State v. Staweki
State v. Staweki
Opinion of the Court
After a trial to the court, the defendant was found guilty of selling beer to a minor in violation of § 30-86 of the General Statutes. Under §30-1 (12), which is a part of the Liquor Control Act, a minor is defined as a person under twenty-one years of age. The principal, if not the only, defense presented was that the defendant was exempt from punitive action under the provisions of §30-86a.
The sole assignment of error we need to consider on the facts found is whether the defendant is exempt from prosecution and penalty under § 30-86 because of the exculpatory provisions of § 30-86a. Before the enactment of § 30-86a (as Public Acts 1963, No. 358 §§ 2, 3, amended, to increase the penalties in subsection (a), by Public Acts 1965, No. 149), a person in the position of the defendant could sell liquor to a minor only at his peril. He was liable to prosecution under § 30-86 even though he may have reasonably believed that the person to whom the liquor was sold had attained his majority, or notwithstanding that the purchaser had displayed a majority card, duly issued under § 30-88, or procured the liquor from the seller by deceit or stealth. The minor so obtaining alcoholic liquor might also be prosecuted under those circumstances but no defense was available to the seller of intoxicating liquor in violation of § 30-86. See § 30-89; State v. Phillips, 22 Conn. Sup. 353,
The concluding five assignments of error are directed at the point of law touched on above, but in addition specifically claim that the court erred in denying to the defendant the benefit of § 30-86a (b). This provision reads as follows: “In any case where ... a statement [complying with subsection (a)] has been procured and the permittee is subsequently charged with serving or furnishing alcoholic beverages to a minor, if such permittee, in proceedings before any court of this state or the liquor control commission, introduces such statement in evidence and shows that the evidence presented to him to establish the age of the purchaser was such as would convince a reasonable man, no penalty shall be imposed on such permittee.” Subsection (a) provides, inter alia, that “any permittee shall require any person whose age is in question to fill out and sign a statement in the following form each time such person makes a purchase.” (Italics supplied.)
To entitle the defendant to any benefit of the exemption extended in subsection (b), it was not enough for her to prove that an age declaration had been furnished by the named minor purchaser at a sale sometime prior to April 1, 1966, and that she relied on that statement, alone, in connection with the sale of April 1 which is the basis for the prosecution and judgment under review. Although the parties and the court appeared to devote most of their inquiry to the fact that the age statement relied on by the defendant was a forgery and therefore furnished no defense to the immediate action, the gravamen of the prosecution was that in the sale of April 1 the defendant made no inquiry of the minor as to his age and required of him no
There is no error.
In this opinion Pruyn and Jacobs, Js., concurred.
“Sec. 30-86a. statement prom purchaser as to age. (a) For the purposes of section 30-86, any permittee shall require any person whose age is in question to fill out and sign a statement in the following form each time such person makes a purchase:
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“I, ................... hereby represent to ................... a permittee of the Connecticut Liquor Control Commission, that I am over the age of 21 years, having been born on.................*171 19...at..................... This statement is made to induce said permittee to sell or otherwise furnish alcoholic beverages to the undersigned.
“I understand that I am subject to a fine of one hundred dollars for the first offense and not more than two hundred fifty dollars for each subsequent offense for wilfully misrepresenting my age for the purposes set forth in this statement.
(Name)
(Address)
“Such statement shall be printed upon appropriate forms to be furnished by the permittees and approved by the liquor control commission and shall be kept on file on the permit premises, alphabetically indexed, in a suitable file box, and shall be open to inspection by the liquor control commission or any of its agents or inspectors at any reasonable time. Any person who makes any false statement on a form signed by him as required by this section shall be fined not more than one hundred dollars for the first offense and not more than two hundred fifty dollars for each subsequent offense.
“(b) In any case where such a statement has been procured and the permittee is subsequently charged with serving or furnishing alcoholic beverages to a minor, if such permittee, in proceedings before any court of this state or the liquor control commission, introduces such statement in evidence and shows that the evidence presented to him to establish the age of the purchaser was such as would convince a reasonable man, no penalty shall be imposed on such permittee.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.