Navigating Alcohol Delivery: What New Hampshire Restaurants with Liquor Licenses Need to Know
As a restaurant owner in New Hampshire holding a liquor license, it's essential to stay compliant with the state's laws and regulations, especially when considering the delivery of alcoholic beverages. Recent updates and longstanding statutes provide clear guidelines that you must follow to avoid any legal complications. Here's what you need to know:
1. Eligibility for Alcohol Delivery
Under New Hampshire law, specifically RSA 179:15, licensed restaurants and on-premises beverage license holders are permitted to deliver alcoholic beverages under certain conditions. The first and foremost is that businesses must apply for the “Restaurant Delivery License” (RDL) either upon their initial application or upon renewal for an additional fee of $250 annually. Restaurants that do not hold an RDL may not engage in any liquor delivery.
2. Key Requirements for Delivery:
Licensed Personnel Only: Deliveries of alcohol must be carried out by the licensee or employees who are at least 18 years old. It is critical to ensure that only authorized and trained personnel handle the delivery of alcoholic beverages. New Hampshire does not allow third-party alcohol delivery (e.g., Doordash, UberEats). Employees should maintain a copy of the license in the delivery vehicle.
Time Restrictions: Deliveries are only permitted during the legal hours of alcohol sale, which generally aligns with the restaurant's operating hours. It is illegal to deliver alcohol outside these hours. Deliveries must be completed within lawful sale hours so licensees should terminate delivery service before shutting down in-house service.
Age Verification: The law mandates strict age verification processes. The person receiving the alcohol must be 21 years of age or older. Valid photo identification must be presented at the time of delivery to verify the recipient's age. Failing to verify the age can result in severe penalties for the licensee.
Delivery Limits: There are specific limits on the quantity of alcohol that can be delivered. For example, no more than one gallon of malt beverages, one liter of spirits, or one liter of wine may be delivered per customer per day. Understanding these limits is crucial to avoid violations. Furthermore, deliveries cannot be made to specific areas, such as schools, parks, or streetcorners.
Record-Keeping: Restaurants must maintain detailed records of all deliveries, including the date, time, quantity of alcohol delivered, and information about the recipient. These records should be kept for a minimum of one year and be readily available for inspection by state enforcement officers.
3. Compliance with RSA 179:15
RSA 179:15 outlines the legal framework for alcohol delivery by licensed establishments. It is vital to familiarize yourself with the specific language of this statute to ensure full compliance. Key points include:
Prohibition of Sales to Intoxicated Persons: Delivery of alcohol to individuals who are visibly intoxicated is strictly prohibited. Train your staff to recognize signs of intoxication to prevent illegal sales.
Advertising Restrictions: Any advertising related to alcohol delivery must not imply the sale of alcohol to minors or suggest irresponsible consumption. Ensure all promotional materials comply with state guidelines.
4. Recent Updates and Enforcement
According to the latest letter from the New Hampshire Liquor Commission's Enforcement Division, dated July 2023, there has been increased scrutiny and enforcement of alcohol delivery practices. This includes undercover operations and audits to ensure compliance with state laws. Restaurants must remain vigilant and proactive in their compliance efforts to avoid fines, suspension of licenses, or other legal consequences.
5. Best Practices for Alcohol Delivery
Staff Training: Regularly train your staff on the latest delivery regulations, focusing on age verification, intoxication signs, and record-keeping. The New Hampshire Liquor Commission offers RDL-specific online training on its website free of charge.
Technology Utilization: Consider using technology to aid in age verification and record-keeping. Apps and software can help ensure compliance with state laws and reduce human error.
Clear Policies: Establish clear, written policies for alcohol delivery within your restaurant. Make sure these policies are communicated to all relevant staff members.
Audit Your Practices: Periodically review your delivery records and practices to ensure they align with state regulations. Conduct internal audits to identify and correct any potential issues.
6. Consequences of Non-Compliance
Non-compliance with New Hampshire’s alcohol delivery laws can result in severe penalties, including fines, suspension or revocation of your liquor license, and potential legal action. As previously covered on this blog, New Hampshire’s discipline system is more formal than in previous years. The state's liquor enforcement division has made it clear that they will be actively monitoring compliance, so it's in your best interest to adhere strictly to all regulations.
Conclusion
Delivering alcohol can be a great way to enhance your restaurant's offerings and meet customer demand, but it comes with significant responsibilities. By understanding and adhering to New Hampshire's regulations, you can safely and legally offer alcohol delivery, providing an additional revenue stream while maintaining the integrity of your business. Stay informed, stay compliant, and ensure that your alcohol delivery practices align with state laws.
For more detailed information, refer to the full text of RSA 179:15 and the New Hampshire Liquor Commission's guidelines, or reach out to a specialized advisor that knows the industry.
By adhering to these guidelines, your restaurant can safely and legally deliver alcohol, offering convenience to your customers while staying on the right side of the law.
