N.H. Code Admin. R. Liq 508.16 - Sales Agent Selection Procedure

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

(1) The commission shall advertise the availability of an agency store license 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) The commission shall also notify by certified mail the governing body of the municipality were the agency store may be established;

(3) The commission shall also 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) The commission shall request that notice be posted at the town hall or other appropriate locations.

(b) The advertisement and notice shall include:

(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) Deadline for receiving applications; and

(3) How to obtain additional information.

(c) The commission, once in receipt of all applications for an agency store license, shall notify by certified mail the governing bodies of all municipalities within the surrounding relevant market of the proposed location of each applicant.

(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.

(e) The commission shall hold a public hearing consistent with RSA 177:11 IV(d) and RSA 41-A when;

(1) The commission receives a written request from any municipality located in the surrounding relevant market provided;

(2) The request was made within 14 days of the original public notice requesting applications for an agency store license; and

(3) The commission shall hold the public hearing within 45 days of the close of the public comment period.

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

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

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

a. Price;

b. Selection;

c. Hours of operation;

d. Location; and

e. Sales area and layout.

(g) The commission shall appoint an agency store using the selection criteria and requirements of RSA 177:11, RSA 177:16, Liq 508.16 and Liq 508.17.

(h) The commission shall provide written notice by certified mail to all applicants and municipalities in the surrounding relevant market of the selected applicant or applicants.

Notes

N.H. Code Admin. R. Liq 508.16

#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

Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10647, Effective 7/24/2014, Expires7/24/2024.