CHAPTER 925
STATUTORY RIGHTS OF ACTION AND DEFENSES

Table of Contents

Sec. 52-557f. Landowner liability for recreational use of land. Definitions.
Sec. 52-571d. Action for discrimination by golf country club in membership or access to facilities or services.

      Sec. 52-557f. Landowner liability for recreational use of land. Definitions. As used in sections 52-557f to 52-557i, inclusive:

      (1) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

      (2) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty, except that if the owner is a municipality, political subdivision of the state, municipal corporation, special district or water or sewer district: (A) "Land" does not include a swimming pool, playing field or court, playground, building with electrical service, or machinery when attached to the realty, that is also within the possession and control of the municipality, political subdivision of the state, municipal corporation, special district or water or sewer district; and (B) "road" does not include a paved public through road that is open to the public for the operation of four-wheeled private passenger motor vehicles;

      (3) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. "Owner" includes, but is not limited to, a municipality, political subdivision of the state, municipal corporation, special district or water or sewer district;

      (4) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning, bicycling and viewing or enjoying historical, archaeological, scenic or scientific sites.

      (1971, P.A. 249, S. 1; 440, S. 2; P.A. 77-393; Oct. Sp. Sess. P.A. 79-12, S. 2, 3; P.A. 82-160, S. 227; P.A. 88-204; P.A. 90-310, S. 3; P.A. 11-61, S. 139; 11-141, S. 19; 11-211, S. 1.)

      History: Later 1971 act (P.A. 440) removed snowmobiling from definition of "recreational purpose"; P.A. 77-393 included cutting and removing wood in definition of "recreational purpose"; October, 1979, P.A. 79-12 removed cutting and removing wood from definition of "recreational purpose"; P.A. 82-160 alphabetized the defined terms; P.A. 88-204 included hang gliding and hot air ballooning in definition of "recreational purpose"; P.A. 90-310 in Subdiv. (4) added sport parachuting to the definition of "recreational purpose"; P.A. 11-61 redefined "charge" in Subdiv. (1) and "owner" in Subdiv. (3); P.A. 11-141 redefined "charge" in Subdiv. (1) and "owner" in Subdiv. (3); P.A. 11-211 redefined "land" in Subdiv. (2), "owner" in Subdiv. (3) and "recreational purpose" in Subdiv. (4).

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      Sec. 52-571d. Action for discrimination by golf country club in membership or access to facilities or services. (a) For the purposes of this section, "golf country club" means an association of persons consisting of not less than twenty members who pay membership fees or dues and which maintains a golf course of not less than nine holes and (1) receives payment for dues, fees, use of space, facilities, services, meals or beverages, directly or indirectly, from or on behalf of nonmembers or (2) holds a permit to sell alcoholic liquor under chapter 545.

      (b) No golf country club may deny membership in such club to any person on account of race, religion, color, national origin, ancestry, sex, gender identity or expression, marital status or sexual orientation.

      (c) All classes of membership in a golf country club shall be available without regard to race, religion, color, national origin, ancestry, sex, gender identity or expression, marital status or sexual orientation.

      (d) A golf country club that allows the use of its facilities or services by two or more adults per membership, including the use of such facilities or services during restricted times, shall make such use equally available to all adults entitled to use such facilities or services under that membership. The requirements of this subsection concerning equal access to facilities or services of such club shall not apply to adult children included in the membership. Nothing in this subsection shall be construed to affect the assessment by a golf country club of any fees, dues or charges it deems appropriate, including the ability to charge additional fees, dues or charges for access by both adult members during restricted times.

      (e) A golf country club that has food or beverage facilities or services shall allow equal access to such facilities and services for all adults in all membership categories at all times. Nothing in this subsection shall be construed to require access to such facilities or services by any person if such access by such person would violate any provision of the general statutes or a municipal ordinance concerning the sale, consumption or regulation of alcoholic beverages.

      (f) Nothing in this section shall be construed to prohibit a golf country club from sponsoring or permitting events that are limited to members of one sex if such club sponsors or permits events that are comparable for members of each sex.

      (g) Any person aggrieved by a violation of the provisions of this section may bring a civil action in the Superior Court to enjoin further violations and to recover the actual damages sustained by reason of such violation or two hundred fifty dollars, whichever is greater, together with costs and a reasonable attorney's fee.

      (h) If, in an action brought under subsection (g) of this section, the court finds that a golf country club holding a permit to sell alcoholic liquor under chapter 545 has violated any of the provisions of this section, it may, in addition to any relief ordered under said subsection (g), order the suspension of such permit until such time as it determines that such club is no longer in violation of this section. The plaintiff shall send a certified copy of such order to the Department of Consumer Protection. Notwithstanding the provisions of sections 4-182 and 30-55, the department shall, upon receipt of such order, suspend such permit in accordance with such order. Upon determination by the court that such club is no longer in violation of this section, such club shall send a certified copy of such determination to the department and the department shall reinstate such permit.

      (P.A. 97-85, S. 1, 2; P.A. 99-215, S. 20, 29; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 11-55, S. 35.)

      History: P.A. 97-85 effective January 1, 1998; P.A. 99-215 amended Subsec. (h) by deleting "clerk of the court" and substituting "plaintiff", adding "certified" before "copy", deleting "clerk of the court" and substituting "such club" and deleting "notice to that effect" and substituting "certified copy of such determination", effective June 29, 1999, and applicable to actions pending or filed on or after that date; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 11-55 amended Subsecs. (b) and (c) to prohibit discrimination on account of gender identity or expression.

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