TITLE XIII
ALCOHOLIC BEVERAGES

CHAPTER 179
ENFORCEMENT, REQUIREMENTS AND PENALTIES

Enforcement Proceedings and Penalties

Section 179:57

    179:57 Suspension or Revocation; Administrative Fines. –
I. The commission shall cause frequent inspections to be made of all the premises with respect to which any license has been issued under the provisions of this title. If any license:
(a) Violates any of the provisions of law or any of the rules of the commission adopted under this title; or
(b) Fails to superintend in person or through a manager approved by the commission the business for which the license was issued; or
(c) Allows the premises with respect to which the license was issued to be used for any unlawful purposes; or
(d) [Repealed.]

[Paragraph I(e) effective until January 1, 2027; see also paragraph I(e) set out below.]


(e) Otherwise fails to carry out in good faith the purposes of this title or if the premises are regularly the site of violence, the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36. Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $7,500 for any one offense. Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.

[Paragraph I(e) effective January 1, 2027; see also paragraph I(e) set out above.]


(e) Otherwise fails to carry out in good faith the purposes of this title or if the premises are regularly the site of violence, the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36. Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $7,500 for any one offense, except for fines issued under subparagraph (1), which may exceed $7,500. Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.
(1) In addition to any other fines or penalties authorized under this section, a licensee who is found in possession of, selling, delivering, or otherwise receiving illegal, untaxed, or contraband tobacco products in violation of RSA 78, RSA 178:19-a, 178:19-e, or 179:19-f shall be subject to an administrative fine equal to the amount of state tobacco tax that would have been due had the tobacco products been lawfully purchased and taxed under RSA 78.
(2) The commission shall adopt rules, pursuant to RSA 541-A, establishing procedures for the assessment, notice, hearing, and collection of such fines. Such products shall not be returned to the licensee and shall be destroyed.
I-a. Notwithstanding any other provision of law, the commission may accept at any time, a petition from the governing body of a city or town who has voted to accept the provisions of RSA 663:5, I(b), (c) and (d), to revoke a license to sell alcoholic beverages held by a licensee who is located within that community. Any petition filed under this paragraph shall state with particularity all relevant facts and circumstances that sustain the opinion of the petitioner to revoke a license. A licensee against whom a petition is filed shall be entitled to a public hearing before any decision by the commission. All proceedings conducted in conjunction with this paragraph shall conform to the requirements of RSA 541-A.
I-b. License suspension for a violation of RSA 78:26 shall be as provided in RSA 78:26, VII.
II. Appeals from a decision of the commission shall be in accordance with RSA 541.
III. The commission shall, upon notification by the commissioner of the department of revenue administration of a tobacco tax violation, suspend or revoke any tobacco license issued under RSA 178. Any challenge to such suspension or revocation shall be made to the commissioner of the department of revenue administration.

Source. 1990, 255:1. 1991, 204:6. 1994, 412:24. 1997, 207:18. 1998, 48:1. 2000, 253:2. 2008, 341:17. 2012, 49:2, eff. July 13, 2012. 2021, 115:1, eff. Sept. 7, 2021. 2023, 86:7, II, eff. Aug. 19, 2023. 2024, 179:2, eff. Sept. 10, 2024. 2025, 224:10, eff. July 1, 2025. 2026, 259:6, eff. Jan. 1, 2027.