Important Announcement
PubHTML5 Scheduled Server Maintenance on (GMT) Sunday, June 26th, 2:00 am - 8:00 am.
PubHTML5 site will be inoperative during the times indicated!

Home Explore The Dish - December 2019

The Dish - December 2019

Published by tsalvato, 2019-12-17 10:02:08

Description: Featuring the latest NHLRA member news, events, compliance related articles, and innovative products and services available.

Search

Read the Text Version

2

Hello Members, The last 2019 edition of The Dish is here and packed with great content for some reading over the holi- days! Flip to Pages 6 to learn how you can better prepare for alcohol-related incidents by having a Service of Alcohol policy in place for your business. On Pages 28-29 you can find information about the challenges that can arise with winter weather and what you need to consider and prepare for regard- ing your employees’ safety, potential company lia- bilities, attendance and pay-related issues. I hope everyone is enjoying their holiday season and from everyone here at the NHLRA, we wish you a happy holiday and a joyous New Year! The NHLRA office will be closed on the following dates to spend time with our families: Tuesday, December 24 Wednesday, December 25 Tuesday, December 31 Wednesday, January 1 Alexa Soucy [email protected] 3

4

5

By: Hospitality Insurance Group Learning that an intoxicated patron was involved in a car occurred at the establishment and premiums are deter- accident can be one of the most uneasy feelings a restau- mined by the establishment’s experience,” Haley said. rant or bar owner could experience. Now that we are closer to the holidays, Hospitality Insurance Group urges business Business owners that would like more guidance on cre- owners to have a Service of Alcohol policy in place to help ating their own Service of Alcohol policy should speak prevent alcohol-related incidents. with their insurance agent. To make sure you are pro- tecting your business from every threat this season, ask Sandra Haley, Sr. Vice President of Underwriting and Mar- your insurance agent about a policy from Hospitality In- keting, explained that insurers understand that guests surance Group. could get disorderly and suggests that having an alcohol serving policy in place can help diffuse some situations. “Staff can avoid confrontations with patrons about over- serving them if you have an alcohol serving policy posted in your establishment,” she said. “Not only does it support your employees, it also lets patrons know that you are watching them.” The policy should also provide procedures on how to deal Hospitality Insurance Group with people who have had too much to drink, Haley ex- 106 Southville Road plained. It is important for business owners and bartenders to understand that following the policy is instrumental in Southborough, MA 01772 preventing incidents that could lead to bodily injury, prop- erty damage, or death. Toll Free: 877-366-1140 “The cost of overserving someone goes far beyond the ex- tra dollars you’re going to collect,” Haley said, adding, “it is never worth the risk.” Establishments, she says, could also face fines from the Al- cohol Commission, risk losing their license, and damage their reputation because of overserving. Another cost to consider is the increase in the business owner’s insurance premium. “Insurance companies look at claims that 6

7

8

9

10

By: Deb Anthony, GATHER NH Cornerstone Artisan Pizza & Craft Beer is partnering with much needed funds from November 1 – December 10 GATHER, Red Post Reality, & Smuttynose to raise much need- on behalf of GATHER. This “Big Gathering” is an amazing ed funds to provide 20,000 meals for people in need. This opportunity for patrons or Cornerstone to help support fundraising effort will run from November 1, 2019 - Decem- the fight against Hunger in our own community. ber 10, 2019. Cornerstone is donating $1 for every Smuttynose beer sold. Guests will also be able to add any For 200 years, GATHER has been serving Seacoast resi- donation amount to their final check. On Thursday November dents facing hunger. The agency was founded in 1816 21st at 6pm Cornerstone will host a special event for GATHER by a small group of women committed to feeding the to raise funds and awareness about Hunger in our community families of fishermen. and how our neighbors can help. GATHER serves those in our community experiencing Cornerstone specializes in artisan pizza and craft beer and is hunger including house bound seniors, adults with disa- centrally located in the heart of Portsmouth’s West End. Cor- bilities, children and people in need due to health is- nerstone's mission is to build community through food & sues. By providing food through innovative mobile dis- beer. Patrick Patterson stated “It's important to support the tribution programs and our Pantry Market we are able community that supports us. Being in the food industry to offer nutritious food and recipes for healthy living. GATHER made perfect sense for us. Cornerstone opened in We collaborate with community partners to address the the Frank Jones Brewyard located at 110 Brewery Lane in root causes of hunger throughout the Greater Seacoast June of 2018 and has become a community gathering spot!”. and Southern Maine. Red Post Realty is one of the newest real estate brokerages in GATHER’s Mission is to make the Greater Seacoast a the Seacoast of NH. Serving NH, Maine and Massachusetts. hunger-free community. To do this we distribute nour- According to Todd Hudson, founder and CEO “We set out ishing food to people who do not have enough to eat; with a simple mission: To provide buyers and sellers with a take a leadership role in building an equitable and sus- more streamlined, efficient, productive, and thrilling real es- tainable regional food system; and, galvanize public tate experience simply by leveraging the power of modern support for ending hunger. technology.” Red Post is donating $100 for every house sold during this time period. In addition, Red Post & Cornerstone is collecting non-perishable foods throughout this time peri- od. GATHER (formerly named “Seacoast Food Pantry”) is excited Deb Anthony, Executive Director to partner with Cornerstone Pizza for a community aware- [email protected] ness and fundraising event at their amazing location in Ports- mouth’s West End. Cornerstone Pizza will be actively raising Patti Gormley, Development Director [email protected] 11

12

13

By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esq., Vrountas, Ayer & Chandler, P.C. When the Supreme Court last month denied Domino’s peti- technology should not be filled by the judiciary but by tion to review the Ninth Circuit’s decision that allowed a the legislature which can readily act to implement policy website accessibility case to proceed against the pizza chain, in response to changing times. it continued a split among the circuits. While all courts agree that Title III imposes accessibility obligations to websites Domino’s argument failed. Not only do all the circuits connected to “brick and mortar” businesses, circuits have see the ADA governing websites at least to some extent, divided over whether Title III extends to companies that do the Department of Justice also “has repeatedly affirmed business only “online”. That divide remains. the application of [T]itle III to Web sites of public accom- The Ninth Circuit held that Title III refers to “places of public modations.” Really, how is the website any different accommodation” and therefore only websites that have a from a front door if it similarly serves as the gateway to “nexus” to a physical, public accommodation must comply the products and services of a place of public accommo- with the accessibility requirement of the statute. Under this dation? Neither the Ninth Circuit nor the Supreme Court approach, a public accommodation must make its website was willing to go there. At least not yet. accessible to the disabled (typically, the visually impaired) to the extent such accessibility would be necessary to provide Next, Domino’s argued that the language of Title III on equal access to the goods or services of the physical place of its own is too vague to be followed or enforced and, as public accommodation for those with disabilities. For now, such, needs implementing regulations to establish a spe- that decision stands and the split amongst the circuits as to cific standard propounded by the Department of Justice which approach to follow remains. in order to give notice of what technically must be done to comply with the law. Domino’s argued that because While interesting, it would seem that resolving this split the Department of Justice had failed to adopt specific would not have helped Domino’s cause in any event, as its technical guidelines as to how to do comply, there exists website was indeed found to have had a “nexus” to the ser- a continuing failure of notice that would amount to a vices provided by a place of public accommodation. Rather, denial of due process for those subject to the law. it appears Domino’s highlighted the split as a reason to ar- gue that perhaps the entire idea of applying Title III to web- This also was not an unfair argument. In an area of sites at all should be reconsidered. Indeed, the Washington technical complexity and multiple potential methods to Legal Foundation argued in its amicus brief that essentially resolve an issue, it would seem fair to expect a specific all the circuits are wrong and that the Americans With Disa- standard to allow businesses to know what it must do to bilities Act of 1990 simply did not cover or even anticipate comply with the law and avoid substantial liability. In- websites as it was enacted before the Internet. This is not an deed, a rule without enough specificity sufficient for entirely unfair argument, as Title III is clearly focused on someone to conform one’s behavior to it would seem to physical barriers that must be removed for the disabled, and be the very antithesis of law. gaps in statutory law that might arise from changing 14

Notably, in the absence of a regulatory standard, many includ- So, there we have it. The Ninth Circuit’s opinion ing the Department of Transportation have referred to private stands, the circuits remain split as to what websites industry standards to guide their compliance efforts. The most must comply and the specific standard for compliance notable of these is what is known as WCAG 2.0. The DOT re- is unknown. Do not expect the DOJ to act soon, as its quires airline websites to adopt these standards and the DOJ delay has served to delay extensive standards sug- has imposed these standards on other private entities as part gested by the predecessor administration. Rather, of some of the consent decrees it has entered. WCAG 2.0 does expect further, opportunistic litigation. Meanwhile, not have the force of law, however, although it does serve as watch your website, as it could lead to liability. at least evidence of an industry standard for compliance. In the end, the Ninth Circuit disagreed with Domino’s undue 250 Commercial Street, Suite 4004 vagueness argument. In short, the Ninth Circuit held that Title Manchester, NH 03101 III’s provisions are clear enough to be followed and enforced (603) 782-8444 notwithstanding the DOJ’s failure to adopt specific technical www.vaclegal.com guidelines as to how to do so. From the court’s perspective, Title III’s command to require accessibility so that the disabled may enjoy equal access to the products and services of places of public accommodation provides sufficient notice of the goal that must be achieved. As the court explained, since the goal is clear, “it is of no matter that the ADA and the DOJ fail to de- scribe exactly how any given website must be made accessible to people with visual impairments . . . This flexibility is a fea- ture, not a bug, and certainly not a violation of due process.” The Supreme Court did not take the bait. By rejecting Dom- ino’s petition, the Ninth Circuit’s decision remains law, at least in the Ninth Circuit. Indeed, courts have been dealing with this sort of ambiguity for centuries in negligence cases brought in tort. What would the reasonable and prudent person do in any given situation? Ask a jury. The same can be said for whether a website as de- signed adequately allows the disabled equal access to the products and services of the place of public accommodation. Does the website do the job? Ask a jury. Finally, Domino’s argued under the “primary jurisdiction doc- trine” that even if there is no undue vagueness the court should nevertheless stay its hand until the DOJ eventually is- sues its regulations, as the DOJ has said it would eventually do over several years. Briefly, the Ninth Circuit was not convinced the DOJ was any better qualified to resolve accessibility issues than the courts and it was unwilling to force the plaintiff to wait for a remedy while the DOJ continued to delay action on propounding regulations. 15

16

17

By: The Inn at Pleasant Lake I think we can all relate to the time of the year where the the community to come together. Christmas Trees will scent of balsam lingers in the crisp winter air. The realistic be decorated by local businesses and displayed at our Santa Claus stand-ins ringing in our ears, with every good historic venue. Visitors are welcome to view The Gal- intention. There’s almost an electricity pulsing throughout lery, make a donation to the Food Bank, and vote on the world at the end of the season. It’s something that con- whichever Christmas tree they enjoy the most. All do- nects us. nations will be made to the New Hampshire Food Bank in the name of the business with the winning tree. The Remembering Cherished Holiday Traditions Inn at Pleasant Lake works with the New Hampshire Food Bank because we believe in their mission and One of our favorite New Hampshire Christmas events is the their methods in supporting the community we so time that family gathers together to pick out the Christmas cherish. There are lots of ideas for making the world a Tree. The combination of family coming together, the time better place. Ours starts at home, in our community, we spend outside, and the inevitable argument between building our spirit together and helping to fight hunger. parents is something to look forward to every year. Strolling through the greens with snowflakes thawing on our cheeks, Inn at Pleasant Lake we all finally come to accept that whatever tree mom 853 Pleasant Street chooses, is the tree we’re getting. The second best part of New London, NH 03257 this tree escapade is the sparkling, shiny part, the decora- tion of Mom’s tree. Boxes and boxes of old and new orna- (603) 873-4833 ments appear from the attic, where father stored them the year before. Each piece of tinsel and glass decoration lays on the branches but in the most deliberate way. These memories inspired the new concept for The Gallery of Trees at the Inn at Pleasant Lake and a New Year’s Eve Ga- la at Oak & Grain. During the most charitable time of the year, we decided to pair up with the New Hampshire Food Bank and multiple local businesses to give back. Inspired by our memories, we came up with a warm idea which incor- porates the most iconic image of the season. The Gallery of Trees Join us from December 26th to December 31st to enjoy The Third Annual Gallery of Trees, a fresh concept which invites 18

19

20

By: Patrick’s Pub & Eatery Patrick’s Pub Mania fundraising event for the Greater Outstanding Participation and Feeding Families Award. Lakes Region Children’s Auction brought in their 11th rec- Team captains will enjoy a banquet at Patrick’s on Decem- ord-setting fundraising effort on Saturday, lifting the Chil- ber 16th where they will celebrate their accomplishments. dren’s Auction to their largest total in 38 years - $600,032. Billed as ‘The World’s Greatest Barstool Challenge, Pub For more information, visit www.patrickspub.com or Mania brought in $355,453 this year, bringing their 11- www.childrensauction.com. year run to over $2.3 Million. “The success of Pub Mania is due to the tremendous spirit of generosity that this community brings forth for the Chil- dren’s Auction and making a difference for the kids in our community” said Allan Beetle, co-owner of Patrick’s and Pub Mania organizer. “Pub Mania is a fun and exciting way for people to be part of that.” Last year, the Children’s Auction distributed approximately Patrick’s Pub & Eatery $500,000 to 50 organizations focusing on food, clothing, 18 Weirs Road shelter and programs to improve the lives of children and families. “The need is even greater this year”, says Beetle, Gilford, NH 03249 “so we’re very pleased the numbers are up”. (603) 293-0841 The Children’s Auction was founded 38 years ago when Greater Lakes Region Children’s Auction Warren Bailey raised $2,100 from his van while broad- 383 South Main Street casting with WLNH radio. “Because of all of the generous Laconia NH 03246 efforts of these volunteers and the success of the Chil- 603 - 527 - 0999 dren’s Auction, over 50 non-profits will be served, those organizations who do the heavy lifting, and they will be able to help make some dreams come true for children and families in need” said Bailey. With 31 teams and 24 people per team, the Pub Mania event has 744 participants. Each participant raises funds for their respective team, with teams enjoying a healthy competition for three coveted awards: Top Dollar, 21

By: Woodstock Inn Station & Brewery Spent grain is a normal by-product of producing beer and – Knock back to original size. constitutes a large portion of waste created by brewer- – Make into 2 loaves, put on a sheet pan lined with parch- ies. As a leader in sustainability in the beer industry, instead ment paper that is sprinkled with corn of disposing of it, Woodstock Inn Brewery is committed to meal. Brush loaves with egg wash and sprinkle with spent reusing ALL of it. “100% of the spent grain gets re-used. Our grain and let rise. Cook at 325 for about 45 minutes. in-house baker takes 5-10 gallons worth every week, some goes to Beveridge Craft Beer & Soap Company to make our Need spent grain? If you live nearby and/or are coming to beer soap & lotion and a local farmer drops a trailer off each visit soon email the brewery to make sure it’s easily avail- week that we fill up with the rest,” said brewers Jacob Paine able for you. Or you can most likely get some from your and Adam Burks. local brewery. Here’s where the spent grain beer bread recipe comes in… Dont have time to make it? We sell our bread in loaves at the brewery. $6/loaf (a 2ft loaf) or small round loaves for Ingredients $3. We suggest emailing us so we can have it ready for – 3/4 cup warm water you. Pick it up, get baking and let Woodstock Inn Brewery – 2 TBSP yeast know how it turned out. – 1/4 cup butter – 3/4 cup milk – 1 cup apple juice – 1/4 cup molasses – 2 oz. sugar – 1 TBSP salt – 1 1/2 cups spent grain – 1 cup wheat flour – White flour: 4-5 cups white flour – 1 egg for egg wash Instructions Woodstock Inn Station & Brewery – Put warm water in mixing bowl, sprinkle with yeast and let 135 Main Street dissolve. – In sauce pan melt butter with milk. After butter is melted in North Woodstock, NH 03262 the hot milk remove from stove and (800) 321-3985 add apple juice, molasses, salt and sugar. (603) 745-3951 – By now, the yeast has started to work, so add butter and milk mixture. – Add spent grain and wheat flour. Start to mix and add white flour gradually until dough is workable and does not stick to your hands. Knead dough for several minutes, then let rise to double its size. 22

23

24

25

26

By: The Friendly Toast The Friendly Toast in Portsmouth, New Hampshire is celebrating snowstorms all winter long with a special mimosa offer, ‘When It Snows, It Flows’! Now through the end of winter, any day that school is canceled in Portsmouth due to weather, all of The Toast’s signature mimosas are just $3 dollars! (excludes the mimosa flight). Guests can sip on the Market Square with orange liqueur, orange juice and bubbles, the Kendall Square served with elderflower liqueur, grapefruit and bubbles, a Blueberry Pie Mimosa, mixed with Van Gogh vanilla vodka, blueberry puree, lemonade and bubbles, and Puttin’ on the Spritz, house-infused rosemary vodka, Aperol, blood orange puree, honey and bubbles. The Friendly Toast is located at 113 Congress Street. For more information and full menu details visit www.thefriendlytoast.com. The Friendly Toast 113 Congress Street Portsmouth, NH 03801 (603) 430-2154 27

By: Clark Mortenson Insurance Winter weather can bring about a host of unique challenges • Know and understand symptoms of cold-related ill- for you and your employees. You need to consider your em- nesses and injuries. ployees’ safety, potential company liabilities, attendance and • Stretch before physical work to prevent muscle pulls pay-related issues. It’s important to be prepared for all scenar- and injuries. ios associated with inclement weather before it arrives and to make sure employees are properly informed of all relevant  Wear Protective clothing. policies and procedures. Driving Company Vehicles Employee Safety is a Priority Another concern regarding winter weather is employ- Your biggest concern should be the safety of your employees. ees who drive a company car or vehicle as part of their This is especially important for any job in which employees workday. Driving in severe weather can be extremely work outside or are exposed to the elements throughout the dangerous, so it is important to take precautions. All day. vehicles should be given a safety check by a mechanic before the bad weather hits, and they should also be Employee Preparation equipped with emergency materials such as a snow scraper, blanket, first aid kit and flashlight. Winter weather can cause unusual conditions and higher risks, In order to protect your company against liability, any so it is important to train employees on safety procedures. employees who may drive in bad weather on company They should understand the dangers of exposed skin, insuffi- time, regardless of whether they drive a company- cient protective wear and cold/wet/slippery equipment. Em- owned or personal vehicle, should be trained in safe, ployees also should be trained to recognize and treat cold- cautious driving techniques and what to do in case of weather illnesses and injuries. an accident. All of these cold and inclement weather Staying Safe Outside provisions should be included in your safety plan and discussed before and during the onset of such weath- There are several precautions that employees should take er. while working in cold or dangerous weather: Pay-related Issues • Take breaks to get warm. Pay issues arise when weather forces your business to • Drink plenty of liquids but avoid caffeine and alcohol. close for any length of time or prevents employees from making it to work even if your business remains • Avoid smoking, which constricts blood flow to skin. open. • Be aware of any cold weather-related side effects that their For non-exempt (typically hourly) employees, you are medication may have. only required to pay them for the hours they actually 28

work. Thus, if your business opens late, closes early, closes for an entire day or if they cannot come in, you are not required to pay them for any time missed. Exempt (typically salaried) employees are a different situa- tion. If an exempt employee works any part of the day, you must pay them for a full day. Similarly, if the business is closed for the day, you must also pay them (unless the business is closed for a week or more). You may, however, require that they use available paid time off or vacation time, if available. If your business remains open but an ex- empt employee cannot come in due to weather, this is a personal reason and you do not need to pay them. It is important that you and your employees are prepared before bad weather hits so you can minimize the negative impact on your employees and your company. Prepare Yourself and Your Employees Employees should be informed of your company policies related to inclement weather—safety, attendance and pay- related. You should have an established communication method to inform your employees of a business closing or delay. When bad weather is coming, address all your poli- cies again, remind employees of communication channels to address attendance and plan for the worst potential outcome to ensure your company is prepared for the weather. Clark Mortenson Insurance 102 Main Street PO Box 606 Keene, NH 03431 (603) 352-2121 29

30

31

32

November 2019 - December 2019 Baker Commodities Blue Moon Clark’s Trading Post Coppertoppe Inn & Evolution Retreat Center Flag Hill Winery, Giuseppe’s Henniker House Bed & Meredith Inn B&B Distillery, Catering Showtime Pizzeria Breakfast & Events Mountain Edge MT’s Local Kitchen & The New Woodshed Pleasant View Bed & Resort & Spa Wine Bar Breakfast Puritan Backroom Story Land White Mountains Woodstock Inn Station Attractions & Brewery How to Pay your - Pay online by logging into your account at nhlra.com Dues - Call the NHLRA office at 603-228-9585 - Mail a check to 16 Centre Street, Concord, NH 03301 33


Like this book? You can publish your book online for free in a few minutes!
Create your own flipbook