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THE LIQUOR COMMISSION

RSA tit. XIII, ch. 176
in effect

RSA 176:1 Commission.

176:1. Commission. There shall be a state liquor commission under the executive direction of a liquor commissioner, who shall also be known as the chairman of the liquor commission, appointed by the governor with the consent of the council. The commissioner shall have significant business management experience and shall complete a criminal history records check prior to confirmation by the council. The liquor commissioner shall hold office for a term of 4 years. If a vacancy shall occur, it shall be filled for the remainder of the term. The commissioner may be removed by the governor and council for cause. Source. 1990, 255:1. 2007, 156:5. 2013, 258:1, eff. Sept. 22, 2013.

RSA 176:2 Liquor Commissioner; Compensation.

176:2. Liquor Commissioner; Compensation. The annual salary of the commissioner shall be as specified in RSA 94:1-a, and the commissioner shall receive his or her reasonable expenses while traveling in the performance of his or her duties, provided that the commissioner shall not be allowed as expenses, travel between his or her place of residence and the commissioner's office in Concord, nor shall the commissioner be allowed board or lodging while in Concord. The commissioner shall serve as the representative to the National Alcoholic Beverage Control Association. Source. 1990, 255:1. 1998, 167:10. 2013, 258:2, eff. Sept. 22, 2013.

RSA 176:2-a Deputy Commissioner.

176:2-a. Deputy Commissioner. I. The commissioner shall nominate a deputy commissioner for appointment by the governor with the consent of the council who shall be qualified to hold that position by reason of education and experience. The deputy commissioner shall hold office for a term of 4 years and may be reappointed. The deputy commissioner shall be subject to a background check by the state police prior to appointment. II. If a vacancy shall occur in said office, it shall be filled for the remainder of the term. The deputy commissioner may be removed by the governor and council for cause. III. The annual salary of the deputy commissioner shall be as specified in RSA 94:1-a. IV. The deputy commissioner shall perform such duties as are assigned by the commissioner. The deputy commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties. V. The deputy commissioner shall, subject to the supervision of the commissioner, exercise authority as required to ensure that the divisions and their directors are implementing the organizational goals and managing the work of the commission in an effective and efficient manner. Source. 2013, 258:3, eff. Sept. 22, 2013.

RSA 176:3 Duties.

176:3. Duties. The primary duties of the liquor commission shall be to: I. Optimize the profitability of the commission. II. Maintain proper controls. III. Assume responsibility for the effective and efficient operation of the commission. IV. Provide service to the customers of the commission, pursuant to this title. Source. 1990, 255:1. 1991, 349:1, eff. June 29, 1991.

RSA 176:4 Requirements.

176:4. Requirements. The commissioner and deputy commissioner shall devote their entire time to the service of the commission. The commissioner and deputy commissioner shall not have any financial interest, direct or indirect, in the liquor or beverage business. The compensation and expenses of the commissioner and deputy commissioner and the expenses of the administration of this chapter shall be paid by the state on the warrant of the governor with the approval of the council. Source. 1990, 255:1. 2013, 258:4, eff. Sept. 22, 2013.

RSA 176:6 Offices; Seal.

176:6. Offices; Seal. The commission shall be provided with suitable offices in the city of Concord. It shall adopt a proper seal. Source. 1990, 255:1, eff. July 1, 1990.

RSA 176:7 Assistants and Employees.

176:7. Assistants and Employees. The state liquor commission may employ such assistants as are, in its opinion, necessary for the proper transaction of its business, and fix their compensation, subject to the rules of the director of personnel. It may secure any necessary technical or professional assistance. Source. 1990, 255:1. 1992, 146:2. 1996, 106:1.

RSA 176:8 Divisions and Directors.

176:8. Divisions and Directors. The commission shall have 4 divisions under the direction of unclassified division directors. The directors shall be nominated by the commissioner for appointment by the governor with the consent of the council and shall serve for terms of 4 years dependent upon maintaining good behavior and competence. There shall be a division of marketing, merchandising, and warehousing, a division of administration, a division of finance and audit, and a division of enforcement and licensing. The director of the division of enforcement and licensing shall be subject to a background check by the state police prior to appointment. Source. 1990, 235:2; 255:1. 1992, 146:3. 1996, 106:2. 2009, 144:121. 2013, 258:5, eff. Sept. 22, 2013. 2025, 67:1, eff. Aug. 1, 2025.

RSA 176:9 Liquor Investigator; Training.

176:9. Liquor Investigator; Training. I. The commission may, subject to rules adopted by the director of personnel, employ and dismiss liquor investigators. Liquor investigators shall, under the direction of the commission, investigate any or all matters arising under this title. II. Any new liquor investigator employed by the commission under this section after August 13, 1985, shall, within 6 months of employment, satisfactorily complete a preparatory police training program as provided by RSA 106-L:6, unless he or she has already completed such a program. III. The commissioner, deputy commissioner, assistant, or liquor investigator may enter any place where liquor, beverages, tobacco products, e-cigarettes are sold or manufactured, at any time, and may examine any license or permit issued or purported to have been issued under the terms of this title. They shall make complaints for violations of this title. Source. 1990, 255:1. 1992, 146:4. 2008, 341:11. 2013, 258:6, eff. Sept. 22, 2013. 2017, 206:10, eff. Sept. 8, 2017. 2019, 346:113, eff. July 1, 2019.

RSA 176:10 Preference Given.

176:10. Preference Given. Any person who served for not less than 90 days in the armed forces of the United States during "any war in which the United States was engaged, and received discharge of a character outlined in RSA 21:50 from such service," shall be given preference in appointment under the provisions of RSA 176:7, RSA 176:9, RSA 177:4, and RSA 179:59, if qualified for such positions. Source. 1990, 255:1. 1992, 146:5, eff. July 5, 1992. 2026, 252:6, eff. Aug. 31, 2026.

RSA 176:11 Commission to Sell.

176:11. Commission to Sell. I. It shall be the duty of the commission to buy and have in its possession liquor for sale in the manner provided in this title. Such liquors shall be free from adulteration and misbranding within the meaning of the provisions of RSA 146. All liquors sold for medicinal use shall conform to the standards and tests for such liquors as laid down in the United States Pharmacopoeia, official at the time of sale. All purchases of liquor shall be made by the commission directly and not through the department of administrative services. The commission shall be subject to all the provisions so far as applicable of RSA 9. I-a. The commission may register trade names with the secretary of state with which to operate as a direct shipper of liquor and wine in this and other jurisdictions. II. In the event that the commission determines New Hampshire liquor revenues are being diverted by actions taken by persons holding either liquor and wine representative licenses, liquor and wine vendor licenses, or direct shipper licenses who compete directly or indirectly with the commission for market share, the commission may take such marketing or merchandising action, or both, as it deems necessary, including sanctions against the competing entities. Source. 1990, 255:1. 1992, 146:6. 1993, 285:5. 2003, 231:11, eff. July 1, 2003. 2017, 232:2, eff. July 1, 2017. 2021, 112:1, eff. Sept. 7, 2021.

RSA 176:12 New Hampshire Products.

176:12. New Hampshire Products. I. The commission, wherever feasible, shall purchase and list for sale in all state stores liquor and wines that are grown in New Hampshire, made in New Hampshire, or packaged in New Hampshire. This section shall only apply to New Hampshire domestic manufacturers selling less than 15,000 9-liter-equivalent total cases annually within the state of New Hampshire. II. In this section: (a) "Grown in New Hampshire" means that at least 80 percent of the primary ingredients were grown or produced in New Hampshire and the finished product was manufactured and packaged in New Hampshire. (b) "Made in New Hampshire" means that the finished product was packaged in New Hampshire and was at least 50 percent manufactured in New Hampshire. (c) "Packaged in New Hampshire" means that the finished product was packaged in New Hampshire. Source. 1990, 255:1, eff. July 1, 1990. 2019, 39:1, eff. July 14, 2019.

RSA 176:13 Listing and Delisting of Products.

176:13. Listing and Delisting of Products. I. All decisions regarding listing and delisting of products for sale shall be made by the commission. II. The commission shall adopt rules under RSA 541-A establishing procedures and criteria for listing and delisting of products for sale. These rules shall include procedures for appeal of commission decisions. III. All requests for action regarding listing or delisting from vendors or their representatives shall be submitted to the commission, to the attention of the chairman. Source. 1990, 255:1, eff. July 1, 1990.

RSA 176:14 Rulemaking.

176:14. Rulemaking. The commission shall adopt rules, under RSA 541-A, relative to: I. Procedures for regular and special meetings of the commission. II. Procedures for responses to petitions on rulemaking. III. Methods of complying with requests for information under RSA 91-A, including copying fees sufficient to cover the cost of copies. IV. Declaratory ruling procedures. V. Procedures for handling petitions from municipalities to revoke a liquor license. VI. Listing and delisting products for sale. VII. Liquor licenses, including: (a) Requirements and restrictions for each type of license. (b) Procedures and forms to apply for or renew a license. (c) Safekeeping of licenses. (d) Authorized expansion of a licensed facility and procedures for authorization. (e) Procedures to approve exceptions of license requirements, restrictions, and limitations. (f) Training and continuing education required or recommended for licensees. VIII. Licensee operations, including: (a) Procedures for on-premises and off-premises licensees to purchase wines and liquor. (b) Credit and billing procedures, including fees for late payment. (c) Bailment requirements, including fees. (d) Restrictions on packaging, promotions, signage, and operating hours. (e) Relations between types of licensees. (f) Procedures for public sampling of liquor, wine, or beverages pursuant to RSA 179:44. (g) Collection of additional fees required under RSA 178:6, VI, RSA 178:8, IV, and RSA 178:26. IX. Requirements and procedures for direct shipments. X. Any other matters necessary to implement their duties under this title. As a condition of the commission invoking its rulemaking authority under this paragraph, the liquor commission shall provide a written report detailing the necessity for the proposed rule as set forth in the rulemaking notice, to include any fiscal impact or policy implications related to the adoption of the proposed rule, to the chairpersons of the house and senate executive departments and administration committees, the chairpersons of the house and senate standing committees with jurisdiction over revenue collection, the joint legislative committee on administrative rules, and the chairperson of the fiscal committee of the general court. Source. 1990, 255:1. 1991, 204:1. 2013, 174:1, eff. July 2, 2013.

RSA 176:15 Insurance.

176:15. Insurance. The commission shall have power to insure the state liquor warehouse or warehouses and contents against fire and sprinkler damage and such insurance shall be purchased through the department of administrative services. Source. 1990, 255:1. 1992, 146:7. 1994, 158:11, eff. May 23, 1994.

RSA 176:16 Funds.

176:16. Funds. I. Except as provided in paragraph II, the state treasurer shall credit all gross revenue derived by the commission from the sale of liquor, or from license fees, and interest received on such moneys, to a special fund, to be known as the liquor commission fund, from which the treasurer shall pay all expenses of the commission incident to the administration of this title. Any balance left in such fund after such expenses are paid shall be deposited in the general fund on a monthly basis. II. Notwithstanding any provision of law, or the designation of the funds allocated by the state to the liquor commission as the liquor commission fund, the general court shall retain budgeting authority and control over the liquor commission. III. Five percent of the preceding fiscal year gross profits derived by the commission from the sale of liquor shall be deposited into the addiction, treatment, and prevention fund established by RSA 176-A:1. For the purpose of this section, gross profit shall be defined as total operating revenue minus the cost of sales and services as presented in the state of New Hampshire annual comprehensive financial report, statement of revenues, expenses, and changes in net position for proprietary funds. If the general court makes an appropriation to the governor's commission on addiction, treatment, and prevention upon enactment of the operating budget, the department of administrative services shall not transfer the 5 percent deposit as prescribed by this paragraph. If the general court does not make an appropriation to the governor's commission on addiction, treatment, and prevention, such deposit shall be processed in 2 installments as follows: (a) The commission shall process the initial deposit on or before August 1st of the ensuing fiscal year. Such deposit shall be calculated based on an estimate of the preceding fiscal year gross profit derived by the commission from the sale of liquor. (b) Upon issuance of the audited annual comprehensive financial report pursuant to RSA 21-I:8, II(a), the commission shall process a second and final deposit or adjustment. (c) If the amount of the initial deposit exceeds the final amount calculated based on the audited annual comprehensive financial report pursuant to RSA 21-I:8, II(a), the comptroller shall transfer the excess amount from the addiction, treatment, and prevention fund established by RSA 176-A:1 to the liquor fund. III-a. In order to facilitate the initial funding of the granite advantage health care trust fund, established under RSA 126-AA:3, for the period of January 1 to June 30, 2019, an amount no less than 1/2 of 5 percent of such gross profits based on the state comprehensive annual financial report for the state fiscal year 2017 shall be deposited into the alcohol abuse prevention and treatment fund no later than November 30, 2018. IV. Notwithstanding any other provision of law, if the expenditure of additional funds over budget estimates is necessary for the proper funding of retirement and health benefits for commission employees, the commissioner may request, with prior approval of the fiscal committee of the general court, that the governor and council authorize the transfer of funds from the liquor commission fund. V. The commissioner is authorized to transfer funds within and among all accounting units within the commission's operating budget and to create accounting units and expenditure classes as required and as the commissioner deems necessary and appropriate to address present or projected budget deficits, or to respond to changes in federal law, regulations, or programs, and otherwise as necessary for the efficient management of the liquor commission. Any individual transfer of $75,000 or more shall require prior approval of the fiscal committee of the general court and governor and council, and any determination of this prior approval requirement shall not be determined on a cumulative basis. The provisions of this section shall not be subject to RSA 9:16-a, RSA 9:17-a, and RSA 9:17-c. VI. The commission is authorized to transfer funds for its employee incentive program from the liquor commission fund to such accounts as required to compensate qualifying employees as provided in the liquor commission rules, Liq 800. Source.Source. 1990, 255:1. 1996, 275:11. 2000, 328:2. 2009, 144:122. 2012, 247:21, eff. Aug. 17, 2012. 2015, 276:138, 251, 263, eff. July 1, 2015. 2016, 263:3, eff. June 15, 2016. 2017, 156:74, eff. July 1, 2017. 2018, 342:13, eff. Dec. 31, 2018. 2023, 79:10, 471, eff. July 1, 2023. 2024, 63:2, eff. Aug. 13, 2024. 2025, 141:296, eff. July 1, 2025.

RSA 176:17 Purchases by the Liquor Commission.

176:17. Purchases by the Liquor Commission. The liquor commission shall purchase all liquor, wine, and beverages from primary sources. For the purposes of this title,primary sourcemeans the manufacturer or producer, whether or not it is within the state. If a primary source is not available, the commissioner may, if he or she feels it is in the best interests of the state, allow an exemption and shall explain why such exemption has been allowed. Source. 1990, 255:1. 1994, 236:3. 2013, 258:7, eff. Sept. 22, 2013.

RSA 176:18 Contracts Entered into by the Liquor Commission.

176:18. Contracts Entered into by the Liquor Commission. Contracts in excess of $10,000 made or entered into by the liquor commission, including but not limited to contracts for warehousing, transportation, and advertising, shall be competitively bid, reviewed by the attorney general, and approved by the governor and council before becoming effective. This section shall not apply to leases of retail stores. If the commission uses competitive bidding, this section shall not apply to design, construction, renovation, relocation, and property management of retail stores, purchase of products for sale in retail stores, purchase of products for sale on a wholesale basis, or purchase of supplies pursuant to RSA 21-I:18, I(b). Source. 2013, 157:2, eff. June 28, 2013.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XIII-176.htmFetched: 10/20/2026

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