Section 178:28 Discount and Credit on Sales to Licensees.
Pursuant to RSA 541-A and in furtherance of the objectives of this chapter and title, the commission shall adopt rules providing for the following:
I. When fixing the price for sale of liquor and wine to on-premises licensees, the commission may allow discounts at percentages to be determined by the commission from the regular retail price on case lot orders F.O.B. the warehouse or commission direct delivery system. No discount determined by the commissioner under this paragraph shall be less than 10 percent.
II. The commission shall adopt a schedule of hours and procedures by which wine and liquor may be purchased from the warehouse or state liquor store for resale by on-premises licensees on a credit basis, the terms of which shall provide for payment of accounts within a time period not to exceed 30 days and not less than 15 days to be determined by the commission.
III. The commission may adopt procedures by which on-premises licensees may purchase liquor for resale by credit card from state liquor stores, the warehouse, or the commission direct delivery system.
IV. A schedule of hours and procedures by which holders of off-premises retail licenses may purchase fortified wines and table wines by the bottle at state retail liquor stores.
V. A schedule of hours and procedures by which fortified wines and table wines may be purchased at the discount price for resale by holders of off-premises retail licenses at percentages of discount to be determined by the commission. Discounts for holders of off-premises retail licenses with annual wine purchases under $350,000 shall be no less than 15 percent less than the regular retail price in the liquor stores and 20 percent less than the regular price F.O.B. at the warehouse.
V-a. For the purpose of this provision, any person holding 2 or more licenses under RSA 178:18 with combined annual wine purchases under $350,000 shall receive at least 15 percent less than the regular retail price in the liquor stores and at least 20 percent less than the regular price F.O.B. at the warehouse. All combined annual wine purchases over $350,000 shall receive at least 10 percent less than the regular price F.O.B. at the warehouse.
V-b. The commission, in its discretion, may adjust discounts for off-premises licensees to optimize the profitability of the commission and maintain proper controls; provided that the commission does not reduce discounts below the percentages stated in paragraphs V or V-a.
VI. A schedule of hours and procedures by which fortified wines and table wines may be purchased for resale by holders of off-premises retail licenses on a credit basis, the terms of which shall provide for payment of accounts within a time period not to exceed 30 days and not less than 15 days to be determined by the commission.
Source. 2003, 231:13, eff. July 1, 2003. 2008, 296:12, eff. July 1, 2008.