N.H. Admin. Code § Liq 402.01

Current through Register No. 50, December 12, 2024

Section Liq 402.01 - Purchase of Supplies of Liquor or Wine from the Commission

(a) All licensee orders to be picked up from a licensed or commission warehouse shall use the following procedure:

(1) Orders shall be submitted to the commission office through the commission's internet ordering system;

(2) Orders shall be on approved credit or shall be accompanied by acceptable payment;

(3) All orders shall be picked up at a date and time set by the warehouse;

(4) All orders shall be picked up:

a. By a licensed carrier who will make the delivery to the licensee; or

b. By the retail licensee, their employee, or other designated individual, only with presentation of a copy of the retail license at pickup; and

(5) The licensee shall pay all transportation charges;

(b) For all orders to be picked up at a commission liquor store, licensees shall submit a written or a telephone order to the store providing:

(1) The license number;

(2) The licensee name;

(3) The brand code(s);

(4) The brand name(s);

(5) The brand size(s); and

(6) Number of cases; or number of bottles, if available.

(c) All orders shall be picked-up at the commission liquor store by the licensee or designee at a date and time set by the store.

(d) Order approval, processing, and invoicing shall be on approved credit or orders shall be paid in full upon pickup by acceptable payment.

(e) Orders to be picked directly from the commission liquor store shelves by a licensee shall be subject to the following conditions:

(1) Orders shall be on approved credit or paid at the register by an acceptable form of payment; and

(2) Licensees picking directly from the store shelf shall pay "retail price", which for the purposes of this rule means:

a. For off-premises licensees, the price listed in the quarterly price list for off-premises licensees; or

b. For on-premises licensees the prevailing shelf price at the time of the sale.

(f) Any customer may elect to use a special order to obtain supplies not listed with the commission using the following procedure:

(1) A quote may be obtained by completing and submitting a "Customer Order Inquiry" form (revised 2/2021) with the required information to a commission liquor store or the commission office;

(2) The commission shall obtain a quote from a licensed vendor and return the quote to the customer;

(3) The customer may place an order for the product referenced in the quote before the expiration date of the quote;

(4) The order shall be submitted to a store or the commission office; and

(5) All orders shall be picked up and paid for at the store designated.

(g) Nothing in these rules shall be construed as to prohibit on-premises and off-premises licensees or customers from purchasing, at their own risk, through permitted direct shippers.

(h) Errors in ordering, shipping, billing, or receiving shall be reported, processed and the supplies returned within 30 days of their receipt.

(i) Errors in an order from the warehouse shall be resolved pursuant to Liq 906.02 by contacting the commission office.

(j) Errors in an order from a commission liquor store shall be resolved pursuant to Liq 906.02 at the store where the sale was made.

(k) Incomplete orders and orders submitted without payment or not in compliance with Liq 900 shall not be processed and shall be returned stating the reasons therefore.

N.H. Admin. Code § Liq 402.01

(See Revision Note at chapter heading for Liq 400) #5043, eff 1-11-91; ss by #5180, eff 7-22-91; ss by #6391, eff 11-28-96, EXPIRED: 11-28-04

New. #8243, eff 12-31-04, EXPIRED: 12-31-12

Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10643, Effective 7/18/2014, Expires7/18/2024.

Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #13225, Effective 6/30/2021, Expires 6/30/2031.