New Hampshire Moves Toward "Cocktails-to-Go" Expansion
The New Hampshire legislature is currently advancing measures (SB 524 and HB 529) that would significantly expand the privileges of on-premise liquor license holders. If passed, restaurants and bars would be permitted to offer liquor-based cocktails for takeout or home delivery, expanding beyond the beer and wine delivery options authorized in 2021.
While this represents a potential new revenue stream for the state's 2,100+ licensees, business owners must pay close attention to the strict operational "guardrails" being established—particularly regarding who is allowed to transport the product.
The "Third-Party" Redline: No DoorDash or UberEats
Perhaps the most critical takeaway for licensees is the unwavering opposition from the New Hampshire Liquor Commission regarding third-party delivery services. Despite inquiries from lawmakers regarding the convenience of platforms like DoorDash, UberEats, or Grubhub, state enforcement remains firmly opposed for the following reasons:
Lack of Accountability: Commission officials, including Chief of Law Enforcement Mark Armaganian, have explicitly stated that because third-party platforms are not licensees, the state cannot hold them accountable for compliance failures.
Minor Prevention: Data cited by enforcement suggests that states allowing third-party delivery have seen higher rates of sales to minors.
Direct Employee Delivery Only: Current language mandates that deliveries must be performed by a restaurant or bar employee who is at least 21 years of age.
The Bottom Line: Licensees should not expect this legislation to open the door for app-based alcohol delivery. You must be prepared to staff and manage your own delivery logistics to remain compliant.
Compliance and Packaging Requirements
The proposed legislation includes specific "integrity" requirements to prevent open-container violations and ensure public safety. To participate, establishments must ensure cocktails meet the following criteria:
Security Seals: Every container must have a tamper-evident security seal.
Detailed Labeling: Labels must list ingredients and alcohol content.
Health Warnings: Packaging must include the Surgeon General’s warning regarding alcohol consumption during pregnancy.
ID Verification: Employees must conduct a face-to-face identification check at the point of delivery.
Note on Enforcement: Following a 2021 survey where several establishments failed compliance checks by delivering to minors, the Liquor Commission has increased its focus on mandatory training. A recent follow-up check of 39 businesses showed 0% violations, indicating that the Commission expects—and will enforce—strict adherence to delivery protocols.
Timeline and Outlook
The House has already passed a version of this measure over to the Senate. With bipartisan support and endorsements from the NH Lodging and Restaurant Association, as well as various public policy groups, the legislation is on a fast track.
Early March 2026: Deadline for the Senate Commerce panel to make a recommendation.
2026 Legislative Session: High probability of the bill reaching the Governor's desk for signature.
