Connecticut Seal

General Assembly

 

Raised Bill No. 5655

February Session, 2004

 

LCO No. 2379

 

*02379_______JUD*

Referred to Committee on Judiciary

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING UNDERAGE DRINKING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2004) (a) No person having possession of, or exercising dominion and control over, any dwelling unit or private property shall (1) knowingly permit two or more minors to possess alcoholic liquor in violation of subsection (b) of section 30-89 of the general statutes, as amended by this act, in such dwelling unit or on such private property, or (2) knowing that two or more minors possess alcoholic liquor in violation of subsection (b) of section 30-89 of the general statutes, as amended by this act, in such dwelling unit or on such private property, fail to make reasonable efforts to halt such possession. For the purposes of this section, "minor" means a person under twenty-one years of age.

(b) Any person who violates the provisions of this section, for a first offense, shall be fined not more than five hundred dollars or imprisoned not more than one year, or both, and may be ordered to perform not more than one hundred eighty hours of community service, as defined in section 14-227e of the general statutes, and, for a second or subsequent offense, shall be fined not more than one thousand five hundred dollars or imprisoned not more than eighteen months, or both.

Sec. 2. Subsection (b) of section 30-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) (1) Any minor who possesses any alcoholic liquor [on any street or highway or in any public place or place open to the public, including any club which is open to the public,] shall be fined not less than two hundred nor more than five hundred dollars and be subject to the provisions of section 14-111e. Such fine may be remitted as provided in section 54-74.

(2) If the court finds that a person charged with a violation of subdivision (1) of this subsection (A) will probably not offend in the future, (B) has not previously been convicted of a violation of this subsection, and (C) has not previously had a prosecution under this subsection suspended pursuant to this subdivision, it may order suspension of prosecution. The court shall not order suspension of prosecution unless the accused person has acknowledged that he or she understands the consequences of the suspension of prosecution. Any person for whom prosecution is suspended shall agree to the tolling of any statute of limitations with respect to such violation and to a waiver of such person's right to a speedy trial. Such person shall appear in court and shall be released to the custody of the Court Support Services Division for such period, not exceeding one year, and under such conditions, including the performance of not more than one hundred eighty hours of community service, as defined in section 14-227e, as the court shall order. If the person refuses to accept, or, having accepted, violates such conditions, the court shall terminate the suspension of prosecution and the case shall be brought to trial. If such person satisfactorily completes such person's period of probation, such person may apply for dismissal of the charges against him or her and the court, on finding such satisfactory completion, shall dismiss such charges. If the person does not apply for dismissal of the charges against him or her after satisfactorily completing such person's period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the person satisfactorily completed the period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges. Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. An order of the court denying a motion to dismiss the charges against a person who has completed such person's period of probation or terminating the suspension of prosecution shall be a final judgment for purposes of appeal.

(3) The provisions of subdivision (1) of this subsection shall not apply to [(1)] (A) a person over age eighteen who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of [his] such person's employment or business, [(2)] (B) a minor who possesses alcoholic liquor on the order of a practicing physician, or [(3)] (C) a minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one.

(4) For the purposes of this subsection, "minor" means a person under twenty-one years of age.

Sec. 3. Section 30-22c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) As used in this section, "juice bar or similar facility" means an area [in which] where (1) nonalcoholic beverages are served to minors, and (2) no alcoholic liquor is sold, dispensed, consumed or present.

(b) The holder of a cafe permit may operate a juice bar or similar facility at a permit premises, [if the juice bar or similar facility is limited to a room or rooms or separate area within the permit premises wherein there is no sale, consumption, dispensing or presence of alcoholic liquor] provided no alcoholic liquor is sold, dispensed or consumed in any area of the permit premises during the hours of operation of the juice bar or similar facility.

[(b)] (c) The holder of a cafe permit shall notify and inform local police in advance of specific dates and hours of [any scheduled event at which the premises or a portion thereof will be used as] the operation of a juice bar or similar facility.

[(c)] (d) Nothing in this section shall exempt the holder of a cafe permit from compliance with any other applicable provisions of the general statutes or regulations of Connecticut state agencies concerning minors, including, but not limited to, the prohibition against the sale of alcoholic liquor to minors. [The presence of alcoholic liquor or the sale or dispensing to or consumption of alcoholic liquor by a minor at a juice bar or similar facility is prohibited.]

(e) For the purposes of this section, "minor" means a person under twenty-one years of age.

This act shall take effect as follows:

Section 1

October 1, 2004

Sec. 2

October 1, 2004

Sec. 3

October 1, 2004

Statement of Purpose:

To provide penalties for persons who allow minors to possess alcohol on private property, to prohibit minors possessing alcohol on private property except under certain circumstances and to restrict the operation of juice bars at establishments holding cafe liquor permits.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]