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NEW HAMPSHIRE STATUTES AND CODES

Section 179:31 Advertising Restrictions.

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   I. Advertising of liquor or beverages by the use of sound trucks or outdoor internally illuminated screen displays is prohibited.   II. Manufacturers, wholesale distributors, or wine and liquor vendors or their salespersons may distribute samples of their products to licensees for purposes of tasting.The following restrictions shall apply:      (a) Beer samples shall not exceed one 6-pack.      (b) Wine samples shall not exceed 2 750 ml. bottles.      (c) Liquor samples shall not exceed one 750 ml. bottle.      (d) Wine coolers samples shall not exceed one 4-pack, or the product's normal marketing unit.      (e) All liquor or wine for this purpose shall be purchased from the commission.      (f) All beverage, wine, or liquor samples may be added to the retailer's inventory for sale.      (g) All beverage furnished as samples shall be considered sales for the requirements of RSA 178:26.   III. Liquor and wine representatives or salespersons shall not enter state operated stores or warehouses operated by the commission for the purpose of sales promotion or to secure information regarding inventory sales movement without specific permission from the commission.   IV. The listing of retail prices on behalf of retail licensees, by a holder of a wholesale distributor license, is prohibited in all newspaper, magazine, periodical, radio or television advertising.   V. All liquor and beverage advertising, or any claims for liquor or beverage advertising shall conform with the standards set forth in regulations under the provisions of the federal Alcoholic Administration Act.   VI. Liquor and beverage advertising shall not be inconsistent with the description of the contents on labels of any such liquor or beverage.   VII. Advertising of liquor or beverages shall not contain:      (a) Any reference to minors, pictorial or otherwise.      (b) Any subject matter or illustrations inducing persons under the legal drinking age to drink.All coupon offers requiring consumer participation shall contain reference that the coupon offer is available only to persons of legal drinking age.      (c) Any statement that is false or misleading.   VIII. Coupon offers shall be redeemed by the vendor or the vendor's agent as specified in the offer.No redemptions shall be made by state stores.   IX. Advertising of liquor or beverages shall not be inconsistent with the spirit of safety or safe driving.   X. It shall be the responsibility of the advertiser to insure that all advertising copy is in complete conformity with the New Hampshire laws and rules.   XI. No advertising or promotion shall be done by the use of a billboard.Advertising shall not contain any reference to a ""happy hour'' except that a ""happy hour schedule'' may be posted within the licensed premises, not in view of any public way,a and an on-premises licensee may advertise or promote the holding of a ""champagne brunch'' or similar package.   XII. No holder of a beverage manufacturer license, wholesale distributor license, or beverage vendor license shall advertise, either directly or indirectly, in any booklet, program, program book, yearbook, magazine, newspaper, periodical, brochure, circular, or other similar publication published by, for, or in behalf of any religious, fraternal, educational, patriotic, social, or civic group.No on-premises licensee or off-premises licensee, any group thereof, or any holder of a beverage manufacturer license, wholesale distributor license, or vendor license, through any control, ownership, interlocking ownership, interlocking directors, or otherwise shall advertise or cause any manner or form of advertising to be inserted in such publications.Source.1990, 255:1. 1991, 355:59.1992, 195:2.1996, 275:27, eff. June 10, 1996.2003, 231:27, 28, eff. July 1, 2003.
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  •    I. Advertising of liquor or beverages by the use of sound trucks or outdoor internally illuminated screen displays is prohibited.
       II. Manufacturers, wholesale distributors, or wine and liquor vendors or their salespersons may distribute samples of their products to licensees for purposes of tasting. The following restrictions shall apply:
          (a) Beer samples shall not exceed one 6-pack.
          (b) Wine samples shall not exceed 2 750 ml. bottles.
          (c) Liquor samples shall not exceed one 750 ml. bottle.
          (d) Wine coolers samples shall not exceed one 4-pack, or the product's normal marketing unit.
          (e) All liquor or wine for this purpose shall be purchased from the commission.
          (f) All beverage, wine, or liquor samples may be added to the retailer's inventory for sale.
          (g) All beverage furnished as samples shall be considered sales for the requirements of RSA 178:26.
       III. Liquor and wine representatives or salespersons shall not enter state operated stores or warehouses operated by the commission for the purpose of sales promotion or to secure information regarding inventory sales movement without specific permission from the commission.
       IV. The listing of retail prices on behalf of retail licensees, by a holder of a wholesale distributor license, is prohibited in all newspaper, magazine, periodical, radio or television advertising.
       V. All liquor and beverage advertising, or any claims for liquor or beverage advertising shall conform with the standards set forth in regulations under the provisions of the federal Alcoholic Administration Act.
       VI. Liquor and beverage advertising shall not be inconsistent with the description of the contents on labels of any such liquor or beverage.
       VII. Advertising of liquor or beverages shall not contain:
          (a) Any reference to minors, pictorial or otherwise.
          (b) Any subject matter or illustrations inducing persons under the legal drinking age to drink. All coupon offers requiring consumer participation shall contain reference that the coupon offer is available only to persons of legal drinking age.
          (c) Any statement that is false or misleading.
       VIII. Coupon offers shall be redeemed by the vendor or the vendor's agent as specified in the offer. No redemptions shall be made by state stores.
       IX. Advertising of liquor or beverages shall not be inconsistent with the spirit of safety or safe driving.
       X. It shall be the responsibility of the advertiser to insure that all advertising copy is in complete conformity with the New Hampshire laws and rules.
       XI. No advertising or promotion shall be done by the use of a billboard. Advertising shall not contain any reference to a ""happy hour'' except that a ""happy hour schedule'' may be posted within the licensed premises, not in view of any public way,a and an on-premises licensee may advertise or promote the holding of a ""champagne brunch'' or similar package.
       XII. No holder of a beverage manufacturer license, wholesale distributor license, or beverage vendor license shall advertise, either directly or indirectly, in any booklet, program, program book, yearbook, magazine, newspaper, periodical, brochure, circular, or other similar publication published by, for, or in behalf of any religious, fraternal, educational, patriotic, social, or civic group. No on-premises licensee or off-premises licensee, any group thereof, or any holder of a beverage manufacturer license, wholesale distributor license, or vendor license, through any control, ownership, interlocking ownership, interlocking directors, or otherwise shall advertise or cause any manner or form of advertising to be inserted in such publications.

    Source. 1990, 255:1. 1991, 355:59. 1992, 195:2. 1996, 275:27, eff. June 10, 1996. 2003, 231:27, 28, eff. July 1, 2003.

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