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General Assembly Substitute Bill No. 7184
January Session, 2019
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 Section 30-14a of the general statutes is repealed and the 1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 all new 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] July 1, 2019, the Department of Consumer 8
Protection may issue one package store permit for every [twenty-five 9
hundred] five thousand residents of a town as determined by the most 10
recently completed decennial census. The department may authorize 11
the holder of such permit to remove his permit premises to a location 12
in another town provided such removal complies with the provisions 13
of this chapter. 14
Sec. 2. (NEW) (Effective from passage) (a) The holder of a 15
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 Substitute Bill No. 7184
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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] 2019, such person or backer may acquire an interest 44
in no more than [five] six alcoholic beverage retail permits, but nothing 45
in this section shall (1) require any such person who had, on June 8, 46
1981, such interest in more than two such permits to surrender, 47
dispose of or release his or her interest in any such permit or permits 48
nor shall it affect his or her right to continue to hold, use and renew 49
such permits, or (2) prohibit any such person who had, on June 8, 1981, 50
such interest in more than two such permits from transferring his or 51
her interest in such permits by inter vivos or testamentary disposition, 52 Substitute Bill No. 7184
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including living trusts, to his or her spouse or child, or such spouse's 53
or child's living trust or prohibit such spouse or child from accepting 54
such a transfer notwithstanding that such spouse or child may already 55
hold another permit issued under the provisions of this chapter. Any 56
such permit so transferred may be renewed by such transferee under 57
the provisions of section 30-14. Except as provided in subdivision (1) of 58
this subsection, a person shall be deemed to acquire an interest in a 59
retail permit if an interest is owned by such person, such person's 60
spouse, children, partners, or an estate, trust, or corporation controlled 61
by such person or such person's spouse, children, or any combination 62
thereof. The provisions of this subsection shall apply to any such 63
interest without regard to whether such interest is a controlling 64
interest. For the purposes of this subsection, "person" means (A) an 65
individual, (B) a corporation or any subsidiary of a corporation, or (C) 66
any combination of corporations or individuals any of whom, or any 67
combination of whom, owns or controls, directly or indirectly, more 68
than five per cent of any entity which is a backer as defined in said 69
section 30-1. 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. Subdivision (6) of section 30-1 of the general statutes is 80
repealed and the following is substituted in lieu thereof (Effective July 81
1, 2019): 82
(6) (A) "Case price" means the price of a container of cardboard, 83 Substitute Bill No. 7184
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wood or other material, containing units of the same size, brand [, age 84
and proof] and class of alcoholic liquor, and (B) a case of alcoholic 85
liquor, other than beer, cordials, cocktails, wines and prepared mixed 86
drinks, shall be in the number and quantity, or fewer, with the 87
permission of the Commissioner of Consumer Protection, of units or 88
bottles as follows: (i) Six one thousand seven hundred fifty milliliter 89
bottles; (ii) twelve one liter bottles; (iii) twelve seven hundred fifty 90
milliliter bottles; (iv) twenty-four three hundred seventy-five milliliter 91
bottles; (v) forty-eight two hundred milliliter bottles; (vi) sixty one 92
hundred milliliter bottles; or (vii) one hundred twenty fifty milliliter 93
bottles, except a case of fifty milliliter bottles may be in a number and 94
quantity as originally configured, packaged and sold by the 95
manufacturer or out-of-state shipper prior to shipment, provided such 96
number of bottles does not exceed two hundred. The commissioner 97
shall not authorize fewer numbers or quantities of units or bottles as 98
specified in this subdivision for any one person or entity more than 99
[four] eight times in any calendar year. For purposes of this 100
subdivision, "class" shall have the meaning specified in the 27 CFR 101
5.22, as amended, for spirits, in the 27 CFR 4.21, as amended, for wine 102
and in the 27 CFR 7.24, as amended, for beer. 103
Sec. 5. Section 30-68l of the general statutes is repealed and the 104
following is substituted in lieu thereof (Effective July 1, 2019): 105
(a) No wholesaler permittee shall sell to any purchaser holding a 106
permit for the sale of alcoholic liquor for on or off premises 107
consumption at a price which is below such wholesaler permittee's 108
cost. For the purposes of this section, "cost" means: (1) On domestic 109
alcoholic liquor bottled in the state, the total of (A) the cost of all 110
ingredients, (B) all transportation charges from the point of origin to 111
the point of destination, (C) all applicable federal and state taxes, and 112
(D) the cost of containers, labels, caps, closures and all bottling charges 113
and labor; (2) on imported alcoholic liquor bottled in the state, the total 114
of (A) the invoice price from the supplier, (B) all other ingredients, (C) 115
the cost of duties, (D) all applicable federal and state taxes, (E) 116 Substitute Bill No. 7184
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insurance, (F) ocean freight and brokerage charges, (G) all 117
transportation charges, and (H) the cost of containers, labels, caps, 118
closures and all bottling charges and labor; (3) on domestic alcoholic 119
liquors not bottled in this state, the total of (A) the posted price from 120
the supplier to the wholesaler, (B) the cost of shipping or delivery 121
charges to the wholesaler's place of business which were paid by the 122
wholesaler in addition to the posted price, and (C) all applicable 123
federal and state taxes paid by the wholesaler in addition to the posted 124
price; (4) on imported alcoholic liquor not bottled in the state, the total 125
of (A) the posted price from the supplier, (B) the cost of duties, 126
insurance, ocean freight and brokerage charges and transportation 127
charges paid by the wholesaler in addition to the posted price, and (C) 128
all applicable federal and state taxes paid by the wholesaler in addition 129
to the posted price. The provisions of this section shall not apply to 130
sales of wine. 131
(b) Subject to prior approval from a manufacturer permittee or out-132
of-state shipper permittee, a wholesaler permittee may package and 133
sell to a retail permittee a nonuniform case, containing bottles only of 134
one class of alcoholic liquor, if the wholesaler holds the exclusive 135
rights to all bottles in such nonuniform case. A wholesaler who does 136
not hold exclusive rights to a given brand trademark may sell to a 137
retail permittee a nonuniform case containing bottles only of one class 138
of alcoholic liquor, provided all of the bottles in such nonuniform case 139
are available to all nonexclusive wholesalers who also have rights to 140
the given brand trademarks. 141
Sec. 6. Section 30-63 of the general statutes is repealed and the 142
following is substituted in lieu thereof (Effective July 1, 2019): 143
(a) No holder of any manufacturer, wholesaler or out-of-state 144
shipper's permit shall ship, transport or deliver within this state, or sell 145
or offer for sale, any alcoholic liquors, except for beer manufactured by 146
a permittee in this state and sold for consumption only on the 147
permittee's premises, unless the name of the brand, trade name or 148
other distinctive characteristic by which such alcoholic liquors are 149 Substitute Bill No. 7184
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bought and sold, the name and address of the manufacturer thereof 150
and the name and address of each wholesaler permittee who is 151
authorized by the manufacturer or his authorized representative to sell 152
such alcoholic liquors are registered with the Department of Consumer 153
Protection and until such brand, trade name or other distinctive 154
characteristic has been approved by the department. Such registration 155
shall be valid for a period of three years. The fee for such registration, 156
or renewal thereof, shall be two hundred dollars for out-of-state 157
shippers and fifteen dollars for Connecticut manufacturers for each 158
brand so registered, payable by the manufacturer or such 159
manufacturer's authorized representative when such liquors are 160
manufactured in the United States and by the importer or such 161
importer's authorized representative when such liquors are imported 162
into the United States. The department shall not approve the brand 163
registration of any fortified wine, as defined in section 12-433, which is 164
labeled, packaged or canned so as to appear to be a wine or liquor 165
cooler, as defined in section 12-433. 166
(b) No manufacturer, wholesaler or out-of-state shipper permittee 167
shall discriminate in any manner in price discounts between one 168
permittee and another on sales or purchases of alcoholic liquors 169
bearing the same brand or trade name and of like age, size and quality, 170
nor shall such manufacturer, wholesaler or out-of-state shipper 171
permittee allow in any form any discount, rebate, free goods, 172
allowance or other inducement for the purpose of making sales or 173
purchases. Nothing in this subsection shall be construed to prohibit 174
beer manufacturers, beer wholesalers or beer out-of-state shipper 175
permittees from differentiating in the manner in which their products 176
are packaged on the basis of on-site or off-site consumption. 177
(c) For alcoholic liquor other than beer, each manufacturer, 178
wholesaler and out-of-state shipper permittee shall post with the 179
department, on a monthly basis, the bottle, can and case price of any 180
brand of goods offered for sale in Connecticut, which price when so 181
posted shall be the controlling price for such manufacturer, wholesaler 182 Substitute Bill No. 7184
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or out-of-state permittee for the month following such posting. On and 183
after July 1, 2005, for beer, each manufacturer, wholesaler and out-of-184
state shipper permittee shall post with the department, on a monthly 185
basis, the bottle, can and case price, and the price per keg or barrel or 186
fractional unit thereof for any brand of goods offered for sale in 187
Connecticut which price when so posted shall be the controlling price 188
for such brand of goods offered for sale in this state for the month 189
following such posting. Such manufacturer, wholesaler and out-of-190
state shipper permittee may also post additional prices for such bottle, 191
can, case, keg or barrel or fractional unit thereof for a specified portion 192
of the following month which prices when so posted shall be the 193
controlling prices for such bottle, can, case, keg or barrel or fractional 194
unit thereof for such specified portion of the following month. Notice 195
of all manufacturer, wholesaler and out-of-state shipper permittee 196
prices shall be given to permittee purchasers by direct mail, Internet 197
web site or advertising in a trade publication having circulation among 198
the retail permittees except a wholesaler permittee may give such 199
notice by hand delivery. Price postings with the department setting 200
forth wholesale prices to retailers shall be available for inspection 201
during regular business hours at the offices of the department by 202
manufacturers and wholesalers until three o'clock p.m. of the first 203
business day after the last day for posting prices. A manufacturer or 204
wholesaler may amend such manufacturer's or wholesaler's posted 205
price for any month to meet a lower price posted by another 206
manufacturer or wholesaler with respect to alcoholic liquor bearing the 207
same brand or trade name and of like age, vintage, quality and unit 208
container size; provided that any such amended price posting shall be 209
filed before three o'clock p.m. of the fourth business day after the last 210
day for posting prices; and provided further such amended posting 211
shall not set forth prices lower than those being met. Any 212
manufacturer or wholesaler posting an amended price shall, at the 213
time of posting, identify in writing the specific posting being met. On 214
and after July 1, 2005, all wholesaler postings, other than for beer, for 215
the following month shall be provided to retail permittees not later 216
than the twenty-seventh day of the month prior to such posting. All 217 Substitute Bill No. 7184
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wholesaler postings for beer shall be provided to retail permittees not 218
later than the twentieth day of the month prior to such posting. 219
(d) Monthly price postings for a nonuniform case of alcoholic liquor 220
shall contain the bottle price for each item contained in the nonuniform 221
case, the unit price and the case price. The bottle price posted for a 222
nonuniform case shall be equal to the bottle price posted for the same 223
month for a case containing one class and brand of alcoholic liquor. 224
Sec. 7. Section 30-16 of the general statutes is repealed and the 225
following is substituted in lieu thereof (Effective July 1, 2019): 226
(a) A manufacturer permit shall allow the manufacture of alcoholic 227
liquor and the storage, bottling and wholesale distribution and sale of 228
alcoholic liquor manufactured or bottled to permittees in this state and 229
without the state as may be permitted by law; but no such permit shall 230
be granted unless the place or the plan of the place of manufacture has 231
received the approval of the Department of Consumer Protection. The 232
holder of a manufacturer permit who produces less than [twenty-five] 233
one hundred thousand gallons of alcoholic liquor in a calendar year 234
may sell at retail from the premises sealed bottles or other sealed 235
containers of alcoholic liquor manufactured on the premises for 236
consumption off the premises, provided such holder shall not sell to 237
any one consumer more than one and one-half liters of alcoholic liquor 238
per day nor more than five gallons of alcoholic liquor in any two-239
month period. Retail sales by a holder of a manufacturer permit shall 240
occur only on the days and times permitted under subsection (d) of 241
section 30-91. A holder of a manufacturer permit, alone or in 242
combination with any parent or subsidiary business or related or 243
affiliated party, who sells more than ten thousand gallons of alcoholic 244
liquor in any calendar year may not sell alcoholic liquor at wholesale 245
to retail permittees within this state. Such permit shall also authorize 246
the offering and tasting, on the premises of the permittee, of free 247
samples of spirits distilled on the premises. Tastings shall not exceed 248
two ounces per patron per day and shall not be allowed on such 249
premises on Sunday before eleven o'clock a.m. and after eight o'clock 250 Substitute Bill No. 7184
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p.m. and on any other day before ten o'clock a.m. and after eight 251
o'clock p.m. No tastings shall be offered to or allowed to be consumed 252
by any minor or intoxicated person. A holder of a manufacturer permit 253
may apply for and shall receive an out-of-state shipper's permit for 254
manufacturing plants and warehouse locations outside the state 255
owned by such manufacturer or a subsidiary corporation thereof, at 256
least eighty-five per cent of the voting stock of which is owned by such 257
manufacturer, to bring into any of its plants or warehouses in the state 258
alcoholic liquors for reprocessing, repackaging, reshipment or sale 259
either (1) within the state to wholesaler permittees not owned or 260
controlled by such manufacturer, or (2) outside the state. The annual 261
fee for a manufacturer permit shall be one thousand eight hundred 262
fifty dollars. 263
(b) A manufacturer permit for beer shall be in all respects the same 264
as a manufacturer permit, except that the scope of operations of the 265
holder shall be limited to beer, but shall permit the storage of beer in 266
any part of the state. Such permit shall also authorize the offering and 267
tasting, on the premises of the permittee, of free samples of beer 268
brewed on such premises and the selling at retail from the premises of 269
sealed bottles or other sealed containers of such beer for consumption 270
off the premises. The offering and tasting may be limited to visitors 271
who have attended a tour of the premises of the permittee. Such selling 272
at retail from the premises of sealed bottles or other sealed containers 273
shall comply with the provisions of subsection (d) of section 30-91 and 274
shall permit not more than [nine liters] six gallons of beer to be sold to 275
any person on any day on which such sale is authorized under the 276
provisions of subsection (d) of section 30-91. The annual fee for a 277
manufacturer permit for beer shall be one thousand dollars. 278
(c) A manufacturer permit for cider not exceeding six per cent 279
alcohol by volume and apple wine not exceeding fifteen per cent 280
alcohol by volume shall allow (1) the manufacture, storage, bottling 281
and wholesale distribution and sale at retail of such cider and apple 282
wine to permittees and nonpermittees in this state as may be permitted 283 Substitute Bill No. 7184
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by law; but no such permit shall be issued unless the place or the plan 284
of the place of manufacture has received the approval of the 285
department; (2) the sale and shipment by the holder of such permit of 286
such cider and such apple wine to persons outside the state and to 287
consumers in this state in the same manner and subject to the same 288
conditions as such sale and shipment is permitted for wine by a farm 289
winery manufacturer permittee pursuant to subsection (e) of this 290
section; [and] (3) the offering and tasting, on the premises of the 291
permittee, of free samples of cider and apple wine manufactured on 292
such premises; and (4) the sale at retail on the premises of such cider 293
and apple wine by the glass and bottle to visitors on the premises for 294
consumption on the premises. Tastings shall not exceed two ounces 295
per patron and shall not be allowed on such premises on Sunday 296
before eleven o'clock a.m. and after eight o'clock p.m. and on any other 297
day before ten o'clock a.m. and after eight o'clock p.m. No tasting shall 298
be offered to or allowed to be consumed by any minor or intoxicated 299
person. Offerings and tastings may be limited to visitors who have 300
attended a tour of the premises of the permittee. The annual fee for a 301
manufacturer permit for cider shall be two hundred dollars. 302
(d) A manufacturer permit for apple brandy and eau-de-vie shall be 303
in all respects the same as a manufacturer permit, except that the scope 304
of operations of the holder shall be limited to apple brandy or eau-de-305
vie, or both. The annual fee for a manufacturer permit for apple 306
brandy and eau-de-vie shall be four hundred dollars. 307
(e) (1) A manufacturer permit for a farm winery shall be in all 308
respects the same as a manufacturer permit, except that the scope of 309
operations of the holder shall be limited to wine and brandies distilled 310
from grape products or other fruit products, including grappa and 311
eau-de-vie. As used in this section, "farm winery" means any place or 312
premises that is located on a farm in the state in which wine is 313
manufactured and sold. 314
(2) Such permit shall, at the single principal premises of the farm 315
winery, authorize (A) the sale in bulk by the holder thereof from the 316 Substitute Bill No. 7184
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premises where the products are manufactured pursuant to such 317
permit; (B) as to a manufacturer who produces one hundred thousand 318
gallons of wine or less per year, the sale and shipment by the holder 319
thereof to a retailer of wine manufactured by the farm winery 320
permittee in the original sealed containers of not more than fifteen 321
gallons per container; (C) the sale and shipment by the holder thereof 322
of wine manufactured by the farm winery permittee to persons outside 323
the state; (D) the offering and tasting of free samples of such wine or 324
brandy, dispensed out of bottles or containers having capacities of not 325
more than two gallons per bottle or container, to visitors and 326
prospective retail customers for consumption on the premises of the 327
farm winery permittee; (E) the sale at retail from the premises of sealed 328
bottles or other sealed containers of such wine or brandy for 329
consumption off the premises; (F) the sale at retail from the premises of 330
wine or brandy or beer manufactured by the holder of a permit issued 331
pursuant to subsection (b), (f), (g) or (h) of this section by the glass and 332
bottle to visitors on the premises of the farm winery permittee for 333
consumption on the premises; and (G) subject to the provisions of 334
subdivision (3) of this subsection, the sale and delivery or shipment of 335
wine manufactured by the permittee directly to a consumer in this 336
state. Notwithstanding the provisions of subparagraphs (D), (E) and 337
(F) of this subdivision, a town may, by ordinance or zoning regulation, 338
prohibit any such offering, tasting or selling at retail at premises within 339
such town for which a manufacturer permit for a farm winery has been 340
issued. 341
(3) A permittee, when selling and shipping wine directly to a 342
consumer in this state, shall: (A) Ensure that the shipping labels on all 343
containers of wine shipped directly to a consumer in this state 344
conspicuously state the following: "CONTAINS ALCOHOL —345
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 346
DELIVERY"; (B) obtain the signature of a person age twenty-one or 347
older at the address prior to delivery, after requiring the signer to 348
demonstrate that he or she is age twenty-one or older by providing a 349
valid motor vehicle operator's license or a valid identity card described 350 Substitute Bill No. 7184
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in section 1-1h; (C) not ship more than five gallons of wine in any two-351
month period to any person in this state; (D) pay, to the Department of 352
Revenue Services, all sales taxes and alcoholic beverage taxes due 353
under chapters 219 and 220 on sales of wine to consumers in this state, 354
and file, with said department, all sales tax returns and alcoholic 355
beverage tax returns relating to such sales; (E) report to the 356
Department of Consumer Protection a separate and complete record of 357
all sales and shipments to consumers in the state, on a ledger sheet or 358
similar form which readily presents a chronological account of such 359
permittee's dealings with each such consumer; (F) not ship to any 360
address in the state where the sale of alcoholic liquor is prohibited by 361
local option pursuant to section 30-9; and (G) hold an in-state 362
transporter's permit pursuant to section 30-19f or make any such 363
shipment through the use of a person who holds such an in-state 364
transporter's permit. 365
(4) No licensed farm winery may sell any such wine or brandy not 366
manufactured by such winery, except a licensed farm winery may sell 367
from the premises (A) wine manufactured by another farm winery 368
located in this state, and (B) brandy manufactured from fruit harvested 369
in this state and distilled off the premises in this state. 370
(5) The farm winery permittee shall grow on the premises of the 371
farm winery or on property under the same ownership and control of 372
said permittee or leased by the backer of a farm winery permit or by 373
said permittee within the farm winery's principal state an average crop 374
of fruit equal to not less than twenty-five per cent of the fruit used in 375
the manufacture of the farm winery permittee's wine. An average crop 376
shall be defined each year as the average yield of the farm winery 377
permittee's two largest annual crops out of the preceding five years, 378
except that during the first seven years from the date of issuance of a 379
farm winery permit, an average crop shall be defined as three tons of 380
grapes for each acre of vineyard farmed by the farm winery permittee. 381
Such seven-year period shall not begin anew if the property for which 382
the farm winery permit is held is transferred or sold during such 383 Substitute Bill No. 7184
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seven-year period. In the event the farm winery consists of more than 384
one property, the aggregate acreage of the farm winery shall not be 385
less than five acres. 386
(6) A holder of a manufacturer permit for a farm winery, when 387
advertising or offering wine for direct shipment to a consumer in this 388
state via the Internet or any other on-line computer network, shall 389
clearly and conspicuously state such liquor permit number in its 390
advertising. 391
(7) A holder of a manufacturer permit for a farm winery may sell 392
and offer free tastings of wine manufactured from such winery at a 393
farmers' market, as defined in section 22-6r, that is operated as a 394
nonprofit enterprise or association, provided such farmers' market 395
invites such holder to sell wine at such farmers' market and such 396
holder has a farmers' market wine sales permit issued by the 397
Commissioner of Consumer Protection in accordance with the 398
provisions of subsection (a) of section 30-37o. 399
(8) The annual fee for a manufacturer permit for a farm winery shall 400
be three hundred dollars. 401
(f) (1) A manufacturer permit for a farm brewery shall be in all 402
respects the same as a manufacturer permit, except that the scope of 403
operations of the holder shall be limited to the production of not more 404
than seventy-five thousand gallons of beer in a calendar year. As used 405
in this section, "farm brewery" means any place or premises that is 406
located on a farm in the state in which beer is manufactured and sold. 407
(2) Such permit shall, at the single principal premises of the farm 408
brewery, authorize (A) the sale of sealed bottles or other sealed 409
containers of beer brewed on such premises to the holder of a 410
wholesaler permit issued pursuant to section 30-17; (B) the offering 411
and tasting of free samples of beer manufactured by the farm brewery 412
permittee, dispensed out of bottles or other sealed containers to 413
visitors and prospective retail customers for consumption on the 414 Substitute Bill No. 7184
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premises of the farm brewery permittee; (C) the sale at retail from the 415
premises of not more than [nine liters] six gallons of such beer to any 416
person per day, in sealed bottles or other sealed containers, for 417
consumption off the premises; and (D) the sale at retail from the 418
premises of beer or of wine manufactured by the holder of a permit 419
issued pursuant to subsection (e) of this section by the glass and bottle 420
to visitors on the premises of the farm brewery permittee for 421
consumption on the premises. Notwithstanding the provisions of 422
subparagraphs (A) to (D), inclusive, of this subdivision, a town may, 423
by ordinance or zoning regulation, prohibit any such offering, tasting 424
or selling at retail at premises within such town for which a 425
manufacturer permit for a farm brewery has been issued. 426
(3) The farm brewery permittee shall use not less than twenty-five 427
per cent of a combination of hops, barley, cereal grains, honey, flowers 428
or other fermentables grown or malted within the state of Connecticut 429
in the manufacture of the farm brewery permittee's beer for the first 430
year of issuance for any such permit and not less than fifty per cent of 431
such hops, barley, cereal grains, honey, flowers or other fermentables 432
in the manufacture of the farm brewery permittee's beer for the second 433
and any subsequent year of issuance for any such permit. Any such 434
beer may be advertised and sold by the farm brewery permittee as 435
"Connecticut Craft Beer". 436
(4) A holder of a manufacturer permit for a farm brewery may sell 437
beer manufactured from such brewery at a farmers' market, as defined 438
in section 22-6r, that is operated as a nonprofit enterprise or 439
association, provided such farmers' market invites such holder to sell 440
beer at such farmers' market and such holder has a farmers' market 441
beer sales permit issued by the Commissioner of Consumer Protection 442
in accordance with the provisions of subsection (a) of section 30-37r. 443
(5) The annual fee for a manufacturer permit for a farm brewery 444
shall be three hundred dollars. 445
(g) A manufacturer permit for a brew pub shall allow: (1) The 446 Substitute Bill No. 7184
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manufacture, storage and bottling of beer, (2) the retail sale of alcoholic 447
liquor, including wine manufactured by the holder of a permit issued 448
pursuant to subsection (e) of this section, to be consumed on the 449
premises with or without the sale of food, (3) the selling at retail from 450
the premises of sealed bottles or other sealed containers of beer brewed 451
on such premises for consumption off the premises, and (4) the sale of 452
sealed bottles or other sealed containers of beer brewed on such 453
premises to the holder of a wholesaler permit issued pursuant to 454
subsection (b) of section 30-17, provided that the holder of a 455
manufacturer permit for a brew pub produces at least five thousand 456
gallons of beer on the premises annually. Such selling at retail from the 457
premises of sealed bottles or other sealed containers shall comply with 458
the provisions of subsection (d) of section 30-91 and shall permit not 459
more than [nine liters] six gallons of beer to be sold to any person on 460
any day on which such sale is authorized under the provisions of 461
subsection (d) of section 30-91. The annual fee for a manufacturer 462
permit for a brew pub shall be three hundred dollars. 463
(h) A manufacturer permit for beer and brew pub shall be in all 464
respects the same as a manufacturer permit for beer, as defined in 465
subsection (b) of this section, and shall allow those additional 466
permissible uses specified in the manufacturer permit for a brew pub, 467
as defined in subsection (g) of this section, provided the holder of a 468
manufacturer permit for beer and brew pub produces at least five 469
thousand gallons of beer on the premises annually. The annual fee for 470
a manufacturer permit for beer and brew pub shall be one thousand 471
five hundred dollars. 472
(i) (1) A manufacturer permit for a farm distillery shall be in all 473
respects the same as a manufacturer permit, except that the scope of 474
operations of the holder shall be limited to the production of not more 475
than ten thousand gallons per calendar year of distilled alcohol or 476
spirits including, but not limited to, whiskey, gin, vodka and rum. As 477
used in this section, "farm distillery" means any place or premises that 478
is located on a farm in the state in which distilled spirits or alcohol are 479 Substitute Bill No. 7184
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manufactured and sold. 480
(2) Such permit shall, at the single principal premises of the farm 481
distillery, authorize (A) the sale in bulk by the holder thereof from the 482
premises where the products are manufactured pursuant to such 483
permit; (B) the sale and shipment by the holder thereof to a retailer of 484
distilled alcohol or spirits manufactured by the farm distillery 485
permittee in the original sealed containers of not more than fifteen 486
gallons per container; (C) the offering and tasting of free samples of 487
such distilled alcohol or spirits, in amounts not to exceed two ounces 488
per day per person, to visitors and prospective retail customers for 489
consumption on the premises of the farm distillery permittee; and (D) 490
the sale at retail from the premises of sealed bottles or other sealed 491
containers, in amounts not to exceed four and one-half liters per 492
customer per day, of such distilled alcohol or spirits for consumption 493
off the premises. Notwithstanding the provisions of subparagraphs (C) 494
and (D) of this subdivision, a town may, by ordinance or zoning 495
regulation, prohibit any such offering, tasting or selling at retail at 496
premises within such town for which a manufacturer permit for a farm 497
distillery has been issued. 498
(3) No licensed farm distillery may sell any such distilled alcohol or 499
spirits not manufactured by such distillery. 500
(4) The farm distillery permittee shall grow on the premises of the 501
farm distillery or on property under the same ownership and control 502
of said permittee or leased by the backer of a farm distillery permit or 503
by said permittee within the farm distillery's principal state an average 504
crop of fruit or crops equal to not less than twenty-five per cent of the 505
fruit or crops used in the manufacture of the farm distillery permittee's 506
distilled alcohol or spirits. An average crop shall be defined each year 507
as the average yield of the farm distillery permittee's two largest 508
annual crops out of the preceding five years. In the event the farm 509
distillery consists of more than one property, the aggregate acreage of 510
the farm distillery shall not be less than five acres. 511 Substitute Bill No. 7184
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(5) The annual fee for a manufacturer permit for a farm distillery 512
shall be three hundred dollars. 513
Sec. 8. Section 30-18a of the general statutes is repealed and the 514
following is substituted in lieu thereof (Effective July 1, 2019): 515
(a) (1) An out-of-state winery shipper's permit for wine shall allow 516
the sale of wine to manufacturer and wholesaler permittees in this 517
state as permitted by law and for those shippers that produce not more 518
than one hundred thousand gallons of wine per year, the sale and 519
shipment by the holder thereof to a retailer of wine manufactured by 520
such permittee in the original sealed containers of not more than 521
fifteen gallons per container. For purposes of this section, "wine" shall 522
include cider not exceeding six per cent alcohol by volume and apple 523
wine not exceeding fifteen per cent alcohol by volume. 524
(2) An out-of-state retailer shipper's permit for wine shall allow the 525
sale and shipment of wine directly to a consumer in this state. 526
(b) Subject to the provisions of this subsection, [an out-of-state 527
winery shipper's permit for wine] the permits under subsection (a) of 528
this section shall allow the sale and delivery or shipment of wine 529
manufactured or sold by the permittee directly to a consumer in this 530
state. Such permittee, when selling and shipping wine directly to a 531
consumer in this state, shall: (1) Ensure that the shipping labels on all 532
containers of wine shipped directly to a consumer in this state 533
conspicuously state the following: "CONTAINS ALCOHOL —534
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 535
DELIVERY"; (2) obtain the signature of a person age twenty-one or 536
older at the address prior to delivery, after requiring the signer to 537
demonstrate that he or she is age twenty-one or older by providing a 538
valid motor vehicle operator's license or a valid identity card described 539
in section 1-1h; (3) not ship more than five gallons of wine in any two-540
month period to any person in this state and not ship any wine until 541
such permittee is registered, with respect to the permittee's sales of 542
wine to consumers in this state, for purposes of the taxes imposed 543 Substitute Bill No. 7184
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under chapters 219 and 220, with the Department of Revenue Services; 544
(4) pay, to the Department of Revenue Services, all sales taxes and 545
alcoholic beverage taxes due under chapters 219 and 220 on sales of 546
wine to consumers in this state, and file, with said department, all sales 547
tax returns and alcoholic beverage tax returns relating to such sales, 548
with the amount of such taxes to be calculated as if the sale were in this 549
state at the location where delivery is made; (5) report to the 550
Department of Consumer Protection a separate and complete record of 551
all sales and shipments to consumers in the state, on a ledger sheet or 552
similar form which readily presents a chronological account of such 553
permittee's dealings with each such consumer; (6) permit the 554
Department of Consumer Protection and Department of Revenue 555
Services, separately or jointly, to perform an audit of the permittee's 556
records upon request; (7) not ship to any address in the state where the 557
sale of alcoholic liquor is prohibited by local option pursuant to section 558
30-9; (8) hold an in-state transporter's permit pursuant to section 30-19f 559
or make any such shipment through the use of a person who holds 560
such an in-state transporter's permit; and (9) execute a written consent 561
to the jurisdiction of this state, its agencies and instrumentalities and 562
the courts of this state concerning the enforcement of this section and 563
any related laws, rules, or regulations, including tax laws, rules or 564
regulations. 565
(c) The Department of Consumer Protection, in consultation with 566
the Department of Revenue Services, may adopt regulations in 567
accordance with the provisions of chapter 54 to assure compliance 568
with the provisions of subsection (b) of this section. 569
(d) A holder of [an out-of-state winery shipper's permit for wine] a 570
permit under subsection (a) of this section, when advertising or 571
offering wine for direct shipment to a consumer in this state via the 572
Internet or any other on-line computer network, shall clearly and 573
conspicuously state such liquor permit number in its advertising. 574
(e) (1) For purposes of chapter 219, the holder of [an out-of-state 575
winery shipper's permit for wine] a permit under subsection (a) of this 576 Substitute Bill No. 7184
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section, when shipping wine directly to a consumer in this state, shall 577
be deemed to be a retailer engaged in business in this state as defined 578
in chapter 219 and shall be required to be issued a seller's permit 579
pursuant to chapter 219. 580
(2) For purposes of chapter 220, the holder of [an out-of-state winery 581
shipper's permit for wine] a permit under subsection (a) of this section, 582
when shipping wine directly to a consumer in this state, shall be 583
deemed to be a distributor as defined in chapter 220 and shall be 584
required to be licensed pursuant to chapter 220. 585
(f) Any person who applies for an out-of-state winery shipper's 586
permit for wine or for the renewal of such permit shall furnish an 587
affidavit to the Department of Consumer Protection, in such form as 588
may be prescribed by the department, affirming whether the out-of-589
state winery that is the subject of such permit produced more than one 590
hundred thousand gallons of wine during the most recently completed 591
calendar year. 592
(g) The annual fee for [an out-of-state winery shipper's permit for 593
wine] a permit under subsection (a) of this section shall be three 594
hundred fifteen dollars. 595
(h) As used in this section, "out-of-state" means any state other than 596
Connecticut, any territory or possession of the United States, the 597
District of Columbia or the Commonwealth of Puerto Rico, but does 598
not include any foreign country. 599
Sec. 9. (NEW) (Effective July 1, 2019) Notwithstanding the provisions 600
of section 30-68m of the general statutes, the holder of a package store 601
permit issued pursuant to section 30-20 of the general statutes may 602
ship alcoholic liquor to a consumer located out-of-state, subject to all 603
applicable laws of the jurisdiction in which such consumer is located. 604
As used in this section, "out-of-state" means any state other than 605
Connecticut, any territory or possession of the United States, the 606
District of Columbia or the Commonwealth of Puerto Rico, but does 607 Substitute Bill No. 7184
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not include any foreign country. 608
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019, and
applicable to all new
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 30-1(6)
Sec. 5 July 1, 2019 30-68l
Sec. 6 July 1, 2019 30-63
Sec. 7 July 1, 2019 30-16
Sec. 8 July 1, 2019 30-18a
Sec. 9 July 1, 2019 New section
GL Joint Favorable Subst.