AN ACT CONCERNING BREATH ALCOHOL TESTING IN BARS.

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

Section 1. (NEW) (Effective October 1, 2008) (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 (1) installs and maintains on the permit premises a device certified by the Commissioner of Consumer Protection that determines a person's blood alcohol content by analyzing a sample of such person's breath, (2) makes such device available for the use of customers at no charge, (3) posts a conspicuous notice in the permit premises that the permit holder will, upon request, make arrangements for the transportation of a customer, at the customer's expense, to his or her residence, and (4) checks the device for accuracy in accordance with regulations adopted by the Commissioner of Consumer Protection under subsection (b) of this section.

(b) The Commissioner of Consumer Protection shall ascertain the reliability of devices used to determine a person's blood alcohol content by analyzing a sample of such person's breath and certify those devices that the commissioner finds suitable for use by holders of a permit to sell alcoholic liquor issued under chapter 545 of the general statutes. The commissioner shall adopt regulations, in accordance with chapter 54 of the general statutes, concerning the installation, calibration, operation and use of such devices for the purpose of protecting the health and safety of persons who use such devices and ensuring reasonable accuracy in the results produced by such devices.

(c) Evidence that a permit holder installed on the permit premises, in accordance with subsection (a) of this section, a device that determines a person's blood alcohol content by analyzing a sample of such person's breath shall be inadmissible in any criminal, civil or administrative proceeding.

Sec. 2. Section 30-102 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

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 section 1 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 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.

Statement of Purpose:

To encourage liquor permit holders to install breath alcohol testing machines to enable customers to determine their blood alcohol content.

[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.]