New Hampshire Code of Administrative Rules
Liq - State Liquor Commission
Chapter Liq 400 - RULES GOVERNING LICENSEE OPERATIONS
Part Liq 405 - PUBLIC SAMPLING OF BEVERAGE/LIQUOR/WINE PURSUANT TO RSA 179:44
Section Liq 405.04 - Who May Conduct Tastings/Responsibility

Universal Citation: NH Admin Rules Liq 405.04

Current through Register No. 12, March 21, 2024

(a) On-sale and off-sale licensees other than off sale special licensees and on sale one day licensees may conduct or host beverage/liquor/wine public sampling on their licensed premises.

(b) Liquor/wine vendors, liquor/wine representatives, domestic wine manufacturers, liquor manufacturers, rectifiers, nano breweries, beverage vendors, beverage manufacturers, wholesale distributors, and brew pubs shall conduct public sampling in conjunction with on-sale or off-sale licensees on the on or off sale licensed premises.

(c) Wine manufacturers, beverage manufacturers, nano breweries and brew pubs may conduct public sampling at a farmers' market in a clearly defined area under the following conditions:

(1) The licensee shall inform the commission 15 business days prior to attending the farmers' market including date, time and location of the farmers' market;

(2) The licensee shall provide 15 business days prior to attending the farmers' market written approval of the public sampling/tasting of wine or beverage from the town or city where the farmers' market is located;

(3) The licensee shall provide the commission 15 business days prior to attending the farmers' market with a diagram of the proposed public sampling/tasting area that includes a description of how the licensee plans to delineate the clearly defined area where samples will be consumed;

(4) The clearly defined area shall be so constructed as to place physical barriers, signage or other means of clearly delineating the sampling/tasting area to indicate to patrons which areas are authorized for the service and consumption of samples;

(5) The licensee shall display a copy of the wine manufacturer, beverage manufacturer, nano brewery or brew pub license and the age requirement poster pursuant to RSA 179:18;

(6) The farmers' market shall meet the definition of a farmers' market as defined in RSA 175:1, XXXI-a; and

(7) The licensee shall file and preserve individual sales slips and list of samples tasted and maintain a complete and accurate account of business in such a manner that the commission upon audit can determine the total amount of sales.

(d) The licensee on whose premise the public sampling occurs and the licensee conducting the sampling shall both be equally responsible for ensuring that all requirements are met under Title XIII.

(e) The licensee on whose premise a public sampling is being conducted and the licensee conducting the sampling shall not allow:

(1) Any person under 21 years of age to consume alcohol products;

(2) Any intoxicated person to consume alcohol or remain on the premises where the tasting is being conducted; and

(3) Free servings other than as provided in Liq 405.05(a) and (b).

#6091, INTERIM, eff 9-19-95, EXPIRED 1-17-96

New. #6187, eff 2-21-96; ss and moved by #6391, eff 11-28-96 (formerly Liq 406.04 ), EXPIRED: 11-28-04

New. #8243, eff 12-31-04, EXPIRED: 12-31-12

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