Overcrowded Non-Compliant Restaurants Topic Of Manchester Meeting

MANCHESTER, NH - Business owners from downtown Manchester gathered at the REX theater last week to meet with City of Manchester officials. The meeting was an opportunity to share what businesses thought the city could do to help them during the Pandemic.

Several businesses shared concerns about some businesses operating under the re-opening guidelines, and others were not complying. The discussion also continued on the inconsistent enforcement by the City of Manchester, and State of New Hampshire.

In the early morning hours of Sunday October 25, 2020 a patron visiting Penuche’s Music Hall on Elm Street reached out with a still photo and video of what appears to be several customers and employees at the establishment. The still image taken on October 25th shows people standing, crowded in the first floor of the bar, and several people appearing to be employees not wearing masks.

We reached out to the Mayor’s Office and Health Department in Manchester asking several questions about enforcement, and steps being taken to keep people safe in restaurants and bars.

In a response from Phillip Alexakos, Chief Operations Officer of the Health Department Said : "The Manchester Health Department has been actively working with state and local partners to respond to any complaints related to Covid-19 Guidance and/or Governor’s Orders. Local Health Officers have been asked by the NH Department of Health and Human Services and the NH Attorney General’s Office to use the following process to respond to complaints relative the Governor’s Emergency Orders: Conduct a site visit where we share the nature of the complaint and provide copies of the applicable Task Force Guidance. We then require written acknowledgement of the complaint and receipt of the guidance. We then share this information with the NH Liquor Commission (if applicable) and the NH Attorney General’s Office for their follow-up and enforcement. The NH Liquor Commission and Attorney General’s Office have a process by which they then issue warning letters and possible fines, for repeated violations. The Health Department does not have the authority to enforce the Governor’s Orders.”

Alexakos went on to say ; "We have participated in unannounced food establishment site visits over the course of the summer. We are aware that the NH Liquor Commission has been more active in Manchester, conducting evening site visits, and especially over the past few months. With regard to when they were last active in Manchester and when, I would refer you back to that agency.”

Thursday afternoon the NH Liquor Enforcement responded with the following statement: “The Division of Enforcement has recently been made aware of a licensed establishment that has disregarded the guidelines set forth by the Governor’s emergency order. We are in direct contact with ownership and management of to convey the serious nature of this situation, and are working with them to get their establishment into compliance. The health and safety of the public is our highest priority and we will be closely monitoring the actions of this and of other establishments to ensure compliance. If this type of behavior continues, serious administrative action will be taken.” – Mark Armaganian, Chief of the NHLC Division of Enforcement and Licensing

We reached out to the management of Penuche’s Music Hall in Manchester about compliance of the guidelines from the State of New Hampshire and as of the time of this article have not had any response.

Video: https://www.frameofmindphoto.c...

In researching this article we learned that the City of Manchester Fire Department which does fire code enforcement has little or no power to enforce compliance with the re-opening guidance. In the case of Penuche’s Music Hall the certificate of occupancy allows 250 people in the building. If there are greater than 250 the fire department can ask the people over the 250 to leave. When the state guidelines had restaurants at 50% percent occupancy, that was a guideline from the state. That is not an enforceable action by Manchester Fire, only the 250 which is on the certificate of occupancy.

On Thursday after the Health Department learned of the location that the still image and video was taken they responded with the following statement: "We will be visiting this establishment today and will outline the nature of the complaint and provide a copy of the applicable guidance (Governor’s Re-opening Task Force-Food Services Industry-https://www.covidguidance.nh.gov/sites/g/files/ehbemt381/files/files/inline-documents/guidance-restaurants.pdf). We will be forwarding this information to both the NH Liquor Commission and the NH AG’s Office.”

A Manchester business owner who attended the business forum said this is just one example of several businesses not complying. "Businesses who comply with the guidelines are financially penalized but those who don’t comply have the opportunity for extra sales from customers.”

Patch will continue to update this article as more information becomes available.