2005 Connecticut Code - Sec. 30-86. Sales to minors, intoxicated persons and drunkards. Exceptions. Use of transaction scan devices, prohibited acts, as affirmative defense.

      Sec. 30-86. Sales to minors, intoxicated persons and drunkards. Exceptions. Use of transaction scan devices, prohibited acts, as affirmative defense. (a) As used in this section:

      (1) "Cardholder" means any person who presents a driver's license or an identity card to a permittee or permittee's agent or employee, to purchase or receive alcoholic liquor from such permittee or permittee's agent or employee;

      (2) "Identity card" means an identification card issued in accordance with the provisions of section 1-1h;

      (3) "Transaction scan" means the process by which a permittee or permittee's agent or employee checks, by means of a transaction scan device, the validity of a driver's license or an identity card; and

      (4) "Transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's license or an identity card.

      (b) Any permittee or any servant or agent of a permittee who sells or delivers alcoholic liquor to any minor, or to any intoxicated person, or to any habitual drunkard, knowing the person to be such an habitual drunkard, shall be subject to the penalties of section 30-113. Any person who sells, ships, delivers or gives any such liquors to such minor, by any means, including, but not limited to, the Internet or any other on-line computer network, except on the order of a practicing physician, shall be fined not more than one thousand five hundred dollars or imprisoned not more than eighteen months, or both. The provisions of this section shall not apply (1) to a sale, shipment or delivery made to a person over age eighteen who is an employee or permit holder under section 30-90a and where such sale, shipment or delivery is made in the course of such person's employment or business, (2) to a sale, shipment or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card issued in accordance with the provisions of section 1-1h, who uses or exhibits any such identity card belonging to any other person or who uses or exhibits any such identity card that has been altered or tampered with in any way, or (3) to a shipment or delivery made to a minor by a parent, guardian or spouse of the minor, provided such parent, guardian or spouse has attained the age of twenty-one and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.

      (c) (1) A permittee or permittee's agent or employee may perform a transaction scan to check the validity of a driver's license or identity card presented by a cardholder as a condition for selling, giving away or otherwise distributing alcoholic liquor to the cardholder.

      (2) If the information deciphered by the transaction scan performed under subdivision (1) of this subsection fails to match the information printed on the driver's license or identity card presented by the cardholder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the permittee nor any permittee's agent or employee shall sell, give away or otherwise distribute any alcoholic liquor to the cardholder.

      (3) Subdivision (1) of this subsection does not preclude a permittee or permittee's agent or employee from using a transaction scan device to check the validity of a document presented as identification other than a driver's license or an identity card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing alcoholic liquor to the person presenting the document.

      (d) (1) No permittee or permittee's agent or employee shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following: (A) The name and date of birth of the person listed on the driver's license or identity card presented by a cardholder; (B) the expiration date and identification number of the driver's license or identity card presented by a cardholder.

      (2) No permittee or permittee's agent or employee shall use a transaction scan device for a purpose other than the purposes specified in subsection (c) of this section or subsection (d) of section 53-344.

      (3) No permittee or permittee's agent or employee shall sell or otherwise disseminate the information derived from a transaction scan to any third party for any purpose, including, but not limited to, any marketing, advertising or promotional activities, except that a permittee or permittee's agent or employee may release that information pursuant to a court order.

      (4) Nothing in subsection (c) of this section or this subsection relieves a permittee or permittee's agent or employee of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away or other distribution of alcoholic liquor.

      (5) Any person who violates this subsection shall be subject to a civil penalty of not more than one thousand dollars.

      (e) (1) In any prosecution of a permittee or permittee's agent or employee for selling alcoholic liquor to a minor in violation of subsection (b) of this section, it shall be an affirmative defense that all of the following occurred: (A) A cardholder attempting to purchase or receive alcoholic liquor presented a driver's license or an identity card; (B) a transaction scan of the driver's license or identity card that the cardholder presented indicated that the license or card was valid; and (C) the alcoholic liquor was sold, given away or otherwise distributed to the cardholder in reasonable reliance upon the identification presented and the completed transaction scan.

      (2) In determining whether a permittee or permittee's agent or employee has proven the affirmative defense provided by subdivision (1) of this subsection, the trier of fact in such prosecution shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a permittee or permittee's agent or employee to exercise reasonable diligence and that the use of a transaction scan device does not excuse a permittee or permittee's agent or employee from exercising such reasonable diligence to determine the following: (A) Whether a person to whom the permittee or permittee's agent or employee sells, gives away or otherwise distributes alcoholic liquor is twenty-one years of age or older; and (B) whether the description and picture appearing on the driver's license or identity card presented by a cardholder are those of the cardholder.

      (1949 Rev., S. 4293; 1971, P.A. 343, S. 2; P.A. 82-68, S. 3, 11; P.A. 84-478, S. 2, 5; P.A. 86-151, S. 3; P.A. 99-237, S. 1; P.A. 01-92, S. 1; P.A. 03-19, S. 71.)

      History: 1971 act deleted provision which had forbidden permittee to sell liquor to "any person after having received notice from the selectmen, as provided in section 30-83 or 30-84, not to sell or give such liquor to such person"; P.A. 82-68 provided that the sale or delivery prohibition is inapplicable to persons over eighteen employed or holding a permit and where the sale or delivery is made in the course of such person's business; P.A. 84-478 increased the penalty for furnishing liquor to minors to one thousand five hundred dollars or imprisonment for eighteen months or both, and excepted from this provision any sale made in good faith, effective July 1, 1985; P.A. 86-151 exempted deliveries made to a minor by a parent, guardian or spouse who has attained the age of twenty-one, provided the minor possesses such liquor while accompanied by such parent, guardian or spouse; P.A. 99-237 made technical and gender neutral changes and added provision prohibiting shipment or sale of alcoholic liquor to persons under twenty-one years of age by any means, specifically including shipment or sales arranged via the Internet or any other on-line computer network; P.A. 01-92 added new Subsec. (a) re definitions, designated existing language as Subsec. (b), added new Subsec. (c) re use of a transaction scan device, added new Subsec. (d) re prohibited acts and added new Subsec. (e) re affirmative defense; P.A. 03-19 made a technical change in Subsec. (e)(2)(B), effective May 12, 2003.

      See Sec. 30-102 re liability of liquor seller for damage caused by intoxicated persons.

      Restriction against permittee furnishing liquor to minor cannot be removed by word or act of parent or guardian. 120 C. 44. Knowledge is not an element of the offense as regards sales to intoxicated persons or minors. 122 C. 441. It is not necessary that the condition of the intoxicated persons comply with some definite criteria of intoxication. Id. 442. The responsibility for making effective the prohibition against sale to minors rests upon the holders of permits. 124 C. 690. Revocation for selling to intoxicated person not done illegally or without evidence. 128 C. 304. Illegal sale or delivery by employee acting within the scope of his authority made permittee liable. 130 C. 376. Criminal intent is not an essential element in a sale to a minor. Id. Reversal of commission for revocation under former statute. 130 C. 696. Master is criminally liable for a sale by his employee to a minor only when the employee acts within the scope of his employment. 141 C. 430. Cited. 144 C. 241. Where beer was consumed by minors on permit premises in booths to which it had been brought by their companions, all over twenty-one, who had obtained the same at service counter, companions were not agents of permittee and his permit could not be revoked by commission on grounds of delivery to minors. 149 C. 65. Dismissal of charge under statute not res judicata re liquor commission hearing. 151 C. 524. Cited. 154 C. 407, 408. Sale in violation of this section does not give rise to common law cause of action against seller. 154 C. 432. Statute does not change common law rule that proximate cause of intoxication is voluntary consumption of liquor; not furnishing of it as to sixteen-year-old minor. He may be presumed to have consumed liquor voluntarily. 154 C. 644. Cited. 170 C. 356, 361. Common law rule upheld that driver's voluntary consumption of liquor, not defendant's furnishing of it in violation of statute, was the proximate cause of driver's intoxication and plaintiff's injuries. 180 C. 252, 256, 257. Violation of statute constitutes negligence and whether that negligence is cause in fact of the injury is for the jury to determine. Common law rule that proximate cause of driver's intoxication and resulting injuries was driver's voluntary consumption of alcohol should be changed. Id., 252, 262, 263, 274. (Diss. Op.) Cited. 200 C. 400, 401. Cited. 201 C. 385, 387, 389. Cited. 207 C. 88, 93. Cited. 216 C. 667, 668. Cited. 236 C. 670, 677, 680.

      Cited. 11 CA 122, 127. Cited. 14 CA 333, 334. Status of defendant as care provider assigned by Department of Children and Families was not the equivalent of a guardian relationship for exception purposes of this section. 69 CA 400.

      Cited. 10 CS 283. Sale of alcohol to minor by employee sufficient to warrant permittee an unsuitable person. 12 CS 388. Permittee not declared unsuitable where it was proved he had instructed employee not to serve such minor. 17 CS 442. Limitations to rule that violation of statute is negligence per se. 19 CS 310. Cited. 22 CS 300. Naked assertion of principal witness as to his age held of insufficient probative value, without corroboration from an available dependable source of proof, to convict defendant of crime of selling alcoholic liquor to a minor. 22 CS 353. Cited. 22 CS 354; 23 CS 195; 459; 24 CS 75. Cited. 39 CS 20, 24.

      Containers offered as exhibits and identified positively by minor held admissible. 2 Conn. Cir. Ct. 457. Sale to fraternity, whose social chairman was a minor and who ordered liquor, held to be violation of statute. Id., 476. Court held delivery of liquor to minors within private residence not exempt from proscription of statute. 3 Conn. Cir. Ct. 181. Where language of statute is unambiguous there is no need to construe it. Id. Cited. 3 Conn. Cir. Ct. 565. Seller's conviction upheld although she produced statement under section 30-86a, where prior statement was forged and no statement required by her for instant purchase. 4 Conn. Cir. Ct. 170. Whether beer defendant sold to minor was alcoholic liquor within prohibition of statute was question of fact for jury. 5 Conn. Cir. Ct. 373.