Stiffer penalties for bars that overserve alcohol signed into law

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Jul. 15—Establishments that overserve alcohol to a customer will be hit with steeper penalties under a bill signed into law last week.

House Bill 279, known as the Elizabeth Croke Law, was signed by Gov. Chris Sununu on Friday.

Croke, 20, died in a head-on collision with a wrong-way driver on the Everett Turnpike in Merrimack in April 2021.

The crash also killed the driver of the other vehicle, Vincent P. Forgione, 24, of Windham. Minutes before the crash, Forgione's Honda pickup was seen making a U-turn and heading north in the southbound lane.

"Impaired operation on the part of Forgione is a suspected contributing factor," State Police said in a news release.

In December 2021, the State Liquor Commission fined a restaurant in Windham $2,500 and suspended its liquor license for 10 days in connection with the fatal crash.

Four employees at the Old School Bar & Grill in Windham who were accused of overserving alcohol to Forgione were ordered to enroll in and complete training programs.

The new law increases the maximum penalties from the current $2,500 fine and 10-day license suspension to $7,500 and a 30-day suspension if the alcohol licensee serves someone "who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated" and that person goes on to directly cause serious injury or death to someone else.

The penalties 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.

Sponsored by Rep. Maureen Mooney, R-Merrimack, the bill has been championed by Dave Croke, Elizabeth's father.

"My daughter Elizabeth's life was special," Croke told members of the Senate Commerce Committee in April. "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, who lived in Merrimack, was a 2019 graduate of Bishop Guertin High School in Nashua and was studying kinesiology at the University of Massachusetts Amherst.

"Lizzy was a ray of sunshine and touched all of our lives in a positive way. Our prayers join with yours as we surround the Croke family with love and support," Bishop Guertin said in a statement at the time of the accident.

Croke played basketball at Bishop Guertin and was a member of the National Honor Society and Latin National Honor Society. She was a student ambassador and received honors recognition from The Society of Women Engineers for excellence in science and mathematics.

Before the crash, a caller told police that a gray 2009 Honda Ridgeline pickup truck was driving erratically on Interstate 93 in Hooksett. Eighteen minutes later, while State Police were searching for the pickup, a crash was reported on the turnpike.

Troopers determined that Forgione's truck had crashed head-on into the gray 2016 Audi Q5 driven by Croke. Both died at the scene of the 12:15 a.m. crash.

Forgione was a 2015 graduate of Windham High School and employed with Merchants Fleet in Hooksett. According to his obituary, Forgione was co-captain of the hockey and lacrosse teams during his time at Windham High School.

pfeely@unionleader.com