NH bars likely to face tougher penalties for overserving: Here's how new law would work

CONCORD — New Hampshire bars and restaurants could be hit with much steeper penalties for overserving alcohol if a new bill becomes law.

In December, Portsmouth Gas Light Co. restaurant was fined $500 and given a three-day liquor license suspension by the New Hampshire Liquor Commission for serving a “visibly intoxicated” man before a fatal crash on Thanksgiving 2022.

If House Bill 279 is signed into law, the punishment for a similar offense would likely become much higher.

HB 279 would increase the maximum penalties from the current fine of $2,500 and a license suspension of 10 days to $7,500 and 30 days if the alcohol licensee serves someone “who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated” and goes on to directly cause serious injury or death to someone else. These penalties would apply for both the first and second offense.

The bill also requires the bar or restaurant to post a notice explaining why their license was suspended. If the restaurant faces three offenses within a certain length of time, their liquor license could be revoked entirely.

The license suspension is shortened to 10 days if employees have completed liquor commission training within two years of the offense.

The Gas Light's attorney did not immediately return a request for comment.

Father of woman killed by drunken driver fought for bill, now likely to be signed by Sununu

Sponsored by Rep. Maureen Mooney, R-Merrimack, the bill has been the mission of Dave Croke, the father of a Merrimack woman who was killed by a drunken driver on the Everett Turnpike in April 2021.

Croke said three years ago, a Windham bar overserved a group of young patrons. Later, one of the patrons drove drunk on the opposite direction on the highway and hit Croke’s 20-year-old daughter’s car head-on. She died instantly; her car engulfed in flames. The driver also lost his life.

“My daughter Elizabeth’s life was special. My daughter Elizabeth’s life mattered. She had her whole life ahead of her. A bright light who always thought of others gone forever. Only memories remain,” Croke said in front of the Senate Commerce Committee on Tuesday, April 16. “It's not OK to drink and drive. It is everyone's responsibility to make sure our roads are safe.”

HB 279, also called the Elizabeth Croke Law, passed the Senate on Thursday. It has now passed both the House and the Senate, and next heads to Gov. Chris Sununu’s desk. He has already expressed strong support for the bill, writing two letters in favor of the proposed changes.

“I commend the Croke family and the sponsors of this bill for their efforts in bringing attention to a shortfall of accountability on the part of New Hampshire liquor licensees in cases resulting in death or serious bodily injury. Their efforts are being memorialized in the name of Elizabeth Croke,” Sununu wrote in his second letter of support to the House Commerce and Consumer Affairs Committee in October. “It is our job to ensure that our citizens are safe, whether they are at home or traveling the highways and byways of New Hampshire, and that violators are held accountable. This combination of deterrence through accountability and responsible service and consumption will only help to fortify the state’s existing practices and help prevent the tragic loss of life in the future.”

Issue is important but penalties too high, say businesses

Mike Somers, the president of the New Hampshire Lodging and Restaurant Association, wrote to the Senate Commerce Committee to express the industry’s concerns.

While he said that the increase in fine is an acceptable update to the punishment, the tripled license suspension is “more than punitive.”

“Many industry members have shared with us that if this were ever to applied to their business, they would simply be out of business,” Somers wrote in his letter, adding that the loss of the restaurant would leave a “hole in the heart of a community.”

Somers suggested a different model with a license suspension of 20 days for the first offense. For a second offense, he offered a suspension of 25 days but a higher fine of $10,000.

“This is a very sensitive topic and I concede that an updating of the penalty structure is warranted, but the proposal will ultimately destroy every business that makes an inadvertent mistake, particularly the smallest businesses that are the cornerstone of New Hampshire,” Somers wrote.

Marge Stiles, the owner of Daniel Street Tavern in Portsmouth, said it’s complicated. While she said they try to handle any problems as quickly and safely as possible, it can be hard to tell how intoxicated someone might be, especially if they have taken other substances that aren’t connected to the restaurant.

“This could really hurt a lot of businesses,” Stiles wrote in an email. “I understand that they are trying to update with the times. I understand that tragedies happen and they somehow think that this will change things. I think a 30-day license suspension is excessive, depending on the circumstances.”

Stiles said she would prefer a tiered approach with degrees that take into account factors like time since the last offense and impact of the offense.

This article originally appeared on Portsmouth Herald: NH bars likely to face tougher penalties for overserving