Connecticut Seal

General Assembly

 

Raised Bill No. 5211

February Session, 2006

 

LCO No. 982

 

*_____HB05211GL____041106____*

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, 2006) (a) No person having possession of, or exercising dominion and control over, any dwelling unit or private property shall (1) knowingly permit any minor 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 any minor possesses 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 subsection, "minor" means a person under twenty-one years of age.

(b) Any person who violates the provisions of subsection (a) of this section shall, for a first offense, have committed an infraction and, for any subsequent offense, be fined not more than five hundred dollars or imprisoned not more than one year, 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 Subsection (b) of section 30-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(b) 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] on public or private property shall, for a first offense, have committed an infraction and, for any subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars. The provisions of this subsection shall not apply to (1) 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) a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) 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. Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.

Sec. 3. Subsection (b) of section 30-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(b) (1) Any permittee or any servant or agent of a permittee who sells or delivers alcoholic liquor to any minor [,] or [to] any intoxicated person, or to any habitual drunkard, knowing the person to be such an habitual drunkard, shall be subject to the penalties of section 30-113.

(2) Any person who sells, ships, delivers or gives [any such liquors to such] alcoholic liquor to a minor, by any means, including, but not limited to, the Internet or any other on-line computer network, except on the order of a practicing physician, shall be fined not more than one thousand five hundred dollars or imprisoned not more than eighteen months, or both.

(3) The provisions of this [section] subsection shall not apply [(1)] (A) to a sale, shipment or delivery made to a person over age eighteen who is an employee or permit holder under section 30-90a and where such sale, shipment or delivery is made in the course of such person's employment or business, [(2)] (B) to a sale, shipment or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card issued in accordance with the provisions of section 1-1h, as amended, who uses or exhibits any such identity card belonging to any other person or who uses or exhibits any such identity card that has been altered or tampered with in any way, or [(3)] (C) to a shipment or delivery made to a minor by a parent, guardian or spouse of the minor, provided such parent, guardian or spouse has attained the age of twenty-one and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.

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

(5) Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2006

New section

Sec. 2

October 1, 2006

30-89(b)

Sec. 3

October 1, 2006

30-86(b)

JUD

Joint Favorable

 

GL

Joint Favorable