N.H. Rev. Stat. Ann. § 175:1
In this title:
IV. "Alpine slide" means a recreational facility open to the general public, equipped with at least one permanent slide and at least one passenger tramway device as described in RSA 225-A:2, I(a) through I(e).
IV-a. "Alternative nicotine product" means any noncombustible product containing nicotine (whether natural or synthetic) that is intended for human consumption, whether chewed, absorbed, dissolved, ingested, inhaled, or consumed by any other means. "Alternative nicotine product" does not include any e-cigarettes, e-liquid, or tobacco products, or any product regulated as a drug or device by the United States Food and Drug Administration under chapter V of the Food, Drug and Cosmetic Act.
IX. [Repealed.]
IX-a. "Beverage manufacturer retail outlet" means an outlet for the sale, sampling, and promotion of beverages and other products manufactured by a beverage manufacturer licensee.
XI. [Repealed.]
XI-a. "Billboard" means a large, flat surface, panel, wall, or fence outside on which advertising is posted, written or carried, or specifically authorized signs where the lettering advertising beverages or liquor exceeds 15 inches in height and is visible to the general or non-paying public.
XI-b. "Billiards/pool hall" means a facility which has at least 12, non-coin operated, regulation size, pocket billiard, billiard, snooker, or pool tables available to the public at all times the facility is open.
XII. "Bowling facility" means a facility equipped with 6 or more regulation lanes in operating condition.
XII-a. "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 RSA 178:21, II(a)(1) and RSA 178:22, V(q).
XIV. "Brewery" means any place or premises where any beer is manufactured and all offices, granaries, mash-rooms, cooling-rooms, vaults, yards, cellars, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept.
XIV-a. "Caterer" means a person who provides meals or other food as well as liquor or beverage service to private groups on premises approved by the commission for such service. At least 50 percent of a caterer's sales conducted under a license issued by the commission shall be food. Caterers with annual food sales of at least $100,000 shall be exempt from the 50 percent requirement.
XV. "Caterer-off site" means:
XVI. "Catering facility-on site" means a facility with on site, permanent kitchen and dining facilities, with seating for 100 persons or more.
XVI-a. "Cider" means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, containing not less than 1/2 of one percent alcohol by volume at 60 degrees Fahrenheit, which may contain flavoring, coloring or related ingredients and may be carbonated or fermented in a sealed container to produce a sparkling beverage or liquor. Cider, as defined here, shall not include cider as defined in RSA 426:13.
XXIV. "Commission" means the state liquor commission.
XXIV-a. "Common carrier" means a person who, for a fee, provides public transportation of goods or persons.
XXV. "Complimentary liquor, wine or beverage" means a specified quantity of liquor, beverage or wine which is included in pricing of lodging, meals or other transactions.
XXV-a. "Contract brewer" means a beverage manufacturer, hired to produce a beverage on the behalf of another beverage manufacturer or brewpub, licensed by the commission or holding a license to manufacture a beverage issued by another state.
XXV-b. "Contract brewing arrangement" means a business relationship in which a beverage manufacturer is hired to produce a beverage on the behalf of another beverage manufacturer or brewpub, licensed by the commission or holding a license to manufacture a beverage issued by another state.
XXV-c. "Contract wine manufacturer" means a wine manufacturer, hired to produce a wine on the behalf of another wine manufacturer, licensed by the commission or holding a license to manufacture wine issued by another state.
XXV-d. "Contract wine arrangement" means a relationship in which a wine manufacturer is hired to produce a wine on the behalf of another wine manufacturer, licensed by the commission or holding a license to manufacture wine issued by another state.
XXV-e. "Contract liquor manufacturer" means a liquor manufacturer, hired to produce a liquor on the behalf of another liquor manufacturer, licensed by the commission or holding a license to manufacture liquor issued by another state.
XXV-f. "Contract liquor arrangement" means a business relationship in which a liquor manufacturer is hired to produce a liquor on the behalf of another liquor manufacturer, licensed by the commission or holding a license to manufacture liquor issued by another state.
XXIX. "Dining car" means any car which, while attached to a train operating for the transportation of passengers upon a regular or special schedule, is used for the serving of meals to passengers.
XXIX-a. "Direct shipper" means any licensee outside the state of New Hampshire who accepts orders placed from New Hampshire, by mail, telephone, Internet, or any electronic or other means, for liquor or beverages and who ships, packages for shipment, or facilitates in any way shipment of said liquor or beverages by a licensed carrier to a New Hampshire location.
XXXI. "Drug store" means a business licensed under the provisions of RSA 318:38.
XXXI-a. "E-cigarette" means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name, and e-liquid. "E-liquid" means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.
XXXI-aa. "Farmers' market" means an event or series of events at which 2 or more vendors of agricultural commodities gather for purposes of offering for sale such commodities to the public. Commodities offered for sale must include, but are not limited to, products of agriculture, as defined in RSA 21:34-a. "Farmers' market" shall not include any event held upon any premises owned, leased, or otherwise controlled by any individual vendor selling therein.
XXXI-b. "Food service business" means a business kept, used, maintained, advertised, and held out to the public primarily as a place where meals are served. At least 50 percent of the sales of a food service business shall be food consumed on the premises. A food service business with annual food sales of at least $75,000 shall be exempt from the 50 percent requirement.
XXXVI. "Grocery or convenience store" means any retail establishment where groceries are regularly and customarily sold for consumption off premises. Such establishment shall have and maintain groceries which are readily available to the public, the wholesale value of which shall not be less than $3,000, exclusive of cigarettes, magazines, newspapers, wine and beverages. Such groceries shall be representative of grocery items commonly found in such stores.
XXXVI-a. [Repealed.]
XXXVI-b. "Host manufacturer" means a beverage manufacturer, wine manufacturer, or liquor manufacturer facility involved in a host-tenant relationship. In this relationship, the tenant party holds a tenant manufacturer license under RSA 178:12-b; 178:8-a or 178:6-a, allowing them to produce or package beverages, wine, or liquor as permitted by their specific license type on the premises of the host manufacturer.
XXXVII. "Hotel" means a facility regularly used, maintained and kept open for the feeding and lodging of transient guests. A hotel shall have at least 12 rentable rooms of which at least 8 shall have private baths.
XXXVII-a. "Humidor" means a container or room specifically designed to store and age cigars within the optimal humidity range of 65 percent to 72 percent at room temperature, containing a humidification device or system designed to add or remove moisture from its interior space to maintain the desired level of humidity.
XLI. "Licensee" means the person to whom a license of any kind is issued by the commission.
XLI-a. "Limited liability company" means a limited liability company organized under the laws of this state or authorized to transact business within the state.
XLIV. "Liquor and wine representative" means a person who offers for sale or solicits orders for the sale of any liquor or wine or both. A liquor and wine representative shall be employed by the holder of a vendor's license. A licensed representative may also employ registered salespersons to act in his behalf.
XLIV-a. "Liquor manufacturer" means a licensee who produces liquor from raw materials by the process of fermentation and distillation.
XLVI. "Liquor vendor" means an individual, partnership, limited liability company or corporation, which sells liquor and fortified wines containing more than 15.5 percent alcoholic content by volume at 60 degrees Fahrenheit to the state.
XLVI-a. "Liquor/wine/beverage warehouse" means a warehouse which for a fee receives, warehouses and ships liquor, wine or beverage, or any combination of liquor, wine or beverage, within the state or to the state border for shipment out of state.
XLVIII. "Manufacturer's license" means a license for the production of liquor, wine or beverage in the state of New Hampshire.
XLVIII-a. "Mead" means an alcoholic beverage primarily made from honey, water, and yeast, and which may contain fruit, fruit juices, spices, or herbs added before or after fermentation has completed, except that the ratio of fermentable sugars from honey must exceed 50 percent of the total fermentable sugars used to produce mead.
LIV. "Premises" means and includes all parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest and which the licensee uses in the operation of the licensed business, and which have been approved by the commission as proper places in which to exercise the licensee's privilege.
LIV-a. "Private club" means an organization incorporated under the laws of this state, whose members are equal shareholders, whose assets belong to the members equally, and whose members have an equal vote in club affairs and a right to run for club offices. The licensed area of a private club shall be operated solely for the use of members and their accompanied guests, and shall be open for inspection by investigators of the commission and local law enforcement officials whenever operating.
LIV-b. "Private group" means an assembly of persons gathered for a designated social or business occasion, present by invitation or reservation.
LV. "Product display" means any rack, bin, placard, poster, sign and the like, on or under which liquor, wine or beverage are displayed and sold.
LV-a. "Public building" means any building maintained and available for any person, group, or organization, which may include retail business establishments, when they are not open to the public; licensed premises, provided there is a physical, immovable barrier between the licensed business and the rented area; and tents, gazebos, or other defined outdoor areas, provided 2 separate toilet facilities are located in the immediate vicinity. A public building shall not be construed to mean a private residence.
LVIII. "Rail car" means any car which, while attached to a train operating for the transportation of passengers on a regular or special schedule, is utilized as a cocktail lounge.
LVIII-a. "Rectifier" means a licensee who produces liquor by combining liquor with other products.
LIX. "Restaurant" means a space, in a suitable or permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served. It shall be provided with an adequate and sanitary kitchen, and seating for 20 patrons.
LIX-a. "Retailer," when used with respect to tobacco products or e-cigarettes, means any person who sells tobacco products or e-cigarettes to consumers, and any vending machine in which tobacco products are sold.
LX. "Retail outlet" means any florist shop, grocery or convenience store, department store, drug store, restaurant, hotel, motel, or any other retail establishment approved by the commission.
LX-a. "Safekeeping" means a temporary voluntary surrender of the license privileges granted to a licensee, which provides for a moratorium on all licensing requirements under this title for that license type during the period of time the license is placed in safekeeping.
LX-b. "Sampling" means distributing free tobacco products to consumers for promotional purposes.
LXII. "Service bar-portable" means a service bar which is movable and utilized in function or banquet rooms at such times that they are being utilized for private parties.
LXII-a. "Single serve" means a specialty beverage container that does not exceed 16 ounces.
LXIV. "Ski facility-downhill" means an area equipped with at least one of the licensed tramway devices defined under RSA 225-A:2, I(a) through I(e) inclusive, and which has snowmaking capabilities. A downhill ski area shall have properly maintained slopes and a minimum vertical drop of 500 skiable feet. A downhill ski area has a permanent structure for use by the public.
LXIV-a. "Specialty beer" means any beer as defined in RSA 175:1, VII intended for human consumption as a beverage, having an alcohol content greater than 6 percent but not more than 12 percent by volume at 60 degrees Fahrenheit. Specialty beer shall possess the character and flavor of a beer and may contain added ingredients such as, but not limited to, molasses, maple syrup, honey, spices, herbs, fruits, nuts, chocolate, vanilla, or other nonbeverage ingredients. Specialty beer shall not include a caffeinated or stimulant-enhanced malt beverage or flavor. The commission may approve any specialty beer greater than 12 percent alcohol by volume at 60 degrees Fahrenheit. The commission may approve any specialty beer as liquor as defined by RSA 175:1, XLII and shall establish rules for a listing procedure.
LXIV-aa. "Specialty cider" means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, either of which contains not less than 8 percent and not more than 12 percent alcohol by volume at 60 degrees Fahrenheit. Specialty cider may contain flavoring, coloring, or related ingredients and may be carbonated or fermented in a sealed container to produce a sparkling beverage or liquor. Specialty cider shall not include cider as defined in RSA 434:40-a.
LXIV-aaa. "Specialty beverage" means any wine based product or liquor based product with other liquids added for human consumption having a combined alcoholic content of not less than 6 percent alcohol by volume and not more than 8 percent alcohol by volume at 60 degrees Fahrenheit and sold in single serve ready to drink containers that shall not exceed 16 ounces. The commission may approve any specialty beverage. A specialty beverage shall not be considered a product classified by the commission as a domestic wine as defined in RSA 175:1, LXVII, a table wine as defined in RSA 175:1, LXIX, a fortified wine as defined in RSA 175:1, LXVIII, or a liquor as defined in RSA 175:1, XLII.
LXIV-b. "Sports/entertainment complex" means any building which maintains an ice surface that will accommodate professional or intercollegiate hockey and seats a minimum of 1,500 persons; or any building which seats a minimum of 1,500 persons and is used for professional or intercollegiate athletic events; or any baseball or football stadium which seats a minimum of 1,500 persons and is used for professional or intercollegiate sporting events. A sports/entertainment complex shall have at least one permanent kitchen facility on site and shall have hot and cold food available for consumption during such hours as the sports/entertainment complex is open and liquor or beverage is served.
LXIV-c. "Sports recreation facility"means a facility that is primarily established for general sports, fitness, and recreation services. Recreation facilities include the following types: alpine slide facility, bowling facility, golf facility, racquet sports facility, ski facility, billiards/pool hall, or any similar recreation facility approved by the commission in rules.
LXIV-cc. "Tenant manufacturer" means a person who has a permit or notice approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau allowing the person to engage in an alternating proprietorship.
LXIV-d. "Tobacco products" means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, e-cigarettes, loose tobacco, smokeless tobacco, and cigars. Tobacco products shall not include premium cigars or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold exclusively for such approved use.
LXIV-e. "Tobacco products manufacturer" means a person domiciled in the United States engaged in the business of importing, exporting, producing, or manufacturing tobacco products.
LXIV-f. "Tobacco products wholesaler" means any person engaged in the business of receiving, storing, purchasing, and selling tobacco products from any source for distribution to persons other than consumers, except those persons exempted from the tobacco tax under RSA 78:5.
LXIV-g. "Vending machine" means any self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco, cigarettes, or any other tobacco product.
LXIX. "Wine-table" means a product obtained by the fermentation of the natural content of fruit or other agricultural products containing sugar and containing more than 6 percent but not more than 18 percent alcoholic content by volume at 60 degrees Fahrenheit. The commission may approve as a table wine a higher alcoholic content product, not to exceed 24 percent, that is obtained in the same manner.
LXIX-a. "Wine manufacturer retail outlet" means an outlet for the sale, sampling, and promotion of wine and other products manufactured by a wine manufacturer licensee.
Source. 1990, 255:1. 1991, 2:1; 109:1. 1992, 145:1-6; 146:1; 153:1. 1993, 285:1. 1994, 236:1, 2. 1995, 34:1-5; 129:1; 139:1, 2; 170:1. 1996, 103:2; 275:1-6; 289:1-4. 1997, 22:1; 207:1-4; 307:1. 1998, 167:1; 331:1. 2002, 94:1. 2003, 231:2-8, 52, I-V. 2004, 142:3. 2007, 36:1, 3; 131:1; 380:1. 2008, 25:1; 341:7-10. 2009, 95:2; 144:118. 2010, 300:1. 2011, 238:5. 2012, 142:1, 3. 2013, 23:1, eff. July 15, 2013. 2014, 79:1, eff. July 26, 2014; 200:1, 2, eff. July 1, 2014. 2015, 156:1, eff. June 19, 2015; 173:1, eff. Aug. 25, 2015; 215:1, 2, eff. Sept. 4, 2015; 267:7, eff. July 20, 2015; 276:127, eff. July 1, 2015. 2016, 320:13, eff. July 1, 2016. 2017, 120:1, eff. Aug. 15, 2017; 123:1, eff. July 1, 2017. 2018, 98:1, 2, eff. July 24, 2018; 197:3, eff. Aug. 7, 2018; 199:1, eff. Aug. 7, 2018. 2019, 68:1, 2, eff. June 6, 2019; 346:110-112, eff. July 1, 2019. 2020, 37:129-132, eff. July 29, 2020. 2021, 180:4, 7, 9, eff. July 1, 2021. 2022, 254:1, eff. Aug. 23, 2022. 2024, 141:9, eff. Jan. 1, 2025; 201:1, eff. Sept. 10, 2024; 252:2, eff. Sept. 17, 2024; 321:2, eff. Oct. 1, 2024; 338:1-4, Oct. 1, 2024; 381:2, 3, eff. July 1, 2024, 2025, 224:3, 4, eff. July 1, 2025.