CHAPTER 946
OFFENSES AGAINST PUBLIC POLICY

      Secs. 53-255 to 53-258. Misuse of the flag. Merchandise not to have representation of flag. Exceptions. Display of mutilated United States flag. Sections 53-255 to 53-258, inclusive, are repealed.

      (1949 Rev., S. 8581-8584; 1969, P.A. 828, S. 214.)

      See Sec. 53-258a for successor provisions.

      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 Sections 53-259 to 53-263, inclusive, are repealed.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. Cited. 125 C. 121. Whether articles used in violating this section could be seized under former section 54-33. 126 C. 432. Cited. Id. History of section; expresses an ancient and deep-rooted public policy. 134 C. 55, 56. Cited. 151 C. 537.

      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. Id., 250. Cited. 124 C. 164. Use must be frequent, customary, common or habitual, and a single act of gaming is insufficient to prove a violation. 128 C. 149. Cited. 152 C. 716.

      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. Cited. 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. 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. Cited. 150 C. 221, 228, 229. Cited. 151 C. 455. Cited. 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. To constitute a violation of this section, the actual making of bets is not required. Id., 507. Proof of a single wager, without further facts and circumstances indicative of pool selling, is insufficient to establish a violation. 23 CS 13. Cited. 24 CS 70. Section is directed against that form of pool-gambling which includes bets on results of horse races and other specified events. Id., 251. Section reaches anyone "concerned" with prohibited act, whether through part performance of it or by use of an accomplice. Id.

      Cited. 1 Conn. Cir. Ct. 177; Id., 534. 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. Id., 96; Id., 103; Id., 235; Id., 641. Cited. 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. Cited. 132 C. 47. 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. 149 C. 569, 570, 577. Cited. 152 C. 87. No specific intent required as element of crime. Id., 585. Cited. 153 C. 129. 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. Cited. 22 CS 437. 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. Id., 475. Cited. 23 CS 405. Something more than proof of suspicious circumstances is needed to sustain a conviction. Id., 480. Cited. 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. Cited. 4 Conn. Cir. Ct. 165; Id., 221; Id., 422; Id., 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; Id., 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; Id., 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. Cited. 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:

      Proposal to combine live racing broadcasts with advertisements for telephone wagering does not contravene state's public policy against gambling. 278 C. 150.

      Subdiv. (5):

      Cited (erroneously as Sec. 52-278a(5)). 196 C. 471.

      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. Cited. 5 CA 634. Cited. 8 CA 290. Cited. 35 CA 333.

      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.

      Subsec. (b):

      Cited. 17 CA 587.

      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.

      Subsec. (e):

      Cited. 8 CA 673.

      Subsec. (f):

      Cited. 196 C. 471.

      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. Cited. 5 CA 634. Cited. 8 CA 673. Cited. 17 CA 587.

      Subsec. (b):

      Cited. 8 CA 673.

      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.

      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. 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. 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. Real estate commission may be recovered though contract to convey to seller was made on Sunday. 96 C. 305. 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.

      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. Prohibition on conduct of secular business on Sundays is applicable to the adoption of zoning regulations by a town zoning commission. 31 CS 440. 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. Cited. Id., 141. 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.

      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.

      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. Cited. 229 C. 312.

      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.

      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.) Cited. 177 C. 304.

      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.

      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.

      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. Decision that Subsec. (b) is violative of establishment clause does not extend to other provisions of statute. 191 C. 336.

      Subsec. (a):

      Cited. 229 C. 312.

      Subsec. (b):

      Statute did not pass the "clear secular purpose" test of establishment clause scrutiny. (U.S. Const. Amdts. Art. I). 191 C. 336.

      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. 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. 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. 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. Former statute cited. Id., 479. 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. Husband entitled to show wife's conduct has forfeited any claim by her for support by him. 142 C. 377. Former statute cited. 152 C. 471(fn). Once a child reaches age eighteen, parents no longer have legal duty re support. 168 C. 144. Cited. 196 C. 403. Cited. 216 C. 85.

      Cited. 4 CS 144. Cited. 5 CS 225. Cited. 13 CS 268. While wife necessarily benefits, the purpose of the statute is to protect the public purse. 14 CS 128. Cited. 15 CS 177. Existence of this section is not grounds for denying relief in an equitable action for support. 16 CS 68. Cited. 34 CS 281; Id., 284. Cited. 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.

      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 convicted of such second offense shall be liable to forfeiture of its charter. The continuance of any such establishment after a first conviction shall be deemed a second offense.

      (1949 Rev., S. 8615; 1969, P.A. 297.)

      History: 1969 act substituted "community correctional center" for "jail".