2017 New Hampshire Revised Statutes
Title LII - ACTIONS, PROCESS, AND SERVICE OF PROCESS
Chapter 507-F - ALCOHOLIC BEVERAGE LICENSEE LIABILITY
Section 507-F:6 - Responsible Business Practices Defense.

Universal Citation: NH Rev Stat § 507-F:6 (2017)
    507-F:6 Responsible Business Practices Defense. –
    I. Service of alcoholic beverages is not negligent or reckless if the defendant, at the time of the service, is adhering to responsible business practices. Responsible business practices are those business policies, procedures, and actions which an ordinarily prudent person would follow in like circumstances.
    II. The service of alcoholic beverages to a person with actual knowledge that such person is intoxicated or is a minor is not a responsible business practice. Evidence of responsible business practices pursuant to this section is relevant to determining whether a defendant who does not have such actual knowledge should have known of the person's intoxicated condition or age.
    III. With respect to service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, comprehensive training of the defendant and the defendant's employees and agents who are present at the time of service of alcoholic beverages and responsible management policies, procedures, and actions which are in effect at the time of such service.
    IV. With respect to service to intoxicated persons, evidence of comprehensive training includes, but is not limited to, the development of knowledge and skills regarding the responsible service of alcoholic beverages and the handling of intoxicated persons. Such training shall be appropriate to the level and kind of responsibility for each employee and agent to be trained.
    V. With respect to service to intoxicated persons, evidence of responsible management policies, procedures, and actions may include, but is not limited to, those policies, procedures, and actions which:
       (a) Encourage persons not to become intoxicated if they consume alcoholic beverages on the defendant's premises.
       (b) Promote availability of nonalcoholic beverages and food.
       (c) Promote safe transportation alternatives other than driving while intoxicated.
       (d) Prohibit employees and agents of defendant from consuming alcoholic beverages while acting in their capacity as employee or agent.
       (e) Establish promotions and marketing efforts which publicize responsible business practices to the defendant's customers and community.
       (f) Implement comprehensive training procedures.
       (g) Maintain an adequate number of trained employees and agents for the type and size of defendant's business.
    VI. With respect to service to minors, evidence of responsible business practices may include, but is not limited to:
       (a) Management policies which assure the examination of proof of age as required by RSA 179:8, for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors.
       (b) Comprehensive training of employees who are responsible for such examination regarding the detection of false or altered identification.
    VII. Proof of responsible business practices shall be based on the totality of the circumstances, including but not limited to: the availability of training programs and alternative public transportation; the defendant's type and size of business; and the nature of the defendant's previous contacts with the intoxicated person or minor who is served. Evidence of the existence or omission of one or more elements of responsible business practices does not conclusively prove or disprove the responsible business practices defense.

Source. 1986, 227:11. 1990, 255:18, eff. July 1, 1990.

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