New Hampshire Revised Statutes 78:9 – Denial of License Application
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I. The commissioner may deny a manufacturer‘s or wholesaler‘s application for a license, for any of the following reasons:
(a) The applicant’s license was revoked by the commissioner under N.H. Rev. Stat. § 78:20.
(b) The commissioner believes that the application is filed by a person as a subterfuge for the real person in interest whose license was revoked by the commissioner under N.H. Rev. Stat. § 78:20.
(c) The applicant, or a person or entity that owns or has a right to control any interest in the applicant, is not in good standing with the department as described in N.H. Rev. Stat. § 78:8, III.
(d) The applicant, or a person or entity that owns or has a right to control any interest in the applicant, has been convicted of a crime provided for in this chapter, or in any other state for a crime related to tobacco tax, within a 2-year period prior to the date on which the application is filed.
(e) The applicant, or a person or entity that owns or has a right to control any interest in the applicant, has been convicted of a crime involving theft or fraud in this state or any other state, within a 2-year period prior to the date on which the application is filed.
(f) The commissioner, pursuant to rules adopted under RSA 541-A, determines that the applicant, or a person or entity that owns or has a right to control any interest in the applicant, is not financially responsible or otherwise not a suitable person to manufacture, or purchase or sell tobacco products at wholesale, in this state.
II. The commissioner shall notify the applicant of the denial in writing.
III. An applicant aggrieved by the denial of a license may petition for redetermination or reconsideration within 60 days after the commissioner issues the notice of denial in accordance with the procedures provided in N.H. Rev. Stat. § 21-J:28-b.
(a) The applicant’s license was revoked by the commissioner under N.H. Rev. Stat. § 78:20.
Terms Used In New Hampshire Revised Statutes 78:9
- Commissioner: means the commissioner of the department of revenue administration. See New Hampshire Revised Statutes 78:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Fraud: Intentional deception resulting in injury to another.
- Manufacturer: means a person domiciled in the United States engaged in the business of importing, exporting, producing, or manufacturing tobacco products. See New Hampshire Revised Statutes 78:1
- Person: means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed. See New Hampshire Revised Statutes 78:1
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- sell: means any transfer, whether by bargain, gift, exchange, barter, or otherwise. See New Hampshire Revised Statutes 78:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Tobacco products: means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, electronic cigarettes, loose tobacco, smokeless tobacco, and cigars. See New Hampshire Revised Statutes 78:1
- Wholesaler: means any person engaged in the business of receiving, storing, purchasing, and selling tobacco products from any source for distribution to persons other than consumers, except those persons exempted from the tobacco tax under N. See New Hampshire Revised Statutes 78:1
(b) The commissioner believes that the application is filed by a person as a subterfuge for the real person in interest whose license was revoked by the commissioner under N.H. Rev. Stat. § 78:20.
(c) The applicant, or a person or entity that owns or has a right to control any interest in the applicant, is not in good standing with the department as described in N.H. Rev. Stat. § 78:8, III.
(d) The applicant, or a person or entity that owns or has a right to control any interest in the applicant, has been convicted of a crime provided for in this chapter, or in any other state for a crime related to tobacco tax, within a 2-year period prior to the date on which the application is filed.
(e) The applicant, or a person or entity that owns or has a right to control any interest in the applicant, has been convicted of a crime involving theft or fraud in this state or any other state, within a 2-year period prior to the date on which the application is filed.
(f) The commissioner, pursuant to rules adopted under RSA 541-A, determines that the applicant, or a person or entity that owns or has a right to control any interest in the applicant, is not financially responsible or otherwise not a suitable person to manufacture, or purchase or sell tobacco products at wholesale, in this state.
II. The commissioner shall notify the applicant of the denial in writing.
III. An applicant aggrieved by the denial of a license may petition for redetermination or reconsideration within 60 days after the commissioner issues the notice of denial in accordance with the procedures provided in N.H. Rev. Stat. § 21-J:28-b.