The Dish - November 2019

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Hello Members, I just wanted to thank everyone who attended the 2019 Stars of the Industry event on Monday, No- vember 4th at The Omni Mount Washington Resort to not only honor our award winners, but to cele- brate 100 years of our association! We had over 250 attendees and were thrilled to have Governor Chris Sununu deliver the opening remarks. He spoke to the importance of the hospi- tality industry and encouraged the audience to ad- vocate at the state level for upcoming legislature. Flip to Pages 14-15 to learn more the NH Depart- ment of Health and Human Service’s announcement of statewide training events and webinar for new food rules. I hope everyone is enjoying their November and gearing up for the holiday season! As always, if there are any questions, please do not hesitate to reach out to me directly via e-mail or phone (603) 228-9585. Alexa Soucy [email protected] 3

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By: Sandra Haley CPCU, CIC, CRM, Sr. Vice President Underwriting & Marketing at Hospitality Insurance Group Business owners could receive a damaging legal outcome if an incident were to happen on their premises, and there was no footage to deny claims. Restaurants and bars are especially susceptible to being sued in today’s environ- ment, and Hospitality Insurance Group would like to shine a spotlight on the importance of having surveillance sys- tems installed. “If you don’t have a surveillance system, it is going to be the injured party’s word against yours,” said Sandra Haley, Sr. Vice President of Underwriting and Marketing at Hospitality Insurance Group. “In the event someone comes fourth and sues you, if you have video of the event, it can protect you.” Surveillance systems, Haley says, can be inexpensive and found at nearly every hardware store. She explains that the upfront cost is relatively insignificant compared to an unfavorable settlement that could have been prevented. The placement of cameras should also be considered, Haley added. “Typically, you are going to want to have video if you have a dance floor, bar area, or parking lot, where a lot of incidents can happen,” Haley said. Having the statute of limitations in mind, it is recommended that business owners hold onto footage for three years if they know an incident occurred. For regular business days with no known incidents, Haley says, busi- nesses should hold onto the video for 60, 90, or 120 days. “With a video that shows the incident that occurred, it is an unbiased view of the incident itself, surveillance video is evidence,” Haley said, adding that business owners should also be aware that destroying evidence is against the law. “Destroying it could be far worse than not having it all.” Running a successful restaurant or bar is challenging when you consider all of the legal, insurance, and logistical as- pects that keep a business operational. Working with an insurer that understands your unique business risks can help you acquire an appropriate amount of coverage. For peace of mind that is affordable, speak with your insur- ance agent and ask about coverage through Hospitality Insurance Group. Hospitality Insurance Group 106 Southville Road Southborough, MA 01772 Toll Free: 877-366-1140 6

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By: Nicole Cotton, nhmagazine.com Demers left no stone unturned at Smuttlabs. “We’ve been hard at work perfecting the opening lineup of beers Hampton-based Smuttynose Brewing Company is known for and couldn’t be happier with the result,” says Ireland. its familiar favorites like Finest Kind IPA and Old Brown Dog “Quality, flavor and obsessive innovation are at the heart – the related Smuttlabs is where the experimentation hap- of everything we’re doing here, so definitely expect a few pens, and now it has a home all of its own at Smuttlabs things you’ve never seen or tasted before.” Brewery & Kitchen, an innovative test kitchen and craft brewery located in Dover. Here, they say, “no style is off the table, no ingredient is deemed too outrageous.” Though you can find some of the classics on tap in Dover, For bites between brews, local chef Anthony Ricco has the real treat is the series of rotating Smuttlabs beers you crafted an elevated pub food menu. Many of the beers definitely won’t find anywhere else. are also incorporated into the dishes, like the hand-cut pub fries smothered in duck confit poutine, cheese curds, caramelized onions and a Robust Porter gravy. Like many of the buildings in Dover, this one was once a It was tough to choose, but ultimately I went with chick- mill, and hints of its history remain in the elements of rustic en tenders tossed in a “truffalo” sauce. It called to me décor. The 42-foot-long bar catches the eye initially, but the because combining buffalo sauce and truffle oil seemed 5,000-square-foot space is all eye candy. The open area is ingenious. It did not disappoint. A fair warning though — beautifully decorated with exposed brick, honey colored make sure to have a glass of water next to you because hardwood and metal tabletops that tie it all together. The the after-kick of the sauce left my taste buds on fire. hints of mustard yellow and black painted on the walls and exposed piping are pleasing. The attention to detail is ex- Overall, my experience at Smuttlabs exceeded my expec- ceptional — my beer was even served in a test tube pint tations. As someone who is newer to the beer scene, I glass. thoroughly enjoyed my choice and want to go back to try more of their rotating list. Smuttlabs is a great new brew- The location in Dover is all about experimenting, so I decid- ery for those looking to spend a relaxing night out in Do- ed to do the same. Despite my waitress warning me about ver and experimenting with new flavors. the amount of caffeine, and the fact that it was past my Read the full article here. bedtime (8:30 p.m.), I went with my first instinct, the Coffee Brown brew. The American brown ale was a rich color, and Smuttlabs Brewery & Kitchen had the sweet scent of coffee that instantly put a smile on 47 Washington St., Dover, NH 03820 my face. As for the actual beer itself, I wish I could be more descriptive beyond “delicious” for our beer lovers, but I’m (603) 343-1782 not yet up-to-speed on all the beer terms, so you’ll have to go down to Washington Street and try it yourself. Head brewer Charlie Ireland and assistant brewer Tyson 11

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By: ApprenticeshipNH Great NH Restaurants, the management company behind “We’re excited to launch our apprenticeship program to the restaurants Copper Door, T-BONES, CJ’s, and Cactus give our employees an opportunity to advance their ca- Jack’s, along with Tuckaway Tavern & Butchery in Raymond reer”, said Jen Hiller, assistant executive chef for Tucka- have developed new culinary registered apprenticeship way Tavern, “This apprenticeship is a great opportunity programs in partnership with the ApprenticeshipNH pro- for our employees to develop their technical skill and ex- gram. ApprenticeshipNH is a grant-funded program perience and we’re happy to sponsor them as they work housed at the Community College System of New Hamp- to do so.” shire (CCSNH) which seeks to address workforce needs in industry sectors throughout the state by helping employers Tuckaway Tavern will kick off the program with one in- develop apprenticeship programs that meet federal stand- cumbent employee and will look to hire future apprentic- ards. In launching this program, Great NH Restaurants and es later in 2020. Great NH Restaurants is now accepting Tuckaway will join a minority of New Hampshire restau- applications for restaurant locations throughout the state. rants offering an opportunity for career seekers to earn To learn more and to apply, visit and learn in a registered apprenticeship. www.apprenticeshipnh.com/opportunites or contact Tim “We chose to develop this program as an important way Allen, director of kitchen operations for Great NH Restau- for us not only to invest in our community and give career- rants, at [email protected] seekers an opportunity to advance in the hospitality indus- try,” said Dan Fraser, owner and chief operating officer for Great NH Restaurants, “but also because we saw it as an innovative way for us to respond to our hiring gaps. It’s more important than ever for us to be creative about how we hire and retain employees.” Tuckaway Tavern & Butchery 58 Route 27 The programs consist of over 500 hours of classroom in- Raymond, NH 03077 struction completed over the course of three years at CCSNH member college. All required coursework is credit- bearing, and college credits earned by the apprentices are applied towards a certificate or associate degree offered by the participating colleges. The programs also require just over three years of on-the-job training at a restaurant, which equates to 6,000 hours. As cook apprentices, ap- Great NH Restaurants prentices will learn with the support of a mentor how to 124 Bedford Center Road prepare, serve, and plan a variety of menu items offered. Bedford, NH 03110 (603) 488-2820 14

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By: Kate Fleming, Duprey Hospitality Duprey Hospitality is pleased to welcome Gail Batstone as General Manager for the Concord Courtyard by Marriott and Grappone Conference Center. Previously General Manager at Mill Falls at the Lake, Gail joins the team bringing years of knowledge and experience in the hospitality industry. Batstone’s career in hospitality began 35 years ago when she moved from the Boston area to New Hampshire and took a job as a member of the housekeeping staff of The Margate Resort on Winnipesaukee and then moved on to become the General Manager of the acclaimed Mill Falls at the Lake in Meredith. “After working with Independent Properties for many years, it was time to broaden my horizons and learn the process- es and benefits of a flag/branded hotel. I’ve always been impressed with all Duprey properties and have worked with Pam Bissonnette on many boards so stepping in to their management team was a natural progression. I look forward to growing with Duprey Hotels in the years to come,” says Batstone. The Courtyard Marriott is one of Concord’s most popular and well-traveled hotels, as it’s connected to the Grappone Conference Center. “We are so thrilled to welcome Gail to Duprey Hospitality. Her knowledge and experience in this industry will benefit the hotel great, “says Pam Bissonnette, CEO Duprey Hospitality. Duprey Hospitality is a Concord, New Hampshire-owned and operated, full-service Hotel Management company with management contracts for Marriott, Choice Hotels and Hilton brands. Duprey Hospitality currently manages 5 hotel properties as well as an independent, 16,000 square-foot conference & events center and a premier athletic club. For more information, contact Kate Fleming, Communications and Marketing Director, [email protected]/ 603- 228-2151 ext 327. Duprey Hospitality, LLC 7 Eagle Square Concord, NH 03301 603-228-2151 www.stayconcord.com 18

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By: The Inn On Golden Pond The Inn On Golden Pond, a top rated New Hampshire bed and breakfast, is located at the northern edge of the Lakes Region and in the foothills of the White Mountains. Originally built as a private colonial home it now serves the public as a nine-room country Inn. The Squam Lake bed and breakfast has been expanded and refurbished to provide the lodging experience and modern amenities that today’s traveler expects and deserves. The Squam Lake area, including the neighboring towns of Plym- outh, Meredith, Ashland, Sandwich, New Hampton and Center Harbor, offers a quintessential New Hampshire small- town experience. At the New Hampshire bed and breakfast, the rustic appeal of country living and the convenience of the 21st century meet. The Inn is surrounded by acres of woodland yet is only 3 miles from I-93. Guests may see deer, bear or moose while eating breakfast and within minutes share that experience with friends anywhere in the world using our wireless internet service. Days of hiking in the wilderness or kayaking in secluded coves can be followed by evenings enjoying world class theater or gourmet dining. Or a day of endless business meetings and calls can be followed by a night where the only calls you’ll hear are those of loons and the only thing endless is the number of stars sparkling in our country sky. Weddings, Family Reunions and Corporate retreat packages are now being offered. The Inn On Golden Pond recently hosted a beautiful late October. Here are a few comments from the bride, groom and guests:  \"Thank you guys so much for everything! You were amazing and everyone who stayed at the inn raved about you guys!\"  \"Thank you again, you guys were great and your property is very special!\"  \"Great time at Gary and Liz’s wedding on golden pond NH. 21 hours driving in less than 72 hours but totally worth it.\" Whether you’re trying to leave it all behind or trying to pack it all in, the Inn On Golden Pond is the spot for you. The perfect Lakes Region New Hampshire bed and breakfast – just as you imagined it. Email or call Innkeepers' Kellianne & Darren LaValley to schedule a tour for your next event www.innongoldenpond.com (603)-968-7269. 21

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By: Amie Pariseau, NHLRA What is New Hampshire Hospitality Month? Students of all ages are invited to tour local properties. The goal of New Hampshire Hospitality Month is to generate interest about careers in the industry. What is a day in the life like? What opportunities are available? What paths do they take to get there? Let’s excite this next generation of restaurateurs, chefs, sales directors, and operation manag- ers about this great industry! For industry: For the industry, it’s an opportunity to share your passion for what you do, highlight your property to students, engage them in the possibility of a career in the hospitality industry, and foster talent to help build a future skilled workforce. We know you’re struggling to find quality workers. Our schools are also struggling to fill the seats in the culinary arts, restaurant management, and hospitality programs. We hope the outcome of Hospitality Month is beneficial for both industry and students and you each come away with a positive and encouraging experience. Student Testimonial from Kayleigh, Belmont High School: “Late last spring, I was looking for a summer job and I went to Lake Opechee Inn & Spa to see if they were hiring. I mentioned I toured there during the Belmont High School Hospitality Day field trip and they offered me a job on the spot! This was my first job and I worked all summer! I ended the season feeling great as my co-workers told me I did a good job. It was really helpful to gain this work experience, but also the experience of trying something new. When I went on the field trip I never thought about going into Hospitality, but I am so glad I did because now I am really inter- ested in this career path!” Your commitment: You determine which days your property and staff can be available. You decide if your time with the students will be a tour, a demonstration, or both. You can choose if you want to provide a little snack or not. They do love food! We want this to be an enjoyable experience for both you and the students who come through your door.  From the MENU, choose from Just a Bite, Slice of the Pie, Bon Appetit, or The Whole Enchilada  Restaurant tours are planned for 9:30am-11am.  Hotel, Attractions, and Other tours are planned for 9:30am-11am or 11:30am-1pm.  Tour times can be flexible based on your property within the parameters of the school day and its transportation. To participate: Contact Amie Pariseau | Education and Workforce Development Director [email protected] | 603.228.9585 23

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By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esq., Vrountas, Ayer & Chandler, P.C. In a recent case called State of Texas v. Equal Employment employers to conduct individualized assessments of every Opportunity Commission, et al., the Fifth Circuit Court of person’s criminal record, using a multi-factor screening sys- Appeals held unenforceable Guidance from the Equal Em- tem to ascertain whether a certain individual should or ployment Opportunity Commission (“EEOC”) that limited should not be hired. an employer’s use of criminal records in hiring. On its face, the holding might seem to allow employers more Meanwhile, the State of Texas propounded a strict policy freedom to refuse to hire an applicant because of his or excluding individuals convicted of certain specified catego- her criminal past. But, the case has significant limitations ries of felonies from most public jobs. In 2012, soon after discussed below. Employers therefore are still well- the EEOC issued its Guidance, a person who had been re- advised to tread carefully before asking applicants about jected for a Texas Department of Public Safety job filed a their criminal history and to avoid automatic bans on hir- complaint with the EEOC challenging Texas’ no-felon hiring ing individuals based on an applicant’s criminal convic- policy on the grounds that it had a disparate impact on cer- tions. tain groups in violation of Title VII. Texas responded by suing the EEOC, claiming that the EEOC Guidance was un- Here’s what happened: enforceable. The Fifth Circuit took the case up and agreed with Texas. The EEOC has long been concerned based on hiring data it was seeing, that bans on hiring individuals with criminal According to the Fifth Circuit, the EEOC was not authorized records disproportionately prevent minorities, in particu- to issue its Guidance in the first place because it created lar African Americans and Hispanics, from obtaining em- substantive legal obligations rather than mere procedural ployment. In April 2012, the EEOC issued written Guid- requirements to comply with federal law. The Court fur- ance that essentially purported to outlaw certain practic- ther ruled that the EEOC was barred from enforcing its un- es concerning use of criminal background information. authorized Guidance against Texas or any other employer. More specifically, the EEOC took the position that if an employer’s criminal records screening practice dispropor- tionately impacted individuals of a particular race or other But don’t think that is the end of the story. The Fifth Circuit protected class, the employer would be presumed liable conceded that while the EEOC could not issue “Guidance” for discrimination under Title VII unless the employer to create binding presumptions of unlawful disparate im- could demonstrate the policy or practice was job-related pact upon employers who use automatic criminal hiring for the position sought and consistent with business ne- bans, the EEOC could nevertheless sue to enforce Title VII cessity. The Guidance also banned automatic across-the- board exclusions from employment of a particular class or against an employer for anti-criminal hiring practices and type of crime. In essence, the Guidance required prevail if such a ban was proven to have had a disparate impact on any protected class under the statute. 26

So, where does this leave employers who wish to lawfully There are also Federal laws like the Federal Fair Credit Re- implement criminal conviction screenings in their hiring port Act (“FCRA”) that address what an employer can do in process. Can employers automatically refuse to hire any- terms of asking about applicant’s criminal history. This FCRA one convicted of felonious sexual assault for example so provides for specific procedures that an employer must fol- long as it does not unfairly impact Hispanic applicants? low before obtaining a criminal background check from a Can they ask about an employee’s criminal record with- third-party (like a credit agency) or relying on the report to out any limitation? The short answer is any “automatic” make an adverse employment decision. The point here is policy is generally not a good idea as such could lead to that employers must understand all of these laws, not just substantial liability. Always apply intelligence to any rule Title VII, when deciding if and how to lawfully use criminal you follow. background information in the hiring process. When consid- ering whether and to what extent you will rely on criminal For one thing, the Texas case is only the law in the Fifth histories in making hiring decisions in a way that does not Circuit, at least for now. It was decided in a jurisdiction run afoul of the law, consider these practice tips: that covers Texas, Louisiana, and Mississippi. According- ly, the decision is not binding on New England states. - Avoid automatic hiring bans based solely on an applicant’s Until there is a similar decision by the First or Second Cir- criminal conviction(s). cuit which together cover New Hampshire, Massachu- - Omit from your applications a question about someone’s setts, Maine, Vermont, Connecticut and Rhode Island, criminal history. employers operating in these states should continue to comply with the EEOC Guidance to secure its best chance - Wait until after making a conditional offer of employment of avoiding a Title VII disparate impact claim of this type. to ask about an individual’s criminal background, if at all. - Assess each applicant on an individualized basis to deter- The Fifth Circuit case also only addressed the narrow is- mine whether there is a direct relationship between his/her sue of whether an employer’s use of criminal histories in previous criminal offenses and the specific position sought, hiring violates Title VII. There are other state and Federal and whether there exists an unreasonable risk to the safety statutes that an employer could violate when relying on of property, other employees or the public, in hiring this per- criminal histories to make hiring decisions. son given his/her past criminal convictions. The specific du- ties of the job, the timing of the criminal conviction, the age For example, many states like Massachusetts have “ban of the person when convicted, the number and seriousness the box” laws which prohibit employers from asking ap- of the offenses are just some of the factors that an employer plicants about their criminal histories including arrests or may wish to consider in making this assessment. convictions. Other states like New York, expressly pro- - Uniformly conduct criminal record inquiries, if you decide hibit denying employment based solely an individual’s’ to use them. This means you must make sure you ask all previous conviction(s). New York employers must go prospective employees of the same position about their through an individualized assessment to weigh multiple criminal conviction(s); NEVER selectively ask about convic- specific factors before denying employment because of tion histories of only certain individuals because they “look an individual’s criminal background. like” they may have a criminal record. In 2019, New Hampshire moved closer to passing a “ban - Allow the applicant to explain the circumstances of his/ the box” although it has not yet become law. Neverthe- her conviction(s) and to correct what may be an inaccurate less, current New Hampshire law specifies what an em- criminal record, before deciding whether or not to hire the ployer is allowed ask an applicant. In an application, a individual. New Hampshire employer may only ask “have you ever - Seek help from legal counsel to understand the risk of lia- been arrested for or convicted of a crime that has not be bility and balance these risks against the business interest in annulled by the court?” hiring a person with a criminal past. 27

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October 2019—November 2019 Almost There Sports Burtons Grill Restaurant Davignon Club Ecolab Tavern and Restaurant Group Fratello’s and Great NH Restaurants Inn on Golden Pond Fireside Inn & Suites Homestead Restaurant Lake Sunapee Country Polly’s Pancake Parlor Rockywold-Deephaven Oar House Restaurant Club Strange Brew Tavern Trimark United East White Mountain Hotel & Resort How to Pay your Dues - Pay online by logging into your account at nhlra.com - Call the NHLRA office at 603-228-9585 - Mail a check to 16 Centre Street, Concord, NH 03301 31