New Hampshire Revised Statutes 179:23 – Employment; Employment of Minors; Felon Exception
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I. No licensee shall employ any minor, with or without compensation, to serve or otherwise handle liquor or beverages, except that off-premises licensees may employ minors of not less than 15 years of age when beverages or wine is sold in the original container and delivered in the place of business of the seller, or at the vehicle of the buyer parked on or adjacent to the premises of the seller. To act as a cashier in a selling capacity a minor shall be at least 16 years of age, providing a person at least 18 years of age is in attendance and is designated in charge of the employees and business.
II. An on-premises licensee may employ any person not less than 18 years of age to serve or otherwise handle liquor and beverages while employed as a waiter, waitress, bartender, or hostess in a licensed premises. Minors not less than 14 years of age may be employed to clean tables, remove empty containers and glasses, and assist in stocking. A person at least 18 years of age shall be in attendance and be designated in charge of the employees and business.
III. The provisions of this section shall in no way prohibit an on-premises or off-premises licensee from employing persons 18 years of age or older to sell, serve, or otherwise handle or be left in charge of the employees and the business.
IV. Any corporate officer, member of a limited liability company, limited liability partnership, partnership or sole proprietor shall file an affidavit with the commission at the time of application or change of officers, attesting to the fact that they have not been convicted of a felony. Each licensee shall designate one or more persons to be in charge of the premises. For the purposes of this section, any corporate officer, member of a limited liability company, limited liability partnership, partnership or sole proprietor shall be deemed to be a person in charge of the licensed premises. For the purposes of this section, any designated person in charge of a licensee shall be considered so designated for all licenses held by the licensee. Licensees shall maintain records of all designated persons in charge and shall be made available to the commission upon request. The commission shall adopt rules, pursuant to RSA 541-A, relative to the procedures and criteria necessary for an employee to be designated as a person in charge.
V. [Repealed.]
VI. [Repealed.]
II. An on-premises licensee may employ any person not less than 18 years of age to serve or otherwise handle liquor and beverages while employed as a waiter, waitress, bartender, or hostess in a licensed premises. Minors not less than 14 years of age may be employed to clean tables, remove empty containers and glasses, and assist in stocking. A person at least 18 years of age shall be in attendance and be designated in charge of the employees and business.
Terms Used In New Hampshire Revised Statutes 179:23
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Commission: means the state liquor commission. See New Hampshire Revised Statutes 175:1
- Licensee: means the person to whom a license of any kind is issued by the commission. See New Hampshire Revised Statutes 175:1
- Limited liability company: means a limited liability company organized under the laws of this state or authorized to transact business within the state. See New Hampshire Revised Statutes 175:1
- Liquor: means all distilled and rectified spirits, alcohol, wines, fermented and malt liquors and cider, of over 6 percent alcoholic content by volume at 60 degrees Fahrenheit. See New Hampshire Revised Statutes 175:1
- Minor: means an individual under the age of 21. See New Hampshire Revised Statutes 175:1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, partnership, limited liability company or corporation. See New Hampshire Revised Statutes 175:1
- Premises: means and includes all parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest and which the licensee uses in the operation of the licensed business, and which have been approved by the commission as proper places in which to exercise the licensee's privilege. See New Hampshire Revised Statutes 175:1
III. The provisions of this section shall in no way prohibit an on-premises or off-premises licensee from employing persons 18 years of age or older to sell, serve, or otherwise handle or be left in charge of the employees and the business.
IV. Any corporate officer, member of a limited liability company, limited liability partnership, partnership or sole proprietor shall file an affidavit with the commission at the time of application or change of officers, attesting to the fact that they have not been convicted of a felony. Each licensee shall designate one or more persons to be in charge of the premises. For the purposes of this section, any corporate officer, member of a limited liability company, limited liability partnership, partnership or sole proprietor shall be deemed to be a person in charge of the licensed premises. For the purposes of this section, any designated person in charge of a licensee shall be considered so designated for all licenses held by the licensee. Licensees shall maintain records of all designated persons in charge and shall be made available to the commission upon request. The commission shall adopt rules, pursuant to RSA 541-A, relative to the procedures and criteria necessary for an employee to be designated as a person in charge.
V. [Repealed.]
VI. [Repealed.]