Restaurant and Bar Owners Beware

Apr 18, 2009 - by Richard Samdperil

$100,000.00 fines.  Revocation of your liquor license.  These are just two of the possible punishments if you own a restaurant or bar and are charged with overserving a patron. 

Would your business survive?  For more information about the recent indictment of Margaritas restaurant in Exeter, NH click here. 

NH Laws for Overserving Patrons Alcohol

Under current law, if a drunk person shows no signs of intoxication and is served a drink, the bar could still be punished. 

However, New Hampshire lawmakers are considering a bill that would change that. 

Under the proposed law, a waiter, bar owner, or liquor store would be liable if they serve any individual "who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated."  

The new law is far better for business owners who could otherwise be held responsible for serving a patron who acts and appears sober, but is later determined by police to be under the influence of alcohol.

If you are a restaurant or bar owner, you should discuss liability issues with your employees, including offenses for overserving patrons.

UPDATE (5/13/09) - Portsmouth, NH's Fat Belly's indicted for overserving patron.