Connecticut General Statutes/Title 30/Chapter 545/Section 30-89

CGS § 30-89. Purchasing liquor or making false statement to procure liquor by person forbidden to purchase prohibited. Possessing liquor by minor on public street or highway or other public or private location prohibited; exceptions; when immune from prosecution.

(a) Any person to whom the sale of alcoholic liquor is by law forbidden who purchases or attempts to purchase such liquor or who makes any false statement for the purpose of procuring such liquor shall be fined not less than two hundred dollars or more than five hundred dollars.

(b) Any minor who possesses any alcoholic liquor (1) on any public street or highway, or (2) in any other public or private location, shall, for a first offense, have committed an infraction and for any subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars.

(c) The provisions of subsection (b) of this section shall not apply to (1) a person over age eighteen who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of such person's employment or business, (2) a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) a minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one. Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.

(d) Notwithstanding the provisions of subsection (b) of this section, a minor who possesses alcohol shall not be criminally prosecuted for the commission of an offense of subsection (b) of this section when:

(1) A law enforcement officer first became aware of the minor's violation of subsection (b) of this section after the minor placed a 9-1-1 call to a law enforcement agency requesting emergency medical assistance based on the minor's reasonable belief that another individual was in need of immediate medical assistance to prevent death or serious bodily injury;

(2) The minor placing the 9-1-1 call was the first person to make the 9-1-1 call requesting immediate medical assistance to prevent the death or serious bodily injury of another individual;

(3) The minor provided his or her own full name and any other relevant information requested by the law enforcement agency during the 9-1-1 call; and

(4) The minor remained at the scene with the individual needing immediate medical assistance until a law enforcement officer and emergency medical personnel arrived, and thereafter the minor fully cooperated with the law enforcement officer and emergency medical personnel at the scene.

Short History

(1949 Rev., S. 4302; 1963, P.A. 358, S. 1; P.A. 82-68, S. 7, 11; P.A. 83-571, S. 3; P.A. 86-151, S. 4; P.A. 90-72, S. 2; P.A. 06-112, S. 2; P.A. 07-167, S. 49; June Sp. Sess. P.A. 07-5, S. 33; P.A. 21-142, S. 1; P.A. 22-37, S. 10.)

Long History

History: 1963 act raised maximum fine from $50 to $100; P.A. 82-68 added an exception to the prohibition against minors entering a tavern for persons over eighteen who are employees or permit holders; P.A. 83-571 increased the fine from not more than $100 to not less than $200 nor more than $500; P.A. 86-151 added Subsec. (b) prohibiting minors' possession of alcoholic beverages in public except as specified; P.A. 90-72 deleted provision in Subsec. (a) which had applied fine to minors who enter taverns other than those who are employees or permit holders; P.A. 06-112 amended Subsec. (b) to prohibit any minor possessing alcoholic liquor “on public or private property” rather than “on any street or highway or in any public place or place open to the public, including any club which is open to the public,” make penalty for a first offense an infraction, make existing fine of not less than $200 or more than $500 the penalty for a subsequent offense, provide that exemption in Subdiv. (3) applies when a minor is accompanied by a parent, guardian or spouse “of the minor”, add provision that nothing in Subsec. shall be construed to burden a person's exercise of religion under Art. 1, Sec. 3 of the state constitution in violation of Sec. 52-571b(a), and make a technical change; P.A. 07-167 amended Subsec. (b) by replacing provision re public or private property with new Subdivs. (1) and (2) re public street or highway or other public or private location, redesignated provisions of Subsec. (b) re exceptions as Subsec. (c) and made a technical change therein, effective June 25, 2007; June Sp. Sess. P.A. 07-5 made technical changes, effective October 6, 2007; P.A. 21-142 added Subsec. (d) re when minor who possesses alcohol cannot be criminally prosecuted; P.A. 22-37 made a technical change in Subsec. (a).

Citations

Cited. 207 C. 88; 236 C. 670.

Cited. 3 Conn. Cir. Ct. 224; 4 Conn. Cir. Ct. 172.

PreviousCGS § 30-88a. Operator's license as proof of age. Misrepresentation of age to procure liquor.NextCGS § 30-89a. Permitting minor to illegally possess liquor in dwelling unit or on private property or failing to halt such illegal possession. Penalty.