N.H. Rev. Stat. § 178:12

Current through the 2024 Legislative Session

Section 178:12 - Beverage Manufacturer License

I. Beverage manufacturer licenses shall authorize the licensee to manufacture beverages and specialty beverages within the state and to sell the beverages manufactured to wholesale distributors.

II. The holder of a beverage manufacturer license may be issued one on-premises license , providing all requirements of the license are fulfilled. For the purposes of this paragraph, the on-premises license shall either be on the premises of the manufacturing facility or on the premises of the beverage manufacturing retail outlet. The annual fee for each license issued under this section shall be as required under RSA 178:29.

II-a. The holder of a beverage manufacturer license may sell beverage samples to visitors of legal drinking age for consumption on the premises where the beverages were manufactured. A beverage manufacturer may either provide samples for free or for a fee which shall be limited to one 4-ounce glass per label or one 16-ounce glass per person. At such times as food is available, a beverage manufacturer may serve no more than 2 16-ounce glasses per person in any areas approved by the commission. For the purpose of this section, food and non-alcoholic beverages may be provided by a properly-licensed third party food vendor, prepared on or off the premises.

II-b. Each beverage manufacturer shall have the right to manufacture beverages and specialty beer as defined by RSA 175:1 at the beverage manufacturer's New Hampshire licensed premises, to sell those beverages and specialty beers to New Hampshire wholesalers and at one beverage manufacturer retail outlet as defined in RSA 175:1, IX-a, in quantities provided by statute, and transport said beverages and specialty beer to the state line. The beverage manufacturer shall pay an annual fee of $336 to the commission for the beverage manufacturer retail outlet. The beverage manufacturer may transport beverages it manufactures to its beverage manufacturer retail outlet for sample or sale. Visitors of legal drinking age at the beverage manufacturer retail outlet may be provided with samples of beverages manufactured by the licensee in this state for tasting. A beverage manufacturer may either provide samples for free or for a fee which shall be limited to one 4-ounce sample per label or one 16-ounce glass per person. At such times as food is available, a beverage manufacturer may serve no more than one additional 16-ounce glasses per person in any areas approved by the commission. For the purpose of this section, food and non-alcoholic beverages may be provided by a properly-licensed third party food vendor, prepared on or off the premises.

III. The holder of a beverage manufacturer license may operate a hospitality room on the premises in which the licensee may make available to employees and visitors of legal drinking age for on-premises consumption free of charge samples of beverages manufactured or distributed in the United States by the beverage manufacturer. The hospitality room shall require commission approval in respect to its location, service facilities, and seating arrangements.

IV.

(a) The holder of a beverage manufacturer license may sell beverages manufactured on its premises or manufactured by the licensee at a host brewer facility to:

(1) The licensee's employees who are of legal drinking age at such discounts as are customary in the business;

(2) The general public for off-premises consumption; or

(b) A holder of a beverage manufacturer license who manufactures 15,000 barrels or less during its licensing period may elect to distribute its beverages directly to retail licensees and/or to distribute its beverages pursuant to RSA 180, provided that total in-state direct retail sales do not exceed 5,000 barrels.

IV-a. A holder of a beverage manufacturer license may transport its products to a farmers' market, and may sell such products at retail in the original container.

V. Beverage manufacturers shall pay a fee as required by RSA 178:26 for each gallon of beverage sold or provided under paragraphs III, IV, and IV-a.

VI. The holder of a beverage manufacturer license may sell beverages manufactured on its premises or manufactured by the licensee at a host brewer facility to New Hampshire wholesalers, subject to the conditions of RSA 180.

VII. Beverage manufacturers may hire representatives to promote their products, who shall carry a copy of the beverage manufacturer's license and a letter authorizing them to conduct business for the manufacturer on their person at all times when conducting the beverage manufacturer's business.

VIII. Each beverage manufacturer shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state. A beverage manufacturer in a contract brewing arrangement may transport the beverage produced by the contract brewer in barrels, kegs, bottles, or other closed containers within the state for storage or to the state border for transportation and sale outside the state.

IX. The holder of a beverage manufacturer license may act as a host brewer for one or more tenant brewers licensed under RSA 178:12-b.

X. The holder of a beverage manufacturer license may be issued a tenant brewer license under RSA 178:12-b if the licensee meets the requirements of RSA 178:12-b. Beer or specialty beer produced or packaged by a beverage manufacturer as a tenant brewer at a host brewer facility shall be included in the production and sales limits in subparagraph IV(b).

XI. A beverage manufacturer may enter into a contract brewing arrangement with a contract brewer. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the beverage manufacturer's facility or at some other facility accessible only to the beverage manufacturer. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A contract brewer shall file all contract brewing arrangements with the commission.

(a) Beverage manufacturer license holders with an annual production under 2,500 barrels shall not enter into a contract brewing arrangement with a contract brewer if the licensee does not brew at least 10 barrels annually.

(b) Beverage manufacturer license holders with an annual production under 2.500 barrels may enter into a contract brewing arrangement after the licensee has been in operation for one year.

XII. Beverage manufacturers, tenant brewers, and contract brewers shall be allowed to store beverages manufactured in accordance with the provisions of this title in a storage facility licensed by the commission. Beverage manufacturers, tenant brewers, and contract brewers storing beverages in a warehouse licensed under RSA 178:11, or other facility approved by the commissioner for the purpose of storing alcohol, shall keep records of the type, quality and destination of beverages removed from storage. Such records shall be retained by the beverage manufacturer, tenant brewer, or contract brewer using the facility and shall be made available to the commission upon request.

XIII. The holder of a beverage manufacturer's license may produce a "specialty cider" as defined in RSA 175:1, LXIV-aa. Such specialty cider may be produced and sold not more than twice in any licensing year. A beverage manufacturer that chooses to manufacture a specialty cider shall:

(a) Provide 30 days advanced notice to the commission of the intent to produce a specialty cider.

(b) Provide the commission with an estimated quantity of specialty cider to be produced and shall report to the commission the production of specialty cider separately from other beverages produced.

(c) Not produce more than 1,000 cases holding 24 12-ounce containers, or the equivalent, in a licensing year.

(d) Notify the commission after the production of specialty cider has ended during a licensing year.

XIV. For an additional annual fee of $120, any beverage manufacturer licensee with an annual production under 2,500 barrels annually, may transport its products to a wine manufacturer's facility licensed under RSA 178:8, for the purpose of sampling or selling its products. Samples may be sold or given away. Retail sales made at the wine manufacturer's facility shall be limited to products in their unopened original containers and to customers and persons of legal drinking age. Beverage manufacturer licensees with an annual production under 2,500 barrels annually shall be subject to the following additional limitations under this section:

(a) Beverage manufacturer licensees with an annual production under 2,500 barrels annually shall be limited to one sampling event per day.

(b) The products of a beverage manufacturer licensees with an annual production under 2,500 barrels annually shall conform to the normal business hours of the winery licensee.

(c) Sample sizes shall be limited to one 16-ounce glass per person if no food is available and 2 16-ounce glasses if food is available.

(d) Products produced by a beverage manufacturer licensee with an annual production under 2,500 barrels annually that are brought to a sampling event shall be brought to the wine manufacturer's facility on the day of the event and all such products shall be removed at the end of the event.

(e) A beverage manufacturer licensee with an annual production under 2,500 barrels annually shall notify the commission of the date, times, and location of each sampling event not less than 5 days before each event.

XV. No unopened container sold by a beverage manufacturer licensee shall be opened or consumed on the licensee's premises.

RSA 178:12

Amended by 2024, 381:8, eff. 7/1/2024.

Amended by 2024, 381:7, eff. 7/1/2024.

Amended by 2024, 184:2, eff. 9/10/2024.

Amended by 2021 , 180: §§1, 6eff. 7/1/2021.

Amended by 2020 , 37: 137, eff. 7/29/2020.

Amended by 2019 , 68: 3, eff. 6/6/2019.

Amended by 2018 , 199: 2, §3eff. 8/7/2018.

Amended by 2018 , 285: 2, eff. 6/21/2018.

Amended by 2017 , 232: 1, eff. 7/1/2017.

Amended by 2015 , 9: 4, eff. 7/1/2015.

Amended by 2014 , 200: §§3, 4, 5eff. 7/1/2014.

Amended by 2012 , 140: 2, eff. 8/6/2012.

2003, 231 : 13 . 2007, 20 : 3 . 2012, 140 : 2 , eff. Aug. 6, 2012. 2014, 200 : 3 -5, eff. July 1, 2014. 2015, 9 : 4 , eff. July 1, 2015. 2017, 232 : 1 , eff. July 1, 2017. 2018, 199 : 2 , 3, eff. Aug. 7, 2018; 285:2, eff. June 21, 2018. 2019, 68 : 3 , eff. June 6, 2019. 2020, 37 : 137 , eff. July 29, 2020. 2021, 180 : 1 , 6, eff. July 1, 2021.