Alcohol and Tobacco
What is RSA 179:50 Loitering; unlawful purpose?
No licensee shall allow any person to loiter on her/her premises who is disorderly or who loiters for any illegal purpose No licensee shall use, or allow to be used such premises for any purpose contrary to law
What is important about protective custody?
No local or county jail shall refuse the request of an officer to admit an intoxicated or incapacitated person who is in protective custody
What are hours of sales?
Off-sale: 0600-2345 On-sale: 0600-0100 All drinks must be off the tables and out of patrons hand by 0130
What is RSA 179:18?
Posting of Age Requirements: -Posters shall be displayed on the premises in a conspicuous place -Posters shall contain a summary and explanation of the laws relative to drinking age restrictions
What did Weldy v Kingston put into place 179:2 Seizure?
The NH Supreme Court stated that an officer who discovers minors with alcohol, the officer shall seize the alcohol and arrest the minors who are in possession, notify their parents and seize any conveyance they are traveling in
What can the commission do that law enforcement cannot regarding alcohol and tobacco?
They can give a violation to the clerk as well as fine the business.
A minor is a person under 18
True
An area specifically reserved for an educational function counts as a Public Educational Facility during the time slot the event is occurring.
True
DWI has no state of mind that needs to be proven.
True
For exam purposes anything involving tobacco products the age of focus is 18 but in the real world it is 21.
True
Regarding RSA -A :44 Transporting Alcoholic Beverages this statute does not extend to limos, charters, taxis etc.
True
The commission has primary enforcement over alcohol and tobacco however departments have jurisdiction as well.
True
Under 179:60 is it unlawful to interfere with a liquor investigators.
True
Some medical conditions can mimic intoxication.
True, diabetes, epilepsy, head injuries, Parkinson's/MS, developmental disabilities
Every on premises license or off premise license shall be posted in a conspicuous place on the premises named in the license
True, under 179:52
What is RSA 179:10?
Unlawful Possession and Intoxication Any person under 21 who has alcohol in their possession or who is intoxicated is guilty of a violation and fines a minimum of $300 Second fine: $600 BAC: .02 is prima facie evidence of intox
What is the penalty for possession and use?
Violation and $100 fir each offense but can use 20 hrs of community service but is difficult to impose same applies on school grounds
What is the penalty for transporting alcoholic beverages?
Violation and/or fine for $150 and has potential to lose license for 60 days at the first offense but up to a years any offense thereafter
Can you bring a table bottle of wine home even if it has been opened?
Yes as long as it has been sealed back up and the person cannot be intoxicated and in a non-accessible place in the vehicle
What are employment of minors and felons (age requirements off sale)?
1. 15 yrs old to deliver 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 2. 16 yrs to make the sale 3. There must be someone at least 18 yrs on premises 4. The person in charge must be at least 18 yrs
What are the required elements of an accepted identification?
1. D.O.B 2. Name 3. Address 4. Picture 5. Expiration date
What are accepted forms of identification when purchasing alcohol or tobacco?
1. Driver's License 2. Passport 3. Military ID 4.An ID card
Making reports of sales to minors
1. ID the store, day ,date and time 2. Type and Amount of alcohol involved 3.Who sold product 4. Did you observe the sale. If not who did 5.How old did the minor appear to be 6. Was the minor asked for their ID 7.Did the minor use a fake ID
Building reports of fights, disturbances, or other crimes on premises
1. Names, addresses, and DOBs of those involved 2. Manager; owner; or other person in charge 3.Level of intoxication involved 4. How long had they been there 5. How much did they have to drink 6.What were they drinking
What are employee restrictions?
1. No person, except a citizen of the US or legal resident alien, shall be employed to sell or deliver any alcohol or beverage 2. No on/off premises licensee shall consume alcohol/ liquor while working 3. No employee shall consume alcohol/ liquor while working
What are some detection techniques regarding fake ID'S
1. Radio dispatch for subject's history 2.Not on file, no history (sus) 3.Use UV light or a magnifier 4. Run your finger across and around the card 5. Check for thickness 5. Look at the back of the ID: It may be fuzzy, too small printing, blurry, ink bleeding
How do you build reports of serving an intoxicated person?
1.Who is intoxicated. Who served them 2.What are they drinking 3.When did incident take place 4.Where were they drinking. Had they been drinking elsewhere 5.How long were they there 6. Articulate visible signs of intox 7. Obtain names and addresses of witnesses, servers, employees, manager etc
What is the penalty for sale and distribution for tobacco products?
1st offense: $250 2nd offense: $500 3rd and so on: $500-1500 1ST offense is also classified as a violation and anything thereafter is a misdemeanor
What is the magic number regarding manufacturing fake IDs?
5
What is the magic number of people to constitute 644:18 Facilitating a Drug or Underage Alcohol House Party?
5 or more and at least one person under 21 unlawfully possesses or consumes drugs or alcohol
What classifies a keg?
Above 7 gallons of any liquid
What are Law and Administrative Rules?
Alcohol/ Liquor laws are outlined in Title XIII of the NH Criminal Code All violations are misdemeanors unless otherwise specified Administrative rules compliment the RSA'S and for the purposes of the liquor license, they carry the same weight as law Liquor Commission Administrative Rules are listed as "Liq.'s" Very helpful tools when something just doesn't seem right about the business Covers rule making, license requirements, data processing, disputed charges etc
What are restrictions on serving and congregating of patrons?
Alcohol/ liquor may be served to patrons in/ on premises establishments while seated at tables, booths, at the bar, seated at drink rails, or while standing at the bar or drink rails No alcohol/liquor shall be served or consumed in foyers, hallways, kitchens, restrooms, or other areas not approved for service by the commission
What is a Public Educational Facility?
Any enclosed place or portion of such place which is supported by public funds and which is used for the instruction of students pre-k-12. Admin buildings and offices and other places of instruction.
What is a tobacco product?
Any product containing tobacco including but not limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless tobacco, and smokeless cigarettes
What is a cigarette?
Any roll for smoking made wholly or in part tobacco
What are words fake ID's tend to have?
Authentic Genuine Secure Security Genuine seal of authority Valid and secure Combos of the above
How do you build an administrative case?
Clear Concise Complete Detailed Include aggravating factors: danger to public safety, failure to manage premises properly Include mitigating factors: Actions taken when checking ID, prior history of violations Responsible business practices
Why check the "T" zone?
Eye shape Scars Hairline Birthmarks Earlobe attachment Law line Nose, Lips, Mouth
You can always use intoxication as a defense to a crime.
False, it is not a defense unless the person is so drunk they are incapable of forming criminal consent State v Glidden
When can you search intoxicated persons?
For weapons and means of escape, you may only check their ID if you do not know their identity (Sate V Harlow)
Why should you investigate a passport?
It's suspicious, why would you carry your passport but not your ID. Werid
What symbols does a fake ID tend to have?
Keys Locks Eagles Globes
What's a common tell for a fake ID?
Lack of shadows in the photo
