Revision: Dec. 10, 2009, midnight
HB 1352 – AS INTRODUCED
2010 SESSION
03/10
HOUSE BILL 1352
AN ACT relative to direct shippers.
COMMITTEE: Commerce and Consumer Affairs
This bill changes reporting requirements for direct shippers of alcoholic beverages and modifies the limitations on the number of containers of liquor and wine a direct shipper may ship to a customer.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2338
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to direct shippers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Direct Shippers. Amend RSA 178:27, III to read as follows:
III. No direct shipper shall ship more than 60 individual containers per label of not more than one liter each of liquor and not more than 12 - 9 liter cases or equivalent of wine to any one licensee in New Hampshire or to any consumer or consumer’s address in New Hampshire in any calendar year. Furthermore, in the event any manufacturer or wholesaler direct shipper wishes to ship more than a total of 1,200 individual containers of not more than one liter each of any particular liquor or wine directly to any combination of licensees and/or consumers in New Hampshire, the shipper shall offer to sell a matching amount to the commission or beer distributor at wholesale prices.
2 Direct Shippers; reports. Amend RSA 178:27, V to read as follows:
V.(a) Direct shippers shall file [invoices] reports for each shipment with the liquor commission [showing the retail price of the product], and shall pay a fee of 8 percent of the retail price for shipments of liquor, wine, beer, or beverage to the commission. Such [filings] reports shall be [monthly, and arrive at the commission no later than the tenth of the month following shipment] filed once per month for any month in which a shipment was made in a manner and form required by the commission and include the following information:
(1) The total amount of alcoholic beverages shipped into or within the state for the preceding month.
(2) The names and addresses of the purchasers to whom the alcoholic beverages were shipped.
(3) The date of purchase, if appropriate, the name of the common carrier used to make each delivery, and the quantity and retail value of each shipment.
(b) The commission may assess a $250 penalty for failure to report to the commission in a timely manner.
(c) Direct shippers shall maintain records for at least 3 years which will permit the commission to ascertain the truthfulness of the information filed and permit the commission to perform an audit of the direct shippers’ filings upon reasonable request. Wholesale shipments of any liquor or wine shall be permitted only in accordance with RSA 175:6.
3 Filing of Direct Shipper Reports. The liquor commission shall make all reasonable efforts to convert the reporting requirements for direct shippers under RSA 178:27, V to an electronic reporting system within 6 months of the effective date of this section.
4 Effective Date. This act shall take effect January 1, 2011.