1. (a) For the purposes of Liq 506.12, "bill and hold" means a contract between any retail licensee and a wholesale distributor licensee for sale of beverage, in more than one delivery, based upon the current price on file with the commission, pursuant to RSA 179:33, III at the time of initial delivery, and a certain minimum quantity of beverage ordered, paid for, and completely delivered within 10 calendar days of the first delivery date.

2. (b) Pursuant to RSA 179:33, II, all original bill and hold invoices shall:

   1. (1) Be dated with the date of first delivery of the product to the licensee;
   2. (2) Be noted with the phrase "delivery for bill and hold" and the invoice number;

   3. (3) State the terms of the contract which shall at least include:

      1. a. The last date of delivery allowed for the product to be received;
      2. b. The last date that payment shall be received at the wholesale distributor's place of business; and
      3. c. A statement that, if the provisions are not met exactly, the invoice shall be voided by the wholesale distributor and replaced by separate invoices for each delivery of beverage, priced at the cost for that quantity of beverage, as filed with the commission pursuant to RSA 179:33, III on that delivery date; and
   4. (4) Be legibly receipted with the amount of payment, the date of the payment, and who received payment on behalf of the wholesale distributor.
3. (c) All bill and hold contracts shall be between the wholesale distributor licensee and the retail licensee, and settlement of any dispute shall be the sole responsibility of the contracting parties.
4. (d) Any bill and hold merchandise not delivered on the initial delivery shall remain the property of the wholesale distributor licensee and be stored on his or her licensed premises.
5. (e) No pre-paid bill and hold orders for beverage shall be permitted except a retailer may place funds on account with a wholesale distributor licensee, which may be applied to invoices once the beverage is delivered, but shall not be encumbered by undelivered orders.
6. (f) If a wholesale distributor licensee fails to complete the terms of the bill and hold contract, they shall invoice the retail licensee for the amount of beverage actually received at the bill and hold price.
7. (g) If a retail licensee refuses to complete the terms of the bill and hold contract, the wholesale distributor shall invoice the retailer for the amount of beverage actually received at the standard or base price in effect and filed with the commission pursuant to RSA 179:33, III, at the time of the original bill and hold order.
8. (h) Disputed bills, reported to the commission as delinquent pursuant to RSA 179:13, shall be handled as provided by RSA 179:13, III.

Source. #5289, eff 1-1-92; ss and moved by #6391, eff 11-28-96 (from Liq 506.13), EXPIRED: 11-28-04 New. #8450, eff 10-21-05; ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22