N.H. Code Admin. R. Liq 301.02

Current through Register No. 18, May 2, 2024
Section Liq 301.02 - Definition of Terms

The following terms shall be construed as set forth below:

(a) "Available wines" means wines which are not listed under Liq 304.02, but that are registered by a brand code number and offered to licensees through the commission;
(b) "Bailment inventory" means vendor or manufacturer-owned inventory stored in a warehouse in New Hampshire and used to fill commission orders on an as-needed basis;
(c) "Brand code" means a number assigned by the commission to each size and brand of a product for identification purposes;
(d) "Broker" means an agent of a liquor or wine vendor providing services to the vendor on a commission basis;
(e) "Class" means spirits and wine items having common characteristics grouped for statistical purposes;
(f) "Dessert wine" means wine that has been fortified to an alcoholic content of over 15.5% by having brandy or spirits added;
(g) "Fiscal month" means a period of time consisting of either 5 or 4 fiscal weeks commencing July 1 of each fiscal year, each fiscal week ending on Sunday at midnight which follow a 5, 4, 4, repetitive pattern where the first fiscal month is 5 fiscal weeks, the second fiscal month is 4 weeks, and the third fiscal month is 4 weeks, repeated through out the fiscal year ending June 30 at midnight;
(h) "Full distribution" means that a product is available to be ordered by all New Hampshire state liquor stores;
(i) "Gross profit" means the difference between sales dollars and the average purchase order costs;
(j) "Holiday listing" means a limited number of spirits and wine items in special packaging intended for sale during the fiscal months of October, November and December in commission retail stores and from warehouses;
(k) "Limited distribution" means that a product is marketed only in commission-designated state stores;
(l) "Listed item" means spirits and wines approved pursuant to Liq 303 - 306 for sale in commission liquor stores and/or from warehouses;
(m) "Prepared cocktail" means a spirit-based product named as and designed to duplicate a drink normally prepared by a bartender for the on-premise trade. This term does not include proprietary products;
(n) "Primary listing" means any SKU of a table wine that achieves an annual gross profit that exceeds the gross profit for the 325th listed SKU, arranged in order of gross profit, in the state retail stores;
(o) "Point of sale merchandising" means advertising and display of a product within the store in which that product is sold;
(p) "Primary source" means the domestic distiller, producer, owner of the commodity at the time it became a marketable product, bottler or exclusive agent of any such distributor or owner. In the case of imported products the primary source of supply means either the foreign producer, owner, bottler or agent or the prime importer or the exclusive agent in the United States or the foreign distiller, producer or owner;
(q) "Proof unit" means ½ of one percent alcohol by volume at 68 degrees Fahrenheit;
(r) "Proprietary" means used, made, or marketed by one having the exclusive right;
(s) "Regular listing" means spirits and wine sold in commission retail stores and from warehouses;
(t) "SA620 report" means a computerized consecutive 12 fiscal month statistical report, generated at the end of each fiscal month by the commission, indicating the total gross profit by item and total by class;
(u) "Secondary listing" means any SKU of a table wine that achieves an annual gross profit that exceeds the gross profit for the 750th listed SKU, arranged in order of gross profit, in the state retail stores;
(v) "SKU" means a stock keeping unit;
(w) "Specialty listing" means spirits and wines sold in designated commission stores and from warehouses;
(x) "Spirits" means a potable beverage containing alcohol primarily obtained through distillation;
(y) "Supplier" means a natural or other person who is licensed as a vendor, manufacturer, or representative;
(z) "Table wine" means "wine-table" as defined in RSA 175:1, LXIX;
(aa) "Test market" means the sale of a product for a period of 6 fiscal months during which that product is marketed in commission stores to determine consumer acceptance and product profitability;
(ab) "TTB" means the Tax and Trade Bureau of the United States Treasury Department;
(ac) "Vermouth" means a wine-based product which has been mixed with herbs and has an alcohol content of greater than 15.5% by volume; and
(ad) "Vintage" means the year that wine grapes are harvested.

N.H. Code Admin. R. Liq 301.02

(See Revision Note at chapter heading for Liq 300) #5180, eff 7-22-91; ss and moved by #6515, eff 7-1-97 (formerly Liq 301.03 ); ss by #7085, eff 8-27-99; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12

New. #10274, INTERIM, eff 2-20-13, EXPIRED: 8-19-13

New. #10463, eff 11-21-13