Section Liq 404.05 - Authorization For Other Areas Licensing Criteria(a) Holders of on-sale licenses, other than vessel, dining car or rail car licenses, may extend service of beverage and liquor to clearly defined areas provided: (1) Service is extended to rooms on the contiguous premises as defined by RSA 175:1, LIV, patio areas which are clearly defined, swimming pools with clearly defined areas, other clearly defined areas which the licensee may designate for alcoholic beverage service;(2) They have petitioned in writing pursuant to Liq 205.10 to the commission for approval of alcoholic beverage service to these areas; and(3) They have received permission pursuant to Liq 205.10 from the commission in writing granting permission for such service.(b) Clearly defined areas for the purpose of this rule shall be so constructed as to place physical barriers to indicate to patrons exactly which locations are authorized for the service of alcoholic beverages. The physical barriers shall be ropes, shrubbery which is tall enough to be a physical barrier so as to be construed to be a fence, fences, railings, gazebos, tents with side walls, tents or gazebos with a physical barrier set around them or other similarly clearly defined area.(c) The holder of a bed and breakfast, restaurant, full service restaurant or convention center license may extend service of beverage and liquor to an outside cafe style area provided they meet the following criteria:(1) The area is contiguous to the licensed premises and clearly defined as defined in Liq 404.05(a) and (b);(2) The area proposed for service of alcoholic beverages has been approved by the appropriate agency of the town or city it is located in, or the town or city supplies the licensee a letter indicating they have no objection to the proposed cafe style area;(3) They have petitioned pursuant to Liq 205.10 in writing to the commission for approval of alcoholic beverage service to these areas; and(4) They have received permission pursuant to Liq 205.10(a)(1)b. from the commission in writing granting permission for such service.(d) The holder of a golf course license may extend service of liquor or beverage to the leased, rented or owned premises of a golf facility's fairways provided a service plan is submitted and approved.(e) "Service plan" for the purposes of Liq 404.05(c) means a written proposal, offered by a golf facility licensee, outlining the method and manner of service of alcoholic beverages on property owned, leased or rented by the licensee.(f) Approval of a service plan shall be based upon the requirements of Liq 509.01 for mobile service bars and shall include consideration of communication from a local community objecting or not objecting to the plan.N.H. Admin. Code § Liq 404.05
#5289, eff 1-1-92; ss and moved by #6391, eff 11-28-96 (from Liq 404.06 ); amd by #7779, eff 10-18-02; ss by #8243, eff 12-31-04, EXPIRED: 12-31-12
Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10643, Effective 7/18/2014, Expires7/18/2024.