1. (a) The commission shall deny an application or revoke a license when it finds that the applicant or licensee:

   1. (1) Has not met the qualifications for licensure as set forth in Lot 1103.01(b) above;

   2. (2) Does not have an area within the premises that is suitable for the placement of a keno terminal and related devices as applicable, including:

      1. a. Inadequate space to accommodate the keno terminal and related devices so as to allow easy access and use by players;
      2. b. The lack of a reliable electrical supply within the vicinity of where the keno terminal and related devices will be located;
      3. c. Inadequate space which does not allow for the prominent display of keno related advertisements, supplies, and paraphernalia for the promotion and playing of keno to patrons; and
      4. d. Unrestricted access to individuals under the age of 18, who are not accompanied by a parent or legal guardian, which does not inhibit underage individuals from attempting to purchase a ticket;
   3. (3) Has not agreed to allow the commission to install all equipment and systems necessary to the operation of keno, including monitors and communication systems;
   4. (4) Had a check returned to the commission for insufficient funds and has not re-submitted the outstanding fee in the form of cash, money order, or certified check;
   5. (5) Failed to comply with the terms of the “New Hampshire Lottery Uniform Retailer Agreement” (October 2022), including failure to meet the minimum sales requirement;
   6. (6) Failed to submit an application that meets the requirements of Lot 1103.01, after being notified of and given an opportunity to supply missing information;
   7. (7) Failed to pay a fine imposed under administrative remedies by the commission;
   8. (8) Permitted an individual to operate the game who is prohibited from doing so under RSA 284:45,V(b);
   9. (9) Provided false or misleading information to the commission;
   10. (10) Prevented, interfered, or failed to cooperate with any inspection or investigation conducted by the commission;
   11. (11) Failed to provide requested files or documents to the commission upon request; or
   12. (12) Otherwise violated RSA 284:41-51 or this chapter.

2. (b) Prior to denying, revoking or suspending a license, the commission shall send to the applicant or licensee a written notice that sets forth:

   1. (1) The reasons for the proposed action;
   2. (2) The action to be taken by the department; and
   3. (3) The right of an applicant or licensee to a hearing in accordance with Lot 200 or RSA 541-A:30, II, as applicable.
3. (c) An applicant or licensee shall have 30 days after receipt of the notice of enforcement action to request a hearing to contest the action.
4. (d) If a written request for a hearing is not made pursuant to (c) above, the action of the commission shall become final.
5. (e) In accordance with RSA 284:44, the license application fee shall be refunded if the application is denied. The licensing fees shall not be transferable to any other application(s).
6. (f) In accordance with RSA 284:45, VII, any suspension or revocation of a liquor license shall result in the immediate suspension of the keno license.
7. (g) If an immediate suspension issued pursuant to (f) above is upheld, the licensee shall not resume operating until the licensee’s liquor license has been restored.
8. (h) Pursuant to RSA 284:49, any licensee whose license has been revoked shall not be eligible for licensure for a period of up to one year from the date of revocation.
9. (i) Hearings under this section shall be conducted in accordance with RSA 541-A and Lot 200.
10. (j) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 284 or this chapter.
11. (k) Any person aggrieved by a decision of the commission to deny or revoke a keno license may apply to the commission for a rehearing within 15 business days of the decision. Rehearings and appeals shall be governed by RSA 541 and Lot 200.

Source. #12412, eff 10-27-17; amd by #12647, eff 10-23-18; ss by #13520, eff 1-14-23