Bill Text: CT HB06700 | 2013 | General Assembly | Introduced


Bill Title: An Act Concerning The Dram Shop Act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-11 - Public Hearing 04/15 [HB06700 Detail]

Download: Connecticut-2013-HB06700-Introduced.html

General Assembly

 

Raised Bill No. 6700

January Session, 2013

 

LCO No. 5545

 

*05545_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE DRAM SHOP ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 30-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

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 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 shall 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. For the purposes of this section, "intoxicated person" means a person who (A) is "under the influence of intoxicating liquor", as that term is used in subsection (a) of section 14-227a, or (B) has an elevated blood alcohol content, as defined in subsection (a) of section 14-227a for a noncommercial vehicle.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2013

30-102

Statement of Purpose:

To clarify the meaning of intoxicated person for purposes of 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.]

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