N.H. Admin. Code § Liq 404.06

Current through Register No. 50, December 12, 2024

Section Liq 404.06 - Felon Exception Approvals

(a) A licensee shall petition the commission pursuant to Liq 205.10 if the licensee wishes to have a convicted felon approved as a person in charge of the premises.

(b) The petition shall include the full name including any aliases, address, date and place of birth of the applicant to be approved.

(c) For the purposes of Liq 404.06(a) "a person in charge" means:

(1) Any manager;

(2) A person left in charge of a licensed premise in the absence of the owner; or

(3) Any person who sells, serves or handles alcoholic beverages as a part of their employment.

(d) A licensee desiring a convicted felon to be approved by the commission pursuant to RSA 179:23, V as a person in charge as defined by Liq 404.06(c) shall submit copies of the following documents:

(1) A notarized copy of the felony complaint to substantiate the conviction for which the exception is desired; and

(2) Either of the following:

a.A letter from the convicted felon's parole or probation officer stating that:

1.At least 6 months have passed since the person was placed on parole or probation;

2.The person has not been convicted of any further crime during that 6 month period other than traffic violations; and

3.The individual is allowed by the conditions of their probation or parole to serve, sell, or otherwise handle alcoholic beverages; or

b.In the case of a convicted felon who is not on parole or probation, the licensee shall submit:

1.Proof from the court of jurisdiction, corrections facility or other controlling authority that the person was not or is no longer on parole or probation; and

2.Either of the following:

(i) A current copy of the person's criminal history and motor vehicle record; or

(ii) An affidavit of the individual attesting that they have not been convicted of any further crime, other than traffic violations.

(e) An applicant for a license who is convicted of a felony other than abduction, arson, incest, manslaughter in the first degree, mayhem, murder, rape, robbery, or as a result of trafficking in drugs may petition the commission pursuant to Liq 205.10 to have a exception granted pursuant to RSA 178:4.

(f) The petition shall include the full name including any aliases, address, date and place of birth of the applicant to be approved.

(g) The following categories of persons who have been convicted of a felony, which is not specifically excluded by Liq 404.06(e) shall be approved pursuant to RSA 178:4 prior to or concurrently with any license being issued:

(1) An officer or director of a corporation;

(2) A stockholder owning 5% or more of the outstanding shares of a corporation;

(3) A partner in a partnership or a partner owning 5% or more of a partnership with over 20 partners; and

(4) A sole proprietor.

(h) Each individual desiring an exception approval pursuant to RSA 178:4 shall submit the following documents:

(1) A notarized copy of the felony complaint to substantiate the conviction for which the exception is desired;

(2) A letter from the person's parole or probation officer stating that:

a.At least 5 years passed since the person was placed on parole or probation;

b.The person has not been convicted of any further crime, other than traffic violations, during that 5 year period; and

c.The individual is allowed by the conditions of their probation or parole to serve, sell, or otherwise handle alcoholic beverages; or

(3) In the case of a convicted felon who was not or is no longer on parole or probation the applicant shall submit:

a.Proof from the court of jurisdiction, corrections facility or other controlling authority that the person was not or is no longer on parole or probation;

b.A copy of the person's criminal history and motor vehicle record; and

c.An affidavit of the individual attesting that they were not convicted of any further crime during that 5 year period, other than traffic violations.

(i) All petitions shall be filed as required by Liq 205.08.

N.H. Admin. Code § Liq 404.06

#5289, eff 1-1-92; ss by #6391, eff 11-28-96, EXPIRED, 11-28-04

New. #8243, eff 12-31-04, EXPIRED: 12-31-12

Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10643, Effective 7/18/2014, Expires7/18/2024.