Can A 15 Year Sell Alchol At Register

AGE OF MAJORITY; JUVENILES; LEGISLATION; LIQUOR; PARENTS;

LIQUOR;

Oct 22, 2003		2003-R-0730
STATE LAW Apropos LIQUOR AND MINORS
Past: Daniel Duffy, Principal Annotator

Y'all asked for a summary of land law and recent proposals concerning liquor and minors. You were peculiarly interested in measures concerning parental supervision.

SUMMARY

For purposes of state liquor law, a "pocket-sized" is someone who is less than 21 years old. The Department of Consumer Protection (DCP) administers the Liquor Control Human activity. Information technology regulates the sale of liquor to prevent sales to minors and other "unsuitable" people.

The police establishes a panoply of punishments for minors who possess, purchase, or even attempt to purchase liquor. A minor tin can be fined from $ 200 to $ 500 for (1) possessing liquor in a public place, (2) buying liquor, (iii) attempting to purchase liquor, or (iv) making a false argument to buy liquor. A small-scale who misrepresents his historic period or uses another's driver's license to obtain liquor tin can be fined from $ 200 to $ 500, imprisoned for upwardly to 30 days, or both. Further, the motor vehicles commissioner must suspend for upwards to 150 days the commuter'south license of a pocket-sized convicted of violating these laws. Finally, the motor vehicles commissioner must append, for 2 months, the license of a minor who possesses a false or altered license.

The law prohibits inducing a minor to obtain liquor. A violator is subject to a fine of up to $ 1,000, i year in prison, or both.

The law prohibits selling liquor to minors. It establishes penalties for sellers who do so, but also creates incentives to encourage sellers to cheque age identification. A liquor permittee or employee who sells to a minor is subject field to a fine of up to $ one,000, ane yr in prison, or both. In that location are certain specific exceptions. If a seller has a customer complete an age statement form and the permittee is later charged with serving a minor, and the seller introduces the argument in the proceedings and shows that the prove presented to prove age was such as would convince a reasonable human, then no penalty may be imposed. The constabulary establishes a similar protection for a liquor seller who has properly relied on a transaction scanner to verify a customer'southward age.

Minors must be at least fifteen years sometime to work in a grocery shop that sells beer and at least eighteen years old to work in any other liquor establishment. Farther, minors may non piece of work in a tavern. Liquor permittees are prohibited from allowing a minor to loiter on the premises unless the small-scale is an employee or in the company of his parent or guardian.

The police prohibits DCP from issuing a liquor allow to a minor. Although they may not hold a let, at that place are allow provisions relating to minors. Institutions of college learning can obtain a let to sell beer and wine in buildings they control. Further, the Academy of Connecticut can obtain a allow to sell liquor. Liquor sellers can become permission to hold an "all-ages" event, also known as a juice bar, if certain conditions are met.

DCP has the potency to refuse to issue a allow if it believes that the proposed premises is too shut to a public or parochial school.

One provision of the Liquor Control Deed is intended to reduce youthful drinking at parties by requiring beer kegs to be registered when sold.

Legislation considered, only not adopted, in 2003 would have prohibited minors from possessing liquor anywhere. They are currently prohibited from possessing liquor in public. As under current law, the prohibition would not apply to minors in the visitor of their parents, spouse, or guardian over 21 years old, or to minors who are working for liquor permit holders.

MINORS (CGS � 30-112)

Under the Liquor Control Act, a "small" is anyone less than 21 years sometime.

DRIVER'S LICENSE Every bit IDENTIFICATION, MISREPRESENTING AGE PROHIBITED (CGS � 30-88A)

The police authorizes anyone who is 21 years erstwhile who has a driver's license with a total-confront photograph to apply it to prove age when buying liquor. A liquor seller is authorized to have it as legal proof of historic period. Anyone who misrepresents age, or uses another's license to obtain liquor is subject to a fine of $ 200 to $ 500, xxx days in prison, or both.

FINE FOR A Pocket-sized WHO BUYS OR ATTEMPTS TO BUY LIQUOR (CGS � 30-89(A))

A small-scale who buys or attempts to buy liquor, or who makes a false statement to obtain liquor, is subject to a fine of $ 200 to $ 500.

LIQUOR POSSESSION By A MINOR PROHIBITED (CGS � 30-89(B))

A modest who possesses liquor on any street or in whatever other public place, or a place open to the public including a club open to the public, is subject to a fine of $ 200 to $ 500.

The law exempts a minor who (1) is an employee of a premises with a liquor permit acting in the grade of his employment; (2) possesses liquor on the orders of his doctor; or (3) possesses liquor while in the company of his parent, guardian, or spouse who is at least 21 years old.

Boosted Penalization FOR LIQUOR PURCHASING OR POSSESSION BY A MINOR (CGS � xiv-111E)

The police requires the motor vehicles commissioner to append, for up to 150 days, the commuter'due south license, motorcycle license, or nonresident operating privilege of anyone under 21 years old who has been bedevilled of violating the laws prohibiting minors from (1) misusing their license to obtain liquor (CGS � 30-88a) or (ii) purchasing or possessing liquor (CGS � 30-89). The constabulary too makes someone nether 21 years former who has been convicted of these crimes and who does not take a license ineligible to receive one for 150 days after meeting licensing requirements.

An enclosed study compares this constabulary to like laws in Massachusetts and New York and discusses some implementation problems with the Connecticut constabulary (99-R-1038).

Penalisation FOR POSSESSION OF Apocryphal OR Altered LICENSE (CGS � 14-111F)

The police force requires the motor vehicles commissioner to suspend, for ii months, the driver'south license of anyone who possesses a counterfeit or altered license containing the person's photo.

INDUCING LIQUOR PROCUREMENT By MINORS PROHIBITED (CGS � thirty-87)

The police force prohibits inducing a small to procure liquor from anyone with a liquor let. The constabulary subjects a violator to the full general criminal penalty for violating the Liquor Control Act. This is a fine of up to $ i,000, one yr in prison, or both (CGS � xxx-113). The police exempts procurement by a pocket-size who is over xviii years old and an employee of a bounds with a liquor allow acting in the form of his employment.

It likewise exempts inducement in the course of an official investigation or enforcement activeness carried out by a constabulary enforcement bureau. The law states that information technology may not be construed to prevent whatsoever action from beingness taken under the laws authorizing DCP to enforce the Liquor Control Act by revoking or suspending liquor permits for cause (CGS � thirty-55) or prohibiting sales to minors (CGS � 30-86) when the modest is participating in an official investigation or enforcement action.

SALES TO MINORS PROHIBITED (CGS � 30-86)

The law subjects a permittee or his agent who sells or gives liquor to a minor to the general criminal penalty for violating the Liquor Control Act. This is a fine of up to $ ane,000, i year in prison, or both (CGS � 30-113). Further, the constabulary subjects anyone who sells, ships, delivers, or gives liquor to a small-scale, except nether a doctor'southward orders, by any means, including the Cyberspace, to a fine of up to $ 1,500, 18 months in prison, or both.

The law exempts: (1) selling, shipping, or delivering to a minor who is over 18 years old and an employee of a premises with a liquor permit acting in the course of his employment; (2) selling, aircraft, or delivering to a small in good organized religion who (a) had deceitfully obtained a Department of Motor Vehicles Connecticut identity carte, (b) used some other's identity carte, or (c) altered or tampered with an identity card; and (three) shipping or

delivering to a small-scale by a parent, guardian, or spouse of the small-scale if (a) the parent, guardian, or spouse is at least 21 years former and (b) the minor has the liquor merely while in the company of the parent, guardian, or spouse.

Statement TO Prove Historic period (CGS � 30-86A)

The law requires liquor sellers to require anyone whose age is in question to complete an age statement form and prescribes the form. In completing the form, the client states that he is over 21 years old, knows that the law prohibits liquor sales to someone younger, and knows that the penalty for willfully misrepresenting i'south age is a fine of up to $ 150 for a first offense and up to $ 250 for subsequent offenses.

The statement must be kept on file in the permit premises. In cases in which (ane) the age argument class has been obtained, (2) the permittee is later on charged with serving a minor, and (3) the permittee introduces the statement in the proceedings and shows that the evidence presented to prove age was such as would convince a reasonable man, then no penalty may be imposed.

TRANSACTION SCANNER (CGS � 30-86)

The police force explicitly allows a liquor seller to employ a transaction scanner to verify a customer's age and provides an affirmative defense if he sells liquor while relying on the browse'southward validity. A "transaction scanner" is a device used at the betoken of sale that tin can read information encoded on a driver's license's or identity carte'southward magnetic strip or bar code.

A seller may not exist found guilty of selling to a small-scale if he proves that (1) the minor presented a driver's license or DMV identity bill of fare in attempting to buy liquor, (ii) the carte's scan indicated it was valid, and (three) the liquor was sold in reasonable reliance on the identification and validity of the scan. In determining whether a permittee has proven an affirmative defense, the constabulary requires a courtroom to consider that the employ of a scan does not excuse a permittee or seller from exercising reasonable diligence to determine (i) if the customer is age 21 or older and (2) whether the description and flick on the license or carte du jour are those of the cardholder.

The law prohibits selling liquor if the data on the driver's license or identity card is simulated or does not match scan results. The police force does not preclude a seller, as a condition of a sale, from scanning other documents that have a magnetic strip or bar code. Merely scanning these documents does non found an affirmative defense.

The law forbids permittees and their employees from using a transaction scanner for whatsoever purpose other than verifying a customer'south age and identity. Information technology prohibits them from recording information from a driver'due south license or identity bill of fare other than (ane) the cardholder'due south proper name and date of birth and (two) the license'south or card's expiration appointment and identification number. The law prohibits permittees from selling or distributing data derived from a transaction scan to any 3rd party for such purposes as marketing, advertising, or promotional, merely allows courtroom-ordered data releases. Violators tin can be subject area to a fine of upward to $ 1,000.

AGE OF EMPLOYMENT IN A LIQUOR-SELLING ESTABLISHMENT (CGS � 30-90A)

The law allows anyone over historic period 18 to work in liquor-selling establishments. Further, someone xv years old may piece of work in a grocery shop with a beer permit. The law deems a minor performing paid or volunteer services of an emergency nature to exist an employee subject to this provision.

MINOR'S EMPLOYMENT IN A TAVERN AND HANDLING LIQUOR PROHIBITED (CGS � 30-81)

The police force prohibits minors from being employed in a tavern. Nether the Liquor Control Act, a "tavern" is a place where beer and wine may be sold for on-bounds consumption with or without the sale of food.

Except as immune by CGS � thirty-90a, the police force prohibits minors from handling any liquor on, delivering liquor to, or conveying liquor from any permit premises.

Assuasive A Pocket-size TO LOITER IN A LIQUOR-SELLING Establishment PROHIBITED (CGS � 30-xc)

The law prohibits a permittee and his employees from allowing a pocket-sized to (1) loiter in a permit premises where liquor is kept for sale or (2) be in a room where liquor is served at a bar, unless the minor is an employee or in the visitor of his parent or guardian. A violator is subject to the general criminal penalty for violating the Liquor Control Act. This is a fine of up to $ one,000, one year in prison house, or both (CGS � 30-113).

MINORS PROHIBITED FROM OBTAINING LIQUOR PERMITS (CGS � thirty-45)

The law prohibits DCP from issuing a liquor permit to a minor.

University PERMIT (CGS � 30-20A)

State law allows liquor to be sold in buildings under the command of an establishment of college learning, merely only if the institutions obtain a special liquor permit. The permits permit beer sales or beer and wine sales. Further, the law allows the University of Connecticut Lath of Trustees to obtain a permit allowing the sale of all types of liquor—booze, beer, vino, and spirits.

JUICE BARS (CGS � 30-22C)

Liquor-selling establishments sometimes hold events intended for an audience of all ages. There is both land statute and regulation concerning the "juice bars" operated by liquor-selling establishments. The regulation and statute, which was adopted later, establish somewhat different requirements. The regulation allows an institution to operate every bit a juice bar only if it (one) does non sell liquor on that day and (2) has notified the local police of the event hours (Conn. Agencies Reg. � 30-6-A 24b). The statute allows a caf� to operate a juice bar if (i) the juice bar is in a separate room in which liquor is neither dispensed nor present and (2) the establishment has notified the local police of the event. The Department of Consumer Protection has adopted a practice that allows juice confined to operate if the statutory requirements are met and, if non, to operate only if liquor is not sold when the juice bar is operating.

LIQUOR PERMITS NEAR SCHOOLS (CGS � xxx-46)

The law gives DCP the discretion to reject to issue, revoke, suspend, or refuse to renew a permit to applicants and permittees whose premises are in certain locations. Among them, it can take these actions apropos premises it has reasonable cause to believe will take a detrimental effect on a public or parochial school.

BEER KEG REGISTRATION REQUIRED (CGS � xxx-114)

The Full general Assembly adopted legislation designed to reduce the number of "keggers," or parties at which beer is served to minors. The police force requires package and grocery stores selling keg beer to (1) place an identification tag on the keg; (2) require purchasers to sign a receipt; and (three) inform them that the deposit, if any, must be forfeited if the keg is returned without an intact and readable tag. The seller may inform buyers of this fact either verbally or by posting a conspicuous sign at the indicate of sale. For this purpose, the constabulary defines "keg" equally a brewery-sealed container of at least six gallons.

The tag must be a numbered label furnished past DCP that conspicuously identifies the seller. It must be fabricated and attached in a way that the beer manufacturer tin can easily remove it for keg cleaning and reuse. DCP may charge a reasonable fee, upward to the actual cost, for supplying the tags and customer receipts.

The customer signature receipt must be a form provided by DCP stating the purchaser'due south name, address, driver'southward license number, or other identification prescribed by regulation. The seller must go on a re-create of all receipts on the bounds and available for inspection and copying past department and criminal justice agencies for six months.

The human activity prohibits keg sellers from returning a keg deposit if the keg (1) does not accept the required identification tag or (ii) has one that is defaced and unreadable.

A retailer who violates the law is subject field to let suspension or revocation. A purchaser who knowingly provides false information on the customer receipt commits a grade C misdemeanor, which is punishable past up to 3 months in prison house, a fine of up to $ 500, or both. Anyone who possesses an untagged keg, knowing it to be untagged, commits a class C misdemeanor. The penalization does not employ to a beer manufacturer, wholesaler, or retailer or someone who finds a discarded keg containing beer on his belongings.

DRAM SHOP ACT (CGS � xxx-102, PA 03-91)

The Dram Shop Act makes someone who sells liquor to an intoxicated person liable if the intoxicated person injures a person or property because of the intoxication. Under the deed, the maximum amount an injured person can recover is $ 250,000 for injuries to a single person and $ 250,000 in aggregate for injuries to more than one person.

The 2003 human activity eliminates an injured person's right to sue a seller for negligence in selling alcohol to someone at least age 21.

2003 BILLS

Several pieces of legislation considered, but not adopted, in 2003 would have prohibited minors from possessing liquor anywhere (HB 5030, HB 6693, and LCO 6153, offered as House Amendment D to HB 5810). HB 5030 died in the Judiciary Commission, HB 6693 died in the Transportation Commission, and Firm D to HB 5810 was defeated.

In improver to expanding the prohibition, HB 6693 would have authorized courts to order minors to perform up to 180 hours of community service and to undergo mental wellness or substance corruption counseling.

None of the measures would have affected an private who is accompanied past his parent who is over 21 years old.

DD: eh

Can A 15 Year Sell Alchol At Register,

Source: https://www.cga.ct.gov/2003/olrdata/gl/rpt/2003-r-0730.htm

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