N.H. Admin. Code § Liq 308.02

Current through Register No. 50, December 12, 2024

Section Liq 308.02 - De-listing Criteria

(a) In addition to considerations previously set forth in this chapter in Liq 303.04, the commission shall de-list an item for any of the following reasons:

(1) Gross profit of a distilled spirit product, prepared cocktail or mixed drink is less than the gross profit determined and posted by the commission for its class for the previous 12 consecutive fiscal months as recorded in the monthly SA620 gross profit reports; and

(2) Gross profit of a specialty item is less than the gross profit determined and posted by the commission for its class based on the following ratio of the gross profit criteria for each product segment:

a. Popular brands - 95 per cent;

b. Premium brands - 90 per cent;

c. Super premium brands - 75 per cent; and

d. Ultra premium brands - 60 per cent;

(3) The product becomes unavailable to the commission for any reason;

(4) The vendor or manufacturer of the product requests that the product be de-listed; and

(5) The product fails to reach the required gross profit during the test market period.

(b) The commission shall remove an item from sale in state liquor stores for any of the following reasons:

(1) Gross profit of a dessert wine, table wine, or vermouth for the previous 12 consecutive fiscal months as recorded in the monthly SA620 gross profit reports is less than $6,500 total, $3,250 of which shall be obtained through state store sales; or

(2) Specialty wines no longer meet the requirements of Liq 304.03(d)(1);

(c) For the purposes of delisting or removal from state liquor stores, the period for necessary gross profit of an item shall begin with the date the product is first available for sale in commission stores.

(d) Certified mail shall be used by the commission when notifying a vendor or manufacturer of their product's de-listing.

N.H. Admin. Code § Liq 308.02

(See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss by #6515, eff 7-1-97; ss by #7085, eff 8-27-99, EXPIRED: 8-27-07

New. #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

New. #10463, eff 11-21-13