CHAPTER 179 ENFORCEMENT, REQUIREMENTS AND PENALTIES
Advertising
Section 179:31
179:31 Advertising Restrictions. –
I. Advertising or promotion of liquor or beverages by the use of billboards, sound trucks, or outdoor internally illuminated screen displays is prohibited.
II. (a) Manufacturers, wholesale distributors, rectifiers, or wine and liquor vendors or their salespersons may distribute samples of their products to licensees for purposes of tasting. The following restrictions shall apply:
(1) All liquor or wine for this purpose shall be purchased from the commission, except as provided in RSA 178:6, VI, RSA 178:6, IX, RSA 178:7, V, and RSA 178:7, VI. The cost shall be no more than the commission's original cost paid by the commission plus 8 percent.
(2) All beverage, wine, or liquor samples may be added to the retailer's inventory for sale.
(3) All beverage furnished as samples shall be considered sales for the requirements of RSA 178:26.
(b) Total samples distributed under this paragraph by any manufacturer, wholesale distributor, rectifier, or wine or liquor vendor or their salespersons shall not exceed the following in any calendar year per licensee:
(1) One 6-pack of beer.
(2) Two 750 ml. bottles of wine.
(3) One 750 ml. bottle of liquor.
(4) One 4-pack, or the product's normal marketing unit, of wine coolers.
III. Liquor and wine representatives or salespersons shall not enter state operated stores or warehouses operated by the commission for the purpose of sales promotion or to secure information regarding inventory sales movement without specific permission from the commission.
IV. The listing of retail prices on behalf of retail licensees, by a holder of a wholesale distributor license, is prohibited in all newspaper, magazine, periodical, radio or television advertising.
V. All liquor and beverage advertising, or any claims for liquor or beverage advertising shall conform with the standards set forth in regulations under the provisions of the federal Alcoholic Administration Act.
VI. Liquor and beverage advertising shall not be inconsistent with the description of the contents on labels of any such liquor or beverage.
VII. Advertising of liquor or beverages shall not contain:
(a) [Repealed.]
(b) Any subject matter or illustrations that the commission determines is reasonably likely to induce minors to drink. All coupon offers requiring consumer participation shall contain reference that the coupon offer is available only to persons of legal drinking age.
(c) Any statement that is false or misleading.
VIII. Coupon offers shall be redeemed by the vendor or the vendor's agent as specified in the offer. No redemptions shall be made by state stores.
IX. Advertising of liquor or beverages shall be consistent with the spirit of public health or safety. The commission may suspend any single advertising or promotion of liquor or beverage, at its discretion, that is inconsistent with the spirit of public health or safety.
X. It shall be the responsibility of the advertiser to insure that all advertising copy is in complete conformity with the New Hampshire laws and rules.
XI. Licensees may advertise liquor and beverage prices separately from any other advertisement or promotion.
XI-a. Notwithstanding paragraph XI, if the legislative body of a city or town adopts a provision prohibiting exterior signs or signs in view of any public way promoting the sale of liquor or beverages at reduced prices by an on-premises licensee, such signs shall not be permitted in that city or town.
XII. No holder of a beverage manufacturer license, wholesale distributor license, or beverage vendor license, and no on-premises licensee or off-premises licensee, or group thereof, shall advertise, either directly or indirectly, promoting the consumption of alcohol in any yearbook or other publication distributed predominantly to persons under 21 years of age.
XIII. On-premises licensees shall make food readily available to guests any time alcoholic beverages are being advertised or promoted at a reduced price.