2011 Vermont Code
Title 07 Alcoholic Beverages
Chapter 21 PENALTIES
§ 658 Sale or furnishing to minors; enabling consumption by minors; minors causing death or serious bodily injury

§ 658. Sale or furnishing to minors; enabling consumption by minors; minors causing death or serious bodily injury

(a) No person shall:

(1) sell or furnish malt or vinous beverages or spirituous liquors to a person under the age of 21; or

(2) knowingly enable the consumption of malt or vinous beverages or spirituous liquors by a person under the age of 21.

(b) As used in this section, "enable the consumption of malt or vinous beverages or spirituous liquors" means creating a direct and immediate opportunity for a person to consume malt or vinous beverages or spirituous liquors.

(c) A person who violates subsection (a) of this section shall be fined not less than $500.00 nor more than $2,000.00 or imprisoned not more than two years, or both. However, an employee of a licensee or an employee of a state-contracted liquor agency, who in the course of employment violates subdivision (a)(1) of this section:

(1) during a compliance check conducted by a law enforcement officer as defined in 20 V.S.A. { 2358:

(A) shall be assessed a civil penalty of not more than $100.00 for the first violation, and a civil penalty of not less than $100.00 nor more than $500.00 for a second violation that occurs more than one year after the first violation.

(B) shall be subject to the criminal penalties provided in this subsection for a second violation within a year of the first violation, and for a third or subsequent violation within three years of the first violation.

(2) may plead as an affirmative defense that:

(A) the purchaser exhibited and the employee carefully viewed photographic identification that complied with section 602 of this title and indicated the purchaser to be 21 or older; and

(B) an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and

(C) the sale was made in good faith, based upon the reasonable belief that the purchaser was of legal age to purchase alcoholic beverages.

(d) A person who violates subsection (a) of this section, where the person under the age of 21, while operating a motor vehicle on a public highway causes death or serious bodily injury to himself or herself or to another person as a result of the violation, shall be imprisoned not more than five years or fined not more than $10,000.00, or both. (Amended 1981, No. 246 (Adj. Sess.), { 3; 1997, No. 117 (Adj. Sess.), { 5; 1999, No. 163 (Adj. Sess.), { 1; 2001, No. 63, { 65a, eff. June 16, 2001.)