1. (a) The presiding officer shall consider any testimony or evidence offered by the prosecutor, the licensee, and by all witnesses in determining an appropriate penalty.
2. (b) The presiding officer, when hearing testimony or evidence regarding a violation of a statute, order, or an administrative rule, shall consider any aggravating factor or mitigating factor which is offered in any defense or prosecution, as required by RSA 179:56 III (a), in determining any administrative action or penalty.

3. (c) Aggravating factors shall include but not be limited to:

   1. (1) The failure to train employees in liquor education classes;
   2. (2) The failure to have adequately trained managers;
   3. (3) The failure to take advantage of education classes offered by the bureau of enforcement;
   4. (4) The failure to have any training with regard to RSA Title XIII requirements for an employee;
   5. (5) The failure to request identification of a person who appears younger than age 21 before sale of alcoholic beverage;
   6. (6) The failure to monitor the quantity of alcohol served to a patron;
   7. (7) The failure to detect poor quality identification documents as being false;
   8. (8) The reckless serving of alcohol to a person under age 16 years;
   9. (9) Serving a minor who is legally intoxicated;
   10. (10) The active encouragement of intoxicated patrons to consume more alcohol;
   11. (11) The service of alcohol to a patron that is so continuous and excessive that it creates a risk of death by alcohol poisoning;
   12. (12) The active assistance of a patron into a motor vehicle when the patron is so intoxicated as to need assistance, when a person knows or should know that the intoxicated person will operate the motor vehicle;
   13. (13) The failure to properly manage the premises, such as allowing overcrowding, unaccompanied minors in lounges, standees to drink, lack of effort to clear aisles, or areas of ingress or egress and blocked fire exits;
   14. (14) The failure to take corrective action on previously cited violations;
   15. (15) A culpable mental state, as defined by RSA 626:2, II, General Principles, of the New Hampshire Criminal Code shall be an aggravating factor when "purposefully" or "knowingly" is proven; and
   16. (16) Any factor which increases the hazard to public safety due to the sale or consumption of alcohol.

4. (d) Mitigating factors shall include but not be limited to:

   1. (1) Service of only one drink to a person who becomes intoxicated
   2. (2) The completion of NHLC training by person(s) in charge, managers, security staff, servers, and clerks;
   3. (3) The licensee admitting to problems detected and taking steps to rectify the situation;
   4. (4) Maintaining an adequate number of trained employees to supervise the sale and consumption of alcoholic beverages on the premises to assure compliance with the liquor laws and rules;
   5. (5) A new employee with instruction from management, but not having attended a liquor education program; and

   6. (6) Established management policies:

      1. a. Ensuring persons of questionable age are checked as to age before sale or service of alcohol or tobacco; and
      2. b. Ensuring the proper operation of the establishment.
5. (e) The presiding officer shall decide each case after closing the hearing and all decisions shall be based upon a preponderance of the evidence.

Source. (See Revision Note at chapter heading for Liq 600) #13983, eff 5-24-24