Section Liq 603.03 - Special Penalty Exceptions(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 offense, license suspension for 30 consecutive days or a fine not to exceed $1,500 and a license suspension of not more than 30 consecutive days;(2) For the second offense, license suspension for 60 consecutive days or a fine not to exceed $2,500 and a license suspension of not more than 60 consecutive days; and(3) For the third offense, license revocation.(b) For any aggravated violation as defined in Liq 601.03 the commission shall impose the following penalties: (1) For the first offense, license suspension for 10 consecutive days and an administrative fine which shall not exceed $2,500;(2) For the second offense, license suspension for 30 to 60 consecutive days or an administrative fine which shall not exceed $5,000 and a suspension of not less than 10 nor more than 60 consecutive days; and(3) For the third offense, license revocation.(c) The penalties provided for in Liq 603.04(a) and (b) shall be in lieu of any other penalty provided for in Liq 603.02.(d) On the second violation of RSA 179:5 within a 24 month period, excluding any violations resulting from compliance checks, the commission shall:(1) Consider the complete record of all violations at the licensed location which occurred after July 7, 2002;(2) Consider the record of the license holder and the management team at all current or previous licensed locations after July 7, 2002;(3) Consider the circumstances of the violations of RSA 179:5; and(4) Determine if the licensee shall be required to provide security under the requirements of RSA 178:5.(e) If security for liability is required, the commission shall immediately suspend the license until such time as security is provided.(f) Security shall consist of insurance meeting the requirements of RSA 178:5 (a), I, except:(1) If the licensee cannot obtain insurance, a bond in the amount of $300,000 to cover liquor liability claims shall be accepted; or(2) If the licensee provides proof that the licensee cannot obtain either insurance or a bond, the commission shall accept $300,000 in cash or marketable securities to be held by the state treasurer in an escrow account with any interest going into the general fund.(g) The requirement for security of liquor liability shall be in effect:(1) So long as the license holder maintains control of the license; or(2) Until the commission determines the requirement is no longer necessary, but in no case less than a calendar year.(h) Cash or marketable securities held by the state treasurer in escrow shall be returned only after the statute of limitations for claims against the required security deposit has expired.(i) The security required in Liq 603.04(d) shall be in addition to any penalties imposed under Liq 603.01 and Liq 603.02.N.H. Admin. Code § Liq 603.03
#4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss by #5180, eff 7-22-91; amd by #5289, eff 1-1-92; ss by #6391, eff 11-28-96; ss by #6669, 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, EXPIRED: 7-1-14
New. #12209, eff 6-14-17 (formerly Liq 603.04 )