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General Assembly Raised Bill No. 7184
January Session, 2019
LCO No. 4577
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING TH E LIQUOR CONTROL ACT.
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 Section 30-14a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019, and 2
applicable to new package store permits issued on and after said date): 3
A package store permit may be renewed by the person to whom it 4
was issued or by any person who is a transferee or purchaser of 5
premises operating under a package store permit and who meets the 6
requirements of this chapter concerning eligibility for a liquor permit. 7
Commencing June 8, 1986, the Department of Consumer Protection 8
may issue one package store permit for every [twenty-five hundred] 9
five thousand residents of a town as determined by the most recently 10
completed decennial census. The department may authorize the holder 11
of such permit to remove his permit premises to a location in another 12
town provided such removal complies with the provisions of this 13
chapter. 14
Sec. 2. (NEW) (Effective from passage) (a) The holder of a 15 Raised Bill No. 7184
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manufacturer permit for beer issued pursuant to subsection (b) of 16
section 30-16 of the general statutes, as amended by this act, the holder 17
of a manufacturer permit for cider issued pursuant to subsection (c) of 18
section 30-16 of the general statutes, as amended by this act, the holder 19
of a manufacturer permit for a farm winery issued pursuant to 20
subsection (e) of section 30-16 of the general statutes, as amended by 21
this act, the holder of a manufacturer permit for a brew pub issued 22
pursuant to subsection (g) of section 30-16 of the general statutes, as 23
amended by this act, or the holder of a manufacturer permit for beer 24
and brew pub issued pursuant to subsection (h) of section 30-16 of the 25
general statutes, as amended by this act, may conduct special event 26
catering on the permit premises, subject to regulations adopted 27
pursuant to subsection (b) of this section. A municipality may, by 28
ordinance or zoning regulation, prohibit any such special event 29
catering at premises within such town for which a manufacturer 30
permit for beer or a manufacturer permit for a farm winery has been 31
issued. 32
(b) The Department of Consumer Protection shall adopt regulations, 33
in accordance with the provisions of chapter 54 of the general statutes, 34
to implement the provisions of subsection (a) of this section. Such 35
regulations shall define "special event" and shall impose a fee of five 36
hundred dollars annually upon each permittee allowed to conduct 37
special event catering pursuant to subsection (a) of this section. 38
Sec. 3. Section 30-48a of the general statutes is repealed and the 39
following is substituted in lieu thereof (Effective July 1, 2019): 40
(a) No person, and no backer as defined in section 30-1, as amended 41
by this act, shall, except as provided in this section, acquire an interest 42
in more than four alcoholic beverage retail permits, except that on and 43
after July 1, 2016, such person or backer may acquire an interest in no 44
more than [five] ten alcoholic beverage retail permits, but nothing in 45
this section shall (1) require any such person who had, on June 8, 1981, 46
such interest in more than two such permits to surrender, dispose of or 47
release his or her interest in any such permit or permits nor shall it 48 Raised Bill No. 7184
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affect his or her right to continue to hold, use and renew such permits, 49
or (2) prohibit any such person who had, on June 8, 1981, such interest 50
in more than two such permits from transferring his or her interest in 51
such permits by inter vivos or testamentary disposition, including 52
living trusts, to his or her spouse or child, or such spouse's or child's 53
living trust or prohibit such spouse or child from accepting such a 54
transfer notwithstanding that such spouse or child may already hold 55
another permit issued under the provisions of this chapter. Any such 56
permit so transferred may be renewed by such transferee under the 57
provisions of section 30-14, as amended by this act. Except as provided 58
in subdivision (1) of this subsection, a person shall be deemed to 59
acquire an interest in a retail permit if an interest is owned by such 60
person, such person's spouse, children, partners, or an estate, trust, or 61
corporation controlled by such person or such person's spouse, 62
children, or any combination thereof. The provisions of this subsection 63
shall apply to any such interest without regard to whether such 64
interest is a controlling interest. For the purposes of this subsection, 65
"person" means (A) an individual, (B) a corporation or any subsidiary 66
of a corporation, or (C) any combination of corporations or individuals 67
any of whom, or any combination of whom, owns or controls, directly 68
or indirectly, more than five per cent of any entity which is a backer as 69
defined in said section 30-1, as amended by this act. 70
(b) A retail permit for the purposes of subsection (a) of this section 71
means a package store liquor permit or a druggist liquor permit. 72
(c) Membership in any organization which is or may become the 73
holder of a club permit shall not constitute acquisition of an interest in 74
a retail permit. 75
(d) Any person who violates any provision of this section or of any 76
regulation adopted pursuant to this section shall be fined not less than 77
fifty dollars nor more than two hundred fifty dollars and any permit 78
issued in violation of this section shall be revoked. 79
Sec. 4. Subsection (c) of section 30-68m of the general statutes is 80 Raised Bill No. 7184
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repealed and the following is substituted in lieu thereof (Effective July 81
1, 2019): 82
(c) Notwithstanding the provisions of subsection (b) of this section, 83
a retail permittee may sell [one] ten beer [item] items identified by [a 84
stock-keeping unit number or one item] brand and size and ten items 85
of alcoholic liquor other than beer identified by [a stock-keeping unit 86
number] brand and size below his or her cost each month, provided 87
the [item is] items are not sold at less than ninety per cent of such retail 88
permittee's cost. A retail permittee who intends to sell [an item] items 89
below cost pursuant to this subsection shall notify the Department of 90
Consumer Protection of such sale not later than the second day of the 91
month such [item] items will be offered for sale. 92
Sec. 5. Subdivision (6) of section 30-1 of the general statutes is 93
repealed and the following is substituted in lieu thereof (Effective July 94
1, 2019): 95
(6) (A) "Case price" means the price of a container of cardboard, 96
wood or other material, containing units of the same size [, brand, age 97
and proof] and class of alcoholic liquor, and (B) a case of alcoholic 98
liquor, other than beer, cordials, cocktails, wines and prepared mixed 99
drinks, shall be in the number and quantity, or fewer, with the 100
permission of the Commissioner of Consumer Protection, of units or 101
bottles as follows: (i) Six one thousand seven hundred fifty milliliter 102
bottles; (ii) twelve one liter bottles; (iii) twelve seven hundred fifty 103
milliliter bottles; (iv) twenty-four three hundred seventy-five milliliter 104
bottles; (v) forty-eight two hundred milliliter bottles; (vi) sixty one 105
hundred milliliter bottles; or (vii) one hundred twenty fifty milliliter 106
bottles, except a case of fifty milliliter bottles may be in a number and 107
quantity as originally configured, packaged and sold by the 108
manufacturer or out-of-state shipper prior to shipment, provided such 109
number of bottles does not exceed two hundred. The commissioner 110
shall not authorize fewer numbers or quantities of units or bottles as 111
specified in this subdivision for any one person or entity more than 112
four times in any calendar year. For purposes of this subdivision, 113 Raised Bill No. 7184
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"class" shall have the meaning specified in the 27 CFR 5.22, as 114
amended, for spirits, in the 27 CFR 4.21, as amended, for wine and in 115
the 27 CFR, as amended, for beer. 116
Sec. 6. Section 30-68l of the general statutes is repealed and the 117
following is substituted in lieu thereof (Effective July 1, 2019): 118
(a) No wholesaler permittee shall sell to any purchaser holding a 119
permit for the sale of alcoholic liquor for on or off premises 120
consumption at a price which is below such wholesaler permittee's 121
cost. For the purposes of this section, "cost" means: (1) On domestic 122
alcoholic liquor bottled in the state, the total of (A) the cost of all 123
ingredients, (B) all transportation charges from the point of origin to 124
the point of destination, (C) all applicable federal and state taxes, and 125
(D) the cost of containers, labels, caps, closures and all bottling charges 126
and labor; (2) on imported alcoholic liquor bottled in the state, the total 127
of (A) the invoice price from the supplier, (B) all other ingredients, (C) 128
the cost of duties, (D) all applicable federal and state taxes, (E) 129
insurance, (F) ocean freight and brokerage charges, (G) all 130
transportation charges, and (H) the cost of containers, labels, caps, 131
closures and all bottling charges and labor; (3) on domestic alcoholic 132
liquors not bottled in this state, the total of (A) the posted price from 133
the supplier to the wholesaler, (B) the cost of shipping or delivery 134
charges to the wholesaler's place of business which were paid by the 135
wholesaler in addition to the posted price, and (C) all applicable 136
federal and state taxes paid by the wholesaler in addition to the posted 137
price; (4) on imported alcoholic liquor not bottled in the state, the total 138
of (A) the posted price from the supplier, (B) the cost of duties, 139
insurance, ocean freight and brokerage charges and transportation 140
charges paid by the wholesaler in addition to the posted price, and (C) 141
all applicable federal and state taxes paid by the wholesaler in addition 142
to the posted price. The provisions of this section shall not apply to 143
sales of wine. 144
(b) Subject to prior approval from a manufacturer permittee or out-145
of-state shipper permittee, a wholesaler permittee may package and 146 Raised Bill No. 7184
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sell to a retail permittee a nonuniform case, containing bottles only of 147
one class of alcoholic liquor, if the wholesaler holds the exclusive 148
rights to all bottles in such nonuniform case. A wholesaler who does 149
not hold exclusive rights to a given brand trademark may sell to a 150
retail permittee a nonuniform case containing bottles only of one class 151
of alcoholic liquor, provided all of the bottles in such nonuniform case 152
are available to all nonexclusive wholesalers who also have rights to 153
the given brand trademarks. 154
Sec. 7. Section 30-63 of the general statutes is repealed and the 155
following is substituted in lieu thereof (Effective July 1, 2019): 156
(a) No holder of any manufacturer, wholesaler or out-of-state 157
shipper's permit shall ship, transport or deliver within this state, or sell 158
or offer for sale, any alcoholic liquors, except for beer manufactured by 159
a permittee in this state and sold for consumption only on the 160
permittee's premises, unless the name of the brand, trade name or 161
other distinctive characteristic by which such alcoholic liquors are 162
bought and sold, the name and address of the manufacturer thereof 163
and the name and address of each wholesaler permittee who is 164
authorized by the manufacturer or his authorized representative to sell 165
such alcoholic liquors are registered with the Department of Consumer 166
Protection and until such brand, trade name or other distinctive 167
characteristic has been approved by the department. Such registration 168
shall be valid for a period of three years. The fee for such registration, 169
or renewal thereof, shall be two hundred dollars for out-of-state 170
shippers and fifteen dollars for Connecticut manufacturers for each 171
brand so registered, payable by the manufacturer or such 172
manufacturer's authorized representative when such liquors are 173
manufactured in the United States and by the importer or such 174
importer's authorized representative when such liquors are imported 175
into the United States. The department shall not approve the brand 176
registration of any fortified wine, as defined in section 12-433, which is 177
labeled, packaged or canned so as to appear to be a wine or liquor 178
cooler, as defined in section 12-433. 179 Raised Bill No. 7184
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(b) No manufacturer, wholesaler or out-of-state shipper permittee 180
shall discriminate in any manner in price discounts between one 181
permittee and another on sales or purchases of alcoholic liquors 182
bearing the same brand or trade name and of like age, size and quality, 183
nor shall such manufacturer, wholesaler or out-of-state shipper 184
permittee allow in any form any discount, rebate, free goods, 185
allowance or other inducement for the purpose of making sales or 186
purchases. Nothing in this subsection shall be construed to prohibit 187
beer manufacturers, beer wholesalers or beer out-of-state shipper 188
permittees from differentiating in the manner in which their products 189
are packaged on the basis of on-site or off-site consumption. 190
(c) For alcoholic liquor other than beer, each manufacturer, 191
wholesaler and out-of-state shipper permittee shall post with the 192
department, on a monthly basis, the bottle, can and case price of any 193
brand of goods offered for sale in Connecticut, which price when so 194
posted shall be the controlling price for such manufacturer, wholesaler 195
or out-of-state permittee for the month following such posting. On and 196
after July 1, 2005, for beer, each manufacturer, wholesaler and out-of-197
state shipper permittee shall post with the department, on a monthly 198
basis, the bottle, can and case price, and the price per keg or barrel or 199
fractional unit thereof for any brand of goods offered for sale in 200
Connecticut which price when so posted shall be the controlling price 201
for such brand of goods offered for sale in this state for the month 202
following such posting. Such manufacturer, wholesaler and out-of-203
state shipper permittee may also post additional prices for such bottle, 204
can, case, keg or barrel or fractional unit thereof for a specified portion 205
of the following month which prices when so posted shall be the 206
controlling prices for such bottle, can, case, keg or barrel or fractional 207
unit thereof for such specified portion of the following month. Notice 208
of all manufacturer, wholesaler and out-of-state shipper permittee 209
prices shall be given to permittee purchasers by direct mail, Internet 210
web site or advertising in a trade publication having circulation among 211
the retail permittees except a wholesaler permittee may give such 212
notice by hand delivery. Price postings with the department setting 213 Raised Bill No. 7184
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forth wholesale prices to retailers shall be available for inspection 214
during regular business hours at the offices of the department by 215
manufacturers and wholesalers until three o'clock p.m. of the first 216
business day after the last day for posting prices. A manufacturer or 217
wholesaler may amend such manufacturer's or wholesaler's posted 218
price for any month to meet a lower price posted by another 219
manufacturer or wholesaler with respect to alcoholic liquor bearing the 220
same brand or trade name and of like age, vintage, quality and unit 221
container size; provided that any such amended price posting shall be 222
filed before three o'clock p.m. of the fourth business day after the last 223
day for posting prices; and provided further such amended posting 224
shall not set forth prices lower than those being met. Any 225
manufacturer or wholesaler posting an amended price shall, at the 226
time of posting, identify in writing the specific posting being met. On 227
and after July 1, 2005, all wholesaler postings, other than for beer, for 228
the following month shall be provided to retail permittees not later 229
than the twenty-seventh day of the month prior to such posting. All 230
wholesaler postings for beer shall be provided to retail permittees not 231
later than the twentieth day of the month prior to such posting. 232
(d) Monthly price postings for a nonuniform case of alcoholic liquor 233
shall contain the bottle price for each item contained in the nonuniform 234
case, the unit price and the case price. The bottle price posted for a 235
nonuniform case shall be equal to the bottle price posted for the same 236
month for a case containing one class and brand of alcoholic liquor. 237
Sec. 8. (NEW) (Effective July 1, 2019) A manufacturer permit for 238
mead shall be in all respects the same as a manufacturer permit issued 239
pursuant to subsection (a) of section 30-16 of the general statutes, as 240
amended by this act, except that the scope of operations of the holder 241
shall be limited to mead, but shall permit the storage of mead in any 242
part of the state. Such permit shall also authorize the offering and 243
tasting, on the premises of the permittee, of free samples of mead 244
brewed on such premises and the selling at retail from the premises of 245
sealed bottles or other sealed containers of such mead for consumption 246
off the premises. The offering and tasting may be limited to visitors 247 Raised Bill No. 7184
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who have attended a tour of the premises of the permittee. Such selling 248
at retail from the premises of sealed bottles or other sealed containers 249
shall comply with the provisions of subsection (d) of section 30-91 of 250
the general statutes for manufacturer permits for beer. The annual fee 251
for a manufacturer permit for mead shall be five hundred dollars. 252
Sec. 9. Section 30-16 of the general statutes is repealed and the 253
following is substituted in lieu thereof (Effective July 1, 2019): 254
(a) A manufacturer permit shall allow the manufacture of alcoholic 255
liquor and the storage, bottling and wholesale distribution and sale of 256
alcoholic liquor manufactured or bottled to permittees in this state and 257
without the state as may be permitted by law; but no such permit shall 258
be granted unless the place or the plan of the place of manufacture has 259
received the approval of the Department of Consumer Protection. The 260
holder of a manufacturer permit who produces less than [twenty-five] 261
one hundred thousand gallons of alcoholic liquor in a calendar year 262
may sell at retail from the premises sealed bottles or other sealed 263
containers of alcoholic liquor manufactured on the premises for 264
consumption off the premises, provided such holder shall not sell to 265
any one consumer more than one and one-half liters of alcoholic liquor 266
per day nor more than five gallons of alcoholic liquor in any two-267
month period. Retail sales by a holder of a manufacturer permit shall 268
occur only on the days and times permitted under subsection (d) of 269
section 30-91. A holder of a manufacturer permit, alone or in 270
combination with any parent or subsidiary business or related or 271
affiliated party, who sells more than ten thousand gallons of alcoholic 272
liquor in any calendar year may not sell alcoholic liquor at wholesale 273
to retail permittees within this state. Such permit shall also authorize 274
the offering and tasting, on the premises of the permittee, of free 275
samples of spirits distilled on the premises. Tastings shall not exceed 276
two ounces per patron per day and shall not be allowed on such 277
premises on Sunday before eleven o'clock a.m. and after eight o'clock 278
p.m. and on any other day before ten o'clock a.m. and after eight 279
o'clock p.m. No tastings shall be offered to or allowed to be consumed 280
by any minor or intoxicated person. A holder of a manufacturer permit 281 Raised Bill No. 7184
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may apply for and shall receive an out-of-state shipper's permit for 282
manufacturing plants and warehouse locations outside the state 283
owned by such manufacturer or a subsidiary corporation thereof, at 284
least eighty-five per cent of the voting stock of which is owned by such 285
manufacturer, to bring into any of its plants or warehouses in the state 286
alcoholic liquors for reprocessing, repackaging, reshipment or sale 287
either (1) within the state to wholesaler permittees not owned or 288
controlled by such manufacturer, or (2) outside the state. The annual 289
fee for a manufacturer permit shall be one thousand eight hundred 290
fifty dollars. 291
(b) A manufacturer permit for beer shall be in all respects the same 292
as a manufacturer permit, except that the scope of operations of the 293
holder shall be limited to beer, but shall permit the storage of beer in 294
any part of the state. Such permit shall also authorize the offering and 295
tasting, on the premises of the permittee, of free samples of beer 296
brewed on such premises and the selling at retail from the premises of 297
sealed bottles or other sealed containers of such beer for consumption 298
off the premises. The offering and tasting may be limited to visitors 299
who have attended a tour of the premises of the permittee. Such selling 300
at retail from the premises of sealed bottles or other sealed containers 301
shall comply with the provisions of subsection (d) of section 30-91. 302
[and shall permit not more than nine liters of beer to be sold to any 303
person on any day on which such sale is authorized under the 304
provisions of subsection (d) of section 30-91.] The annual fee for a 305
manufacturer permit for beer shall be one thousand dollars. 306
(c) A manufacturer permit for cider not exceeding six per cent 307
alcohol by volume and apple wine not exceeding fifteen per cent 308
alcohol by volume shall allow (1) the manufacture, storage, bottling 309
and wholesale distribution and sale at retail of such cider and apple 310
wine to permittees and nonpermittees in this state as may be permitted 311
by law; but no such permit shall be issued unless the place or the plan 312
of the place of manufacture has received the approval of the 313
department; (2) the sale and shipment by the holder of such permit of 314
such cider and such apple wine to persons outside the state and to 315 Raised Bill No. 7184
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consumers in this state in the same manner and subject to the same 316
conditions as such sale and shipment is permitted for wine by a farm 317
winery manufacturer permittee pursuant to subsection (e) of this 318
section; [and] (3) the offering and tasting, on the premises of the 319
permittee, of free samples of cider and apple wine manufactured on 320
such premises; and (4) the sale at retail on the premises of such cider 321
and apple wine by the glass and bottle to visitors on the premises for 322
consumption on the premises. Tastings shall not exceed two ounces 323
per patron and shall not be allowed on such premises on Sunday 324
before eleven o'clock a.m. and after eight o'clock p.m. and on any other 325
day before ten o'clock a.m. and after eight o'clock p.m. No tasting shall 326
be offered to or allowed to be consumed by any minor or intoxicated 327
person. Offerings and tastings may be limited to visitors who have 328
attended a tour of the premises of the permittee. The annual fee for a 329
manufacturer permit for cider shall be two hundred dollars. 330
(d) A manufacturer permit for apple brandy and eau-de-vie shall be 331
in all respects the same as a manufacturer permit, except that the scope 332
of operations of the holder shall be limited to apple brandy or eau-de-333
vie, or both. The annual fee for a manufacturer permit for apple 334
brandy and eau-de-vie shall be four hundred dollars. 335
(e) (1) A manufacturer permit for a farm winery shall be in all 336
respects the same as a manufacturer permit, except that the scope of 337
operations of the holder shall be limited to wine and brandies distilled 338
from grape products or other fruit products, including grappa and 339
eau-de-vie. As used in this section, "farm winery" means any place or 340
premises that is located on a farm in the state in which wine is 341
manufactured and sold. 342
(2) Such permit shall, at the single principal premises of the farm 343
winery, authorize (A) the sale in bulk by the holder thereof from the 344
premises where the products are manufactured pursuant to such 345
permit; (B) as to a manufacturer who produces one hundred thousand 346
gallons of wine or less per year, the sale and shipment by the holder 347
thereof to a retailer of wine manufactured by the farm winery 348 Raised Bill No. 7184
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permittee in the original sealed containers of not more than fifteen 349
gallons per container; (C) the sale and shipment by the holder thereof 350
of wine manufactured by the farm winery permittee to persons outside 351
the state; (D) the offering and tasting of free samples of such wine or 352
brandy, dispensed out of bottles or containers having capacities of not 353
more than two gallons per bottle or container, to visitors and 354
prospective retail customers for consumption on the premises of the 355
farm winery permittee; (E) the sale at retail from the premises of sealed 356
bottles or other sealed containers of such wine or brandy for 357
consumption off the premises; (F) the sale at retail from the premises of 358
wine or brandy or beer manufactured by the holder of a permit issued 359
pursuant to subsection (b), (f), (g) or (h) of this section by the glass and 360
bottle to visitors on the premises of the farm winery permittee for 361
consumption on the premises; and (G) subject to the provisions of 362
subdivision (3) of this subsection, the sale and delivery or shipment of 363
wine manufactured by the permittee directly to a consumer in this 364
state. Notwithstanding the provisions of subparagraphs (D), (E) and 365
(F) of this subdivision, a town may, by ordinance or zoning regulation, 366
prohibit any such offering, tasting or selling at retail at premises within 367
such town for which a manufacturer permit for a farm winery has been 368
issued. 369
(3) A permittee, when selling and shipping wine directly to a 370
consumer in this state, shall: (A) Ensure that the shipping labels on all 371
containers of wine shipped directly to a consumer in this state 372
conspicuously state the following: "CONTAINS ALCOHOL —373
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 374
DELIVERY"; (B) obtain the signature of a person age twenty-one or 375
older at the address prior to delivery, after requiring the signer to 376
demonstrate that he or she is age twenty-one or older by providing a 377
valid motor vehicle operator's license or a valid identity card described 378
in section 1-1h; (C) not ship more than five gallons of wine in any two-379
month period to any person in this state; (D) pay, to the Department of 380
Revenue Services, all sales taxes and alcoholic beverage taxes due 381
under chapters 219 and 220 on sales of wine to consumers in this state, 382 Raised Bill No. 7184
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and file, with said department, all sales tax returns and alcoholic 383
beverage tax returns relating to such sales; (E) report to the 384
Department of Consumer Protection a separate and complete record of 385
all sales and shipments to consumers in the state, on a ledger sheet or 386
similar form which readily presents a chronological account of such 387
permittee's dealings with each such consumer; (F) not ship to any 388
address in the state where the sale of alcoholic liquor is prohibited by 389
local option pursuant to section 30-9; and (G) hold an in-state 390
transporter's permit pursuant to section 30-19f or make any such 391
shipment through the use of a person who holds such an in-state 392
transporter's permit. 393
(4) No licensed farm winery may sell any such wine or brandy not 394
manufactured by such winery, except a licensed farm winery may sell 395
from the premises (A) wine manufactured by another farm winery 396
located in this state, and (B) brandy manufactured from fruit harvested 397
in this state and distilled off the premises in this state. 398
(5) The farm winery permittee shall grow on the premises of the 399
farm winery or on property under the same ownership and control of 400
said permittee or leased by the backer of a farm winery permit or by 401
said permittee within the farm winery's principal state an average crop 402
of fruit equal to not less than twenty-five per cent of the fruit used in 403
the manufacture of the farm winery permittee's wine. An average crop 404
shall be defined each year as the average yield of the farm winery 405
permittee's two largest annual crops out of the preceding five years, 406
except that during the first seven years from the date of issuance of a 407
farm winery permit, an average crop shall be defined as three tons of 408
grapes for each acre of vineyard farmed by the farm winery permittee. 409
Such seven-year period shall not begin anew if the property for which 410
the farm winery permit is held is transferred or sold during such 411
seven-year period. In the event the farm winery consists of more than 412
one property, the aggregate acreage of the farm winery shall not be 413
less than five acres. 414
(6) A holder of a manufacturer permit for a farm winery, when 415 Raised Bill No. 7184
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advertising or offering wine for direct shipment to a consumer in this 416
state via the Internet or any other on-line computer network, shall 417
clearly and conspicuously state such liquor permit number in its 418
advertising. 419
(7) A holder of a manufacturer permit for a farm winery may sell 420
and offer free tastings of wine manufactured from such winery at a 421
farmers' market, as defined in section 22-6r, that is operated as a 422
nonprofit enterprise or association, provided such farmers' market 423
invites such holder to sell wine at such farmers' market and such 424
holder has a farmers' market wine sales permit issued by the 425
Commissioner of Consumer Protection in accordance with the 426
provisions of subsection (a) of section 30-37o. 427
(8) The annual fee for a manufacturer permit for a farm winery shall 428
be three hundred dollars. 429
(f) (1) A manufacturer permit for a farm brewery shall be in all 430
respects the same as a manufacturer permit, except that the scope of 431
operations of the holder shall be limited to the production of not more 432
than seventy-five thousand gallons of beer in a calendar year. As used 433
in this section, "farm brewery" means any place or premises that is 434
located on a farm in the state in which beer is manufactured and sold. 435
(2) Such permit shall, at the single principal premises of the farm 436
brewery, authorize (A) the sale of sealed bottles or other sealed 437
containers of beer brewed on such premises to the holder of a 438
wholesaler permit issued pursuant to section 30-17; (B) the offering 439
and tasting of free samples of beer manufactured by the farm brewery 440
permittee, dispensed out of bottles or other sealed containers to 441
visitors and prospective retail customers for consumption on the 442
premises of the farm brewery permittee; (C) the sale at retail from the 443
premises of not more than nine liters of such beer to any person per 444
day, in sealed bottles or other sealed containers, for consumption off 445
the premises; and (D) the sale at retail from the premises of beer or of 446
wine manufactured by the holder of a permit issued pursuant to 447 Raised Bill No. 7184
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subsection (e) of this section by the glass and bottle to visitors on the 448
premises of the farm brewery permittee for consumption on the 449
premises. Notwithstanding the provisions of subparagraphs (A) to (D), 450
inclusive, of this subdivision, a town may, by ordinance or zoning 451
regulation, prohibit any such offering, tasting or selling at retail at 452
premises within such town for which a manufacturer permit for a farm 453
brewery has been issued. 454
(3) The farm brewery permittee shall use not less than twenty-five 455
per cent of a combination of hops, barley, cereal grains, honey, flowers 456
or other fermentables grown or malted within the state of Connecticut 457
in the manufacture of the farm brewery permittee's beer for the first 458
year of issuance for any such permit and not less than fifty per cent of 459
such hops, barley, cereal grains, honey, flowers or other fermentables 460
in the manufacture of the farm brewery permittee's beer for the second 461
and any subsequent year of issuance for any such permit. Any such 462
beer may be advertised and sold by the farm brewery permittee as 463
"Connecticut Craft Beer". 464
(4) A holder of a manufacturer permit for a farm brewery may sell 465
beer manufactured from such brewery at a farmers' market, as defined 466
in section 22-6r, that is operated as a nonprofit enterprise or 467
association, provided such farmers' market invites such holder to sell 468
beer at such farmers' market and such holder has a farmers' market 469
beer sales permit issued by the Commissioner of Consumer Protection 470
in accordance with the provisions of subsection (a) of section 30-37r. 471
(5) The annual fee for a manufacturer permit for a farm brewery 472
shall be three hundred dollars. 473
(g) A manufacturer permit for a brew pub shall allow: (1) The 474
manufacture, storage and bottling of beer, (2) the retail sale of alcoholic 475
liquor, including wine manufactured by the holder of a permit issued 476
pursuant to subsection (e) of this section, to be consumed on the 477
premises with or without the sale of food, (3) the selling at retail from 478
the premises of sealed bottles or other sealed containers of beer brewed 479 Raised Bill No. 7184
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on such premises for consumption off the premises, and (4) the sale of 480
sealed bottles or other sealed containers of beer brewed on such 481
premises to the holder of a wholesaler permit issued pursuant to 482
subsection (b) of section 30-17, provided that the holder of a 483
manufacturer permit for a brew pub produces at least five thousand 484
gallons of beer on the premises annually. Such selling at retail from the 485
premises of sealed bottles or other sealed containers shall comply with 486
the provisions of subsection (d) of section 30-91 and shall permit not 487
more than nine liters of beer to be sold to any person on any day on 488
which such sale is authorized under the provisions of subsection (d) of 489
section 30-91. The annual fee for a manufacturer permit for a brew pub 490
shall be three hundred dollars. 491
(h) A manufacturer permit for beer and brew pub shall be in all 492
respects the same as a manufacturer permit for beer, as defined in 493
subsection (b) of this section, and shall allow those additional 494
permissible uses specified in the manufacturer permit for a brew pub, 495
as defined in subsection (g) of this section, provided the holder of a 496
manufacturer permit for beer and brew pub produces at least five 497
thousand gallons of beer on the premises annually. The annual fee for 498
a manufacturer permit for beer and brew pub shall be one thousand 499
five hundred dollars. 500
(i) (1) A manufacturer permit for a farm distillery shall be in all 501
respects the same as a manufacturer permit, except that the scope of 502
operations of the holder shall be limited to the production of not more 503
than ten thousand gallons per calendar year of distilled alcohol or 504
spirits including, but not limited to, whiskey, gin, vodka and rum. As 505
used in this section, "farm distillery" means any place or premises that 506
is located on a farm in the state in which distilled spirits or alcohol are 507
manufactured and sold. 508
(2) Such permit shall, at the single principal premises of the farm 509
distillery, authorize (A) the sale in bulk by the holder thereof from the 510
premises where the products are manufactured pursuant to such 511
permit; (B) the sale and shipment by the holder thereof to a retailer of 512 Raised Bill No. 7184
LCO No. 4577 17 of 23
distilled alcohol or spirits manufactured by the farm distillery 513
permittee in the original sealed containers of not more than fifteen 514
gallons per container; (C) the offering and tasting of free samples of 515
such distilled alcohol or spirits, in amounts not to exceed two ounces 516
per day per person, to visitors and prospective retail customers for 517
consumption on the premises of the farm distillery permittee; and (D) 518
the sale at retail from the premises of sealed bottles or other sealed 519
containers, in amounts not to exceed four and one-half liters per 520
customer per day, of such distilled alcohol or spirits for consumption 521
off the premises. Notwithstanding the provisions of subparagraphs (C) 522
and (D) of this subdivision, a town may, by ordinance or zoning 523
regulation, prohibit any such offering, tasting or selling at retail at 524
premises within such town for which a manufacturer permit for a farm 525
distillery has been issued. 526
(3) No licensed farm distillery may sell any such distilled alcohol or 527
spirits not manufactured by such distillery. 528
(4) The farm distillery permittee shall grow on the premises of the 529
farm distillery or on property under the same ownership and control 530
of said permittee or leased by the backer of a farm distillery permit or 531
by said permittee within the farm distillery's principal state an average 532
crop of fruit or crops equal to not less than twenty-five per cent of the 533
fruit or crops used in the manufacture of the farm distillery permittee's 534
distilled alcohol or spirits. An average crop shall be defined each year 535
as the average yield of the farm distillery permittee's two largest 536
annual crops out of the preceding five years. In the event the farm 537
distillery consists of more than one property, the aggregate acreage of 538
the farm distillery shall not be less than five acres. 539
(5) The annual fee for a manufacturer permit for a farm distillery 540
shall be three hundred dollars. 541
Sec. 10. Section 30-18a of the general statutes is repealed and the 542
following is substituted in lieu thereof (Effective July 1, 2019): 543
(a) (1) An out-of-state winery shipper's permit for wine shall allow 544 Raised Bill No. 7184
LCO No. 4577 18 of 23
the sale of wine to manufacturer and wholesaler permittees in this 545
state as permitted by law and for those shippers that produce not more 546
than one hundred thousand gallons of wine per year, the sale and 547
shipment by the holder thereof to a retailer of wine manufactured by 548
such permittee in the original sealed containers of not more than 549
fifteen gallons per container. For purposes of this section, "wine" shall 550
include cider not exceeding six per cent alcohol by volume and apple 551
wine not exceeding fifteen per cent alcohol by volume. 552
(2) An out-of-state retailer shipper's permit for wine shall allow the 553
sale and shipment of wine directly to a consumer in this state. 554
(b) Subject to the provisions of this subsection, [an out-of-state 555
winery shipper's permit for wine] the permits under subsection (a) of 556
this section shall allow the sale and delivery or shipment of wine 557
manufactured or sold by the permittee directly to a consumer in this 558
state. Such permittee, when selling and shipping wine directly to a 559
consumer in this state, shall: (1) Ensure that the shipping labels on all 560
containers of wine shipped directly to a consumer in this state 561
conspicuously state the following: "CONTAINS ALCOHOL —562
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 563
DELIVERY"; (2) obtain the signature of a person age twenty-one or 564
older at the address prior to delivery, after requiring the signer to 565
demonstrate that he or she is age twenty-one or older by providing a 566
valid motor vehicle operator's license or a valid identity card described 567
in section 1-1h; (3) not ship more than five gallons of wine in any two-568
month period to any person in this state and not ship any wine until 569
such permittee is registered, with respect to the permittee's sales of 570
wine to consumers in this state, for purposes of the taxes imposed 571
under chapters 219 and 220, with the Department of Revenue Services; 572
(4) pay, to the Department of Revenue Services, all sales taxes and 573
alcoholic beverage taxes due under chapters 219 and 220 on sales of 574
wine to consumers in this state, and file, with said department, all sales 575
tax returns and alcoholic beverage tax returns relating to such sales, 576
with the amount of such taxes to be calculated as if the sale were in this 577
state at the location where delivery is made; (5) report to the 578 Raised Bill No. 7184
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Department of Consumer Protection a separate and complete record of 579
all sales and shipments to consumers in the state, on a ledger sheet or 580
similar form which readily presents a chronological account of such 581
permittee's dealings with each such consumer; (6) permit the 582
Department of Consumer Protection and Department of Revenue 583
Services, separately or jointly, to perform an audit of the permittee's 584
records upon request; (7) not ship to any address in the state where the 585
sale of alcoholic liquor is prohibited by local option pursuant to section 586
30-9; (8) hold an in-state transporter's permit pursuant to section 30-19f 587
or make any such shipment through the use of a person who holds 588
such an in-state transporter's permit; and (9) execute a written consent 589
to the jurisdiction of this state, its agencies and instrumentalities and 590
the courts of this state concerning the enforcement of this section and 591
any related laws, rules, or regulations, including tax laws, rules or 592
regulations. 593
(c) The Department of Consumer Protection, in consultation with 594
the Department of Revenue Services, may adopt regulations in 595
accordance with the provisions of chapter 54 to assure compliance 596
with the provisions of subsection (b) of this section. 597
(d) A holder of [an out-of-state winery shipper's permit for wine] a 598
permit under subsection (a) of this section, when advertising or 599
offering wine for direct shipment to a consumer in this state via the 600
Internet or any other on-line computer network, shall clearly and 601
conspicuously state such liquor permit number in its advertising. 602
(e) (1) For purposes of chapter 219, the holder of [an out-of-state 603
winery shipper's permit for wine] a permit under subsection (a) of this 604
section, when shipping wine directly to a consumer in this state, shall 605
be deemed to be a retailer engaged in business in this state as defined 606
in chapter 219 and shall be required to be issued a seller's permit 607
pursuant to chapter 219. 608
(2) For purposes of chapter 220, the holder of [an out-of-state winery 609
shipper's permit for wine] a permit under subsection (a) of this section, 610 Raised Bill No. 7184
LCO No. 4577 20 of 23
when shipping wine directly to a consumer in this state, shall be 611
deemed to be a distributor as defined in chapter 220 and shall be 612
required to be licensed pursuant to chapter 220. 613
(f) Any person who applies for an out-of-state winery shipper's 614
permit for wine or for the renewal of such permit shall furnish an 615
affidavit to the Department of Consumer Protection, in such form as 616
may be prescribed by the department, affirming whether the out-of-617
state winery that is the subject of such permit produced more than one 618
hundred thousand gallons of wine during the most recently completed 619
calendar year. 620
(g) The annual fee for [an out-of-state winery shipper's permit for 621
wine] a permit under subsection (a) of this section shall be three 622
hundred fifteen dollars. 623
(h) As used in this section, "out-of-state" means any state other than 624
Connecticut, any territory or possession of the United States, the 625
District of Columbia or the Commonwealth of Puerto Rico, but does 626
not include any foreign country. 627
Sec. 11. (NEW) (Effective July 1, 2019) Notwithstanding the 628
provisions of section 30-68m of the general statutes, as amended by 629
this act, the holder of a package store permit issued pursuant to section 630
30-20 of the general statutes may ship alcoholic liquor to a consumer 631
located out of state, subject to all applicable laws of the jurisdiction in 632
which such consumer is located. As used in this section, "out of state" 633
means any state other than Connecticut, any territory or possession of 634
the United States, the District of Columbia or the Commonwealth of 635
Puerto Rico, but does not include any foreign country. 636
Sec. 12. Section 30-6a of the general statutes is repealed and the 637
following is substituted in lieu thereof (Effective July 1, 2019): 638
(a) The Department of Consumer Protection may adopt in 639
accordance with the provisions of chapter 54 all necessary regulations, 640
subject to the provisions of subsection (c) of this section, to: (1) Carry 641 Raised Bill No. 7184
LCO No. 4577 21 of 23
out, enforce and prevent violation of the provisions of this chapter, (2) 642
inspect permit premises, (3) ensure sanitary conditions, (4) ensure 643
proper, safe and orderly conduct of permit premises, and (5) protect 644
the public against fraud or overcharge. 645
(b) More specifically, with respect to part V of this chapter, the 646
Department of Consumer Protection may adopt in accordance with the 647
provisions of chapter 54 regulations that are necessary to (1) carry out 648
the purposes of section 30-64 and prevent the circumvention thereof by 649
the offering or giving of any rebate, allowance [, free goods,] or 650
discount [or any other thing or service of value] for alcoholic liquor; (2) 651
permit the withdrawal of, an addition to, a deletion from or an 652
amendment of any schedule, or a modification of prices therein, when 653
not inconsistent with the purposes of said section 30-64, whenever 654
necessary to avoid practical difficulties or unnecessary hardships to 655
any permittee affected by said section 30-64 or because of acts or 656
circumstances beyond the control of such permittee and under such 657
terms and conditions as are necessary to carry out the purposes of said 658
section 30-64; (3) permit the sale by a retailer of a brand of alcoholic 659
liquor or wine for which a schedule of suggested consumer resale 660
prices has not been and cannot be filed, whenever necessary to avoid 661
practical difficulties or unnecessary hardships to any permittee 662
affected by said section or because of acts or circumstances beyond the 663
control of such permittee, and under such terms and conditions as are 664
necessary to carry out the purposes of said section 30-64; (4) subject to 665
the provisions of section 30-63e, permit the closeout of a brand for the 666
purpose of discontinuing its sale, under such terms and conditions as 667
are necessary to carry out the purposes of said section 30-64; (5) carry 668
out the purposes of sections 30-68k to 30-68m, inclusive, and section 669
30-76a and prevent their circumvention; (6) on verified application, 670
and for good cause shown, permit any adjustment or change of any 671
item on the schedule required to be filed under section 30-63, as 672
amended by this act, and said section 30-64; and (7) permit the sale at a 673
price which is less than cost by a supplier, wholesaler or retailer for 674
any item of alcoholic liquor, except beer, that is damaged or 675 Raised Bill No. 7184
LCO No. 4577 22 of 23
deteriorated in quality, or, subject to the provisions of section 30-63f, 676
permit the closeout of a brand or size for the purpose of discontinuing 677
its sale, under such terms and conditions as are necessary to carry out 678
the purposes of sections 30-68k to 30-68m, inclusive, and section 30-679
76a. 680
(c) The department shall not adopt any regulation: (1) Requiring 681
prior approval of alterations or changes in the interior or exterior of 682
permit premises; (2) requiring prior approval for live entertainment or 683
the installation of amusement devices or games; (3) requiring 684
registration of employees or agents of permittees; (4) requiring the 685
presence of retail permittees on permit premises during hours of sale 686
or prohibiting employment of such permittees in another occupation 687
or business except as provided in section 30-45; [or] (5) establishing a 688
mandated minimum price above which a permittee must sell; (6) 689
prohibiting a package store permittee from providing customers with 690
promotional items and novelties to promote or advertise the package 691
store; or (7) prohibiting a package store permittee from offering rebates 692
or discounts on goods other than alcoholic liquor sold by such 693
permittee on the permit premises. 694
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019, and
applicable to new package
store permits issued on and
after said date
30-14a
Sec. 2 from passage New section
Sec. 3 July 1, 2019 30-48a
Sec. 4 July 1, 2019 30-68m(c)
Sec. 5 July 1, 2019 30-1(6)
Sec. 6 July 1, 2019 30-68l
Sec. 7 July 1, 2019 30-63
Sec. 8 July 1, 2019 New section
Sec. 9 July 1, 2019 30-16
Sec. 10 July 1, 2019 30-18a
Sec. 11 July 1, 2019 New section Raised Bill No. 7184
LCO No. 4577 23 of 23
Sec. 12 July 1, 2019 30-6a
Statement of Purpose:
To make changes to the Liquor Control Act.
[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.]