​SERVICE OF ALCOHOL AT BEVERAGE MANUFACTURERS: The House Commerce Committee has voted 18-1 to recommend passage of SB 418 with amendment.  As amended, it would allow wineries to sell up to one 5-ounce glass in lieu of 2-ounce samples, or if food is made available, to sell 2-five ounce glasses.  Additionally, it would allow beverage manufacturers to serve one pint of their product in lieu of 4 oz samples, and two full pints if food is available.  Meanwhile, a similar bill, HB 1725, remains on the table in the Senate.  This issue is likely to be resolved in a House/Senate committee of conference at the end of the Session.
 
LABOR LAW CHANGES:  The House passed SB 318 with amendment on a voice vote.  As amended, the bill increases the number of hours 16 or 17 year olds can work during shortened school weeks.  Current law limits the number of hours during any school week to no more than 6 consecutive days or more than 30 hours.  As amended, the bill keeps the 30 hour limit on regular school work weeks, but loosens it as follows: no more than 6 consecutive days or more than 40 hours if school is in session for 4 days that week; and no more than 6 consecutive days or more than 48 hours if school is in session from 1 to 4 days.  A floor amendment to remove this language and keep the limit to 30 hours per week regardless of the number of school days in a week was narrowly defeated on a vote of 149-154.  The bill further makes it clear that employees can purchase company garments beyond any uniform that is purchased for the employee by the employer.  Finally, it makes it clear that there will be no penalty for failure of an employer to provide notification to an employee concerning changes to their wage when the minimum wage is increased by statute.   The bill now goes back to the Senate for concurrence with the House amendments.  NHLRA supports the bill.  
 
PAID FAMILY AND MEDICAL LEAVE:  On a vote of 14-10, the Senate voted to send HB 628 to interim study.  This prevents the bill from advancing anymore this Session.  The bill would have established a paid family and medical leave insurance program for employees taking time away from work because of the birth of a child of the employee; because of a serious health condition of a family member; or because of a serious health condition of the employee.  The insurance pool would have been funded through a .67% deduction from employee’s wages which employers would have remitted to the NH Department of Employment Security on a quarterly basis.  Employers would have provided employees, upon hire, a form prepared by the Department that would have explained the program and provided an opportunity for employees to opt-out of the program.  Employees would have been given an opportunity to opt in on January 1 of each year.  Participating employees would have to invest into the fund for 6 months prior to taking leave. The benefit would have provided a participating employee 60 percent of their average weekly wages in the highest quarter of the year prior to the benefit year payable up to 6 weeks leave.      

SERVICE OF ALCOHOL AT BEVERAGE MANUFACTURERS: The Senate laid HB 1725 on the table to allow for more consideration of a floor amendment proposed by Senator Dan Innis.  The Senate Commerce Committee had voted 4-0 to recommend passage of HB 1725 with amendment.  In the eyes of NHLRA, Senator Innis’ floor amendment is an improvement over the committee amendment.  As proposed by Senator Innis, the bill would allow beverage manufacturers to sell their beverages for consumption on the premises if they have food available.  This is essentially what nano breweries are capable of doing now.  The House is considering similar legislation.  This issue is likely to resolved in a House/Senate committee of conference at the end of the Session.
 
LABOR LAW CHANGES:  The House Labor Committee has voted 11-9 to recommend passage of SB 318 with amendment.  As amended, the bill increases the number of hours 16 or 17 year olds can work during shortened school weeks.  Current law limits the number of hours during any school week to no more than 6 consecutive days or more than 30 hours.  As amended, the bill keeps the 30 hour limit on regular school work weeks, but loosens it as follows: no more than 6 consecutive days or more than 40 hours if school is in session for 4 days that week; and no more than 6 consecutive days or more than 48 hours if school is in session from 1 to 4 days.  It further makes it clear that employees can purchase company garments beyond any uniform that is purchased for the employee by the employer.  Finally, it makes it clear that there will be no penalty for failure of an employer to provide notification to an employee concerning changes to their wage when the minimum wage is increased by statute.   The full House will vote on the bill next Thursday, April 26.  NHLRA supports the bill. 

By: Christopher Vrountas, Esq. and Allison Ayer, Esq., Vrountas, Ayer & Chandler, P.C.

Animals might not be people, but you may need to treat them like any customer in the event they appear in your establishment as a “service animal”.  This article covers some of the issues and the laws concerning that increasingly occurring situation. 

The Americans with Disabilities Act (“ADA”) prohibits private businesses who serve the public, for example restaurants and bars, from excluding people with disabilities from bringing in their service animals onto the premises of a public accommodation.  Briefly, the ADA outlaws discrimination against people with disabilities. The ADA also requires public accommodations like restaurants and bars to allow people with disabilities equivalent access to the goods and services they offer to the general public.  This means that restaurants must allow service animals onto their premises and that they also must allow people with disabilities to bring their service animals into any areas of the restaurant that other customers are similarly allowed.  This is true even if state or local health codes prohibit animals on the premises. 

The challenge restaurants face is figuring out:  What is a service animal? When must you permit one into your restaurant with its handler? Which animals are mere pets that the restaurant may lawfully exclude?

What is a service animal verses a pet or emotional support animal?
A “service animal” is more than just a guide dog for the visually impaired.  There are several kinds of service animals that must be permitted into restaurants or bars.

​SERVICE OF ALCOHOL AT BEVERAGE MANUFACTURERS: On Wednesday, April 11 at 11:15 a.m. the House Commerce Committee will hear SB 418.  This bill would allow beverage manufacturers and nano breweries to sell one four-ounce sample per label per person and 2 pints per person.  The bill caps the total amount that may be served per person on the premises at 48 ounces.  Under current law, they are only allowed to serve one four-ounce sample per label per person.  This bill is the continuing creep of beverage manufacturers wanting to serve more of their product at their facilities without having to make an investment in food service, essentially becoming bars with no (or little) requirement to serve food.  NHLRA will continue to oppose this bill. 
 
SEPARATE BATHROOMS FOR EACH SEX:  On Tuesday, April 10 at 1:45 p.m. the Senate Commerce Committee will hear HB1382, which would repeal the requirement that restaurants provide separate bathrooms for each sex.