New Hampshire Revised Statutes 178:30 – Beer and Specialty Beverage Festival Licenses
Current as of: 2023 | Check for updates
|
Other versions
I. The commission may issue a supplemental beer and specialty beverage festival license to the holder of a beverage manufacturer license, brew pub license, wholesale distributors license, beverage vendor license, on-premises license, or off-premises license. The commission may also issue a beer and specialty beverage festival license to a responsible person representing a voluntary nonprofit group or such group’s designee. Notwithstanding any other provisions of law, the holder of a license under this section shall be allowed to organize, advertise, and hold an event not exceeding 3 days in length, promoting the products of the beverage industry. The provisions of N.H. Rev. Stat. § 178:22, I, III, and IV shall apply to any license issued under this section. The sales and services of alcoholic beverages shall be in a clearly defined area. Applications for a license under this section shall be filed with the commission 15 working days before the date on which the license is needed.
II. For purposes of regulation, any person issued a license under paragraph I shall be subject to all applicable statutory provisions and rules adopted under this title, except as directed by this section. Any violations committed by a supplemental licensee shall be considered violations against the applicant’s annual or seasonal license.
III. No alcohol other than beverages, specialty beverages, and specialty beer shall be served under this license.
IV. Holders of a license issued under paragraph I may temporarily register beverages, specialty beverages, and specialty beer not currently registered for sale in New Hampshire. Registration shall be on forms provided by the commission. Registration forms shall be filed with the commission and an administration fee of $10 per brand registered shall be assessed. Temporary registration of beverages, specialty beverages, and specialty beer shall not be allowed once a registration form is filed with the commission. Any temporary registration filed under this paragraph shall expire upon the termination of the event or shall not exceed 3 consecutive days, whichever is longer.
V. Beverages, specialty beverages, and specialty beer registered with the commission under paragraph IV shall be purchased by the holder of the license. Additionally, fees of $.30 per gallon of beverages or specialty beer, or a fee of 5 percent of the wholesale price per case of any specialty beverage, purchased under this paragraph shall be paid to the commission by the licensee within 10 business days of the expiration of the license. Payment shall be accompanied by any forms and documentation required by the commission.
VI. Beverages, specialty beverages, and specialty beer purchased under paragraph V which are partially consumed or not consumed shall be returned to the supplier for credit or shall be destroyed.
VII. Notwithstanding any other provision of this chapter, holders of beverage manufacturer, beverage vendor, wholesaler, and brew pub licenses or any other industry member not licensed in New Hampshire may furnish draft beer equipment and/or representatives to dispense and promote their beverages, specialty beverages, and specialty beer at licensed beer festivals.
VIII. (a) No license shall be issued under paragraph I unless the applicant obtains:
(1) Official approval of the chief of the local fire department as to the safety of the location; and
(2) Official approval of the local health department concerning sanitary conditions; and
(3) Official approval of the local police department as to the accessibility and public safety of the location and the event.
(b) Written statements from such officials shall accompany the application for a license issued under paragraph I. The selectmen, city council, city manager, or town administrator may at their discretion, assign police officers to the location of the event where alcoholic beverages are served.
IX. Notwithstanding any other provision of law, the commission or its investigators may suspend, without warning, any license issued under paragraph I, if in their opinion, such continued sale or service of alcoholic beverages is contrary to the public interest.
II. For purposes of regulation, any person issued a license under paragraph I shall be subject to all applicable statutory provisions and rules adopted under this title, except as directed by this section. Any violations committed by a supplemental licensee shall be considered violations against the applicant’s annual or seasonal license.
Terms Used In New Hampshire Revised Statutes 178:30
- 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 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
- Commission: means the state liquor commission. See New Hampshire Revised Statutes 175:1
- Designee: means a person designated in writing by the owner or operator of a business to hold the liquor license for that particular business. 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
- Specialty beer: means any beer as defined in N. See New Hampshire Revised Statutes 175:1
- Specialty beverage: means any wine based product or liquor based product with other liquids added for human consumption having a combined alcoholic content of not less than 6 percent alcohol by volume and not more than 8 percent alcohol by volume at 60 degrees Fahrenheit and sold in single serve ready to drink containers that shall not exceed 16 ounces. See New Hampshire Revised Statutes 175:1
III. No alcohol other than beverages, specialty beverages, and specialty beer shall be served under this license.
IV. Holders of a license issued under paragraph I may temporarily register beverages, specialty beverages, and specialty beer not currently registered for sale in New Hampshire. Registration shall be on forms provided by the commission. Registration forms shall be filed with the commission and an administration fee of $10 per brand registered shall be assessed. Temporary registration of beverages, specialty beverages, and specialty beer shall not be allowed once a registration form is filed with the commission. Any temporary registration filed under this paragraph shall expire upon the termination of the event or shall not exceed 3 consecutive days, whichever is longer.
V. Beverages, specialty beverages, and specialty beer registered with the commission under paragraph IV shall be purchased by the holder of the license. Additionally, fees of $.30 per gallon of beverages or specialty beer, or a fee of 5 percent of the wholesale price per case of any specialty beverage, purchased under this paragraph shall be paid to the commission by the licensee within 10 business days of the expiration of the license. Payment shall be accompanied by any forms and documentation required by the commission.
VI. Beverages, specialty beverages, and specialty beer purchased under paragraph V which are partially consumed or not consumed shall be returned to the supplier for credit or shall be destroyed.
VII. Notwithstanding any other provision of this chapter, holders of beverage manufacturer, beverage vendor, wholesaler, and brew pub licenses or any other industry member not licensed in New Hampshire may furnish draft beer equipment and/or representatives to dispense and promote their beverages, specialty beverages, and specialty beer at licensed beer festivals.
VIII. (a) No license shall be issued under paragraph I unless the applicant obtains:
(1) Official approval of the chief of the local fire department as to the safety of the location; and
(2) Official approval of the local health department concerning sanitary conditions; and
(3) Official approval of the local police department as to the accessibility and public safety of the location and the event.
(b) Written statements from such officials shall accompany the application for a license issued under paragraph I. The selectmen, city council, city manager, or town administrator may at their discretion, assign police officers to the location of the event where alcoholic beverages are served.
IX. Notwithstanding any other provision of law, the commission or its investigators may suspend, without warning, any license issued under paragraph I, if in their opinion, such continued sale or service of alcoholic beverages is contrary to the public interest.