New Hampshire Administrative Code

The following terms shall be construed as set forth below: (a) "Available wines" means wines which are not listed under Liq 304.02, but that are registered by a brand code number and offered to licensees through the commission; (b) "Bailment inventory" means vendor or manufacture…

Suppliers wishing to have their products considered for listing by the commission shall adhere to the following procedures: (a) Each listing for a spirit shall first meet the criteria of Liq 304.04 prior to application for listing; (b) Each request to have a spirit or wine item c…

(a) Suppliers shall be notified of any commission action regarding applications within 45 days of the action. (b) Suppliers whose products are listed shall be notified of the brand code number assigned to their products. (c) Suppliers whose products are not accepted for listing s…

The purpose of this part is to develop and maintain a uniform and systematic manner by which the commission shall secure spirits for sale to licensees and the public. Notes N.H. Admin. Code § Liq 303.01 (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by …

(a) Before listing any spirit product for limited or full distribution, the commission shall subject that product to a 6 fiscal month test market to ensure that demand for that product exists. (b) In the event of an emergency that creates short supply of a popular category, the c…

(a) The commission shall accept, in one brand size only, all eligible broker submittals for the test market. (b) To be eligible for test marketing, the product shall meet the following requirements: (1) The product shall not have been de-listed pursuant to Liq 308 in any size in …

(a) In order to be listed for full distribution, the minimum gross profit production during the 6 fiscal month test market period shall be determined and posted annually for each class by the commission on or before July 1st. (b) Vendors shall be responsible for promoting the pro…

(a) Additional sizes of a listed spirit brands shall be listed by the commission upon written request by the vendor if the following conditions are met: (1) The listed brand shall have a gross profit that exceeds the gross profit requirement of its class by 50 per cent either at …

(a) The commission shall allow a change in the size of a currently listed product upon written request of the vendor if the following conditions are met: (1) The listed product has a gross profit of $25,000 or more for the current consecutive 12 fiscal month period at the time of…

(a) The commission shall allow a change in the shape of the container of a currently listed product upon written request of the vendor, if the requested package meets the requirements set forth in Liq 303.05(a)(3). (b) Requests for change in shape of the container shall include:(…

(a) A request from a vendor or manufacturer for a change in the alcohol content of a product shall be treated as a request for de-listing of the original product and a new listing for the replacement, if the change in alcohol content is greater than or equal to 10 proof units. (b…

The purpose of this part is to establish a uniform system for listing wines for sale to licensees and the public. Notes N.H. Admin. Code § Liq 304.01 (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8…

(a) The commission shall list wines that have been purchased from a manufacturer, vendor or broker who has been designated as the primary source per RSA 176:14. (b) A primary source who wishes to have a table wine listed shall submit a completed form 220-a to the commission. (c) …

(a) In order to be eligible to be listed as a primary, secondary or specialty listing in the commission retail stores, a table wine shall meet the following requirements: (1) The table wine listed as a primary, secondary or specialty listing in the commission retail stores, shall…

(a) The minimum gross profit production during a 12 fiscal month period shall be determined and posted annually for primary, secondary and specialty listed table wine by the commission on or before July 1st. (b) Any table wine listed as a primary, secondary or specialty listing i…

(a) Additional sizes of a primary or secondary listed wine brand shall be listed in the state's retail stores upon written request by the primary source, if the following conditions are met: (1) The listed brand shall have a gross profit that exceeds the gross profit requirement …

(a) The commission shall allow changes in the shape of the container of a currently listed product upon written request of the primary source, if the requested package meets the requirements set forth in Liq 303.05(a)(3). (b) Requests for change in shape of the container shall in…

(a) Dessert wines and vermouths shall be selected for listing by demonstrated customer demand in other retail markets, sales performance in the national market, and potential profitability, but the decision to list shall not be limited to these factors. (b) Gross profit shall not…

(a) Requests from NH licensed manufacturers, vendors, or their licensed representatives for specialty listing may be made at any time during the year. A marketing letter, as outlined in Liq 302.01(h)(2) shall be submitted with the request. (b) Commission designated stores shall c…

(a) The commission shall accept submittal of items for holiday listing consideration each year. (b) Suppliers shall be notified through their local licensed liquor and wine representative of the holiday listing period. (c) The notice shall include the dates for which the listing …

(a) Retail customers may place requests with the commission for items not currently listed. (b) The commission shall attempt to obtain the item in a timely manner, subject to the following conditions: (1) When ordering, the customer shall provide a complete description of the ite…

(a) Cost changes by vendors and manufacturers may be filed 4 times per year. (b) All vendors and manufacturers shall report a cost change, via the wholesaler or supplier secure portal, as applicable, at https://ice.liquor.nh.gov. (c) Cost changes by vendors and manufacturers shal…

Exchanges for new items for listed items shall be prohibited, and this provision shall include a permanent or temporary change in: (a) The size of the same brand unless the provisions of Liq 303.05(a) or Liq 304.04(a) are complied with; or (b) The brand for another brand in any c…

(a) The commission shall list every product with a brand code. (b) A wine which is marketed by the supplier under a different vintage(s) shall be considered a different product for purposes of brand codes. Notes N.H. Admin. Code § Liq 307.03 (See Revision Note at chapter heading …

The purpose of this part is to set forth the criteria necessary for the commission to de-list a currently listed item, or to remove an item from state liquor stores. Notes N.H. Admin. Code § Liq 308.01 (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #…

(a) In addition to considerations previously set forth in this chapter in Liq 303.04, the commission shall de-list an item for any of the following reasons:(1) Gross profit of a distilled spirit product, prepared cocktail or mixed drink is less than the gross profit determined an…

(a) At the end of each fiscal year and calendar year, the commission shall review the gross profit report and warn vendors and manufacturers by certified mail of a pending de-listing when their product has not met the required gross profit for the class, but has produced at least…

Upon de-listing of a product, prices of existing state inventory shall be reduced by the commission if necessary to liquidate it. Notes N.H. Admin. Code § Liq 308.04 (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8…

The purpose of this part is to set forth the manner by which a manufacturer or vendor shall appeal the decision of the commission to de-list a product or to refuse listing of a product. Notes N.H. Admin. Code § Liq 309.01 (See Revision Note at chapter heading for Liq 300) #5180, …

(a) If a delisted product attains at least 85% of the gross profit requirements of Liq 308.02, vendors and manufacturers may request a review of a de-listing decision by submitting a letter to the commission stating the reason(s) for the review within 15 days from the receipt of …

For this chapter only, the following terms shall be construed as set forth below: (a) "Acceptable payment" means payment by cash, approved credit card, approved debit card, or pre-approved check. (b) "Approved credit" means a sale on terms pursuant to Liq 900. (c) "Bailment" mean…

(a) Bailment warehouser fees shall be paid by vendors unless exempted by statute or rule. Vendor fees for bailment warehouser services shall be specified by contract between the NHSLC and the bailment warehouser(s). (b) Contracted fees shall be charged to all vendors equally by t…

(a) Liquor and wine vendors shall maintain at a bailment site designated by the commission inventory equal to 30 days average sales for each brand code registered with the commission. (b) The NHSLC shall issue administrative notices of violation to vendors when inventory shortage…

Vendors shall remove all products which do not have an active NHSLC brand code from bailment within 60 days. Notes N.H. Admin. Code § Liq 401.04 #7258, eff 5-2-00; ss by #8243, eff 12-31-04 Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10643, Effective 7/1…

Vendors shall remove or have destroyed all products that are damaged from bailment within 60 days. Notes N.H. Admin. Code § Liq 401.05 #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12 Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10643, Effe…

Products with active NHSLC brand codes shall not be removed from bailment except to be delivered to NHSLC control or for shipment out of state with written permission from the NHSLC, which shall be granted for stock in excess of NHSLC requirements. Notes N.H. Admin. Code § Liq 40…

(a) All licensee orders to be picked up from a licensed or commission warehouse shall use the following procedure:(1) Orders shall be submitted to the commission office through the commission's internet ordering system; (2) Orders shall be on approved credit or shall be accompani…

No retail licensee shall solicit, receive or accept any money, merchandise, equipment, or anything else of value from any liquor or wine manufacturer, liquor and wine vendor, liquor and wine representative or liquor and wine sales person, except promotional materials, samples, or…

Retail licensee entertainment by alcohol industry members shall not be considered a violation of RSA Title XIII, provided such entertainment is deductible as a business entertainment expense under the Internal Revenue Code. Notes N.H. Admin. Code § Liq 402.03 #7779, eff 10-18-02;…

Notes N.H. Admin. Code § Liq 402.04 #7779, eff 10-18-02; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

"Neon sign" means, for the purposes of RSA Title XIII, a sign constructed from tubing containing neon or other noble gas used to advertise alcoholic products. Notes N.H. Admin. Code § Liq 403.01 (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; rpld by #6391,…

Brand advertising of liquor or beverages by means of neon signs shall not be permitted in NH. Notes N.H. Admin. Code § Liq 403.02 (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…

No licensee shall use, or allow to be used, the premises for the illegal sale of lottery tickets or games of chance, gambling, or booking of horses or sports events. Notes N.H. Admin. Code § Liq 404.01 (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by #…

(a) Licensees licensed as grocery stores under RSA 178:16 shall have and maintain readily available to the public representative grocery stock which includes: (1) Bread products; (2) Meat products, whether fresh or canned; (3) Dairy products, including milk; (4) Cereal products, …

The cocktail lounge shall be maintained solely as such except when: (a) All alcoholic beverage and liquor is secured or removed from the cocktail lounge; and (b) No liquor is served, sold, or consumed in the cocktail lounge. Notes N.H. Admin. Code § Liq 404.03 (See Revision Note …

(a) For the purposes of this rule "curb service" means any delivery of beverage, wine or liquor to any location which is not specifically authorized by rule or statute. (b) Curb service of liquor, wine or beverage shall be prohibited. (c) Not withstanding the provisions of Liq 40…

(a) Holders of on-sale licenses, other than vessel, dining car or rail car licenses, may extend service of beverage and liquor to clearly defined areas provided: (1) Service is extended to rooms on the contiguous premises as defined by RSA 175:1, LIV, patio areas which are clearl…