1. (a) For any aggravated violation as defined in Liq 201.01 (f) which results in serious bodily injury or death the presiding officer shall impose the following penalties:

   1. (1) For the first offense, subject to the limitations of RSA 179:57, I, a suspension of not less than 30 days provided that the suspension shall be reduced by 15 days if the person(s) in charge, managers, security staff, servers, and clerks have completed NHLC training within 24 months before the date of violation, fine of $5000, and points as listed in Liq 602.01 (a);
   2. (2) For the second offense, within 7 years of the first offense, 30 day suspension, fine of $5,000, and points as listed in Liq 602.01(a); and
   3. (3) For the third offense within 7 years of the second offense, revocation.

2. (b) On the second violation of RSA 179:5 within a 24-month period, excluding any violations resulting from compliance checks, the presiding officer shall consider:

   1. (1) The complete record of all violations at the licensed location that occurred within 7 years;
   2. (2) The circumstances of the violations of RSA 179:5; and
   3. (3) If the licensee shall be required to provide security under the requirements of RSA 178:5.
3. (c) If security for liability is required, the commission shall immediately suspend the license until such time as security is provided.
4. (d) Security shall consist of insurance or a deposit meeting the requirements of RSA 178:5, I (a), except 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.

5. (e) The requirement for security of liquor liability shall be in effect:

   1. (1) So long as the license holder maintains control of the license; or
   2. (2) At least a calendar year.
6. (f) 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.
7. (g) The security required in Liq 602.03 (d) shall be in addition to any penalties imposed under Liq 602.01(2).

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