178:21-a Restaurant Delivery License. –
I. Any on-premises licensee may purchase a restaurant delivery license from the commission for $250. Such license shall expire one year after the date of issuance and may be renewed by an on-premises licensee for $250 each year.
II. Notwithstanding the provisions of RSA 175:6 and RSA 179:15, an on-premises licensee in possession of a restaurant delivery license may transport beverages, wines, and liquor for delivery to consumers subject to the following requirements:
(a) All deliveries of beverages, wines, and liquor shall be accompanied by food prepared by the restaurant delivery licensee and ordered by the consumer;
(b) All deliveries of beverages, wines, and liquor conducted pursuant to this section shall be undertaken during the on-premises licensee's hours of operation and shall be delivered only to areas where the sale of alcoholic beverages is permitted;
(c) All deliveries of beverages, wines, and liquor shall be solely for the personal consumption of the consumer and not for resale;
(d) All beverages and wines transported pursuant to this section shall be transported in their original, manufactured, sealed containers;
(e) All alcoholic beverages containing liquor that are transported pursuant to this section shall be transported in a container:
(1) That shall clearly identify the licensee from which the alcoholic beverage was purchased;
(2) That is sealed, with a tamper proof seal, by the restaurant delivery licensee in a manner that clearly demonstrates when the container has been opened;
(3) That identifies, on a label, a detailed description of the contents of the liquor in the alcoholic beverage, including:
(A) The type and brand of the liquor used to make the alcoholic beverage;
(B) The alcohol by volume of the liquor used to make the alcoholic beverage; and
(C) The amount of liquor contained in the alcoholic beverage; and
(4) That contains a warning label that states the following, "GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may cause health problems."
(f) Any individual engaged in the delivery of beverages, wines, and liquor pursuant to this section shall be an employee who regularly receives a W-2 from the on-premises licensee and is at least 21 years of age; and
(g) During deliveries conducted under this section, the person engaged in making the delivery shall acquire a signed receipt from the consumer. Consumers who appear visibly intoxicated or who a reasonable and prudent person would know are intoxicated, who do not produce identification verifying the consumer's age, or who fail to sign a receipt shall not be entitled to his or her delivery of beverages, wines, or liquor.
III. No holder of a restaurant delivery license or on-premises license shall deliver any beverages, wines, or liquor to any college, university, or school, whether public or private, located within the state. No holder of a restaurant delivery license or on-premises license shall deliver any beverages, wine, or liquor to any public library, public playground, or public park.
IV. A person holding an on-premises license engaged in take-out services may include beverages, wines, and liquor with meals sold to a consumer for consumption by the consumer and not for resale. The requirements set forth in paragraph II shall apply to any take-out meal sold with beverages, wines, or liquor.