TITLE XIII
ALCOHOLIC BEVERAGES

CHAPTER 178
LIQUOR LICENSES AND FEES

Section 178:8

    178:8 Wine Manufacturer License. –
I. Wine manufacturer licensees may ferment fruit or other agricultural products containing sugar to produce table wine, and to produce from that wine fortified wine.
II. Each wine manufacturer in this state shall have the right to sell and to transport and deliver wines manufactured by it directly to the holders of on-premises or off-premises licenses issued by the commission. No wine manufactured in this state by any manufacturer shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.
III. Each wine manufacturer shall have the right to sell at retail or wholesale at its winery, and at retail at one wine manufacturer retail outlet, for off-premises consumption any of its wines. The wine manufacturer shall pay an annual fee of $216 to the commission for the wine manufacturer retail outlet. The wine manufacturer may transport wines it manufactures to its wine manufacturer retail outlet for sample or sale. Visitors of legal drinking age at the manufacturing location or wine manufacturer retail outlet may be provided with samples of wine manufactured by the licensee in this state for tasting. A wine manufacturer may either provide samples for free or for a fee which shall be limited to one 2-ounce sample per label or one 5-ounce glass per person. At such times as food is available, a wine manufacturer may serve no more than 2 5-ounce glasses per person in any areas approved by the commission. For the purpose of this section, food and non-alcoholic beverages may be provided by a properly-licensed third party food vendor, prepared on or off the premises. Pursuant to rules adopted by the commission, a wine manufacturer may transport its products to a farmers' market or a wine festival licensed under RSA 178:31, and may sell such products at retail in the original container.
IV. Each wine manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under this section and shall pay to the commission monthly a fee equal to 5 percent of such sales on or before the fifteenth day of the month following the sale.
V. Each wine manufacturer shall have the right to transport wines manufactured by it to the state border for transportation and sale outside the state.
VI. Each wine manufacturer shall have the right to hire sales representatives subject to RSA 179:11 as it desires, and shall have the right to solicit sales of its wines directly to retail licensees.
VII. The holder of a wine manufacturer license, or designee, may be issued an on-premises license at the discretion of the commission. The annual fee each license issued under this section shall be as required under RSA 178:29. For the purposes of this paragraph, the on-premises license may be on the premises of the manufacturer facility or on the premises of the wine manufacturer retail outlet.
VIII. [Repealed.]
IX. A wine manufacture licensee may be issued a tenant wine manufacturer license under RSA 178:8-a if the licensee meets the requirements of RSA 178:8-a. Wines produced or packaged by a wine manufacturer licensee as a tenant wine manufacturer at a host manufacturers' facility shall be included in the production reports submitted to the commission. No alcohol may be sold by the wine manufacturer in any manner which is inconsistent with the provisions of this title.
X. A wine manufacturer may enter into a contract wine manufacturer arrangement with a contract wine manufacturer, manufacturing in the state of New Hampshire after the wine manufacturer has been in operation for one year. Wine produced by a contract wine manufacturer intended for sale outside the state may be warehoused at the contract wine manufacturer's facility or at some other facility accessible only to the wine manufacturer. A contract wine manufacturer shall not deliver wine to on-premises and off-premises licensees within the state. A wine manufacturer shall file all contract wine manufacturer arrangements with the commission.
XI. The wine manufacturer shall submit to the liquor commission an annual report of all wines by:
(a) The wine manufacturer on-site.
(b) Any tenant wine manufacturer.
(c) Any contract wine manufacturer the wine manufacturer has contracted with under paragraph X.
XII. All taxes due on product that is made by a contract wine manufacturer shall be paid by the wine manufacturer.

Source. 2003, 231:13. 2011, 165:1. 2012, 142:2, eff. June 7, 2012. 2015, 9:3, eff. July 1, 2015. 2017, 123:2, eff. July 1, 2017. 2018, 285:1, eff. June 21, 2018. 2019, 34:2, eff. May 15, 2019. 2023, 202:3, eff. Jan. 1, 2024. 2024, 184:1, eff. Sept. 10, 2024; 338:6, eff. Oct. 1, 2024; 381:9, II, eff. July 1, 2024.