You asked if police are required to report to the Liquor Control Division the unlawful sale of alcohol to a minor if that minor was subsequently involved in a car accident and, if not, what may be done.

SUMMARY

The law does not require police officers to report to the Liquor Control Division when responding to an accident scene involving a minor who may have been served alcohol. However, the division does accept and many police departments will report incidents where a business can be identified and there is strong evidence of wrongdoing.

Under current law, residents may file a remonstrance (citizen complaint) with the Department of Consumer Protection (DCP) stating any objection they may have about the suitability of a permit renewal applicant for a liquor permit. The legislature could amend the law to require the police to notify the division when there is an allegation that a licensed seller of alcohol has sold or provided alcohol to a minor. The legislature could also permit citizen complaints not connected with an application or renewal.

REPORTING TO THE LIQUOR CONTROL DIVISION

John Suchy, director of Liquor Control Division of DCP, confirmed that law enforcement officials are not required to report cases where a minor may have been served alcohol, but that the division does accept referrals where death or serious injury occurred and the business can be identified.

Chief Douglas Dortenzio, President of the Connecticut Police Chiefs Association, stated that departments use a fact-specific analysis to determine whether to file a civil referral to the Liquor Control Division or a criminal complaint, based on the strength of the evidence gathered by officers at the scene. Generally, departments consider whether they can prove the assertion that the accused establishment actually served alcohol to the minor, relying upon an admission from someone involved in the incident.

REMONSTRANCE HEARING

The law allows a group of 10 or more residents over age 18 to file a remonstrance with the DCP stating any objection they may have about the suitability of an applicant for an liquor permit or the proposed place of business. A remonstrance must be filed within three weeks after the last day that the permit applicant's notice was published. If a remonstrance is filed, the department must hold a public hearing after giving at least five days notice. The department's decision on the petition is final (CGS § 30-39).

MR: df