February 12, 2009

Supporting HB 605, regarding minors in charge of licensed establishments - February 12, 2009

New Futures’ Testimony to
House Commerce and Consumer Affairs Committee
in support of
HB 605 (relative to the employment of minors by liquor licensees)
February 12, 2009

 

Chairperson Reardon and Honorable Members of the Committee, I am Tricia Lucas and serve as Policy Director at New Futures.  New Futures is a nonpartisan, nonprofit advocacy organization working to reduce underage alcohol problems and increase access to substance abuse treatment.  New Futures supports HB 605 because it:

  • Builds on existing licensing law which encourages training for managers of licensed establishments; and
  • Is supported by research which indicates that licensee operating policies and effective management contribute to reduced underage access to alcohol.

 Alcohol is our number one youth drug problem in New Hampshire.

  • Referring to the month before being surveyed, almost half of New Hampshire high school students – 45% - report alcohol use; and one third – 28 % - report five or more drinks with a couple of hours (binge drinking).  (NH Youth Risk Behavior Survey 2007)
  • Underage alcohol use is six time more likely to kill young people than all other illegal drugs combined.  (Morbidity and Mortality Weekly Report, Report 51, 2002)

HB 605 would require that the person designated in charge of a licensed establishment be at least 21 years old.  HB 605 does not change existing law that governs the age at which employees of a licensee can sell, serve or otherwise handle liquor and beverages.

HB 605 builds on current law that requires an individual to be 21 years old to obtain a license for an on or off premises establishment (RSA 178:3, VII(b)) and that further requires the licensee or designated manager to attend a management training seminar provided by the Liquor Commission within 45 days of the issuance of the license.  The management training program provides “information on state law, alcohol sales practices, criminal and civil liability, and management practices which are intended to reduce access to alcohol by persons under the age of 21 and overservice of alcohol to patrons.” (RSA178:2, III)  Exiting law recognizes that the age of the individual making management decisions for a licensed establishment is an important factor in ensuring compliance with state laws governing the sale and service of alcohol. HB 605 would ensure that the individual present at the establishment and designated as in charge is 21.

HB 605 is supported by research cited in the 2004 Institute of Medicine Report, Reducing Underage Drinking, a Collective Responsibility which indicates that: 

  • Limiting youth access to alcohol has been shown to be effective in reducing and preventing underage drinking and drinking related problems; and
  • Implementation of licensee policies, including minimum age requirements of 21 for sellers and servers of alcohol and manager training are effective strategies in to reduce youth access to alcohol.

At the conclusion of this testimony we note that we recognize the concerns of those licensees who operate small off premises establishments where, under certain circumstances, the person “in attendance and designated in charge,” may be a trusted employee who is younger than 21.  We believe that there are a number of possible ways to address this concern that could be explored by a subcommittee, including sending the trusted employee under age 21 to the management training program provided by the Liquor Commission.  We look forward to working with the Committee and any subcommittee on HB 605.

Thank you for the opportunity to submit this testimony.  Please do not hesitate to contact me if I can be of assistance.