New Hampshire Revised Statutes 178:1 – Licenses Required; Enforceability of Contracts
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I. No person shall manufacture for sale, or sell in any method or manner, directly or indirectly, or distribute by selling, transferring, giving, or delivering to another, or leaving, bartering, or exchanging with another, or offering or agreeing to do the same, in any method or manner, directly or indirectly, or keep for sale any liquor or beverage without first registering to do business with the secretary of state and obtaining a license for such activity under the provisions of this title. Any violation of this section shall be a class B felony for each violation.
II. Any name or trade name displayed outside a business licensed under this chapter shall be registered with the secretary of state by the applicant for the licenses issued under this title. If the name or trade name is owned by someone other than the user, the user shall obtain the consent to use that name or trade name from the registered owner.
For details, see N.H. Rev. Stat. 651:2
III. Any person applying for a liquor and wine representative license shall have been a New Hampshire resident, or shall have at least one director, officer, or partner who has been a New Hampshire resident for at least 3 years immediately preceding the date of the application.
IV. All contracts and agreements entered into by liquor and wine representatives shall be enforceable under New Hampshire laws and shall have termination notices of not less than 60 days.
V. Notwithstanding any other provisions of law, each club-bottle as defined in N.H. Rev. Stat. § 175:1, XVII shall register to do business with the secretary of state. Nothing contained in this chapter shall be construed to permit the operator of a club-bottle to sell beverage or liquor, directly or indirectly, or otherwise replace beverage or liquor, consumed by persons over 21 years of age and holding lawful title, for a fee or anything of value.
VI. No person shall sell tobacco products or e-cigarettes to individuals or the public in any method or manner, directly or indirectly, or keep for sale any tobacco products or e-cigarettes without first registering to do business with the secretary of state and obtaining a license for such activity under the provisions of this title. The commission shall provide a list of persons licensed under this section to the commissioner of the department of revenue administration upon request.
VII. No educational, political, charitable, or other nonprofit organization shall be required to obtain a license from the commission to offer wine and/or liquor for auction in order to fundraise for such organization so long as the total retail value of the wine and/or liquor offered for auction is $500 or less.
II. Any name or trade name displayed outside a business licensed under this chapter shall be registered with the secretary of state by the applicant for the licenses issued under this title. If the name or trade name is owned by someone other than the user, the user shall obtain the consent to use that name or trade name from the registered owner.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 178:1
- Club-bottle: means a business, organized under the laws of this state, which maintains a premises that permits the storage of and the consumption of beverage or liquor and that operates with persons who, with or without compensation, furnish support services for the consumption of beverage and liquor to persons who have paid a reasonable fee for such services. See New Hampshire Revised Statutes 175:1
- Commission: means the state liquor commission. See New Hampshire Revised Statutes 175:1
- 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
- Liquor and wine representative: means a person who offers for sale or solicits orders for the sale of any liquor or wine or both. 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
- Tobacco products: means cigarettes, loose tobacco, and smokeless tobacco. See New Hampshire Revised Statutes 175:1
III. Any person applying for a liquor and wine representative license shall have been a New Hampshire resident, or shall have at least one director, officer, or partner who has been a New Hampshire resident for at least 3 years immediately preceding the date of the application.
IV. All contracts and agreements entered into by liquor and wine representatives shall be enforceable under New Hampshire laws and shall have termination notices of not less than 60 days.
V. Notwithstanding any other provisions of law, each club-bottle as defined in N.H. Rev. Stat. § 175:1, XVII shall register to do business with the secretary of state. Nothing contained in this chapter shall be construed to permit the operator of a club-bottle to sell beverage or liquor, directly or indirectly, or otherwise replace beverage or liquor, consumed by persons over 21 years of age and holding lawful title, for a fee or anything of value.
VI. No person shall sell tobacco products or e-cigarettes to individuals or the public in any method or manner, directly or indirectly, or keep for sale any tobacco products or e-cigarettes without first registering to do business with the secretary of state and obtaining a license for such activity under the provisions of this title. The commission shall provide a list of persons licensed under this section to the commissioner of the department of revenue administration upon request.
VII. No educational, political, charitable, or other nonprofit organization shall be required to obtain a license from the commission to offer wine and/or liquor for auction in order to fundraise for such organization so long as the total retail value of the wine and/or liquor offered for auction is $500 or less.