New Hampshire Revised Statutes 178:13 – Brew Pub License
Current as of: 2023 | Check for updates
|
Other versions
I. A brew pub license shall authorize the licensee to manufacture beer or cider in quantities not to exceed 2,500 barrels annually primarily for consumption on the licensed premises.
II. A brew pub licensee may sell beer or cider manufactured on the premises or manufactured by the licensee at a host brewer facility to individuals for on-premises and off-premises consumption and to New Hampshire licensed retailers and wholesalers. A brew pub shall maintain a full service restaurant and may subsequently serve beverage and liquor as permitted by N.H. Rev. Stat. § 178:21, II(a)(1), N.H. Rev. Stat. § 178:22, V(e)(2), and N.H. Rev. Stat. § 178:22, V(q).
III. Each brew pub shall maintain records showing all transactions associated with the business and shall file reports with the commission on or before the tenth day of the following month, which shall indicate the sales made under paragraph II.
III. Each brew pub shall maintain records showing all transactions associated with the business and shall file reports with the commission on or before the fifteenth day of the following month, either electronically or in writing, which shall indicate the sales made under paragraph II.
IV. A brew pub licensee shall pay the same monthly fee as required by N.H. Rev. Stat. § 178:26 for each gallon of beverage manufactured less the quantities sold outside New Hampshire or to New Hampshire wholesalers. Fees shall be paid to the commission on or before the tenth day of the following month.
IV. A brew pub licensee shall pay the same monthly fee as required by N.H. Rev. Stat. § 178:26 for each gallon of beverage manufactured less the quantities sold outside New Hampshire or to New Hampshire wholesalers. Fees shall be paid to the commission on or before the fifteenth day of the following month.
V. Each brew pub licensee 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.
VI. A brew pub licensee may transport its products to a farmers’ market, and may sell such products at retail in the original container.
VII. A brew pub licensee 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 brew pub licensee as a tenant brewer at a host brewer facility shall be included in the production limit in paragraph I.
VIII. Any brew pub licensee manufacturing and selling cider shall pay an annual fee of $240 in addition to any other fees paid by the licensee.
IX. Each brew pub 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 brew pub 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.
X. A brew pub may enter into a contract brewing arrangement with a contract brewer brewing in the state of New Hampshire after the brew pub has been in operation for one year. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the brew pub’s facility or at some other facility accessible only to the brew pub. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A brew pub shall file all contract brewing arrangements with the commission. A brew pub shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XI. Brew pubs 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. Brew pubs 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 brew pub or contract brewer using the facility and shall be made available to the commission upon request.
XII. Annual on-site production by a brew pub shall not be less than their production for the calendar year prior to entering into an arrangement with a contract brewer. Total production including tenant and contract brewers, shall be at least 10 barrels and shall not exceed 2,500 barrels annually.
XIII. The brew pub shall submit to the liquor commission an annual report of all beverages by:
(a) The brew pub on-site.
(b) Any tenant brewer.
(c) Any contract brewer the brew pub has contracted with under paragraph X.
XIV. All taxes due on product that is made by a contract brewer shall be paid by the brew pub.
II. A brew pub licensee may sell beer or cider manufactured on the premises or manufactured by the licensee at a host brewer facility to individuals for on-premises and off-premises consumption and to New Hampshire licensed retailers and wholesalers. A brew pub shall maintain a full service restaurant and may subsequently serve beverage and liquor as permitted by N.H. Rev. Stat. § 178:21, II(a)(1), N.H. Rev. Stat. § 178:22, V(e)(2), and N.H. Rev. Stat. § 178:22, V(q).
Terms Used In New Hampshire Revised Statutes 178:13
- 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
- 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
- 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
- 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
- Full service restaurant: means a room or rooms capable of seating, at tables with chairs or at booths, at least 20 guests at one time. 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
- 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
- month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
- 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
- Specialty beer: means any beer as defined in N. 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
- 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
[Paragraph III effective until January 1, 2024; see also paragraph III set out below.]
III. Each brew pub shall maintain records showing all transactions associated with the business and shall file reports with the commission on or before the tenth day of the following month, which shall indicate the sales made under paragraph II.
[Paragraph III effective January 1, 2024; see also paragraph III set out above.]
III. Each brew pub shall maintain records showing all transactions associated with the business and shall file reports with the commission on or before the fifteenth day of the following month, either electronically or in writing, which shall indicate the sales made under paragraph II.
[Paragraph IV effective until January 1, 2024; see also paragraph IV set out below.]
IV. A brew pub licensee shall pay the same monthly fee as required by N.H. Rev. Stat. § 178:26 for each gallon of beverage manufactured less the quantities sold outside New Hampshire or to New Hampshire wholesalers. Fees shall be paid to the commission on or before the tenth day of the following month.
[Paragraph IV effective January 1, 2024; see also paragraph IV set out above.]
IV. A brew pub licensee shall pay the same monthly fee as required by N.H. Rev. Stat. § 178:26 for each gallon of beverage manufactured less the quantities sold outside New Hampshire or to New Hampshire wholesalers. Fees shall be paid to the commission on or before the fifteenth day of the following month.
V. Each brew pub licensee 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.
VI. A brew pub licensee may transport its products to a farmers’ market, and may sell such products at retail in the original container.
VII. A brew pub licensee 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 brew pub licensee as a tenant brewer at a host brewer facility shall be included in the production limit in paragraph I.
VIII. Any brew pub licensee manufacturing and selling cider shall pay an annual fee of $240 in addition to any other fees paid by the licensee.
IX. Each brew pub 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 brew pub 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.
X. A brew pub may enter into a contract brewing arrangement with a contract brewer brewing in the state of New Hampshire after the brew pub has been in operation for one year. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the brew pub’s facility or at some other facility accessible only to the brew pub. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A brew pub shall file all contract brewing arrangements with the commission. A brew pub shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.
XI. Brew pubs 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. Brew pubs 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 brew pub or contract brewer using the facility and shall be made available to the commission upon request.
XII. Annual on-site production by a brew pub shall not be less than their production for the calendar year prior to entering into an arrangement with a contract brewer. Total production including tenant and contract brewers, shall be at least 10 barrels and shall not exceed 2,500 barrels annually.
XIII. The brew pub shall submit to the liquor commission an annual report of all beverages by:
(a) The brew pub on-site.
(b) Any tenant brewer.
(c) Any contract brewer the brew pub has contracted with under paragraph X.
XIV. All taxes due on product that is made by a contract brewer shall be paid by the brew pub.