{"id": "HB1410", "year": 1990, "term": "1989-1990", "title": "relative to recodifying the liquor laws and standardizing licensing and fee requirements.", "narrative": "It was introduced on January 3, 1990 and referred to the House Regulated Revenues committee. The committee held a public hearing on January 10, 1990. The majority of the committee recommended that the House pass it with changes by a vote of 16\u20131, and the report was placed on the consent calendar. On January 18, 1990 the House voted to pass it with changes. It crossed to the Senate on January 23, 1990 and was referred to the Senate Ways and Means committee. The committee held a public hearing on March 14, 1990. The committee recommended that the Senate pass it with changes. On March 22, 1990 the Senate voted to pass it with changes. On March 29, 1990 the House voted to reject the other chamber's changes on a voice vote. On April 10, 1990 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d. A committee of conference met on April 17, 1990 to try to settle the differences between the two chambers' versions of the bill. On April 19, 1990 the Senate adopted \u201cConference Committee Report\u201d. On April 19, 1990 the House adopted \u201cConference Committee Report\u201d on a voice vote. The bill was enrolled on April 19, 1990 \u2014 the final check of the text before it goes to the governor. The governor signed it on April 28, 1990, making it Chapter 255 of the session laws. It took effect on July 1, 1990.", "stages": [{"label": "House Committee (Regulated Revenues)", "hand": "H:committee", "text": "It was introduced on January 3, 1990 and referred to the House Regulated Revenues committee. The committee held a public hearing on January 10, 1990. The majority of the committee recommended that the House pass it with changes by a vote of 16\u20131, and the report was placed on the consent calendar.", "notes": ["Reports on the consent calendar are adopted together in one vote, without debate."]}, {"label": "On the House Floor", "hand": "H:floor", "text": "On January 18, 1990 the House voted to pass it with changes.", "notes": []}, {"label": "Senate Committee (Ways and Means)", "hand": "S:committee", "text": "It crossed to the Senate on January 23, 1990 and was referred to the Senate Ways and Means committee. The committee held a public hearing on March 14, 1990. The committee recommended that the Senate pass it with changes.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On March 22, 1990 the Senate voted to pass it with changes.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On March 29, 1990 the House voted to reject the other chamber's changes on a voice vote.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 10, 1990 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d.", "notes": []}, {"label": "Committee of Conference", "hand": "C:conference", "text": "A committee of conference met on April 17, 1990 to try to settle the differences between the two chambers' versions of the bill.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 19, 1990 the Senate adopted \u201cConference Committee Report\u201d.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On April 19, 1990 the House adopted \u201cConference Committee Report\u201d on a voice vote.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "The bill was enrolled on April 19, 1990 \u2014 the final check of the text before it goes to the governor. The governor signed it on April 28, 1990, making it Chapter 255 of the session laws. It took effect on July 1, 1990.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "1990-01-03", "text": "INTRODUCED AND REF TO REG REV; HJ7,P244", "routine": false, "cite": "HJ 7"}, {"date": "1990-01-03", "text": "IN SEAT POCKET ON 1/3/90 DUE ON 1/18/90", "routine": false}, {"date": "1990-01-10", "text": "HEARING JAN10 10:00 RM308,LOB FOR: REGULATED REVENUES", "routine": false}, {"date": "1990-01-11", "text": "MAJ REPORT OTP/AM FOR JAN18 (VOTE 16-1;CC)", "routine": false}, {"date": "1990-01-18", "text": "PROP COMM AM; HC11,P264", "routine": false, "cite": "HC 11"}, {"date": "1990-01-18", "text": "PASSED WITH AM; HJ13,P340 + 355", "routine": false, "cite": "HJ 13"}, {"date": "1990-01-23", "text": "INTRODUCED AND REF TO WAYS & MEANS", "routine": false, "cite": "SJ 5"}, {"date": "1990-03-14", "text": "HEARING 3/14/90 10:00 RM 102,LOB FOR: WAYS & MEANS", "routine": false}, {"date": "1990-03-22", "text": "COMMITTEE REPORT OTPA", "routine": false, "cite": "SJ 14, page 252"}, {"date": "1990-03-22", "text": "PASSED/ADOPTED WITH AM", "routine": false}, {"date": "1990-03-22", "text": "MOTION OF RECONSIDERATION", "routine": false}, {"date": "1990-03-22", "text": "RECONSIDERATION FAILS", "routine": false}, {"date": "1990-03-29", "text": "HOUSE NONC WITH SEN AM REQ CONF COMM, REP KELLEY MA VV;HJ51,P1569", "routine": false, "cite": "HJ 51"}, {"date": "1990-03-29", "text": "<SPKR APPTS REPS: GROSS, SIMON, KELLEY & LEMIRE>", "routine": false}, {"date": "1990-04-10", "text": "SENATE ACCEDED TO REQ FOR CONF COMM", "routine": false}, {"date": "1990-04-10", "text": "PRES APPTS SENS: ROBERGE, BLAISDELL, BARTLETT", "routine": false}, {"date": "1990-04-17", "text": "CONF COMM MEETING APR17 10:00 RM305,LOB", "routine": false}, {"date": "1990-04-18", "text": "CONF COMM REPORT (SEN AM + NEW AM) SIGNED", "routine": false}, {"date": "1990-04-19", "text": "CONF COMM REPORT ADOPTED", "routine": false, "cite": "SJ 20, page 422"}, {"date": "1990-04-19", "text": "CONF COMM REPORT ADOPTED VV; HJ65,P1804", "routine": false, "cite": "HJ 65"}, {"date": "1990-04-19", "text": "ENROLLED; HJ65,P1828", "routine": false, "cite": "HJ 65", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1990-04-19", "text": "ENROLLED", "routine": false}, {"date": "1990-04-28", "text": "SIGNED BY GOVERNOR 04/28/90 EFF:07/01/90 CHAP. 0255", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": false, "votes": false, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "255", "journey": {"steps": [{"date": "1990-01-18", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment"}, {"date": "1990-03-22", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment"}, {"date": "1990-03-29", "body": "H", "act": "nonconcurred", "mark": "h", "text": "Refused the Senate's amendment and asked for a committee of conference on a voice vote"}, {"date": "1990-04-19", "body": "S", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report"}, {"date": "1990-04-19", "body": "H", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report on a voice vote"}, {"date": "1990-04-28", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 255, in effect Jul 1, 1990", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "1990-01-03", "say": "Introduced"}, {"stop": "House", "mark": "p", "date": "1990-01-18", "say": "Passed with an amendment"}, {"stop": "Senate", "mark": "p", "date": "1990-03-22", "say": "Passed with an amendment"}, {"stop": "Governor", "mark": "p", "date": "1990-04-28", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "1990-07-01", "say": "Chapter 255, in effect Jul 1, 1990"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "CONFERENCE REPORT ADOPTED", "senate_status": "CONFERENCE REPORT ADOPTED"}, "sponsors": [{"member_id": "", "name": "Kelley", "party": "", "chamber": "H", "county": "Hillsborough", "district": "13", "label": "Rep. Kelley (Hills 13)", "sequence": 0, "prime": true, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Kelley of Hillsborough Dist. 13", "display_plain": "Rep. Kelley", "display": "Rep. Kelley", "display_full": "Rep. Kelley (Hills 13)", "district_label": "Hills 13", "sort": "kelley", "slug": ""}, {"member_id": "", "name": "Lemire", "party": "", "chamber": "H", "county": "Coos", "district": "8", "label": "Rep. Lemire (Coos 8)", "sequence": 1, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Lemire of Coos Dist. 8", "display_plain": "Rep. Lemire", "display": "Rep. Lemire", "display_full": "Rep. Lemire (Coos 8)", "district_label": "Coos 8", "sort": "lemire", "slug": ""}, {"member_id": "", "name": "Behrens", "party": "", "chamber": "H", "county": "Sullivan", "district": "3", "label": "Rep. Behrens (Sull 3)", "sequence": 2, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Behrens of Sullivan Dist. 3", "display_plain": "Rep. Behrens", "display": "Rep. Behrens", "display_full": "Rep. Behrens (Sull 3)", "district_label": "Sull 3", "sort": "behrens", "slug": ""}, {"member_id": "", "name": "Klemm", "party": "", "chamber": "H", "county": "Rockingham", "district": "22", "label": "Rep. Klemm (Rock 22)", "sequence": 3, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Klemm of Rockingham Dist. 22", "display_plain": "Rep. Klemm", "display": "Rep. Klemm", "display_full": "Rep. Klemm (Rock 22)", "district_label": "Rock 22", "sort": "klemm", "slug": ""}, {"member_id": "", "name": "McKinney", "party": "", "chamber": "H", "county": "Rockingham", "district": "23", "label": "Rep. McKinney (Rock 23)", "sequence": 4, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. McKinney of Rockingham Dist. 23", "display_plain": "Rep. McKinney", "display": "Rep. McKinney", "display_full": "Rep. McKinney (Rock 23)", "district_label": "Rock 23", "sort": "mckinney", "slug": ""}, {"member_id": "", "name": "Roberge", "party": "", "chamber": "S", "county": "", "district": "9", "label": "Sen. Roberge (SD9)", "sequence": 5, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Roberge of Dist. 9", "display_plain": "Sen. Roberge", "display": "Sen. Roberge", "display_full": "Sen. Roberge (SD9)", "district_label": "SD9", "sort": "roberge", "slug": ""}, {"member_id": "", "name": "Torr", "party": "", "chamber": "S", "county": "", "district": "21", "label": "Sen. Torr (SD21)", "sequence": 6, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Torr of Dist. 21", "display_plain": "Sen. Torr", "display": "Sen. Torr", "display_full": "Sen. Torr (SD21)", "district_label": "SD21", "sort": "torr", "slug": ""}, {"member_id": "", "name": "Preston", "party": "", "chamber": "S", "county": "", "district": "23", "label": "Sen. Preston (SD23)", "sequence": 7, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Preston of Dist. 23", "display_plain": "Sen. Preston", "display": "Sen. Preston", "display_full": "Sen. Preston (SD23)", "district_label": "SD23", "sort": "preston", "slug": ""}, {"member_id": "", "name": "St. Jean", "party": "", "chamber": "S", "county": "", "district": "20", "label": "Sen. St. Jean (SD20)", "sequence": 8, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. St. Jean of Dist. 20", "display_plain": "Sen. St. Jean", "display": "Sen. St. Jean", "display_full": "Sen. St. Jean (SD20)", "district_label": "SD20", "sort": "jean, st.", "slug": ""}, {"member_id": "", "name": "Hough", "party": "", "chamber": "S", "county": "", "district": "5", "label": "Sen. Hough (SD5)", "sequence": 9, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Hough of Dist. 5", "display_plain": "Sen. Hough", "display": "Sen. Hough", "display_full": "Sen. Hough (SD5)", "district_label": "SD5", "sort": "hough", "slug": ""}], "rollcalls": [{"date": "1990-03-29", "body": "H", "question": "Nonconcur and Request Committee of Conference", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "nonconcur_conference", "mf": {}, "mrec": "Nonconcur and Request Committee of Conference"}, {"date": "1990-04-19", "body": "H", "question": "Conference Committee Report", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "conference_report", "mf": {}, "mrec": "Conference Committee Report"}], "stations": [{"when": "1990-01-10", "time": "10:00", "what": "hearing", "committee": "Regulated Revenues", "body": "H", "venue": "RM308,LOB", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "1990-03-14", "time": "10:00", "what": "hearing", "committee": "Ways and Means", "body": "S", "venue": "RM 102,LOB", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "1990-04-17", "time": "10:00", "what": "committee of conference", "committee": null, "venue": "RM305,LOB", "video_id": "", "watch": null, "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": [], "tallies": [], "state": "prestream", "candidate": null}], "reports": [], "docket_reports": [{"date": "1990-01-11", "dated": "recorded", "body": "H", "committee": "Regulated Revenues", "side": "Majority", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": 16, "vote_nays": 1, "amendment": "", "new_title": false, "cite": "", "cite_url": ""}, {"date": "1990-03-22", "dated": "recorded", "body": "S", "committee": "Ways and Means", "side": "", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": null, "vote_nays": null, "amendment": "", "new_title": false, "cite": "SJ 14", "cite_url": ""}], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Liquor and Beer", "subject_source": "granite record", "house_committee": "Regulated Revenues", "senate_committee": "Ways and Means", "lsr": "1990-2213", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2213&sy=1990&txtsessionyear=1990&txtbillnumber=hb1410&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=2213&sy=1990&txtsessionyear=1990&txtbillnumber=hb1410&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2213&sy=1990&txtsessionyear=1990&txtbillnumber=hb1410&sortoption=billnumber", "kind": "docket"}], "amendments": [], "billtext": {"version": "", "title": "", "analysis": "This bill recodifies the laws relating to liquor and beverage sales, manufacture, distribution, and licensing. The laws are organized into 6 chapters, including:\n\nI. Definitions and general provisions.\n\nII. The liquor commission.\n\nIII. State liquor stores.\n\nIV. Liquor licenses and fees.\n\nV. Enforcement, requirements, and penalties.\n\nVI. Beverage distribution agreements.\n\nThe bill also standardizes the structure and application of licensing and fees.", "fiscal": {"lead": "", "tables": [{"caption": "", "raw": ["The Liquor Commission indicates this bill, as amended by the Senate, will increase state revenues by $270,206 in FY 1991 and in each year thereafter. There will be no impact on county or local revenues, nor on state, county or local expenditures."]}]}, "body": "4109B\n\n08\n\nnine hundred and ninety\n\nrelative to recodifying the liquor laws and standardizing licensing\n\nand fee requirements.\n\nBe it Enacted by the Senate and House of Represen-\n\ntatives in General Court convened:\n\n1 Liquor Laws Recodification. Title XIII is repealed and reenacted to read as follows:\n\nTITLE XIII\n\nALCOHOLIC BEVERAGES\n\nCHAPTER 175\n\nDEFINITIONS AND GENERAL PROVISIONS\n\n175:1 Definitions. In this title:\n\nI. \"Adult\" means any individual 21 years of age, or older.\n\nII. \"Airport\" means any type of landing area open to the public, which has facilities including but not limited to hangers, refueling areas, maintenance or repair service and commercial scheduled passenger aviation operations.\n\nIII. \"Alcohol\" means that substance known as ethyl alcohol or hydrated oxide of ethyl alcohol which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, including all dilutions and mixtures of these substances.\n\nIV. \"Alpine slide\" means a recreational facility open to the general\n\npublic, equipped with at least one permanent slide and at least one passenger tramway device as described in RSA 225-A:2, 1(a) through 1(e).\n\nV. \"Ballroom\" means an indoor facility which has seating accommodations for at least 500 patrons and which provides live entertainment.\n\nVI. \"Bed and breakfast\" means a building or buildings regularly used and kept open as such in a bona fide manner for the feeding and lodging of transient guests. A bed and breakfast shall have at least 4 rentable rooms and an area of dining capable of accommodating the number of registered guests and be housed in the primary residence of the owners or operators and whose posted room rates shall include breakfast.\n\nVII. \"Beer\" means beer, lager beer, ale, porter and similar fermented malt beverages.\n\nVIII. \"Beverage\" means any beer, wine, similar fermented malt or vinous liquors and fruit juices and any other liquid intended for human consumption as a beverage having an alcoholic content of not less than 1/2 of one percent by volume and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit.\n\nIX. \"Beverage representative\" means one who offers for sale or solicits orders for the sale of any beverage. A beverage representative shall be employed by the holder of a beverage vendor, beverage vendor importer or wholesale distributor license.\n\nX. \"Beverage vendor\" means an individual, partnership, or corporation, including any subsidiaries thereof, which sells beverages manufactured in the United States to wholesale distributors.\n\nXI. \"Beverage vendor importer\" means an individual, partnership or corporation, including any subsidiaries thereof, which sells beverages to\n\nwholesale distributors manufactured outside of the United States.\n\nXII. \"Bowling facility\" means a facility equipped with 6 or more regulation lanes in operating condition.\n\nXIII. \"Brewer\" means a person who owns or operates a brewery.\n\nXIV. \"Brewery\" means any place or premises where any beer is manufactured and all offices, granaries, mash-rooms, cooling-rooms, vaults, yards, cellars, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept.\n\nXV. \"Caterer-off site\" means a person who operates a convention center, restaurant or hotel, and who conducts catering for private functions at off site locations.\n\nXVI. \"Catering facility-on site\" means a facility with on site, permanent kitchen and dining facilities, with seating for 100 persons or more.\n\nXVII. \"Club-bottle\" means a facility for the storage, service of, or support of the consumption of alcoholic beverages by persons who have paid for such service in a direct or indirect manner. Said business shall not be issued a license for the sale of liquor, wine or beverages.\n\nXVIII. \"Club-college or university\" means a facility operated under the authority of an accredited college or university for use by its students, faculty, alumni and their guests.\n\nXIX. \"Club member\" means an individual which, whether as a chartered member or admitted in accordance with the bylaws of the club, has become a member and who maintains membership in good standing by the payment of dues in a manner in accordance with bylaws and whose name and address is entered\n\non the list of members. No individual who does not have full club privileges shall be considered a member.\n\nXX. \"Club-military\" means a facility operated within the confines of a National Guard Armory for the sale of liquor, wine and beverages to members and their guests.\n\nXXI. \"Club-social\" means a group of individuals, incorporated under the laws of this state and may be affiliated with any national fraternal organization approved by the commission, either of which shall have been in existence for at least one year before the club's application for license. The premises occupied by the club, whether owned or leased shall not have been operated for pecuniary gain for that one-year period. The club shall be for the use of members and their guests and the property and fixtures of the club shall belong to the members. The members shall have the right to vote in club affairs and run for office.\n\nXXII. \"Club-veterans\" means a facility operated under the authority of a group of individuals, incorporated under the laws of this state, and which may be affiliated with any national organization, whose members comprise persons who served for not less than 90 days in the armed forces of the United States during any war in which the United States was engaged, and received an honorable discharge from such service. The premises occupied by the club, whether owned or leased shall not have been operated for pecuniary gain. The club shall be for the use of members and their guests and the property and fixtures of the club shall belong to the members. The members shall have the right to vote in club affairs and run for office.\n\nXXIII. \"Cocktail lounge\" means a room operated for the purpose of serving liquor and beverages without the benefit of food. A cocktail\n\nlounge shall be equipped with a bar area for the display of stock and the preparation and refrigeration of product. The cocktail lounge shall be an independent area which shall not serve as a primary access to other areas.\n\nXXIV. \"Commission\" means the state liquor commission.\n\nXXV. \"Complimentary liquor, wine or beverage\" means a specified quantity of liquor, beverage or wine which is included in pricing of lodging, meals or other transactions.\n\nXXVI. \"Convention center\" means a facility with seating for at least 600 persons consisting of at least one public dining area, which shall seat at least 175 persons, where meals are regularly served, and at least one cocktail lounge with a capacity of at least 200 persons, and convention rooms which together shall seat at least 225 persons and which are regularly used for the assembly of persons participating in business, political, professional or other organizational gatherings.\n\nXXVII. \"Corporation\" means a corporation organized and incorporated under the laws of this state or authorized to transact business within this state.\n\nXXVIII. \"Designee\" means a person designated in writing by the owner or operator of a business to hold the liquor license for that particular business. The owner or operator shall not designate more than one designee at a time and shall not be entitled to hold a license at the premises stated while such designation is in effect with said designee. The designee shall only be allowed to hold such license as long as the owner or operator is in lawful operation at the premises stated in the license.\n\nXXIX. \"Dining car\" means any car which, while attached to a train operating for the transportation of passengers upon a regular or special schedule, is used for the serving of meals to passengers.\n\nXXX. \"Drink rail\" means a rail constructed at bar height with a minimum of 12 inches in width per seating side. Drink rails shall be permanent in nature and shall be attached to a wall or the floor. Drink rails shall comprise no more than 50 percent of a facility's seating capacity, with each 2 feet of drink rail constituting one seat per side.\n\nXXXI. \"Drug store\" means a business licensed under the provisions of RSA 318:38.\n\nXXXII. \"Full course meal\" means a diversified selection of food which ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking.\n\nXXXIII. \"Full service restaurant\" means a room or rooms capable of seating, at tables with chairs or at booths, at least 20 guests at one time. The dining room and kitchen shall be sufficiently staffed. Meals shall be readily available, promoted and served to the table. The menu shall contain a variety of full course meals and a sandwich menu may be substituted at the noon meal.\n\nXXXIV. \"Function room\" means a room or rooms which may be utilized for private groups in addition to a licensee's full service restaurant public dining room. When used for private groups, the function room may have a portable bar or service bar, and may be approved for entertainment and dancing. When the function room is not used for private groups, it may be operated as an additional full service restaurant dining room.\n\nXXXV. \"Golf facility\" means a commercially operated facility, whether publicly or privately owned, offering golf facilities for a fee, having as part of such facilities, a golf course of not less than 9 holes and an average total of not less than 1,000 yards per 9 holes.\n\nXXXVI. \"Grocery or convenience store\" means any retail establishment\n\nwhere groceries are regularly and customarily sold for consumption off premises. Such establishment shall have and maintain groceries which are readily available to the public, the wholesale value of which shall not be less than $3,000, exclusive of cigarettes, magazines, newspapers, wine and beverages. Such groceries shall be representative of grocery items commonly found in such stores.\n\nXXXVII. \"Hotel\" means a facility regularly used, maintained and kept open for the feeding and lodging of transient guests. A hotel shall have at least 12 rentable rooms of which at least 8 shall have private baths.\n\nXXXVIII. \"Intoxicated individual\" means an individual whose mental or physical faculties are impaired as a result of drug or alcohol use so as to diminish that person's ability to think and act in a manner in which an ordinary, prudent and cautious person, in full possession of his faculties and using reasonable care, would act under like circumstances.\n\nXXXIX. \"License\" means the authority granted by the commission to engage in the sale of liquor, wine or beverages otherwise unlawful unless evidenced by such document.\n\nXL. \"Licensed establishment\" means premises licensed to sell liquor, wine or beverages.\n\nXLI. \"Licensee\" means the person to whom a license of any kind is issued by the commission.\n\nXLII. \"Liquor\" means all distilled and rectified spirits, alcohol, wines, fermented and malt liquors and cider, of over 6 percent alcoholic content by volume at 60 degrees Fahrenheit.\n\nXLIII. \"Liquor and wine import warehouser\" means a person holding a liquor or wine vendor's license or both as issued by the commission, who maintains a warehouse for product storage, and the appropriate records of\n\nhis business operations. An importer shall sell liquor and wine only to the commission or to out-of-state entities.\n\nXLIV. \"Liquor and wine representative\" means a person who offers for sale or solicits orders for the sale of any liquor or wine or both. A liquor and wine representative shall be employed by the holder of a vendor's license. A licensed representative may also employ registered salespersons to act in his behalf.\n\nXLV. \"Liquor and wine salesperson\" means an individual who offers for sale or solicits orders, and installs product displays for the sale of any liquor or wine. A liquor and wine salesperson shall be employed by the holder of a liquor and wine representative's license.\n\nXLVI. \"Liquor vendor\" means an individual, partnership or corporation, which sells liquor and fortified wines containing more than 14 percent alcoholic content by volume at 60 degrees Fahrenheit to the state.\n\nXLVII. \"Live entertainment\" means at least one person employed with or without compensation to entertain guests or patrons on the premise of a licensed establishment and shall include, but not be limited to, musicians, disc jockeys, theater companies and other related performers. Mechanical music, automated recordings of any type, videos or films by themselves shall not be considered live entertainment. Audience participants shall not be considered live entertainment.\n\nXLVIII. \"Manufacturer's license\" means a license for the production of liquor, wine or beverage in the state of New Hampshire.\n\nXLIX. \"Minor\" means an individual under the age of 21.\n\nL. \"Off sale\" means table wine and beverage sold for consumption off the premises.\n\nLI. \"On sale\" means liquor, wine and beverage sold for consumption\n\non the premises.\n\nLII. \"Performing arts facility\" means a non-profit facility which seats more than 50 persons and has as its primary purpose the encouragement, promotion and presentation of the performing arts for the benefit of the general public.\n\nLIII. \"Person\" means an individual, partnership or corporation.\n\nLIV. \"Premises\" means and includes all parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest and which the licensee uses in the operation of the licensed business, and which have been approved by the commission as proper places in which to exercise the licensee's privilege.\n\nLV. \"Product display\" means any rack, bin, placard, poster, sign and the like, on or under which liquor, wine or beverage are displayed and sold.\n\nLVI. \"Racetrack\" means a facility which is licensed by the state's pari-mutuel commission, for pari-mutuel betting purposes.\n\nLVII. \"Racquet sport facility\" means a facility which has at least one indoor regulation size tennis or regulation racquetball court, or 2 regulation size curling links, which are kept in proper condition.\n\nLVIII. \"Rail car\" means any car which while attached to a train operating for the transportation of passengers on a regular or special schedule is utilized as a cocktail lounge.\n\nLIX. \"Restaurant\" means a space, in a suitable or permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served. It shall be provided with an adequate and sanitary kitchen, and seating for 20 patrons.\n\nLX. \"Retail outlet\" means any florist shop, grocery or convenience store, department store, drug store, restaurant, hotel, motel, or any other\n\nretail establishment approved by the commission.\n\nLXI. \"Service bar\" means a permanent area used only for the preparation of liquor, wine or beverage for the service to tables of patrons by employees. A service bar shall have provisions for the storage of liquor stock, refrigeration and preparation area.\n\nLXII. \"Service bar-portable\" means a service bar which is movable and utilized in function or banquet rooms at such times that they are being utilized for private parties.\n\nLXIII. \"Ski facility-cross country\" means an area comprised of at least 50 kilometers of groomed trails for cross-country skiing. A cross-country ski facility shall have a permanent structure for use by the public.\n\nLXIV. \"Ski facility-downhill\" means an area equipped with at least one of the licensed tramway devices defined under RSA 225-A:2, 1(a) through 1(e) inclusive, and which has snowmaking capabilities. A downhill ski area shall have properly maintained slopes and a minimum vertical drop of 500 skiable feet. A downhill ski area has a permanent structure for use by the public.\n\nLXV. \"Vessel\" means a boat, ship or vessel approved by the U.S. Coast Guard or public utilities commission, whichever shall apply, for hire, operating out of any port of the state.\n\nLXVI. \"Wholesale distributor\" means a person licensed by the commission to engage in the purchase of beverages only from the holders of beverage vendor licenses or beverage vendor importer licenses. Wholesale distributors may resell, to other licensees, beverages in their original containers, as prepared for the market by the manufacturer, but not for consumption, except for tasting on the premises of the wholesaler.\n\nLXVII. \"Wine-domestic\" means any wine containing more than 6 percent alcohol by volume and not more than 24 percent alcohol by volume, which is manufactured or bottled in this state from grapes or other fruits grown in this state, or brought into the state in their natural state for the purpose of fermentation and blending with wine produced from New Hampshire grapes or fruits, or wine which is brought into this state by a manufacturer to be blended with wine produced from New Hampshire grapes or fruits by a winery located in this state. The percentage of New Hampshire wine shall be at least 5 percent.\n\nLXVIII. \"Wine-fortified\" means a product obtained by combining naturally fermented fruit or other agricultural products and alcohol products resulting in more than 14 percent, but not more than 24 percent, alcoholic content by volume at 60 degrees Fahrenheit.\n\nLXIX. \"Wine-table\" means a product obtained by the fermentation of the natural content of fruit or other agricultural products containing sugar and containing more than 6 percent but not more than 14 percent alcoholic content by volume at 60 degrees Fahrenheit.\n\nLXX. \"Wine vendor\" means an individual, partnership, or corporation, which sells table wine to the state, containing more than 6 percent but not more than 14 percent alcoholic content by volume at 60 degrees Fahrenheit.\n\n175:2 Adulteration or Misbranding. The commission shall cause such precautions to be taken as it may deem necessary to insure the purity and freedom from misbranding of all liquors sold. It shall be unlawful to manufacture for sale or to sell any liquor or beverage as defined in this chapter which is adulterated with any deleterious drug, substance, or liquid which is poisonous or injurious to the health.\n\n175:3 Purchases of Sacramental Wines. Any duly authorized officer of a\n\nregularly organized religious body may order from any source for shipment to such religious body wines to be used for sacramental purposes only in the services of such religious body.\n\n175:4 Advertising.\n\nI. All other advertising of liquor and beverages is prohibited unless specifically authorized by the commission.\n\nII. The commission is authorized to advertise and regulate the advertisement of liquor and beverages through the medium of newspapers, magazines, periodicals, television and radio broadcasting, sports films and travelogs. All advertising of liquor and beverages within the state through the medium of billboards is hereby prohibited.\n\nIII. Any funds appropriated to the commission for the purposes of paragraph I shall be expended in the following manner:\n\n(a) Eighty percent for liquor advertising with out-of-state media; and\n\n(b) Twenty percent for liquor advertising with media in the state.\n\n175:5 Cider. This title shall not apply to sales of cider containing not more than 6 percent of alcohol by volume at 60 degrees Fahrenheit. Sale by manufacturers and farmers of cider containing more than said 6 percent may be made to the commission under such regulations and with such fees as said commission may prescribe, and such cider may be shipped out of the state under such regulation and fees as the commission may prescribe.\n\n175:6 Transportation of Liquor. No person shall transport liquor in this state in a greater quantity than 3 quarts, unless said liquor was purchased from a state store or from a holder of a combination or retail wine license in accordance with RSA 178:16 and RSA 178:17 or from a winery holding a limited winery special sales license in accordance with RSA\n\n178:6. Provided, however, that the commission in its discretion may grant to an individual, upon application, a license to transport for a specific journey liquor not purchased at a state store for his own personal use, in a quantity not to exceed 3 gallons. Quantities exceeding 3 gallons may be transferred with a license issued by the commissioner providing a fee of 25 percent of the entire value of the product is paid to the commission. It shall be lawful for common carriers to transport liquor to state stores, to state warehouses, to licensees under this title, to purchasers of liquor at state stores, and from manufacturers to state warehouses, state stores, and to the state line for transportation outside the state; for licensees under this title to transport liquor from state stores to their place of business; and for manufacturers to transport within the state to state warehouses and state stores and to the state line for transportation outside the state.\n\n175:7 Local Option.\n\nI. The voters of any city or town shall vote on certain questions concerning the sale and consumption of liquor, malt beverages or wine in that city or town as provided in RSA 663:5.\n\nII. The application of the vote taken at the biennial election held in November, 1964, shall be as provided in RSA 663:6.\n\nIII. The recount of any local option vote, the procedures for holding such a recount, the declaration of the results of such a recount and the procedure for an appeal from such a recount shall be as provided in RSA 660:13-15.\n\nCHAPTER 176\n\nTHE LIQUOR COMMISSION\n\n176:1 Commission. There shall be a state liquor commission consisting\n\nof 3 members appointed by the governor with the consent of the council. Not more than 2 members shall belong to the same political party. Each member shall hold office for a term of 6 years and until his successor has been appointed and qualified. If a vacancy shall occur in the commission, it shall be filled for the remainder of the term. Any or all of the commissioners may be removed by the governor and council for cause.\n\n176:2 Chairman; Compensation. The chairman of the commission shall be appointed and commissioned as such by the governor with the consent of the council, and his term shall be coterminous with each term of the governor unless his successor shall have been sooner appointed. The expiration or termination of a commission member's term of office as chairman of the commission shall in no way affect the length of his term as a commission member as established under RSA 176:1. The annual salary of each member of the commission shall be as specified in RSA 94:1-a, and the commissioners shall receive their reasonable expenses while traveling in the performance of their duties, provided that they shall not be allowed as expenses travel between their places of residence and their office in Concord, nor shall they be allowed board or lodging while in Concord.\n\n176:3 Duties. The primary duties of the liquor commissioners shall be to maximize state revenue, to maintain proper control and to be solely responsible for the efficient and effective operation of the commission.\n\n176:4 Requirements. The members of the commission shall devote their entire time to the service of the commission. No member of the commission shall be directly or indirectly interested in the liquor or beverage business. The compensation and expenses of the commissioners and the expenses of the administration of this chapter shall be paid by the state on the warrant of the governor with the approval of the council.\n\n176:5 Bond. Before entering upon the duties of his office each member of the commission shall give bond in the sum of $10,000, with sufficient sureties to be approved by the governor and council, conditioned upon the faithful discharge of the duties of his office, which bond shall be deposited and safely kept in the office of the secretary of state.\n\n176:6 Offices; Seal. The commission shall be provided with suitable offices in the city of Concord. It shall adopt a proper seal.\n\n176:7 Assistants. The state liquor commission may employ such assistants as are, in its opinion, necessary for the proper transaction of its business, and fix their compensation, subject to the regulations of the state personnel commission. It may secure any necessary technical or professional assistance.\n\n176:8 Personnel, Procedures, and Responsibilities. In addition to all other staff employed by the commission, the commission shall appoint the following personnel who shall be classified state employees. Such personnel shall be responsible for overseeing the functions of the commission and shall perform such additional duties as the commission shall from time to time assign:\n\nI. There shall be a chief of licensing and enforcement who shall report to the commission. He shall have such labor grade as may be determined by the department of personnel. He shall supervise the day-to-day activities of the commission's enforcement and licensing functions. The chief shall handle all license applications. The chief shall make recommendations, in writing, to the commission, on whether to grant the license application. The commission shall then either grant or deny the request, stating their reasons in writing. An aggrieved applicant may appeal the commission's decision to the commission as a whole.\n\nRevocations and suspensions of licenses shall follow the same procedure.\n\nII. There shall be a director of marketing and merchandising who shall have such labor grade as may be determined by the division of personnel. He shall report directly to the commission. The director of marketing and merchandising shall be responsible for sales promotions, mark-up recommendations, advertising, and listing and delisting of products to maximize profits for the state. The director of marketing and merchandising shall recommend sales to promote competitive position, coordinate in-store promotion with advertising programs, and recommend to the commission the delisting of products not meeting gross profit levels and the listing of products that will maximize profits to the state. The director shall be responsible for recommending, in writing, to the commission, the listing and delisting of products with justifiable, written reasons for the recommendation. All requests for listings and delistings of products shall be made to the commission, to the attention of the chairman, which shall refer all requests to the director of marketing and merchandising for a recommendation. All recommendations for listings shall be forwarded to the commission in writing by the director of marketing and merchandising. The commission shall then approve or disapprove the recommendation, stating the reasons in writing. An applicant may appeal to the commission, in writing, any negative decision.\n\nIII. There shall be a director of store operations who shall have such labor grade as may be determined by the division of personnel and who shall be responsible for store operations. He shall report directly to the commission. The director of store operations shall:\n\n(a) Recommend changes in store locations and hours.\n\n(b) Plan store activities to provide maximum customer service.\n\n(c) Maximize revenues by promoting the most efficient operation of stores.\n\n(d) Coordinate the flow of information and reports between the commission and the store managers.\n\n(e) Work with the director of marketing and merchandising so as to help formulate and implement the most effective sales, promotional, and marketing techniques.\n\nIV. There shall be a director of warehousing and transportation who shall have such labor grade as may be determined by the division of personnel and who shall be responsible for the warehousing and transportation functions of the commission. The director of warehousing and transportation shall develop plans to operate warehouses in the most efficient manner, maintain traffic rate information, develop security measures to minimize loss of inventory and make recommendations to the commission for improvements in material handling and purchasing. The director of warehousing and transportation shall report directly to the commission.\n\nV. There shall be a director of data processing who shall have such labor grade as may be determined by the division of personnel and who shall be responsible for the data processing activities of the commission. The director of data processing shall maintain records to assure fiscal and inventory control, prepare reports as required by the commission, design and implement internal security procedures to minimize losses to the state, gather and consolidate information for budgetary and other purposes, and recommend to the commission improvements in the commission's hardware and software as may be needed to keep the system current with industry. The director of data processing shall report directly to the commission. Such\n\nreports shall include, on a regular basis:\n\n(a) The results of sales, post-offs, and other sales promotions.\n\n(b) An analysis of the profitability of each item listed for sale by the commission.\n\nVI. There shall be a director of financial reporting and analysis who shall have such labor grade as may be determined by the division of personnel and who shall be responsible for all financial and accounting functions, including preparations for monthly and annual financial reports, including analyses of the results of operations. The director of financial reporting and analysis shall:\n\n(a) Assist the commission in financial planning, budgeting, and appropriation request preparation.\n\n(b) Install and maintain records to assure fiscal and inventory control.\n\n(c) Maintain financial records for each store which shall show such store's operating costs and profitability.\n\n(d) Report directly to the commission.\n\nVII. There shall be a director of purchasing who shall have such labor grade as may be determined by the division of personnel and who shall be responsible for the purchase of all products listed for sale in the state liquor stores. The director of purchasing shall:\n\n(a) Assist the other directors in maintaining levels of inventory within economic limits that meet sales demands.\n\n(b) Effectively organize the placement of orders to maintain a balance of receiving workload at the warehouses.\n\n(c) Maintain a harmonious relationship with suppliers in regards to problems in filling orders on a timely basis.\n\n(d) Report directly to the commission.\n\n176:9 Liquor Investigator, Training.\n\nI. The commission may, subject to rules adopted by the department of personnel, employ and dismiss liquor investigators. Liquor investigators shall, under the direction of the commission, investigate any or all matters arising under this title.\n\nII. Any new liquor investigator employed by the commission under this section after August 13, 1985, shall, within 6 months of employment, satisfactorily complete a preparatory police training program as provided by RSA 188-F:27, unless he has already completed such a program.\n\nIII. Any member of the commission, assistant, or liquor investigator may enter any place where liquor or beverages are sold or manufactured, at any time, and may examine any license or permit issued or purported to have been issued under the terms of this title. They shall make complaints for violations of this title.\n\n176:10 Preference Given. Any person who served for not less than 90 days in the armed forces of the United States during \"any war in which the United States was engaged, and received an honorable discharge from such service,\" shall be given preference in appointment under the provisions of RSA 176:7, RSA 176:9, RSA 177:4, and RSA 179:58, if qualified therefor and if registered in accordance with the provisions of RSA 283:7.\n\n176:11 Commission to Sell. It shall be the duty of the commission to buy and have in its possession liquor for sale in the manner provided in this title. Such liquors shall be free from adulteration and misbranding within the meaning of the provisions of RSA 146. All liquors sold for medicinal use shall conform to the standards and tests for such liquors as laid down in the United States Pharmacopoeia, official at the time of\n\nsale. All purchases of liquor shall be made by the commission directly and not through the office of the state purchasing agent. The commission shall be subject to all the provisions so far as applicable of RSA 9.\n\n176:12 New Hampshire Products. The commission, wherever feasible, shall purchase and list for sale in all state stores the domestic liquor and wines manufactured or bottled in this state by a manufacturer.\n\n176:13 Listing and Delisting of Products.\n\nI. All decisions regarding listing and delisting of products for sale shall be made by the commission.\n\nII. The commission shall adopt rules under RSA 541-A establishing procedures and criteria for listing and delisting of products for sale. These rules shall include procedures for appeal of commission decisions.\n\nIII. All requests for action regarding listing or delisting from vendors or their representatives shall be submitted to the commission, to the attention of the chairman.\n\n176:14 Rulemaking. The commission is hereby authorized to adopt rules necessary to protect the public in administering the provisions of this title and to carry out its powers and duties under this title. Such rules shall be adopted pursuant to RSA 541-A.\n\n176:15 Insurance. The commission shall have power to insure the state liquor warehouse or warehouses and contents against fire and sprinkler damage and such insurance shall be purchased through the director of purchase and property after consultation with the board of approval established by RSA 93:2.\n\n176:16 Funds. All gross revenue derived by the commission from the sale of liquor, or from licenses to manufacture or sell liquor, shall be deposited into the general funds of the state. The expenses of\n\nadministration and all other expenditures provided for in this title shall be paid by the state treasurer on warrants of the governor with the advice and consent of council.\n\n176:17 Purchases by the Liquor Commission. The liquor commission shall purchase all liquor, wine, and beverages from primary sources. For the purposes of this title, primary source means the manufacturer or producer, whether or not it is within the state. If a primary source is not available, the commission shall vote at its regular meeting to allow an exemption and shall explain why such exemption has been allowed.\n\nCHAPTER 177\n\nSTATE LIQUOR STORES\n\n177:1 State Stores. The commission may lease and equip, in the name of the state, such stores, warehouses, and other merchandising facilities for the sale of liquor as are necessary to carry out the provisions of this chapter. The commission may lease, in the name of the state, space in state stores to banks for the purpose of installing automated teller machines. Any lease or contract made pursuant to this section shall be approved by the attorney general and, in the case of a contract, by the governor and council as well as the attorney general, before becoming effective. Rules adopted by the commissioner of administrative services under RSA 21-I shall govern all such contracts. No newly established state store shall be operated within 200 feet of any public or private school, church, chapel, or parish house.\n\n177:2 Closing of State Stores. The commission shall close any state liquor store which has been in business for a reasonable period of time\n\nwhich is not producing a profit or which is producing only a marginal profit. The commission shall have the authority to close any such state store whether the decision to open such store was made by the commission or the legislature.\n\n177:3 Store Plan. The state liquor commission shall develop and maintain a formal written store plan for its retail liquor stores. This plan shall establish goals and policies related to the number, size, and staffing patterns of state operated retail liquor stores to ensure the efficient and effective operation of the state store system. The plan shall be reviewed and revised as necessary and shall include, but not be limited to, policies related to:\n\nI. The operational definition of a marginal store, identification of such stores, and specific plans to consolidate or otherwise improve the profitability of such stores.\n\nII. The optimum size, location, and staffing pattern of stores to maximize their profitability. This shall include a plan to increase use of part-time employees to reduce store personnel costs and a formula for determining appropriate rental payments for leased stores.\n\nIII. Plans for the expansion of the existing store system where such expansion is justified.\n\n177:4 Operation of State Stores, Sales Persons. The commission may in its discretion operate stores for the sale of liquor in such cities and towns as shall have accepted the provisions hereof as hereinafter provided, and, subject to the state personnel rules, and within the limits of available appropriations and funds, may employ sales persons to sell liquor\n\nin said stores. Any sales person employed for any store shall have been a resident of the state for at least 6 months prior to such employment. The salaries of such sales persons shall not be governed by the amount of sales. No sales person employed to sell liquor under the provisions of this chapter shall sell liquor except such as may be legally obtained under the provisions of this title.\n\n177:5 Sunday and Holiday Openings. Notwithstanding any other provision of law, the commission may, in its discretion, open for business on any Sunday or legal holiday any state liquor store located on a main route where traffic is heavy; provided, however, that no state liquor store may be opened for business at any time on January 1, Easter, Thanksgiving day whenever appointed and Christmas day. Although full-time employees shall be given the option of working, no such employee shall be required to work on such days. The commission may employ part-time employees, subject to the rules of the state personnel commission, to staff stores open on Sundays or holidays. Any full-time employee who works on such days shall be paid 1-1/2 times his regular rate of pay for the actual number of hours worked.\n\n177:6 Liquor Dispensed Only Through Commission. Except as provided in RSA 178:6, II, no liquor shall be sold in any state store, nor by any sales agent, nor by any person holding an on-sale or off-sale retail license under RSA 178, except that obtained from the commission.\n\n177:7 Packages. All liquor sold in state stores shall be sold for consumption off the premises. Such liquor shall be in packages containing such quantity as the commission shall prescribe. The commission is\n\nauthorized to prescribe the form of bottle and package and to bottle such liquor as it may deem necessary and proper. The price of all liquor sold shall be sufficient to pay for the cost of the liquor purchased, plus the operating expenses of the state stores, plus a proportionate part of the overhead expenses of the commission, plus an additional charge; all to be determined by the commission. The commission is hereby authorized to limit the amount of liquor which may be purchased by any person.\n\n177:8 Historical Fund.\n\nI. The commission is hereby authorized and directed to enter into contracts for the manufacture and purchase of commemorative bottles of historic significance, and pamphlets describing their historical significance. The commission shall add a special markup including the cost of the pamphlets to the cost of the bottles, above its customary markups for retail sales.\n\nII. All revenue from these special markups shall be reported separately by the commission and, after the cost of the pamphlets is subtracted, shall be credited to the legislative appropriation and kept as a special non-lapsing fund to be known as the historical fund. The historical fund shall be within the oversight of the legislative historical committee established in RSA 17-I:1. No part of the fund shall be transferred or expended for any purpose except by the historical committee in carrying out its responsibilities under RSA 17-I.\n\n177:9 Special Sales Agents. In towns adopting the provisions of this chapter, and where there is no state store, the commission shall establish in exceptional cases, a special sales agent for the state, to sell in such\n\ntowns liquors in packages, in such place and under such regulations as the commission may determine.\n\nCHAPTER 178\n\nLIQUOR LICENSES AND FEES\n\n178:1 Licenses Required; Enforceability of Contracts and Agreements.\n\nI. No person shall manufacture for sale or sell or keep for sale any liquor or beverage without first registering to do business with the secretary of state and obtaining a license for such activity under the provisions of this title.\n\nII. Any name or trade name displayed outside the business manufacturing for sale or selling or keeping for sale shall be registered with the secretary of state by the applicant for the licenses issued under this title. If the name or trade name is owned by someone other than the user, the user shall obtain the consent to use that name or trade name from the registered owner.\n\nIII. Any person applying for a liquor and wine representative license shall have been a New Hampshire resident, or shall have at least one director, officer, partner or licensed sales person who has been a New Hampshire resident for at least 3 years immediately preceding the date of application.\n\nIV. Any person applying for the license specified in paragraph III shall not have a record of any felony conviction.\n\nV. All contracts and agreements entered into by liquor and wine\n\nrepresentatives shall be enforceable under New Hampshire laws.\n\n178:2 Licenses Authorized. The commission may issue licenses to\n\nindividuals, partnerships, or corporations but not to unincorporated associations, on application duly made therefor for the manufacture, sale, offer for sale, or solicitation of orders for sale of liquor or beverages within the state, subject to the limitations and restrictions imposed by this title. They shall keep a full record of all applications for licenses, of all recommendations for and remonstrances against the granting of licenses, and of the action taken such applications.\n\n178:3 Liquor Manufacturer License. The manufacture of liquor in this state shall be licensed under rules adopted by the commission and under such terms as are not inconsistent with the provisions of the constitution of the United States or the statutes of the United States. No liquor manufactured in this state by any manufacturer shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.\n\n178:4 Liquor Vendor License. Except as provided in RSA 178:6, II any person desiring to sell liquor other than table wine shall register to do business with the commission, designate a licensed liquor representative, and obtain a liquor vendor license. A liquor company shall be defined for the purpose of this section as a firm, partnership, or corporation. The vendor's license shall expire annually on the last day of the month of the incorporation or other organization of the liquor company and shall be renewed annually by the commission, upon application, unless the commission finds, after notice and hearing, that the renewal of such license would be against the public interest.\n\n178:5 Liquor and Wine Import Warehouser License. No person shall\n\nimport into this state for resale liquor or wine as defined by RSA 175:1 unless such person holds an import warehouser's license issued pursuant to the provisions of this chapter. The commission may issue an import warehouser's license to an applicant who possesses a suitable warehouse for product storage and maintains adequate business records readily available for inspection by the commission. Liquor and wine imported into the state pursuant to this chapter shall be sold only to the commission, consistent with applicable statutes, or to out-of-state entities.\n\n178:6 Wine Manufacturer's License.\n\nI. The manufacture of domestic wines in this state, shall be permitted under rules adopted by the commission under RSA 541-A, and under such terms as are not inconsistent with the provisions of the constitution of the United States, or the statutes of the United States. No domestic wine manufactured in this state by any manufacturer shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.\n\nII. Each manufacturer shall have the right to sell and to transport and deliver domestic wines manufactured by it directly to the holders of on-sale or off-sale licenses issued by the commission.\n\nIII. Each manufacturer shall have the right to sell at retail or wholesale at its winery for off-premises consumption any of its domestic wines. Visitors at said premises may be provided with reasonable samples\n\nof wine for tasting.\n\nIV. Each manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under this section.\n\nV. Each manufacturer shall pay to the commission on a monthly basis an amount equal to 5 percent of its gross sales of domestic wine sold directly to other licensees, and retail sales at its winery, which payment shall be paid to the commission on or before the tenth day of the following month.\n\nVI. Retail sales on a manufacturer's premises for domestic wine products listed by the commission shall be at prices not less than those in effect at state stores, and for domestic wine products sold wholesale to licensees at the same prices which the commission sells to them.\n\nVII. Each manufacturer shall have the right to transport domestic wines manufactured by it to the state border for transportation and sale outside the state.\n\nVIII. Each manufacturer shall have the right to hire such sales representatives as it desires, and shall have the right to solicit sales of its domestic wines directly to other licensees.\n\n178:7 Table Wine Vendor License. Except as provided in RSA 178:6, II no table wine shall be sold in this state except to the state liquor commission unless the manufacturer thereof holds a valid wine vendor license pursuant to the provisions of this chapter. Such wine vendor license shall be issued by the commission upon application for such license and payment of the required fee unless the commission finds the issuance of such a license is not consistent with the purposes of this title; provided, that the license shall not be granted unless and until such manufacturer shall have made a written agreement with the commission to comply with the rules adopted by the commission. If a manufacturer fails to comply with\n\nsaid agreement or fails to comply with any law or rule, the commission may,\n\nin its discretion suspend or revoke such license.\n\n178:8 Liquor and Wine Representative License. A liquor and wine representative license shall authorize its holder to offer for sale or solicit orders for the sale of any liquor or wine, if the vendor of such liquor or wine is the holder of a liquor and vendor license. A licensed liquor and wine representative may also employ registered sales persons in accordance with RSA 178:9. A liquor or wine representative may not hold any other license except a liquor and wine importer's license, a liquor vendor's license, a wine vendor's license, and a liquor manufacturer's license. The annual fee shall be due on the last day of the month of the licensee's birthday or, when the licensee is not a natural person, on the last day of the month of the licensee's incorporation or other organization. The commission shall approve all applications for licenses authorized under this section unless it shall have good cause not to approve one.\n\n178:9 Liquor and Wine Sales Persons.\n\nI. A liquor and wine representative licensed under RSA 178:8 may employ sales persons who shall be registered with the commission. The commission shall approve all applications for licenses authorized under this section unless it shall have good cause not to approve one.\n\nII. Liquor and wine sales persons shall only offer liquor and wine for sale or solicit orders for liquor and wine while in the employ of a licensed liquor and wine representative.\n\nIII. The registration of sales persons shall expire annually on the\n\nsame date as the license of the supervising liquor and wine representative.\n\n178:10 Beverage Manufacturer License.\n\nI. Beverage manufacturer licenses shall authorize the licensee to manufacture beverages within the state.\n\nII. The holder of a beverage manufacturer license, or his designee, may be issued a restaurant, full service restaurant, a full service\n\nrestaurant with lounge or a vessel license at the discretion of the commission. The annual fee for each license issued under this section shall be as required under RSA 178:27.\n\nIII. The holder of a beverage manufacturer license may operate a hospitality room on his premises in which he may make available to visitors, free of charge, samples of beverages manufactured on the premises. The sample beverages shall be consumed in a hospitality room and shall be made available only to those visitors who are of legal drinking age. The hospitality room shall require commission approval in respect to its location, service facilities, and seating arrangements. All employees serving or dispensing beverages in the hospitality room shall be 18 years of age and approved by the commission.\n\nIV. The holder of a beverage manufacturer license, may sell beverages to his employees who are of legal drinking age. Such sales may be made at such discounts as are customary in the business.\n\n178:11 Carrier Licenses.\n\nI. Carrier licenses shall authorize the licensee to transport and deliver beverages within this state, and when picking up from the holder of a beverage manufacturer license for delivery outside the state.\n\nII. Carrier licenses shall authorize the licensee to transport and deliver wines, or when picking up from domestic wine manufacturer license holders and delivering outside the state.\n\n178:12 Beverage Vendor or Beverage Vendor Importer License.\n\nI. The holder of a beverage vendor license may sell to wholesale distributor licensees beverages manufactured in the United States.\n\nII. The holder of a beverage vendor importer license may sell beverages manufactured outside the United States to wholesale distributor licensees.\n\nIII. The holder of a beverage vendor or beverage vendor importer license shall furnish to the commission, on or before the tenth day of each month, a report under oath, on a form prescribed by the commission showing the quantity of beverages sold or delivered to each wholesale distributor licensee during the preceding calendar month. A license may be revoked for failure to submit such a report.\n\nIV. The commission may, in its discretion, suspend or revoke the license of such beverage vendor or beverage vendor importer if such beverage vendor or beverage vendor importer discontinues to sell beverages to holder of wholesale distributor licenses because such wholesale distributor sells beverages manufactured or imported by another manufacturer or importer.\n\n178:13 Wholesale Distributor License.\n\nI. Wholesale distributor licenses shall authorize the licensees to sell beverages in barrels, bottles, or other closed containers to licensees for resale or to the general public. The holder of a wholesale distributor\n\nlicense shall maintain a regular place of business in this state.\n\nII. No person shall have through stock ownership, interlocking directors, or otherwise, an interest or control, either direct or indirect, in the business of the holder of a wholesale distributors license, unless he has been a resident of the state for at least 3 consecutive years immediately prior thereto. The provisions of this section shall not apply to the renewal of wholesale permits which were in existence on March 15, 1957, nor shall it be deemed to refer to persons who acquired their interest as heirs-at-law or spouse of the deceased, by the law of intestate succession or, in the case of a will, those who acquired their interest under will, provided that such legatees are also heirs-at-law or spouse of the deceased.\n\nIII. Each wholesale distributor holding a license under this section shall annually give to the state of New Hampshire a bond with sureties satisfactory to the commission in such penal sum as may be determined by the commission, conditioned upon the payment of the fees required under the provisions of this chapter. The amounts due under said bond shall be recoverable in an action of debt to be brought by the attorney general upon complaint of the commission. The commission may waive the giving of such bond if satisfactory reports and payments are made which precede the statutory requirements.\n\nIV. The holder of a wholesale distributor license may hold one on-sale license with respect to the premises designated in such wholesale distributor license. The holder of a beverage manufacturer license shall not sell beverages to other licensees by virtue of such license unless the\n\nholder of a beverage vendor license in this state. Retail licensees shall purchase only form holders of a wholesale distributor license.\n\nV. The holder of a wholesale distributor license, or his designee, may be issued a restaurant, full service restaurant, full service restaurant with lounge, or vessel license in the discretion of the commission.\n\n178:14 Beverage Representative Licenses. A beverage representative license shall authorize the licensee to offer for sale or solicit orders for the sale of any beverage if the seller of such beverage is the holder of a beverage vendor, beverage vendor importer, or wholesale distributor license issued under this chapter. Beverage representative license shall be issued only upon the recommendation of the seller whom the beverage representative represents.\n\n178:15 Off-Sale Special Licenses.\n\nI. The commission may issue a special license to an assignee, sheriff, or other person, including an administrator or executor, to sell liquor or beverages which may have come into his possession in his official capacity.\n\nII. The commission may issue a special license to any public television station or public radio station to auction wine and liquor to the public. Such auctions shall be part of the public television station's or public radio station's regular fund raising program. Only wine and liquor donated to the station may be auctioned under this paragraph; provided, however, that such donors of wine or liquor shall not hold licenses issued under the provisions of this chapter. Wine and liquor\n\ndonated for the purposes of this paragraph need not have been purchased in this state.\n\n178:16 Combination License.\n\nI. Off-sale licenses shall be issued only for grocery and drug stores not holding on-sale licenses. Such licenses shall authorize the licensees to sell table wine and beverages for consumption only off the premises designated in the licenses and not to other licensees for resale. Such sale shall be made only in the immediate container in which the beverage was received by the off-sale combination licensee; except that in the case of the holder of wholesale distributor license, beverages may be sold only in such barrels, bottles, or other containers as the commission may by rule prescribe. There shall be no restriction on the number of combination retail table wine and beverage licenses held by any person. The license shall authorized the licensee to transport and deliver beverages ordered from and sold by him and to transport and deliver table wines ordered from and sold by the commission and sold by the licensee in vehicles operated under his control or an employee's control.\n\nII. All sales of beverages and table wine shall be recorded on cash registers. No additional registers shall be added during the remainder of the year without prior approval of the commission. No rebate shall be allowed for cash registers discontinued during the license year.\n\n178:17 Retail Table Wine License.\n\nI. A retail table wine license may be issued by the commission to any person operating a retail outlet in this state which shall allow the licensee to sell table wines directly to individuals at retail on the\n\npremises for consumption off the premises; provided, however, that persons holding any license authorizing the sale of liquor or wine by the glass under this chapter shall sell the table wines authorized pursuant to this section in a separate area of the premises from the areas licensed for on-sale consumption. A separate license shall be required with respect to each place of business of an applicant. The license shall authorize the licensee to transport and deliver table wines ordered from and sold by the commission and sold by the licensee in vehicles operated under his control or an employee's control.\n\nII. All sales of table wine shall be recorded on cash registers. No additional registers shall be added during the remainder of the year without prior approval of the commission. No rebate shall be allowed for cash registers discontinued during the license year.\n\nIII. On-sale licensees licensed under this chapter shall maintain separate rooms for storage, shelving, display and sale of table wine for consumption off the premises. Such rooms shall be equipped with at least one cash register which shall be capable of separately registering table wine sales and such rooms shall have an attendant at all times while open for business. Wine purchased for resale by virtue of the retail table wine license shall be purchased on separate invoices from that wine intended for consumption in the dining room or lounge and separate sales records shall be maintained for this purpose.\n\n178:18 On-Sale Beverage and Wine Licenses.\n\nI. The commission may issue a license to any of the types of businesses specific in paragraph II of this section in any town which has\n\nvoted to accept the provisions of RSA 663:5, I(b) and (c). The license issued shall entitle the licensee to serve beverages and wines and similar venous liquors or fruit juices containing at least 1/2 percent and not over 24 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container, and by the bottle if the cap or cork is removed, for consumption on the premises designated by the commission.\n\nII. The commission may authorize bed and breakfasts with suitable cooking and dining areas, dining cars, vessels with dining areas, restaurants, and outlets of the New Hampshire Fair Association who are members in good standing to serve beverages and wines in any areas approved by the commission at such times as food is available. New Hampshire Fair Association outlets shall not be subject to reduced fees as provided by RSA 178:27.\n\nIII. No beverages or liquor shall be consumed in the licensed areas except those that are sold by the licensee.\n\nIV. No beverages or liquor shall be removed from the licensed premises by patrons.\n\nV. Notwithstanding the fact that the town of Errol has voted or votes in any referendum to prohibit the sale of liquor and beverages, a license as provided paragraph I and a license to sell beverages and wines by the glass or by the bottle, if the cork is drawn, to customers, may be issued to any full service restaurant in said town but only if the restaurant is open and does business at least 10 months of every calendar year and said restaurant shall meet all other requirements of this section.\n\n178:19 On-Sale Beverage and Liquor Licenses.\n\nI.(a) The commission may issue a license to any of the types of businesses specified in paragraph II of this section in any town which has voted to accept the provisions of RSA 663:5, I(b), (c), and (d). The license shall entitle the licensee to serve beverages containing at least 1/2 percent and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit by the glass or other suitable container and by the bottle with the cork or cap removed, and liquor containing more than 6 percent alcohol by volume at 60 degrees Fahrenheit, by the glass or other suitable container and wines, by the glass, by the bottle with the cork or cap removed or other suitable container, under rules adopted by the commission.\n\n(b) No beverage or liquor shall be consumed on the premise except that which is sold by the licensee.\n\n(c) No beverage or liquor shall be removed from the licensed premises by patrons.\n\nII. The commission may authorize establishments, as they are defined in RSA 175:1, having full service restaurants to sell beverages at such time as food is available and liquor with meals.\n\n(a)(1) Licenses for Full Service Restaurants. The commission may issue a license to any full service restaurant. Such license shall entitle the licensee to sell beverages and liquor, to be consumed with meals at tables in the approved dining rooms of the restaurant. Full service restaurants holding cocktail lounge licenses may serve liquor in the dining room without meals when the restaurant kitchen is in operation, and meals are being served in that dining room. The dining room shall not, however, be used as a substitute for lounge operations. Licenses shall be granted\n\nonly to restaurants approved by the commission and which show the commission on forms, filed annually between January 15 and February 15, for the previous calendar year, that at least 50 percent of the gross sales of any such licensee are in food. Restaurants with annual food sales of at\n\nleast $100,000 shall be exempt from the 50 percent requirement. The commission shall at least annually review each license, and application for renewal, on the conditions stated in this paragraph.\n\n(2) The dining room shall be open for business at least 5 days a week for evening meals, unless the commission has granted an exemption.\n\n(3) Private groups contracting for function rooms may be served beverages and liquor without food provided the public dining room remains in operation.\n\n(4) Notwithstanding the fact that the towns of Newington, New Hampton and Landaff have voted or vote in any referendum to prohibit the sale of liquor and beverages, a license to sell beverages by the glass or other suitable container or by the bottle with cap removed; wines or fortified wines by the bottle with cap removed; wines or fortified wines by the bottle, if the cork is drawn, or liquor by the glass or the suitable container to customers with meals at tables only, may be issued to any full service restaurant in the towns of Newington, New Hampton and Landaff but only if the restaurant is open and does business at least 10 months of every calendar year and said restaurant shall meet all other requirements of this section.\n\n(b)(1) Hotel Full Service Restaurant. The commission may issue a license to any hotel in any town. Notwithstanding the fact that the town\n\nwhere the hotel is located has voted not to approve the sale of beverages in said town, the license issued to a hotel shall entitle the licensee to:\n\n(A) Sell liquor by the glass or other suitable container\n\nand wine by the bottle, if the cork is drawn, or by other suitable container to guests with meals in the dining room or in the rooms of guests.\n\n(B) Sell beverages, liquor, and wine by the bottle which shall be delivered to the rooms of guests, provided that such sales are not made below the cost of such beverages and liquor.\n\n(C) Include a specified quantity of complimentary beverages and liquor as part of a contract for the hosting of a convention or offer a specified quantity of complimentary beverages or liquor in soliciting such conventions. As used in this paragraph \"convention\" means an assembly of persons participating in a business, political, professional or other organizational gatherings. Notwithstanding RSA 175:4 or any rules adopted under that section, hotels may advertise and offer package deals to resident guests, which include complimentary drinks, provided such offers shall be limited to persons of legal drinking age.\n\n(D) Sell beverages and liquor in bottles or containers not exceeding one liter capacity, which shall be stored under lock and key in a cabinet or miniature refrigerated bar in hotel rooms and which shall be available only to hotel room guests who are of legal drinking age.\n\n(2) The dining room shall be open for business at least 5 days a week for evening meals, unless the commission has granted an exception.\n\n(3) Hotels holding lounge licenses may serve beverages and liquor in the dining room without meals provided the hotel kitchen is in\n\noperation and meals are being served in the dining room. The dining room may not be used as a substitute for lounge operations.\n\n(c) Beds and Breakfasts. The commission may issue a license to any bed and breakfast which has 4 rentable rooms and full service dining area capable of seating the total number of registered guests and shall entitle the licensee to:\n\n(1) Sell liquor and beverages to guests with meals in the dining room or in the rooms of guests.\n\n(2) Sell liquor and beverages by the bottle which shall be delivered to the rooms of registered guests, provided that the charge for such liquor and beverages is not below cost.\n\n(d) Dining-Cars. The commission may issue a license to any railroad or car corporation, or designee, operating any dining cars in which food is served within this state, authorizing the holder of the license to sell in such cars liquor and beverages to be consumed in such cars. Such license shall be good throughout the state in both license and nonlicense territory, and only one such license shall be required for all cars operated in the state by the same owner.\n\n(e) Vessels. The commission may issue a special license to the owner or operator of a passenger vessel operating out of any port of the state. Such license shall allow the sale of liquor or beverages in any dining room on such vessel which has been approved by the commission.\n\n178:20 On-Sale Cocktail Lounge Licenses.\n\nI. The commission may issue a license to the types of businesses listed in RSA 178:20, V in any town which has voted to accept the\n\nprovisions of RSA 663:5, I(b), (c) and (d). The license issued shall entitle the licensee to serve beverages, by the glass, by the bottle with cap removed or in any other suitable container, wines by the glass, by the bottle with the cork or cap removed or in any other suitable container, or liquor by the glass or other suitable container.\n\nII. No person under the age of 18 shall be in the cocktail lounge unless accompanied by a parent, legal guardian, or adult spouse.\n\nIII. No beverage or liquor shall be consumed on the licensed premises except that sold by the licensee.\n\nIV. No beverages or liquor may be removed from the licensed premises by patrons.\n\nV. The commission may authorize the following types of businesses as they are defined in RSA 175:1 to sell beverages and liquor in cocktail lounges:\n\n(a) Airports. The commission may issue a cocktail lounge license to any operator of an airport or his designee. Such cocktail lounge license shall allow the licensee to serve liquor and beverages in such rooms as, may be designated by the commission. Food and coffee shall be available without requiring a minimum or cover charge.\n\n(b) Alpine Slides. The commission may issue a cocktail lounge license to any operator or his designee of an alpine slide facility. Such license shall allow the licensee to sell liquor and beverages to persons within rooms approved by the commission.\n\n(c) Ballrooms.\n\n(1) The commission may issue a cocktail lounge license to any\n\nballroom which has seating accommodations for at least 500 patrons. The cocktail lounge license shall allow the licensee to sell liquor and beverages to patrons but only at such times as \"live entertainment\" as defined in RSA 175:1, is being provided by the licensee.\n\n(2) Any ballroom may open its facilities to the public for functions of a limited duration during which time liquor and beverages shall not be available to patrons and during which time all liquor and beverages shall either be removed from the area open to the public or locked and unaccessible to persons other than employees approved by the commission. Any licensee of a ballroom may so open the facilities upon notice in writing to the commission at least 5 business days prior to the function. If the facility is open for special functions at which time liquor and beverages are not available to patrons, the commission shall not impose any conditions as to who may attend such functions or whether or not live entertainment is provided so long as local fire and building code requirements are met.\n\n(3) Any licensee of a ballroom may receive a supplemental license from the commission to close all or part of the ballroom facilities to the public for special social functions at which only bona fide members of a social club or organization or persons who have been invited to a family social function shall be admitted. The commission shall issue such a license to allow the licensee to sell liquor or beverages to persons attending such social functions if the licensee applies for one at least 5 business days prior to the function and pays a fee for each such function. If only part of the ballroom facilities are used for such a function, the\n\nlicensee may operate the remaining facilities under his license issued under subparagraph (c)(1).\n\n(d) Bowling Facilities. The commission may issue a cocktail lounge license to any operator of a bowling facility, or his designee. Such license shall allow the licensee to serve liquor and beverages to patrons in rooms at the bowling facility as may be designated by the commission.\n\n(e) Caterers, On and Off Site.\n\n(1) The commission may issue a cocktail lounge license to any caterer with on-site permanent kitchen facilities and permanent dining facilities capable of seating 100 persons or more. Such license shall allow the licensee to serve liquor and beverages with or without meals to members of a private party in any room of such on-site catering facility designated by the commission. For the purposes of this paragraph, persons under the age of 18 shall be allowed in rooms where beverages and liquor are served without a parent or guardian present. Such lounge license may allow the licensee to serve liquor and beverages on the premises of any public building approved by the commission. Licenses shall be granted only to such caterers as the commission, at its discretion, shall approve and then only to such caterers as shall show the commission on forms and under rules adopted by the commission that at least 50 percent of their combined food and liquor and beverage sales shall fall within the category of food. Caterers with annual food sales of $100,000 shall be exempt from the 50 percent requirement. Caterers shall notify the commission not less than 5 days in advance of a function specifying date and time of the scheduled\n\nfunction. New premises or locations shall be approved by the commission 10 days before the scheduled events.\n\n(2) The commission may issue a license to any person holding a full service restaurant license, hotel full service restaurant or convention license to conduct an off-site catering business on the premises of other licensed establishments or the premises of any public building approved by the commission. For the purposes of this paragraph, persons under the age of 18 shall be allowed in rooms where liquor and beverages are sold. A license issued under the provisions of this paragraph shall allow the licensee to serve liquor and beverages with or without meals to members of a private party contracting for such service. Such caterers shall notify the commission not less than 5 days in advance of a function specifying the date, time and location of the scheduled function. New premises and locations shall be approved by the commission at least 10 days before the scheduled event.\n\n(3) For the purposes of subparagraph (e):\n\n(A) \"Private group\" means an assembly of persons gathered for a designated social or business occasion, present by invitation or reservation and shall in no way be construed to mean the general public.\n\n(B) \"Public building\" means any building maintained and available for any person, group or organization which may include retail business establishments, when they are not open to the public; licensed premises, provided there is a physical, unmovable barrier between the license business and the catered area; and tents, gazebos, or other defined outdoor areas provided 2 separate toilet facilities are located in the\n\nimmediate vicinity. A private building shall in no way be construed to mean a private residence.\n\n(4) Premise restrictions.\n\n(A) The holder of a caterers on or off-site license shall ensure, at every function, that all state laws are compiled with and that any entertainment provided shall be approved by the commission.\n\n(B) On-site caterers shall file, between January 15 and February 15 of each year, a certificate form, with the commission covering food and beverage and liquor sales for the previous calendar year. All catered sales shall be noted on the certificate form which shall be furnished by the commission.\n\n(f) College Clubs. A college or university club may be entitled to a license for the sale of beverages and liquor to members and guests in a room or rooms approved by the commission.\n\n(g) Military Club. An operator or his designee of a military club may be entitled to a license for the sale of liquor and beverages to members and guests in a room or rooms approved by the commission.\n\n(h) Veterans Clubs and Social Clubs.\n\n(1) The commission may issue cocktail lounge licenses to social or veterans clubs incorporated under the laws of the state and which may be affiliated with any national fraternal organization, for the sale of liquor and beverages to members and guests in a room or rooms approved by the commission. A licensee under this section shall sell for convenience and for a reasonable profit to be determined by the commission. Each licensee shall make a sworn report to the commission for each month on or\n\nbefore the 15th of the following month, in such form as the commission may require, showing the income from liquor and beverages sold and the expenses properly chargeable to the business for the month. The cost of the cocktail lounge license shall be considered and expense chargeable to the business.\n\n(2) No person under the age of 18 shall be in any room where liquor and beverages are sold.\n\n(3) The commission may issue to a club licensed under subparagraph (h)(1) a supplemental license to set up a separate bar facility to serve liquor and beverages to private groups in a rental hall approved by the commission. This supplemental license shall allow the club to hold up to 18 events for a fee or up to 36 events for an additional fee. The club shall be responsible for compliance with this title and any rules adopted under it. The club shall notify the commission at least 5 days before any scheduled event which shall be serviced by such bar facility. The commission may suspend the use of any bar facility without affecting the status of any other license in effect on the club premises.\n\n(4) Clubs may allow private groups to bring in or sell their own liquor and beverages in approved rental facilities provided there is a complete separation between the club area and the rental area.\n\n(i) Convention Centers. The commission may issue a cocktail lounge license to any convention center. Such license shall allow the licensee to sell liquor and beverages in rooms approved by the commission, to persons within the convention center. Liquor and beverages shall be sold with meals in the public dining rooms. Persons under 18 years of age\n\nshall be accompanied by a parent, legal guardian, or adult spouse when in convention rooms where liquor or beverages are being sold. Patrons of any age may be allowed in the dining rooms.\n\n(j) Golf Facility. An operator or designee of a golf facility may be entitled to a cocktail lounge license for the sale of liquor and beverages to patrons in rooms approved by the commission.\n\n(k) Hotel. The commission may issue a cocktail lounge license to any hotel holding a hotel full service restaurant license issued under RSA 178:19, II(b)(1) to serve liquor and beverages in any room of a hotel designated by the commission. No cocktail lounge shall be operated on days that the dining room is closed. No cocktail lounge shall operate before the dining room opens for meals, except if breakfast and noon meals are not offered, the lounge may operate one hour before the dining opens for the evening meal. The commission may extend the cocktail lounge license to include the use of a dining area in the restaurant of the hotel after such area has been closed for serving meals, but not before 9:00 p.m., as an overflow area for the cocktail lounge when the lounge is filled to capacity. In the overflow area, liquor and beverages need not be served with meals. The number of guests allowed to use a dining area of the restaurant as a lounge on an overflow basis shall not exceed the number allowed to use the cocktail lounge area. The commission may grant, regulate, suspend or revoke a cocktail lounge license without affecting any other license granted to a hotel.\n\n(l) One Day Licenses for Voluntary Nonprofit Organizations.\n\n(1) Notwithstanding the provisions of RSA 178:2, the\n\ncommission may issue a limited license to any responsible individual representing a voluntary nonprofit group or organization approved by the commission. Such license shall authorize the licensee to sell, on premises approved by the commission, beverages and liquor on the approved premises.\n\n(2) No license shall be issued under subparagraph (l)(1) unless the organization's representative obtains:\n\n(A) Official approval of the chief of the local fire department as to the safety of the premises.\n\n(B) Official approval of the local health department concerning sanitary accommodations.\n\n(C) Official approval of the chief of police as to accessibility of the premises.\n\nWritten statements from such officials shall accompany the application for the license. Such application shall be filed with the commission 10 days before the date on which the license is needed.\n\n(3) No person under the age of 18 shall be allowed in those areas where liquor and beverages are served, unless accompanied by a parent, legal guardian, or adult spouse. The selectmen of the town in which such license's are held may, at their discretion, assign police officers to the premises where liquor or beverages are being served.\n\n(4) No license shall be issued under subparagraph (l)(1) for premises holding other licenses issued by the commission except rental facilities on licensed club premises approved by the commission. Notwithstanding any other provision of law, the commission or its investigators may suspend without warning any license issued under\n\nsubparagraph (l)(1) if, in their opinion, such sale of liquor and beverages is contrary to the public interest.\n\n(m) Performing Arts Facility. The commission may issue a cocktail lounge license to any nonprofit performing arts facility which seats more than 50 persons. The commission shall determine by rule whether a facility is a nonprofit performing arts facility. The cocktail lounge license shall allow the licensee to sell liquor and beverages to patrons in any rooms designated by the commission. The facility may serve liquor and beverages one hour before curtain time, 1/2 hour after the final curtain and during intermission of the performance.\n\n(n) Race Tracks. The commission may issue to any operator of a race track or his designee a cocktail lounge license which shall allow the licensee to serve liquor and beverages to patrons in such rooms or areas as are located within the confines of the track and are approved by the commission and only during the hours set by the commission. Such race track shall be licensed by the state pari-mutuel commission for pari-mutuel betting purposes. Liquor and beverages sold by a licensee under this section need not be consumed with meals, provided, that suitable food services, approved by the commission, are available for patrons. A licensee under this section may sell beverages and liquor on dates other than those on which pari-mutuel betting takes place.\n\n(o) Racquet Sports Facility. The commission may issue a cocktail lounge license to the operator of a racquet sports facility or designee to serve beverages and liquor in such rooms as the commission shall approve.\n\n(p) Rail Cars. The commission may issue a cocktail lounge\n\nlicense to any railroad or rail car corporation their designees, operating rail cars authorizing the licensee to sell liquor and beverages in such cars to be consumed in such cars. The license shall be good throughout the state in both license and non-license territory, and only one license shall be required for all cars operated on the same line by the same owner.\n\n(q) Full Service Restaurants. The commission may issue a cocktail lounge license to any full service restaurant holding a full service restaurant license under RSA 178:19, II(a)(1), to serve liquor and beverages in any room of the restaurant designated by the commission. The cocktail lounge shall be operated in conjunction with the dining rooms. No cocktail lounge shall be operated on days that the dining room is closed. No cocktail lounge shall operate before the dining room opens for meals, except if breakfast and noon meals are not offered, the cocktail lounge may operate one hour before the dining room opens for the evening meals. Liquor and beverages served in such room need not be consumed with meals. The commission may extend the cocktail lounge license to include the use of a dining area in the restaurant, after such area has been closed for serving meals, but not before 9:00 p.m., as an overflow area for the cocktail lounge when the lounge is filled to capacity. In the overflow area, liquor and beverages need not be served with meals. The number of guests allowed to use a dining area of the restaurant as a lounge on an overflow basis shall not exceed the capacity of the lounge area. Licenses shall be granted only to such restaurants as the commission, at its discretion, shall approve and then only to such restaurants as shall demonstrate to the commission, in the manner prescribed by the commission,\n\nthat at least 50 percent of the combined restaurant and lounge and lounge sales shall fall within the category of food. Restaurants with annual food sales of at least $100,000 shall be exempt from the 50 percent requirement, and the commission shall prorate the annual food sale requirements for seasonal restaurants. The commission may grant, regulate, suspend or revoke a cocktail lounge license without affecting any other license granted to such restaurant.\n\n(r) Ski Areas. The commission may issue a cocktail lounge license to any operator of a downhill or cross-country ski area or his designee. The license shall allow the licensee to serve liquor and beverages to patrons in such rooms as may be designated by the commission.\n\n(s) Vessels. The commission may issue a cocktail lounge license to any owner or operator of a passenger vessel operating out of any port of the state. Such license shall allow the sale of liquor and beverages in any room on a vessel approved by the commission.\n\n178:21 Authorization for Other Areas.\n\nI. The commission may grant to on-sale licensees, except for vessels and dining and rail cars, permission to extend service for beverages and liquor to any clearly defined area, including but not limited to, rooms, patios, or swimming pool areas located on the premises.\n\nII. The commission may grant permission to any holder of a bed and breakfast, restaurant, full service restaurant or convention center license to extend the sale of beverages and liquor to an outside cafe style area where licensed by ordinance and with written approval to town or city officials.\n\n178:22 Transfer of Location. Any veterans, college, social or military club holding a cocktail lounge license may petition the commission for permission to operate under such license at a location owned or controlled by the licensee other than that designated in such license. The commission may grant such permission upon the following conditions:\n\nI. Notice of the number of days during which the new premises are to be used shall not exceed 3 consecutive days at any one time, nor more than 6 nonconsecutive days, for any organization.\n\nII. The petition shall have attached to it written statements from the officials of the town where the new premises are located as follows: approval of the chief of the fire department as to safety of the premises, approval by the health department as to sanitary accommodations, and approval by the chief of police as to accessibility of the premises.\n\nIII. During the time the substitute premises are in use the premises at the original location shall be closed.\n\nIV. No games of chance of any sort shall be allowed at the additional premises which are so used under permission from the commission.\n\n178:23 Cover Charge Permitted. Any person holding an on-sale lounge license may assess a cover charge on members and guests to cover the cost of any live entertainment.\n\n178:24 Applications. Any persons desiring a license under this chapter shall file with the commission an application in such form as the commission may prescribe. Such application, except in the case of an application for a dining-car license, vessel license, or beverage representative license, shall contain a statement setting forth the name\n\nand address of the owner of the premises upon which the business is to be conducted. Before a license is issued the commission shall be satisfied that:\n\nI. The applicant is financially responsible and generally fit for the trust to be in him reposed.\n\nII. The applicant if an individual, or, if a partnership each of the members of the partnership, or if a corporation each of its principal officers and directors, is of good moral character, is a citizen of the United States or a legal resident alien not less than 21 years of age, and has never been convicted of a felony; except in the case of an application for a beverage representative license, that the applicant intends to carry on the business authorized by the license for himself and not as the agent of another, and that he intends to superintend in person the management of the allowed business, or intends to have some other person, approved by the commission, manage the business for him.\n\nIII. In the case of an applicant for an on-sale or an off-sale license or any other license under this chapter no manufacturer or wholesaler of beverages other than the applicant has a financial interest, direct or indirect, in the business or in the premises, and that such business will not be conducted with any money, equipment, furniture, fixtures, or property rented from or loaned from or given by any manufacturer or wholesaler.\n\nIV. Except in the case of an application for a beverage representative license, the proposed location of the business is an appropriate one, taking into consideration its surroundings and the number\n\nof similar licenses already issued in the neighborhood where the applicant's business is to be conducted. A separate application shall be filed and a separate license shall be issued with respect to each place of business. Every application shall be verified by the affidavit of the applicant, if an individual; if a partnership, by the affidavit of each partner; if a corporation, by the affidavit of the proper officers of the corporation.\n\n178:25 Exception. Notwithstanding the provisions of RSA 178:24, the commission after consultation with the attorney general may in its discretion approve the issuance of a license under this chapter to any person who has been convicted of a felony, provided that such felony shall not have been for the crime of abduction, arson, incest, manslaughter in the first degree, mayhem, murder, rape, robbery or as a result of trafficking in drugs and provided further that not less than 5 years shall have passed since such person was placed on parole or probation and that during this interim period he shall have led an exemplary life and not have been convicted of any further crime except for minor traffic violations. Approval shall allow such person to sell beverages and liquor in accordance with this chapter and the commission shall periodically review the status of such person in respect to the continuance of his good behavior and may in its discretion revoke the approval for a license granted under this section.\n\n178:26 Discount and Credit on Sales to Licensees. Pursuant to RSA 541-A and in furtherance of the objectives of this chapter and title the commission shall adopt rules providing for the following:\n\nI. When fixing the price for sale of liquor and wine to on-sale licensees, the commission may allow discounts of not more than 10 percent from the regular retail price on case lot orders F.O.B. the warehouse.\n\nII. The commission shall adopt a schedule of hours and procedures by which wine and liquor may be purchased from the warehouse or state liquor store for resale by on-sale licensees on a credit basis, the terms of which shall provide for payment of accounts within a period not to exceed 15 days.\n\nIII. A schedule of hours and procedures by which holders of combination and retail table wine licenses may purchase table wines by the bottle at state retail liquor stores.\n\nIV. A schedule of hours and procedures by which table wines may be purchased at the discount price for resale by holders of retail table wine and combination licenses at 15 percent less than the regular retail price in the liquor stores and 20 percent less than the regular price F.O.B. at the warehouse.\n\nV. A schedule of hours and procedures by which table wines may be purchased for resale by holders of combination and retail table wine licenses on a credit basis, the terms of which shall provide for payment of accounts within a period not to exceed 15 days.\n\nFees and Limitations on Licenses\n\n178:27 Fees; Expiration Dates; Transfers.\n\nI. On-sale licensees shall pay the following applicable fees annually:\n\nSupplemental Beverages Beverages and Liquor Cocktail Lounge\n\nOnly and Wine\n\nAirport $1,200\n\nAlpine Slide 1,200\n\nBallroom $45 1,200\n\nBed and Breakfast $480 $840\n\nBowling Facility 1,200\n\nCatering (all) 1,200\n\nCatering (off-site only) 840\n\nClub Social 18 events - 450 1,200\n\n36 everts - 750\n\nClub Veterans 18 events - 450 840\n\n36 events - 750\n\nCollege Club 1,200\n\nConvention Center 2,400\n\nDining Car 480 840\n\nFairs 112\n\nGolf Facility 1,200\n\nHotel 840 1,200\n\nOne Day License 100\n\nPerforming Arts 336\n\nRace Track 3,000\n\nRacquet Sports 1,200\n\nRail Cars 1,200\n\nRestaurant 480 840 1,200\n\nSki Facility 1,200\n\nVessel 480 840 1,200\n\nII. Off-sale licenses shall pay the following applicable fees annually:\n\n(a) Retail wine including vehicles:\n\n(1) 1 register $216\n\n(2) 2-3 registers $408\n\n(3) 4 or more $648\n\n(b) Combination license including vehicles:\n\n(1) 1 register $336\n\n(2) 2-3 registers $540\n\n(3) 4 or more registers $812\n\nIII. Annual beverage licenses shall be as follows:\n\n(a) Beverage manufacturer license, $1,692.\n\n(b) Beverage vendor license, $1,920.\n\n(c) Beverage vendor importer license, $1,692, for each manufacturer whose beverages are sold or offered for sale.\n\n(d) Wholesale distributor license, $1,920.\n\n(e) Beverage representative license, $72.\n\nIV. Carrier license (plus $6 for each vehicle), $120.\n\nV. Annual wine and liquor licenses shall be as follows:\n\n(a) Domestic manufacturers of wine, $1,140.\n\n(b) Domestic manufacturers of liquor, $1,692.\n\n(c) Wine vendors:\n\n(1) Initial license, $228.\n\n(2) Sales of less than 1,000 cases per year, $228.\n\n(3) Sales of between 1,000 and 5,000 cases per year, $1,140.\n\n(4) Sales of over 5,000 cases per year, $2,256.\n\n(d) Liquor vendors:\n\n(1) Initial license, $600.\n\n(2) Sales of less than 1,000 cases per year, $600.\n\n(3) Sales of between 1,000 and 5,000 cases per year, $3,000.\n\n(4) Sales of over 5,000 cases per year, $6,000.\n\n(e) Wine and liquor representative working for a company, $156.\n\n(f) Wine and liquor sales person working for a representative, $72.\n\n(g) Importers wine and liquor warehouse, $756.\n\nVI. Licenses upgrading a license type or increasing the number of registers shall pay the prorated difference between their current fee and the higher fee. Any required fee shall accompany the application.\n\nVII. A license, other than a supplemental or one day license, shall expire on the last day of the month of the licensee's birthday. When the licensee is not a natural person, all licenses, other than supplemental or one day licenses, issued pursuant to this chapter shall expire on the last day of the month in which such licensee was incorporated or otherwise organized. Any license may be revoked prior to its expiration date by the commission for cause.\n\nVIII. Licenses shall not be transferred except with the consent of the commission. Each license, except a beverage representative license, shall designate the place of business for which it is issued. When transferred, a license shall, unless revoked for cause by the commission, remain valid, pursuant to paragraph VII, until the date on which such license would have expired had it not been transferred. The initial renewal of any such transferred license shall be effective until the last day of the month of the licensee's birthday. When the licensee is not a natural person, the initial renewal of any such incorporated or otherwise organized. The fee for the initial renewal of any such transferred license shall be prorated. Subsequent renewals of transferred licenses shall each be effective for one year, unless revoked for cause by the commission.\n\n178:28 Additional Fees.\n\nI. In addition to the fees provided for in RSA 178:27 the following fees shall be required for licenses issued to wholesale distributors: for each wholesale distributor license $.30 for every gallon of beverages sold for resale by the licensee during the preceding calendar month, to be paid\n\nto the commission on or before the tenth day of the following month; provided, however, that in the event beverage container mandatory deposit legislation is enacted, such fees shall revert to $.18 per gallon as of the effective date of such legislation. For the purpose of computing the fee payable under this section all sales at retail by a wholesale distributor licensee holding an off-sale license shall be deemed to be sales for resale. Any wholesale distributor licensee shall collect from on-sale and off-sale licensees to whom he makes sales of beverages the fees required under this section. For failure to pay any part of the fees provided for under this section when due, 10 percent of such fees shall be added and collected by the commission from the wholesale distributor.\n\nII. A sum of money from all sources of funds available to the commissioner of public works and highways equivalent to 1/15 of all fees collected under paragraph I of this section shall be dedicated and used exclusively for the purpose of increased roadside litter removal for class I through class V highways; provided, however, that in the event beverage container mandatory deposit legislation is enacted, such amount shall cease to be so dedicated as of the effective date of such legislation.\n\n178:29 Payment of License Fees. Each wholesale distributor shall on or before the tenth day of each month pay the license fees as provided by RSA 178:28 covering sales made during the preceding calendar month. Collections for such fees from off-sale and on-sale licensees shall be made for sales during the preceding month.\n\n178:30 Beverage Manufacturer's Fees.\n\nI. In addition to the fees provided for in RSA 178:27, the following fees shall be required for licenses issued to any beverage manufacturer: for each beverage manufacturer license, $.30 for every gallon of beverages\n\nsold by the licensee to retail licensees during the preceding calendar month, to be paid to the commission on or before the tenth day of the following month. In addition to the foregoing fees, the following fees shall be required for licenses issued to any beverage manufacturer holding an off-sale license: For each beverage manufacturer license, $.30 for every gallon of beverages sold by such licensee at retail and not to other licensees for resale during the preceding calendar month, to be paid to the commission on or before the tenth day of the following month; provided, however, that in the event beverage container mandatory deposit legislation is enacted, the fees imposed under this section shall revert to $.18 per gallon as of the effective date of such legislation. For failure to pay any part of the fees provided in this section when due, 10 percent of such fee shall be added and collected by the commission from the manufacturer.\n\nII. A sum of money from all sources of funds available to the commissioner of public works and highways equivalent to 1/15 of all fees collected under paragraph I of this section shall be dedicated and used exclusively for the purpose of increased roadside litter removal for class I through class V highways; provided, however, that in the event beverage container mandatory deposit legislation is enacted, said amount shall cease to be so dedicated as of the effective date of said legislation.\n\nCHAPTER 179\n\nENFORCEMENT, REQUIREMENTS, AND PENALTIES\n\n179:1 Possession. No person shall possess, transport, procure, furnish, or give away any beverage or liquor except such as has been sold under the provisions of this title or legally purchased outside the state and except as otherwise provided in this title.\n\n179:2 Seizure. Any beverage or liquor possessed, kept for sale, or\n\ntransported in violation of the provisions of this title or any law of the state, together with the casks, bottles, or other paraphernalia used in such illegal possession, keeping, or transportation, shall be subject to seizure either upon a warrant issued upon a complaint against the person charged with violating the law, and containing a command for such seizure, or upon a libel directed against the property, filed in accordance with the provisions of RSA 617, and upon due proceedings may be adjudged forfeited. When any sheriff or deputy sheriff, duly appointed police officer or constable of any city or town, or other duly appointed law enforcement officer, shall discover any person in the act of transporting beverages or liquor in violation of this chapter or any other law of this state, in any wagon, buggy, automobile, watercraft, aircraft, or other vehicle, or any other conveyance, it shall be his duty to seize all beverage and liquor found therein being transported contrary to law. No officer shall, without a warrant, cause any automobile or other vehicle traveling upon a public highway in this state to be stopped for the purpose of searching the same for beverages or liquor unless he has reasonable cause to believe that such automobile or other vehicle is, at the time of said stopping or search, being used for the illegal transportation of beverage or liquor. Whenever beverage or liquor being illegally transported shall be seized by an officer he shall take possession of any vehicle, team, automobile, boat, aircraft, watercraft, or any other conveyance engaged in such illegal transportation, and shall arrest any person or persons in charge of such transportation. Such officer shall at once proceed against the person or persons arrested under the provisions of his chapter in any court having competent jurisdiction, and the vehicle or conveyance, on due proceedings in accordance with the provisions of RSA 617, may be adjudged forfeited,\n\nunless by intervention or otherwise at hearing, or in some other proceeding brought for the purpose, a lien or liens shall be established to have been created without notice that such vehicle was being used or was to be used for the illegal transportation of beverage or liquor. The vehicle may be ordered sold by the court, and the proceeds of the sale, after deducting the expenses of keeping and sale, used for the purpose of paying such liens in the order of their priority, and the balance disposed of as provided in RSA 179:3, a lien or liens shall be established in excess of the value of such vehicle, the court shall order its surrender to the first lienholder upon payment of costs of seizure, but subsequent lienholders shall have the right of redemption in the order of their liens upon satisfaction of prior liens and charges, provided such right is asserted within such time as the court shall fix in its order of surrender.\n\n179:3 Forfeiture. Upon a decree of forfeiture, the beverage and liquor, with the casks, bottles, cases, or containers, may be adjudged to be destroyed, or they, and any other property which may be seized or forfeited under the provisions of this chapter, may be sold in accordance with the decree of the court. The proceeds of any sale of such property duly forfeited, after deducting the expense of the seizure and proceedings, shall be paid into the treasury of the county in which the proceedings were determined, for its use.\n\n179:4 Forfeiture of Liquor and Beverage. Any person who is taken into protective custody for intoxication or convicted of driving a motor vehicle under the influence of beverage or liquor shall forfeit any liquor or beverage upon his person or in the vehicle, if any, at the time of the commission of the offense. This section shall not apply to liquor or beverage legally in his possession for the purpose of sale. Any liquor or\n\nbeverage so forfeited shall be disposed of as the court may determine and the proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined for its use.\n\n179:5 Prohibited Sales. No licensee, salesperson, nor any other person, shall sell or give away or cause or allow or procure to be sold, delivered or given away any liquor or beverage to a person under the age of 21 or to a person under the influence of liquor or beverage. In no case shall any section of this title be so construed as to permit sale of liquor or beverages in any so-called saloon or speakeasy.\n\n179:6 Sale of Cider to Persons under 21. Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to sell or cause or allow or procure to be sold to any person under 21 years of age, cider containing not less than 1/2 of one percent of alcohol by volume at 60 degrees Fahrenheit, provided that the provisions of this section shall not apply to sales of cider made within 15 days of its manufacture.\n\n179:7 Sales to Persons Under 21. The establishment of all the following facts by a person making a sale of liquor or beverage to a person under the age of 21 shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:\n\nI. That the person falsely represented in writing and supported by some official document that he was 21 years of age or over;\n\nII. That the appearance of the person was such that an ordinary and prudent person would believe him to be 21 years of age or over; and\n\nIII. That the sale was made in good faith relying upon such written representation and appearance in the reasonable belief that the person was actually 21 years of age or over.\n\n179:8 Statement From Purchaser as to Age.\n\nI. For the purposes of RSA 179:7, any person making the sale of beverages or liquor to any person whose age is in question shall require the purchaser to furnish any of the following documentation that such person is 21 years of age or over:\n\n(a) A motor vehicle driver's license issued by the state of New Hampshire, or a valid driver's license issued by another state, or province of Canada, which bears the date of birth, name, address and picture of the licensee.\n\n(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, or any picture identification card issued by another state which bears the date of birth, name and address of the individual.\n\n(c) An armed services identification card.\n\n(d) A valid passport from a country with whom the United States maintains diplomatic relations.\n\nII. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall be correct and free of alteration, erasure, blemish, or other impairment.\n\n179:9 Person Misrepresenting Age.\n\nI. A person who falsely represents his age for the purpose of procuring liquor or beverage and who procures such liquor or beverage shall be guilty of a misdemeanor. Any person who violates any of the provisions of this section shall be fined for his first offense a minimum of $250. No portion of this mandatory minimum fine shall be waived, continued for sentencing or suspended by the court. A second or subsequent offense shall carry a $500 minimum fine.\n\nII. Notwithstanding paragraph I or any other law to the the\n\ncontrary, any person who has in his possession and uses or displays in any manner a false identification card, document, license or other form which represents his age for the purpose of purchasing liquor or beverages as defined in RSA 175:1 by the bottle, can, glass, container or drink in any manner shall be fined a minimum of $250. No portion of this mandatory minimum fine shall be waived, continued for sentencing or suspended by the court. The provisions of this paragraph do not reduce the maximum penalty which could be imposed for such an offense pursuant to paragraph I. A second or subsequent offense shall carry a $500 minimum fine.\n\nIII. An identification card issued under the provisions of RSA 260:21 shall be withdrawn for violation of this section for 90 days. In addition, the director of the division of motor vehicles shall withdraw, for 90 days, the identification card of any person who allows his card to be used or displayed by another person for the purpose of purchasing liquor or beverages as defined in RSA 175:1.\n\n179:10 Unlawful Possession. Except as provided in RSA 179:23, any person under the age of 21 years who has in his possession any liquor or alcoholic beverage shall be guilty of a violation and shall be fined a minimum of $50. Any second and subsequent offense shall be fined at least $250. No portion of this mandatory minimum fine shall be waived, continued for sentencing or suspended by the court. Any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.\n\n179:11 Holders of Beverage Manufacturer Vendor, Beverage Vendor Importer, Wholesale Distributor, Beverage Vendor, Beverage Vendor Importer,\n\nand Other Licenses; Prohibited Interests.\n\nI. No holder of a beverage manufacturer license, wholesale distributor license, beverage vendor license, beverage vendor importer license, or beverage representative license shall sell, cause to be sold, rent, lend or cause to be loaned, or give to any on-sale or off-sale licensee or to the owner of the premises on which the business of any on-sale or off-sale licensee is to be conducted any money, equipment, furniture, fixtures or property with which the business of any on-sale or off-sale licensee is to be conducted, nor shall any on-sale or off-sale licensee purchase, cause to be purchased, rent, borrow, solicit or accept from any holder of a beverage manufacturer license, wholesale distributor license, beverage vendor license, beverage vendor importer license, or beverage representative license any money, equipment, furniture, fixtures or property with which the business of the on-sale or off-sale permittee is to be conducted, nor shall any holder of a beverage manufacturer license, wholesale distributor license, beverage vendor license, beverage vendor importer license, or beverage representative license install or service equipment, furniture, fixtures or property of any on-sale or off-sale licensee, except as may be designated by the commission.\n\nII. There shall be no restriction on the number of off-sale licenses held by any person. No holder of a beverage manufacturer license, wholesale distributor license, beverage vendor license, beverage vendor importer license or beverage representative license shall in any way contribute or pay any money or anything in lieu thereof to any on-sale or off-sale licensee, his agent, his employees, or to any group, association, or organization thereof. Nothing in this section shall prohibit any licensee from being a member of a club holding a permit or license under\n\nthis title, nor prohibit the sale or purchase, for resale, of merchandise or beverages for the conduct of the business of any on-sale or off-sale licensee.\n\nIII. No holder of an on-sale or off-sale license shall knowingly employ in any capacity any person who is the holder of any license provided under this title, except that the holder of an on-sale license may employ the holder of an off-sale license in an entertainment capacity.\n\nIV. No holder at a beverage manufacturer's license, beverage vendor license or beverage vendor importer license and no officer, director, employee or agent of a beverage vendor or beverage vendor importer license shall have an interest, either direct or indirect, in the business of the holder of a wholesale distributor on-sale or off-sale license.\n\nV. Except as provided under RSA 178:10, II or RSA 178:13, IV, no holder of a wholesale distributor license and no officer, director, stockholder, employee or agent of the holder of a wholesale distributor license shall through interlocking stock ownership, interlocking directors, or otherwise, have an interest, either direct or indirect, in the business of the holder of an on-sale license. Nothing in this paragraph shall be construed to apply to normal credit relations between licensees.\n\n179:12 Wine Manufacturer's and Wine Vendor's Interests Prohibited.\n\nI. No holder of a wine manufacturer license and no officer, director, stockholder, employee or agent of the holder of a wine manufacturer license shall through interlocking stock ownership, interlocking directorship, or otherwise, have an interest, either direct or indirect, in the business of the holder of a retailer license.\n\nII. No person holding a wine vendor license shall be employed by any licensee in any capacity, and no licensee shall employ in any capacity a\n\nperson holding a wine manufacturer license.\n\n179:13 Limited Credits.\n\nI. Each holder of a wholesale distributor license shall report to the commission the name and license number of any on-sale or off-sale licensee who is delinquent in making payment of accounts within 10 days, including Sundays and holidays, from the date of delivery of beverages on the premises of such on-sale or off-sale licensee. Each holder of a beverage vendor license or beverage vendor importer license shall report to the commission the name and license number of any holder of a wholesale distributor license who is delinquent in making payments of accounts within 30 days from the date of delivery of beverages on the premises of such holder of a wholesale distributor license. Such report to the commission shall include the amounts purchased and the dates when payments were due and shall be forwarded to the commission within 5 days after said accounts become delinquent, unless the fifth day of such period is a Sunday or holiday in which case the report shall be forwarded the day following such Sunday or holiday.\n\nII. Each holder of a beverage manufacturer license, a beverage vendor license, beverage vendor importer license, or wholesale distributor license shall immediately notify the commission of the receipt of the payment of any account which has been reported to the commission as delinquent. Post-dated checks beyond the 5-day reporting period shall not constitute payments of accounts for the purchases of beverages. Checks given in payment for beverages which are returned for non-payment after the 5-day reporting period shall immediately constitute a delinquency and shall, upon return, be reported to the commission. Payments collected by beverage representatives or agents shall be reported as delinquent unless\n\nactually received at the place of business of the holder of the beverage manufacturer license, beverage vendor license, beverage vendor importer license, or wholesale distributor license on or before the fifth day of the reporting period. Payment of licensees' accounts by a holder of a beverage representative license when not actually collected from the licensee shall constitute a delinquency. When collections are made by a beverage representative or agent, the sales slips or invoices shall be clearly marked with the name of the person making the collection and the date of such collection.\n\nIII. The commission shall inform holders of beverage vendor licenses, beverage vendor importer licenses, and wholesale distributor licenses of the names of licensees delinquent under the provisions of this section and no holder of a beverage vendor license, beverage vendor importer license, wholesale distributor license or beverage representative license shall knowingly make any delivery of beverages to any licensee whose payments for purchases of beverages are reported as delinquent under this section. The commission may withhold names of delinquent licensees under circumstances in which there is a dispute over payments, an agreement to liquidate which has been approved by the commission, or other reason which the commission may deem proper.\n\nIV. The sum of $150 shall be added to the fees provided under RSA 178:27 and collected by the commission for each failure of a holder of a beverage vendor license, beverage vendor importer license, wholesale distributor license, or beverage representative license to comply with the provisions of this section. Determinations of a failure to comply with this section shall be made by the commission.\n\n179:14 Reports. Each beverage vendor licensee, beverage vendor\n\nimporter licensee and wholesale distributor of beverages within the state shall, on or before the tenth day of each month, furnish to the commission, on a form prescribed, a statement under penalty of perjury showing the quantity of beverages sold for resale and the quantity of beverages sold under an off-side license during the preceding calendar month, within the state.\n\n179:15 Transportation of Beverage and Table Wine. A person may transport or deliver beverages and table wines in this state without a license, provided such beverages and table wines were obtained as authorized by this title and provided such beverages and table wines are for consumption only and not for resale purposes. Licensees may transport and deliver to their place of business beverages and table wines purchased as authorized under this title, and, except on-sale licensees, may transport and deliver anywhere in the state beverages and table wines ordered from and sold by them in vehicles operated under the control of themselves or of their employees or agents, provided that the owner of such vehicles shall carry a copy of the license issued by the commission in the vehicle driven on behalf of the licensee for whom they are transporting beverages and table wines. Every person operating such a vehicle, when engaged in such transportation or delivery, shall carry a copy of the license in the vehicle so operated, and shall carry such evidence as the commission by rule may prescribe showing the origin and destination of the beverages and table wines being transported or delivered. Upon demand of any law enforcement officer, investigator, or employee of the commission, the person operating such vehicle shall produce for inspection a copy of the license and the evidence required by this section. Failure to produce such license or evidence shall constitute prima facie evidence of unlawful\n\ntransportation. Except as otherwise provided, beverages and table wines may be transported within the state only by a railroad or steamboat corporation or by a person regularly and lawfully conducting a general express or trucking business, and in each case holding a valid carrier's license issued by the commission. Nothing in this section shall prohibit individual retail licensees from arranging for the delivery of table wine products to a location central for the parties involved.\n\n179:16 Adulteration. Any licensee allowed to sell beverages and wines to be consumed on the premises as provided in this title who shall allow any adulteration of said beverages or wines so as to increase their alcoholic content shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, and shall lose his license to sell for a period of not less than 6 months. Any person adulterating or causing to be adulterated beverages which are consumed on the premises under such a license shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.\n\n179:17 Hours of Sales.\n\nI. The commission may from time to time fix either generally or specially for each license the hours between which licensees may sell beverages or liquor and may adopt such rules as to the conduct of persons holding sellers' licenses as it deems proper.\n\nII. The following restrictions on hours of sale reflect the times during which a licensee may sell beverages or liquor, unless further extended by the commission:\n\n(a) Off-sale licensees may sell from 6:00 a.m. to 11:45 p.m. Monday-Saturday and 9:00 a.m. to 11:45 p.m. on Sunday.\n\n(b) On-sale licensees may sell from 6:00 a.m. to 1:00 a.m.\n\nMonday-Saturday and 9:00 a.m. to 1:00 a.m. on Sunday.\n\n(c) Wine manufacturer licensees may sell from 6:00 a.m. to midnight Monday-Saturday and shall not sell on Sunday.\n\n(d) Wholesale distributor licensees may sell from 6:00 a.m. to midnight Monday-Saturday and shall not sell on Sunday.\n\n(e) Beverage manufacturer licensees may sell from 6:00 a.m. to midnight Monday-Saturday and shall not sell on Sunday.\n\nIII. There shall be no additional restrictions on sales by any licensees on election days.\n\nIV. All beverages and liquor served on the premises of on-sale licensees shall be consumed no later than 30 minutes after expiration of the serving hour. No beverages shall be moved from any off-sale licensee's establishment at any time except during those periods indicated as hours of sale.\n\nV. No bottle club shall be operated or maintained after the hours fixed for the sale of beverages by on-sale licensees.\n\nVI. Any person who violates any provision of paragraph V shall be guilty of a misdemeanor.\n\n179:18 Posting of Age Requirements. The commission shall prepare and distribute to business establishments which sell, serve or otherwise dispense liquor or beverage to the general public, posters to be displayed on the premises in a conspicuous place. The posters shall contain a summary and explanation of the laws relative to drinking age restrictions.\n\n179:19 Entertainment and Entertainers.\n\nI. On-sale beverage and wine licensees may provide entertainment on their licensed premises on application to the commission in writing and receipt of commission approval.\n\nII. On-sale beverage and liquor or cocktail lounge licensees may provide entertainment and dancing on their premises on application to the commission in writing and receipt of commission approval.\n\nIII. On-sale beverage and liquor or cocktail lounge licensees may be approved the commission to have, on a case by case basis for specific dates, exotic dancers or other unusual entertainment.\n\nIV. No person licensed to sell liquor or beverage under RSA 178 may employ as an entertainer any person who is under 17 years of age in a cocktail lounge where liquor or beverages are sold.\n\nV. A person under 17 years of age may serve as an entertainer in the licensed dining room.\n\nVI. On-sale licensees may install up to 3 coin-operated amusement machines on their premises at any one time. Such machines may not be placed within the confines of a dining room of a full service restaurant. Non-coin-operated games, such as backgammon, chess, and checkers, may be used without restriction in areas other than dining rooms of full service restaurants. A restaurant licensee with a dining room seating in excess of 250 persons may petition the commission in writing for permission to exceed the 3 machine limitation.\n\nVII. On-sale licensees shall not allow card games on their premises, except that golf clubs, veterans' clubs, social clubs, and military clubs may allow card games, provided that no gambling or wagering shall be allowed.\n\nVIII. The use of darts shall be allowed in rooms, other than full service restaurant dining rooms, that have areas clearly established for this purpose. The area where darts will be played shall be clearly defined by tangible barriers such as ropes or physical partitions, constructed in\n\nsuch a way as to prevent patrons or employees from crossing the path of the dart players.\n\n179:20 Employee Restrictions.\n\nI. No person, except a citizen of the United States or legal resident alien, shall be employed to sell or deliver any liquor or beverage.\n\nII. No on-sale or off-sale licensee shall consume beverage or liquor while working. No employee, with or without compensation, shall consume beverage or liquor while working.\n\n179:21 Employment Prohibited. No elected state official, member of the liquor commission, or employee of the liquor commission shall hold a liquor or wine representative license, or salesperson's liquor or wine license for a period of 2 years from the date that such person leaves office or terminates such employment.\n\n179:22 Employment Intervention; Penalty.\n\nI. It shall be unlawful for any elected state official knowingly to:\n\n(a) Intervene in the selection, employment or dismissal of any liquor or wine representative, or other agent or employee of any distiller, importer, rectifier, or other holder of a liquor or wine manufacturer license or liquor or wine vendor license.\n\n(b) Intervene in the stocking, displaying, listing, delisting, or marketing policies, practices, or decisions of the commission regarding products authorized by the commission to be sold in this state.\n\nII. It shall be unlawful for any member or employee of the commission knowingly to intervene in the selection, employment or dismissal of any liquor or wine representative, or other agent or employee of any distiller, importer, rectifier, or other holder of a liquor or wine manufacturer license or liquor or wine vendor license.\n\nIII. It shall be unlawful, except as authorized by procedural rules adopted by the commission under RSA 541-A, for any liquor or wine representative or liquor or wine vendor, to knowingly intervene in the stocking, displaying, listing, delisting or marketing policies, practices, or decisions of the commission regarding products authorized by the commission to be sold in this state.\n\nIV. Any person who shall be convicted of violating any provision of this section shall be guilty of a class B felony.\n\n179:23 Employment; Employment of Minors; Felon Exception.\n\nI. No licensee shall employ any minor, with or without compensation, to serve or otherwise handle liquor or beverages, except that off-sale licensees may employ minors of not less than 15 years of age when beverages or wine is sold in the original container and delivered in the place of business of the seller, or at the vehicle of the buyer parked on or adjacent to the premises of the seller. To act as a cashier in a selling capacity a minor shall be at least 16 years of age, providing a person at least 18 years of age is in attendance and is designated in charge of the employees and business.\n\nII. A bartender, waiter, or waitress in a cocktail lounge or function room shall be at least 18 years of age. An on-sale licensee may employ any person not less than 16 years of age to serve or otherwise handle liquor and beverages while employed as a waiter, waitress, or hostess in the dining rooms. Nothing in this section shall prohibit a waitress, waiter, or hostess from entering the lounge to fill orders of customers while so employed. Minors not less than 15 years of age may be employed in dining areas and lounge areas to clean tables, remove empty containers and glasses and assist in stocking. A person at least 18 years\n\nof age shall be in attendance and be designated in charge of the employees and business.\n\nIII. The provisions of this section shall in no way prohibit an on-sale or off-sale licensee from employing persons 18 years of age or older to sell, serve, or otherwise handle or be left in charge of the employees and the business.\n\nIV. Each licensee shall designate one or more persons to be in charge of the premises during the licensee's absence. Each person shall be at least 18 years of age, shall not have been convicted of a felony and shall be approved by the commission.\n\nV. Notwithstanding paragraph IV, the commission may in its discretion approve the employment of any person who has been convicted of a felony, provided that not less than 6 months shall have passed since such person was placed on parole or probation and that during this interim period he shall have lead an exemplary life and not have been convicted of any further crime excluding minor traffic violations. Such approval shall allow for the employment of the person in the sale and distribution of liquor and beverages, and the commission shall periodically review the status of such person in respect to the continuance of his good behavior and may revoke, in its discretion, the approval for employment granted under this section.\n\n179:24 Change of Manager. In the event a licensee has designated a person approved by the commission to manage the business for him and the employment of such manager shall terminate, such licensee shall notify the commission of such termination and shall within 30 days after termination designate a new manager. If no manager acceptable to the commission is designated within the 30-day period, the license may, in the discretion of\n\nthe commission, be revoked.\n\n179:25 Sign Restrictions.\n\nI. An off-sale licensee may display on the outside of the premises 2 non-internally illuminated signs reading BEER AND ALE, BEER IN BOTTLES, BEER, or any combination approved by the commission and may display on the outside of the premises 2 non-internally illuminated signs reading WINE, WINE IN BOTTLES, WINES or any combination or size approved by the commission.\n\nII. Any on-sale beverage and wine licensee may display on the outside of the premises 2 non-internally illuminated signs reading BEER ON DRAUGHT, DRAUGHT BEER, BEER AND ALE, WINES, or any combination or size approved by the commission.\n\nIII. An on-sale beverage and liquor full service restaurant may display 2 non-internally illuminated signs reading RESTAURANT LIQUOR LICENSE.\n\nIV. An on-sale beverage and liquor lounge licensee may display 2 non-internally illuminated signs reading COCKTAIL LOUNGE.\n\nV. For the purposes of this section, internally illuminated signs shall include neon, back lighted, flashing, or similar signs.\n\nVI. No advertising of liquor or beverages sold in this state shall be allowed through the use of either electric or directly or indirectly illuminated signs, inside the licensed premises. Notwithstanding the above, beverage manufacturers and wholesale distributor's may, with prior approval of the commission, advertise on the site of their licensed premises through the use of electric or directly or indirectly illuminated signs.\n\n179:26 Compliance With Other Agencies.\n\nI. All on-sale licensees shall have a valid license or certificate issued by state or local public health officials before the commission shall issue a license.\n\nII. All on-sale licensees shall have a valid permit of assembly or certificate issued by state or local fire authorities before the commission shall issue a license.\n\n179:27 Restrictions on Serving and Congregating of Patrons.\n\nI. Liquor and beverages may be served to patrons in on-sale establishments while seated at tables or booths, at the bar seated at drink rails or while standing at the bar, provided at least 2 feet of space is allowed for every person standing at the bar or seated at drink rails.\n\nII. Patrons may carry their drinks from the bar to their tables or to the tables of others upon invitation.\n\nIII. No beverages or liquor shall be served or consumed in foyers, hallways, kitchens, rest rooms or other areas not approved for service by the commission.\n\nAdvertising\n\n179:28 Product Advertisement. An industry member may furnish, give, rent, loan, or sell product displays to a retailer, subject to the following conditions and limitations:\n\nI. Equipment, inside signs, supplies, services, or other things of value furnished by an industry member to a retailer shall not be conditioned on the purchase of liquor, wine or beverages.\n\nII. Product displays shall bear conspicuous and substantial advertising material.\n\nIII. The total value of all product displays furnished by an industry member may not exceed $134, as of July 1, 1989, per brand in use\n\nat any one time in any one retail establishment. The value of a product display shall be the actual cost to the industry member who initially purchased it. Transportation and installation costs shall be excluded.\n\nIV. Industry members shall not pool or combine, as of July 1, 1989, their dollar limitations to provide a retailer a product display valued in excess of $134.\n\nV. A cost adjustment factor shall be used to periodically update the dollar limitations contained in this section. The cost adjustment factor shall be the same as set by the Director of the Bureau of Alcohol, Tobacco and Firearms, and shall be set annually.\n\n179:29 Retailer Advertising Specialties.\n\nI. An industry member may furnish, give, rent, loan, or sell retailer advertising specialties to a retailer if such items bear advertising material and are primarily valuable to the retailer as a means of advertising. These items may include, but are not limited to: coasters, mats, menu cards, wine lists, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks and calendars. No advertising of liquor or beverages shall be allowed through the use of either electric or directly or indirectly illuminated signs, inside or outside the licensed premises. The name or name and address of the retailer may be added to the advertising specialty.\n\nII. An industry member may sell glassware to a retailer if the glassware is sold at a price not less than it cost the industry member who initially purchased it, and if the price is collected within 30 days of the date of the sale.\n\nIII. The total value of all retail advertising specialties furnished by an industry member to a retailer may not exceed, as of July 1, 1989, $72\n\nper brand in any calendar year per retail establishment. The value of a retailer advertising specialty shall be the actual cost of that item to the industry member who initially purchased it. Transportation and installation costs shall be excluded.\n\nIV. Industry members shall not pool or combine, as of July 1, 1989, their dollar limitations to provide a retailer with advertising specialties valued in excess of $72.\n\n179:30 Consumer Advertising Specialities and Coupons.\n\nI. Consumer advertising specialties, such as ash trays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, postcards, and pencils, which bear advertising material may be furnished, given, or sold to a retailer for unconditional distribution by the retailer to the general public. The retailer shall not be paid or credited in any manner directly or indirectly for the distribution of such items.\n\nII. Contest prizes, premium offers, refunds, and similar items may be offered by industry members directly to consumers. Officers, employees and representatives of wholesale distributors or retailers shall be excluded from participation.\n\n179:31 Advertising Restrictions.\n\nI. Advertising of liquor or beverages by the use of sound trucks or screen displays is prohibited.\n\nII. No advertising of liquor or beverages shall be allowed where there is anything of value given to the licensee, except that manufacturers, wholesalers and distillers may furnish to retail licensees, foam scrapers, coasters, coaster napkins, pourers, bottle and can openers and trays and other promotional materials as may be approved by the\n\ncommission.\n\nIII. Manufacturers, wholesale distributors or wine and liquor vendors or their salespersons may distribute samples of their products to licensees for purposes of tasting. The following restrictions shall apply:\n\n(a) Beer, a sample shall not exceed one 6-pack.\n\n(b) Wine, a sample shall not exceed 2 750 ml. bottles.\n\n(c) Liquor, a sample shall not exceed one 750 ml. bottle.\n\n(d) Wine coolers, a sample shall not exceed one 4-pack, or the product's normal marketing unit.\n\nIV. Liquor and wine representatives or salespersons shall not enter state operated stores or warehouses operated by the commission for the purpose of sales promotion or to secure information regarding inventory sales movement without specific permission from the commission.\n\nV. The listing of retail prices by, for or in behalf of retail licensees, except for wine by off-premise licensees, is prohibited in all newspaper, magazine, periodical, radio or television advertising.\n\nVI. All liquor and beverage advertising, or any claims for liquor or beverage advertising shall conform with the standards set forth in regulations under the provisions of the Federal Alcoholic Administration Act.\n\nVII. Liquor and beverage advertising shall not be inconsistent with the description of the contents on labels of any such liquor or beverage.\n\nVIII. Advertising of liquor or beverages shall not contain:\n\n(a) Any lewd or offensive illustrations, or any reference to minors, pictorial or otherwise.\n\n(b) Any subject matter or illustrations inducing persons under the legal drinking age to drink. All coupon offers requiring consumer\n\nparticipation shall contain reference that the coupon offer is available only to persons of legal drinking age.\n\n(c) Any reference to curative or therapeutic effects from drinking thereof, nor shall it contain any statement that is false or misleading.\n\n(d) Any subject matter relating to consumer participation in any contests or prizes except with prior approval of the commission.\n\nIX. Advertising of liquor or beverages may contain inducements setting forth special offers for liquor or beverage purchasers. Coupon offers shall be redeemed by the vendor or his agent as specified in the offer. No redemptions shall be made by the retail licensee or state store. No on-sale or off-sale licensee shall sell or distribute coupons or tickets which may be redeemed for alcoholic beverages.\n\nX. Advertising of liquor or beverages shall not be inconsistent with the spirit of safety or safe driving programs.\n\nXI. It shall be the responsibility of the advertiser to insure that all advertising copy is in complete conformity with the New Hampshire laws and rules.\n\nXII. All liquor or beverage display advertising, other than that designated for use at points of sale, shall be submitted to the commission for approval prior to its use by a manufacturer, wholesale distributor or any other licensee.\n\nXIII. No holder of an on-sale or off-sale license shall advertise beverages or liquor by the use of cards in windows, except the posting of a printed menu.\n\nXIV. No holder of an on-sale or off-sale license shall allow advertising material or display to be located near windows so as to\n\nconstitute a window display or advertising, except the posting of a printed menu. Table tents may be utilized in licensed premises.\n\nXV. Distillers, importers, rectifiers and holders of liquor vendor and wine vendor licenses may include in their advertising in newspapers, magazines, periodicals, radio or television stations the price of their brand available in state stores, provided, however, that such prices shall not refer to monetary comparisons between brands and provided further that such prices shall be those that are in effect in the state stores at the time of advertisement or would reflect the price resulting from a post-off to the commission. Vintners holding a wine vendor license shall not advertise prices in any of the above media.\n\nXVI. Any holder of a license under RSA 178 may advertise or promote the holding of a \"champagne brunch\" or \"similar package\" offering by signs posted on the licensee's premises. No such advertising or promotion shall be done by the use of a billboard. Advertising shall not contain any reference to a \"happy hour\" except that a \"happy hour schedule\" may be posted within the licensed premises, not in view of any public way.\n\nXVII. The holder of a license under RSA 178 may post a printed menu, visible from the exterior not to exceed 600 square inches on the licensed premises. A \"menu\" shall include a list of food items and may where applicable include alcohol offered by the establishment.\n\nXVIII. No holder of a beverage manufacturer license, wholesale distributor license, beverage representative license, beverage vendor license or a beverage vendor importer license shall advertise, either directly or indirectly, in any booklet, program, program book, yearbook, magazine, newspaper, periodical, brochure, circular or other similar publication published by, for or in behalf of any religious, fraternal,\n\neducational, patriotic, social or civic group. No on-sale licensee or off-sale licensee, any group thereof, or any holder of a beverage manufacturer license, wholesale distributor license, beverage representative license, vendor license or vendor importer license, through any control, ownership, interlocking ownership, interlocking directors, or otherwise advertise or cause any manner or form of advertising to be inserted in such publications.\n\nXIX. Domestic wine manufacturers shall have the right to advertise and promote the sale of their domestic wine through the medium of newspapers, magazines, periodicals, television and radio broadcasting, sports films, travelogues, and other commercially acceptable promotional means and methods.\n\nPurchase and Supply Restrictions\n\n179:32 Purchase of Supplies. All licensees shall purchase their supplies of liquor and wine from the commission as provided by law.\n\n179:33 Sizes of Beer Containers; Promotions; Notification.\n\nI. Holders of beverage vendor or beverage vendor importer or beverage manufacturer licenses shall use bottles or cans, and cases or containers in the usual and customary industry sizes for the sale of beer in the state which shall be specifically authorized by the commission.\n\nII. Holders of beverage vendor or beverage vendor importer 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.\n\nIII. All details of transactions between wholesale distributors and retailers shall be reflected on pertinent invoices. Promotions shall be clearly identified by both brands and sizes and cash discounts shall be\n\nshown as credit and itemized as such. Cash payments to retailers shall not be allowed. All items noted on delivery slips shall also be noted on wholesale distributor's account receivable ledger records.\n\nIV. All wholesale distributors shall make available to the commission their basic prices. Such prices shall remain in effect until such time as they are changed in writing by the wholesale distributor to the commission. Such notification shall be in the commission offices no later than 5 working days prior to any change of prices.\n\n179:34 Sizes of Wine Containers. A holders of a wine vendor license or wine manufacturer license shall use bottles and containers for the sale of wine in the state which shall be specifically authorized by the commission.\n\n179:35 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.\n\n179:36 Registration of Wine Brand Sizes. Each size of listed wine available for purchase from licensed wine vendors shall be registered with the commission at a fee of $20 each for the original registration and a maintenance fee of $15 for each consecutive year.\n\n179:37 Services From Wine Vendors.\n\nI. For the purpose of maintaining the freshness of stock and the integrity of the products a holder of a wine vendor license or his licensed representative or salesperson may perform the following services for a privately owned retail establishment with the owner's consent:\n\n(a) Create or build a display of his merchandise without the assistance of the retailer, including the transfer of wine between\n\nstorerooms and displays and rotating, restocking, and pricing the product contained in the display.\n\n(b) Work with his own product on the shelf, including rotating, cleaning, reorganizing, resetting and placing his product from the shelf into a cold box, but not transferring from the stockroom to the shelf, stocking the shelf in any way, or pricing shelf merchandise.\n\nII. No holder of a wine manufacturer license or his licensed representative or his salesperson shall alter in any way the merchandise sold by another supplier.\n\n179:38 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.\n\nSales Restrictions\n\n179:39 Serving Containers and Sizes.\n\nI. Beverages shall be sold by on-sale licensees by the glass, pitcher, bottle, can, original container or any other suitable container approved by the commission. Not more than a total of 20 ounces shall be served to any one person at any time. Caps shall be removed before service. Beverage shall not be sold in pitchers with a capacity in excess of 40 ounces.\n\nII. No more than 1/2 liter of wine shall be served to a single patron at a time.\n\n179:40 Substitution of Brand; Refilling Bottles.\n\nI. 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.\n\nII. No licensee shall refill any bottle of legally purchased beverage or liquor.\n\n179:41 Gifts of Beverage or Liquor.\n\nI. No off-sale licensee shall give away any beverage and wine with the purchase of merchandise or food or as payment in any business enterprise.\n\nII. No licensee shall change any coupon, ticket or check for beverages or liquor directly or indirectly in connection with any admission price or fee.\n\nIII. All the details of transactions between wholesale distributors and retailers shall will 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. Cash payments to retailers shall not be allowed. All items noted on delivery slips shall also be noted on wholesale distributors' account receivable ledger records.\n\nIV. All wholesale distributors shall make available to the commission their basic prices by brand package, and such prices, as submitted to the commission, shall remain in effect until such time as they are change in writing by the wholesale distributor to the commission. Such notification shall be at the commission offices no later than 5 working days prior to any change in prices.\n\n179:42 Package Deals. Licensees may promote the sale of so-called\n\npackage deals in which a single price is charged for lodging and beverages and liquor, or any combination. 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.\n\n179:43 Sale on Credit. No licensee shall sell beverages or liquor on credit, except through the medium of credit cards approved by the commission. In addition, on-sale licensees may extend credit to commercial accounts for which payment shall be received no later than 30 days after the date of the transaction.\n\n179:44 Free Drinks. No licensee shall give away free drinks to customers, patrons, members or guests, in any manner. Notwithstanding the above, wine vendors, their liquor and wine representatives and on-sale and off-sale licensees may conduct wine tasting on licensed premises. Wine tasting shall be conducted only during such hours as are authorized by the commission for the sale of the product on the premises. Such wine samples shall be consumed on the premises, and wine for this purpose shall be purchased from the commission under conditions prescribed by this title.\n\n179:45 Mini-bars. The holder of a hotel license may equip hotel rooms with locked liquor cabinets or refrigerators known as mini-bars for the use of the guests. A guest wishing to utilize a mini-bar may be given a key at the time of check in, only after ascertaining that the guest is at least 21 years of age.\n\n179:46 Sales of Holders of Wine Vendor Licenses; Fees; Sales Figures.\n\nI. Holders of wine vendor licenses shall sell wine only to the commission, except as provided by a wine manufacturer license, and then only under rules adopted by the commission for such sales.\n\nII. For purposes of establishing a license fee for holders of wine vendor licenses, the preceding year referred to shall mean the preceding calendar year. Sale figures reported shall be identical to those figures currently reported to the National Alcoholic Beverage Control Association.\n\n179:47 Off-sale Special License Restriction.\n\nI. Holders of a license for an auction or sheriff's sale shall advise all buyers that no liquor or beverage purchased shall be resold.\n\nII. 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:\n\n(a) Name and address of all buyers.\n\n(b) The brands, quantity and purchase price of all items purchased by each buyer.\n\nPremises Restrictions\n\n179:48 Leasing or Renting Concessions or Part of Business.\n\nI. No licensee shall lease or rent concession of selling liquor or beverage to any person, firm, or corporation.\n\nII. No persons shall be employed by any on-sale or off-sale licensee to serve or sell beverages or liquor whose compensation is based on a percentage of the sale price of such liquor or beverage.\n\nIII. No licensee shall rent or lease any part of his business without prior permission of the commission.\n\nIV. No licensee shall have a direct entrance to his business from that of another person.\n\nV. No licensee shall use his public cocktail lounge for private groups, without notifying the commission.\n\n179:49 Storage of Surplus Liquor and Beverage. No licensee shall store\n\nbeverages or liquor in any other building or buildings other than that designated in his license, except by written permission from the commission.\n\n179:50 Loitering; Intoxication; Unlawful Purpose.\n\nI. No licensee shall allow any person to loiter on his premises who is intoxicated or disorderly or who loiters for any illegal purpose.\n\nII. No licensee shall use, or allow to be used, such premises for any purpose contrary to law.\n\n179:51 Lighting and Conduct Requirements for On-sale Licensees. Holders of on-sale licenses shall conduct their premises in an orderly manner at all times, and the premises shall be well lighted.\n\n179:52 Posting of Licenses. Every off-sale or on-sale license shall be posted in a conspicuous place on the premises named in the license.\n\n179:53 Alteration of Premises.\n\nI. No on-sale licensee shall cause or allow the premises for which the license has been issued to be altered without written permission from the commission.\n\nII. No off-sale licensee shall cause or allow the premises for which the license has been issued to be altered without prior approval of the commission.\n\nIII. No licensee shall alter the premises so as to provide for both on-sale and off-sale on the same premises. Premises for off-sale wine licensees may be constructed on the premises of on-sale licensees as provided in RSA 178:17, I.\n\nIV. Premises shall be constructed so as to allow for patrons under the age of 18 years to have free access to rest room facilities without having to enter a cocktail lounge.\n\nV. No licensee shall sell liquor or beverage from a drive-in window.\n\n179:54 Beverage Taps in View of Public; Names Displayed on Beer Dispensers.\n\nI. All new beverage installations on on-sale licensees' premises, except in the part of premises of licensees operating as a full service restaurant, shall have their taps in view of the public.\n\nII. On-sale 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.\n\n179:55 Notification of Change in Corporate Officers. Sole proprietorships, partnerships or corporations shall notify the commission in writing of any change in the sole proprietorship, partnership or corporation or of its officers. Notification shall be made within 30 days of such change.\n\nEnforcement Proceedings and Penalties\n\n179:56 Hearings; Investigations; False Statement; Enforcement Policy.\n\nI. 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. In any such investigation or hearing the commission shall not be bound by the technical rules of evidence. The commission, or any member, 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. Witnesses summoned before the commission shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by any justice of the peace shall have the same effect as though issued for appearance before such court.\n\nII. 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.\n\nIII.(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.\n\n(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.\n\n179:57 Suspension or Revocation; Administrative Fines. 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 licensee violates any of the provisions of law or any of the rules of the commission adopted under this title or fails to superintend in person or through a manager approved by the commission the business for which the license was issued or allows the premises with respect to which the license was issued to be used for any unlawful, disorderly or immoral purposes or knowingly employs in the sale or distribution of liquor or beverages any person who has been convicted of a felony or otherwise fails\n\nto carry out in good faith the purposes of this title the license of such licensee may be suspended by the commission without hearing, and may be revoked after notice and hearing. Notwithstanding any other provisions of this chapter, the commission, in its discretion, 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. 179:58 Penalties.\n\nI. 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.\n\nII. 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.\n\n179:59 Prosecutions. The commission shall appoint liquor investigators whose primary function shall be the proper prosecution of this title. The liquor investigators shall have all the powers of the sheriff in any county, with reference to enforcement of all laws either in cooperation with, or independently of, the officers of any county or town. Such investigators shall give bond, in the form prescribed for sheriffs, for the faithful performance of their duty, in such sum and with such sureties as the governor and council shall prescribe. The commission shall have the\n\nprimary 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 herein provided, or by county or city attorneys, or by sheriffs or their deputies, or by police officials of towns.\n\n179:60 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.\n\n179:61 Fines.\n\nI. 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.\n\nII. All fines imposed by the commission shall be deposited into the general fund.\n\nCHAPTER 180\n\nBEVERAGE DISTRIBUTOR AGREEMENTS\n\n180:1 Definitions. In this chapter:\n\nI. \"Beverage distributors agreement\" means a commercial relationship, not necessarily in writing, of definite or indefinite duration, between a beverage manufacturer license holder, beverage vendor, or beverage vendor importer, 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\n\naccomplishment of any of the following acts shall constitute prima facie evidence of an agreement:\n\n(a) The shipment or preparation for shipment of fermented malt beverages by any beverage vendor, beverage vendor importer or its agents to a wholesale distributor within this state;\n\n(b) The acceptance of any order for fermented malt beverages by any beverage vendor, beverage vendor importer or its agents to a wholesale distributor within this state; or\n\n(c) The payment by a wholesale distributor and the acceptance of payment by any beverage manufacturer, beverage vendor, beverage vendor importer or its agent or the shipment of an order for beverages intended for sale within this state.\n\nII. \"Beverage sales territory\" means the area of primary sales responsibility expressly or impliedly designated by any agreement between a wholesale distributor and a beverage vendor or beverage vendor importer for the brand or label of a beverage manufacturer.\n\nIII. \"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.\n\nIV. \"Goodwill\", unless otherwise agreed, means earnings before taxes resulting from the wholesale distributor's sale of the beverage vendor's or beverage vendor importer's brand or brands of beverages averaged over the wholesale distributor's last 3 fiscal years, or averaged over the wholesale distributor's recent fiscal years in which the wholesaler has had such earnings if fewer than 3 fiscal years.\n\nV. \"Wholesale distributor licensee\" means any person offering beverages for sale or resale to retailers without regard to whether the\n\nbusiness of the person is conducted under the terms of an agreement with a beverage manufacturer, beverage vendor, or beverage vendor importer.\n\n180:2 Acts Prohibited. No beverage manufacturer license holder, beverage vendor or beverage vendor importer shall:\n\nI. Induce, coerce, or attempt to induce or coerce, any wholesale distributor licensee to accept delivery of any beverage or any other commodity which has not been ordered by the wholesaler distributor, provided that recommendation, endorsement, exposition, persuasion or argument shall not be deemed to constitute inducement or coercion prohibited under this paragraph.\n\nII. Require a wholesale distributor to assent to any condition, stipulation or provision limiting the wholesale distributor in his right to sell the product of any other beverage manufacturer, beverage vendor, or beverage vendor importer anywhere in the state, provided that the acquisition of the product of another beverage manufacturer, beverage vendor, or beverage vendor importer in the reasonable judgment of the beverage manufacturer, beverage vendor, or beverage vendor importer, would materially impair the quality of service or quantity of sales of the existing brand or label of the beverage manufacturer, beverage vendor, or beverage vendor importer seeking to impose the condition, stipulation or provision.\n\nIII. After designating a sales territory for which any wholesale distributor shall be primarily responsible, enter into any agreement with any other wholesale distributor for the purpose of establishing an additional agreement for its brand or label in the same territory served by a wholesale distributor with that particular brand or label. No wholesale distributor granted a sales territory shall make any sale or delivery of a\n\nbeverage to any on-sale or off-sale licensee whose place of business is not within the territory granted.\n\nIV. Unreasonably require or prohibit any change in management or personnel of any wholesale distributor.\n\nV. Unreasonably withhold consent to any assignment, transfer or sale of the wholesaler distributor's business.\n\nVI. Fix or maintain the price at which a wholesale distributor sells any product, whether by means of a term or condition of an agreement or otherwise.\n\nVII. Induce, coerce, or attempt to induce or coerce, any wholesale distributor to do any illegal act or thing by threatening to amend, cancel, terminate or refuse to renew any agreement existing between a beverage manufacturer, beverage vendor, or beverage vendor importer and a wholesale distributor.\n\nVIII. Take retaliatory action against a wholesale distributor who files or manifests an intention to file a complaint of alleged violation of state or federal law or regulation by the beverage manufacturer, beverage vendor or beverage vendor importer with the appropriate state or federal regulatory authority. Retaliatory action shall include, but shall not be limited to, refusal without good cause to continue the agreement.\n\nIX. Require any wholesale distributor to waive compliance with any provisions of this chapter. In all cases the rights of free association of both beverage manufacturers, beverage vendors or beverage vendor importers and wholesaler distributors for any lawful purpose shall remain unrestricted and uninhibited.\n\n180:3 Cancellation. Notwithstanding the terms, provisions or conditions of any agreement, no beverage manufacturer, beverage vendor, or\n\nbeverage vendor importer shall amend, cancel, terminate or refuse to continue or renew any agreement, or request a wholesale distributor to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation or requesting a resignation. The mere sale or purchase of a beverage manufacturer, beverage vendor, or beverage vendor importer shall not constitute good cause, but prima facie evidence of good cause may include:\n\nI. 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.\n\nII. Bankruptcy or insolvency of the wholesale distributor.\n\nIII. Assignment for the benefit of creditors or similar disposition of the assets of the wholesale distributor.\n\nIV. Failure by the wholesale distributor to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement imposed upon him by the beverage manufacturer, beverage vendor, or beverage vendor importer.\n\n180:4 Notice of Intent to Terminate. Prior to any termination procedure initiated by the beverage manufacturer, beverage vendor or beverage vendor importer, a wholesale distributor shall be informed in writing of any claimed deficiency existing in his sales territory and shall be given reasonable time to make requested corrections. After this reasonable time has elapsed, a beverage manufacturer, beverage vendor, or beverage vendor importer 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\n\nintended amendment, termination, cancellation or nonrenewal. The notice provisions of this section shall not apply if the reason for the amendment, termination, cancellation or nonrenewal is:\n\nI. The bankruptcy or insolvency of the wholesale distributor.\n\nII. An assignment for the benefit of creditors or similar disposition of the assets of the business.\n\nIII. 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.\n\nIV. 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.\n\nV. Willful breach of any material provision of a written agreement between a beverage manufacturer, beverage vendor, or beverage vendor importer and a wholesale distributor.\n\nVI. 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, or 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, when the wholesale distributor has failed to give reasonable prior written notice to the beverage manufacturer, beverage vendor or beverage vendor importer of the proposed transfer.\n\nVII. The wholesale distributor's failure to pay any account when due, upon demand for such payment in accordance with agreed payment terms.\n\n180:5 Compensation.\n\nI. Any beverage manufacturer, beverage vendor, or beverage vendor importer which amends, cancels, terminates, or refuses to continue or renew any agreement; requests a wholesale distributor to resign from an agreement, without good cause shown, as used in RSA 180:3; or unreasonably withholds consent to any assignment, transfer or sale of a wholesale distributor's business, shall pay the wholesale distributor reasonable compensation for the value of the wholesale distributor's business lost due to the terminated brand or label. The value of the wholesale distributor's business shall include inventory and other tangible assets and its good will, if any.\n\nII. In the event that the beverage manufacturer, beverage vendor, or beverage vendor importer 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. The costs of arbitration shall be paid in equal shares by the wholesale distributor and the beverage manufacturer, beverage vendor or beverage vendor importer. In all other regards, arbitration proceedings shall be governed by RSA 542.\n\n180:6 Judicial Remedies.\n\nI. 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\n\napplication.\n\nII. 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.\n\nIII. The prevailing party in any action under paragraph I shall be entitled to actual damages, including reasonable attorneys' fees and also including the value of the wholesale distributor's business, as specified in RSA 180:5, I.\n\n180:7 Settlement of Disputes. Nothing in this chapter shall be construed to limit or prohibit voluntary good faith settlements of disputes entered into between the parties.\n\n180:8 Sale of Beverage Manufacturer, Beverage Vendor, or Beverage Vendor Importer. The purchaser of a beverage manufacturer, beverage vendor, or beverage vendor importer 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, beverage vendor, or beverage vendor importer for good cause. \"Purchase\" shall include, but not be limited to, the sale of stock, sale of assets, merger, lease, transfer or consolidation.\n\n180:9 Exclusive Wholesale Distributor Territorial Agreements. It shall be unlawful for a wholesale distributor to sell any brand of beverage in this state except in the territory described in a distribution agreement authorizing sale by the wholesale distributor of that brand or label within a designated area, and within that designated area the wholesale distributor 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 vendor or beverage\n\nvendor importer sells several brands, the agreement need not apply to all brands sold by the beverage vendor or beverage vendor importer and may apply only to one brand. No brewer, importer 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.\n\n180:10 Filing. A copy of each distribution agreement and any amendment to it shall be filed with the commission by both the beverage manufacturer, beverage vendor or beverage vendor importer 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.\n\n180:11 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 both the beverage vendor or beverage vendor importer 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.\n\n180:12 Resale Price Maintenance Prohibited. No provision of any distribution agreement shall directly or indirectly establish or maintain\n\nthe resale price of any brand or label of beverage by the wholesale distributor.\n\n2 Reference Change. Amend RSA 17-I:2, II to read as follows:\n\nII. To oversee the historical fund established under RSA [177:4-b] 177:8.\n\n3 Reference Change. Amend RSA 17-I:5 to read as follows:\n\n17-I:5 Annual Appropriation. There is hereby appropriated annually the sum of $10,000 to the joint legislative historical committee established in RSA 17-I for deposit in the nonlapsing historical fund established under RSA [177:4-b, II] 177:8, II for the purpose of carrying out its statutory duties. The governor is authorized to draw his warrant for said sum out of any money in the treasury not otherwise appropriated.\n\n4 Reference Change. Amend RSA 21-I:18, II to read as follows:\n\nII. The purchasing powers now vested in the state liquor commission by RSA [176:10, 176:13, and 177:1] 176:11, RSA 176:15, and RSA 177:1 shall remain in effect. All other purchases by or for said commission shall be subject to the provisions of this chapter.\n\n5 Reference Change. Amend RSA 78-A:3, X(c)(7) to read as follows:\n\n(7) meals prepared and sold by nonprofit organizations. However, if the nonprofit organization is required to have a license issued by the liquor commission other than a license issued pursuant to RSA [178:8-b] 178:20, V(l), the meals are taxable meals;\n\n6 Reference Change. Amend RSA 260:21, IX to read as follows:\n\nIX. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA [175:6-b and RSA\n\n175:7] 179:8 and RSA 179:9.\n\n7 Reference Change. Amend RSA 263:14-a, I(b) to read as follows:\n\n(b) Any driver under the age of 21 years who is convicted of an offense under RSA [175:8-a] 179:10 shall be issued a probationary license until he reaches the age of 21 years.\n\n8 Reference Change. Amend RSA 263:57-a to read as follows:\n\n263:57-a Suspension for Illegal Use of Drivers License. Any person 21 years of age or older who knowingly loans his driver's license to another person under the legal age of 21 years for use as identification to enable the underage person to purchase or consume any liquor or beverage as defined by RSA 175:1, VIII and XLII shall have his license or his right to drive a motor vehicle suspended for 60 days by the director of the division of motor vehicles. Upon conviction of any person for violating RSA [175:7] 179:9 by using another's driver's license, the presiding justice shall notify the director of the division of motor vehicles of the identity of the lawful holder of said license.\n\n9 Reference Change. Amend RSA 265:81 to read as follows:\n\n265:81 Transporting Alcoholic Beverages. Except as provided for in RSA [175:8] 179:23, any person under the age of 21 years driving a vehicle upon a way, except when accompanied by parent or legal guardian or legal age spouse, and having liquor or beverage in any form in container, open or unopened, in any part of the vehicle, may have his license suspended or his right to drive denied for 3 months by the director. The words \"liquor\" and \"beverage\" as used in this section shall have the same meaning as defined in RSA 175:1, VIII and XLII. For purposes of this section \"legal age spouse\" shall mean a person of at least 21 years of age.\n\n10 Reference Change. Amend RSA 277-A:3, V(c) to read as follows:\n\n(c) Any other substance which the division determines should be so defined consistent with the purposes of this chapter and consistent to the extent possible with the methods and criteria used in compiling the lists of toxic or hazardous substances referred to in subparagraph (a). For the purposes of this chapter, the term \"toxic substance\" shall not include any liquor or beverage, as those terms are defined in RSA 175:1, VIII and XLII, or any other substance which has been packaged for retail sale or which is contained in a product which has been packaged for retail sale; and\n\n11 Reference Change. Amend the introductory paragraph of RSA 293-A:132, I to read as follows:\n\nI. Each domestic corporation and each foreign corporation authorized to transact business in this state, except corporations making returns to the insurance commissioner and holders of [certificates of approval] beverage vendor or beverage vendor importer licenses under RSA [181:26] 178:12, shall file within the time prescribed by this chapter an annual report setting forth:\n\n12 Reference Change. Amend RSA 332-D:6 to read as follows:\n\n332-D:6 Sunday Dancing Permitted. Notwithstanding the provisions of RSA 332-D:4, public dancing shall be permitted after [two] 2 p.m. on Sundays in hotels [licensed under RSA 178:3 and 178:4, in] and restaurants licensed under RSA [178:3-a and RSA 178:3-c] 178:19, II(a) and (b), and in [first class] ballrooms licensed under RSA [178:7-a] 178:20, V(c), provided that such dancing shall have the approval of the state liquor commission.\n\n13 Reference Change. Amend RSA 507-F:1, I and II to read as follows:\n\nI. \"Adult\" means any person of legal age to purchase alcoholic\n\nbeverages, or older as defined by RSA [175:6] 175:1, I.\n\nII. \"Alcoholic beverages\" means liquor and beverages as those terms are defined in RSA 175:1, VIII and XLII.\n\n14 Reference Change. Amend RSA 507-F:1, V to read as follows:\n\nV. \"Licensee\" means any person who is required to be licensed to serve alcoholic beverages under RSA [175, 176, 177, 178, 178-A, 178-B, or 181] 178 and 179.\n\n15 Reference Change. Amend RSA 507-F:1, VIII to read as follows:\n\nVIII. \"Premises\" means any establishment licensed or required to be licensed under RSA [175:3] 175:1, LIV.\n\n16 Reference Change. Amend RSA 507-F:3 to read as follows:\n\n507-F:3 Defendants. Any person licensed or required to be licensed under RSA [175:3] 178:1, I and any employee or agent of such person who commits an act giving rise to liability, as provided in RSA 507-F:4 and 5, may be made a defendant to a claim under the provisions of this chapter.\n\n17 Reference Change. Amend RSA 507-F:4, III to read as follows:\n\nIII. Proof of service of alcoholic beverages to a minor without request for proof of age as required by RSA [175:6-b] 179:8 shall be admissible as evidence of negligence.\n\n18 Reference Change. Amend RSA 507-F:6, VI(a) to read as follows:\n\n(a) Management policies which assure the examination of proof of age as required by RSA [175:6-b] 179:8, for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors.\n\n19 Reference Change. Amend RSA 507-F:7, I(a) to read as follows:\n\n(a) Fails to show proof of age as required by RSA [175:6-b] 179:8; or\n\n20 Study Committee.\n\nI. There is established a committee to review the entire licensing process for liquor, wine, and beverages. The committee shall consist of 6 members appointed as follows:\n\n(a) Two shall be appointed by the governor.\n\n(b) Two shall be appointed by the senate president.\n\n(c) Two shall be appointed by the speaker of the house of representatives.\n\nII. The chairman shall be appointed by the governor.\n\nIII. The committee shall submit a report to the governor, speaker of the house, and senate president on or before June 1, 1991.\n\n21 Effective Date. This act shall take effect July 1, 1990.\n\nHB 1410-FN\n\nLBAO\n\nLSR 90-2213 **\n\nAmended 3/23/90\n\nFISCAL NOTE for an act relative to recodifying the liquor laws and standardizing licensing and fee requirements.\n\nMETHODOLOGY:\n\nThe Commission states that under this recodification bill, changes in license fees will increase total licensee revenue by $170,206 annually. The Commission estimates that the licensee penalty provisions of this bill will increase revenues by $100,000 annually, with fines ranging from $100 to $5,000. The Commission assumes that both license and fine revenues will remain relatively flat each year after FY 1991.\n\nCommission states that under this recodification bill, changes in license fees will increase total licensee revenue by $170,206 annually. The Commission estimates that the licensee penalty provisions of this bill will increase revenues by $100,000 annually, with fines ranging from $100 to", "in_text": [], "chars": 180443}, "nver": 0, "namd": 0, "rsa": {"RSA 225-A:2": "/laws/225-a#s2", "RSA 318:38": "/laws/318#s38", "RSA 178:16": "/laws/178#s16", "RSA 178:17": "/laws/178#s17", "RSA\n\n178:6": "/laws/178#s6", "RSA 663:5": "/laws/663#s5", "RSA 663:6": "/laws/663#s6", "RSA 660:13-15": "/laws/660", "RSA 176:1": "/laws/176#s1", "RSA 94:1-a": "/laws/94#s1-a", "RSA 188-F:27": "/laws/188-f#s22", "RSA 176:7": "/laws/176#s7", "RSA 176:9": "/laws/176#s9", "RSA 177:4": "/laws/177#s4", "RSA 179:58": "/laws/179#s58", "RSA 283:7": "/laws/283#s7", "RSA 146": "/laws/146", "RSA 9": "/laws/9", "RSA 541-A": "/laws/541-a", "RSA 93:2": "/laws/93", "RSA 21-I": "/laws/21-i", "RSA 178:6": "/laws/178#s6", "RSA 178": "/laws/178", "RSA 17-I:1": "/laws/17-i#s1", "RSA 17-I": "/laws/17-i", "RSA 175:1": "/laws/175#s1", "RSA 178:9": "/laws/178#s9", "RSA 178:8": "/laws/178#s8", "RSA 178:27": "/laws/178#s27", "RSA 175:4": "/laws/175#s4", "RSA 178:20": "/laws/178#s20", "RSA 178:19": "/laws/178#s19", "RSA 178:2": "/laws/178#s2", "RSA 178:24": "/laws/178#s24", "RSA 178:28": "/laws/178#s28", "RSA 617": "/laws/617", "RSA 179:3": "/laws/179#s3", "RSA 179:7": "/laws/179#s7", "RSA 260:21": "/laws/260#s21", "RSA 179:23": "/laws/179#s23", "RSA 178:10": "/laws/178#s10", "RSA 178:13": "/laws/178#s13", "RSA 180:3": "/laws/180#s3", "RSA 542:4": "/laws/542#s4", "RSA 542": "/laws/542", "RSA 180:5": "/laws/180#s5", "RSA 180:10": "/laws/180#s10", "RSA 17-I:2": "/laws/17-i#s2", "RSA 17-I:5": "/laws/17-i#s5", "RSA 21-I:18": "/laws/21-i#s18", "RSA 176:15": "/laws/176#s15", "RSA 177:1": "/laws/177#s1", "RSA 78-A:3": "/laws/78-a#s3", "RSA\n\n175:7": "/laws/175#s7", "RSA 179:9": "/laws/179#s9", "RSA 263:14-a": "/laws/263#s14-a", "RSA 263:57-a": "/laws/263#s57-a", "RSA 265:81": "/laws/265#s81", "RSA 277-A:3": "/laws/277-a#s3", "RSA 293-A:132": "/laws/293-a", "RSA 332-D:6": "/laws/332-d", "RSA 332-D:4": "/laws/332-d", "RSA 178:3": "/laws/178#s3", "RSA 178:3-c": "/laws/178", "RSA 507-F:1": "/laws/507-f#s1", "RSA 507-F:3": "/laws/507-f#s3", "RSA 507-F:4": "/laws/507-f#s4", "RSA 507-F:6": "/laws/507-f#s6", "RSA 507-F:7": "/laws/507-f#s7"}, "amends": {"RSA 17-I:2": "/laws/17-i#s2", "RSA 17-I:5": "/laws/17-i#s5", "RSA 21-I:18": "/laws/21-i#s18", "RSA 78-A:3": "/laws/78-a#s3", "RSA 260:21": "/laws/260#s21", "RSA 263:14-a": "/laws/263#s14-a", "RSA 263:57-a": "/laws/263#s57-a", "RSA 265:81": "/laws/265#s81", "RSA 277-A:3": "/laws/277-a#s3", "RSA 293-A:132": "/laws/293-a", "RSA 332-D:6": "/laws/332-d", "RSA 507-F:1": "/laws/507-f#s1", "RSA 507-F:3": "/laws/507-f#s3", "RSA 507-F:4": "/laws/507-f#s4", "RSA 507-F:6": "/laws/507-f#s6", "RSA 507-F:7": "/laws/507-f#s7"}, "changed": ["17-I:2", "17-I:5", "21-I:18", "78-A:3", "175:1", "175:2", "175:3", "175:4", "175:5", "175:6", "175:7", "176:1", "176:2", "176:3", "176:4", "176:6", "176:7", "176:8", "176:9", "176:10", "176:11", "176:12", "176:13", "176:14", "176:15", "176:16", "176:17", "177:1", "177:2", "177:3", "177:4", "177:5", "177:6", "177:7", "177:8", "177:9", "179:1", "179:2", "179:3", "179:4", "179:5", "179:6", "179:7", "179:8", "179:9", "179:10", "179:11", "179:13", "179:14", "179:15", "179:16", "179:17", "179:18", "179:19", "179:20", "179:21", "179:22", "179:23", "179:24", "179:25", "179:26", "179:27", "179:28", "179:29", "179:30", "179:31", "179:32", "179:33", "179:34", "179:35", "179:38", "179:40", "179:41", "179:42", "179:43", "179:44", "179:47", "179:48", "179:49", "179:50", "179:51", "179:52", "179:53", "179:54", "179:55", "179:56", "179:57", "179:58", "179:59", "179:60", "179:61", "180:1", "180:2", "180:3", "180:4", "180:5", "180:6", "180:7", "180:8", "180:9", "180:10", "180:11", "180:12", "260:21", "263:57-a", "277-A:3", "507-F:1", "507-F:3", "507-F:4", "507-F:6", "507-F:7"]}