5 days ago
Concord City Council to hold public hearing on possible social district
Concord city councilors voted unanimously this week to hold a public hearing next month on a proposal to create a social district, a designated area where patrons can buy alcohol and take it with them.
When the new law takes effect next month, New Hampshire will become the ninth state to allow people to purchase alcohol at local bars and restaurants, then take it with them in a to-go cup while moving through designated 'sip and stroll' areas downtown.
Local officials determine the boundaries of the social district, then work with the liquor commission and the state to ensure that all requirements under state law are met and develop a working plan to ensure safety in the district. Elected boards in communities that adopt the social districts are also given the authority to limit the hours when the activity is allowed.
Voters must then approve creation of a social district at town meeting or a city election.
'I'll be supporting this action,' said City Councilor Jennifer Kretovic. 'I think it's really important for our community to look at the organizations we support, like InTown Concord — for Market Days, they typically have a beer tent. This would allow them to have a social district at their event, it could be more expansive and more inclusive. It'll also allow the opportunity for other nonprofit organizations to as well, have events.
'We are about to embark on our 250th/300th anniversary in the city of Concord — and oddly enough, our Constitution was ratified because people were drinking alcohol.'
The statute takes effect on Sept. 5.
State Rep. Bill Boyd, R-Merrimack, sponsored HB 467, modeling it after one that North Carolina adopted in 2021 and working with Chief Mark Armaganian, director of the New Hampshire Liquor Commission's Division of Enforcement and Licensing.
The new ordinance restricts open containers to materials other than glass, usually plastic cups, with no more than 16 fluid ounces in them at one time.
Stickers or other labels are required, and drink limits are enforced. Drinks cannot be carried outside of social district boundaries, which are marked with prominent signs. Maps of the district boundaries are posted online.
Anyone with alcohol still in the cup and exiting the social district must throw it away unless the person is going back to the place where the alcohol was purchased from initially.
Concord Deputy City Solicitor John Conforti said he city currently grants licenses to several licensees to expand the service area for alcoholic beverages adjacent to their properties.
'Social districts would allow a designated alcoholic beverage consumption area that is shared by multiple establishments that are licensed to sell alcohol,' Conforti said. 'It appears that districts can be established on a temporary basis with limitations on hours or days of operation. Social districts must be clearly defined both by location and time and dates when the district is in effect. Businesses that wish to participate must only sell alcohol on their premises in containers that are subject to strict labeling and size requirements.
'Moreover, patrons cannot bring alcohol from one establishment within the district into another.'
Additional administrative rules related to social districts are expected from the Liquor Commission.
Municipalities that are interested in social districts are required to hold a public hearing on putting a question on a ballot on establishing one locally at least 15 days but no more than 30 days before the election.
If Concord is looking to put the question on a ballot for the Nov. 4 municipal election, a public hearing must be held at the council's Sept. 8 meeting to determine if the public is interested in doing so, officials said.
'We don't have any particular areas in mind,' City Manager Tom Aspell said. 'It's just, if you want to keep this option out there, this has to be on the ballot that comes up in November.'
'Approving it on the ballot would just give you the opportunity to set up social districts in the future,' Conforti said. 'You — the municipality — would then have to make a decision on where you would set it up, and then there's a maintenance plan that would need to be established and submitted to the Liquor Commission. The Liquor Commission would then need to approve that. So there are a number of things that we already know need to happen.'
Concord City Councilor Ali Sekou asked if the city has the authority to dictate how much alcohol people can consume.
'People that have their license have to take that ownership,' Conforti said. 'The responsibility for serving and all the rules and laws associated with that remain with the licensee who's serving the alcohol. We will have some responsibilities with regard to maintaining the district and signage and security and those types of things, and making sure that we make clear where the boundaries are of that district, but in terms of the actual service that that responsibility would remain with the licensee.'
Nashua officials have discussed the possibility of creating a social district. Legislators from Portsmouth and North Conway said it was likely to be seriously considered there as well.
Jodie Nazaka, Manchester's economic development director, said in May her department hasn't heard any businesses or aldermen express interest in establishing this type of district in Manchester. An attempt to reach her this week for an updated comment was unsuccessful.
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