New Hampshire Administrative Code

Notes N.H. Admin. Code § Liq 602.04 #4645 , eff 7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note at chapter heading for Liq 200) The amended version of this section by New Hampshire Register Volume 37, Number 28, eff.6/14/2017 is not yet ava…

Notes N.H. Admin. Code § Liq 602.05 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note at chapter heading for Liq 200) The amended version of this section by New Hampshire Register Volume 37, Number 28, eff.6/14/2017 is not yet avai…

Notes N.H. Admin. Code § Liq 602.06 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note at chapter heading for Liq 200) The amended version of this section by New Hampshire Register Volume 37, Number 28, eff.6/14/2017 is not yet avai…

Notes N.H. Admin. Code § Liq 602.07 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note at chapter heading for Liq 200) The amended version of this section by New Hampshire Register Volume 37, Number 28, eff.6/14/2017 is not yet avai…

Notes N.H. Admin. Code § Liq 602.08 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note at chapter heading for Liq 200) The amended version of this section by New Hampshire Register Volume 37, Number 28, eff.6/14/2017 is not yet avai…

Notes N.H. Admin. Code § Liq 602.09 #4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss and moved by #5180, eff 7-22-91 (See Revision Note at chapter heading for Liq 200) The amended version of this section by New Hampshire Register Volume 37, Number 28, eff.6/14/2017 is not yet avai…

(a) The commission shall impose the following base penalties for violations of statutes that are subject to administrative action:(1) For violations of RSA 175 by licensees, a fine of $250, (2) For all violations of RSA 178 except those under RSA 178:3, a fine of $100 and a commi…

After hearing all evidence regarding a violation and considering all aggravating and mitigating factors presented, the commission shall: (a) Determine, based on the preponderance of evidence presented at hearing, whether the violation alleged in the report of violation occurred; …

(a) For any violation of RSA 179:19, VII or Liq 404.01, which includes the use of a gambling machine as defined in RSA 647:2, illegal lotteries or the booking of horses, sports, or other similar events, the commission shall impose the following penalties: (1) For the first offens…

(a) Revocation shall be a permanent loss of a liquor license, except: (1) A licensee shall be eligible to apply for a new license 365 calendar days after revocation; (2) The commission shall hold a public hearing on any such application to determine if the applicant meets the req…

(a) Except as provided by Liq 604.01 the commission shall impose a $2,000 fine, 30-day suspension, or both, depending on the nature and severity of the offense, and any aggravating or mitigating factors, on any licensee who fails to comply with the requirements of a commission or…

(a) All administrative fines imposed by the commission shall be paid within 5 days of receipt of the fine order letter, days to be computed pursuant to Liq 205.07. (b) A fine order letter shall be: (1) Delivered to the licensee or the licensee's attorney by certified mail return …

The commission shall issue and maintain a list of all statutes and administrative rules for the sales of tobacco which are subject to administrative action by the commission. Notes N.H. Admin. Code § Liq 605.01 #6669, eff 1-1-98, EXPIRES: 01-01-06; ss by #8531, INTERIM , eff 12-3…

For any first recorded violation of RSA 126-K, the commission shall apply Liq 206.01 and Liq 206.02, and issue a letter of warning detailing necessary corrective actions, an administrative fine, or both. The administrative fine shall range from $100 to $250, depending on aggravat…

For any second recorded violation of RSA 126-K in a 3-year period, the commission shall apply Liq 206.01 and Liq 206.02 and issue a letter of warning detailing necessary corrective actions, an administrative fine, or both. The administrative fine shall range from $250 to $500, de…

For any third recorded violation of RSA 126-K in a 3-year period, the commission shall, apply Liq 206.01 and Liq 206.02 and: (a) Issue a letter of warning detailing necessary corrective actions; (b) Impose an administrative fine of not less than $500 and not more than $1,500; and…

For any fourth recorded violation of RSA 126-K in a 3-year period, the commission shall apply Liq 206.01 and Liq 206.02 and: (a) Issue a letter of warning detailing necessary corrective actions; (b) Impose an administrative fine of not less than $750 and not more than $3,000; and…

(a) For any fifth recorded violation of RSA 126-K in a 3-year period, the commission shall order the commissioner of revenue administration to revoke the license. (b) The period of revocation shall be for one year from the date of revocation. Notes N.H. Admin. Code § Liq 605.06 #…

(a) All administrative fines imposed by the commission shall be paid within 5 days of receipt of the fine order letter, days to be computed pursuant to Liq 205.07. (b) A fine order letter shall be: (1) Delivered to the licensee or the licensee's attorney by certified mail return …

Notes N.H. Admin. Code § Liq 605.08 #6669, eff 1-1-98; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06 The amended version of this section by New Hampshire Register Volume 37, Number 28, eff.6/14/2017 is not yet available.

The following terms shall be construed as set forth below: (a) "Affidavit" means a sworn statement of fact by an individual under oath or on affirmation before an authorized magistrate or officer; (b) "Applicant" means any natural or unnatural person intending to fulfill the stat…

Whenever a person is required to complete a form, as described in RSA 178 and this chapter, the following provisions shall apply: (a) Forms shall be filled out completely and truthfully; (b) Forms shall be completed in a legible manner; (c) Forms shall be completed in non-fading,…

In the event a person submits a form not in compliance with Liq 700, such form shall not be processed. The form shall be returned to the submitting party with the reasons for such return noted. Notes N.H. Admin. Code § Liq 701.03 See Revision Notes #1 and #2 at chapter heading fo…

In the event an applicant fails to comply with an application rule or statute, such applicant's application shall not be processed and the applicant shall be notified within 10 working days of the date of rejection, together with the reasons for such rejection of the application.…

(a) Whenever an applicant makes a payment to the division for satisfaction of a fee, the provisions of this section shall apply. (b) Payment shall be made in the form of United States currency, a check, money order, or other negotiable instrument payable upon demand for the total…

Unless otherwise provided in these rules, any fee prescribed by a statute or rule shall be submitted for the full amount due as calculated by Liq 703.06 at the same time as the application to which it applies. Notes N.H. Admin. Code § Liq 701.06 See Revision Notes #1 and #2 at ch…

(a) No check shall be accepted which bears a date subsequent to the date of the transaction. (b) Except as provided in this rule, no two-party check shall be accepted. (c) A two-party check shall be accepted if: (1) One of the parties is the state of New Hampshire; (2) The applic…

(a) 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. (b) Each new applicant for any other type of license, except a special or …

The purpose of these rules is to maintain a uniform and systematic approach to licensing of businesses as required and described under Liq 700 and RSA 178. Notes N.H. Admin. Code § Liq 702.01 See Revision Notes #1 and #2 at chapter heading for Liq 700 Derived from Volume XL Numbe…

(a) When any natural or unnatural person desires to obtain a license, the applicant's or his, her or it's designee shall complete and submit Form LIQ-A1 "Initial Application," (revised 1/2020) and shall produce preliminary information necessary to initiate the application process…

Upon the submission of Form LIQ-A1, the licensing agent shall provide the applicant with the license type application as described in Liq 702.07 and the license type worksheet as described in Liq 702.07(b) and part Liq 705 of these rules. Notes N.H. Admin. Code § Liq 702.03 See R…

As part of the application process, applicants shall produce and submit copies of the following documents: (a) For all applicants located within the state of New Hampshire:(1) A signed deed, lease, or rental agreement for the premises: a. In name of applicant; and b. Providing th…

(a) As part of the application process, the licensing agent shall send correspondence to the municipality where the licensee is proposed to be located, notifying it of the license application. (b) The correspondence shall solicit the following information from a municipality in i…

(a) The commission shall inform the applicant of the requirements specific to the license type sought by the applicant.(1) Once the applicant has obtained all documentation required by Liq 702.04, completed all desired renovations at the proposed locations, and installed all furn…

(a) Once the applicant has obtained and submitted copies of all documentation required by Liq 702.04 and an investigator has inspected the premises pursuant to Liq 702.06, the applicant shall complete and submit as appropriate: (1) Form LTA-1M "License Type Application-Manufactur…

In order to determine whether or not to approve the request for a license, the chairman or deputy commissioner may request additional information pursuant to RSA 178:3, V. Notes N.H. Admin. Code § Liq 702.08 See Revision Notes #1 and #2 at chapter heading for Liq 700 Derived from…

The chairman, or the deputy commissioner pursuant to RSA 176:2-a, shall determine whether or not to approve the request for a license based on the following: (a) The operational and business qualifications of all persons with a right to control the operations and policies of the …

(a) The licensing agent shall notify the licensee in writing whether or not the request has been approved, and of any condition or conditions which the chairman, or the deputy commissioner pursuant to RSA 176:2-a, attached to any license approval, including, but not limited to: (…

(a) The commission shall offer the management training seminar ("MTS") pursuant to RSA 178:2, II. (b) All retail licensees or a manager designee shall attend and receive a certificate of completion with positive identification in compliance with RSA 179:8. (c) The seminar shall c…

(a) Pursuant to RSA 178:2, for each on or off premise license initially issued, all retail licensees or a manager designee shall attend the commission MTS licensee basic training course. (b) An applicant may designate a manager by name to attend the training in his or her stead o…

(a) Pursuant to RSA 178:2, V, the chairman may suspend, pursuant to RSA 541-A:30, III, the license of any person who holds a license under the provisions of this chapter for failure to comply with the requirements of RSA 178:2, IV, which license shall not be reissued until the re…

The purpose of this part is to provide applicants with a formula for the calculation of license fees as required pursuant to RSA 178. Notes N.H. Admin. Code § Liq 703.01 See Revision Notes #1 and #2 at chapter heading for Liq 700 Derived from Volume XL Number 41, Filed October 8,…

(a) "B-Month" means the birth month for an individual or legal date of organization. (b) "C-Month" means the effective month of a new license; (c) "D-Month" means the difference in months between B-Month and C-Month. (d) "Eff Date" means the first day of the month the license is …

Notes N.H. Admin. Code § Liq 703.03 See Revision Notes #1 and #2 at chapter heading for Liq 700 Reserved by Volume XL Number 41, Filed October 8, 2020, Proposed by #13114, Effective 9/25/2020, Expires 9/25/2030.

The formula for calculation of licensing months for initial licenses shall be as follows: (a) If B-Month is less than C-Month, the license fee shall be calculated as follows: (1) The D-Month shall equal the C-Month minus B-Month plus one; (2) If D-Month is less than 9, the licens…

(a) The length of the license issued shall be determined by matching the SPI month in the X axis with the effective month in the Y axis; (b) Once the effective month and SPI month have been determined the number of months for the initial license or lapsed license shall be in comp…

The initial or renewal fee for any license shall be the sum of the license- months divided by 12 multiplied by the annual cost for each category pursuant to RSA 178:29 except for seasonal, special, supplemental, beer festival, and state fair licenses. Notes N.H. Admin. Code § Liq…