LIQUOR RULES 1100

PART Liq 1101 CHAPTER DEFINITIONS

Liq 1101.01 Definition of Terms. The following terms shall be construed for the purposes of this chapter as set forth below:

1. "Addressee" means the person named on a direct delivery invoice, or any other person over 21 years of age legally entitled to receive a package for that individual;
   
   
2. "Common carrier" means the holder of a United States Department of Transportation or Interstate Commerce Commission license or a NH Common Carrier Certificate;
   
   
3. "Direct shipper" means a holder of a direct shipper permit issued by the NH state liquor commission:
   
   
4. "Direct shipper permit" means a permit issued by the NH state liquor commission to an individual, corporation, partnership, or limited liability company which holds a valid liquor license in another state, to ship beverages, wine, or liquor directly to NH consumers or licensees via common carrier; and
   
   
5. "Retail price" means the price paid to the direct shipper for beverage, wine, or liquor shipped by direct shippers to NH consumers or licensees. The term includes all charges except the actual amount paid by the direct shipper to a common carrier for delivery.

PART Liq 1102 OVERLYING CONDITIONS FOR PERMITS

Liq 1102.01 Completing Forms Whenever a person is required to complete a form, as described in RSA 178 and this chapter, the following provisions shall apply:

1. Forms shall be filled out completely and truthfully.
   
   
2. Forms shall be completed in a legible manner.
   
   
3. Forms shall be completed in non-fading, non-erasable graphic such as ink or typewritten.
   
   
4. Forms shall be signed by the business owner, a partner, corporate officer, or member of a limited liability corporation and
   
   
5. In the event an applicant fails to comply with an application rule or statute, such applicant's application shall not be processed and the application form and any submitted fee shall be returned to the applicant with the reasons for such rejection of the application. Notification shall be made in writing and within 10 working days of the date of rejection.

Liq 1102.02 Incomplete Forms Rejected. In the event a person submits an incomplete form, such form shall not be processed. The application form and any submitted fee shall be returned to the applicant with the reason for return noted.

Liq 1102.03 Fees, Form of Payment.

1. Payment shall be made in the form of United States currency, a check, money order, other negotiable instrument payable upon demand, or electronic or credit/debit payment as approved by the commission for the total amount due for the permit for each permit applied for. Cash, money orders, or certified check shall be required when an applicant has issued payment to the division by check, and such check was returned for insufficient funds, in order to insure payment on a fee. Penalties shall be consistent with the requirements of RSA 6:11-a, (I).
   
   
2. Such instrument described in paragraph (a) above shall be made payable to the "State of New Hampshire-Liquor Commission". A suitable alternative term, including but not limited to "State of NH", "State Liquor Commission", or "Liquor Commission", shall not be cause for refusal to accept such instrument, providing it does not lend itself to endorsement of the instrument by any other party other than the state of New Hampshire, nor for any private individual or purpose.
   
   
3. Any payment made to the commission by check which is returned for insufficient funds which has not been made good, including any penalty assessment required by RSA 6:11-a by cash, money order or certified check within 24 hours, excluding weekends and holidays, of notification of the licensee or one of their employees, shall result in proceedings for suspension or revocation of the permit not paid for.
   
   
4. No part of the fees paid for a permit shall be refunded after the permit has been issued.

Liq 1102.04 Applicant Information Required

1. A photocopy of the applicant's home state license to sell alcoholic beverages shall be attached to the permit application.
   
   
2. A copy of the applicant's registration with the NH secretary of state to do business in NH shall be attached to the permit application.
   
   
3. The applicant shall provide on a form supplied by the commission:
   
   
   1. Business legal name and trade name under which the business shall operate in NH;
      
   2. Whether the business is a single proprietorship, partnership, corporation, or limited liability company;
      
   3. Business phone number;
      
   4. Business mailing address, and physical address if different from the mailing address;
      
   5. The names and addresses of the business owners if a single proprietorship or partnership, or the names and addresses of the corporate officers or members in the case of a corporation or limited liability corporation; and
      
   6. A statement certifying that the business shall operate under NH statues including Title 13 and the rules of the NH liquor commission.

Liq 1102.06 Permit Renewals. The NH liquor commission shall send by US mail permit renewals to all permittees at least 60 days prior to the expiration of their permit. Renewal of permits shall be the responsibility of the permittee. Failure of the commission to notify the permittee shall not extend the existing permit or excuse shipment into NH without a permit.

PART Liq 1103 TAX REPORTING AND FILING DEADLINES

Liq 1103.01 Taxes Due. Each direct delivery shipper permittee shall file at the NH liquor commission offices no later than the tenth calendar day of the month:

1. A completed direct shipper monthly tax report;
   
   
2. Copies of all invoices delivered to NH; and
   
   
3. Required tax payments covering all deliveries into NH for the preceding month.

Liq 1103.02 Direct Shipper Monthly Tax Report.

1. The NH Liquor Commission shall provide to each direct delivery permittee at or prior to initial permit issuance a Direct Shipper Monthly Tax Report form.
   
   
2. The permittee shall include the following information on the Direct Shipper Monthly Tax Form:
   
   
   1. The direct shipper name
      
   2. The direct shipper address
      
   3. The direct shipper permit number
      
   4. The tax month covered by the form
      
   5. The number of invoices shipped into NH during the tax month
      
   6. The dollar total of the above invoices, including shipping, and with shipping subtracted
      
   7. The total tax owed, and
      
   8. A signature, with the notation that the signature is made attesting to the accuracy of the tax report under the provisions of RSA 641:3.

PART Liq 1104 COMMON CARRIER REQUIREMENTS

Liq 1104.01 Record Keeping Requirements. Common carriers delivering alcohol from direct delivery permittees shall maintain copies of direct delivery shipment signature forms for a period of not less than 6 months from the date of delivery, and make such forms available upon request to NH liquor commission auditors or investigators.

Liq 1104.02 Delivery Requirements. Common carriers delivering alcohol from direct delivery permittees shall:

1. Require the addressee's signature on a direct delivery shipment signature form meeting commission requirements; or
   
   
2. Refuse delivery when:
   
   
   1. The addressee refuses to personally accept and sign for the alcohol; or
      
   2. The addressee appears to be:
      
      1. Under age 21;
         
      2. Legally intoxicated;
         
      3. Under the influence of drugs, or
         
      4. Meet any criteria of Title 13 which would make such delivery of alcohol illegal by a NH licensee.

Liq 1104.03 Warehouse Requirements for Direct Delivery Shipments.

1. A warehouse license shall not be required for direct shipped alcohol, provided:
   
   
   1. Alcohol is not stored any longer than required for transfer from a delivery vehicle to the next scheduled local delivery vehicle; or
   2. When an addressee is not available to sign for the initial delivery attempt, a common carrier may hold the product for delivery not more than 7 calendar days without NH liquor commission approval.
      
      
2. Alcohol which is refused or undeliverable shall, within 7 calendar days of receipt in NH:
   
   
   1. Be returned to the direct delivery shipper; or
      
   2. The commission shall be notified and the alcohol held for commission pick up and disposal.

Liq 1104.04 Commission Notification. The NH Liquor Commission shall provide common carriers with lists of direct shipper permittees upon request.

Liq 1104.05 Illegal Products. Unlicensed common carriers shall only deliver alcohol in NH which has been shipped by holders of NH direct shipper permits. Any other deliveries shall be deemed violations of RSA178:1,I, and shall be prosecuted as such by the NH liquor commission.

Liq 1104.06 Illegal Delivery. The NH Liquor Commission through its investigators shall prosecute both the individual and the company involved in any delivery violating the provisions of RSA179:1 or RSA179:5,I.

Liq 1104.07 Examination of Premises. Auditors or investigators of the NH liquor commission shall:

1. Request permission from common carriers for periodic examinations of their premises and warehouses, or as necessary to verify compliance; and
   
   
2. Request and enforce administrative search warrants should reasonable access be denied.

PART Liq 1105 DELIVERY RECEIPTS / IDENTIFICATION REQUIREMENTS

Liq 1105.01 Delivery Signature Forms. Each shipment of alcohol into NH from a direct shipper permittee shall:

1. Be clearly marked as "Alcoholic Beverage, NH Permit # "; and
   
   
2. Have attached a delivery signature form which shall contain:
   
   
   1. The addressee's name and address;
      
   2. A statement reading " I, ______________________ (Print Name), acknowledge that I (am)(am legally entitled to receive packages for) the addressee shown above, that I accept delivery of a shipment of alcoholic beverages and I am 21 years of age or over"; and
      
   3. A line for his/her signature.

Liq 1105.02 Form Retention. The common carrier making delivery of packages of alcoholic beverages from direct shipper permittees shall forward copies of delivery signature forms to the commission monthly so as to arrive by the 10th of the following month and retain the original signed copy of the delivery signature form for at least 6 months from the date of delivery.

Adopted Rule Chapter Liq 1100 December 23, 1998