997, 207:16. 1998, 42:2; 78:1, 2. 1999, 169:5, 6. 2003, 231:15. 2011, 128:2, eff. July 1, 2011 at 12:01 a.m. 2018, 85:1, eff. July 24, 2018.

Section 179:14

    179:14 Reports. – Each beverage manufacturer licensee, beverage vendor licensee, brew pub licensee, and wholesale distributor of beverages within the state shall, on or before the tenth day of each month, furnish to the commission, on a form prescribed, a statement under penalty of perjury showing the quantity of beverages sold for resale and the quantity of beverages sold under an off-premises license during the preceding calendar month, within the state.

Source. 1990, 255:1. 1992, 115:4. 1999, 169:7. 2003, 231:16, eff. July 1, 2003.

Section 179:15

    179:15 Transportation of Beverages and Wine. –
I. A person may transport or deliver beverages and wines in this state without a license, provided such beverages and wines were obtained as authorized by this title and provided such beverages and wines are for consumption only and not for resale purposes.
II. Licensees may transport and deliver to their place of business beverages and wines purchased as authorized under this title, and may transport and deliver anywhere in the state such beverages and wines ordered from and sold by them in vehicles operated under the control of themselves or of their employees, provided that the owner of such vehicles shall carry a copy of the license issued by the commission in the vehicle driven on behalf of the licensee for whom they are transporting such beverages and wines.
III. (a) Notwithstanding the provisions of paragraph II, an on-premises licensee may purchase a restaurant delivery license from the commission for $250. Such license shall expire one year after the date of issue and may be renewed by an on-premises licensee for $250 each year.
(b) An on-premises licensee in possession of a restaurant delivery license shall only be permitted to transport beverages and wines for delivery to consumers subject to the following requirements:
(1) All deliveries of beverages and wines shall be accompanied by food prepared by the restaurant delivery licensee and ordered by the consumer;
(2) All deliveries of beverages and wine conducted pursuant to this section shall be undertaken during the on-premises licensee's hours of operation and shall be delivered only to areas where the sale of alcoholic beverages is permitted;
(3) All deliveries of beverages and wine shall be solely for the personal consumption of the consumer and not for resale;
(4) All beverages and wines transported pursuant to RSA 179:15, II shall be transported in their original, manufactured, sealed containers and shall consist of no greater than 192 ounces of malt beverage or 1.5 liters of sparkling or still wine;
(5) Any individual engaged in the delivery of beverages and wines pursuant to this section shall be an employee who regularly receives a W-2 from the on-premises licensee and is at least 21 years of age; and
(6) During deliveries conducted under this section, the person engaged in making the delivery shall acquire a signed receipt from the consumer. Consumers who appear visibly intoxicated or who a reasonable and prudent person would know are intoxicated, who do not produce identification verifying the consumer's age, or who fail to sign a receipt shall not be entitled to his or her delivery of beverages or wine.
(c) No holder of a restaurant delivery license or on-premises license shall deliver any alcoholic beverage to any college, university, or school, whether public or private, located within the state. No holder of a restaurant delivery license or on-premises license shall deliver any alcoholic beverage to any public library, public playground, or public park.
IV. A person holding an on-premises license engaged in take-out services may include beverages and wine with meals sold to a consumer for consumption by the consumer and not for resale. The requirements set forth in subparagraph III(b) shall apply to any take-out meal sold with beverages or wine.
V. Every person operating such a vehicle, when engaged in such transportation or delivery, shall carry a copy of the license in the vehicle so operated, and shall carry such evidence as the commission by rule may prescribe showing the origin and destination of the beverages and wines being transported or delivered. Upon demand of any law enforcement officer, investigator, or employee of the commission, the person operating such vehicle shall produce for inspection a copy of the license and the evidence required by this section. Failure to produce such license or evidence shall constitute prima facie evidence of unlawful transportation. Except as otherwise provided, beverages and wines may be transported within the state only by a railroad or steamboat corporation or by a person regularly and lawfully conducting a general express or trucking business, and in each case holding a valid carrier's license issued by the commission. Nothing in this section shall prohibit individual retail licensees from arranging for the delivery of wine products to a location central for the parties involved.

Source. 1990, 255:1. 1997, 207:17. 2003, 231:17, eff. July 1, 2003. 2021, 117:1, eff. July 9, 2021.

Section 179:16

    179:16 Adulteration. – Any licensee allowed to sell beverages and wines to be consumed on the premises as provided in this title who shall allow any adulteration of said beverages or wines so as to increase their alcoholic content shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, and shall lose his license to sell for a period of not less than 6 months. Any person adulterating or causing to be adulterated beverages which are consumed on the premises under such a license shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:17

    179:17 Hours of Sales. –
I. The commission may from time to time fix either generally or specially for each license the hours between which licensees may sell beverages or liquor and may adopt such rules as to the conduct of persons holding sellers' licenses as it deems proper.
II. The following restrictions on hours of sale reflect the times during which a licensee may sell beverages or liquor, unless further extended by the commission:
(a) Off-premises licensees may sell from 6:00 a.m. to 11:45 p.m., 7 days a week.
(b) On-premises licensees may sell from 6:00 a.m. to 1:00 a.m., 7 days a week. The licensee may sell until 2:00 a.m. under conditions authorized by the legislative body of the city or town in which the premises are located if the legislative body adopts an ordinance authorizing such sales.
(c) Wine manufacturer licensees may sell from 6:00 a.m. to midnight, 7 days a week.
(d) Wholesale distributor licensees may sell from 6:00 a.m. to midnight, 7 days a week.
(e) Beverage manufacturer licensees may sell from 6:00 a.m. to midnight, 7 days a week.
(f) Brew pub licensees may sell off-sale from 8:00 a.m. to 10:00 p.m., 7 days a week.
III. There shall be no additional restrictions on sales by any licensees on election days.
IV. All beverages and liquor served on the premises of on-premises licensees shall be consumed no later than 30 minutes after expiration of the serving hour. No beverages shall be moved from any off-premises licensee's establishment at any time except during those periods indicated as hours of sale.
V. No bottle club shall be operated or maintained after the hours fixed for the sale of beverages by on-premises licensees.
VI. Any person who violates any provision of paragraph V shall be guilty of a misdemeanor.

Source. 1990, 235:7; 255:1. 1994, 236:6. 1995, 129:3. 2003, 231:18, 19. 2013, 213:1, eff. Jan. 1, 2014.

Section 179:18

    179:18 Posting of Age Requirements. – The commission shall prepare and distribute to business establishments which sell, serve or otherwise dispense liquor or beverage to the general public, posters to be displayed on the premises in a conspicuous place. The posters shall contain a summary and explanation of the laws relative to drinking age restrictions.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:19

    179:19 Entertainment and Entertainers. –
I. In this section:
(a) "Dancer" means a person or a group of people who, with or without compensation, move their feet, or body, or both, to the accompaniment of music in a premises approved to sell alcoholic beverages. "Dancer" shall not be construed to mean a person or group of individuals who perform dances based upon ethnic, cultural, or historical customs.
(b) "Entertainer" means a person who, with or without compensation, performs in a premises licensed to sell alcoholic beverages. "Entertainer" shall not include a "dancer" as defined under subparagraph I(a).
II. On-premises licensees may provide entertainment and dancing, in clearly defined areas on their licensed premises, provided they have received written authorization by the town or city and they have provided the commission with a copy of that authorization. A cover charge may be assessed to cover the cost of live entertainment. Notwithstanding any other provision of law, paragraph III shall not be construed to permit a person under the age of majority to perform, paid or unpaid, as a dancer in any licensed premise.
III. No person licensed to sell liquor or beverage under RSA 178 may employ as an entertainer any person who is under 17 years of age in a cocktail lounge where liquor or beverages are sold.
IV. [Repealed.]
V. On-premises or off-premises licensees may install amusement machines on their premises. Nothing in this paragraph shall be construed in any way to limit the powers of municipalities under RSA 31:41-d to adopt bylaws relative to licensing amusement machines and to determining the number, location, and types of machines allowed in the municipality.
VI. Licensees shall not allow gambling or wagering on their premises.
VII. The use of darts shall be allowed in clearly defined areas.

Source. 1990, 255:1. 1992, 153:4; 227:2. 1995, 37:1. 1996, 275:21. 1998, 374:1. 2003, 231:20, 21, 52, VI, eff. July 1, 2003.

Section 179:20

    179:20 Employee Restrictions. –
I. No person, except a citizen of the United States or legal resident alien, shall be employed to sell or deliver any liquor or beverage.
II. No on-premises or off-premises licensee shall consume beverage or liquor while working. No employee, as defined in RSA 275:4, II, shall consume beverage or liquor while working. For the purposes of this paragraph the term "employee" shall not include "dancer" as defined by RSA 179:19, I(a) or "entertainer" as defined by RSA 179:19, I(b).

Source. 1990, 255:1. 2003, 231:22. 2008, 327:1, eff. Jan. 1, 2009. 2018, 174:1, eff. Aug. 7, 2018.

Section 179:21

    179:21 Employment Prohibited. – No elected state official, liquor commissioner, or employee of the liquor commission responsible for making recommendations to the commission relative to the purchase of liquor, wine, or beer shall hold a liquor or wine representative license for a period of one year from the date that such person leaves office or terminates such employment.

Source. 1990, 255:1. 1996, 275:22. 2004, 76:1. 2013, 258:8, eff. Sept. 22, 2013.

Section 179:22

    179:22 Employment Intervention; Penalty. –
I. It shall be unlawful for any elected state official knowingly to:
(a) Intervene in the selection, employment or dismissal of any liquor or wine representative, or other agent or employee of any distiller, importer, rectifier, or other holder of a liquor or wine manufacturer license or liquor or wine vendor license.
(b) Intervene in the stocking, displaying, listing, delisting, or marketing policies, practices, or decisions of the commission regarding products authorized by the commission to be sold in this state.
II. It shall be unlawful for the liquor commissioner or any employee of the commission knowingly to intervene in the selection, employment, or dismissal of any liquor or wine representative, or other agent or employee of any distiller, importer, rectifier, or other holder of a liquor or wine manufacturer license or liquor or wine vendor license.
III. It shall be unlawful, except as authorized by procedural rules adopted by the commission under RSA 541-A, for any liquor or wine representative or liquor or wine vendor, to knowingly intervene in the stocking, displaying, listing, delisting or marketing policies, practices, or decisions of the commission regarding products authorized by the commission to be sold in this state.
IV. Any person who shall be convicted of violating any provision of this section shall be guilty of a class B felony.

Source. 1990, 255:1. 2013, 258:9, eff. Sept. 22, 2013.

Section 179:23

    179:23 Employment; Employment of Minors; Felon Exception. –
I. No licensee shall employ any minor, with or without compensation, to serve or otherwise handle liquor or beverages, except that off-premises licensees may employ minors of not less than 15 years of age when beverages or wine is sold in the original container and delivered in the place of business of the seller, or at the vehicle of the buyer parked on or adjacent to the premises of the seller. To act as a cashier in a selling capacity a minor shall be at least 16 years of age, providing a person at least 18 years of age is in attendance and is designated in charge of the employees and business.
II. An on-premises licensee may employ any person not less than 18 years of age to serve or otherwise handle liquor and beverages while employed as a waiter, waitress, bartender, or hostess in a licensed premises. Minors not less than 15 years of age may be employed in dining areas and minors not less than 16 years of age may be employed in lounge areas to clean tables, remove empty containers and glasses, and assist in stocking. A person at least 18 years of age shall be in attendance and be designated in charge of the employees and business.
III. The provisions of this section shall in no way prohibit an on-premises or off-premises licensee from employing persons 18 years of age or older to sell, serve, or otherwise handle or be left in charge of the employees and the business.
IV. Each licensee shall designate one or more persons to be in charge of the premises. Each designated person in charge shall file an affidavit with the commission attesting to the fact such person is 18 years of age or older and has not been convicted of a felony. For the purposes of this section, any corporate officer or member of a limited liability company shall be deemed to be a person in charge of the licensed premises. For the purposes of this section, any person designated as a person in charge by a licensee shall be considered so designated for all licenses held by the licensee. The commission shall maintain records of all affidavits filed by licensees.
V. [Repealed.]
VI. [Repealed.]

Source. 1990, 255:1. 1992, 227:3. 1993, 88:1. 1998, 167:9. 2000, 253:1. 2003, 231:23, eff. July 1, 2003. 2017, 118:2, II, eff. Jan. 1, 2018.

Section 179:24

    179:24 Change of Manager. – In the event a licensee has designated a person approved by the commission to manage the business for him and the employment of such manager shall terminate, such licensee shall notify the commission of such termination and shall within 30 days after termination designate a new manager. If no manager acceptable to the commission is designated within the 30-day period, the license may, in the discretion of the commission, be revoked.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:25

    179:25 Sign Restrictions. –
I. No brand advertising of liquor or beverages sold in this state shall be allowed through the use of internally illuminated signs outside the licensed premises. Brand advertising of liquor or beverages sold in this state shall be allowed through the use of internally illuminated signs inside the licensed premises. Notwithstanding the above, liquor manufacturers, wine manufacturers, beverage manufacturers and wholesale distributors may advertise on the site of their licensed premises through the use of internally illuminated signs.
II. For the purposes of this section, internally illuminated signs shall include back lighted, or similar signs, but shall not include neon signs.
III. All exterior signs shall be in conformance with city or town requirements.
IV. For purposes of this section only, "brand advertising" means advertising that includes a name, trademark, symbol, logo, slogan, or other distinguishing mark or device that identifies any product or manufacturer.

Source. 1990, 255:1. 1992, 115:5; 195:1. 1996, 275:23. 2002, 54:2, eff. July 1, 2002. 2019, 17:1, eff. July 9, 2019.

Section 179:26

    179:26 Compliance With Other Agencies. –
I. All on-premises licensees shall have a valid license or certificate issued by state or local public health officials before the commission shall issue a license.
II. All on-premises licensees shall have a valid permit of assembly or certificate issued by state or local fire authorities before the commission shall issue a license.

Source. 1990, 255:1. 2003, 231:24, eff. July 1, 2003.

Section 179:27

    179:27 Restrictions on Serving and Congregating of Patrons. –
I. Liquor and beverages may be served to patrons in on-premises establishments while seated at tables or booths, at the bar, seated at drink rails, or while standing at the bar or drink rails.
II. No beverages or liquor shall be served or consumed in foyers, hallways, kitchens, restrooms, or other areas not approved for service by the commission.

Source. 1990, 255:1. 1991, 2:2. 1996, 275:24. 2003, 231:25, eff. July 1, 2003.

Section 179:27-a

    179:27-a Removal of Opened Table Wine Bottle. –
I. Notwithstanding any other provision of law, any food service business holding an on-premises license may allow any person who has purchased a full course meal and purchased and partially consumed a bottle of table wine with said meal, to remove such partially consumed bottle from the premises upon departure, provided that the person is not in a state of intoxication as defined in RSA 507-F:1, IV and such bottle of table wine is removed and transported in a manner consistent with paragraph II.
II. Any partially consumed bottle of table wine which is to be removed from the premises under paragraph I shall be securely sealed and bagged, by the licensee, either to be in conformance with any applicable local open container law for those patrons on foot, or transported as required by RSA 265-A:44, in the trunk of a motor vehicle. If the vehicle is not equipped with a trunk, the securely sealed opened table wine bottles may be stored and transported in that compartment or area of the vehicle which is the least accessible to the driver.

Source. 1994, 125:4. 2003, 231:26. 2006, 260:7, eff. Jan. 1, 2007.

Advertising

Section 179:28

    179:28 Product Advertisement. –
An industry member may furnish, give, rent, loan, or sell product displays or other things of value to a retailer, subject to the following conditions and limitations:
I. Equipment, inside signs, supplies, services, or other things of value furnished by an industry member to a retailer shall not be conditioned on the purchase of liquor, wine or beverages.
II. Product displays shall bear conspicuous and substantial advertising material.
III. The total value of all product displays furnished by an industry member may not exceed the dollar amount established annually for product displays by the Bureau of Alcohol, Tobacco and Firearms per brand in use at any one time in any one retail establishment. The value of a product display shall be the actual cost to the industry member who initially purchased it. Transportation and installation costs shall be excluded.
IV. Industry members shall not pool or combine, as of July 1, 1989, their dollar limitations to provide a retailer a product display valued in excess of the dollar amount established annually for product displays by the Bureau of Alcohol, Tobacco and Firearms.
V. [Repealed.]

Source. 1990, 255:1. 1996, 275:25, 35, II. 2002, 54:3, eff. July 1, 2002.

Section 179:29

    179:29 Retailer Advertising Specialties. –
I. An industry member may furnish, give, rent, loan, or sell retailer advertising specialties to a retailer if such items bear advertising material and are primarily valuable to the retailer as a means of advertising. These items may include, but are not limited to: coasters, mats, menu cards, wine lists, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks and calendars. The name or name and address of the retailer may be added to the advertising specialty.
II. An industry member may sell glassware to a retailer if the glassware is sold at a price not less than it cost the industry member who initially purchased it, and if the price is collected within 30 days of the date of the sale.
III. The total value of all retail advertising specialties furnished by an industry member to a retailer may not exceed the dollar amount established annually for retailer advertising specialties by the Bureau of Alcohol, Tobacco and Firearms per brand in any calendar year per retail establishment. The value of a retailer advertising specialty shall be the actual cost of that item to the industry member who initially purchased it. Transportation and installation costs shall be excluded.
IV. Industry members shall not pool or combine their dollar limitations to provide a retailer with advertising specialties valued in excess of the dollar amount established annually for retailer advertising specialities by the Bureau of Alcohol, Tobacco and Firearms.

Source. 1990, 255:1. 1992, 115:6. 1996, 275:26, eff. June 10, 1996.

Section 179:30

    179:30 Consumer Advertising Specialties and Coupons. –
I. Consumer advertising specialties, such as ash trays, bottle or can openers, corkscrews, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, postcards, and pencils, which bear advertising material may be furnished, given, or sold to a retailer for unconditional distribution by the retailer to the general public. The retailer shall not be paid or credited in any manner directly or indirectly for the distribution of such items.
II. Contest prizes, premium offers, refunds, and similar items may be offered by industry members directly to consumers. Officers, members of a limited liability company, employees, and representatives of wholesale distributors or retailers shall be excluded from participation.

Source. 1990, 255:1. 1995, 139:15, eff. July 1, 1995.

Section 179:31

    179:31 Advertising Restrictions. –
I. Advertising or promotion of liquor or beverages by the use of billboards, sound trucks, or outdoor internally illuminated screen displays is prohibited.
II. (a) Manufacturers, wholesale distributors, rectifiers, or wine and liquor vendors or their salespersons may distribute samples of their products to licensees for purposes of tasting. The following restrictions shall apply:
(1) All liquor or wine for this purpose shall be purchased from the commission, except as provided in RSA 178:6, VI, RSA 178:6, IX, RSA 178:7, V, and RSA 178:7, VI. The cost shall be no more than the commission's original cost paid by the commission plus 8 percent.
(2) All beverage, wine, or liquor samples may be added to the retailer's inventory for sale.
(3) All beverage furnished as samples shall be considered sales for the requirements of RSA 178:26.
(b) Total samples distributed under this paragraph by any manufacturer, wholesale distributor, rectifier, or wine or liquor vendor or their salespersons shall not exceed the following in any calendar year per licensee:
(1) One 6-pack of beer.
(2) Two 750 ml. bottles of wine.
(3) One 750 ml. bottle of liquor.
(4) One 4-pack, or the product's normal marketing unit, of wine coolers.
III. Liquor and wine representatives or salespersons shall not enter state operated stores or warehouses operated by the commission for the purpose of sales promotion or to secure information regarding inventory sales movement without specific permission from the commission.
IV. The listing of retail prices on behalf of retail licensees, by a holder of a wholesale distributor license, is prohibited in all newspaper, magazine, periodical, radio or television advertising.
V. All liquor and beverage advertising, or any claims for liquor or beverage advertising shall conform with the standards set forth in regulations under the provisions of the federal Alcoholic Administration Act.
VI. Liquor and beverage advertising shall not be inconsistent with the description of the contents on labels of any such liquor or beverage.
VII. Advertising of liquor or beverages shall not contain:
(a) [Repealed.]
(b) Any subject matter or illustrations that the commission determines is reasonably likely to induce minors to drink. All coupon offers requiring consumer participation shall contain reference that the coupon offer is available only to persons of legal drinking age.
(c) Any statement that is false or misleading.
VIII. Coupon offers shall be redeemed by the vendor or the vendor's agent as specified in the offer. No redemptions shall be made by state stores.
IX. Advertising of liquor or beverages shall be consistent with the spirit of public health or safety. The commission may suspend any single advertising or promotion of liquor or beverage, at its discretion, that is inconsistent with the spirit of public health or safety.
X. It shall be the responsibility of the advertiser to insure that all advertising copy is in complete conformity with the New Hampshire laws and rules.
XI. Licensees may advertise liquor and beverage prices separately from any other advertisement or promotion.
XI-a. Notwithstanding paragraph XI, if the legislative body of a city or town adopts a provision prohibiting exterior signs or signs in view of any public way promoting the sale of liquor or beverages at reduced prices by an on-premises licensee, such signs shall not be permitted in that city or town.
XII. No holder of a beverage manufacturer license, wholesale distributor license, or beverage vendor license, and no on-premises licensee or off-premises licensee, or group thereof, shall advertise, either directly or indirectly, promoting the consumption of alcohol in any yearbook or other publication distributed predominantly to persons under 21 years of age.
XIII. On-premises licensees shall make food readily available to guests any time alcoholic beverages are being advertised or promoted at a reduced price.

Source. 1990, 255:1. 1991, 355:59. 1992, 195:2. 1996, 275:27. 2003, 231:27, 28. 2011, 238:1-4. 2012, 54:1, eff. May 14, 2012. 2014, 306:5, eff. Sept. 30, 2014. 2015, 157:1, 2, eff. Aug. 23, 2015.

Purchase and Supply Restrictions

Section 179:32

    179:32 Purchase of Supplies. –
I. All licensees shall purchase their supplies of liquor and wine from the commission or as provided by law.
II. An on-premises licensee, with the approval of the commission, may purchase its supplies of liquor and wine from an agency store.
III. All on-premises or off-premises licensees shall purchase their supplies of beverages from licensed wholesale distributors, manufacturers, brew pubs, or as otherwise specifically provided by law.
IV. The commission may, upon request, grant licensees permission to purchase product not otherwise available in New Hampshire from direct shipper permit holders.
V. Notwithstanding any other provision of Title XIII, any organization that is a nonprofit entity and properly registered with the attorney general, or any not-for-profit college or university or institution of higher education, may accept donations of beer, wine, or liquor from New Hampshire licensed manufacturers, wholesalers, vendors, representatives, or retailers which may be sold or given away at an event sponsored by the organization. Raffles of liquor shall be subject to RSA 178:1, VII.
VI. Organizations receiving donations of alcohol as provided in paragraph V shall be limited to not more than 12 events in a calendar year where donated alcohol products are sold or given away.
VII. New Hampshire licensed manufacturers, wholesalers, vendors, representatives, or retailers who make a donation as provided in paragraph V shall notify the commission not later than 10 days before the scheduled event. Such notification shall include the name of the recipient of the donation, a list of the brands and quantity donated, the date of the event, and the location of the event. Licensees making donations shall maintain records of all product donations. Records of product donations shall be maintained by the donating licensee and available to the commission for inspection upon request.
VIII. Nothing in this section shall relieve the recipient of the donated product from adhering to the provisions of RSA 178:1 and RSA 179:5.

Source. 1990, 255:1. 2003, 231:29. 2010, 300:7, eff. Jan. 1, 2011; 310:1, eff. Sept. 11, 2010. 2018, 16:1, eff. May 7, 2018.

Section 179:33

    179:33 Sizes of Beer Containers; Promotions; Notification. –
I. Holders of beverage vendor, brew pub, nano brewery, or beverage manufacturer licenses shall have their packaging or containers specifically approved by the commission and shall be fined $250 for each packaging or container violation. Container and packaging approval shall not require delivery of a physical sample unless the commission determines a physical sample is necessary for approval.
II. All details of transactions between retailers and wholesale distributors, beverage manufacturers, nano breweries, or brew pubs shall be reflected on pertinent invoices. Promotions shall be clearly identified by both brands and sizes and cash discounts shall be shown as credit and itemized as such. All items noted on delivery slips shall also be noted on wholesale distributor's account receivable ledger records.
III. All wholesale distributors, beverage manufacturers, nano breweries, and brew pubs shall make their current prices for wholesale sales available to the commission in writing by brand package. Prices shall remain in effect until such time as they are changed in writing by the wholesale distributor, beverage manufacturer, nano brewery, or brew pub to the commission. Price changes shall be in the commission offices no later than 5 working days prior to any change of prices.
IV. The liquor commission shall not, by rule or otherwise, require a beverage vendor, beverage manufacturer, nano brewery, or brew pub to obtain federal label approval for beverage, as defined in RSA 175:1, VIII, sold exclusively in the state of New Hampshire.

Source. 1990, 255:1. 1996, 275:28. 1999, 169:8. 2003, 231:30. 2011, 128:3. 2013, 72:1, eff. Aug. 5, 2013. 2017, 121:1, eff. Aug. 15, 2017.

Section 179:34

    179:34 Sizes of Wine Containers. – A holder of a wine manufacturer license shall use bottles and containers for the sale of wine in the state which shall be specifically authorized by the commission.

Source. 1990, 255:1. 2003, 231:31, eff. July 1, 2003.

Section 179:35

    179:35 Retention of Invoices and Sale and Delivery Slips. – All invoices, sales slips and delivery slips, current and covering a period of 60 days prior to the current date pertaining to purchases of beverages and liquor shall be retained by the licensee on the premises or be readily available for examination by the commission or its liquor investigators.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:36

    179:36 Repealed by by 2000, 259:5, eff. Jan. 1, 2001. –

Section 179:37

    179:37 Repealed by 1996, 275:35, III, eff. June 10, 1996. –

Section 179:38

    179:38 Liquor and Wine Payment Procedures. – All invoices submitted to the commission for payment of liquor or wine purchases shall be submitted in duplicate and shall contain the state of New Hampshire liquor commission purchase order number, the state of New Hampshire brand code numbers, brand names, brand size, quantity in cases, unit and extension prices and discounts allowed. A single invoice with a duplicate copy shall be submitted for each purchase order. Payment for merchandise received shall be made as stated on the purchase order.

Source. 1990, 255:1, eff. July 1, 1990.

Sales Restrictions

Section 179:39

    179:39 Repealed by 1996, 275:35, IV, eff. June 10, 1996. –

Section 179:40

    179:40 Substitution of Brand; Refilling Bottles. –
I. No licensee shall substitute any other brand of beer, ale, liquor or wine in place of the brand specified by a patron unless the licensee has advised the patron that his desired brand is not available and has received his approval of a substitution.
II. No licensee shall refill any bottle of legally purchased beverage or liquor.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:40-a

    179:40-a Specialty Beer Label Requirements. – No person shall sell any specialty beer having an alcohol content greater than 12 percent unless the label on the container and any packaging for the consumer clearly states the percent of alcohol by volume of the specialty beer.

Source. 2007, 380:5, eff. Jan. 1, 2008.

Section 179:41

    179:41 Gifts of Beverage or Liquor. – A licensee may exchange a coupon, ticket or check for beverages or liquor in connection with an admission price or fee if the licensee has obtained prior approval of the commission.

Source. 1990, 255:1. 1992, 115:7. 1996, 275:29, eff. June 10, 1996.

Section 179:42

    179:42 Package Deals. – Licensees may promote the sale of so-called package deals in which a single price is charged for lodging and beverages and liquor, food and beverages and liquor, or any combination thereof. A package deal shall state the amount of beverages and liquor included. It shall be incumbent upon the licensee to insure that patrons contracting for such package deals meet all requirements of law for the purchase of beverages and liquor.

Source. 1990, 255:1. 1993, 90:1, eff. April 29, 1993.

Section 179:43

    179:43 Sale on Credit. –
I. No licensee shall sell beverages or liquor on credit.
II. Notwithstanding the provisions of paragraph I on-premises and off-premises licensees may extend credit through the medium of credit cards or to commercial accounts, for which payment is received within 30 days of the date of the transaction.

Source. 1990, 255:1. 1996, 275:30. 2003, 231:32, eff. July 1, 2003.

Section 179:44

    179:44 Free Drinks. –
I. No licensee shall give away free drinks to customers, patrons, members, or guests, in any manner.
II. Notwithstanding paragraph I, beverage manufacturers, liquor manufacturers, rectifiers, beverage vendors, brew pubs, wholesale distributors and their liquor or wine vendors, their liquor and wine representatives, domestic wine manufacturers, and on-premises and off-premises licensees may conduct beverage, liquor, or wine tasting, as applicable, on licensed premises. Liquor, beverage, or wine tasting shall be conducted only during such hours as are authorized by the commission for the sale of the product on the premises.
II-a. Notwithstanding paragraph I, wine manufacturers, beverage manufacturers, nano breweries, liquor manufacturers, and brew pubs may provide samples for tasting to persons of legal drinking age at a farmers' market provided they have received written authorization by the town or city's governing body, which authorization shall remain effective until revoked in writing, and they have provided the commission with a copy of that authorization. Provision of samples shall be restricted to clearly defined areas approved by the commission. Samples shall be limited to one 4-ounce sample per label per person for any beer, specialty beer, or cider, and one 2-ounce sample per label per person for any wine and 1/2-ounce sample per label per person for any liquor.
III. Liquor, beverage, or wine samples shall be consumed on the premises, and, except for wine samples provided by wine manufacturers and liquor samples provided by liquor manufacturers in accordance with RSA 178:6, IX and rectifiers in accordance with RSA 178:7, V, liquor or wine for this purpose shall be purchased from the commission under conditions prescribed by this title. Beverage samples for a tasting shall only be obtained as prescribed by this title.
IV. The commission may adopt rules, pursuant to RSA 541-A, establishing the criteria and procedures for liquor, beverage, and wine tasting within the state.
V. All samples furnished for tasting shall be considered sales for the requirements of RSA 178:26, RSA 178:6, VI, and RSA 178:7, VI.

Source. 1990, 255:1. 1995, 122:1. 1996, 44:1; 275:31, 36. 2003, 231:33, 34. 2011, 165:4, eff. Aug. 13, 2011. 2014, 306:6, eff. Aug. 1, 2014. 2016, 179:1, eff. Aug. 2, 2016. 2021, 173:1, eff. Sept. 28, 2021.

Section 179:45

    179:45 Repealed by 1996, 275:35, V, eff. June 10, 1996. –

Section 179:46

    179:46 Repealed by 2003, 231:52, VII, eff. July 1, 2003. –

Section 179:47

    179:47 Off-Premises Special License Restriction. –
I. Holders of a license for an auction or sheriff's sale shall advise all buyers that no liquor or beverage purchased shall be resold.
II. Any holder of a special license for an auction or sheriff's sale shall supply to the commission within 10 days of the sale the following information:
(a) Name and address of all buyers.
(b) The brands, quantity and purchase price of all items purchased by each buyer.

Source. 1990, 255:1. 2003, 231:35, eff. July 1, 2003.

Premises Restrictions

Section 179:48

    179:48 Leasing or Renting Concessions or Part of Business. –
I. No licensee shall lease or rent concession of selling liquor or beverage to any person, firm, limited liability company, or corporation.
II. No persons shall be employed by any on-premises or off-premises licensee to serve or sell beverages or liquor whose compensation is based on a percentage of the sale price of such liquor or beverage.
III. No licensee shall rent or lease any part of his business without prior permission of the commission.
IV. No licensee shall have a direct entrance to such licensee's business from that of another person, without prior permission of the commission.
V. [Repealed.]

Source. 1990, 255:1. 1995, 139:16. 1996, 275:33, 35, VI. 2003, 231:36, eff. July 1, 2003.

Section 179:49

    179:49 Storage of Surplus Liquor and Beverage. – No licensee shall store beverages or liquor in any other building or buildings other than that designated in his license, except by written permission from the commission.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:50

    179:50 Unlawful Purpose. – No licensee shall use, or allow to be used, his or her premises for any purpose contrary to law.

Source. 1990, 255:1. 2010, 185:1, eff. Jan. 1, 2011. 2017, 61:1, eff. Jan. 1, 2018.

Section 179:51

    179:51 Lighting and Conduct Requirements for On-Premises Licensees. – Holders of on-premises licenses shall conduct their premises in an orderly manner at all times, and the premises shall be well lighted.

Source. 1990, 255:1. 2003, 231:37, eff. July 1, 2003.

Section 179:52

    179:52 Posting of Licenses. – Every on-premises or off-premises license shall be posted in a conspicuous place on the premises named in the license.

Source. 1990, 255:1. 2003, 231:37, eff. July 1, 2003.

Section 179:53

    179:53 Alteration of Premises. –
I. An on-premises or off-premises licensee shall notify the commission of any alteration to the licensed premises.
II. No licensee shall alter the premises so as to provide for both on-sale and off-sale on the same premises.
III. No licensee shall sell liquor or beverage from a drive-in window.

Source. 1990, 255:1. 1996, 275:34. 2003, 231:37, eff. July 1, 2003.

Section 179:54

    179:54 Beverage Taps in View of Public; Names Displayed on Beer Dispensers. –
I. All new beverage installations on on-premises licensees' premises, except in food service businesses holding on-premises licenses, shall have their taps in view of the public.
II. On-premises licensees shall display on dispensers of draught beer a knob or sign, illuminated or otherwise, clearly visible to patrons describing the brand or beverage dispensed from such outlets.

Source. 1990, 255:1. 2003, 231:37, eff. July 1, 2003.

Section 179:55

    179:55 Notification of Change in Corporate Officers. – Sole proprietorships, partnerships, limited liability companies, or corporations shall notify the commission in writing of any change in the sole proprietorship, partnership, memberships of a limited liability company, or corporation or of its officers. Notification shall be made within 30 days of such change.

Source. 1990, 255:1. 1995, 139:17, eff. July 1, 1995.

Enforcement Proceedings and Penalties

Section 179:56

    179:56 Hearings; Investigations; False Statement; Enforcement Policy. –
I. The commission shall adopt and publish rules pursuant to RSA 541-A, to govern its proceedings and to regulate the mode and manner of all investigations and hearings before it. All hearings before the commission shall be in accordance with RSA 541-A:31-36. In any such investigation or hearing the commission shall not be bound by the technical rules of evidence. The commission may subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and may compel, by subpoena, the production of any accounts, books, contracts, records, documents, memoranda, and papers of any kind whatever. A summons issued by any justice of the peace shall have the same effect as though issued for appearance before such court.
II. If any false statement is knowingly made in any statement under oath which may be required by the provisions of this title or by the commission, the person making the same shall be deemed guilty of perjury. The making of any such false statement in any such application or in any such accompanying statements, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the commission, constitute sufficient cause for the revocation of the license.
III. (a) The commission shall adopt by rule under RSA 541-A a formal enforcement policy for licensees under its jurisdiction. This policy shall specify the disciplinary action which the commission shall take for violations of various laws under its jurisdiction. The enforcement policy shall also specify mitigating and aggravating factors which the commission shall consider in determining penalties for specific actions. Except as provided in subparagraph (c), the commission shall not suspend or revoke a license until the licensee has been provided a hearing under RSA 541-A.
(b) In applying its enforcement policy, the liquor commission shall establish and enforce specific determinate penalties for specific offenses. The commission shall not apply penalties such as license suspensions for indefinite periods of time.
(c) The commission may suspend, for a period of not more than 24 hours, any license issued under the provisions of this title, if a risk to public health, safety, or welfare constitutes an emergency requiring such suspension. Any such suspension shall be approved directly by at least one member of the commission before taking effect.

Source. 1990, 255:1. 1991, 204:4, 5. 1994, 412:23. 2004, 142:2. 2013, 258:10, eff. Sept. 22, 2013. 2019, 346:156, eff. July 1, 2019.

Section 179:57

    179:57 Suspension or Revocation; Administrative Fines. –
I. The commission shall cause frequent inspections to be made of all the premises with respect to which any license has been issued under the provisions of this title. If any license:
(a) Violates any of the provisions of law or any of the rules of the commission adopted under this title; or
(b) Fails to superintend in person or through a manager approved by the commission the business for which the license was issued; or
(c) Allows the premises with respect to which the license was issued to be used for any unlawful purposes; or
(d) Knowingly designates to be in charge of the premises any person who has been convicted of a felony, unless the person has been approved by the commission pursuant to RSA 179:23, V; or
(e) Otherwise fails to carry out in good faith the purposes of this title or if the premises are regularly the site of violence, the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36. Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $5,000 for any one offense. Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.
I-a. Notwithstanding any other provision of law, the commission may accept at any time, a petition from the governing body of a city or town who has voted to accept the provisions of RSA 663:5, I(b), (c) and (d), to revoke a license to sell alcoholic beverages held by a licensee who is located within that community. Any petition filed under this paragraph shall state with particularity all relevant facts and circumstances that sustain the opinion of the petitioner to revoke a license. A licensee against whom a petition is filed shall be entitled to a public hearing before any decision by the commission. All proceedings conducted in conjunction with this paragraph shall conform to the requirements of RSA 541-A.
II. Appeals from a decision of the commission shall be in accordance with RSA 541.
III. The commission shall, upon notification by the commissioner of the department of revenue administration of a tobacco tax violation, suspend or revoke any tobacco license issued under RSA 178. Any challenge to such suspension or revocation shall be made to the commissioner of the department of revenue administration.

Source. 1990, 255:1. 1991, 204:6. 1994, 412:24. 1997, 207:18. 1998, 48:1. 2000, 253:2. 2008, 341:17. 2012, 49:2, eff. July 13, 2012. 2021, 115:1, eff. Sept. 7, 2021.

Section 179:58

    179:58 Penalties. –
I. Any person who violates any of the provisions of this title or any of the rules adopted pursuant to this title shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. In case of appeal by a licensee, the license of such licensee may be suspended at the discretion of the commission during the pendency of such appeal.
II. Any person who holds any license pursuant to this title who offers for sale any beverage or liquor without paying all fees due shall, if a natural person, be guilty of a class B felony and, if any other person, be guilty of a felony and upon conviction shall have his license permanently revoked.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:59

    179:59 Prosecutions. – The commission shall appoint liquor investigators whose primary function shall be the proper prosecution of this title. The liquor investigators shall have all the powers of the sheriff in any county, with reference to enforcement of all laws either in cooperation with, or independently of, the officers of any county or town. The commission shall have the primary responsibility for the enforcement of all liquor and beverage laws upon premises where liquor and beverages are lawfully sold, stored, distributed, or manufactured. Any person violating the provisions of any law may be prosecuted by the commission or any of its investigators as provided in this section, or by county or city attorneys, or by sheriffs or their deputies, or by police officials of towns.

Source. 1990, 255:1. 1995, 34:13, eff. June 23, 1995.

Section 179:60

    179:60 Interference With Liquor Investigators. – It shall be unlawful to resist or attempt to resist arrest by a liquor investigator, or to obstruct, or to intimidate or interfere with a liquor investigator in the performance of his duty. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:61

    179:61 Fines. –
I. All fines imposed by any court and collected for the violation of the provisions of this title shall be paid to the state, county, or town, the officials of which instituted the prosecution.
II. All fines imposed by the commission shall be deposited into the general fund.

Source. 1990, 255:1, eff. July 1, 1990.

Section 179:62

    179:62 Manufacture, Sale, and Possession of False Identification. –
I. No person shall knowingly manufacture, sell, advertise for sale, solicit orders for, deliver or cause to be delivered, or produce in any manner any photographic identification card that purports to be an official document issued by a local, state, or federal government, or any political subdivision thereof, which contains false or inaccurate information regarding the name, address, date of birth, or height and weight characteristics of the cardholder. A person who violates this paragraph shall be guilty of:
(a) A misdemeanor.
(b) A class B felony if such person has had 2 or more prior convictions in this state or another state for the conduct described in this paragraph.
(c) A class B felony if such person is engaged in the business of manufacturing, selling, advertising for sale, soliciting orders for, delivering, or causing to be delivered photographic identification cards in violation of this paragraph.
II. In this section, "engaged in the business" means manufacturing, selling, advertising for sale, soliciting orders for, delivering, or causing to be delivered 5 or more photographic identification cards in violation of paragraph I.
III. No person shall possess a photographic identification card that purports to be an official document issued by a local, state, or federal government, or any political subdivision thereof, which contains false or inaccurate information regarding the name, address, date of birth, or height and weight characteristics of the card holder. Any person who violates this paragraph shall be guilty of a misdemeanor.
IV. Interests in any tools, instruments, computer or computerized records, products, and equipment of any kind, or other paraphernalia used in the manufacture, sale, advertising for sale, delivery, or solicitation of any order for sale, of a false identification card, shall, upon petition of the attorney general, be subject to forfeiture to the state and shall be vested in the state.

Source. 1998, 374:2, eff. Jan. 1, 1999.

Section 179:63

    179:63 Repealed by 2021, 115:5, II, eff. Sept. 7, 2021. –

Section 179:64

    179:64 Immunity From Liability. –
I. (a) No person under 21 years of age shall be arrested or prosecuted for an offense under this chapter if such person, in good faith and in a timely manner, requests medical or emergency treatment for himself, herself, or another person in a situation that involves risk of overdose to himself, herself, or another person under 21 years of age from the consumption of alcohol including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death from the consumption of alcohol.
(b) No person under 21 years of age shall be arrested or prosecuted for an offense under this chapter if such person was the individual for whom medical or emergency treatment or assistance was sought and the evidence of an offense under this chapter is obtained as a result of another person contacting emergency medical services or law enforcement.
II. This section shall not be a defense to a charge of or prosecution for driving or operating under the influence of alcohol pursuant to RSA 265-A.

Source. 2020, 12:15, eff. Sept. 14, 2020.