{"id": "HB710", "year": 2002, "term": "2001-2002", "title": "relative to liquor licenses and fees.", "narrative": "It was introduced on February 15, 2001 and referred to the House Commerce committee. The committee held a public hearing on March 7, 2001. On March 22, 2001 the House adopted \u201cSusp Rules for Deadline\u201d on a voice vote. The committee held work sessions on March 28, 2001 and April 4, 2001. The committee retained the bill, holding it for further work rather than reporting it out this year. The committee held work sessions on May 22, 2001, September 20, 2001 and October 2, 2001. The majority of the committee recommended that the House pass it with changes unanimously, 17\u20130. On January 2, 2002 the House voted to pass it with changes on a voice vote, then referred it on to the House Ways and Means committee. The committee held a public hearing on January 22, 2002. The committee held a work session on February 6, 2002. The majority of the committee recommended that the House study it after the session ends unanimously, 14\u20130, and the report was placed on the consent calendar. On February 21, 2002 the House voted to study it after the session ends. The committee held a work session on October 17, 2002. The committee reported back on its interim study of the bill: \u201cREC FOR LEGIS IN 2003\u201d, by a vote of 11 to 0.", "stages": [{"label": "House Committee (Commerce)", "hand": "H:committee", "text": "It was introduced on February 15, 2001 and referred to the House Commerce committee. The committee held a public hearing on March 7, 2001.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On March 22, 2001 the House adopted \u201cSusp Rules for Deadline\u201d on a voice vote.", "notes": []}, {"label": "House Committee (Commerce)", "hand": "H:committee", "text": "The committee held work sessions on March 28, 2001 and April 4, 2001. The committee retained the bill, holding it for further work rather than reporting it out this year. The committee held work sessions on May 22, 2001, September 20, 2001 and October 2, 2001. The majority of the committee recommended that the House pass it with changes unanimously, 17\u20130.", "notes": ["A retained bill stays with the committee into the second year of the term."]}, {"label": "On the House Floor", "hand": "H:floor", "text": "On January 2, 2002 the House voted to pass it with changes on a voice vote, then referred it on to the House Ways and Means committee.", "notes": []}, {"label": "House Committee (Ways and Means)", "hand": "H:committee", "text": "The committee held a public hearing on January 22, 2002. The committee held a work session on February 6, 2002. The majority of the committee recommended that the House study it after the session ends unanimously, 14\u20130, 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 February 21, 2002 the House voted to study it after the session ends.", "notes": ["In practice this often ends a bill's progress for the term."]}, {"label": "House Committee (Ways and Means)", "hand": "H:committee", "text": "The committee held a work session on October 17, 2002. The committee reported back on its interim study of the bill: \u201cREC FOR LEGIS IN 2003\u201d, by a vote of 11 to 0.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "2001-02-15", "text": "Introduced and ref to Commerce; HJ20, p285", "routine": false, "cite": "HJ 20"}, {"date": "2001-02-20", "text": "Copy to Chairman on 2/20/2001 due Early <e/w>", "routine": false}, {"date": "2001-03-07", "text": "Hearing Mar 7 2:30 RM302,LOB", "routine": false}, {"date": "2001-03-16", "text": "(Subcom: Reps Avery, T Reardon and DiFruscia)", "routine": false}, {"date": "2001-03-22", "text": "Reps Scanlan & Burling Susp Rules for Deadline, MA 2/3VV; HJ26, p549", "routine": false, "cite": "HJ 26"}, {"date": "2001-03-28", "text": "Subcom Work Session Mar 28 9:00 RM302,LOB <Rep Avery>", "routine": false}, {"date": "2001-04-04", "text": "Subcom Work Session Apr 4 1:00 RM302,LOB", "routine": false}, {"date": "2001-04-12", "text": "Retained in Committee", "routine": false}, {"date": "2001-05-22", "text": "Subcom Work Session May 22 10:00 RM302,LOB <Rep Avery>", "routine": false}, {"date": "2001-09-20", "text": "Subcom Work Session Sep 20 10:00 RM302,LOB <Rep Avery>", "routine": false}, {"date": "2001-10-02", "text": "Subcom Work Session Oct 2 1:00 RM302,LOB <Rep Avery>", "routine": false}, {"date": "2001-12-20", "text": "Maj Report OTP/AM for Jan 2 (vote 17-0;Reg)", "routine": false}, {"date": "2001-12-20", "text": "Prop Maj Am{1895}; HC1, p33", "routine": false, "cite": "HC 1", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2001%5CNo%2001%20December%206%202000.pdf"}, {"date": "2002-01-02", "text": "Comm Am, AA VV; Passed with Am and ref to Ways & Means VV; HJ5, p210-211", "routine": false, "cite": "HJ 5"}, {"date": "2002-01-22", "text": "W&M Hearing Jan 22 10:00 RM202,LOB (NOTE TIME CHANGE)", "routine": false}, {"date": "2002-02-06", "text": "W&M Subcom Work Session Feb 6 10:00 RM202,LOB <Rep Hess>", "routine": false}, {"date": "2002-02-13", "text": "W&M Maj Report REF FOR INT STUDY for Feb 21 (vote 14-0;CC)", "routine": false}, {"date": "2002-02-21", "text": "Referred to Ways & Means for Interim Study; HJ21, p843", "routine": false, "cite": "HJ 21"}, {"date": "2002-10-17", "text": "Int Study Subcom Work Session Oct 17 10:00 RM202,LOB <Rep Alukonis>", "routine": false}, {"date": "2002-11-12", "text": "Int Study Report: REC FOR LEGIS IN 2003 (vote 11-0)", "routine": false}], "next_step": "House: INTERIM STUDY", "archived": {"docket": true, "sponsors": true, "reports": true, "votes": true, "video": false, "hearings": true, "committee": true}, "status_source": "General Court bill status page", "chapter": "", "journey": {"steps": [{"date": "2002-01-02", "body": "H", "act": "referred", "mark": "h", "text": "Approved with an amendment and sent to Ways and Means on a voice vote"}, {"date": "2002-02-21", "body": "H", "act": "study", "mark": "s", "text": "Sent to interim study"}, {"date": "2002-06-27", "body": "H", "act": "died", "mark": "x", "text": "In interim study: the committee studies the subject in the fall of 2002; the bill goes no further"}, {"date": "2002-11-12", "body": "H", "act": "study_report", "mark": "f", "text": "Interim study report: recommends future legislation in 2003, 11\u20130"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "2001-02-15", "say": "Introduced"}, {"stop": "House", "mark": "s", "date": "2002-02-21", "say": "Sent to interim study"}, {"stop": "Senate", "mark": "-", "date": "", "say": "Never reached"}, {"stop": "Governor", "mark": "-", "date": "", "say": "Never reached"}, {"stop": "Law", "mark": "x", "date": "2002-06-27", "say": "Did not become law"}]}, "text_url": "", "facts": {"gen_status": "HOUSE", "house_status": "INTERIM STUDY"}, "study_report": {"date": "2002-11-12", "body": "H", "rec": "rec", "recommended": true, "vote": "11\u20130", "year": "2003"}, "sponsors": [{"member_id": "414", "name": "John Hunt", "party": "R", "chamber": "H", "county": "Cheshire", "district": "10", "label": "Rep. 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Stephen G. Avery", "committee": "Commerce", "vote_yeas": 17, "vote_nays": 0, "text": "This bill constitutes a sweeping revision of the current liquor licenses and fees as found in RSA 178. Right now there are 54 classifications of retail on premise licenses for the sale of alcohol. This legislation is strongly recommended by the New Hampshire Liquor Commission who believe that the current laws governing licensing in the Title XIII are a complex labyrinth constructed more to accommodate new and evolving businesses than an orderly and efficient licensure structure for businesses selling alcoholic beverages. This bill, when passed, will enable the Bureau of Enforcement to concentrate their efforts on the more important issues of underage drinking and the over- service of alcoholic beverages."}], "source": "House Calendar 2, 2002", "date": "2001-12-21", "dated": "printed", "cite": "HC 2", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2002%20December%2021%202001.pdf"}, {"bill": "HB710", "title": "relative to liquor licenses and fees", "majority_recommendation": "REFER FOR INTERIM STUDY", "minority_recommendation": null, "reports": [{"side": "Committee", "author": "Rep. Christine M. Konys", "committee": "Ways and Means", "vote_yeas": 14, "vote_nays": 0, "text": "Over the past few weeks, the committee received numerous calls and letters from small businesses that would be adversely affected by large increases in some of the fees proposed by this bill. While the committee applauds the extensive work done by the Commerce Committee in developing a streamlined fee system, we felt that the concerns raised need to be addressed. We feel HB 710 has considerable merit, and so chose to put the bill into interim study to address the fee issues, rather than vote the bill inexpedient to legislate."}], "source": "House Calendar 15, 2002", "date": "2002-02-15", "dated": "printed", "cite": "HC 15", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2015%20February%2015%202002.pdf"}], "docket_reports": [], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Liquor and Beer", "subject_source": "granite record", "house_committee": "Commerce", "senate_committee": "", "lsr": "2002-437", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=437&sy=2002&txtsessionyear=2002&txtbillnumber=hb710&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=437&sy=2002&txtsessionyear=2002&txtbillnumber=hb710&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=437&sy=2002&txtsessionyear=2002&txtbillnumber=hb710&sortoption=billnumber", "kind": "docket"}, {"label": "HC 1", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2001%5CNo%2001%20December%206%202000.pdf", "kind": "record"}, {"label": "House Calendar 2, 2002, committee report", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2002%20December%2021%202001.pdf", "kind": "report"}, {"label": "House Calendar 15, 2002, committee report", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2002%5CNo%2015%20February%2015%202002.pdf", "kind": "report"}], "amendments": [], "billtext": {"version": "As amended by the house", "title": "", "analysis": "This bill makes a variety of changes in the laws relative to liquor licenses and fees.", "fiscal": {"lead": "", "tables": [{"caption": "", "raw": ["The Liquor Commission has determined this bill will result in an indeterminable increase in state revenue in FY 2002 and each year thereafter. There will be no fiscal impact on county and local revenue or state, county and local expenditures."]}]}, "body": "2jan02...1895h\n\nBe it Enacted by the Senate and House of Representatives in General Court convened:\n\n1 Tax on Rooms and Meals; Definitions; Taxable Meal; Exclusions; Reference Changed. Amend RSA 78-A:3, X(c)(7) to read as follows:\n\n(7) Meals prepared and sold by nonprofit organizations other than educational institutions. However, if the nonprofit organization is required to have a license issued by the liquor commission other than a license issued pursuant to RSA [ 178:20, V(l)] 178:17, IV(b), the meals are taxable meals;\n\n2 Definitions; Beverage Representative; Reference Deleted. Amend RSA 175:1, IX to read as follows:\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,] wholesale distributor, or beverage manufacturer license.\n\n3 Definitions; Brew Pub; References Changed. Amend RSA 175:1, XII-a to read as follows:\n\nXII-a. \"Brew pub\" means a manufacturer of beer or specialty beer, not exceeding 2,500 barrels annually, which as a functional part of its business, maintains a full service restaurant serving the beer it manufactures as well as other beverage and liquor as allowed by RSA [ 178:19, II(a)(1) and RSA 178:20, V(q)] 178:17, III.\n\n4 New Paragraph; Definitions; Caterer. Amend RSA 175:1 by inserting after paragraph XIV the following new paragraph:\n\nXIV-a. \"Caterer\" means a person who provides meals or other food as well as liquor or beverage service to private groups on premises approved by the commission for such service. At least 50 percent of a caterer's sales conducted under a license issued by the commission shall be food.\n\n5 New Paragraph; Definition; Food Service Business. Amend RSA 175:1 by inserting after paragraph XXXI the following new paragraph:\n\nXXXI-a. \"Food service business\" means a business kept, used, maintained, advertised, and held out to the public solely as a place where meals are served. At least 50 percent of the sales of a food service business shall be food consumed on the premises.\n\n6 Definitions; Private Group; Private Club Added. Amend RSA 175:1, LIV-a to read as follows:\n\nLIV-a. \"Private club\" means an organization incorporated under the laws of this state, whose members are equal shareholders, whose assets belong to the members equally, and whose members have an equal vote in club affairs and a right to run for club offices. The licensed area of a private club shall be operated solely for the use of members and their accompanied guests, and shall be open for inspection by investigators of the commission and local law enforcement officials whenever operating.\n\nLIV-b. \"Private group\" means an assembly of persons gathered for a designated social or business occasion, present by invitation or reservation.\n\n7 Definitions; Wholesale Distributor; Reference Changed. Amend RSA 175:1, LXVI to read as follows:\n\nLXVI. \"Wholesale distributor\" means a person licensed by the commission to engage in the purchase of beverages only from the holders of wholesale distributor licenses, beverage manufacturer licenses, beverage vendor licenses, or [ beverage vendor importer] brew pub 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\n8 Advertising; References Changed. Amend RSA 175:4, IV to read as follows:\n\nIV. The following statement shall be posted on the premises of all [ on-sale and off-sale] retail licensees and at state liquor stores: \"According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.\" Such statement shall be located in a conspicuous and prominent place within the establishment and shall appear on a contrasting background.\n\n9 Transportation of Liquor; References Changed. Amend RSA 175:6, I-II to read as follows:\n\nI. No person shall transport liquor in this state in a greater quantity than 3 quarts, unless said liquor was purchased from a state store, from a direct shipper, from a holder of [ a combination or retail wine] an off-premises license in accordance with RSA [ 178:16 and RSA 178:17] 178:18, or from a winery holding a limited winery special sales license in accordance with RSA [ 178:6] 178:8. 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 the person's own personal use, in a quantity not to exceed 3 gallons. Quantities exceeding 3 gallons may be transferred with a license issued by the commission providing a fee of 25 percent of the entire value of the product is paid to the commission. [ It shall be lawful for import warehousers, under rules adopted by the commission pursuant to RSA 541-A to transport liquor as provided by RSA 178:5, II.] 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\nII. Upon written authorization from the commission it shall be lawful for any out-of-state wholesaler of liquor or any licensed liquor vendor, [ table wine vendor, liquor manufacturer] rectifier, or domestic wine manufacturer to pick up from, transport, and deliver liquor or table wines, as applicable, to any commission warehouse, to any other licensed warehouse, to the state line, or to their place of business.\n\n10 Commission to Sell; References Changed. Amend RSA 176:11, II to read as follows:\n\nII. In the event that the commission determines New Hampshire liquor revenues are being diverted by actions taken by persons holding either liquor and wine representative[,] or liquor [ vendor or table] and wine vendor licenses who compete directly or indirectly with the commission for market share in this or other states, the commission may take such marketing or merchandising action, or both, as it deems necessary, including sanctions against products supplied by the competing entities.\n\n11 Liquor Dispensed Only Through Commission; References Changed. Amend RSA 177:6 to read as follows:\n\n177:6 Liquor Dispensed Only Through Commission. Except as provided in RSA [ 178:5, II, RSA 178:6, II, and RSA 178:14-a] 178:8, II and RSA 178:24, 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] on-premises or off-premises retail license under RSA 178, except that obtained from the commission.\n\n12 Liquor Licenses and Fees. RSA 178 is repealed and reenacted to read as follows:\n\n178:1 Licenses Required; Enforceability of Contracts.\n\nI. No person shall manufacture for sale, or sell in any method or manner, directly or indirectly, or distribute by selling, transferring, giving, or delivering to another, or leaving, bartering, or exchanging with another, or offering or agreeing to do the same, in any method or manner, directly or indirectly, 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. Any violation of this section shall be a class B felony for each violation.\n\nII. Any name or trade name displayed outside a business licensed under this chapter 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 the application.\n\nIV. All contracts and agreements entered into by liquor and wine representatives shall be enforceable under New Hampshire laws and shall have termination notices of not less than 60 days.\n\nV. Notwithstanding any other provisions of law, each club-bottle as defined in RSA 175:1, XVII shall register to do business with the secretary of state. Nothing contained in this chapter shall be construed to permit the operator of a club-bottle to sell beverage or liquor, directly or indirectly, or otherwise replace beverage or liquor, consumed by persons over 21 years of age and holding lawful title, for a fee or anything of value.\n\n178:2 Licenses Authorized. The commission may issue licenses to individuals, partnerships, limited liability companies and partnerships, or corporations but not to unincorporated associations, on applications duly made therefor for the manufacture, warehousing, 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. The commission 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 on such applications.\n\n178:3 License Applications and Qualifications.\n\nI. Persons seeking a license under this chapter shall file an application with the commission which is in such form and contains such information as the commission may establish by rule consistent with the purposes of this chapter.\n\nII. The commission shall establish application fees which are sufficient to recover the fully distributed costs of processing and investigating each type of license application required. All applications shall be processed in accordance with RSA 541-A:29. Only United States citizens, registered resident aliens, partnerships, or limited liability companies, limited liability partnerships, or corporations currently registered with the secretary of state to do business in New Hampshire shall be licensed under this chapter.\n\nIII. All license applications shall be made in the name of the proposed licensee and shall be signed and sworn to by the proposed licensee. In the case of a partnership, limited liability company or partnership, or corporate applicant, the application shall be signed and sworn to by all partners or an officer of the proposed licensee, or in the case of a limited liability company or partnership by each member if a natural person, or by a duly appointed representative of the membership if any other person, or by the manager of the limited liability company.\n\nIV. An applicant intending to employ a trade name in the proposed business shall submit evidence with its application which demonstrates that the trade name is currently registered in New Hampshire.\n\nV. The commission shall receive and evaluate sufficient information to identify and evaluate the qualifications of all persons with the de jure or de facto right to control the operations and policies of the proposed licensee. Among other things, license applications shall disclose fully and accurately:\n\n(a) The applicant's identity, the applicant's permanent residence address in the case of an individual, and the applicant's principal place of business.\n\n(b) The names and addresses of any persons who own or have a right to control any interest in the proposed licensee.\n\n(c) Any agency agreement or other contract between the applicant and third persons intended to affect the operation of the proposed business, and the identity of the third party involved.\n\n(d) The name, location, physical layout, and nature of the proposed business.\n\n(e) Any substantial business interests involving the manufacture, sale, or distribution of liquor or beverages held by any person identified pursuant to subparagraph V(b).\n\n(f) All licenses issued to and all other license applications filed by the applicant, and by any person identified pursuant to subparagraph V(b), pursuant to this title during the previous 5 years.\n\nVI. No license shall be issued under this chapter to any person who has been convicted of a felony, or to any partnership, limited liability company or partnership, or corporation when a partner, director, officer, member, or any other person with a controlling interest in the operation of the business has been convicted of a felony.\n\nVII. The commission shall not issue a license under this chapter unless it is satisfied that:\n\n(a) The application is complete in all respects.\n\n(b) The applicant and any person listed pursuant to subparagraph V(b) are at least 21 years of age and of sufficiently good character to leave no substantial doubt that the proposed business shall be operated in strict accordance with all applicable state and federal alcoholic beverage control laws and rules.\n\n(c) The applicant has accurately disclosed its interests in other business activities, and there is no substantial likelihood that these interests would interfere with the operation of the proposed business in a lawful manner and in accordance with the provisions of this chapter. Any application may be denied if the proposed licensee, or a person with a substantial ownership interest in the applicant, has other business interests in this or any other state which the commission believes would create unreasonable opportunities for unfair competition or unlawful activities, or which would unduly hinder the commission in exercising its regulatory and financial responsibilities.\n\n(d) In the case of corporate, limited liability company or partnership, or partnership applicants controlled by persons who do not reside in the United States, the proposed business would not be managed in a manner which would unduly hinder the commission from exercising its regulatory and financial responsibilities. Inaccessibility of relevant records or unresponsiveness to nondiscriminatory commission inquiries which result from foreign control shall be grounds for revoking or suspending a license which has already been granted.\n\n(e) The person or persons actually managing the proposed business on a day-to-day basis are of good character and are professionally qualified to perform such work in a manner which complies with the laws of this state and the rules of the commission.\n\n(f) The proposed location of the business is an appropriate one, considering the nature of the business, the nature of the surrounding neighborhood, and the number of similar businesses in that neighborhood.\n\nVIII. All license applications shall be updated and amended within 30 days following any change in the information stated in the application. This obligation shall continue after the application has been granted. Failure to notify the commission of such changes shall be grounds for denying a pending application or revoking or suspending a license which had already been granted.\n\nIX. A transfer of the right to control a corporate, limited liability company or partnership, or partnership applicant or existing licensee requires prior commission approval. Minor ownership changes, and changes in corporate, limited liability company or partnership, partnership, or trade names which do not involve ownership change shall be automatically approved upon the filing of appropriate documentation.\n\nX. Any applicant denied a license under this chapter shall be granted a hearing by the commission, upon the applicant's request.\n\n178:4 Exception. Notwithstanding the provisions of RSA 178:3, the commission may issue licenses to a person who has been convicted of a felony, other than abduction, arson, incest, manslaughter in the first degree, mayhem, murder, rape, robbery, or trafficking in drugs, provided that not less than 5 years shall have passed since such person completed his or her sentence or was placed on parole or probation, and, upon state and federal criminal history checks, the commission is satisfied that during this interim period the person has led an exemplary life, has no legal criminal actions pending, and has not been convicted of any further crime except for minor traffic violations.\n\n178:5 License Renewal. There shall be no presumption that any liquor license shall be renewed. The commission shall review all license requests for renewal, and shall not renew any license unless the licensee meets all of the current requirements for the issuance of a license. The commission may consider the licensee's record of violations, the manner in which the licensee has operated during the term of the license, the effect of the license on the neighborhood or community, and any other facts presented at the renewal hearing in determining whether to renew the license.\n\n178:6 Liquor Manufacturer License.\n\nI. A liquor manufacturer licensee may ferment, distill, blend, age, and bottle liquor other than wine in this state. A liquor manufacturer licensee may sell the liquor it manufactures to the commission for resale in this state.\n\nII. No liquor manufactured, blended, or bottled 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\nIII. Each liquor manufacturer shall have the right to transport the liquor it manufactures, blends, or bottles in bottles or other closed containers to the state border for transportation and sale outside the state to holders of a United States basic permit issued under the Federal Alcohol Administration Act.\n\n178:7 Rectifier License.\n\nI. A rectifier licensee may age, blend, and bottle liquor at its premises, may purchase liquor from sources both inside and outside this state for such aging, blending, and bottling, and may sell the liquor it produces to the commission for resale in this state.\n\nII. No liquor which is aged, blended, or bottled in this state by any rectifier shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.\n\nIII. Each rectifier shall have the right to transport the liquor it ages, blends, or bottles in bottles or other closed containers to the state border for transportation and sale outside the state to holders of a United States basic permit issued under the Federal Alcohol Administration Act.\n\n178:8 Wine Manufacturer License.\n\nI. Wine manufacturer licensees may ferment fruit or other agricultural products naturally containing sugar to produce table wine containing at least 6 but not more than 15.5 percent alcohol by volume, and to produce from that wine fortified wine containing at least 15.5 but not more than 24 percent alcohol by volume.\n\nII. Each wine manufacturer shall have the right to sell and to transport and deliver wines manufactured by it directly to the holders of retail licenses issued by the commission.\n\nIII. Each wine manufacturer shall have the right to sell at retail or wholesale at its winery for off-premises consumption any of its wines. Visitors at said premises may be provided with reasonable samples of wine for tasting.\n\nIV. Each wine manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under this section and shall pay to the commission monthly a fee equal to 5 percent of such sales on or before the tenth day of the month following the sale.\n\nV. Each wine manufacturer shall have the right to transport wines manufactured by it to the state border for transportation and sale outside the state.\n\nVI. Each wine manufacturer shall have the right to hire sales representatives subject to RSA 179:11 as it desires, and shall have the right to solicit sales of its wines directly to retail licensees.\n\n178:9 Liquor and Wine Vendor License.\n\nI. A liquor and wine vendor licensee may sell liquor to the commission for resale in this state.\n\nII. Liquor and wine vendor licenses may be issued only to a manufacturer of liquor, or to the person designated by the manufacturer as the sole supplier of its products for the United States.\n\nIII. Liquor and wine vendors shall have a licensed representative conduct their business in this state.\n\n178:10 Liquor and Wine Representative License.\n\nI. A liquor and wine representative license shall authorize its holder to offer for sale or solicit orders for the sale of liquor in this state.\n\nII. Liquor and wine representative licenses shall be issued only to persons designated as authorized New Hampshire representatives by liquor and wine vendor licensees. Liquor and wine vendors shall not designate more than one representative for any brand.\n\nIII. The fee for a liquor and wine representative license shall be $50 for individuals who are employees of holders or holders of liquor and wine vendor licenses, and $500 for all others.\n\nIV. A liquor and wine representative who pays the $500 fee for the license may employ sales persons, who shall carry a copy of the representative's license and a letter of authorization from the representative when working in this state.\n\n178:11 Liquor/Wine/Beverage Warehouse License.\n\nI. A liquor/wine/beverage warehouse license shall only entitle the licensee to receive, warehouse, and ship, for a fee, any liquor, wine, or beverage or combination of liquor, wine, or beverage as defined by RSA 175:1 belonging to any retailer, vendor, wholesale distributor, or manufacturer, licensed in this state pursuant to title XIII. The commission may adopt rules pursuant to RSA 541-A to administer the provisions of this section.\n\nII. A liquor/wine/beverage warehouse licensee shall possess a suitable warehouse facility for product storage and maintain adequate business records readily available for inspection by the commission.\n\nIII. A liquor/wine/beverage warehouser shall not sell any liquor, wine, or beverage stored on the warehouser's premises.\n\nIV. All liquor, wine, or beverage shall be separated in such a manner that the commission may determine upon audit the ownership of such product.\n\nV. Liquor/wine/beverage warehousers shall submit a monthly report both to the liquor commission enforcement division and the warehouse and transportation division of the commission by the tenth day of the following month indicating the quantity, type, size and brands of all product received, stored, or shipped on their premises.\n\nV. All additional fees relating to transportation or shipping charges shall be borne by the liquor/wine/beverage warehouser, manufacturer, or liquor and wine vendor to cover shipment of bailment or other liquor or wine products to the commission's central warehouse for subsequent distribution.\n\n178:12 Beverage Manufacturer License.\n\nI. Beverage manufacturer licenses shall authorize the licensee to manufacture beverages within the state and to sell the beverages manufactured to wholesale distributors.\n\nII. The holder of a beverage manufacturer license may be issued one restricted or unrestricted on-premises license for the manufacturer's premises, providing all requirements of the license are fulfilled. The annual fee for each license issued under this section shall be as required under RSA 178:18.\n\nIII. The holder of a beverage manufacturer license may operate a hospitality room on the premises in which the licensee may make available to visitors of legal drinking age for on-premises consumption free of charge samples of beverages manufactured on the premises. The hospitality room shall require commission approval in respect to its location, service facilities, and seating arrangements.\n\nIV.(a) The holder of a beverage manufacturer license may sell beverages manufactured on its premises to:\n\n(1) The licensee's employees who are of legal drinking age at such discounts as are customary in the business;\n\n(2) The general public for off-premises consumption in quantities not to exceed a single 15.5 gallon keg or the equivalent of one case of 12 ounce containers per person per day; or\n\n(b) A holder of a beverage manufacturer license who manufactures 15,000 barrels or less during its licensing period may elect to distribute its beverages directly to retail licensees and/or to distribute its beverages pursuant to RSA 180, provided that total in-state direct retail sales do not exceed 5,000 barrels.\n\nV. Beverage manufacturers shall pay a fee as required by RSA 178:22 for each gallon of beverage sold or provided under paragraphs III and IV.\n\nVI. The holder of a beverage manufacturer license may sell beverages manufactured on its premises to New Hampshire wholesalers, subject to the conditions of RSA 180.\n\nVII. Beverage manufacturers may hire representatives to promote their products, who shall carry a copy of the beverage manufacturer's license and a letter authorizing them to conduct business for the manufacturer on their person at all times when conducting the beverage manufacturer's business.\n\nVIII. Each beverage manufacturer shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.\n\n178:13 Brew Pub License.\n\nI. A brew pub license shall authorize the licensee to manufacture beer in quantities not to exceed 2,500 barrels annually primarily for consumption on the licensed premises.\n\nII. A brew pub licensee may sell beer manufactured on the premises to individuals for on-premises and off-premises consumption and to New Hampshire licensed retailers and wholesalers, and may sell other beverages under the conditions of an unrestricted on-premises level I or II license, as applicable.\n\nIII. Each brew pub shall maintain records showing all transactions associated with the business and shall file reports with the commission on or before the tenth day of the following month, which shall indicate the sales made under paragraph II.\n\nIV. A brew pub licensee shall pay the same monthly fee as required by RSA 178:22 for each gallon of beverage manufactured less the quantities sold outside New Hampshire or to New Hampshire wholesalers. Fees shall be paid to the commission on or before the tenth day of the following month.\n\nV. The annual fee for a brew pub license shall be the same as required for an unrestricted level I or II on-premises license, as applicable.\n\nVI. Each brew pub licensee shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.\n\n178:14 Carrier Licenses.\n\nI. A carrier license shall authorize the licensee to transport and deliver beverage and liquor within this state and to pick up from the holder of a rectifier license or a beverage, liquor, or wine manufacturer license for delivery outside the state.\n\nII. A copy of the carrier license shall be carried in each vehicle used to transport beverage or liquor.\n\n178:15 Beverage Vendor.\n\nI. The holder of a beverage vendor license may sell beverages to New Hampshire wholesale distributor licensees.\n\nII. The holder of a beverage vendor 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\nIII. Representatives of beverage vendors shall carry a copy of the beverage vendor license and a letter authorizing them to conduct business for the vendor on their person at all times when conducting the beverage vendor's business.\n\nIV. Beverage vendors shall be exclusive New Hampshire agents for any manufacturer whose product is sold in this state by the vendor.\n\n178:16 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 license shall maintain a regular place of business in this state.\n\nII. 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\nIII. The holder of a wholesale distributor license may hold one on-premises license with respect to the premises designated in such wholesale distributor license.\n\nIV. Representatives of wholesale distributors shall carry a copy of the wholesaler distributor license on their persons at all times when conducting the wholesaler's business.\n\nV. 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 distributor license, unless he or she 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 a will, provided that such legatees are also heirs-at-law or spouse of the deceased.\n\n178:17 Retail Licenses.\n\nI. The commission may issue licenses for retail sales of beverages, specialty beer, table wine, fortified wine, and liquor as provided in this section. The commission shall adopt administrative rules, pursuant to RSA 541-A, establishing licensing procedures consistent with this section.\n\nII. Retail off-premises licenses may be issued to retail businesses and shall authorize the licensee to sell fortified wine, table wine, specialty beer, and beverages for consumption off the premises designated in the license. Such sales shall be made only in the original container in which the beverage, specialty beer, wine, or fortified wine was received by the licensee. The license shall authorize the licensee to transport alcoholic product ordered under the license to the licensed premises, and alcoholic product sold under the license in vehicles operated under the license.\n\nIII. Retail on-premises licenses shall authorize the licensee to sell the products specified in the license for consumption on the premises designated in the license. Such sales shall be by the glass, by other suitable container, or by the container in which the alcohol was received by the licensee, provided such container is opened by the licensee prior to service. The license shall authorize the licensee to transport alcoholic product ordered under the license to the licensed premises.\n\n(a) A level I license shall allow the service of beverages, specialty beer, table wine, and fortified wine to patrons in approved areas of the licensed premises.\n\n(b) A level II license shall allow service of beverages, specialty beer, and liquor to patrons in approved areas of the licensed premises.\n\n(c) Restricted on-premises licenses may be issued to food service businesses or to private clubs or caterers for service to private groups.\n\nIV.(a) The commission may issue a special license to an assignee, sheriff, or other person, including an administrator or executor, to sell liquor, specialty beer, or beverages which have come into the person's possession in his or her official capacity.\n\n(b) The commission may issue a special on-premises license to nonprofit groups registered with the secretary of state for on-premises sale of beverages, specialty beer, or liquor for charitable purposes.\n\n(c) The commission may issue a special auction license to nonprofit groups registered with the secretary of state for the auction of donated beverage or liquor for the benefit of the group.\n\n(d) The commission may issue a special on-premises promotional festival license to nonprofit organizations or to holders of manufacturer, wholesale distributor, vendor, or brew pub licenses. The holder of this license shall be allowed to organize, advertise, and hold an event not exceeding 3 days in length promoting the products of the licensee's industry.\n\n(e) The commission may issue a special on-premises license to members of the New Hampshire Fair Association for the on-premises sale of beverages and specialty beer. This license shall be valid only during the hours the fair is open to the public, but not to exceed the hours allowed for on-premises service.\n\n178:18 Fees, Expiration Dates, Transfers.\n\nI. The following license fees shall be submitted with license or renewal applications, and are not refundable unless the commission votes to deny issuance or renewal of the license.\n\nLicense Type Annual Fee\n\nRetail Licenses:\n\nOff-premises $ 300\n\nOn-premises\n\nRestricted $ 600\n\nLevel I $3,000\n\nLevel II $6,000\n\nBrew pub level I $3,000\n\nBrew pub level II $6,000\n\nSpecial on-premises $ 100 per day\n\nSpecial auction $ 25 per day\n\nManufacturing and First Tier Licenses:\n\nBeverage manufacturer $ 500\n\nWine manufacturer $ 100\n\nLiquor manufacturer $ 100\n\nRectifier $1,000\n\nLiquor and wine vendor $ 500\n\nBeverage vendor $ 500\n\nOther Licenses:\n\nLiquor and wine representative $50/$500\n\nCarrier $ 200\n\nWholesale distributor $2,000\n\nWarehouse $ 500\n\nII. All licenses except special limited duration licenses shall expire on the last day of a month. Licenses shall be effective for 12 months, counting the month in which the license becomes effective as the first month.\n\nIII. Licenses shall not be transferred.\n\n178:19 Seasonal and Multiple Year License.\n\nI. The commission may issue seasonal retail licenses to persons who are otherwise eligible for retail licenses under RSA 178:17. Seasonal licenses shall be issued under the same terms and conditions as annual licenses, but shall be effective for 6 months.\n\nII. No seasonal license shall be renewed unless 30 days have elapsed since the expiration of the previous seasonal license.\n\nIII. The fee for a seasonal license shall be 1/2 the applicable annual fee for the equivalent on-premises or off-premises license.\n\nIV. The commission may issue licenses valid for 2 or 3 years under the same terms and conditions as annual licenses.\n\nV. The fee for a multiple year license shall be 2 or 3 times the annual fee for that license, as applicable.\n\n178:20 Authorization for Other Areas. The commission may grant to on-premises licensees operating from permanent, immovable premises 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 or to an outside caf\u00e9-style area where licensed by ordinance and with written approval of local officials.\n\n178:21 Transfer of Location. A holder of an on-premises license restricted to the service of private groups 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\n178:22 Additional Fees.\n\nI. In addition to the annual license fees provided in this chapter, a fee of $.30 for each gallon of beverage sold or transferred for retail sale or to the public shall be required for licenses issued to wholesale distributors, beverage manufacturers, and brew pubs; provided, however, that if beverage container mandatory deposit legislation is enacted, such fee shall be $.18 per gallon as of the effective date of such legislation. For failure to pay any part of the fees provided or under this section when due, 10 percent of such fees shall be added and collected by the commission from the licensee.\n\nII. A sum of money from all sources of funds available to the department of transportation 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\n178:23 Payment of License Fees. Each wholesale distributor, beverage manufacturer, or brew pub shall on or before the tenth day of each month pay the license fees as provided by RSA 178:22 covering sales or transfers made during the preceding calendar month.\n\n178:24 Direct Shippers.\n\nI.(a) Notwithstanding any other provision of law to the contrary, any person currently licensed in its state of domicile as a beverage manufacturer, importer, wholesaler, or retailer shall apply for a direct shipper permit from the commission.\n\n(b) Applicants for a direct shipper permit shall be exempt from the provision of RSA 178:1, I requiring registration with the secretary of state, if the applicant is duly organized and registered to do business under the laws of the state in which the applicant is domiciled.\n\nII. A direct shipper may ship directly to New Hampshire consumers over 21 years of age or licensees in packages clearly marked \"Alcoholic Beverages, adult signature (over 21 years of age) required.\" All shipments from direct shippers into the state shall be made by a licensed carrier and such carriers are required to obtain an adult signature. Direct shippers or carriers shall not ship into areas of the state where alcohol beverages may not be lawfully sold. Liquor and wine that has been registered for sale to the commission with the commission during the previous 2 months may be direct shipped only if the shipper offers to sell a matching amount to the commission at wholesale. Shipments of any other products shall be considered unlicensed shipments under the provisions of RSA 178:1, I.\n\nIII. No direct shipper shall ship more than 60 individual containers of not more than one liter each of liquor and wine to any one licensee in New Hampshire or to any consumer or consumer's address in New Hampshire in any calendar year. Furthermore, in the event any manufacturer or wholesaler direct shipper wishes to ship more than a total of 1,200 individual containers of not more than one liter each of any particular liquor or wine directly to any combination of licensees and/or consumers in New Hampshire, the shipper shall offer to sell a matching amount to the commission or beer distributor at wholesale prices.\n\nIV. No direct shipper shall ship more than 27 gallons of beer or beverage in individual containers of not more than one liter to any consumer's address in New Hampshire in any calendar year. No direct shipper shall ship beer or beverage to a New Hampshire licensee.\n\nV. Direct shippers shall file invoices for each shipment with the liquor commission showing the retail price of the product, and shall pay a fee of 8 percent of the retail price for shipments of liquor, wine, beer, or beverage to the commission. Such filings shall be monthly, and arrive at the commission no later than the tenth of the month following shipment. Direct shippers shall maintain records for at least 3 years which will permit the commission to ascertain the truthfulness of the information filed and permit the commission to perform an audit of the direct shippers' filings upon reasonable request. Wholesale shipments of any liquor or wine shall be permitted only in accordance with RSA 175:6.\n\nVI. The liquor commission shall adopt rules, pursuant to RSA 541-A, relative to:\n\n(a) The application procedures and form for the direct shipper permit authorized under paragraph I.\n\n(b) The signature form or other identification procedures to be used by direct shippers to ensure that consumers to which liquor and beverage are being shipped are over 21 years of age.\n\n(c) Filings of direct shippers under paragraph V.\n\nVII. Notwithstanding the provisions of RSA 179:58, any person holding a direct shippers permit under this section who ships liquor, wine, or beer to a person under 21 years of age, shall be guilty of a class B felony and shall have such permit permanently revoked.\n\nVIII. Upon notification by authorities in another state which imposes a reciprocal enforcement policy, a New Hampshire licensee proved to be making illegal direct shipments to consumers and licensees in said state shall be subject to action by the liquor commission. Such actions may include fines and suspension and revocation of New Hampshire liquor licenses.\n\n178:25 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-premises licensees, the commission may allow discounts at percentages to be determined by the commission from the regular retail price on case lot orders F.O.B. the warehouse or commission direct delivery system. No discount determined by the commissioner under this paragraph shall be less than 10 percent.\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-premises licensees on a credit basis, the terms of which shall provide for payment of accounts within a time period not to exceed 30 days and not less than 15 days to be determined by the commission.\n\nIII. The commission may adopt procedures by which on-premises licensees may purchase liquor for resale by credit card from state liquor stores, the warehouse, or the commission direct delivery system.\n\nIV. A schedule of hours and procedures by which holders of off-premises retail licenses may purchase fortified wines and table wines by the bottle at state retail liquor stores.\n\nV. A schedule of hours and procedures by which fortified wines and table wines may be purchased at the discount price for resale by holders of off-premises retail licenses at percentages of discount to be determined by the commission. Such discounts shall be no less than 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\nVI. A schedule of hours and procedures by which fortified wines and table wines may be purchased for resale by holders of off-premises retail licenses on a credit basis, the terms of which shall provide for payment of accounts within a time period not to exceed 30 days and not less than 15 days to be determined by the commission.\n\n13 Holders of Licenses; References Changed. Amend RSA 179:11 to read as follows:\n\n179:11 Holders of Beverage Manufacturer, [ Beverage Vendor Importer,] Wholesale Distributor, Beverage Vendor, [ Beverage Representative,] and Other Licenses; Prohibited Interests.\n\nI. No holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or 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] retail licensee or to the owner of the premises on which the business of any [ on-sale or off-sale] retail licensee is to be conducted any money, equipment, furniture, fixtures, or property with which the business of any [ on-sale or off-sale] retail licensee is to be conducted, nor shall any [ on-sale or off-sale] retail licensee purchase, cause to be purchased, rent, borrow, solicit, or accept from any holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or 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] retail licensee is to be conducted, nor shall any holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or 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] retail licensee, except as may be designated by the commission.\n\nII. There shall be no restriction on the number of [ off-sale] off-premises licenses held by any person. No holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or 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] retail licensee, or the licensee's agent or employees, or to any group, association, or organization thereof, including, but not limited to, payment for the placement, display, or sale of any beverage. Nothing in this section shall prohibit any licensee from being a member of a club holding a permit or license under this 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] retail licensee. Nothing in this section shall prohibit a holder of a beverage manufacturer license, brew pub license, wholesale distributor license, or beverage vendor license[, beverage vendor importer license or beverage representative license] from bringing such holder's own product from the storeroom of [ an on-sale or off-sale] a retail licensee to a warm shelf, display, refrigerated retail space, or refrigerated storage. Nothing in this section shall prohibit the holder of a beverage manufacturers license, wholesale distributors license, brew pub license, or beverage vendors license[, beverage vendor importers license, or beverage representative license] from rotating, reorganizing, cleaning, and resetting such holder's own product once the product is on [ an on-sale or off-sale] a retail licensee's warm shelf, or in [ an on-sale or off-sale] a retail licensee's refrigerated retail space, or refrigerated storage.\n\nIII. No holder of [ an on-sale or off-sale] a retail 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] on-premises license may employ the holder of an [ off-sale] off-premises license in an entertainment capacity.\n\nIV. Except as provided in paragraphs IV-a and IV-b, no holder of a beverage manufacturer license, brew pub license, or beverage vendor license [ or beverage vendor importer license] and no member of a limited liability company, officer, director, employee, or agent of a beverage manufacturer licensee, brew pub licensee, or beverage vendor [ or beverage vendor importer] licensee shall have an interest, either direct or indirect, in the business of the holder of a wholesale distributor [ on-sale or off-sale] on-premises or off-premises license.\n\nIV-a. Notwithstanding RSA 179:11, IV or any other provision of this chapter, a beverage manufacturer[,] or beverage vendor[, or beverage vendor importer] may participate in a limited partnership as defined in RSA 304-B with a wholesale distributor in which the beverage manufacturer[,] or beverage vendor[, or beverage vendor importer] is a limited partner and the wholesale distributor is a general partner. The duration of any such limited partnership arrangement shall not exceed 10 years.\n\nIV-b. This section shall not prohibit a beverage manufacturer[,] or beverage vendor[, or beverage vendor importer] from extending financing to a wholesale distributor. In the event of a default by the wholesale distributor, the beverage manufacturer[,] or beverage vendor[, or beverage vendor importer] shall not control or operate the wholesale distributor for more than 180 days.\n\nIV-c. Any financial agreement allowed under paragraph IV-a or IV-b shall be submitted to the commission for approval and shall comply with all applicable statutes and administrative rules of the commission.\n\nIV-d. No holder of a beverage manufacturer license[,] or beverage vendor license,[ or beverage vendor importer license] who enters into a limited partnership or lender/debtor relationship with a wholesale distributor shall have any managerial control over the day-to-day operations of such wholesale distributorship.\n\nV. Except as provided under RSA [ 178:10] 178:12, II or RSA [ 178:13, IV] 178:16, III, no holder of a wholesale distributor license and no officer, director, stockholder, member of a limited liability company, 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] on-premises license. Nothing in this paragraph shall be construed to apply to normal credit relations between licensees.\n\nVI. The provisions of this section shall also apply to liquor and wine manufacturers, liquor and wine vendors, and liquor and wine representatives[, and liquor and wine salespersons].\n\n14 Limited Credits; References Changed. Amend RSA 179:13, I-III to read as follows:\n\nI. Each holder of a wholesale distributor, brew pub, or beverage manufacturer license shall report to the commission the name and license number of any [ on-sale or off-sale] retail licensee who is delinquent in making payment of accounts over a total of $100 within 10 days, including Sundays and holidays, from the date of delivery of beverages on the premises of such [ on-sale or off-sale] retail licensee or on the premises of a liquor/wine/beverage warehouser storing the beverages for [ an on-sale or off-sale] a retail licensee. Each holder of a wholesale distributor license, brew pub license, beverage manufacturer license, or 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, brew pub 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 nonpayment 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 actually received at the place of business of the holder of the beverage manufacturer license, beverage vendor license, brew pub 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] an 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 manufacturer licenses, beverage vendor licenses, brew pub licenses, [ beverage vendor importer licenses,] and wholesale distributor licenses of the names of licensees who are delinquent in making payments of a total amount of $100 or more under the provisions of this section and no holder of a beverage manufacturer license, beverage vendor license, [ beverage vendor importer license,] brew pub license, or 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\n15 Reports; References Changed. Amend RSA 179:14 to read as follows:\n\n179:14 Reports. Each beverage manufacturer licensee, beverage vendor licensee, [ beverage vendor importer licensee,] brew pub 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-sale] off-premises license during the preceding calendar month, within the state.\n\n16 Transportation of Beverages and Wine; Reference Changed. Amend RSA 179:15 to read as follows:\n\n179:15 Transportation of Beverages and Wine. A person may transport or deliver beverages and wines in this state without a license, provided such beverages and wines were obtained as authorized by this title and provided such beverages and wines are for consumption only and not for resale purposes. Licensees may transport and deliver to their place of business beverages and wines purchased as authorized under this title, and, except [ on-sale] on-premises licensees, may transport and deliver anywhere in the state such beverages and 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 such beverages and 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 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 transportation. Except as otherwise provided, beverages and 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 wine products to a location central for the parties involved.\n\n17 Hours of Sales; References Changed. Amend RSA 179:17, II(a)-(b) to read as follows:\n\n(a) [ Off-sale] Off-premises licensees may sell from 6:00 a.m. to 11:45 p.m., 7 days a week.\n\n(b) [ On-sale] On-premises licensees may sell from 6:00 a.m. to 1:00 a.m., 7 days a week.\n\n18 Hours of Sales; References Changed. Amend RSA 179:17, IV-V to read as follows:\n\nIV. All beverages and liquor served on the premises of [ on-sale] on-premises licensees shall be consumed no later than 30 minutes after expiration of the serving hour. No beverages shall be moved from any [ off-sale] off-premises 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] on-premises licensees.\n\n19 Entertainment and Entertainers; References Changed. Amend RSA 179:19, II to read as follows:\n\nII. [ On-sale] On-premises licensees may provide entertainment and dancing, in clearly defined areas on their licensed premises, provided they have received written authorization by the town or city and they have provided the commission with a copy of that authorization. A cover charge may be assessed to cover the cost of live entertainment. Notwithstanding any other provision of law, [ paragraphs] paragraph III [ and IV] shall not be construed to permit a person under the age of majority to perform, paid or unpaid, as a dancer in any licensed premise.\n\n20 Entertainment and Entertainers; References Changed. Amend RSA 179:19, V to read as follows:\n\nV. [ On-sale or off-sale] Retail licensees may install amusement machines on their premises. Nothing in this paragraph shall be construed in any way to limit the powers of municipalities under RSA 31:41-d to adopt bylaws relative to licensing amusement machines and to determining the number, location, and types of machines allowed in the municipality.\n\n21 Employee Restrictions; References Changed. Amend RSA 179:20, II to read as follows:\n\nII. No [ on-sale or off-sale] retail licensee shall consume beverage or liquor while working. No employee, with or without compensation, shall consume beverage or liquor while working.\n\n22 Employment of Minors; References Changed. Amend RSA 179:23, I-III to read as follows:\n\nI. No licensee shall employ any minor, with or without compensation, to serve or otherwise handle liquor or beverages, except that [ off-sale] off-premises 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. An [ on-sale] on-premises licensee may employ any person not less than 18 years of age to serve or otherwise handle liquor and beverages while employed as a waiter, waitress, bartender, or hostess in a licensed premises. Minors not less than 15 years of age may be employed in dining areas and minors not less than 16 years of age may be employed in lounge areas to clean tables, remove empty containers and glasses, and assist in stocking. A person at least 18 years of 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] on-premises or off-premises 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\n23 Compliance With Other Agencies; References Changed. Amend RSA 179:26 to read as follows:\n\n179:26 Compliance With Other Agencies.\n\nI. All [ on-sale] on-premises 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] on-premises 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\n24 Restrictions on Serving and Congregating of Patrons; Reference Changed. Amend RSA 179:27, I to read as follows:\n\nI. Liquor and beverages may be served to patrons in [ on-sale] on-premises establishments while seated at tables or booths, at the bar, seated at drink rails, or while standing at the bar or drink rails.\n\n25 Removal of Opened Table Wine Bottle; Reference Changed. Amend RSA 179:27-a, I to read as follows:\n\nI. Notwithstanding any other provision of law, any [ on-sale licensee, which maintains a license for a restaurant, as defined by RSA 175:1, XXXIII or LIX, where full course meals are regularly served in conjunction with such] food service business holding a restricted on-premises license[,] may allow any person who has purchased a full course meal and purchased and partially consumed a bottle of table wine with said meal, to remove such partially consumed bottle from the premises upon departure, provided that the person is not in a state of intoxication as defined in RSA 507-F:1, IV and such bottle of table wine is removed and transported in a manner consistent with paragraph II.\n\n26 Advertising Restrictions; Samples; Reference Changed. Amend RSA 179:31, II(g) to read as follows:\n\n(g) All beverage furnished as samples shall be considered sales for the requirements of RSA [ 178:28, I and RSA 178:30, I] 178:22.\n\n27 Advertising Restrictions; References Changed. Amend RSA 179:31, XI-XII to read as follows:\n\nXI. No 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, and an [ on-sale] on-premises licensee may advertise or promote the holding of a \"champagne brunch\" or similar package.\n\nXII. No holder of a beverage manufacturer license, wholesale distributor license, [ beverage representative license,] or 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, educational, patriotic, social, or civic group. No [ on-sale] on-premises licensee or [ off-sale] off-premises licensee, any group thereof, or any holder of a beverage manufacturer license, wholesale distributor license, [ beverage representative license,] or vendor license [ or vendor importer license], through any control, ownership, interlocking ownership, interlocking directors, or otherwise shall advertise or cause any manner or form of advertising to be inserted in such publications.\n\n28 Purchase of Supplies. Amend RSA 179:32 to read as follows:\n\n179:32 Purchase of Supplies.\n\nI. All licensees shall purchase their supplies of liquor and wine from the commission or as provided by law.\n\nII. All retail licensees shall purchase their supplies of beverages from licensed wholesale distributors, manufacturers, brew pubs, or as otherwise specifically provided by law.\n\n29 Beer Containers; References Deleted. Amend RSA 179:33, I-II to read as follows:\n\nI. Holders of beverage vendor or [ beverage vendor importer or] beverage manufacturer licenses shall use bottles or cans, and cases or containers 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\n30 Sizes of Wine Containers; Reference Deleted. Amend RSA 179:34 to read as follows:\n\n179:34 Sizes of Wine Containers. A holder 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\n31 Sale on Credit; Reference Changed. Amend RSA 179:43, II to read as follows:\n\nII. Notwithstanding the provisions of paragraph I, [ on-sale and off-sale] retail licensees may extend credit through the medium of credit cards or to commercial accounts, for which payment is received within 30 days of the date of the transaction.\n\n32 Free Drinks; References Changed. Amend RSA 179:44, II to read as follows:\n\nII. Notwithstanding the above, beverage manufacturers, beverage vendors, [ beverage vendor importers,] brew pubs, wholesale distributors and their [ beverage representatives or] liquor or wine vendors, their liquor and wine representatives, domestic wine manufacturers, and [ on-sale and off-sale] retail licensees may conduct beverage, liquor, or wine tasting, as applicable, on licensed premises. Liquor, beverage, or wine tasting shall be conducted only during such hours as are authorized by the commission for the sale of the product on the premises.\n\n33 Free Drinks; Reference Changed. Amend RSA 179:44, V to read as follows:\n\nV. All samples furnished for tasting shall be considered sales for the requirements of RSA [ 178:28, I and RSA 178:30, I] 178:22.\n\n34 Off-Premises Special License Restriction. Amend the section heading of RSA 179:47 to read as follows:\n\n179:47 [ Off-Sale] Off-Premises Special License Restriction.\n\n35 Leasing or Renting Concessions or Part of Business; Reference Changed. Amend RSA 179:48, II to read as follows:\n\nII. No persons shall be employed by any [ on-sale or off-sale] on-premises or off-premises licensee to serve or sell beverages or liquor whose compensation is based on a percentage of the sale price of such liquor or beverage.\n\n36 Premises Restrictions; References Changed. Amend RSA 179:51-54 to read as follows:\n\n179:51 Lighting and Conduct Requirements for On-Sale Licensees. Holders of [ on-sale] on-premises 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] retail license shall be posted in a conspicuous place on the premises named in the license.\n\n179:53 Alteration of Premises.\n\nI. [ An on-sale or off-sale] A retail licensee shall notify the commission of any alteration to the licensed premises.\n\nII. No licensee shall alter the premises so as to provide for both on-sale and off-sale on the same premises[, except as provided in RSA 178:17, I].\n\nIII. 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] on-premises licensees' premises, except in [ the part of premises of licensees operating as a full service restaurant] food service businesses holding restricted on-premises licenses, shall have their taps in view of the public.\n\nII. [ On-sale] On-premises licensees shall display on dispensers of draught beer a knob or sign, illuminated or otherwise, clearly visible to patrons describing the brand or beverage dispensed from such outlets.\n\n37 Beverage Distributor Agreements; Definitions. Amend RSA 180:1 to read as follows:\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, brew pub, or 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 accomplishment 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 manufacturer, 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 brew pub, beverage manufacturer, 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, brew pub, 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 brew pub, beverage manufacturer, or beverage vendor[, or beverage vendor importer] for the brand or label of a beverage manufacturer or brew pub, or an area designated in a filing with the state liquor commission for self-distribution by a brew pub or beverage manufacturer.\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 manufacturer's, 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 business of the person is conducted under the terms of an agreement with a beverage manufacturer, brew pub, or beverage vendor[, or beverage vendor importer].\n\n38 Acts Prohibited; Reference Deleted. Amend the introductory paragraph of RSA 180:2 to read as follows:\n\nNo beverage manufacturer license holder, brew pub, or beverage vendor [ or beverage vendor importer] shall:\n\n39 Acts Prohibited; References Changed. Amend RSA 180:2, II-III to read as follows:\n\nII. Require a wholesale distributor to assent to any condition, stipulation, or provision limiting the wholesale distributor's right to sell the product of any other beverage manufacturer, brew pub, or beverage vendor[, or beverage vendor importer] anywhere in the state, provided that the acquisition of the product of another beverage manufacturer, brew pub, or beverage vendor[, or beverage vendor importer] in the reasonable judgment of the beverage manufacturer, brew pub, or 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, brew pub, or 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, or file with the commission for self-distribution in the designated territory. No wholesale distributor, brew pub, or beverage manufacturer shall make any sale or delivery of a beverage to any [ on-sale or off-sale] retail licensee whose place of business is not within the territory designated.\n\n40 Acts Prohibited; References Deleted. Amend RSA 180:2, VII-IX to read as follows:\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, brew pub, or 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, brew pub, or 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, brew pubs, or beverage vendors [ or beverage vendor importers] and wholesale distributors for any lawful purpose shall remain unrestricted and uninhibited.\n\n41 Cancellation; References Deleted. Amend the introductory paragraph of RSA 180:3 to read as follows:\n\nNotwithstanding the terms, provisions, or conditions of any agreement, no beverage manufacturer, brew pub, or beverage vendor[, or beverage 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, brew pub, or beverage vendor[, or beverage vendor importer] shall not constitute good cause, but prima facie evidence of good cause may include:\n\n42 Cancellation; Reference Deleted. Amend RSA 180:3, IV to read as follows:\n\nIV. Failure by the wholesale distributor to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement imposed upon the wholesale distributor by the beverage manufacturer, brew pub, or beverage vendor[, or beverage vendor importer].\n\n43 Notice of Intent to Terminate; References Deleted. Amend the introductory paragraph RSA 180:4 to read as follows:\n\nPrior to any termination procedure initiated by the beverage manufacturer, brew pub, or beverage vendor [ or beverage vendor importer], a wholesale distributor shall be informed in writing of any claimed deficiency existing in [ his] the sales territory and shall be given reasonable time to make requested corrections. After this reasonable time has elapsed, a beverage manufacturer, brew pub, or beverage vendor[, 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 intended 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\n44 Notice of Intent to Terminate; References Deleted. Amend RSA 180:4, V-VI to read as follows:\n\nV. Willful breach of any material provision of a written agreement between a beverage manufacturer, brew pub, or 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, any change in the beneficial ownership or control of any entity other than a parent corporation owning or controlling voting stock of the wholesale distributor, or any attempted or actual transfer or assignment of the beneficial interest of membership in a limited liability company, when the wholesale distributor has failed to give reasonable prior written notice to the beverage manufacturer, brew pub, or beverage vendor [ or beverage vendor importer] of the proposed transfer.\n\n45 Compensation; References Deleted. Amend RSA 180:5 to read as follows:\n\n180:5 Compensation.\n\nI. Any beverage manufacturer, brew pub, or 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, brew pub, or 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, brew pub, or beverage vendor [ or beverage vendor importer]. In all other regards, arbitration proceedings shall be governed by RSA 542.\n\n46 Beverage Distributor Agreements; References Deleted. Amend RSA 180:8-11 to read as follows:\n\n180:8 Sale of Beverage Manufacturer, Brew Pub, or Beverage Vendor[, or Beverage Vendor Importer]. The purchaser of a beverage manufacturer, brew pub, or 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, brew pub, or 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, brew pub, or beverage manufacturer to sell any brand of beverage in this state except in the territory described in a distribution agreement authorizing sale of that brand or label within a designated area, and within that designated area the wholesale distributor, brew pub, or beverage manufacturer shall service all dealer and retailer licensees without discrimination. The distribution agreement shall be in writing and shall specify the brand or label it covers. When a beverage manufacturer[,] or beverage vendor[, or beverage vendor importer] sells several brands, the agreement need not apply to all brands sold by the beverage manufacturer[,] or beverage vendor[, or beverage vendor importer] and may apply only to one brand. No beverage manufacturer, brew pub, beverage vendor, [ beverage vendor 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 the beverage manufacturer, brew pub, or 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 the beverage manufacturer, beverage vendor, or brew pub, [ or beverage vendor importer,] as applicable, and the wholesale distributor, and shall be filed pursuant to RSA 180:10, and the commission shall require each party to verify that the level of service within the designated territory shall not be affected by such change.\n\n47 Sunday Dancing Permitted; References Changed. 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 2 p.m. on Sundays in hotels, [ and] restaurants [ licensed under RSA 178:19, II(a) and (b)], and [ in] ballrooms licensed under RSA [ 178:20, V(c)] 178:17, III, provided that such dancing shall have the approval of the state liquor commission.\n\n48 Repeal. The following are repealed:\n\nI. RSA 175:1, II, relative to airports.\n\nII. RSA 175:1, IV, relative to alpine slides.\n\nIII. RSA 175:1, V, relative to ballrooms.\n\nIV. RSA 175:1, VI, relative to bed and breakfasts.\n\nV. RSA 175:1, IX, relative to beverage representatives.\n\nVI. RSA 175:1, XI, relative to beverage vendor importers.\n\nVII. RSA 175:1, XI-b, relative to billiards/pool halls.\n\nVIII. RSA 175:1, XII, relative to bowling facilities.\n\nIX. RSA 175:1, XV, relative to caterers-off site.\n\nX. RSA 175:1, XVI, relative to catering facilities-on site.\n\nXI. RSA 175:1, XVIII, relative to clubs-college or university.\n\nXII. RSA 175:1, XIX, relative to club members.\n\nXIII. RSA 175:1, XX, relative to clubs-military.\n\nXIV. RSA 175:1, XXI, relative to clubs-social.\n\nXV. RSA 175:1, XXVI, relative to convention centers.\n\nXVI. RSA 175:1, XXVIII, relative to designees.\n\nXVII. RSA 175:1, XXIX, relative to dining cars.\n\nXVIII. RSA 175:1, XXXI, relative to drug stores.\n\nXIX. RSA 175:1, XXXII, relative to full course meals.\n\nXX. RSA 175:1, XXXIV, relative to function rooms.\n\nXXI. RSA 175:1, XXXV, relative to golf facilities.\n\nXXII. RSA 175:1, XXXVI, relative to grocery or convenience stores.\n\nXXIII. RSA 175:1, XXXVII, relative to hotels.\n\nXXIV. RSA 175:1, XLIII, relative to liquor and wine import warehouser.\n\nXXV. RSA 175:1, XLV, relative to liquor and wine salespersons.\n\nXXVI. RSA 175:1, LII, relative to performing arts facilities.\n\nXXVII. RSA 175:1, LVI, relative to racetracks.\n\nXXVIII. RSA 175:1, LVII, relative to racquet sport facilities.\n\nXXIX. RSA 175:1, LVIII, relative to rail cars.\n\nXXX. RSA 175:1, LIX, relative to restaurants.\n\nXXXI. RSA 175:1, LX, relative to retail outlets.\n\nXXXII. RSA 175:1, LXIII, relative to service bars-portable.\n\nXXXIII. RSA 175:1, LXIV, relative to ski facilities-cross country.\n\nXXXIV. RSA 175:1, LXV, relative to ski facilities-downhill.\n\nXXXV. RSA 175:1, LXV-a, relative to sports/entertainment complexes.\n\nXXXVI. RSA 175:1, LXXI, relative to wine vendors.\n\nXXXVII. RSA 179:19, IV, relative to entertainers under 15 years of age.\n\nXXXVIII. RSA 179:46, relative to sales of holders of wine vendor licenses.\n\n49 Effective Date. This act shall take effect July 1, 2001.\n\nLBAO\n\n01-0437\n\nRevised 2/16/01\n\nHB 710 FISCAL NOTE\n\nAN ACT relative to liquor licenses and fees.\n\nMETHODOLOGY:\n\nThe Commission stated they are unable to determine which new license classification each licensee will choose under this proposal, therefor, they are unable to determine any increase in revenue overall. The Commission states they are comfortable stating that there will be no decrease in the amount of license revenue raised currently. All increases in revenue will be realized during the first year, since the Commission currently issues one-year licenses. Should the frequency of licensing change, there may be an impact to when and how much revenue is received on an annual basis.", "in_text": [], "chars": 85920}, "nver": 0, "namd": 0, "rsa": {"RSA 178": "/laws/178", "RSA 78-A:3": "/laws/78-a#s3", "RSA 175:1": "/laws/175#s1", "RSA 178:20": "/laws/178#s20", "RSA 175:4": "/laws/175#s4", "RSA 175:6": "/laws/175#s6", "RSA 178:17": "/laws/178#s17", "RSA 541-A": "/laws/541-a", "RSA 178:5": "/laws/178#s5", "RSA 176:11": "/laws/176#s11", "RSA 177:6": "/laws/177#s6", "RSA 178:6": "/laws/178#s6", "RSA 178:14-a": "/laws/178", "RSA 178:24": "/laws/178#s24", "RSA 541-A:29": "/laws/541-a#s29", "RSA 178:3": "/laws/178#s3", "RSA 179:11": "/laws/179#s11", "RSA 178:18": "/laws/178#s18", "RSA 180": "/laws/180", "RSA 178:22": "/laws/178#s22", "RSA 178:1": "/laws/178#s1", "RSA 179:58": "/laws/179#s58", "RSA 304-B": "/laws/304-b", "RSA 179:13": "/laws/179#s13", "RSA 179:14": "/laws/179#s14", "RSA 179:15": "/laws/179#s15", "RSA 179:17": "/laws/179#s17", "RSA 179:19": "/laws/179#s19", "RSA 31:41-d": "/laws/31#s41-d", "RSA 179:20": "/laws/179#s20", "RSA 179:23": "/laws/179#s23", "RSA 179:26": "/laws/179#s26", "RSA 179:27": "/laws/179#s27", "RSA 179:27-a": "/laws/179#s27-a", "RSA 507-F:1": "/laws/507-f#s1", "RSA 179:31": "/laws/179#s31", "RSA 178:30": "/laws/178#s30", "RSA 179:32": "/laws/179#s32", "RSA 179:33": "/laws/179#s33", "RSA 179:34": "/laws/179#s34", "RSA 179:43": "/laws/179#s43", "RSA 179:44": "/laws/179#s44", "RSA 179:47": "/laws/179#s47", "RSA 179:48": "/laws/179#s48", "RSA 179:51-54": "/laws/179", "RSA 180:1": "/laws/180#s1", "RSA 180:2": "/laws/180#s2", "RSA 180:3": "/laws/180#s3", "RSA 180:4": "/laws/180#s4", "RSA 180:5": "/laws/180#s5", "RSA 542:4": "/laws/542#s4", "RSA 542": "/laws/542", "RSA 180:8-11": "/laws/180", "RSA 180:10": "/laws/180#s10", "RSA 332-D:6": "/laws/332-d", "RSA 332-D:4": "/laws/332-d", "RSA 178:19": "/laws/178#s19", "RSA 179:46": "/laws/179#s46"}, "amends": {"RSA 78-A:3": "/laws/78-a#s3", "RSA 175:1": "/laws/175#s1", "RSA 175:4": "/laws/175#s4", "RSA 175:6": "/laws/175#s6", "RSA 176:11": "/laws/176#s11", "RSA 177:6": "/laws/177#s6", "RSA 179:11": "/laws/179#s11", "RSA 179:13": "/laws/179#s13", "RSA 179:14": "/laws/179#s14", "RSA 179:15": "/laws/179#s15", "RSA 179:17": "/laws/179#s17", "RSA 179:19": "/laws/179#s19", "RSA 179:20": "/laws/179#s20", "RSA 179:23": "/laws/179#s23", "RSA 179:26": "/laws/179#s26", "RSA 179:27": "/laws/179#s27", "RSA 179:27-a": "/laws/179#s27-a", "RSA 179:31": "/laws/179#s31", "RSA 179:32": "/laws/179#s32", "RSA 179:33": "/laws/179#s33", "RSA 179:34": "/laws/179#s34", "RSA 179:43": "/laws/179#s43", "RSA 179:44": "/laws/179#s44", "RSA 179:47": "/laws/179#s47", "RSA 179:48": "/laws/179#s48", "RSA 179:51-54": "/laws/179", "RSA 180:1": "/laws/180#s1", "RSA 180:2": "/laws/180#s2", "RSA 180:3": "/laws/180#s3", "RSA 180:4": "/laws/180#s4", "RSA 180:5": "/laws/180#s5", "RSA 180:8-11": "/laws/180", "RSA 332-D:6": "/laws/332-d", "RSA 178": "/laws/178"}, "related": [{"g": 1, "o": "2003-2004/HB646", "n": "HB 646-FN", "t": "relative to liquor licenses and fees.", "y": 2003, "c": "Became Law", "s": "Its text was filed again as part of {b}, a longer bill."}]}