STATE LIQUOR COMMISSION

Storrs Street

Concord, New Hampshire  03301

 

CHAPTER Liq 100  ORGANIZATIONAL RULES

 

Statutory Authority:  RSA 176:14

 

PART Liq 101  DEFINITIONS

 

          Liq 101.01  Statutory Definitions Adopted.  Unless otherwise indicated, all words used in these rules shall have the same meaning given them by RSA 175 - RSA 180.

 

Source.  Editorial Addition.; ss by #5043, eff 1-11-91; ss by #6363, eff 10-26-96

 

          Liq 101.02  Definitions.  The words and phrases used in these rules shall mean and be construed as follows, except where a different meaning is clearly intended from the context:

 

          (a)  "Listing" means the procedure of purchasing.

 

          (b)  "De-listing" means the procedure of discontinuing of purchasing.

 

          (c)  "Wine Vendor" means a vintner, an importer, a bottler, a distributor, or any other supplier from whom the commission may purchase wines.

 

Source.  #95, filed 12-05-73, as in effect 8-31-73 under 1973, 507:4; #727, eff 12-18-75; ss by #1251, eff 9-27-78; ss by #2137, eff 9-30-82; ss by #2931, eff 12-26-84, EXPIRED 12-26-90

 

New.  #5043, eff 1-11-91; ss by #5289, eff 1-1-92; ss by #6363, eff 10-26-96

 

PART Liq 102  DESCRIPTION OF THE COMMISSION

 

          Liq 102.01  Functions of Commission.

 

          (a)  The commission is operated under the provisions of RSA 175 - RSA 180.

 

          (b)  The commission is charged by law to:

 

(1)  Optimize the profitability of the commission;

 

(2)  Maintain proper control over the sale, warehousing and distribution of all beverage or liquor in the state;

 

(3)  Assume responsibility for the effective and efficient operation of the commission;

 

(4)  Provide service to the customers of the commission, pursuant to title XIII;

 

(5)  Operate state liquor stores;

 

(6)  Operate the state warehouse;

 

(7)  Market and merchandise liquor;

 

(8)  Maintain data processing to assure proper fiscal and inventory control;

 

(9)  Maintain financial, accounting and other budgetary functions relating to the operation of the commission; and

 

(10)  Enforce the laws and rules of the commission.

 

(c)  The commission has the statutory authority to issue or deny licenses for the manufacture, sale, warehousing or distribution of liquor or beverage within the state.  Application forms are provided by the commission enforcement division for all licensees.

 

Source.  #94, filed 12-5-73, as in effect 8-31-73 under l973, 507:4; ss by #2137, eff 9-30-82; ss by #2931, eff 12-10-84, EXPIRED 12-26-90

 

New.  #5043, eff 1-11-91; ss by #6363, 10-26-96

 

PART Liq 103  METHODS BY WHICH THE PUBLIC MAY REQUEST OR OBTAIN INFORMATION PURSUANT TO RSA 91-A:4

 

          Liq 103.01  Requests For Information Pursuant to RSA 91-A:4.  The public may obtain information by making submissions or requests by writing to the commission, by calling the commission offices and making an appointment to review the information in person at the commission offices, or by personal submission of said request at the commission offices.  There is a nominal copy fee for requested information, pursuant to RSA 91-A:4, IV.

 

Source.  #1586, eff 6-3-80; ss by #2137, eff 9-30-82; ss by #2931, eff 12-26-84, EXPIRED 12-26-90

 

New.  #5043, eff 1-11-91; rpld by #5180, eff 7-22-91

 

New.  #6363, eff 10-26-96

 

PART Liq 104  GENERAL MEETING AND SPECIAL MEETING PROCEDURES

 

          Liq 104.01  Applicability.  The procedures set forth in this section shall apply to all regular and special meetings conducted by the commission and to all matters scheduled to be presented to or heard by the commission at any regular or special meeting that are not rulemaking hearings, adjudicatory hearings or other hearings addressed in Liq 205.

 

Source.  #12207-A, eff 6-14-17

 

          Liq 104.02  Place of Meetings.

 

          (a)  All regular meetings of the commission shall be held in its Concord offices.

 

          (b)  Special meetings, including meetings held to inform the public or solicit public comments, shall be held in Concord or at such other places as the commission shall determine based on considerations of maximizing access of interested parties to the meeting.

 

Source.  #12207-A, eff 6-14-17

 

          Liq 104.03  Scheduled Meetings.

 

          (a)  Regular meetings of the commission shall be held weekly or as reasonably practicable.

 

          (b)  Special meetings shall be held at the call of the chairman or his or her designee.

 

          (c)  Any regular meeting scheduled in accordance with this rule may be canceled or rescheduled

 

Source.  #12207-A, eff 6-14-17

 

          Liq 104.04  Record of Meetings.  All regular and special meetings of the commission shall be recorded. Minutes of the meeting shall be prepared and distributed to the commission members and applicable commission division heads.

 

Source.  #12207-A, eff 6-14-17

 

          Liq 104.05  Conduct of Meetings.

 

          (a)  The chairman of the liquor commission or his or her designee shall be the presiding officer of all special and regular meetings.

 

          (b)  The presiding officer shall:

 

(1)  Regulate the conduct of the meeting;

 

(2)  Rule on issues of procedure; and

 

(3)  Take such other actions as necessary for the efficient and orderly conduct of the meeting, consistent with commission rules and state law.

 

Source.  #12207-A, eff 6-14-17

 


CHAPTER Liq 200  PROCEDURAL RULES

 

Statutory Authority:  RSA 176:14

 

Revision Note:

 

          Document #5180, effective 7-22-91, made extensive changes to the wording and format of Chapter Liq 200.  Document #5180 supersedes all prior filings for the sections in this chapter.  The filings prior to Document #5180 for former Liq 200 include the following documents:

 

                  #94, filed 12-05-73, as in effect 8-31-73 under 1973, 507:4

                  #727, eff 12-18-75

                  #1585, eff 6-2-80

                  #2137, eff 9-30-82

                  #2931, eff 12-26-84 - EXPIRED 12-26-90

                  #5043, eff 1-11-91

 

 

          Please note that the rules in former Liq 200 were out of effect between 12-26-90 and 1-11-91.

 

          The rules in former Liq 200 filed as part of Document #5043 were numbered Liq 201.01, 202.01 through 202.03, and 203.01 through 203.05.  These rules have been amended and renumbered in Liq 200 by Document #5180.  Former Liq 201.01 has been amended and renumbered as Liq 202.01.  Former Liq 202.01 has been amended and renumbered as Liq 201.01.  Former Liq 202.02 has been amended and renumbered as Liq 201.02.  Former Liq 202.03 has been amended and renumbered as Liq 201.03.  The rules in former Part Liq 203 have been amended and incorporated into different sections of Liq 200 by Document #5180.

 

          Former rules Liq 602.03 through Liq 602.09 have been amended and incorporated into different sections of Liq 200 by document #5180.  See the source notes to former Liq 602.03 through Liq 602.09 for the prior filings for these rules.

 

PART Liq 201  DECLARATORY RULING PROCEDURES

 

          Liq 201.01  Interpretation of Statutes/Administrative Rules.  Any question arising, relating to an interpretation of RSA 175 - RSA 180, RSA 126-K, or administrative rules adopted by the commission shall be submitted in writing as a petition to the chairman of the liquor commission requesting a declaratory ruling.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 201.02  Declaratory Rulings by Agency.

 

          (a)  The commission shall within 30 days after submission of a petition under Liq 201.01 make a declaratory ruling in writing to the petitioner; or

 

          (b)  The commission shall notify the petitioner in writing of the reason for delay if more than 30 days are required to obtain:

 

(1)  Data from outside sources; or

 

(2)  A legal opinion of the department of justice.

 

          (c)  Upon receipt of the information required in (b) above, the commission shall make a declaratory ruling within 30 days.

 

Source.  #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 201.03  Interpretation of Statutes.  Any question arising, relating to an interpretation of RSA 175 - RSA 180 or the sections of RSA 126-K relating to the commission not specifically covered by liquor rules, and for which a declaratory ruling is not requested,  shall be submitted in writing to the commission for a ruling.

 

Source.  #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

PART Liq 202  PETITIONS FOR RULEMAKING:

 

          Liq 202.01  Petition for Adoption of Rules.

 

          (a)  Any person may petition the commission to adopt, amend, or repeal a rule.

 

          (b)  The petition shall:

 

(1)  Be in writing;

 

(2)  Be sent to the chairman of the liquor commission; and

 

(3)  Be limited to a single subject matter;

 

(4)  State clearly:

 

a.  The name and address of the petitioner and their representative, if any;

 

b.  The objectives of the petition;

 

c.  Why the petition should be adopted;

 

d.  Pertinent factual data supporting the petition;

 

e.  Identification of any statutes, rules, or other authority which would authorize the commission to act; and

 

f.  Views or arguments to be considered.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

PART Liq 203  RULEMAKING HEARINGS PROCEDURES

 

          Liq 203.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public shall be solicited.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 203.02  Scope.

 

          (a)  These rules shall apply to all hearings conducted by the commission at which public comment is solicited.

 

          (b)  If any requirement set by these rules conflicts with an applicable statute, that statutory authority shall control.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 203.03  Notice.  Notice for public comment hearings concerning rulemaking shall appear within the commission state liquor stores at least 20 days prior to the hearing date(s) and shall provide the same information as required by RSA 541-A:6.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 203.04  Media Access.

 

          (a)  Public comment hearings shall be open to the print and electronic media.

 

          (b)  The moderator shall place limits on the activities of the media in the following ways:

 

(1)  Limit the number of media representatives when their presence is disproportionate to the number of other citizens present and would cause other citizens to be excluded;

 

(2)  Limit the placement of television cameras to certain locations in the hearing room; and

 

(3)  Prohibit interviews from being conducted within the hearing room during the hearing.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98 EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 203.05  Moderator.

 

          (a)  The hearing shall be presided over by a moderator who shall be the chairman of the commission or his/her designee.

 

          (b)  The moderator shall:

 

(1)  Call the hearing to order;

 

(2)  Cause a recording of the hearing to be made;

 

(3)  Place limits on the media as set out in Liq 203.04;

 

(4)  Recognize those who wish to be heard and establish the order thereof;

 

(5)  Limit the time for each speaker, as set out in Liq 203.06(d)(1-5);

 

(6)  Recognize or revoke recognition of a speaker for cause as set out in Liq 203.06(b);

 

(7)  Remove or have removed any person who disrupts the hearing; and

 

(8)  Close the hearing.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRES: 6-29-06, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 203.06  Public Participation.

 

          (a)  Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers list before the last speaker on the list has finished speaking.

 

          (b)  All those whose names appear on the speakers list shall be afforded an opportunity to speak at the hearing.

 

          (c)  The moderator shall recognize speakers who have not put their names and addresses on the speakers list after those who were on the speakers list have spoken.

 

          (d)  The agency through the moderator shall:

 

(1)  Refuse to recognize a person who refuses to give his/her full name and address;

 

(2)  Limit the amount of time each speaker may speak to a reasonable time, considering the number of people who wish to be heard;

 

(3)  Limit a group to no more than 3 spokespersons, provided the members who are present may enter their names and addresses into the record as supporting the position by the group or organization; and

 

(4)  Revoke recognition of a speaker who refuses to keep his/her comments relevant to the issue or issues which are subject of the hearing, or exceeds the specified time limitations.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

PART Liq 204 - RESERVED

 

          Liq 204.01 - Reserved

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

          Liq 204.02 - 204.05 - Reserved

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

PART Liq 205  ADJUDICATIVE HEARINGS AND OTHER HEARINGS

 

          Liq 205.01  Purpose and Scope.

 

          (a)  This part shall provide the rules of practice and procedure for the conduct of hearings which affect the rights or privileges of any person.

 

          (b)  The rules in this section shall apply to all hearings conducted by the commission except public hearings for rulemaking purposes.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.02  Definitions.

 

          (a)  "Adjudicative hearing" means any proceeding in which the rights, duties, or privileges of a person are determined by the commission, including action on reports of violation, permission requests of licensees and licensing, but not including non-adjudicatory hearings or rulemaking.

 

          (b)  "Data" means all information other than argument, including, but not limited to:

 

(1)  Oral or written descriptions;

 

(2)  Reports;

 

(3)  Maps;

 

(4)  Charts;

 

(5)  Drawings;

 

(6)  Photographs;

 

(7)  Audio or video recordings;

 

(8)  Computer printouts;

 

(9)  Testimony;

 

(10)  Notes; and

 

(11)  Memoranda or documents, whether finished or unfinished.

 

          (c)  "Commission" means a quorum of the liquor commission or an individual appointed by vote of the commission for the purpose of conducting specific adjudicatory hearings.

 

          (d)  "Ex-parte communication" means ex-parte communication as defined in RSA 541-A:36.

 

          (e)  "Field administrative notice" means the notification given the person in charge of the premises licensed by the commission, by a commission investigator setting forth the statutes and/or rules alleged to have been violated with the procedure and times for requesting a hearing on those allegations.

 

          (f)  "File" means to place a document in the actual possession of the commission.

 

          (g)  "Hearing" means the process by which the parties actually present evidence, data, and/or argument by methods appropriate to the circumstances and includes but is not limited to:

 

(1)  Conducting trial type evidentiary procedures;

 

(2)  Directing the filing of exhibits, affidavits, memoranda, briefs;

 

(3)  Directing the delivery of oral argument; or

 

(4)  Any combination of the above or similar procedures.

 

          (h)  Licensee means a licensee as defined by either RSA 126-K or RSA 175:1, as applicable.

 

          (i)  "Motion" means any request by a party to a proceeding for an order relating to that proceeding.

 

          (j)  "Non-adjudicative hearing" means a formal or informal search for data by the commission concerning matters within its jurisdiction.

 

          (k)  "Order" means a document issued by the commission requiring a person to do or abstain from doing something, or determining a person's rights or privileges.

 

          (l)  "Party" means any person who participates in the proceeding and will be directly affected by the outcome of the proceeding.

 

          (m)  "Person" means "person" as defined by RSA 175:1, LIII or RSA 126-K, as applicable, and includes any association, governmental subdivision, or public or private organization.

 

          (n)  "Petition" means any application, complaint, request, or other communication to the commission other than a motion, seeking an order, license, or any other relief.

 

          (o)  "Presiding officer" means the chairman of the liquor commission or an individual appointed by vote of the commission to conduct a specific adjudicatory hearing.

 

          (p)  "Rulemaking" means the process by which the commission adopts rules.

 

          (q)  "Violation" means "violation" as defined in Liq 601.03(x).

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.03  Adjudicative Pre-hearing Requirements for Licensees.  Any licensee who has been charged with a violation shall contact the office of the chief of enforcement within 5 working days after receiving the investigator's field administrative notice to schedule a hearing and/or a prehearing conference, unless the licensee wishes to waive his or her right to a hearing.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.04  Prehearing Conferences.

 

          (a)  Upon request of any party, or his/her own request and with agreement of all parties, the chief of enforcement or the chief's designee shall schedule one or more informal conferences prior to the commencement of formal proceedings.

 

          (b)  Matters to be considered at a prehearing conference shall include but not be limited to the following:

 

(1)  Stipulation of the maximum and minimum penalties for the alleged offense under statute and/or rule;

 

(2)  Stipulation of the issues;

 

(3)  Stipulations or admissions as to the issues of fact or proof;

 

(4)  Limiting the number of witnesses;

 

(5)  Stipulation as to the recommendation of the chief of enforcement or his/her designee for the disposition on the violation;

 

(6)  Identify and stipulate to evidence and exhibits; and

 

(7)  Any other matters which may aid in the disposition of the case.

 

          (c)  Any party to a prehearing conference may waive their right to a hearing based on the stipulations agreed to, providing any such stipulations and waiver are signed to in writing or are electronically recorded with the consent of the party.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.05  Settlements.

 

          (a)  In the case of a violation as defined by Liq 601.03(x), the chief of enforcement or his/her designee shall try to negotiate a settlement.

 

          (b)  Upon agreement by all parties to an offer of settlement, the chief of enforcement or his/her designee shall cause a formal document to be drawn which specifies the terms and conditions of the settlement.

 

          (c)  The agreement shall not be final and binding until the document is signed by all parties and a quorum of the commission, and all parties receive copies of the fully executed document.

 

          (d)  By signing the document the parties agree to the settlement in lieu of an adjudicatory hearing and as a knowing and voluntary waiver of the licensee's due process rights.

 

          (e)  Settlement agreements shall be in accordance with the requirements of RSA 179:57 or RSA 126-K.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.06  Appearance Before the Commission.

 

          (a)  An individual may appear in a proceeding by personal attendance or through the attendance of a representative appointed in writing by the individual.

 

          (b)  Persons other than individuals may be represented by:

 

(1)  A licensed attorney; and/or

 

(2)  An officer, director, member, owner or designated manager; and/or

 

(3)  A representative of good character appointed in writing by an individual with authority to act for the person.

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.07  Computation of Time; Changes in Time.

 

          (a)  Any time period specified in this part shall:

 

(1)  Begin with the day following the event, act, or default; and

 

(2)  Include the last day of the period unless it is a Saturday, Sunday or state legal holiday, in which event the period shall run to the end of the next day which is not a Saturday, Sunday, or state legal holiday.

 

          (b)  When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and state legal holidays shall be excluded from the computation.

 

          (c)  Except where the time is fixed by statute, the commission shall, upon motion for good cause shown, including but not limited to personal illness or injury or illness, injury, or death in the immediate family of any of the parties, increase or decrease the time provided for the filing of any documents, or advance or postpone the time set for any oral hearings.

 

          (d)  A motion for a change in time shall be granted upon a finding of diligence and probable injury to the moving party which outweighs any detriment likely to be suffered by any other party to the proceeding.

 

          (e)  The presiding officer shall set the new date and time and notify each party by phone and by regular or certified mail of the new date and time.

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.08  Filing of Documents.

 

          (a)  All documents filed under this part shall:

 

(1)  Be on strong, durable, opaque, unglazed paper at least 8-1/2 x 11 inches in size;

 

(2)  Be reproduced by printing, or other process providing a clear, legible copy and printed or typed in clear type not smaller than elite;

 

(3)  Be printed only on one side of the page;

 

(4)  Contain the title of the proceeding;

 

(5)  Be dated and signed in ink; and

 

(6)  State the title, if applicable, and address of the signer;

 

          (b)  A document conforming to these requirements shall be considered filed with the commission when it is actually received by the office of the commissioners.

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.09  Signature and Certification of Veracity.

 

          (a)  All petitions, motions and replies filed with the commission shall be signed by the party, or if represented, by his/her representative.

 

          (b)  The signature on the document shall constitute certification by the signer that the signer:

 

(1)  Has read the document;

 

(2)  Is authorized to file it;

 

(3)  That to the best of his or her information, knowledge, or belief, there are reasonable grounds to support it; and

 

(4)  It has not been filed for delay.

 

(c)  A willful violation of this section shall result in rejection of the filing.

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.10  Pleadings, Petitions, and Responses.

 

          (a)  The following procedures shall apply to all pleadings, petitions and responses:

 

(1)  The only pleadings permitted other than motions shall be petitions and replies thereto;

 

(2)  Unless otherwise specified by statute or rule all petitions shall contain:

 

a.  The name and address of the petitioner;

 

b.  The name and address of the petitioner's representative, if any;

 

c.  A concise statement of the facts which cause the petitioner to request the commission to act;

 

d.  The action which the petitioner wishes the commission to take;

 

e.  The identification of any statutes, rules, orders, or other authority which entitles the petitioner to have the commission to act as requested; and

 

f.  The name and address of the person, if any, against whom the petitioner complains, or against whom the petitioner wishes the commission to act;

 

(3)  Unless otherwise required by rule or statute, all replies shall contain the following:

 

a.  The name and address of the respondent;

 

b.  The name and address of the respondent's representative, if any;

 

c.  A statement admitting, denying or claiming to have insufficient information to respond to, each and every fact in the petition;

 

d.  A statement admitting or denying the authority identified in support of the action requested by the petitioner;

 

e.  A concise statement of each and every additional or different fact which causes the respondent to request the commission not to act, or to act differently from that requested by the petitioner; and

 

f.  The action which the respondent wishes commission to take;

 

(4)  Unless otherwise provided by statute or rule, a reply shall be filed within 30 days after service of a petition;

 

(5)  Any fact contained in the petition shall be deemed admitted unless specifically denied by the respondent or the respondent indicates that he or she lacks sufficient information to deny or admit the fact and so states; and

 

(6)  The petitioner shall be presumed to deny all allegations in the reply and no response shall be permitted to the reply.

 

          (b)  The following procedures and criteria shall apply to all motions and objections thereto:

 

(1)  Unless presented in an oral session of a proceeding, all motions and replies thereto shall be served in writing upon all parties.

 

(2)  All motions shall state clearly and concisely:

 

a.  The purpose of the motion;

 

b.  The statutes, rules, orders, or other authority authorizing the relief sought in the motion; and

 

c.  The facts claimed to constitute the grounds requiring the relief requested by the motion;

 

(3)  Objections to motions shall state clearly and concisely:

 

a.  The grounds for the objection of the party;

 

b.  The action which the party filing the reply wishes the presiding officer to take on the motion; and

 

c The statutes, rules, order, or other authority relied upon in defense of the motion;

 

(4)  An objection shall admit, deny, or state that the respondent has insufficient information to admit or deny each and every fact contained in the motion;

 

(5)  Failure to object or claim insufficient information shall constitute the admission of fact for the purpose of the motion only;

 

(6)  Unless otherwise specifically ordered by a court, all motions shall be decided upon the writings submitted;

 

(7)  Repetitious motions shall not be accepted;

 

(8)  Unless provided by statute, this chapter or orders of a court, objections to motions shall be filed within 10 calendar days after the party receives a copy of the motion; and

 

(9)  Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.11  Adjudicative Proceedings.

 

          (a)  This section shall apply to all adjudicative proceedings.

 

          (b)  The commission shall commence an adjudicative proceeding by issuing an order of notice which:

 

(1)  Identifies the parties to the proceeding as of the date of the order;

 

(2)  Briefly summarizes the subject matter and issues to be resolved;

 

(3) Specifies the statutory authority for the proposed action and identify any agency rules;

 

(4)  Specifies the date by which, and place where, appearance shall be filed;

 

(5)  Specifies the date, time and place of the first day of oral hearing, if any, which may be limited to procedural matters; and

 

(6)  Specifies the date and address for submission of written materials;

 

          (c)  The commission shall carry out the service of order of notice in the following manner:

 

(1)  The presiding officer shall serve notice upon all parties to the proceeding by certified mail or by personal service, at least 10 days before the first date of oral hearing or the first date action is required in response to the order; and

 

(2)  The date of service shall be the date of personal delivery or receipt through the mail.

 

          (d)  Upon a written petition showing good cause which shall include, but shall not be limited to the licensee requesting a speedy hearing, the presiding officer shall shorten the 10 day notice requirement, provided no party shall be prejudiced thereby.

 

          (e)  All subsequent official communications between parties including, but not limited to, petitions, responses, motions, orders, and memoranda, shall be served on all parties, either by the United States Mail or personal service.

 

          (f)  Orders, notices, memoranda, exhibits, and all other material submitted in a case shall be kept in a case file.

 

          (g)  The presiding officer shall provide reasonable notice of any change to the order of notice to all parties.

 

          (h)  Any party, to whom notice has been served in accordance with this chapter, who fails to appear and fails to advise the agency of non-appearance prior to the scheduled time of the hearing at which evidence shall be presented, shall have a decision rendered against him or her which shall result in adverse administrative action by default.

 

          (i)  Orders of the commission shall be carried out in the following manner.

 

(1)  Within the time prescribed in Liq 206.03(a) after the conclusion of a hearing, the presiding officer shall issue an order stating the action to be taken by the commission and the reasons therefore;

 

(2)  The order shall be sent to all parties through the United States mails or by personal delivery; and

 

(3)  The order shall constitute a final decision on the part of the commission for appeal purposes.

 

          (j)  Intervention petitions shall be carried out in the following manner:

 

(1)  Petitions for intervention shall be filed at least 3 days before the commencement of a proceeding or at any time if the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the proceeding;

 

(2)  Petitions for intervention shall state, with particularity:

 

a.  The petitioner's interest in the subject matter of the proceeding;

 

b.  The petitioner's position with respect to the subject matter of the hearing;

 

c.  Why the interest of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

 

d.  Any other reasons why the petitioner should be permitted to intervene;

 

(3)  An intervener shall be subject to the same limitations which would have been applicable if she or he had been a party from the commencement of the proceeding; and

 

(4)  An intervener shall participate in the remaining aspects of the proceeding from the time of intervention, and no phase or portion of the proceeding shall be repeated for the benefit of the intervener.

 

          (k)  Joinder and severance shall be carried out in the following manner:

 

(1)  Whenever it appears to the agency, upon motion or its own initiative, that 2 or more proceedings involve substantially similar or substantially related issues the commission shall join those proceedings for hearings, decision or both, provided no party would be prejudiced by the joinder; and

 

(2)  Whenever it appears to the agency, upon motion or its own initiative, that prejudice to a party or parties or undue delay might be avoided, the commission shall sever one or more issues or parties, and dispose of those issues in another proceeding.

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

          Liq 205.12  Notice and Conduct of Hearings.

 

          (a)  Unless otherwise provided in this chapter all notices of hearings shall:

 

(1)  Be prepared and forwarded to all parties or their representatives so as to afford all parties sufficient opportunity to prepare for and develop the issues to be considered and decided at the hearing; and

 

(2)  Be forwarded to all parties or their representatives in sealed envelopes, either in the United States mails or by personal service.

 

          (b)  Scheduling of hearings shall be carried out in the following manner:

 

(1)  Unless otherwise provided for by statute or rule, hearings shall be scheduled as soon as possible following the events giving rise to the necessity for the hearing;

 

(2)  The date set shall allow sufficient and reasonable time for the preparation of the case by the agency and all other parties; and

 

(3)  Upon written motion with good cause, which shall include, but shall not be limited to illness or injury to one of the parties, the presiding officer shall continue the hearing or reschedule it for a date later than that specified in the notice.

 

          (c)  Powers and duties of the presiding officer shall be to:

 

(1)  Schedule and hold hearings;

 

(2)  Regulate and control the course of hearings;

 

(3)  Administer oaths or affirmations;

 

(4)  Receive relevant evidence;

 

(5)  Take official notice of facts which are of common knowledge and general notoriety;

 

(6)  Dispose of procedural requests, including those of the parties or those made on the motion of the presiding officer;

 

(7)  Hold informal conferences;

 

(8)  Interview or examine witnesses;

 

(9)  Cause a complete record of the proceeding to be made; and

 

(10)  Take any other action, consistent with applicable statutes and rules necessary to conduct and complete the proceeding in a fair and timely manner.

 

          (d)  All parties shall have the opportunity to present testimonial and documentary evidence, cross examine adverse witnesses and make opening and closing statements.

 

          (e)  In all proceedings governed by this chapter that party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

 

          (f)  Introduction and admissibility of evidence shall be governed by the following:

 

(1)  Hearings shall not be bound by the New Hampshire Rules of Evidence or the Federal Rules of Evidence;

 

(2)  All relevant, reliable, and material evidence shall be admissible;

 

(3)  Evidence which is irrelevant, immaterial or unduly repetitive, shall be excluded;

 

(4)  Evidence may include, but not be limited to, depositions, affidavits, official documents, and testimony of witnesses;

 

(5)  The presiding officer shall:

 

a.  Officially notice facts;

 

b.  So state in the official record; and

 

c.  Allow any party, on a timely request, the opportunity to show the contrary;

 

(6) The chief of enforcement or his/her designee shall open the proceedings through presentation of his/her witnesses and exhibits;

 

(7) Such evidence shall include direct testimony from investigators of the commission enforcement division, if applicable;

 

(8)  Members of the commission shall, if they have questions, ask them of the witnesses during or subsequent to direct cross-examination;

 

(9)  The licensee shall present his/her testimony to the commission in a manner most beneficial to him or her;

 

(10) The licensee may present witnesses, his/her own statements or choose to provide a narrative presentation of his/her testimony;

 

(11)  Members of the commission shall, if they have questions, ask them of the witnesses during or subsequent to direct cross-examination;

 

(12)  Any party who intends to call witnesses to testify at an administrative hearing shall provide all other parties and the presiding officer with the following information, not less than 3 working days before the date of the hearing:

 

a.  The number of witnesses to be called to testify;

 

b.  The full name of each witness to be called;

 

c.  The home address of each witness to be called; and

 

d.  The capacity of employment of each witness to be called; and

 

e.  The substance of witness testimony.

 

(13)  Upon request, the chief of enforcement shall supply the licensee or their duly appointed representative with all reports and a list of any evidence which has been obtained during an investigation and which might be introduced at any administrative hearing against the licensee;

 

(14) A request pursuant to (13) above shall be made to the chief of enforcement in writing with a copy to the chairman of the commission;

 

(15)  All hearings shall be recorded by means of audio and/or video recording devices; and

 

(16)  Recorded results shall be maintained for a period of one year from the date of the final order.

 

          (g)  All adjudicative decisions of the commission shall:

 

(1)  Be made on the basis of evidence of record only;

 

(2)  Be based on a preponderance of the evidence record taking into account that the burden of proof is on the party alleging a fact or circumstance; and

 

(3)  Take no account of any ex-parte communication of any kind made during the pendency of the proceeding.

 

(h)  A written decision setting forth the finding of fact, and conclusions drawn by the presiding officer shall be prepared, and parties shall receive copies of the decisions and findings.

 

Source.  #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-A, eff 7-1-06

 

 PART Liq 206  PROCEDURES AND CONSIDERATIONS AFTER ADJUDICATIVE HEARINGS

 

          Liq 206.01  Licensee Record.

 

          (a)  When a licensee receives an adverse decision as a result of an administrative hearing with regard to a violation, the presiding officer shall examine the licensee's record and note all violations.

 

          (b)  The number of recorded violations shall be used in determining what administrative action shall be taken as provided by Liq 603.02, Liq 603.04, or Liq 605.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-B, eff 6-14-17

 

          Liq 206.02  Commission Consideration.

 

          (a) The presiding officer shall consider any testimony or evidence offered by the prosecuting investigator, the licensee, and by all witnesses.

 

          (b)  The presiding officer, when hearing testimony or evidence regarding a violation of a statute or an administrative rule, shall consider any aggravating factor or mitigating factor which is offered in any defense or prosecution, as required by RSA 179:56 III (a), in determining any administrative action or penalty.

 

          (c)  Aggravating factors shall include but not be limited to:

 

(1)  The failure to train employees in liquor education classes;

 

(2)  The failure to have adequately trained managers;

 

(3)  The failure to take advantage of education classes offered by the bureau of enforcement;

 

(4)  The failure to have any training with regard to RSA Title XIII requirements for an employee;

 

(5)  The failure to request identification of a person who appears younger than age 21 before sale of alcoholic beverage;

 

(6)  Service of more than 4 drinks in an hour, or 6 drinks total, to a person who becomes intoxicated;

 

(7)  The failure to detect poor quality identification documents as being false;

 

(8)  The reckless serving of alcohol to a person under age 16 years;

 

(9)  Serving a minor who is legally intoxicated;

 

(10)  Failure to monitor the quantity of alcohol served to a patron;

 

(11)  The active encouragement of intoxicated patrons to consume more alcohol;

 

(12)  The service of alcohol to a patron that is so continuous and excessive that it creates a risk of death by alcohol poisoning;

 

(13)  The active assistance of a patron into a motor vehicle when the patron is so intoxicated as to need assistance, when a person knows or should know that the intoxicated person will operate the motor vehicle;

 

(14) The failure to properly manage the premises, such as allowing overcrowding, unaccompanied minors in lounges, standees to drink, lack of effort to clear aisles, or areas of ingress or egress and blocked fire exits;

 

(15)  The failure to take corrective action on previously cited violations;

 

(16)  A culpable mental state, as defined by RSA 626:2, II, General Principles, of the New Hampshire Criminal Code shall be an aggravating factor when "purposefully" or "knowingly" is proven;

 

(17)  A violation of RSA 179:5 when it conforms to the provisions of RSA 507-F:4, II, III, & IV or RSA 507-F:5, III;

 

(18)  Negligent or reckless service of alcoholic beverages pursuant to RSA 507-F:4 and RSA 507-F:5; and

 

(19)  Any factor which increases the hazard to public safety and which is due to the sale or consumption of alcoholic beverages.

 

(d)  Mitigating factors shall include but not be limited to:

 

(1)  The licensee having no record of like violations;

 

(2)  The licensee having no record of any violation;

 

(3)  The licensee admitting to problems detected and taking steps to rectify the situation;

 

(4) The documented attendance of the licensee's personnel at a commission sponsored educational program;

 

(5)  Implementing training for managers to make them aware of the liquor laws and rules;

 

(6)  Maintaining an adequate number of trained employees to supervise the sale and consumption of alcoholic beverages on the premises to assure compliance with the liquor laws and rules;

 

(7)  The licensee having requested a liquor education program, not yet conducted, when the problem occurred;

 

(8)  A new employee with instruction from management, but not having attended a liquor education program;

 

(9)  Established management policies of ensuring persons of questionable age are checked as to age before service of alcohol;

 

(10)  Training for those checking IDs in the detection of false or altered documents;

 

(11)  Publicizing responsible service of alcohol;

 

(12)  Encouraging patrons not to drink too much;

 

(13)  Encouraging patrons to consume non-alcoholic beverages or food;

 

(14)  Encouraging patrons to use alternate forms of transportation;

 

(15)  The display of any correct form of identification in any sale or attempted purchases of alcoholic beverages as outlined by RSA 179:7 and RSA 179:8;

 

(16)  The physical appearance of any person, and the prudent application of reasonableness to an estimation of age as required by RSA 179:7 and RSA 179:8;

 

(17)  Service of alcoholic beverage for a violation of RSA 179:5 shall be considered mitigating if RSA 507-F:4, V, VI, and VII apply;

 

(18)  Responsible business practices pursuant to RSA 507-F:6; and

 

(19)  Service of only one drink to a person who becomes intoxicated.

 

          (e)  The presiding officer shall decide each case after the hearing is closed by a preponderance of the evidence.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-B, eff 6-14-17

 

          Liq 206.03  Penalty Administration.

 

          (a)  After hearing testimony and considering all evidence presented, including aggravating and mitigating factors, the commission shall reach a decision on administrative action to be taken with respect to any administrative hearing within 15 working days of the final hearing, or within 15 working days of a legal opinion sought in conjunction with an adjudicative proceeding conducted pursuant to Liq 205.11 and Liq 205.12.

 

          (b)  Administrative penalties shall follow the guidelines in Liq 603 or Liq 605, as applicable.

 

          (c)  The commission shall enforce any penalty within 10 working days after reaching a decision on administrative action except as specified in Liq 206.04 (g).

 

          (d)  Any licensee or his or her appointed representative may waive the 15 day deadline for the commission to reach a decision.

 

Source.  (See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-01-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-B, eff 6-14-17

 

          Liq 206.04  Rehearing.

 

          (a)  Any party to an adjudicative hearing may petition the commission for a rehearing within 30 calendar days of being notified of the commission's decision.

 

          (b)  The commission shall grant a rehearing only in cases when the petitioner demonstrates that:

 

(1)  The decision rendered was contrary to statute or rule;

 

(2)  The petitioner was not allowed at the hearing to present evidence material to issues of fact or law;

 

(3)  The decision was contrary to a final and binding settlement agreement; or

 

(4)  Procedures for adjudicative hearings detailed in liquor rules were not followed and that this materially affected the decision to the detriment of the petitioner.

 

          (c)  Rehearings shall be held by either the chairman, deputy commissioner, or their designee.  Rehearings shall not be held by a presiding officer who rendered a decision as a result of the original hearing.

 

          (d)  Rehearings shall be scheduled within 10 working days of the granting of a petition for rehearing.

 

          (e)  Rehearings shall only concern those issues enumerated in the petition for rehearing.

 

          (f)  The chairman, deputy commissioner, or their designee shall decide any action to be taken as a result of a rehearing within 15 working days of the rehearing, or within 15 working days of a legal opinion sought in conjunction with the rehearing.

 

          (g)  The commission shall not enforce any administrative penalty prior to deciding upon any petition for rehearing, or during the rehearing process.

 

Source.  #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06

 

New.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-B, eff 6-14-17

 

PART Liq 207  PETITIONS FOR REVOCATION

 

          Liq 207.01  Petition for Revocation.

 

          (a)  The governing body of any city or town which has accepted the provisions of RSA 663:5, I(b), (c), and (d), may petition the commission for the revocation of a liquor license located within that community.

 

          (b)  The petition shall:

 

(1)  Be in writing;

 

(2)  Be sent to the chairman of the liquor commission;

 

(3)  Be limited to a single licensed location; and

 

(4)  State clearly:

 

a. The name and address of the petitioner and their representative, if any;

 

b. Why the petition should be adopted;

 

c. Pertinent factual data supporting the petition; and

 

d. Views or arguments to be considered.

 

          (c)  A copy of the petition, with or without supporting documentation, shall be mailed to the licensee by certified mail or hand delivered to the licensed premise.

 

          (d)  Two copies of the petition and all supporting documentation shall be filed with the commission.

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 207.02  Commission Response.

 

          (a)  Within 10 working days after submission of the complete petition the commission shall consider it and:

(1)  Require specific written information be furnished to clarify the petition, if necessary;

 

(2)  Deny the petition in writing, stating the reasons therefore; or

 

(3)  Schedule a revocation hearing within 10 working days from the date of commission acceptance of the petition and notify the petitioner and licensee by telephone and either certified mail or electronic mail with receipt confirmation requested;

 

          (b)  The licensee notice shall include a copy of the petition and all supporting documentation.

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 207.03  Denial of Petitions.

 

          (a)  The petition shall be denied for any of the following:

 

(1)  Lack of factual information documenting the charges in the petition;

 

(2)  Failure of the petitioner to notify the licensee of the alleged practices leading to the petition and allow the licensee opportunity to correct said practices; or

 

(3)  The facts or practices alleged in the petition not being sufficient to allow revocation.

 

          (b)  The petition shall not be denied for:

 

(1)  The licensee not receiving notice sent as required in Liq 207.01(c);

 

(2)  The alleged problems being caused by a manager with or without the knowledge of the licensee; or

 

(3)  The alleged problems being caused by patrons on the premises.

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 207.04  Revocation Hearings.  The chairman or his or her designee shall hold revocation hearings initiated under this part subject to the provisions of Liq 205, with the exception that:

 

          (a)  Liq 205.03, Liq 205.04, and Liq 205.05 shall not apply; and

 

          (b)  Liq 205.12(f)(6) and (7) shall not apply.

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 207.05  Grounds for Holding Revocation Hearings.  Revocation hearings shall be held when the petitioner alleges that:

 

          (a)  There is continual or longstanding disregard of state law or administrative rules at the licensed business; or

 

          (b)  The location of the business is not appropriate considering either the nature of the business as currently being operated, the nature of the neighborhood, or the number of similar businesses in the neighborhood, as required by RSA 178:3, VII (f), as shown by:

 

(1)  Negative economic impact directly attributable to the business on neighboring businesses, other than competitive;

 

(2)  Reduction of neighborhood property values attributable to the business;

 

(3)  Negative impact on the quality of life of area residents, as shown by:

 

a.  Increased traffic attributable to the licensed business;

 

b.  Litter attributable to the licensed business;

 

c. Harassment or threatening behavior by patrons at the business toward residents or passersby; or

 

d.  Increased crime or disorderly behavior in the neighborhood directly attributable to the licensed business;

 

          (c)  The business is not being operated primarily for the purposes indicated by the license type;

 

          (d)  The licensee has failed to meet the requirements of RSA 178:21, II (a)(1) or RSA 178:22, V(e)(1)(a);

 

          (e)  The person or persons actually managing the business do not meet the requirements of RSA 178:3, VII (e); or

 

          (f)  The license holders do not meet the requirements of RSA 178:3, VII (b).

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 207.06  Licensee Record.  The presiding officer shall consider the following commission records for the purposes of revocation:

 

          (a)  The record of violations of the licensee taken as a whole for the past 5 years; and

 

          (b)  The truthfulness of the licensee in his original application and any amendments filed to it.

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 207.07  Evidence.

 

          (a)  The presiding officer shall consider as evidence:

 

(1)  Police logs and reports;

 

(2)  Documented complaints made to:

 

a. Local or state police;

 

b. Other local officials; or

 

c. State officials or the commission;

 

(3)  Orders, correspondence, or other documents from town officials to the licensee and any responses;

 

(4)  Police and court records concerning the licensee, licensed premise, or persons in charge;

 

(5)  Petitions or other statements by area residents or neighboring businesses;

 

(6)  Commission records of licensee conduct; and

 

(7)  Records demonstrating licensee non-compliance with:

 

a.  Zoning requirements;

 

b.  Health or safety requirements; or

 

c.  Other local or state ordinances.

 

          (b)  The presiding officer shall not consider:

 

(1)  Undocumented complaints, whether from officials or the public; or

 

(2)  Complaints which the licensee was given no chance to correct.

 

          (c)  The licensee may introduce exculpatory evidence for the presiding officer’s consideration.

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 207.08  Revocation.  The chairman, deputy commissioner, or their designee shall revoke the license as required by the petitioners upon finding that:

 

          (a)  A preponderance of the evidence presented indicates that the facts alleged in the petition for revocation are substantially correct; and

 

          (b)  The facts alleged in the petition demonstrate at least one of the following:

 

(1)  The business is not in compliance with the requirements of RSA 178:3, or other licensing requirements for the business;

 

(2)  The demonstrated character or ability of the person or persons actually managing the business on a day to day basis is not sufficient to ensure that the business is operated in compliance with the laws and statutes of the state, commission, or locality; or

 

(3)  Continual or long standing disregard of the business for state laws or administrative rules.

 

Source.  #7061, eff 7-23-99; ss by #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

PART Liq 208  LICENSING HEARINGS

 

          Liq 208.01  Purpose.  The purpose of this part is to set forth the manner in which the commission shall hold hearings prior to issuing licenses, the manner in which the commission shall communicate to license applicant’s denials of licenses, and how the commission shall hold appeal hearings on such denials.

 

Source.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 208.02  Informational Licensing Hearings.  Prior to issuing a new license, the chairman or his or her designee shall hold a public informational hearing if requested by the local governing authority or the public, or if the commission requires additional information to determine whether the license applicant meets the criteria of RSA178:3 VII.  The hearing shall be conducted as follows:

 

          (a)  The prospective licensee and the local governing body shall be notified at least 10 calendar days prior to any informational hearing;

 

          (b)  Public notice of the hearing and the public's right to testify shall be published in a local paper of record at least 10 calendar days prior to the hearing;

 

          (c)  The presiding officer shall take testimony in the following order:

 

(1)  The prospective licensee;

 

(2)  The local governing authority;

 

(3)  The public, in the order in which they sign up to speak;

 

          (d)  The commission shall question speakers if necessary to clarify their positions;

 

          (e)  There shall be no cross examination or rebuttal testimony; and

 

          (f)  Written testimony shall be accepted only if signed and received prior to the close of the hearing.

 

Source.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 208.03  License Denials.  When denying a license application, either new or renewal, the presiding officer shall:

 

          (a)  Notify the applicant in writing, specifying the reason(s) for denying the application;

 

          (b)  Notify the applicant of their right to a hearing before the commission;

 

          (c)  Notify the applicant, if a renewal, that the license shall lapse on the expiration date and that no extensions shall be granted; and

 

          (d)  For denials based on points as defined in Liq 601.03 include the number of points accumulated, the violations causing the points, and the prima facie assumption that any licensee accumulating 12 or more points in a license year does not meet the criteria of RSA178:3 VII (b) and (e).

 

Source.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

          Liq 208.04  License Denial Appeal Hearings.  License denial appeals hearings shall be conducted under the provisions of Liq 205.

 

Source.  #8670-B, eff 7-1-06, EXPIRED: 7-1-14

 

New.  #12207-A, eff 6-14-17

 

PART Liq 209  Suspensions of Licenses Prior to a Hearing

 

          Liq 209.01  Immediate Suspensions Requiring a Hearing.

 

          (a)  When the commission receives information, which the commission deems credible, indicating that a licensee has engaged in conduct that poses an immediate danger to public health, safety, or welfare, the commission shall, pursuant to RSA 541-A:30, III, immediately suspend such person’s license and commence an adjudicative proceeding not later than 10 working days after the date of the commission order suspending the license.

 

          (b)  Suspension orders under this section shall include a notice of hearing as provided in Liq 205-206 setting forth all information required by RSA 541-A:31, III.

 

          (c)  No hearing date established in a proceeding conducted under this section shall be postponed at the request of the licensee unless the licensee agrees in writing to waive the 10 working day requirement.  If the licensee waives the 10 working day requirement, the suspension shall remain in effect until the completion of the hearing.

 

Source.  #12208, eff 6-14-17

 

          Liq 209.02  Emergency Suspensions – No Hearing Required.

 

          (a)  In accordance with RSA 179:56, III (c), if the commission possesses credible information indicating that a licensee is engaging in conduct or that circumstances exist that present a risk to public health, safety, or welfare constituting an emergency, the commission shall suspend, for a period of not more than 24 hours, any license issued under the provision of this title.

 

          (b)  Any such suspension shall be approved directly by the chairman or deputy commissioner before taking effect.

 

Source.  #12208, eff 6-14-17

 


CHAPTER Liq 300  APPLICATION DE-LISTING AND LISTING PROCEDURES

 

Statutory Authority:  RSA 176:14, RSA 176:13, II and RSA 177:7.

 

Revision Note:

 

          Document #5180, effective 7-22-91, made extensive changes to the wording and format of Chapter Liq 300.  Document #5180 supersedes all prior filings for the sections in this chapter.  The filings prior to Document #5180 include the following documents:

 

                  #94, filed 12-05-73, as in effect 8-31-73 under 1973, 507:4

                  #727, eff 12-18-75

                  #2137, eff 9-30-82

                  #2931, eff 12-26-84 - EXPIRED 12-26-90

                  #5043, eff 1-11-91

 

          Please note that the rules in former Liq 300 were out of effect between 12-26-90 and 1-11-91.

 

          Filed as part of Document #5043, former rules Liq 301.01, Liq 302.01 through 302.15, Liq 303.01 through 303.04, Liq 304.01, Liq 305.01 through 305.03, and Liq 306.01 have all been amended and incorporated into different sections of Liq 300 by Document #5180.

 

PART Liq 301  SYSTEM ESTABLISHED

 

          Liq 301.01  Purpose.  The purpose of this chapter is to set forth the manner in which vendors of spirits and wines and manufacturers of wines apply to have their items sold to the State of New Hampshire, and the manner in which the State of New Hampshire lists and de-lists spirits and wines for sale in the state.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 301.02  Definition of Terms.  The following terms shall be construed as set forth below:

 

          (a)  Available wines” means wines which are not listed under Liq 304.02, but that are registered by a brand code number and offered to licensees through the commission;

 

          (b)  “Bailment inventory” means vendor or manufacturer-owned inventory stored in a warehouse in New Hampshire and used to fill commission orders on an as-needed basis;

 

          (c)  “Brand code” means a number assigned by the commission to each size and brand of a product for identification purposes;

 

          (d)  “Broker” means an agent of a liquor or wine vendor providing services to the vendor on a commission basis;

 

          (e)  “Class” means spirits and wine items having common characteristics grouped for statistical purposes;

 

          (f)  “Dessert wine” means wine that has been fortified to an alcoholic content of over 15.5% by having brandy or spirits added;

 

          (g)  “Fiscal month” means a period of time consisting of either 5 or 4 fiscal weeks commencing July 1 of each fiscal year, each fiscal week ending on Sunday at midnight which follow a 5, 4, 4, repetitive pattern where the first fiscal month is 5 fiscal weeks, the second fiscal month is 4 weeks, and the third fiscal month is 4 weeks, repeated through out the fiscal year ending June 30 at midnight;

 

          (h)  “Full distribution” means that a product is available to be ordered by all New Hampshire state liquor stores;

 

          (i)  “Gross profit” means the difference between sales dollars and the average purchase order costs;

 

          (j)  “Holiday listing” means a limited number of spirits and wine items in special packaging intended for sale during the fiscal months of October, November and December in commission retail stores and from warehouses;

 

          (k)  “Limited distribution” means that a product is marketed only in commission-designated state stores;

 

          (l)  “Listed item” means spirits and wines approved pursuant to Liq 303 – 306 for sale in commission liquor stores and/or from warehouses;

 

          (m)  “Prepared cocktail” means a spirit-based product named as and designed to duplicate a drink normally prepared by a bartender for the on-premise trade.  This term does not include proprietary products;

 

          (n)  “Primary listing” means any SKU of a table wine that achieves an annual gross profit that exceeds the gross profit for the 325th listed SKU, arranged in order of gross profit, in the state retail stores;

 

          (o)  “Point of sale merchandising” means advertising and display of a product within the store in which that product is sold;

 

          (p)  “Primary source” means the domestic distiller, producer, owner of the commodity at the time it became a marketable product, bottler or exclusive agent of any such distributor or owner.  In the case of imported products the primary source of supply means either the foreign producer, owner, bottler or agent or the prime importer or the exclusive agent in the United States or the foreign distiller, producer or owner;

 

          (q)  “Proof unit” means ½ of one percent alcohol by volume at 68 degrees Fahrenheit;

 

          (r)  “Proprietary” means used, made, or marketed by one having the exclusive right;

 

          (s)  “Regular listing” means spirits and wine sold in commission retail stores and from warehouses;

 

          (t)  “SA620 report” means a computerized consecutive 12 fiscal month statistical report, generated at the end of each fiscal month by the commission, indicating the total gross profit by item and total by class;

 

          (u)  “Secondary listing” means any SKU of a table wine that achieves an annual gross profit that exceeds the gross profit for the 750th listed SKU, arranged in order of gross profit, in the state retail stores;

 

          (v)  “SKU” means a stock keeping unit;

 

          (w) “Specialty listing” means spirits and wines sold in designated commission stores and from warehouses;

 

          (x)  “Spirits” means a potable beverage containing alcohol primarily obtained through distillation;

 

          (y)  “Supplier” means a natural or other person who is licensed as a vendor, manufacturer, or representative;

 

          (z)  “Table wine” means “wine-table” as defined in RSA 175:1, LXIX;

 

          (aa)  “Test market” means the sale of a product for a period of 6 fiscal months during which that product is marketed in commission stores to determine consumer acceptance and product profitability;

 

          (ab)  “TTB” means the Tax and Trade Bureau of the United States Treasury Department;

 

          (ac)  “Vermouth” means a wine-based product which has been mixed with herbs and has an alcohol content of greater than 15.5% by volume; and

 

          (ad)  “Vintage” means the year that wine grapes are harvested.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss and moved by #6515, eff 7-1-97 (formerly Liq 301.03); ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

PART Liq 302  LISTING APPLICATION PROCEDURE

 

          Liq 302.01 Application Procedure.  Suppliers wishing to have their products considered for listing by the commission shall adhere to the following procedures:

 

          (a)  Each listing for a spirit shall first meet the criteria of Liq 304.04 prior to application for listing;

 

          (b)  Each request to have a spirit or wine item considered for listing shall be submitted on a vendor specification form 220-a to the commission, attention of the chairman;

 

          (c)  Suppliers shall include the following on Control State Standard Quotation & Specification Form:

 

(1)  Date submitted;

 

(2)  Brand name;

 

(3)  Proposed effective date of the listing;

 

(4)  Warehouse designation;

 

(5)  Type of product;

 

(6)  Age/vintage of product, where applicable;

 

(7)  Alcohol content/proof of product, where applicable;

 

(8)  Whether the product is domestic or imported;

 

(9)  Name and address of the distiller;

 

(10)  Name and address of the bottler;

 

(11)  Whether the product is sold under any other label;

 

(12)  Reason for submittal such as new product, change of product;

 

(13)  Volume of product container;

 

(14)  Case description and number of units in the case;

 

(15)  Units in the selling package, including the volume of the single unit;

 

(16)  Vendor no. and Uniform Price Code;

 

(17)  A blank line for the NH state code to be assigned by the commission;

 

(18)  Pallet/tier quantity;

 

(19)  Case weight;

 

(20)  Net cost F.O.B. ship point;

 

(21)  U.S. freight costs;

 

(22)  Ocean freight costs;

 

(23)  Marine Insurance costs;

 

(24)  Other charges including bailment charges;

 

(25)  Insert net;

 

(26)  Total invoice cost;

 

(27)  Case dimensions including length, width, and height;

 

(28)  Minimum shipping quantity;

 

(29)  Last previous quote;

 

(30)  Date of last quote;

 

(31)  Case increase or decrease in cost;

 

(32)  Shipping information, including shipping point(s);

 

(33)  Invoice information including terms;

 

(34)  Name, address and license number of designated liquor and wine representative;

 

(35)  Name, address and license number of supplier; and

 

(36)  Signature of supplier or executive officer.

 

          (d)  All costs shall reflect actual case costs and related transportation and bailment expenses;

 

          (e)  Only one brand shall be submitted on a form.  Multiple sizes of the same brand may be submitted on the same form;

 

          (f)  Forms shall be filled out completely, in a legible manner, in non-fading, non erasable graphic such as ink or typewriter;

 

          (g)  In the event a supplier submits an incomplete form, such form shall not be processed.  The submitting party shall be notified of the omissions pursuant to the provisions of RSA 541-A:29 and the commission shall request the additional information needed;

 

          (h)  In addition to the completed 220-a form, the request shall include:

 

(1)  The label of each product; and

 

(2)  A marketing letter which supplies the following:

 

a.  Projected annual case sales and gross profit;

 

b.  Case sales performance in other markets;

 

c.  Case sales trend in immediate past 18 fiscal months;

 

d.  Pricing history in the past 18 fiscal months;

 

e.  Statement by the vendor of current and future ability to supply the product;

 

f.  Statement by the vendor of marketing program to support the product, including media advertising program and point of sale merchandising and advertising copy;

 

g.  A photograph of the product;

 

h.  A copy of the label registration required by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);

 

i.  Verification of the primary source producer or manufacturer as defined by Liq  301.02(q) of a product; and

 

j.  Exclusive agent agreement if the product is submitted by other than the primary producer or manufacturer.

 

          (i)  Each application shall be time and date stamped upon receipt.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #5289, eff 1-1-92; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 302.02  Notification of Decision.

 

          (a)  Suppliers shall be notified of any commission action regarding applications within 45 days of the action.

 

          (b)  Suppliers whose products are listed shall be notified of the brand code number assigned to their products.

 

          (c)  Suppliers whose products are not accepted for listing shall be informed of the reason(s) for that decision.

 

          (d)  Decisions shall be based upon compliance with the requirements of Liq 304 through Liq 306, as applicable.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-9-13

 

New.  #10463, eff 11-21-13

 

PART Liq 303  SPIRITS LISTING PROCEDURE

 

          Liq 303.01  Purpose.  The purpose of this part is to develop and maintain a uniform and systematic manner by which the commission shall secure spirits for sale to licensees and the public.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

          Liq 303.02  Test Market.

 

          (a)  Before listing any spirit product for limited or full distribution, the commission shall subject that product to a 6 fiscal month test market to ensure that demand for that product exists.

 

          (b)  In the event of an emergency that creates short supply of a popular category, the commission shall forego the 6 fiscal month test market, and list a spirit product for immediate distribution.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 303.03  Test Market Procedure.

 

          (a)  The commission shall accept, in one brand size only, all eligible broker submittals for the test market.

 

          (b)  To be eligible for test marketing, the product shall meet the following requirements:

 

(1)  The product shall not have been de-listed pursuant to Liq 308 in any size in the state of New Hampshire within the past 12 fiscal months;

 

(2)  The product shall be available for inventory;

 

(3)  The product shall have been in demand by consumers in other retail markets;

 

(4)  The product shall have an assured continuity of supply; and

 

(5)  The product shall meet all applicable requirements of the rules in this chapter.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 303.04  Test Market Performance/Listing.

 

          (a)  In order to be listed for full distribution, the minimum gross profit production during the 6 fiscal month test market period shall be determined and posted annually for each class by the commission on or before July 1st.

 

          (b)  Vendors shall be responsible for promoting the product to produce the minimum gross profit required during this period;

 

          (c)  Failure to attain this amount shall result in de-listing of the product as provided by Liq 303.02;

 

          (d)  Vendors shall be responsible for advertising their product during the test market period in order to produce the required gross profit, including in-store merchandising;

 

          (e)  Vendors of items succeeding in the test market shall complete the listing process by requesting in writing that their product be listed, with the types of listing desired;

 

          (f)  Items failing in the test market shall not be approved for additional test marketing in any size for a period of one year from the date the product was first available for sale in the commission stores.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 303.05  Additional Sizes.

 

          (a)  Additional sizes of a listed spirit brands shall be listed by the commission upon written request by the vendor if the following conditions are met:

 

(1)  The listed brand shall have a gross profit that exceeds the gross profit requirement of its class by 50 per cent either at the conclusion of the test market period or for the current consecutive 12 fiscal month period at the time of the request;

 

(2)  In the event more than one size of the brand are listed, each shall separately have a gross profit equal to or greater than the gross profit determined and posted by the commission for its class for the current consecutive 12 fiscal month period; and

 

(3)  The new size shall be securely packaged.

 

          (b)  Factors which indicate secure packaging shall include but not be limited to:

 

(1)  The sturdiness and construction of the case;

 

(2)  The cap and seal on the container; and

 

(3)  The shape of the container conforms to shelf standards.

 

          (c)  The new approved size shall then meet the test market performance criteria as outlined in Liq 303.04(a).

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 303.06  Change in Size.

 

          (a)  The commission shall allow a change in the size of a currently listed product upon written request of the vendor if the following conditions are met:

 

(1)  The listed product has a gross profit of $25,000 or more for the current consecutive 12 fiscal month period at the time of the request; and

 

(2)  The new size meets the requirement set forth in Liq 303.05(a)(3).

 

          (b)  Requests for change in size of the container shall include:

 

(1)  The name and address of the vendor making the request;

 

(2)  The product for which the change is made; and

 

(3)  The current size and the proposed size of the product for which the request is made.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 303.07  Change in Container.

 

          (a)  The commission shall allow a change in the shape of the container of a currently listed product upon written request of the vendor, if the requested package meets the requirements set forth in Liq 303.05(a)(3).

 

          (b)  Requests for change in shape of the container shall include:

 

(1)  The name and address of the vendor making the request;

 

(2)  The product for which the change is made; and

 

(3)  The current shape and the proposed shape of the product for which the request is made.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 303.08  Change in Proof.

 

          (a)  A request from a vendor or manufacturer for a change in the alcohol content of a product shall be treated as a request for de-listing of the original product and a new listing for the replacement, if the change in alcohol content is greater than or equal to 10 proof units.

 

          (b)  Vendors or manufacturers shall notify the commission in writing of changes in alcohol content of less than 10 proof units.

 

          (c)  Requests for change in proof of greater than 10 proof units shall include:

 

(1)  The name and address of the vendor making the request;

 

(2)  The product for which the change is made; and

 

(3)  The current proof and the proposed proof of the product for which the request is made, and the size of the container for which the request is made.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

PART Liq 304  WINE LISTING PROCEDURE

 

          Liq 304.01  Purpose.  The purpose of this part is to establish a uniform system for listing wines for sale to licensees and the public.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED:12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 304.02  Requests for Listing.

 

          (a)  The commission shall list wines that have been purchased from a manufacturer, vendor or broker who has been designated as the primary source per RSA 176:14.

 

          (b)  A primary source who wishes to have a table wine listed shall submit a completed form 220-a to the commission.

 

          (c)  There shall be no limit on the number of applications for regular listing of available wines pursuant to Liq 302.01 on form 220-a that may be made by a primary Source.

 

          (d)  To be eligible for listing, a table wine shall meet the following requirements:

 

(1)  The product shall be available for inventory;

 

(2)  The product shall have been in demand by consumers in other retail markets;

 

(3)  The product shall have an assured continuity of supply;

 

(4)  The product shall meet all applicable requirements of the rules in this chapter;

 

(5)  A copy of the label shall be provided; and

 

(6)  A copy of the TTB label registration shall be provided.

 

          (e)  Table wines not listed in any other type of listing in the state may be offered for sale by a primary source through the commission to licensees.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #5289, eff 1-1-92; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 304.03  Listing Procedure for State Retail Stores.

 

          (a)  In order to be eligible to be listed as a primary, secondary or specialty listing in the commission retail stores, a table wine shall meet the following requirements:

 

(1)  The table wine listed as a primary, secondary or specialty listing in the commission retail stores, shall be subject to a 6 fiscal month review to ensure that demand for that product continues;

 

(2)  The table wine shall maintain the minimum gross profit production during a 6 fiscal month period which shall be determined and posted annually for each class by the commission on or before July 1st;

 

(3)  The product shall be available for inventory;

 

(4)  The product shall have an assured continuity of supply; and

 

(5)  The product shall meet all applicable requirements of the rules in this chapter.

 

          (b)  Primary listed table wine shall be distributed to all of the state retail stores.

 

          (c)  Secondary listed table wine shall be distributed to state retail stores on a space available basis.

 

          (d)  Specialty listed table wine shall be distributed to state retail stores on a space available basis as follows:

 

(1)  Specialty wines shall be selected for regular listing by demonstrated consumer demand in other retail markets, sales performances in the national market, and potential profitability, but the decision to list shall not be limited to these factors;

 

(2)  State retail stores may carry available specialty wines registered pursuant to Liq 304.02 which have limited demand but are essential to round out the product-line offered to retail customers and/or licensees; and

 

(3)  Such specialty wines shall receive limited distribution in designated state stores at the discretion of the commission.

 

          (e)  In the event of an emergency that creates short supply of a popular category, the commission can list a table wine for immediate distribution.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #5289, eff 1-1-92; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED:  8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 304.04  De-Listing Procedure for State Retail Stores.

 

          (a)  The minimum gross profit production during a 12 fiscal month period shall be determined and posted annually for primary, secondary and specialty listed table wine by the commission on or before July 1st.

 

          (b)  Any table wine listed as a primary, secondary or specialty listing in the commission retail stores, shall be subject to a 6 fiscal month review to ensure that demand for that product exists.

 

          (c)  Failure to maintain an amount of gross profit equal to half of the annually posted gross profit product for primary, secondary and specialty listed table wine shall result in de-listing of the product as provided by Liq 308.02.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED:  8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 304.05  Additional Sizes.

 

          (a)  Additional sizes of a primary or secondary listed wine brand shall be listed in the state’s retail stores upon written request by the primary source, if the following conditions are met:

 

(1)  The listed brand shall have a gross profit that exceeds the gross profit requirement of its class by 50 per cent for the current 6 fiscal month period at the time of the request; and

 

(2)  In the event more than one size of the brand are listed, each shall separately have a gross profit to or greater than the gross profit determined and posted by the commission for its class for the current 6 fiscal month period.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

          Liq 304.06  Change in Container.

 

          (a)  The commission shall allow changes in the shape of the container of a currently listed product upon written request of the primary source, if the requested package meets the requirements set forth in Liq 303.05(a)(3).

 

          (b)  Requests for change in shape of the container shall include:

 

(1)  The name and address of the vendor making the request;

 

(2)  The product for which the change is made; and

 

(3)  The current shape and the proposed shape of the product for which the request is made.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

PART Liq 305  DESSERT WINES AND VERMOUTH

 

          Liq 305.01  Listing.

 

          (a)  Dessert wines and vermouths shall be selected for listing by demonstrated customer demand in other retail markets, sales performance in the national market, and potential profitability, but the decision to list shall not be limited to these factors.

 

          (b)  Gross profit shall not be the sole determinant for selection.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

PART Liq 306  SPECIALTY ITEMS/SPECIAL ORDERS

 

          Liq 306.01  Specialty Listing.

 

          (a)  Requests from NH licensed manufacturers, vendors, or their licensed representatives for specialty listing may be made at any time during the year.  A marketing letter, as outlined in Liq 302.01(h)(2) shall be submitted with the request.

 

          (b)  Commission designated stores shall carry selected specialty items.

 

          (c)  Specialty items shall include:

 

(1)  Products which have limited but steady use by citizens and on-premise licensees;

 

(2)  Products in which small quantities are used in preparing food or mixed drinks;

 

(3)  Products with limited production or distribution; and

 

(4)  New Hampshire produced products which satisfy the special needs of tourists.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 306.02  Holiday Listing.

 

          (a)  The commission shall accept submittal of items for holiday listing consideration each year.

 

          (b)  Suppliers shall be notified through their local licensed liquor and wine representative of the holiday listing period.

 

          (c) The notice shall include the dates for which the listing is requested.

 

          (d)  Submittals for holiday listing shall include guaranteed delivery date(s) for the product.

 

          (e)  Holiday items shall be selected for listing, not by gross profit, but by availability for key sales periods and how they will round out the customer selection for holiday purchases.

 

          (f)  Factors which show well rounded products offerings shall include but not be limited to:

 

(1)  Products’ retail price ranges;

 

(2)  Holiday packaging which has sold well in previous years; and

 

(3)  Popular items packaged in a gift pack.

 

          (g)  Listing of a product shall not be automatically repeated from year to year.

 

          (h)  Items not received by the delivery date(s) specified in the listing submittal shall be de-listed, and any shipment of the product refused, unless the administrator of sales and marketing certifies to the commission that:

 

(1)  The product is necessary to round out the holiday listings, and

 

(2)  The product will, in spite of late delivery, sell out during the holiday period.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 306.03  Special Orders.

 

          (a)  Retail customers may place requests with the commission for items not currently listed.

 

          (b)  The commission shall attempt to obtain the item in a timely manner, subject to the following conditions:

 

(1)  When ordering, the customer shall provide a complete description of the item;

 

(2)  Each order shall be for a minimum of one case of the item;

 

(3)  Full payment, which shall include transportation costs, shall be submitted prior to the purchase of the item by the commission;

 

(4)  Once full payment is submitted, a special order shall not be canceled by the customer and no refunds shall be given; and

 

(5)  Special orders for retail customers shall be shipped to a commission store designated by the customer for pick up.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

PART Liq 307  ADMINISTRATIVE LIMITATIONS AND PROHIBITIONS

 

          Liq 307.01  Cost Changes by Vendor/Manufacturer.

 

          (a)  Cost changes by vendors and manufacturers may be filed 4 times per year.

 

          (b)  All vendors and manufacturers shall report a cost change, via the wholesaler or supplier secure portal, as applicable, at https://ice.liquor.nh.gov.

 

          (c)  Cost changes by vendors and manufacturers shall be sent to the commission on the following quarterly schedule:

(1)  October 1 for a cost change effective for the following January promotional month;

 

(2)  January 1 for a cost change effective for the following April promotional month;

 

(3)  April 1 for a cost change effective for the following July promotional month; and

 

(4)  July 1 for a cost change effective for the following October promotional month.

 

          (c)  Should any due date fall on a Saturday, Sunday or New Hampshire observed holiday, the next working day shall be considered the due date for notification of cost changes.

 

          (d)  Cost increase filings received after the due date shall be returned as unacceptable.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED:  8-19-13

 

New.  #10463, eff 11-21-13; ss by #12410, eff 10-26-17

 

          Liq 307.02  Swaps Prohibited.  Exchanges for new items for listed items shall be prohibited, and this provision shall include a permanent or temporary change in:

 

          (a)  The size of the same brand unless the provisions of Liq 303.05(a) or Liq 304.04(a) are complied with; or

 

          (b)  The brand for another brand in any class.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 307.03  Listing Limitations.

 

          (a)  The commission shall list every product with a brand code.

 

          (b)  A wine which is marketed by the supplier under a different vintage(s) shall be considered a different product for purposes of brand codes.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

PART Liq 308  DE-LISTING PROCEDURE

 

          Liq 308.01  Purpose.  The purpose of this part is to set forth the criteria necessary for the commission to de-list a currently listed item, or to remove an item from state liquor stores.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 308.02  De-listing Criteria.

 

          (a)  In addition to considerations previously set forth in this chapter in Liq 303.04, the commission shall de-list an item for any of the following reasons:

 

(1)  Gross profit of a distilled spirit product, prepared cocktail or mixed drink is less than the gross profit determined and posted by the commission for its class for the previous 12 consecutive fiscal months as recorded in the monthly SA620 gross profit reports; and

 

(2)  Gross profit of a specialty item is less than the gross profit determined and posted by the commission for its class based on the following ratio of the gross profit criteria for each product segment:

 

a.  Popular brands – 95 per cent;

 

b.  Premium brands – 90 per cent;

 

c.  Super premium brands – 75 per cent; and

 

d.  Ultra premium brands – 60 per cent;

 

(3)  The product becomes unavailable to the commission for any reason;

 

(4)  The vendor or manufacturer of the product requests that the product be de-listed; and

 

(5)  The product fails to reach the required gross profit during the test market period.

 

          (b)  The commission shall remove an item from sale in state liquor stores for any of the following reasons:

 

(1)  Gross profit of a dessert wine, table wine, or vermouth for the previous 12 consecutive fiscal months as recorded in the monthly SA620 gross profit reports is less than $6,500 total, $3,250 of which shall be obtained through state store sales; or

 

(2)  Specialty wines no longer meet the requirements of Liq 304.03(d)(1);

 

          (c)  For the purposes of delisting or removal from state liquor stores, the period for necessary gross profit of an item shall begin with the date the product is first available for sale in commission stores.

 

          (d)  Certified mail shall be used by the commission when notifying a vendor or manufacturer of their product’s de-listing.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 308.03  Warning Status.

 

          (a)  At the end of each fiscal year and calendar year, the commission shall review the gross profit report and warn vendors and manufacturers by certified mail of a pending de-listing when their product has not met the required gross profit for the class, but has produced at least 85% of the minimum requirement.

 

          (b)  The warning notice shall contain:

 

(1)  The name of the product, the code, and the size;

 

(2)  The current gross profit and the required gross profit for the product;

 

(3)  The date by which the required gross profit shall be met; and

 

(4)  Indication that the product shall be de-listed if it has not attained the required minimum gross profit for its class.

 

          (c)  After the warning notice has been issued, the product, to remain listed, shall thereafter produce at least the minimum gross profit for the class by the end of 3 full fiscal months following the receipt of the notice.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

          Liq 308.04  Sale of De-listed Products.  Upon de-listing of a product, prices of existing state inventory shall be reduced by the commission if necessary to liquidate it.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED:  8-19-13

 

New.  #10463, eff 11-21-13

 

PART Liq 309  DE-LISTING REVIEW PROCESS

 

          Liq 309.01  Purpose.  The purpose of this part is to set forth the manner by which a manufacturer or vendor shall appeal the decision of the commission to de-list a product or to refuse listing of a product.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 

      Liq 309.02  Delisting Review Procedure.

 

          (a)  If a delisted product attains at least 85% of the gross profit requirements of Liq 308.02, vendors and manufacturers may request a review of a de-listing decision by submitting a letter to the commission stating the reason(s) for the review within 15 days from the receipt of the notice.

 

          (b)  The commission shall respond in writing setting forth their decision with regard to the de-listing review and the reasons for their decision within 10 days from the receipt of the letter of appeal.

 

          (c)  Certified mail shall be used by both parties in the de-listing review procedure.

 

          (d)  The commission shall base their review on good cause which shall include but not be limited to the following criteria:

 

(1)  The product is packaged in a unique bottle or other container;

 

(2)  The product is a unique or proprietary item;

 

(3)  The price of the product fits the consumer requirements;

 

(4)  The product is manufactured or bottled in New Hampshire, and therefore whenever feasible shall receive preferential treatment pursuant to RSA 176:12;

 

(5)  Certain extenuating circumstances outside the control of the company such as strikes and clerical errors; or

 

(6)  The commission’s supply of the product was shown to be inadequate during the test period to produce the required gross profit.

 

          (e)  If good cause is shown, the commission shall:

 

(1)  Overturn de-listing;

 

(2)  Grant an extension for no more than 6 consecutive fiscal months; and

 

(3)  At the end of said extension, review the product for de-listing purposes.

 

          (f)  Any appeals concerning a de-listing review and responses thereto shall be requested as provided by Liq 205.10(a), and conducted pursuant to Liq 205.10.

 

Source.  (See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

 

New.  #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

 

New.  #10463, eff 11-21-13

 


CHAPTER Liq 400  RULES GOVERNING LICENSEE OPERATIONS

 

Statutory Authority:  176:14

 

REVISION NOTE

 

          Document #5043, effective 1-11-91, made extensive changes to the wording and format of Chapter Liq 400.  Document #5043 supersedes all prior filings for the sections in this chapter.  The filings prior to Document #5043 for former Liq 400 include the following documents:

 

                  #727, eff 12-18-75    #2137, eff 9-30-82

                  #1251, eff 9-27-78    #2594, eff 1-20-84

                  #1532, eff 2-13-80    #2742, eff 6-14-84

                  #1582, eff 5-25-80    #2931, eff 12-26-84

                  #1833, eff 10-13-81  #4041, eff 4-22-86

                  #4548, eff 12-19-88

 

          All of Chapter Liq 400 except for the rules in former Sections Liq 402.10, 402.13, and 404.13 expired on 12-26-90.  The rules in former Sections Liq 402.10, 402.13 and 404.13 were repealed by Document #5043.

 

          Many rules in Chapter Liq 400 filed as part of Document #5043 are amended and renumbered version of former rules in this chapter.  The sections in Chapter Liq 400 filed as part of Document #5043 are listed below with their former number if applicable.

 

          New Number    Former Number                                        New Number          Former Number

 

Liq 401.01

Liq 401.16

Liq 405.15

Liq 405.17

      401.02

      401.20

405.16

405.17

405.18

405.19

Liq 402.01

Liq 402.01

405.18

405.20

       402.02           

         - - -

405.19

405.20

405.21

405.22

Liq 403.01

Liq 403.11

405.21

405.23

 

 

405.22

405.24

Liq 404.01

Liq 404.05

405.23

405.25

404.02

404.23

405.24

405.26

404.03

         - - -

405.25

405.29

404.04

         - - -

405.26

405.30

          New Number    Former Number                                        New Number          Former Number

 

 

405.27

405.31

Liq 405.01

Liq 405.01

405.28

405.32

405.02

405.02

405.29

405.33

405.03

405.03

405.30

405.34

405.04

405.04

405.31

405.35

405.05

405.05

405.32

405.36

405.06

405.06

405.33

- - -

405.07

405.07

405.34

- - -

405.08

405.08

405.35

- - -

405.09

405.09

405.36

- - -

405.10

405.10

405.37

- - -

405.11

405.12

405.38

- - -

405.12

405.14

405.39

- - -

405.13

405.15

405.40

- - -

405.14

405.16

405.41

- - -

 

PART Liq 401  DEFINITIONS

 

          Liq 401.01  Definition of Terms.  For this chapter only, the following terms shall be construed as set forth below:

 

          (a)  "Acceptable payment" means payment by cash, approved credit card, approved debit card, or pre-approved check.

 

(b)  "Approved credit" means a sale on terms pursuant to Liq 900.

 

          (c) "Bailment" means a system providing for delivery of vendor owned liquor and wine by the vendor’s agent at a NHSLC owned or licensed liquor and wine warehouse for transfer to state owned liquor stores or retail licensees.

 

          (d)  "Bailment warehouser" means the holder of a NH liquor and wine warehouse license under contract to the NHSLC to provide bailment services, or the NHSLC or contracted agent providing such services at NHSLC owned warehouse facilities.

 

          (e)  "Thing of value"  means, for the purposes of RSA 179:28, a thing provided to a retail licensee by a beverage industry member which bears substantial brand advertising and which is used in a product display of beverages.  The term does not include any thing used in the dispensing or refrigeration of beverages.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by #5180, eff 7-22-91; rpld by #6391, eff 11-28-96; ss by #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 401.02  Bailment Warehouser Fees.

 

          (a)  Bailment warehouser fees shall be paid by vendors unless exempted by statute or rule.  Vendor fees for bailment warehouser services shall be specified by contract between the NHSLC and the bailment warehouser(s).

 

          (b)  Contracted fees shall be charged to all vendors equally by the bailment warehouser(s).

 

          (c)  The NHSLC shall charge the same fees as contracted in (b) above at NHSLC owned warehouses except that no fee shall be charged on liquor and wine products manufactured in NH by any vendor who:

 

(1)  Is licensed as a liquor manufacturer pursuant to RSA 178:6, a rectifier pursuant to RSA 178:7, or a wine manufacturer pursuant to RSA 178:8;

 

(2)  Maintains a federally bonded liquor warehouse in the state; and

 

(3)  Maintains an inventory equal to 30 days average sales for each brand code registered with the commission.

 

          (d)  The NHSLC shall make available to vendors the contracted fees charged by bailment warehousers.

 

Source.  #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 401.03  Vendor Inventory.

 

          (a)  Liquor and wine vendors shall maintain at a bailment site designated by the commission inventory equal to 30 days average sales for each brand code registered with the commission.

 

          (b)  The NHSLC shall issue administrative notices of violation to vendors when inventory shortages cause out of stock situations.

 

Source.  #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 401.04  Inactive Brand Codes.  Vendors shall remove all products which do not have an active NHSLC brand code from bailment within 60 days.

 

Source.  #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 401.05  Damaged Products.  Vendors shall remove or have destroyed all products that are damaged from bailment within 60 days.

 

Source.  #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 401.06  Commission Control of Bailment Product.  Products with active NHSLC brand codes shall not be removed from bailment except to be delivered to NHSLC control or for shipment out of state with written permission from the NHSLC, which shall be granted for stock in excess of NHSLC requirements.

 

Source.  #7258, eff 5-2-00; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

PART Liq 402  PURCHASING AND SUPPLYING

 

          Liq 402.01  Purchase of Supplies of Liquor or Wine from the Commission. 

 

          (a)  All licensee orders to be picked up from a licensed or commission warehouse shall use the following procedure:

 

(1)  Orders shall be submitted to the commission office through the commission's internet ordering system;

 

(2)  Orders shall be on approved credit or shall be accompanied by acceptable payment;

 

(3)  All orders shall be picked up at a date and time set by the warehouse;

 

(4)  All orders shall be picked up:

 

a.  By a licensed carrier who will make the delivery to the licensee; or

 

b.  By the retail licensee, their employee, or other designated individual, only with presentation of a copy of the retail license at pickup; and

 

(5)  The licensee shall pay all transportation charges;

 

          (b)  For all orders to be picked up at a commission liquor store, licensees shall submit a written or a telephone order to the store providing:

 

(1)  The license number;

 

(2)  The licensee name;

 

(3)  The brand code(s);

 

(4)  The brand name(s);

 

(5)  The brand size(s); and

 

(6)  Number of cases; or number of bottles, if available.

 

          (c)  All orders shall be picked-up at the commission liquor store by the licensee or designee at a date and time set by the store.

 

          (d)  Order approval, processing, and invoicing shall be on approved credit or orders shall be paid in full upon pickup by acceptable payment.

 

          (e)  Orders to be picked directly from the commission liquor store shelves by a licensee shall be subject to the following conditions:

 

(1)  Orders shall be on approved credit or paid at the register by an acceptable form of payment; and

(2)  Licensees picking directly from the store shelf shall pay “retail price”, which for the purposes of this rule means:

 

a.  For off-premises licensees, the price listed in the quarterly price list for off-premises licensees; or

 

b.  For on-premises licensees the prevailing shelf price at the time of the sale.

 

          (f)  Any customer may elect to use a special order to obtain supplies not listed with the commission using the following procedure:

 

(1)  A quote may be obtained by completing and submitting a “Customer Order Inquiry” form (revised 2/2021) with the required information to a commission liquor store or the commission office;

 

(2)  The commission shall obtain a quote from a licensed vendor and return the quote to the customer;

 

(3)  The customer may place an order for the product referenced in the quote before the expiration date of the quote;

 

(4)  The order shall be submitted to a store or the commission office; and

 

(5)  All orders shall be picked up and paid for at the store designated.

 

          (g)  Nothing in these rules shall be construed as to prohibit on-premises and off-premises licensees or customers from purchasing, at their own risk, through permitted direct shippers.

 

          (h)  Errors in ordering, shipping, billing, or receiving shall be reported, processed and the supplies returned within 30 days of their receipt.

 

          (i)  Errors in an order from the warehouse shall be resolved pursuant to Liq 906.02 by contacting the commission office.

 

          (j)  Errors in an order from a commission liquor store shall be resolved pursuant to Liq 906.02 at the store where the sale was made.

 

          (k)  Incomplete orders and orders submitted without payment or not in compliance with Liq 900 shall not be processed and shall be returned stating the reasons therefore.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by #5180, eff 7-22-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04

 

New.  #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14; ss by #13225, eff 6-30-21

 

          Liq 402.02  Prohibition on Solicitation of Gifts From Manufacturers, Liquor Vendors, Table Wine Vendors, and Wholesale Distributors.  No retail licensee shall solicit, receive or accept any money, merchandise, equipment, or anything else of value from any liquor or wine manufacturer, liquor and wine vendor, liquor and wine representative or liquor and wine sales person, except promotional materials, samples, or services explicitly authorized by statute or rule.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss and moved by #6391, eff 11-28-96 (formerly Liq 402.03), EXPIRED: 11-28-04

 

New.  #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 402.03  Licensee Entertainment.  Retail licensee entertainment by alcohol industry members shall not be considered a violation of RSA Title XIII, provided such entertainment is deductible as a business entertainment expense under the Internal Revenue Code.

 

Source.  #7779, eff 10-18-02; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRES: 10-22-13; ss by #10643, eff 7-18-14

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14 (from Liq 402.04)

 

PART Liq 403  SIGN RESTRICTIONS

 

          Liq 403.01  "Neon sign" means, for the purposes of RSA Title XIII, a sign constructed from tubing containing neon or other noble gas used to advertise alcoholic products.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; rpld by #6391, eff 11-28-96

 

New.  #7779, eff-10-18-02; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 403.02  Neon Sign Advertising.  Brand advertising of liquor or beverages by means of neon signs shall not be permitted in NH.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; rpld by #6391, eff 11-28-96

 

New.  #7779, eff-10-18-02; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

PART Liq 404  PREMISES

 

          Liq 404.01  Gambling.  No licensee shall use, or allow to be used, the premises for the illegal sale of lottery tickets or games of chance, gambling, or booking of horses or sports events.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04

 

New.  #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 404.02  Grocery or Convenience Stores Combination Licenses.

 

          (a)  Licensees licensed as grocery stores under RSA 178:18 shall have and maintain readily available to the public representative grocery stock which includes:

 

(1)  Bread products;

 

(2)  Meat products, whether fresh or canned;

 

(3)  Dairy products, including milk;

 

(4)  Cereal products, whether hot or cold;

 

(5)  Vegetables, whether canned or fresh;

 

(6)  Fruit, whether canned or fresh; and

 

(7)  Snack foods.

 

          (b)  The following limitations shall apply:

 

(1)  Hardware, fishing tackle, so called sundry items and the like shall not be counted grocery stock for the purposes of the minimum required wholesale inventory; and

 

(2)  Partially used or open containers of food shall not be counted as grocery stock for the purposes of the minimum required wholesale inventory, with the exception of deli meats, cheeses, and salads.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss and moved by #6391, eff 11-28-96 (from Liq 404.03), EXPIRED: 11-28-04

 

New.  #8243, eff 12-31-04, EXPIRED: 12-31-12

 

New.  #10322, INTERIM, eff 4-25-13, EXPIRED: 10-22-13

 

New.  #10643, eff 7-18-14

 

          Liq 404.03  Use of Cocktail Lounges.  The cocktail lounge shall be maintained solely as such except when:

 

          (a)  All alcoholic beverage and liquor is secured or removed from the cocktail lounge; and

 

          (b)  No liquor is served, sold, or consumed in the cocktail lounge.

 

Source.  (See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss and moved by #6391, eff 11-28-96 (from Liq 404.04), EXPIRED: 11-28-04

 

New.