The Dish | October

The Dish A P U B L I C A T I O N O F T H E N E W H A M P S H I R E L O D G I N G A N D R E S T A U R A N T A S S O C I A T I O N

Issue No. 10

• October 2021 • Cover Photo: The Beal House Inn

Members Around Town

Vaccine Mandates

Celebrating Our Stars

The movers and shakers in NH's hospitality industry.

Will you need to comply? Our legal experts break it down.

Meet the 11 winners of the 2021 Stars of the Industry Awards!

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page 11

page 17

Inside YOUR GUIDE TO ISSUE NO. 10

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Members Around Town

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Creative Outdoor Dining

All smiles at Mr. Sippy BBQ in Rochester.

11 Vaccine Mandates

Promotions, an expansion, and a celebrity sighting

A "Container Bar" comes to Nashua

Will you need to comply?

16 Annual Wicked Scary A week of tricks and treats to Week at Copper Door benefit FEEDNH Restaurants

Rocking the line at Las Olas Taqueira!

17 Celebrating Our Stars

20 Survey Results from NH Restaurant Operators

Meet the 11 winners of the NHLRA's annual Stars of the Industry Awards

An update on the state of industry

Cover Photo by Jackie Fox of The Beal House Inn.

Thanking customers at Street.

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2021 Chair of the Board

Gail Batstone Owl's Nest Resort 2021 VIce Chair of Lodging

Molly Rice-Norby Woodstock Inn Station & Brewery 2021 VIce Chair of Restaurants

John Dunn Michael Timothy's Dining Group NHLRA President and CEO

Mike Somers NHLRA Director of Education and Workforce Development

Amie Pariseau NHLRA Membership Manager and Director of Workers' Compensation Trust

Samantha MacDonald NHLRA Social Media and Marketing Manager

Pamela Baker NHLRA Administration and Events Assistant

AubreyLynn Goodale 815 raised $728 for the FMAS Animal 815 raised $728 for the Shelter at their “Down for FMAS Dogs”Animal yoga Shelter at their “Down for Dogs” yoga and brunch.

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NHLRA

MEMBERS AROUND TOWN GUNSTOCK HIRES OUTDOOR CENTER DIRECTOR

TOM BERGERON ENJOYS DINNER AT THREE CHIMNEYS INN

A big fan of their potato-crusted

haddock, TV personality Tom Bergeron stopped by Three Chimneys Inn for dinner earlier this month. The TV host, best known for hosting Hollywood Squares, America's Funniest Home Videos, and Dancing with the Stars, reportedly made

Gunstock Mountain Resort recently welcomed William (Willy) Graves as its new Outdoor Center Director. A Vermont native, Graves competed with the US Ski Team from 2006-2009. His goals for the Outdoor Center include working more with affiliates to implement robust programming like races and clinics.

NEW HEAD BREWER AT PORTSMOUTH BREWRY

everyone smile during his visit.

SCHILLING BEER CO. ANNOUNCES CEO

The Schilling Family is pleased to

announce Stuart Cozzens, co-founder and managing partner of the brewery, as CEO. "With the amazing team we have, upholding our values of family, community, and excellence, we look forward to an exceptionally bright future.

Prost!" said Cozzens in a statement.

MARTINGALE WHARF'S DECK EXPANSION APPROVED

Portsmouth's Historic District

Commission approved a plan to allow Martingale Wharf Restaurant and Bar to expand its outdoor deck, while also creating a new

W

ith nearly 10 years of

experience in the beer industry, John Bergeron was recently named as Head Brewer for Portsmouth Brewery. An avid hiker and trail runner with a Maine Coon mix named Barley, John began his career as a homebrewer.

public deck space.

Architect Jeremiah Johnson, who represented developer and restaurant owner Mark McNabb at the commission's meeting, said the plans call for adding a 32-foot by 52-foot deck extension to expand the restaurant’s outdoor use while building a 15-foot by 21-foot “ADA compliant public access deck for any and all to enjoy.” www.nhlra.com | 6

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NASHUA'S FIRST "CONTAINER BAR" Boston Billiard Club & Casino gets ready to launch a unique outdoor space for guests.

An artist's rendering of the future space.

With so many customers still interested in outdoor dining, Boston Billiard Club & Casino (BBC&C) set out this year to introduce unique al fresco options, particularly for New England. In the coming days, their dream will become a reality with the opening of a new "Container Bar" in their spacious beer garden.

After purchasing the 40’ shipping container, BBC&C

customized it with windows, a bar top, and all the latest equipment and TVs inside. The new bar will seat 20+ and also include a service bar to handle the additional 60+ seats in the beer garden.

While no official date has been set, the container bar is expected to open later this month.

Preparing for opening! www.nhlra.com | 8

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LEGAL UPDATE

VACCINE MANDATES: WILL YOU NEED TO COMPLY?

By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C. In recent months, the Federal government has taken steps to try to increase the percentage of people fully vaccinated in the United States. This summer, the President signed an Executive Order requiring all federal executive branch workers to be vaccinated. He also directed that this standard be extended to employees of contractors that do business

with the Federal government.

During the Fall, the President also ordered large employers (those with 100 or more employees) to vaccinate their workforce or produce a negative test result on at least a weekly basis before coming to work. The COVID Plan can be found here. The Department of Labor’s Occupational Safety and

"In the meantime, these executive actions have prompted many people to ask if vaccination requirements pass Constitutional muster?"

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Health Administration (OSHA) is developing more information expected out shortly to explain exactly to whom and how the rule applies, and answering questions including how individuals will be counted for purposes of the 100-employee threshold. In the meantime, these executive actions have prompted many people to ask if vaccination requirements pass Constitutional muster?

The short answer is Yes. GOVERNMENT CAN IMPOSE PUBLIC HEALTH MANDATES.

As an initial matter, government generally can require vaccines.

Bottom line, an individual’s

freedom cannot be absolute in a democratic society and the state has the power to issue impositions “as the safety of the general public may demand.”

Jacobson v. Massachusetts, 197 U.S. 11 (1905). That includes vaccine mandates. Of course, the state’s power is limited by what is truly necessary and any legal imposition must pass a balancing test that weighs the individual’s liberty interest on the one hand against the exigencies of public health on the other. That said, established precedent provides that the state may in the context of a public health emergency require vaccinations to combat the spread of disease.

Given the anticipated limited scope of the proposed mandate, it would likely fall within the federal government’s delegated authority in the Commerce Clause to regulate interstate commerce (See Gonzales v.

Raich, 545 U.S. 1 (2005) (upholding federal regulation of intrastate cultivation of marijuana because it was part of a comprehensive federal program to combat interstate traffic in illicit drugs). or the Spending Clause, so long as the conditions Congress seeks to impose are related to the spending program at issue and not “unduly coercive”. See South Dakota v. Dole, 483 U.S. 203 (1987) (upholding federal law withholding 5% of federal highway funds otherwise allocable to states that do not raise the drinking age to 21).

The testing and vaccination opt-out mandate could be lawfully implemented through use of its regulatory power.

More than most people realize, much of the rule making that must be done to implement the various statutory schemes enacted by Congress has been delegated by Congress to the various administrative agencies within the Executive branch.

See Schechter Poultry Corp. v.

United States, 295 U.S. 495 (1935).

The Occupational Safety and Health Act (“OSHA”) in particular empowers the Secretary of Labor to “by rule promulgate as an occupational safety or health standard any www.nhlra.com | 12

national consensus standard, and any established Federal standard” and that “[i]n the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees.” OSH Act, Section 6(a).If the Administration conducts the full rule making process, complete with research, notice and public comment, then its proposed testing and vaccination opt-out mandate would likely gain the force of law in the form of a Regulation.

The Administration may also choose to implement its proposed testing and vaccine opt-out mandate through executive agency Guidance.

The Department Of Labor’s interpretation of its own existing Regulations enjoys a substantial level of deference from the federal courts. As a general rule, an agency’s interpretation of its own ambiguous regulation is controlling unless “plainly erroneous or inconsistent with the regulation.” Cope v. Let’s Eat Out, 354 F. Supp. 3d 976, 986, (2019). If the Guidance is hastily developed or if it is inconsistent with prior guidance or rules, then it may not gain the benefit of judicial deference. If, however, the Guidance is supported by record evidence, logical reasoning, and fair notice, and is shown to be necessary in the context of a spreading pandemic, and is shown to be

consistent with prior guidance and rules, then the federal courts will likely grant deference to the DOL’s new Guidance.

SO, NOW WHAT?

It remains to be seen whether and how Biden’s vaccination requirements will be enforceable. Much will depend on what it says and how it is promulgated. Ultimately the Administration will need to resort to the federal courts to enforce its testing/vaccination policy, and we simply do not know for sure how that fight will play out.

Notably, even those who argue vehemently against the mandate may nevertheless be pro-vaccine. While many employers are not currently required to impose a vaccine requirement, they clearly are permitted to do so under federal law so long as they carve out exceptions for religious and medical exceptions. Agencies including the EEOC, OSHA and the CDC have provided substantial guidance on how to administer

a vaccine requirement while respecting the civil rights of employees under Title VII and the ADA. In addition, plaintiff lawyers may argue that the failure of a business to impose reasonable vaccine mandates could amount to a failure to meet the duty of care to customers and the public. Such a failure could lead to liability for negligence and damage awards in the event causation of harm can be proven.

In sum, there are many reasons to encourage vaccination amongst employees, regardless of how the Biden “mandate” fares. Employers concerned about the health and safety of their employees and their customers should pay close attention to the guidance offered by the CDC, OSHA, EEOC, and state public health agencies, and seek legal advice as appropriate to develop their own vaccine policies that will pass muster under the developing law.

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GET READY FOR A SPOOKTACULAR WEEK TO BENEFIT FEEDNH.ORG!

Annual Wicked Scary Week at Copper Door Restaurants

By LTD Company

Copper Door Restaurants in Bedford, NH and Salem, NH will be hosting their Annual Wicked Scary Week from October 24th through the 31st, a week-long fundraiser benefitting FEEDNH.org. If you love the fun of the Halloween season, you’ll enjoy the restaurants’ spooky décor, Wicked Scary Prix Fixe lunch and dinner menus, and tasting the Sorceress Sandy’s Sangria & Harpoon IPA! Anytime a mortal orders off the special lunch and dinner menu, a five-dollar donation will be made to FEEDNH.org, the Great NH Restaurants’ Charitable Trust. (Copper Door regular menus are also available.)

There will be live music played in the bar by mortal musicians on Sunday, 10/24 from 11am–2pm, Thursday, 10/28 from 7pm-10pm and Sunday, 10/31 from 11am–2pm.

Ghosts, goblins, and mere mortals are all invited to get into the Halloween giving spirit and take a chance by spinning the prize wheel to support FEEDNH.org. For every $20 a guest donates to FEEDNH.org they get a spin at the donation prize wheel for a chance to win $20, $25, $50, or $100 off their next visit, and ALL proceeds go to FEEDNH.org.

Devilish drink specials include Harpoon IPA drafts for just $5 with a

percentage of sales donated to FEEDNH.org.

The Annual Wicked Scary week event has raised over $75,000 and will benefit the FEEDNH.org mission of helping Families, Elderly, Education, And Disadvantaged in New Hampshire.

Wicked Scary Week details can be found online at www.WickedScaryWeek.com.

For more information on Copper Door in Bedford, NH located at 15 Leavy Drive, call 603-488-2677. For more information on Copper Door in Salem, NH located at 41 S. Broadway, call 603-458-2033. Online: www.copperdoor.com. Reservations are not required but recommended. To learn more about FEEDNH.org, visit www.FEEDNH.org. www.nhlra.com | 16

CELEBRATING OUR STARS MEET THE 11 WINNERS OF THE NHLRA'S STARS OF THE INDUSTRY AWARDS As nominations rolled in for our Stars of the Industry awards this year, it was clear that so many hospitality workers across NH rose to the challenges of this year with an inspiring resiliency, determination, and passion.

From that impressive field of candidates, our awards committee selected the following outstanding employees and owners for going above and beyond, and in the process, raising the bar for excellence in performance, service, and commitment to the industry. Meet our 11 Stars of the Industry award winners!

EXCERPTS FROM THEIR NOMINATIONS "When you see Peggy work, hospitality seems to come effortlessly...."

"Housekeeping is the unspoken hero of any property and there is no exception here..."

Join us on Nov. 8!

Purchase tickets here.

"His perseverance and love for hospitality has been an inspiration, and because of this, his employees are right there with him, cheering our successes together..."

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Rising Star of the Year Joe Linnehan Tinios Pro Hospitality Group

Restaurateur of the Year Sim Willey Hart's Turkey Farm Restaurant

Lodging Employee of the Year Johanny Jimenez Bedford Village Inn

Chef of the Year Britnie Lia The Sassy Biscuit Company

Innkeeper of the Year Brad McCoil Owl's Nest Resort

Allied Member of the Year Steve Parnagian US Foods

Restaurant Employee of the Year Tim Allen Great NH Restaurants

Live Free & Give Award Cynthia Makris NASWA Resort

Brewer of the Year Sharon "Dropkick" Curley Lithermans Limited Brewing

Lifetime Achievement Award Cindy Bates The Common Man

Catering/Venue of the Year Peggy Rice Woodstock Inn Brewery

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Be safe with ServSafe

NHLRA's ServSafe Manager Certification Course Help your team protect against foodborne illness with the NHLRA's ServSafe training. The program blends the latest FDA Food Code, food safety research, and years of food sanitation training experience. Managers learn to implement essential food safety practices and create a culture of food safety. Certification is valid for five years and satisfies the "Person in Charge" requirement of the New Hampshire Rules for the Sanitary Production and Distribution of Food.

CLASSES AROUND THE STATE Through a third-party vendor, HRFoodSafe, the NHLRA regularly holds ServSafe training classes. Classes are offered monthly in Concord, Manchester, Nashua, and Portsmouth and throughout the year in Lebanon and North Conway.

NOVEMBER SCHEDULE November 1 - Concord November 9 - North Conway November 15 - Manchester November 17 - Nashua November 22 - Portsmouth November 23 - Lebanon

Register or find a class near you at: https://www.nhlra.com/servsafe.html

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HAVE A QUESTION OR CONCERN? Membership in the NHLRA means being a part of the only organization in the state dedicated to protecting, promoting, and educating our hospitality industry.

Contact us for questions or to share what issues are affecting your business. We're here for you.

GOVERNMENT AFFAIRS: Mike Somers msomers@nhlra.com MEMBERSHIP AND WORKERS' COMP: Samantha MacDonald smacdonald@nhlra.com EDUCATION AND WORKFORCE DEVELOPMENT: Amie Pariseau apariseau@nhlra.com SOCIAL MEDIA AND MARKETING: Pamela Baker pbaker@nhlra.com ADMINISTRATIVE AND EVENTS: AubreyLynn Goodale apaquette@nhlra.com NHLRA OFFICE: (603) 228 - 9585 info@nhlra.com

MEMBER SOLUTIONS Save time and money with the NHLRA's endorsed service providers.

MUSIC LICENSING Members save up to 20% off music licensing fees for BMI and 10% off SESAC. HEALTHCARE SOLUTIONS Lower healthcare spending by 20% while improving employee experience through our Association Health Plan.

COMPLIANCE PORTAL Including risk management and safety tools, compliance support, and templates for training and safety manuals.

DENTAL INSURANCE Save up to 15% on dental insurance rates through our group buying program.

401(k) PROGRAM Establish a 401(k) program with minimal overhead under an NHLRA umbrella plan.

CREDIT CARD PROCESSING Receive a discount of up to 10% off of processing fees.

LIQUOR LIABILITY INSURANCE Save up to 20% off your liquor liability insurance premium.

PROPERTY INSURANCE You may be eligible for a 5% discount on property insurance.

MUSIC LICENSING Members receive an exclusive 10% discount on the subscription price and a 30-day free trial.

LEGAL SERVICES 30 minutes of free legal advice per incident, issue, or matter.

Need to retain their services? Receive a discounted rate.

WORKERS' COMP INSURANCE Our self-funded worker's comp trust returns dividends (on average) of 20-35%. www.nhlra.com | 21

OCTOBER RENEWALS Thank you to these renewing members!

Alan's of Boscawen Banners Restaurant Black Trumpet Bistro Davignon Club Governor's Inn Hill-Brook Motel Island Hospitality Management LaBelle Winery - Amherst Laconia Rod and Gun Club Loon Reservation Service

Manor on Golden Pond Midfield Cafe Moat Mountain Brewing Company Red Arrow 24-Hour Diner Silverstone Living SNHU Arena Steele Hill Resort The Palace Theatre Woodstock Inn Station & Brewery

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16 Centre Street Concord, NH 03301 | (603) 228 - 9585 | nhlra.com