TITLE XIII
ALCOHOLIC BEVERAGES

CHAPTER 179
ENFORCEMENT, REQUIREMENTS AND PENALTIES

Sales Restrictions

Section 179:44

    179:44 Free Drinks. –
I. No licensee shall give away free drinks to customers, patrons, members, or guests, in any manner.
II. Notwithstanding paragraph I, beverage manufacturers, liquor manufacturers, rectifiers, beverage vendors, brew pubs, wholesale distributors and their liquor or wine vendors, their liquor and wine representatives, domestic wine manufacturers, and on-premises and off-premises licensees may conduct beverage, liquor, or wine tasting, as applicable, on licensed premises. Liquor, beverage, or wine tasting shall be conducted only during such hours as are authorized by the commission for the sale of the product on the premises.
II-a. Notwithstanding paragraph I, wine manufacturers, beverage manufacturers, nano breweries, liquor manufacturers, and brew pubs may provide samples for tasting to persons of legal drinking age at a farmers' market provided they have received written authorization by the town or city's governing body, which authorization shall remain effective until revoked in writing, and they have provided the commission with a copy of that authorization. Provision of samples shall be restricted to clearly defined areas approved by the commission. Samples shall be limited to one 4-ounce sample per label per person for any beer, specialty beer, or cider, and one 2-ounce sample per label per person for any wine and 1/2-ounce sample per label per person for any liquor.
III. Liquor, beverage, or wine samples shall be consumed on the premises, and, except for wine samples provided by wine manufacturers and liquor samples provided by liquor manufacturers in accordance with RSA 178:6, IX and rectifiers in accordance with RSA 178:7, V, liquor or wine for this purpose shall be purchased from the commission under conditions prescribed by this title. Beverage samples for a tasting shall only be obtained as prescribed by this title.
IV. The commission may adopt rules, pursuant to RSA 541-A, establishing the criteria and procedures for liquor, beverage, and wine tasting within the state.
V. All samples furnished for tasting shall be considered sales for the requirements of RSA 178:26, RSA 178:6, VI, and RSA 178:7, VI.

Source. 1990, 255:1. 1995, 122:1. 1996, 44:1; 275:31, 36. 2003, 231:33, 34. 2011, 165:4, eff. Aug. 13, 2011. 2014, 306:6, eff. Aug. 1, 2014. 2016, 179:1, eff. Aug. 2, 2016. 2021, 173:1, eff. Sept. 28, 2021.