Sec. 53-258a. Misuse or mutilation of the flag. Any person who, in any manner
for exhibition or display, puts or causes to be placed any inscription, picture, design,
device, symbol, name, advertisement, word, character, mark or notice upon any flag,
standard, color or ensign of the United States or the state flag of this state or any ensign
evidently purporting to be either of such flags, standards, colors or ensigns or in any
manner appends, annexes or affixes to any such flag, standard, color or ensign, any
inscription, picture, design, device, symbol, name, advertisement, word, mark, notice
or token or displays or exhibits or causes to be placed or exhibited any flag, standard,
color or ensign of the United States or the flag of this state or any flag, standard, color
or ensign evidently purporting to be either of such flags, standards, colors or ensigns,
upon which in any manner is put, attached, annexed or affixed any inscription, picture,
design, device, symbol, name, advertisement, word, mark, notice or token or publicly
misuses, mutilates, tramples upon or otherwise defaces or defiles or puts indignity upon
any of such flags, standards, colors or ensigns, whether any of such flags, standards,
colors or ensigns are public or private property, shall be guilty of a class A misdemeanor.
Flags, standards, colors or ensigns, the property of or used in the service of the United
States or of this state, may have inscriptions, names of actions, words, marks or symbols
which are placed thereon pursuant to law or authorized regulations.
(1971, P.A. 241.)
Secs. 53-259 to 53-263. Display of foreign or international flags. Public officers
to receive only their fixed salaries. Commission to public agents. Unlawful taking
of fees and commissions. Furnishing of supplies by officer to state-aided institution.
Sections 53-259 to 53-263, inclusive, are repealed.
(1949 Rev., S. 8585, 8597, 8599, 8600, 8604; 1955, S. 3294d; 1969, P.A. 828, S. 214.)
See Secs. 53a-119 to 53a-125b, inclusive, re larceny.
See Sec. 53a-147, 53a-148 re bribery and bribe receiving, respectively.
See Sec. 53a-160, 53a-161 re commercial bribery and receiving of commercial bribes, respectively.
Sec. 53-264. Maintenance. Each attorney, state marshal or constable, who, with
intent to make gain by the fees of collection, purchases and sues upon any choses in
action, shall be fined not more than one hundred dollars.
(1949 Rev., S. 8596; P.A. 00-99, S. 119, 154.)
History: P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000.
State of facts not within this section. 14 C. 23. Cited. 77 C. 461. Attorney may purchase judgment and sue thereon. 85
C. 267. Common law as to maintenance never adopted in this state as applied to civil actions. 100 C. 110; 106 C. 70.
Secs. 53-265 to 53-278. Impersonation of policeman. Corruption of agents and
employees. Betrayal of employer's correspondence, books or accounts. Corrupt
influences; court proceedings; evidence. Unlawful payment of naturalization fees.
Fortune telling and other fraudulent practices. Betting on races and jai alai games.
Gaming on public conveyances. Gaming house; keepers; frequenters. Owning faro
bank. Witness not excused. Gaming in general. Keeping billiard table or slot machine for gambling purpose. Sections 53-265 to 53-278, inclusive, are repealed.
(1949 Rev., S. 8601-8603, 8605, 8645, 8647-8655; 1955, S. 3305d; 1969, P.A. 828, S. 214; 1971, P.A. 787; 865, S.
20; 1972, P.A. 60, S. 13-16; 187, S. 15; P.A. 73-455, S. 9; P.A. 93-5.)
See Sec. 29-6a re use of official hat and insignia of state police.
See Secs. 53-278a to 53-278g, inclusive, re gambling, generally.
See Sec. 53-378 re use of uniforms.
See Sec. 53a-160, 53a-161 re commercial bribery and receiving of commercial bribes, respectively.
Sec. 53-278a. Gambling: Definitions. As used in sections 53-278a to 53-278g,
inclusive:
(1) "Gain" means the direct realization of winnings; "profit" means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from
proprietorship, management or unequal advantage in a series of transactions;
(2) "Gambling" means risking any money, credit, deposit or other thing of value
for gain contingent in whole or in part upon lot, chance or the operation of a gambling
device, including the playing of a casino gambling game such as blackjack, poker, craps,
roulette or a slot machine, but does not include: Legal contests of skill, speed, strength
or endurance in which awards are made only to entrants or the owners of entries; legal
business transactions which are valid under the law of contracts; activity legal under
the provisions of sections 7-169 to 7-186, inclusive; any lottery or contest conducted
by or under the authority of any state of the United States, Commonwealth of Puerto
Rico or any possession or territory of the United States; and other acts or transactions
expressly authorized by law on or after October 1, 1973;
(3) "Professional gambling" means accepting or offering to accept, for profit,
money, credits, deposits or other things of value risked in gambling, or any claim thereon
or interest therein. Without limiting the generality of this definition, the following shall
be included: Pool-selling and bookmaking; maintaining slot machines, one-ball machines or variants thereof, pinball machines, which award anything other than an immediate and unrecorded right of replay, roulette wheels, dice tables, or money or merchandise pushcards, punchboards, jars or spindles, in any place accessible to the public;
and except as provided in sections 7-169 to 7-186, inclusive, conducting lotteries, gift
enterprises, disposal or sale of property by lottery or hazard or policy or numbers games,
or selling chances therein; and the following shall be presumed to be included: Conducting any banking game played with cards, dice or counters, or accepting any fixed share
of the stakes therein;
(4) "Gambling device" means any device or mechanism by the operation of which
a right to money, credits, deposits or other things of value may be created, as the result
of the operation of an element of chance; any device or mechanism which, when operated
for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; any device, mechanism, furniture or fixture designed
primarily for use in connection with professional gambling; and any subassembly or
essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation, provided an immediate and unrecorded right of replay mechanically conferred on players of pinball machines and similar
amusement devices shall be presumed to be without value. "Gambling device" does not
include a crane game machine or device or a redemption machine;
(5) "Gambling record" means any record, receipt, ticket, certificate, token, slip or
notation given, made, used or intended to be used in connection with professional gambling;
(6) "Gambling information" means a communication with respect to any wager
made in the course of, and any information intended to be used for, professional gambling. Information as to wagers, betting odds or changes in betting odds shall be presumed to be intended for use in professional gambling;
(7) "Gambling premise" means any building, room, enclosure, vehicle, vessel or
other place, whether open or enclosed, used or intended to be used for professional
gambling. Any place where a gambling device is found shall be presumed to be intended
to be used for professional gambling, except a place wherein a bazaar or raffle for which
a permit has been issued under sections 7-170 to 7-186, inclusive, or bingo for which
a permit has been issued under section 7-169 is to be conducted;
(8) "Person" includes natural persons, partnerships, limited liability companies and
associations of persons, and corporations; and any corporate officer, director or stockholder who authorizes, participates in or knowingly accepts benefits from any violation
of sections 53-278a to 53-278g, inclusive, committed by his corporation;
(9) "Peace officer" means a municipal or state police officer or chief inspector or
inspector in the Division of Criminal Justice or state marshal while exercising authority
granted under any provision of the general statutes or judicial marshal in the performance
of the duties of a judicial marshal;
(10) "Court" means the Superior Court;
(11) "Crane game machine or device" means a machine or device (A) that is designed and manufactured only for bona fide amusement purposes and involves at least
some skill in its operation, (B) that rewards a winning player exclusively with merchandise contained within the machine or device and such merchandise is limited to noncash
prizes, toys or novelties each of which has a wholesale value not exceeding ten dollars
or ten times the cost of playing the machine or device, whichever is less, (C) the player
of which is able to control the timing of the use of the claw or grasping device to attempt
to pick up or grasp a prize, toy or novelty, (D) the player of which is made aware of any
time restrictions that the machine or device imposes on the player to maneuver the claw
or grasping device into a position to attempt to pick up or grasp a prize, toy or novelty,
and (E) the claw or grasping device of which is not of a size, design or shape that prohibits
the picking up or grasping of a prize, toy or novelty contained within the machine or
device;
(12) "Redemption machine" means an amusement device operated by one or more
players that involves a game the object of which is throwing, rolling, bowling, shooting,
placing or propelling a ball or other object into, upon or against a hole or other target and
that rewards the player or players with tickets, tokens or other noncash representations of
value redeemable for merchandise prizes, provided (A) the outcome of the game is
predominantly determined by the skill of the player, (B) the award of tickets, tokens or
other noncash representations of value is based solely on the player's achieving the
object of the game or on the player's score, (C) only merchandise prizes are awarded,
(D) the average wholesale value of the prizes awarded in lieu of tickets or tokens for a
single play of the machine does not exceed ten dollars or ten times the cost of a single
play of the machine, whichever is less, and (E) the redemption value of each ticket,
token or other noncash representation of value that may be accumulated by a player or
players to redeem prizes of greater value does not exceed the cost of a single play of
the machine.
(P.A. 73-455, S. 1; P.A. 74-183, S. 172, 291; 74-191, S. 1, 2; P.A. 75-567, S. 70, 80; P.A. 76-111, S. 4; 76-436, S. 152,
681; P.A. 95-61; 95-79, S. 178, 189; P.A. 00-99, S. 4, 154; Jan. 6 Sp. Sess. P.A. 03-1, S. 1.)
History: P.A. 74-183 redefined "court" as court of common pleas rather than circuit court, reflecting reorganization of
judicial system, effective December 31, 1974; P.A. 74-191 redefined "gambling" to exclude lotteries or contests under
authority of the "Commonwealth of Puerto Rico or any possession or territory of the United States" and to substitute Sec.
7-186l for Sec. 7-186; P.A. 75-567 replaced "county" detectives with detectives in the division of criminal justice in
definition of "peace officer", county government having been abolished in 1959; P.A. 76-111 redefined "peace officer"
to replace detectives with chief inspectors or inspectors of criminal justice division; P.A. 76-436 redefined "court" to delete
court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; (Revisor's note:
In 1993 references in Subdivs. (3) and (7) to Sec. 7-186m were replaced editorially by the Revisors with references to Sec.
7-186l, Sec. 7-186m having been repealed); P.A. 95-61 amended Subdiv. (4) to exempt "crane game machine or device"
and "redemption machine" from definition of "gambling device" and added Subdivs. (11) and (12) defining those terms;
P.A. 95-79 redefined "person" to include limited liability companies, effective May 31, 1995; P.A. 00-99 amended Subdiv.
(9) by deleting reference to sheriff and deputy sheriff and adding provision re state marshal exercising statutory authority
and judicial marshal in performance of duties, effective December 1, 2000; Jan. 6 Sp. Sess. P.A. 03-1 amended definition
of "gambling" in Subdiv. (2) by adding reference to "the playing of a casino gambling game such as blackjack, poker,
craps, roulette or a slot machine", deleting reference to Sec. 7-186l and substituting reference to Sec. 7-186, amended
definition of "professional gambling" in Subdiv. (3) by deleting reference to Sec. 7-186l and substituting reference to Sec.
7-186, and amended definition of "gambling premises" in Subdiv. (7) by deleting reference to games of chance for which
a permit was issued under Secs. 7-186a to 7-186l, inclusive, effective January 7, 2003.
See Secs. 52-553, 52-554 re wagering contracts and recovery of money lost in gaming.
Annotations to former section 53-271 (Betting on races and jai alai games):
Cited. 100 C. 543; 125 C. 121; 126 C. 432; 151 C. 537. Whether articles used in violating this section could be seized
under former section 54-33, 126 C. 432. History of section; expresses an ancient and deep-rooted public policy. 134 C.
55, 56.
Cited. 23 CS 14.
Annotation to former section 53-272 (Gaming on public conveyances):
Cited. 124 C. 164.
Annotations to former section 52-273 (Gaming house; keepers; frequenters):
Policy playing held to be gaming within the terms of statute. 60 C. 102; 63 C. 250. The place must be or have the
reputation of being actually resorted to for that purpose. 63 C. 250. Cited. 124 C. 164; 152 C. 716. Use must be frequent,
customary, common or habitual, and a single act of gaming is insufficient to prove a violation. 128 C. 149.
Evidence of general reputation of place and judicial notice of prior convictions of defendant sufficient for finding of
guilt of keeper of gaming house. 2 Conn. Cir. Ct. 256. Information clearly informed defendant of charge when it specifically
charged him with "keeping a gaming house", and he was denied bill of particulars. 5 Conn. Cir. Ct. 78.
Annotation to former section 53-274 (Frequenters defined):
Cited. 5 Conn. Cir. Ct. 78; 244.
Annotation to former section 53-275 (Owning faro bank):
Cited. 5 Conn. Cir. Ct. 468.
Annotations to former section 53-277 (Gaming in general):
Cited. 124 C. 164. As to whether articles used in violating this section could be seized under former section 54-33. 126
C. 432.
Annotations to former section 53-278 (Keeping billiard table or slot machine for gambling purposes):
Whether articles used in violating this section could be seized under former section 54-33. 126 C. 432. A coin-operated
pinball machine which is designed to provide free plays upon the scoring of certain numbers or combination of numbers
is a gaming device. 147 C. 444.
Pinball machine is not a gambling device per se. 3 CS 374; 19 CS 500.
Pinball machines are used for gambling purposes when operational features, such as counters recording number of
games and credits, exist, when use of skill is minimal compared with element of chance in attaining a high score, and
where a payoff is made to reward a high score. 3 Conn. Cir. Ct. 598, 600, 601.
Annotations to former section 53-290 (Lotteries prohibited; publication of promotional drawing):
The law will not enforce a title to property growing out of a lottery transaction. 19 C. 432; 49 C. 128. Prohibits not
merely lotteries, but also enterprises wherein chance is predominating element even though participants risk nothing; "bank
night" illegal. 124 C. 160. History of this section. Id., 167. Applies to enterprises in the general nature of lotteries wherein
chance is the predominating element even though those who participate do not directly risk any money or property of their
own. 142 C. 53.
The word "lottery" does not appear in the statute and it is immaterial to the violation of the statute whether the accused
conducted a "lottery". 5 CS 178. "Bank night" held to be a lottery. Id., 378. Theatrical promotion scheme held a lottery
though person whose lucky number was drawn is not required to pay admission. 6 CS 463. Where plaintiff sued to recover
indebtedness from defendants, which claim arose from winnings from a bet made in violation of section 53-298, held the
court will not aid party to an illegal contract in enforcing his claim and, since all the parties were in pari delicto, judgment
should be rendered for the defendants. 26 CS 238.
Supermarket not a "retail grocer" within intent of statute and not barred from conducting promotional drawing. 3 Conn.
Cir. Ct. 674. History discussed. Id.
Annotations to former section 53-291 (Sale of property by lottery):
Cited. 142 C. 55.
Cited. 5 CS 377.
Annotations to former section 53-292 (Property disposed of by hazard):
Cited. 124 C. 164; 142 C. 55.
Cited. 5 CS 377.
Annotations to former section 53-293 (Lottery tickets not to be sold):
Applies to lottery authorized by congress or by other states. 4 C. 445; 28 C. 228. Immaterial whether tickets are to be
procured within this state or in the state where authorized. Id. C. 228. Provisions of section held constitutional. Id., 70 C.
484. What publication held not a "printed proposal" to sell lottery tickets. 28 C. 229. Court will render no aid to recover
title to property won in a lottery. 49 C. 128. History of this section. 68 C. 376. Counts in information. 66 C. 250. Cited.
142 C. 55.
Cited. 4 Conn. Cir. Ct. 502.
Annotations to former section 53-295 (Pool selling):
What allegations proper. 66 C. 256. This section does not violate provision of federal constitution de interstate commerce.
70 C. 484; See 28 C. 228. One who supplies facilities for pool-selling with knowledge is guilty. 80 C. 319. Whether articles
used in violating this section may be seized under former section 54-33. 126 C. 432. Proof required; not necessary to prove
actual making of bets. 129 C. 540. The making or the recording or the registering of wagers is punishable. 133 C. 604,
605. As to conspiracy to gamble, see 134 C. 185. Articles which ordinarily serve other purposes may be found to be devices
and apparatus for gaming purposes if they are reasonably adapted to, and at the time in question are intended and actually
used for, those purposes. 136 C. 210; 153 C. 12. Defense of entrapment may be asserted under a not guilty plea. 139 C. 1.
Distinction between pool selling and policy playing. 147 C. 426. A finding of not guilty on prosecution for policy playing
does not preclude prosecution for pool selling. Id. Cited. 149 C. 570, 576; 150 C. 221, 228, 229; 151 C. 455; 152 C. 167.
Evidence consisting of officers' testimony regarding telephone calls taken by them at home of defendant does not fall
within hearsay rule since it is offered not to prove the statements made in them were true but as evidence of betting activity.
153 C. 12. Cited. 163 C. 231; Id., 234. Cited. 165 C. 239.
Cited. 22 CS 443; 24 CS 70. To constitute a violation of this section, the actual making of bets is not required. 22 CS
507. Proof of a single wager, without further facts and circumstances indicative of pool selling, is insufficient to establish
a violation. 23 CS 13. Section is directed against that form of pool-gambling which includes bets on results of horse races
and other specified events. 24 CS 251. Section reaches anyone "concerned" with prohibited act, whether through part
performance of it or by use of an accomplice. Id.
Where issue of entrapment may be matter of disagreement, question should be determined by jury. 2 Conn. Cir. Ct.
130. Pool selling generally is concerned with the combination of bets or wagers from several persons on the same event,
the total sum to be divided among the successful bettors. Id., 133. Crime of conspiracy is separate offense and does not
merge in the act which is executed in furtherance of the conspiracy. An information charging defendants with conspiracy
should set forth the conspiracy statute. 3 Conn. Cir. Ct. 50, 51. Cited. 1 Conn. Cir. Ct. 177; id., 534; 3 Conn. Cir. Ct. 96;
id., 103; id., 235; id., 641; 4 Conn. Cir. Ct. 422. Proof of presence of gambling paraphernalia and betting tally sheets and
telephone call from bettor to defendant occupant, sufficient to convict defendant under this statute. Id., 550. Evidence
presented below was sufficient for trial court to find beyond reasonable doubt that defendant used his name for pool selling
in violation of this statute. Id., 604. Cited. 5 Conn. Cir. Ct. 54. Sentence of nine months held not excessive where defendant
had record of former convictions, plea to consider his poor health being one for clemency over which appellate court has
no jurisdiction. Id., 269. Appellate division will not open question of constitutionality of this statute long upheld by supreme
court. Id., 551. Telephone calls of bets during raid of betting premises may be testified to by police officer intercepting
them. Id. That pertinent portions only of this statute were read to jury in judge's charge was proper judicial procedure.
Phrase "concerned in" as used in this section and section 53-298 discussed. 6 Conn. Cir. Ct. 170, 172. Nothing so vague
or ambiguous about language of statute as to violate constitution, and no evidence of invasion of substantive right such as
would constitute an overbreadth. Id., 170, 172, 173. Cited. Id., 219; 229.
Annotations to former section 53-296 (Sporting contest pools):
Evidence sufficient to prove beyond reasonable doubt defendants were making book in home of one of them. 4 Conn.
Cir. Ct. 605. Cited. 6 Conn. Cir. Ct. 193.
Annotation to former section 53-297 (Sale or lease of implements to be used in pool selling):
Purports only to punish one who transmits the information, not the recipients. 132 C. 336.
Annotations to former section 53-298 (Policy playing; gaming by use of lottery slips or tickets):
Scope of statute discussed. 128 C. 407. The words "bets or wagers" are broader than such words as "policy playing"
or "numbers games". But they include these forms of gambling or betting on what numbers will be drawn in a lottery or
will be determined by chance. 140 C. 560. Information charging "engaging in sale of policy slips for purposes of gambling"
is satisfied by evidence that the defendant participates, is involved or has an interest therein. 141 C. 565. Prima facie case
of guilt, requirements for and effect. 145 C. 549. Distinction between pool selling and policy playing. 147 C. 426. A finding
of not guilty on prosecution for policy playing does not preclude prosecution for pool selling. Id. Cited. 132 C. 47; 149 C.
569, 570, 577; 152 C. 87; 153 C. 129. No specific intent required as element of crime. 152 C. 585. Statute is complex and
lengthy and mere reading of it to jury was not adequate charge by court, new trial ordered. 159 C. 175.
To convict of the crime of being the custodian of a policy slip, the state must prove that the slip in question was a policy
slip within the meaning of the statute and that the defendant kept, or was the custodian of, the slip. 22 CS 340; 23 CS 183.
Violation of this section by an employee on company premises constitutes just cause for dismissal. A labor arbitration
award to the contrary contravenes public policy. 22 CS 475. Something more than proof of suspicious circumstances is
needed to sustain a conviction. 23 CS 480. Cited. 22 CS 437; 23 CS 405; 24 CS 23, 70, 72.
Where plaintiff sued to recover indebtedness from defendants, which claim arose from winnings from a bet made in
violation of this section, held the court will not aid party to an illegal contract in enforcing his claim and, since all the
parties were in pari delicto, judgment should be rendered for the defendants. 26 CS 238.
For conviction state must prove slip was policy slip within meaning of statute and defendant was custodian. 2 Conn.
Cir. Ct. 305. Cited. 3 Conn. Cir. Ct. 96; 4 Conn. Cir. Ct. 165; id., 221; id., 422; 551. Evidence of defendants' writing policy,
including a film of his activity, one month before date of crime charged held admissible on his trial. Id., 717. Cited. 5
Conn. Cir. Ct. 1; 54; 468. Officers observing defendant put tally papers under rafters of hatchway were not conducting
search when they picked papers up on arrest of defendant in his store. Id., 613. Search of person found on premises of
store searched under warrant held constitutional. Id., 637. Where accused threw aside newspaper, policy sheet and pen
when fleeing arrest, officer could seize such articles as property abandoned by defendant. 6 Conn. Cir. Ct. 17. Cited. Id.,
59. Phrase "concerned in" as used in this section and section 53-295 discussed. Id., 170, 172. Defendant was found guilty
on three counts of possession of policy play on single day. Since his offense was one continuous offense, conviction on
each of second and third counts put him in double jeopardy and was in error. Id., 170, 173, 174, 175. Nothing so vague or
ambiguous about language of this statute as to violate constitution, and no evidence of invasion of substantive right such
as would constitute overbreadth. Id., 170, 172, 173. Cited. Id., 193; 577.
Annotations to former section 54-33h (Arrest of keeper of gambling equipment; seizure and disposition of property):
Authorizes the seizure of money used in gambling. 132 C. 46. A coin-operated pinball machine which is designed to
provide free plays upon scoring of certain numbers or combinations of numbers is a gaming device. 147 C. 444. Amended
as result of Mapp v. Ohio, 367 U.S. 643, which held that evidence obtained by unlawful search and seizure is inadmissible
in state courts. Also see 149 C. 567. If search and seizure were incidental to a lawful arrest, they were not unreasonable.
Definition of slot machine; differentiated from pinball device. 3 CS 378. Cited. 16 CS 304; 19 CS 500.
Where officer listened at rear door and viewed gambling through transom while patrolling, entry on premises and
search without warrant upheld. 2 Conn. Cir. Ct. 247. Warrant properly issued under former statute to provide basis for
postconviction, in rem proceedings. 5 Conn. Cir. Ct. 51.
Annotations to present section:
Subdiv. (5):
Cited (erroneously as Sec. 52-278a(5)). 196 C. 471, 474.
Sec. 53-278b. Gambling; professional gambling; penalties. (a) Any person who
engages in gambling, or solicits or induces another to engage in gambling, or is present
when another person or persons are engaged in gambling, shall be guilty of a class B
misdemeanor; provided natural persons shall be exempt from prosecution and punishment under this subsection for any game, wager or transaction which is incidental to a
bona fide social relationship, is participated in by natural persons only and in which no
person is participating, directly or indirectly, in professional gambling.
(b) Any person who engages in professional gambling shall be guilty of a class A
misdemeanor.
(P.A. 73-455, S. 2.)
See footnotes to Sec. 53-278a.
Cited. 3 CA 477, 479. Cited. 5 CA 634, 635. Cited. 8 CA 290, 291. Cited. 35 CA 333, 336.
Pyramid merchandising schemes possess the three essential elements of a lottery, consideration, chance and prize and
thus violate the lottery statute. 32 CS 279.
Subsec. (a):
Cited. 17 CA 587, 588.
Subsec. (b):
Cited. 17 CA 587, 588.
Sec. 53-278c. Seizure of gambling devices. Penalties for possession, sale, etc.,
of gambling devices or records. Exceptions. (a) All gambling devices are common
nuisances and, if found in a place known or suspected to be a gambling premise, are
subject to seizure, immediately upon detection, by any peace officer, who shall hold the
same subject to confiscation and destruction by order of a court having jurisdiction.
(b) No property right in any such gambling device shall exist or be recognized in
any person, except the possessory right of officers enforcing sections 53-278a to 53-278g, inclusive.
(c) All furnishings, fixtures, equipment and stock, including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for printing, recording, computing, transporting, safekeeping or, except as otherwise provided in
subsection (c) of section 53-278d, communication, used in connection with professional
gambling or maintaining a gambling premise, and all money or other things of value at
stake or displayed in or in connection with professional gambling or any gambling
device, shall be subject to seizure, immediately upon detection, by any peace officer,
and shall, unless good cause is shown to the contrary by the owner, be ordered by the
court to be destroyed or disposed of to a charitable or educational institution or to a
governmental agency or institution, provided, if such property is money or valuable
prize, it shall become the property of the state; except any such property which at the
time of such order is subject to a bona fide mortgage, assignment of lease or rent, lien
or security interest shall remain subject to such mortgage, assignment, lien or security
interest. The court may also order that such property be sold by sale at public auction,
in which case the proceeds shall become the property of the state; provided any person
who has a bona fide mortgage, assignment of lease or rent, lien or security interest shall
have the same right to the proceeds as he had in the property prior to sale. The provisions
of section 54-33g shall not be applicable to proceedings under this section.
(d) Except as provided in subsection (e), any person who knowingly owns, manufactures, possesses, buys, sells, rents, leases, stores, repairs or transports any gambling
device, or offers or solicits any interest therein, except in connection with a permit under
sections 7-169 to 7-186, inclusive, whether through an agent or employee or otherwise
shall be guilty of a class A misdemeanor. Subsection (b) of this section shall have no
application in the enforcement of this subsection.
(e) Any firm or corporation may engage in the business of manufacturing gambling
devices for use outside of the state, provided such firm or corporation has obtained
approval for the manufacture and transportation of such devices from the Commissioner
of Public Safety. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this subsection.
(f) Any person who knowingly prints, makes, possesses, stores or transports any
gambling record, or buys, sells, offers or solicits any interest therein, whether through
an agent or employee or otherwise, shall be guilty of a class B misdemeanor, and in
the enforcement of this subsection direct possession of any gambling record shall be
presumed to be knowing possession thereof.
(P.A. 73-455, S. 3; P.A. 74-221, S. 8; P.A. 75-54, S. 2, 3; P.A. 84-89, S. 1, 2; Jan. 6 Sp. Sess. P.A. 03-1, S. 2.)
History: P.A. 74-221 amended Subsec. (c) to replace former provisions requiring sale of forfeited property, allowing
transfer of liens against such property to proceeds of sale and requiring equal division of proceeds between general fund
of state and general fund of political subdivision whose officers made the seizure, with provisions requiring destruction
of property, disposition to charitable or educational institution or governmental agency or consideration as state property;
P.A. 75-54 amended Subsec. (c) to add provisions similar to those which existed prior to amendment of P.A. 74-221 re
rights of persons holding mortgages, liens, etc. against property to claim share of proceeds of sale, etc; P.A. 84-89 inserted
new Subsec. (e), exempting from criminal liability firms or corporations which manufacture gambling devices for out-of-state use provided they have approval to manufacture and transport from the public safety commissioner and relettered
former Subsec. (e) as Subsec. (f); (Revisor's note: In 1993 a reference to repealed Sec. 7-186m was replaced editorially
by the Revisors with a reference to Sec. 7-186l in Subsec. (d)); Jan. 6 Sp. Sess. P.A. 03-1 amended Subsec. (d) by deleting
reference to Sec. 7-186l and substituting reference to Sec. 7-186, effective January 7, 2003.
See footnotes to Sec. 53-278a.
Subsec. (c):
Cited. 196 C. 471, 479.
Subsec. (e):
Cited. 8 CA 673, 674.
Subsec. (f):
Cited. 196 C. 471, 474, 483.
Sec. 53-278d. Transmission of gambling information. (a) Any person who
knowingly transmits or receives gambling information by telephone, telegraph, radio,
semaphore or other means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information, shall be guilty of a class A misdemeanor.
(b) When any public utility is notified in writing by a law enforcement agency acting
within its jurisdiction that any service, facility or equipment furnished by it is being
used or will be used to violate this section, it shall, within ten days of receipt of such
notice, discontinue or refuse the furnishing of such service, facility or equipment, and
no damages, penalty or forfeiture, civil or criminal, shall be imposed against any public
utility for any act done in compliance with any such notice. Unreasonable failure to
comply with such notice shall be prima facie evidence of knowledge against such public
utility. Nothing in this subsection shall be deemed to prejudice the right of any person
affected thereby to secure an appropriate determination, as otherwise provided by law,
that such service, facility or equipment should not be discontinued, or removed, or should
be restored.
(c) Facilities and equipment furnished by a public utility in the regular course of
business, and which remain the property of such utility while so furnished, shall not be
seized pursuant to subsection (c) of section 53-278c except in connection with an alleged
violation of sections 53-278a to 53-278g, inclusive, by such public utility, and shall be
forfeited only upon conviction of such public utility therefor.
(d) Any person who subscribes to any telephone facility in a fictitious name for the
purpose of gambling shall be guilty of a class D felony.
(P.A. 73-455, S. 4.)
See footnotes to Sec. 53-278a.
Subsec. (a):
Cited. 3 CA 477, 479. Cited. 5 CA 634, 635. Cited. 8 CA 673, 674. Cited. 17 CA 587, 589.
Subsec. (b):
Cited. 8 CA 673, 674.
Sec. 53-278e. Gambling premises as nuisance. (a) All gambling premises are
common nuisances and shall be subject to abatement by injunction or as otherwise
provided by law. In any action brought under this subsection the plaintiff need not show
damage and may, in the discretion of the court, be relieved of all requirements as to
giving security.
(b) When any property or premise is determined by a court having jurisdiction to
be a gambling premise, the owner shall have the duty to terminate all interest of anyone
holding the same under him.
(c) When any property or premise, for which one or more licenses, permits or certificates issued by this state or any political subdivision or other public agency thereof are
in effect, is determined by a court having jurisdiction to be a gambling premise, all such
licenses, permits or certificates shall be void, and no license, permit or certificate so
voided shall be reissued for such property or premise for a period of sixty days thereafter.
All peace officers and all taxing and licensing officials of this state and its political
subdivisions and other public agencies shall enforce this subsection.
(d) Any person who, as owner, lessee, agent, employee, operator, occupant or otherwise, knowingly maintains or aids or permits the maintaining of a gambling premise
shall be guilty of a class A misdemeanor, and any person who does any act in violation
of this subsection within any locked, barricaded or camouflaged place or in connection
with any electrical or mechanical alarm or warning system or arrangement where a
lookout is used shall be guilty of a class D felony.
(P.A. 73-455, S. 5.)
See footnotes to Sec. 53-278a.
Sec. 53-278f. Persistent offenders. Any person who has been convicted of a violation of subsection (b) of section 53-278b, subsection (d) of section 53-278c, subsection
(a) of section 53-278d, or subsection (d) of section 53-278e or any statute predecessor
thereto may, upon any subsequent violation of said subsections, be prosecuted as a
persistent offender and on conviction may be subjected to the penalty of the next most
serious classification of offense, provided it shall be an affirmative defense to the charge
of being a persistent offender under this section if the defendant was pardoned on the
ground of innocence with respect to the prior conviction on which the state is relying.
(P.A. 73-455, S. 6.)
See footnotes to Sec. 53-278a.
Sec. 53-278g. Excepted activities. Training of casino personnel for employment. Testing gambling devices. (a) Nothing in sections 53-278a to 53-278g, inclusive,
shall be construed to prohibit the publication of an advertisement of, or the operation
of, or participation in, a state lottery, pari-mutuel betting at race tracks licensed by the
state, off-track betting conducted by the state or a promotional drawing for a prize or
prizes, conducted for advertising purposes by any person, firm or corporation other
than a retail grocer or retail grocery chain, wherein members of the general public may
participate without making any purchase or otherwise paying or risking credit, money,
or any other tangible thing of value.
(b) The Mashantucket Pequot tribe and the Mohegan Tribe of Indians of Connecticut, or their agents, may use and possess at any location within the state, solely for the
purpose of training individuals in skills required for employment by the tribe or testing
a gambling device, any gambling device which the tribes are authorized to utilize on
their reservations pursuant to the federal Indian Gaming Regulatory Act; provided no
money or other thing of value shall be paid to any person as a result of the operation of
such gambling device in the course of such training or testing at locations outside of
the reservation of the tribe. Any person receiving such training or testing such device
may use any such device in the course of such training or testing. Whenever either of
said tribes intends to use and possess at any location within the state any such gambling
device for the purpose of testing such device, the tribe shall give prior notice of such
testing to the Division of Special Revenue.
(P.A. 73-455, S. 7; P.A. 93-257; 93-435, S. 93, 95; P.A. 01-45.)
History: P.A. 93-257 added Subsec. (b) permitting training of individuals in skills required for employment by Mashantucket Pequot tribe; P.A. 93-435 changed effective date of P.A. 93-257 from October 1, 1993, to June 4, 1993, effective
June 28, 1993; P.A. 01-45 amended Subsec. (b) to add provisions re Mohegan Tribe and re testing gambling devices.
See footnotes to Sec. 53-278a.
Sec. 53-279. Transferred to Chapter 959, Sec. 54-33h.
Sec. 53-280. Billiard and pool rooms; permits. The first selectman of any town,
the chief of police of any city or the warden of any borough may grant permits to suitable
persons to conduct public billiard and pool rooms in such town, city or borough, as the
case may be, and may revoke any permit issued by him, for cause found after hearing.
The use of any billiard or pool table for the purpose of gaming within any billiard or
pool room, for the conduct of which a permit has been granted, or the carrying on
within such billiard or pool room of any game of chance shall be sufficient cause for
the revocation of such permit or for the refusal of a renewal of such permit. Each application for such a permit shall be in writing and shall describe the place where such billiard
or pool room is to be located and state the number of tables to be used therein and the
name of the proprietor thereof. Each such permit shall designate the place where such
business is to be carried on and shall continue in force for one year unless revoked. Each
person receiving such permit shall annually pay to the authority granting the same the
sum of ten dollars for the use of the municipality. Any person who conducts, maintains
or keeps open a public billiard or pool room without such permit shall be fined not more
than fifty dollars or imprisoned not more than six months or both.
(1949 Rev., S. 8657.)
Cited. 8 CA 290, 300-302.
Secs. 53-281 to 53-288. Billiard and pool rooms; closing. Loitering by minors
under eighteen. Keeping place where fowls or animals are fought. Penalty for attending fight of fowl or animals. Unlawful exhibition of sports or animals for gain.
Unlawful exhibitions near fair grounds. Endurance contests. Bribery in game, contest or sport. Acceptance of bribe by player. Sections 53-281 to 53-288, inclusive,
are repealed.
(1949 Rev., S. 8658-8665; February, 1965, P.A. 90; 1969, P.A. 828, S. 214; P.A. 94-43.)
See Sec. 53-247 re cruelty to animals.
See Secs. 53a-162, 53a-163 re rigging of sporting or other contests.
Sec. 53-289. Ticket scalping. No person shall sell, offer for sale or attempt to sell
any ticket, privilege or license of admission to an entertainment event, including, but
not limited to, any place of amusement, arena, stadium, theater, performance, sport,
exhibition or athletic contest given in this state, at a price greater than the price, including
tax, printed thereon, or at a price greater than the price fixed for admission, including
tax, and a reasonable service charge for services actually rendered not to exceed three
dollars. The owner or operator of the property on which such entertainment event is to
be held or is being held may authorize, in writing, any person to sell such ticket, privilege
or license of admission at a price in excess of that authorized under this section. Such
writing shall specify the price for which such ticket, privilege or license of admission
is to be sold. Any person violating any provision of this section shall be guilty of ticket
scalping. Ticket scalping is a class C misdemeanor for a first offense, a class A misdemeanor for a second offense and a class D felony for any subsequent offense. The sale
of each ticket, privilege or license of admission in violation of any provision of this
section shall constitute a separate offense.
(1949 Rev., S. 8666; P.A. 83-585; P.A. 84-546, S. 124, 173.)
History: P.A. 83-585 prohibited sale of tickets "to an entertainment event" including any "arena, stadium, theater" at
increased price, deleted the limitation that the event be given "under the auspices of an educational institution", authorized
a service charge not to exceed three dollars, authorized the owner or operator of the property to permit a person to sell a
ticket at a specified higher price, and replaced the penalty of a fine of not more than one hundred dollars or imprisonment
of not more than thirty days or both with a penalty of a class C misdemeanor, class A misdemeanor or class D felony
depending on whether it was, respectively, a first, second or subsequent offense; P.A. 84-546 made technical changes,
substituting "section" for "subsection" where appearing.
Cited. 217 C. 404-415. Appropriate to apply definition of criminal contempt under Sec. 53a-49 in determining whether
defendant violated section. 246 C. 721. Advertising is not prohibited by section and legislative history supports this conclusion. Id. Statute proscribes only conduct within the state; court will not apply a criminal statute extraterritorially without
significant indication that legislature intended that effect and the legislative history indicates it was not intended to apply
to out-of-state conduct. Id.
Sec. 53-289a. Disclosure in advertisements of service charge on tickets. No
person shall advertise the prices of tickets to any entertainment event, including, but
not limited to, any place of amusement, arena, stadium, theater, performance, sport,
exhibition or athletic contest given in this state for which a service charge is imposed
for the sale of a ticket at the site of the event, without conspicuously disclosing in such
advertisement, whether displayed at the site of the event or elsewhere, the total price
for each ticket and what portion of each ticket price, stated in a dollar amount, represents
a service charge.
(P.A. 91-152.)
Sec. 53-290. Lotteries prohibited; publication of promotional drawing. Section 53-290 is repealed.
(1949 Rev., S. 8667; 1955, S. 3306d; 1963, P.A. 516; 1971, P.A. 865, S. 21; P.A. 73-455, S. 9.)
Sec. 53-290a. Disclosures re promotional drawings. Any person who operates
a promotional drawing which is authorized by the provisions of section 53-278g shall
cause to be printed on each ticket or token of participation, in type not less than one-third the size of the largest type on such ticket or token, a disclosure of the actual number
and dollar amount of prizes to be awarded and the number of winners per each thousand
tickets or tokens to be distributed. Any person who operates a promotional drawing in
violation of the provisions of this section shall be fined not more than one thousand
dollars.
(1971, P.A. 83, S. 1; P.A. 73-455, S. 8.)
History: P.A. 73-455 replaced reference to Sec. 53-290, repealed by same act, with reference to Sec. 53-278g.
Secs. 53-291 to 53-300. Sale of property by lottery. Property disposed of by
hazard. Lottery tickets not to be sold. Drawing a lottery. Pool selling. Sporting
contest pools. Policy playing; gaming by use of lottery slips or tickets. Possession
of lottery tickets of other state or county. Gift enterprise forbidden. Work and
recreation on Sunday. Sections 53-291 to 53-300, inclusive, are repealed.
(1949 Rev., S. 8607, 8668-8676; 1951, S. 3302d; 1953, S. 3302d, 3307d; 1955, S. 3302d; 1957, P.A. 614, S. 2; 1959,
P.A. 85; 1961, P.A. 382; 528, S. 1, 2; 1963, P.A. 522; February, 1965, P.A. 154, S. 1; 383; 384; 1967, P.A. 202; 1969,
P.A. 34, S. 2; 216; 1971, P.A. 865, S. 22-27; 1972, P.A. 187, S. 16, 17; P.A. 73-455, S. 9; P.A. 76-415, S. 9; 76-435, S.
81, 82.)
See Sec. 53-278a et seq. re gambling, generally.
See note to Sec. 52-207.
Annotations to repealed section 53-300 concerning work and recreation on Sunday:
Under this section a loan of money made on Sunday cannot be recovered in a civil action. 35 C. 217. Contracts made
on Sunday are void. 37 C. 557. One hiring or driving horse on Sunday is liable for wilful or negligent injury. 40 C. 115.
Endorsement of note on Sunday is no defense against one not having knowledge. Id. 235. Statute excepting works of
necessity not construed as confining the exception to acts of absolute physical necessity. 50 C. 253. Party defrauded in
sale on Sunday cannot recover for fraud. 56 C. 335. Preceding oral negotiations made on Sunday do not invalidate written
contract subsequently made on weekday. 58 C. 395. History of this section. 66 C. 274; 68 C. 376. Sale of tickets to moving
picture theater on Sunday within section; charge considered. 80 C. 583. Real estate commission may be recovered though
contract to convey to seller was made on Sunday. 96 C. 305. If day set for doing an act which may not lawfully be done
on Sunday falls on Sunday, performance may be made on the next day. 90 C. 714; 100 C. 85. Section 26-73 prohibiting
shooting or hunting on Sunday held to be a game law rather than a Sunday law. 98 C. 702 et seq. Does not discriminate
among stores. All dealers of any particular item of merchandise are treated alike. 143 C. 502. Sale of antiques as distinguished
from other items held constitutional. 145 C. 554. Cited. 151 C. 547, 549. Bingo is a secular business which cannot be
conducted on Sunday. 154 C. 583. Agreement executed on Monday, although described as extension of contract previously
negotiated and executed on Sunday, held in fact new contract and reference to earlier agreement was to satisfy statute of
frauds. l55 C. 52. Cited. 177 C. 304, 309.
Contract void because made on Sunday cannot be ratified by later action. 14 CS 405. "Secular business" involves
passing of consideration and not making of gifts. 15 CS 349. Cited. 25 CS 174, 176. Prohibition on conduct of secular
business on Sundays is applicable to the adoption of zoning regulations by a town zoning commission. 31 CS 440-442.
Statute held unconstitutional due to its vagueness and ambiguity. Arrests and prosecutions under statute violated due
process and equal protection since statute was enforced in selective and discriminatory manner. 33 CS 55, 58, 59, 61, 62,
65, 66. Cited. Id., 141, 142. Trial court's conclusion that defendant had exposed for sale and required an employee to sell
items in violation of statute was not supported by the evidence. Id., 716-718, 721.
Meaning of "dancing" not so ambiguous as to render statute unconstitutional. 2 Conn. Cir. Ct. 372. History discussed.
Id., 586. Claim of defendant who was president, treasurer and majority stockholder of corporation that it was the corporation
and not he that kept the shop open on Sunday had no merit. Id. 587. Application of statute not limited to owners or those
having a financial interest in the business. 3 Conn. Cir. Ct. 36. Statute is valid exercise of police power and not contrary
to federal and state constitutions. 4 Conn. Cir. Ct. 488, 493, 494. Selling produce on Sunday to restaurant owners not work
of necessity or mercy or within retail dealers' exemption. Id., 490-492. Defendant not entitled to trial by jury for violation.
Id., 494.
Sec. 53-300a. Sunday real estate contracts valid. No provision of section 53-302a shall be construed to render invalid any contract for the sale or lease of real property
entered into on Sunday, and no such contract, entered into after October 1, 1967, shall
be deemed to be invalid solely because it was entered into on Sunday. This section shall
not affect any litigation pending in any court of this state on October 1, 1967.
(1967, P.A. 681, S. 1, 2; P.A. 76-415, S. 7; 76-435, S. 81, 82.)
History: P.A. 76-415 replaced reference to Sec. "53-300 or 53-302" with reference to Sec. 53-302a; P.A. 76-435 changed
effective date of P.A. 76-415 from October 1, 1976, to date of passage.
Cited. 177 C. 304, 309.
Sec. 53-301. Dealing in automobiles on Sunday. Section 53-301 is repealed, effective October 1, 2002.
(1949 Rev., S. 8607; 1951, 1953, 1955, S. 3302d; 1957, P.A. 614, S. 1; P.A. 02-89, S. 90.)
Sec. 53-302. Employment of labor on Sunday. Section 53-302 is repealed.
(1949 Rev., S. 8608; 1967, P.A. 888; 1969, P.A. 435; P.A. 76-415, S. 9; 76-435, S. 81, 82.)
Sec. 53-302a. Employment of labor on Sunday prohibited; exceptions. Sunday
sales. No person, firm or corporation shall engage in work, labor or business, or employ
others in work, labor or business on Sunday, except the following:
(a) Any enterprise whose activities are conducted solely for charitable or religious
purposes, or which are service organizations.
(b) Any federal, state, municipal or local governmental department or agency, or
its employees, acting in an official capacity.
(c) Any person, firm or corporation performing acts necessary for the public safety
or health.
(d) The sale or furnishing of any of the following items of personal property or
services by any person, firm or corporation in any of the businesses enumerated in
subsection (e), provided such person, firm or corporation sells such products or furnishes
such services in the ordinary course of its business: (1) Drugs, medical and surgical
supplies, or any object purchased on the prescription of a licensed practitioner for the
treatment of a patient; (2) toilet articles or any article used for personal cleanliness and
hygiene; (3) baby supplies; (4) ice; (5) newspapers, magazines, artists' supplies, films,
stationery and greeting cards; (6) any food products intended for human or animal consumption; (7) gasoline, fuel additives, lubricants, antifreeze and tires; (8) emergency
repair or replacement parts for motor vehicles, boats and aircraft; (9) emergency plumbing, heating, cooling and electrical repair and replacement parts and equipment; (10)
cooking, heating and lighting fuel; (11) tobacco products; and (12) antiques.
(e) The operation of any of the following businesses, provided such businesses may
sell only those items sold in the ordinary course of business of such businesses, unless
otherwise provided in this subsection, by any person, firm or corporation: (1) (A) Retail
food stores, in which no more than five persons, including the owner, if owner-operated,
are employed at one time in the conduct of business and which have less than five
thousand square feet not including storage facilities and ground space; (B) retail drug
stores, provided such stores shall be limited to the sale of items authorized in subdivisions
(1) to (6), inclusive, and (11) of subsection (d) of this section; and (C) servicing of
motor vehicles, motorcycles, boats and aircraft, but limited to the sale of items listed in
subdivision (7) and (8) of subsection (d) of this section, and emergency repairs to motor
vehicles, motorcycles, boats and aircraft; and provided further, each such store shall
post in such manner as to be clearly visible and easily read by customers a list of the
classes of goods which may be sold in or services rendered in such establishments; (2)
restaurants, cafeterias and other prepared food service organizations, whether food is
prepared for consumption on or off the premises where sold; (3) hotels, motels and other
lodging facilities; (4) medical services and other professional services on an emergency
basis; (5) ambulances and funeral services; (6) public services and utilities, manufacturing, processing and plant operations of such public services and utilities; (7) transportation by whatever means and supporting facilities; (8) cold storage warehousing; (9) ice
manufacturing and distributing; (10) necessary inspection, repair and maintenance of
equipment and machinery; (11) plant and industrial protection services and janitorial
services; (12) any business or industry which by its nature is required to be continuous;
(13) publishing, including the distribution of magazines and newspapers; (14) motion
picture theaters and the production of radio and television programs and theatrical entertainments; (15) sports, athletic events and the operation of entertainment and recreational
facilities and libraries; (16) sale or rental of boats, and swimming, fishing and boating
equipment; (17) scenic, historic and tourist attractions; (18) sale or lease of noncommercial property and mobile manufactured homes; (19) use by public of coin-operated laundries, of coin-operated dry cleaners, or other vending machines; (20) licensed commercial kennels or pet shops; (21) agriculture, including the operation of nurseries and
dairies; (22) athletic shops associated with and on the premises of athletic facilities
which operate on Sundays; (23) commercial facilities for the washing of motor vehicles,
motorcycles, boats or aircraft; and (24) manufacturing, including any allied operations
which are involved in the production of any product.
(f) This section shall not apply to isolated or occasional sales by persons not engaged
in the sale, transfer or exchange of property as a business.
(P.A. 76-415, S. 1; 76-435, S. 79, 81, 82; P.A. 78-329, S. 1; June Sp. Sess. P.A. 83-3, S. 1.)
History: P.A. 76-435 changed effective date of P.A. 76-415 from October 1, 1976, to date of passage; P.A. 78-329
specified applicability to firms or corporations and amended Subsec. (e) to include dairies in Subdiv. (21), to add Subdiv.
(24) re manufacturing businesses and to delete proviso in Subdiv. (1)(A) limiting stores to sale of "food products and
nonalcoholic beverages intended for human or animal consumption"; June Sp. Sess. P.A. 83-3 changed term "mobile
homes" to "mobile manufactured homes" in Subsec. (e)(18).
Proscription of business activities on Sunday held unconstitutional as violation of equal protection and due process.
177 C. 304-306, 309-313, 319, 322, 324, 325. Cited. 229 C. 312, 316.
Held unconstitutional. 33 CS 141.
Subdiv. (d):
Cited. 177 C. 304, 321-324.
Subdiv. (e):
Cited. 177 C. 304, 321-324.
Sec. 53-303. Persons who observe Saturday excepted from Sunday law. No
person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually refrains from work, labor or business on that day,
or who conscientiously believes that the Sabbath begins at sundown on Friday night
and ends at sundown on Saturday night, and actually refrains from work, labor or business during said period, shall be liable to prosecution for performing work, labor or
business on Sunday.
(1949 Rev., S. 8609; P.A. 76-415, S. 8; 76-435, S. 81, 82; P.A. 78-329, S. 6.)
History: P.A. 76-415 substituted "work, labor or business" for "secular business and labor" where appearing; P.A. 76-435 changed effective date of P.A. 76-415 from October 1, 1976, to date of passage; P.A. 78-329 deleted requirement that
person file written notice of Sabbath beliefs with prosecuting attorney of court having jurisdiction as condition of exemption
from liability for prosecution and deleted provision requiring that exemption applies "provided he shall not disturb any
other person who is attending public worship".
Cited. 73 C. 625; 143 C. 502. (Discussion of constitutionality of Sunday closing laws or Blue Laws. 177 C. 304 et seq.)
Cited. 177 C. 304, 309, 310.
Cited. 33 CS 717.
Cited. 4 Conn. Cir. Ct. 492.
Sec. 53-303a. Retail sales on certain holidays. Section 53-303a is repealed.
(1961, P.A. 421; 1963, P.A. 384; P.A. 76-415, S. 9; 76-435, S. 81, 82.)
Sec. 53-303b. Employment of labor and retail sales on certain holidays. (a)
The provisions of section 53-302a shall apply to Thanksgiving Day, Christmas, New
Year's Day, Memorial and Independence Day, or if any of said days is on Sunday, to
the Monday following, and to Labor Day.
(b) The provisions of section 53-302a shall not apply to the sale or furnishing of
personal property or services at retail by any retail stores not exempted under said section
53-302a, on those Sundays following the fourth Thursday in November and preceding
December twenty-fifth.
(P.A. 76-415, S. 2; 76-435, S. 81, 82; P.A. 78-329, S. 2.)
History: P.A. 76-435 changed effective date of P.A. 76-415 from October 1, 1976, to date of passage; P.A. 78-329
added Subsec. (b) re sales during Christmas shopping season.
(Discussion of constitutionality of Sunday closing laws or Blue Laws. 177 C. 304 et seq.) Cited. 177 C. 304, 309, 310.
Subsec. (b):
Cited. 177 C. 304, 310.
Sec. 53-303c. Penalties. Any person, firm or corporation who violates any provision of sections 52-207, 53-300a, 53-302a or 53-303 to 53-303e, inclusive, shall be
fined not more than one hundred dollars for the first offense; not more than five hundred
dollars for the second and each subsequent offense. Each violation shall constitute a
separate offense. Nothing in said sections shall be construed to permit any fine being
imposed upon any employee or agent who has been caused or directed by his employer
to violate the provisions of said sections.
(P.A. 76-415, S. 3; 76-435, S. 81, 82; P.A. 78-329, S. 3.)
History: P.A. 76-435 changed effective date of P.A. 76-415 from October 1, 1976, to date of passage; P.A. 78-329
specified applicability to firms and corporations.
(Discussion of constitutionality of Sunday closing laws or Blue Laws. 177 C. 304 et seq.) Cited. 177 C. 304, 309.
Sec. 53-303d. Injunction. Any of the following may petition the superior court
for the judicial district in which the violation occurs to enjoin any violations of section
53-302a or section 53-303b: (a) Any person engaged in work, labor or business prohibited or regulated by section 53-302a; (b) the Attorney General, or (c) any city or town
in which a violation occurs. As used in this section, the term "person" means an individual or a business, corporation, limited liability company, partnership, firm or other organization or group of persons. Persons entitled to injunctive relief include but are not
limited to persons competing with the defendant.
(P.A. 76-415, S. 4; 76-435, S. 81, 82; P.A. 78-329, S. 4; P.A. 82-472, S. 144, 183; P.A. 95-79, S. 179, 189.)
History: P.A. 76-435 changed effective date of P.A. 76-415 from October 1, 1976, to date of passage; P.A. 78-329
entirely replaced previous section which read: "Any individual, aggrieved by a violation of sections 52-207, 53-300a, 53-302a or 53-303 to 53-303e, inclusive, may petition the court of common pleas in the county or judicial district in which
the violation occurs to enjoin such violation"; P.A. 82-472 deleted obsolete reference to counties; P.A. 95-79 redefined
"person" to include a limited liability company, effective May 31, 1995.
(Discussion of constitutionality of Sunday closing laws or Blue Laws. 177 C. 304 et seq.) Cited. 177 C. 304, 309-312.
Sec. 53-303e. More than six days employment in calendar week prohibited.
Employee observance of Sabbath. Employee remedies. (a) No employer shall compel
any employee engaged in any commercial occupation or in the work of any industrial
process to work more than six days in any calendar week. An employee's refusal to work
more than six days in any calendar week shall not constitute grounds for his dismissal.
(b) No person who states that a particular day of the week is observed as his Sabbath
may be required by his employer to work on such day. An employee's refusal to work
on his Sabbath shall not constitute grounds for his dismissal.
(c) Any employee, who believes that his discharge was in violation of subsection
(a) or (b) of this section may appeal such discharge to the State Board of Mediation and
Arbitration. If said board finds that the employee was discharged in violation of said
subsection (a) or (b), it may order whatever remedy will make the employee whole,
including but not limited to reinstatement to his former or a comparable position.
(d) No employer may, as a prerequisite to employment, inquire whether the applicant observes any Sabbath.
(e) Any person who violates any provision of this section shall be fined not more
than two hundred dollars.
(P.A. 76-415, S. 5; 76-435, S. 81, 82.)
History: P.A. 76-435 changed effective date of P.A. 76-415 from October 1, 1976, to date of passage.
(Discussion of constitutionality of Sunday closing laws or Blue Laws. 177 C. 304 et seq.) Cited. 177 C. 304, 309.
Decision that Subsec. (b) is violative of establishment clause does not extend to other provisions of statute. 191 C. 336-347.
Subsec. (a):
Cited. 191 C. 336, 341. Cited. 229 C. 312, 324.
Subsec. (b):
Statute did not pass the "clear secular purpose" test of establishment clause scrutiny. (U.S. Const. Amdts. Art. I). 191
C. 336, 341, 346-351.
Subsec. (c):
Cited. 191 C. 336, 341, 350.
Sec. 53-303f. Lease provisions requiring Sunday openings prohibited. Section
53-303f is repealed.
(P.A. 78-329, S. 5; P.A. 79-415, S. 2.)
Sec. 53-303g. Transferred to Chapter 830, Sec. 47a-4b.
Sec. 53-304. Nonsupport. Support orders and agreements. Administration of
oaths by family relations counselors and support enforcement officers. (a) Any
person who neglects or refuses to furnish reasonably necessary support to the person's
spouse, child under the age of eighteen or parent under the age of sixty-five shall be
deemed guilty of nonsupport and shall be imprisoned not more than one year, unless
the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, the person is unable to furnish such support. The court may
suspend the execution of any community correctional center sentence imposed, upon
any terms or conditions that it deems just, may suspend the execution of the balance of
any such sentence in a like manner, and, in addition to any other sentence or in lieu
thereof, may order that the person convicted shall pay to the Commissioner of Administrative Services directly or through Support Enforcement Services of the Superior Court,
such support, in such amount as the court may find commensurate with the necessities
of the case and the ability of such person, for such period as the court shall determine.
Any such order of support may, at any time thereafter, be set aside or altered by the
court for cause shown. Failure of any defendant to make any payment may be punished
as contempt of court and, in addition thereto or in lieu thereof, the court may order the
issuance of a wage withholding in the same manner as is provided in section 17b-745,
which withholding order shall have the same precedence as is provided in section 52-362. The amounts withheld under such withholding order shall be remitted to the Department of Administrative Services by the person or corporation to whom the withholding
order is presented at such intervals as such withholding order directs. For the purposes
of this section, "child" includes one born out of wedlock whose father has acknowledged
in writing his paternity of such child or has been adjudged the father by a court of
competent jurisdiction.
(b) Any person who violates any provision of this section may be prosecuted before
any court of this state in the same manner as if such offense had been committed within
the territorial jurisdiction of such court.
(c) A written agreement to support or any modification of an agreement to support
filed with said court or the assistant clerk of the Family Support Magistrate Division
shall have the same force and effect as an order of support by the Superior Court and
shall be enforceable in the same manner as is provided herein for orders of support
issued by the court.
(d) Family relations counselors and support enforcement officers employed by the
Judicial Department may administer oaths in all affidavits, statements, complaints and
reports made to or by such family relations counselors and support enforcement officers
in the performance of their duties.
(1949 Rev., S. 8586; 1955, S. 3295d; 1957, P.A. 158; 1959, P.A. 115, S. 4; 308; 1963, P.A. 497; 1967, P.A. 746, S. 6;
1969, P.A. 297; 1971, P.A. 290; 1972, P.A. 127, S. 76; P.A. 74-183, S. 122, 291; P.A. 76-436, S. 512, 681; P.A. 78-331,
S. 33, 58; P.A. 80-56, S. 1, 2; P.A. 83-295, S. 18; P.A. 86-359, S. 37, 44; P.A. 90-213, S. 43, 56; P.A. 93-396, S. 11; P.A.
00-68, S. 6; P.A. 01-91, S. 27; P.A. 02-132, S. 28; P.A. 04-257, S. 82.)
History: 1959 acts provided bond may be executed to state treasurer and that provisions of section 17-323a shall apply
to this section; 1963 act amended Subsec. (a) to provide person shall be deemed guilty of nonsupport instead of a felony,
deleted 1959 provision re section 17-323a and requirements re execution of bond when sentence suspended, provided for
payment through family relations division of circuit court, provisions in Subsec. (a) authorizing court to set aside or alter
support order, empowering court to act upon defendant's failure to make payments and defining "child" and added Subsec.
(c) re force and effect of agreements to support made with family relations division of circuit court; 1967 act limited support
obligation for children and parents to those under twenty-one and sixty-five, respectively; 1969 act substituted "community
correctional center" for "jail"; 1971 act changed wording of Subsec. (c), re modifications of agreements, for clarity and
deleted requirement that circuit court judge must approve agreements made between family relations division and relative
after "examination of such relative in court or in chambers" for provisions to apply; 1972 act changed applicable age of
children from twenty-one to eighteen reflecting changed age of majority; P.A. 74-183 replaced family relations division
with family relations office and circuit court with court of common pleas, reflecting reorganization of judicial system,
effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, reflecting transfer of all trial
jurisdiction to superior court, effective July 1, 1978; P.A. 78-331 substituted "spouse" for "wife", removing unnecessary
distinctions as to sex; P.A. 80-56 added Subsec. (d) empowering family relations officers to administer oaths; P.A. 83-295 amended Subsecs. (a) and (c) by replacing "family relations office" with "family services unit or support enforcement
services unit" and amended Subsec. (d) by replacing "family relations officers and assistant family relations officers" with
"family relations caseworkers and support enforcement officers"; P.A. 86-359 amended Subsec. (c) by changing "family
services unit or support enforcement services unit" to "family division" and adding "or the assistant clerk of the family
support magistrate division"; P.A. 90-213 changed office to which payments are to be made from the family services unit
to the commissioner of administrative services or through the support enforcement division and changed family services
unit or support enforcement services unit to the bureau of collection services in Subsec. (a), in Subsec. (c) changed family
division to support enforcement division and made technical change in Subsec. (d); P.A. 93-396 made technical changes,
substituting references to withholdings for references to executions; P.A. 00-68 amended Subsec. (a) to substitute "Department of Administrative Services" for "bureau of collection services" and make technical changes for purposes of gender
neutrality; P.A. 01-91 changed "the Support Enforcement Division" to "Support Enforcement Services" in Subsecs. (a)
and (d); P.A. 02-132 amended Subsec. (d) by replacing "family relations caseworkers" with "family relations counselors",
deleting references to "Family Division", "Support Enforcement Services" and "the Superior Court", adding provision re
employed by the Judicial Department and making a technical change; P.A. 04-257 made technical changes in Subsec. (a),
effective June 14, 2004.
See Sec. 46b-215 re obligation of relatives to furnish support.
See Sec. 46b-219 re child's freedom from obligation to support a parent who had earlier deserted the child.
See Sec. 51-348a re prosecution for nonsupport in geographical area of Superior Court.
Generally. 41 C. 433. Adultery of wife sufficient defense. 57 C. 539; 100 C. 731. What facts justify wife in leaving
husband; burden of proof. 91 C. 6. Venue of action is ordinarily place of husband's residence, since wife's residence
follows that of her husband. 93 C. 363. Husband's duty is to support wife at his residence but not elsewhere. Id. Information
in words of statute sufficient; measure of support varies with circumstances of parties. 99 C. 119; 100 C. 730. When wife's
misconduct will relieve husband of this duty. Id., 731. Unjustifiable abandonment suspends duty; facts held to warrant
conclusion of unjustifiable abandonment. 107 C. 108. Payments set forth in bond for support must be met even though
wife has not been furnished help by town to whom bond was given. 94 C. 247. Recognizance is a sufficient bond within
the statute. 110 C. 171. Taking it directly to city instead of to treasurer does not invalidate it. Id. Wife must have adequate
justification, in declining to live with husband, to entitle her to separate support; justification is a question for each case
on its own circumstances. 124 C. 382. Provision for prosecution in any court of state, held constitutional. 129 C. 570.
Former statute cited. 110 C. 479; 152 C. 471(fn). Husband entitled to show wife's conduct has forfeited any claim by her
for support by him. 142 C. 377. Once a child reaches age eighteen, parents no longer have legal duty re support. 168 C.
144. Cited. 196 C. 403, 407, 408. Cited. 216 C. 85, 96.
Cited. 4 CS 144; 5 CS 225; 13 CS 268; 15 CS 177. While wife necessarily benefits, the purpose of the statute is to
protect the public purse. 14 CS 128. Existence of this section is not grounds for denying relief in an equitable action for
support. 16 CS 68. Cited. 34 CS 281, 282; id., 284, 286, 287; 35 CS 130, 133.
If husband and wife mutually assent to separate, husband not relieved of responsibility to support. 2 Conn. Cir. Ct. 218.
Where, in a case under this statute, defendant claims he was indigent so the court should have appointed counsel to him,
but the court could not question him as to his earnings, it is incumbent on him to persuade the court that he was entitled
to appointed counsel. 3 Conn. Cir. Ct. 624, 636. Legislative history discussed. 4 Conn. Cir. Ct. 544. Crime of nonsupport
does not require guilty or criminal intent. Id. Defendant could not himself move to modify support order made upon his
written agreement to contribute to support of his three minor children after he had been charged with crime of nonsupport.
6 Conn. Cir. Ct. 24.
Subsec. (a):
Cited. 234 C. 194, 210.
Sec. 53-305. Bond on appeal. If the accused appeals, such court, in addition to
requiring a recognizance or appearance bond, may order such accused to give a bond
conditioned for his furnishing support pending the determination of such appeal.
(1949 Rev., S. 8587; 1967, P.A. 656, S. 55.)
History: 1967 act deleted obsolete references to bonds under section 53-304.
Sec. 53-306. Failure to comply with terms or make payment. If any person convicted under section 53-304 fails to comply fully with the terms and conditions imposed
under the provisions of said section or to make any payment required by any bond given
pursuant to an appeal under section 53-305, the suspension of the execution of any
community correctional center sentence imposed may be revoked and such person may
be committed, and any such action shall not affect the validity of any such bond.
(1949 Rev., S. 8588; 1967, P.A. 656, S. 56; 1969, P.A. 297.)
History: 1967 act deleted obsolete references to bond under section 53-304 and added provisions re bond given under
section 53-305; 1969 act substituted "community correctional center" for "jail".
Sec. 53-307. Jurisdiction. Section 53-307 is repealed.
(1949 Rev., S. 8589; 1959, P.A. 28, S. 204.)
Sec. 53-308. Forfeited bonds in nonsupport cases. When any bond or recognizance conditioned for the appearance of any person accused in any information or complaint charging a violation of any of the provisions of section 53-304 becomes forfeited
or whenever any person convicted under the provisions of said section gives a bond and
fails to comply with the provisions of the same, the court before which such information
or complaint is pending or in which such conviction was had, upon collection or settlement of such forfeited bond or recognizance, may order the avails or any portion thereof
to be paid to the spouse or for the support of the children or both, in such manner and
installments as such court may find reasonable, or may order the avails or any portion
thereof to be paid to the selectmen of the town, Support Enforcement Services of the
Superior Court, or the Commissioner of Administrative Services, who shall administer
the same for the benefit of the spouse or children or both, as they or he may find reasonable.
(1949 Rev., S. 8590; 1959, P.A. 28, S. 136; 1967, P.A. 138; 1969, P.A. 447, S. 4; 730, S. 14; 1971, P.A. 171; P.A. 74-183, S. 123, 291; P.A. 76-436, S. 513, 681; P.A. 77-614, S. 70, 610; P.A. 78-331, S. 34, 58; P.A. 93-396, S. 12; P.A. 01-91, S. 28.)
History: 1959 act deleted references to trial justices which were abolished; 1967 act deleted reference to giving a bond
under section 53-304; 1969 acts replaced welfare commissioner with commissioner of finance and control; 1971 act
authorized payments to family relations division of circuit court; P.A. 74-183 replaced family relations division of circuit
court with family relations office of court of common pleas, reflecting reorganization of judicial system, effective December
31, 1974; P.A. 76-436 replaced court of common pleas with superior court, reflecting transfer of all jurisdiction to superior
court, effective July 1, 1978; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-331 substituted "spouse" for "wife" eliminating unnecessary distinction based on sex; P.A. 93-396 replaced reference to family relations office with support enforcement division; P.A. 01-91 changed "the Support
Enforcement Division" to "Support Enforcement Services".
Secs. 53-309 to 53-311. Abandonment. Combination to increase price of necessities. Issuing currency; bills of credit. Sections 53-309 to 53-311, inclusive, are repealed.
(1949 Rev., S. 8591, 8611, 8612; 1949, S. 3296d; 1969, P.A. 828, S. 214; 1971, P.A. 608, S. 22.)
See Secs. 35-24 et seq. re Connecticut Antitrust Act.
See Sec. 53-23 re abandonment of child.
See Secs. 53-304 to 53-308, inclusive, re nonsupport cases.
See Sec. 53a-137 for definitions applicable to forgery and related offenses.
See Sec. 53a-142 re forgery of symbols.
Sec. 53-311a. Distribution of unsolicited credit cards, charge plates. (a) No
person, company, partnership or corporation shall engage in the practice of mailing or
the distribution in any form of any credit card, charge plate or any like instrument or
device to any other person, firm or corporation unless such other person, firm or corporation has previously made a request therefor in writing or verbally.
(b) Any person, company, partnership or corporation which violates the provisions
of subsection (a) of this section shall be fined not more than one hundred dollars for
each card, plate, instrument or device so mailed or distributed.
(c) The provisions of this section shall not apply to the renewal of any credit card,
charge plate or like instrument or device unless the recipient has previously indicated
in writing his intention that such renewal not be effected nor shall it apply to the replacement of any such instrument or device by the issuer thereof during the period such
instrument or device is in effect.
(1969, P.A. 136, S. 1.)
Sec. 53-312. False statements of the value of stocks, bonds and other property.
Section 53-312 is repealed.
(1949 Rev., S. 8613; 1969, P.A. 591, S. 3.)
Sec. 53-313. "Bucket shop"; definition. A bucket shop, within the meaning of
this section and section 53-314, is defined to be an office, store or other place wherein
the proprietor or keeper thereof, either in his or its own behalf, or as the agent or correspondent of any other person, corporation, association or copartnership within or without
the state, conducts the business of making or offering to make contracts, agreements,
trades or transactions respecting the purchase or sale or purchase and sale of any stocks,
grain, provisions or other commodity or personal property, wherein both parties thereto,
or such proprietor or keeper, contemplates or intends that such contracts, agreements,
trades or transactions shall be or may be closed, adjusted or settled according to, or
upon the basis of, the public market quotations of prices made on any board of trade
or exchange upon which the commodities or securities referred to in such contracts,
agreements, trades or transactions are dealt in, and without a bona fide transaction on
such board of trade or exchange; or wherein both parties, or such keeper or proprietor,
contemplate or intend that such contracts, agreements, trades or transactions shall be,
or may be deemed, closed or terminated when the public market quotations of prices
made on such board of trade or exchange for the articles or securities named in such
contracts, agreements, trades or transactions reach a certain figure; also, any office, store
or other place in which the keeper or proprietor thereof, either in his or its own behalf,
or as an agent as aforesaid, makes or offers to make, whether such offer is accepted or
not, contracts, trades or transactions with others for the purchase or sale of any such
commodity, wherein the parties thereto do not contemplate the actual or bona fide receipt
or delivery of such property, but contemplate a settlement thereof based upon differences
in the price at which such property is claimed to be bought and sold.
(1949 Rev., S. 8614.)
Sec. 53-314. Keeping bucket shop. No corporation, association, copartnership or
person shall keep or cause to be kept any bucket shop; and any person or corporation,
whether acting individually, or as a member of, or an officer, agent or employee of, any
corporation, association or copartnership, who or which keeps or assists in the keeping
of any bucket shop shall, upon conviction thereof, be fined not less than five hundred
and not more than one thousand dollars, or be imprisoned in a community correctional
center until such fine is paid, provided such imprisonment shall not continue for more
than one year; and any person or persons who are found guilty of a second offense under
this section and sections 53-315 and 53-316 shall, in addition to the penalty hereinbefore
prescribed, be imprisoned not less than sixty days nor more than one year, and any
corporation