reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:33 - Sizes of Beer Containers; Promotions; Notification.

179:33 Sizes of Beer Containers;  Promotions;  Notification. –
I. Holders of beverage vendor, brew pub, nano brewery, or beverage manufacturer licenses shall have their packaging or containers specifically approved by the commission and shall be fined $250 for each packaging or container violation. Container and packaging approval shall not require delivery of a physical sample unless the commission determines a physical sample is necessary for approval.
II. All details of transactions between retailers and wholesale distributors, beverage manufacturers, nano breweries, or brew pubs shall be reflected on pertinent invoices. Promotions shall be clearly identified by both brands and sizes and cash discounts shall be shown as credit and itemized as such. All items noted on delivery slips shall also be noted on wholesale distributor's account receivable ledger records.
III. All wholesale distributors, beverage manufacturers, nano breweries, and brew pubs shall make their current prices for wholesale sales available to the commission in writing by brand package. Prices shall remain in effect until such time as they are changed in writing by the wholesale distributor, beverage manufacturer, nano brewery, or brew pub to the commission. Price changes shall be in the commission offices no later than 5 working days prior to any change of prices.
IV. The liquor commission shall not, by rule or otherwise, require a beverage vendor, beverage manufacturer, nano brewery, or brew pub to obtain federal label approval for beverage, as defined in RSA 175:1, VIII, sold exclusively in the state of New Hampshire.
Source.
1990, 255:1. 1996, 275:28. 1999, 169:8. 2003, 231:30. 2011, 128:3. 2013, 72:1, eff. Aug. 5, 2013. 2017, 121:1, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:34 - Sizes of Wine Containers.

179:34 Sizes of Wine Containers. –
A holder of a wine manufacturer license shall use bottles and containers for the sale of wine in the state which shall be specifically authorized by the commission.
Source.
1990, 255:1. 2003, 231:31, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:35 - Retention of Invoices and Sale and Delivery Slips.

179:35 Retention of Invoices and Sale and Delivery Slips. –
All invoices, sales slips and delivery slips, current and covering a period of 60 days prior to the current date pertaining to purchases of beverages and liquor shall be retained by the licensee on the premises or be readily available for examination by the commission or its liquor investigators.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:38 - Liquor and Wine Payment Procedures.

179:38 Liquor and Wine Payment Procedures. –
All invoices submitted to the commission for payment of liquor or wine purchases shall be submitted in duplicate and shall contain the state of New Hampshire liquor commission purchase order number, the state of New Hampshire brand code numbers, brand names, brand size, quantity in cases, unit and extension prices and discounts allowed. A single invoice with a duplicate copy shall be submitted for each purchase order. Payment for merchandise received shall be made as stated on the purchase order.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:40 - Substitution of Brand; Refilling Bottles.

179:40 Substitution of Brand;  Refilling Bottles. –
I. No licensee shall substitute any other brand of beer, ale, liquor or wine in place of the brand specified by a patron unless the licensee has advised the patron that his desired brand is not available and has received his approval of a substitution.
II. No licensee shall refill any bottle of legally purchased beverage or liquor.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:40-a - Specialty Beer Label Requirements.

179:40-a Specialty Beer Label Requirements. –
No person shall sell any specialty beer having an alcohol content greater than 12 percent unless the label on the container and any packaging for the consumer clearly states the percent of alcohol by volume of the specialty beer.
Source.
2007, 380:5, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:41 - Gifts of Beverage or Liquor.

179:41 Gifts of Beverage or Liquor. –
A licensee may exchange a coupon, ticket or check for beverages or liquor in connection with an admission price or fee if the licensee has obtained prior approval of the commission.
Source.
1990, 255:1. 1992, 115:7. 1996, 275:29, eff. June 10, 1996.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:42 - Package Deals.

179:42 Package Deals. –
Licensees may promote the sale of so-called package deals in which a single price is charged for lodging and beverages and liquor, food and beverages and liquor, or any combination thereof. A package deal shall state the amount of beverages and liquor included. It shall be incumbent upon the licensee to insure that patrons contracting for such package deals meet all requirements of law for the purchase of beverages and liquor.
Source.
1990, 255:1. 1993, 90:1, eff. April 29, 1993.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:43 - Sale on Credit.

179:43 Sale on Credit. –
I. No licensee shall sell beverages or liquor on credit.
II. Notwithstanding the provisions of paragraph I on-premises and off-premises licensees may extend credit through the medium of credit cards or to commercial accounts, for which payment is received within 30 days of the date of the transaction.
Source.
1990, 255:1. 1996, 275:30. 2003, 231:32, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:44 - Free Drinks.

179:44 Free Drinks. –
I. No licensee shall give away free drinks to customers, patrons, members, or guests, in any manner.
II. Notwithstanding paragraph I, beverage manufacturers, liquor manufacturers, rectifiers, beverage vendors, brew pubs, wholesale distributors and their liquor or wine vendors, their liquor and wine representatives, domestic wine manufacturers, and on-premises and off-premises licensees may conduct beverage, liquor, or wine tasting, as applicable, on licensed premises. Liquor, beverage, or wine tasting shall be conducted only during such hours as are authorized by the commission for the sale of the product on the premises.
II-a. Notwithstanding paragraph I, wine manufacturers, beverage manufacturers, nano breweries, liquor manufacturers, and brew pubs may provide samples for tasting to persons of legal drinking age at a farmers' market provided they have received written authorization by the town or city's governing body, which authorization shall remain effective until revoked in writing, and they have provided the commission with a copy of that authorization. Provision of samples shall be restricted to clearly defined areas approved by the commission. Samples shall be limited to one 4-ounce sample per label per person for any beer, specialty beer, or cider, and one 2-ounce sample per label per person for any wine and
1/2-ounce sample per label per person for any liquor.
III. Liquor, beverage, or wine samples shall be consumed on the premises, and, except for wine samples provided by wine manufacturers and liquor samples provided by liquor manufacturers in accordance with RSA 178:6, IX and rectifiers in accordance with RSA 178:7, V, liquor or wine for this purpose shall be purchased from the commission under conditions prescribed by this title. Beverage samples for a tasting shall only be obtained as prescribed by this title.
IV. The commission may adopt rules, pursuant to RSA 541-A, establishing the criteria and procedures for liquor, beverage, and wine tasting within the state.
V. All samples furnished for tasting shall be considered sales for the requirements of RSA 178:26, RSA 178:6, VI, and RSA 178:7, VI.
Source.
1990, 255:1. 1995, 122:1. 1996, 44:1; 275:31, 36. 2003, 231:33, 34. 2011, 165:4, eff. Aug. 13, 2011. 2014, 306:6, eff. Aug. 1, 2014. 2016, 179:1, eff. Aug. 2, 2016. 2021, 173:1, eff. Sept. 28, 2021.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:47 - Off-Premises Special License Restriction.

179:47 Off-Premises Special License Restriction. –
I. Holders of a license for an auction or sheriff's sale shall advise all buyers that no liquor or beverage purchased shall be resold.
II. Any holder of a special license for an auction or sheriff's sale shall supply to the commission within 10 days of the sale the following information:
(a) Name and address of all buyers.
(b) The brands, quantity and purchase price of all items purchased by each buyer.
Source.
1990, 255:1. 2003, 231:35, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:48 - Leasing or Renting Concessions or Part of Business.

179:48 Leasing or Renting Concessions or Part of Business. –
I. No licensee shall lease or rent concession of selling liquor or beverage to any person, firm, limited liability company, or corporation.
II. No persons shall be employed by any on-premises or off-premises licensee to serve or sell beverages or liquor whose compensation is based on a percentage of the sale price of such liquor or beverage.
III. No licensee shall rent or lease any part of his business without prior permission of the commission.
IV. No licensee shall have a direct entrance to such licensee's business from that of another person, without prior permission of the commission.
V. [Repealed.]
Source.
1990, 255:1. 1995, 139:16. 1996, 275:33, 35, VI. 2003, 231:36, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:49 - Storage of Surplus Liquor and Beverage.

179:49 Storage of Surplus Liquor and Beverage. –
No licensee shall store beverages or liquor in any other building or buildings other than that designated in his license, except by written permission from the commission.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:50 - Unlawful Purpose.

179:50 Unlawful Purpose. –
No licensee shall use, or allow to be used, his or her premises for any purpose contrary to law.
Source.
1990, 255:1. 2010, 185:1, eff. Jan. 1, 2011. 2017, 61:1, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:51 - Lighting and Conduct Requirements for On-Premises Licensees.

179:51 Lighting and Conduct Requirements for On-Premises Licensees. –
Holders of on-premises licenses shall conduct their premises in an orderly manner at all times, and the premises shall be well lighted.
Source.
1990, 255:1. 2003, 231:37, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:52 - Posting of Licenses.

179:52 Posting of Licenses. –
Every on-premises or off-premises license shall be posted in a conspicuous place on the premises named in the license.
Source.
1990, 255:1. 2003, 231:37, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:53 - Alteration of Premises.

179:53 Alteration of Premises. –
I. An on-premises or off-premises licensee shall notify the commission of any alteration to the licensed premises.
II. [Repealed.]
III. No licensee shall sell liquor or beverage from a drive-in window.
Source.
1990, 255:1. 1996, 275:34. 2003, 231:37, eff. July 1, 2003. 2023, 86:7, I, eff. Aug. 19, 2023.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:54 - Beverage Taps in View of Public; Names Displayed on Beer Dispensers.

179:54 Beverage Taps in View of Public;  Names Displayed on Beer Dispensers. –
I. All new beverage installations on on-premises licensees' premises, except in food service businesses holding on-premises licenses, shall have their taps in view of the public.
II. On-premises licensees shall display on dispensers of draught beer a knob or sign, illuminated or otherwise, clearly visible to patrons describing the brand or beverage dispensed from such outlets.
Source.
1990, 255:1. 2003, 231:37, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:55 - Notification of Change in Corporate Officers.

179:55 Notification of Change in Corporate Officers. –
Sole proprietorships, partnerships, limited liability companies, or corporations shall notify the commission in writing of any change in the sole proprietorship, partnership, memberships of a limited liability company, or corporation or of its officers. Notification shall be made within 30 days of such change.
Source.
1990, 255:1. 1995, 139:17, eff. July 1, 1995.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:56 - Hearings; Investigations; False Statement; Enforcement Policy.

179:56 Hearings;  Investigations;  False Statement;  Enforcement Policy. –
I. The commission shall adopt and publish rules pursuant to RSA 541-A, to govern its proceedings and to regulate the mode and manner of all investigations and hearings before it. All hearings before the commission shall be in accordance with RSA 541-A:31-36. In any such investigation or hearing the commission shall not be bound by the technical rules of evidence. The commission may subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and may compel, by subpoena, the production of any accounts, books, contracts, records, documents, memoranda, and papers of any kind whatever. A summons issued by any justice of the peace shall have the same effect as though issued for appearance before such court.
II. If any false statement is knowingly made in any statement under oath which may be required by the provisions of this title or by the commission, the person making the same shall be deemed guilty of perjury. The making of any such false statement in any such application or in any such accompanying statements, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the commission, constitute sufficient cause for the revocation of the license.
III. (a) The commission shall adopt by rule under RSA 541-A a formal enforcement policy for licensees under its jurisdiction. This policy shall specify the disciplinary action which the commission shall take for violations of various laws under its jurisdiction. The enforcement policy shall also specify mitigating and aggravating factors which the commission shall consider in determining penalties for specific actions.
(b) In applying its enforcement policy, the liquor commission shall establish and enforce specific determinate penalties for specific offenses. The commission shall not apply penalties such as license suspensions for indefinite periods of time.
(c) In addition to RSA 541-A:30, III, the commission may suspend, for a period of not more than 24 hours without a hearing, any license issued under the provisions of this title, if a risk to public health, safety, or welfare constitutes an emergency requiring such suspension. Any such suspension shall be approved directly by at least one member of the commission before taking effect.
Source.
1990, 255:1. 1991, 204:4, 5. 1994, 412:23. 2004, 142:2. 2013, 258:10, eff. Sept. 22, 2013. 2019, 346:156, eff. July 1, 2019. 2023, 86:5, eff. Aug. 19, 2023.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:57 - Suspension or Revocation; Administrative Fines.

179:57 Suspension or Revocation;  Administrative Fines. –
I. The commission shall cause frequent inspections to be made of all the premises with respect to which any license has been issued under the provisions of this title. If any license:
(a) Violates any of the provisions of law or any of the rules of the commission adopted under this title; or
(b) Fails to superintend in person or through a manager approved by the commission the business for which the license was issued; or
(c) Allows the premises with respect to which the license was issued to be used for any unlawful purposes; or
(d) [Repealed.]
(e) Otherwise fails to carry out in good faith the purposes of this title or if the premises are regularly the site of violence, the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36. Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $5,000 for any one offense. Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.
I-a. Notwithstanding any other provision of law, the commission may accept at any time, a petition from the governing body of a city or town who has voted to accept the provisions of RSA 663:5, I(b), (c) and (d), to revoke a license to sell alcoholic beverages held by a licensee who is located within that community. Any petition filed under this paragraph shall state with particularity all relevant facts and circumstances that sustain the opinion of the petitioner to revoke a license. A licensee against whom a petition is filed shall be entitled to a public hearing before any decision by the commission. All proceedings conducted in conjunction with this paragraph shall conform to the requirements of RSA 541-A.
II. Appeals from a decision of the commission shall be in accordance with RSA 541.
III. The commission shall, upon notification by the commissioner of the department of revenue administration of a tobacco tax violation, suspend or revoke any tobacco license issued under RSA 178. Any challenge to such suspension or revocation shall be made to the commissioner of the department of revenue administration.
Source.
1990, 255:1. 1991, 204:6. 1994, 412:24. 1997, 207:18. 1998, 48:1. 2000, 253:2. 2008, 341:17. 2012, 49:2, eff. July 13, 2012. 2021, 115:1, eff. Sept. 7, 2021. 2023, 86:7, II, eff. Aug. 19, 2023.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:58 - Penalties.

179:58 Penalties. –
I. Any person who violates any of the provisions of this title or any of the rules adopted pursuant to this title shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. In case of appeal by a licensee, the license of such licensee may be suspended at the discretion of the commission during the pendency of such appeal.
II. Any person who holds any license pursuant to this title who offers for sale any beverage or liquor without paying all fees due shall, if a natural person, be guilty of a class B felony and, if any other person, be guilty of a felony and upon conviction shall have his license permanently revoked.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:59 - Prosecutions.

179:59 Prosecutions. –
The commission shall appoint liquor investigators whose primary function shall be the proper prosecution of this title. The liquor investigators shall have statewide jurisdiction, with reference to enforcement of all laws either in cooperation with, or independently of, the officers of any county or town. The commission shall have the primary responsibility for the enforcement of all liquor and beverage laws upon premises where liquor and beverages are lawfully sold, stored, distributed, or manufactured. Any person violating the provisions of any law may be prosecuted by the commission or any of its investigators as provided in this section, or by county or city attorneys, or by sheriffs or their deputies, or by police officials of towns.
Source.
1990, 255:1. 1995, 34:13, eff. June 23, 1995. 2022, 117:1, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:60 - Interference With Liquor Investigators.

179:60 Interference With Liquor Investigators. –
It shall be unlawful to resist or attempt to resist arrest by a liquor investigator, or to obstruct, or to intimidate or interfere with a liquor investigator in the performance of his duty. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:61 - Fines.

179:61 Fines. –
I. All fines imposed by any court and collected for the violation of the provisions of this title shall be paid to the state, county, or town, the officials of which instituted the prosecution.
II. All fines imposed by the commission shall be deposited into the general fund.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:62 - Manufacture, Sale, and Possession of False Identification.

179:62 Manufacture, Sale, and Possession of False Identification. –
I. No person shall knowingly manufacture, sell, advertise for sale, solicit orders for, deliver or cause to be delivered, or produce in any manner any photographic identification card that purports to be an official document issued by a local, state, or federal government, or any political subdivision thereof, which contains false or inaccurate information regarding the name, address, date of birth, or height and weight characteristics of the cardholder. A person who violates this paragraph shall be guilty of:
(a) A misdemeanor.
(b) A class B felony if such person has had 2 or more prior convictions in this state or another state for the conduct described in this paragraph.
(c) A class B felony if such person is engaged in the business of manufacturing, selling, advertising for sale, soliciting orders for, delivering, or causing to be delivered photographic identification cards in violation of this paragraph.
II. In this section, "engaged in the business" means manufacturing, selling, advertising for sale, soliciting orders for, delivering, or causing to be delivered 5 or more photographic identification cards in violation of paragraph I.
III. No person shall possess a photographic identification card that purports to be an official document issued by a local, state, or federal government, or any political subdivision thereof, which contains false or inaccurate information regarding the name, address, date of birth, or height and weight characteristics of the card holder. Any person who violates this paragraph shall be guilty of a misdemeanor.
IV. Interests in any tools, instruments, computer or computerized records, products, and equipment of any kind, or other paraphernalia used in the manufacture, sale, advertising for sale, delivery, or solicitation of any order for sale, of a false identification card, shall, upon petition of the attorney general, be subject to forfeiture to the state and shall be vested in the state.
Source.
1998, 374:2, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:63 - Repealed by 2021, 115:5, II, eff. Sept. 7, 2021.

179:63 Repealed by 2021, 115:5, II, eff. Sept. 7, 2021. –
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 179 - Enforcement, Requirements and Penalties › Section 179:64 - Immunity From Liability.

179:64 Immunity From Liability. –
I. (a) No person under 21 years of age shall be arrested or prosecuted for an offense under this chapter if such person, in good faith and in a timely manner, requests medical or emergency treatment for himself, herself, or another person in a situation that involves risk of overdose to himself, herself, or another person under 21 years of age from the consumption of alcohol including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death from the consumption of alcohol.
(b) No person under 21 years of age shall be arrested or prosecuted for an offense under this chapter if such person was the individual for whom medical or emergency treatment or assistance was sought and the evidence of an offense under this chapter is obtained as a result of another person contacting emergency medical services or law enforcement.
II. This section shall not be a defense to a charge of or prosecution for driving or operating under the influence of alcohol pursuant to RSA 265-A.
Source.
2020, 12:15, eff. Sept. 14, 2020.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:1 - Definitions.

180:1 Definitions. –
I. "Beverage distributors agreement" means a commercial relationship, not necessarily in writing, of definite or indefinite duration, between a beverage manufacturer license holder, brew pub, or beverage vendor, and a wholesale distributor, pursuant to which the wholesale distributor has been authorized to distribute one or more of the brewer's brands of beverages. A beverage distributors agreement shall not be considered to be a franchise relationship. The performance or accomplishment of any of the following acts shall constitute prima facie evidence of an agreement:
(a) The shipment or preparation for shipment of fermented malt beverages by any beverage manufacturer, beverage vendor, or its agents to a wholesale distributor within this state;
(b) The acceptance of any order for fermented malt beverages by any brew pub, beverage manufacturer, beverage vendor, or its agents to a wholesale distributor within this state; or
(c) The payment by a wholesale distributor and the acceptance of payment by any beverage manufacturer, brew pub, beverage vendor, or its agent or the shipment of an order for beverages intended for sale within this state.
II. "Beverage sales territory" means the area of primary sales responsibility expressly or impliedly designated by any agreement between a wholesale distributor and a brew pub, beverage manufacturer, or beverage vendor for the brand or label of a beverage manufacturer or brew pub, or an area designated in a filing with the state liquor commission for self-distribution by a brew pub or beverage manufacturer.
III. "Good cause" means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential and reasonable requirement imposed by either party.
IV. "Wholesale distributor licensee" means any person offering beverages for sale or resale to retailers without regard to whether the business of the person is conducted under the terms of an agreement with a beverage manufacturer, brew pub, or beverage vendor.
Source.
1990, 255:1. 1996, 289:8, 9. 1997, 207:19. 1999, 169:9. 2003, 231:38, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:3 - Cancellation.

180:3 Cancellation. –
I. Notwithstanding the terms, provisions, or conditions of any agreement, no beverage manufacturer, brew pub, or beverage vendor shall amend, cancel, terminate, or refuse to continue or renew any agreement, or cause a wholesale distributor to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation, or resignation. Good cause shall include:
(a) Revocation of the wholesale distributor's license to do business in the state, or suspension of the wholesale distributor's license when such suspension adversely affects the wholesale distributor's ability to sell beverages.
(b) Bankruptcy or insolvency of the wholesale distributor.
(c) Assignment for the benefit of creditors or similar disposition of the assets of the wholesale distributor.
(d) Failure by the wholesale distributor to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement, including but not limited to those specified in RSA 180:11, imposed upon the wholesale distributor by the beverage manufacturer, brew pub, or beverage vendor.
(e) Fraudulent conduct of the wholesale distributor in its dealing with the beverage manufacturer, brew pub, or beverage vendor or the products of the beverage manufacturer, brew pub, or beverage vendor.
II. The mere sale or purchase of a beverage manufacturer, brew pub, or beverage vendor shall not constitute good cause under paragraph I, unless the wholesale distributor declines to execute an agreement with the successor beverage manufacturer, brew pub, or beverage vendor within 30 days after receipt via certified mail return receipt requested. Such agreement must assign the same brand or brands and territory as previously held by the wholesaler distributor in its agreement with the prior beverage manufacturer, brew pub, or beverage vendor, but may impose different obligations upon the parties, which are commercially reasonable and attainable. The successor beverage manufacturer, brew pub, or beverage vendor shall have 60 days after purchase to provide the wholesale distributor with such an agreement or it shall waive its right to present a new agreement, in which case the agreement with the prior beverage manufacturer, brew pub, or beverage vendor shall continue in full force and effect.
Source.
1990, 255:1. 1996, 289:12, 13. 2003, 231:42, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:4 - Notice of Intent to Terminate.

180:4 Notice of Intent to Terminate. –
Prior to any termination procedure initiated by the beverage manufacturer, brew pub, or beverage vendor, a wholesale distributor shall be informed in writing of any claimed deficiency existing in the sales territory and shall be given reasonable time to make requested corrections. After this reasonable time has elapsed, a beverage manufacturer, brew pub, or beverage vendor shall provide a wholesale distributor at least 90 days' prior written notice of any intent to amend, terminate, cancel, or not renew any agreement. The notice shall state all the reasons for the intended amendment, termination, cancellation, or nonrenewal. This section shall not apply if the reason for the amendment, termination, cancellation, or nonrenewal is:
I. The bankruptcy or insolvency of the wholesale distributor.
II. An assignment for the benefit of creditors or similar disposition of the assets of the business.
III. Revocation of the wholesale distributor's license, or suspension of the wholesale distributor's license when such suspension has an adverse impact upon the wholesale distributor's ability to sell beverages.
IV. Conviction or a plea of guilty or no contest to a charge of violating a law relating to the business that materially affects the wholesale distributor's ability to remain in business.
V. Willful breach of any material provision of a written agreement between a beverage manufacturer, brew pub, or beverage vendor and a wholesale distributor.
VI. Any attempted transfer of business assets of the wholesale distributor, voting stock of the wholesaler, voting stock of any parent corporation of the wholesale distributor, any change in the beneficial ownership or control of any entity other than a parent corporation owning or controlling voting stock of the wholesale distributor, or any attempted or actual transfer or assignment of the beneficial interest of membership in a limited liability company, when the wholesale distributor has failed to give reasonable prior written notice to the beverage manufacturer, brew pub, or beverage vendor of the proposed transfer.
VII. The wholesale distributor's failure to pay any account when due, upon demand for such payment in accordance with agreed payment terms.
VIII. Fraudulent conduct of the wholesale distributor in its dealings with the beverage manufacturer, brew pub, or beverage vendor or the products of the beverage manufacturer, brew pub, or beverage vendor.
Source.
1990, 255:1. 1995, 139:18. 1996, 289:14, 15. 2003, 231:43-45, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:5 - Compensation.

180:5 Compensation. –
I. Any beverage manufacturer, brew pub, or beverage vendor which amends, cancels, terminates, or refuses to continue or renew any agreement, or causes a wholesale distributor to resign from an agreement, without good cause in violation of RSA 180:3, or unreasonably withholds consent to any assignment, transfer, or sale of all or any part of a wholesale distributor's business or assets, shall pay the wholesale distributor reasonable compensation for the value of the wholesaler distributor's business or assets that have been lost or diminished as a result of the amendment, cancellation, termination, refusal to deal or renew, or withholding of consent. Reasonable compensation for the value of the wholesale distributor's business or assets that are so lost or diminished shall include the fair market value of the distribution rights that will be so lost or diminished. If a wholesale distributor has been paid a consideration by a successor wholesaler with respect to the sale, transfer, or assignment of the wholesale distributor's interest in the sale or distribution of a brand or brands, the beverage manufacturer, brew pub, or beverage vendor shall be liable only for compensatory damages in an amount reflecting the difference in the amount already paid to the wholesale distributor and the fair market value of the wholesale distributor's beverage business and assets, excluding its tangible assets. If, following an amendment, cancellation, termination, refusal to deal, or forced resignation in violation of RSA 180:3, or an unreasonable withholding of consent to an assignment, transfer, or sale of all or any part of the wholesale distributor business or assets in violation of RSA 180:2, a wholesale distributor remains in business as a wholesale distributor of the affected brand or brands by permanent injunction or otherwise, the wholesale distributor shall be entitled to no compensation under this section, but may recover actual damages, if any, as provided in RSA 180:6.
II. In the event that the beverage manufacturer, brew pub, or beverage vendor and the wholesale distributor are unable to agree on the reasonable compensation to be paid under paragraph I, the matter may, by agreement of the parties, be submitted to a neutral arbitrator to be selected by the parties; or, if having agreed to arbitration the parties cannot agree on an arbitrator, the arbitrator shall be selected in accordance with RSA 542:4.
Source.
1990, 255:1. 1996, 289:16. 2003, 231:46, 47, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:6 - Judicial Remedies.

180:6 Judicial Remedies. –
I. If the brewer or wholesale distributor fails to comply with this chapter, the affected party may maintain a civil action in a court of competent jurisdiction, provided, however, that to the extent the parties by agreement specify that disputes arising out of the brewer-wholesale distributor relationship shall be resolved by arbitration, such procedure shall be exclusive and may be compelled by either party upon proper application. Any agreement to resolve a dispute by arbitration may only be entered after a bona fide dispute has arisen out of the brewer-wholesaler relationship, and no beverage manufacturer, brew pub, or beverage vendor may impose binding arbitration of any issue as a term or condition of its beverage distributor's agreement with a wholesaler distributor or require that the arbitration be conducted outside of this state or be governed by other than the law of this state, except with respect to conflict of laws.
II. In any action brought pursuant to paragraph I the court may grant such relief as the court determines is necessary or appropriate considering the purposes of this chapter.
III. The prevailing party in any action under paragraph I shall be entitled to actual damages as provided in this chapter, including reasonable attorneys' fees and as specified in RSA 180:5, I.
Source.
1990, 255:1. 2003, 231:48, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:7 - Settlement of Disputes.

180:7 Settlement of Disputes. –
Subject to the provisions of RSA 180:6, nothing in this chapter shall be construed to limit or prohibit voluntary good faith settlements of disputes entered into between the parties.
Source.
1990, 255:1. 2003, 231:49, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:8 - Sale of Beverage Manufacturer, Brew Pub, or Beverage Vendor.

180:8 Sale of Beverage Manufacturer, Brew Pub, or Beverage Vendor. –
The purchaser of a beverage manufacturer, brew pub, or beverage vendor shall become obligated to all terms and conditions of the agreement in effect on the date of purchase unless subsequently terminated by the beverage manufacturer, brew pub, or beverage vendor for good cause. "Purchase" shall include, but not be limited to, the sale of stock, sale of assets, merger, lease, transfer, or consolidation.
Source.
1990, 255:1. 1996, 289:17. 2003, 231:50, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:9 - Exclusive Wholesale Distributor Territorial Agreements.

180:9 Exclusive Wholesale Distributor Territorial Agreements. –
It shall be unlawful for a wholesale distributor, brew pub, or beverage manufacturer to sell any brand of beverage in this state except in the territory described in a distribution agreement authorizing sale of that brand or label within a designated area, and within that designated area the wholesale distributor, brew pub, or beverage manufacturer shall service all dealer and retailer licensees without discrimination. The distribution agreement shall be in writing and shall specify the brand or label it covers. When a beverage manufacturer or beverage vendor sells several brands, the agreement need not apply to all brands sold by the beverage manufacturer or beverage vendor and may apply only to one brand. No beverage manufacturer, brew pub, beverage vendor, or other supplier shall provide by the written distribution agreement for the distribution of a brand or label to more than one distributor for all or any part of the designated territory.
Source.
1990, 255:1. 1992, 146:12. 1996, 289:18. 1997, 207:20. 1999, 169:11. 2003, 231:50, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:10 - Filing.

180:10 Filing. –
A copy of each distribution agreement and any amendment to it shall be filed with the commission by the beverage manufacturer, brew pub, or beverage vendor and wholesale distributor, promptly following January 1, 1982, for any distribution agreement in effect on that date, or promptly following its execution for an agreement, renewal, or amendment made after that date.
Source.
1990, 255:1. 1996, 289:19. 2003, 231:50, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:11 - Quality Control Services.

180:11 Quality Control Services. –
Every beverage wholesale distributor shall service, for the purpose of quality control, all of the beverages it sells to its retailers. Each such wholesale distributor shall provide such additional quality control services and comply with such additional quality control standards as are from time to time specified in writing by the owner of the trademark of the brand or label of beverage, provided that such activities or standards are reasonable and are reasonably related to the maintenance of quality control. An exclusive territorial designation in any distribution agreement shall be changed only upon the written consent of the beverage manufacturer, beverage vendor, or brew pub, as applicable, and the wholesale distributor, and shall be filed pursuant to RSA 180:10, and the commission shall require each party to verify that the level of service within the designated territory shall not be affected by such change.
Source.
1990, 255:1. 1996, 289:20. 1997, 207:21. 2003, 231:50, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XIII - Alcoholic Beverages › Chapter 180 - Beverage Distributor Agreements › Section 180:12 - Resale Price Maintenance Prohibited.

180:12 Resale Price Maintenance Prohibited. –
No provision of any distribution agreement shall directly or indirectly establish or maintain the resale price of any brand or label of beverage by the wholesale distributor.
Source.
1990, 255:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:1 - to 184:10 Repealed by 1969, 15:1, eff. April 22, 1969.

184:1 to 184:10 Repealed by 1969, 15:1, eff. April 22, 1969. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:11 - to 184:15 Repealed by 1969, 15:2, eff. April 22, 1969.

184:11 to 184:15 Repealed by 1969, 15:2, eff. April 22, 1969. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:16 - to 184:19 Repealed by 1961, 138:3, eff. Sept. 1, 1961.

184:16 to 184:19 Repealed by 1961, 138:3, eff. Sept. 1, 1961. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:20 - to 184:23 Repealed by 1959, 141:6, eff. Aug. 8, 1959.

184:20 to 184:23 Repealed by 1959, 141:6, eff. Aug. 8, 1959. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:24 - to 184:27-a Repealed by 1961, 138:2, eff. Sept. 1, 1961.

184:24 to 184:27-a Repealed by 1961, 138:2, eff. Sept. 1, 1961. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:28 - to 184:30 Repealed by 1961, 138:2, eff. Sept. 1, 1961.

184:28 to 184:30 Repealed by 1961, 138:2, eff. Sept. 1, 1961. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-a - Pasteurization Required.

184:30-a Pasteurization Required. –
No milk or milk products as defined in RSA 184:79 shall be sold, offered for sale or served unless pasteurized. This shall not serve to prohibit the direct sale of raw milk or cream from the producer, store or milk pasteurization plant to the final consumer, or milk or cream from a producer to stores, nor the sale, within the state, of cheese made from raw milk when such cheese has been aged a minimum of 60 days at a temperature above 35 degrees Fahrenheit, and is clearly labeled as unpasteurized. This section shall not prohibit the direct sale of yogurt made with raw milk by the producer in this state, provided that such yogurt is clearly labeled as having been made with raw milk.
Source.
1961, 138:1. 2001, 137:1. 2009, 319:1, eff. Oct. 6, 2009. 2018, 323:2, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-b - Repealed by 2018, 323:23, I, eff. June 25, 2018.

184:30-b Repealed by 2018, 323:23, I, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-c - Repealed by 2018, 323:23, II, eff. June 25, 2018.

184:30-c Repealed by 2018, 323:23, II, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-d - Repealed by 2018, 70:1, eff. July 24, 2018; 323:23, III, eff. June 25, 2018.

184:30-d Repealed by 2018, 70:1, eff. July 24, 2018;  323:23, III, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-e - Repealed by 2018, 323:23, IV, eff. June 25, 2018.

184:30-e Repealed by 2018, 323:23, IV, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-f - Repealed by 2018, 323:23, V, eff. June 25, 2018.

184:30-f Repealed by 2018, 323:23, V, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-g - Repealed by 2018, 323:23, VI, eff. June 25, 2018.

184:30-g Repealed by 2018, 323:23, VI, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:30-h - Rulemaking.

184:30-h Rulemaking. –
The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A, relative to:
I, II. [Repealed.]
III. Licensing under RSA 184:85.
IV. Denial and revocation of licenses under RSA 184:86.
V. Producer permits required by RSA 184:88.
VI. Application and issue of producer permits under RSA 184:89.
VII. Denial and revocation of producer permits under RSA 184:90.
VIII. Receiving station permits under RSA 184:60-a.
IX. Fees for permits and fines for licenses under RSA 184:76-a.
Source.
1985, 190:91. 1995, 310:182, eff. Nov. 1, 1995. 2018, 323:3, 23, VII, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:31 - to 184:35 Repealed by 1969, 15:3, eff. April 22, 1969.

184:31 to 184:35 Repealed by 1969, 15:3, eff. April 22, 1969. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:38 - to 184:39 Repealed by 1967, 265:3, eff. Aug. 26, 1967.

184:38 to 184:39 Repealed by 1967, 265:3, eff. Aug. 26, 1967. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:41 - to 184:45 Repealed by 1967, 265:3, eff. Aug. 26, 1967.

184:41 to 184:45 Repealed by 1967, 265:3, eff. Aug. 26, 1967. –