Confusion Brews Over Liquor License Hours in Casino Bill

Two representatives from the New Hampshire Liquor Commission gave testimony Tuesday before the House casino subcommittee on community impact, with liquor license hours for a gambling facility being the central topic of debate.

James Wilson, director of enforcement and licensing for the Liquor Commission, said that his organization assumes that the expanded gambling bill as proposed would allow for alcohol sales from 6 a.m. to 1 a.m. at a casino.

According to Wilson, those hours are in line with current state liquor laws.

But Rep. Patricia Lovejoy (D-Stratham), the panel's chairwoman, said that the bill places no restriction on hours of operation, and in fact the word "hour" is listed only once in the bill and has nothing to do with when alcohol can be sold.

"I think the whole committee believes that this is very clearly the intent that you would be issuing a special license that is going to allow (liquor sales) any time that gaming is conducted," said Lovejoy.

Liquor Commission Director of Administration Craig Bulkley suggested that perhaps Senate Bill 152 needs to be adjusted to make the intent clear.

Rep. David Huot (D-Laconia) noted the "special permit" language located in SB 152, also adding that he has never been to a casino where gambling doesn't occur 24 hours a day. The text in the bill reads as follows:

The commission may issue a special license to a person holding a gaming license under the provisions of RSA 284-B, provided the gaming location has an existing liquor license. Such special license shall allow the sale of liquor and beverage within the gaming location, including dining room, function room, gaming room, lounge, or any other area designated by the commission, without regard to whether meals are served therein, but only during the time gaming is being conducted under RSA 284-B.

Wilson said that with the exception of Vermont, which doesn't have expanded gambling on the books, neighboring states all have hourly restrictions on alcohol service at gambling venues.

Lovejoy referenced previous testimony from charitable gaming representatives in Hampton, who indicated that $75,000 worth of food must be sold at the venue each year in order to keep the liquor license.

She said that in the situation of a regulated casino in the state, the venue would have a 5,000-square-foot area carved out for charitable gaming, but that it wouldn't face the same food sale requirements. She likened it to a competitive advantage, while Wilson said there are differences in a venue that is exclusive to charitable gaming and a larger casino that has a charitable gaming section.

He added that there is also a distinction in the state for cocktail lounge licenses, which are usually associated with restaurants. Those venues typically are allowed to shut the kitchen down and just serve alcohol after 10 p.m.

Another example given by Wilson was racetracks in the state, where alcohol can be served without the benefit of meals.

As for age restrictions, Bulkley said it "ultimately falls to the establishment" to not serve underage patrons.

In New Hampshire, 18-year-old visitors are allowed within charitable gaming locations and are allowed to play. Anyone younger must have a parent or legal guardian to accompany them in the venue.

The N.H. Liquor Commission oversees 4,500 licenses along with 77 stores. Bulkley said that additional personnel would be needed for a venue this size, but that he is not sure how many people at this time.

The community impact subcommittee will meet again Wednesday at 1 p.m., or when the House session ends.

The full joint committee of House Ways & Means and Finance, which has been split into three subcommittees, will convene Thursday for a work session at 1 p.m.