Section Liq 206.02 - Commission Consideration(a) The presiding officer shall consider any testimony or evidence offered by the prosecuting investigator, the licensee, and by all witnesses.(b) The presiding officer, when hearing testimony or evidence regarding a violation of a statute or an administrative rule, shall consider any aggravating factor or mitigating factor which is offered in any defense or prosecution, as required by RSA 179:56 III (a), in determining any administrative action or penalty.(c) Aggravating factors shall include but not be limited to:(1) The failure to train employees in liquor education classes;(2) The failure to have adequately trained managers;(3) The failure to take advantage of education classes offered by the bureau of enforcement;(4) The failure to have any training with regard to RSA Title XIII requirements for an employee;(5) The failure to request identification of a person who appears younger than age 21 before sale of alcoholic beverage;(6) Service of more than 4 drinks in an hour, or 6 drinks total, to a person who becomes intoxicated;(7) The failure to detect poor quality identification documents as being false;(8) The reckless serving of alcohol to a person under age 16 years;(9) Serving a minor who is legally intoxicated;(10) Failure to monitor the quantity of alcohol served to a patron;(11) The active encouragement of intoxicated patrons to consume more alcohol;(12) The service of alcohol to a patron that is so continuous and excessive that it creates a risk of death by alcohol poisoning;(13) The active assistance of a patron into a motor vehicle when the patron is so intoxicated as to need assistance, when a person knows or should know that the intoxicated person will operate the motor vehicle;(14) The failure to properly manage the premises, such as allowing overcrowding, unaccompanied minors in lounges, standees to drink, lack of effort to clear aisles, or areas of ingress or egress and blocked fire exits;(15) The failure to take corrective action on previously cited violations;(16) A culpable mental state, as defined by RSA 626:2, II, General Principles, of the New Hampshire Criminal Code shall be an aggravating factor when "purposefully" or "knowingly" is proven;(17) A violation of RSA 179:5 when it conforms to the provisions of RSA 507-F:4, II, III, & IV or RSA 507-F:5, III;(18) Negligent or reckless service of alcoholic beverages pursuant to RSA 507-F:4 and RSA 507-F:5; and(19) Any factor which increases the hazard to public safety and which is due to the sale or consumption of alcoholic beverages.(d) Mitigating factors shall include but not be limited to: (1) The licensee having no record of like violations;(2) The licensee having no record of any violation;(3) The licensee admitting to problems detected and taking steps to rectify the situation;(4) The documented attendance of the licensee's personnel at a commission sponsored educational program;(5) Implementing training for managers to make them aware of the liquor laws and rules;(6) Maintaining an adequate number of trained employees to supervise the sale and consumption of alcoholic beverages on the premises to assure compliance with the liquor laws and rules;(7) The licensee having requested a liquor education program, not yet conducted, when the problem occurred;(8) A new employee with instruction from management, but not having attended a liquor education program;(9) Established management policies of ensuring persons of questionable age are checked as to age before service of alcohol;(10) Training for those checking IDs in the detection of false or altered documents;(11) Publicizing responsible service of alcohol;(12) Encouraging patrons not to drink too much;(13) Encouraging patrons to consume non-alcoholic beverages or food;(14) Encouraging patrons to use alternate forms of transportation;(15) The display of any correct form of identification in any sale or attempted purchases of alcoholic beverages as outlined by RSA 179:7 and RSA 179:8;(16) The physical appearance of any person, and the prudent application of reasonableness to an estimation of age as required by RSA 179:7 and RSA 179:8;(17) Service of alcoholic beverage for a violation of RSA 179:5 shall be considered mitigating if RSA 507-F:4, V, VI, and VII apply;(18) Responsible business practices pursuant to RSA 507-F:6; and(19) Service of only one drink to a person who becomes intoxicated.(e) The presiding officer shall decide each case after the hearing is closed by a preponderance of the evidence.N.H. Admin. Code § Liq 206.02
(See Revision Note at chapter heading for Liq 200) #5180, eff 7-22-91; ss by #6545, eff 7-23-97; ss by #6667, eff 1-1-98, EXPIRES: 1-1-06; ss by #8531, INTERIM, eff 12-31-05, EXPIRED: 6-29-06
New. #8670-B, eff 7-1-06
Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12207-B, Effective 6/14/2017, Expires 6/14/2027.