New Hampshire Revised Statutes 180:1 – Definitions
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I. “Beverage distributors agreement” means a commercial relationship, not necessarily in writing, of definite or indefinite duration, between a beverage manufacturer license holder, brew pub, or beverage vendor, and a wholesale distributor, pursuant to which the wholesale distributor has been authorized to distribute one or more of the brewer‘s brands of beverages. A beverage distributors agreement shall not be considered to be a franchise relationship. The performance or accomplishment of any of the following acts shall constitute prima facie evidence of an agreement:
(a) The shipment or preparation for shipment of fermented malt beverages by any beverage manufacturer, beverage vendor, or its agents to a wholesale distributor within this state;
(b) The acceptance of any order for fermented malt beverages by any brew pub, beverage manufacturer, beverage vendor, or its agents to a wholesale distributor within this state; or
(c) The payment by a wholesale distributor and the acceptance of payment by any beverage manufacturer, brew pub, beverage vendor, or its agent or the shipment of an order for beverages intended for sale within this state.
II. “Beverage sales territory” means the area of primary sales responsibility expressly or impliedly designated by any agreement between a wholesale distributor and a brew pub, beverage manufacturer, or beverage vendor for the brand or label of a beverage manufacturer or brew pub, or an area designated in a filing with the state liquor commission for self-distribution by a brew pub or beverage manufacturer.
III. “Good cause” means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential and reasonable requirement imposed by either party.
IV. “Wholesale distributor licensee” means any person offering beverages for sale or resale to retailers without regard to whether the business of the person is conducted under the terms of an agreement with a beverage manufacturer, brew pub, or beverage vendor.
(a) The shipment or preparation for shipment of fermented malt beverages by any beverage manufacturer, beverage vendor, or its agents to a wholesale distributor within this state;
Terms Used In New Hampshire Revised Statutes 180:1
- Beverage vendor: means an individual, partnership, limited liability company, or corporation, including any subsidiaries thereof, which sells beverages or specialty beverages to wholesale distributors. See New Hampshire Revised Statutes 175:1
- Brew pub: means a manufacturer of beer, specialty beer, or cider not exceeding 2,500 barrels annually, which as a functional part of its business, maintains a full service restaurant serving the beer it manufactures as well as other beverage and liquor as allowed by N. See New Hampshire Revised Statutes 175:1
- Brewer: means a person who owns or operates a brewery. See New Hampshire Revised Statutes 175:1
- Commission: means the state liquor commission. See New Hampshire Revised Statutes 175:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- License: means the authority granted by the commission to engage in the sale of liquor, wine, beverages, tobacco products, or e-cigarettes otherwise unlawful unless evidenced by such document. See New Hampshire Revised Statutes 175:1
- Liquor: means all distilled and rectified spirits, alcohol, wines, fermented and malt liquors and cider, of over 6 percent alcoholic content by volume at 60 degrees Fahrenheit. See New Hampshire Revised Statutes 175:1
- Person: means an individual, partnership, limited liability company or corporation. See New Hampshire Revised Statutes 175:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Wholesale distributor: means a person licensed by the commission to engage in the purchase of beverages only from the holders of wholesale distributor licenses, beverage manufacturer licenses, beverage vendor licenses, brew pub licenses, or nano brewery licenses. See New Hampshire Revised Statutes 175:1
(b) The acceptance of any order for fermented malt beverages by any brew pub, beverage manufacturer, beverage vendor, or its agents to a wholesale distributor within this state; or
(c) The payment by a wholesale distributor and the acceptance of payment by any beverage manufacturer, brew pub, beverage vendor, or its agent or the shipment of an order for beverages intended for sale within this state.
II. “Beverage sales territory” means the area of primary sales responsibility expressly or impliedly designated by any agreement between a wholesale distributor and a brew pub, beverage manufacturer, or beverage vendor for the brand or label of a beverage manufacturer or brew pub, or an area designated in a filing with the state liquor commission for self-distribution by a brew pub or beverage manufacturer.
III. “Good cause” means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential and reasonable requirement imposed by either party.
IV. “Wholesale distributor licensee” means any person offering beverages for sale or resale to retailers without regard to whether the business of the person is conducted under the terms of an agreement with a beverage manufacturer, brew pub, or beverage vendor.