General Assembly Governor's Bill No. 5021
February Session, 2012 LCO No. 536
*00536__________*
Referred to Committee on General Law
Introduced by:
REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist. SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist.
General Assembly
Governor's Bill No. 5021
February Session, 2012
LCO No. 536
*00536__________*
Referred to Committee on General Law
Introduced by:
REP. DONOVAN, 84th Dist.
REP. SHARKEY, 88th Dist.
SEN. WILLIAMS, 29th Dist.
SEN. LOONEY, 11th Dist.
AN ACT CONCERNING COMPETITIVE ALCOHOLIC LIQUOR PRICING AND HOURS OF OPERATION FOR PERMITTEES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 30-14a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
A package store permit may be renewed by the person to whom it was issued or by any person who is a transferee or purchaser of premises operating under a package store permit and who meets the requirements of this chapter concerning eligibility for a liquor permit. [Commencing June 8, 1986, the Department of Consumer Protection may issue one package store permit for every twenty-five hundred residents of a town as determined by the most recently completed decennial census.] The department may authorize the holder of such permit to remove his permit premises to a location in another town provided such removal complies with the provisions of this chapter.
Sec. 2. Subsection (b) of section 30-16 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(b) A manufacturer permit for beer shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to beer, but shall permit the storage of beer in any part of the state. Such permit shall also authorize the offering and tasting, on the premises of the permittee, of free samples of beer brewed on such premises and the selling at retail from the premises of sealed bottles or other sealed containers of such beer for consumption off the premises. The offering and tasting [shall] may be limited to visitors who have attended a tour of the premises of the permittee. Such selling at retail from the premises of sealed bottles or other sealed containers shall comply with the provisions of subsection (d) of section 30-91, as amended by this act, and shall permit not more than [eight] nine liters of beer to be sold to any person on any day on which such sale is authorized under the provisions of subsection (d) of section 30-91, as amended by this act. The annual fee for a manufacturer permit for beer shall be one thousand dollars.
Sec. 3. Subsection (f) of section 30-16 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(f) A manufacturer permit for a brew pub shall allow: (1) The manufacture, storage and bottling of beer, (2) the retail sale of alcoholic liquor to be consumed on the premises with or without the sale of food, (3) the selling at retail from the premises of sealed bottles or other sealed containers of beer brewed on such premises for consumption off the premises, and (4) the sale of sealed bottles or other sealed containers of beer brewed on such premises to the holder of a wholesaler permit issued pursuant to subsection (b) of section 30-17, provided that the holder of a manufacturer permit for a brew pub produces at least five thousand gallons of beer on the premises annually. Such selling at retail from the premises of sealed bottles or other sealed containers shall comply with the provisions of subsection (d) of section 30-91, as amended by this act, and shall permit not more than [eight] nine liters of beer to be sold to any person on any day on which such sale is authorized under the provisions of subsection (d) of section 30-91, as amended by this act. The annual fee for a manufacturer permit for a brew pub shall be three hundred dollars.
Sec. 4. Section 30-16 of the 2012 supplement to the general statutes is amended by adding subsection (g) as follows (Effective July 1, 2012):
(NEW) (g) A manufacturer permit for beer and brew pub shall be in all respects the same as a manufacturer permit for beer as defined in subsection (b) of this section and shall allow those additional permissible uses specified in the manufacturer permit for a brew pub as defined in subsection (f) of this section, provided the holder of a manufacturer permit for beer and brew pub produces at least five thousand gallons of beer on the premises annually. The annual fee for a manufacturer permit for beer and brew pub shall be one thousand five hundred dollars.
Sec. 5. Subsection (a) of section 30-17b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) No person shall be employed by any wholesaler of alcoholic liquor to sell or offer for sale alcoholic liquor to any retailer of alcoholic liquor unless such person holds a wholesaler's salesman certificate or files an application for such certificate not later than ten days after the date of his or her initial employment. Any person desiring a wholesaler's salesman certificate or renewal thereof, shall file a sworn application for such certificate upon forms to be furnished by the Department of Consumer Protection, showing his or her name, address and such other information as the department may require. An application for an initial certificate shall be accompanied by a nonrefundable fee in the amount of fifty dollars. [Upon approval of such application, the department shall issue a certificate which shall be renewed only upon change of employment.] All such certificates shall expire biennially on January thirty-first. The biennial renewal fee for a certificate shall be twenty dollars. If a certified wholesaler's salesman changes employment, a renewal application shall be filed not later than ten days after the date such new employment commences and shall be accompanied by a nonrefundable fee in the amount of fifty dollars.
Sec. 6. Subsections (a) and (b) of section 30-20 of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) A package store permit shall allow the retail sale of alcoholic liquor not to be consumed on the premises, such sales to be made only in sealed bottles or other containers. The holder of a package store permit may, in accordance with regulations adopted by the Department of Consumer Protection pursuant to the provisions of chapter 54, offer free samples of alcoholic liquor for tasting on the premises, conduct demonstrations and conduct tastings or demonstrations provided by a permittee or backer of a package store for a nominal charge to charitable nonprofit organizations. Any offering, tasting or demonstration held on permit premises shall be conducted only during the hours a package store is permitted to sell alcoholic liquor under section 30-91, as amended by this act. No store operating under a package store permit shall sell any commodity other than alcoholic liquor except that, notwithstanding any other provision of law, such store may sell (1) cigarettes, (2) publications, (3) bar utensils, which shall include, but need not be limited to, corkscrews, beverage strainers, stirrers or other similar items used to consume or related to the consumption of alcoholic liquor, (4) gift packages of alcoholic liquor shipped into the state by a manufacturer or out-of-state shipper, which may include a nonalcoholic item in the gift package that may be any item, except food or tobacco products, provided the dollar value of the nonalcoholic items does not exceed the dollar value of the alcoholic items of the package, (5) complementary fresh fruits used in the preparation of mixed alcoholic beverages, (6) cheese or crackers, or both, (7) snack food, including, but not limited to, chips, candy and nuts, (8) nonalcoholic beverages, [(6)] (9) concentrates used in the preparation of mixed alcoholic beverages, [(7)] (10) beer and wine-making kits and products related to beer and wine-making kits, [(8)] (11) ice in any form, [(9)] (12) articles of clothing imprinted with advertising related to the alcoholic liquor industry, [(10)] (13) gift baskets or other containers of alcoholic liquor, [(11)] (14) multiple packages of alcoholic liquors, as defined in subdivision (3) of section 30-1, [provided in all such cases the minimum retail selling price for such alcoholic liquor shall apply,] and [(12)] (15) lottery tickets authorized by the Department of Consumer Protection, if licensed as an agent to sell such tickets by said department. A package store permit shall also allow the taking and transmitting of orders for delivery of such merchandise in other states. Notwithstanding any other provision of law, a package store permit shall allow the participation in any lottery ticket promotion or giveaway sponsored by the Department of Consumer Protection. [The] For a holder of not less than one or more than three package store permits the annual fee for [a package store] each permit shall be five hundred thirty-five dollars. For a holder of not less than four or more than six package store permits the annual fee for each permit shall be one thousand dollars. For a holder of not less than seven or more than nine package store permits the annual fee for each permit shall be one thousand five hundred dollars.
(b) A grocery store beer permit may be granted to any grocery store and shall allow the retail sale of beer in standard size containers not to be consumed on the premises. A holder of a grocery store beer permit shall post in a prominent location adjacent to the beer display, the retail price for each brand of beer and said retail price shall include all applicable federal and state taxes including the applicable state sales taxes. The annual fee for a grocery store beer permit shall be one hundred seventy dollars. For a grocery store that has annual sales of food and grocery items of not less than two million dollars the annual fee for a grocery store beer permit shall be one thousand five hundred dollars.
Sec. 7. Section 30-20 of the 2012 supplement to the general statutes is amended by adding subsection (d) as follows (Effective July 1, 2012):
(NEW) (d) A convenience store beer permit may be granted to any convenience store and shall allow the retail sale of beer in standard size containers, which shall not to be consumed on the premises. A holder of a convenience store beer permit shall post in a prominent location, adjacent to the beer display, the retail price for each brand of beer. Such retail price shall include all applicable federal and state taxes, including applicable state sales taxes. The annual fee for a convenience store beer permit shall be one hundred sixty dollars plus the sum required by section 30-66. On or before June 30, 2014, for purposes of this subsection, "convenience store" means a retail establishment: (1) Where grocery products are regularly and customarily sold for consumption off premises, (2) that has a gross square foot area of not more than five thousand square feet, and (3) that has a sales area of not less than one thousand five hundred square feet, of which not less than thirty per cent of such sales area contains grocery products available and present for sale to the public, including, but not limited to, staple grocery items, dairy products, snacks and beverages. On or after July 1, 1014, for purposes of this subsection, "convenience store" means a retail establishment: (1) Where grocery products are regularly and customarily sold for consumption off premises, (2) that has a gross square foot area of not more than five thousand square feet, and (3) that has a sales area of not less than one thousand two hundred square feet, of which not less than thirty per cent of such sales contains grocery products available and present for sale to the public, including, but not limited to, staple grocery items, dairy products, snacks and beverages.
Sec. 8. Section 30-37c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) A bowling establishment permit shall allow the retail sale of alcoholic liquor to be consumed on the premises of a commercial bowling establishment containing ten or more lanes. A bowling establishment permit for beer and wine shall allow the retail sale of beer and wine to be consumed on the premises of a commercial bowling establishment containing ten or more lanes. The annual fee for a bowling establishment permit shall be [two] one thousand [two hundred fifty] dollars and for a bowling establishment permit for beer and wine shall be four hundred forty dollars.
(b) A racquetball facility permit shall allow the retail sale of alcoholic liquor to be consumed on the premises of a commercial racquetball facility containing five or more courts. The annual fee for a racquetball facility permit shall be [two] one thousand [two hundred fifty] dollars.
Sec. 9. Subsection (a) of section 30-48 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) No backer or permittee of one permit class shall be a backer or permittee of any other permit class except in the case of any class of airport, railroad, airline and boat permits, and except that: (1) A backer of a hotel or restaurant permit may be a backer of both such classes; (2) a holder or backer of a manufacturer permit for a brew pub, a restaurant permit or a cafe permit may be a holder or backer of any other or all of such classes; (3) a holder or backer of a restaurant permit may be a holder or backer of a bowling establishment permit; (4) a backer of a restaurant permit may be a backer of a coliseum permit or a coliseum concession permit, or both, when such restaurant is within a coliseum; (5) a backer of a hotel permit may be a backer of a coliseum permit or a coliseum concession permit, or both; (6) a backer of a coliseum permit may be a backer of a coliseum concession permit; (7) a backer of a coliseum concession permit may be a backer of a coliseum permit; (8) a backer of a grocery store beer permit may be a backer of a package store permit; [if such was the case on or before May 1, 1996;] (9) a backer of a university permit may be a backer of a nonprofit theater permit; (10) subject to the discretion of the department, a backer of a permit provided for in section 30-33b, may be a backer of any other retail on-premise consumption permit, including those permits provided for in section 30-33b; (11) a backer of a nonprofit theater permit may be a holder or backer of a hotel permit; (12) a holder or backer of a restaurant permit may be a holder or backer of a special outing facility permit; (13) a backer of a concession permit may be a backer of a coliseum permit or a coliseum concession permit, or both; (14) a holder of an out-of-state winery shipper's permit for wine may be a holder of an in-state transporter's permit or an out-of-state entity wine festival permit issued pursuant to section 30-37m, or of both such permits; (15) a holder of an out-of-state shipper's permit for alcoholic liquor other than beer may be a holder of an in-state transporter's permit; and (16) a holder of a manufacturer's permit for a farm winery may be a holder of an in-state transporter's permit, a wine festival permit issued pursuant to section 30-37l, a farmers' market wine sales permit issued pursuant to subsection (a) of section 30-37o or of any combination of such permits. Any person may be a permittee of more than one permit. A person may be a permittee under a permit provided for in section 30-33b and a backer of any other retail on-premise consumption permit, including those permits provided for in section 30-33b. The operator of a racing or jai alai exhibition with pari-mutuel betting licensed by the Gaming Policy Board may be a backer of any permit provided for in section 30-33b. No holder of a manufacturer permit for a brew pub and no spouse or child of such holder may be a holder or backer of more than three restaurant permits or cafe permits.
Sec. 10. Subsection (a) of section 30-48a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) No person, and no backer as defined in section 30-1, shall, except as hereinafter provided, acquire an interest in more than [two] nine alcoholic beverage retail permits. [, but nothing herein shall (1) require any such person who had, on June 8, 1981, such interest in more than two such permits to surrender, dispose of or release his interest in any such permit or permits nor shall it affect his right to continue to hold, use and renew such permits, or (2) prohibit any such person who had, on June 8, 1981, such interest in more than two such permits from transferring his interest in such permits by inter vivos or testamentary disposition, including living trusts, to his spouse or child, or such spouse's or child's living trust or prohibit such spouse or child from accepting such a transfer notwithstanding that such spouse or child may already hold another permit issued under the provisions of this chapter.] Any such permit so transferred may be renewed by such transferee under the provisions of section 30-14a, as amended by this act. [Except as provided in subdivision (1), a] A person shall be deemed to acquire an interest in a retail permit if an interest is owned by such person, such person's spouse, children, partners, or an estate, trust, or corporation controlled by such person or such person's spouse, children, or any combination thereof. The provisions of this subsection shall apply to any such interest without regard to whether such interest is a controlling interest. For the purposes of this subsection, "person" means (A) an individual, (B) a corporation or any subsidiary of a corporation, or (C) any combination of corporations or individuals any of whom, or any combination of whom, owns or controls, directly or indirectly, more than five per cent of any entity which is a backer as defined in said section 30-1.
Sec. 11. Section 30-51 of the general statutes is amended by adding subsection (c) as follows (Effective July 1, 2012):
(NEW) (c) The provisions of this section shall not apply to any premises operating under a grocery store permit, which premises are located adjacent or attached to premises operating under a package store permit, provided there is no interior access from the package store permit premises to the grocery store permit premises, unless such access existed and had been approved and endorsed by the Department of Consumer Protection on or before January 1, 2012.
Sec. 12. Subsections (b) and (c) of section 30-63 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(b) [No manufacturer, wholesaler or out-of-state shipper permittee shall discriminate in any manner in price discounts between one permittee and another on sales or purchases of alcoholic liquors bearing the same brand or trade name and of like age, size and quality, nor shall such manufacturer, wholesaler or out-of-state shipper permittee allow in any form any discount, rebate, free goods, allowance or other inducement for the purpose of making sales or purchases. Nothing in this subsection shall be construed to prohibit beer manufacturers, beer wholesalers or beer out-of-state shipper permittees from differentiating in the manner in which their products are packaged on the basis of on-site or off-site consumption.] Notwithstanding any other provision of the general statutes, a manufacturer or supplier to wholesalers may offer price promotions to wholesalers that require the wholesalers to reduce their prices to retailers consistent with the terms of the offer in order to receive a discount from the manufacturer or supplier, provided, if a wholesaler opts not to participate in a price promotion, the wholesaler shall not be entitled to the discount from the manufacturer or supplier.
(c) For alcoholic liquor other than beer, each manufacturer [, wholesaler] and out-of-state shipper permittee shall electronically post with the department, on a monthly basis, the bottle, can and case price of any brand of goods offered for sale in Connecticut, which price when so posted shall be the controlling price for such manufacturer [, wholesaler] or out-of-state permittee for the month following such posting. On and after July 1, 2005, for beer, each manufacturer [, wholesaler] and out-of-state shipper permittee shall electronically post with the department, on a monthly basis, the bottle, can and case price, and the price per keg or barrel or fractional unit thereof for any brand of goods offered for sale in Connecticut which price when so electronically posted shall be the controlling price for such brand of goods offered for sale in this state for the month following such posting. Such manufacturer [, wholesaler] and out-of-state shipper permittee may also electronically post additional prices for such bottle, can, case, keg or barrel or fractional unit thereof for a specified portion of the following month which prices when so posted shall be the controlling prices for such bottle, can, case, keg or barrel or fractional unit thereof for such specified portion of the following month. Notice of all manufacturer, wholesaler and out-of-state shipper permittee prices shall be given to permittee purchasers by direct mail, Internet web site or advertising in a trade publication having circulation among the retail permittees. [except a wholesaler permittee may give such notice by hand delivery.] Price postings with the department setting forth wholesale prices to retailers shall be available for inspection during regular business hours at the offices of the department by manufacturers [and wholesalers] until three o'clock p.m. of the first business day after the last day for posting prices. [A manufacturer or wholesaler may amend such manufacturer's or wholesaler's posted price for any month to meet a lower price posted by another manufacturer or wholesaler with respect to alcoholic liquor bearing the same brand or trade name and of like age, vintage, quality and unit container size; provided that any such amended price posting shall be filed before three o'clock p.m. of the fourth business day after the last day for posting prices; and provided further such amended posting shall not set forth prices lower than those being met. Any manufacturer or wholesaler posting an amended price shall, at the time of posting, identify in writing the specific posting being met. On and after July 1, 2005, all wholesaler postings, other than for beer, for the following month shall be provided to retail permittees not later than the twenty-seventh day of the month prior to such posting. All wholesaler postings for beer shall be provided to retail permittees not later than the twentieth day of the month prior to such posting.]
Sec. 13. Section 30-77 of the general statutes is amended by adding subsection (c) as follows (Effective July 1, 2012):
(NEW) (c) The provisions of this section shall not prohibit a person from manufacturing or dispensing wine as part of an academic course in a curriculum established, approved by and under the control of a regionally accredited institution of higher education and located on the premises of such accredited institution.
Sec. 14. Subsection (a) of section 30-91 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The sale or the dispensing or consumption or the presence in glasses or other receptacles suitable to permit the consumption of alcoholic liquor by an individual in places operating under hotel permits, restaurant permits, cafe permits, restaurant permits for catering establishments, bowling establishment permits, racquetball facility permits, club permits, coliseum permits, coliseum concession permits, special sporting facility restaurant permits, special sporting facility employee recreational permits, special sporting facility guest permits, special sporting facility concession permits, special sporting facility bar permits, golf country club permits, nonprofit public museum permits, university permits, airport restaurant permits, airport bar permits, airport airline club permits, tavern permits, a manufacturer permit for a brew pub, manufacturing permits for beer and brew pubs, casino permits, caterer liquor permits and charitable organization permits shall be unlawful [on: (1) Monday, Tuesday, Wednesday, Thursday and Friday] (1) between the hours of [one] two o'clock a.m. and nine o'clock a.m.; [(2) Saturday between the hours of two o'clock a.m. and nine o'clock a.m.; (3) Sunday between the hours of two o'clock a.m. and eleven o'clock a.m.; (4)] (2) on Christmas, except (A) for alcoholic liquor that is served where food is also available during the hours otherwise permitted by this section for the day on which Christmas falls, and (B) by casino permittees at casinos, as defined in section 30-37k; and [(5)] (3) on January first between the hours of three o'clock a.m. and nine o'clock a.m. [, except that on any Sunday that is January first the prohibitions of this section shall be between the hours of three o'clock a.m. and eleven o'clock a.m.]
Sec. 15. Subsections (d) and (e) of section 30-91 of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(d) The sale or dispensing of alcoholic liquor in places operating under package store permits, drug store permits, manufacturer permits for beer, manufacturing permits for beer and brew pubs or grocery store beer permits shall be unlawful on [Decoration Day, Independence Day, Labor Day,] Thanksgiving Day, New Year's Day [, Sunday] or Christmas; [or, if Independence Day, Christmas or New Year's Day occurs on a Sunday, on the Monday next following such day except that such sale or dispensing shall be lawful on any Independence Day occurring on a Saturday;] and such sale or dispensing of alcoholic liquor in places operating under package store permits, drug store permits, manufacturer permits for beer, manufacturing permits for beer and brew pubs and grocery store beer permits shall be unlawful on any other day before eight o'clock a.m. and after [nine] ten o'clock p.m. It shall be unlawful for the holder of a manufacturing permit for a brew pub to sell beer for consumption off the premises on the days or hours prohibited by this subsection. Any town may, by a vote of a town meeting or by ordinance, reduce the number of hours during which such sale shall be permissible.
(e) (1) In the case of any premises operating under a tavern permit, [or premises operating under a cafe permit,] wherein, under the provisions of this section, the sale of alcoholic liquor is forbidden on certain days or hours of the day, or during the period when a tavern permit [or cafe permit] is suspended, it shall likewise be unlawful to keep such premises open to, or permit it to be occupied by, the public on such days or hours.
(2) In the case of any premises operating under a cafe permit, it shall be unlawful to keep such premises open to, or permit such premises to be occupied by, the public between the hours of two o'clock a.m. and six o'clock a.m. on any day of the week or during any period of time when such permit is suspended, provided the sale or the dispensing or consumption of alcohol on such premises operating under such cafe permit shall be prohibited beyond the hours authorized for the sale or dispensing or consumption of alcohol for such premises under this section.
(3) Notwithstanding any provision in this chapter, in the case of any premises operating under a tavern or cafe permit, it shall be lawful for such premises to be open to, or be occupied by, the public when such premises is being used as a site for film, television, video or digital production eligible for a film production tax credit pursuant to section 12-217jj, provided the sale or the dispensing or consumption of alcohol on such premises operating under such tavern or cafe permit shall be prohibited beyond the hours authorized for the sale or the dispensing or consumption of alcohol for such premises under this section.
Sec. 16. Section 30-91 of the 2012 supplement to the general statutes is amended by adding subsection (m) as follows (Effective from passage):
(NEW) (m) Notwithstanding any provision of subsection (a) of this section, it shall be lawful for casino permittees at casinos, as defined in section 30-37k, to allow the presence of alcoholic liquor in glasses or other receptacles suitable to permit the consumption thereof by an individual at any time on its gaming facility, as defined in subsection (a) of section 30-37k, provided such alcoholic liquor is served to a patron of such casino not later than two o'clock a.m.
Sec. 17. Section 30-94 of the general statutes is amended by adding subsection (c) as follows (Effective July 1, 2012):
(NEW) (c) A floor stock allowance or depletion allowance pursuant to a sales promotion that is given to a wholesaler permittee by a manufacturer or out-of-state shipper shall be paid to the wholesaler permittee not later than a period of time, commencing from the date payment is made for the goods purchased, that is equal to the period of time in which such manufacturer or out-of-state shipper requires payment from such wholesaler permittee for goods purchased for a sales promotion.
Sec. 18. (NEW) (Effective July 1, 2012) (a) The Department of Consumer Protection shall only issue a package store permit, as described in section 30-20 of the general statutes, as amended by this act, to the holder of a package store medallion obtained pursuant to this section.
(b) Not later than thirty days after the effective date of this section, the Department of Consumer Protection shall issue package store medallions to all backers, as defined in section 30-1 of the general statutes, of package store permits issued pursuant to section 30-20 of the general statutes, as amended by this act.
(c) The Department of Consumer Protection shall issue a package store medallion to a backer, as defined in section 30-1 of the general statutes, who has filed a complete application for a package store permit with said department on or before the effective date of this section upon approval of such application by said department. Said department shall issue the medallion to the backer at the time of the approval of the package store permit.
(d) The holder of a package store medallion issued pursuant to this section may sell or transfer such medallion. A seller or transferor of a package store medallion shall provide notification of such sale or transfer to the Department of Consumer Protection not later than thirty days after such sale or transfer, in a form and manner prescribed by said department.
(e) The seller or transferor of such medallion shall cease all operations related to the package store permit immediately upon the sale or transfer of the package store for which such permit was issued. The Department of Consumer Protection shall terminate a package store permit issued to any person who sells or transfers his or her associated package store medallion.
(f) Notwithstanding the provisions of subsection (a) of this section, any person who has executed a contract to purchase a package store medallion may submit an application for a package store permit to the Department of Consumer Protection. Said department shall accept and promptly process such application, provided the applicant furnishes said department with proof of such executed contract. Said department shall require, as a condition of approval of such permit, that the permit holder obtain a medallion.
(g) (1) A holder of a package store medallion who does not hold a package store permit shall have six months from the date of purchase or transfer of such medallion to apply for a package store permit. If the medallion holder does not file an application for such permit with the Department of Consumer Protection not later than six months after such sale or transfer, said department may grant the medallion holder an extension of not greater than six months to file such application. Such extension shall be granted by the commissioner for good cause shown. If the owner of the medallion does not file a package store permit application with said department after the extension period expires, he or she shall forfeit such medallion to said department, except if the medallion holder sells or transfers the medallion prior to the expiration of the extension period. If said department denies a medallion holder's package store permit application, the holder may reapply to said department for such permit not later than six months after the date said department rejected the application. If the holder fails to reapply for such permit during such six-month period, the holder shall forfeit the medallion to said department.
(2) A holder of a package store medallion that has not been forfeited pursuant to this section shall have the right to sell or transfer such medallion.
(3) The time periods set forth in this subsection shall not include any period of time a permit application is under review by the Department of Consumer Protection.
(4) The Department of Consumer Protection may, at the discretion of the Commissioner of Consumer Protection, auction to the public a package store medallion that has been forfeited pursuant to this subsection.
Sec. 19. Subsection (b) of section 30-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) More specifically, with respect to part V of this chapter, the Department of Consumer Protection may adopt in accordance with the provisions of chapter 54 regulations that are necessary to (1) [carry out the purposes of section 30-64 and prevent the circumvention thereof by the offering or giving of any rebate, allowance, free goods, discount or any other thing or service of value; (2)] permit the withdrawal of, an addition to, a deletion from or an amendment of any schedule, or a modification of prices therein, [when not inconsistent with the purposes of said section 30-64, whenever necessary to avoid practical difficulties or unnecessary hardships to any permittee affected by said section 30-64] or because of acts or circumstances beyond the control of such permittee; [and under such terms and conditions as are necessary to carry out the purposes of said section 30-64; (3) permit the sale by a retailer of a brand of alcoholic liquor or wine for which a schedule of suggested consumer resale prices has not been and cannot be filed, whenever necessary to avoid practical difficulties or unnecessary hardships to any permittee affected by said section or because of acts or circumstances beyond the control of such permittee, and under such terms and conditions as are necessary to carry out the purposes of said section 30-64; (4) subject to the provisions of section 30-63e, permit the closeout of a brand for the purpose of discontinuing its sale, under such terms and conditions as are necessary to carry out the purposes of said section 30-64; (5)] (2) carry out the purposes of [sections 30-68k to 30-68m, inclusive, and] section 30-76a and prevent [their] the circumvention of said section 30-76a; [(6)] (3) on verified application, and for good cause shown, permit any adjustment or change of any item on the schedule required to be filed under section 30-63, as amended by this act; [and said section 30-64; and (7) permit the sale at a price which is less than cost by a supplier, wholesaler or retailer for any item of alcoholic liquor, except beer, that is damaged or deteriorated in quality, or, subject to the provisions of section 30-63f,] and (4) permit the closeout of a brand or size for the purpose of discontinuing its sale, under such terms and conditions as are necessary to carry out the purposes of [sections 30-68k to 30-68m, inclusive, and] section 30-76a.
Sec. 20. Section 30-67 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
In addition to the penalties otherwise provided under this chapter, the Department of Consumer Protection may, for any violation of any provision of [section 30-64 or of] any regulation adopted under [subdivisions (1), (2), (3) and (4)] subdivision (1) of subsection (b) of section 30-6a, as amended by this act, suspend, cancel or revoke any permit as follows: For a first offense, not exceeding ten days' suspension of permit; for a second offense, not exceeding thirty days' suspension of permit; and for a third offense, the department may suspend, cancel or revoke the permit.
Sec. 21. Subsection (c) of section 1-84b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) The provisions of this subsection apply to present or former executive branch public officials or state employees who hold or formerly held positions which involve significant decision-making or supervisory responsibility and are designated as such by the Office of State Ethics in consultation with the agency concerned except that such provisions shall not apply to members or former members of the boards or commissions who serve ex officio, who are required by statute to represent the regulated industry or who are permitted by statute to have a past or present affiliation with the regulated industry. Designation of positions subject to the provisions of this subsection shall be by regulations adopted by the Citizen's Ethics Advisory Board in accordance with chapter 54. As used in this subsection, "agency" means the Office of Health Care Access division within the Department of Public Health, the Connecticut Siting Council, the Department of Banking, the Insurance Department, the Department of Emergency Services and Public Protection, the office within the Department of Consumer Protection that carries out the duties and responsibilities of sections 30-2 to [30-68m] 30-67, inclusive, as amended by this act, the Public Utilities Regulatory Authority, including the Office of Consumer Counsel, the Department of Consumer Protection and the Gaming Policy Board and the term "employment" means professional services or other services rendered as an employee or as an independent contractor.
(1) No public official or state employee in an executive branch position designated by the Office of State Ethics shall negotiate for, seek or accept employment with any business subject to regulation by his agency.
(2) No former public official or state employee who held such a position in the executive branch shall within one year after leaving an agency, accept employment with a business subject to regulation by that agency.
(3) No business shall employ a present or former public official or state employee in violation of this subsection.
Sec. 22. Subsection (a) of section 5-142 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If any member of the Division of State Police within the Department of Emergency Services and Public Protection or of any correctional institution, or any institution or facility of the Department of Mental Health and Addiction Services giving care and treatment to persons afflicted with a mental disorder or disease, or any institution for the care and treatment of persons afflicted with any mental defect, or any full-time enforcement officer of the Department of Energy and Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to [30-68m] 30-67, inclusive, as amended by this act, the Office of Adult Probation, the Department of Construction Services or the Board of Pardons and Paroles, any probation officer for juveniles or any employee of any juvenile detention home, any member of the police or fire security force of The University of Connecticut, any member of the police or fire security force of Bradley International Airport, any member of the Office of State Capitol Police or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds and the Legislative Office Building and parking garage and related structures and facilities and other areas under the supervision and control of the Joint Committee on Legislative Management, the Chief State's Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any state's attorney, any assistant state's attorney or deputy assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the Division of Criminal Justice or of the Division of Public Defender Services, or any Judicial Department employee sustains any injury (1) while making an arrest or in the actual performance of such police duties or guard duties or fire duties or inspection duties, or prosecution or public defender or courthouse duties, or while attending or restraining an inmate of any such institution or as a result of being assaulted in the performance of such person's duty, or while responding to an emergency or code at a correctional institution, and (2) that is a direct result of the special hazards inherent in such duties, the state shall pay all necessary medical and hospital expenses resulting from such injury. If total incapacity results from such injury, such person shall be removed from the active payroll the first day of incapacity, exclusive of the day of injury, and placed on an inactive payroll. Such person shall continue to receive the full salary that such person was receiving at the time of injury subject to all salary benefits of active employees, including annual increments, and all salary adjustments, including salary deductions, required in the case of active employees, for a period of two hundred sixty weeks from the date of the beginning of such incapacity. Thereafter, such person shall be removed from the payroll and shall receive compensation at the rate of fifty per cent of the salary that such person was receiving at the expiration of said two hundred sixty weeks as long as such person remains so disabled, except that any such person who is a member of the Division of State Police within the Department of Emergency Services and Public Protection shall receive compensation at the rate of sixty-five per cent of such salary as long as such person remains so disabled. Such benefits shall be payable to a member of the Division of State Police after two hundred sixty weeks of disability only if the member elects in writing to receive such benefits in lieu of any benefits payable to the employee under the state employees retirement system. In the event that such disabled member of the Division of State Police elects the compensation provided under this subsection, no benefits shall be payable under chapter 568 or the state employees retirement system until the former of the employee's death or recovery from such disability. The provisions of section 31-293 shall apply to any such payments, and the state of Connecticut is authorized to bring an action or join in an action as provided by said section for reimbursement of moneys paid and which it is obligated to pay under the terms of this subsection. All other provisions of the workers' compensation law not inconsistent with this subsection, including the specific indemnities and provisions for hearing and appeal, shall be available to any such state employee or the dependents of such a deceased employee. All payments of compensation made to a state employee under this subsection shall be charged to the appropriation provided for compensation awards to state employees. On and after October 1, 1991, any full-time officer of the Department of Energy and Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to [30-68m] 30-67, inclusive, as amended by this act, the Office of Adult Probation, the Department of Construction Services or the Board of Pardons and Paroles, any probation officer for juveniles or any employee of any juvenile detention home, the Chief State's Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any state's attorney, assistant state's attorney or deputy assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the Division of Criminal Justice or the Division of Public Defender Services, or any Judicial Department employee who sustains any injury in the course and scope of such person's employment shall be paid compensation in accordance with the provisions of section 5-143 and chapter 568, except, if such injury is sustained as a result of being assaulted in the performance of such person's duty, any such person shall be compensated pursuant to the provisions of this subsection.
Sec. 23. Section 30-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
No commissioner of the Liquor Control Commission and no employee of the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to [30-68m] 30-67, inclusive, as amended by this act, and the regulations [enacted] adopted thereunder may, directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in or in the manufacture of alcoholic liquor, nor receive any commission or profit whatsoever from nor have any interest whatsoever in the purchases or sales made by the persons authorized by this chapter to purchase or sell alcoholic liquor. No provision of this section shall prevent any such commissioner or employee from purchasing and keeping in his possession, for the personal use of himself or members of his family or guests, any alcoholic liquor which may be purchased or kept by any person by virtue of this chapter.
Sec. 24. Sections 30-63e, 30-63f, 30-64, 30-68, 30-68i, 30-68k, 30-68l and 30-68m of the general statutes are repealed. (Effective from passage)
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2012 30-14a
Sec. 2 July 1, 2012 30-16(b)
Sec. 3 July 1, 2012 30-16(f)
Sec. 4 July 1, 2012 30-16
Sec. 5 July 1, 2012 30-17b(a)
Sec. 6 July 1, 2012 30-20(a) and (b)
Sec. 7 July 1, 2012 30-20
Sec. 8 July 1, 2012 30-37c
Sec. 9 July 1, 2012 30-48(a)
Sec. 10 from passage 30-48a(a)
Sec. 11 July 1, 2012 30-51
Sec. 12 July 1, 2012 30-63(b) and (c)
Sec. 13 July 1, 2012 30-77
Sec. 14 from passage 30-91(a)
Sec. 15 from passage 30-91(d) and (e)
Sec. 16 from passage 30-91
Sec. 17 July 1, 2012 30-94
Sec. 18 July 1, 2012 New section
Sec. 19 from passage 30-6a(b)
Sec. 20 from passage 30-67
Sec. 21 from passage 1-84b(c)
Sec. 22 from passage 5-142(a)
Sec. 23 from passage 30-4
Sec. 24 from passage Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2012
30-14a
Sec. 2
July 1, 2012
30-16(b)
Sec. 3
July 1, 2012
30-16(f)
Sec. 4
July 1, 2012
30-16
Sec. 5
July 1, 2012
30-17b(a)
Sec. 6
July 1, 2012
30-20(a) and (b)
Sec. 7
July 1, 2012
30-20
Sec. 8
July 1, 2012
30-37c
Sec. 9
July 1, 2012
30-48(a)
Sec. 10
from passage
30-48a(a)
Sec. 11
July 1, 2012
30-51
Sec. 12
July 1, 2012
30-63(b) and (c)
Sec. 13
July 1, 2012
30-77
Sec. 14
from passage
30-91(a)
Sec. 15
from passage
30-91(d) and (e)
Sec. 16
from passage
30-91
Sec. 17
July 1, 2012
30-94
Sec. 18
July 1, 2012
New section
Sec. 19
from passage
30-6a(b)
Sec. 20
from passage
30-67
Sec. 21
from passage
1-84b(c)
Sec. 22
from passage
5-142(a)
Sec. 23
from passage
30-4
Sec. 24
from passage
Repealer section
Statement of Purpose:
To implement the Governor's budget recommendations.
[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.]