Liq 100-500

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

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.

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.

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 #1:

Document #5180, effective 7-22-91, made extensive changes to the wording and format of Chapter Liq 200. Document #5180 superseded all prior filings for the sections in this chapter. The filings prior to Document #5180 for former Chapter Liq 200 included 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 the former Chapter Liq 200 were out of effect between 12-26-90 and 1-11-91.

The rules in the former Chapter 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 were amended and renumbered in Liq 200 by Document #5180. Former Liq 201.01 was amended and renumbered as Liq 202.01. Former Liq 202.01 was amended and renumbered as Liq 201.01. Former Liq 202.02 was amended and renumbered as Liq 201.02. Former Liq 202.03 was amended and renumbered as Liq 201.03. The rules in the former Part Liq 203 were amended and incorporated into different sections of Liq 200 by Document #5180.

Former rules Liq 602.03 through Liq 602.09 were 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.

REVISION NOTE #2:

Document #13992, effective 5-31-24, adopted, repealed, readopted, or readopted wth amendment all of the rules in Chapter Liq 200 titled “Procedural Rules.” These actions made extensive changes to the former Chapter Liq 200, especially in Part Liq 201 through Part Liq 205. Document #13992 repealed Part Liq 201 through Part Liq 203, deleted reserved number Part Liq 204, repealed Part Liq 205, Part Liq 207, and Part Liq 208, and readopted with amendment Part Liq 206, formerly titled “Procedures and Considerations after Adjudicative Hearings” and now titled “Procedures and Considerations after Adverse Commission Order”. Document #13992 also readopted Part Liq 209 without change.

Document #13992 also adopted new Part Liq 201 through Part Liq 205. Document #13992 adopted Part Liq 207 and Part Liq 208, which retained the structure of the former Part Liq 207 and Liq 208.

Part Liq 201 was formerly titled “Declaratory Ruling Procedures” and is now titled “Definitions”. Part Liq 202 was formerly titled “Petitions for Rulemaking” and is now titled “Declaratory Ruling Procedures”. Part Liq 203 was formerly titled “Rulemaking Hearings Procedures” and is now titled “Petitions for Rulemaking”. Part Liq 204 was formerly reserved after its rules expired 7-1-14, and it is now titled “Rulemaking Public Hearings and Comment Procedures”. Part Liq 205 was formerly titled “Adjudicative Hearings and Other Hearings” and is now titled “Adjudicative Proceedings and Nonadjudicative Processes”. Liq 207 is still titled "Petitions for Revocation”, and Part Liq 208 is still titled “Licensing Process”. Part Liq 209, which was readopted, is still titled “Suspensions of Licenses Prior to a Hearing.”

Document #13992 replaces all prior filings affecting the rules in the former Chapter Liq 200.

The prior filings for the rules in the formerly reserved Part Liq 204 since Document #5180, effective 7-22-91, included the following documents:

#6545, eff 7-23-97

#6667, eff 1-1-98,

#8531, INTERIM, eff 12-31-05, EXPIRED 6-29-06

#7061, eff 7-23-99

#8670-B, eff 7-1-06, EXPIRED 7-1-14 (Liq 204 reserved)

The prior filings since Document #5180 for Part Liq 201 through Part Liq 203 and Part Liq 205 through Part Liq 209 included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#6545, eff 7-23-97

#6667, eff 1-1-98,

#8531, INTERIM, eff 12-31-05, EXPIRED 6-29-06

#7061, eff 7-23-99 (Liq 207)

#8670-A, eff 7-1-06 (Liq 201-Liq 203 and Liq 205)

#8670-B, eff 7-1-06, EXPIRED 7-1-14 (Liq 204 and Liq 206-Liq 208)

#12207-A, eff 6-14-17 (Liq 207 and Liq 208)

#12207-B, eff 6-14-17 (Liq 209)

#12208, eff 6-14-17

As practice and procedure rules, the rules in Document #13992 will not expire except pursuant to RSA 541-A:17, II.

PART Liq 201 DEFINITIONS

Liq 201.01 Definitions.

(a) “Address” means a postal address or, for the purposes of electronic communication, a fax number, or an e-mail address.

(b) "Adjudicative proceeding" means the procedure followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

(c) "Administrative fine" means any dollar amount allowed by law which is assessed by the commission for any violation of statute, order, or administrative rule.

(d) "Administrative notice" means the final disposition in an adverse commission order that results in an administrative penalty and remains on a licensee’s violation history. It does not include an administrative notice issued by the marketing division pursuant to Liq 401.03.

(e) "Administrative penalty" means conditions, administrative fine, points, suspension, or revocation.

(f) "Aggravated violation" means any violation of statute, rule, or commission order that endangers the public or results in serious bodily injury or death.

(g) "Aggravating factor" means any conduct described in Liq 602.02 (c).

(h) “Chairman” means the chairman of the New Hampshire liquor commission.

(i) "Commission" means the New Hampshire liquor commission.

(j) "Commission order" means a document issued by the commission, the director, or the presiding officer making factual findings, declaring rights of parties, requiring a person to do or abstain from doing something, or determining a person's rights or privileges.

(k) "Contested case" means “contested case” as defined in RSA 541-A:1, IV, namely “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.”

(l) "Director" means the director of the division of enforcement and licensing.

(m) “Division” means the division of enforcement and licensing.

(n) “Document” means any accounts, books, contracts, records, memoranda, and papers of any kind whatever including electronically stored material.

(o) "File" means to place a document in the actual possession of the commission.

(p) “Final recommendation of commission action” means the document reviewed by the division,

provided to the presiding officer, and served on the licensee with a hearing notice.

(q) "Hearing" means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36,” .

(r) “Hearing notice” means a document containing the docket number and the schedule for a hearing.

(s) "Investigator" means a liquor enforcement officer who is authorized under RSA 126-K:9, RSA 176:9, and RSA 179:59 to enforce statutes administrative rules and commission orders.

(t) "License" means the authority granted by the commission to engage in the sale of liquor, wine, beverages, tobacco products, or e-cigarettes otherwise unlawful unless evidenced by such document.

(u) “Licensee” means the person to whom a license of any kind is issued by the commission.

(v) "Licensing" means the process including but not limited to the issuance, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license, or the imposition of terms for the exercise of a license.

(w) "Mitigating factor" means any conduct described in Liq 602.02 (d).

(x) "Nonadjudicative processes” means nonadjudicative processes as defined by RSA 541-A:1, X, namely, all agency procedures and actions other than an adjudicative proceeding.

(y) "Party" means ‘party’ as defined by RSA 541-A:1, XII, namely, each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.

(z) "Person" means "person" as defined by RSA 175:1, LIII, RSA 126-K:2, VI, or RSA 541-A:1 XIII, as applicable, and includes any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency or commission.

(aa)“Petition" means any application, complaint, request, or other communication to the commission other than a motion, seeking an order, license, or other relief.

(ab) "Point" means a numerical value assigned to a violation, used to determine a licensee's overall record for an administrative penalty or renewal of license.

(ac) "Presiding officer" means that individual to whom the chairman has delegated the authority to preside over a proceeding, if any; otherwise, it means the chairman.

(ad) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact is more probable than not to be true.

(ae) “Public hearing and comment” means ‘public hearing and comment’ as described by RSA 541-A:11, I. (a), namely, at least one public hearing held on all proposed rules filed pursuant to RSA 541-A:3 that affords all interested persons reasonable opportunity to testify and to submit data, views, or arguments in writing or in electronic format, in accordance with the terms of the notice filed pursuant to RSA 541-A:3, I.

(af) “Recommendation of commission action” means the allegation of violation served on the person in charge of the premises licensed by the commission, by, or at the direction of, an investigator, setting forth the statute(s), commission orders, or rules violated, the facts supporting the violation(s), and the division’s recommendation.

(ag) "Revocation" means to void, annul by recalling, withdraw, or rescind any license issued by the commission.

(ah) “Serious bodily injury” means any harm to the body which causes severe, permanent, or protracted loss of or impairment to the health or of the function of any part of the body.

(ai) "Signature" means a person's written name used as a form of identification, whether in original, photocopied, or electronic form.

(aj) "Suspension" means that the license allowing sale of alcoholic beverages or tobacco, as applicable, is to be discontinued until such time as the suspension ends.

(ak) "Violation" means failure to comply with the requirements of RSA 175 through RSA 180, RSA 126-K, the commission administrative rules, or a commission order.

(al) “Violation history” means the record of violations.

(am) "Warning" means the final disposition in an adverse commission order that remains on the licensee’s violation history but does not impose an administrative penalty.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

PART Liq 202 DECLARATORY RULING PROCEDURES

Liq 202.01 Interpretation of Statutes/Administrative Rules. Any question relating to the specific applicability of RSA 175 through RSA 180, RSA 126-K relating to the commission, administrative rules adopted by the commission, or a commission order shall be submitted in writing as a petition to the commission requesting a declaratory ruling.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 202.02 Declaratory Rulings by Commission.

(a) The chairman or the chairman’s designee shall, within 30 calendar days after submission of a petition under Liq 202.01, make a declaratory ruling in writing to the petitioner.

(b) The chairman or the chairman’s designee shall notify the petitioner in writing of the reason for delay if more than 30 calendar 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 chairman or the chairman’s designee shall make a declaratory ruling within 30 calendar days.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

PART Liq 203 PETITIONS FOR RULEMAKING

Liq 203.01 Petition for Adoption of Rules.

(a) Any person may petition the chairman 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;

(3) If amendment or repeal of a rule is sought, include the specific section numbers and the

precise text of the existing rule or rules that the petitioner seeks to amend or delete;

(4) If amendment or adoption of a rule is sought, include the specific section number or numbers at issue, or the new section number or numbers proposed, and the precise new language proposed; and

(5) State clearly:

a. The name and address of the petitioner and their representative, if any;

b. All relevant supporting information and arguments; and

c. Identification of any statutes, rules, or other authority which authorize the commission to act as requested.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 203.02 Process. Upon receipt of a complete petition as described in Liq 203.01, the commission shall follow the process provided in RSA 541-A:4.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

PART Liq 204 RULEMAKING PUBLIC HEARINGS AND COMMENT PROCEDURES

Liq 204.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings and comment concerning rulemaking.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 204.02 Scope.

(a) These rules shall apply to all public hearings and comment conducted by the commission to solicit public comment concerning rulemaking.

(b) If any requirement set by these rules conflicts with an applicable statute, that statutory authority shall control.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 204.03 Notice. Notice for public hearings and comment concerning rulemaking shall appear within the commission state liquor stores at least 20 calendar days prior to the hearing date(s) and shall provide the same information as required by RSA 541-A:6.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 204.04 Moderator.

(a) The public hearing shall be presided over by a moderator who shall act as the presiding officer.

(b) The moderator shall:

(1) Call the public hearing to order;

(2) Make a recording of the public hearing;

(3) Allow participation as specified in Liq 204.06;

(4) Remove or have removed any person who disrupts the public hearing; and

(5) Close the public hearing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 204.05 Media Access.

(a) Public t hearings shall be open to print and electronic media.

(b) Television cameras shall only be placed in designated locations in the hearing room and interviews shall not be conducted in the hearing room during the hearing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 204.06 Public Participation.

(a) Any person who wishes to speak on the issue or issues that are the subject of the public hearing shall place their name, contact information, and the names and addresses of organizations, entities, or other persons whom they represent, if any, 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 receive an opportunity to speak at the public hearing.

(c) The moderator shall recognize speakers who have not put their names and contact information on the speakers list after those who were on the speakers list have spoken.

(d) The commission through the moderator shall:

(1) Refuse to recognize a person who refuses to give their full name and contact information;

(2) Limit the amount of time each speaker may speak to a reasonable time, considering the number of people who wish to speak;

(3) Limit a group to no more than 3 spokespersons, provided the members who are present may enter their names and contact information into the record as supporting the position by the group or organization; and

(4) Revoke recognition of a speaker who refuses to keep their comments relevant to the issue or issues that are subject of the hearing, exceeds the specified time limitations, or is otherwise disruptive to the hearing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

PART Liq 205 ADJUDICATIVE PROCEEDINGS AND NONADJUDICATIVE PROCESSES

Liq 205.01 Purpose. This part shall provide the rules of practice and procedure for the conduct of adjudicative proceedings in contested cases and nonadjudicative processes.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.02 Applicability.

(a) Any statement required by the commission or law, made under oath and known to be false, shall constitute sufficient cause for the denial or revocation of a license.

(b) All licenses issued by the commission under RSA 175 through RSA 180 automatically expire at the end of the licensing year with no presumption of renewal.

(c) Pursuant to RSA 178:3, X any applicant denied a new or renewal license shall be granted a hearing upon the applicant’s request.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.03 Presiding Officer; Withdrawal and Waiver of Rules.

(a) All hearings shall be conducted by a presiding officer.

(b) A presiding officer shall as necessary:

(1) Schedule and hold hearings;

(2) Regulate and control the course of a hearing;

(3) Facilitate an informal resolution of a hearing;

(4) Administer oaths and affirmations;

(5) Issue subpoenas to compel the attendance of witnesses at hearings or the production of documents as provided in RSA 179:56, I;

(6) Receive evidence at hearings, including oral testimony and documentary evidence, as provided in RSA 541-A:33;

(7) Rule on procedural requests, including adjournments or continuances at the request of a party or at the presiding officer’s discretion;

(8) Question any person who testifies;

(9) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(10) Take any other action consistent with applicable statutes, rules, and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

(c) Unless waived by the parties, at the presiding officer’s discretion, or upon the motion of any party, a presiding officer shall, for good cause withdraw from any hearing.

(d) Good cause shall include but not be limited to if a presiding officer:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial interest or family relationship, within the third degree of relationship, with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that the presiding officer has prejudged the facts of a case; or

(3) Believes that the presiding officer cannot fairly judge the facts of a case.

(e) Mere knowledge of the issues, the parties, or any witness shall not constitute good cause for withdrawal.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.04 Filing of Documents.

(a) All documents filed under this part shall:

(1) Unless provided solely in electronic format, be on good quality, non-clinging paper, 8-1/2 x 11 inches in size, clear, legible, and printed only on one side of the page or typed in clear size 12 font;

(2) Contain the title of the proceeding and the docket number when assigned on the first page;

(3) Be dated and signed; and

(4) State the signer's title, if applicable, and e-mail address, and telephone number.

(b) A document conforming to the above requirements shall be considered filed with the presiding officer when it is actually received by the office of the commission in hard copy through the mail or at HearingsOffice@liquor.nh.gov.

(c) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be served by that party on all other parties to the proceeding.

(d) All notices, orders, decisions, or other documents issued by the presiding officer or commission shall be served on all parties to the proceeding.

(e) Service of all documents relating to a proceeding shall be made by personal delivery, e-mail, or first-class mail, postage prepaid, addressed to the last address given to the commission by the party.

(f) When a party appears by a representative, service of a document on the party's representative at the postal or e-mail address stated on the appearance shall constitute delivery to the party.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.05 Signature and Certification of Veracity.

(a) All petitions, motions, objections, and replies filed with the presiding officer shall be signed by the party, or if represented, by their 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) To the best of the signer’s information, knowledge, or belief, there are reasonable grounds to support it; and

(4) Has not filed it for the purpose of delaying the proceedings or any other improper purpose.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.06 Waiver or Suspension of Rules by Presiding Officer. The presiding officer, acting at the presiding officer’s discretion, or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to parties when the proposed waiver or suspension is lawful, and more likely to promote the fair, accurate, and efficient resolution of pending issues than adherence to a particular rule or procedure.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

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;

(2) Include the last day of the period unless it is a Saturday, Sunday, federal, or state legal holiday, in which event the period shall run to the end of the next day that is not a Saturday, Sunday, federal, or state legal holiday; and

(3) Unless otherwise provided by rule or statute, all time periods for days shall be calendar days.

(b) When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, federal, and state legal holidays shall be excluded from the computation.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.08 Limitations.

(a) Prosecutions shall be commenced within the following time periods:

(1) Violations, 2 years;

(2) Aggravated violations that endanger the public or result in serious bodily injury, 2 years; and

(3) Aggravated violations involving a fatality, 3 years provided that the violation was not discovered, and could not reasonably be discovered, by the division within 2 years.

(b) Time shall begin to run on the day after a violation occurs or, in the case of a violation comprised of a continuous course of conduct, on the day after that conduct or the licensee’s complicity thereinterminates.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.09 Settlements.

(a) In the case of a violation as defined by Liq 201.01(ak), except aggravated violations as defined in Liq 201.01(f), the director or the director’s designee and the licensee shall consult on a settlement by a nonadjudicative process in advance of an initial hearing. No party shall be required to settle.

(b) Upon agreement, if any, the parties shall complete a Form E-153 “Terms and conditions of Settlement” (revised 6/2024) containing the terms of settlement.

(c) The agreement shall not be final and binding until all parties sign the document, the presiding officer issues a commission order after a hearing, and all parties receive copies of the fully executed document. Upon agreement of the parties, the presiding officer shall waive the hearing or review the settlement document in a remote proceeding.

(d) By signing the document, the parties agree to the settlement in lieu of an adjudicative proceeding 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 #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.10 Standard and Burden of Proof. In all proceedings governed by this chapter the party asserting the affirmative of proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.11 Appearance Before the Presiding Officer.

(a) An individual shall file a written appearance in a proceeding either on the individual’s own behalf or by a representative appointed in writing by the individual no later than 10 calendar days prior to the hearing.

(b) Persons other than individuals shall file a written appearance by:

(1) A licensed attorney;

(2) An officer, director, member, owner, or designated manager; or

(3) A representative of good character appointed in writing by an individual with authority to act for the person.

(c) Anyone who ceases a representation for which a written notice of appearance is filed shall immediately file a written notice of withdrawal of appearance.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.12 Recommendation of Commission Action and Hearing Notice.

(a) When a violation occurs, a recommendation of commission action” shall be served on the licensee. The recommendation of agency action shall include the licensee’s name and license number, the facts supporting the alleged violation, and the law or rule allegedly violated.

(b) After service, the recommendation shall be reviewed by a division supervisor and approved in its final form

(c) The final recommendation of commission action of administrative notice or contested waiver shall be filed with the presiding officer within 30 days of initial service on the licensee.

(d) The presiding officer shall issue a hearing notice after receiving the recommendation of commission action. The hearing notice shall include the time, date, and location of the hearing.

(e) The presiding officer shall serve the hearing notice and the final recommendation of commission action on the division and the licensee within 30 days after receipt of the final recommendation of commission action.

(f) The hearing notice shall contain the docket number and the date for a hearing, which shall be at least 60 days from the date of service.

(g) The docket number shall appear on all subsequent pleadings by the parties and orders or decisions of the commission.

(h) The presiding officer shall carry out service in the following manner:

(1) The presiding officer shall serve the hearing notice and final recommendation upon all parties to the proceeding by certified mail, e-mail, or by personal service, at least 60 days before the first hearing date;

(2) The date of service shall be the date of personal delivery, receipt of certified mail, or date sent by e-mail; and

(3) Service to the licensee at the address provided to the commission pursuant to RSA 178:3, VIII or the address provided by the licensee’s representative shall constitute prima facia evidence that the licensee received the document.

(i) Upon a written motion to change a hearing date showing good cause, which shall include, but not be limited to a party requesting a speedy hearing, the presiding officer shall reschedule the hearing, provided that the change does not result in prejudice to any party.

(j) The presiding officer shall provide reasonable notice of any change to the hearing notice to all parties. All hearing notices shall be prepared and forwarded to all parties or their representatives to afford all parties sufficient opportunity to prepare for and develop the issues to be considered and decided at the hearing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.13 Production of Information. The director shall provide the party or the party’s duly appointed representative with all exculpatory evidence, reports, and a list of any documents obtained during an investigation within 15 days after the service of the hearing notice. Production of newly obtained evidence shall be an ongoing obligation for the director.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.14 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 requests 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 licensee, if any, against whom the petitioner complains, or against whom the petitioner requests 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 statement admitting or denying the authority identified in support of the action requested by the petitioner;

f. 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

g. The action which the respondent requests the 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 states that the respondent lacks sufficient information to deny or admit the fact; and

(6) The petitioner shall be presumed to deny all allegations in the reply and no response shall be permitted to the reply without advance authorization requested from and granted by the presiding officer for good cause.

(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 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 requests the presiding officer to take on the motion; and

c. The statutes, rules, order, or other authority relied upon in opposition to 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) All motions shall be decided upon the writings submitted or statements made during an oral session of a proceeding;

(7) Repetitious motions shall not be accepted;

(8) Unless provided by statute, this chapter, or orders of a court, objections to written 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. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.15 Exhibits.

(a) The division shall mark all exhibits with numbers and the other party(ies) shall mark all exhibits with capital letters. If there are multiple other parties, each party’s exhibits shall also be marked with its name.

(b) Other than original documents, all exhibits shall be PDF documents and bates stamped.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.16 Calendar of Hearings. The person delegated authority by the chairman shall maintain a calendar of all hearings scheduled before the commission.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.17 Pre-Hearing Conferences.

(a) Any party may request, or the presiding officer shall schedule at the presiding officer’s discretion, one or more nonadjudicative pre-hearing conferences in accordance with RSA 541-A:31, V and RSA 541-A:38.

(b) The presiding officer shall provide notice to all parties prior to holding any pre-hearing conference.

(1) Offers of settlement;

(2) Changes to standard procedures desired during the hearing, by consent of the parties;

(3) Consolidation of examination of witnesses by the parties;

(4) Stipulation of the maximum and minimum penalties for the alleged offense under statute or rule;

(5) Stipulation of the issues;

(6) Stipulations or admissions of the issues of fact or proof;

(7) Limiting the number of witnesses;

(8) Stipulation as to the recommendation of the director or the director’s designee for the disposition of the alleged violation;

(9) Identification of, and stipulation to, evidence and exhibits; and

(10) Any other matters that may aid in the disposition of the case.

(d) The presiding officer shall issue and serve upon all parties a pre-hearing order incorporating the matters determined at the pre-hearing conference.

(e) Any party to a pre-hearing conference may waive their right to a hearing based on the stipulations agreed to, provided that any such stipulations and waiver are signed in writing or are electronically recorded with the consent of the party.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.18 Role of Division Staff and Complainants.

(a) Division staff shall participate in adjudicatory proceedings as assigned by the director.

(b) Unless called as a witness or granted party or intervener status, a person who initiates an investigation by petition, complaint, or other inquiry to the commission about the conduct of a licensee who becomes a party shall have no role in any enforcement or disciplinary hearing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.19 Intervention, Joinder, and Severance.

(a) Petitions to intervene in an adjudicative proceeding shall meet the following requirements:

(1) Petitions for intervention shall be filed at least 3 business days before the commencement of a hearing or at any time if the presiding officer determines that such intervention is in the interests of justice and shall 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 shall 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 that are applicable if the intervenor 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.

(b) Joinder and severance shall be carried out in the following manner:

(1) Whenever it appears to the presiding officer, upon motion or at the presiding officer’s discretion, that 2 or more proceedings involve substantially similar or substantially related issues, the presiding officer shall join those proceedings for hearings, decision, or both, provided no party shall be prejudiced by the joinder; and

(2) Whenever it appears to the presiding officer, upon motion or at the presiding officer’s discretion, that prejudice to a party or parties or undue delay might be avoided, the presiding officer shall sever one or more issues or parties, and dispose of those issues in a separate proceeding.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.20 Conduct of Hearings.

(a) All parties shall have the opportunity to present testimonial and documentary evidence, cross-examine adverse witnesses, and make opening and closing statements.

(b) 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 that is irrelevant, immaterial, unduly repetitive, or legally privileged shall be excluded; and

(4) Evidence may include, but not be limited to, depositions, affidavits, official documents, and testimony of witnesses.

(1) Officially notice facts;

(2) So state in the official record; and

(3) Set a time for any party to show the contrary.

(d) Any person offering testimony, evidence, or arguments shall state for the record their name, and role in the proceeding and if the person is representing another person, the represented person shall also be identified.

(e) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call;

(2) The opposing party or parties and such witnesses as the party may call;

(3) Rebuttal witnesses; and

(4) Surrebuttal witnesses.

(f) During a hearing, the process shall be:

(1) In a hearing concerning proof of an alleged violation, the director or the director’s designee shall open the proceedings through presentation of the director’s witnesses and exhibits;

(2) The presiding officer shall, if the presiding officer has questions, ask them of the witnesses during or subsequent to direct or cross-examination;

(3) The opposing party may present witnesses, their own statements, or choose to provide a narrative presentation of their testimony;

(4) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered; and

(5) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless a party establishes that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or other applicable law.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.21 Continuances.

(a) Any party to an adjudicative proceeding may make an oral or file a written motion with the presiding officer establishing good cause that a hearing or the time provided for the filing of any documents be continued to a later date or time. Written motions shall be filed at least 5 days before the hearing.

(b) Good cause shall include but not be limited to the unavailability of parties, witnesses, or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement, or any other circumstances that demonstrate that a continuance will assist in resolving the case fairly.

(c) If the later date, time, and place are known at the time the continuance is granted, the date, time, and place shall be stated on the record. If the later date, time, and place are not known at the time the continuance is granted, the presiding officer shall issue a written scheduling order stating the date, time, and place of the new hearing as soon as practicable.

(d) Any party to whom notice was served in accordance with this chapter who fails to appear and

advise the commission of inability to appear prior to the start of the hearing at which evidence shall be presented, shall be in default. The presiding officer shall either:

(1) Dismiss the proceeding if the party with the burden of proof fails to appear; or

(2) Hear the testimony and receive evidence by offer of proof from the party with the burden of proof.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.22 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.

(a) At least 20 days before a scheduled evidentiary hearing, the parties shall serve each other and file with the presiding officer a list of all witness’s names and addresses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

(b) Absent a showing of accident, mistake, or misfortune, only witnesses listed in the pre-hearing disclosure shall be allowed to testify and only documents or exhibits, so listed, shall be received in evidence.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.23 Motions to Compel Production of Information.

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with Liq 205.21. The motion shall be filed at least 15 days before the hearing.

(b) The moving party’s motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(d) When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion and shall continue the hearing as may be necessary to assure complete production of information.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.24 Record of the Hearing.

(a) The commission shall record the hearing by tape recording or other method that will provide a

verbatim record.

(b) If any person requests a transcript of the taped record and provides payment for the cost of the transcription, the commission shall cause a transcript to be prepared and shall provide copies of the transcript to all parties.

(c) At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the commission at the requesting party’s expense. A request for a certified shorthand court reporter shall be filed at least 10 business days prior to the hearing.

(d) The record of the proceeding shall be maintained for a period of one year from the date of the final commission order.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.25 Proposed Findings of Fact and Conclusions of Law.

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

(b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.26 Closing the Record.

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraph (b) of this section and Liq 205.24.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing.

(c) If the other parties to the hearing have no objection, or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.27 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, at the presiding officer’s discretion, or on the motion of any party, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not previously received, if the presiding officer determines that such testimony, evidence, or arguments are necessary to a full and fair consideration of the issues to be decided.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

(a) Liq 205.28 Public Access.

(a) Except as otherwise provided by law, hearings shall be open to the public.

(b) Members of the media shall be admitted to the hearings whenever the public is permitted.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.29 Control of Hearing.

(a) In cases of disorder or refusal to comply with the rules of the hearing, the presiding officer shall use reasonable means to control the hearing such as the actions set out below.

(b) Parties, representatives, and witnesses shall not engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the presiding officer shall admonish the offender reminding the offender that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a proceeding.

(c) If the offense is repeated and further admonition appears fruitless, the presiding officer shall exclude a disorderly person from the hearing.

(d) A disorderly person shall not lose or have an administrative penalty assessed solely because of the person’s offensive conduct or the offensive conduct of the person’s representative or witness.

(e) Notwithstanding (d) above, if a disorderly person's offensive conduct is so flagrant that it prevents the completion of the proceeding, the disorderly person shall be warned that their conduct shall result in a default judgment entered for the proceeding. The proceeding shall be reopened if such party submits their offer of proof or argument within 10 days in an orderly fashion.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.30 Sequestering of Witnesses.

(a) If there is a dispute of facts between the parties in which the credibility of testimony might determine the outcome of the hearing, the presiding officer, on the request of a party, shall sequester witnesses until they are called to testify.

(b) Notwithstanding (a) above, a witness shall be sequestered only if the parties shall have at least

one individual present throughout the process to ensure neither side is placed at an unfair advantage.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.31 Oaths or Affirmations.

(a) In any adjudicative hearing, an oath or affirmation shall be administered by the presiding officer to each witness prior to identifying each witness and receiving testimony.

(b) If a witness asserts an objection to the taking of an oath for religious or other related reasons, an affirmation shall be administered.

(c) Interpreters shall be administered an oath or affirmation to translate truthfully and accurately, to the best of their ability, all questions asked, and answers given.

(d) Once a witness or interpreter has taken the oath or made the affirmation at any hearing it shall not be necessary for the witness or interpreter to be sworn again for subsequent testimony on the same day and in the same case. The record of the proceeding shall indicate that a person was recalled to testify and reminded that the witness or interpreter was still under oath or affirmation.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.32 Commission Orders.

(a) All commission orders of the presiding officer shall:

(1) Be made based on evidence of record only;

(2) Be based on a preponderance of the evidence considering that the burden of proof is on the party alleging a fact or circumstance;

(3) Provide the legal analysis and conclusions supporting the order; and

(4) Take no account of any ex-parte communication of any kind made regarding the proceeding.

(b) The presiding officer shall prepare a written commission order setting forth the findings of fact, the action to be taken, and the reasons therefore.

(c) .If the violation was not proven, the presiding officer shall issue a commission order that the licensee’s violation history be cleared of the allegation.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.33 Timing and Service of Commission Orders.

(a) The presiding officer shall issue commission orders:

(1) Within 15 business days after closing of the record or within 15 business days of receipt of a legal opinion sought by the presiding officer in conjunction with an adjudicative proceeding; and

(2) Served on all parties through the mail, postage prepaid, e-mail, or by personal delivery;

(b) The parties may agree to waive the deadline for the presiding officer to issue a commission order.

(1) A receipted copy of the commission decision to any owner, partner, member, officer, attorney, director, or person in charge of the party;

(2) The affidavit of the employee making in-hand service attesting to that in-hand service; or

(3) Record of transmission of e-mail.

(d) Service to the licensee at the address provided to the commission pursuant to RSA 178:3, VIII or the address provided by the licensee’s representative shall constitute prima facia evidence that the licensee received the document;

(e) The commission order shall constitute a final decision for rehearing purposes.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 205.34 Rehearing.

(a) Any motion for rehearing pursuant to RSA 177:11, V or RSA 179:57, II from a final commission order shall be in accordance with RSA 541 and determined by the presiding officer.

(b) Any motion for rehearing pursuant to RSA 178:3, (X) shall be filed within 30 days of receipt of the decision, determined by the presiding officer, and denied unless it demonstrates that the commission acted illegally in respect to jurisdiction, authority, or observance of law, whereby it arrived at a conclusion which could not legally or reasonably be made, or unsustainably exercised its discretion or acted arbitrarily, unreasonably, or capriciously.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

PART Liq 206 PROCEDURES AND CONSIDERATIONS AFTER ADVERSE COMMISSION ORDER

Liq 206.01 Presiding Officer Consideration.

(a) In determining the administrative penalty to impose following a finding of a violation, the presiding officer shall consider:

(1) All testimony or evidence admitted;

(2) Any aggravating factor or mitigating factor that is offered in any defense or prosecution, as required by RSA 179:56 III (a), and provided in Chapter Liq 600;

(3) The licensee's violation history including all prior violations and warnings in the past 7 years;

(4) The danger posed to public health and safety by the violation;

(5) Any adverse impact on the community of the licensee's business as operated; and

(6) The requirements of Liq 602.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 206.02 Administrative Penalties After Presiding Officer Hearings. After hearing all evidence regarding a violation and considering all aggravating and mitigating factors presented, the presiding officer shall:

(a) Determine the administrative penalty based on the preponderance of evidence;

(b) Impose an appropriate penalty considering all circumstances, subject to the limitations of RSA 179:57, I, and Chapter Liq 600; and

(c) Issue a decision within 15 business days of the final hearing, provided, however, a licensee or their appointed representative may waive the 15-day deadline for the presiding officer to issue a decision.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 206.03 Fines. All administrative fines imposed by the presiding officer shall be paid within 5 business days of receipt of the commission order.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

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)-(d), may petition the commission pursuant to RSA 179:57, I-a, for the revocation of a liquor license for a licensed premise 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 its representative, if any;

b. Why the commission should adopt the request specified in the petition;

c. Pertinent factual data supporting the petition; and

d. Views or arguments in support of the petition.

(c) The governing body shall provide a copy of the petition, with supporting evidence, to the licensee by email, certified mail, or hand delivery to the licensed premise.

(d) The governing body shall file the petition and all supporting evidence with the commission.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.02 Commission Response.

(a) Within 10 business days after submission of a complete petition, the presiding officer shall consider it and:

(1) Require specific written information be furnished to clarify the petition, if necessary;

(2) Set a date for the licensee to respond;

(3) Deny the petition in writing, stating the reasons therefore; or

(3) Accept the petition, schedule a hearing within 10 business days from the date the petition

is accepted, and notify the petitioner and licensee of the hearing by telephone and either certified mail or electronic mail with receipt confirmation requested.

(b) Any notice to the licensee as required by Liq 207.02(a)(2) or (4) above, shall include a docket number, and a copy of the petition and all supporting documentation.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.03 Defense of Petitions.

(a) The presiding officer shall deny the petition for any of the following:

(1) Lack of information documenting the charges in the petition; or

(2) The facts or practices alleged in the petition are not sufficient to support revocation.

(b) The following shall not be a defense to the petition:

(1) The licensee not receiving notice sent as required in Liq 207.01(c);

(2) The alleged problems caused by a manager or employee with or without the knowledge of the licensee; or

(3) The alleged problems caused by patrons on the premises.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.04 Revocation Petition Hearings.

(a) The presiding officer shall hold hearings initiated under this part subject to the provisions of Liq 205, with the exception that Liq 205.09, Liq 205.21, and Liq 205.20 (f)(1) and (2) shall not apply.

(b) The burden of proof shall be on the municipality.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.05 Grounds for Holding Revocation Hearings. The presiding officer shall hold revocation hearings when the petitioner provides evidence that:

(a) There is continual or longstanding disregard of state or local 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 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 licensed business on neighboring businesses, other than competitive;

(2) Reduction of neighborhood property values attributable to the licensed 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;

(d) The licensee has failed to meet the requirements of RSA 178:21, II (a)(1) or RSA 178:22, V(e)(1)(A); or

(e) The license holders do not meet the requirements of RSA 178:3, VII (b).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.06 Licensee Record. The presiding officer shall consider the following information for the purposes of revocation:

(a) The record of violations of the licensee taken as a whole for the past 7 years; and

(b) The truthfulness of the licensee in their answers to the original and renewal applications and any amendments thereto.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.07 Evidence.

(a) The presiding officer shall consider evidence as provided in RSA 541-A:33, including but not limited to:

(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 licensee may introduce exculpatory evidence for the presiding officer’s consideration.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.08 Revocation. The presiding officer shall revoke the license as requested by the petitioner upon finding that the facts and law support revocation. The commission order shall constitute a final decision for appeal purposes.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 207.09 Appeal. Appeals from a decision of the commission shall be in accordance with RSA 541.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

PART Liq 208 LICENSING PROCESS

Liq 208.01 Purpose. The purpose of this part is to set forth the manner in which the commission will provide notice to municipalities prior to issuing or renewing licenses, the manner in which the commission will communicate denials of licenses to license applicants, and how the commission will hold hearings following such denials upon the request of an applicant.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 208.02 Notice to Municipalities.

(a) Prior to renewing or issuing a new license, the commission shall notify all affected municipalities and afford them an opportunity to submit data, views, or comments as required by RSA 541-A:39. Such opportunity shall include but not be limited to, requesting a public comment hearing in the affected municipality or municipalities.

(b) The notices shall be by first class mail to the town or city clerk.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 208.03 License Denials. When denying a license application, either new or renewal, the chairman shall:

(a) Notify the applicant in writing, specifying the reason(s) for denying the application;

(b) Notify the applicant of its right to request a hearing;

extensions shall be granted; and

(d) Notify the applicant that 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 evidence that any licensee accumulating 12 or more points in a license year does not meet the criteria of RSA 178:3 VII (b) and (e).

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

Liq 208.04 License Denial Hearings. License denial hearings shall be conducted under the provisions of Liq 205, with the exception that Liq 205.09, Liq 205.12, and Liq 205.20 (f)(1) and (2) shall not apply.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

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. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

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. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24

CHAPTER Liq 300 APPLICATION DE-LISTING AND LISTING PROCEDURES

Statutory Authority: RSA 176:14, RSA 176:13, II and RSA 177:7.

Revision Note #1:

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.

Revision Note #2:

Document #14018, effective 7-3-24, readopted with amendment all of the rules in Chapter Liq 300, making extensive changes to the wording and format of the rules within the chapter. Document #14018 readopted with amendment and renumbered the former Part Liq 301 through Part Liq 306, Part Liq 308, and Part Liq 309 as Part Liq 301 through Part Liq 305. The former Part Liq 307 titled “Administrative Limitations and Prohibitions” was readopted with amendment and renumbered as Part Liq 306 titled “Cost Changes and Prohibitions.” Document #14018 replaced all prior filings affecting the rules in Chapter Liq 300.

The prior filings affecting the rules in Chapter Liq 300 included the following documents:

(See Revision Note #1 at chapter heading for Liq 300)

#5180, eff 7-22-91

#5289, eff 1-1-92

#6515, eff 7-1-97

#7085, eff 8-27-99, EXPIRED: 8-27-07 (except Liq 301.02, Liq 304, and Liq 306.01)

#8243, eff 12-31-04 (Liq 301.02, Liq 304, and Liq 306.01)

#10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

#10463, eff 11-21-13

#12410, eff 10-26-17 (Liq 307.01 only)

The rules in Document #10463 did not expire on 11-21-23 but were extended pursuant to RSA 541-A:14-a.

PART Liq 301 SYSTEM ESTABLISHED

Liq 301.01 Purpose. The purpose of this chapter is to set forth the manner in which liquor and wine representatives or manufacturers of spirits, wines, and nonalcoholic products apply to have items sold through the commission in the state of New Hampshire, and the manner in which the commission lists and delists, spirits, wines, and nonalcoholic products for sale in the state.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 301.02 Definitions.

(a) “Available wines and spirits” means those wines and spirits listed by the commission and given a brand code for sale to licensees through the bailment warehouse.

(b) “Bailment warehouse” means the contracted bailment warehouse in New Hampshire holding inventory owned by the commission, liquor and wine representatives, vendors, or manufacturers.

(d) “Brand code” means a number assigned by the commission to each size and brand of a product for identification purposes.

(e) “Class” means spirits, wines, and nonalcoholic products having common characteristics and which are grouped for statistical purposes.

(f) “Chairman” means the chairman of the commission.

(g) “Commission” means the New Hampshire liquor commission.

(h) “Commission warehouse” means the warehouse operated by the commission for holding and distributing products not held in the bailment warehouse.

(i) “Delist”” means that a spirit, wine, or nonalcoholic product will not be added to, or will be removed from, the commission’s list of products approved for sale in New Hampshire. The term includes “delisted.”

(j) “Dessert wine” means wine that has been fortified to an alcoholic content of over 15.5% by having brandy or spirits added.

(k) “Division” means the commission’s division of marketing, merchandising, and warehousing.

(l) “Fiscal month” means portion of each fiscal year consisting of either 5 or 4 fiscal weeks.

(m) “Fiscal week” means a 7-day accounting period used by the commission for accounting purposes.

(n) “Fiscal year” means the fiscal year of the state which commences on the first day of July and ends on the 30th day of June each year.

(o) “Gross profit” means the difference between sales and costs calculated in dollars.

(p) “Licensee” means the person to whom an on-premises, off-premises, agency, or other license to sell spirits or wines is issued by the commission.

(q) “Listed item” means spirits, wines, and nonalcoholic products approved pursuant to Liq 302 through Liq 304, as applicable, for sale in state liquor stores, from the commission warehouse, or from the bailment warehouse.

(r) “Liquor and wine representative” means “liquor and wine representative” as defined in RSA 175:1, XLIV.

(s) “Manufacturer” means a New Hampshire-based person or company that produces finished products from raw materials by using various tools, equipment, and processes, who then sells such products to the commission.

(t) “Nonalcoholic products” means any beverage containing less than 0.5 percent alcohol by volume, or spirit and wine related accessories.

(u) “Point of sale materials” means materials used for merchandizing a product by advertising a product within state liquor stores.

(v) “Primary source” means the domestic distiller, producer, owner of the commodity at the time it became a product, bottler, or the exclusive agent of any such domestic distiller, producer, owner of the commodity at the time it became a product, or bottler. In the case of products imported from outside the United States the primary source of supply means the foreign producer, owner, bottler, or agent or the primary importer or the exclusive agent in the United States or the foreign distiller, producer, or owner.

(w) “Proof unit” means ½ of one percent alcohol by volume at 68 degrees Fahrenheit.

(x) “Proprietary” means used, made, or marketed by one having the exclusive right.

(y) “Seasonal listing” means a limited number of spirits and wines in special packaging intended for sale during seasonal periods in state liquor stores and from warehouses.

(z) “Spirits” means a distilled and rectified alcoholic product.

(aa) “State liquor stores” means those retail stores operated by the commission for the sale of spirits, wine, and nonalcoholic products to consumers and licensees.

(ab) “Test market” means the sale of a spirit, wine, or nonalcoholic product for a period, and in a manner, specified by the commission consistent with these rules during which that product is marketed in state liquor stores to determine consumer acceptance and product profitability.

(ac) “Tax and Trade Bureau (TTB)” means the Alcohol and Tobacco, Tax and Trade Bureau of the United States Department of the Treasury.

(ad) “Vendor” means an individual or company that sells goods to the commission or a liquor and wine representative.

(ae) “Vermouth” means a wine-based product which has been mixed with herbs and has an alcohol content of greater than 15.5% by volume.

(af) “Vintage” means the year that wine grapes are harvested.

(ag) “Wine” means, collectively, “wine-domestic” as defined in RSA 175:1, LXVII, “wine-fortified” as defined in RSA 175:1, LXVIII, “wine-table” as defined in RSA 175:1, LXIX, and includes dessert wine and vermouth. Wine does not include beverages as defined in RSA 175:1, VIII.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

PART Liq 302 GENERAL REQUIREMENTS

Liq 302.01 Purpose. The purpose of this part is to establish and maintain a procedure for listing products in 2 situations:

(a) Approval of products for sale only though the commission warehouse, bailment warehouse, or both to licensees and not through state liquor stores;

(b) Approval for products to be sold in state liquor stores; and

(1) In addition to the requirements of this part Liq 302, a request for listing of a spirit or nonalcoholic product for sale in state liquor stores shall meet the requirements of part Liq 303.

(2) In addition to the requirements of this part Liq 302, a request for listing of a wine for sale in state liquor stores shall meet the requirements of part Liq 304.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 302.02 Procedure. A liquor and wine representative or manufacturer, as applicable, requesting that any spirit, wine, or nonalcoholic products be considered for listing by the commission shall adhere to the following:

(a) Each request for listing of a spirit, wine, or nonalcoholic product for sale through state liquor stores shall be submitted by a liquor and wine representative or manufacturer to the commission, by mail or electronic format to the attention of the chairman, and shall contain:

(1) The information required by Form M-1 “Offer Letter” (revised 6/2024);

(2) The information required by Form M-220 A “Control State Standard Quotation & Specification Form” (revised 6/2024);

(3) A certificate of label approval or exemption “COLA” issued by TTB, as applicable; and

(4) Product samples, as required by the commission;

(b) Each request for listing of a spirit or wine for sale only through the warehouse, and not in state liquor stores, shall be submitted by a liquor and wine representative or manufacturer to the commission, by mail or in electronic format to the attention of the chairman, and shall contain:

(1) The information required by Form M-220 A “Control State Standard Quotation & Specification Form” (revised 6/2024); and

(2) A certificate of label approval or exemption “COLA” issued by TTB, as applicable;

(d) Forms and documents included in each request shall be filled in a legible manner with complete information presented;

(e) In the event of an incomplete or incorrect request, such request shall not be processed until all required information has been corrected or completed. The division shall, within 5 business days of the initial filing of the request, inform the requestor of any omissions or errors and any additional information needed; and

(f) Consistent with RSA 179:31, VII(b), and Liq 506.09, the commission shall reject, as ineligible for listing, any products with packaging or promotional materials that include subject matter or illustrations the commission determines are reasonably likely to induce minors to drink.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 302.03 Packaging and Defects.

(a) All products, whether provided as samples or at any other time, shall be securely packaged, which shall, at a minimum, include that:

(1) The cases are sturdy and well made;

(2) The caps on the individual containers are properly fitted and sealed; and

(3) The labels are properly and securely affixed to the original containers.

(b) All products, whether provided as samples or at any other time, which are defective, whether due to insecure packaging, expiration, or any other impairment rendering the product unsellable, shall be removed from listing and the liquor and wine representative or manufacturer, as applicable, shall:

(1) Be billed by the commission for any defective inventory, as applicable; and

(2) Make appropriate arrangements, at its expense, for the removal or destruction of all defective inventory at state liquor stores, warehouses, or in the possession of licensees.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 302.04 Approval or Rejection.

(a) The commission’s decision to approve or reject a product shall include but not be limited to a consideration of the following:

(1) The product background, including type, size, and proof;

(2) The historical sales and statistics for the product;

(3) Advertising support for the product by the broker;

(4) Financial support for the product by the broker;

(5) Projected gross profit for the product;

(6) Proposed retail cost of the product compared to surrounding markets; and

(7) Recommended location for the product on shelving within a store in relation to other products.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 302.05 Notification of Decision.

(a) Requesters shall be notified of any commission decision regarding a listing request no later than 45 calendar days following the date a completed request is received.

(b) Requesters whose products are listed shall be notified of the brand code number assigned to their products.

(c) Upon request, requesters whose products are not accepted for listing shall be informed of the reason(s) for that decision.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 302.06 Effect of Decision.

(a) The commission’s acceptance of any product for listing shall make the product eligible for recurring review as provided in these rules.

(b) The failure by a broker to satisfy the requirements of any recurring review shall result in delisting of the product as provided in these rules.

(c) Upon listing, available wines and spirits shall be eligible to be offered for sale by liquor and wine representatives and manufacturers through the commission to licensees.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 302.07 Sacramental Wines. Notwithstanding any other provision of these rules, and consistent with RSA 175:3, the commission shall, upon request, modify any requirement for listing or distribution that would otherwise prevent the offering or sale of sacramental wine in the state.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 302.08 Depletion of Delisted Products. Upon delisting of a product for any reason provided in these rules, the liquor and wine representative or manufacturer shall maintain any depletion allowance through the sale of the remaining inventory in state liquor stores to support the delist pricing the commission places on the product to deplete any remaining inventory.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

PART Liq 303 SPIRITS AND NONALCOHOLIC PRODUCTS LISTING FOR SALE IN STATE LIQUOR STORES

Liq 303.01 Purpose. The purpose of this part Liq 303 is to establish and maintain a system for listing by which the commission shall secure spirits and nonalcoholic products for sale in state liquor stores.

Liq 303.02 Definitions. For purposes of this part Liq 303, the following definitions shall apply:

(a) “Full distribution” means that a product is eligible to be ordered by and stocked in all state liquor stores;

(b) “Limited distribution” means that a product is eligible to be marketed and stocked in a minimal number of commission-designated state liquor stores; and

(c) “Specialty distribution” means that a product is eligible to be marketed and stocked in a greater number of commission-designated state liquor stores than is available for limited distribution, but fewer than those available for full distribution.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.03 Test Market.

(a) The division shall be responsible for making recommendations to the commission for the inclusion of spirits and non-alcoholic products in a test market or other evaluation.

(b) The commissioner shall approve or reject any such recommendation in accordance with Liq 302 and Liq 303.04.

(c) Except as specified in (d) below, before selecting any spirit or non-alcoholic product for limited distribution, specialty distribution, or full distribution, the commission shall subject that product to a test market of 6 months beginning at the date the product has been distributed for sale at retail, to ensure a demand for that product exists.

(d) Consistent with RSA 176:3, I, in the event the commission anticipates that the introduction of a specific product will create an immediate, significant increase in revenue to the state, the commission shall waive the test market and set the product for full distribution immediately, subject to the product meeting all other requirements for listing.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.04 Test Market Procedure.

(a) The commission shall accept, in one size only, all eligible products for test market.

(b) In addition to meeting the requirements for listing in part Liq 302, to be eligible for test market, the product shall meet the following requirements:

(1) The product shall be available for inventory in the bailment warehouse at the start of the test market;

(2) The product shall have an assured continuity of supply; and

(3) The product shall not have been delisted in any size in the state within the past 12 fiscal months.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.05 Test Market Performance.

(a) The commission shall determine and approve the required minimum gross profit to be met for each class and price segment of products for purposes of determining the appropriate distribution level for spirits and nonalcoholic products.

(b) Liquor and wine representatives, manufacturers, and any others retained to support the product shall be responsible for advertising the product during the test market to produce the required minimum gross profit, including through point of sale materials.

(c) Liquor and wine representatives, manufacturers, and any others retained to support the product shall be prohibited from purchasing any products for purposes of meeting the required minimum gross profit. If the commission finds that a liquor and wine representative, manufacturer, or other entity retained to support the product has purchased products for the purpose of assuring achievement of the required minimum gross profit, the commission shall terminate the participation of such product in any test market and shall delist the product.

(d) Products meeting the required minimum gross profit for their class during the test market shall be eligible for full distribution.

(e) Should a product fail to meet the required minimum gross profit for its class during the test market, it shall not be eligible for full distribution, but shall be eligible for limited distribution or specialty distribution if the commission determines that the product has met the required minimum gross profit for the price segment relevant to that product.

(f) Products failing to meet the requirement for full distribution, and failing to qualify for limited or specialty distribution, during the test market shall be delisted and shall not be approved for additional test marketing in any size for a period of at least one year from the date the product was determined to have failed and any remaining inventory owned by the commission has been depleted.

(g) All products that have been listed for at least 12 months following the end of the test market, excluding those offered on a limited-supply basis, such as seasonal listings, shall be subject to a recurring review to assure they continue to meet the required minimum gross profit applicable to their classes and price segments.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.06 Distribution Limitation and Delisting Criteria.

(a) The commission shall change the distribution level or shall delist a product for any of the following reasons:

(1) The product fails to meet the required minimum gross profit during the test market period;

(2) The product fails to meet the required minimum gross profit during any recurring review, as applicable to that product;

(3) The product fails to meet the required minimum gross profit specified by the commission for any particular class of products not subject to a recurring review;

(4) The product becomes unavailable to the commission for any reason; or

(5) The liquor and wine representative or manufacturer of the product requests that the product be delisted.

(b) The commission shall notify the liquor and wine representative or manufacturer of the change in distribution level or delisting.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.07 Warning Status.

(a) As part of the recurring review for listed products, the division shall review the gross profit requirements and warn a liquor and wine representative or manufacturer of a pending delisting or change in distribution level when its product has not met the required minimum gross profit for its class and distribution level, but has met at least 85 percent of the required minimum gross profit.

(b) The warning specified in (a) shall contain:

(1) The name of the product, the brand code, and the size;

(2) The current gross profit and the required minimum gross profit for the product;

(3) The date by which the required minimum gross profit shall be met, which shall be the end of 90 calendar days following issuance of the warning notice; and

(4) A statement that the product shall be delisted or its distribution level changed if it has not attained the required minimum gross profit by the specified date.

(c) Any product failing to attain the required minimum gross profit following the required warning and 90-day cure period shall be delisted or its distribution level shall be changed.

(d) Any product failing to meet at least 85 percent of the required minimum gross profit during a recurring review shall be delisted without a prior warning.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.08 Depletion of Delisted Produts. Upon delisting of a product, prices of existing inventory shall be reduced as the commission deems necessary to deplete any remaining inventory. All inventory shall be depleted as provided in Liq 302.08.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.09 Requests for Review.

(a) Liquor and wine representatives or manufacturers, as applicable, may request a review of a commission decision regarding the listing, delisting, or change in distribution level of a product or item by submitting a letter to the commission stating the reason(s) for the review within 15 business days from the receipt of the commission’s decision.

(b) The commission shall respond to the request for review within 15 calendar days of receipt of the letter in writing setting forth its determination with regard to the review and the reasons for its determination.

(d) For purposes of (c) above, good cause shall include, but is not limited to, consideration of the following:

(1) The product is packaged in a unique bottle or other container;

(2) The product is a unique or proprietary item;

(3) The product is manufactured or bottled in New Hampshire, and therefore whenever feasible shall receive preferential treatment pursuant to RSA 176:12;

(4) Certain extenuating circumstances outside the control of the liquor and wine representative or manufacturer affected sales or product availability; or

(5) Clerical errors caused a material negative impact on the price or sales volume of the product.

(e) If the commission determines that even when good cause is shown the product shall not maintain the required minimum gross profit, the commission shall, rather than overturn its decision, grant an extension of no longer than 6 months from date of its decision and shall review the product again during any such extension.

(f) The commission’s determination to delist or change the distribution level of the product following the requested review or extension shall constitute a final decision.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.10 Spirits One-Time Buy.

(a) For spirits that are not intended for full distribution including, but not limited to, those spirits of intentionally limited-availability or a limited run of bottles, the commission shall purchase and stock those spirits on a one-time buy basis.

(b) Spirits procured on a one-time buy basis shall not be required to go through a test market and shall not be subject to a recurring review but shall otherwise comply with all listing requirements of these rules.

(c) Spirits procured on a one-time buy basis shall be purchased and warehoused by the commission and sold until depleted in a manner, at a price, and on a schedule determined by the commission.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.11 Additional Sizes.

(a) In addition to meeting all requirements of part Liq 302, any requests that the commission list additional sizes of product that is already listed shall include information demonstrating that all currently approved and available sizes of the listed brand have obtained a gross profit that equals or exceeds 1.5 times the rolling 12–month required minimum gross profit for the relevant class of spirits.

(b) Any newly approved size shall be required to meet the test market performance criteria for full distribution in these rules following the commission’s approval of the new size.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.12 Change in Size.

(a) In addition to meeting all other requirements of part Liq 302 and part Liq 303, any requests that the commission list a changed size of a product that is already listed shall include information:

(1) Describing the reasons justifying or explaining the change in size, and the liquor and wine representative or manufacturer’s plan for depletion of inventory in the currently-listed size;

(2) Demonstrating that the currently-listed product has obtained a gross profit that equals or exceeds 1.5 times the 12-month required minimum gross profit for the relevant class of spirits for the current consecutive 12-month period at the time of the request; and

(3) Confirming that the new size is replacing a currently-listed size and no similar replacement size container is available.

(b) Any product with a changed size shall be required to meet the test market performance criteria in these rules following the commission’s approval of the change in size.

(c) For any remaining inventory in state liquor stores or the warehouses of the currently-listed size of the product, the liquor and wine representative or manufacturer shall maintain any depletion allowance on that item through the sale of the remaining inventory as required by Liq 302.08.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.13 Change in Container Shape or Label.

(a) In addition to meeting all other requirements of part Liq 302 and part Liq 303, any requests for a change in the shape of the container or the label shall include information:

(1) Describing the currently-listed product for which the change is proposed; and

(2) Comparing the current shape or label with the proposed shape or label of the product for which the request is made.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 303.14 Change in Proof.

(a) A request for a change in the alcohol content of a currently-listed product shall be treated as a request for delisting of the currently-listed product and a new listing for the replacement product if the change in alcohol content is greater than or equal to 10 proof units. Such new listing request shall comply with all listing requirements of these rules.

(b) For changes in alcohol content of less than 10 proof units, and prior to any product at the revised proof unit level arriving into the commission warehouse or the bailment warehouse, the liquor and wine representative or manufacturer shall notify the commission in writing of the change. Such notification shall include information:

(1) Describing the product for which the change is made;

(2) Specifying the current proof and the proposed proof of the product for which the request is made; and

(3) Specifying the size of the container for which the request is made.

PART Liq 304 WINE LISTING PROCEDURE FOR SALE IN STATE LIQUOR STORES

Liq 304.01 Purpose. The purpose of this part is to establish and maintain a system for listing of wine for sale in state liquor stores.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 304.02 Requests for Listing.

(a) Requests for listing of wine shall be made as provided in part Liq 302.

(b) In addition to meeting the requirements for listing in part Liq 302, to be eligible for listing, the wine shall meet the following requirements:

(1) The wine shall be available for inventory at the start of the program; and

(2) The wine shall have an assured continuity of supply.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 304.03 Definitions. For the purposes of this part Liq 304, the following definitions shall apply:

(a) “Limited distribution” means a wine that is eligible to be marketed and stocked in a minimal number of commission–designated state liquor stores;

(b) “Primary listing or primary listed” means any brand code of wine that achieves a gross profit that exceeds the gross profit achieved by the 325th listed brand code, arranged in order of gross profit, in state liquor stores;

(c) “Secondary listing or secondary listed” means any brand code of a wine that achieves a gross profit that exceeds the gross profit achieved by the 750th listed brand code, arranged in order of gross profit, in state liquor stores, but does not achieve the level to be primary listed;

(d) “Specialty distribution” means that a product is eligible to be marketed and stocked in a greater number of commission–designated state liquor stores than is available for limited distribution, but fewer than those available for primary, secondary, or tertiary listed items; and

(e) “Tertiary listing or tertiary listed” means any brand code of wine that achieves a gross profit that exceeds the gross profit achieved by the 1200th listed brand code, arranged in order of gross profit, in state liquor stores, but does not achieve the level required to be secondary listed.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 304.04 Program Evaluation.

(a) The division shall be responsible for making recommendations to the commission for the inclusion of wine in any particular program and the commission shall approve or reject any such recommendations.

(b) The commission shall evaluate each wine recommended by the division, and approved by the commission to be sold in state liquor stores, through one of the programs authorized by the commission and implemented by the division.

(c) This rule describes the minimum requirements of the programs that shall be authorized by the commission for the evaluation of wine. The commission shall require the division to implement additional programs, or alter or discontinue programs, as necessary to optimize profitability as required by RSA 176:3.

(e) The commission shall provide notice of not less than 30 calendar days of its intent to implement, alter, or discontinue any program. Such notice shall be distributed to all liquor and wine representatives and manufacturers and shall describe any change from the then-existing programs.

(f) Liquor and wine representatives, manufacturers, and any others retained to support the product are prohibited from purchasing any products for purposes of meeting the required minimum gross profit. If the commission finds that a liquor and wine representative, manufacturer, or other entity retained to support the product has purchased products for the purpose of assuring achievement of the required minimum gross profit, the commission shall terminate the participation of such product in any test market or roll out and shall delist the product.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 304.05 Program Description.

(a) The wine test market program shall be subject to the following requirements:

(1) A wine approved for inclusion in the wine test market program shall be assigned a required minimum gross profit based upon categorical and seasonal sales as determined by the commission;

(2) A wine in the wine test market program shall be distributed to commission-designated state liquor stores for inclusion on those stores’ shelves for a period of 4 consecutive promotional months as listed in the commission’s promotional calendar, which the commission shall provide to all liquor and wine representatives and manufacturers;

(3) The liquor and wine representative or manufacturer, as applicable, shall be responsible for assuring a sufficient supply and availability of the wine to meet expected sales during the 4-month period;

(4) Upon completion of the 4 month period, wine in the wine test market program shall be evaluated to determine whether it has met the required minimum gross profit as follows:

a. A wine meeting or exceeding the required minimum gross profit shall be eligible for specialty distribution by the commission;

b. A wine failing to meet the required minimum gross profit, but meeting at least 90 percent of the gross profit threshold, shall not be eligible for specialty distribution, but shall remain in designated state liquor stores and shall be subject to a recurring review to determine if the wine meets the required minimum gross profit threshold; and

c. A wine failing to meet at least 90 percent of the required minimum gross profit in the 4 month period shall be delisted by the commission and any remaining inventory shall be discounted for sale until depleted as provided in Liq 302.08.

(b) The rollout program shall be subject to the following requirements:

(1) A wine approved for inclusion in the rollout program, which includes enhanced marketing and promotional requirements as specified by the division, shall be assigned a required minimum gross profit based upon designated category and price point as determined by the commission;

(2) A wine in the rollout program shall be distributed to commission-designated state liquor stores for a period of 2 consecutive promotional months as listed in the commission’s promotional calendar, which the commission shall provide to all liquor and wine representatives and manufacturers;

(4) Upon completion of the 2 month period, wine in the rollout program shall be evaluated to determine whether it has met the required minimum gross profit threshold, as follows:

a. A wine meeting or exceeding the required minimum gross profit threshold shall be eligible for specialty distribution;

b. A wine failing to meet the required minimum gross profit threshold, but meeting at least 90 percent of the required minimum gross profit threshold, shall not be eligible for specialty distribution, but shall remain in designated state liquor stores and shall be subject to a recurring review to determine if the wines meet the required minimum gross profit threshold; and

c. A wine failing to meet at least 90 percent of the required minimum gross profit threshold in the 2 month period shall be delisted by the commission and any remaining inventory shall be discounted for sale until depleted as provided in Liq 302.08.

(1) A wine included in the specialty status program shall be a wine listed by the commission but which has sales outside the level required to be at least a tertiary listing;

(2) A wine in the specialty status program shall be subject to an evaluation for one calendar year from the date it is accepted into the program, with a review conducted semi-annually to verify whether the wine is on-track to meet the required minimum gross profit threshold; and

(3) Upon completion of the evaluation period, a wine in the specialty status program failing to meet the required minimum gross profit threshold set by the commission shall be delisted by the commission and any remaining inventory shall be discounted for sale until depleted as provided in Liq 302.08.

(d) The allocated wines program shall be subject to the following requirements:

(1) The allocated wines program shall apply to wines that are of a special, short-term, small-quantity, or other type of limited availability or limited stock;

(2) Wines included in the allocated wines program shall not be subjected to a test market but will be distributed to specified state liquor stores as determined by the commission and sold until the limited stock is depleted; and

(3) Wines included in the allocated wines program, and which have not been depleted after one calendar year shall be delisted by the commission and any remaining inventory shall be discounted for sale until depleted as provided in Liq 302.08.

(e) The one-time buy program and the power buy program shall be subject to the following requirements:

(1) Wines in the one-time buy program and the power buy program shall not be required to go through a test market and shall not be subject to a recurring review, but shall otherwise comply with all listing requirements of these rules; and

(2) Wines included in the one-time buy program and the power buy program shall be purchased and warehoused by the commission and sold until depleted, at a price, and on a schedule, determined by the commission.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 304.06 Delisting Procedure for Wines in State Liquor Stores.

(a) For purposes of a recurring review, the division shall determine the required minimum gross profit threshold during the preceding, rolling 12-month period and shall regularly inform all liquor and wine representatives and manufacturers of the minimum threshold necessary to reach primary, secondary, and tertiary listing status.

(b) Any wine included as a primary, secondary, or tertiary listing in the state liquor stores shall be subject to a recurring review to ensure that it is listed at the appropriate level.

(c) Failure of any listed wine to meet at least the required minimum gross profit required during any recurring review shall result in delisting of the product and depletion as provided in Liq 302.08.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 304.07 Additional Sizes.

(a) Requests for listing of additional sizes of a primary listed wine shall comply with part Liq 302 and Part Liq 304.

(b) The commission shall list the requested additional size if all currently approved and available sizes of the listed brand of wine have obtained a gross profit that equals or exceeds 1.5 times the required gross profit as it has been provided to liquor and wine representatives and manufacturers.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 304.08 Change in Container Shape or Label.

(a) Upon written request of the liquor and wine representative or manufacturer for a change in the shape of the container or label of a currently listed product, the commission shall approve or reject the request as provided in (b).

(b) In addition to meeting all other requirements of part Liq 302 and part Liq 304, any requests for a change in the shape of the container or the label shall:

(1) Describe the currently-listed product for which the change is proposed; and

(2) Compare the current shape or label with the proposed shape or label of the product for which the request is made.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

PART Liq 305 SEASONAL ITEMS AND SPECIAL ORDERS

Liq 305.01 Seasonal Listing.

(a) To include a product as a seasonal listing, a liquor and wine representative or manufacturer shall submit a request for seasonal listing each year or season as specified below.

(b) The commission shall notify liquor and wine representatives and manufacturers of the seasonal listing periods each year.

(c) The notices provided pursuant to (b) above shall include the dates for which a listing may be requested and the dates by which requests for seasonal listing must be received by the commission.

(d) Products for which seasonal listing is requested shall meet all requirements for listing in Part Liq 302 and either Part Liq 303 or Part Liq 304, as applicable, and shall include guaranteed delivery date(s) for the products.

(e) Products with a seasonal listing shall not be selected for listing by gross profit and shall not be required to submit to a test market or program.

(f) Products with a seasonal listing shall be selected for listing based upon their availability for specified sales periods and the commission’s determination regarding whether such items will provide well-rounded product offerings for seasonal purchases.

(g) Factors which show well-rounded product offerings shall include but are not limited to:

(1) Products’ retail price ranges;

(2) Seasonal packaging which has sold well in previous years; and

(3) Items packaged in a gift pack or other promotional presentation.

(h) Items not received by the delivery date(s) specified in the seasonal listing request shall be delisted, and any shipment of the product refused, unless the liquor and wine representative or manufacturer establishes to the satisfaction of the commission, that:

(1) The product is necessary to round out the seasonal listings; and

(2) The product will, despite late delivery, sell out during the seasonal period.

(i) Any product with a seasonal listing that does not sell out during the relevant seasonal period shall be delisted and discounted as determined by the commission to deplete any remaining inventory and consistent with the requirements for depletion as provided in Liq 302.08.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 305.02 Special Orders.

(a) Customers may place requests with the commission by contacting the commission’s customer service representatives through the contact methods provided on the commission’s website for items not currently listed.

(b) The commission shall attempt to obtain the requested 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) A special order shall not be canceled by the customer once accepted by the commission; and

(4) Special orders for retail customers shall be shipped to a state liquor store designated by the customer for pick up and payment.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

PART Liq 306 COST CHANGES AND PROHIBITIONS

Liq 306.01 Cost Changes; Quarterly Price Change.

(a) Requests for cost changes by liquor and wine representatives and manufacturers may be filed up to 4 times per year.

(b) All liquor and wine representatives and manufacturers shall report a cost change in one of the following ways:

(1) For single items, the cost change shall be submitted via the secure portal; or

(2) For cost changes of multiple items or groups of items, the cost change shall be submitted on a batch basis via email to the designated operations email account or via the secure portal;

(c) Cost changes by liquor and wine representatives and manufacturers shall be sent to the commission in line with the current year promotional calendar periods, which shall include due dates for cost change filings.

(d) The commission shall not accept cost change filings received after the relevant due date.

(e) The commission shall consider the effect of the cost changes on gross profit to determine whether to accept or reject the request.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 306.02 Exchanges Prohibited. Exchanges of new items for listed items shall be prohibited.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

Liq 306.03 Listing Limitations.

(a) Every product listed by the commission shall include a brand code.

(b) For a wine marketed under different vintages, each vintage shall be considered a different product for purposes of brand codes.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 300) #14018, eff 7-3-24

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
		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, the following terms shall mean:

(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 commission 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 commission to provide bailment services, or the commission or contracted agent providing such services at commission owned warehouse facilities;

(e) "Commission" means “commission” as defined in RSA 175:1 XXIV, namely “the state liquor commission”;

(f) “Division” means the division of enforcement and licensing; and

(g) "Thing of value" means, for the purposes of these rules, 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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 commission and the bailment warehouser(s).

(b) Contracted fees shall be charged to all vendors equally by the bailment warehouser(s).

(c) The commission shall charge the same fees as contracted in (b) above at commission owned warehouses except that no fee shall be charged on liquor and wine products produced by a vendor 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, selling less than 15,000 9-liter-equivalent total cases annually within New Hampshire.

(d) The commission shall make available to vendors the amount of 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 401.03 Vendor Inventory.

(a) Liquor and wine vendors shall maintain at a bailment warehouse licensed by the commission inventory equal to 30 days average sales for each brand code registered with the commission.

(b) The commission 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 401.04 Inactive Brand Codes. Vendors shall remove all products which do not have an active commission 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 401.06 Commission Control of Bailment Product. Products with active commission brand codes shall not be removed from bailment except to be delivered to commission control or for shipment out of state with written permission from the commission, which shall be granted for stock in excess of commission 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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, or commission liquor store shall use the following procedure:

(1) Orders shall be submitted 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 or store;

(4) All orders shall be picked up:

a. At the warehouse by a licensed carrier who will make the delivery to the licensee; or

b. At the store or warehouse 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 for warehouse orders.

(b) 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.

(c) 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 selecting special order, identifying the desired supply, completing, and submitting a Form M-2 “Contact Us” (revised x/2024) to a commission liquor store or the commission office at https://www.liquorandwineoutlets.com/About-Us/Contact-Us;

(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.

(d) 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.

(e) Errors in ordering, shipping, billing, or receiving shall be reported, processed, and the supplies returned within 30 days of their receipt.

(f) Errors in an order from the warehouse shall be resolved pursuant to Liq 906.02 by contacting the commission office.

(g) 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.

(h) 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 #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 402.02 Prohibition on Solicitation of Gifts From any Holder of a Beverage Manufacturer License, Brew Pub License, Wholesale Distributor License, or Beverage Vendor License. No retail licensee shall solicit, receive, or accept any money, merchandise, equipment, or anything else of value from any holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or beverage vendor license, 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 402.03 Licensee Entertainment. Retail licensee entertainment by alcohol industry members shall not be considered a violation of RSA 179:11, 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

PART Liq 403 SIGN RESTRICTIONS

Liq 403.01 "Neon sign" means, for the purposes of these rules, 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 403.02 Neon Sign Advertising. Brand advertising of liquor or beverages by means of neon signs shall not be permitted.

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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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, illegal gambling, or wagering.

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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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 not less than $3,000 wholesale value as provided in RSA 175:1, XXXVI, which includes 6 of the following 11 categories:

(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;

(7) Snack foods;

(8) Household goods;

(9) Automotive supplies;

(10) Hardware and fishing tackle; and

(11) Personal care items.

(b) 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 404.03 Use of Cocktail Lounges. The cocktail lounge shall be maintained solely as such except when:

(a) All alcoholic beverages, specialty beverages, wine, and liquor are secured or removed from the cocktail lounge; and

(b) No alcoholic beverages, specialty beverages, wine, or 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 404.04 Retail Delivery.

(a) All off-premises combinations and retail table wine licensees, and their agents who are authorized to deliver tobacco products, e-cigarettes, fortified wines, table wines, domestic wines, beverage, or specialty beverages, all as defined in RSA 175:1, shall be able to travel within the state carrying prepaid or cash on delivery orders for delivery of any products 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 fortified wines, table wines, domestic wines, beverage, or specialty beverages being delivered;

(3) The fortified wines, table wines, domestic wines, beverage, or specialty beverages are delivered to a physical building or residence; and

(4) The fortified wines, table wines, domestic wines, beverage, or specialty beverages are invoiced and delivered only to a person who is not prohibited from receiving a delivery under RSA 179:5.

(b) In no case shall any fortified wines, table wines, domestic wines, beverages, or specialty beverages be transferred or delivered to a person on a street, sidewalk, or other right of 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 404.05 Authorization For Other Areas Licensing Criteria.

(a) Holders of on--premises licenses may extend service of fortified wines, table wines, domestic wines, beverage, or specialty beverages, 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, or other clearly defined areas which the licensee designates for alcoholic beverage service;

(2) They have petitioned in writing pursuant to Liq 205.14 to the commission for approval of alcoholic beverage service to these areas; and

(3) They have received permission pursuant to Liq 205.14 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 set out 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 205.14 in writing to the commission for approval of alcoholic beverage service to these areas; and

(4) They have received permission pursuant to Liq 205.14 from the commission in writing granting permission for such service.

(d) The holder of a sports recreation facility 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 by the commission.

(e) "Service plan" for the purposes of Liq 404.05(d) means a written proposal, offered by a sports recreational facility golf course 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 404.06 Felon Exception Approvals.

(a) An applicant for a liquor 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 by filing a letter with the division of enforcement to have an exception granted pursuant to RSA 178:4.

(b) The letter shall include the full name including any aliases, address, date, and place of birth of the applicant to be approved.

(c) Each individual who has been convicted of a felony, which is not specifically excluded by Liq 404.06(a) who seeks an exception approval pursuant to RSA 178:4 shall submit the following documents prior to any license being issued:

(1) A notarized copy of the felony complaint to substantiate the conviction for which the exception is desired, and:

a. A letter from the person's parole or probation officer stating that:

1. At least 5 years passed since the person was placed on parole or probation;

2. The person has not been convicted of any further crime, other than violation level traffic offenses, during that 5 year period; 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 was not or is no longer on parole or probation the applicant 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;

2. A copy of the person's criminal history and motor vehicle record; and

3. Complete and submit Form L-002 “Affidavit” (revised X/24) attesting that they were not convicted of any further crime during that 5 year period, other than violation level traffic offenses.

(2) The individual submitting the affidavit shall:

a. Sign and date the form; and

b. Have the form notarized and certify “I declare, under the provisions of Title XIII and punishable under RSA 641:3 (Unsworn Falsification), that I am authorized to sign on behalf of the business entity providing this report; that I have examined all of the information provided on or with this report; that any information I give may be investigated as allowed by law; that the information is true, correct, and complete to the best of my knowledge and belief and made in good faith.”

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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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 specific periods of time, including but not limited to closing for the season, closing for the remainder of a license term, or closing for more than 30 days, shall submit a request, electronically or in hard copy, to the division that the license be placed in safekeeping status.

(c) No licensee shall utilize any of the privileges granted by their license during the time their license is in safekeeping.

(d) To be returned from safekeeping a licensee shall file a request with the commission or an investigator to return the license from safekeeping.

(e) 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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, or 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 beverages, wine, or liquor as authorized by their license for tasting for promotional purposes.

(b) "Licensee" for the provisions of this part means a holder of an on-premises, off-premises, liquor or wine vendor, liquor or wine representative, domestic wine manufacturer, liquor manufacturer, rectifier, beverage vendor, beverage manufacturer, wholesale distributor, or brewpub license who seeks to provide 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 406.01), 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 405.02 Beverage, Liquor, or Wine Public Sampling Notification. The commission shall be notified prior to any beverage, liquor, or wine public sampling by the licensee.

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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 405.03 Liquor and Wine Purchases, Restrictions.

(a) All liquor and wine used for public sampling shall be purchased from the commission by the licensee under their license.

(b) All beverages used for public sampling on licensed premises 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 RSA 175 through180.

(d) All beverage, wine, and liquor used for public sampling which is not purchased by the on- or off-premises licensee on whose premises the public sampling is held shall be removed from the premises immediately after the public sampling by the licensee who purchased the product.

(e) The licensee purchasing the beverage, wine, or liquor shall maintain records for at least 60 days, available to the commission, of the quantities of beverage, liquor, or 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 405.04 Who May Conduct Tastings and Responsibility.

(a) On-premises and off-premises licensees other than off premises special licensees and on premises one day licensees may conduct or host beverage, liquor, and wine public sampling on their licensed premises.

(b) Liquor and wine vendors, liquor and wine representatives, domestic wine manufacturers, liquor manufacturers, rectifiers, beverage vendors, beverage manufacturers, wholesale distributors, and brew pubs shall conduct public sampling in conjunction with on-premises or off-premises licensees on their licensed premises.

(c) Wine manufacturers, liquor manufacturers, beverage manufacturers, and brew pubs may conduct public sampling at a farmers’ market in a clearly defined area after the completion and submission of Form A-009 Farmers Market (revised x/2024).

(d) The licensee shall file and preserve individual sales slips and a 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.

(e) The individual submitting Form A-009 shall:

(1) Sign and date the form; and

(2) Certify “I declare, under the provisions of Title XIII and punishable under RSA 641:3 (Unsworn

Falsification), that I am authorized to sign on behalf of the business entity providing this report; that I have examined all of the information provided on or with this report; that any information I give may be investigated as allowed by law; that the information is true, correct, and complete to the best of my knowledge and belief and made in good faith.”

(f) The on or off premises licensee on whose premises the public sampling occurs and the licensee conducting the sampling shall both be equally responsible for ensuring that all requirements are met under RSA 175 through 180.

(g) The on or off premises licensee on whose premises 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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 premises, 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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

Liq 405.06 Advertising. All advertising for beverage, liquor, or wine public sampling shall be in conformance with state laws, commission rules, and orders.

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; ss by #14335, eff 8-2-25, EXPIRES: 8-2-35

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.

(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

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.

(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.

(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:

(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 (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.

(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 12/2025);

b. Form A-101 “Product Approval - Beverage Manufacturer” (revised 12/2025);

c. Form A-102 “Product Approval – Brew Pub” (revised 12/2025);

d. Form A-103 “Product Approval - Nano Brewery” (revised 12/2025);

e. Form A-104 “Product Approval - Variety Pack” (revised 12/2025); and

f. Form A-105 “Temporary Registration of Beer and Specialty Beverage for Festival” (revised 12/2025);

(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.; The commission shall not deny packaging or label features solely because the label or packaging has illustrations of a dessert(s).

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 a 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; ss by #14476, eff 1-9-26, EXPIRES: 1-9-36

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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

(a) Alcohol consultant licensees shall complete and submit to the commission in writing, at least 5 business days before the date of any scheduled event, Form L-074 “Notification of Educational Event” (revised 09/2022) and certify to the following:

“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.

(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.

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

Document #13983, effective 5-24-24, readopted with amendment Chapter Liq 600. The former Part Liq 601 through Part Liq 605 have become Part Liq 601 through Part Liq 603. Part Liq 601 addresses the purpose and effect of the rules and contains definitions for Chapter Liq 600. The former Liq 602.03 through Liq 602.09 were previously moved to Liq 200 by Document #5180, effective 7-22-91. Part Liq 602 on administrative penalties for liquor violations is derived from the former Part Liq 603, but expanded a progressive discipline process using a points matrix. The former Part Liq 604 on payment of fines and procedures for non-payment of fines has been incorporated by Document #13992, effective 5-31-24, into Part Liq 205 titled Adjudicative Proceedings and Nonadjudicative Processes” and Part Liq 206 titled “Procedures and Considerations after Adverse Commission Order”, specifically Liq 206.03, titled “Fines.” Part Liq 603 on administrative penalties and fine provisions on tobacco violations addresses the subject of the former Part Liq 605.

Document #13983 replaces all prior filings affecting the rules in the former Chapter Liq 600. The prior filings included the following documents:

#4645, eff 7-6-89

#5043, eff 1-11-91

#5180, eff 7-22-91 (See Revision Note #1 at chapter heading for Chapter Liq 200)

#6391, eff 11-28-96

5180, eff 7-22-91 (moved Liq 602.03 through Liq 602.09 to Chapter Liq 200)

#6669, eff 1-1-98, EXPIRES 1-1-06

#7947, eff 9-5-03

#8531 INTERIM, eff 12-31-05, EXPIRED 6-29-06

#8670-B, eff 7-1-06, EXPIRED 7-1-14

#12209, eff 6-14-17

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. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 601.02 Effects of These Rules. Nothing contained herein shall release a natural or other person from complying with statutory law.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 601.03 Definitions.

(a) "Compliance check" means an attempt by an underage individual, under the supervision of an investigator, to purchase alcohol or tobacco products in violation of statute.

(b) "Enforcement policy" means the standards, procedures, actions, and penalties taken or imposed by the commission with respect to any classification of statute, commission order, or administrative rule identified in Liq 601.04, Liq 601.05, or Liq 601.06.

(c) “Good behavior” means compliance with Title XIII, RSA 126-K, all commission rules, orders, and administrative fine payment deadlines issued under Liq 206.03.

(d) “Intoxicated individual” means an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated.

(e) "Licensee record" means any written or electronic document pertaining to a licensee, maintained by the commission, including violation history.

(f) "License year" means the period of time from when a license is issued until it expires or is renewed.

(g) “Security” means, as provided by RSA 178:5, a certificate from an insurance or surety company providing liquor liability coverage on behalf of a licensee of up to a limit of $100,000 for any one person and $300,000 for all persons per incident or a deposit by a licensee of money or securities with the commission subject to execution to be used to satisfy judgment for liquor liability.

(h) “Verbal counseling” means any verbal instruction of corrective action issued by or at the direction of an investigator to a licensee, which is reported to the commission in writing, and which does not result in a warning, fine, revocation, points, or a suspension.

(i) “Violation history” means the record of violations of a licensee.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 601.04 Statutory Violations Subject to Administrative Penalty. Administrative penalty, as defined in Liq 201.01(e), shall be imposed on licensees for violation of statutes contained in Title XIII or RSA 126-K.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 601.05 Administrative Rules Subject to Administrative Penalty. Administrative penalty, as defined in Liq 201.01(e), shall be imposed on licensees for violation of any administrative rule by imposing the penalty in Liq 603 or Liq 605 for the rule violated.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 601.06 Commission Orders Subject to Administrative Penalty. Administrative penalty, as defined in Liq 201.01(e), shall be imposed on licensees for violation of any commission order by imposing the penalty in Liq 602.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

PART Liq 602 ADMINISTRATIVE PENALTIES FOR LIQUOR VIOLATIONS

Liq 602.01 Standard Penalties.

(a) The presiding officer shall impose no less than the minimum penalties for violations of laws, rules, or statutes contained in the points and penalties matrix found in Table 600-1 below:

Table 600-1 Points and Penalties Matrix

Table

AI-generated content may be incorrect.

(b) No portion of points shall be suspended or waived in any manner.

(d) For all violations, the presiding officer shall have the authority to impose conditions to maintain proper controls.

(e) For all violations, the presiding officer shall have the authority to suspend or revoke the license.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 602.02 Presiding Officer Consideration.

(a) The presiding officer shall consider any testimony or evidence offered by the prosecutor, the licensee, and by all witnesses in determining an appropriate penalty.

(b) The presiding officer, when hearing testimony or evidence regarding a violation of a statute, order, 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.

(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) The failure to monitor the quantity of alcohol served to a patron;

(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) The active encouragement of intoxicated patrons to consume more alcohol;

(11) The service of alcohol to a patron that is so continuous and excessive that it creates a risk of death by alcohol poisoning;

(12) 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;

(13) 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;

(14) The failure to take corrective action on previously cited violations;

(15) 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; and

(16) Any factor which increases the hazard to public safety due to the sale or consumption of alcohol.

(d) Mitigating factors shall include but not be limited to:

(1) Service of only one drink to a person who becomes intoxicated

(2) The completion of NHLC training by person(s) in charge, managers, security staff, servers, and clerks;

(3) The licensee admitting to problems detected and taking steps to rectify the situation;

(4) 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;

(5) A new employee with instruction from management, but not having attended a liquor education program; and

(6) Established management policies:

a. Ensuring persons of questionable age are checked as to age before sale or service of alcohol or tobacco; and

b. Ensuring the proper operation of the establishment.

(e) The presiding officer shall decide each case after closing the hearing and all decisions shall be based upon a preponderance of the evidence.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 602.03 Special Penalty For Certain Aggravated Violations.

(a) For any aggravated violation as defined in Liq 201.01 (f) which results in serious bodily injury or death the presiding officer shall impose the following penalties:

(1) For the first offense, subject to the limitations of RSA 179:57, I, a suspension of not less than 30 days provided that the suspension shall be reduced by 15 days if the person(s) in charge, managers, security staff, servers, and clerks have completed NHLC training within 24 months before the date of violation, fine of $5000, and points as listed in Liq 602.01 (a);

(2) For the second offense, within 7 years of the first offense, 30 day suspension, fine of $5,000, and points as listed in Liq 602.01(a); and

(3) For the third offense within 7 years of the second offense, revocation.

(b) On the second violation of RSA 179:5 within a 24-month period, excluding any violations resulting from compliance checks, the presiding officer shall consider:

(1) The complete record of all violations at the licensed location that occurred within 7 years;

(2) The circumstances of the violations of RSA 179:5; and

(3) If the licensee shall be required to provide security under the requirements of RSA 178:5.

(c) If security for liability is required, the commission shall immediately suspend the license until such time as security is provided.

(d) Security shall consist of insurance or a deposit meeting the requirements of RSA 178:5, I (a), except 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.

(e) 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) At least a calendar year.

(f) 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.

(g) The security required in Liq 602.03 (d) shall be in addition to any penalties imposed under Liq 602.01(2).

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 602.04 Revocations; Payment of Fines.

(a) Revocation shall be a permanent loss of a liquor 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. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 602.05 Penalties For Violating Commission Orders. The presiding officer shall impose a penalty as provided in Liq 602.01(a), on any licensee who fails to comply with the requirements of a commission order.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 602.06 Progressive Discipline.

(a) Except as provided in (b) and (c) below, the division shall follow a progressive discipline model for violations of Title XIII, Chapter 126-K, or commission rules or orders.

(b) Identical violations shall be addressed in the following sequence:

(1) Verbal counseling for the first violation;

(2) Warning for the second violation; and

(3) Administrative notice for subsequent violations.

(1) Violations of RSA 179:5 other than compliance checks;

(2) Violations of RSA 126-K:4 other than compliance checks;

(3) All aggravated violations;

(4) Violations arising during any of the above violations;

(5) Violations of commission orders;

(6) Violations of RSA 178:3;

(7) Violations of RSA 179:60; and

(8) Violations of RSA 179:22.

(d) A violation discovered in a compliance check shall be addressed as follows:

(1) Warning for the first violation and training required within 30 days of adjudication; and

(2) Administrative notice and training required within 30 days of adjudication.

(e) A violation shall not be a second or higher violation unless it occurs after the previous violation has been adjudicated.

(f) Except as provided in Liq 602.08, when a single event results in multiple charges of the same violation, points shall only be applied once for that violation. Fines and suspensions shall be applied for each of the violations. Points shall remain on the license for a period of 3 years from the date of adjudication.

(g) Except as provided in Liq 602.08, when a licensee accumulates 12 points or over, the licensee shall be ordered to a hearing to determine if enhanced penalties or conditions of the license are necessary to maintain proper controls.

(h) When a licensee accumulates 25 points or over, the licensee shall be ordered to attend a hearing to determine if revocation is necessary.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 602.07 Non-Renewal, Denial, and Revocation.

(a) Nothing in this chapter shall prohibit the division from recommending non-renewal of a license or denial of an application based on the specification of RSA 178:3.

(b) Nothing in this chapter shall prohibit the commission from revoking a license when there is a significant risk to public safety, or the business fails to operate in strict accordance with all applicable state and federal alcoholic beverage or tobacco control laws.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 602.08 Multiple Offenses Over Time.

(a) For a first offense, points and penalties shall be as listed in Liq 602.01.

(b) For the second offense within 7 years of the adjudication for the first offense, points and penalties shall be as listed in Liq 602.01.

(c) For the third offense within 7 years of the adjudication of the second offense, points and penalties shall be as listed in Liq 602.01.

(d) For subsequent offenses, points and penalties shall be as listed in Liq 602.01.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

PART Liq 603 ADMINISTRATIVE PENALTIES AND FINE PROVISIONS FOR TOBACCO VIOLATIONS

Liq 603.01 Commission Compliance. The commission shall determine the level of the violation by reviewing the licensee's record and counting violations that have occurred within 3 years of the date of the violation being considered. The commission shall notify the commissioner of revenue administration prior to the effective date of any suspension or revocation.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

Liq 603.02 Administrative Penalties. The penalties shall be as provided in Liq 602.01(a).

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24

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;

(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.

(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.

(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;

(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;

(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.

(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;

(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.

(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.

(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.

(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:

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:

(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;

(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.

(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;

(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 ordered 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; ss by #14475, eff 1-6-26, EXPIRES: 1-6-36

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-Premises 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.

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;

(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.

(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

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.

(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 10^th 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

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 10^th 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.

(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

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

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:30-a
Liq 202			RSA 176:14, IV
Liq 203			RSA 176:14, II
Liq 204			RSA 541-A: 1 et seq
Liq 205-206			RSA 179:56; RSA 541-A:30-a
Liq 207			RSA 176:14, V
Liq 208			RSA 541-A:39; RSA 178:3, VII, X
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 -Liq 402			RSA 176:11, RSA 176:13; RSA 176:14
Liq 401			RSA 176:14 VIII(c)
Liq 402			RSA 178:28
Liq 402.01			RSA 178:28
Liq 403			RSA 179:25
Liq 404			RSA 176:14 VII(c); 178:4; RSA 179:15
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

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			RSA 179:33
Liq 506.09			RSA 179:31 and 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 601-Liq 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 601 – Liq 602			RSA 541-A:16, I (b) intro; RSA 178:5; RSA 179:56; RSA 179:57
Liq 603			RSA 126-K
Liq 601 – Liq 602			RSA 541-A:16, I (b) intro; RSA 178:5; RSA 179:56; RSA 179:57

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
903.01			RSA 176:14, VIII(a)
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
Liq 1001.02			RSA 178:19-c
Liq 1002			RSA 78:2, RSA 178:19-a, 178:19-b, 178:19-c
Liq 1003			RSA 126-K:8
Liq 1004			RSA 78:34

Liq 1100			RSA 178:27
Liq 1102			RSA 178:27, RSA 178:29
Liq 1102.06			RSA 176:14, 178:27-a
Liq 1102.07			RSA 176:14, 178:27-a
	Liq 1103	RSA 178:27, RSA 179:33, III
	Liq 1104 and 1105	RSA 178:27, RSA 179:5, I
	Liq 1106	RSA 178:27, RSA 179:33, III