New Hampshire Revised Statutes 178:12 – Beverage Manufacturer License
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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 for the manufacturer’s premises, providing all requirements of the license are fulfilled. The annual fee for each license issued under this section shall be as required under N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 178:12-b.
X. The holder of a beverage manufacturer license may be issued a tenant brewer license under N.H. Rev. Stat. § 178:12-b if the licensee meets the requirements of N.H. Rev. Stat. § 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.
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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
II. The holder of a beverage manufacturer license may be issued one on-premises license for the manufacturer’s premises, providing all requirements of the license are fulfilled. The annual fee for each license issued under this section shall be as required under N.H. Rev. Stat. § 178:29.
Terms Used In New Hampshire Revised Statutes 178:12
- Alcohol: means that substance known as ethyl alcohol or hydrated oxide of ethyl alcohol which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, including all solids, powders, crystals, dilutions and mixtures of these substances. See New Hampshire Revised Statutes 175:1
- Beer: means beer, specialty beer as defined by N. See New Hampshire Revised Statutes 175:1
- Beverage manufacturer retail outlet: means an outlet for the sale, sampling, and promotion of beverages and other products manufactured by a beverage manufacturer licensee. See New Hampshire Revised Statutes 175:1
- Brewer: means a person who owns or operates a brewery. See New Hampshire Revised Statutes 175:1
- Cider: means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, containing not less than
1/2 of one percent alcohol by volume at 60 degrees Fahrenheit, which may contain flavoring, coloring or related ingredients and may be carbonated or fermented in a sealed container to produce a sparkling beverage or liquor. See New Hampshire Revised Statutes 175:1 - Commission: means the state liquor commission. See New Hampshire Revised Statutes 175:1
- Contract: A legal written agreement that becomes binding when signed.
- Contract brewer: means a brewery hired by a beverage manufacturer, nano brewery, or brew pub to produce a beverage for the beverage manufacturer. See New Hampshire Revised Statutes 175:1
- Contract brewing arrangement: means a business relationship in which a beverage manufacturer, nano brewery, or brew pub pays another brewer to produce a beverage for the beverage manufacturer, nano brewer, or brew pub for sale. See New Hampshire Revised Statutes 175:1
- Host brewer: means a beverage manufacturer who has entered into host-tenant partnership with a tenant brewer licensed under N. 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
- Licensee: means the person to whom a license of any kind is issued by the commission. See New Hampshire Revised Statutes 175:1
- Person: means an individual, partnership, limited liability company or corporation. See New Hampshire Revised Statutes 175:1
- Premises: means and includes all parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest and which the licensee uses in the operation of the licensed business, and which have been approved by the commission as proper places in which to exercise the licensee's privilege. See New Hampshire Revised Statutes 175:1
- Retail outlet: means any florist shop, grocery or convenience store, department store, drug store, restaurant, hotel, motel, or any other retail establishment approved by the commission. See New Hampshire Revised Statutes 175:1
- Specialty beer: means any beer as defined in N. See New Hampshire Revised Statutes 175:1
- Specialty cider: means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, either of which contains not less than 8 percent and not more than 12 percent alcohol by volume at 60 degrees Fahrenheit. 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
- Statute: A law passed by a legislature.
- Tenant brewer: means a person who has a brewer's notice approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau allowing the person to engage in an alternating brewery proprietorship. See New Hampshire Revised Statutes 175:1
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 178:12-b.
X. The holder of a beverage manufacturer license may be issued a tenant brewer license under N.H. Rev. Stat. § 178:12-b if the licensee meets the requirements of N.H. Rev. Stat. § 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.
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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.