This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 178:27 · Direct Shippers

178:27 Direct Shippers. –

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I.

(a) Notwithstanding any other provision of law to the contrary, any person currently licensed in its state of domicile as a wine manufacturer, beverage manufacturer, importer, wholesaler, or retailer shall apply for a direct shipper permit from the commission.

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(b)

Applicants for a direct shipper permit shall be exempt from the provision of RSA 178:1, I requiring registration with the secretary of state, if the applicant is duly organized and registered to do business under the laws of the state in which the applicant is domiciled.

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II.

A direct shipper may ship directly to New Hampshire consumers over 21 years of age or licensees in packages clearly marked "Alcoholic Beverages, adult signature (over 21 years of age) required." All shipments from direct shippers into the state shall be made by a licensed carrier and such carriers are required to obtain an adult signature. Direct shippers or carriers shall not ship into areas of the state where alcohol beverages may not be lawfully sold. Liquor and wine that has been registered for sale to the commission with the commission during the previous 2 months may be direct shipped only if the shipper offers to sell a matching amount to the commission at wholesale. Shipments of any other products shall be considered unlicensed shipments under the provisions of RSA 178:1, I.

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III.

Except with written permission of the commission, no direct shipper shall ship more than 60 individual containers of not more than one liter each of liquor and not more than 12 - 9 liter cases or equivalent of wine to any one consumer in New Hampshire in any calendar year. The commission shall only grant permission for additional shipments if the additional shipments are of products not otherwise available in New Hampshire. Furthermore, in the event any direct shipper wishes to ship more than a total of 600 liters of any particular liquor or wine directly to any combination of licensees and/or consumers in New Hampshire, the shipper shall offer to sell a matching amount to the commission or beer distributor at the lower of the wholesale price or the lowest price delivered into New Hampshire. A licensee may purchase from a direct shipper pursuant to RSA 179:32, III.

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IV.

No direct shipper shall ship more than 27 gallons of beer or beverage in individual containers of not more than one liter to any licensee or consumer in New Hampshire in any calendar year.

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V.

(a) Direct shippers shall file reports for each shipment with the liquor commission, and shall pay a fee of 8 percent of the retail price for shipments of liquor, wine, beer, or beverage to the commission. Such reports shall be filed once per month for any month in which a shipment was made in a manner and form required by the commission and include the following information:

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(1)

The total amount of alcoholic beverages shipped into or within the state for the preceding month.

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(2)

The names and addresses of the purchasers to whom the alcoholic beverages were shipped.

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(3)

The date of purchase, if appropriate, the name of the common carrier used to make each delivery, and the quantity and retail value of each shipment.

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(b)

The commission may assess a $250 penalty for failure to report to the commission in a timely manner.

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(c)

Direct shippers shall maintain records for at least 3 years which will permit the commission to ascertain the truthfulness of the information filed and permit the commission to perform an audit of the direct shippers' filings upon reasonable request. Wholesale shipments of any liquor or wine shall be permitted only in accordance with RSA 175:6.

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VI.

The liquor commission shall adopt rules, pursuant to RSA 541-A, relative to:

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(a)

The application procedures and form for the direct shipper permit authorized under paragraph I.

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(b)

The signature form or other identification procedures to be used by direct shippers to ensure that consumers to which liquor and beverage are being shipped are over 21 years of age.

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(c)

Filings of direct shippers under paragraph V.

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VII.

Notwithstanding the provisions of RSA 179:58, any person holding a direct shippers permit under this section who ships liquor, wine, or beer to a person under 21 years of age, shall be guilty of a class B felony and shall have such permit permanently revoked.

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VIII.

Upon notification by authorities in another state which imposes a reciprocal enforcement policy, a New Hampshire licensee proved to be making illegal direct shipments to consumers and licensees in said state shall be subject to action by the liquor commission. Such actions may include fines and suspension and revocation of New Hampshire liquor licenses. Source. 2003, 231:13. 2010, 300:2-4, eff. Jan. 1, 2011. 2021, 180:11, eff. July 1, 2021.

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Source note

Source. 2003, 231:13. 2010, 300:2-4, eff. Jan. 1, 2011. 2021, 180:11, eff. July 1, 2021.

Source history

  • 2003, 231:13
  • 2010, 300:2-4, eff. Jan. 1, 2011
  • 2021, 180:11, eff. July 1, 2021

Related materials

Bill relationships

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    t individual retail licensees from arranging for the delivery of wine products to a location central for the parties involved. 2 New Section; Restaurant Delivery License. Amend RSA 178 by inserting after section 21 the following new section: 178:21-a Restaurant Delivery License. I. Any on-premises licensee may purchase a restaurant delivery license from the commission for $250. Such license shall

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  • 2026 SB563 reference · effective 2026-07-01

    volume of sales that would occur under this new category but assumes it would be in the range of $10,000 to $100,000. The Commission notes current direct shipper licensees under RSA 178:27 pay a $100 annual license fee and an 8 percent fee on the retail value of sales. The new small winery license would replace or supplement these existing arrangements, potentially affecting both surcharge and fee collec

  • 2026 SB563 amend · effective 2026-07-01

    lative to direct shippers of wine. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Direct Wine Shipper; License. Amend RSA 178 by inserting after section 27-b the following new section: 178:27-c Direct Shippers; Small Wineries. I. In this section, “direct wine shipper” means a winery located outside of New Hampshire that produces fewer t

  • 2026 SB563-FN amend · effective 2026-07-01

    lative to direct shippers of wine. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Direct Wine Shipper; License. Amend RSA 178 by inserting after section 27-b the following new section: 178:27-c Direct Shippers; Small Wineries. I. In this section, “direct wine shipper” means a winery located outside of New Hampshire that produces fewer t

  • 2026 SB563-FN reference · effective 2026-07-01

    volume of sales that would occur under this new category but assumes it would be in the range of $10,000 to $100,000. The Commission notes current direct shipper licensees under RSA 178:27 pay a $100 annual license fee and an 8 percent fee on the retail value of sales. The new small winery license would replace or supplement these existing arrangements, potentially affecting both surcharge and fee collec