a new liquor license and a new look at the death penalty

While the House and Senate decide whether to bring slot machines into New Hampshire to fund the budget, smoke shops in the Granite State have a new card up their sleeves.

new liquor license
 
In 2007, New Hampshire tightened its public smoking ban by adding bars and restaurants to its list of forbidden places to smoke. But if House Bill 392 is signed by Gov. John Lynch, businesses that make at least 60 percent of their quarterly sales from cigars or cigar-related paraphernalia like humidors, cigar cutters, lighters and ashtrays, can start serving their stogies with a swig. The proposed new liquor license has passed both chambers and would take effect in 2010 if signed by Lynch.

Rep. Edward Butler (D-Hart’s Location) co-sponsored HB 392 with Rep. John Hunt (R-Rindge). Butler doesn’t think it challenges existing policy. “There are many cigar bars … in states where smoking is banned in most public accommodations,” he says.

For the record, Butler says he is not a cigar smoker, but he thinks the bill is business-friendly. He’s not sure, however, how many shops will take the state up on its offer. “It’s a narrowly defined bill,” he says.

It’s a license to serve liquor, not to sell it for carry-out.

Online and mail-order sales would not count for the 60 percent threshold, and neither would loose tobacco or cigarettes. Cigarette smoking and food service would not be permitted. “Minors” would also not be allowed in the bars, but exactly what minimum age that entails will be decided if the bill becomes a law. Finally, all job applicants at the establishment would have to receive a health warning about the dangers of second-hand smoke.

“I don’t see where it helps me any,” says Dave Ladisheff, owner of Dave’s Cigar Shop in Dover. “The way they’ve written the whole thing, it looks like they’re the ones making out,” he says. He points to the $840 annual liquor license and imagines purchasing his new stock from state liquor stores.

Ladisheff’s own customers have told him they wouldn’t be likely to buy a drink when they come in. That may make it easier for Ladisheff to keep the business dry. “I worked in night clubs for years,” he says. “Dealing with the public and alcohol is a nightmare.”

Adding insurance costs and the stress of liability, selling booze does not equate to a promising new business model for Dave’s. He does know some colleagues who are looking into expanding their business, however.

Happy Jack’s in Laconia has been in the tobacco business since 1945. Owner S. Peter Karagianis says that his current location is too small to entertain the idea of selling liquor, but he likes the law.

“They’re very gracious to let us operate our business the way we’d like. If you get my gist,” he says. Whether it relates to business or health, Karagianis says, he doesn’t like others thinking they know best.

death penalty study

Gov. Lynch is expected to sign a bill to study the death penalty in New Hampshire. House Bill 520 establishes a 22-person commission to examine capital punishment’s effectiveness in deterring crime, to measure its “decency” and the fairness with which it’s applied, to examine its costs, and to explore alternatives.

All this comes after two capital murder cases were tried in New Hampshire in 2008, resulting in one sentence of life imprisonment and one death sentence—the state’s first in 50 years. Five bills on the matter were considered in the current legislative session. HB 520 is the only one that passed both the House and Senate.

The very similar HB 512 also would have established a study commission, but suspended executions in the meantime. HB 556 would have repealed the death penalty altogether, and HB 557 would have banned the death penalty for cases in which the defendant pleads guilty. Still another, HB 37, provided for death by firing squad for anyone found guilty of killing someone with a gun in the act of a felony. Current practice would be lethal injection.

Rep. Jim Splaine (D-Portsmouth), who sponsored HB 520, says he worked closely with Attorney General Kelly Ayotte to strike the right balance of members on the commission. They include designates from the AG and public defender offices, law enforcement associations and the N.H. Mental Health Council.

A majority of commission members would represent relatives of murder victims and organizations concerned with the death penalty. Thirteen seats are to be appointed from the public by Gov. John Lynch, House Speaker Terie Norelli, and Senate President Sylvia Larsen.

Despite his support for the death penalty, Gov. Lynch has said he welcomes the study. Splaine says he’s hopeful the governor “will sign the bill with the good faith that it has been offered.”

Splaine also invites people “who have broad background on the pros and cons of the current death penalty laws (to) bring their talent and experience to the work of the Commission.” Anyone interested in serving on the commission, he says, is invited to contact Lynch (603-271-2121), Norelli (603-436-2108, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) or Larsen (603-271-2111, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ).  

Front Door Politics is a weekly legislative update for everyone affected by New Hampshire laws. An online learning center, additional reporting, and a blog subscription are available at www.frontdoorpolitics.com.