1. (a) When the commission determines a surrounding relevant market meets the requirements of RSA 177:11 it shall seek applications from the public in the following manner:

   1. (1) The commission shall advertise the availability of an agency store license in a particular municipality and the boundaries of the surrounding relevant market within which such agency store shall be located on the commission website, and in a newspaper in the county where the agency store is to be located;
   2. (2) The commission shall notify by certified mail the governing body of the particular municipality where the agency store is to be established;
   3. (3) The commission shall notify by certified mail the governing body of any municipality in the surrounding relevant market that the agency store is intended to serve; and
   4. (4) The commission shall request of the governing bodies identified in (2) and (3) that notice be posted at the town hall or other appropriate locations.

2. (b) The advertisement and notice shall include:

   1. (1) General selection criteria and procedures for selection and appointing a retail sales agent as required by RSA 177, Liq 508.16, and Liq 508.17;
   2. (2) Deadline for receiving applications; and
   3. (3) How to obtain additional information.
3. (c) The commission, once in receipt of all applications for an agent, shall notify the governing body of the particular municipality and the governing bodies of all municipalities within the surrounding relevant market of the proposed location of each applicant.
4. (d) Processing of the proposed applications shall be suspended for 30 days, to allow municipalities and interested individuals to submit written comments to the commission on the proposed location of a new agency store.

5. (e) The commission shall hold a public hearing consistent with RSA 177:11, IV(d) and RSA 541-A when:

   1. (1) The commission receives a written request for such hearing from the governing body of the particular municipality or the governing body of any municipality located in the surrounding relevant market provided:

      1. a. The request was made within 14 days of the original public notice requesting applications for an agency store license; and
      2. b. The commission shall hold the public hearing within 45 days of the close of the public comment period in the municipality in which the agency store may be located.

6. (f) The commission shall evaluate all applications and select the applicant which, in its judgment:

   1. (1) Provides the greatest revenue to the state, and

   2. (2) Provides the best service to the public, considering the following factors:

      1. a. Price;
      2. b. Selection;
      3. c. Hours of operation;
      4. d. Location; and
      5. e. Sales area and layout.
7. (g) The commission shall select an agency store using the selection criteria and requirements of RSA 177:11, RSA 177:16, Liq 508.16, and Liq 508.17.
8. (h) The commission shall provide written notice to all applicants, the governing body of the particular municipality and the governing body of municipalities in the surrounding relevant market of the selected applicant or applicants.
9. (i) Any applicant aggrieved by a decision made by the commission may appeal the decision in accordance with RSA 541-A and Liq 200.

Source. #5261, eff 10-30-91, EXPIRED 10-30-97 New. #6666, eff 1-1-98; ss by #8450, eff 10-21-05; ss by #9966, eff 7-29-11; ss by #10647, eff 7-24-14; ss by #13461, eff 10-13-22