N.H. Rev. Stat. § 179:5

Current through Chapter 377 of the 2024 Legislative Session

Section 179:5 - Prohibited Sales

I. No licensee, salesperson, direct shipper, common carrier, delivery agent, nor any other person, shall sell or give away or cause or allow or procure to be sold, delivered, or given away any liquor or beverage to a person under the age of 21 or serve an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated. For all deliveries of packages by common carrier or delivery agent marked "alcoholic beverages" or "alcoholic products," the carrier shall obtain an adult signature.

I-a. A licensee that violates paragraph I by serving an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated, and such intoxicated person directly causes the serious bodily injury or death of a person or persons, shall be subject to the following minimum penalties:

(a) For the first offense, subject to the limitations of RSA 179:57, I, a suspension of up to 30 days provided that the suspension cannot exceed 10 days if the person in charge, managers security staff, servers, and clerks have completed liquor commission training within 24 months before the date of violation; fine of $7,500;

(b) For the second offense within 7 years of the first offense, a license suspension of a maximum of 30 days; fine of $7,500; and

(c) For the third offense within 7 years of the second offense, the license shall be revoked by the commission.

I-b. During the period of the license suspension, the licensee shall post a suspension notice distributed and prepared by the commission, on the exterior doors of the premises facing the public and on the public Internet website, if applicable. The suspension notice shall include the following language, "Liquor license suspended by the New Hampshire Liquor Commission for overserving of alcohol in accordance with RSA 179:5"

II. No licensee, manager or person in charge of a licensed premises shall allow or permit any individual, who is under the age of 21, to possess or consume any liquor or beverage on the licensed premises.

RSA 179:5

Amended by 2024, 179:1, eff. 9/10/2024.

Amended by 2016 , 108: 2, eff. 5/20/2016.

1990, 255:1. 1996, 275:16. 1998, 167:6; 331:13. 2009, 95 : 1 . 2010, 300 : 6 , eff. Jan. 1, 2011. 2016, 108 : 2 , eff. May 20, 2016.