§ 28-84. Possession of alcohol by minors.

(a)

Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended.

Adult has the same meaning as the term defined in C.G.S. § 1-1d.

Alcoholic liquor has the same meaning as the term defined in C.G.S. § 30-1(3).

Head of household means any person who maintains as said person's home a household, either through an ownership interest, as a tenant or as a licensee, which constitutes the principal place of abode of said person.

Host means to organize a gathering of three (3) or more persons, or to allow the premises under one's control to be used with one's knowledge for a gathering of three (3) or more persons, for personal, social or business interaction.

Immediate family member means an individual related by affinity and consanguinity within the first two (2) degrees of kinship as determined by common law.

Minor has the same meaning as the term defined C.G.S. § 30-1(12).

(b)

Findings and intent. The unregulated possession of alcoholic liquor by minors can be detrimental to the general health, safety and welfare of the residents of the City. Consumption of alcohol by minors unsupervised by parental authority may also create a health and safety risk to minors and a public nuisance. The City seeks to protect, preserve and promote the quality of life of its residents by regulating the possession of alcohol by minors.

(c)

Prohibited acts.

(1)

No minor shall possess any container of alcoholic liquor within the City, whether opened or unopened, whether on public or private property, unless such minor:

a.

Is accompanied by or in the presence of his parent, guardian or spouse who has attained the age of twenty-one (21) years;

b.

Is accompanied by or in the presence of an immediate family member who has attained the age of twenty-one (21) years and who has received express authorization from the parent, guardian or spouse of said minor to permit said person to possess said alcoholic liquor;

c.

Has express authorization from said person's parent, guardian or spouse to permit said person to possess said alcoholic liquor within said person's residence; or

d.

Is an adult and is also a head of household.

(2)

No person shall host an event or gathering at which the host knowingly allows alcoholic liquor to be consumed by, or dispensed to, any minor unless said minor is:

a.

Accompanied by or in the presence of his parent, guardian or spouse who has attained the age of twenty-one (21) years; or

b.

Accompanied by or in the presence of an immediate family member who has attained the age of twenty-one (21) and who has received express authorization from the parent, guardian or spouse of the minor to permit said person to possess said alcoholic liquor.

This prohibition shall apply to any event or gathering within the City conducted on private property.

(d)

Exceptions. Notwithstanding subsection (c) of this section nothing herein shall prohibit:

(1)

The serving or selling of alcoholic liquor by a minor if otherwise permitted by the Connecticut General Statutes; or

(2)

The free exercise of religious worship or ceremony, as protected by the First Amendment to the Constitution of the United States and Article Seventh of the Constitution of the State of Connecticut, which may include the possession or consumption of alcohol by a minor.

(e)

Enforcement. The Chief of Police or any member of the Danbury Police Department is charged with enforcing the provisions of this section.

(f)

Violations.

(1)

Any person violating any provisions of this section shall be subject to a fine of ninety dollars ($90.00) for each such offense. Each violation of this section shall constitute a separate offense.

(2)

In the case of violations of subsection (c)(2) of this section, the presence of each minor at such event or gathering shall constitute a separate offense.

(g)

Alcohol abuse education funding. All funds collected by the City pursuant to any violation of this section shall be earmarked specifically to funding alcohol and substance abuse education programs conducted by the Police Department within the department's current youth education programming.

(Code 1961, § 12-1.2; Ord. No. 633, 5-3-2005)

State law reference

Offenses involving underage persons and alcohol, C.G.S. § 30-88a et seq.