STATE
LIQUOR COMMISSION
Storrs
Street
Concord,
New Hampshire 03301
CHAPTER
Liq 100
ORGANIZATIONAL RULES
Statutory
Authority: RSA 176:14
PART
Liq 101
DEFINITIONS
Liq 101.01 Statutory
Definitions Adopted. Unless otherwise indicated, all words used
in these rules shall have the same meaning given them by RSA 126-K and RSA 175
- RSA 180.
Source. Editorial Addition.; ss by #5043, eff 1-11-91; ss by #6363,
eff 10-26-96; ss by 13612, eff 4-25-23
Liq 101.02 Definitions. The
words and phrases used in these rules shall mean and be construed as follows,
except where a different meaning is clearly intended from the context:
(a) “Commission”
means the New Hampshire liquor commission;
(b)
“Chairman”
means the executive director of the commission, also known as the liquor
commissioner;
(c) “Deputy commissioner” means the person appointed
to exercise authority over the divisions of the commission subject to the
supervision of the chairman; and
(d)
“New Hampshire liquor commission records”
means governmental records as defined in RSA 91-A:1-a, III. The term also includes “commission records”.
Source. #95, filed 12-05-73, as in effect 8-31-73
under 1973, 507:4; #727, eff 12-18-75; ss by #1251,
eff 9-27-78; ss by #2137, eff 9-30-82; ss by #2931, eff 12-26-84, EXPIRED 12-26-90
New. #5043, eff 1-11-91;
ss by #5289, eff 1-1-92; ss by #6363, eff
10-26-96; ss by #13612, eff 4-25-23
PART Liq 102 DESCRIPTION
OF THE COMMISSION
Liq 102.01 General
Description.
(a) The liquor commission is comprised of a chairman,
a deputy commissioner, and 3 divisions. The commission regulates the manufacture, possession,
sale, consumption, importation, use, storage, transportation, and delivery of
wine, spirits, and malt or brewed beverages in New Hampshire. The commission also restricts the use of
tobacco by persons under the legal age.
(b) The commission has the statutory authority to
issue or deny licenses for the manufacture, sale, warehousing, or distribution of
liquor or beverage within the state. Application forms shall be
provided by the commission’s enforcement division for all licensees at https://www.nh.gov/liquor/enforcement/licensing/index.htm.
Source. #94, filed 12-5-73, as in effect 8-31-73
under l973, 507:4; ss by #2137, eff 9-30-82; ss by #2931,
eff 12-10-84, EXPIRED 12-26-90
New. #5043, eff 1-11-91;
ss by #6363, 10-26-96; ss by #13612, eff 4-25-23
Liq 102.02 Division of Enforcement
and Licensing. The division of enforcement and licensing shall
be responsible for licensing businesses that sell alcohol, regulating and enforcing
state law and rules governing the manufacture, distribution, and sales of
alcohol, and educating licensees and the community. This division shall be
responsible for licensing and regulating entities that sell tobacco products.
Source.
#13612,
eff 4-25-23
Liq 102.03 Division of Marketing,
Merchandising, and Warehousing. The
division of marketing, merchandising, and warehousing shall oversee the commission’s
functions related to marketing, merchandising, purchasing, store operations,
warehousing, and distribution.
Source.
#13612,
eff 4-25-23
Liq 102.04 Division of Administration. The division of administration shall oversee
all aspects of the commission’s administrative functions
including accounting, financial management, information technology, internal
audit, human resources, legal, and contracting.
Source.
#13612,
eff 4-25-23
Liq 102.05 Location of the Commission. The commission is located at 50 Storrs
Street, Concord, New Hampshire 03301.
Source.
#13612,
eff 4-25-23
Liq 102.06 Telephone
Numbers of the Commission. The commission’s telephone number is (603)
230-7015, the fax number is (603) 271-1107, and the TTY number is 1 (855)
735-2964.
Source.
#13612,
eff 4-25-23
Liq 102.07 Commission
website. The website is https://www.nh.gov/liquor/index.shtml.
Source.
#13612,
eff 4-25-23
PART
Liq 103
METHODS BY WHICH THE PUBLIC MAY REQUEST OR OBTAIN INFORMATION PURSUANT
TO RSA 91-A:4
Liq 103.01 Access to New
Hampshire Liquor Commission Records.
(a) The
commission's administrative rules shall be available for examination
at:
(1) The
commission's offices at 50 Storrs
Street, Concord, New Hampshire 03301;
(2) On
the division of enforcement and licensing website
at https://www.nh.gov/liquor/enforcement/; and
(3) https://www.gencourt.state.nh.us/rules/.
(b) Information
available on the commission’s website includes:
(1) Annual reports;
(2) Monthly
reports; and,
(3) Industry
circulars.
Source. #1586, eff 6-3-80;
ss by #2137, eff 9-30-82; ss by #2931, eff 12-26-84, EXPIRED 12-26-90
New. #5043, eff 1-11-91; rpld by #5180, eff 7-22-91
New. #6363, eff 10-26-96;
ss by #13612, eff 4-25-23
Liq 103.02 Requests
for New Hampshire Liquor Commission Records.
(a) Persons seeking
commission records shall request the information in a manner that
gives the commission notice of what records the requestor is seeking.
(b) Persons may deliver a request for commission records to the commission:
(1) In person;
(2) By U.S. mail or courier service to
the commission’s office;
(3) By email
to RightToKnow@liquor.nh.gov.
Source.
#13612,
eff 4-25-23
Liq 103.03 Response to Request for Records.
(a) The commission shall respond to all requests for records in accordance
with RSA 91-A.
(b) When inspection of
publicly available records is not immediately feasible, the requesting party
and the commission shall agree upon a mutually convenient time and manner for
such inspection.
(c) By agreement between
the requesting party and the commission, the commission shall send copies
electronically to a valid email address provided by the requesting party.
Source.
#13612,
eff 4-25-23
Liq 103.03 Response to
Request for Records.
(a) The
commission shall respond to all requests for records in accordance
with RSA 91-A.
(b) When inspection of publicly available records is not
immediately feasible, the requesting party and the commission shall agree upon
a mutually convenient time and manner for such inspection.
(c) By
agreement between the requesting party and the commission, the commission shall
send copies electronically to a valid email address provided by the requesting
party.
Source.
#13612,
eff 4-25-23
PART Liq 104 GENERAL
MEETING AND SPECIAL MEETING PROCEDURES
Liq 104.01 Applicability. The
procedures set forth in this section shall apply to all regular and special
meetings conducted by the commission and to all matters scheduled to be
presented to or heard by the commission at any regular or
special meeting that are not rulemaking hearings, adjudicatory hearings, or
other hearings addressed in Liq 200.
Source. #12207-A,
eff 6-14-17;
ss by #13612, eff 4-25-23
Liq 104.02 Place
of Meetings.
(a) All
regular meetings of the commission shall be in its Concord
offices.
(b) Special meetings, including meetings held to inform the public or
solicit public comments, shall be in Concord or at such other places as the chairman
shall determine based on considerations of maximizing access of interested
parties to the meeting.
Source. #12207-A,
eff 6-14-17;
ss by #13612, eff 4-25-23
Liq 104.03 Scheduled
Meetings.
(a) Regular meetings of the commission shall be weekly or as
reasonably practicable.
(b) Special
meetings shall be held at the call of the chairman or his or her designee.
(c) Any
regular meeting scheduled in accordance with this rule may be
canceled or rescheduled.
Source. #12207-A,
eff 6-14-17;
ss by #13612, eff 4-25-23
Liq 104.04 Record
of Meetings.
(a)
All regular and special meetings of the commission shall be recorded.
(b)
Minutes of the meeting shall be prepared and
distributed to the chairman, deputy commissioner, and applicable commission headquarters
staff.
(c)
Approved minutes shall be posted on the commission’s
website.
Source. #12207-A,
eff 6-14-17;
ss by #13612, eff 4-25-23
Liq 104.05 Conduct of Meetings.
(a) The
chairman or his or her designee shall be the presiding officer of
all special and regular meetings.
(b) The
presiding officer shall:
(1) Regulate
the conduct of the meeting;
(2) Rule
on issues of procedure; and
(3) Take such other actions as necessary for
the efficient and orderly conduct of the meeting, consistent with commission rules and state law.
Source. #12207-A,
eff 6-14-17;
ss by #13612, eff 4-25-23
CHAPTER
Liq 200
PROCEDURAL RULES
Statutory
Authority: RSA 176:14
Revision Note:
Document #5180, effective 7-22-91,
made extensive changes to the wording and format of Chapter Liq
200. Document #5180 supersedes all prior
filings for the sections in this chapter.
The filings prior to Document #5180 for former Liq
200 include the following documents:
#94, filed 12-05-73, as in
effect 8-31-73 under 1973, 507:4
#727, eff
12-18-75
#1585, eff
6-2-80
#2137, eff
9-30-82
#2931, eff
12-26-84 - EXPIRED 12-26-90
#5043, eff
1-11-91
Please note that the rules in former Liq 200 were out of effect between 12-26-90 and 1-11-91.
The rules in former Liq 200 filed as part of Document #5043 were numbered Liq 201.01, 202.01 through 202.03, and 203.01 through
203.05. These rules have been amended
and renumbered in Liq 200 by Document #5180. Former Liq 201.01
has been amended and renumbered as Liq 202.01. Former Liq 202.01
has been amended and renumbered as Liq 201.01. Former Liq 202.02
has been amended and renumbered as Liq 201.02. Former Liq 202.03
has been amended and renumbered as Liq 201.03. The rules in former Part Liq
203 have been amended and incorporated into different sections of Liq 200 by Document #5180.
Former rules Liq
602.03 through Liq 602.09 have been amended and
incorporated into different sections of Liq 200 by
document #5180. See the source notes to
former Liq 602.03 through Liq
602.09 for the prior filings for these rules.
PART Liq 201 DECLARATORY RULING PROCEDURES
Liq 201.01 Interpretation
of Statutes/Administrative Rules. Any question arising, relating to an
interpretation of RSA 175 - RSA 180, RSA 126-K, or administrative rules adopted
by the commission shall be submitted in writing as a petition to the chairman of
the liquor commission requesting a declaratory ruling.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 201.02 Declaratory
Rulings by Agency.
(a) The commission shall within 30 days after
submission of a petition under Liq 201.01 make a
declaratory ruling in writing to the petitioner; or
(b) The commission shall notify the petitioner in
writing of the reason for delay if more than 30 days are required to obtain:
(1) Data from
outside sources; or
(2) A legal
opinion of the department of justice.
(c) Upon receipt of the information required in
(b) above, the commission shall make a declaratory ruling within 30 days.
Source. #5180, eff 7-22-91;
ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 201.03 Interpretation
of Statutes. Any question arising, relating to an interpretation
of RSA 175 - RSA 180 or the sections of RSA 126-K relating to the commission not
specifically covered by liquor rules, and for which a declaratory ruling is not
requested, shall be submitted in writing
to the commission for a ruling.
Source. #5180, eff 7-22-91;
ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by
#8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
PART Liq 202 PETITIONS FOR RULEMAKING:
Liq 202.01 Petition
for Adoption of Rules.
(a) Any person may petition the commission to
adopt, amend, or repeal a rule.
(b) The petition shall:
(1) Be in writing;
(2) Be sent to
the chairman of the liquor commission; and
(3) Be limited
to a single subject matter;
(4) State
clearly:
a. The name and
address of the petitioner and their representative, if any;
b. The
objectives of the petition;
c. Why the
petition should be adopted;
d. Pertinent
factual data supporting the petition;
e.
Identification of any statutes, rules, or other authority which would
authorize the commission to act; and
f. Views or
arguments to be considered.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
PART Liq 203 RULEMAKING HEARINGS PROCEDURES
Liq 203.01 Purpose.
The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the general public shall be solicited.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 203.02 Scope.
(a) These rules shall apply to all hearings
conducted by the commission at which public comment is solicited.
(b) If any requirement set by these rules conflicts
with an applicable statute, that statutory authority shall control.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 203.03 Notice.
Notice for public comment hearings
concerning rulemaking shall appear within the commission state liquor stores at
least 20 days prior to the hearing date(s) and shall provide the same
information as required by RSA 541-A:6.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 203.04 Media
Access.
(a) Public comment hearings shall be open to the
print and electronic media.
(b) The moderator shall place limits on the
activities of the media in the following ways:
(1) Limit the
number of media representatives when their presence is disproportionate to the
number of other citizens present and would cause other citizens to be excluded;
(2) Limit the placement
of television cameras to certain locations in the hearing room; and
(3) Prohibit interviews
from being conducted within the hearing room during the hearing.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98 EXPIRES: 1-1-06; ss by #8531, INTERIM,
eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 203.05 Moderator.
(a) The hearing shall be presided over by a moderator
who shall be the chairman of the commission or his/her designee.
(b) The moderator shall:
(1) Call the
hearing to order;
(2) Cause a
recording of the hearing to be made;
(3) Place
limits on the media as set out in Liq 203.04;
(4) Recognize
those who wish to be heard and establish the order thereof;
(5) Limit the
time for each speaker, as set out in Liq
203.06(d)(1-5);
(6) Recognize
or revoke recognition of a speaker for cause as set out in Liq
203.06(b);
(7) Remove or
have removed any person who disrupts the hearing; and
(8) Close the hearing.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRES: 6-29-06, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 203.06 Public
Participation.
(a) Any person who wishes to speak on the issue
or issues which are the subject of the hearing shall place his or her name and
address on a speakers list before the last speaker on the list has finished
speaking.
(b) All those whose names appear on the speakers
list shall be afforded an opportunity to speak at the hearing.
(c) The moderator shall recognize speakers who
have not put their names and addresses on the speakers list after those who
were on the speakers list have spoken.
(d) The agency through the moderator shall:
(1) Refuse to recognize
a person who refuses to give his/her full name and address;
(2) Limit the
amount of time each speaker may speak to a reasonable time, considering the
number of people who wish to be heard;
(3) Limit a
group to no more than 3 spokespersons, provided the members who are present may
enter their names and addresses into the record as supporting the position by
the group or organization; and
(4) Revoke
recognition of a speaker who refuses to keep his/her comments relevant to the
issue or issues which are subject of the hearing, or exceeds the specified time
limitations.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
PART
Liq 204 - RESERVED
Liq 204.01 - Reserved
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
Liq 204.02 - 204.05 - Reserved
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
PART Liq 205 ADJUDICATIVE HEARINGS AND OTHER HEARINGS
Liq 205.01 Purpose
and Scope.
(a) This part shall provide the rules of practice
and procedure for the conduct of hearings which affect the rights or privileges
of any person.
(b) The rules in this section shall apply to all
hearings conducted by the commission except public hearings for rulemaking
purposes.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.02 Definitions.
(a) "Adjudicative hearing" means any
proceeding in which the rights, duties, or privileges of a person are determined
by the commission, including action on reports of violation, permission
requests of licensees and licensing, but not including non-adjudicatory
hearings or rulemaking.
(b) "Data" means all information other
than argument, including, but not limited to:
(1) Oral or
written descriptions;
(2) Reports;
(3) Maps;
(4) Charts;
(5) Drawings;
(6) Photographs;
(7) Audio or
video recordings;
(8) Computer
printouts;
(9) Testimony;
(10) Notes; and
(11) Memoranda
or documents, whether finished or unfinished.
(c) "Commission" means a quorum of the
liquor commission or an individual appointed by vote of the commission for the
purpose of conducting specific adjudicatory hearings.
(d) "Ex-parte
communication" means ex-parte communication as
defined in RSA 541-A:36.
(e) "Field administrative notice" means
the notification given the person in charge of the premises licensed by the
commission, by a commission investigator setting forth the statutes and/or
rules alleged to have been violated with the procedure and times for requesting
a hearing on those allegations.
(f) "File" means to place a document in
the actual possession of the commission.
(g) "Hearing" means the process by which
the parties actually present evidence, data, and/or
argument by methods appropriate to the circumstances and includes but is not
limited to:
(1) Conducting
trial type evidentiary procedures;
(2) Directing
the filing of exhibits, affidavits, memoranda, briefs;
(3) Directing
the delivery of oral argument; or
(4) Any
combination of the above or similar procedures.
(h) Licensee means a licensee as defined by either
RSA 126-K or RSA 175:1, as applicable.
(i) "Motion"
means any request by a party to a proceeding for an order relating to that
proceeding.
(j) "Non-adjudicative hearing" means a
formal or informal search for data by the commission concerning matters within
its jurisdiction.
(k) "Order" means a document issued by
the commission requiring a person to do or abstain from doing something, or
determining a person's rights or privileges.
(l) "Party" means any person who
participates in the proceeding and will be directly affected by the outcome of
the proceeding.
(m) "Person" means "person" as
defined by RSA 175:1, LIII or RSA 126-K, as applicable, and includes any
association, governmental subdivision, or public or private organization.
(n) "Petition" means any application,
complaint, request, or other communication to the commission other than a
motion, seeking an order, license, or any other relief.
(o) "Presiding officer" means the
chairman of the liquor commission or an individual appointed by vote of the
commission to conduct a specific adjudicatory hearing.
(p) "Rulemaking" means the process by
which the commission adopts rules.
(q) "Violation" means
"violation" as defined in Liq 601.03(x).
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM,
eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.03 Adjudicative
Pre-hearing Requirements for Licensees. Any licensee who has been
charged with a violation shall contact the office of the chief of enforcement
within 5 working days after receiving the investigator's field administrative
notice to schedule a hearing and/or a prehearing conference,
unless the licensee wishes to waive his or her right to a hearing.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM,
eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.04 Prehearing
Conferences.
(a) Upon request of any party, or his/her own
request and with agreement of all parties, the chief of enforcement or the chief's
designee shall schedule one or more informal conferences prior to the
commencement of formal proceedings.
(b) Matters to be considered at a prehearing
conference shall include but not be limited to the following:
(1) Stipulation
of the maximum and minimum penalties for the alleged offense under statute
and/or rule;
(2) Stipulation
of the issues;
(3) Stipulations
or admissions as to the issues of fact or proof;
(4) Limiting
the number of witnesses;
(5) Stipulation
as to the recommendation of the chief of enforcement or his/her designee for the
disposition on the violation;
(6) Identify
and stipulate to evidence and exhibits; and
(7) Any other
matters which may aid in the disposition of the case.
(c) Any party to a prehearing conference may waive
their right to a hearing based on the stipulations agreed to, providing any
such stipulations and waiver are signed to in writing or are electronically
recorded with the consent of the party.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.05 Settlements.
(a) In the case of a violation as defined by Liq 601.03(x), the chief of enforcement or his/her designee
shall try to negotiate a settlement.
(b) Upon agreement by all parties to an offer of
settlement, the chief of enforcement or his/her designee shall cause a formal
document to be drawn which specifies the terms and conditions of the
settlement.
(c) The agreement shall not be final and binding
until the document is signed by all parties and a quorum of the commission, and
all parties receive copies of the fully executed document.
(d) By signing the document the parties agree to
the settlement in lieu of an adjudicatory hearing and as a knowing and
voluntary waiver of the licensee's due process rights.
(e) Settlement agreements shall be in accordance
with the requirements of RSA 179:57 or RSA 126-K.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.06 Appearance
Before the Commission.
(a) An individual may appear in a proceeding by
personal attendance or through the attendance of a representative appointed in
writing by the individual.
(b) Persons other than individuals may be
represented by:
(1) A licensed
attorney; and/or
(2) An officer,
director, member, owner or designated manager; and/or
(3) A
representative of good character appointed in writing by an individual with authority
to act for the person.
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.07 Computation
of Time; Changes in Time.
(a) Any time period
specified in this part shall:
(1) Begin with
the day following the event, act, or default; and
(2) Include the
last day of the period unless it is a Saturday, Sunday or state legal holiday,
in which event the period shall run to the end of the next day which is not a
Saturday, Sunday, or state legal holiday.
(b) When the period prescribed or allowed is less
than 7 days, intermediate Saturdays, Sundays and state legal holidays shall be
excluded from the computation.
(c) Except where the time is fixed by statute, the
commission shall, upon motion for good cause shown, including but not limited
to personal illness or injury or illness, injury, or death in the immediate
family of any of the parties, increase or decrease the time provided for the
filing of any documents, or advance or postpone the time set for any oral
hearings.
(d) A motion for a change in time shall be granted
upon a finding of diligence and probable injury to the moving party which
outweighs any detriment likely to be suffered by any other party to the
proceeding.
(e) The presiding officer shall set the new date
and time and notify each party by phone and by regular or certified mail of the
new date and time.
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.08 Filing
of Documents.
(a) All documents filed under this part shall:
(1) Be on
strong, durable, opaque, unglazed paper at least 8-1/2 x 11 inches in size;
(2) Be
reproduced by printing, or other process providing a clear, legible copy and
printed or typed in clear type not smaller than elite;
(3) Be printed
only on one side of the page;
(4) Contain the
title of the proceeding;
(5) Be dated
and signed in ink; and
(6) State the
title, if applicable, and address of the signer;
(b) A document conforming to these requirements
shall be considered filed with the commission when it is actually
received by the office of the commissioners.
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.09 Signature
and Certification of Veracity.
(a) All petitions, motions and replies filed with
the commission shall be signed by the party, or if represented, by his/her
representative.
(b) The signature on the document shall constitute
certification by the signer that the signer:
(1) Has read
the document;
(2) Is authorized
to file it;
(3) That to the
best of his or her information, knowledge, or belief, there are reasonable
grounds to support it; and
(4) It has not
been filed for delay.
(c) A willful
violation of this section shall result in rejection of the filing.
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED:
6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.10 Pleadings,
Petitions, and Responses.
(a) The following procedures shall apply to all
pleadings, petitions and responses:
(1) The only
pleadings permitted other than motions shall be petitions and replies thereto;
(2) Unless
otherwise specified by statute or rule all petitions shall contain:
a. The name and
address of the petitioner;
b. The name and
address of the petitioner's representative, if any;
c. A concise
statement of the facts which cause the petitioner to request the commission to
act;
d. The action
which the petitioner wishes the commission to take;
e. The
identification of any statutes, rules, orders, or other authority which
entitles the petitioner to have the commission to act as requested; and
f. The name and
address of the person, if any, against whom the petitioner complains, or
against whom the petitioner wishes the commission to act;
(3) Unless
otherwise required by rule or statute, all replies shall contain the following:
a. The name and
address of the respondent;
b. The name and
address of the respondent's representative, if any;
c. A statement
admitting, denying or claiming to have insufficient information to respond to, each and every fact in the petition;
d. A statement
admitting or denying the authority identified in support of the action requested
by the petitioner;
e. A concise
statement of each and every additional or different
fact which causes the respondent to request the commission not to act, or to
act differently from that requested by the petitioner; and
f. The action
which the respondent wishes commission to take;
(4) Unless
otherwise provided by statute or rule, a reply shall be filed within 30 days
after service of a petition;
(5) Any fact
contained in the petition shall be deemed admitted unless specifically denied
by the respondent or the respondent indicates that he or she lacks sufficient
information to deny or admit the fact and so states; and
(6) The
petitioner shall be presumed to deny all allegations in the reply and no
response shall be permitted to the reply.
(b) The following procedures and criteria shall
apply to all motions and objections thereto:
(1) Unless
presented in an oral session of a proceeding, all motions and replies thereto
shall be served in writing upon all parties.
(2) All motions
shall state clearly and concisely:
a. The purpose
of the motion;
b. The
statutes, rules, orders, or other authority authorizing the relief sought in
the motion; and
c. The facts
claimed to constitute the grounds requiring the relief requested by the motion;
(3) Objections
to motions shall state clearly and concisely:
a. The grounds
for the objection of the party;
b. The action
which the party filing the reply wishes the presiding officer to take on the
motion; and
c The statutes, rules, order, or other authority
relied upon in defense of the motion;
(4) An objection
shall admit, deny, or state that the respondent has insufficient information to
admit or deny each and every fact contained in the
motion;
(5) Failure to
object or claim insufficient information shall constitute the admission of fact
for the purpose of the motion only;
(6) Unless
otherwise specifically ordered by a court, all motions shall be decided upon
the writings submitted;
(7) Repetitious
motions shall not be accepted;
(8) Unless
provided by statute, this chapter or orders of a court, objections to motions
shall be filed within 10 calendar days after the party receives a copy of the
motion; and
(9) Failure to
object to a motion within the time allowed shall constitute a waiver of
objection to the motion.
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.11 Adjudicative
Proceedings.
(a) This section shall apply to all adjudicative
proceedings.
(b) The commission shall commence an adjudicative
proceeding by issuing an order of notice which:
(1) Identifies
the parties to the proceeding as of the date of the order;
(2) Briefly
summarizes the subject matter and issues to be resolved;
(3) Specifies the statutory authority for the proposed
action and identify any agency rules;
(4) Specifies
the date by which, and place where, appearance shall be filed;
(5) Specifies
the date, time and place of the first day of oral hearing, if any, which may be
limited to procedural matters; and
(6) Specifies
the date and address for submission of written materials;
(c) The commission shall carry out the service of
order of notice in the following manner:
(1) The
presiding officer shall serve notice upon all parties to the proceeding by
certified mail or by personal service, at least 10 days before the first date
of oral hearing or the first date action is required in response to the order;
and
(2) The date of
service shall be the date of personal delivery or receipt through the mail.
(d) Upon a written petition showing good cause which
shall include, but shall not be limited to the licensee requesting a speedy
hearing, the presiding officer shall shorten the 10 day notice requirement,
provided no party shall be prejudiced thereby.
(e) All subsequent official communications between
parties including, but not limited to, petitions, responses, motions, orders,
and memoranda, shall be served on all parties, either by the United States Mail
or personal service.
(f) Orders, notices, memoranda, exhibits, and all
other material submitted in a case shall be kept in a case file.
(g) The presiding officer shall provide reasonable
notice of any change to the order of notice to all parties.
(h) Any party, to whom notice has been served in
accordance with this chapter, who fails to appear and fails to advise the
agency of non-appearance prior to the scheduled time of the hearing at which
evidence shall be presented, shall have a decision rendered against him or her
which shall result in adverse administrative action by default.
(i) Orders of the
commission shall be carried out in the following manner.
(1) Within the
time prescribed in Liq 206.03(a) after the conclusion
of a hearing, the presiding officer shall issue an order stating the action to
be taken by the commission and the reasons therefore;
(2) The order
shall be sent to all parties through the United States mails or by personal
delivery; and
(3) The order
shall constitute a final decision on the part of the commission for appeal
purposes.
(j) Intervention petitions shall be carried out in
the following manner:
(1) Petitions
for intervention shall be filed at least 3 days before the commencement of a
proceeding or at any time if the presiding officer determines that such
intervention would be in the interests of justice and would not impair the
orderly and prompt conduct of the proceeding;
(2) Petitions
for intervention shall state, with particularity:
a. The
petitioner's interest in the subject matter of the proceeding;
b. The petitioner's
position with respect to the subject matter of the hearing;
c. Why the
interest of the parties and the orderly and prompt conduct of the proceeding
would not be impaired; and
d. Any other
reasons why the petitioner should be permitted to intervene;
(3) An
intervener shall be subject to the same limitations which would have been
applicable if she or he had been a party from the commencement of the
proceeding; and
(4) An
intervener shall participate in the remaining aspects of the proceeding from
the time of intervention, and no phase or portion of the proceeding shall be
repeated for the benefit of the intervener.
(k) Joinder and severance shall be carried out in
the following manner:
(1) Whenever it
appears to the agency, upon motion or its own initiative, that 2 or more
proceedings involve substantially similar or substantially related issues the
commission shall join those proceedings for hearings, decision or both,
provided no party would be prejudiced by the joinder; and
(2) Whenever it
appears to the agency, upon motion or its own initiative, that prejudice to a
party or parties or undue delay might be avoided, the commission shall sever
one or more issues or parties, and dispose of those issues in another
proceeding.
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
Liq 205.12 Notice
and Conduct of Hearings.
(a) Unless otherwise provided in this chapter all
notices of hearings shall:
(1) Be prepared
and forwarded to all parties or their representatives so as
to afford all parties sufficient opportunity to prepare for and develop
the issues to be considered and decided at the hearing; and
(2) Be
forwarded to all parties or their representatives in sealed envelopes, either
in the United States mails or by personal service.
(b) Scheduling of hearings shall be carried out in
the following manner:
(1) Unless
otherwise provided for by statute or rule, hearings shall be scheduled as soon
as possible following the events giving rise to the necessity for the hearing;
(2) The date
set shall allow sufficient and reasonable time for the preparation of the case
by the agency and all other parties; and
(3) Upon
written motion with good cause, which shall include, but shall not be limited to
illness or injury to one of the parties, the presiding officer shall continue
the hearing or reschedule it for a date later than that specified in the
notice.
(c) Powers and duties of the presiding officer
shall be to:
(1) Schedule
and hold hearings;
(2) Regulate
and control the course of hearings;
(3) Administer
oaths or affirmations;
(4) Receive
relevant evidence;
(5) Take
official notice of facts which are of common knowledge and general notoriety;
(6) Dispose of
procedural requests, including those of the parties or those made on the motion
of the presiding officer;
(7) Hold informal
conferences;
(8) Interview
or examine witnesses;
(9) Cause a
complete record of the proceeding to be made; and
(10) Take any
other action, consistent with applicable statutes and rules necessary to
conduct and complete the proceeding in a fair and timely manner.
(d) All parties shall have the opportunity to
present testimonial and documentary evidence, cross examine adverse witnesses
and make opening and closing statements.
(e) In all proceedings governed by this chapter
that party asserting the affirmative of a proposition shall have the burden of
proving the truth of that proposition by a preponderance of the evidence.
(f) Introduction and admissibility of evidence
shall be governed by the following:
(1) Hearings
shall not be bound by the New Hampshire Rules of Evidence or the Federal Rules
of Evidence;
(2) All
relevant, reliable, and material evidence shall be admissible;
(3) Evidence which is irrelevant, immaterial or unduly
repetitive, shall be excluded;
(4) Evidence
may include, but not be limited to, depositions, affidavits, official
documents, and testimony of witnesses;
(5) The
presiding officer shall:
a. Officially
notice facts;
b. So state in
the official record; and
c. Allow any
party, on a timely request, the opportunity to show the contrary;
(6) The chief of enforcement or his/her designee shall
open the proceedings through presentation of his/her witnesses and exhibits;
(7) Such evidence shall include direct testimony from
investigators of the commission enforcement division, if applicable;
(8) Members of
the commission shall, if they have questions, ask them of the witnesses during
or subsequent to direct cross-examination;
(9) The
licensee shall present his/her testimony to the commission in a manner most
beneficial to him or her;
(10) The licensee may present witnesses, his/her own
statements or choose to provide a narrative presentation of his/her testimony;
(11) Members of
the commission shall, if they have questions, ask them of the witnesses during
or subsequent to direct cross-examination;
(12) Any party
who intends to call witnesses to testify at an administrative hearing shall
provide all other parties and the presiding officer with the following
information, not less than 3 working days before the date of the hearing:
a. The number
of witnesses to be called to testify;
b. The full
name of each witness to be called;
c. The home
address of each witness to be called; and
d. The capacity
of employment of each witness to be called; and
e. The
substance of witness testimony.
(13) Upon request,
the chief of enforcement shall supply the licensee or their duly appointed
representative with all reports and a list of any evidence which has been
obtained during an investigation and which might be introduced at any administrative
hearing against the licensee;
(14) A request pursuant to (13) above shall be made to
the chief of enforcement in writing with a copy to the chairman of the
commission;
(15) All hearings
shall be recorded by means of audio and/or video recording devices; and
(16) Recorded
results shall be maintained for a period of one year from the date of the final
order.
(g) All adjudicative decisions of the commission
shall:
(1) Be made on the basis of evidence of record only;
(2) Be based on
a preponderance of the evidence record taking into account
that the burden of proof is on the party alleging a fact or circumstance; and
(3) Take no
account of any ex-parte communication of any kind
made during the pendency of the proceeding.
(h) A written
decision setting forth the finding of fact, and conclusions drawn by the
presiding officer shall be prepared, and parties shall receive copies of the
decisions and findings.
Source. #6545, eff 7-23-97;
ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-A,
eff 7-1-06
PART Liq 206 PROCEDURES AND CONSIDERATIONS AFTER
ADJUDICATIVE HEARINGS
Liq 206.01 Licensee
Record.
(a) When a licensee receives an adverse decision as a result of an administrative hearing with regard to a
violation, the presiding officer shall examine the licensee's record and note
all violations.
(b) The number of recorded violations shall be
used in determining what administrative action shall be taken as provided by Liq 603.02, Liq 603.04, or Liq 605.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM,
eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-B, eff
6-14-17
Liq 206.02 Commission
Consideration.
(a) The
presiding officer shall consider any testimony or evidence offered by the prosecuting
investigator, the licensee, and by all witnesses.
(b) The presiding officer, when hearing testimony
or evidence regarding a violation of a statute or an administrative rule, shall
consider any aggravating factor or mitigating factor which is offered in any
defense or prosecution, as required by RSA 179:56 III (a), in determining any
administrative action or penalty.
(c) Aggravating factors shall include but not be
limited to:
(1) The failure
to train employees in liquor education classes;
(2) The failure
to have adequately trained managers;
(3) The failure
to take advantage of education classes offered by the bureau of enforcement;
(4) The failure
to have any training with regard to RSA Title XIII
requirements for an employee;
(5) The failure
to request identification of a person who appears younger than age 21 before
sale of alcoholic beverage;
(6) Service of
more than 4 drinks in an hour, or 6 drinks total, to a person who becomes
intoxicated;
(7) The failure
to detect poor quality identification documents as being false;
(8) The
reckless serving of alcohol to a person under age 16 years;
(9) Serving a
minor who is legally intoxicated;
(10) Failure to
monitor the quantity of alcohol served to a patron;
(11) The active
encouragement of intoxicated patrons to consume more alcohol;
(12) The
service of alcohol to a patron that is so continuous and excessive that it creates
a risk of death by alcohol poisoning;
(13) The active
assistance of a patron into a motor vehicle when the patron is so intoxicated
as to need assistance, when a person knows or should know that the intoxicated
person will operate the motor vehicle;
(14) The failure to properly manage the premises, such
as allowing overcrowding, unaccompanied minors in lounges, standees to drink,
lack of effort to clear aisles, or areas of ingress or egress and blocked fire
exits;
(15) The
failure to take corrective action on previously cited violations;
(16) A culpable
mental state, as defined by RSA 626:2, II, General Principles, of the New
Hampshire Criminal Code shall be an aggravating factor when
"purposefully" or "knowingly" is proven;
(17) A
violation of RSA 179:5 when it conforms to the provisions of RSA 507-F:4, II,
III, & IV or RSA 507-F:5, III;
(18) Negligent
or reckless service of alcoholic beverages pursuant to RSA 507-F:4 and RSA
507-F:5; and
(19) Any factor
which increases the hazard to public safety and which is due to the sale or
consumption of alcoholic beverages.
(d) Mitigating
factors shall include but not be limited to:
(1) The licensee
having no record of like violations;
(2) The
licensee having no record of any violation;
(3) The
licensee admitting to problems detected and taking steps to rectify the
situation;
(4) The documented attendance of the licensee's
personnel at a commission sponsored educational program;
(5) Implementing
training for managers to make them aware of the liquor laws and rules;
(6) Maintaining
an adequate number of trained employees to supervise the sale and consumption
of alcoholic beverages on the premises to assure compliance with the liquor
laws and rules;
(7) The licensee
having requested a liquor education program, not yet conducted, when the problem
occurred;
(8) A new
employee with instruction from management, but not having attended a liquor
education program;
(9) Established
management policies of ensuring persons of questionable age are checked as to
age before service of alcohol;
(10) Training
for those checking IDs in the detection of false or altered documents;
(11) Publicizing
responsible service of alcohol;
(12)
Encouraging patrons not to drink too much;
(13)
Encouraging patrons to consume non-alcoholic beverages or food;
(14) Encouraging patrons to use alternate forms of
transportation;
(15) The
display of any correct form of identification in any sale or attempted purchases
of alcoholic beverages as outlined by RSA 179:7 and RSA 179:8;
(16) The
physical appearance of any person, and the prudent application of
reasonableness to an estimation of age as required by RSA 179:7 and RSA 179:8;
(17) Service of
alcoholic beverage for a violation of RSA 179:5 shall be considered mitigating
if RSA 507-F:4, V, VI, and VII apply;
(18)
Responsible business practices pursuant to RSA 507-F:6; and
(19) Service of
only one drink to a person who becomes intoxicated.
(e) The presiding officer shall decide each case
after the hearing is closed by a preponderance of the evidence.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-B, eff
6-14-17
Liq
206.03 Penalty Administration.
(a)
After hearing testimony and considering all evidence presented,
including aggravating and mitigating factors, the commission shall reach a decision
on administrative action to be taken with respect to any administrative hearing
within 15 working days of the final hearing, or within 15 working days of a
legal opinion sought in conjunction with an adjudicative proceeding conducted
pursuant to Liq 205.11 and Liq
205.12.
(b)
Administrative penalties shall follow the guidelines in Liq 603 or Liq 605, as
applicable.
(c)
The commission shall enforce any penalty within 10 working days after
reaching a decision on administrative action except as specified in Liq 206.04 (g).
(d) Any licensee or his or her appointed
representative may waive the 15 day deadline for the commission to reach a
decision.
Source. (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by
#6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-01-06; ss by #8531,
INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-B, eff 6-14-17
Liq 206.04 Rehearing.
(a) Any party to an adjudicative hearing may
petition the commission for a rehearing within 30 calendar days of being
notified of the commission's decision.
(b) The commission shall grant a rehearing only
in cases when the petitioner demonstrates that:
(1) The
decision rendered was contrary to statute or rule;
(2) The
petitioner was not allowed at the hearing to present evidence material to
issues of fact or law;
(3) The
decision was contrary to a final and binding settlement agreement; or
(4) Procedures
for adjudicative hearings detailed in liquor rules were not followed and that
this materially affected the decision to the detriment of the petitioner.
(c) Rehearings shall be
held by either the chairman, deputy commissioner, or their designee. Rehearings shall
not be held by a presiding officer who rendered a decision as
a result of the original hearing.
(d) Rehearings shall be
scheduled within 10 working days of the granting of a petition for rehearing.
(e) Rehearings shall
only concern those issues enumerated in the petition for rehearing.
(f) The chairman, deputy commissioner, or their
designee shall decide any action to be taken as a result of
a rehearing within 15 working days of the rehearing, or within 15 working days
of a legal opinion sought in conjunction with the rehearing.
(g) The commission shall not enforce any administrative
penalty prior to deciding upon any petition for rehearing, or during the rehearing
process.
Source. #6667, eff 1-1-98, EXPIRES:
1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-B, eff
6-14-17
PART Liq 207 PETITIONS FOR REVOCATION
Liq 207.01 Petition
for Revocation.
(a) The governing body of any city or town which
has accepted the provisions of RSA 663:5, I(b), (c), and (d), may petition the
commission for the revocation of a liquor license located within that
community.
(b) The petition shall:
(1) Be in writing;
(2) Be sent to the
chairman of the liquor commission;
(3) Be limited
to a single licensed location; and
(4) State
clearly:
a. The name and address of the petitioner and their
representative, if any;
b. Why the petition should be adopted;
c. Pertinent factual data supporting the petition; and
d. Views or arguments to be considered.
(c) A copy of the petition, with or without
supporting documentation, shall be mailed to the licensee by certified mail or
hand delivered to the licensed premise.
(d) Two copies of the petition and all supporting
documentation shall be filed with the commission.
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 207.02 Commission
Response.
(a)
Within 10 working days after submission of the complete petition the
commission shall consider it and:
(1) Require specific written information be furnished
to clarify the petition, if necessary;
(2) Deny the petition in writing, stating the
reasons therefore; or
(3) Schedule a revocation hearing within 10
working days from the date of commission acceptance of the petition and notify
the petitioner and licensee by telephone and either certified mail or
electronic mail with receipt confirmation requested;
(b) The licensee notice shall include a copy of
the petition and all supporting documentation.
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 207.03 Denial
of Petitions.
(a) The petition shall be denied for any of the
following:
(1) Lack of factual information documenting the charges in the petition;
(2) Failure of
the petitioner to notify the licensee of the alleged practices leading to the
petition and allow the licensee opportunity to correct said practices; or
(3) The facts
or practices alleged in the petition not being sufficient to allow revocation.
(b) The petition shall not be denied for:
(1) The
licensee not receiving notice sent as required in Liq
207.01(c);
(2) The alleged
problems being caused by a manager with or without the knowledge of the
licensee; or
(3) The alleged
problems being caused by patrons on the premises.
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 207.04 Revocation
Hearings. The chairman or his or her
designee shall hold revocation hearings initiated under this part subject to
the provisions of Liq 205, with the exception that:
(a) Liq 205.03, Liq 205.04, and Liq 205.05 shall
not apply; and
(b) Liq 205.12(f)(6)
and (7) shall not apply.
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 207.05 Grounds
for Holding Revocation Hearings.
Revocation hearings shall be held when the petitioner alleges that:
(a) There is continual or longstanding disregard
of state law or administrative rules at the licensed business; or
(b) The location of the business is not
appropriate considering either the nature of the business as currently being
operated, the nature of the neighborhood, or the number of similar businesses
in the neighborhood, as required by RSA 178:3, VII (f), as shown by:
(1) Negative
economic impact directly attributable to the business on neighboring
businesses, other than competitive;
(2) Reduction
of neighborhood property values attributable to the business;
(3) Negative impact
on the quality of life of area residents, as shown by:
a. Increased
traffic attributable to the licensed business;
b. Litter attributable
to the licensed business;
c. Harassment or threatening behavior by patrons at
the business toward residents or passersby; or
d. Increased
crime or disorderly behavior in the neighborhood directly attributable to the
licensed business;
(c) The business is not being operated primarily
for the purposes indicated by the license type;
(d) The licensee has failed to meet the
requirements of RSA 178:21, II (a)(1) or RSA 178:22, V(e)(1)(a);
(e) The person or persons actually
managing the business do not meet the requirements of RSA 178:3, VII (e);
or
(f) The license holders do not meet the
requirements of RSA 178:3, VII (b).
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06, EXPIRED:
7-1-14
New. #12207-A, eff 6-14-17
Liq
207.06 Licensee Record. The presiding officer shall consider the
following commission records for the purposes of revocation:
(a) The record of violations of the licensee taken
as a whole for the past 5 years; and
(b)
The truthfulness of the licensee in his original application and any
amendments filed to it.
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 207.07 Evidence.
(a) The presiding officer shall consider as
evidence:
(1) Police logs
and reports;
(2) Documented
complaints made to:
a. Local or state police;
b. Other local officials; or
c. State officials or the commission;
(3) Orders,
correspondence, or other documents from town officials to the licensee and any
responses;
(4) Police and
court records concerning the licensee, licensed premise, or persons in charge;
(5) Petitions
or other statements by area residents or neighboring businesses;
(6) Commission
records of licensee conduct; and
(7) Records
demonstrating licensee non-compliance with:
a. Zoning
requirements;
b. Health or
safety requirements; or
c. Other local
or state ordinances.
(b) The presiding officer shall not consider:
(1)
Undocumented complaints, whether from officials or the public; or
(2) Complaints
which the licensee was given no chance to correct.
(c) The licensee may introduce exculpatory
evidence for the presiding officer’s consideration.
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 207.08 Revocation. The chairman, deputy commissioner, or their
designee shall revoke the license as required by the petitioners upon finding
that:
(a) A preponderance of the evidence presented indicates
that the facts alleged in the petition for revocation are substantially
correct; and
(b) The facts alleged in the petition demonstrate
at least one of the following:
(1) The
business is not in compliance with the requirements of RSA 178:3, or other
licensing requirements for the business;
(2) The
demonstrated character or ability of the person or persons actually
managing the business on a day to day basis is not sufficient to ensure
that the business is operated in compliance with the laws and statutes of the
state, commission, or locality; or
(3) Continual
or long standing disregard of the business for state laws or administrative
rules.
Source. #7061, eff 7-23-99;
ss by #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
PART Liq 208 LICENSING HEARINGS
Liq 208.01 Purpose. The purpose of this part is to set forth the manner in which the commission shall hold hearings prior to
issuing licenses, the manner in which the commission shall communicate to
license applicant’s denials of licenses, and how the commission shall hold appeal
hearings on such denials.
Source. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 208.02 Informational
Licensing Hearings. Prior to issuing
a new license, the chairman or his or her designee shall hold a public
informational hearing if requested by the local governing authority or the
public, or if the commission requires additional information to determine whether
the license applicant meets the criteria of RSA178:3 VII. The hearing shall be conducted as follows:
(a) The prospective licensee and the local governing
body shall be notified at least 10 calendar days prior to any informational
hearing;
(b) Public notice of the hearing and the public's
right to testify shall be published in a local paper of record at least 10
calendar days prior to the hearing;
(c) The presiding officer shall take testimony in
the following order:
(1) The
prospective licensee;
(2) The local
governing authority;
(3) The public,
in the order in which they sign up to speak;
(d) The commission shall question speakers if necessary
to clarify their positions;
(e) There shall be no cross examination or
rebuttal testimony; and
(f) Written testimony shall be accepted only if
signed and received prior to the close of the hearing.
Source. #8670-B, eff 7-1-06, EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 208.03 License
Denials. When denying a license
application, either new or renewal, the presiding officer shall:
(a) Notify the applicant in writing, specifying
the reason(s) for denying the application;
(b) Notify the applicant of their right to a hearing
before the commission;
(c) Notify the applicant, if a renewal, that the
license shall lapse on the expiration date and that no extensions shall be granted;
and
(d) For denials based on points as defined in Liq 601.03 include the number of points accumulated, the
violations causing the points, and the prima facie assumption that any licensee
accumulating 12 or more points in a license year does not meet the criteria of
RSA178:3 VII (b) and (e).
Source. #8670-B, eff 7-1-06, EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
Liq 208.04 License
Denial Appeal Hearings. License
denial appeals hearings shall be conducted under the provisions of Liq 205.
Source. #8670-B, eff 7-1-06, EXPIRED: 7-1-14
New. #12207-A, eff 6-14-17
PART
Liq 209 Suspensions of Licenses Prior to a Hearing
Liq 209.01 Immediate Suspensions Requiring a Hearing.
(a)
When the commission receives information, which the commission deems
credible, indicating that a licensee has engaged in conduct that poses an
immediate danger to public health, safety, or welfare, the commission shall,
pursuant to RSA 541-A:30, III, immediately suspend such person’s license and
commence an adjudicative proceeding not later than 10 working days after the
date of the commission order suspending the license.
(b)
Suspension orders under this section shall include a notice of hearing
as provided in Liq 205-206 setting forth all
information required by RSA 541-A:31, III.
(c)
No hearing date established in a proceeding conducted under this section
shall be postponed at the request of the licensee unless the licensee agrees in
writing to waive the 10 working day requirement. If the licensee waives the 10 working day
requirement, the suspension shall remain in effect until the completion of the
hearing.
Source. #12208, eff 6-14-17
Liq
209.02 Emergency Suspensions – No Hearing
Required.
(a)
In accordance with RSA 179:56, III (c), if the commission possesses
credible information indicating that a licensee is engaging in conduct or that
circumstances exist that present a risk to public health, safety, or welfare
constituting an emergency, the commission shall suspend, for a period of not
more than 24 hours, any license issued under the provision of this title.
(b)
Any such suspension shall be approved directly by the chairman or deputy
commissioner before taking effect.
Source. #12208, eff 6-14-17
CHAPTER Liq 300 APPLICATION DE-LISTING AND LISTING PROCEDURES
Statutory
Authority: RSA 176:14, RSA 176:13, II
and RSA 177:7.
Revision Note:
Document #5180, effective 7-22-91,
made extensive changes to the wording and format of Chapter Liq
300. Document #5180 supersedes all prior
filings for the sections in this chapter.
The filings prior to Document #5180 include the following documents:
#94, filed 12-05-73, as in effect
8-31-73 under 1973, 507:4
#727, eff
12-18-75
#2137, eff
9-30-82
#2931, eff
12-26-84 - EXPIRED 12-26-90
#5043, eff
1-11-91
Please note that the rules in former Liq 300 were out of effect between 12-26-90 and 1-11-91.
Filed as part of Document #5043, former
rules Liq 301.01, Liq
302.01 through 302.15, Liq 303.01 through 303.04, Liq 304.01, Liq 305.01 through
305.03, and Liq 306.01 have all been amended and incorporated
into different sections of Liq 300 by Document #5180.
PART Liq 301 SYSTEM ESTABLISHED
Liq
301.01 Purpose. The purpose of this chapter is to set forth
the manner in which vendors of spirits and wines and
manufacturers of wines apply to have their items sold to the State of New
Hampshire, and the manner
in which the State of New Hampshire lists and de-lists spirits and wines for
sale in the state.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
301.02 Definition of Terms. The following terms shall be construed as set
forth below:
(a)
“Available
wines” means wines which are not listed under Liq
304.02, but that are registered by a brand code number and offered to licensees
through the commission;
(b)
“Bailment inventory” means vendor or manufacturer-owned inventory stored
in a warehouse in New Hampshire and used to fill commission orders on an
as-needed basis;
(c)
“Brand code” means a number assigned by the commission to each size and
brand of a product for identification purposes;
(d)
“Broker” means an agent of a liquor or wine vendor providing services to
the vendor on a commission basis;
(e)
“Class” means spirits and wine items having common characteristics grouped
for statistical purposes;
(f)
“Dessert wine” means wine that has been fortified to an alcoholic
content of over 15.5% by having brandy or spirits added;
(g)
“Fiscal month” means a period of time
consisting of either 5 or 4 fiscal weeks commencing July 1 of each fiscal year,
each fiscal week ending on Sunday at midnight which follow a 5, 4, 4,
repetitive pattern where the first fiscal month is 5 fiscal weeks, the second
fiscal month is 4 weeks, and the third fiscal month is 4 weeks, repeated through out the fiscal year ending June 30 at midnight;
(h)
“Full distribution” means that a product is available to be ordered by
all New Hampshire state liquor stores;
(i) “Gross profit” means the difference between
sales dollars and the average purchase order costs;
(j)
“Holiday listing” means a limited number of spirits and wine items in
special packaging intended for sale during the fiscal months of October, November
and December in commission retail stores and from warehouses;
(k)
“Limited distribution” means that a product is marketed only in commission-designated
state stores;
(l)
“Listed item” means spirits and wines approved pursuant to Liq 303 – 306 for sale in commission liquor stores and/or
from warehouses;
(m)
“Prepared cocktail” means a spirit-based product named as and designed
to duplicate a drink normally prepared by a bartender for the on-premise trade.
This term does not include proprietary products;
(n)
“Primary listing” means any SKU of a table wine that achieves an annual
gross profit that exceeds the gross profit for the 325th listed SKU,
arranged in order of gross profit, in the state retail stores;
(o)
“Point of sale merchandising” means advertising and display of a product
within the store in which that product is sold;
(p)
“Primary source” means the domestic distiller, producer, owner of the
commodity at the time it became a marketable product, bottler or exclusive agent
of any such distributor or owner. In the
case of imported products the primary source of supply means either the foreign
producer, owner, bottler or agent or the prime importer or the exclusive agent
in the United States or the foreign distiller, producer or owner;
(q)
“Proof unit” means ½ of one percent alcohol by volume at 68 degrees
Fahrenheit;
(r)
“Proprietary” means used, made, or marketed by one having the exclusive
right;
(s)
“Regular listing” means spirits and wine sold in commission retail
stores and from warehouses;
(t)
“SA620 report” means a computerized consecutive 12 fiscal month statistical
report, generated at the end of each fiscal month by the commission, indicating
the total gross profit by item and total by class;
(u)
“Secondary listing” means any SKU of a table wine that achieves an
annual gross profit that exceeds the gross profit for the 750th
listed SKU, arranged in order of gross profit, in the state retail stores;
(v)
“SKU” means a stock keeping unit;
(w) “Specialty listing” means spirits
and wines sold in designated commission stores and from warehouses;
(x)
“Spirits” means a potable beverage containing alcohol primarily obtained
through distillation;
(y)
“Supplier” means a natural or other person who is licensed as a vendor,
manufacturer, or representative;
(z)
“Table wine” means “wine-table” as defined in RSA 175:1, LXIX;
(aa)
“Test market” means the sale of a product for a period of 6 fiscal
months during which that product is marketed in commission stores to determine
consumer acceptance and product profitability;
(ab)
“TTB” means the Tax and Trade Bureau of the United States Treasury Department;
(ac)
“Vermouth” means a wine-based product which has been mixed with herbs and
has an alcohol content of greater than 15.5% by volume; and
(ad)
“Vintage” means the year that wine grapes are harvested.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss
and moved by #6515, eff 7-1-97 (formerly Liq 301.03);
ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
PART Liq 302 LISTING
APPLICATION PROCEDURE
Liq 302.01 Application
Procedure. Suppliers wishing to have
their products considered for listing by the commission shall adhere to the
following procedures:
(a)
Each listing for a spirit shall first meet the criteria of Liq 304.04 prior to application for listing;
(b)
Each request to have a spirit or wine item considered for listing shall
be submitted on a vendor specification form 220-a to the commission, attention
of the chairman;
(c)
Suppliers shall include the following on Control State Standard
Quotation & Specification Form:
(1) Date submitted;
(2) Brand name;
(3) Proposed effective date of the listing;
(4) Warehouse designation;
(5) Type of product;
(6) Age/vintage of product, where applicable;
(7) Alcohol content/proof of product, where
applicable;
(8) Whether the product is domestic or imported;
(9) Name and address of the distiller;
(10) Name and address of the bottler;
(11) Whether the product is sold under any other
label;
(12) Reason for submittal such as new product,
change of product;
(13) Volume of product container;
(14) Case description and number of units in the
case;
(15) Units in the selling package, including the
volume of the single unit;
(16) Vendor no. and Uniform Price Code;
(17) A blank line for the NH state code to be
assigned by the commission;
(18) Pallet/tier quantity;
(19) Case weight;
(20) Net cost F.O.B. ship point;
(21) U.S. freight costs;
(22) Ocean freight costs;
(23) Marine Insurance costs;
(24) Other charges including bailment charges;
(25) Insert net;
(26) Total invoice cost;
(27) Case dimensions including length, width, and height;
(28) Minimum shipping quantity;
(29) Last previous quote;
(30) Date of last quote;
(31) Case increase or decrease in cost;
(32) Shipping information, including shipping
point(s);
(33) Invoice information including terms;
(34) Name, address and license number of
designated liquor and wine representative;
(35) Name, address and license number of supplier;
and
(36) Signature of supplier or executive officer.
(d)
All costs shall reflect actual case costs and related transportation and
bailment expenses;
(e)
Only one brand shall be submitted on a form. Multiple sizes of the same brand may be
submitted on the same form;
(f)
Forms shall be filled out completely, in a legible manner, in
non-fading, non erasable
graphic such as ink or typewriter;
(g)
In the event a supplier submits an incomplete form, such form shall not
be processed. The submitting party shall
be notified of the omissions pursuant to the provisions of RSA 541-A:29 and the
commission shall request the additional information needed;
(h)
In addition to the completed 220-a form, the request shall include:
(1) The label of each product; and
(2) A marketing letter which supplies the
following:
a. Projected annual case sales and gross profit;
b. Case sales performance in other markets;
c. Case sales trend in immediate past 18 fiscal
months;
d. Pricing history in the past 18 fiscal months;
e. Statement by the vendor of current and future
ability to supply the product;
f. Statement by the vendor of marketing program
to support the product, including media advertising program and point of sale
merchandising and advertising copy;
g. A photograph of the product;
h. A copy of the label registration required by
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);
i. Verification of the primary source producer
or manufacturer as defined by Liq 301.02(q) of a product; and
j. Exclusive agent agreement if the product is
submitted by other than the primary producer or manufacturer.
(i) Each application shall be time and date stamped
upon receipt.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#5289, eff 1-1-92; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED:
8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
302.02 Notification of Decision.
(a)
Suppliers shall be notified of any commission action regarding applications
within 45 days of the action.
(b)
Suppliers whose products are listed shall be notified of the brand code
number assigned to their products.
(c)
Suppliers whose products are not accepted for listing shall be informed
of the reason(s) for that decision.
(d)
Decisions shall be based upon compliance with the requirements of Liq 304 through Liq 306, as applicable.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-9-13
New. #10463, eff 11-21-13
PART
Liq 303 SPIRITS
LISTING PROCEDURE
Liq
303.01 Purpose. The purpose of this part is to develop and
maintain a uniform and systematic manner by which the commission shall secure
spirits for sale to licensees and the public.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq 303.02 Test Market.
(a)
Before listing any spirit product for limited or full distribution, the
commission shall subject that product to a 6 fiscal month test market to ensure
that demand for that product exists.
(b)
In the event of an emergency that creates short supply of a popular
category, the commission shall forego the 6 fiscal month test market, and list
a spirit product for immediate distribution.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
303.03 Test Market Procedure.
(a)
The commission shall accept, in one brand size only, all eligible broker
submittals for the test market.
(b)
To be eligible for test marketing, the product shall meet the following
requirements:
(1) The product
shall not have been de-listed pursuant to Liq 308 in
any size in the state of
New
Hampshire within the past 12 fiscal months;
(2) The product shall
be available for inventory;
(3) The product shall have
been in demand by consumers in other retail markets;
(4) The product shall have
an assured continuity of supply; and
(5) The product shall meet all
applicable requirements of the rules in this chapter.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
303.04 Test Market
Performance/Listing.
(a)
In order to be listed for full distribution, the minimum gross profit
production during the 6 fiscal month test market period shall be determined and
posted annually for each class by the commission on or before July 1st.
(b)
Vendors shall be responsible for promoting the product to produce the
minimum gross profit required during this period;
(c)
Failure to attain this amount shall result in de-listing of the product
as provided by Liq 303.02;
(d)
Vendors shall be responsible for advertising their product during the
test market period in order to produce the required
gross profit, including in-store merchandising;
(e)
Vendors of items succeeding in the test market shall complete the
listing process by requesting in writing that their product be listed, with the
types of listing desired;
(f)
Items failing in the test market shall not be approved for additional
test marketing in any size for a period of one year from the date the product
was first available for sale in the commission stores.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
303.05 Additional Sizes.
(a)
Additional sizes of a listed spirit brands shall be listed by the
commission upon written request by the vendor if the following conditions are
met:
(1) The listed brand shall have a gross profit
that exceeds the gross profit requirement of its class by 50 per cent either at
the conclusion of the test market period or for the current consecutive 12
fiscal month period at the time of the request;
(2) In the event more than one size of the brand
are listed, each shall separately have a gross profit equal to or greater than
the gross profit determined and posted by the commission for its class for the
current consecutive 12 fiscal month period; and
(3) The new size shall be securely packaged.
(b)
Factors which indicate secure packaging shall include but not be limited
to:
(1) The sturdiness and construction of the case;
(2) The cap and seal on the container; and
(3) The shape of the container conforms to shelf
standards.
(c)
The new approved size shall then meet the test market performance
criteria as outlined in Liq 303.04(a).
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
303.06 Change in Size.
(a)
The commission shall allow a change in the size of a currently listed
product upon written request of the vendor if the following conditions are met:
(1) The listed product has a gross profit of
$25,000 or more for the current consecutive 12 fiscal month period at the time
of the request; and
(2) The new size meets the requirement set forth
in Liq 303.05(a)(3).
(b)
Requests for change in size of the container shall include:
(1) The name and address of the vendor making the
request;
(2) The product for which the change is made; and
(3) The current size and the proposed size of the
product for which the request is made.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
303.07 Change in Container.
(a) The commission shall allow a change in the
shape of the container of a currently listed product upon written request of
the vendor, if the requested package meets the requirements set forth in Liq 303.05(a)(3).
(b)
Requests for change in shape of the container shall include:
(1) The name and address of the vendor making the
request;
(2) The product for which the change is made; and
(3) The current shape and the proposed shape of
the product for which the request is made.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
303.08 Change in Proof.
(a)
A request from a vendor or manufacturer for a change in the alcohol
content of a product shall be treated as a request for de-listing of the
original product and a new listing for the replacement, if
the change in alcohol content is greater than or equal to 10 proof units.
(b)
Vendors or manufacturers shall notify the commission in writing of
changes in alcohol content of less than 10 proof units.
(c)
Requests for change in proof of greater than 10 proof units shall
include:
(1) The name and address of the vendor making the
request;
(2) The product for which the change is made; and
(3) The current proof and the proposed proof of
the product for which the request is made, and the size of the container for
which the request is made.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
PART
Liq 304 WINE
LISTING PROCEDURE
Liq
304.01 Purpose. The purpose of this part is to establish a
uniform system for listing wines for sale to licensees and the public.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04,
EXPIRED:12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
304.02 Requests for Listing.
(a)
The commission shall list wines that have been purchased from a manufacturer,
vendor or broker who has been designated as the primary source per RSA 176:14.
(b)
A primary source who wishes to have a table wine listed shall submit a
completed form 220-a to the commission.
(c)
There shall be no limit on the number of applications for regular
listing of available wines pursuant to Liq 302.01 on
form 220-a that may be made by a primary Source.
(d)
To be eligible for listing, a table wine shall meet the following requirements:
(1) The product shall be available for inventory;
(2) The product shall have been in demand by
consumers in other retail markets;
(3) The product shall have an assured continuity
of supply;
(4) The product shall meet all applicable
requirements of the rules in this chapter;
(5) A copy of the label shall be provided; and
(6) A copy of the TTB label registration shall be
provided.
(e)
Table wines not listed in any other type of listing in the state may be
offered for sale by a primary source through the commission to licensees.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#5289, eff 1-1-92; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243,
eff 12-31-04, EXPIRED: 12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
304.03 Listing Procedure for State
Retail Stores.
(a)
In order to be eligible to be listed as a primary, secondary or specialty
listing in the commission retail stores, a table wine shall meet the following
requirements:
(1)
The table wine listed as a primary, secondary
or specialty listing in the commission retail stores, shall be subject to a 6
fiscal month review to ensure that demand for that product continues;
(2) The table wine shall maintain the minimum
gross profit production during a 6 fiscal month period which shall be
determined and posted annually for each class by the commission on or before
July 1st;
(3) The product shall be available for inventory;
(4) The product shall have an assured continuity of
supply; and
(5) The product shall meet all applicable
requirements of the rules in this chapter.
(b)
Primary listed table wine shall be distributed to all
of the state retail stores.
(c)
Secondary listed table wine shall be distributed to state retail stores
on a space available basis.
(d)
Specialty listed table wine shall be distributed to state retail stores
on a space available basis as follows:
(1) Specialty wines shall be selected for regular
listing by demonstrated consumer demand in other retail markets, sales
performances in the national market, and potential profitability, but the
decision to list shall not be limited to these factors;
(2)
State retail stores may carry available
specialty wines registered pursuant to Liq 304.02 which
have limited demand but are essential to round out the product-line offered to
retail customers and/or licensees; and
(3) Such specialty wines shall receive limited
distribution in designated state stores at the discretion of the commission.
(e)
In the event of an emergency that creates short supply of a popular category,
the commission can list a table wine for immediate distribution.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#5289, eff 1-1-92; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by
#8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
304.04 De-Listing Procedure for State
Retail Stores.
(a)
The minimum gross profit production
during a 12 fiscal month period shall be determined and posted annually
for primary, secondary and specialty listed table wine by the commission on or
before July 1st.
(b)
Any table wine listed as a primary, secondary or specialty listing in
the commission retail stores, shall be subject to a 6 fiscal month review to
ensure that demand for that product exists.
(c)
Failure to maintain an amount of gross profit equal to half of the
annually posted gross profit product for primary, secondary and specialty
listed table wine shall result in de-listing of the product as provided by Liq 308.02.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
304.05 Additional Sizes.
(a)
Additional sizes of a primary or secondary listed wine brand shall be
listed in the state’s retail stores upon written request by the primary source,
if the following conditions are met:
(1) The listed brand shall have a gross profit
that exceeds the gross profit requirement of its class by 50 per cent for the
current 6 fiscal month period at the time of the request; and
(2) In the event more than one size of the brand
are listed, each shall separately have a gross profit to or greater than the
gross profit determined and posted by the commission for its class for the
current 6 fiscal month period.
Source.
(See Revision Note at chapter heading
for Liq 300) #5180, eff
7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff
12-31-04, EXPIRED: 12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
304.06 Change in Container.
(a)
The commission shall allow changes in the shape of the container of a
currently listed product upon written request of the primary source, if the
requested package meets the requirements set forth in Liq
303.05(a)(3).
(b)
Requests for change in shape of the container shall include:
(1) The name and address of the vendor making the
request;
(2) The product for which the change is made; and
(3) The current shape and the proposed shape of
the product for which the request is made.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
PART
Liq 305
DESSERT WINES AND VERMOUTH
Liq
305.01 Listing.
(a)
Dessert wines and vermouths shall be selected for listing by
demonstrated customer demand in other retail markets, sales performance in the
national market, and potential profitability, but the decision to list shall
not be limited to these factors.
(b)
Gross profit shall not be the sole determinant for selection.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
PART
Liq 306
SPECIALTY ITEMS/SPECIAL ORDERS
Liq
306.01 Specialty Listing.
(a)
Requests from NH licensed manufacturers, vendors, or their licensed
representatives for specialty listing may be made at any time during the
year. A marketing letter, as outlined in
Liq 302.01(h)(2) shall be submitted with the request.
(b)
Commission designated stores shall carry selected specialty items.
(c)
Specialty items shall include:
(1) Products which have limited but steady use by
citizens and on-premise licensees;
(2) Products in which small quantities are used
in preparing food or mixed drinks;
(3) Products with limited production or
distribution; and
(4) New Hampshire produced products which satisfy
the special needs of tourists.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq 306.02 Holiday Listing.
(a)
The commission shall accept submittal of items for holiday listing consideration
each year.
(b)
Suppliers shall be notified through their local licensed liquor and wine
representative of the holiday listing period.
(c) The notice shall include the dates
for which the listing is requested.
(d)
Submittals for holiday listing shall include guaranteed delivery date(s)
for the product.
(e)
Holiday items shall be selected for listing, not by gross profit, but by
availability for key sales periods and how they will round out the customer
selection for holiday purchases.
(f)
Factors which show well rounded products offerings shall include but not
be limited to:
(1)
Products’ retail price ranges;
(2) Holiday packaging which has sold well in
previous years; and
(3) Popular items packaged in a gift pack.
(g)
Listing of a product shall not be automatically repeated from year to
year.
(h)
Items not received by the delivery date(s) specified in the listing
submittal shall be de-listed, and any shipment of the product refused, unless
the administrator of sales and marketing certifies to the commission that:
(1) The product is necessary to round out the
holiday listings, and
(2) The product will, in spite
of late delivery, sell out during the holiday period.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
306.03 Special Orders.
(a)
Retail customers may place requests with the commission for items not currently
listed.
(b)
The commission shall attempt to obtain the item in a timely manner, subject
to the following conditions:
(1) When ordering, the customer shall provide a
complete description of the item;
(2) Each order shall be for a minimum of one case
of the item;
(3) Full payment, which shall include
transportation costs, shall be submitted prior to the purchase of the item by
the commission;
(4) Once full payment is submitted, a special
order shall not be canceled by the customer and no refunds shall be given; and
(5) Special orders for retail customers shall be
shipped to a commission store designated by the customer for pick up.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
PART
Liq 307
ADMINISTRATIVE LIMITATIONS AND PROHIBITIONS
Liq
307.01 Cost Changes by Vendor/Manufacturer.
(a)
Cost changes by vendors and manufacturers may be filed 4 times per year.
(b)
All vendors and manufacturers shall report a cost change, via the
wholesaler or supplier secure portal, as applicable, at https://ice.liquor.nh.gov.
(c) Cost changes by vendors and manufacturers
shall be sent to the commission on the following quarterly schedule:
(1) October 1 for a cost change effective for the
following January promotional month;
(2) January 1 for a cost change effective for the
following April promotional month;
(3) April 1 for a cost change effective for the following
July promotional month; and
(4) July 1 for a cost change effective for the
following October promotional month.
(c)
Should any due date fall on a Saturday, Sunday or New Hampshire observed
holiday, the next working day shall be considered the due date for notification
of cost changes.
(d) Cost increase filings received after the due
date shall be returned as unacceptable.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13;
ss by #12410, eff 10-26-17
Liq
307.02 Swaps Prohibited. Exchanges for new items for listed items
shall be prohibited, and this provision shall include a permanent or temporary
change in:
(a)
The size of the same brand unless the provisions of Liq
303.05(a) or Liq 304.04(a) are complied with; or
(b)
The brand for another brand in any class.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
307.03 Listing Limitations.
(a)
The commission shall list every product with a brand code.
(b)
A wine which is marketed by the supplier under a different vintage(s)
shall be considered a different product for purposes of brand codes.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
PART Liq 308 DE-LISTING PROCEDURE
Liq 308.01 Purpose. The purpose of this part is to set forth the
criteria necessary for the commission to de-list a currently listed item, or to
remove an item from state liquor stores.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
308.02 De-listing Criteria.
(a)
In addition to considerations previously set forth in this chapter in Liq 303.04, the commission shall de-list an item for any of
the following reasons:
(1) Gross profit of a distilled spirit product,
prepared cocktail or mixed drink is less than the gross profit determined and
posted by the commission for its class for the previous 12 consecutive fiscal
months as recorded in the monthly SA620 gross profit reports; and
(2) Gross profit of a specialty item is less than
the gross profit determined and posted by the commission for its class based on
the following ratio of the gross profit criteria for each product segment:
a. Popular brands – 95 per
cent;
b. Premium brands – 90 per
cent;
c. Super premium brands
– 75 per cent; and
d. Ultra premium
brands – 60 per cent;
(3) The product becomes unavailable to the
commission for any reason;
(4) The vendor or manufacturer of the product
requests that the product be de-listed; and
(5) The product fails to reach the required gross
profit during the test market period.
(b)
The commission shall remove an item from sale in state liquor stores for
any of the following reasons:
(1) Gross profit of a dessert wine, table wine,
or vermouth for the previous 12 consecutive fiscal months as recorded in the
monthly SA620 gross profit reports is less than $6,500 total, $3,250 of which
shall be obtained through state store sales; or
(2) Specialty wines no longer meet the requirements
of Liq 304.03(d)(1);
(c)
For the purposes of delisting or removal from state liquor stores, the
period for necessary gross profit of an item shall begin with the date the
product is first available for sale in commission stores.
(d)
Certified mail shall be used by the commission when notifying a vendor
or manufacturer of their product’s de-listing.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
308.03 Warning Status.
(a)
At the end of each fiscal year and calendar year, the commission shall
review the gross profit report and warn vendors and manufacturers by certified
mail of a pending de-listing when their product has not met the required gross
profit for the class, but has produced at least 85% of the minimum requirement.
(b)
The warning notice shall contain:
(1) The name of the product, the code, and the
size;
(2) The current gross profit and the required
gross profit for the product;
(3) The date by which the required gross profit
shall be met; and
(4) Indication that the product shall be de-listed
if it has not attained the required minimum gross profit for its class.
(c)
After the warning notice has been issued, the product, to remain listed,
shall thereafter produce at least the minimum gross profit for the class by the
end of 3 full fiscal months following the receipt of the notice.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
308.04 Sale of De-listed Products. Upon de-listing of a product, prices of
existing state inventory shall be reduced by the commission if necessary to
liquidate it.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
PART
Liq 309
DE-LISTING REVIEW PROCESS
Liq
309.01 Purpose. The purpose of this part is to set forth the manner by which a manufacturer or vendor shall appeal
the decision of the commission to de-list a product or to refuse listing of a
product.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
Liq
309.02 Delisting Review Procedure.
(a)
If a delisted product attains at least 85% of the gross profit requirements
of Liq 308.02, vendors and manufacturers may request
a review of a de-listing decision by submitting a letter to the commission
stating the reason(s) for the review within 15 days from the receipt of the
notice.
(b)
The commission shall respond in writing setting forth their decision with regard to the de-listing review and the reasons for
their decision within 10 days from the receipt of the letter of appeal.
(c)
Certified mail shall be used by both parties in the de-listing review
procedure.
(d)
The commission shall base their review on good cause which shall include
but not be limited to the following criteria:
(1)
The product is packaged in a unique bottle
or other container;
(2) The product is a unique or proprietary item;
(3) The price of the product fits the consumer
requirements;
(4) The product is manufactured or bottled in New
Hampshire, and therefore whenever feasible shall receive preferential treatment
pursuant to RSA 176:12;
(5) Certain extenuating circumstances outside the
control of the company such as strikes and clerical errors; or
(6) The commission’s supply of the product was shown
to be inadequate during the test period to produce the required gross profit.
(e)
If good cause is shown, the commission shall:
(1) Overturn de-listing;
(2) Grant an extension for no more than 6
consecutive fiscal months; and
(3) At the end of said extension, review the
product for de-listing purposes.
(f)
Any appeals concerning a de-listing review and responses thereto shall be
requested as provided by Liq 205.10(a), and conducted
pursuant to Liq 205.10.
Source. (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by
#6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07
New. #10274, INTERIM, eff
2-20-13, EXPIRED: 8-19-13
New. #10463, eff 11-21-13
CHAPTER
Liq 400 RULES
GOVERNING LICENSEE OPERATIONS
Statutory
Authority: 176:14
REVISION
NOTE
Document #5043, effective 1-11-91,
made extensive changes to the wording and format of Chapter Liq
400. Document #5043 supersedes all prior
filings for the sections in this chapter.
The filings prior to Document #5043 for former Liq
400 include the following documents:
#727, eff
12-18-75 #2137, eff 9-30-82
#1251, eff
9-27-78 #2594, eff 1-20-84
#1532,
eff 2-13-80 #2742,
eff 6-14-84
#1582, eff
5-25-80 #2931, eff 12-26-84
#1833, eff
10-13-81 #4041, eff 4-22-86
#4548, eff
12-19-88
All of Chapter Liq
400 except for the rules in former Sections Liq
402.10, 402.13, and 404.13 expired on 12-26-90.
The rules in former Sections Liq 402.10, 402.13
and 404.13 were repealed by Document #5043.
Many rules in Chapter Liq 400 filed as part of Document #5043 are amended and
renumbered version of former rules in this chapter. The sections in Chapter Liq
400 filed as part of Document #5043 are listed below with their former number
if applicable.
New Number Former Number New Number Former
Number
Liq
401.01 |
Liq
401.16 |
Liq
405.15 |
Liq
405.17 |
401.02 |
401.20 |
405.16 405.17 |
405.18 405.19 |
Liq
402.01 |
Liq
402.01 |
405.18 |
405.20 |
402.02 |
- - - |
405.19 405.20 |
405.21 405.22 |
Liq
403.01 |
Liq
403.11 |
405.21 |
405.23 |
|
|
405.22 |
405.24 |
Liq
404.01 |
Liq
404.05 |
405.23 |
405.25 |
404.02 |
404.23 |
405.24 |
405.26 |
404.03 |
- - - |
405.25 |
405.29 |
404.04 |
- - - |
405.26 |
405.30 |
New Number Former Number New Number Former
Number
|
|
405.27 |
405.31 |
Liq
405.01 |
Liq
405.01 |
405.28 |
405.32 |
405.02 |
405.02 |
405.29 |
405.33 |
405.03 |
405.03 |
405.30 |
405.34 |
405.04 |
405.04 |
405.31 |
405.35 |
405.05 |
405.05 |
405.32 |
405.36 |
405.06 |
405.06 |
405.33 |
- - - |
405.07 |
405.07 |
405.34 |
- - - |
405.08 |
405.08 |
405.35 |
- - - |
405.09 |
405.09 |
405.36 |
- - - |
405.10 |
405.10 |
405.37 |
- - - |
405.11 |
405.12 |
405.38 |
- - - |
405.12 |
405.14 |
405.39 |
- - - |
405.13 |
405.15 |
405.40 |
- - - |
405.14 |
405.16 |
405.41 |
- - - |
PART Liq 401 DEFINITIONS
Liq 401.01 Definition
of Terms. For this chapter only, the
following terms shall be construed as set forth below:
(a) "Acceptable payment" means payment
by cash, approved credit card, approved debit card, or pre-approved check.
(b) "Approved
credit" means a sale on terms pursuant to Liq
900.
(c) "Bailment"
means a system providing for delivery of vendor owned liquor and wine by the
vendor’s agent at a NHSLC owned or licensed liquor and wine warehouse for
transfer to state owned liquor stores or retail licensees.
(d) "Bailment warehouser" means the
holder of a NH liquor and wine warehouse license under contract to the NHSLC to
provide bailment services, or the NHSLC or contracted agent providing such
services at NHSLC owned warehouse facilities.
(e) "Thing of value" means, for the purposes of RSA 179:28, a thing
provided to a retail licensee by a beverage industry member which bears
substantial brand advertising and which is used in a product display of beverages. The term does not include any thing used in
the dispensing or refrigeration of beverages.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; rpld by #6391, eff 11-28-96; ss
by #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New.
#10643, eff 7-18-14
Liq 401.02 Bailment
Warehouser Fees.
(a) Bailment warehouser fees shall be paid by
vendors unless exempted by statute or rule.
Vendor fees for bailment warehouser services shall be specified by
contract between the NHSLC and the bailment warehouser(s).
(b) Contracted fees shall be charged to all
vendors equally by the bailment warehouser(s).
(c) The NHSLC shall charge the same fees as contracted
in (b) above at NHSLC owned warehouses except that no fee shall be charged on
liquor and wine products manufactured in NH by any vendor who:
(1) Is licensed
as a liquor manufacturer pursuant to RSA 178:6, a rectifier pursuant to RSA 178:7,
or a wine manufacturer pursuant to RSA 178:8;
(2) Maintains a
federally bonded liquor warehouse in the state; and
(3) Maintains
an inventory equal to 30 days average sales for each brand code registered with
the commission.
(d) The NHSLC shall make available to vendors the
contracted fees charged by bailment warehousers.
Source. #7258, eff 5-2-00;
ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 401.03 Vendor
Inventory.
(a) Liquor and wine vendors shall maintain at a
bailment site designated by the commission inventory equal to 30 days average
sales for each brand code registered with the commission.
(b) The NHSLC shall issue administrative notices
of violation to vendors when inventory shortages cause out of stock situations.
Source. #7258, eff 5-2-00;
ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 401.04 Inactive
Brand Codes. Vendors shall remove
all products which do not have an active NHSLC brand code from bailment within
60 days.
Source. #7258, eff 5-2-00;
ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 401.05 Damaged
Products. Vendors shall remove or
have destroyed all products that are damaged from bailment within 60 days.
Source. #7258, eff 5-2-00;
ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 401.06 Commission
Control of Bailment Product.
Products with active NHSLC brand codes shall not be removed from
bailment except to be delivered to NHSLC control or for shipment out of state
with written permission from the NHSLC, which shall be granted for stock in excess of NHSLC requirements.
Source. #7258, eff 5-2-00;
ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
PART Liq 402 PURCHASING
AND SUPPLYING
Liq
402.01 Purchase of Supplies of Liquor
or Wine from the Commission.
(a) All
licensee orders to be picked up from a licensed or commission warehouse shall
use the following procedure:
(1) Orders shall be submitted
to the commission office through the commission's internet ordering system;
(2) Orders shall be on approved
credit or shall be accompanied by acceptable payment;
(3) All orders shall be picked up
at a date and time set by the warehouse;
(4) All orders shall be picked
up:
a. By a licensed carrier who
will make the delivery to the licensee; or
b. By the retail
licensee, their employee, or other designated individual, only with
presentation of a copy of the retail license at pickup; and
(5) The licensee
shall pay
all transportation charges;
(b) For all orders to be picked up at a commission liquor store, licensees shall submit a written or a telephone order to the
store providing:
(1) The license number;
(2) The licensee
name;
(3) The brand code(s);
(4) The brand name(s);
(5) The brand size(s); and
(6) Number of cases; or number
of bottles, if available.
(c) All orders shall be picked-up at the commission liquor store by the licensee or designee at a date and time set by the store.
(d) Order approval, processing, and invoicing shall be on approved credit or orders shall be paid in
full upon pickup by acceptable payment.
(e) Orders to be picked directly from the commission liquor store shelves by a licensee shall be subject to the following
conditions:
(1) Orders shall be on approved
credit or paid at the register by an acceptable form of payment; and
(2) Licensees picking directly
from the store shelf shall pay “retail price”, which for the purposes of this
rule means:
a. For off-premises licensees, the price listed in the quarterly price list for
off-premises licensees; or
b. For on-premises licensees
the prevailing shelf price at the time of the sale.
(f) Any customer
may elect to use a special order to obtain supplies not listed with the
commission using the following procedure:
(1) A quote may be obtained by completing
and submitting a “Customer Order Inquiry” form (revised 2/2021) with the required
information to a commission liquor store or the commission office;
(2) The commission shall obtain
a quote from a licensed vendor and return the quote to the customer;
(3) The customer may
place an order for the product referenced in the quote before the expiration date of the quote;
(4) The order shall be submitted
to a store or the commission office; and
(5) All orders shall be picked
up and paid for at the store designated.
(g) Nothing in these rules shall be construed as
to prohibit on-premises and off-premises licensees or customers from purchasing, at their own risk, through permitted direct shippers.
(h) Errors in ordering, shipping, billing, or receiving shall be reported, processed and the supplies returned
within 30 days of their receipt.
(i) Errors in an order from the warehouse shall
be resolved pursuant to Liq 906.02 by contacting the
commission office.
(j) Errors in an order from a commission liquor store shall be resolved pursuant to Liq
906.02 at the store where the sale was made.
(k)
Incomplete orders and orders submitted without payment or not in
compliance with Liq 900 shall not be processed and
shall be returned stating the reasons therefore.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14;
ss by #13225, eff 6-30-21
Liq 402.02 Prohibition
on Solicitation of Gifts From Manufacturers, Liquor Vendors, Table Wine
Vendors, and Wholesale Distributors.
No retail licensee shall solicit, receive or accept any money,
merchandise, equipment, or anything else of value from any liquor or wine
manufacturer, liquor and wine vendor, liquor and wine representative or liquor
and wine sales person, except promotional materials,
samples, or services explicitly authorized by statute or rule.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (formerly Liq
402.03), EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 402.03 Licensee
Entertainment. Retail licensee
entertainment by alcohol industry members shall not be considered a violation
of RSA Title XIII, provided such entertainment is deductible as a business
entertainment expense under the Internal Revenue Code.
Source. #7779, eff 10-18-02;
ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRES: 10-22-13; ss by #10643, eff 7-18-14
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
(from Liq 402.04)
PART Liq 403 SIGN RESTRICTIONS
Liq 403.01 "Neon
sign" means, for the purposes of RSA Title XIII, a sign constructed from
tubing containing neon or other noble gas used to advertise alcoholic products.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; rpld by #6391, eff 11-28-96
New. #7779, eff-10-18-02; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 403.02 Neon
Sign Advertising. Brand advertising
of liquor or beverages by means of neon signs shall not be permitted in NH.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; rpld by #6391, eff 11-28-96
New. #7779, eff-10-18-02; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
PART Liq 404 PREMISES
Liq 404.01 Gambling. No licensee shall use, or allow to be used, the
premises for the illegal sale of lottery tickets or games of chance, gambling,
or booking of horses or sports events.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 404.02 Grocery
or Convenience Stores Combination Licenses.
(a) Licensees licensed as grocery stores under
RSA 178:18 shall have and maintain readily available to the public
representative grocery stock which includes:
(1) Bread
products;
(2) Meat products,
whether fresh or canned;
(3) Dairy
products, including milk;
(4) Cereal
products, whether hot or cold;
(5) Vegetables,
whether canned or fresh;
(6) Fruit,
whether canned or fresh; and
(7) Snack
foods.
(b) The following limitations shall apply:
(1) Hardware,
fishing tackle, so called sundry items and the like shall not be counted grocery
stock for the purposes of the minimum required wholesale inventory; and
(2) Partially
used or open containers of food shall not be counted as grocery stock for the
purposes of the minimum required wholesale inventory, with
the exception of deli meats, cheeses, and salads.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 404.03),
EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 404.03 Use of
Cocktail Lounges. The cocktail
lounge shall be maintained solely as such except when:
(a) All alcoholic beverage and liquor is secured or removed from the cocktail lounge; and
(b) No liquor is served, sold, or consumed in the
cocktail lounge.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 404.04),
EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 404.04 Curbside
Service; Retail Delivery.
(a) For the purposes of this rule "curb service"
means any delivery of beverage, wine or liquor to any location which is not
specifically authorized by rule or statute.
(b) Curb service of liquor, wine or beverage
shall be prohibited.
(c) Not withstanding the
provisions of Liq 404.05(a) and (b), all off-sale
combination and retail table wine licensees and their agents who are authorized
by statute to deliver beverage or table wine shall be able to travel from town
to town or from place to place in the same town carrying prepaid or COD orders
for delivery of any beverage or table wine they are licensed to sell provided:
(1) The order
was received at their place of business prior to the loading of the vehicle;
(2) The
licensee or employee has in their possession in the vehicle:
a. A copy of
the combination or retail table wine license; and
b. A delivery
invoice showing the quantities, type, origin and destination of the alcoholic
beverage or table wine being delivered;
(3) The
beverage or table wine is delivered to a physical building or residence; and
(4) The
beverage or table wine is invoiced and delivered only to a person meeting the
requirements of RSA 179:5.
(d) In no case shall any beverage, table wine or
liquor be transferred or delivered to a person on a street, sidewalk or other
way.
Source. (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 404.05),
EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 404.05 Authorization
For Other Areas Licensing Criteria.
(a) Holders of on-sale licenses, other than
vessel, dining car or rail car licenses, may extend service of beverage and
liquor to clearly defined areas provided:
(1) Service is
extended to rooms on the contiguous premises as defined by RSA 175:1, LIV,
patio areas which are clearly defined, swimming pools with clearly defined areas,
other clearly defined areas which the licensee may designate for alcoholic
beverage service;
(2) They have
petitioned in writing pursuant to Liq 205.10 to the
commission for approval of alcoholic beverage service to these areas; and
(3) They have
received permission pursuant to Liq 205.10 from the
commission in writing granting permission for such service.
(b) Clearly defined areas for the purpose of this
rule shall be so constructed as to place physical barriers to indicate to
patrons exactly which locations are authorized for the service of alcoholic
beverages. The physical barriers shall be ropes, shrubbery which is tall enough
to be a physical barrier so as to be construed to be a
fence, fences, railings, gazebos, tents with side walls, tents or gazebos with
a physical barrier set around them or other similarly clearly defined area.
(c) The holder of a bed and breakfast,
restaurant, full service restaurant or convention center license may extend
service of beverage and liquor to an outside cafe style area provided they meet
the following criteria:
(1) The area is
contiguous to the licensed premises and clearly defined as defined in Liq 404.05(a) and (b);
(2) The area
proposed for service of alcoholic beverages has been approved by the appropriate
agency of the town or city it is located in, or the
town or city supplies the licensee a letter indicating they have no objection
to the proposed cafe style area;
(3) They have
petitioned pursuant to Liq 205.10 in writing to the
commission for approval of alcoholic beverage service to these areas; and
(4) They have received
permission pursuant to Liq 205.10(a)(1)b. from the
commission in writing granting permission for such service.
(d) The holder of a golf course license may
extend service of liquor or beverage to the leased, rented or owned premises of
a golf facility's fairways provided a service plan is submitted and approved.
(e) "Service plan" for the purposes of Liq 404.05(c) means a written proposal, offered by a golf
facility licensee, outlining the method and manner of service of alcoholic
beverages on property owned, leased or rented by the licensee.
(f) Approval of a service plan shall be based
upon the requirements of Liq 509.01 for mobile
service bars and shall include consideration of communication from a local
community objecting or not objecting to the plan.
Source. #5289, eff 1-1-92; ss
and moved by #6391, eff 11-28-96 (from Liq 404.06); amd by #7779, eff 10-18-02; ss by #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq
404.06 Felon Exception Approvals.
(a) A licensee shall petition the commission
pursuant to Liq 205.10 if the licensee wishes to have
a convicted felon approved as a person in charge of the premises.
(b)
The petition shall include the full name including any aliases, address,
date and place of birth of the applicant to be approved.
(c)
For the purposes of Liq 404.06(a) "a
person in charge" means:
(1) Any manager;
(2) A person left in charge of a licensed premise
in the absence of the owner; or
(3) Any person who sells, serves or handles alcoholic
beverages as a part of their employment.
(d)
A licensee desiring a convicted felon to be approved by the commission
pursuant to RSA 179:23, V as a person in charge as defined by Liq 404.06(c) shall submit copies of the following
documents:
(1) A notarized copy of the felony complaint to
substantiate the conviction for which the exception is desired; and
(2) Either of the following:
a. A letter from the convicted felon's parole or
probation officer stating that:
1. At least 6 months have passed since the
person was placed on parole or probation;
2. The
person has not been convicted of any further crime during that 6 month period
other than traffic violations; and
3. The
individual is allowed by the conditions of their probation or parole to serve,
sell, or otherwise handle alcoholic beverages; or
b. In the case of a convicted felon who is not
on parole or probation, the licensee shall submit:
1. Proof from the court of jurisdiction, corrections
facility or other controlling authority that the person was not or is no longer
on parole or probation; and
2. Either of the following:
(i) A current copy of
the person's criminal history and motor vehicle record; or
(ii) An affidavit of the individual attesting that
they have not been convicted of any further crime, other than traffic
violations.
(e)
An applicant for a license who is convicted of a felony other than
abduction, arson, incest, manslaughter in the first degree, mayhem, murder,
rape, robbery, or as a result of trafficking in drugs may petition the
commission pursuant to Liq 205.10 to have a exception granted pursuant to
RSA 178:4.
(f)
The petition shall include the full name including any aliases, address,
date and place of birth of the applicant to be approved.
(g)
The following categories of persons who have been convicted of a felony,
which is not specifically excluded by Liq 404.06(e)
shall be approved pursuant to RSA 178:4 prior to or concurrently with any license
being issued:
(1) An officer or director of a corporation;
(2) A stockholder owning 5% or more of the
outstanding shares of a corporation;
(3) A partner in a partnership or a partner
owning 5% or more of a partnership with over 20 partners; and
(4) A sole proprietor.
(h)
Each individual desiring an exception approval pursuant to RSA 178:4
shall submit the following documents:
(1) A notarized copy of the felony complaint to
substantiate the conviction for which the exception is desired;
(2) A letter from the person's parole or probation
officer stating that:
a. At least 5 years passed since the person was
placed on parole or probation;
b. The person has not been convicted of any
further crime, other than traffic violations, during that 5 year period; and
c. The individual is allowed by the conditions of
their probation or parole to serve, sell, or otherwise handle alcoholic
beverages; or
(3) In the case of a convicted felon who was not
or is no longer on parole or probation the applicant shall submit:
a. Proof from the court of jurisdiction,
corrections facility or other controlling authority that the person was not or
is no longer on parole or probation;
b. A copy of the person's criminal history and
motor vehicle record; and
c. An affidavit of the individual attesting that
they were not convicted of any further crime during that 5 year period, other
than traffic violations.
(i) All petitions shall be filed as required by Liq 205.08.
Source. #5289, eff 1-1-92;
ss by #6391, eff 11-28-96, EXPIRED, 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
Liq 404.07 Safekeeping of Licenses.
(a)
"Safekeeping" means a voluntary surrendering by a licensee of
the privileges granted by the license without surrendering the license on a
permanent basis to provide for a moratorium on all administrative rule and statutory
licensing requirements of that license type during the time the license is
listed in safekeeping.
(b)
Licensees not utilizing the privileges granted by their license for
extended periods of time, such as closing for the season, closing for the remainder
of a license term or closing for more than 30 days shall submit their license
to the commission for safekeeping.
(c)
Licensees not wishing to utilize the privileges granted by their license
for specific periods of time may submit their license to the commission for
safekeeping.
(d)
A license shall be considered received for safekeeping on the date:
(1) It is actually received
at the commission offices with a letter signed by the licensee requesting that
the license be placed in safekeeping; or
(2) The license is listed "in
safekeeping" on the daily "reports of overdue accounts list" under
the licenses surrendered section.
(e)
No licensee shall utilize any of the privileges granted by their license
during the time their license is in safekeeping.
(f)
To be returned from safekeeping a licensee shall request the commission
or an investigator to return the license from safekeeping, either orally or in writing.
(g)
A licensee shall meet all statutory and administrative rule requirements
for licensure for the type of license currently held before the license shall
be returned from safekeeping.
Source. #5289, eff 1-1-92,
EXPIRED: 1-1-98
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14
PART Liq 405 PUBLIC SAMPLING OF BEVERAGE/LIQUOR/WINE
PURSUANT TO RSA 179:44
Statutory Authority: RSA 179:44
Liq
405.01 Definitions.
(a)
"Beverage/liquor/wine public sampling" for the provisions of
this part means a licensee giving to the public, free of charge, or selling for
a fee, samples of beverage/wine/liquor for tasting for promotional purposes.
(b)
"Licensee" for the provisions of this part means a holder of
an on-sale, off-sale, liquor or wine vendor, liquor or wine representative,
domestic wine manufacturer, liquor manufacturer, rectifier, nano brewery,
beverage vendor, beverage manufacturer, wholesale distributor, and brewpub
license.
Source. #6091, INTERIM, eff
9-19-95, EXPIRED 1-17-96
New. #6187, eff 2-21-96;
ss and moved by #6391, eff 11-28-96 (formerly Liq
406.01), EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14;
ss by #12081, eff 1-6-17
Liq 405.02 Beverage/Liquor/Wine Public Sampling
Notification. The commission shall
be notified prior to any beverage/liquor/wine public sampling by the licensee
providing the samples.
Source. #6091, INTERIM, eff
9-19-95, EXPIRED 1-17-96
New. #6187, eff 2-21-96;
ss and moved by #6391, eff 11-28-96 (formerly Liq
406.02), EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14;
ss by #12081, eff 1-6-17
Liq
405.03 Liquor/Wine Purchases,
Restrictions.
(a)
All liquor/wine used for public sampling shall be purchased from the
commission by the licensee providing the samples under their license.
(b)
All beverage used for public sampling on a licensed premise shall be
that which has been approved for sale in this state, pursuant to RSA 179:33, I
& II and Liq 506.09 and obtained under the provisions
of title XIII.
(c)
Unused beverage/liquor/wine shall be added to the purchasing licensee's
inventory after the tasting.
(d)
All beverage/ wine/ liquor used for public sampling which is not purchased
by the on- or off-sale licensee on whose premise the public sampling is held
shall be removed from the on or off-sale premise immediately after the public
sampling by the licensee who purchased the product.
(e)
The licensee purchasing the beverage/wine/liquor shall maintain records
for at least 60 days, available to the commission, of the quantities of
beverage/liquor/wine by brand used for public sampling.
Source. #6091, INTERIM, eff
9-19-95, EXPIRED 1-17-96
New. #6187, eff 2-21-96;
ss and moved by #6391, eff 11-28-96 (formerly Liq
406.03), EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14;
ss by #12081, eff 1-6-17
Liq 405.04 Who May Conduct Tastings/Responsibility.
(a)
On-sale and off-sale licensees other than off sale special licensees and
on sale one day licensees may conduct or host beverage/liquor/wine public sampling
on their licensed premises.
(b) Liquor/wine vendors, liquor/wine
representatives, domestic wine manufacturers, liquor manufacturers, rectifiers,
nano breweries, beverage vendors, beverage manufacturers, wholesale
distributors, and brew pubs shall conduct public sampling in conjunction with
on-sale or off-sale licensees on the on or off sale licensed premises.
(c)
Wine manufacturers, beverage manufacturers, nano breweries and brew pubs
may conduct public sampling at a farmers’ market in a clearly defined area
under the following conditions:
(1) The licensee shall inform the commission 15
business days prior to attending the farmers’ market including date, time and
location of the farmers’ market;
(2) The licensee shall provide 15 business days prior
to attending the farmers’ market written approval of the public
sampling/tasting of wine or beverage from the town or city where the farmers’
market is located;
(3) The licensee shall provide the commission 15
business days prior to attending the farmers’ market with a diagram of the proposed
public sampling/tasting area that includes a description of how the licensee
plans to delineate the clearly defined area where samples will be consumed;
(4) The clearly defined area shall be so
constructed as to place physical barriers, signage or other means of clearly delineating
the sampling/tasting area to indicate to patrons which areas are authorized for
the service and consumption of samples;
(5) The licensee shall display a copy of the wine
manufacturer, beverage manufacturer, nano brewery or brew pub license and the
age requirement poster pursuant to RSA 179:18;
(6) The farmers’ market shall meet the definition
of a farmers’ market as defined in RSA 175:1, XXXI-a; and
(7) The licensee shall file and preserve
individual sales slips and list of samples tasted and maintain a complete and
accurate account of business in such a manner that the commission upon audit
can determine the total amount of sales.
(d)
The licensee on whose premise the public sampling occurs and the
licensee conducting the sampling shall both be equally responsible for ensuring
that all requirements are met under Title XIII.
(e)
The licensee on whose premise a public sampling is being conducted and
the licensee conducting the sampling shall not allow:
(1) Any person under 21 years of age to consume
alcohol products;
(2) Any intoxicated person to consume alcohol or
remain on the premises where the tasting is being conducted; and
(3) Free servings other than as provided in Liq 405.05(a) and (b).
Source. #6091, INTERIM, eff
9-19-95, EXPIRED 1-17-96
New. #6187, eff 2-21-96;
ss and moved by #6391, eff 11-28-96 (formerly Liq
406.04), EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14;
ss by #12081, eff 1-6-17
Liq
405.05 Serving Sizes, Restrictions.
(a)
Servings at public samplings shall not exceed 1/2 ounce for any liquor
or fortified wine, 2 ounces for any table wine, and 4 ounces for any beverage.
(b)
Hours of tasting shall be during legal hours of sale for the licensed
premise, or the hours of the farmers’ market.
Source. #6091, INTERIM, eff
9-19-95, EXPIRED 1-17-96
New. #6187, eff 2-21-96;
ss and moved by #6391, eff 11-28-96 (formerly Liq 406.05),
EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14;
ss by #12081, eff 1-6-17
Liq
405.06 Advertising. All advertising for beverage/liquor/wine
public sampling shall be in conformance with state laws and commission rules.
Source.
#6091, INTERIM, eff
9-19-95, EXPIRED 1-17-96
New. #6187, eff 2-21-96;
ss and moved by #6391, eff 11-28-96 (formerly Liq
406.06), EXPIRED: 11-28-04
New. #8243, eff 12-31-04,
EXPIRED: 12-31-12
New. #10322, INTERIM, eff
4-25-13, EXPIRED: 10-22-13
New. #10643, eff 7-18-14;
ss by #12081, eff 1-6-17
CHAPTER
Liq 500 RULES
RELATING TO PARTICULAR LICENSEES
Statutory Authority: RSA 176:14, RSA 177:10, RSA 178:22, V(e), RSA
178:27-a
REVISION
NOTE
Document
#5043, effective 1-11-91, made extensive changes to the wording and format of
Chapter Liq 500.
Document #5043 supersedes all prior filings for the sections in this chapter. The filings prior to Document #5043 for
former Liq 500 include the following documents:
#727,
eff 12-18-75
#1532,
eff 2-13-80
#1833,
eff 10-13-81
#2137,
eff 9-30-82
#2742,
eff 6-14-84
#2931,
eff 12-26-84
All of the rules in
former Chapter Liq 500 expired on 12-26-90.
Many
rules in Chapter Liq 500 filed as part of Document
#5043 are amended and renumbered versions of former rules in this chapter. The sections in Chapter Liq
500 filed as part of Document #5043 are listed below with their former number
if applicable.
New
Number Former
Number New Number Former Number
Liq
501.01 |
Liq
502.01 |
Liq
504.01 |
Liq
508.07 |
501.02 |
502.02 |
|
|
501.03 |
502.03 |
Liq
505.01 |
Liq
509.01 |
501.04 |
502.04 |
505.02 |
509.02 |
501.05 |
502.05 |
505.03 |
509.03 |
501.06 |
-
- - |
505.04 |
509.04 |
501.
07 |
502.09 |
505.05 |
509.05 |
501.08 |
502.10 |
505.06 |
509.06 |
501.09 |
502.11 |
505.07 |
509.07 |
501.10 |
502.12 |
505.08 |
509.08 |
501.11 |
502.13 |
505.09 |
509.09 |
501.12 |
502.14 |
505.10 |
509.10 |
501.13 |
502.15 |
|
|
|
|
|
|
501.14 |
502.16 |
Liq
506.01 |
Liq
510.01 |
501.15 |
-
- - |
506.02 |
510.02 |
|
|
506.03 |
510.03 |
Liq
502.01 |
505.01 |
506.04 |
510.04 |
502.02 |
505.02 |
506.05 |
510.05 |
502.03 |
505.06 |
506.06 |
510.06 |
502.04 |
505.09 |
506.07 |
510.07 |
502.05 |
505.10 |
506.08 |
-
- - |
502.06 |
-
- - |
506.09 |
-
- - |
502.07 |
-
- - |
506.10 |
-
- - |
|
|
506.11 |
-
- - |
Liq
503.01 |
507.01 |
|
|
503.02 |
507.03 |
Liq
507.01 |
- - - |
503.03 |
507.04 |
507.02 |
-
- - |
503.04 |
507.08 |
507.03 |
-
- - |
503.05 |
507.13 |
507.04 |
-
- - |
503.06 |
507.16 |
507.05 |
-
- - |
503.07 |
-
- - |
507.06 |
-
- - |
|
|
507.11 |
-
- - |
PART Liq 501 CLUBS
Liq 501.01 Definitions. As used in this part, unless a different
meaning is clearly intended from the context:
(a) "Auxiliary(ies)" means an individual(s) recognized and defined in
the by-laws of a private club in possession of a current membership card who has
canteen and other club privileges, but who is not a full voting member of the
club.
(b) “Club licensee” means the holder of an
on-premises license issued under RSA 178:22, V(h).
(c)
"Member" means any person in possession of a current
membership card who has full privileges in the club, a vote in its affairs, and
the right to run for office. The term
includes affiliated Sons of the American Legion.
(d)
"Guest" means an adult person who is accompanied by a member
or auxiliary and who is registered in the club guest book.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
501.02 Roster of Members. Club licensees shall have a roster of their members
and auxiliaries with their names, addresses, and date upon which each member
joined the club, kept on the licensed premises for inspection
by the commission or its investigators at all times.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.03 Cocktail Lounge Privileges.
(a)
Clubs with auxiliaries may extend cocktail lounge privileges to auxiliaries.
(b) American Legion clubs with Sons of the
American Legion affiliates may extend membership privileges to auxiliaries.
(c)
In no case shall any non-member have cocktail lounge privileges, except
that members and auxiliaries of a club licensed under RSA 178:22, V, (h) shall
be entitled to cocktail lounge privileges at any other like national fraternal
club in this state provided the member or auxiliary has on his or her person
and displays on request a current membership card of that same national
fraternal organization.
(d)
The by-laws of the private club, which grant auxiliary membership status
to a group of individuals, shall be filed with the commission offices to
provide for formal recognition of the club's auxiliaries by the commission.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5289, eff 1-1-92; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
501.04 People to Whom Liquor May be
Served In Veterans’ and Social Clubs.
No beverages or liquor shall be sold to the general
public or to any other persons except members, guests, or auxiliaries of
a club in this state affiliated with the same national fraternal organization
and licensed under RSA 178:22,V, (h) provided that such member or auxiliary has
on his or her person, and displays on request, a current membership card of
that same national fraternal organization.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5289, eff 1-1-92; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.05 Guests and the Guest Book Requirements.
(a) The guest book shall contain the name and
address of the guest together with the name of the accompanying member, or auxiliary,
and the date of attendance. For the purposes
of this rule, "address" means the city or town and state.
(b) Each member or auxiliary may be accompanied by
up to 4 guests at any one time.
(c)
Such guests shall remain on the club premises in the company of such member,
or auxiliary, only so long as such member or auxiliary remains in the club.
(d) The guest book shall be open
for inspection by commission investigators at all times.
(e)
Guest books shall be written legibly and maintained on the premises for
at least one year.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5289, eff 1-1-92; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.06 Access Restricted. The entrance to a private club shall be
restricted by a bell or buzzer system.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
501.07 Records Available for
Inspection. Club licensees shall
have all their records available for inspection, including financial records,
and such records shall be kept in the English language.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.08 Date for Submission of Report; Forms. All club licensees shall make a sworn return
to the commission once each month on or before the 15th of the following month,
showing the income from liquor sold and expenses chargeable to that part of the
license as required on Form 233 “Financial Statement of Club Operations” (revised
09/2022).
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.09 Bingo Games.
(a)
Club licensees shall forward written notification to the commission at
least 5 business days prior to holding bingo games as defined by RSA 287-E.
(b)
No liquor or beverage shall be sold by any club licensee during and for
15 minutes following the close of bingo games on each approved date when such
affairs are open to the public.
(c)
Bingo games conducted in approved rental halls may be conducted
concurrently with the operation of the club canteen and shall be treated as
rentals under the provisions of Liq 501.13.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.10 Minutes of Meetings; Financial Statement
Retained.
(a)
Minutes of all club meetings and monthly financial statements of club
operations covering a period of 3 years prior to the current date shall be
retained on the club premises and made available to the commission, its
examiners, or investigators at all times.
(b)
Club-veterans, as defined in RSA 175:1, XXII, shall be exempt from
keeping minutes.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.11 Reserved
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14
Liq
501.12 Beverages and Liquor Served. All beverages and liquor consumed on the club
premises shall be those which are sold, or, in the case of tastings under RSA
179:44, served by the club except private groups may bring in and serve, or, if
a one-day license holder, sell their own liquor and beverage in approved rental
halls or rooms.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 501.13),
EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
501.13 Rental of Club Rooms.
(a)
Club licensees having halls or rooms on the premises available for
rentals shall have such halls or rooms licensed by the commission pursuant to
RSA 178:22, V(h)(3), prior to any rental or any supplemental license being
issued.
(b)
These rooms or halls shall have separate:
(1) Toilet facilities; and
(2) Entrances and exits from the club proper.
(c)
Club and rental areas shall be completely separated during the period of
rental.
(d) Club licensees shall notify the commission in
writing at least 5 business days before the date of any rental.
(e)
This notification shall include:
(1) The name of the individual or organization desiring
to rent the hall; and
(2) The date and time of the rental.
(f)
Club licensees shall be responsible for the maintenance of order and compliance
with state laws and town ordinances governing these assemblies.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
501.14 Advertisements.
(a)
Club licensee advertisements for club affairs to be held on their
licensed premises shall contain the statement "FOR MEMBERS AND THEIR
GUESTS ONLY" with the lettering of such statement at least as large as any
other lettering in the advertisement.
(b)
Attendance at such affairs shall be limited to members and their guests
only; and
(c)
No advertising shall invite the general public
and non-members to attend.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 501.15 Transfers of Location.
(a)
All petitions pursuant to RSA 178:25 for transfer of a club license to a
location owned or controlled by the licensee that are received in the
commission's offices at least 5 business days prior to the event and meet the requirements of RSA 178:25 and any
other statutory requirements that apply shall be granted.
(b)
Transfers shall not exceed 3 consecutive days and 6 total days for any
organization during their license year.
Source. (See Revision Note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05; ss
by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
PART Liq 502 HOTEL ON-PREMISES
LICENSEES
Liq
502.01 Service Bars. Hotel licensees may have auxiliary service
bars in any hotel areas licensed for service and sale of alcoholic beverages.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; ss and moved by #6391, eff 11-28-96 (from Liq 502.02), EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
502.02 Exception to Minimum Opening
Requirement For Hotels.
(a)
A hotel full service restaurant licensee shall be open for business at
least 5 days per week for evening meals pursuant to RSA 178:21, II(b)(2).
(b)
Licensees may request an exception to RSA 178:21, II(b)(2) that expires
at the end of the license year by filing a specific written request to the
commission.
(c)
Written requests for exceptions shall include:
(1) The name, address, and license number of the
business;
(2) The proposed schedule; and
(3) The signature of the owner or manager.
(d) The commission shall grant a request for an
exception if it determines that:
(1) The
proposed schedule shall not lead to alcohol sales regularly predominating over
food sales in a manner contrary to public health and safety;
(2) The
proposed schedule shall not conflict with any other statute or rule; and
(3) The
licensee satisfies all other requirements established by this Chapter.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (formerly Liq
502.04), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
502.03 Service and Preparation of
Food. A hotel full service
restaurant licensee or his or her employees shall prepare, cook, and serve the
food for the restaurant. In no case
shall the food concession be leased or rented out to any other person.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (formerly Liq 502.06), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
PART Liq
503 ON-PREMISES RESTAURANT LICENSEES
Liq
503.01 Account of Business.
(a)
A restaurant licensee shall preserve and maintain for 7 years a complete
and accurate account of business, including but not limited to sales slips,
register tapes, purchase orders, invoices, and inventory slips, separated in
such manner that the commission upon audit can determine the total amount of
sales of food as compared to the sales of beverage, liquor, and incidentals.
(b)
All sales shall be recorded on a cash register that separates sales of
liquor and beverage from sales of food.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 503.02),
eff 11-28-96 (formerly Liq 502.06), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 503.02 Food Certification. A certification of food, beverage, and liquor
sales made by the licensee during the previous license year shall be filed with
the commission by each licensee that is licensed pursuant to RSA 178:21,
II(a)(1) and RSA 178:22, V(q) as part of their license renewal, and the
licensee shall complete and submit the required information on Form Liq LE-1 “Renewal Application” (revised 09/2022) provided by
the commission, and include affidavits for any new officers, if applicable.
Source.
(See Revision note at chapter heading
for Liq 500) #5043, eff
1-11-91; ss and moved by #6391, eff 11-28-96 (from Liq
503.03), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
503.03 Exemption to Opening
Requirement For Full Service Restaurants Licensed for Full Liquor Sales.
(a)
A full service restaurant licensee shall be open for business at least 5
days per week for evening meals pursuant to RSA 178:21, II(a)(2).
(b)
Licensees may request an exemption to RSA 178:21, II(a)(2) that expires
at the end of the license year by filing a specific written request to the
commission.
(c)
Written requests for exemptions shall include:
(1) The name, address and license number of the
business;
(2) The proposed schedule; and
(3) The signature of the owner or manager.
(d)
The commission shall grant a request for an
exemption if it determines that:
(2) The
proposed schedule shall not conflict with any other statute or rule; and
(3) The licensee
satisfies all other requirements established by this Chapter.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 503.04),
EXPIRED: 11-28-04
New. #8450, eff 10-21-05; ss
by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
503.04 Service and Preparation of
Food.
(a)
A restaurant licensee or his or her employees shall prepare, cook, and
serve the food for the restaurant.
(b) In no case shall the food concession be leased
or rented out to any other person.
(c)
Service of food in a full service restaurant licensed for full liquor
sales shall consist of serving the food to the table on plates or appropriate
dinnerware and accompanied by appropriate tableware.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; ss and moved by #6391, eff 11-28-96 (formerly Liq 503.07), EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
PART
Liq 504
RESERVED
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; rpld by #6391, eff 11-28-96
PART Liq 505 ONE-DAY
LICENSES ISSUED PURSUANT TO RSA 178:22, V(l).
Liq 505.01 Definitions. As used in this part, unless a different meaning
is clearly intended from the text, a "one-day licensee" means a
holder of a one-day license for voluntary non-profit organizations in order to sell beverages, specialty beverages, and liquor
on premises approved by the commission.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff
1-11-91; ss by #6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
505.02 Conflict of Rules. One-day licensees shall comply with the provisions
of Liq 505 when it conflicts with another rule.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
505.03 Hours of Service. Hours of service shall be noted on the
license and no beverage or liquor shall be sold or consumed except during those
hours.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff
1-11-91; ss and moved by #6391, eff 11-28-96 (from Liq
505.05), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
505.04 Records to be Maintained.
(a)
One-day licensees shall maintain records for one year showing the amount
of money derived from the sale of beverage or liquor or both, the expense
incurred in making such sales and the distribution of profits realized from
said sales.
(b)
Said records shall be made available for audit on request by the
commission, its examiners, or investigators at all times
subsequent to the issuance of a license.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91;
ss and moved by #6391, eff 11-28-96 (formerly Liq
505.08), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
505.05 Surrender of License.
(a)
If a liquor investigator suspends the one-day license for sales contrary
to public safety, the one-day licensee shall:
(1) Surrender its license on demand; and
(2)
Immediately cease all sales of beverage
and liquor.
(b)
Sales contrary to public safety shall include multiple violations of RSA
179:5 and violations of RSA 179:50 or RSA
179:51.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (formerly Liq 505.09),
EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
PART Liq 506 WHOLESALE
DISTRIBUTORS, BEVERAGE MANUFACTURERS, BEVERAGE VENDORS, BREW PUBS AND NANO BREWERIES.
Liq
506.01 Rebates and Discounts.
(a)
No wholesale distributor licensee shall give or grant any rebate or
discount except such as are given or granted by them to all retail licensees
for similar purchases, as reflected in prices and discount schedules posted
with the commission.
(b)
All rebates or discounts shall be shown on invoices, sales slips,
delivery slips, and office records.
(c) Discounts not posted with the commission and
false credits for defective beverage shall be considered violations of this
section.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
506.02 Sale, Delivery, or Return of
Product by Wholesale Distributors.
(a)
Wholesale distributor licensees shall sell or deliver beverage in
original or equivalent containers or cases as prepared for the market by the manufacturer.
(b) Any returned product from the market to the
wholesale distributor shall be in original or equivalent containers or cases.
(c) Damaged product returned to the wholesale
distributor shall only be product from the market damaged by the wholesale distributor’s employees.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 506.03), EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 506.03 Equipment, Furniture, Fixtures and Property.
(a)
Beverage vendor, beverage manufacturer, brew pub, and
wholesale distributor licensees may:
(1) Lend, install, or service or cause to be
installed or serviced, equipment commonly known as taps, rods, and hose
connections from the barrel to the back tin, where the faucets and taps are
mounted, or permanent dispensing system; and
(2) Lend or give such washers, clamps, bungs, or
special equipment that are necessary to cause such tapping equipment to
function properly and also furnish knobs designating
brands of beer dispensed in outlets.
(b)
In no case shall installations be made or services given to any other non-proprietary
part of the dispensing system such as coils, faucets, compressors, gas, air
gauges, cooling equipment, or other parts of such equipment necessary for
proper function of the complete dispensing system.
(c)
Off-sale licensees may loan pumps and tapping equipment for use at
picnics and outings for non-licensees or one-day license holders.
(d)
No on-sale or off-sale licensee shall knowingly hire or employ as a
contractor, any person who holds a license issued under RSA Title XIII, except
as allowed by RSA 179:11, III.
(e)
A beverage vendor, beverage manufacturer, or wholesale distributor licensee
shall instruct a licensee in the proper method of using or cleaning of
equipment.
(f) This section shall not apply to nano breweries.
Source. (See Revision note at
chapter heading for Liq 500) #5043, eff 1-11-91; ss and moved by #6391, eff 11-28-96 (from Liq 506.04), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
506.04 Sale on Credit. No wholesale distributor licensee shall sell beverage
on credit except to those persons holding New Hampshire retail or wholesaler
licenses and then in accordance with RSA 179:13.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; ss and moved by #6391,
eff 11-28-96 (from Liq 506.05), EXPIRED: 11-28-04
New. #8450, eff 10-21-05; ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
Liq
506.05 Deposits, Rebates.
(a)
Any deposits on beverage containers, and conditions for redemption,
shall be included on wholesale distributor's price postings for said beverages.
(b)
Rebates for returned containers shall:
(1) Be clearly shown on invoices; and
(2) Not exceed the deposits charged for said
containers.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 506.06), EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 506.06 Keg Registration.
(a) In-state licensees selling draught beer kegs
to the public shall maintain a keg registration declaration and receipt book (“Keg
registration book”), which contains a series of numbered documents.
(b)
Any in-state licensee selling draught beer kegs to the public shall
affix a numbered sticker from the keg registration
book to each keg sold which shall contain:
(1) The trade name and license number of the
seller;
(2) The name of the clerk making the sale;
(3) The name, address, and date of birth of the
purchaser;
(4) The type of identification card used to
verify the data required by (3) above;
(5) The identification number of the sticker;
(6) A statement of the purchaser's legal
responsibilities; and
(7) The dated signature of the purchaser.
(c)
Licensees shall not affix any keg registration sticker until it is completely filled out.
(d)
Licensees shall keep a copy of the keg registration sticker for at least
one year from date of purchase.
(e)
The commission keg registration stickers shall be available for inspection
by commission investigators or examiners.
(f)
Licensees shall obtain the keg registration book only from the commission.
(g) Licensees shall either:
(1) Provide the keg to the purchaser at the time the
commission keg registration sticker is signed and affixed to the keg; or
(2) Deliver the keg only to the person who signed
the keg registration sticker, and obtain a signed and dated delivery receipt
which shall be retained with the licensee copy of the keg registration sticker.
(h)
An in-state licensee accepting any return of a keg from the public which
does not have a keg registration sticker affixed shall:
(1) Obtain the name, address, and date of birth of
the person returning the keg;
(2) Note the type of identification card used to
verify the data required by (1) above;
(3) Note the information on the identification card;
and
(4) Report this information to the division of
liquor enforcement within 5 business days.
(i) Licensees who violate the provisions of these
rules shall be subject to the penalties provided under Liq
603.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 506.07);
ss by #7423, eff 2-1-01; ss by #8450, eff 10-21-05; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq 506.07 Wholesale Distributor Transfer and Receipt
From Other Than Beverage Vendor.
(a)
Wholesale distributor licensees shall not accept alcoholic beverages from
a wholesaler licensed out of state other than a beverage vendor licensee without
an accompanying invoice from the beverage vendor detailing all particulars of
the transaction, including the date of transfer, the shipping party, the
quantity shipped, and the sender's invoice number and its date.
(b)
Wholesale distributor licensees shall not transfer alcoholic beverages to
a wholesaler licensed out of state other than a beverage vendor without an accompanying
invoice from the beverage vendor detailing all particulars of the transaction,
including the date of transfer, the quantity transferred, the party transferred
to, and the wholesale distributor's invoice number of the transfer.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff
1-11-91; ss and moved by #6391, eff 11-28-96 (from Liq
506.08), EXPIRED: 11-28-04
New. #8450, eff 10-21-05; ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
Liq
506.08 Licensing. Each beverage vendor licensed in New Hampshire
shall be the manufacturer of the beverage to be sold within the state, except
when a manufacturer designates another person to be exclusively licensed to
vend their beverages within the state of New Hampshire.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 506.09),
EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
506.09 Product Approvals for all Licensees
and Notifications for Certain In-state Licenses.
(a)
The following licensees shall seek approval under the standards below:
(1) Beverage vendor, brew pub, nano brewer, and
beverage manufacturer licensees shall provide the commission with the required
information, including any fees, on the following forms to receive approval for
the brand of beverage, label content, and package size prior to shipping into
or selling any beverage within the state:
a. Form A-100 “Product Approval
- Beverage Vendor” (revised 09/2022);
b. Form A-101 “Product
Approval - Beverage Manufacturer” (revised 09/2022);
c. Form A-102 “Product Approval – Brew Pub” (revised
09/2022);
d. Form A-103 “Product Approval - Nano Brewery” (revised
09/2022);
e. Form A-104 “Product Approval - Variety Pack” (revised
09/2022); and
f. Form A-105 “Temporary Registration of Beer
and Specialty Beverage for Festival” (revised 09/2022);
(2) The commission shall approve the label and
packaging unless:
a. Statements on the
label or packaging are false or misleading;
b. Any written
statements on the label or packaging are illegible;
c. The packaging or labeling contains subliminal or similarly deceptive
advertising techniques;
d. The packaging or labeling features a depiction of athletes that is
deceptive and misleading in that it implies that consuming alcohol is conducive
to athletic skill or physical prowess, or that consuming alcohol does not
hinder the athlete’s performance;
e. The packaging or labeling features illustrations, subject matter, or
other attributes that are consistent with products marketed toward children and
youths;
f. The packaging or
labeling features a depiction of consumption of an alcoholic beverage while seated in, about to enter, operating, or about to operate an
automobile or other machinery;
g. An aspect of the packaging or labeling
normalizes or encourages excessive drinking;
h. The packaging or labeling does not indicate in
manner that is sufficiently clear that the product contains alcohol; or
i. The packaging or labeling used might result
in confusion regarding whether the product is an alcoholic beverage;
(b) The commission shall not be responsible for
copyright or trademark infringement;
(c)
The commission shall make a decision within 60
days of receipt of a complete application and provide the decision to the
licensee. The commission shall extend
the time period for the decision upon written
agreement of the applicant.
(d) The following licensees shall provide notifications
for in-state licensees for products to be available for sale prior to approval
by the commission as follows:
(1) Beverage manufacturers,
brew pubs, and nano-breweries shall provide the information required by forms in Liq 506.09 (a)(1) b.-d. prior to selling any beer, beverage, specialty beverage or specialty
beer at their premises:
a. Form A-101 “Product Approval
- Beverage Manufacturer”;
b. Form A-102 “Product Approval
– Brew Pub; and
c. Form A-103 “Product Approval
– Nano Brewery”;
(2) In-state licensees may
select the new product notification field on the forms in Liq
506.09(a). They shall only make the
product available for sale upon new product notification, when a new product
is:
a. Authorized under their license type; and
b. Brewed on-site for
on-premises and off-premises sales in pre-approved generic containers and
labels;
(3) The following in-state licensees
shall not select the new product notification field on forms in Liq 506.09 (a)(1) b.-d. under the following conditions:
a. The notification field shall
not be selected by beverage manufacturers for cider, mead, or fermented beverages or similar fermented products over 6%, specialty beers over
12% or specialty beverages over 6%;
b. The notification field shall not be selected by brew pubs for any cider over 6% or a
specialty beer over 12%; and
c. The notification field shall not be selected by nano breweries for any specialty beer
over 12%; and
(4) Beverage manufacturers,
brew pubs, and nano-breweries shall not submit any additional product approval
requests for the same product for at least 30-days.
(e) Should any licensee be found to have violated
any section of statute or Liq 509 pertaining to
product approvals with regard to product that has not
received final approval, after notice and an opportunity for hearing, the
licensee shall immediately remove all such product from the trade at their expense,
and be subject to administrative penalties.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss
and moved by #6391, eff 11-28-96 (from Liq 506.10), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq 506.10 Forms; Filing Deadlines.
(a)
All licensed suppliers of beverages shall report to the commission all
shipments of beverages sold to, transferred to, and returned for credit within
the state, by the 10th of the month covering sales for the preceding month.
(b) All licensed suppliers of beverages shall complete and submit the information required on
Forms: 258 “Monthly Report of Sales of
Beverages to Wholesalers within the State of New Hampshire” (revised 98/2022),
259 “Monthly Report of Sales of Specialty Beverages to Wholesalers within the
State of New Hampshire” (revised 09/2022), 334 “Monthly Record of Returns of
Beverages by N.H. Wholesalers to Beverage Vendors, Beverage Manufacturers, and
Brew pubs” (revised 09/2022), and 335 “Monthly Record of Returns of Specialty
Beverages by N.H. Wholesalers to Beverage Vendors and Beverage Manufacturers” (revised
09/2022).
(c)
Wholesale distributor licensees shall report to the commission all
shipments of beverage sold or transferred at retail or wholesale or returned to
beverage vendors or other suppliers by the 10th of the month covering sales for
the preceding month.
(d)
Each wholesale distributor licensee shall complete and submit the
required information on Form 246 “Wholesale Monthly Return” (revised 09/2022)
supported with detailed information on Forms: 248 “Schedule A” (revised 09/2022);
249 “Schedule B” (revised 09/2022); 250 “Schedule C” (revised 09/2022); 251 “Schedule
D” (revised 09/2022); 252 “Schedule E” (revised 09/2022); 253 “Schedule F” (revised
09/2022); 254 “Schedule G” (revised 09/2022); 255 “Schedule H” (revised 09/2022);
and 256 “Schedule I” (revised 09/2022).
(e)
Beverage manufacturer licensees in-state shall report to the commission
all beverages sold or furnished, by the 10th of the month covering sales or
other distribution for the preceding month pursuant to RSA 178:26.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; ss and moved by #6391,
eff 11-28-96 (from Liq 506.11), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
506.11 RESERVED
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5180, eff 7-22-91; ss and moved by #6391,
eff 11-28-96 (from Liq 506.12), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14
Liq
506.12 Bill and Hold Procedures;
Prohibition of Prepaid Orders.
(a)
For the purposes of Liq 506.12, "bill and
hold" means a contract between any retail licensee and a wholesale
distributor licensee for sale of beverage, in more than one delivery, based
upon the current price on file with the commission, pursuant to RSA 179:33, III
at the time of initial delivery, and a certain minimum quantity of beverage
ordered, paid for, and completely delivered within 10 calendar days of the
first delivery date.
(b) Pursuant to RSA 179:33, II, all original bill
and hold invoices shall:
(1) Be dated with the date of first delivery of
the product to the licensee;
(2) Be noted with the phrase "delivery for
bill and hold" and the invoice number;
(3) State the terms of the contract which shall
at least include:
a. The last date of delivery allowed for the
product to be received;
b. The last date that payment shall be received
at the wholesale distributor's place of business; and
c. A statement that, if the provisions are not
met exactly, the invoice shall be voided by the wholesale distributor and
replaced by separate invoices for each delivery of beverage, priced at the cost
for that quantity of beverage, as filed with the commission pursuant to RSA
179:33, III on that delivery date; and
(4) Be legibly receipted with the amount of
payment, the date of the payment, and who received payment on behalf of the
wholesale distributor.
(c)
All bill and hold contracts shall be between the wholesale distributor licensee
and the retail licensee, and settlement of any dispute shall be the sole
responsibility of the contracting parties.
(d)
Any bill and hold merchandise not delivered on the initial delivery
shall remain the property of the wholesale distributor licensee and be stored
on his or her licensed premises.
(e) No pre-paid bill and hold orders for beverage
shall be permitted except a retailer may place funds on account with a
wholesale distributor licensee, which may be applied to invoices once the beverage
is delivered, but shall not be encumbered by undelivered orders.
(f) If a wholesale distributor licensee fails to
complete the terms of the bill and hold contract, they shall invoice the retail
licensee for the amount of beverage actually received
at the bill and hold price.
(g)
If a retail licensee refuses to complete the terms of the bill and hold contract,
the wholesale distributor shall invoice the retailer for the
amount of beverage actually received at the standard or base price in
effect and filed with the commission pursuant to RSA 179:33, III, at the time
of the original bill and hold order.
(h)
Disputed bills, reported to the commission as delinquent pursuant to RSA
179:13, shall be handled as provided by RSA 179:13, III.
Source. #5289, eff 1-1-92;
ss and moved by #6391, eff 11-28-96 (from Liq
506.13), EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
506.13 Ownership and Pricing of
Beverage Product; Prepaid Orders.
(a)
For the purposes of RSA Title XIII and commission administrative rules,
ownership of beverage product shall transfer from:
(1) The wholesale distributor licensee to the
retail licensee upon delivery by the wholesale distributor and acceptance by
the retailer in person, or upon pick up of beverage at the wholesale
distributor's place of business by the retailer; and
(2) The beverage vendor or beverage vendor importer
to the wholesale distributor on the date of delivery at the wholesale
distributor's premises, or upon pick up of beverage at a beverage vendor's,
beverage vendor importer's or wholesale distributor's place of business by the
wholesale distributor.
(b)
Pursuant to RSA 179:33, III, prices charged for beverage products shall
be those posted with the commission effective the date of transfer of ownership
of the beverage product, except for those invoices of beverage product issued pursuant
to the provisions of Liq 506.16.
(c)
All prices and terms, including bill and hold shall be:
(1) Registered with the commission pursuant to
RSA 179:33; and
(2) Made available to all retailers on an equal basis.
(d)
No other prices and terms shall be offered to retailers than those filed
with the commission pursuant to RSA 179:33.
(e)
No pre-paid orders for beverage shall be permitted. A retailer may place
funds on account with a wholesale distributor, which may be applied to invoices
once the beverage is delivered, but shall not be encumbered by undelivered
orders.
Source. #5289, eff 1-1-92;
ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22
Liq
506.14 RESERVED
Source. #6391, eff 11-28-96,
EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14
Liq 506.15 Tenant
Brewer and Host Brewer.
(a) A
tenant brewer shall obtain a federal brewer’s notice for each host site from
the Alcohol and Tobacco Tax and Trade Bureau (“TTB”).
(b) A
tenant brewer shall file with the commission:
(1) A copy of their TTB brewer’s notice for each host site;
(2) All TTB reports or forms by the 10th of the following month; and
(3) A copy of their contract with the host brewer.
(c) A tenant brewer shall maintain records and
logs of all beer or specialty beer produced at a host site which shall include
date, time, equipment, employees, and quantity.
(d) A
tenant brewer shall file a copy of the log with the commission by the 10th of
the following month.
(e) A
tenant brewer shall be authorized to manufacture beer or specialty beer on the
premises of the host brewery.
(f) A
tenant brewer shall obtain product approval with the commission prior to
producing the beer or specialty beer at a host site.
(g) All
beer or specialty beer produced at a host site shall be transferred from the
host site within 60 days of bottling or
kegging.
(h) A
host brewer shall maintain a valid TTB brewer’s notice and a beverage
manufacturer license with the commission.
(i) The host brewer shall adhere to TTB
regulations regarding tenant/host brewing and shall make all documents
available to the commission.
(j) The
tenant and host brewers shall notify the commission when the contract is terminated.
(k) A
licensee under RSA 178:18, RSA 178:20, RSA 178:21, and RSA 178:22, shall not be
granted a tenant brewer license.
(l) A
holder of a wholesaler license in any state, shall not be granted a tenant
brewers license.
Source. #13461, eff 10-13-22
Liq 506.16 Tax
Filings Required for Beverage Manufacturers, Beverage Manufacturers Retail Outlets,
Beverage Vendors, Nano Breweries, Liquor Manufacturer, Rectifiers, Wine
Manufacturers, Wine Manufacturers Retail Outlets, and Beer Festivals.
(a)
The following monthly tax forms containing the required information shall
be received in the commission’s offices on or before the 10th of the following
month, regardless of activity:
(1) Form A-200 “Beverage Manufacturer” (revised 09/2022);
(2) Form A-201 “Brew Pub” (revised 09/2022);
(3) Form A-202 “Nano Brewery” (revised 09/2022);
(4) Form A-203 “Liquor Manufacturer” (revised 09/2022);
(5) Form A-204 “Rectifier” (revised 09/2022);
(6) Form A-205 “Wine Manufacturer” (revised 09/2022);
(7) Form A-206 “Wine Manufacturer Retail Outlet” revised
09/2022);
(8) Form A-207 “Beverage Vendor Self Distribution”
(revised 09/2022); and
(9) Form A-208 “Beverage Manufacturer Retail Outlet”
(revised 09/2022).
(b)
Postmark shall not constitute receipt by the commission.
(c)
Beer festival licensees shall file Form A-209 “Beer and Specialty
Beverage Festival - Additional Fees” (revised 09/2022) within 10 days after the
event.
Source. #13461, eff 10-13-22
Liq 506.17 Beverage
Manufacturers, Brew Pubs, Nano Breweries, Liquor Manufacturers, Rectifiers,
Tenant Brewers, and Wine Manufacturers TTB Production Reports.
(a)
Beverage manufacturers, brew pubs, nano breweries, liquor manufacturers,
rectifiers, tenant brewers, and wine manufacturers shall file with the
commission copies of the following required TTB product reports within 10 days
of the TTB filing:
(1) Beverage manufacturers, beverage vendors,
brew pubs, nano breweries, and tenant brewers shall file the brewer’s report of
operation;
(2) Liquor manufacturers shall file copies of the
following TTB reports:
a. Report of processing operations;
b. Monthly report of storage operations; and
c. Monthly report of production operations.
(3) Rectifiers shall file copies of the following
TTB reports:
a. Report of processing operations;
b. Report of storage operations; and
c. Report of production operations; and
(4) Wine manufacturers shall file the report of wine
premises operations.
Source. #13461, eff 10-13-22
Liq 506.18 Beverage
Manufacturers, Beverage Manufacturer Retail Outlets, Beverage Vendors, Brew Pubs,
Nano Breweries, Liquor Manufacturers, Rectifiers, Wine Manufacturers, Wine Manufacturer
Retail Outlets and Wholesale Distributors Tax Report; Proper Record Keeping.
(a)
Beverage manufacturers, beverage manufacturer retail outlets, beverage
vendor, brew pubs, nano breweries, liquor manufacturers, rectifier, wine
manufacturers, wine manufacturer retail outlets and wholesaler distributors
shall maintain a complete and accurate account of business, separated in such a
manner that the commission upon audit shall be able to determine the amount of
taxes due to the commission.
(b)
The frequency of manufacturer and wholesaler audits shall be determined
on the amount of taxes paid to the commission, production amounts, and amount of sales. The
higher the amount is, the more frequently an audit shall be conducted.
(c)
Beverage manufacturers shall maintain and preserve the following business
records for 2 years:
(1) Sales slips for hospitality room, retail room,
and farmer’s markets;
(2) Cash register tapes for hospitality room, retail
room, and farmer’s markets;
(3) Sales and return invoices for wholesale
distributors, if applicable;
(4) Sales and return invoices for retail licensees,
if applicable;
(5) Payment information from retail licensees, if
applicable;
(6) Form L-081 “Wholesale Limited Credit Report” (revised 09/2022) if applicable; and
(7) Numbered face pages of the completed keg registration
book stickers.
(d) Beverage vendors shall maintain and preserve
the following business records:
(1) Sales and return invoices for retail
licensees;
(2) Payment information from retail licensees;
(3) Notifications to the commission of delivery
to retail licensees; and
(4) Licensed carrier information.
(e)
Brew pubs shall maintain and preserve the following business records:
(1) Brew logs and brew sheets;
(2) Sales slips for food, beer, wine, liquor, and
farmer’s markets;
(3) Cash register tapes for food, beer, wine, liquor,
and farmer’s markets;
(4) Sales and return invoices for wholesale
distributors, if applicable;
(5) Sales and return invoices for retail
licensees, if applicable;
(6) Sales and return invoices for wholesale sales
outside of New Hampshire; if applicable;
(7) Payment information from retail licensees, if
applicable;
(8) Form L-081 “Wholesale Limited Credit Report” (revised
09/2022), if applicable; and
(9) Numbered face pages of the completed keg registration
book stickers.
(f)
Nano breweries shall
maintain and preserve the following business records:
(1) Sales slips for tasting room, retail room,
and farmer’s markets;
(2) Cash register tapes for tasting room, retail
room, and farmer’s markets;
(3) Sales and return invoices for wholesale distributors,
if applicable;
(4) Sales and return invoices for retail licensees,
if applicable;
(5) Payment information from retail licensees, if
applicable;
(6) Form L-081 “Wholesale Limited Credit Report” (revised
09/2022), if applicable; and
(7) Numbered face pages of the completed keg registration
book stickers.
(g) Liquor manufacturers shall maintain
and preserve the following business records:
(1) Sales slips for tasting room and retail
rooms;
(2) Cash register tapes for tasting room and
retail room; and
(3) Records for samples used off-premises.
(h) Rectifiers shall maintain and preserve the following
business records:
(1) Sales slips for tasting room;
(2) Cash register tapes for tasting; and
(3) Records for samples used off-premises.
(i) Wine manufacturers shall maintain and preserve
the following business records:
(1) Sales slips for tasting room, retail room,
and farmer’s markets;
(2) Cash register tapes for tasting room, retail
room, and farmer’s markets; and
(3) Sales and return invoices for retail
licensees, if applicable.
(j)
Wine manufacturers retail outlets shall maintain and preserve the
following business records:
(1) Sales slips for tasting room and retail room;
(2) Cash register tapes for tasting room and
retail room; and
(3) All inventory records showing the transfer of
wine from the wine manufacturer’s premises to the wine manufacturer retail
outlet.
(k)
Wholesale distributors shall maintain and preserve the following
business records:
(1) All invoices and bills of lading from
beverage vendors, beverage manufacturers, brew pubs, and nano breweries;
(2) Sales and return invoices for retail
licensees;
(3) Payment information and collection sheets
from retail licensees; and
(4) Form L-081 “Wholesale Limited Credit Report” (revised
09/2022).
Source. #13461, eff 10-13-22
Liq 506.19 Beverage Manufacturer,
Brew Pub, Nano Brewery, and Wholesale Distributors; Limited Credit.
(a)
Wholesale distributors, beverage manufacturers, brew pubs, and nano breweries
who sell to licensees shall file with the commission on every business day Form
L-081 “Wholesale Limited Credit Report” showing any licensee that is delinquent
in making payments and any reported delinquent licensee who has made payment.
(b)
Wholesale distributor, beverage manufacturers, brew pubs, and nano breweries
shall notify in writing any licensee who is delinquent in making payments.
(c)
Wholesale distributor, beverage manufacturers, brew pubs, and nano breweries
shall preserve all payment information from licensees and make the information
available to the commission at the time of an audit.
Source. #13461, eff 10-13-22
Liq 506.20 Specialty
Beverages.
(a) Beverage manufacturers and Beverage vendors
shall complete and submit to the commission the required information on Forms
259 “Monthly Report of Sales of
Specialty Beverages to Wholesalers within the State of New Hampshire” (revised 09/2022)
and 335 “Monthly Record of Returns of
Specialty Beverages by N.H. Wholesalers to Beverage Vendors and Beverage Manufacturers”
(revised
09/2022) showing sales and returns of specialty beverage
to a wholesale distributor by the 10th of the following month regardless of
activity.
(b) Wholesale distributors,
beverage manufacturers, and beverage vendors shall invoice specialty beverages
on a separate invoice and not include any other beverages.
Source. #13461, eff 10-13-22
Liq 506.21 Nano Breweries
and Wine Manufacturers Sampler.
(a) Nano breweries shall complete and submit Form
LTA-1M “License Type Application - Manufacturers” (revised 1/20) with the commission prior to conducting sampling at a wine
manufacturer’s premises, and certify to the following:
“By initialing this statement, I certify that I will retain, maintain,
and keep readily available all supporting
documentation as required per this license application. If requested, I agree to provide such
documentation to any member of the NHLC.”
(b) Wine manufacturers shall complete and submit Form
LTA-1M
with the commission prior to conducting
sampling at a nano brewery’s premises.
(c) Nano breweries and wine manufacturers shall
provide written notification to the commission, which may be by email, prior to
conducting any sampling event with the date, time, and location.
(d) Nano breweries and wine manufacturers shall
record all samples and sales on their monthly tax reports.
Source. #13461, eff 10-13-22
Liq 506.22 Ingredients
in Alcohol.
(a) All alcoholic products manufactured or
imported into New Hampshire shall follow the federal guidelines issued by the
TTB on the use of formulas or labels for alcohol products that contain a
controlled substance.
(b) No alcoholic product shall contain any
controlled substance under the Controlled Substance Act (CSA), 21 U.S.C. Chapter
13.
(c) No alcoholic product’s label shall refer to any
illegal substance under the Controlled Substance Act (CSA), 21 U.S.C. Chapter
13.
Source. #13461, eff 10-13-22
PART Liq 507 CATERER'S ON-
AND OFF-SITE LICENSES
Liq
507.01 Definitions. For purposes of this part, the following
terms shall be construed as set forth below:
(a)
"Private group" means an assembly of persons gathered for a
designated social or business occasion, present by reservation or invitation,
and does not include the general public; and
(b)
"Public building" means any building, excluding all private
residences, maintained and available for any person, group, or organization,
including:
(1) Retail business establishments when not open
to the public;
(2) A licensed premises with a physical barrier
between the licensed business and the catered area; and
(3) Tents, gazebos, or other defined outdoor
areas with 2 separate toilet facilities located within the immediate vicinity.
Source. (See Revision
note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
Liq
507.02 Notification.
(a)
On- and off-site caterer licensees shall complete and submit to the
commission providing the required information on Form L-073 “Off Site Caterer -
Approved Permanent Site” (revised 09/2022) in writing at least 5 business days
before the date of any scheduled event at which alcoholic beverages shall be
served on premises currently licensed for this purpose.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-9696, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
Liq
507.03 Application For Additional
Sites.
(a)
At least 10 business days prior to a function, off-site caterer licensees
shall apply for approval of any permanent or temporary site not previously
approved for the service of alcoholic beverages.
(b) The licensee shall complete and submit forms
L-038 “Off-Site Caterer – Site Approval” (revised 09/2022) and L-069 “Off-Site
Caterers Property Owners Form” (revised 09/2022) and shall submit a copy of the
contractual agreement with the client, permit of assembly, and written
authorization from the town.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
Liq
507.04 Restrictions on Serving.
(a)
Caterer or off-site caterer licensees shall serve alcoholic beverages only
to private groups.
(b)
Notwithstanding the provisions of paragraph (a), the holders of a
caterer's supplemental license issued pursuant to RSA 178:22, V(e)(1)(B) may
serve the public provided that:
(1) They have petitioned the commission pursuant
to Liq 205.10(a)(1) for permission to utilize a
supplemental license date at least 5 days prior to the scheduled event giving
the date, times of the event, and nature of any entertainment to be conducted
on the premises;
(2) At such times as they are serving liquor or
beverage to the public, they shall serve food; and
(3) They shall not simultaneously serve both the
public groups and private groups unless they have separate toilet facilities,
entrances, exits, and a physical separation shall be affected between the
public and the private group portion of the premises during the period of the
supplemental license.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#5289, eff 1-1-92; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
Liq
507.05 Renewal Application. A caterer licensed pursuant to RSA 178:22,
V(e)(1), shall complete and submit to the commission the required information
on Form LE-1 “Renewal Application” (revised 09/2022).
Source.
(See Revision note at chapter heading
for Liq 500) #5043, eff
1-11-91; ss by #5180, eff 7-22-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
Liq
507.06 Account of Business.
(a)
The holder of an on-site caterer's license shall retain his or her
individual sales slips and maintain for 2 years a complete and accurate account
of business, separated in such manner that the commission upon audit shall be
able to determine the total amount of sales of food as compared to the sales of
beverage, liquor, and incidentals.
(b)
Such license holder shall retain for 2 years purchase orders, sales
slips, and register tapes. The cash register shall be of a type capable of
registering sales of liquor and beverage separately from those of food.
Source. (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED:
11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
PART Liq 508 AGENCY
STORES
Liq
508.01 Purpose. The purpose of this part is to set forth the process
for the selection of agents and operational requirements for agency liquor
stores as provided for in RSA 177:9-16 in municipalities where there is no
state store and where the voters of the municipality in which the agency liquor
store will be located have voted to allow the sale of liquor in state stores under
RSA 175:7.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.02 Definitions.
(a)
"Agency store" means a liquor outlet not owned or operated by
the commission but licensed by the commission for the purpose of selling
packaged liquor to the general public for off-premises
consumption and operated in conjunction with another business.
(b) "Agent" means the individual,
partnership, association, corporation, or limited liability company licensed as
an agency store.
(c)
"Business plan of operation" means a full detailed plan for
the operation of the agency store for the term of the license, including but
not limited to the hours of operation, staffing, inventory, merchandise to be
carried, markup or pricing policy, a plan of the liquor sales and display area,
and advertising or merchandising plans.
(d) “Municipality” means city or town.
(e)
“Operational financial stability” means the financial capability to
allocate funds efficiently and absorb financial shocks as they arise, thus preventing
disruption to the state’s control of liquor.
(f)
“Special seasonal agency store” means an agency store licensed for only
6 months.
(g) “Surrounding relevant market” means the geographic
area that is reasonably intended to be served by the agency liquor store.
Source. #5261, eff 10-30-91;
10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.03 General Conditions.
(a)
The agent shall be responsible for:
(1) Providing a building or sales space;
(2) Paying all utilities and rent;
(3) Supplying all fixtures; and
(4) Paying any and all
expenses incidental to the operation of the agency store.
(b) The commission shall determine the municipalities
in which agency stores may legally be established, with consideration to the
following:
(1) Effect on the economy;
(2) Availability of liquor; and
(3) Customers within the surrounding relevant
market.
(c)
The commission shall only establish
agency stores:
(1) In a municipality which has voted in favor of
the operation of state liquor stores under RSA 175:7;
(2) Has no state liquor store; and
(3) The proposed location is not within 10 road miles
of an existing commission liquor store or agency store.
(d)
No agency store license shall be automatically renewed pursuant to Liq 508.18(a). 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 license pursuant to this Chapter.
(e)
In the case of non-renewal of an agency store license, the commission
shall have no obligation, financial or otherwise, to the agent.
(f)
In the case that the commission shall decide not to renew an agency
store license, either to award said license to another agent or to discontinue
agency operations in the municipality, the commission shall notify the agency store
operator at least 30 days prior to his or her license expiration.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.04 Special Seasonal Agency Stores.
(a) The commission shall choose municipalities in
which to issue 6-month special seasonal agency store license based on seasonal
tourist population and the sales volume at existing state and agency liquor
stores in the same areas.
(b)
The commission shall apply the same selection criteria and method of
advertising for and selecting seasonal agency stores as for regular agency
stores.
(c)
The commission shall not buy back any stock remaining at the end of the
seasonal license period.
(d)
Seasonal license applicants shall include plans for off season storage
of liquor in their proposed business plan of operation.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.05 Agency Store
Discounts/Compensation.
(a)
All agency stores shall receive a purchase discount allowance of 8% from
commission retail prices. The discount allowance from the commission retail
prices shall equally apply to all agency stores.
(b)
No other compensation shall accrue.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.06 Status of Agents and Employees.
(a)
Agents and their employees shall not:
(1) Be considered commission employees; or
(2) Be entitled to any benefits of employment from
the state of New Hampshire.
(b)
The agent shall hold harmless and indemnify the state of New Hampshire for
any actions brought against the agent as a result of
negligent or intentional conduct.
(c)
All agency store personnel shall meet the requirements of RSA 179:23.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.07 Days and Hours of Operation.
(a)
Agency stores shall be considered
off-premises licensees for the purposes of maximum operating hours.
(b)
Agency stores and seasonal agency stores shall be open to the public as
specified in their business plan of operation, but not less than 40 hours per
week.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq 508.08 Temporary Closures.
(a)
Any agency store that plans to be closed or not operate during the scheduled
hours in their accepted business plan of operation shall send written notice to
the commission at least 7 business days in advance of the closing or change in
scheduled hours of operation.
(b)
The notice shall state the reason for the closure or change of hours of
the agency store, the date of closing or schedule change, and the date of the
intended reopening.
(c)
In an emergency, written notice including a full explanation shall be
filed as soon as possible.
(d)
Failure to notify the commission shall result in administrative action
by the commission whereby the commission shall consider suspension or revocation
of the agency store license.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.09 Advertising and Promotion. Agency stores shall be subject to the same
restrictions on advertising and promotion that apply to off-premises combination
licenses and retail wine licenses found in RSA 179.
Source. #5261, eff 10-30-91,
10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647, eff
7-24-14; ss by #13461, eff 10-13-22
Liq
508.10 Sales Restrictions. The retail off-premises provisions of RSA 179
shall apply to agency stores.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New.
#6666, eff
1-1-98; ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.11 Prices.
(a)
The agent shall adhere to its business plan of operation including the
approved pricing policy.
(b)
The pricing policy shall only be modified with the written permission of
the commission if the modification does not negatively affect the profit of the
commission.
(c)
All spirits sold by the agency store shall be priced the same as or
higher than as sold in state liquor stores.
(d)
The agent may use a depletion or special purchase allowance that is
being offered at a state liquor store.
(e)
There shall be no ceiling limitation as to pricing by the agency store.
(f)
Agency stores may discount de-listed products at the same levels as in
state liquor stores.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14 ; ss by #13461, eff 10-13-22
Liq
508.12 Inventory.
(a)
The agency store may carry in its inventory any size and code which is
listed in the general commission price list.
(b)
Agency stores shall carry an inventory as detailed in the business plan
of operation accepted by the commission.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.13 Purchasing of Liquor.
(a)
Merchandise shall be purchased directly from the commission in a manner
agreed to prior to licensing.
(b)
No returns other than wrong or defective merchandise shall be allowed.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq 508.14 Store Operations. The agent or his or her designee shall manage
and operate the store according to the terms of the business plan of operation
accepted by the commission.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.15 Storage Facilities; Premises. The agent shall, at the agent's expense,
provide premises that contain sufficient selling area and protective storage
space for the store operation as detailed in the agent's business plan of
operation accepted by the commission.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647, eff
7-24-14; ss by #13461, eff 10-13-22
Liq
508.16 Agent Selection Procedure.
(a)
When the commission determines a surrounding relevant market meets the
requirements of RSA 177:11 it shall seek applications from the public in the
following manner:
(1) The commission shall advertise the
availability of an agency store license in a particular municipality and the boundaries
of the surrounding relevant market within which such agency store shall be
located on the commission website, and in a newspaper in the county where the
agency store is to be located;
(2) The commission shall notify by certified mail
the governing body of the particular municipality where
the agency store is to be established;
(3) The commission shall notify by certified mail
the governing body of any municipality in the surrounding relevant market that
the agency store is intended to serve; and
(4) The commission shall request of the governing
bodies identified in (2) and (3) that notice be posted at the town hall or
other appropriate locations.
(b)
The advertisement and notice shall include:
(1) General selection criteria and procedures for
selection and appointing a retail sales agent as required by RSA 177, Liq 508.16, and Liq 508.17;
(2) Deadline for receiving applications; and
(3) How to obtain additional information.
(c) The commission, once in receipt of all applications
for an agent, shall notify the governing body of the particular
municipality and the governing bodies of all municipalities within the
surrounding relevant market of the proposed location of each applicant.
(d) Processing of the proposed applications shall
be suspended for 30 days, to allow municipalities and interested individuals to
submit written comments to the commission on the proposed location of a new
agency store.
(e) The commission shall hold a public hearing
consistent with RSA 177:11, IV(d) and RSA 541-A when:
(1) The commission receives a written request for
such hearing from the governing body of the particular
municipality or the governing body of any municipality located in the
surrounding relevant market provided:
a. The request was made within 14 days of the
original public notice requesting applications for an agency store license; and
b. The commission shall hold the public hearing
within 45 days of the close of the public comment period in the municipality in which the agency store may be located.
(f) The commission shall evaluate all applications
and select the applicant which, in its judgment:
(1) Provides the greatest revenue to the state,
and
(2) Provides the best service to the public,
considering the following factors:
a. Price;
b. Selection;
c. Hours of operation;
d. Location; and
e. Sales area and layout.
(g)
The commission shall select an agency store using the selection criteria
and requirements of RSA 177:11, RSA 177:16, Liq
508.16, and Liq 508.17.
(h)
The commission shall provide written notice to all applicants, the
governing body of the particular municipality and the
governing body of municipalities in the surrounding relevant market of the
selected applicant or applicants.
(i) Any applicant aggrieved by a decision made by
the commission may appeal the decision in accordance with RSA 541-A and Liq 200.
Source.
#5261, eff
10-30-91, EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.17 Agent Selection Criteria.
(a) An agent applicant shall:
(1) Submit a business plan of operation detailing
how the proposed agency store would operate during the term of the license; and
(2) Submit documentation demonstrating that the
applicant meets the requirements of RSA 177:16.
(b)
The agency store shall be operated as an adjunct to a business that holds
a combination license under RSA 178:18.
(c)
The adjunct business shall have operational financial stability based
solely on non-alcohol sales.
(d)
Other agent applicant selection criteria shall include:
(1) Retail business experience at the current location;
(2) Retail experience at other locations;
(3) Whether the agent applicant, or his or her
designated manager, has:
a. A record of felony conviction;
b. Conviction of crime relating to money management
fraud;
c. A history of conviction of crimes relating to
the abuse of alcohol or controlled substances;
d. A history of violations of the provisions of
RSA 179 at the proposed location or at other licensed locations; or
e. Proof that the applicant, if convicted of a
felony, meets the requirements of RSA 178:4 for exception;
(4) Financial ability to purchase or lease and
equip the agency store at a commission approved location; and
(5) Ability to provide the necessary funds to
meet the operating expenses of the agency store.
(e)
All agency store applicants selected by the commission shall apply for an
agency store license as required by Liq 700.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.18 Annual Agency Store License
Renewal Review.
(a)
The commission shall not automatically renew agency store licenses.
(b)
Agency store operators shall file with the commission revised business
plans of operation if there are any changes to the existing plans on file. Such changes shall be filed 2 months prior to
license expiration or application for license renewal, whichever is greater.
(c)
The commission shall not renew agency store licensees who do not adhere
to their accepted business plan of operations and any commission approved
changes to it.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.19 Sales Agent Vacancy. The commission shall discontinue or seek
sales agent applications for an agency store location that has a sales agent
vacancy.
Source.
#5261, eff
10-30-91, 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
Liq
508.20 Prohibitions. No sales agent, partner of a sales agent or
officer or director of a sales agent shall be employed by a business that is licensed
as a vendor, manufacturer, broker, importer, warehouser, representative, or
distributor of liquor or beverages.
Source. #5261, eff 10-30-91,
EXPIRED 10-30-97
New. #6666, eff 1-1-98;
ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647,
eff 7-24-14; ss by #13461, eff 10-13-22
PART Liq 509 GOLF
FACILITY
Liq
509.01 Beverage Sales From Mobile
Service Carts on Golf Fairways.
(a)
Golf facility licensees may apply to provide service of beverage to patrons
on the fairways from mobile service carts provided a service plan as defined in
Liq 404.05 (e) has been submitted.
(b)
A "mobile service cart" for the purposes of this part means any
golf cart or other similar vehicle, staffed by a person meeting the
requirements of RSA 179:23, IV and outfitted for storage, cooling or
refrigeration, sale and service of beverage in cans or bottles.
(c) No golf facility licensee shall sell or
otherwise provide alcoholic beverage or liquor to patrons on any portion of the
golf course without prior approval by the commission.
(d)
Licensees holding a golf facility license may petition the commission by
completing and submitting Form L-076 “Authorization for Other Areas” (revised 09/2022),
along with any additional required documentation, to be approved for beverage
sales and service from one or more mobile service carts on the golf course.
(e) 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.
(f)
The commission shall only grant permission to golf facility licensees
for mobile service carts under the following conditions:
(1) All individuals selling, serving, or
dispensing beverage from mobile service carts shall meet the requirements of
RSA 179:23, IV;
(2) All beverage and liquor possessed and consumed
on the premises shall be that sold by the licensee;
(3) A sufficient number of employees shall be deployed to
adequately control and insure adherence to all statutes and rules for the
serving, sale, and consumption of beverage on the golf course;
(4) No service or consumption of any alcoholic
beverage shall be allowed in parking lots, except in areas approved for service
of liquor and beverage pursuant to RSA 178:24 and Liq
404.05; and
(5) No licensee or their employees shall allow
patrons to leave the premises with liquor or beverage.
(g)
The commission shall only suspend or revoke a licensee’s mobile service cart
privilege in addition to any other administrative
penalty imposed by the commission for a violation of statute or rule which
stems from service or sale of beverage from mobile service carts on the
fairways without suspending or revoking the golf club’s liquor license.
Source. #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #8450, eff 10-21-05;
ss by #10647, eff 7-24-14; ss by #13461, eff
10-13-22
PART
Liq 510
ALCOHOL CONSULTANT
Liq
510.01 Definitions. “Residence” means a structure serving as a
dwelling or home, in which a person(s) lives or resides but does not include
any locations licensed by the commission.
Source. #10742, eff 12-10-14; ss by #13461,
eff 10-13-22
Liq 510.02 Notifications.
“I declare that I
am the owner of the above described property and that I am at least twenty-one
years of age. Furthermore, I grant
permission for the applicant to hold an alcohol educational event on my property. I have received and reviewed a copy of RSA
178:5 and understand that allowing a minor or intoxicated person to
possess/consume alcoholic beverages is a criminal offense punishable by a fine
of up to $2,000 and one year in jail”.
(b) Alcohol consultants shall file with the commission
in writing within 10 days following the scheduled event the information
required by Form L-074a “Educational Event Report“ (revised 09/2022);
(c) Alcohol consultants shall maintain records for
at least 3 years and these records shall be available for inspection
at all times.
Source. #10742, eff 12-10-14; ss by #13461,
eff 10-13-22
Liq
510.03 Liquor/Wine and Beverages
Purchases, Restrictions.
(a)
All liquor or wine used for an alcohol educational event shall be
purchased under the alcohol consultant license from the commission or from a
licensed in-state manufacturer.
(b)
All beer or beverage used for an alcohol educational event shall be
purchased under the alcohol consultant license from a licensed New Hampshire
wholesale distributor.
(c)
Any beer, liquor, or wine not available in New Hampshire may be obtained
from a direct shipper who holds a valid direct shipper permit.
(d)
Unused beverage, liquor, and wine shall be removed from the private residence
at the end of the event.
Source. #10742, eff 12-10-14; ss by #13461,
eff 10-13-22
Liq 510.04 Age Verification.
(a)
Alcohol consultant licensees shall verify that all individuals attending
an educational event are 21 years of age or over.
(b) Attendees shall provide one of the acceptable
forms of identifications listed in RSA 179:8 to show that such person is 21
years of age or over.
Source. #10742, eff 12-10-14; ss by #13461,
eff 10-13-22
Liq
510.05 Sale Restrictions.
(a)
No alcohol consultant licensee shall provide alcoholic beverages for
sale during an educational event.
(b)
Alcohol consultants may solicit orders for the sale of alcoholic beverages
tasted during an educational event.
Source. #10742, eff 12-10-14; ss by #13461,
eff 10-13-22
Liq 510.06 Serving Sizes, Restrictions.
(a)
Servings at an educational event shall not exceed ½ ounce of liquor or
fortified wine, 2 ounces of any table wine, and 4 ounces of any beer for each
brand sampled.
(b)
Alcohol consultant licensees may provide for samples up to 6 – 750ml
bottles of wine or liquor or 12 – 22 ounce bottles of beer or equivalent at
each educational event.
(c)
Alcohol consultants shall pour and serve all samples to the attendees of
the educational event.
(d)
Hours of such educational events shall be during the hours of 6:00 a.m.
to 1:00 a.m. 7 days a week.
(e)
No beer, liquor, or wine shall be consumed after these hours;
(f)
No alcohol consultant shall sell alcoholic beverages during an
educational event.
(g)
No liquor, wine, or beer shall be served during an educational event
except for the liquor, wine, or beer served by the alcohol consultant.
Source. #10742, eff 12-10-14; ss by #13461,
eff 10-13-22
Liq 510.07 Advertising. No advertising for an educational event at a
private residence shall be permitted. Such events shall be by private
invitation only.
Source. #10742, eff 12-10-14; ss by #13461,
eff 10-13-22
PART Liq 511 CIGAR BARS
Liq
511.01 Account of Business.
(a) A cigar bar licensee shall file and preserve
his or her individual sales slips, cash register tapes, and maintain a complete
and accurate account of business, separated in such manner that the commission
upon audit shall be able to determine the total amount of cigar sales and cigar
related items compared to the sales of beverage, liquor and other non-cigar
related items;
(b)
The licensee shall maintain purchase
invoices;
(c)
All sales shall be recorded on a cash register, which separates sales of
liquor and beverage from sales of cigars; and
(d) The cigar bar shall make available records to
the commission at the time of an audit.
Source. #13461,
eff 10-13-22
Liq 511.02 Sale of Food. A cigar bar licensee shall not sell food on
the premises.
Source.
#13461, eff 10-13-22
Liq 511.03 Cigar and Cigar Related Items.
(a)
For the purposes of this part, “cigar” means a tobacco product wrapped
in a tobacco leaf.
(b)
Cigar related items shall include but not be limited to lighters,
cutters, ashtrays, and humidors.
(c)
The sale of hookahs, pipe tobacco, or cigarettes, shall not be included
in the sale of cigars per Liq 706.36 (h).
Source.
#13461, eff 10-13-22
Liq 511.04 Cigar Bars Certification of Cigar and
Alcohol Sales.
(a) A cigar bar licensee shall file with the
commission the information required by the Form A-008 “Cigar Bar - Quarterly Report” (revised 09/2022), covering cigars, cigar related items, and
beverages and liquor sales made by the licensee during the previous quarter by
the 15th of the following month;
(b) Each calendar year shall be
divided as follows:
(1) First quarter from January through March;
(2) Second quarter from April through June;
(3) Third quarter from July through September; and
(4) Fourth quarter from October through December.
Source.
#13461, eff 10-13-22
CHAPTER Liq 600 ENFORCEMENT
POLICY
PART Liq 601 PURPOSE AND
EFFECT
Liq
601.01 Purpose. The purpose of these rules is to set forth
the requirement of RSA 179:56, III, Enforcement Policy.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 601.02 Effects of These Rules. Nothing contained herein shall be construed
to release a natural or other person from complying with statutory law.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES:
1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED:
6-29-06
New. #8670-B, eff 7-1-06, EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq
601.03 Definition of Terms. The following terms shall be construed as set
forth below:
(a)
"Administrative action" means the final disposition of any
violation which results in a verbal warning, letter of warning, administrative fine,
a suspension, or revocation;
(b)
"Administrative fine" means any dollar amount exceeding $100
but not over $5,000, which is assessed by the commission for any violation of
statute or administrative rule;
(c)
“Administrative notice of agency action” means written notice by the
commission or commission employee of any violation of RSA Title XIII,
administrative rule, or RSA 126-K which is reported to the commission for
administrative action;
(d) "Aggravating factor"
means any condition or quality listed in Liq 206.02
(c) which, when observed, applied, or discovered in association with the actions
or inactions of a licensee, would make the resulting administrative actions
more severe;
(e) "Aggravated violation" means
any violation of statute or commission order which endangers the public or
results in injury, death, or property damage of at least $1000.
(f)
"Chief of enforcement" means the Director of the Division of
Enforcement and Licensing;
(g)
"Commission" means the New Hampshire Liquor Commission;
(h) "Commission order" means
an instruction or decision, in writing, from the commission or commission employee;
(i) "Compliance check" means an attempt
by an underage individual, under the supervision of an investigator or other
police officer, to purchase alcohol or tobacco products in violation of
statute.
(j)
"Enforcement policy" means the standards, procedures, actions
and penalties taken or imposed by the commission with respect to any
classification of statute or administrative rule identified in Liq 601.04 or Liq 601.05;
(k)
“Good behavior” means compliance with all commission orders and administrative
fine payment deadlines issued under Liq 206.03;
(l)
“Intoxicated individual” means an individual whose mental or physical faculties
are impaired as a result of drug or alcohol use as to
diminish that person’s ability to think and act in a manner in which an
ordinary, prudent, and cautious person, in full possession of his faculties and
using reasonable care, would act under like circumstances;
(m)
"Investigator" means any liquor enforcement officer who is
authorized under RSA 176:9 and 179:59 to enforce statutes and administrative
rules;
(n)
"Letter of warning" means any
written communication from the commission which identifies any violation of
statute or administrative rule and which does not impose an administrative fine
or a suspension;
(o)
"License" means any form of permission to sell
alcoholic beverages or tobacco issued by the commission or a tobacco license
issued by the Department of Revenue Administration;
(p) "License year" means
the period of time from which a license has been issued
until it has expired or been renewed;
(q)
"Licensee" means any natural or other
person to whom a license has been granted;
(r)
"Licensee record" means any written or
electronic document, maintained by the commission, which lists any administrative
action which has been taken against a licensee;
(s)
"Mitigating factor" means any condition
or quality listed in Liq 206.02(d) which would moderate
in force or intensity any pending administrative action against a licensee, and
which was reported in a violation;
(t)
"Notice and record of verbal instruction" means any verbal instruction
of compliance issued by an investigator to a licensee, which is reported to the
commission in writing, and which does not result in a letter of warning, fine,
revocation, or a suspension issued by the commission;
(u)
"Point" means a numerical value assigned to a violation, used
to determine a license's overall record for renewal of license.
(v)
"Preponderance" means superiority in weight, quantity, power, importance,
or the like;
(w)
"Revocation" means to void, annul by recalling,
withdraw, or rescind any license issued by the commission;
(x)
“Security” means a certificate from an insurance or surety company
providing liquor liability coverage on behalf of a licensee or a deposit by a
licensee of money or securities with the commission to be used to satisfy
judgment for liquor liability;
(y)
"Suspension" means that the license allowing sale of alcoholic
beverages or tobacco, as applicable, is to be discontinued until such time
as the license is re-granted; and
(z)
"Working days" means Monday through Friday and does not
include Saturdays, Sundays, or state or federal holidays.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq
601.04 Statutory Violations Subject
to Administrative Action. Administrative
action shall be imposed on licensees for violation of statutes contained in RSA
175-180 or RSA 126-K.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96;
ss by #6669, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq
601.05 Administrative Rules Subject
to Administrative Action.
Administrative action shall be imposed on licensees for violation of any
administrative rule only by citing both the rule and the underlying statute,
and imposing the penalty in Liq 603 or Liq 605 for the statute violated.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #5289, eff
1-1-92; ss by #5641, eff 6-22-93; ss by #6391, eff 11-28-96; ss by #6669, eff
1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
PART Liq 602 OPERATIONAL
PROCEDURES
Liq
602.01 Investigative Procedure
(a)
Upon detecting a violation under Liq 601.04 or
Liq 601.05, an investigator shall issue an administrative
notice of agency action specifying the violation and penalty.
(b)
Upon detecting conditions which could cause or otherwise lead to violations,
the investigator shall discuss the problem and corrective action with the
person in charge at the licensed business; and issue a notice and record of
agency instruction.
(c)
The investigator shall, within 5 calendar days, file the division copy
of the notice of agency action or notice and record of verbal instruction at
the office of division of enforcement and licensing, and either:
(1) A short narrative detailing the conditions
and circumstances for which the notice and record of agency instruction was
issued; or
(2) A full report of violation.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by
#6669, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq
602.02 Administrative Notice.
(a) Any licensee who is
charged with committing a violation shall be issued an administrative notice on
or subsequent to the date of the violation.
(b) The administrative notice shall
contain the following:
(1) Licensee's name, trade name, and address;
(2) What violation has been committed, by
description;
(3) What violation has been committed by statute
or rule number;
(4) Date of the violation;
(5) Time of the violation;
(6) Commission license number;
(7) The penalty for the violation or notice of a
required hearing;
(8) Corrective action required; and
(9) Notice of administrative hearing rights as
authorized under RSA 179:56.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 602.03 Pre-Hearing
Requirements. - MOVED
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note
at chapter heading for Liq 200)
Liq 602.04 Hearings.
- MOVED
Source. #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180,
eff 7-22-91 (See Revision Note at chapter heading for Liq
200)
Liq 602.05 Witnesses.
- MOVED
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss and moved by #5180, eff
7-22-91 (See Revision Note at chapter heading for Liq
200)
Liq 602.06 Evidence.
- MOVED
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note
at chapter heading for Liq 200)
Liq 602.07 Discovery.
- MOVED
Source.
#4645, eff
7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See
Revision Note at chapter heading for Liq 200)
Liq 602.08 Licensee
Record. - MOVED
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note
at chapter heading for Liq 200)
Liq 602.09 Commission
Consideration. - MOVED
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note
at chapter heading for Liq 200)
PART Liq 603
ADMINISTRATIVE PENALTIES FOR LIQUOR VIOLATIONS
Liq 603.01 Standard Penalties.
(a) The commission shall impose the following
base penalties for violations of statutes that are subject to administrative
action:
(1) For violations of RSA 175 by licensees, a
fine of $250,
(2) For all violations of RSA 178 except those
under RSA 178:3, a fine of $100 and a commission order detailing specific
licensee action required to correct the violation;
(3) For violations of RSA 179:5-a, 179:11, 179:13,
179:14, 179:17, 179:23 through 179:35, 179:40 through 179:44, and 179:47 through
179:54, a fine of $250;
(4) For violations of RSA 179:18, 179:19, 179:20,
and 179:55, a fine of $100;
(5) For violations of RSA 180, a fine of $250 and
2 license points;
(6) For violations of RSA179:5 resulting from
compliance checks, a fine of $500 and 4 license points, except that the license
points resulting from compliance checks shall be imposed only once annually;
and
(7) For violations of RSA179:5 not resulting
from compliance checks, a hearing before the commission, at which time the
commission shall either:
a. If the licensee has no history of violations,
impose a fine of $500, 4 license points, and a 3-day license suspension; or
b. Determine a penalty under the provisions of Liq 603.04.
(b)
For violations of RSA 178:3, RSA 179:60, and all aggravated violations,
the licensee shall be ordered to a hearing.
(c)
For any violation, a licensee may request a
hearing before the commission, in which case the penalty provisions of Liq 603.04 shall apply.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96;
ss by #6669, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 603.02 Penalties After Commission Hearings. After hearing all evidence regarding a
violation and considering all aggravating and mitigating factors presented, the
commission shall:
(a) Determine, based on the preponderance of
evidence presented at hearing, whether the violation alleged in the report of
violation occurred; and:
(1) If the violation was not proven, order the
licensee record cleared of the allegation and all records of the charge removed
from the licensee file; or
(2) If the violation was proven:
a. Consider the aggravating and mitigating factors
presented;
b. Consider the licensee’s record of past
violations;
c. Consider the danger posed to public health
and safety by the violation; and
d. Consider any adverse impact of the licensee's
business as operated on the community; and
(b)
Impose an appropriate penalty considering all circumstances, subject to the
limitations of RSA179:57, I.
Source. #4645, eff 7-6-89; ss
by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES:
1-1-06; ss
by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq
603.03 Special Penalty Exceptions.
(a) For any violation of RSA 179:19, VII or Liq 404.01, which includes the use of a gambling machine as
defined in RSA 647:2, illegal lotteries or the booking of horses, sports, or
other similar events, the commission shall impose the following penalties:
(1) For the first offense, license suspension for
30 consecutive days or a fine not to exceed $1,500 and a license suspension of
not more than 30 consecutive days;
(2) For the second offense, license suspension
for 60 consecutive days or a fine not to exceed $2,500 and a license suspension
of not more than 60 consecutive days; and
(3) For the third offense, license revocation.
(b) For any aggravated violation as defined in Liq 601.03 the commission shall impose the following penalties:
(1) For the first offense, license suspension for
10 consecutive days and an administrative fine which shall not exceed $2,500;
(2) For the second offense, license suspension for
30 to 60 consecutive days or an administrative fine which shall not exceed $5,000
and a suspension of not less than 10 nor more than 60 consecutive days; and
(3) For the third offense, license revocation.
(c) The penalties provided for in Liq 603.04 (a) and (b) shall be in lieu of any other
penalty provided for in Liq 603.02.
(d)
On the second violation of RSA 179:5 within a 24 month period, excluding
any violations resulting from compliance checks, the commission shall:
(1) Consider the complete record of all
violations at the licensed location which occurred after July 7, 2002;
(2) Consider the record of the license holder and
the management team at all current or previous licensed locations after July 7,
2002;
(3) Consider the circumstances of the violations
of RSA 179:5; and
(4) Determine if the licensee shall be required
to provide security under the requirements of RSA 178:5.
(e) If security for liability is required, the
commission shall immediately suspend the license until such time as security is
provided.
(f)
Security shall consist of insurance meeting the requirements of RSA
178:5, I (a), except:
(1) If the licensee cannot obtain insurance, a
bond in the amount of $300,000 to cover liquor liability claims shall be
accepted; or
(2) If the licensee provides proof that the
licensee cannot obtain either insurance or a bond, the commission shall accept
$300,000 in cash or marketable securities to be held by the state treasurer in
an escrow account with any interest going into the general fund.
(g) The requirement for security of liquor liability
shall be in effect:
(1) So long as the license holder maintains
control of the license; or
(2) Until the commission determines the requirement
is no longer necessary, but in no case less than a calendar year.
(h) Cash or marketable securities held by the
state treasurer in escrow shall be returned only after the statute of limitations
for claims against the required security deposit has expired.
(i) The security required in Liq
603.04 (d) shall be in addition to any penalties imposed under Liq 603.01 and Liq 603.02.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #5180, eff 7-22-91; amd
by #5289, eff 1-1-92; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES:
1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
(formerly Liq 603.04)
Liq
603.04 Revocations; Payment of Fines.
(a) Revocation shall be a permanent loss of a liquor
license, except:
(1) A licensee shall be eligible to apply for a
new license 365 calendar days after revocation;
(2) The commission shall hold a public hearing on
any such application to determine if the applicant meets the requirements of
RSA178:3; and
(3) If a new license is granted, the record of
the revoked license shall be attached to the new license.
(b)
No license shall be issued to or renewed for an applicant who has not
paid an outstanding administrative fine issued by the commission.
Source. #4645, eff 7-6-89;
ss by #5043, eff 1-11-91; ss by #5180, eff 7-22-91; amd
by #5289, eff 1-1-92; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
(formerly Liq 603.05)
Liq 603.05 Penalties For Violating Commission Orders.
(a)
Except as provided by Liq 604.01 the
commission shall impose a $2,000 fine, 30-day suspension, or both, depending on
the nature and severity of the offense, and any aggravating or mitigating factors,
on any licensee who fails to comply with the requirements of a commission
order.
(b)
Except as provided by Liq 604.01 a subsequent
offense within a 3 year period shall result in a revocation of the license.
Source. #4645, eff 7-6-89; ss
by #5043, eff 1-11-91; ss by #5180, eff 7-22-91; amd by
#5289, eff 1-1-92; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES:
1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
(formerly Liq 603.06)
PART Liq 604 PAYMENT OF
FINES; PROCEDURES FOR NON-PAYMENT OF FINES FOR LIQUOR VIOLATIONS
Liq
604.01 Notice; Delivery; and
Procedures For Non-Payment of Fines.
(a)
All administrative fines imposed by the commission shall be paid within
5 days of receipt of the fine order letter, days to be computed pursuant to Liq 205.07.
(b)
A fine order letter shall be:
(1) Delivered to the licensee or the licensee’s
attorney by certified mail return receipt requested;
(2) Hand delivered by a commission employee to
any owner, partner, member, officer, attorney, director, or employee of the
licensed entity; or
(3) Transmitted electronically.
(c)
Proof of the date of receipt of the fine order
letter by the licensee or the licensee’s attorney shall be:
(1) The dated return receipt from the certified
mail delivery by the United State Postal Service;
(2) A receipted copy of the fine order letter to
any owner, partner, member, officer, attorney, director, or employee of the
licensed entity;
(3) The affidavit of the employee making in-hand
service attesting to that in-hand service; or
(4) Confirmation of receipt of electronic mail.
(d) The commission shall
schedule a hearing pursuant to Liq 205.11 if a fine
is not received as required by (a) above.
(e) Notice shall be served pursuant to Liq 205.11(c).
(f) Any party to whom notice
has been served pursuant to Liq 205.11(c), who fails
to appear and fails to advise the commission of non-appearance
at least 3 days in advance of the hearing date shall have a decision rendered
against them;
(g) Payment of the pending fine for which the hearing
is scheduled after the time prescribed by (a) above shall not result in cancellation
of the hearing, except by mutual agreement of the commission and the licensee.
(h) Notwithstanding the provisions of
Liq 206.03 the commission shall, after hearing, impose
an immediate suspension of the license for non-payment of fine, based upon a
violation of its order, the provisions of RSA 178:3 VII, and RSA 179:57.
(i) The license shall remain
under suspension until payment of the fine, or until the license is surrendered
or expires.
Source. #6391, eff 11-28-96;
ss by #6669, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06, EXPIRED: 7-1-14
New. #12209, eff 6-14-17
PART Liq 605 ADMINISTRATIVE
PENALTIES AND FINE PROVISIONS FOR TOBACCO VIOLATIONS
Liq
605.01 Commission Compliance. The commission shall issue and maintain a
list of all statutes and administrative rules for the
sales of tobacco which are subject to administrative action by the commission.
Source. #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 605.02 First
Offense. For any first recorded violation
of RSA 126-K, the commission shall apply Liq 206.01
and Liq 206.02, and issue a letter of warning detailing
necessary corrective actions, an administrative fine, or both. The administrative fine shall range from $100
to $250, depending on aggravating or mitigating factors.
Source. #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 605.03 Second
Offense. For any second recorded
violation of RSA 126-K in a 3-year period, the commission shall apply Liq 206.01 and Liq 206.02 and
issue a letter of warning detailing necessary corrective actions, an administrative
fine, or both. The administrative fine shall
range from $250 to $500, depending on aggravating or mitigating factors.
Source. #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED:
6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq
605.04 Third Offense. For any third recorded violation of RSA 126-K
in a 3-year period, the commission shall, apply Liq
206.01 and Liq 206.02 and:
(a) Issue a letter of warning detailing necessary
corrective actions;
(b) Impose an administrative fine of not less
than $500 and not more than $1,500; and
(c)
Suspend the licensee’s license for not fewer than 10 days and not more
than 30 days.
Source. #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 605.05 Fourth
Offense. For any fourth recorded
violation of RSA 126-K in a 3-year period, the commission shall apply Liq 206.01 and Liq 206.02 and:
(a) Issue a letter of warning detailing necessary
corrective actions;
(b) Impose an administrative fine of not less
than $750 and not more than $3,000; and
(c) Suspend the licensee’s license for not fewer
than 10 days and not more than 40 days. The commission shall notify the commissioner
of revenue administration prior to the effective date of any suspension.
Source. #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05,
EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 605.06 Fifth
Offense.
(a) For any fifth recorded violation of RSA 126-K
in a 3-year period, the commission shall order the commissioner of revenue administration
to revoke the license.
(b) The period of revocation shall be for one
year from the date of revocation.
Source. #6669, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff
12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
Liq 605.07 Notice;
Delivery; and Procedures For Non-Payment of Tobacco Fines.
(a) All administrative fines imposed by the
commission shall be paid within 5 days of receipt of the fine order letter, days
to be computed pursuant to Liq 205.07.
(b) A fine order letter shall be:
(1) Delivered to the licensee or the licensee’s
attorney by certified mail return receipt requested;
(2) Hand delivered by a commission employee to
any owner, partner, member, officer, attorney, director, or employee of the
licensed entity; or
(3) Transmitted electronically.
(c) Proof of the date of receipt of the fine
order letter by the licensee or the licensee’s attorney shall be:
(1) The dated return receipt from the certified
mail delivery by the United States Postal Service;
(2) A receipted copy of the fine order letter to
any owner, partner, member, officer, attorney, director, or employee of the
licensed entity;
(3) The affidavit of the employee making in-hand
service attesting to that in-hand service; or
(4) Confirmation of receipt of electronic mail.
(d) The commission shall immediately report to
the commissioner of revenue administration any fines not paid as ordered by the
commission.
Source. #6669, eff 1-1-98,
EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06,
EXPIRED: 7-1-14
New. #12209, eff 6-14-17
CHAPTER Liq
700 LICENSEE LICENSING
REVISION
NOTE #1:
Document #5289, effective 1-1-92,
adopted Part Liq 706, which made extensive changes to
the wording and format of the requirements in Part Liq
405. Document #5289 did not, however,
repeal Liq 405, due to an agency oversight. Part Liq 405
remained in effect until repealed, effective 3-21-92, by Document #5363.
REVISION
NOTE #2:
Document #13144, effective 9-25-20,
adopted, repealed, readopted with amendment, or readopted with amendment and renumbered
all of the rules in Chapter Liq
700. Extensive changes were made in the
wording, format, and numbering of rules in the former Chapter Liq 700.
Document #13144 replaces all prior
filings for rules in the former Chapter Liq 700. The prior filings affecting rules in the former
Chapter Liq 700 include the following documents:
#4455, eff 7-5-88
#5043, eff 1-11-91
#5180, eff 7-22-91
#5289, eff 1-1-92
#6391, eff 11-28-96
#7551, INTERIM, eff 9-9-01, EXPIRED: 3-8-02
#7668, eff 3-29-02
#8138, eff 8-13-04, EXPIRED: 8-13-12
#9965, eff 7-29-11
#10323, INTERIM, eff 4-25-13, EXPIRES: 10-22-13
#10443, eff 10-22-13
#10742, eff 12-10-14
PART Liq
701 CHAPTER DEFINITIONS AND OVERLYING
CONDITIONS
Liq
701.01 Definition of Terms. The following terms shall be construed as set
forth below:
(a)
"Affidavit" means a sworn statement of fact by an individual
under oath or on affirmation before an authorized magistrate or officer;
(b)
"Applicant" means any natural
or unnatural person intending to fulfill the statutory and administrative
requirements for the issuance of a license pursuant to RSA 178;
(c)
"Application" means any written form, provided by the commission,
which is a formal request for the issuance of a license;
(d) "Application fee" means that fee
that accompanies Form LIQ-A1, which covers the processing costs of new
applicants;
(e) “Chairman”
means the executive director of the New Hampshire liquor commission;
(f)
"Cold food preparation area" means an area with at least a
preparation counter, refrigeration, and food storage;
(g) “Commission” means the New Hampshire liquor commission;
(h) “Designation form” means a form provided by the
commission to license applicants which is used to designate an individual to
attend the required management training;
(i) "Director of enforcement" means the
chief of the division of enforcement and licensing;
(j)
"Division" means the division of enforcement and licensing;
(k) "Form LIQ-A1" means the initial
license application form;
(l)
"Hot food preparation area" means an area containing at least
a stove, or an oven, or a microwave, or a steamer, or a steam table;
(m) "Investigator" means a liquor
enforcement officer appointed under the provisions of RSA 179:59, who is
empowered to recommend to the director the issuance of a license;
(n) "License" means any license to sell liquor, wine, beverages, or tobacco products issued by the
commission;
(o) “Licensing agent" means an employee of
the commission who is authorized to assist the public with applications for
liquor licenses, to evaluate license applications as to their completeness,
confirm the applicant and proposed business meet all requirements of the
license applied for, and to recommend either the issuance or rejection of such
license;
(p)
"License year" means the period of time
which an original license has been issued until it has expired or been renewed;
(q)
“Management training seminar” (“MTS”) means the commission training
program for new licensees required by RSA 178:2;
(r)
“Manager” means an individual who:
(1) Exercises personal control over policies,
operating procedures, and operations of a licensed business; and
(2) Is designated by the holder of or applicant
for a license under this chapter to attend the management training seminar for
the licensee;
(s)
"Original license" means the first license issued to a
business pursuant to RSA 178;
(t)
"Renewal" means any application for a license that has not
lapsed or expired more than 90 days except for a seasonal license;
(u) "Signature” means an original manual signature
or mark. Nothing in these rules shall be
construed so as to prohibit electronic or other signature
forms when the commission has the capability of authorizing and processing such
signatures;
(v)
Supporting documentation"
means complete signed copies of all requested materials in support of an
application and required by Liq 702.04; and
(w) "Wait service" means service by a
licensee or their employee of food, beverages, liquor, or other items to the
seating accommodations of the patrons.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 701.02 Completing Forms. Whenever a person is required to complete a form,
as described in RSA 178 and this chapter, the following provisions shall apply:
(a)
Forms shall be filled out completely and truthfully;
(b)
Forms shall be completed in a legible manner;
(c)
Forms shall be completed in non-fading, non-erasable graphic such as ink
or typewritten; and
(d)
Nothing in this section shall be construed so as to
prohibit completion or filing of forms via the internet or other electronic completion
or filing of forms when the division has the capability of authorizing and
processing such forms.
Source. (See Revision
Notes #1 and #2 at chapter heading for Liq 700) #13114,
eff 9-25-20
Liq
701.03 Incomplete Form Returned. In the event a person submits a form not in
compliance with Liq 700, such form shall not be
processed. The form shall be returned to
the submitting party with the reasons for such return noted.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
701.04 Failure to Comply with Statute
or Rule. In the event an applicant
fails to comply with an application rule or statute, such applicant's
application shall not be processed and the applicant shall be notified within
10 working days of the date of rejection, together with the reasons for such rejection
of the application.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
701.05 Fees, Form of Payment.
(a) Whenever an applicant makes a payment to the division
for satisfaction of a fee, the provisions of this section shall apply.
(b)
Payment shall be made in the form of United States currency, a check,
money order, or other negotiable instrument payable upon demand for the total
amount due for the initial or renewal license year for each license applied
for.
(c) Such instrument described in paragraph (a)
above shall be made payable to the "State of New Hampshire-Liquor Commission,"
however, a suitable alternative term including but not limited to "State
of NH", "State Liquor Commission" or "Liquor Commission"
shall not be cause for refusal to accept such instrument, providing it does not
lend itself to endorsement of the instrument by any other party other than the
state of New Hampshire, nor for any private individual or purpose.
(d)
Any payment made to the division by check that was returned for
insufficient funds which has not been made good, including any fees pursuant to
RSA 6:11-a by cash, money order or certified check within 24 hours, excluding
weekends and holidays, of notification of the licensee or one of their employees,
shall result in proceedings for suspension or revocation of the license not
paid for.
(e)
The division shall also accept payments by means of approved credit and
debit cards when the division is capable of
authorizing and processing such payments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
701.06 When Submitted. Unless otherwise provided in these rules, any
fee prescribed by a statute or rule shall be submitted for the full amount due
as calculated by Liq 703.06 at the same time as the
application to which it applies.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
701.07 Checks.
(a)
No check shall be accepted which bears a date subsequent
to the date of the transaction.
(b) Except as provided in this rule, no two-party
check shall be accepted.
(c)
A two-party check shall be accepted if:
(1) One of the parties is the state of New
Hampshire;
(2) The applicant is the other party; and
(3) The amount of the check is not greater than
the fee.
(d)
No check shall be accepted that is dated more than 30 days prior to the
receipt.
(e)
Any check as described in Liq 701.07(a), (b),
or (d) shall cause the application to be incomplete.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 701.08 License Application Fees.
(a)
Each new applicant for a one day, a beer festival, a liquor and wine
festival, an alcohol consultant, or a liquor and wine representative license
shall pay a processing and investigation fee of $25.00.
(b)
Each new applicant for any other type of
license, except a special or supplemental license, shall pay a processing and
investigation fee of $100.00.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
PART Liq
702 APPLICATION PROCESS
REVISION NOTE:
Document
#13754, effective 9-27-23, readopted with amendments Form LIQ-A1 “Initial
License Application” pursuant to the expedited revisions to agency forms
process in RSA 541-A:19-c. Form LIQ-A1 is
incorporated by reference in paragraph(a) Liq 702.02
titled “Initial License Application”. Document
#13754 also updated the revision date of the form from “1/2020” to “07/2023” to
reflect the amendments made to the form, and the revision date of “1/2020” in Liq 702.02 was subsequently updated to “07/2023” as an
editorial change. The prior filing
affecting rule Liq 702.02 was Document #13114,
effective 9-25-20, and the effective date of the rule remained unchanged.
Liq 702.01 Purpose. The purpose of these rules is to maintain a
uniform and systematic approach to licensing of businesses as required and described
under Liq 700 and RSA 178.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20; (see also Revision Note at part heading for
Liq 702)
Liq 702.02 Form LIQ-A1 Initial Application For A
License.
(a)
When any natural or unnatural person desires to obtain a license, the applicant’s
or his, her or it’s designee shall complete and submit Form LIQ-A1 “Initial Application,” (revised
7/2023) and shall produce preliminary information necessary to initiate the application
process.
(b)
As part of the application procedure, any new applicant for a new
license issued pursuant to this title, except supplemental, special, or one day
licenses, shall pay an application fee to recover the costs of processing and
investigating each type of license application.
(c)
The applicant shall submit the application fee at the time they complete
and submit Form LIQ-A1.
(d)
No application, except a special, supplemental, or one-day license
application, shall be processed without the application fee accompanying Form
LIQ-A1.
(e) Application processing and investigation fees
shall be non-refundable.
(f)
An applicant shall be considered a new applicant if such applicant’s
license has lapsed more than 90 days, unless the applicant
was the holder of a seasonal license in the current or previous calendar year.
(g)
Pursuant to RSA 641:3, applicants shall certify they are authorized to
sign on behalf of the business entity applying for a license, and that the
information provided is true, correct, and complete to the best of their
knowledge and belief.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20; (see also Revision Note at part heading for Liq
702)
Liq 702.03 Application Packet. Upon the submission of Form LIQ-A1, the licensing
agent shall provide the applicant with the license type application as
described in Liq 702.07 and the license type worksheet
as described in Liq 702.07(b) and part Liq 705 of these rules.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 702.04 Required Documentation. As part of the application process, applicants
shall produce and submit copies of the following documents:
(a)
For all applicants located within the state of New Hampshire:
(1) A signed deed, lease, or rental agreement for
the premises:
a. In name of applicant; and
b. Providing that the applicant has the right to
occupy the premises and is in control of the premises;
(2) A copy of a valid certificate, license, or
letter of compliance issued by the state or town in which the business is
located showing compliance with the provisions of RSA 143-A;
(3) A bill of sale or lease for all furniture,
fixtures, and equipment that:
a. Shall be in name of applicant; and
b. Shall state that applicant owns, leases or rents
the furniture and equipment;
(4) A signed and dated bill of sale for any
alcoholic beverages purchased when buying an existing business that specifies:
a. The amount paid; and
b. The complete inventory of stock by brand type;
(5) A copy of the trade name registration with
the New Hampshire secretary of state;
(6) A notarized affidavit showing affiant’s
ownership, management control, or employment by the business applying for a license;
(7) A managerial appointment consisting of a
letter from and signed by the owners, partners, ormembers
or a manager of an limited liability corporation (“LLC”)
or authorized corporate officer, as applicable, naming the manager together
with his or her address, date, and place of birth;
(8) A diagram, sketch, or plan of physical layout
of establishment;
(9) Copy of prior license or trade name and prior license
number;
(10) A
notarized certificate or affidavit from the registered agent of the entity furnishing
all information required by RSA 178:3, V;
(11) A notarized original power of attorney and original
affidavit for any person with power of attorney;
(12) Town or
city approval;
(13) Permit of assembly; and
(14) Health or food service license, if applicable;
(b)
For on-premises licenses:
(1) A signed bill of sale or lease of draft system
or humidor for cigar bar, to the applicant;
(2) A copy of a valid permit of assembly, letter,
or certificate of occupancy issued by the local or state fire authorities;
(3) Food service permit from local or state health
agency;
(4) Menu, if the applicant operates a restaurant;
and
(5) Correspondence from the municipality indicating
that it does not object to the forms of entertainment proposed by the applicant;
(c) For a corporation:
(1) A certificate of incorporation with all
addendums attached;
(2) A corporate certificate or letter of good
standing from the New Hampshire secretary of state dated or issued within the
last 12 months;
(3) A copy of the articles of incorporation,
by-laws, and an attachment indicating ownership and distribution of stock
within the corporation;
(4) A copy of the certificate of authority from
the New Hampshire secretary of state, if a non-New Hampshire corporation;
(5) Minutes of the election of the current
officers and directors or minutes of each meeting electing officers or directors
to provide a complete and accurate record of the current
status of all officers and directors and true ownership of the corporation
or a sworn affidavit by the corporate secretary attesting to who the current
officers and directors are in lieu of minutes;
(6) Complete list of all current corporate
officers, directors, shareholders including:
a. Full Name;
b. Date of birth (“DOB”); and
c. Legal address; and
(7) Notarized original power of attorney and
original affidavit for any person with power of attorney;
(d) For limited liability corporations (“LLC”):
(1) A copy of the certificate of existence issued
by the New Hampshire secretary of state, or a copy of the certificate of formation
of the limited liability company with the filing date stamp of the New Hampshire
secretary of state, or a copy of the authorization of the New Hampshire secretary
of state for the LLC to do business in New Hampshire;
(2) A copy of the certificate of good standing
issued within the last 12 months;
(3) A copy of the LLC operating agreement; and
(4) Complete list of all current members or
appointments of LLC managers including:
a. Full name;
b. DOB; and
c. Legal address;
(e) For partnerships:
(1) A notarized affidavit showing the partner’s
ownership, management control, or employment by the business applying for a
license; and
(2) Notarized original power of attorney and original
affidavit for any person with power of attorney;
(f) For a liquor, wine or beverage manufacturer,
brew pub, beverage vendor, nano brewer, or rectifier a copy of the United
States Treasury Tax and Trade Bureau (“TTB”) permit issued to the applicant;
(g)
For a common carrier, a copy of the United States Department of Transportation or
Interstate Commerce Commission license or an affidavit from a New Hampshire
based in-state carrier attesting to being a person who, for a fee, provides
public transportation of goods or persons;
(h) For a wholesaler, a surety bond issued to the wholesaler guaranteeing the
amount pursuant to the provisions of RSA 178:16, II;
(i) For an off-premises special license, a copy of a bill of sale, order of foreclosure, or letter of
administration by the judge of probate;
(j) For an off-premises with a pharmacy, license or certificate issued by the New Hampshire pharmacy board;
(k) RESERVED
(l) For a passenger tramway device, proof of licensing by the New Hampshire department of safety
and a copy of the tramway inspection
certificate issued for the device;
(m) For a college
club, proof of accreditation of a
college or university with a letter from the accrediting
agency indicating that the college or university is accredited and in good
standing;
(n) For non-profits, proof of non-profit status which shall consist of a copy of the U.S. Internal Revenue Service issued document and New
Hampshire secretary of state document granting non-profit status;
(o) For a dining or rail car:
(1)
Proof of inspection with the New Hampshire department of transportation; and
(2) A copy of the certificate, letter of compliance, or license
issued by the inspecting agency;
(p) For a state fair:
(1) A written statement indicating official
approval of the chief of the fire department with jurisdiction as to the safety of the location;
(2) A written statement indicating
official approval of the health department with jurisdiction concerning
sanitary conditions;
(3) A written statement indicating
official approval of the police department with jurisdiction as to the accessibility
and public safety of the location and the event; and
(4) For a New Hampshire fair or exposition, a letter
of good standing from the New Hampshire Association of Fairs and Expositions;
(q)
For social and veterans clubs, a roster of club
members and auxiliaries, including addresses;
(r) For a one-day license:
(1) A written
statement indicating official approval of the chief of the fire department with
jurisdiction as to the safety of the location;
(2) A written statement
indicating official approval of the health department with jurisdiction concerning sanitary conditions;
(3) A written statement indicating official approval
of the police department with jurisdiction as to the accessibility and public safety of the location and the event;
(4) A certificate of attendance at a commission
management training seminar within 12 months prior to the
effective date of the license;
(5) A letter of
authorization from a non-profit organization designating an official in charge
of the event;
(6) A notarized affidavit
showing affiant’s ownership, management control, or employment by the business
applying for a license; and
(7) A list of alcohol servers
for the function;
(s) For a vessel, current operating certificate
issued by the New Hampshire department of safety;
(t)
For a wine or beer festival:
(1) A written statement indicating official approval
of the chief of the fire department with jurisdiction as to the safety of the
location;
(2) A written statement indicating official approval
of the health department with jurisdiction concerning sanitary conditions;
(3) A written statement indicating official approval
of the police department with jurisdiction as to the accessibility and public
safety of the location and the event;
(4) A letter of authorization
from a non-profit organization designating
an official in charge of the event;
(5) A notarized affidavit showing
affiant’s ownership, management control, or employment by the business applying
for a license;
(6) A list of alcohol servers
for the function; and
(7) A certificate of attendance at a commission
management training seminar within 12 months prior to the effective date of the
license;
(u) For a vending tobacco license, location and
name of business of each tobacco vending machine;
(v) For
pari-mutuel
and commercial motor vehicle race track license, a
listing of the areas that the applicant intends to utilize for the service and consumption
of alcoholic beverages including a brief description of the area; and
(w) For an agency store:
(1) A financial statement from a credit company or
bank providing a copy of the applicant's credit standing;
(2) Letters of recommendation from 3 New Hampshire
residents indicating the reliability of the applicant's customer service record
in the community; and
(3) Any photographs of the business or other
representation or other documentation that the applicant wants the commission
to consider in the selection process.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 702.05 Input From Municipality.
(a)
As part of the application process, the licensing agent shall send
correspondence to the municipality where the licensee is proposed to be
located, notifying it of the license application.
(b)
The correspondence shall solicit the following information from a
municipality in its review of the license application under Liq
702.08:
(1) That the proposed location of the business is
appropriate for the sale and service of alcohol, tobacco, or both;
(2) The nature of the business
relative to the surrounding neighborhood;
(3) The number of similar businesses
in the neighborhood; and
(4) Objections from the municipality relative to
the appropriateness of a liquor license under RSA 178:3, VII(f).
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 702.06 In-State Premises Inspection.
(a)
The commission shall inform the applicant of the requirements specific
to the license type sought by the applicant.
(1) Once the applicant has obtained all
documentation required by Liq 702.04, completed all desired
renovations at the proposed locations, and installed
all furniture, the applicant shall request an inspection of the site by an
investigator.
(c) The commission shall inspect the premises to
determine compliance with applicable statutes and rules and the physical
requirements of Liq 706.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
702.07 License Type Application.
(a) Once the applicant has obtained and submitted
copies of all documentation required by Liq 702.04
and an investigator has inspected the premises pursuant to Liq
702.06, the applicant shall complete and submit as appropriate:
(1) Form LTA-1M “License
Type Application-Manufacturers” (revised 1/2020) for manufacturers, including
brew pub, liquor manufacturer, beverage manufacturer, nano brewery with sampler
(no restaurant), nano brewery with restaurant, rectifier, tenant brewer, wine manufacturer
with sampler, and wine manufacturer retail outlet; or
(2) Form LTA-2D “License Type Application-Distributors
– Non-Retail” (revised 1/2020) for distributors, including beverage vendor, carrier,
liquor and wine representative, liquor and wine vendor, liquor/wine/beverage warehouse,
wholesale distributor, and alcohol consultant; or
(3) Form LTA-3R-OFF “License Type
Application-Retailers-Off-Premises” (revised 1/2020) for retailers off-premises,
including agency store, beer festival, beer specialty, combination, off-premise specialty, retail tobacco, retail wine, tobacco sampling,
tobacco vending, and wine festival; tobacco retail license fee; or
(4) Form LTA-3R-ON “License Type Application-Retailers-On-Premises”
(revised 1/2020) for retailers on-premises, including, ballroom, bed and breakfast
/ hotel, caterer on-premises, caterer off-premises, college club, convention center,
dining car / rail car, restaurant, military
club, veteran’s club, social club, one day non-profit organization, state fair,
sports entertainment complex, pari-mutuel / commercial motor vehicle race
track, sports recreation facility, performing arts, vessel, wine / liquor festival,
beer festival and cigar bar.
(b) The applicant shall complete and submit the
“License Type Worksheet” as set forth in Liq 705 of
these rules, in addition to the “License Type Application” set forth in Liq 702.07(a).
(c) If the license application and corresponding
worksheet is completed, and the applicant satisfies all requirements for the
license type, the licensing agent shall submit the application to the director
for review.
(d) The director
shall review the license application and submit to the commission a written
recommendation as to whether the commission should grant or deny the
license.
(e)
If the director recommends that the
commission grant the applicant a license, the director shall issue that applicant a temporary license pending the chairman or deputy commissioner’s
final review and decision.
(f)
If the director believes that he or she
lacks sufficient information to determine whether to recommend the grant or
denial of the license, because he or she is unable to fully assess the actual control
structure of the licensee, the effect that any third-party interests may play on the
licensee’s operations, the effect of the licensed establishment on the neighborhood,
or, based on specific circumstances, there is reason
to believe the applicant may be unable to comply with the provisions set forth
in Title XIII or these rules, the director shall request additional
information, and shall respond to the application by issuing the applicant a temporary
license, which shall allow the applicant to operate pending the director’s
determination regarding a recommendation of grant or denial.
(g) Any
temporary license issued pursuant to Liq 702.07(e) or
(f) shall automatically expire upon the occurrence of any of the following
events:
(1) The director’s recommendation to the commission that it deny the license;
(2) The commission’s grant of the license; or
(3) 90 days following its issuance.
(h) Any
temporary license issued by the director pursuant to Liq
702.07(e) or (f) shall state on the document that it shall expire upon the
occurrence of any of the events set forth in Liq
702.07(g)(1-3).
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 702.08 Additional information. In order to
determine whether or not to approve the request for a license, the chairman or deputy
commissioner may request additional information pursuant to RSA 178:3, V.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 702.09 Final Review. The chairman,
or the deputy commissioner pursuant to RSA 176:2-a, shall determine whether or not to approve the request for a license based on
the following:
(a) The operational and business qualifications of
all persons with a right to control the operations and policies of the proposed
licensee;
(b) The existence of any disqualifying felonies as
specified in RSA 178:3, VI;
(c) The information
received from the municipality pursuant to Liq 702.05;
(d) Completeness of the application;
(e) That the applicant is of legal age;
(f)
That the applicant is of good character;
(g) That the application accurately disclosed the applicant’s
interests in other business activities;
(h) That the applicant’s interests in other
business activities would interfere with the lawful operation of the proposed
business;
(i) That interests in other business activities would
create unfair competition or unlawful activities;
(j) That the proposed business would be managed in
a manner which would hinder the commission from exercising its regulatory and
financial responsibilities;
(k) That 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 the
neighborhood; and
(l) The recommendation of the director of the division
of licensing and enforcement.
Source. (See Revision Notes #1 and #2 at chapter heading for Liq
700) #13114, eff 9-25-20
Liq 702.10 Issuance of License.
(a) The licensing agent shall notify the licensee
in writing whether or not the request has been approved,
and of any
condition or conditions which the chairman, or the deputy commissioner
pursuant to RSA 176:2-a, attached to any license approval, including, but not
limited to:
(1) A warehouse
licensee, other than DHL, shall not store bailment products;
(2) A combination licensee shall operate each of the licenses
in comportment with the hours of sales requirements for the license in
operation as established by RSA 179:17; and
(3) Any other condition or conditions that
further the primary duties of the commission as outlined in RSA 176:3.
(b) Any denials shall be accompanied by a written
statement stating the basis for the denial and that the applicant has a right
to a hearing.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq
702.11 Management Training Seminar.
(a)
The commission shall offer the management training seminar (“MTS”) pursuant
to RSA 178:2, II.
(b) All retail licensees or a manager designee
shall attend and receive a certificate of completion with positive
identification in compliance with RSA 179:8.
(c)
The seminar shall cover the following topics:
(1) Information on state law;
(2) Alcohol sales practices;
(3) Criminal and civil liability; and
(4) Management practices intended to reduce access to alcohol by persons
under the age of 21 and over service of alcohol to patrons.
(d)
A schedule of classes shall be provided to all license applicants by the
licensing officer.
(e) Prior to
the effective date of a one-day license, the training program shall be attended
by a management representative of the applicant provided, however, 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.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 702.12 Training
Required, Designee.
(a)
Pursuant to RSA 178:2, for each on or off premise license initially
issued, all retail licensees or a manager designee shall attend the commission MTS
licensee basic training course.
(b) An applicant may designate a manager by name
to attend the training in his or her stead on a designation Form L-003 provided
by the commission, which shall be filed with the license application.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 702.13 License Suspension.
(a)
Pursuant to RSA 178:2, V, the chairman 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 RSA
178:2, IV, which license shall not be reissued until the required training is
complete.
(b) Notice of possible suspension pursuant to paragraph
(a) shall accompany the license application and be signed by the licensee.
(c) Upon 20 days after the license is issued, if
the licensee has not yet attended the mandatory training, the division shall
issue a warning notice to the licensee directing the licensee to complete the
training by the 45-day deadline.
(d) A warning notice issued pursuant to Liq 702.13(c) constitutes a commission order.
(e)
Once 45 days has elapsed since the
license was issued, the division shall issue a licensee who still has not
attended the training an administrative notice of violation and schedule a
hearing on the violation.
(f) If the chairman suspends a license for failure to attend MTS, the license shall
not be reinstated until the required training is completed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
PART Liq 703 LICENSING FORMULA
Liq
703.01 Purpose. The purpose of this part is to provide applicants
with a formula for the calculation of license fees as required pursuant to RSA
178.
Liq 703.02 Definitions.
(a) "B-Month" means the birth month for
an individual or legal date of organization.
(b) "C-Month" means the effective month
of a new license;
(c) "D-Month" means the difference in months
between B-Month and C-Month.
(d) "Eff Date" means the first day of
the month the license is to take effect.
(e) "License-Months" means the length
of a license issued in measurement by month.
(f) "SPI" means either the birth date
or legal date of incorporation or other organization.
(g)
"Table" means any chart, graph, or reference material included
to more clearly explain a concept or legal requirement.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 703.03 RESERVED
Liq
703.04 Formula for Calculation of
Licensing Months. The formula for calculation
of licensing months for initial licenses shall be as follows:
(a)
If B-Month is less than C-Month, the license fee shall be calculated as
follows:
(1) The D-Month shall equal the C-Month minus
B-Month plus one;
(2) If D-Month is less than 9, the license months
shall equal 12 minus D-Month; and
(3)
If D-Month is greater than or equal to 9, the license months shall equal
24 minus D-Month.
(b) If B-Month is greater than or equal to C-Month,
the license fee shall be calculated as follows:
(1) The D-Month shall equal the B-Month minus
C-Month minus one;
(2) If D-Month is less than 4, the license months
shall equal 12 plus D-Month; and
(3) If D-Month is greater than or equal to 4, the
license months shall equal D-Month.
(c)
Licenses, except for seasonal, supplemental, state fair, special, beer festival, or one day licenses shall be issued for periods of
at least 4 months, but shall not exceed 15 months as determined by the formula
in Liq 703.04(a) and (b).
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 703.05 Table
A.
(a)
The length of the license issued shall
be determined by matching the SPI month in the X axis with the effective month
in the Y axis;
(b) Once the effective month and SPI month have
been determined the number of months for the initial license or lapsed license
shall be in compliance with table A below:
TABLE A
SPI MONTH |
||||||||||||
Eff. Month |
||||||||||||
|
Jan |
Feb |
Mar |
Apr |
May |
June |
July |
Aug |
Sept |
Oct |
Nov |
Dec |
Jan |
13 |
14 |
15 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
Feb |
12 |
13 |
14 |
15 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
Mar |
11 |
12 |
13 |
14 |
15 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Apr |
10 |
11 |
12 |
13 |
14 |
15 |
4 |
5 |
6 |
7 |
8 |
9 |
May |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
4 |
5 |
6 |
7 |
8 |
June |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
4 |
5 |
6 |
7 |
July |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
4 |
5 |
6 |
Aug |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
4 |
5 |
Sept |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
4 |
Oct |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
Nov |
15 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
Dec |
14 |
15 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 703.06 License Fees. The initial or renewal fee for any license
shall be the sum of the license- months divided by 12 multiplied by the annual
cost for each category pursuant to RSA 178:29 except for seasonal, special,
supplemental, beer festival, and state fair licenses.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 703.07 Refunds Prohibited. The fees paid by any licensee for a license,
regardless of the license term, shall not be refundable except when a refund
request is received by the commission prior to the effective date of the
license.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
PART Liq 704 LICENSE
RENEWALS
Liq 704.01 Notice
of Renewal.
(a) The division shall identify all year round
licenses 90 days before their renewal date.
(b) The following shall apply:
(1) The division shall issue a written application,
the applicable License Type Worksheet (LTW), or the renewal of licenses to every licensee;
(2) The application shall be delivered electronically,
or by mail if requested by the applicant, or other appropriate method to an
address designated by the licensee;
(3) The applicant shall answer all questions in the
applicable license type worksheet designed for the renewal of a license as
required pursuant to RSA 178:3 and applicable parts of Liq
700;
(4) All
questions shall be answered truthfully, completely, in a legible manner, and in
a non-erasable graphic;
(5) Any supporting documentation required to
update an application pursuant to Liq 702.04 shall accompany
the application when submitted for renewal;
(6) The renewal applicant's application to the division
office in Concord shall be postmarked at least 30 days before the expiration
date of their license; and
(7) The fees, and form of payment shall comply
with the provisions of Liq 701.05.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 704.02 Bond Required.
(a) A wholesale distributor as defined by RSA
175:1, LXVI, shall give to the state of New Hampshire a surety bond required by
RSA 178:16, II.
(b)
The formula for a renewed bond shall be 1.5 times the highest monthly sum
of additional fees paid pursuant to RSA 178:26 during the 12-month period ending
3 months prior to the license renewal date.
(c)
The amount of the bond required for an original applicant shall be in an
amount determined by an estimate of the chairman based upon the vendor's or applicant's
estimated sales.
(d) The bond amount shall be reviewed every 3
months and shall be based upon the actual number of gallons of beverage sold
monthly multiplied by the amount of tax specified by RSA 178:26 for each gallon
sold multiplied by 1.5 during the period of the original license.
(e)
The length of time a bond is required shall be consistent with the
requirements of RSA 178:16.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
PART Liq 705 LICENSE TYPE
WORKSHEETS
REVISION NOTE:
Document
#13346, effective 2-24-22, readopted with amendments Form LTW-05 “License Type Worksheet-Sports Recreation Facility”
pursuant to the expedited revisions to agency forms process in RSA 541-A:19-c. Form LTW-05 is incorporated by reference in Liq 705.33 titled “Sports Recreation Facility License”. Document #13346 also updated the revision date
of the form from “8/2020” to “2/2022” to reflect the amendments made to the
form, and the revision date of “8/2020” in Liq 705.33
was subsequently updated to “2/2022” as an editorial change. The prior filing affecting rule Liq 705.33 was Document #13114, effective 9-25-20, and the
effective date of the rule remained unchanged.
Document
#13423, effective 7-30-22, readopted with amendments Form LTW-03 “License Type
Worksheet-Restaurant” pursuant to the expedited revisions to agency forms
process in RSA 541-A:19-c. Form LTW-03 is
incorporated by reference in Liq 705.29 titled “Restaurant
and Related Licenses.” Document #13423 also
updated the revision date of the form from “8/2020” to “7/22” to reflect the
amendments made to the form, and the revision date of “8/2020” in Liq 705.29 was subsequently updated to “7/22” as an editorial
change. The prior filing affecting rule Liq 705.29 was Document #13114, effective 9-25-20, and the
effective date of the rule remained unchanged.
Liq 705.01 Information Required on Worksheets.
(a)
Each applicant for a license shall retain, maintain and keep readily
available all supporting documentation relative
to their specific worksheet and, upon investigation, provide such documentation
to any member of the commission.
(b) Each applicant for a license shall provide
the name of the business, the trade name of the business, if any, and the
primary contact for the applicant.
(c)
Each applicant for a license shall provide specific information and
acknowledgements on a “License Type Worksheet” as required by Liq 702.07 (a) and as specified in this Part. The information provided shall be certified
by the applicant under penalty of unsworn falsification pursuant to RSA 641:3.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.02 Liquor
Manufacturer Licenses. Applicants
for a liquor manufacturer license shall complete and submit Form LTW-19,
“License Type Worksheet-Liquor Manufacturer” (revised 8/2020) providing all
required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.03 Rectifier Licenses. Applicants for a rectifier license shall complete
and submit LTW-32, “License Type Worksheet-Rectifier” (revised 8/2020) providing
all required information and acknowledgements.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.04 Liquor
and Wine Vendor License. Applicants
for a liquor and wine vendor license shall complete and submit Form LTW-45,
“License Type Worksheet-Liquor and Wine Vendor” (revised 8/2020) providing all
required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.05 Liquor/Wine/Beverage Warehouser
License.
Applicants for a liquor/wine/beverage/warehouse license shall complete and submit
Form LTW-12, “License Type Worksheet-Liquor, Wine and Beverage Warehouser” (revised
8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.06 Wine Manufacturer's License. Applicants for a wine manufacturer’s license shall
complete and submit Form LTW-30, “License Type Worksheet-Wine Manufacturer – Off
Premises Sampling/Retail Sales” (revised 8/2020) providing all required information,
acknowledgments, and, for an off-premises sampling retail event, attach
a copy of the authorization letter from the nano-brewery allowing the applicant
permission to conduct sales and sampling.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.07 Liquor
and Wine Representative License. Applicants
for a liquor and wine representative license shall complete and submit Form
LTW-35, “License Type Worksheet-Liquor and Wine Representative” (revised 8/2020)
providing all required information, acknowledgments, and attach a warranty deed or lease
agreement.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.08 Beverage
Manufacturer Licenses. Applicants
for a beverage manufacturer license shall complete and submit Form LTW-18,
“License Type Worksheet-Beverage Manufacturer” (revised 8/2020) providing all required
information, acknowledgments, and attach a
completed form LTW-03 “Restaurant” worksheet, if the applicant will hold an on-premise license.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.09 Carrier License. Applicants for a carrier license shall
complete and submit Form LTW-16, “License Type Worksheet-Carrier” (revised
1/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.10 Beverage
Vendor Licenses. Applicants for a beverage
vendor license shall complete and submit Form LTW-31, “License Type Worksheet-Beverage
Vendor” (revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.11 Wholesale
Distributor Licenses. Applicants for
a wholesale distributer license shall complete and submit Form LTW-20, “License
Type Worksheet-Wholesale Distributer” (revised 8/2020) providing all required information
and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.12 Off-Premises
Special License (Auction). Applicants
for an off-premises special license shall complete and submit Form LTW-42,
“License Type Worksheet-Off-Premise Specialty (Auction)”
(revised 8/2020) providing all required information, acknowledgments, and attach
the following:
(a) If an administrator/executor sale, the letter
of administration signed by the probate judge;
(b) A copy of the foreclosure, court order,
assignment or liquidation order, if applicable;
(c) A letter from a non-profit signed by a
corporate officer designating that person is allowed to represent the
non-profit organization for the event;
(d) An affidavit for the designated person in charge
of the event;
(e)
Form L-023d “Special One Day / Auction
Licenses Only – Inventory”; and
(f) Form L-023e “Auction – Affidavit for Alcohol
Sold”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.13 Combination
License. Applicants for a combination
license shall complete and submit Form LTW-47, “License Type Worksheet-Combination”
(revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.14 Retail
Table Wine License. Applicants for a
retail table wine license shall complete and submit Form LTW-46, “License Type
Worksheet-Retail Table Wine” (revised 8/2020) providing all required information
and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.15 Bed and
Breakfast and Hotel License. Applicants
for a bed and breakfast or a hotel license shall complete and submit Form LTW-02,
“License Type Worksheet-Bed & Breakfast / Hotel” (revised 8/2020) providing
all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.16 State Fair
License. Applicants for a state fair
license shall complete and submit Form LTW-23, “License Type Worksheet-State
Fair” (revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.17 Ballroom
License. Applicants for a ballroom
license shall complete and submit Form LTW-11, “License Type
Worksheet-Ballroom” (revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.18 Caterer
License On-Site and Caterer Off-Site.
Applicants for a caterer on-site & off-site license shall complete and
submit Form LTW-34, “License Type Worksheet-Caterer On-Site / Caterer Off-Site”
(revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.19 RESERVED
Liq 705.20 College, Military, Veteran’s and Social Club
Licenses. Applicants for a college, military,
veteran’s or social club license shall complete and submit Form LTW-01,
“License Type Worksheet-College, Military & Veterans / Social Clubs”
(revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.21 RESERVED
Liq. 705.22 RESERVED
Liq 705.23 Convention Center License. Applicants for a convention center license
shall complete and submit Form LTW-25, “License Type Worksheet-Convention
Center” (revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq. 705.24 RESERVED
Liq. 705.25 One Day Non-Profit Organization License. Applicants for a one day license shall
complete and submit Form LTW-41, “License Type Worksheet-One Day Non-Profit Organization” (revised 1/2020)
providing all required information and acknowledgments 15 days before the date
on which the license is needed.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
705.26 Performing Arts Facility
License. Applicants for a performing
arts facility license shall complete and submit Form LTW-08, “License Type
Worksheet-Performing Arts” (revised 8/2020) providing all required information
and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq.705.27 Pari-Mutuel and Commercial Motor Vehicle Race Track License.
Applicants for a pari-mutel or a commercial
motor vehicle race track license shall complete and submit
Form LTW-24, “License Type Worksheet-Pari-mutuel
/ Commercial Motor Vehicle Race Track” (revised 8/2020)
providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.28 Dining Car or Rail Car License. Applicants for a dining or rail car license
shall complete and submit Form LTW-27, “License Type Worksheet-Dining Car / Rail Car” (revised 8/2020) providing all
required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.29 Restaurant and Related Licenses. Applicants for a restaurant license shall complete
and submit Form LTW-03, “License Type Worksheet-Restaurant” (revised 7/2022) providing
all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20; (see also Revsion Note at part heading for Liq 705)
Liq 705.30 Vessel License. Applicants for a vessel license shall complete
and submit Form LTW-13, “License Type Worksheet-Vessel”
(revised 8/2020) providing all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.31 Agency Store License. Applicants for an agency store license shall
complete and submit Form LTW-04, “License Type Worksheet-Agency Store” (revised
8/2020) providing all required information,
acknowledgments, and attach a business plan of
operations detailing how the proposed agency store would operate during the
term of the license.
Source. (See Revision Notes #1 and #2 at chapter heading for Liq
700) #13114, eff 9-25-20
Liq 705.32 Brew Pub License. Applicants for a brew pub license shall complete
and submit Form LTW-15, “License Type Worksheet-Brew Pub” (revised 8/2020) providing
all required information and
acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.33 Sports Recreation Facility License. Applicants for a sports recreation facility
license shall complete and submit Form LTW-05, “License Type Worksheet-Sports Recreation Facility” (revised 2/2022)
providing all required information, acknowledgments, and attach a business plan
of operations which shall detail the type of sports/recreation provided by the applicant
and the physical facility in which their operations are carried out.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20; (see also Revision Note at part heading for Liq
705)
Liq 705.34 Alcohol Consultants. Applicants for an alcohol consultant license shall
complete and submit Form LTW-44, “License Type Worksheet-Alcohol Consultant” (revised
8/2020) providing all required information, acknowledgments,
and attach Form L-075 – “New Hampshire Liquor Commission
Direct Shipper Affiliation Form”.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
705.35 Beer Festival License. Applicants for a beer festival license shall
complete and submit Form LTW-14, “License Type Worksheet-Beer Festival” (revised
8/2020) providing
all required information, acknowledgments, and attach the following:
(a)
Proof of non-profit status from the New Hampshire Secretary of State;
and
(b)
A letter of designation from a non-profit group.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
705.36 Beer Specialty License. Applicants for a beer specialty license shall
complete and submit Form LTW-07, “License Type Worksheet-Beer Specialty” (revised
8/2020) providing
all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
705.37 Cigar Bar License. Applicants for a cigar bar license shall
complete and submit Form LTW-06, “License Type Worksheet-Cigar Bar” (revised
8/2020) providing
all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.38 Tenant Brewer License. Applicants for a tenant brewer license shall
complete and submit Form LTW-09, “License Type Worksheet-Tenant Brewer” (revised
8/2020) providing
all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.39 Nano Brewery License. Applicants for a nano brewery license shall complete
and submit either Form LTW-22, “License Type Worksheet-Nano Brewery with Restaurant
Option and Off-Premises Sampling / Retail Sales” (revised 8/2020) or “License
Type Worksheet-Nano Brewery Option and Off-Premises Sampling / Retail Sales (No
Restaurant Option)” (revised 8/2020) providing all required information,
acknowledgments, and attach the following:
(a)
For a nano brewery with the restaurant option, a completed form LTW-03
“Restaurant”; and
(b)
For an off-premises sampling retail event, a copy of the authorization
letter from the wine manufacturer allowing the applicant permission to conduct
sampling and sales.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 705.40 Tobacco Licenses. Applicants for a tobacco retailer, tobacco sampler
or a tobacco vending license shall complete and submit Form LTW-17, “License Type
Worksheet-Retail Tobacco / Tobacco Sampler / Tobacco Vending” (revised 8/2020) providing
all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.41 Wine or Liquor Festival License. Applicants for a wine or liquor festival
license shall complete and submit Form LTW-21, “License Type Worksheet-Wine
Festival / Liquor Festival” (revised 8/2020) providing all required information
and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
705.42 Sports Entertainment Complex. Applicants for a sports entertainment complex
license shall complete and submit Form LTW-43, “License Type Worksheet-Sports
Entertainment Complex” (revised 8/2020) providing
all required information,
acknowledgments, and attach a copy of
the applicant’s contract for operating under this license if the applicant is
not the owner of the complex.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 705.43 Wine Manufacturer Retail Outlet. Applicants for a wine manufacturer retail outlet
license shall complete and submit Form LTW-29, “License Type Worksheet-Wine
Manufacturer Retail Outlet” (revised 8/2020) providing
all required information and acknowledgments.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq
705.44 RESERVED
PART
Liq 706
PHYSICAL REQUIREMENTS REQUIRED FOR NEW OR RENEWAL APPLICATIONS FOR
LICENSES
Liq 706.01 Liquor/Rectifier Manufacturer's
Requirements.
(a)
Applicants for a liquor or rectifier manufacturer license shall have a securable
premises located within the boundaries of New Hampshire capable of manufacturing
the products to be sold according to any laws or rules provided pursuant to RSA
143-A.
(b)
Each manufacturer or rectifier shall have an office located on the premises
where receiving reports, shipping papers, packing slips,
shipping reports, and other related records for the business shall be stored
for all transactions of the liquor manufacturer or rectifier.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 706.02 Liquor/Wine/Beverage
Warehouse Requirements.
(a) Applicants for a liquor/wine/beverage
warehouse license shall have a securable warehouse facility located within the
state of New Hampshire.
(b) Each warehouse shall be equipped with loading
docks or other arrangements to facilitate the loading or unloading of stock.
(c) Each warehouse shall be equipped at their own
expense with a computer inventory control system capable of interfacing with the
commission's computer system.
(d) Each warehouse shall have an office located on
the premises where receiving reports, shipping papers,
packing slips, shipping reports, and other related records for the business
shall be stored for all transactions of the warehouse.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 706.03 Wine Manufacturer Requirements.
(a)
Applicants for a wine manufacturer license shall have a securable premises
located within the boundaries of New Hampshire capable of manufacturing the
products to be sold according to any laws or rules provided pursuant to RSA
143-A.
(b) Each wine manufacturer shall have an office
located on the premises where receiving reports,
shipping papers, packing slips, shipping reports, and other related records for
the business shall be stored for all transactions of the wine manufacturer.
(c) Each wine manufacturer shall have a separate,
securable room for storage.
(d) Each wine manufacturer wishing to conduct a
tasting on their premises shall have a room or rooms to conduct the tasting in,
which may be the same room as in paragraph (c).
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 706.04 Liquor and Wine Representative Requirements.
(a)
Each applicant for a liquor and wine representative license shall
designate a resident agent who resides in the state of New Hampshire, and that resident agent shall be responsive, on behalf of the
applicant, to all notices, inquiries, and directives from the commission and
shall accept service of process, on behalf of the applicant.
(b) Any notice or communication of any kind by
the commission to the resident agent shall carry full force and effect as though provided directly to the liquor and wine representative at
the time that it is communicated to the resident agent.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 706.05 Beverage Manufacturer License Requirements.
(a)
Applicants for a beverage manufacturer license shall have a securable
premises located within the boundaries of New Hampshire capable of
manufacturing the products to be sold according to any laws or rules provided
pursuant to RSA 143-A.
(b)
Each beverage manufacturer shall have an office located on the premises where receiving reports, shipping papers, packing slips,
shipping reports, and other related records for the business shall be stored
for all transactions of the beverage manufacturer.
(c) Applicants for a beverage manufacturer license
shall have a securable warehouse facility located within the state of New Hampshire.
(d)
A beverage manufacturer's hospitality room shall:
(1) Be a separate room on the licensed premises
with seating accommodations as required by RSA 179:27;
(2) Have a valid permit of assembly issued by
local or state fire authorities; and
(3)
Shall have a valid license issued pursuant to RSA 143-A.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 706.06 Wholesale Distributor License Requirements.
(a)
Applicants for a wholesale distributor license shall have a securable
warehouse facility located within the state of New Hampshire.
(b)
Each wholesale distributor shall have an office located on the premises where receiving reports, shipping papers, packing slips, shipping
reports and other related records for the business shall be stored for all transactions
of the wholesale distributor.
(c)
Those wholesale distributors that seek to sell case lots of beverages to
the public shall maintain a separate room that may be the same as in paragraph
(b).
(d) This room shall be equipped with a cash
register or other computerized billing system for recording sales of beverages
under the off-premises provisions of the license.
(e)
Any on-premises license issued to a wholesale distributor under the provisions
of RSA 178:16, III in the same building shall be a separate securable premises
from that of the wholesale distributor's wholesale operation.
(f)
Any on-premises license issued to a wholesale distributor shall meet all
requirements for that license type.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 706.07 Combination License Requirements.
(a)
Combination licensees shall have a separate and securable premises with
no interior connections to another business or another person's private
property as required by RSA 179:48, IV.
(b)
Each premises licensed shall have at least one cash register, shelving,
or other accommodation for retail display and refrigeration for perishable
products.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 706.08 Retail Table Wine License Requirements.
(a) Retail table wine licensees shall have a
retail business other than sale of alcoholic beverage or wine in order to qualify for a license.
(b) Retail table wine licensees shall have a
separate and securable premises with no interior connections to other
businesses as required by RSA 179:48, IV.
(c) Each premises licensed shall have at least one
cash register and shelving, or other accommodation for retail display.
(d) On-premises licensees who are licensed under
RSA 178:19, III shall maintain a separate room(s) for storage, shelving, and
display of table wines with at least one cash register.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 706.09 On-premises Beverage and Wine License
Requirements.
(a)
On-premises beverage and wine licensees shall only serve beverage and
wine in licensed areas at such times as food is available.
(b)
Bed and breakfasts shall:
(1) Meet the definition of RSA 175:1, VI;
(2) Be licensed pursuant to RSA 143-A, RSA 47:17,
or RSA 147:1;
(3) Have toilet facilities
available meeting the requirements of RSA 143-A;
(4) Have dining areas with seating for guests as
required by RSA 179:27;
(5) Have hot and cold cooking and preparation
areas capable of servicing at least the maximum number of registered guests at
a time;
(6) Have family style or dining areas with wait
service capable of seating the maximum number of registered guests at one time;
(7) Have a posted room rate that includes breakfast;
and
(8) Have a securable area for the storage of
their beverage and wine.
(c) Dining cars meeting the definition of RSA
175:1, XXIX shall have:
(1) Dining areas meeting the provisions of RSA 179:27
and hot and cold food preparation areas capable of servicing at least the
maximum capacity of the dining car licensed pursuant to RSA 143-A, RSA 47:17,
or RSA 147:1 as applicable;
(2) Wait service provided for the safety of the
passengers; and
(3) A securable area for the storage of their
beverage and wine.
(d) Vessels meeting the definition of RSA 175:1, LXV
shall have:
(1) Areas capable of servicing at least the maximum
number of passengers on the vessel at a time licensed pursuant to RSA 143-A,
RSA 47:17, or RSA 147:1 as applicable including provisions for cold food
consisting of, but not limited to:
a. Cold food storage and preparation area; or
b. Cold storage for prepackaged foods; and
(2) A securable area for the storage of their beverage
and wine.
(e) Restaurants meeting the definition of RSA
175:1, LIX shall have:
(1) Dining areas with seating for 20 patrons meeting
the provisions of RSA 179:27 and food service preparation and cooking areas
capable of servicing the licensed dining areas, pursuant to RSA 143-A, RSA
47:17, or RSA 147:1 as applicable including both hot and cold food preparation
areas;
(2) Wait service as an option in the cafeteria or
self-service restaurant operations; and
(3) A securable area for the storage of their
beverage and wine.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
Liq 706.10 On-Premises Beverage and Liquor License
Requirements.
(a)
On-premises beverage and liquor licensees except
vessels, shall serve beverage and liquor in dining rooms of full service restaurants
as defined by RSA 175:1, XXXIII, pursuant to the requirements of RSA 178:20, II
using:
(1) Standard metal or plastic flatware;
(2) Glassware or drinking containers other than
paper; and
(3) Plates at such times as full course meals as
defined by RSA 175:1, XXXII are being served;
(b)
In addition to Liq 706.10(a), bed and
breakfasts shall:
(1) Meet the definition of RSA 175:1, VI;
(2) Be licensed pursuant to RSA 143-A, RSA 47:17,
or RSA 147:1;
(3) Have toilet
facilities available meeting the requirements of RSA 143-A;
(4) Have dining areas with seating for guests as
required by RSA 179:27;
(5) Have hot and cold food preparation areas
capable of servicing at least the maximum number of registered guests at a
time;
(6) Have family style or dining areas with wait
service capable of seating the maximum number of registered guests at one time;
(7) Have a posted room rate that includes
breakfast; and
(8) Have a securable area for the storage of their
beverage and liquor.
(c) In addition to Liq
706.10(a), dining cars meeting the definition of RSA 175:1, XXIX shall have:
(1) Dining areas meeting the provisions of RSA
179:27 and food service preparation areas capable of servicing the maximum
capacity of the dining car at a time licensed pursuant to RSA 143-A, RSA 47:17,
or RSA 147:1 as applicable including both hot and cold food preparation areas;
(2) Wait service provided for the safety of the
passengers; and
(3) A securable area for the storage of their
beverage and liquor.
(d)
Vessels meeting the definition of RSA 175:1, LXV shall have:
(1) Areas capable of servicing at least the maximum
number of passengers on the vessel at a time licensed pursuant to RSA 143-A,
RSA 47:17, or RSA 147:1 as applicable including provisions for cold food
consisting of, but not limited to:
a. Cold food preparation and storage area; or
b. Cold storage for prepackaged foods; and
(2) A securable area for the storage of their
beverage and liquor.
(e)
In addition to Liq 706.10(a), full service restaurants
meeting the definition of RSA 175:1, LIX and RSA 175:1, XXXIII shall have:
(1) Dining rooms or function rooms meeting the
provisions of RSA 179:27, rest rooms, and both hot and cold food preparation
areas capable of servicing at least 20 patrons at a time licensed pursuant to
RSA 143-A, RSA 47:17, or RSA 147:1 as applicable;
(2) Wait service provided to the table or other
licensed seating area; and
(3) A securable area for the storage of their
beverage and liquor.
(f) In addition to Liq
706.10(a), hotels meeting the definition of RSA 175:1, XXXVII with full service
restaurants meeting the definition of RSA 175:1, LIX and RSA 175:1, XXXIII shall
have:
(1) Dining rooms or function rooms meeting the
provisions of RSA 179:27, rest rooms, and both hot and cold food preparation
areas capable of servicing at least 20 patrons at a time licensed pursuant to RSA
143-A, RSA 47:17, or RSA 147:1 as applicable;
(2) Wait service provided to the licensed seating
areas; and
(3) A securable area for the storage of their
beverage and liquor.
Source. (See Revision Notes #1 and #2 at chapter heading
for Liq 700) #13114, eff 9-25-20
Liq 706.11 On-Premises
Cocktail Lounge Licenses. Except for
one day and performing arts facility licenses, all applicants for a cocktail lounge
license shall:
(a) Have a separate room, or in the case of a
vessel, designated areas with seating for passengers, operated for the purpose
of serving liquor and beverage without food meeting the definition of RSA
175:1, XXIII with rest room facilities;
(b) Except in the case of a vessel, have a fully
equipped service bar as defined by RSA 175:1, LXI with room for display of stock
and the preparation, refrigeration, and service of liquor and beverages
licensed pursuant to RSA 143-A, RSA 47:17, or RSA 147:1 as applicable;
(c) Be independently securable or shall have a
securable area for the storage of beverage and liquor;
(d)
In addition to the requirements of Liq 707.11(a) through (c):
(1) The holder of an alpine slide cocktail
lounge license shall have:
a. A public alpine slide facility as defined by
RSA 175:1, IV whose passenger tramway device is currently registered by the New
Hampshire passenger tramway safety board; and
b. Securable premises in a building open to the
public in which the cocktail lounge shall be housed;
(2) The holder of a ballroom cocktail lounge
license shall have:
a. Securable premises in a building open to the
public in which the cocktail lounge shall be housed meeting the definition of
RSA 175:1, V;
b. A securable room or area for the storage of
alcoholic beverages and liquor for those licensees utilizing the provisions of
RSA 178:22, V(c)(2) during the times when the privilege is being exercised; and
c. A separate room for the service of private
groups in addition to the public areas of the ballroom for those ballroom
licensees wishing to remain open to the public while serving private groups under
a supplemental license issued pursuant to RSA 178:22, V(c)(3);
(3) The holder of a bowling facility cocktail
lounge license shall have:
a. Securable premises in a building open to the
public in which the bowling facility as defined by RSA 175:1, XII shall be
housed; and
b. A separate securable room in the same facility
to house the cocktail lounge;
(4) The holder of a caterer's cocktail lounge
license shall have:
a. For an off-premises caterer's license, either
possession of a convention center cocktail lounge license, a full service
restaurant license or a full service hotel license issued by the commission or premises
required by RSA 175:1, XV(b); or
b. For an on-premises caterer's license,
securable premises in a building with permanent kitchen and dining facilities
as defined by RSA 175:1, XVI, with seating meeting the requirements of RSA
179:27 and the facilities listed below:
1. Kitchen preparation and cooking areas capable
of servicing 100 patrons at a time when the food is prepared and cooked on the
premises, including both hot and cold food preparation areas; and
2. When the food is prepared off the premises by
a subcontractor, kitchens shall have a preparation area, refrigeration, and
warming or holding devices meeting standards required by local or state health
departments pursuant to RSA 143-A, RSA 47:17, or RSA 147:1;
(5) The holder of a college club cocktail lounge
license shall have a securable premises in a building housing the cocktail
lounge facility which is under the control or ownership of that accredited
college or university;
(6) The holder of a military club cocktail lounge
license shall have a securable room which is not open to the public, housing
the cocktail lounge on the premises of a National Guard Armory;
(7) The holder of a private, veterans, or social
club cocktail lounge license shall have:
a. A secured access, by key, electronic pass, or
buzzer system to the premises housing the cocktail lounge facility open to
members and their guests only; and
b. A separate rental hall facility with an
entrance and rest rooms and with either a temporary or permanent service bar
separate from the social or veterans club cocktail lounge for those clubs desiring
a supplemental club license;
(8) The holder of a convention center cocktail lounge
license shall have:
a. Securable premises in a building meeting the
definition of RSA 175:1, XXVI; and
b. Permanent non-moveable partitions separating
the dining room(s) from the cocktail lounge(s) and other convention rooms;
(9) The holder of a golf facility cocktail lounge
license shall have:
a. A golf facility as defined by RSA 175:1, XXXV;
and
b. A securable premises in a building on the
premises of the golf facility;
(10) The holder of a full service hotel cocktail
lounge license shall have permanent non-moveable partitions separating the
dining room(s) from the cocktail lounge(s);
(11) The holder of a one day license cocktail
lounge license shall have:
a. A public building as defined by RSA 175:1, LV-a
that is not the premises of another licensee, but which may be rental facilities
meeting the requirements of Liq 501.13(b) on licensed
social or veterans club premises;
b. A clearly defined area for service for
outdoor areas fenced so as to delineate exactly what
is the lounge area, constructed in such a manner to exclude patrons under age
18 who are not accompanied by a parent or guardian; and
c. A licensed area equipped with at least a portable
service bar as defined by RSA 175:1, LXII at such times as beverage or liquor
are being served or sold;
(12) The holder of a performing arts facility
cocktail lounge license shall have:
a. A performing arts facility as defined by RSA
175:1, LII with audience seating for at least 50 patrons; and
b. Securable premises equipped with at least a
portable service bar as defined by RSA 175:1, LXII, at such times as beverage or
liquor are being served or sold on the premises of the performing arts facility;
(13) The holder of a racetrack facility cocktail
lounge license shall have:
a. Either a pari-mutuel or commercial motor
vehicle racetrack facility as defined in RSA 175:1, LVI;
b. A securable premises in a building on the
premises of the race track facility, or in the case of
a commercial motor vehicle race track facility licensed pursuant to RSA 178:22,
V(n)(2), at least one securable beverage service facility and a beverage storage
area that are secured when unattended;
c. Food service available to patrons; and
d. All service areas for alcoholic beverages other
than the cocktail lounge defined by ropes, barriers or segregated in such a
manner as to be clearly defined, with signs stating they are areas where alcoholic
beverage service is allowed;
(14) The holder of a racquet sports facility cocktail
lounge license shall have:
a. A racquet sports facility as defined in RSA
175:1, LVII; and
b. Securable premises in a building on the
premises of the racquet sports facility;
(15) The holder of a rail car cocktail lounge
license shall have:
a. A securable rail car as defined in RSA 175:1,
LVIII licensed or inspected by the New Hampshire department of transportation
or other applicable agency; and
b. The rail car coupled to the train in such a
manner as not to require passengers under 18 years of age and unaccompanied by
their parent or guardian to be seated or otherwise remain in the cocktail
lounge;
(16) The holder of a full service restaurant
cocktail lounge license shall have:
a. Permanent non-movable partitions separating
the dining room(s) from the cocktail lounge(s); and
b. The cocktail lounge connected to the full service
dining room by an interior connection or by a common foyer that is part of the
licensed premises;
(17) The holder of a ski area cocktail lounge
license shall have:
a. Either a cross country ski facility, or a
downhill ski facility as defined by RSA 175:1, LXIV; and
b. Securable premises in a building on the
contiguous property of the ski area or immediately adjacent to the property of
the ski area;
(18) The holder of a vessel cocktail lounge license
shall have:
a. A vessel as defined by RSA 175:1, LXV;
b. A service bar whether permanent or temporary
at such times as beverage or liquor is being served or sold on the vessel; and
c. A securable area for the storage of their
beverage and wine; and
(19) The holder of a billiards/pool hall license
shall have:
a. Securable premises in a building open to the
public in which the billiard/pool hall facility as defined by RSA 175:1, XI-b
shall be housed;
b. Securable area(s) in the same building to
house the cocktail lounge that shall be either the same area as a. above or accessible
directly from that area; and
c. At least 12 regulation sized, non-coin
operated, pool, billiard, pocket billiard, and/or snooker tables, or any
combination thereof.
Source. (See Revision Notes #1 and #2 at chapter
heading for Liq 700) #13114, eff
9-25-20
CHAPTER Liq 800 EMPLOYEE INCENTIVE PROGRAM
Statutory Authority: Chapter 224:91-Laws of 2011, Liquor Commission; Employee Incentive Program
REVISION
NOTE:
Document #13469, effective 10-22-22, adopted Chapter Liq 800 titled “Employee Incentive Program”, relative to implementing
Chapter 224:91 of the Laws of 2011, which was effective 7-1-11. Chapter 224:91 stated that the Commission “may
develop and implement an employee incentive system for monetary incentives for
its store managers and employees to reward superior customer service, organization
and appearance of retail stores, creativity and attractiveness of displays,
workplace safety records, and other relevant and objective criteria related to
customer service and sales.”
Chapter Liq 800
had formerly been titled “Liquor and Wine Import Warehouser Delivery Program”
and contained rules governing importer warehouse licenses. Document #8126, effective 7-23-04, repealed Chapter
Liq 800 due to the repeal and reenactment of RSA
178:5 by Chapter 231:13 of the Laws of 2003, effective 7-1-03, which removed
the license type from the statutes. The
filings prior to Document #8126 which affected the repealed Liq
800 included the following documents:
#4646, eff 7-6-89
#5043, eff
1-11-91
#6391, eff
11-28-96
PART Liq 801 PURPOSE
Liq 801.01 Chapter 224:91-Laws of
2011, Liquor Commission. Employee
Incentive Program, provides that the:
(a) The purpose of these rules is to implement an employee incentive system for
monetary incentives for its store managers and employees to reward superior customer service,
organization, and appearance of retail stores, creativity and attractiveness of displays, workplace safety records, and other relevant and objective criteria related to customer service and sales.
Source. #13469, eff 10-22-22
(see Revision Note at chapter heading for Liq 800)
PART Liq 802 PERCENTAGE
Liq 802.01 Percentage.
(a) The commission shall apply the employee incentive program based on
geographic regions, each supervised and supported by a regional store superior.
(b) The commission shall determine the amount of
the incentive based on the percentage of the total retail sales increase over
the prior fiscal year for the same quarter.
(c) The commission shall allocate 10 percent of a
geographic area’s qualifying increase in sales over the same quarter of the
prior fiscal year and use this allocation as the fund from which it shall make
incentive payments to eligible employees for that quarter.
(d) The commission shall cap the
allocation of 10 percent of the total retail sales increase at a 5 percent increase over the corresponding quarter
of the prior fiscal year.
(e) The commission shall
determine each employee’s individual incentive payment based on the number of
employees working in the geographic region that quarter and each employee’s
hours worked, with all full-time employees in the region receiving the same
payment based on 40 hours per-week, and part-time employees receiving payments
based on their actual hours worked during the quarter.
Source. #13469, eff 10-22-22
(see Revision Note at chapter heading for Liq 800)
PART Liq 803 ELIGIBILITY
Liq 803.01 Eligibility.
(a)
Full-time employees shall work no less than 520 hours in a quarter and
not be out on paid or unpaid leave for 30
continuous days during the quarter.
(b)
Part-time employees shall work no less than 273 hours in a quarter and not be
out for 30 continuous days during the quarter.
(c)
Full-time and part-time employees that work in the same geographic
region for the entirety of the quarter shall be eligible
for incentive pay.
(d)
If the employee leaves the commission prior to the conclusion of the quarter, he or
she shall not be eligible to receive incentive pay.
(e)
If an employee changes his or her primary retail store location, either
by choice or at the direction of the commission, the employee
shall receive the incentive payment for the geographic region that they began
the quarter in so long as the employee spent at least 8 weeks of the quarter at
issue in the geographic region obtaining the incentive.
(f)
When an employee moves from one geographic region to another over the course of a
quarter and both geographic regions qualify for incentive pay that quarter, the
employee shall receive the higher of the 2 incentive payments.
(g)
When the commission promotes an employee from part-time to full-time,
the commission shall calculate that employee’s incentive payment for the
quarter in which the promotion occurred based on actual hours worked as a
part-time employee and at 40-hours per-week following the promotion.
(h) The commission shall report quarterly to the fiscal committee of the general court on the
status of the incentive program for that quarter.
Source. #13469, eff 10-22-22
(see Revision Note at chapter heading for Liq 800)
PART Liq 804
PAYMENT
Liq 804.01 Payment.
(a)
The commission shall use payroll records to compute each employee’s quarterly hours
worked for the incentive program.
(b)
The commission shall complete this calculation following the issuance of
the paycheck representing the last pay date of the quarter.
(c)
Overtime shall not be included in the compilation of time worked.
(d)
The commission shall make payment when the total sales in a geographic
area increases over the prior fiscal year for the same period by at least
one-half percent.
(e)
The commission shall calculate the incentives quarterly by comparison to
the same quarter of the prior fiscal year.
(f)
The commission shall identify the quarters based on the pay periods of
the state of New Hampshire’s payroll schedule for the given year.
Source. #13469, eff 10-22-22
(see Revision Note at chapter heading for Liq 800)
CHAPTER Liq 900 LICENSEE DISCOUNT,
CREDIT
AND BILLING PROCEDURES
Statutory
Authority: RSA 176:14, 178:26 I-V, and
179:57
PART
Liq 901 SYSTEM
ESTABLISHED
Liq 901.01 Purpose. The purpose of this chapter is to set forth
the processes by which the commission may authorize licensees to make purchases
from the commission on credit, including the terms and conditions that apply to
such purchases, and to establish discounts for liquor and wine purchases made by
on and off-premises licensees.
Source. #4720, eff 1-1-90; ss
by #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #13225, eff 6-30-21
PART Liq 902 APPLICATION PROCEDURE
Liq
902.01 Credit Privilege.
(a) A
licensee’s approval from the commission to make credit-based purchases shall be
deemed a privilege.
(b) No
substantive or procedural guarantees shall attach to this privilege beyond
those set forth in these rules.
Source. #4720, eff 1-1-90;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6974, eff 7-1-99,
EXPIRED:
7-1-07
New. #9227, eff 8-6-08, EXPIRED:
8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
Liq 902.02 Application Form.
(a) Any licensee that has not established a credit
basis with the commission, and seeks to make credit-based purchases from the
commission shall complete and submit on a “Licensee Credit Application” form (revised
2/2021), https://www.nh.gov/liquor/crdtapp200.doc, the
required information.
(b) All requests
for credit shall
be subject to a credit check.
(c) In the event a licensee submits an incomplete
form, such form shall not be processed, and the commission shall notify the
licensee that its application is incomplete.
(d) Licensees with multiple business locations
shall submit a distribution list that sets forth the amount of credit requested for each of the licensees’ business locations.
(e)
Licensees shall provide the commission with a revised distribution list in the event that additional locations are added.
Source. #4720, eff 1-1-90;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6974, eff 7-1-99,
EXPIRED:
7-1-07
New. #9227, eff 8-6-08,
EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21 (formerly Liq 902.01)
Liq
902.03 Credit Approval.
(a)
The commission shall allow a licensee to access credit if it
determines that the
licensee has an acceptable credit history in an amount equal to or exceeding
the requested limit.
(b) The commission shall deem a credit history
acceptable if it establishes that the licensee will repay credited purchase in
a timely fashion, as evidenced by one or more of the following factors:
(1) A demonstrated history of making timely payments
to the commission;
(2) Credit and trade references
establishing that the licensee is credit worthy; or
(3) Any other information establishing that the licensee will timely repay credited purchases.
(c) A new licensee without a credit history
requesting credit who is unable to meet the standards set forth in Liq 902.02(a), shall be
granted credit up
to $2,500 for a probationary period not to exceed 6 months from the time of the first purchase if such amount and time period is calculated to increase commission revenue.
(d) A licensee who is granted credit and maintains
an acceptable credit history with the commission may, at any time, request
additional credit.
(e) The commission shall notify each licensee
applying for credit of the disposition of the application
within 30 business
days of the commission’s receipt of a complete application.
Source. #13225, eff 6-30-21
(formerly Liq 902.02)
Liq
902.04 Completing Forms. Whenever a person is required to complete a
form, as described in RSA 178 and this chapter, the following provisions shall apply:
(a)
Forms shall be filled out completely and truthfully;
(b)
Forms shall be completed in a legible manner;
(c)
Forms shall be completed in non-fading, non-erasable graphic such as ink
or typewritten; and
(d)
Nothing in this section shall be construed
to prohibit completion or filing of forms by electronic means, including
internet based forms, scanned documents, or facsimile, provided that the
division has the capability to accept such submissions and they are not
otherwise specifically prohibited by law or rule.
Source. #13225, eff 6-30-21
PART Liq 903
BILLING AND PRICING OF ORDERS
Liq
903.01 Pricing. The prevailing price on the date that goods
are packed for shipment from a warehouse or at time of purchase at a commission liquor store shall be the price of the merchandise.
Source. #4720, eff 1-1-90;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #9227, eff 8-6-08,
EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
Liq
903.02 Ownership. Ownership of merchandise shall shift to the licensee at the time the merchandise is signed for by the transportation
agent at the shipping point, or at the time the merchandise is purchased at a commission liquor store by the licensee or the licensee’s designated agent.
Source.
#4720, eff 1-1-90; ss by #5043, eff 1-11-91; ss by
#6391, eff 11-28-96, EXPIRED: 11-28-04
New. #9227, eff 8-6-08, EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
Liq
903.03 Payment Deadlines for Credit Purchases. Licensees shall pay for merchandise purchased through credit within 18 calendar days, computed as follows:
(a) For merchandise delivered from a warehouse, the
18-day timeline shall begin on the day the transportation
agent signs for the merchandise;
(b) For merchandise ordered from a commission liquor store,
the 18-day timeline shall begin on the day the licensee or agent
of the licensee takes the merchandise from the store; and
(c)
A payment shall be late if it is not received by the commission on or
before 18 calendar days of the licensee taking ownership.
Source. #4720, eff 1-1-90;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #9227, eff 8-6-08,
EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
PART Liq 904
LATE/NON PAYMENT
Liq 904.01 Operating
Conditions Governing Licensees.
(a) For purposes of this section a
depletion allowance (depletion) shall be the amount the retail
shelf price of a liquor and wine vendor or representative, or liquor or wine
manufacturer licensee’s product at the commission liquor stores is reduced, and a special purchase allowance (SPA) shall be an agreement by such
licensees to reduce the price the commission pays for product in a purchase
order.
(b) A licensee
may offer an SPA to reduce the cost of product on a purchase order for a
specific cost amount and a certain number of product and the commission shall
accept the offer unless, based on inventory, the product and the terms of the
offer, it will not optimize profitability.
(c)
Upon written request by a licensee, the commission shall accept the offer
of a depletion from the shelf price of the licensee’s product for a specific
amount and period of time unless, based on inventory, the
product and the terms of the offer, it will not optimize profitability.
(d)
The licensee shall pay the agreed upon depletion to the commission in
accordance with a schedule agreed upon by the commission and the licensee.
(e) The commission shall track the amount of product
sold and the depletion owed by the licensee.
(f) The commission shall request a depletion from
a licensee regarding a specific product or products if the request is designed
to increase commission revenue. The
licensee shall respond within 7 business days.
(g)
Any licensee or licensee’s agent that
fails to pay the depletion in violation of the agreed schedule shall be assessed
a fee equal to 18% per annum of the amount overdue if the assessment increases
commission revenue.
(h) When any
invoice for merchandise is not paid in full under the terms of Liq 903.03 or there is a return of any payment submitted by
a licensee by a bank or other collection agent, the commission shall suspend
all credit sales of liquor and wine to the licensee
until the account is paid unless, based on the licensee’s history of payments to
the commission and the circumstances of the specific instance of nonpayment,
such a suspension will reduce commission revenue.
(i) When a licensee is late with payment more
than once in the prior 12 consecutive months, the commission shall suspend credit
privileges for up to 6 months unless, based on the licensee’s history of
payments to the commission and the circumstances of the specific instance of
nonpayment, such a suspension will reduce commission revenue. A licensee
seeking to re-establish credit may reapply after the period of suspension
subject to the rules and conditions of this chapter.
(j) When a licensee has 2
or more checks returned within the prior 12 consecutive months due to insufficient
funds, the commission shall require cash, certified check, debit card, or credit
card payments for a period of up to 12 consecutive months after receiving
payment unless, based on the licensee’s history of payments to the commission
and the circumstances of the specific instance of nonpayment, such a suspension
will reduce commission revenue.
(k) The commission shall
apply a fee to checks or money orders returned for insufficient funds, pursuant
to RSA 6:11-a, unless the licensee provides the commission with a written statement
from the issuing institution establishing that the negotiable instrument was returned
due to an error on the part of the drawee.
(l) The
commission shall refer all accounts that are 60 or more days in arrears to the commission’s legal unit or the department
of justice for collection, unless a payment plan under
Liq 904.02 is in effect with the commission.
(m) The licensee
shall, in any event, be responsible for the payment of all protest and bank fees,
if any, in addition to the face value of the check.
(n)
The commission shall cancel telecommunication and internet orders awaiting
payment if payment is not received within 14 days of order placement.
Source. #4720, eff 1-1-90;
ss by #5043, eff 1-11-91; ss by #5180, eff 7-22-91; ss by #6391, eff 11-28-96,
EXPIRED:
11-28-04
New. #9227, eff 8-6-08,
EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
Liq 904.02 Payment Plan.
(a) If a licensee fails to meet the payment requirements
of this chapter, the commission may enter into a
payment plan with the licensee as follows:
(1) The commission shall
notify in writing any licensee whose account is 30 days in arrears of its
delinquency and the commission shall make contact with
the licensee;
(2) Continued failure to pay shall result in a
payment plan with the commission;
(3) The payment plan shall consist of at least 2
and no more than 12 equal consecutive weekly payments, and shall result in the
full satisfaction of the licensee’s outstanding balance with the commission;
and
(4) One total payment on a specified date not
more than 60 days after the payment deadline established in Liq
903.03 shall be allowed under special circumstances impacting the licensee’s
immediate ability to pay, such as:
a. The sale of a business;
b. Removal of a pending lien; or
c. A natural or biological disaster impacting the
business, such as a flood, fire or epidemic.
Source.
#13225, eff
6-30-21
PART Liq 905
BANKRUPTCY
Liq 905.01 Licensee
Bankruptcy. Any applicant for credit,
who has in the past 7 years declared bankruptcy, either personally or as a principal
of a corporation or other business entity, shall be bound by the following
provisions:
(a) If the licensee is other than a natural
person, that entity shall post a bond or irrevocable letter of credit from a
state or federally recognized financial institution in the amount of the credit
requested;
(b) Any licensee who declares bankruptcy shall
forfeit all credit privileges and shall pay for product with cash, certified
check, or debit card while in bankruptcy; and
(c) Upon emerging from bankruptcy, said licensee
may reapply for credit privileges subject to the provisions of this chapter.
Source.
#4720, eff
1-1-90; ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #9227, eff 8-6-08,
EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
PART Liq 906 ERRORS, RETURNS, DISCONTINUED BUSINESS
Liq
906.01 Payment.
(a) Licensees shall pay their account in full within
the 18-day timeline.
(b) In the event there is an alleged error, it shall
be resolved pursuant to Liq 402.01 (h) and Liq 906.02.
Source. #4720, eff 1-1-90;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #9227, eff 8-6-08,
EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
Liq
906.02 Returning Merchandise. Any licensee wishing to return merchandise
shall notify the commission’s marketing bureau’s customer service representative.
(a) Returns of less than $100 may be made to the
licensee’s commission liquor store within 30 days of purchase and shall be
accompanied by the original receipt;
(b) The commission shall accept or reject any
return requests as follows:
(1) In
determining whether to accept a return, the commission shall consider criteria
affecting whether the commission can resell the merchandise, such as the conditions under which the merchandise was stored, the
age of the merchandise, and the merchandise’s overall condition;
(2) If
the commission accepts the return into its inventory, it shall issue a written
acceptance and return merchandise to the commission’s stock account; and
(3) If
a commission liquor store accepts a return, the store shall bring the product into
its inventory.
(c) The licensee shall bear all shipping costs unless
the merchandise was received in defective condition, the merchandise was
shipped by commission error, or the licensee demonstrates that it is
experiencing financial hardship.
(d) Once the commission has accepted merchandise
back into its inventory, the commission shall issue a credit memo to the
licensee’s account.
Source. #4720, eff 1-1-90; ss
by #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #9227, eff 8-6-08,
EXPIRED: 8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
Liq
906.03 Discontinued Business. If a licensed business discontinues operation
while merchandise is in transit, the transportation agent shall return the
merchandise to the warehouse of origin.
Source. #4720, eff 1-1-90;
ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04
New. #9227, eff 8-6-08, EXPIRED:
8-6-16
New. #12210, eff 6-14-17;
ss by #13225, eff 6-30-21
PART Liq 907 DISCOUNT ON SALES TO LICENSEES
Liq 907.01 On-Ppremises Licensees Discounts.
(a) The
commission shall allow discounts for sale of liquor and wine to on-premises
licensees.
(b) The
discount shall be a percentage from the regular retail price F.O.B. the warehouse
as follows:
(1) The discount shall be on case lot orders or
bottles; and
(2) The discount shall be no less than 10%.
Source. #13225,
eff 6-30-21
Liq 907.02 Hours and Procedures. On-premise licensees
approved for credit purchases under Liq 902.02 may
purchase wine and liquor from the warehouse or the commission liquor stores as
provided in Liq 402.01.
Source.
#13225, eff 6-30-21
Liq 907.03 Credit Cards.
(a) Licensees may purchase by
credit card liquor or wine for resale at the warehouse or the commission liquor
stores.
(b) The process for credit card
purchases shall be as specified in Liq 402.01.
Source.
#13225, eff
6-30-21
Liq
907.04 Off-Premises Licensees Schedule.
(a) Off-premise
licensees may purchase fortified wines and table wines by the bottle at the commission
liquor stores or the warehouse.
(b) The process for such purchases
at the commission liquor store or the warehouse shall be as provided in Liq 402.01.
Source.
#13225, eff
6-30-21
Liq 907.05 Off-Premises Licensees Discounts with
Annual Wine Purchases Under $350,000.
(a) The commission shall allow
discounts for sale of fortified and table wines to off-premises licensees with
annual sales under $350,000.
(b) The $350,000 wine purchase
sales shall be calculated by totaling annual sales for all off-premises licenses
held by a licensee under RSA 178:18.
(c) The discount shall be a
percentage from the regular retail price at the warehouse or commission liquor stores
as follows:
(1) The
percentage shall be no less than 15% less than the regular retail price at the
commission liquor stores; and
(2) The percentage shall be no less than 20% less than the regular price F.O.B.
at the warehouse;
(d) The process for such purchases at the commission
liquor store or the warehouse shall be as provided in Liq
402.01.
Source.
#13225, eff
6-30-21
Liq 907.06 Off-Premises Licensees Discounts with
Combined Annual Wine Purchases over $350,000.
(a) The commission shall allow
discounts for sale of fortified and table wines to off-premises licensees with
combined annual sales over $350,000.
(b) The $350,000 annual wine
purchase sales shall be calculated by totaling annual sales for all off-premises
licenses held by a licensee under RSA 178:18.
(c) The discount shall be no less than 10% less
than the regular price F.O.B at the warehouse.
Source.
#13225, eff
6-30-21
Liq 907.07 Discount Adjustments for Off-Premises Licensees.
(a) The commission shall adjust
discounts for off-premises licensees in order to
optimize the profitability of the commission and maintain proper controls, provided
that the commission shall not reduce discounts below the minimum percentages stated
in this rule.
Source.
#13225, eff
6-30-21
CHAPTER Liq 1000 RULES RELATING
TO TOBACCO
PART
Liq 1001 Tobacco Sampling
Liq 1001.01 Proof of Age. No sampler, as defined in RSA 126-K:2,IX,
shall provide any tobacco products, e-cigarettes, or liquid nicotine to any
person without confirming that person’s age under the provisions of RSA 126-K:3.
Source. #6668, eff 1-1-98, EXPIRED:
1-1-06
New. #12082, eff 1-6-17
Liq
1001.02 Distribution. No samples of tobacco products, e-cigarettes
or liquid nicotine shall be distributed in any manner other than directly from
a sampler to a consumer of legal age.
Source. #6668, eff 1-1-98,
EXPIRED: 1-1-06
New. #12082, eff 1-6-17
PART
Liq 1002 DELIVERY
OF TOBACCO PRODUCTS
Liq
1002.01 License Required. An applicant for a Tobacco Sampling License,
Tobacco Vending Machine License or Retail Tobacco License shall follow the application
process as described in Liq 700-705 and shall provide
all information required in Liq 706.01.
Source. #6668, eff 1-1-98,
EXPIRED: 1-1-06
New. #12082, eff 1-6-17
PART
Liq 1003
PACKAGING
Liq 1003.01 Manufacturer’s Packaging Required. Tobacco products, e-cigarettes and liquid
nicotine shall be sold only in the original packaging as provided by the
manufacturer and bearing all federally required warnings, except:
(a)
Cigars which are not available in retail packaging may be sold by the
piece as is customary in the industry; and
(b)
Retailers, wholesalers, or subjobbers may repackage
tobacco products for resale in packaging equivalent to the manufacturer’s original
packaging bearing all required federal warnings.
Source. #6668, eff 1-1-98,
EXPIRED: 1-1-06
New. #12082, eff 1-6-17
PART
Liq 1004
FEDERAL LAW AND RULE APPLICABILITY
Liq 1004.01 Federal Provisions. All New Hampshire tobacco licensees shall
abide by all federal laws, regulations, and rules governing the sale, packaging,
distribution and advertising of tobacco products, e-cigarettes and liquid nicotine.
Source. #6668, eff 1-1-98,
EXPIRED: 1-1-06
New. #12082, eff 1-6-17
CHAPTER Liq 1100 RULES RELATING TO DIRECT SHIPMENT
PART
Liq 1101 CHAPTER
DEFINITIONS
Liq
1101.01 Definition of Terms. The following terms shall be construed for the
purposes of this chapter as set forth below:
(a) “Addressee” means the person named on a direct
delivery invoice;
(b) “Adult” means any individual 21
years of age or older;
(c)
“Commission” means the New Hampshire liquor commission;
(d)
“Direct shipper” means a holder of a direct shipper permit issued by the
commission;
(e) ”Direct shipper permit” means a permit issued
by the NH liquor commission to an individual, corporation, partnership, or
limited liability company that holds a valid liquor license in another state,
to ship beverages, wine, or liquor directly to NH consumers or licensees via a
New Hampshire licensed common carrier;
(f) “Fulfillment house” means a licensed warehouse
located outside of New Hampshire that ships products on behalf of direct shippers
into the State of New Hampshire;
(g)
“Importer’ means an entity that engages in the sale of beverages, wine,
or liquor that are sourced or produced outside of the United States;
(h)
“Licensed common carrier” means the holder of a carrier license issued by
the commission;
(i) “Retail price” means the price the consumer
paid to the direct shipper for beverage, wine, or liquor shipped by direct shippers
into NH. The term shall include all charges
except the actual amount paid by the direct shipper to a licensed common
carrier for delivery;
(j)
“Signature” means an original manual signature or mark; and
(k) “Wine manufacturer” means the holder
of a “Tax and Trade Bureau Producer and/or Blender” (TTB) permit who sells at retail
only those wines produced under that permit.
For the purposes of RSA 178:27, such a wine manufacturer shall not sell
to a New Hampshire consumer any wines produced for other entities under
contract bottling agreements, custom crush, packaging or branding contracts.
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99,
EXPIRED: 1-1-07
New. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20
PART
Liq 1102 OVERLYING
CONDITIONS FOR PERMITS
Liq 1102.01 Permits For Licensees In Their State Of
Domicile. Persons currently licensed in their state of domicile as a wine manufacturer,
beverage manufacturer, importer, wholesaler, or retailer, or equivalents
thereof may apply for a direct shipper permit from the commission pursuant to these
rules.
Source. #12968, eff 1-3-20
Liq 1102.02 Permitees Shipping
Through Licensed Carriers. Direct
shippers shall ship their products through licensed carriers to customers in
the State of New Hampshire consistent with these laws and rules.
Source. #12968, eff 1-3-20
Liq 1102.03 Completing Forms. Whenever a person is required to complete a
form, as described in RSA 178 and this chapter, the following provisions shall
apply:
(a) Forms shall be filled out completely and
truthfully;
(b) Forms shall be completed in a legible manner;
(c)
Forms shall be completed in non-fading, non-erasable graphic, such as ink
or typewritten. Nothing in this section
shall be construed so as to prohibit internet or other
electronic filing of forms when the commission has the capability of authorizing
and processing such forms;
(d) All license applications shall be made in the
name of the proposed licensee and shall be signed and sworn to by the proposed licensee; and
(e) In the case of a partnership, limited liability
company or partnership, or corporate applicant, the application shall be signed
and sworn to by an agent of the business with a valid power of attorney, or by all
partners or by 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.
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99,
EXPIRED: 1-1-07
New.
#9441-A, eff
6-9-11; ss by #12968, eff 1-3-20 (formerly Liq 1102.01)
Liq 1102.04 Fees, Form of Payment.
(a) Payment shall be made in the form of United
States currency, a check, money order, other negotiable instrument payable upon
demand, for the total amount due for each permit sought.
(b)
Such instrument described in paragraph (a) above shall be made payable
to the "State of New Hampshire-Liquor Commission". A suitable alternative term, including but
not limited to, "State of New Hampshire", "State Liquor
Commission", or "Liquor Commission", shall not be cause for refusal
to accept such instrument, providing it does not lend itself to endorsement of the
instrument by any other party other than the state of New Hampshire, nor for
any private individual or purpose.
(c)
Any payment made to the commission by check that is returned as
unpayable for any reason including any penalty assessment pursuant to RSA 6:11-a
shall be replaced by cash, money order, or certified check within 5 business
days after notification of the licensee or one of their employees, or proceedings
for suspension or revocation of the permit shall be initiated.
(d)
Direct shipper permit holders who ship less than 5 shipments into New
Hampshire during a 12-month permit period may, after the permit period has ended,
request a refund in writing from the commission. The commission shall refund 20% of the permit
fee paid multiplied by the difference between 5
minus the number of shipments made during the permit period.
(e) In the event an applicant submits an incomplete
form or fails to comply with an application rule or statute, such applicant's
application shall not be processed and the application form and any licensing fee
pursuant to RSA 178 shall be returned to the applicant with the reasons for the
application not being processed. Notification shall be made in writing
within 30 days.
Source.
#6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99, EXPIRED:
1-1-07
New. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20 (formerly Liq 1102.03)
Liq 1102.05 Applicant Information Required.
(a)
For all new direct shipper applicants,
the following information and documentation shall be required:
(1)
A photocopy of the applicant’s home
state license to sell or manufacture alcoholic beverages shall be attached to the
permit application. The attached license
shall entitle the applicant to engage in its business in its domiciliary state;
(2)
A copy of the applicant’s registration from
his or her state or other governing authority of domicile to conduct business
shall be attached to the permit application;
(3) If the applicant is requesting
the $100 wine manufacturer direct shipper permit, the applicant shall also provide:
a. A copy of the applicant’s TTB Producer/Blender
permit; and
b. A certification on the New Hampshire permit
application that the applicant only sells wine manufactured under that TTB
permit, and
(4) The applicant shall
provide on form D-001 “Direct Shipper Permit Application”, amended 10-31-2019:
a. Business legal name in New Hampshire;
b. Trade name and business physical address
under which the business shall operate in New Hampshire;
c. Whether the business is a single proprietorship,
partnership, corporation, or limited liability company;
d. Business phone number;
e. Business mailing address;
f. Business website;
g. The names and addresses of the business
owners if a single proprietorship or partnership, or the names and addresses of
the corporate officers or members in the case of a corporation or limited
liability company; and
h. A certification
that the applicant agrees to operate in New Hampshire under the requirements of
RSA 178:27, Liq 1100, and all other applicable New
Hampshire laws and liquor rules.
(b) The applicant shall certify that all information
provided is true and correct, and that the applicant agrees to meet the New Hampshire
operating conditions. Applications shall
be signed by the business owner, a partner, corporate officer, member of a
limited liability corporation, or an agent of the business with a valid power
of attorney.
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99,
EXPIRED: 1-1-07
New. #9441-B, eff 6-9-11;
ss by #12968, eff 1-3-20 (formerly Liq 1102.04)
Liq 1102.06 Permit Renewals. Renewal of permits shall be the
responsibility of the permittee. Failure
of the commission to notify the permittee shall not extend the existing permit or
excuse shipment into New Hampshire without a permit.
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99,
EXPIRED: 1-1-07
New. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20 (formerly Liq 1102.05)
Liq 1102.07 Alcohol Consultant Employment By A Direct
Shipper.
(a)
Direct shippers may hire alcohol consultants to perform educational events
and solicit orders on behalf of the direct shipper permittee in New Hampshire.
(b) Direct shippers shall provide the alcohol consultant
a letter of employment as an agent.
(c)
Alcohol consultants shall register with the New Hampshire secretary of
state.
(d) Alcohol consultants employed by a direct shipper
may use the registered trade name of the direct shipper.
(e) Direct shippers shall notify the commission
immediately when alcohol consultants cease employment as an agent.
(f)
Direct shippers shall report and pay direct shipper fees to the commission
on all shipments into New Hampshire that alcohol consultants solicited on behalf
of the direct shipper.
(g)
Direct shippers shall report and pay direct shipping fees to the commission
on all products shipped to alcohol consultants.
Source. #10742, eff 12-10-14;
ss by #12968, eff 1-3-20 (formerly Liq 1102.06)
PART
Liq 1103 SHIPMENT
AND FEE REPORTING
Liq 1103.01 Direct Shipping Reports and Fees Due. Each direct delivery shipper permittee shall
file the following with the commission offices no later than the fifteenth
calendar day of the month following each month for which there are shipments
into New Hampshire:
(a) A completed “Direct Shipping Worksheet” form
D-006, amended 10-31-2019;
(b) Required direct shipment fee payments covering
all deliveries into New Hampshire for the preceding month; and
(c) Copies of all invoices delivered to New Hampshire
or a report of the invoices consistent with Liq
1103.02 (c).
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New.
#6924, eff 1-1-99,
EXPIRED: 1-1-07
New. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20
Liq 1103.02 Direct Shipping Worksheet.
(a) The commission shall provide to each direct delivery permittee at or
prior to initial permit issuance, a “Direct Shipping Worksheet” form D-006.
(b) The permittee shall include the following on
the “Direct Shipping Worksheet”:
(1) The direct shipper name;
(2) The direct shipper address;
(3) The direct shipper permit
number;
(4) The month covered by the
form;
(5) The number of invoices
shipped into New Hampshire during the month;
(6) The dollar total of the above
invoices, including shipping, and with shipping subtracted;
(7) The number of products
shipped;
(8) The total direct shipment
fee owed;
(9) Fulfillment house used, if
applicable; and
(10) A signature attesting to the
accuracy of the “Direct Shipping Worksheet” under the provisions of RSA 641:3.
(c) The permittee shall attach to the “Direct
Shipping Worksheet”:
(1) The names and addresses of
the individuals to whom the alcoholic beverages were shipped;
(2) Product information as follows:
a. For domestic, fortified, and table wine, the vintage, brand, specific variety, and
quantity of each product shipped;
b. For liquor, the manufacturer,
brand, specific types, and quantity of each product shipped; and
c. For beverage or beer, the manufacturer,
brand, specific style, and quantity of each product shipped;
(3) The prices charged for each
product;
(4) The licensed common carrier
used to deliver the alcoholic beverages; and
(5) The licensed common carrier
tracking number used to identify each shipment.
Source.
#6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New.
#6924, eff 1-1-99,
EXPIRED: 1-1-07
New. #9441-A, eff 6-9-11
(para. (a)); #9441-B, eff
6-9-11 (paras. (b) & (c)); ss by #12968, eff 1-3-20
Liq 1103.03
Fulfillment House Requirements. Direct shippers may contract with a fulfillment
house subject to the following requirements:
(a)
The direct shipper shall notify the
commission that it intends to employ a fulfillment house and provide the name
and contact information of the fulfillment house;
(b)
The fulfillment house shall provide, by the 10th
of each month, “Fulfillment House Reports” to the commission that provide the
following information:
(1) The name and physical address of the direct
shippers it has served;
(2) The direct shipper permit number and
expiration date for each of the direct shippers it has served;
(3) The name and physical address of the New
Hampshire consumer; and
(4) The carrier tracking number for the alcohol
shipped, and
(c)
Fulfillment houses that fail to report in
accordance with Liq 1103.03 (b) shall be treated as unauthorized shippers.
Source.
#12968, eff
1-3-20
PART
Liq 1104 LICENSED
COMMON CARRIER REQUIREMENTS FOR DIRECT SHIPMENTS
Liq 1104.01 Record Keeping Requirements.
(a)
Licensed common carriers delivering alcohol from direct shippers or their
fulfillment warehouses shall maintain copies of adult signatures for each
delivery of alcoholic beverages for a period of not less than 6 months from the
date of delivery and make such signatures available to the commission upon request.
(b) Licensed common carriers
delivering alcohol from direct shippers or fulfillment warehouses shall:
(1) Require an adult signature on a signature form
or other format approved by the commission; and
(2) Refuse delivery when:
a. An adult refuses to
personally accept and sign for the alcohol; or
b. The addressee or the adult receiving
the shipment:
1.
Is under age 21;
2.
Appears legally intoxicated;
3.
Appears under the influence of drugs; or
4.
Meets any criteria of Title XIII that makes such delivery of alcohol
illegal by a New Hampshire licensee.
(a)
Licensed common carriers shall report delivery of packages of alcoholic beverages
from direct shippers to the commission monthly so as to arrive by the 10th
day of the month following delivery. The
licensed common carrier shall retain adult signature records for at least 6 months
from the date of delivery.
(b)
Common carrier reports required by (c) above shall contain the following
information:
(1)
Name of shipper and address;
(2) Number of packages shipped;
(3) Name and clarification
that an adult received the package;
(4) Weight of package;
(5) Recipient name and
address;
(6) Business name and
address, if applicable; and
(7) Package tracking number.
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99,
EXPIRED: 1-1-07
New. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20
Liq 1104.02 Warehouse Requirements for Direct Delivery
Shipments.
(a) A warehouse license shall not be required for
direct-shipped alcohol by a licensed common carrier provided
that alcohol is not stored any longer than required for transfer from a
delivery vehicle to the next scheduled local delivery vehicle.
(b) When an adult is not available to sign for the
initial delivery attempt, a licensed common carrier may hold the product for
delivery not more than 7 calendar days without the commission’s approval.
(c)
Alcohol that is refused or undeliverable shall, within 7 calendar days
of receipt in New Hampshire:
(1) Be returned to the direct delivery shipper;
or
(2) The commission shall be notified and the
alcohol held for commission pick up and disposal.
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99,
EXPIRED: 1-1-07
New. #9441-A, eff 6-9-11; ss by #12968, eff 1-3-20 (formerly Liq 1104.03)
Liq 1104.03 Commission Notification.
(a)
The commission shall provide licensed common carriers with lists of active
direct shipper permittees upon request.
(b)
The commission shall once a month provide licensed common carriers a
list of unauthorized direct shippers from whom delivery is prohibited.
(c)
The commission shall notify licensed common carriers, in writing, when a
company is removed from the list of unauthorized shippers subject to RSA
178:14.
(d)
The list of active direct shippers and unauthorized direct shippers shall
also be made available on the commission’s website.
Source. #6837, Interim, eff 9-1-98,
EXPIRED: 12-30-98
New. #6924, eff 1-1-99,
EXPIRED: 1-1-07
New.
#9441-A, eff
6-9-11; ss by #12968, eff 1-3-20 (formerly Liq
1104.04)
Liq 1104.04 Illegal Products. Licensed common carriers shall deliver direct
shipments of alcohol in New Hampshire pursuant to this chapter and Title XIII. Any other deliveries shall be deemed
violations of RSA 178:1, I, and shall be investigated and prosecuted by the commission.
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99, EXPIRED:
1-1-07
New. #9441-A, eff 6-9-11; ss by #12968, eff 1-3-20 (formerly Liq 1104.05)
Liq 1104.05 Illegal Delivery. The commission shall investigate and prosecute
both the individual and the company involved in any delivery violating the
provisions of RSA 179:1 or RSA 179:5, I.
Source. #6837, Interim, eff 9-1-98,
EXPIRED: 12-30-98
New.
#6924, eff
1-1-99, EXPIRED: 1-1-07
New. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20 (formerly Liq 1104.06)
PART
Liq 1105 IDENTIFICATION
REQUIREMENTS
Liq
1105.01 Direct Shipper Package Mark. Each shipment of alcohol into New Hampshire
from a direct shipper shall be clearly marked as “Alcoholic Beverages Adult Signature
Required.”
Source. #6837, Interim, eff
9-1-98, EXPIRED: 12-30-98
New. #6924, eff 1-1-99, EXPIRED:
1-1-07
New. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20
PART Liq 1106 LICENSEE
PURCHASES FROM DIRECT SHIPPERS
Liq
1106.01 Request to Purchase. New Hampshire licensees who wish to obtain
products from direct shippers shall request permission from the commission by
sending a written request to the direct shipping unit of the commission, including:
(a) Product information as follows:
(1) For domestic, fortified, and table wine, the vintage, brand, specific variety, and
quantity of the product or products which the licensee wishes to purchase;
(2) For liquor, the
manufacturer, brand, specific types, and quantity of the product or products
which the licensee wishes
to purchase; and
(3) For beverage or beer, the
manufacturer, brand, specific style, and quantity of each product shipped;
(b) The name of the
direct shipper from whom the licensee wishes to purchase the product; and
(c)
Whether the licensee wants permission for a single order or to purchase
from this source on an ongoing basis.
Source. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20
Liq 1106.02 Commission
Determination. The commission shall,
in a public meeting, determine, pursuant to RSA 176:3, whether to approve the
licensee request for purchase from a direct shipper based on the following:
(a)
Financial impact on commission and state revenue;
(b)
Impact on business relationships with New Hampshire state suppliers; and
(c) If the commission would profit by listing and
selling the products to the licensee.
Source.
#9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20 (formerly Liq 1106.03)
Liq 1106.03 Licensee Notification. The direct shipping unit shall notify the licensee
in writing whether or not the request for purchase was
approved, and of any conditions that the commission attaches to the approval
issued. A copy of the notice shall be
sent to the direct shipper(s) named in the request.
Source. #9441-A, eff 6-9-11;
ss by #12968, eff 1-3-20 (formerly Liq 1106.04)
APPENDIX
RULE |
STATUTE |
|||
Liq 101-104 |
RSA 176:1, 2,
and 2-a, RSA 176:14, I and III and RSA 541-A:16,
I(a) |
|||
|
|
|||
Liq 201 |
RSA 541-A:16 I
(d) |
|||
Liq 202 |
RSA 541-A:16, I (c) |
|||
Liq 203 |
RSA 541-A:16, I
(b)(3) |
|||
Liq 204 |
RSA 541-A:16, I
(b) |
|||
Liq 205 |
RSA 541-A:31-36,
RSA 179:56 |
|||
Liq 206 - 207 |
RSA 541-A:16, I
(b); RSA 541-A:31-36; RSA 176:14, I; RSA
179:56, I; RSA 179:56, III (a) |
|||
Liq 208 |
RSA 178:3, I;
RSA 176:14, VII(b) |
|||
Liq 209 |
RSA 179:56, III
(c); RSA 541-A:30, III |
|||
|
|
|||
Liq 300 |
RSA 176:14, VI;
RSA 176:13, II and RSA 177:7 |
|||
Liq 307.01 |
RSA 176:13, II;
and RSA 176:14, VI |
|||
|
|
|||
Liq 401 - 402 |
RSA 176:11, RSA
176:13; RSA 176:14 |
|||
Liq 402.01 |
RSA 178:28 |
|||
Liq 403 |
RSA 176:14; RSA
179:25 |
|||
Liq 404.01 |
RSA 179:19, VI |
|||
Liq 404.02 |
RSA 178:15; RSA
175:1, XXXVI |
|||
Liq 404.03 |
RSA 179:22, II |
|||
Liq 404.04 |
RSA 179:18, I |
|||
Liq 404.05 |
RSA 178:24 |
|||
Liq 404.06 |
RSA 178:4; RSA
179:23, V |
|||
Liq 404.07 |
RSA 175:1, LX-a |
|||
Liq 405 |
RSA 179:44, II and II-a, RSA 179:18 |
|||
|
|
|||
Liq 601-604 |
RSA 179:56, III
(a), RSA 175:1 |
|||
Liq 603 |
RSA 179:57, I; RSA
178:5, II |
|||
Liq 605 |
RSA 179:57, III;
RSA 126-K |
|||
|
|
|||
Liq 501.01-501.08 |
RSA 178:22, V(h) |
|||
Liq 501.09 |
RSA 179:19, VI |
|||
Liq 501.10-501.14 |
RSA 178:22, V(h) |
|||
Liq 501.15 |
RSA 178: 25 |
|||
Liq 502 |
RSA 178:21,
II(b) and RSA 178:22, V(k) |
|||
Liq 503 |
RSA 178:20 and
RSA 178:21, II |
|||
Liq 505 |
RSA 178:22, V(l) |
|||
Liq 506.01-506.07 |
RSA 178:16 and
RSA 178:26 |
|||
Liq 506.08-506.09 |
RSA 179:33 |
|||
Liq 506:10 |
RSA 178:16 and
RSA 178:26 |
|||
Liq 506:11
(RESERVED) |
|
|||
Liq 506:12-506:13 |
RSA 179:33 |
|||
Liq 506:14
(RESERVED) |
|
|||
Liq 506.15 |
RSA 178:12 and
RSA 178:12-b |
|||
Liq 506.16 |
RSA 178:12, V;
RSA 178:15, VII; RSA 178:12-a, I and VIII; RSA 178:6, VI; RSA 178:7, VI; RSA
178:8, IV; RSA 178:30, V; RSA 178:26; RSA 179:14; RSA 179:35 |
|||
Liq 506.17 |
RSA 178:12, V;
RSA 178:13, IV; RSA 178:12-a, I and VIII; RSA 178:12-b, III; RSA 178:6,
VI; RSA 178:7, VI; RSA 12-b, VI; RSA
178:8, IV |
|||
Liq 506.18 |
RSA 178:12, V;
RSA 178:15, VII; RSA 178:13, IV; RSA 178:12-a, I and VIII; RSA 178:6, VI; RSA
178:7, VI; RSA 178:8, IV; RSA 178:30, V; RSA 178:26; RSA 179:14; RSA 179:35 |
|||
Liq 506.19 |
RSA 176:14, VIII
(b); |
|||
Liq 506.20 |
RSA 178:12, V
and X; RSA 178:15, II; RSA 178:16. |
|||
Liq 506.21 |
RSA 178:8, IV;
RSA 178:12-a |
|||
Liq 506.22 |
RSA 175:22; RSA 176:14;
RSA 179:16 |
|||
Liq 507 |
RSA 178:22, V(e) |
|||
Liq 508 |
RSA 177:9-16 |
|||
Liq 509 |
RSA 178:22, V(v) |
|||
Liq 510 |
RSA 176:14 and
RSA 178:27-a |
|||
Liq 511 |
RSA 178:20-a |
|||
|
|
|||
Liq 702.13(a) |
RSA 178:2, V and
RSA 541-A:30 |
|||
Liq 703 |
RSA 178 |
|||
Liq 704 |
RSA 178:3 and
RSA 176:14, VII |
|||
Liq 704.02(a) |
RSA 178:16, II |
|||
Liq 704.02(b) and
(c) |
RSA 178:26 |
|||
Liq 704.02(d) |
RSA 178:16 |
|||
Liq 705 |
RSA 178:3 |
|||
Liq 705.01 |
RSA 641:3 |
|||
Liq 705.02(e) and Liq 705.03(e) |
RSA 178:6, III |
|||
Liq 705.05(b) |
RSA 348:1 |
|||
Liq 705.06(c) |
RSA 178:8, IV |
|||
Liq 705.06(o) |
RSA 143-A |
|||
Liq 705.07(h) |
RSA 178:9 |
|||
Liq 705.07(i) |
RSA 179:21 |
|||
Liq 705.08(n) |
RSA 179:26; RSA 179:27
and RSA 179:23, IV and V |
|||
Liq 705.10(b) |
RSA 180 |
|||
Liq 705.11(d) |
RSA 178:16, II |
|||
Liq 705.13(h) |
RSA 178:29 II |
|||
Liq 705.13(l) |
RSA 178:18 |
|||
Liq 705.15(a) |
RSA 178:20, I
and RSA 178:21, II(c) |
|||
Liq 705.15(a)(7) |
RSA 143-A |
|||
Liq 705.15(b) |
RSA 178:21,
II(c) |
|||
Liq 705.16(a) |
RSA 143-A |
|||
Liq 705.17(a) |
RSA 143-A |
|||
Liq 705.17(e) |
RSA 179:19 |
|||
Liq 705.18(i) |
RSA 143-A |
|||
Liq 705.19(d) |
RSA 143-A |
|||
Liq 705.19(h) and (i) |
RSA 178:22,
V(e)(2) |
|||
Liq 705.20(e), Liq 705.21(f), and Liq 705.22(g) |
RSA 143-A |
|||
Liq 705.23(d), Liq 705.24(a), and Liq
705.26(d) |
RSA 143-A |
|||
Liq 705.26(f) |
RSA 178:21, I |
|||
Liq 705.27(a)(8)
and Liq 705.27(b)(9) |
RSA 143-A |
|||
Liq 705.27(b)(10) |
RSA 178:22, V(n)(2) |
|||
Liq 705.27(b)(11)(b) |
RSA 179:39 |
|||
Liq 705.28(a) |
RSA 178:20, II;
RSA 178:21, II; and RSA 178:22, V(p) |
|||
Liq 705.28(a)(6) |
RSA 143-A |
|||
Liq 705.28(b) |
RSA 178:20, II
and RSA 178:21, II |
|||
Liq 705.28(b)(1) |
RSA 143-A |
|||
Liq 705.28(b)(3) |
RSA 178:21, II |
|||
Liq 705.28(c) |
RSA 178:22, V(p) |
|||
Liq 705.29(a) |
RSA 178:20, II |
|||
Liq 705.29(a)(3) |
RSA 143-A |
|||
Liq 705.29(b) |
RSA 178:21,
II(a) or (b) |
|||
Liq 705.30(a) |
RSA 178:20, II
and RSA 178:21, II(e) |
|||
Liq 705.30(a)(3)
and (6) |
RSA 143-A |
|||
Liq 705.30(b) |
RSA 178:22,
V(s)(1)(A) |
|||
Liq 705.31(i) |
RSA 178:18 |
|||
Liq 705.32(f) |
RSA 179.33, I
and II |
|||
Liq 705.32(j) |
RSA 180 |
|||
Liq 705.32(k) |
RSA 178:26, I |
|||
Liq 705.32(p) |
RSA 143-A |
|||
Liq 705.33(a) |
RSA 143-A |
|||
Liq 705.34(h) |
RSA 179:5, I |
|||
Liq 705.37(e) |
RSA 143-A |
|||
Liq 705.39(h) |
RSA 179:26, I
& II and RSA 179:23, IV or V |
|||
Liq 705.43(f) |
RSA 143-A |
|||
Liq 706 |
RSA 178:3 |
|||
Liq 706.01(a), Liq 706.03(a), and Liq 706.05(a) |
RSA 143-A |
|||
Liq 706.05(d)(1) |
RSA 179:27 |
|||
Liq 706.05(d)(3) |
RSA 143-A |
|||
Liq 706.06(d) |
RSA 178:16, III |
|||
Liq 706.07(a) and Liq 706.08(b) |
RSA 179:48, IV |
|||
Liq 706.08(d) |
RSA 178:19, III |
|||
Liq 706.09(b)(2) |
RSA 143-A; RSA
47:17; and RSA 147:1 |
|||
Liq 706.09(b)(4) |
RSA 179:27 |
|||
Liq 706.09(c)(1) |
RSA 179:27; RSA
143-A; RSA 47:17; and RSA 147:1 |
|||
Liq 706.09(d)(1) |
RSA 143-A; RSA
47:17; and RSA 147:1 |
|||
Liq 706.09(e)(1) |
RSA 179:27; RSA
143-A; RSA 47:17; and RSA 147:1 |
|||
Liq 706.10(b)(2) |
RSA 143-A; RSA 47:17;
and RSA 147:1 |
|||
Liq 706.10(b)(4) |
RSA 179:27 |
|||
Liq 706.10(c)(1) |
RSA 179:27, RSA
143-A; RSA 47:17; and RSA 147:1 |
|||
Liq 706.10(d)(1) |
RSA 143-A; RSA
47:17; and RSA 147:1 |
|||
Liq 706.10(e)(1) |
RSA 179:27; RSA
143-A; RSA 47:17; and RSA 147:1 |
|||
Liq 706.10(g) |
RSA 179:27; RSA
143-A; RSA 47:17; and RSA 147:1 |
|||
Liq 706.11(d)(2)(b) |
RSA 178:22,
V(c)(2) |
|||
Liq 706.11(d)(2)(c) |
RSA 178:22,
V(c)(3) |
|||
Liq 706.11(d)(4)(b) |
RSA 179:27 |
|||
Liq
706.11(d)(4)(b)(2) |
RSA 143-A; RSA
47:17; and RSA 147:1 |
|||
Liq
706.11(d)(13)(b) |
RSA 178:22, V(n)(2) |
|||
|
|
|||
Liq 801 |
Chapter
224:91-Laws of 2011 |
|||
Liq 802 |
Chapter
224-91-Laws of 2011 |
|||
Liq 803 |
Chapter 224-91-Laws
of 2011 |
|||
Liq 804 |
Chapter 224-91-Laws
of 2011 |
|||
|
|
|||
Liq 901 |
RSA 178:28 |
|||
Liq
902 |
RSA 176:14 |
|||
Liq
903 |
RSA 176:14 |
|||
Liq
904 |
RSA 176:14 |
|||
Liq
905 |
RSA 176:14 |
|||
Liq
906 |
RSA 176:14 |
|||
Liq
907 |
RSA 178:28 |
|||
|
|
|||
Liq 1001.01 |
RSA 126-K:2, IX; RSA 126-K:3 |
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Liq 1001.02 |
RSA 178:19-c |
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Liq 1002 |
RSA 78:2, RSA 178:19-a, 178:19-b,
178:19-c |
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Liq 1003 |
RSA 126-K:8 |
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Liq 1004 |
RSA 78:34 |
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Liq 1100 |
RSA 178:27 |
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Liq 1102 |
RSA 178:27, RSA
178:29 |
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Liq 1102.06 |
RSA 176:14,
178:27-a |
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Liq 1102.07 |
RSA 176:14, 178:27-a |
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Liq 1103 |
RSA 178:27, RSA
179:33, III |
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Liq 1104 and 1105 |
RSA 178:27, RSA
179:5, I |
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Liq 1106 |
RSA 178:27, RSA
179:33, III |
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