By StartBusinessByStatePublisher: Robert SmithResearch process
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New Hampshire is a control state, so the agency that licenses your bar is also the only place your bar can buy its liquor. The State Liquor Commission issues every on-premises license, and RSA 179:32 requires licensees to purchase their supplies of liquor and wine from the Commission itself. The fees are set in statute: a restaurant pays $480 a year to serve beer, $840 for beer and wine, and $1,200 for a cocktail lounge license that adds liquor, with a $100 processing and investigation fee on the application. Two rules shape the rest. A restaurant must show that at least 50 percent of its sales are food unless its food sales top $75,000 a year, and within 45 days of the license issuing the owner or a designated manager must sit through the Commission’s own training program, which is free and mandatory. Whether a license can issue at all depends on whether the town has voted to allow it.
Training: Mandatory for the Owner or Manager, Free, Within 45 Days
New Hampshire puts the training duty on management rather than on each bartender. RSA 178:2 requires every holder of a retail license to attend a Commission training program within 45 calendar days of the license issuing, and names who must sit in the room: the proprietor of a sole proprietorship or a manager designated in the proprietor’s place, all partners or a designated manager, an officer or designated management representative of a corporation, or a member or designated manager of an LLC. The Commission “shall provide the training program without additional fees or cost to the licensee,” and the curriculum covers state law, sales practices, criminal and civil liability, and management practices meant to reduce underage access and overservice. Missing it has teeth: the Commission may suspend the license until the training is completed. A one-day license requires a management representative to attend before the event.
Servers are not licensed and the statute does not require them to train, but RSA 507-F, the state’s dram shop chapter, makes their training count. Under 507-F:6 a licensee sued for serving an intoxicated person may show it was following “responsible business practices,” and the statute lists “comprehensive training of the defendant and the defendant’s employees and agents who are present at the time of service” as the first kind of evidence that satisfies it. Maine uses the same device, an approved course admissible as evidence of non-negligence. In New Hampshire the owner’s training is required and the staff’s is the defense.
The Town Votes, the Commission Licenses, the State Sells
Each on-premises license class in RSA 178:20 through 178:22 opens with the same condition: the Commission may issue it “in any town which has voted to accept the provisions of RSA 663:5.” Beer-and-wine restaurant licenses need a town that accepted the beverage and wine questions; full liquor licenses need the liquor question as well. Hotels are the exception, licensed under 178:21 even in a town that voted no. RSA 178:1 makes selling without a license a class B felony and requires the business to register with the Secretary of State first, and 178:3 limits licenses to United States citizens, registered resident aliens and entities registered to do business in New Hampshire, bars anyone with a felony conviction (or any entity where a person with a controlling interest has one), requires every applicant and controlling person to be at least 21, and asks the Commission to find the location appropriate for the neighborhood and the number of similar businesses in it. Applications disclose every person with a right to control the business, and any change to that information must be filed within 30 days; a transfer of control needs the Commission’s prior approval.
The purchasing rule is what makes this a control state for a bar and not just for a shopper. RSA 179:32 says “all licensees shall purchase their supplies of liquor and wine from the commission or as provided by law” (an on-premises licensee may buy from an agency store with approval), while beer comes from licensed wholesale distributors and manufacturers. Vermont and Mississippi run their spirits the same way; Nevada and Arkansas leave wholesale to private distributors.
Which License, and What It Requires
RSA 178:20 covers beverage and wine licenses for restaurants, bed and breakfasts, dining cars and vessels, sold “at such times as food is available.” RSA 178:21 covers beverage and liquor licenses for full-service restaurants and hotels: liquor at tables in approved dining rooms when the kitchen is operating and meals are being actively promoted, and only to a restaurant that shows, on forms covering the prior 12 months, that at least 50 percent of gross sales are food. Restaurants with annual food sales of at least $75,000 are exempt from the percentage, the dining room must serve evening meals at least five days a week unless the Commission grants an exemption, and the dining room “shall not be used as a substitute for lounge operations.” RSA 178:22 covers cocktail lounge licenses, the bar license proper, for restaurants, hotels, ballrooms, caterers, clubs and others; a restaurant lounge must show that at least 50 percent of combined restaurant and lounge sales are food, again with the $75,000 exemption, and no one under 18 may be in the lounge without a parent, guardian or adult spouse.
Fees are in RSA 178:29 and are paid annually: a restaurant is $480 for beverages only, $840 for beverages and wine, and $1,200 with a cocktail lounge; a hotel is $840 or $1,200; a bed and breakfast $480 or $840; a private club, college club, airport or ballroom lounge $1,200; a convention center $2,400; a one-day license $100. The Commission’s rules add a $100 processing and investigation fee for each new application other than a one-day, festival or representative license. A license expires on the last day of the licensee’s birthday month, or for an entity the month it was organized, and cannot be transferred without the Commission’s consent.
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What It Costs
| License or requirement | What it does | Fee |
|---|---|---|
| Restaurant, beverages only | Beer and specialty beverages with food available (RSA 178:20) | $480 a year |
| Restaurant, beverages and wine | Adds wine by the glass or bottle | $840 a year |
| Restaurant cocktail lounge | Liquor by the glass; the bar license (RSA 178:22) | $1,200 a year |
| Hotel | Beverages and wine / with cocktail lounge; licensed even in a town that voted no | $840 / $1,200 |
| Bed and breakfast | Beverages and wine / with liquor; at least 4 rentable rooms | $480 / $840 |
| Private club, college club, airport, ballroom lounge | Cocktail lounge classes | $1,200 |
| Convention center | $2,400 | |
| One-day license | Management representative trains first | $100 |
| Processing and investigation fee | Each new application (Liq 701.08) | $100 |
| Management training | Owner or designated manager, within 45 days of issuance | Free; provided by the Commission |
| Liquor and wine inventory | Purchased from the Commission (RSA 179:32) | Commission prices |
| New Hampshire LLC | Certificate of Formation; annual report by April 1 | $100; $100 a year ($50 late fee) |
A Dram Shop Law Written for the Defense
RSA 507-F is one of the more carefully built liability chapters in the country, and it runs in the licensee’s favor at almost every turn. Negligent service under 507-F:4 means serving a minor or an intoxicated person when the server “knows or if a reasonably prudent person in like circumstances would know” the fact, and the drinker cannot bring a negligence claim at all: 507-F:2 bars the intoxicated person from suing for negligent service, leaving only third parties. The drinker’s own claim survives only for reckless service under 507-F:5, intentional service the server knows creates an unreasonable risk of harm, with the statute’s own examples: encouraging an intoxicated person to keep drinking, serving someone 16 or under, service so continuous it risks alcohol poisoning, or helping an obviously intoxicated patron into a car.
Then comes 507-F:6, the responsible business practices defense. Service “is not negligent or reckless if the defendant, at the time of the service, is adhering to responsible business practices,” and the statute spells out what counts: comprehensive staff training, policies that discourage intoxication and promote food and non-alcoholic drinks, safe-ride alternatives, a ban on employees drinking on duty, ID-checking procedures and enough trained staff for the size of the room. Actual knowledge that a patron is intoxicated or underage defeats the defense; short of that, the training file is the case. Section 507-F:7 adds immunity for refusing service, holding a suspicious ID, and using reasonable force to stop an intoxicated patron from driving, and 507-F:8 makes the chapter the exclusive remedy. Nevada goes further and shields licensed sellers outright; Arkansas hands the visibly-intoxicated question to a jury with an affirmative defense; New Hampshire lets the licensee earn its defense in advance.
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How to Get Licensed, In Order
- Confirm the town’s vote. The license class you want must be one the town has accepted under RSA 663:5; beer and wine and full liquor are separate questions. Hotels are licensed regardless.
- Register the entity first — RSA 178:1 requires registration with the Secretary of State before a license can issue. A New Hampshire LLC Certificate of Formation is $100, and any trade name on the sign must be registered too.
- Pick the class: beverages only, beverages and wine, or a cocktail lounge for liquor. A restaurant lounge needs 50 percent of combined sales in food or $75,000 a year in food sales, and a dining room open for evening meals five days a week.
- File the Commission’s application under oath, disclosing every owner and person with a right to control the business, with the $100 processing and investigation fee and the annual license fee.
- Clear the qualifications: citizenship or resident-alien status or a registered entity, everyone 21 or older, no felony conviction among controlling persons, and a location the Commission finds appropriate.
- Attend the training within 45 days of issuance — the owner, a partner, an officer or a designated manager — or the Commission may suspend the license until you do.
- Set up purchasing with the Commission for liquor and wine and with licensed wholesalers for beer, and keep 60 days of invoices on the premises for inspection.
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Staying Licensed
Your renewal month is your birthday month. Under RSA 178:29 a license expires on the last day of the month of the licensee’s birthday, or for a company the month it was organized; after a year you may pick a different anniversary month once, then keep it for three years.
Report changes within 30 days. RSA 178:3 requires the application to be updated within 30 days of any change, and a transfer of control needs the Commission’s prior approval; failing to report is grounds for suspension.
Keep the food percentage current. The Commission reviews the 50 percent test at least annually and at every renewal; seasonal restaurants get a prorated food-sales requirement.
Buy only where the statute says. Liquor and wine from the Commission (or an approved agency store), beer from licensed wholesalers; RSA 179:35 requires 60 days of invoices and delivery slips on the premises.
Data for New Hampshire
Free research and planning tools for starting a business that sells alcohol in New Hampshire. Most of the data pages compare every state, so look for New Hampshire in the table or map.
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Frequently Asked Questions
How much is a liquor license in New Hampshire?
RSA 178:29 sets annual fees by license class. A restaurant pays $480 for beverages only, $840 for beverages and wine, and $1,200 for a cocktail lounge license that adds liquor by the glass; a hotel pays $840 or $1,200; a bed and breakfast $480 or $840; private clubs, college clubs, airports and ballrooms $1,200; a convention center $2,400; a one-day license $100. The Commission’s rules add a $100 processing and investigation fee to each new application.
Do you need a license to bartend in New Hampshire?
No. New Hampshire does not license servers. RSA 178:2 puts the training duty on the business: the owner, a partner, an officer or a designated manager must attend the Liquor Commission’s training program within 45 calendar days of the license issuing, at no cost, or the Commission may suspend the license. Staff training is voluntary but valuable, because RSA 507-F:6 counts comprehensive employee training as evidence of the responsible business practices that defeat a dram shop claim.
Where does a New Hampshire bar buy its liquor?
From the state. RSA 179:32 requires all licensees to purchase their supplies of liquor and wine from the Liquor Commission, or, for an on-premises licensee with the Commission’s approval, from an agency store. Beer and other beverages come from licensed wholesale distributors, manufacturers and brew pubs. RSA 179:35 requires 60 days of purchase invoices to be kept on the premises.
Does a New Hampshire restaurant have to sell food to serve liquor?
Yes. Under RSA 178:21 a full-service restaurant license issues only to a restaurant showing that at least 50 percent of gross sales over the prior 12 months were food, with restaurants whose annual food sales reach at least $75,000 exempt from the percentage, and the dining room must be open for evening meals at least five days a week unless the Commission grants an exemption. A restaurant cocktail lounge under RSA 178:22 applies the same 50 percent test to combined restaurant and lounge sales.
Can any town in New Hampshire have a bar?
Only a town that has voted for it. RSA 178:20, 178:21 and 178:22 each allow the Commission to issue the license only in a town that has voted to accept the corresponding provisions of RSA 663:5, with beverages, wine and liquor as separate questions. Hotels are the exception: RSA 178:21 lets the Commission license a hotel even where the town has voted not to approve beverage sales.
Can a New Hampshire bar be sued for over-serving?
Yes, under RSA 507-F, but on the licensee’s terms. Negligent service to a minor or an intoxicated person requires that the server knew or a reasonably prudent person would have known; the intoxicated person cannot sue for negligent service and may sue only for reckless service. Under 507-F:6 service is not negligent or reckless if the business was following responsible business practices, with comprehensive staff training and management policies as the listed evidence, and 507-F:8 makes the chapter the exclusive remedy.
What does a New Hampshire LLC cost?
RSA 304-C:191 sets the Certificate of Formation fee at $100 and the annual report fee at $100, with a $50 late fee if the report is not filed or paid by April 1. RSA 178:1 requires the business to be registered with the Secretary of State before a liquor license can issue, and any trade name displayed outside the premises must be registered as well.
Forming the company, taxes, insurance, and hiring are covered in our full guide to starting a business in New Hampshire.
Sources
| Source | What It Covers |
|---|---|
| RSA 178:2 — Licenses Authorized; Training Required | The commission shall require all persons who hold a retail license to attend a training program within 45 calendar days of the issuance of the license; the commission shall provide the training program without additional fees or cost to the licensee; the program covers state law, alcohol sales practices, criminal and civil liability, and management practices to reduce access by persons under 21 and overservice; attended by the proprietor or a designated manager, all partners or a designated manager, an officer or management representative of a corporation, or a member or designated manager of an LLC; a management representative attends before a one-day license; the commission may suspend the license for failure to comply and it shall not be reissued until the training is completed |
| RSA 178:3 — License Applications, Qualifications, and Renewal | Applications are filed with the commission; the commission establishes application fees sufficient to recover the costs of processing and investigating; only United States citizens, registered resident aliens, or partnerships, LLCs or corporations registered with the secretary of state shall be licensed; applications signed and sworn to by the proposed licensee; disclosure of all persons with a right to control the business; no license to any person convicted of a felony or to an entity where a person with a controlling interest has been; the applicant and controlling persons are at least 21 years of age; the proposed location is appropriate considering the neighborhood and the number of similar businesses; applications updated within 30 days of any change; a transfer of the right to control requires prior commission approval |
| RSA 178:20 — On-Premises Beverage and Wine Licenses | The commission may issue a license to bed and breakfasts, dining cars, vessels serving food, restaurants and fair outlets in any town which has voted to accept the provisions of RSA 663:5, I(b) and (c), to serve beverages, specialty beverages and wines by the glass or by the bottle with the cap or cork removed at such times as food is available |
| RSA 178:21 — On-Premises Beverage and Liquor Licenses | Licenses in any town which has voted to accept RSA 663:5, I(b), (c), and (d); full service restaurants may sell beverages, specialty beverages and liquor at tables in approved dining rooms when the kitchen is in operation and meals are being actively promoted and served; the dining room shall not be used as a substitute for lounge operations; licenses granted only to restaurants which show, on forms covering the 12 most recent calendar months, that at least 50 percent of gross sales is in food; restaurants with annual food sales of at least $75,000 are exempt from the 50 percent requirement; the dining room shall be open for evening meals at least 5 days a week unless the commission grants an exemption; the commission may issue a license to any hotel in any town notwithstanding that the town has voted not to approve the sale of beverages; bed and breakfasts with at least 4 rentable rooms |
| RSA 178:22 — On-Premises Cocktail Lounge Licenses | Cocktail lounge licenses in any town which has voted to accept RSA 663:5, I(b), (c), and (d), for airports, ballrooms, caterers, college clubs, hotels, private, social and veterans’ clubs, racetracks, restaurants, sports and entertainment facilities and vessels; no person under the age of 18 shall be in the cocktail lounge unless accompanied by a parent, legal guardian, or adult spouse; restaurant lounge licenses granted only to restaurants demonstrating that at least 50 percent of the combined restaurant and lounge sales fall within the category of food, with restaurants with annual food sales of at least $75,000 exempt and seasonal restaurants prorated |
| RSA 178:29 — Fees; Expiration Dates; Transfers | On-premises licensees pay annually: airport $1,200; ballroom $1,200; bed and breakfast $480 (beverages and wine) or $840 (cocktail lounge); catering $1,200; club private $1,200; college club $1,200; convention center $2,400; hotel $840 or $1,200; one day license $100; restaurant $480 (beverages only), $840 (beverages and wine), $1,200 (cocktail lounge); a license expires on the last day of the month of the licensee’s birthday, or for a licensee that is not a natural person the last day of the month in which it was incorporated or organized; licenses shall not be transferred except with the consent of the commission; after one year a licensee may select the anniversary month once and may not change it again for 3 years; all fees are accepted electronically or over the phone |
| RSA 178:1 — Licenses Required | No person shall sell or keep for sale any liquor or beverage without first registering to do business with the secretary of state and obtaining a license; any violation is a class B felony; any name or trade name displayed outside a licensed business shall be registered with the secretary of state |
| RSA Chapter 179 — Enforcement, Requirements and Penalties (179:5, 179:32, 179:35) | 179:5: no licensee shall sell or give away liquor or beverage to a person under the age of 21, or serve an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated; 179:32: all licensees shall purchase their supplies of liquor and wine from the commission or as provided by law; an on-premises licensee, with the approval of the commission, may purchase its supplies of liquor and wine from an agency store; all licensees shall purchase their supplies of beverages from licensed wholesale distributors, manufacturers, brew pubs, or as otherwise provided by law; 179:35: invoices, sales slips and delivery slips covering a period of 60 days shall be retained on the premises or be readily available for examination |
| RSA Chapter 507-F — Liability for Negligent Service of Alcoholic Beverages | 507-F:2: a person who becomes intoxicated may not bring an action under 507-F:4 for serving alcoholic beverages to such person; 507-F:4: a defendant who negligently serves alcoholic beverages to a minor or to an intoxicated person is liable, and service is negligent if the defendant knows or a reasonably prudent person in like circumstances would know; 507-F:5: an intoxicated person may sue only when the service is reckless, with examples including active encouragement of intoxicated persons to consume, service to a person 16 years of age or under, service so continuous and excessive that it creates a substantial risk of death by alcohol poisoning, and assisting an intoxicated patron into a motor vehicle; 507-F:6: service is not negligent or reckless if the defendant is adhering to responsible business practices, evidence of which includes comprehensive training of the defendant and the defendant’s employees and agents present at the time of service and responsible management policies, procedures and actions; 507-F:7: no liability for refusing service, retaining proof-of-age documents or using reasonable force to detain a person attempting to drive while intoxicated; 507-F:8: this chapter is the exclusive remedy |
| N.H. Admin. Code Liq 701.08 — License Application Fees (via Cornell LII) | Each new applicant for a one day, a beer festival, a liquor and wine festival, an alcohol consultant, or a liquor and wine representative license shall pay a processing and investigation fee of $25.00; each new applicant for any other type of license, except a special or supplemental license, shall pay a processing and investigation fee of $100.00 |
| RSA Chapter 304-C — Limited Liability Companies (304-C:191 fees; 304-C:194 annual reports) | Upon the receipt for filing of a certificate of formation under RSA 304-C:31, a fee in the amount of $100; upon receipt for filing of an annual report under RSA 304-C:194, a fee in the amount of $100; for failure or refusal to file an annual report or pay the filing fee on or before April 1 of any year, an additional late filing fee in the amount of $50; application for reservation of name $15 |
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