Laws and Rules

179:11 Holders of Beverage Manufacturer, Brew Pub, Beverage Vendor Importer, Wholesale Distributor, Beverage Vendor, Beverage Representative, and Other Licenses; Prohibited Interests.

I. No holder of a beverage manufacturer license, brew pub license, wholesale distributor license, beverage vendor license, beverage vendor importer license, or beverage representative license shall sell, cause to be sold, rent, lend or cause to be lo aned, or give to any on-sale or off-sale licensee or to the owner of the premises on which the business of any on-sale or off-sale licensee is to be conducted any money, equipment, furniture, fixtures or property with which the business of any on-sale or o ff-sale licensee is to be conducted, nor shall any on-sale or off-sale licensee purchase, cause to be purchased, rent, borrow, solicit or accept from any holder of a beverage manufacturer license, brew pub license, wholesale distributor license, beverage v endor license, beverage vendor importer license, or beverage representative license any money, equipment, furniture, fixtures or property with which the business of the on-sale or off-sale permittee is to be conducted, nor shall any holder of a beverage ma nufacturer license, brew pub license, wholesale distributor license, beverage vendor license, beverage vendor importer license, or beverage representative license install or service equipment, furniture, fixtures or property of any on-sale or off-sale lic ensee, except as may be designated by the commission.

II. There shall be no restriction on the number of off-sale licenses held by any person. No holder of a beverage manufacturer license, brew pub license, wholesale distributor license, beverage vendor license, beverage vendor importer license or beve rage representative license shall in any way contribute or pay any money or anything in lieu thereof to any on-sale or off-sale licensee, or the licensee's agent, or employees, or to any group, association, or organization thereof, including, but not limit ed to, payment for the placement, display or sale of any beverage. Nothing in this section shall prohibit any licensee from being a member of a club holding a permit or license under this title, nor prohibit the sale or purchase, for resale, of merchandis e or beverages for the conduct of the business of any on-sale or off-sale licensee. Nothing in this section shall prohibit a holder of a beverage manufacturer license, brew pub license, wholesale distributor license, beverage vendor license, beverage vend or importer license or beverage representative license from bringing such holder's own product from the storeroom of an on-sale or off-sale licensee to a warm shelf, display, refrigerated retail space, or refrigerated storage. Nothing in this section shal l prohibit the holder of a beverage manufacturers license, wholesaler distributor license, brew pub license, beverage vendor license, beverage vendor importer license, or beverage representative license from rotating, reorganizing, cleaning and resetting s uch holder's own product once the product is on an on-sale or off-sale licensee's warm shelf, or in an on-sale or off-sale licensee's refrigerated retail space, or refrigerated storage. Nothing in this section shall prohibit a wholesale distributor from d elivering beverages invoiced to an on-sale or off-sale retailer to the premises of a liquor/wine/beverage warehouse for storage, provided the retailer has met the provisions of RSA 179:49.

III. No holder of an on-sale or off-sale license shall knowingly employ in any capacity any person who is the holder of any license provided under this title, except that the holder of an on-sale license may employ the holder of an off-sale license i n an entertainme

w pub license, beverage vendor license or beverage vendor importer license and no member of a limited liability company, officer, director, employee or agent of a beverage manufacturer licensee, br ew pub licensee, beverage vendor or beverage vendor importer licensee shall have an interest, either direct or indirect, in the business of the holder of a wholesale distributor on-sale or off-sale license.

V. Except as provided under RSA 178:10, II or RSA 178:13, IV, no holder of a wholesale distributor license and no officer, director, stockholder, member of a limited liability company, employee or agent of the holder of a wholesale distributor licens e shall through interlocking stock ownership, interlocking directors, or otherwise, have an interest, either direct or indirect, in the business of the holder of an on-sale license. Nothing in this paragraph shall be construed to apply to normal credit re lations between licensees.

VI. The provisions of this section shall also apply to liquor and wine manufacturers, liquor and wine vendors, and liquor and wine representatives and liquor and wine salespersons.

Sources: 1990, 255:1; 1992, 226:4; 1994, 6:1, 236:5; 1995, 139:13; 1996, 275:37, 289:6, 7.

179:28 Product Advertisement. An industry member may furnish, give, rent, loan, or sell product displays to a retailer, subject to the following conditions and limitations:

I. Equipment, inside signs, supplies, services, or other things of value furnished by an industry member to a retailer shall not be conditioned on the purchase of liquor, wine or beverages.

II. Product displays shall bear conspicuous and substantial advertising material.

III. The total value of all product displays furnished by an industry member may not exceed the dollar amount established annually for product displays by the Bureau of Alcohol Tobacco and Firearms per brand in use at any one time in any one retail e stablishment. The value of a product display shall be the actual cost to the industry member who initially purchased it. Transportation and installation costs shall be excluded.

IV. Industry members shall not pool or combine their dollar limitations to provide a retailer a product display valued in excess of the dollar amount established annually for product displays by the Bureau of Alcohol Tobacco and Firearms.

Sources: 1990, 255:1; 1996, 275:25, 35.

179:29 Retailer Advertising Specialties.

I. An industry member may furnish, give, rent, loan, or sell retailer advertising specialties to a retailer if such items bear advertising material and are primarily valuable to the retailer as a means of advertising. These items may include, but ar e not limited to: coasters, mats, menu cards, wine lists, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks and calendars. The name or name and address of the retailer may be added to the advertising specialty.

II. An industry member may sell glassware to a retailer if the glassware is sold at a price not less than it cost the industry member who initially purchased it, and if the price is collected within 30 days of the date of the sale.

III. The total value of all retail advertising specialties furnished by an industry member to a retailer may not exceed the dollar amount established annually for retailer advertising specialties by the Bureau of Alcohol Tobacco and Firearms per bran d in any calendar year per retail establishment. The value of a retailer advertising specialty shall be the actual cost of that item to the industry member who initially purchased it. Transportation and installation costs shall be excluded.

IV. Industry members shall not pool or combine their dollar limitations to provide a retailer with advertising Bureau of Alcohol Tobacco and Firearms.

Sources: 1990, 255:1; 1992, 115:6; 1996, 275:26.

179:30 Consumer Advertising Specialties and Coupons.

I. Consumer advertising specialties, such as ash trays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, postcards, and pencils, which bear advertising material may be furnished, giv en, or sold to a retailer for unconditional distribution by the retailer to the general public. The retailer shall not be paid or credited in any manner directly or indirectly for the distribution of such items.

II. Contest prizes, premium offers, refunds and similar items may be offered by industry members directly to consumers. Officers, members of a limited liability company, employees, and representatives of wholesale distributors or retailers shall be excluded from participation.

Sources: 1990, 255:1; 1995, 139:15.

Liq 506.03 Equipment, Furniture, Fixtures and Property.

(a) Holders of a beverage vendor's or beverage vendor importer's license, beverage manufacturer's or wholesale distributor's license or his beverage representative may:

• (1) Lend, install or service or cause to be installed or serviced, equipment commonly known as taps, rods, and hose connections from the barrel to the backtin, where the faucets and taps are mounted, or permanent dispensing system; and
• (2) Lend or give such washers, clamps, bungs, that are necessary to cause such tapping equipment to function properly and also furnish knobs designating brands of beer dispensed in outlets.

(b) In no case shall installations be made or services given to any other part of the dispensing system such as coils, faucets, compressors, gas, air gauges, cooling equipment or other parts of such equipment necessary for proper function of the co mplete dispensing system.

(c) Holders of off sale licenses may loan pumps and tapping equipment for use at picnics and outings for non licensees or one day license holders.

(d) No holder of an on-sale or off-sale license shall knowingly hire or employ as a contractor, any person who holds a license issued under RSA Title XIII, except as allowed by RSA 179:11, III.

(e) Nothing in this rule shall prohibit a holder of a beverage vendor or beverage vendor importer, beverage manufacturer or wholesale distributor's license or his beverage representative from instructing a licensee in the proper method of using or cleaning of equipment.