New Hampshire Revised Statutes 180:2 – Acts Prohibited
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No beverage manufacturer license holder, brew pub, or beverage vendor shall:
I. Induce, coerce, or attempt to induce or coerce, any wholesale distributor licensee to accept delivery of any beverage or any other commodity which has not been ordered by the wholesale distributor, provided that recommendation, endorsement, exposition, persuasion or argument shall not be deemed to constitute inducement or coercion prohibited under this paragraph.
II. Require a wholesale distributor to assent to any condition, stipulation, or provision limiting the wholesale distributor’s right to sell the product of any other beverage manufacturer, brew pub, or beverage vendor anywhere in the state, provided that the acquisition of the product of another beverage manufacturer, brew pub, or beverage vendor in the reasonable judgment of the beverage manufacturer, brew pub, or beverage vendor, would materially impair the quality of service or quantity of sales of the existing brand or label of the beverage manufacturer, brew pub, or beverage vendor seeking to impose the condition, stipulation or provision.
III. After designating a sales territory for which any wholesale distributor shall be primarily responsible, enter into any agreement with any other wholesale distributor for the purpose of establishing an additional agreement for its brand or label in the same territory served by a wholesale distributor with that particular brand or label, or file with the commission for self-distribution in the designated territory. No wholesale distributor, brew pub, or beverage manufacturer shall make any sale or delivery of a beverage to any on-premises or off-premises licensee whose place of business is not within the territory designated.
IV. Unreasonably require or prohibit any change in management or personnel of any wholesale distributor.
V. Unreasonably withhold consent to any assignment, transfer or sale of the wholesale distributor’s business.
VI. Fix or maintain the price at which a wholesale distributor sells any product, whether by means of a term or condition of an agreement or otherwise.
VII. Induce, coerce, or attempt to induce or coerce, any wholesale distributor to do any illegal act or thing by threatening to amend, cancel, terminate, or refuse to renew any agreement existing between a beverage manufacturer, brew pub, or beverage vendor and a wholesale distributor.
VIII. Take retaliatory action against a wholesale distributor who files or manifests an intention to file a complaint of alleged violation of state or federal law or regulation by the beverage manufacturer, brew pub, or beverage vendor with the appropriate state or federal regulatory authority. Retaliatory action shall include, but shall not be limited to, refusal without good cause to continue the agreement.
IX. Require any wholesale distributor to waive compliance with any provisions of this chapter. In all cases the rights of free association of both beverage manufacturers, brew pubs, or beverage vendors and wholesale distributors for any lawful purpose shall remain unrestricted and uninhibited.
I. Induce, coerce, or attempt to induce or coerce, any wholesale distributor licensee to accept delivery of any beverage or any other commodity which has not been ordered by the wholesale distributor, provided that recommendation, endorsement, exposition, persuasion or argument shall not be deemed to constitute inducement or coercion prohibited under this paragraph.
Terms Used In New Hampshire Revised Statutes 180:2
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- 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
II. Require a wholesale distributor to assent to any condition, stipulation, or provision limiting the wholesale distributor’s right to sell the product of any other beverage manufacturer, brew pub, or beverage vendor anywhere in the state, provided that the acquisition of the product of another beverage manufacturer, brew pub, or beverage vendor in the reasonable judgment of the beverage manufacturer, brew pub, or beverage vendor, would materially impair the quality of service or quantity of sales of the existing brand or label of the beverage manufacturer, brew pub, or beverage vendor seeking to impose the condition, stipulation or provision.
III. After designating a sales territory for which any wholesale distributor shall be primarily responsible, enter into any agreement with any other wholesale distributor for the purpose of establishing an additional agreement for its brand or label in the same territory served by a wholesale distributor with that particular brand or label, or file with the commission for self-distribution in the designated territory. No wholesale distributor, brew pub, or beverage manufacturer shall make any sale or delivery of a beverage to any on-premises or off-premises licensee whose place of business is not within the territory designated.
IV. Unreasonably require or prohibit any change in management or personnel of any wholesale distributor.
V. Unreasonably withhold consent to any assignment, transfer or sale of the wholesale distributor’s business.
VI. Fix or maintain the price at which a wholesale distributor sells any product, whether by means of a term or condition of an agreement or otherwise.
VII. Induce, coerce, or attempt to induce or coerce, any wholesale distributor to do any illegal act or thing by threatening to amend, cancel, terminate, or refuse to renew any agreement existing between a beverage manufacturer, brew pub, or beverage vendor and a wholesale distributor.
VIII. Take retaliatory action against a wholesale distributor who files or manifests an intention to file a complaint of alleged violation of state or federal law or regulation by the beverage manufacturer, brew pub, or beverage vendor with the appropriate state or federal regulatory authority. Retaliatory action shall include, but shall not be limited to, refusal without good cause to continue the agreement.
IX. Require any wholesale distributor to waive compliance with any provisions of this chapter. In all cases the rights of free association of both beverage manufacturers, brew pubs, or beverage vendors and wholesale distributors for any lawful purpose shall remain unrestricted and uninhibited.