STATE LIQUOR STORES

RSA tit. XIII, ch. 177

in effect

RSA 177:1 State Stores.

177:1. State Stores. The commission may lease, purchase, and equip, in the name of the state, such stores, state-owned warehouses, supplies as defined in RSA 21-I:11, II(a), and other materials, goods, and services as are necessary for, incidental to, or related to the operation of the liquor commission retail and wholesale operations. The commission may lease, in the name of the state, space in state stores for the purpose of installing automated teller machines. No newly established state store shall be operated within 200 feet of any public or private school, church, chapel, or parish house. Source. 1990, 255:1. 2009, 144:123. 2013, 157:3, eff. June 28, 2013. 2014, 327:54, eff. Aug. 2, 2014.

RSA 177:1-a Temporary State Stores.

177:1-a. Temporary State Stores. The commission may lease, rent, and equip, in the name of the state, stores or space in buildings such as airports or shopping malls and in large venues such as racetracks, temporary stores for the sale or promotion of liquor or related products as are necessary to carry out the provisions of this chapter, except that no such store shall be operated within 200 feet of any public or private school, church, chapel, or parish house. The liquor commission shall report quarterly to the fiscal committee of the general court on the status of temporary stores. Source. 2011, 224:92, eff. July 1, 2011.

RSA 177:2 Closing of State Stores.

177:2. Closing of State Stores. I. The commission may close any state liquor store to improve profitability and efficiency. In determining net operating profit or loss, the commission shall adhere to generally accepted accounting principles for both revenues and expenses and shall include an allocation for indirect costs. All information regarding a decision to close any state liquor store shall be made available, by the commission, to the public upon request. The commission shall provide public notice 30 days prior to closing any state liquor store. The commission shall submit a report of state liquor store closings to the fiscal committee of the general court when store closings occur. II. In order to properly reflect the operating expenses of each state store, the commission shall prepare annually an indirect cost allocation plan for all indirect operating expenses of the commission. All such expenses of the commission, with the exception of the enforcement and licensing division operating expenses, shall be included in the plan and allocated to all state stores on a consistent, rational basis. No later than 30 days following the closure of any state liquor store, the commission shall submit a revised indirect cost allocation plan to the fiscal committee of the general court and the governor and council for approval. Source. 1990, 255:1. 1991, 349:2. 2009, 144:124. 2012, 247:22, eff. Aug. 17, 2012. 2015, 276:252, eff. July 1, 2015.

RSA 177:3 Store Plan.

177:3. Store Plan. The state liquor commission shall develop and maintain a formal written store plan for its retail liquor stores. This plan shall establish goals and policies related to the number, size, and staffing patterns of state operated retail liquor stores to ensure the efficient and effective operation of the state store system. The plan shall be reviewed and revised as necessary and shall include, but not be limited to, policies related to: I. The operational definition of a marginal store, identification of such stores, and specific plans to consolidate or otherwise improve the profitability of such stores. II. The optimum size, location, and staffing pattern of stores to maximize their profitability. This shall include a plan to increase use of part-time employees to reduce store personnel costs and a formula for determining appropriate rental payments for leased stores. III. Plans for the expansion of the existing store system where such expansion is justified. Source. 1990, 255:1, eff. July 1, 1990.

RSA 177:4 Operation of State Stores; Salespersons.

177:4. Operation of State Stores; Salespersons. The commission may in its discretion operate stores for the sale of liquor in such cities and towns as shall have accepted the provisions hereof as hereinafter provided, and, subject to the rules of the director of personnel, and within the limits of available appropriations and funds, may employ salespersons to sell liquor in said stores. Any salesperson employed for any store shall have been a resident of the state for at least 6 months prior to such employment. The salaries of such salespersons shall not be governed by the amount of sales. No salesperson employed to sell liquor under the provisions of this chapter shall sell liquor except such as may be legally obtained under the provisions of this title. Source. 1990, 255:1. 1992, 146:8, eff. July 5, 1992.

RSA 177:5 Sunday and Holiday Openings.

177:5. Sunday and Holiday Openings. Notwithstanding any other provision of law, the commission may, in its discretion, open for business on any Sunday or legal holiday any state liquor store located on a main route where traffic is heavy; provided, however, that no state liquor store may be opened for business at any time on Easter or Thanksgiving day, whenever appointed, and Christmas day. Although full-time employees shall be given the option of working, no such employee shall be required to work on such days. The commission may employ part-time employees, subject to the rules of the director of personnel, to staff stores open on Sundays or holidays. Any full-time employee who works on such days shall be paid 1-1/2 times the employee's regular rate of pay for the actual number of hours worked. Source. 1990, 255:1. 1992, 146:9. 1996, 275:12, eff. June 10, 1996.

RSA 177:6 Liquor Dispensed Only Through Commission.

177:6. Liquor Dispensed Only Through Commission. Except as provided in RSA 178:8, II and RSA 178:27, no liquor shall be sold in any state store, nor by any sales agent, nor by any person holding an on-premises or off-premises retail license under RSA 178, except that obtained from the commission. Source. 1990, 255:1. 1992, 147:2. 1998, 331:4. 2003, 231:12, eff. July 1, 2003.

RSA 177:7 Packages.

177:7. Packages. All liquor sold in state stores shall be sold for consumption off the premises. Such liquor shall be in packages containing such quantity as the commission shall prescribe. The commission is authorized to prescribe the form of bottle and package and to bottle such liquor as it may deem necessary and proper. The price of all liquor sold shall be sufficient to pay for the cost of the liquor purchased, plus the operating expenses of the state stores, plus a proportionate part of the overhead expenses of the commission, plus an additional charge; all to be determined by the commission. The commission is hereby authorized to limit the amount of liquor which may be purchased by any person. Source. 1990, 255:1, eff. July 1, 1990.

RSA 177:8 Historical Fund.

177:8. Historical Fund. I. The commission is hereby authorized and directed to enter into contracts for the manufacture and purchase of commemorative bottles of historic significance, and pamphlets describing their historical significance. The commission shall add a special markup including the cost of the pamphlets to the cost of the bottles, above its customary markups for retail sales. II. All revenue from these special markups shall be reported separately by the commission and, after the cost of the pamphlets is subtracted, shall be credited to the legislative appropriation and kept as a special nonlapsing fund to be known as the historical fund. The historical fund shall be within the oversight of the joint legislative historical committee established in RSA 17-I:1. No part of the fund shall be transferred or expended for any purpose except by the joint legislative historical committee in carrying out its responsibilities under RSA 17-I. Source. 1990, 255:1. 2013, 184:1, eff. July 2, 2013. 2016, 255:2, eff. June 30, 2016. 2018, 365:2, eff. July 1, 2018. 2023, 40:1, eff. July 1, 2023.

RSA 177:8-a Reimbursement for Emergency Services.

177:8-a. Reimbursement for Emergency Services. The commission and the officials of any municipality which is required to provide emergency services to a liquor store located on an interstate highway shall meet and negotiate reimbursement for each store on a per call basis for the services to be provided. Source. 1991, 355:57, eff. July 1, 1991.

RSA 177:8-b Brochures Relative to Fetal Alcohol Syndrome.

177:8-b. Brochures Relative to Fetal Alcohol Syndrome. The commission shall make informational brochures relative to fetal alcohol syndrome, prepared by the department of health and human services under RSA 132:2, XI, available to the public at the check-out counter of each state liquor store or through distribution programs run by the commission and calculated to provide the general public with information about fetal alcohol syndrome. The department of health and human services shall provide the commission with a sufficient quantity of the brochures initially, and additional brochures shall be available upon the request of the commission. Source. 2005, 261:5, eff. Sept. 20, 2005.

RSA 177:9 Agency Liquor Stores.

177:9. Agency Liquor Stores. The commission may license persons to operate agency liquor stores on an annual or seasonal basis for the purposes of selling liquor in sealed bottles, containers or original packages to be consumed off the premises. Source. 1990, 255:1. 1991, 320:2, eff. Aug. 27, 1991.

RSA 177:9-a Agency Liquor Store; License Fee.

177:9-a. Agency Liquor Store; License Fee. The fee for an agency store license shall be as determined in RSA 178:29, II(c). Source. 2022, 289:1, eff. Aug. 30, 2022.

RSA 177:10 Rulemaking.

177:10. Rulemaking. The commission shall adopt rules approved, under RSA 541-A, relative to the selection and operation of agency liquor stores. These rules shall apply equally to all stores, except those generally licensed under RSA 177:14 and shall include, but shall not be limited to the following: I. Location of agency liquor stores. II. The handling and sale of liquor. III. Storage facilities for liquor. IV. Hours of operation. V. The separation of liquor from other merchandise in the agency liquor stores. VI. The size and nature of the facilities of agency liquor stores for different quantities of liquor to be sold. VII. The definition of terms used in rulemaking for agency liquor stores. VIII. Operation of agency liquor stores. IX. Discount and compensation. X. Closure and vacancy of agency liquor stores. XI. Advertising and promotion. XII. Pricing of liquor. XIII. Selection of agency liquor stores. XIV. Selection of applicant for agency liquor stores. XV. Renewal of agency liquor stores. XVI. Industry interest. XVII. Applicants, stores, and employees. XVIII. Special seasonal agency liquor stores. Source. 1991, 320:3. 2012, 171:12, eff. Aug. 10, 2012.

RSA 177:11 Location of Agency Liquor Stores.

177:11. Location of Agency Liquor Stores. I. The commission may license an agency liquor store only when the following requirements are met: (a) The proposed agency liquor store is located in a municipality which has voted in favor of the operation of state liquor stores under RSA 175:7. (b) The proposed agency liquor store is located in a municipality where there is no state liquor store. (c) The proposed agency liquor store shall not be within 10 road miles of an existing state liquor store or an existing agency liquor store. II. The commission may not replace a state liquor store which closes with an agency liquor store, unless the state liquor store was closed under the provisions of RSA 177:2. III. In the event that a proposed agency liquor store will replace a state liquor store, the commission shall make reasonable efforts to provide state employees other positions, if available. III-a. In determining the location of a proposed agency store, the commission shall consider its effect on the economy, availability of liquor, and customers within the surrounding relevant market. For the purposes of this section, "surrounding relevant market" means the geographic area that is reasonably intended to be served by the agency store. IV. The commission shall issue a license for an agency liquor store within a municipality by the following procedure: (a) The commission shall, in accordance with RSA 541-A, give public notice that agency liquor stores may be established in a particular municipality to serve persons located in that municipality and in the surrounding relevant market. The public notice shall identify the surrounding relevant market that the agency store is intended to serve and all municipalities, or portions thereof, included therein. A copy of the public notice shall at the same time be forwarded by certified mail by the commission to the governing body of the municipality in which the agency store may be established and to the governing bodies of any additional municipalities located, in whole or in part, in the surrounding relevant market that the agency store is intended to serve. The commission shall request all parties in the municipality, interested in establishing an agency liquor store there, to apply to the commission. (b) The commission shall provide all applicants with the necessary information for the establishment of agency liquor stores. (c) Upon receipt of all applications for agency liquor stores licenses in a municipality, the commission shall notify the governing body of that municipality and the governing bodies of any additional municipalities located, in whole or in part, in the surrounding relevant market of the proposed location of each applicant and shall suspend all action on such applications for 30 days in order to allow the affected municipalities and any other interested person to submit written comments to the commission on the proposed location of a new agency store in a municipality. (d) Upon the written request of the governing body of the municipality in which the proposed agency store may be located, or of the governing body of any municipality located in the surrounding relevant market as identified by the commission, that is received by the commission within 14 days of the date of the public notice forwarded to such a municipality under subparagraph (a), the commission shall in accordance with RSA 541-A publish notice and schedule a hearing on the proposed location of an agency store in such municipality. Any public hearing shall be held within 45 days of the close of the public comment period in the municipality in which the agency store may be located. (e) The commission shall provide written notice by certified mail to all applicants, to the governing body of the municipality in which the agency store is to be located, and to the governing body of any other municipality located in the surrounding relevant market of the final selection of an applicant or applicants, and shall provide any applicant denied a license written notification of the reasons for the denial by certified mail to the mailing address given by the applicant in the application for an agency liquor store license. (f) The commission shall issue a license to all persons qualifying under the commission's rules. V. Any applicant aggrieved by a decision made by the commission may appeal the decision in accordance with RSA 541. For purposes of rehearing and appeal, the date of the written notice of final selection of an applicant or applicants shall constitute the decision of the commission. Source. 1991, 320:3. 2009, 144:127, eff. July 1, 2009.

RSA 177:12 Agency Store in Location of Former State Liquor Store.

177:12. Agency Store in Location of Former State Liquor Store. Within 72 hours of opening for business, an agency liquor store, occupying premises previously occupied by a state liquor store, shall remove all signs on the premises of that store which identify those premises as a state liquor store. Source. 1991, 320:3, eff. Aug. 27, 1991.

RSA 177:13 Liquor for Agency Liquor Stores.

177:13. Liquor for Agency Liquor Stores. No agency liquor store shall purchase its liquor inventory from any source other than the state liquor commission. Source. 1991, 320:3, eff. Aug. 27, 1991.

RSA 177:14 Special Seasonal Agency Liquor Stores.

177:14. Special Seasonal Agency Liquor Stores. I. The commission may issue 6-month seasonal licenses to special seasonal agency stores. II. The commission shall determine the appropriate locations for the stores and the appropriate 6 consecutive months based on the seasonal tourist population and the sales volume at existing state and agency liquor stores in the same areas. III. The commission shall submit a report on or before September 30, 1996, to the speaker of the house, the senate president and the governor concerning the effectiveness of this section. Source. 1991, 320:3, eff. Aug. 27, 1991.

RSA 177:15 Transfer of Agency Liquor Store License Prohibited.

177:15. Transfer of Agency Liquor Store License Prohibited. An agency liquor store license shall not be transferable. Source. 1991, 320:3, eff. Aug. 27, 1991.

RSA 177:16 Eligibility Qualifications.

177:16. Eligibility Qualifications. The commission shall not issue a license to an applicant, unless that applicant meets the following qualifications: I. If the applicant is a proprietorship, the applicant shall be: (a) At least 21 years of age. (b) A citizen of the United States. (c) A resident of the state. II. If the applicant is a partnership or association, all persons having an interest in the partnership or association shall be: (a) At least 21 years of age. (b) A citizen of the United States. (c) A resident of the state. III. If the applicant is a corporation, it shall be incorporated under the laws of the state and shall have been authorized to transact business in the state. III-a. If the applicant is a limited liability company, the applicant shall be organized under the laws of this state or authorized to transact business within the state. IV. Any retail licensee, whether proprietorship, partnership, limited liability company, or corporation shall only be approved to establish one retail agency store. Source. 1991, 320:3. 1995, 139:3, 4, eff. July 1, 1995.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XIII-177.htmFetched: 10/20/2026