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H.139

Introduced by   Representatives Marron of Stowe, Clark of Vergennes, Deen of Westminster, Hutchinson of Randolph, Kiss of Burlington, LaVoie of Swanton, Livingston of Manchester, Louras of Rutland City, McAllister of Highgate, O'Donnell of Vernon, Perry of Richford, Pillsbury of Brattleboro, Severance of Colchester, Smith of New Haven, Valliere of Barre City, Winters of Swanton and Zuckerman of Burlington

Referred to Committee on

Date:

Subject:  Alcoholic beverage; minors; minimum drinking age

Statement of purpose:  This bill proposes to lower the minimum age for purchasing and consuming alcoholic beverages from 21 to 18.

AN ACT RELATING TO LOWERING THE MINIMUM DRINKING AGE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  7 V.S.A. § 2(26) and (31) are amended to read:

(26)  As used in this title, “minor” means a person who has not attained the age of 21 18.

(31)  “Legal age” means 21 18 years of age or older.

Sec. 2.  7 V.S.A. § 66(b) and (d) are amended to read:

(b) Vinous beverages shall be delivered pursuant to an invoice that includes the name of the licensee and the name and address of the purchaser.  The vinous beverages shall be delivered only to the address on the invoice and only to an individual who is age 21 aged 18 or over.  The licensee shall file a copy of the invoice with the department prior to shipping and shall retain a copy of the invoice for two years.

(d)  A holder of a shipping permit under this section shall not deliver or have delivered any vinous beverages to any person under the age of 21 18.

Sec. 3.  7 V.S.A. § 601(a) is amended to read:

§ 601.  Liquor control identification cards

(a)  Any person 21 18 years of age, or older, or any person who attained the age of 18 on or before June 30, 1986 may make application may apply to the liquor control board for a liquor control identification card upon by submitting a form to be provided by the liquor control board together with a certified copy of the applicant's birth record and, a photograph of the applicant of such dimensions and with such other information as the liquor control board may prescribe a size prescribed by the board, other information required by the board, and payment of a $5.00 fee.  Upon receipt of such an the application accompanied by satisfactory proof of the age and identity of the applicant, the liquor control board shall forward to him or her after and payment of a $5.00 fee, the liquor control board shall send to the applicant a tamper-proof identification card in such form as it may prescribe upon which shall appear the which includes a photograph of the applicant.  Such The identification card shall not be valid unless signed by the applicant.

Sec. 4.  7 V.S.A. § 658 is amended to rad:

§ 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 18; or

(2)  knowingly enable the consumption of malt or vinous beverages or spirituous liquors by a person under the age of 21 18.

(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:

* * *

(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 aged 18 or older; and

* * *

(d)  A person who violates subsection (a) of this section, where the person under the age of 21 18, 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.

Sec. 5.  REPEAL  

7 V.S.A. § 3 (relating to culinary arts students and exemptions from provisions of title) is repealed.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us