CHAPTER 253
SB 302 - FINAL VERSION
17may00.....4268h
2000 SESSION
03/09
SENATE BILL 302
This bill specifies that restrictions on liquor licensees relating to the employment of convicted felons apply only to the designation of persons to be in charge of the premises. The bill limits the amount of time that a licensee can employ a convicted felon prior to obtaining the necessary waiver. It also establishes a fine for noncompliance.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17may00.....4268h
00-2715
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to certain employment requirements for liquor licensees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
253:1 Alcoholic Beverages; Enforcement, Requirements, and Penalties; Employment, Employment of Minors, Felon Exception; Commission Approval. Amend RSA 179:23, V to read as follows:
V. Notwithstanding paragraph IV, the commission may in its discretion approve the [employment] designation of any person who has been convicted of a felony as a person to be in charge of the premises, provided that not less than 6 months shall have passed since such person was placed on parole or probation and that during this interim period [he] such person shall have led an exemplary life and not have been convicted of any further crime excluding minor traffic violations. [Such approval shall allow for the employment of the person in the sale and distribution of liquor and beverages, and] The commission shall periodically review the status of such person in respect to the continuance of his or her good behavior and may revoke, in its discretion, the approval for [employment] designation as a person to be in charge of the premises granted under this section.
VI. Notwithstanding paragraph V, a licensee may employ a person convicted of a felony to sell, serve, or otherwise handle alcoholic beverages in a non-managerial capacity for a period of 60 days without meeting the provisions of paragraph V. A convicted felon employed under this section shall not be allowed to work longer than 60 days without the licensee complying with the provisions of paragraph V. Any licensee knowingly employing a person convicted of a felony to serve alcoholic beverages longer than 60 days without obtaining a waiver under paragraph V shall be fined not more than $50 per day for each day of employment beyond 60 days.
253:2 Alcoholic Beverages; Enforcement, Requirements, and Penalties; Enforcement Proceedings and Penalties; Suspension or Revocation, Administrative Fines; Person in Charge. Amend RSA 179:57, I to read as follows:
I. The commission shall cause frequent inspections to be made of all the premises with respect to which any license has been issued under the provisions of this title. If any licensee violates any of the provisions of law or any of the rules of the commission adopted under this title or fails to superintend in person or through a manager approved by the commission the business for which the license was issued or allows the premises with respect to which the license was issued to be used for any unlawful purposes or knowingly [employs in the sale or distribution of liquor or beverages] designates to be in charge of the premises any person who has been convicted of a felony, unless the person has been approved by the commission pursuant to RSA 179:23, V, or otherwise fails to carry out in good faith the purposes of this title the license of such licensee may be suspended or revoked after notice and hearing, in accordance with RSA 541-A:31-36. Notwithstanding any other provisions of this chapter, the commission after the appropriate hearing may impose a fine of a specific sum, which shall not be less than $100 nor more than $5,000 for any one offense. Such a fine may be imposed instead of, or in addition to, any suspension or revocation of a license by the commission.
253:3 Effective Date. This act shall take effect 30 days after passage.
(Approved: June 12, 2000)
(Effective Date: July 12, 2000)