The Dish - June 2019

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Hello Members, I hope you are all enjoying the start of your summer! Flip to Page 6 for information on safety measures you can take if you have outdoor seating at your estab- lishment. Beginning on Page 12-13, you can learn more about the legalization of marijuana and how it is affecting our industry. The 30th Annual Golf Tournament is coming up just around the corner! Join us for a gorgeous day of golf on September 9th at The Portsmouth Country Club in Greenland, New Hampshire. Event details can be found on Page 5 and by visiting nhlra.com. If you would like to register golfers, purchase a sponsorship, or donate raffle prizes or goody bag items, email me at [email protected]. Alexa Soucy [email protected] 3

Event details including pricing, location, and registration can be found on nhlra.com. 4

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By: MMG Insurance Outdoor seating – it says summer as much as barbe-  Motion-sensitive flood lights set up to be triggered by an- ques and boating and can even boost sales. However, yone entering the space after hours may also help deter if your restaurant offers seasonal outdoor seating dur- suspicious behavior. ing the warmer months there are some safety  Warning signs should be posted and clearly visible if out- measures to keep in mind to make sure it’s a comforta- door seating is located near a road, parking lot or water. ble, secure, and safe experience for everyone. Fencing or other barriers are also useful in ensuring the Evaluate the Layout: safety of customers – especially children.  Any outdoor seating areas should be easy for pa- Peace of Mind: trons and employees to move around. Avoid  Store any non-permanent or movable items such as trash clutter and any trip and fall hazards. cans, table decor, tables and chairs, etc. at the end of the  Make sure steps are clearly marked, handrails are day to prevent theft or damage from weather such as installed where necessary, and fences or guard strong winds. rails are secure and the height is to code.  Consider using non-glass tableware to lower replacement  Umbrellas, canopies, or awnings are helpful in costs and avoid potential injury. shielding customers from too much sun or unex-  Keep an eye on temperatures and the forecast. Close out- pected rain. door seating if temperatures fall outside of safe levels or  Proper lighting should be installed to illuminate dangerous weather is expected. the area after sunset.  Portable heaters can be used to extend the outdoor  Furniture must be in good condition and able with- seating season or in evening hours when the temperature stand outdoor exposures. Some furniture, such as may begin to fall. However, they can be very dangerous. metal, can become very hot when exposed to con- Make sure any heaters are located in a safe spot and staff tinuous sunlight and wood furniture can splinter is fully aware and trained on their use and safety. when not cared for properly.  Whether or not you allow pets in your outdoor seating  Check with a local expert to make sure any trees or areas, make sure employees are aware of and trained on plants located on or near outdoor patios are not the policy. If you do allow dogs/pets, consider having wa- poisonous to people or pets. ter bowls available for them. Security: If you have questions about outdoor seating areas and your  If the area is enclosed, consider installing smart insurance policy, contact your Independent Insurance Agent locks on gates to restrict access to the area outside today. Otherwise, once you have taken the time to review these tips, grab a seat and enjoy all that summer – and sea- of business hours.  Security can be greatly enhanced with video sur- sonal outdoor seating – have to offer! veillance cameras. Mounting visible cameras can mmgins.com | Facebook | Twitter | Linkedin discourage intruders and provide a way to monitor 1-800-343-0533 the space continuously. 6

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By: Richard E. Welch, Jr., President & CEO, Hospitality Insurance Group As the legalization of marijuana sweeps across the Unit- responsible for damages that result from the over-service of ed States, it has the potential to disrupt the restaurant alcohol or the service of alcohol to minors. Dram Shop laws and bar business. Growing cannabis use has the possi- explicitly prohibit serving alcohol to people who are visibly bility to reduce consumption of alcohol, which could intoxicated. While bartenders and servers are trained to spot hurt businesses that serve alcohol. On the opportunity people who are inebriated, identifying someone who is under side, many entrepreneurial restauranteurs are devising the influence of cannabis can be a different challenge. ways to serve cannabis infused foods or beverages in the hope of participating in a new market sector. While All of this poses a liability risk for restaurants and bars be- time will tell how these forces will play out, there is one cause it can be murky to distinguish whether a guest caused change to the business that is being felt presently. Bars an accident or injured someone as a direct result of alcohol or and restaurants are facing an increasing number of pa- a marijuana-laced product consumed at your establishment. trons consuming cannabis before or while drinking al- Currently, there are no national equivalent cannabis laws to cohol, which increases the risk of intoxication related Dram Shop laws, so business owners that serve alcohol may incidents. The rise in consumption of cannabis infused still have to defend lawsuits if their patrons injure people as a edibles could only increase this risk. result of the over-consumption of cannabis. Cannabis consumption in the United States has been Business owners might find it hard to combat this change in around for a long time, but usage is growing as legaliza- culture, but there is hope for businesses willing to remain vigi- tion makes it more socially acceptable. Edible cannabis lant. The most effective way to protect your restaurant or bar has soared in popularity recently, especially among from liability claims is to stay informed of trends and keep young adults, and these products are creating a new your bartenders trained on proper service of alcoholic bever- set of risks. Marijuana-infused edibles take longer for ages. The second is to make sure you are carrying the appro- their effect to be felt and when they do kick-in, users priate liquor liability insurance coverage. Liquor liability insur- could be under the influence of cannabis for several ance protects bars and restaurants when they are accused of hours. Because edibles take effect more slowly, there is overserving alcohol to a patron and that patron goes on to significant potential that a user can take too much be- injure someone. Liquor liability insurance will cover the cost fore they have even felt the effect of the drug. Bartend- of these claims up to the policy limits and the associated de- ers could be surprised to see someone completely so- fense costs. This insurance will also pay for defense costs if ber one minute and clearly under the influence a short lawsuits are presented that are ultimately determined to be time later. Recent studies show that edibles are more related to the consumption of cannabis rather than alcohol. likely to send users to the emergency room than its smoked equivalent. Without the proper coverage, businesses could be hurt finan- cially or even forced to close from a single claim involving can- Establishments that serve alcohol are governed in most nabis. With proper coverage, if it is later determined that liq- states by “Dram Shop” laws, which hold them uor was not the driving factor that led to bodily injury, 12

business owners can rest assured knowing that their insurance provider will pursue legal actions to exonerate them in pending legal cases. Hospitality Insurance Group specializes in providing liquor liability insurance, and our staff can make sure you are ade- quately protected from claims through your liquor liability insurance package. Even if your business is targeted follow- ing an accident linked to cannabis consumption, you can have peace of mind knowing that you are completely covered. Hospitality Insurance Group 106 Southville Road Southborough, MA 01772 Toll Free: 877-366-1140 13

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By: The Common Man Family & The American Red Cross Throughout the month of June, The Common Man Cross office at 2 Maitland Street, Concord, NH 03301 or by call- Family of Restaurants is partnering with the Ameri- ing Shannon at: 603-223-7367. can Red Cross in New Hampshire on a \"Give $10, Get $10\" campaign to help raise funds for a new Blood- The Common Man's Do Good bonus cards will be mailed within mobile. 7-10 days by the American Red Cross of New Hampshire to the address provided on the donation form. Multiple bonus cards For every $10 donated to the Red Cross online, by can be used in one visit. The bonus card has no cash value, no phone or in person at the non-profit's Concord head- change back. Card must be presented and surrendered at time quarters, the Common Man is giving a $10 Do Good of purchase. Cannot be combined with other coupons, offers, or bonus card, good for $10 off your bill at any Common promotions. Not valid for purchase of Common Man gift cards. Man location (excluding the Hooksett Welcome Cen- May not be used to pay for alcohol, tax or gratuity. Cannot be ters and The Flying Monkey in Plymouth). Do Good used to purchase wine at the Company Store. May not be ap- cards will be given in $10 increments, up to 25 bonus plied to previous purchases. Not valid at Common Man Road- cards, for donations up to $250. side at the Hooksett Welcome Center or the Flying Monkey Movie House and Performance Center in Plymouth. Cannot be The Red Cross in New Hampshire relies on its Blood- used towards events/catering. Do Good card expires 12/31/19. mobile to collect nearly 10% of all blood donations. The current vehicle is 15 years old, and is no longer About The Common Man Family of Restaurants adequate to meet demand. As a result, there has Founded in 1971, the Common Man family in New Hampshire is been a 32% drop in collections. made up of 15 restaurants, two Inns, a Spa and Salon, Company Store, The Flying Monkey Movie House and Performance Center \"We know there is a critical blood supply shortage and the new The Barn on the Pemi wedding and event center. here in the Granite State,\" said Erica Murphy, Direc- Common Man locations include Common Man restaurants in tor of Communications and Community Relations for Lincoln, Ashland, Concord, Claremont, Merrimack and Wind- The Common Man. \"The Bloodmobile plays a crucial ham; Common Man Inn & Spa, Foster’s Boiler Room, Italian role in getting out to communities and encouraging Farmhouse, The Barn on the Pemi, and The Flying Monkey in donors to give blood. A new vehicle will help the Red Plymouth; Common Man Inn & Restaurant in Claremont; Lake- Cross build up needed supplies and reach more po- house Grille, Camp, Lago and Town Docks in Meredith; Route tential donors. We hope Granite Staters will join us to 104 Diner in New Hampton; Tilt’n Diner in Tilton; Airport Diner Do Good for the Red Cross in New Hampshire.\" in Manchester; and the Common Man Company Store in Ash- land. For more information about The Common Man, visit thec- Donations to fund a new Bloodmobile as part of the man.com or become a fan on Facebook at www.facebook.com/ \"Give $10, Get $10\" campaign can be made until June thecmannh and find them on Twitter and Instagram 30 online at: https://www.redcross.org/donate/cm/ @thecmannh. thecommonman-pub.html ; in person at the Red 16

About the American Red Cross: The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies more than 40 percent of the nation's blood; teaches skills that save lives; provides international humanitarian aid; and supports mili- tary members and their families. The Red Cross is a not-for-profit organization that depends on volunteers and the gen- erosity of the American public to perform its mission. For more information, please visit www.redcross.org/nhvt Erica Auciello Murphy Director of Communications & Community Relations The Common Man family in New Hampshire (603) 968-9330 [email protected] www.thecman.com Wendy Lapham Chief Communications Officer American Red Cross NH/VT Region 603-540-0788 [email protected] www.redcross.org/nhvt 17

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By: The Red Arrow Diner Spring 2019 has been an exciting time for the Red Arrow Our appearance on JEOPARDY! is a testament to our suc- Diner. When we were contacted by a JEOPARDY! produc- cess, which stems from our almost century-long mission of er who provider the insider scoop that we would be fea- providing consistently delicious, home-style menu items tured as a clue in an upcoming episode of the beloved and a fun, inviting and comfortable atmosphere guests can game show, we humbly and excitedly set our DVRs. always count on. We are honored to continue to welcome local and national politicians, celebrities and television On Tuesday, May 28th, Red Arrow Diner appeared on shows like JEOPARDY! to our diner so they can experience JEOPARDY! as a famous Daily Double clue worth $800 in a the same neighborhood feel as our regulars. category titled Eastern Seaboard. The clue was timely to the upcoming Presidential Primaries: White House hope- Our recent appearance on JEOPARDY!, and all of our na- fuls visit the Red Arrow Diner in this New Hampshire city tional media and press, would not be possible without the that's on the Merrimack River. The contestant, a man hard work of our dedicated team members and the con- named Jim-Bob Williams from St. Albans, West Virginia, tinued love and support of our beloved diners. gave the correct answer of Manchester. View the full clip of Red Arrow Diner’s JEOPARDY! appear- JEOPARDY! and its host Alex Trebek are celebrating their ance on Red Arrow Diner’s official Facebook page: https:// 35th anniversary season. With a weekly audience of 23 www.facebook.com/redarrowdiner/ million viewers, JEOPARDY! is the top-rated quiz show on videos/1046429595545854/. television, and has received numerous awards and hon- ors, including the 2019 Emmy for Outstanding Game 814 Elm Street, Suite 102 Show Host. The show holds the Guinness World Records® Manchester, NH 03101 title for the most Emmy® Awards won by a TV game show 877-973-4637 (35 Emmys); it is also the recipient of a 2011 Peabody www.redarrowdiner.com/ Award. JEOPARDY! is produced by Sony Pictures Televi- sion, a Sony Pictures Entertainment Company; it is distrib- uted domestically by CBS Television Distribution and inter- nationally by CBS Television International, both units of CBS Corp. For more information, please visit Jeop- ardy.com. To say Red Arrow Diner management and staff was excit- ed to be mentioned on the show, especially as a Daily Double clue, is an understatement. We are thrilled the contestant also knew his diners and answered the ques- tion correctly! 21

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By: Bad Lab Beer Company “I didn’t realize how cool Bad Lab is” was a phrase that Sip / Savor / Sustain Evan Eppler, General Manager for Bad Lab Beer Com- Earlier this year, BLBC introduced their new branding - Sip / pany (BLBC), overheard one day while walking through Savor / Sustain - around the three pillars of the company: the restaurant. Set in a strip mall in Somersworth, NH, beer, food, and sustainability and community impact. BLBC has a modern aesthetic with pops of greenery throughout the restaurant space. The Sustain Initiative goes beyond the B Corp transition - BLBC is a cornerstone of the community. In 2018, BLBC donated Keeping Up With Quality over $20,000 to six different local nonprofit organizations and Enormous glass windows offer a peek into the brewery is on track to do even more in 2019. where head brewer Brett Lister and assistant brewer Matt Palmer are churning out inventive takes on stand- Recently, BLBC partnered with the Woodman Museum in Do- ard beer styles, such as the refreshing Guava-Vana, a ver, NH to create Annie’s IPA, an ode to the museum's name- guava mango berliner weisse, that will pair beautifully sake, Annie Woodman. A portion of proceeds from Annie's IPA will go directly to restoration efforts of the museums fully with many of the menu items. The scratch kitchen boasts a menu, carefully curated by head chef Jeremy original Civil War era cannon, carriage, limber and ammuni- Gearty, of classic brewpub items such as burgers and tion box, a rarity amongst museum collections. chicken tenders, with subtle foodie twists such as the In addition to partnering with local nonprofit organizations, sweet and sour pork belly bowl. Fresh, local, and sea- BLBC is hosting live music on Saturdays and Sundays, weekly sonal, the menu changes from time to time and also trivia, and other lively events. With the beer garden now features housemade desserts and a killer Sunday open, there are even more reasons to stop into this neighbor- brunch. hood favorite for a beer and a bite! Bringing on the B Corp The brews and eats are not the only exciting things Facebook: @BadLabBeer happening at BLBC. About a year ago, the company Instagram: @BadLabBeer made the decision to transition to becoming a B Corp Monthly newsletter industry insiders: and has been steadily making progress towards that http://eepurl.com/go3Nhz goal ever since. Currently, the team is working on the B Corp assessment and beginning to implement small changes to achieve new levels of sustainability and community impact. Recently, upgrades to the building have led to reduced energy and water usage, with plans in the works to go even farther. 24

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By Christopher T. Vrountas, Esq. and Allison C. Ayer Esq., Vrountas, Ayer & Chandler, P.C. Title VII’s requirement that an employee must file a charge of discrimination with the Equal Employment Opportunity Commission before he or she may file a lawsuit in court is a “claims processing” rule and not a “jurisdictional” rule says the Supreme Court of the United States. In a case called Fort Bend County Texas v. Davis, the Court explained that while the rule requiring the employee to file first with the EEOC is mandatory, the failure to make such an initial filing before suing in court will not prohibit the employee from pursuing his or her case if the defendant fails to raise an ob- jection about that failure in a timely manner. Here is what happened. Lois Davis was an IT employee in Fort Bend County, Texas. In 2010, she informed the human resources department that the director of IT, a man named Charles Cook, was sexually harassing her. Cook resigned. But according to Davis’s allegations, her supervisor, Kenneth Ford, who was an acquaintance of Cook, retaliated against Davis for reporting the sexual harassment by cutting her work duties. Title VII requires employees to first file an administrative action alleging employment discrimination in the EEOC (or a state agency with a work-sharing agreement with the EEOC) as a precondition to filing a Title VII civil action in Court. Consistent with this requirement, Davis filed a charge of discrimination with the EEOC in March 2011 alleging sexual harassment and retaliation. But while the EEOC charge was pending, Davis experienced additional work issues which supported a religious discrimi- nation claim. Davis was told to report to work on an upcoming Sunday. She told her supervisor, Kenneth Ford, that she could not do so because of a commitment at church, and she offered to arrange for another employee to cover the shift. Ford told Davis that if she did not show up for the Sunday shift, she would be fired. Davis did not report to work, attending her church event instead, and she was fired. After her termination, Davis filled out an EEOC intake questionnaire where she handwrote the word “religion” in the “Employment Harms or Actions” section, and she also checked the boxes for “discharge” and “reasonable accommoda- tion” on that form. But Davis never filed a new Charge of Discrimination amended the original formal charge to explic- itly add a religious discrimination claim. In January 2012, Davis filed a civil action in Texas Federal court after she received a notice of right to sue from the EEOC. The civil action alleged, among other things, a claim for religious discrimination. Importantly, Fort Bend, Davis’s employer, failed to object to the religious discrimination claim until years later. In 2016, the employer asserted for the first time that the court lacked jurisdiction to decide Davis’s religious discrimination claim because she had not stated such a claim in the actual charge of discrimination filed at the EEOC. 28

If the EEOC filing requirement were a jurisdictional rule, then a challenge for failing to comply could be raised at any time by the defendant. A court could even raise the issue on its own at any time. This is because matters of jurisdiction go to the fundamental question about whether a court has power to hear or make a ruling on the case at issue. This is why a jurisdictional issue cannot be waived. By contrast, a mere “claim-processing rule” only requires parties to take certain procedural steps at certain specified times. While these steps may be mandatory, an objection for failing to comply with such a rule or to take such required steps may be waived, or forfeited, if the defending party waits too long to raise an objection. SCOTUS has now removed any ambiguity on the matter. In this case, it decided that the EEOC filing requirement is a mandatory claims-processing rule, not a jurisdictional one. As such, the employer in this case waived the right to object on the grounds that Davis failed to file the religious discrimination claim by waiting too long to raise the issue. Davis’s religious discrimination claim therefore was allowed to proceed notwithstanding Davis’s failure to formally include the theory in her charge. Given this decision, employers must carefully review any civil action alleging employment discrimination to evaluate whether it asserts any claim not brought in the EEOC or comparable state agency. If it does, employers must somehow raise the objection at the first opportunity or risk losing the defense in the litigation. 250 Commercial St Suite 4004, Manchester, NH 03101 (603) 782-8444 29

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By: The Common Man Family The Winnipesaukee Wine festival returns to Meredith The Common Man Ashland, Lakehouse Grille, Camp, Town for its 14th year, featuring samples of more than 100 Docks, Lago and Ben & Jerry’s of Meredith, and La Boca of wines, beers and spirits from around the world to bene- Wolfeboro will provide hors d’oeuvres and sweets to ac- fit survivors of domestic violence through the New company the wines. Guests will enjoy a bluegrass band, Hampshire Campaign for Legal Services (NHCLS). and a live auction will feature an overnight stay at Church A partnership between The Common Man Family of Res- Landing in Meredith, a getaway to an Adirondack-style cab- taurants and Martignetti Companies of Northern New in, and a concert and stay package from The Flying Monkey England, the festival takes place on Thursday, June 27 and The Common Man Inn & Spa in Plymouth. Raffle prizes from 5:30 – 8:00 p.m. in the Winnipesaukee Ballroom at and various silent auction items presented by NHCLS will Church Landing in Meredith. The event is sponsored by also be up for bid. Donahue, Tucker & Ciandella, PLLC, with promotional Mill Falls at the Lake offers special festival overnight rates support from Minuteman Press in Plymouth. for standard rooms. They are $149 for Mill Falls, Bay Point Featuring wine, craft beer and spirits from local, national and Chase House are $189, and $219 for Church Landing. and international producers, the event offers a VIP room There is a $50 upgrade fee for Jacuzzi rooms. Cottages and in the Carriage House at Church Landing with exclusive Lodges are discounted at 15% off. Book online at mill- wines and a commemorative glass. Tickets to the VIP falls.com or call 1-800-622-6455 and mention you’re room are $125, which also includes access to the Grand attending the Winnipesaukee Wine Festival. Room availa- Tasting. Tickets to the Grand Tasting are $75 in advance bility is limited and will be granted on a first come, first and $85 at the door, while supplies last. Purchase tickets served basis. online at www.nh-cls.org, at Lakehouse Restaurant in Since 2000, NHCLS has brought together New Hampshire’s Meredith, or by calling (603) 968-9330. Space is limited business, legal and philanthropic communities to support and advanced tickets are suggested. civil legal aid provided by the Legal Advice & Referral Cen- Participating in the 14th Annual Winnipesaukee Wine ter and New Hampshire Legal Assistance. A crucial compo- Festival are WJ Deutsch & Sons Ltd, Tito’s Handmade nent of this civil legal aid work is the Domestic Violence Vodka, Treasury Wine Estates, J Lohr Winery, Palm Bay Advocacy Project (DVAP), whose advocates provide crucial International, William Grant & Sons, Vintage Point, Vine- and free legal help from the moment a domestic violence yard Brands, Trinchero Family Estates, Michael David survivor takes the first step to leave an abuser. Advocates Winery, Bogle Vineyards, Vision Wine & Spirits, Remy assist with applications for protective orders and give legal Cointreau USA, St. Supery Winery, Hess Collection, Cay- advice, helping victims achieve an almost 80% success rate mus Vineyards, Duckhorn Vineyards, Santa Margherita in having those orders granted. This essential first step USA, Amoskeag Beverages and Cisco Brewery, among builds the confidence of survivors, and helps them start others. Triple Eight Distillery will serve custom martinis their new lives in safety. Visit nh-cls.orgfor more infor- down a luge ice sculpture created by Jeff Day of Rum- mation. ney. 32

Founded in 1971, the Common Man family in New Hampshire is made up of 15 restaurants, two Inns, a Spa and Salon, Company Store, The Flying Monkey Movie House and Performance Center and The Barn on the Pemi wedding and event center. Locations include Common Man-named restaurants in Lincoln, Ashland, Concord, Claremont, Merri- mack and Windham; Common Man Inn & Spa, Foster’s Boiler Room, Italian Farmhouse, The Barn on the Pemi and The Flying Monkey in Plymouth; Common Man Inn & Restaurant in Claremont; Lakehouse Grille, Camp, Lago and Town Docks in Meredith; Route 104 Diner in New Hampton; Tilt’n Diner in Tilton; Airport Diner in Manchester; the Co. Store in Ashland, and The Common Man Roadside at the Hooksett Welcome Centers. For more information about The Common Man, visit thecman.com, become a fan on Facebook at www.facebook.com/thecmannh and find them on Twitter and Instagram @thecmannh. The Common Man family in New Hampshire (603) 968-9330 www.thecman.com 33

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May 2019—June 2019 Alpine Adventures Beefside Restaurant Best Western White Blue Moon Evolution Mountain Inn Chuckster’s Hooksett Derryfield Restaurant Granite Financial Printers Hospitality Mutual LLC Insurance Company Ice House Lou’s Restaurant & Oceanfront Gaming Inc. Omni Mount Washington Bakery Resort Pease Golf Couse— Polish American Club Sheehan Phinney Bass & Sheraton Harborside Grill 28 Green Portsmouth Hotel Shooters Tavern, LLC Silver Fountain Inn Snowvillage Inn Stark Brewing Company Tall Timber Lodge & Wentworth Hotel of Whale’s Tale Water Park Rainbow Grille Jackson - Pay online by logging into your account at nhlra.com How to Pay Your Dues - Call the NHLRA office at 603-228-9585 - Mail a check to 16 Centre Street, Concord, NH 03301 41

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