HB 173 - AS INTRODUCED
2023 SESSION
23-0586
06/05
HOUSE BILL 173
AN ACT relative to toilet facilities provided by restaurants.
SPONSORS: Rep. Hynes, Hills. 2; Rep. Polozov, Merr. 10
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill removes the requirement for restaurants or food establishments that are capable of seating 25 or more, or serve alcohol, from having to provide separate toilet rooms for each sex.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0586
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to toilet facilities provided by restaurants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly; Toilet Facilities to be Provided for Restaurants, Etc.. Amend RSA 155:40, I to read as follows:
I. All places where the business of serving food to the public is conducted shall be equipped with toilet and lavatory facilities convenient of access for the use of patrons. [Separate toilet rooms for each sex shall be provided for patrons of any restaurant designed to seat 25 or more patrons at one time or for patrons of any food establishment where alcoholic beverages are served.] The commissioner of the department of health and human services shall have the authority to waive the requirements of this section for such businesses having 5 or fewer seats, for good cause shown, provided the business is unable to comply with this section because it does not have toilet or lavatory facilities on the effective date of this section as amended, and can show that the requirements of this section would cause substantial hardship.
2 Effective Date. This act shall take effect 60 days after its passage.