N.H. Code Admin. R. Liq 506.12 - Bill and Hold Procedures

(a) For the purposes of this rule "bill and hold" means a contractual agreement between any retail licensee and a wholesale distributor for sale of beverage in more than one delivery based upon the current price on file with the commission, pursuant to RSA 179:33, IV at the time of initial delivery, and a certain minimum quantity of beverage ordered, paid for and completely delivered within 10 calendar days of the first delivery date.

(b) Pursuant to RSA 179:33, III all original bill and hold invoices shall:

(1) Be dated with the date of first delivery of the product to the licensee;

(2) Be noted with the phrase "delivery for bill and hold" and the invoice number;

(3) State the terms of the bill and hold contract which shall at least include:

a. The bill and hold invoice number;

b. The last date of delivery allowed for the product to be received for a bill and hold order as defined by Liq 506.12(a);

c. The last date that payment shall be received at the wholesale distributor's place of business for a bill and hold order as defined by Liq 506.12(a); and

d. A statement that if the bill and hold provisions as defined by Liq 506.12(a) are not met exactly, that the bill and hold invoice shall be voided by the wholesale distributor and replaced by separate invoices for each delivery of beverage, priced at the cost for that quantity of beverage, as filed with the commission pursuant to RSA 179:33, IV on that delivery date; and

(4) Be legibly receipted with the amount of payment, the date of the payment and who received payment on behalf of the wholesale distributor.

(c) All bill and hold contracts shall be between the wholesale distributor and the retail licensee. Settlement of any dispute arising there from shall be the sole responsibility of the contracting parties.

(d) Any bill and hold merchandise not delivered on the initial delivery shall remain the property of the wholesale distributor and be stored on the licensed premises of the wholesale distributor.

(e) No pre-paid bill and hold orders for beverage shall be permitted. A retailer may place funds on account with a wholesale distributor, which may be applied to invoices once the beverage is delivered, but shall not be encumbered by undelivered orders.

(f) If a wholesale distributor fails to complete the terms of the bill and hold agreement they shall invoice the retailer for the amount of beverage actually received at the bill and hold price.

(g) If a retailer refuses to complete the terms of the bill and hold agreement the wholesale distributor shall invoice the retailer for the amount of beverage actually received at the standard or base price in effect and filed with the commission pursuant to RSA 179:33, IV at the time of the original bill and hold order.

(h) Disputed bills, reported to the commission as delinquent pursuant to RSA 179:13, shall be handled as provided by RSA 179:13, III.

Notes

N.H. Code Admin. R. Liq 506.12

#5289, eff 1-1-92; ss and moved by #6391, eff 11-28-96 (from Liq 506.13 ), EXPIRED: 11-28-04

New. #8450, eff 10-21-05

Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10647, Effective 7/24/2014, Expires7/24/2024.