nh-2026-221: Public Sampling or Tasting of Beverage/Liquor/Wine Pursuant to RSA 179:44

1. Agency: Liquor Commission

Agency Address: Liquor Commission 50 Storrs Street, Concord, NH 03301

6. (a) Summary of what the rule says and of any proposed amendments including

whether the rule implements a state statute for the first time: Through these amendments, the New Hampshire Liquor Commission intends to adopt rules related to social districts and self-automated pour systems necessary because of new legislation. Additionally, Part Liq 405 will be readopted with amendment to align the rules with statutory changes, procedural requirements, and to provide clarity. Part Liq. 407 - The proposed rules for self-pour automated systems address new statute RSA 178:22-a. A licensee business seeking to implement a self-pour automated system may incur administrative costs associated with the filing of Form LTW-64 as required by Liq. 407.02. Part Liq. 405 - The proposed rule changes regarding tastings and samplings aim to clearly distinguish between the two terms. By defining the differences, manufacturers will gain a better understanding of the specific duties and responsibilities involved when conducting tastings or samplings. ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/12/2026 Part Liq. 406 - The proposed rules for social districts address new statutes RSA 178:33 through RSA 178:38. Part Liq. 407 - The proposed rules for self-pour automated systems address new statute RSA 178:22-a. X Does this rule implement a state statute for the first time? If yes, please explain: This proposal implements a state statute for the first time, specifically RSA 178:22- a, and RSA 178:33 through RSA 178:38. 6. (b) Brief description of the groups affected: Licensees opting to implement a self-pour automated system may see increased revenue due to reduced staffing requirements but will incur the cost of implementing the self pour technology. Additionally, as required by RSA 178:22-a, VII, proposed rule Liq. 407.03 implements sales limitations that may impact a licensee’s alcohol sales. The rule changes may impact a licensee’s decision to conduct a tasting or sampling. Tastings and samplings conducted by in state manufacturers are an essential way to promote their products to consumers. Manufacturers are permitted to charge fees for both tastings and samplings. 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: RULE STATUTE Liq 405 RSA 179:44 Liq 406.01 RSA 178:33, I; RSA 178:34, I; and RSA 178:33, II Liq 406.02 RSA 178:35 Liq 406.03 RSA 178:34 Liq 406.04 RSA 178:36; Liq 407 RSA 178:22-a

7. Contact person for copies and questions including requests to accommodate

persons with disabilities: Name: Patricia L. Peters, Esq. Title: Director of Administration Address: 50 Storrs Street, Concord, NH 03301 Phone Number: (603) 230-3199 FAX Number: Email: patricia.l.peters@liquor.nh.gov ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/12/2026

8. Deadline for submission of materials in writing or, if practicable for the agency, in

the electronic format specified: Monday, November 23, 2026 _ Fax X Email patricia.l.peters@liquor.nh.gov _ Other

9. Public hearing scheduled for:

Date: Friday, November 13, 2026 Time: 9:00 AM Place: NHLC Headquarters 50 Storrs Street Concord, NH 03301 Electronic Access, if applicable: N/A

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant):

FIS #: 26:187, dated: Thursday, October 8, 2026

1. Comparison of the costs of the proposed rule(s) to the existing rule(s):

There is no difference in costs when comparing the proposed rules to the existing rules. Not applicable to Liq 406 and Liq 407 as these are new rules.

2. Cite the Federal mandate. Identify the impact on state funds:

No federal mandate, no impact on state funds.

3. Cost and benefits of the proposed rule(s):

The proposed rules amend requirements related to public sampling and tastings and establish new rules related to social districts and self-automated pour systems. The requirements associated with the establishment of social districts are contained in RSA 178:33 through RSA 178:38, and the requirements associated with the use of self- automated pour systems are contained in RSA 178:22-a. The proposed rules implement these statutory requirements and establish related procedures. Therefore, any fiscal impacts associated with social districts and self-automated pour systems are attributable to statute rather than the proposed rules. The changes to public sampling and tasting requirements may result in incidental administrative costs to certain independently owned businesses, which can be absorbed within their existing operations.

A. To State general or State special funds:

None. ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/12/2026

C. To independently owned businesses:

None. 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: The proposed rules do not violate Part I, Article 28-a of the N.H. Constitution. The proposed rules do not create a new program, or responsibility but seeks to expand or modify an existing program or responsibility. However, the rules do not mandate or assign responsibility to any political subdivision that would increase the costs the political subdivision must pay and therefore, does not violate Part I, Article 28-a of the NH Constitution. ADMINISTRATIVE RULES (603) 271-3680 Generated on 10/12/2026