General Assembly Raised Bill No. 490
February Session, 2010 LCO No. 2563
*02563_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 490
February Session, 2010
LCO No. 2563
*02563_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING THE LIABILITY OF SERVERS OF ALCOHOL.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2010) (a) The liability under section 30-102 of the general statutes, as amended by this act, of a holder of a permit to sell alcoholic liquor issued under chapter 545 of the general statutes to a person or persons injured by an intoxicated person shall be not more than one hundred thousand dollars if such holder makes a breath alcohol analysis device approved by the Commissioner of Consumer Protection available on the permit premises for the use of customers at no charge.
(b) Evidence that a holder of a permit to sell alcoholic liquor under chapter 545 of the general statutes attempted to arrange transportation for a customer who requested such transportation after using a breath alcohol analysis device made available on the permit premises shall be inadmissible in an action under section 30-102 of the general statutes, as amended by this act.
(c) The Commissioner of Consumer Protection shall ascertain the reliability of breath alcohol analysis devices and approve those devices that the commissioner finds suitable for use by holders of a permit to sell alcoholic liquor. The commissioner shall compile a list of the approved devices, specifying manufacturers and models, and publish such list for the benefit of permit holders.
(d) For the purposes of this section, a "breath alcohol analysis device" means a device that determines a person's blood alcohol content by analyzing a sample of such person's breath.
Sec. 2. (NEW) (Effective October 1, 2010) The liability under section 30-102 of the general statutes, as amended by this act, of a holder of a permit to sell alcoholic liquor issued under chapter 545 of the general statutes to a person or persons injured by an intoxicated person shall be not more than fifty thousand dollars if such holder proves that all servers of alcoholic liquor employed by such holder have successfully completed a responsible alcohol service certification program approved by the Commissioner of Consumer Protection.
Sec. 3. Section 30-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
If any person, by such person or such person's agent, sells any alcoholic liquor to an intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall, except as provided in sections 1 and 2 of this act, pay just damages to the person injured, up to the amount of two hundred fifty thousand dollars, or to persons injured in consequence of such intoxication up to an aggregate amount of two hundred fifty thousand dollars, to be recovered in an action under this section, provided the aggrieved person or persons shall give written notice to such seller of such person's or persons' intention to bring an action under this section. Such notice shall be given (1) within one hundred twenty days of the occurrence of such injury to person or property, or (2) in the case of the death or incapacity of any aggrieved person, within one hundred eighty days of the occurrence of such injury to person or property. Such notice shall specify the time, the date and the person to whom such sale was made, the name and address of the person injured or whose property was damaged, and the time, date and place where the injury to person or property occurred. No action under the provisions of this section may be brought by a person injured in consequence of such person's own intoxication. No action under the provisions of this section [shall] may be brought but within one year from the date of the act or omission complained of. Such injured person shall have no cause of action against such seller for negligence in the sale of alcoholic liquor to a person twenty-one years of age or older.
Sec. 4. (NEW) (Effective October 1, 2010) In any cause of action accruing under section 30-102 of the general statutes in which the state police, a local police department or other law enforcement agency has conducted an investigation of any factual circumstances underlying the cause of action and the report of such investigation has not been made public within thirty days of the act or omission complained of, the time period under said section for giving written notice to the seller of the intention to bring a civil action and the time period under said section for bringing such civil action shall be tolled until (1) one year after the date of the act or omission complained of, or (2) the date such department or agency makes the report of such investigation public, whichever is earlier. A report shall be deemed to be made public when it is released to the public or a supervisor of the law enforcement officer who prepared the report signs the report indicating its completion.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2010 New section
Sec. 2 October 1, 2010 New section
Sec. 3 October 1, 2010 30-102
Sec. 4 October 1, 2010 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2010
New section
Sec. 2
October 1, 2010
New section
Sec. 3
October 1, 2010
30-102
Sec. 4
October 1, 2010
New section
Statement of Purpose:
To encourage liquor permit holders to install breath alcohol testing devices and train their employees in responsible alcohol service and to revise liability and notice provisions under the dram shop act.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]