RSA 178:13 · Brew Pub License

178:13 Brew Pub License. –

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I.

A brew pub license shall authorize the licensee to manufacture beer or cider in quantities not to exceed 2,500 barrels annually primarily for consumption on the licensed premises.

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II.

A brew pub licensee may sell beer or cider manufactured on the premises or manufactured by the licensee at a host brewer facility to individuals for on-premises and off-premises consumption and to New Hampshire licensed retailers and wholesalers. A brew pub shall maintain a full service restaurant and may subsequently serve beverage and liquor as permitted by RSA 178:21, II(a)(1), RSA 178:22, V(e)(2), and RSA 178:22, V(q).

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III.

Each brew pub shall maintain records showing all transactions associated with the business and shall file reports with the commission on or before the fifteenth day of the following month, either electronically or in writing, which shall indicate the sales made under paragraph II.

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IV.

A brew pub licensee shall pay the same monthly fee as required by RSA 178:26 for each gallon of beverage manufactured less the quantities sold outside New Hampshire or to New Hampshire wholesalers. Fees shall be paid to the commission on or before the fifteenth day of the following month.

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V.

Each brew pub licensee shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.

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VI.

A brew pub licensee may transport its products to a farmers' market, and may sell such products at retail in the original container.

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VII.

A brew pub licensee may be issued a tenant brewer license under RSA 178:12-b if the licensee meets the requirements of RSA 178:12-b. Beer or specialty beer produced or packaged by a brew pub licensee as a tenant brewer at a host brewer facility shall be included in the production limit in paragraph I.

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VIII.

Any brew pub licensee manufacturing and selling cider shall pay an annual fee of $240 in addition to any other fees paid by the licensee.

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IX.

Each brew pub shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state. A brew pub in a contract brewing arrangement may transport the beverage produced by the contract brewer in barrels, kegs, bottles, or other closed containers within the state for storage or to the state border for transportation and sale outside the state.

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X.

A brew pub may enter into a contract brewing arrangement with a contract brewer brewing in the state of New Hampshire after the brew pub has been in operation for one year. Beverages produced by a contract brewer intended for sale outside the state may be warehoused at the brew pub's facility or at some other facility accessible only to the brew pub. A contract brewer shall not deliver beverages to on-premises and off-premises licensees within the state. A brew pub shall file all contract brewing arrangements with the commission. A brew pub shall not enter into a contract brewing arrangement with a contract brewer if it does not brew at least 10 barrels annually.

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XI.

Brew pubs and contract brewers shall be allowed to store beverages manufactured in accordance with the provisions of this title in a storage facility licensed by the commission. Brew pubs and contract brewers storing beverages in a warehouse licensed under RSA 178:11, or other facility approved by the commissioner for the purpose of storing alcohol, shall keep records of the type, quality and destination of beverages removed from storage. Such records shall be retained by the brew pub or contract brewer using the facility and shall be made available to the commission upon request.

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XII.

Annual on-site production by a brew pub shall not be less than their production for the calendar year prior to entering into an arrangement with a contract brewer. Total production including tenant and contract brewers, shall be at least 10 barrels and shall not exceed 2,500 barrels annually.

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XIII.

The brew pub shall submit to the liquor commission an annual report of all beverages by:

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(a)

The brew pub on-site.

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(b)

Any tenant brewer.

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(c)

Any contract brewer the brew pub has contracted with under paragraph X.

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XIV.

All taxes due on product that is made by a contract brewer shall be paid by the brew pub.

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XV.

Notwithstanding the provisions of RSA 179:11, a holder of a brew pub license may hold an on-premises or off-premises license under this chapter, provided that:

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(a)

The brew pub licensee does not hold any other type of manufacturing license under this title; and

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(b)

Brew pub licensees holding one or more on-premises or off-premises licenses shall be limited to self- distributing to not more than one on-premises license owned by the brew pub licensee and shall not exceed 2,500 barrels of beer and/or cider during their licensing period. Nothing in this section shall authorize the holder of multiple brew pub licenses to self-distribute to more than one commonly owned on-premises or off-premises license. Source. 2003, 231:13. 2007, 20:1. 2012, 140:3, eff. Aug. 6, 2012. 2014, 200:10, 11, eff. July 1, 2014. 2017, 120:2, 3, eff. Aug. 15, 2017. 2021, 180:3, eff. July 1, 2021. 2023, 202:6, eff. Jan. 1, 2024. 2024, 339:1, eff. Oct. 1, 2024. 2025, 146:1, eff. Aug. 30, 2025.

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