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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person shall not:
(1) sell or furnish alcoholic beverages to a person under 21 years of age; or
(2) knowingly enable the consumption of alcoholic beverages by a person under 21 years of age.
(b) As used in this section, “enable the consumption of alcoholic beverages” means creating a direct and immediate opportunity for a person to consume alcoholic beverages.
(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 liquor agency, who in the course of employment violates subdivision (a)(1) of this section:
(1) during a compliance check conducted by a law enforcement officer as defined in 20 V.S.A. § 2358:
(A) shall be assessed a civil penalty of not more than $100.00 for the first violation and a civil penalty of not less than $100.00 nor more than $1,000.00 for a second violation that occurs more than one year after the first violation; and
(B) shall be subject to the criminal penalties provided in this subsection (c) for a second violation within a year of the first violation, and for a third or subsequent violation within three years of the first violation.
(2) may plead as an affirmative defense that:
(A) the purchaser exhibited and the employee carefully viewed photographic identification that complied with section 589 of this title and indicated the purchaser to be 21 years of age or older;
(B) an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
(C) the sale was made in good faith, based upon the reasonable belief that the purchaser was of legal age to purchase alcoholic beverages.
(d)(1) A person who violates subsection (a) of this section, where the person under 21 years of age, while operating a motor vehicle, snowmobile, vessel, or all-terrain vehicle on a public highway, public land, or public waters, or in a place where a Vermont Association of Snow Travelers (VAST) trail maintenance assessment or a Vermont ATV Sportsman's Association (VASA) Trail Access Decal is required, 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.
(2) As used in this subsection:
(A) “All-terrain vehicle” shall have the same meaning as set forth in 23 V.S.A. § 3501.
(B) “Public land” means all land in Vermont that is either owned or controlled by a local, State, or federal governmental body.
(C) “Public waters” shall have the same meaning as in 10 V.S.A. § 1422.
(D) “Snowmobile” shall have the same meaning as set forth in 23 V.S.A. § 3201.
(E) “Vessel” shall have the same meaning as set forth in 23 V.S.A. § 3302.
Cite this article: FindLaw.com - Vermont Statutes Title 7. Alcoholic Beverages, Cannabis, and Tobacco, § 658. Sale or furnishing to minors; enabling consumption by minors; minors causing death or serious bodily injury - last updated January 01, 2024 | https://codes.findlaw.com/vt/title-7-alcoholic-beverages-cannabis-and-tobacco/vt-st-tit-7-sect-658/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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