October 7, 2003 98-R-0403

FROM: Lawrence K. Furbish, Assistant Director

Chelsea Turner, Legislative Fellow

Judy Watson, Legislative Fellow

RE: Controlling Access to Alcohol by Minors

You asked about innovative methods other states are using to keep minors from having access to alcohol. You are particularly interested in laws that would make a building owner liable for the actions of minors who consume alcohol on the premises and that allow the police to transport an intoxicated minor when they cannot reach the minor's parents. Because of time limitations we only surveyed the New England states, but we also obtained information from the National Conference of State Legislatures (NCSL).

SUMMARY

Connecticut law prohibits minors from purchasing or possessing alcohol in public places but not from possessing it in private settings or from consuming it. Most states prohibit minors from possessing alcohol anywhere and from consuming it.

At least 17 states by statute make a host who serves alcohol to minors in a private setting potentially liable for the acts of the minors in some circumstances. Connecticut does not have such a statute, but under our common law such hosts may be liable in certain circumstances.

We did not find a law or bill concerning transportation by police but we identified statutes or bills currently pending in six states that deal with the issue of minors' access to alcohol. Iowa requires a police officer who finds an intoxicated minor to inform the minor's parent. Maine and Michigan have laws that bar minors from most types of contact with alcoholic beverages, including possession, consumption, and attempted purchase. New Jersey subjects a parent who fails to supervise a minor to a fine after a second alcohol- related offense. In Vermont a landlord can sometimes be liable when a tenant supplies alcoholic beverages to a minor, and in Wisconsin someone who knowingly gives alcohol to a minor who dies or is gravely injured can be subject to a criminal penalty.

A bill in California would increase the penalties for the various offenses involving minors and drinking. A Florida bill would make permittees liable if they knowingly serve a minor, and a bill in New Jersey would prohibit minors from possessing alcoholic beverages in public places and impose community service on offenders. In Connecticut several bills are pending in the General Law Committee on this issue. One would prohibit possession in private residences, one would bar minors from working in establishments that sell or serve liquor, one would more closely regulate delivery liquor sales, and one would create a task force on ID issues.

The Robert Wood Johnson Foundation and NCSL are conducting a project to reduce minors' access to alcoholic beverages, and the material they develop may be of interest in the future should you wish to pursue this issue.

CONNECTICUT

Although Connecticut law prohibits minors from possessing liquor in public places (CGS § 30-89b), purchasing liquor and making false statements to purchase liquor (CGS § 30-89), and misrepresenting their age to purchase liquor (CGS § 30-88a), it does not prohibit them from possessing liquor in private places or from consuming liquor. The attached OLR report (96-R-0574) states that 33 states prohibit minors (anyone under age 21) from possessing alcoholic beverages anywhere. The attached NCSL chart indicates that 35 states prohibit minors from consuming alcohol.

At least 17 states have what are called social host laws that make people who serve alcohol liable, in some circumstances, for injuries that result from the actions of the people they have served. The attached NCSL chart shows the status of state laws on social hosts as well as dram shop liability laws (similar provisions applying to commercial establishments that serve alcohol). Connecticut does not have a social host law, but it does have common law under which people who serve liquor to minors can be civilly liable in some circumstances. If you would like more information on the Connecticut common law on this topic, please let us know.

Four bills are currently before the General Law Committee that deal with minors' access to alcohol. HB 5449 prohibits minors from possessing alcoholic beverages in private residential dwellings. HB 5440 prohibits minors from working for liquor permittees. HB 5217 requires permittees delivering alcoholic beverages off the permit premises to verify the identity and age of the recipient and obtain his signature upon delivery. SB 194 establishes a task force to study methods of providing retail sellers of alcoholic beverages access to Department of Motor Vehicle age information for purposes of verifying age. Regarding this last topic, we have attached a copy of 98-R-0276, which describes a method used in some other states to encode certain license information in a magnetic strip or bar code that can then be read electronically by liquor retailers to check the age information.

OTHER STATES' LAWS

A peace officer must make a reasonable effort to identify a minor found in possession of alcohol, and if the minor is not referred to juvenile court, the officer must make a reasonable effort to notify the minor's parents or guardian, regardless of whether or not the minor has been arrested or given a citation (Iowa Code Ann. § 123.47B). The officer does not have to make the notification if he believes it is not in the minor's best interest or will endanger him. If the minor is taken into custody, the juvenile court officer must make a reasonable effort to notify the superintendent of schools where the minor attends school of the situation. A reasonable attempt includes, but is not limited to a telephone call or first-class mail notice.

A minor is prohibited from: (1) purchasing liquor; (2) consuming liquor, except in a home in the presence of a parent or guardian; (3) having liquor in his possession in a licensed premises; (4) presenting any fraudulent evidence of age to purchase liquor or obtain entrance to a licensed premises; (5) possessing a false identification card; and (6) possessing liquor except in the scope of employment or in a home with his parent or guardian (Me. Rev. Stat. Ann. Tit. 28A § 2051).

Anyone under age 21 is prohibited from purchasing, attempting to purchase, consuming, attempting to consume, possessing, or attempting to possess alcoholic liquor except for specific exemptions (Mich. Stat. Ann. § 18.1004(2)). The statutory exemptions include possession as part of employment, consumption as part of a course in an accredited secondary educational institution, consumption of wine in connection with religious services in a church, and purchasing as part of an undercover law enforcement operation.

The law requires written notification of a parent or guardian when anyone under age 18 is found guilty of violating the liquor laws. A parent, guardian, or person having legal custody of the minor is subject to a $500 fine if, upon a second violation, it is shown that the parent or guardian "failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18” (N. J. Stat. Ann.§ 33:1-81.1a).

If intoxicating liquor is sold or furnished to a minor in a rented building, the owner of the building as well as the person selling or furnishing the liquor may be liable in a civil lawsuit (Vt. Stat. Ann. Tit 7, § 501). He may be liable if he knew or had reason to know that the intoxicating liquor was sold or furnished by the tenant.

The law states that no adult "may knowingly permit or fail to take action to prevent illegal consumption of alcoholic beverages by an underage person on premises owned by the adult or under the adult's control"(Wis. Stat. Ann. § 125.07). This provision does not apply to alcoholic beverages used exclusively as part of a religious service. Anyone who procures alcohol or sells it or gives it to a minor knowing that he is underage and the minor subsequently dies or suffers great bodily harm from the alcohol, is subject to criminal penalties, including a fine of up to $10,000, imprisonment for up to nine months, or both if the minor is under age 12 (Wis. Stat. Ann. § 125.075). If the minor is age 12 or over, the penalty is a fine of up to $1,000, imprisonment for up to 90 days, or both.

OTHER STATES' CURRENT BILLS

California Assembly Bill 1002 would increase the penalties for many of the offenses covering the sale or purchase of alcoholic beverages to minors. It would also add community service to the required elements of probation for any minor convicted of these offenses.

In Florida H 1535 makes any licensed person who knowingly sells, gives, or otherwise furnishes alcoholic beverages to a minor liable for any injury or damage caused by the minor, if he should have known through reasonable procedures that the minor was underage.

In New Jersey NJA 1328 prohibits the possession or consumption of alcoholic beverages on private property by those under age 21. It exempts religious observances and consumption where the minor is in the presence of and has the permission of his parent or guardian. The bill also increases the penalties for possession or consumption in public places to include up to 180 days of community service.

NCSL YOUTH ACCESS TO ALCOHOL PROJECT

In 1997 the Robert Wood Johnson Foundation began funding a program to encourage comprehensive ways to decrease underage drinking. Twelve states, including Connecticut, have been chosen to develop public education and media action programs and to implement plans to (1) reduce alcohol accessibility and availability to youth, (2) reduce alcohol marketing and promotion, and (3) reduce alcohol-impaired driving. Connecticut's grantee is the Coalition on Youth and Alcohol.

As part of this project NCSL has developed a web site to track developments in this area. The web site address is www.stateserv.hpts.org.

LKF/CT/JAW:tjo