§ 178:6 — Liquor Manufacturer License

New Hampshire § 178:6

• Jurisdiction: New Hampshire
• Title XIII: ALCOHOLIC BEVERAGES
• Ch. 178: LIQUOR LICENSES AND FEES

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I. A liquor manufacturer licensee must ferment and distill liquor from raw materials, and may blend, age, and bottle those liquors or wine produced at the licensed premises in this state. A liquor manufacturer licensee may sell the liquor it manufactures to the commission for resale in this state and may transfer in bond to other licensed rectifiers, wine manufacturers, and liquor manufacturers.
II. No liquor manufactured, blended, or bottled in this state by any manufacturer shall be sold or delivered in this state in any manner which is inconsistent with the provisions of this title.
III. Each liquor manufacturer shall have the right to sell at retail at its licensed manufacturing facility no more than the equivalent of 3,000 9-liter cases for off-premises consumption any of its liquor. Each retail sale shall be limited to one 9-liter case or less per sale. No liquor manufacturer shall sell more than 12 9-liter cases of liquor to any one customer in any calendar year.
III-a. Each liquor manufacturer licensed to distill less than 1,000 cases of liquor per year may sell at retail at its facility for off-premises consumption any of its liquor. Each retail sale shall be limited to one 9-liter case or less per sale. No liquor manufacturer licensed to distill less than 1,000 cases of liquor per year shall sell more than 12 9-liter cases of liquor to any one customer in any calendar year.
IV. (a) A liquor manufacturer may provide to visitors of legal drinking age at its facility samples of liquor manufactured on the premises for tasting. Samples may be provided either free or for a fee and shall be limited to one 1/2-ounce sample per label per person. Samples sold under this section shall be subject to fees as established in paragraph VI. A liquor manufacturer that operates and produces liquor solely within the state may transport to and sell up to 830 9-liter cases of its products in a calendar year at a farmers market at retail in the original sealed containers and may offer samples as provided in this subparagraph.
(b) A liquor manufacturer may offer food and nonalcoholic beverages on premises. A liquor manufacturer that offers food on premises may provide to visitors of legal drinking age at its facility in any area approved by the commission, either free or for a fee, liquor produced on premises by the liquor manufacturer which shall be limited to 1/2 ounce per label and one cocktail per person with no more than 11/2 ounces of liquor produced by the liquor manufacturer per cocktail, or 2 cocktails per person with no more than 11/2 ounces of liquor produced by the liquor manufacturer per cocktail. For the purpose of this subparagraph, food and nonalcoholic beverages may be provided by a properly licensed third-party food vendor, prepared on or off the premises.
V. Notwithstanding paragraph III, no liquor manufacturer shall sell at its facility any of its liquor to on-premises licensees.
VI. Each liquor manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under paragraph III and samples distributed under paragraph IX and shall pay to the commission monthly a fee equal to 8 percent of such sales or 8 percent of the retail value of such samples on or before the fifteenth day of the month following the sale or the sample distribution.
VII. The commission shall adopt rules, pursuant to RSA 541-A, relative to reports of liquor manufacturers under paragraph VI.
VIII. Each liquor manufacturer shall have the right to transport the liquor it manufactures, blends, or bottles in bottles or other closed containers to the state border for transportation and sale outside the state to holders of a United States basic permit issued under the Federal Alcohol Administration Act.
IX. Each liquor manufacturer selling no more than the equivalent of 3,000 9-liter cases of liquor per year at its licensed manufacturing facility shall have the right to distribute samples directly to on-premises and agency store licensees for tasting on the licensed premises in accordance with RSA 179:44.
X. The holder of a liquor manufacturer license may be issued one on-premises license for the manufacturer's premises, providing all requirements of the license are fulfilled.
XI. A liquor manufacturer may be issued a tenant manufacturer license under RSA 178:6-a if the licensee meets the requirements of RSA 178:6-a. Liquor produced or packaged by a liquor manufacturer licensee, as a tenant liquor manufacturer at a host manufacturers' facility, shall be included in the production reports submitted to the commission. No alcohol may be sold by the liquor manufacturer in any manner which is inconsistent with the provisions of this title.
XII. A liquor manufacturer may enter into a contract liquor manufacturer arrangement with a contract liquor manufacturer, manufacturing in the state of New Hampshire after the liquor manufacturer has been in operation for one year. Liquor produced by a contract liquor manufacturer intended for sale outside the state may be warehoused at the contract liquor manufacturer's facility or at some other facility accessible only to the liquor manufacturer. A contract liquor manufacturer shall not deliver liquor to on-premises and off-premises licensees within the state. A liquor manufacturer shall file all contract liquor manufacturer arrangements with the commission.
XIII. The liquor manufacturer shall submit to the liquor commission an annual report of all liquor by:
(a) The liquor manufacturer on-site.
(b) Any tenant liquor manufacturer.
(c) Any contract liquor manufacturer the liquor manufacturer has contracted with under paragraph X.
XIV. All taxes due on product that is made by a contract liquor manufacturer shall be paid by the liquor manufacturer.

Legislative History

2003, 231:13. 2005, 223:1, eff. July 5, 2005. 2014, 306:3, 4, eff. Sept. 30, 2014. 2015, 9:1, eff. July 1, 2015; 169:1, eff. Aug. 25, 2015; 215:3, 4, eff. Sept. 4, 2015. 2021, 173:2, eff. Sept. 28, 2021. 2022, 120:1, eff. July 1, 2022; 145:2, eff. July 1, 2022. 2023, 202:1, eff. Jan. 1, 2024. 2024, 321:6, eff. Oct. 1, 2024; 338:8, eff. Oct. 1, 2024.