Can You Sue a Bar for Overserving Alcohol in NH?
In the heart of New Hampshire's vibrant hospitality scene, a bill is stirring up conversations that delve deep into the delicate balance between public safety and the livelihoods of local businesses. House Bill 279, if enacted, promises to impose significantly harsher penalties on establishments in New Hampshire found guilty of overserving alcohol to patrons showing visible signs of intoxication, especially in cases where such actions result in serious injury or loss of life.
Avenues Recovery, a leading provider of residential rehab that actually works, delves into the background of this proposed addition to the already tough liquor laws in NH.
What's Wrong with Overserving Alcohol?
Picture this: A bustling restaurant, the clinking of glasses, the hum of conversation, all set against the backdrop of a community coming together to unwind and celebrate life's moments. But behind the scenes, there's a sobering reality.
In December, the Portsmouth Gas Light Co. faced a $500 fine and a three-day liquor license suspension for the sale of alcohol to an intoxicated person, as per New Hampshire alcohol laws. The restaurant’s decision to overserve was tragically linked to a fatal crash on Thanksgiving 2022.
Enter HB 279. The bill is championed by Rep. Maureen Mooney and driven by the passionate advocacy of Dave Croke, a father who tragically lost his daughter Elizabeth to a drunk driving incident.
The Tragic Death of Elizabeth Croke
Elizabeth Croke was driving on the Everett Turnpike when a drunk driver made a U-turn and hit her car head-on. She died instantly. The driver’s blood alcohol content was nearly three times the legal limit. He’d been overserved alcohol at the Old School Bar and Grill.
The Liquor Commission fined the Old School Bar and Grill $2,500 and suspended their license for the current maximum penalty of 10 days. However, the bar simply posted that they were closed for the holidays.
The proposed new addition to liquor laws in NH seeks to honor Elizabeth's memory while enacting tangible change. The law aims to raise the stakes for establishments that fail to uphold responsible alcohol service standards.
New Hampshire Alcohol Laws Just Got Tougher
Under HB 279, the penalty for serving alcohol to an intoxicated person in NH undergoes a seismic shift. From the existing fine of $2,500 and a 10-day license suspension, the stakes skyrocket to a maximum fine of $7,500 and a 30-day suspension for the first and second offenses. The bill doesn't stop there; it mandates public notice of license suspensions and holds the sword of license revocation over establishments that repeatedly flout the rules.
But as with any legislative proposal, the devil lies in the details. Mike Somers, president of the New Hampshire Lodging and Restaurant Association, raises a poignant concern. While acknowledging the need for updated penalties, Somers warns against punitive measures that could spell doom for businesses, particularly smaller establishments that form the backbone of local communities.
Are Bartenders Liable for Drunk Drivers?
Opinions are divided on whether bartenders are liable for drunk drivers. Marge Stiles, owner of Daniel Street Tavern in Portsmouth, highlights the complexity of the issue. Drawing from her frontline experience, Stiles underscores the challenges in accurately identifying visible signs of intoxication, especially amidst the myriad variables at play.
In addition, can you sue a bar in New Hampshire for overserving when the individual arrived at the bar having already downed a couple of drinks? It can also be difficult for an overworked bartender to recall how many drinks a patron has had on a busy night.
Finding the Balance
Indeed, the debate surrounding HB 279 is not just about law and order; it's about finding a delicate equilibrium between accountability and compassion, between deterrence and fairness. How do we ensure public safety without unduly burdening businesses? Can we strike a balance that honors the memory of lives lost while preserving the vibrancy of our communities?
Perhaps the answer lies in dialogue, fostering an open exchange of ideas that acknowledges the multifaceted nature of the issue. A tiered approach, as suggested by Stiles, could offer the flexibility needed to address varying circumstances, mitigating the risk of unintended consequences while holding errant establishments accountable.
Action is Needed for Overserving Alcohol in NH
As HB 279 makes its journey through the legislative corridors, one thing remains clear: the quest for safer, more responsible alcohol service is a collective endeavor. It's a journey that demands empathy, understanding, and a shared commitment to safeguarding lives while nurturing the rich tapestry of New Hampshire's hospitality landscape.
Whether you have been overserved alcohol in a New Hampshire bar or not, the struggle is real. If you or a loved one is grappling with alcohol dependence, help is out there. Reach out to Avenues Recovery and take the first step towards the healing you deserve.