New Hampshire Administrative Code

(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 de…

(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…

(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 wil…

(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 …

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) "Pu…

(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 a…

(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 - Sit…

(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)…

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). Notes N.H. Admin. Code § Liq 507.05 (See Revision note at chapter heading for Liq 500) #5043, eff 1-11-91…

(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…

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 liqu…

(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 i…

(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 municipaliti…

(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…

(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. Notes N.H. Admin. Code § Liq 508.05 #5…

(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…

(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. Notes N.H. Adm…

(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 no…

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. Notes N.H. Admin. Code § Liq 508.09 #5261, eff 10-30-91, 10-30-97 New. #6666, eff 1-1-98; ss by #8450, e…

The retail off-premises provisions of RSA 179 shall apply to agency stores. Notes N.H. Admin. Code § Liq 508.10 #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 Amended byVolume XXXIV Number 33, Filed August 14, 201…

(a) The agent shall adhere to its business plan of operation including the approved pricing policy. (b) The pricing policy shall only be modified with the written permission of the commission if the modification does not negatively affect the profit of the commission. (c) All spi…

(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. Notes N.H. Admin. Code § Liq 508.12 #5261, …

(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. Notes N.H. Admin. Code § Liq 508.13 #5261, eff 10-30-91, EXPIRED 10-30-97 New. #6666, eff 1-1-98; s…

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. Notes N.H. Admin. Code § Liq 508.14 #5261, eff 10-30-91, EXPIRED 10-30-97 New. #6666, eff 1-1-98; ss by #8450, eff 10-21-05; ss…

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. Notes N.H. Admin. Code § Liq 508.15 #5261, eff 10-…

(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 an…

(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 shal…

(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 expi…

The commission shall discontinue or seek sales agent applications for an agency store location that has a sales agent vacancy. Notes N.H. Admin. Code § Liq 508.19 #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 Amended byV…

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. Notes N.H. Admin. Code § Liq 508.20 #5…

(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 othe…

"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. Notes N.H. Admin. Code § Liq 510.01 Adopted byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10742, Effect…

(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 …

(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 c…

(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. Notes…

(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. Notes N.H. Admin. Code § Liq 510.05 Adopted byVolume XXXV …

(a) Servings at an educational event shall not exceed 1/2 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 …

No advertising for an educational event at a private residence shall be permitted. Such events shall be by private invitation only. Notes N.H. Admin. Code § Liq 510.07 Adopted byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10742, Effective 12/10/2014, Expires12/10/2…

(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 an…

A cigar bar licensee shall not sell food on the premises. Notes N.H. Admin. Code § Liq 511.02 Derived from Volume XLII Number 45, Filed November 10, 2022, Proposed by #13461, Effective 10/13/2022, Expires 10/13/2032.

(a) For the purposes of this part, "cigar" means a tobacco product wrapped in a tobacco leaf. (b) Cigar related items shall include but not be limited to lighters, cutters, ashtrays, and humidors. (c) The sale of hookahs, pipe tobacco, or cigarettes, shall not be included in the …

(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 o…

The purpose of these rules is to set forth the requirement of RSA 179:56, III, Enforcement Policy. Notes N.H. Admin. Code § Liq 601.01 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES: 01-01-06; ss by #8531, INTERIM, eff 12-…

Nothing contained herein shall be construed to release a natural or other person from complying with statutory law. Notes N.H. Admin. Code § Liq 601.02 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES: 01-01-06; ss by #8531,…

The following terms shall be construed as set forth below: (a) "Administrative action" means the final disposition of any violation which results in a verbal warning, letter of warning, administrative fine, a suspension, or revocation; (b) "Administrative fine" means any dollar a…

Administrative action shall be imposed on licensees for violation of statutes contained in RSA 175-180 or RSA 126-K. Notes N.H. Admin. Code § Liq 601.04 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss by #6391 , eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES: 01-01-06; ss by #853…

Administrative action shall be imposed on licensees for violation of any administrative rule only by citing both the rule and the underlying statute, and imposing the penalty in Liq 603 or Liq 605 for the statute violated. Notes N.H. Admin. Code § Liq 601.05 #4645, eff 7-6-89; ss…