Section Liq 601.03 - Definition of Terms The following terms shall be construed as set forth below:
(a) "Administrative action" means the final disposition of any violation which results in a verbal warning, letter of warning, administrative fine, a suspension, or revocation;(b) "Administrative fine" means any dollar amount exceeding $100 but not over $5,000, which is assessed by the commission for any violation of statute or administrative rule;(c) "Administrative notice of agency action" means written notice by the commission or commission employee of any violation of RSA Title XIII, administrative rule, or RSA 126-K which is reported to the commission for administrative action;(d) "Aggravating factor" means any condition or quality listed in Liq 206.02(c) which, when observed, applied, or discovered in association with the actions or inactions of a licensee, would make the resulting administrative actions more severe;(e) "Aggravated violation" means any violation of statute or commission order which endangers the public or results in injury, death, or property damage of at least $1000.(f) "Chief of enforcement" means the Director of the Division of Enforcement and Licensing;(g) "Commission" means the New Hampshire Liquor Commission;(h) "Commission order" means an instruction or decision, in writing, from the commission or commission employee;(i) "Compliance check" means an attempt by an underage individual, under the supervision of an investigator or other police officer, to purchase alcohol or tobacco products in violation of statute.(j) "Enforcement policy" means the standards, procedures, actions and penalties taken or imposed by the commission with respect to any classification of statute or administrative rule identified in Liq 601.04 or Liq 601.05;(k) "Good behavior" means compliance with all commission orders and administrative fine payment deadlines issued under Liq 206.03;(l) "Intoxicated individual" means an individual whose mental or physical faculties are impaired as a result of drug or alcohol use as to diminish that person's ability to think and act in a manner in which an ordinary, prudent, and cautious person, in full possession of his faculties and using reasonable care, would act under like circumstances;(m) "Investigator" means any liquor enforcement officer who is authorized under RSA 176:9 and 179:59 to enforce statutes and administrative rules;(n) "Letter of warning " means any written communication from the commission which identifies any violation of statute or administrative rule and which does not impose an administrative fine or a suspension;(o) "License" means any form of permission to sell alcoholic beverages or tobacco issued by the commission or a tobacco license issued by the Department of Revenue Administration;(p) " License year" means the period of time from which a license has been issued until it has expired or been renewed;(q) " Licensee " means any natural or other person to whom a license has been granted;(r) " Licensee record" means any written or electronic document, maintained by the commission, which lists any administrative action which has been taken against a licensee;(s) " Mitigating factor" means any condition or quality listed in Liq 206.02(d) which would moderate in force or intensity any pending administrative action against a licensee, and which was reported in a violation;(t) "Notice and record of verbal instruction" means any verbal instruction of compliance issued by an investigator to a licensee, which is reported to the commission in writing, and which does not result in a letter of warning, fine, revocation, or a suspension issued by the commission;(u) "Point" means a numerical value assigned to a violation, used to determine a license's overall record for renewal of license .(v) "Preponderance" means superiority in weight, quantity, power, importance, or the like;(w) "Revocation" means to void, annul by recalling, withdraw, or rescind any license issued by the commission;(x) "Security" means a certificate from an insurance or surety company providing liquor liability coverage on behalf of a licensee or a deposit by a licensee of money or securities with the commission to be used to satisfy judgment for liquor liability;(y) "Suspension" means that the license allowing sale of alcoholic beverages or tobacco, as applicable, is to be discontinued until such time as the license is re-granted; and(z) "Working days" means Monday through Friday and does not include Saturdays, Sundays, or state or federal holidays.N.H. Admin. Code § Liq 601.03
#4645, eff 7-6-89; ss by #5043, eff 1-11-91; ss by #6391, eff 11-28-96; ss by #6669, eff 1-1-98, EXPIRES: 01-01-06; 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 #12209, Effective 6/14/2017, Expires 6/14/2027.