Connecticut 2019 Regular Session

Connecticut House Bill HB07184 Compare Versions

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7-General Assembly Substitute Bill No. 7184
5+General Assembly Raised Bill No. 7184
86 January Session, 2019
7+LCO No. 4577
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10+Referred to Committee on GENERAL LAW
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13+Introduced by:
14+(GL)
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1419 AN ACT CONCERNING TH E LIQUOR CONTROL ACT.
1520 Be it enacted by the Senate and House of Representatives in General
1621 Assembly convened:
1722
1823 Section 1. Section 30-14a of the general statutes is repealed and the 1
1924 following is substituted in lieu thereof (Effective July 1, 2019, and 2
20-applicable to all new permits issued on and after said date): 3
25+applicable to new package store permits issued on and after said date): 3
2126 A package store permit may be renewed by the person to whom it 4
2227 was issued or by any person who is a transferee or purchaser of 5
2328 premises operating under a package store permit and who meets the 6
2429 requirements of this chapter concerning eligibility for a liquor permit. 7
25-Commencing [June 8, 1986] July 1, 2019, the Department of Consumer 8
26-Protection may issue one package store permit for every [twenty-five 9
27-hundred] five thousand residents of a town as determined by the most 10
28-recently completed decennial census. The department may authorize 11
29-the holder of such permit to remove his permit premises to a location 12
30-in another town provided such removal complies with the provisions 13
31-of this chapter. 14
32-Sec. 2. (NEW) (Effective from passage) (a) The holder of a 15
30+Commencing June 8, 1986, the Department of Consumer Protection 8
31+may issue one package store permit for every [twenty-five hundred] 9
32+five thousand residents of a town as determined by the most recently 10
33+completed decennial census. The department may authorize the holder 11
34+of such permit to remove his permit premises to a location in another 12
35+town provided such removal complies with the provisions of this 13
36+chapter. 14
37+Sec. 2. (NEW) (Effective from passage) (a) The holder of a 15 Raised Bill No. 7184
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3343 manufacturer permit for beer issued pursuant to subsection (b) of 16
3444 section 30-16 of the general statutes, as amended by this act, the holder 17
3545 of a manufacturer permit for cider issued pursuant to subsection (c) of 18
36-section 30-16 of the general statutes, as amended by this act, the holder 19 Substitute Bill No. 7184
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46+section 30-16 of the general statutes, as amended by this act, the holder 19
4347 of a manufacturer permit for a farm winery issued pursuant to 20
4448 subsection (e) of section 30-16 of the general statutes, as amended by 21
4549 this act, the holder of a manufacturer permit for a brew pub issued 22
4650 pursuant to subsection (g) of section 30-16 of the general statutes, as 23
4751 amended by this act, or the holder of a manufacturer permit for beer 24
4852 and brew pub issued pursuant to subsection (h) of section 30-16 of the 25
4953 general statutes, as amended by this act, may conduct special event 26
5054 catering on the permit premises, subject to regulations adopted 27
5155 pursuant to subsection (b) of this section. A municipality may, by 28
5256 ordinance or zoning regulation, prohibit any such special event 29
5357 catering at premises within such town for which a manufacturer 30
5458 permit for beer or a manufacturer permit for a farm winery has been 31
5559 issued. 32
5660 (b) The Department of Consumer Protection shall adopt regulations, 33
5761 in accordance with the provisions of chapter 54 of the general statutes, 34
5862 to implement the provisions of subsection (a) of this section. Such 35
5963 regulations shall define "special event" and shall impose a fee of five 36
6064 hundred dollars annually upon each permittee allowed to conduct 37
6165 special event catering pursuant to subsection (a) of this section. 38
6266 Sec. 3. Section 30-48a of the general statutes is repealed and the 39
6367 following is substituted in lieu thereof (Effective July 1, 2019): 40
6468 (a) No person, and no backer as defined in section 30-1, as amended 41
6569 by this act, shall, except as provided in this section, acquire an interest 42
6670 in more than four alcoholic beverage retail permits, except that on and 43
67-after July 1, [2016] 2019, such person or backer may acquire an interest 44
68-in no more than [five] six alcoholic beverage retail permits, but nothing 45
69-in this section shall (1) require any such person who had, on June 8, 46
70-1981, such interest in more than two such permits to surrender, 47
71-dispose of or release his or her interest in any such permit or permits 48
72-nor shall it affect his or her right to continue to hold, use and renew 49
73-such permits, or (2) prohibit any such person who had, on June 8, 1981, 50
74-such interest in more than two such permits from transferring his or 51
75-her interest in such permits by inter vivos or testamentary disposition, 52 Substitute Bill No. 7184
71+after July 1, 2016, such person or backer may acquire an interest in no 44
72+more than [five] ten alcoholic beverage retail permits, but nothing in 45
73+this section shall (1) require any such person who had, on June 8, 1981, 46
74+such interest in more than two such permits to surrender, dispose of or 47
75+release his or her interest in any such permit or permits nor shall it 48 Raised Bill No. 7184
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82-including living trusts, to his or her spouse or child, or such spouse's 53
83-or child's living trust or prohibit such spouse or child from accepting 54
84-such a transfer notwithstanding that such spouse or child may already 55
85-hold another permit issued under the provisions of this chapter. Any 56
86-such permit so transferred may be renewed by such transferee under 57
87-the provisions of section 30-14. Except as provided in subdivision (1) of 58
88-this subsection, a person shall be deemed to acquire an interest in a 59
89-retail permit if an interest is owned by such person, such person's 60
90-spouse, children, partners, or an estate, trust, or corporation controlled 61
91-by such person or such person's spouse, children, or any combination 62
92-thereof. The provisions of this subsection shall apply to any such 63
93-interest without regard to whether such interest is a controlling 64
94-interest. For the purposes of this subsection, "person" means (A) an 65
95-individual, (B) a corporation or any subsidiary of a corporation, or (C) 66
96-any combination of corporations or individuals any of whom, or any 67
97-combination of whom, owns or controls, directly or indirectly, more 68
98-than five per cent of any entity which is a backer as defined in said 69
99-section 30-1. 70
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81+affect his or her right to continue to hold, use and renew such permits, 49
82+or (2) prohibit any such person who had, on June 8, 1981, such interest 50
83+in more than two such permits from transferring his or her interest in 51
84+such permits by inter vivos or testamentary disposition, including 52
85+living trusts, to his or her spouse or child, or such spouse's or child's 53
86+living trust or prohibit such spouse or child from accepting such a 54
87+transfer notwithstanding that such spouse or child may already hold 55
88+another permit issued under the provisions of this chapter. Any such 56
89+permit so transferred may be renewed by such transferee under the 57
90+provisions of section 30-14, as amended by this act. Except as provided 58
91+in subdivision (1) of this subsection, a person shall be deemed to 59
92+acquire an interest in a retail permit if an interest is owned by such 60
93+person, such person's spouse, children, partners, or an estate, trust, or 61
94+corporation controlled by such person or such person's spouse, 62
95+children, or any combination thereof. The provisions of this subsection 63
96+shall apply to any such interest without regard to whether such 64
97+interest is a controlling interest. For the purposes of this subsection, 65
98+"person" means (A) an individual, (B) a corporation or any subsidiary 66
99+of a corporation, or (C) any combination of corporations or individuals 67
100+any of whom, or any combination of whom, owns or controls, directly 68
101+or indirectly, more than five per cent of any entity which is a backer as 69
102+defined in said section 30-1, as amended by this act. 70
100103 (b) A retail permit for the purposes of subsection (a) of this section 71
101104 means a package store liquor permit or a druggist liquor permit. 72
102105 (c) Membership in any organization which is or may become the 73
103106 holder of a club permit shall not constitute acquisition of an interest in 74
104107 a retail permit. 75
105108 (d) Any person who violates any provision of this section or of any 76
106109 regulation adopted pursuant to this section shall be fined not less than 77
107110 fifty dollars nor more than two hundred fifty dollars and any permit 78
108111 issued in violation of this section shall be revoked. 79
109-Sec. 4. Subdivision (6) of section 30-1 of the general statutes is 80
112+Sec. 4. Subsection (c) of section 30-68m of the general statutes is 80 Raised Bill No. 7184
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110118 repealed and the following is substituted in lieu thereof (Effective July 81
111119 1, 2019): 82
112-(6) (A) "Case price" means the price of a container of cardboard, 83 Substitute Bill No. 7184
120+(c) Notwithstanding the provisions of subsection (b) of this section, 83
121+a retail permittee may sell [one] ten beer [item] items identified by [a 84
122+stock-keeping unit number or one item] brand and size and ten items 85
123+of alcoholic liquor other than beer identified by [a stock-keeping unit 86
124+number] brand and size below his or her cost each month, provided 87
125+the [item is] items are not sold at less than ninety per cent of such retail 88
126+permittee's cost. A retail permittee who intends to sell [an item] items 89
127+below cost pursuant to this subsection shall notify the Department of 90
128+Consumer Protection of such sale not later than the second day of the 91
129+month such [item] items will be offered for sale. 92
130+Sec. 5. Subdivision (6) of section 30-1 of the general statutes is 93
131+repealed and the following is substituted in lieu thereof (Effective July 94
132+1, 2019): 95
133+(6) (A) "Case price" means the price of a container of cardboard, 96
134+wood or other material, containing units of the same size [, brand, age 97
135+and proof] and class of alcoholic liquor, and (B) a case of alcoholic 98
136+liquor, other than beer, cordials, cocktails, wines and prepared mixed 99
137+drinks, shall be in the number and quantity, or fewer, with the 100
138+permission of the Commissioner of Consumer Protection, of units or 101
139+bottles as follows: (i) Six one thousand seven hundred fifty milliliter 102
140+bottles; (ii) twelve one liter bottles; (iii) twelve seven hundred fifty 103
141+milliliter bottles; (iv) twenty-four three hundred seventy-five milliliter 104
142+bottles; (v) forty-eight two hundred milliliter bottles; (vi) sixty one 105
143+hundred milliliter bottles; or (vii) one hundred twenty fifty milliliter 106
144+bottles, except a case of fifty milliliter bottles may be in a number and 107
145+quantity as originally configured, packaged and sold by the 108
146+manufacturer or out-of-state shipper prior to shipment, provided such 109
147+number of bottles does not exceed two hundred. The commissioner 110
148+shall not authorize fewer numbers or quantities of units or bottles as 111
149+specified in this subdivision for any one person or entity more than 112
150+four times in any calendar year. For purposes of this subdivision, 113 Raised Bill No. 7184
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119-wood or other material, containing units of the same size, brand [, age 84
120-and proof] and class of alcoholic liquor, and (B) a case of alcoholic 85
121-liquor, other than beer, cordials, cocktails, wines and prepared mixed 86
122-drinks, shall be in the number and quantity, or fewer, with the 87
123-permission of the Commissioner of Consumer Protection, of units or 88
124-bottles as follows: (i) Six one thousand seven hundred fifty milliliter 89
125-bottles; (ii) twelve one liter bottles; (iii) twelve seven hundred fifty 90
126-milliliter bottles; (iv) twenty-four three hundred seventy-five milliliter 91
127-bottles; (v) forty-eight two hundred milliliter bottles; (vi) sixty one 92
128-hundred milliliter bottles; or (vii) one hundred twenty fifty milliliter 93
129-bottles, except a case of fifty milliliter bottles may be in a number and 94
130-quantity as originally configured, packaged and sold by the 95
131-manufacturer or out-of-state shipper prior to shipment, provided such 96
132-number of bottles does not exceed two hundred. The commissioner 97
133-shall not authorize fewer numbers or quantities of units or bottles as 98
134-specified in this subdivision for any one person or entity more than 99
135-[four] eight times in any calendar year. For purposes of this 100
136-subdivision, "class" shall have the meaning specified in the 27 CFR 101
137-5.22, as amended, for spirits, in the 27 CFR 4.21, as amended, for wine 102
138-and in the 27 CFR 7.24, as amended, for beer. 103
139-Sec. 5. Section 30-68l of the general statutes is repealed and the 104
140-following is substituted in lieu thereof (Effective July 1, 2019): 105
141-(a) No wholesaler permittee shall sell to any purchaser holding a 106
142-permit for the sale of alcoholic liquor for on or off premises 107
143-consumption at a price which is below such wholesaler permittee's 108
144-cost. For the purposes of this section, "cost" means: (1) On domestic 109
145-alcoholic liquor bottled in the state, the total of (A) the cost of all 110
146-ingredients, (B) all transportation charges from the point of origin to 111
147-the point of destination, (C) all applicable federal and state taxes, and 112
148-(D) the cost of containers, labels, caps, closures and all bottling charges 113
149-and labor; (2) on imported alcoholic liquor bottled in the state, the total 114
150-of (A) the invoice price from the supplier, (B) all other ingredients, (C) 115
151-the cost of duties, (D) all applicable federal and state taxes, (E) 116 Substitute Bill No. 7184
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156+"class" shall have the meaning specified in the 27 CFR 5.22, as 114
157+amended, for spirits, in the 27 CFR 4.21, as amended, for wine and in 115
158+the 27 CFR, as amended, for beer. 116
159+Sec. 6. Section 30-68l of the general statutes is repealed and the 117
160+following is substituted in lieu thereof (Effective July 1, 2019): 118
161+(a) No wholesaler permittee shall sell to any purchaser holding a 119
162+permit for the sale of alcoholic liquor for on or off premises 120
163+consumption at a price which is below such wholesaler permittee's 121
164+cost. For the purposes of this section, "cost" means: (1) On domestic 122
165+alcoholic liquor bottled in the state, the total of (A) the cost of all 123
166+ingredients, (B) all transportation charges from the point of origin to 124
167+the point of destination, (C) all applicable federal and state taxes, and 125
168+(D) the cost of containers, labels, caps, closures and all bottling charges 126
169+and labor; (2) on imported alcoholic liquor bottled in the state, the total 127
170+of (A) the invoice price from the supplier, (B) all other ingredients, (C) 128
171+the cost of duties, (D) all applicable federal and state taxes, (E) 129
172+insurance, (F) ocean freight and brokerage charges, (G) all 130
173+transportation charges, and (H) the cost of containers, labels, caps, 131
174+closures and all bottling charges and labor; (3) on domestic alcoholic 132
175+liquors not bottled in this state, the total of (A) the posted price from 133
176+the supplier to the wholesaler, (B) the cost of shipping or delivery 134
177+charges to the wholesaler's place of business which were paid by the 135
178+wholesaler in addition to the posted price, and (C) all applicable 136
179+federal and state taxes paid by the wholesaler in addition to the posted 137
180+price; (4) on imported alcoholic liquor not bottled in the state, the total 138
181+of (A) the posted price from the supplier, (B) the cost of duties, 139
182+insurance, ocean freight and brokerage charges and transportation 140
183+charges paid by the wholesaler in addition to the posted price, and (C) 141
184+all applicable federal and state taxes paid by the wholesaler in addition 142
185+to the posted price. The provisions of this section shall not apply to 143
186+sales of wine. 144
187+(b) Subject to prior approval from a manufacturer permittee or out-145
188+of-state shipper permittee, a wholesaler permittee may package and 146 Raised Bill No. 7184
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158-insurance, (F) ocean freight and brokerage charges, (G) all 117
159-transportation charges, and (H) the cost of containers, labels, caps, 118
160-closures and all bottling charges and labor; (3) on domestic alcoholic 119
161-liquors not bottled in this state, the total of (A) the posted price from 120
162-the supplier to the wholesaler, (B) the cost of shipping or delivery 121
163-charges to the wholesaler's place of business which were paid by the 122
164-wholesaler in addition to the posted price, and (C) all applicable 123
165-federal and state taxes paid by the wholesaler in addition to the posted 124
166-price; (4) on imported alcoholic liquor not bottled in the state, the total 125
167-of (A) the posted price from the supplier, (B) the cost of duties, 126
168-insurance, ocean freight and brokerage charges and transportation 127
169-charges paid by the wholesaler in addition to the posted price, and (C) 128
170-all applicable federal and state taxes paid by the wholesaler in addition 129
171-to the posted price. The provisions of this section shall not apply to 130
172-sales of wine. 131
173-(b) Subject to prior approval from a manufacturer permittee or out-132
174-of-state shipper permittee, a wholesaler permittee may package and 133
175-sell to a retail permittee a nonuniform case, containing bottles only of 134
176-one class of alcoholic liquor, if the wholesaler holds the exclusive 135
177-rights to all bottles in such nonuniform case. A wholesaler who does 136
178-not hold exclusive rights to a given brand trademark may sell to a 137
179-retail permittee a nonuniform case containing bottles only of one class 138
180-of alcoholic liquor, provided all of the bottles in such nonuniform case 139
181-are available to all nonexclusive wholesalers who also have rights to 140
182-the given brand trademarks. 141
183-Sec. 6. Section 30-63 of the general statutes is repealed and the 142
184-following is substituted in lieu thereof (Effective July 1, 2019): 143
185-(a) No holder of any manufacturer, wholesaler or out-of-state 144
186-shipper's permit shall ship, transport or deliver within this state, or sell 145
187-or offer for sale, any alcoholic liquors, except for beer manufactured by 146
188-a permittee in this state and sold for consumption only on the 147
189-permittee's premises, unless the name of the brand, trade name or 148
190-other distinctive characteristic by which such alcoholic liquors are 149 Substitute Bill No. 7184
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194+sell to a retail permittee a nonuniform case, containing bottles only of 147
195+one class of alcoholic liquor, if the wholesaler holds the exclusive 148
196+rights to all bottles in such nonuniform case. A wholesaler who does 149
197+not hold exclusive rights to a given brand trademark may sell to a 150
198+retail permittee a nonuniform case containing bottles only of one class 151
199+of alcoholic liquor, provided all of the bottles in such nonuniform case 152
200+are available to all nonexclusive wholesalers who also have rights to 153
201+the given brand trademarks. 154
202+Sec. 7. Section 30-63 of the general statutes is repealed and the 155
203+following is substituted in lieu thereof (Effective July 1, 2019): 156
204+(a) No holder of any manufacturer, wholesaler or out-of-state 157
205+shipper's permit shall ship, transport or deliver within this state, or sell 158
206+or offer for sale, any alcoholic liquors, except for beer manufactured by 159
207+a permittee in this state and sold for consumption only on the 160
208+permittee's premises, unless the name of the brand, trade name or 161
209+other distinctive characteristic by which such alcoholic liquors are 162
210+bought and sold, the name and address of the manufacturer thereof 163
211+and the name and address of each wholesaler permittee who is 164
212+authorized by the manufacturer or his authorized representative to sell 165
213+such alcoholic liquors are registered with the Department of Consumer 166
214+Protection and until such brand, trade name or other distinctive 167
215+characteristic has been approved by the department. Such registration 168
216+shall be valid for a period of three years. The fee for such registration, 169
217+or renewal thereof, shall be two hundred dollars for out-of-state 170
218+shippers and fifteen dollars for Connecticut manufacturers for each 171
219+brand so registered, payable by the manufacturer or such 172
220+manufacturer's authorized representative when such liquors are 173
221+manufactured in the United States and by the importer or such 174
222+importer's authorized representative when such liquors are imported 175
223+into the United States. The department shall not approve the brand 176
224+registration of any fortified wine, as defined in section 12-433, which is 177
225+labeled, packaged or canned so as to appear to be a wine or liquor 178
226+cooler, as defined in section 12-433. 179 Raised Bill No. 7184
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197-bought and sold, the name and address of the manufacturer thereof 150
198-and the name and address of each wholesaler permittee who is 151
199-authorized by the manufacturer or his authorized representative to sell 152
200-such alcoholic liquors are registered with the Department of Consumer 153
201-Protection and until such brand, trade name or other distinctive 154
202-characteristic has been approved by the department. Such registration 155
203-shall be valid for a period of three years. The fee for such registration, 156
204-or renewal thereof, shall be two hundred dollars for out-of-state 157
205-shippers and fifteen dollars for Connecticut manufacturers for each 158
206-brand so registered, payable by the manufacturer or such 159
207-manufacturer's authorized representative when such liquors are 160
208-manufactured in the United States and by the importer or such 161
209-importer's authorized representative when such liquors are imported 162
210-into the United States. The department shall not approve the brand 163
211-registration of any fortified wine, as defined in section 12-433, which is 164
212-labeled, packaged or canned so as to appear to be a wine or liquor 165
213-cooler, as defined in section 12-433. 166
214-(b) No manufacturer, wholesaler or out-of-state shipper permittee 167
215-shall discriminate in any manner in price discounts between one 168
216-permittee and another on sales or purchases of alcoholic liquors 169
217-bearing the same brand or trade name and of like age, size and quality, 170
218-nor shall such manufacturer, wholesaler or out-of-state shipper 171
219-permittee allow in any form any discount, rebate, free goods, 172
220-allowance or other inducement for the purpose of making sales or 173
221-purchases. Nothing in this subsection shall be construed to prohibit 174
222-beer manufacturers, beer wholesalers or beer out-of-state shipper 175
223-permittees from differentiating in the manner in which their products 176
224-are packaged on the basis of on-site or off-site consumption. 177
225-(c) For alcoholic liquor other than beer, each manufacturer, 178
226-wholesaler and out-of-state shipper permittee shall post with the 179
227-department, on a monthly basis, the bottle, can and case price of any 180
228-brand of goods offered for sale in Connecticut, which price when so 181
229-posted shall be the controlling price for such manufacturer, wholesaler 182 Substitute Bill No. 7184
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232+(b) No manufacturer, wholesaler or out-of-state shipper permittee 180
233+shall discriminate in any manner in price discounts between one 181
234+permittee and another on sales or purchases of alcoholic liquors 182
235+bearing the same brand or trade name and of like age, size and quality, 183
236+nor shall such manufacturer, wholesaler or out-of-state shipper 184
237+permittee allow in any form any discount, rebate, free goods, 185
238+allowance or other inducement for the purpose of making sales or 186
239+purchases. Nothing in this subsection shall be construed to prohibit 187
240+beer manufacturers, beer wholesalers or beer out-of-state shipper 188
241+permittees from differentiating in the manner in which their products 189
242+are packaged on the basis of on-site or off-site consumption. 190
243+(c) For alcoholic liquor other than beer, each manufacturer, 191
244+wholesaler and out-of-state shipper permittee shall post with the 192
245+department, on a monthly basis, the bottle, can and case price of any 193
246+brand of goods offered for sale in Connecticut, which price when so 194
247+posted shall be the controlling price for such manufacturer, wholesaler 195
248+or out-of-state permittee for the month following such posting. On and 196
249+after July 1, 2005, for beer, each manufacturer, wholesaler and out-of-197
250+state shipper permittee shall post with the department, on a monthly 198
251+basis, the bottle, can and case price, and the price per keg or barrel or 199
252+fractional unit thereof for any brand of goods offered for sale in 200
253+Connecticut which price when so posted shall be the controlling price 201
254+for such brand of goods offered for sale in this state for the month 202
255+following such posting. Such manufacturer, wholesaler and out-of-203
256+state shipper permittee may also post additional prices for such bottle, 204
257+can, case, keg or barrel or fractional unit thereof for a specified portion 205
258+of the following month which prices when so posted shall be the 206
259+controlling prices for such bottle, can, case, keg or barrel or fractional 207
260+unit thereof for such specified portion of the following month. Notice 208
261+of all manufacturer, wholesaler and out-of-state shipper permittee 209
262+prices shall be given to permittee purchasers by direct mail, Internet 210
263+web site or advertising in a trade publication having circulation among 211
264+the retail permittees except a wholesaler permittee may give such 212
265+notice by hand delivery. Price postings with the department setting 213 Raised Bill No. 7184
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236-or out-of-state permittee for the month following such posting. On and 183
237-after July 1, 2005, for beer, each manufacturer, wholesaler and out-of-184
238-state shipper permittee shall post with the department, on a monthly 185
239-basis, the bottle, can and case price, and the price per keg or barrel or 186
240-fractional unit thereof for any brand of goods offered for sale in 187
241-Connecticut which price when so posted shall be the controlling price 188
242-for such brand of goods offered for sale in this state for the month 189
243-following such posting. Such manufacturer, wholesaler and out-of-190
244-state shipper permittee may also post additional prices for such bottle, 191
245-can, case, keg or barrel or fractional unit thereof for a specified portion 192
246-of the following month which prices when so posted shall be the 193
247-controlling prices for such bottle, can, case, keg or barrel or fractional 194
248-unit thereof for such specified portion of the following month. Notice 195
249-of all manufacturer, wholesaler and out-of-state shipper permittee 196
250-prices shall be given to permittee purchasers by direct mail, Internet 197
251-web site or advertising in a trade publication having circulation among 198
252-the retail permittees except a wholesaler permittee may give such 199
253-notice by hand delivery. Price postings with the department setting 200
254-forth wholesale prices to retailers shall be available for inspection 201
255-during regular business hours at the offices of the department by 202
256-manufacturers and wholesalers until three o'clock p.m. of the first 203
257-business day after the last day for posting prices. A manufacturer or 204
258-wholesaler may amend such manufacturer's or wholesaler's posted 205
259-price for any month to meet a lower price posted by another 206
260-manufacturer or wholesaler with respect to alcoholic liquor bearing the 207
261-same brand or trade name and of like age, vintage, quality and unit 208
262-container size; provided that any such amended price posting shall be 209
263-filed before three o'clock p.m. of the fourth business day after the last 210
264-day for posting prices; and provided further such amended posting 211
265-shall not set forth prices lower than those being met. Any 212
266-manufacturer or wholesaler posting an amended price shall, at the 213
267-time of posting, identify in writing the specific posting being met. On 214
268-and after July 1, 2005, all wholesaler postings, other than for beer, for 215
269-the following month shall be provided to retail permittees not later 216
270-than the twenty-seventh day of the month prior to such posting. All 217 Substitute Bill No. 7184
269+LCO No. 4577 8 of 23
270+
271+forth wholesale prices to retailers shall be available for inspection 214
272+during regular business hours at the offices of the department by 215
273+manufacturers and wholesalers until three o'clock p.m. of the first 216
274+business day after the last day for posting prices. A manufacturer or 217
275+wholesaler may amend such manufacturer's or wholesaler's posted 218
276+price for any month to meet a lower price posted by another 219
277+manufacturer or wholesaler with respect to alcoholic liquor bearing the 220
278+same brand or trade name and of like age, vintage, quality and unit 221
279+container size; provided that any such amended price posting shall be 222
280+filed before three o'clock p.m. of the fourth business day after the last 223
281+day for posting prices; and provided further such amended posting 224
282+shall not set forth prices lower than those being met. Any 225
283+manufacturer or wholesaler posting an amended price shall, at the 226
284+time of posting, identify in writing the specific posting being met. On 227
285+and after July 1, 2005, all wholesaler postings, other than for beer, for 228
286+the following month shall be provided to retail permittees not later 229
287+than the twenty-seventh day of the month prior to such posting. All 230
288+wholesaler postings for beer shall be provided to retail permittees not 231
289+later than the twentieth day of the month prior to such posting. 232
290+(d) Monthly price postings for a nonuniform case of alcoholic liquor 233
291+shall contain the bottle price for each item contained in the nonuniform 234
292+case, the unit price and the case price. The bottle price posted for a 235
293+nonuniform case shall be equal to the bottle price posted for the same 236
294+month for a case containing one class and brand of alcoholic liquor. 237
295+Sec. 8. (NEW) (Effective July 1, 2019) A manufacturer permit for 238
296+mead shall be in all respects the same as a manufacturer permit issued 239
297+pursuant to subsection (a) of section 30-16 of the general statutes, as 240
298+amended by this act, except that the scope of operations of the holder 241
299+shall be limited to mead, but shall permit the storage of mead in any 242
300+part of the state. Such permit shall also authorize the offering and 243
301+tasting, on the premises of the permittee, of free samples of mead 244
302+brewed on such premises and the selling at retail from the premises of 245
303+sealed bottles or other sealed containers of such mead for consumption 246
304+off the premises. The offering and tasting may be limited to visitors 247 Raised Bill No. 7184
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277-wholesaler postings for beer shall be provided to retail permittees not 218
278-later than the twentieth day of the month prior to such posting. 219
279-(d) Monthly price postings for a nonuniform case of alcoholic liquor 220
280-shall contain the bottle price for each item contained in the nonuniform 221
281-case, the unit price and the case price. The bottle price posted for a 222
282-nonuniform case shall be equal to the bottle price posted for the same 223
283-month for a case containing one class and brand of alcoholic liquor. 224
284-Sec. 7. Section 30-16 of the general statutes is repealed and the 225
285-following is substituted in lieu thereof (Effective July 1, 2019): 226
286-(a) A manufacturer permit shall allow the manufacture of alcoholic 227
287-liquor and the storage, bottling and wholesale distribution and sale of 228
288-alcoholic liquor manufactured or bottled to permittees in this state and 229
289-without the state as may be permitted by law; but no such permit shall 230
290-be granted unless the place or the plan of the place of manufacture has 231
291-received the approval of the Department of Consumer Protection. The 232
292-holder of a manufacturer permit who produces less than [twenty-five] 233
293-one hundred thousand gallons of alcoholic liquor in a calendar year 234
294-may sell at retail from the premises sealed bottles or other sealed 235
295-containers of alcoholic liquor manufactured on the premises for 236
296-consumption off the premises, provided such holder shall not sell to 237
297-any one consumer more than one and one-half liters of alcoholic liquor 238
298-per day nor more than five gallons of alcoholic liquor in any two-239
299-month period. Retail sales by a holder of a manufacturer permit shall 240
300-occur only on the days and times permitted under subsection (d) of 241
301-section 30-91. A holder of a manufacturer permit, alone or in 242
302-combination with any parent or subsidiary business or related or 243
303-affiliated party, who sells more than ten thousand gallons of alcoholic 244
304-liquor in any calendar year may not sell alcoholic liquor at wholesale 245
305-to retail permittees within this state. Such permit shall also authorize 246
306-the offering and tasting, on the premises of the permittee, of free 247
307-samples of spirits distilled on the premises. Tastings shall not exceed 248
308-two ounces per patron per day and shall not be allowed on such 249
309-premises on Sunday before eleven o'clock a.m. and after eight o'clock 250 Substitute Bill No. 7184
308+LCO No. 4577 9 of 23
309+
310+who have attended a tour of the premises of the permittee. Such selling 248
311+at retail from the premises of sealed bottles or other sealed containers 249
312+shall comply with the provisions of subsection (d) of section 30-91 of 250
313+the general statutes for manufacturer permits for beer. The annual fee 251
314+for a manufacturer permit for mead shall be five hundred dollars. 252
315+Sec. 9. Section 30-16 of the general statutes is repealed and the 253
316+following is substituted in lieu thereof (Effective July 1, 2019): 254
317+(a) A manufacturer permit shall allow the manufacture of alcoholic 255
318+liquor and the storage, bottling and wholesale distribution and sale of 256
319+alcoholic liquor manufactured or bottled to permittees in this state and 257
320+without the state as may be permitted by law; but no such permit shall 258
321+be granted unless the place or the plan of the place of manufacture has 259
322+received the approval of the Department of Consumer Protection. The 260
323+holder of a manufacturer permit who produces less than [twenty-five] 261
324+one hundred thousand gallons of alcoholic liquor in a calendar year 262
325+may sell at retail from the premises sealed bottles or other sealed 263
326+containers of alcoholic liquor manufactured on the premises for 264
327+consumption off the premises, provided such holder shall not sell to 265
328+any one consumer more than one and one-half liters of alcoholic liquor 266
329+per day nor more than five gallons of alcoholic liquor in any two-267
330+month period. Retail sales by a holder of a manufacturer permit shall 268
331+occur only on the days and times permitted under subsection (d) of 269
332+section 30-91. A holder of a manufacturer permit, alone or in 270
333+combination with any parent or subsidiary business or related or 271
334+affiliated party, who sells more than ten thousand gallons of alcoholic 272
335+liquor in any calendar year may not sell alcoholic liquor at wholesale 273
336+to retail permittees within this state. Such permit shall also authorize 274
337+the offering and tasting, on the premises of the permittee, of free 275
338+samples of spirits distilled on the premises. Tastings shall not exceed 276
339+two ounces per patron per day and shall not be allowed on such 277
340+premises on Sunday before eleven o'clock a.m. and after eight o'clock 278
341+p.m. and on any other day before ten o'clock a.m. and after eight 279
342+o'clock p.m. No tastings shall be offered to or allowed to be consumed 280
343+by any minor or intoxicated person. A holder of a manufacturer permit 281 Raised Bill No. 7184
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316-p.m. and on any other day before ten o'clock a.m. and after eight 251
317-o'clock p.m. No tastings shall be offered to or allowed to be consumed 252
318-by any minor or intoxicated person. A holder of a manufacturer permit 253
319-may apply for and shall receive an out-of-state shipper's permit for 254
320-manufacturing plants and warehouse locations outside the state 255
321-owned by such manufacturer or a subsidiary corporation thereof, at 256
322-least eighty-five per cent of the voting stock of which is owned by such 257
323-manufacturer, to bring into any of its plants or warehouses in the state 258
324-alcoholic liquors for reprocessing, repackaging, reshipment or sale 259
325-either (1) within the state to wholesaler permittees not owned or 260
326-controlled by such manufacturer, or (2) outside the state. The annual 261
327-fee for a manufacturer permit shall be one thousand eight hundred 262
328-fifty dollars. 263
329-(b) A manufacturer permit for beer shall be in all respects the same 264
330-as a manufacturer permit, except that the scope of operations of the 265
331-holder shall be limited to beer, but shall permit the storage of beer in 266
332-any part of the state. Such permit shall also authorize the offering and 267
333-tasting, on the premises of the permittee, of free samples of beer 268
334-brewed on such premises and the selling at retail from the premises of 269
335-sealed bottles or other sealed containers of such beer for consumption 270
336-off the premises. The offering and tasting may be limited to visitors 271
337-who have attended a tour of the premises of the permittee. Such selling 272
338-at retail from the premises of sealed bottles or other sealed containers 273
339-shall comply with the provisions of subsection (d) of section 30-91 and 274
340-shall permit not more than [nine liters] six gallons of beer to be sold to 275
341-any person on any day on which such sale is authorized under the 276
342-provisions of subsection (d) of section 30-91. The annual fee for a 277
343-manufacturer permit for beer shall be one thousand dollars. 278
344-(c) A manufacturer permit for cider not exceeding six per cent 279
345-alcohol by volume and apple wine not exceeding fifteen per cent 280
346-alcohol by volume shall allow (1) the manufacture, storage, bottling 281
347-and wholesale distribution and sale at retail of such cider and apple 282
348-wine to permittees and nonpermittees in this state as may be permitted 283 Substitute Bill No. 7184
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348+
349+may apply for and shall receive an out-of-state shipper's permit for 282
350+manufacturing plants and warehouse locations outside the state 283
351+owned by such manufacturer or a subsidiary corporation thereof, at 284
352+least eighty-five per cent of the voting stock of which is owned by such 285
353+manufacturer, to bring into any of its plants or warehouses in the state 286
354+alcoholic liquors for reprocessing, repackaging, reshipment or sale 287
355+either (1) within the state to wholesaler permittees not owned or 288
356+controlled by such manufacturer, or (2) outside the state. The annual 289
357+fee for a manufacturer permit shall be one thousand eight hundred 290
358+fifty dollars. 291
359+(b) A manufacturer permit for beer shall be in all respects the same 292
360+as a manufacturer permit, except that the scope of operations of the 293
361+holder shall be limited to beer, but shall permit the storage of beer in 294
362+any part of the state. Such permit shall also authorize the offering and 295
363+tasting, on the premises of the permittee, of free samples of beer 296
364+brewed on such premises and the selling at retail from the premises of 297
365+sealed bottles or other sealed containers of such beer for consumption 298
366+off the premises. The offering and tasting may be limited to visitors 299
367+who have attended a tour of the premises of the permittee. Such selling 300
368+at retail from the premises of sealed bottles or other sealed containers 301
369+shall comply with the provisions of subsection (d) of section 30-91. 302
370+[and shall permit not more than nine liters of beer to be sold to any 303
371+person on any day on which such sale is authorized under the 304
372+provisions of subsection (d) of section 30-91.] The annual fee for a 305
373+manufacturer permit for beer shall be one thousand dollars. 306
374+(c) A manufacturer permit for cider not exceeding six per cent 307
375+alcohol by volume and apple wine not exceeding fifteen per cent 308
376+alcohol by volume shall allow (1) the manufacture, storage, bottling 309
377+and wholesale distribution and sale at retail of such cider and apple 310
378+wine to permittees and nonpermittees in this state as may be permitted 311
379+by law; but no such permit shall be issued unless the place or the plan 312
380+of the place of manufacture has received the approval of the 313
381+department; (2) the sale and shipment by the holder of such permit of 314
382+such cider and such apple wine to persons outside the state and to 315 Raised Bill No. 7184
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355-by law; but no such permit shall be issued unless the place or the plan 284
356-of the place of manufacture has received the approval of the 285
357-department; (2) the sale and shipment by the holder of such permit of 286
358-such cider and such apple wine to persons outside the state and to 287
359-consumers in this state in the same manner and subject to the same 288
360-conditions as such sale and shipment is permitted for wine by a farm 289
361-winery manufacturer permittee pursuant to subsection (e) of this 290
362-section; [and] (3) the offering and tasting, on the premises of the 291
363-permittee, of free samples of cider and apple wine manufactured on 292
364-such premises; and (4) the sale at retail on the premises of such cider 293
365-and apple wine by the glass and bottle to visitors on the premises for 294
366-consumption on the premises. Tastings shall not exceed two ounces 295
367-per patron and shall not be allowed on such premises on Sunday 296
368-before eleven o'clock a.m. and after eight o'clock p.m. and on any other 297
369-day before ten o'clock a.m. and after eight o'clock p.m. No tasting shall 298
370-be offered to or allowed to be consumed by any minor or intoxicated 299
371-person. Offerings and tastings may be limited to visitors who have 300
372-attended a tour of the premises of the permittee. The annual fee for a 301
373-manufacturer permit for cider shall be two hundred dollars. 302
374-(d) A manufacturer permit for apple brandy and eau-de-vie shall be 303
375-in all respects the same as a manufacturer permit, except that the scope 304
376-of operations of the holder shall be limited to apple brandy or eau-de-305
377-vie, or both. The annual fee for a manufacturer permit for apple 306
378-brandy and eau-de-vie shall be four hundred dollars. 307
379-(e) (1) A manufacturer permit for a farm winery shall be in all 308
380-respects the same as a manufacturer permit, except that the scope of 309
381-operations of the holder shall be limited to wine and brandies distilled 310
382-from grape products or other fruit products, including grappa and 311
383-eau-de-vie. As used in this section, "farm winery" means any place or 312
384-premises that is located on a farm in the state in which wine is 313
385-manufactured and sold. 314
386-(2) Such permit shall, at the single principal premises of the farm 315
387-winery, authorize (A) the sale in bulk by the holder thereof from the 316 Substitute Bill No. 7184
386+LCO No. 4577 11 of 23
387+
388+consumers in this state in the same manner and subject to the same 316
389+conditions as such sale and shipment is permitted for wine by a farm 317
390+winery manufacturer permittee pursuant to subsection (e) of this 318
391+section; [and] (3) the offering and tasting, on the premises of the 319
392+permittee, of free samples of cider and apple wine manufactured on 320
393+such premises; and (4) the sale at retail on the premises of such cider 321
394+and apple wine by the glass and bottle to visitors on the premises for 322
395+consumption on the premises. Tastings shall not exceed two ounces 323
396+per patron and shall not be allowed on such premises on Sunday 324
397+before eleven o'clock a.m. and after eight o'clock p.m. and on any other 325
398+day before ten o'clock a.m. and after eight o'clock p.m. No tasting shall 326
399+be offered to or allowed to be consumed by any minor or intoxicated 327
400+person. Offerings and tastings may be limited to visitors who have 328
401+attended a tour of the premises of the permittee. The annual fee for a 329
402+manufacturer permit for cider shall be two hundred dollars. 330
403+(d) A manufacturer permit for apple brandy and eau-de-vie shall be 331
404+in all respects the same as a manufacturer permit, except that the scope 332
405+of operations of the holder shall be limited to apple brandy or eau-de-333
406+vie, or both. The annual fee for a manufacturer permit for apple 334
407+brandy and eau-de-vie shall be four hundred dollars. 335
408+(e) (1) A manufacturer permit for a farm winery shall be in all 336
409+respects the same as a manufacturer permit, except that the scope of 337
410+operations of the holder shall be limited to wine and brandies distilled 338
411+from grape products or other fruit products, including grappa and 339
412+eau-de-vie. As used in this section, "farm winery" means any place or 340
413+premises that is located on a farm in the state in which wine is 341
414+manufactured and sold. 342
415+(2) Such permit shall, at the single principal premises of the farm 343
416+winery, authorize (A) the sale in bulk by the holder thereof from the 344
417+premises where the products are manufactured pursuant to such 345
418+permit; (B) as to a manufacturer who produces one hundred thousand 346
419+gallons of wine or less per year, the sale and shipment by the holder 347
420+thereof to a retailer of wine manufactured by the farm winery 348 Raised Bill No. 7184
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394-premises where the products are manufactured pursuant to such 317
395-permit; (B) as to a manufacturer who produces one hundred thousand 318
396-gallons of wine or less per year, the sale and shipment by the holder 319
397-thereof to a retailer of wine manufactured by the farm winery 320
398-permittee in the original sealed containers of not more than fifteen 321
399-gallons per container; (C) the sale and shipment by the holder thereof 322
400-of wine manufactured by the farm winery permittee to persons outside 323
401-the state; (D) the offering and tasting of free samples of such wine or 324
402-brandy, dispensed out of bottles or containers having capacities of not 325
403-more than two gallons per bottle or container, to visitors and 326
404-prospective retail customers for consumption on the premises of the 327
405-farm winery permittee; (E) the sale at retail from the premises of sealed 328
406-bottles or other sealed containers of such wine or brandy for 329
407-consumption off the premises; (F) the sale at retail from the premises of 330
408-wine or brandy or beer manufactured by the holder of a permit issued 331
409-pursuant to subsection (b), (f), (g) or (h) of this section by the glass and 332
410-bottle to visitors on the premises of the farm winery permittee for 333
411-consumption on the premises; and (G) subject to the provisions of 334
412-subdivision (3) of this subsection, the sale and delivery or shipment of 335
413-wine manufactured by the permittee directly to a consumer in this 336
414-state. Notwithstanding the provisions of subparagraphs (D), (E) and 337
415-(F) of this subdivision, a town may, by ordinance or zoning regulation, 338
416-prohibit any such offering, tasting or selling at retail at premises within 339
417-such town for which a manufacturer permit for a farm winery has been 340
418-issued. 341
419-(3) A permittee, when selling and shipping wine directly to a 342
420-consumer in this state, shall: (A) Ensure that the shipping labels on all 343
421-containers of wine shipped directly to a consumer in this state 344
422-conspicuously state the following: "CONTAINS ALCOHOL —345
423-SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 346
424-DELIVERY"; (B) obtain the signature of a person age twenty-one or 347
425-older at the address prior to delivery, after requiring the signer to 348
426-demonstrate that he or she is age twenty-one or older by providing a 349
427-valid motor vehicle operator's license or a valid identity card described 350 Substitute Bill No. 7184
424+LCO No. 4577 12 of 23
425+
426+permittee in the original sealed containers of not more than fifteen 349
427+gallons per container; (C) the sale and shipment by the holder thereof 350
428+of wine manufactured by the farm winery permittee to persons outside 351
429+the state; (D) the offering and tasting of free samples of such wine or 352
430+brandy, dispensed out of bottles or containers having capacities of not 353
431+more than two gallons per bottle or container, to visitors and 354
432+prospective retail customers for consumption on the premises of the 355
433+farm winery permittee; (E) the sale at retail from the premises of sealed 356
434+bottles or other sealed containers of such wine or brandy for 357
435+consumption off the premises; (F) the sale at retail from the premises of 358
436+wine or brandy or beer manufactured by the holder of a permit issued 359
437+pursuant to subsection (b), (f), (g) or (h) of this section by the glass and 360
438+bottle to visitors on the premises of the farm winery permittee for 361
439+consumption on the premises; and (G) subject to the provisions of 362
440+subdivision (3) of this subsection, the sale and delivery or shipment of 363
441+wine manufactured by the permittee directly to a consumer in this 364
442+state. Notwithstanding the provisions of subparagraphs (D), (E) and 365
443+(F) of this subdivision, a town may, by ordinance or zoning regulation, 366
444+prohibit any such offering, tasting or selling at retail at premises within 367
445+such town for which a manufacturer permit for a farm winery has been 368
446+issued. 369
447+(3) A permittee, when selling and shipping wine directly to a 370
448+consumer in this state, shall: (A) Ensure that the shipping labels on all 371
449+containers of wine shipped directly to a consumer in this state 372
450+conspicuously state the following: "CONTAINS ALCOHOL —373
451+SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 374
452+DELIVERY"; (B) obtain the signature of a person age twenty-one or 375
453+older at the address prior to delivery, after requiring the signer to 376
454+demonstrate that he or she is age twenty-one or older by providing a 377
455+valid motor vehicle operator's license or a valid identity card described 378
456+in section 1-1h; (C) not ship more than five gallons of wine in any two-379
457+month period to any person in this state; (D) pay, to the Department of 380
458+Revenue Services, all sales taxes and alcoholic beverage taxes due 381
459+under chapters 219 and 220 on sales of wine to consumers in this state, 382 Raised Bill No. 7184
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434-in section 1-1h; (C) not ship more than five gallons of wine in any two-351
435-month period to any person in this state; (D) pay, to the Department of 352
436-Revenue Services, all sales taxes and alcoholic beverage taxes due 353
437-under chapters 219 and 220 on sales of wine to consumers in this state, 354
438-and file, with said department, all sales tax returns and alcoholic 355
439-beverage tax returns relating to such sales; (E) report to the 356
440-Department of Consumer Protection a separate and complete record of 357
441-all sales and shipments to consumers in the state, on a ledger sheet or 358
442-similar form which readily presents a chronological account of such 359
443-permittee's dealings with each such consumer; (F) not ship to any 360
444-address in the state where the sale of alcoholic liquor is prohibited by 361
445-local option pursuant to section 30-9; and (G) hold an in-state 362
446-transporter's permit pursuant to section 30-19f or make any such 363
447-shipment through the use of a person who holds such an in-state 364
448-transporter's permit. 365
449-(4) No licensed farm winery may sell any such wine or brandy not 366
450-manufactured by such winery, except a licensed farm winery may sell 367
451-from the premises (A) wine manufactured by another farm winery 368
452-located in this state, and (B) brandy manufactured from fruit harvested 369
453-in this state and distilled off the premises in this state. 370
454-(5) The farm winery permittee shall grow on the premises of the 371
455-farm winery or on property under the same ownership and control of 372
456-said permittee or leased by the backer of a farm winery permit or by 373
457-said permittee within the farm winery's principal state an average crop 374
458-of fruit equal to not less than twenty-five per cent of the fruit used in 375
459-the manufacture of the farm winery permittee's wine. An average crop 376
460-shall be defined each year as the average yield of the farm winery 377
461-permittee's two largest annual crops out of the preceding five years, 378
462-except that during the first seven years from the date of issuance of a 379
463-farm winery permit, an average crop shall be defined as three tons of 380
464-grapes for each acre of vineyard farmed by the farm winery permittee. 381
465-Such seven-year period shall not begin anew if the property for which 382
466-the farm winery permit is held is transferred or sold during such 383 Substitute Bill No. 7184
463+LCO No. 4577 13 of 23
464+
465+and file, with said department, all sales tax returns and alcoholic 383
466+beverage tax returns relating to such sales; (E) report to the 384
467+Department of Consumer Protection a separate and complete record of 385
468+all sales and shipments to consumers in the state, on a ledger sheet or 386
469+similar form which readily presents a chronological account of such 387
470+permittee's dealings with each such consumer; (F) not ship to any 388
471+address in the state where the sale of alcoholic liquor is prohibited by 389
472+local option pursuant to section 30-9; and (G) hold an in-state 390
473+transporter's permit pursuant to section 30-19f or make any such 391
474+shipment through the use of a person who holds such an in-state 392
475+transporter's permit. 393
476+(4) No licensed farm winery may sell any such wine or brandy not 394
477+manufactured by such winery, except a licensed farm winery may sell 395
478+from the premises (A) wine manufactured by another farm winery 396
479+located in this state, and (B) brandy manufactured from fruit harvested 397
480+in this state and distilled off the premises in this state. 398
481+(5) The farm winery permittee shall grow on the premises of the 399
482+farm winery or on property under the same ownership and control of 400
483+said permittee or leased by the backer of a farm winery permit or by 401
484+said permittee within the farm winery's principal state an average crop 402
485+of fruit equal to not less than twenty-five per cent of the fruit used in 403
486+the manufacture of the farm winery permittee's wine. An average crop 404
487+shall be defined each year as the average yield of the farm winery 405
488+permittee's two largest annual crops out of the preceding five years, 406
489+except that during the first seven years from the date of issuance of a 407
490+farm winery permit, an average crop shall be defined as three tons of 408
491+grapes for each acre of vineyard farmed by the farm winery permittee. 409
492+Such seven-year period shall not begin anew if the property for which 410
493+the farm winery permit is held is transferred or sold during such 411
494+seven-year period. In the event the farm winery consists of more than 412
495+one property, the aggregate acreage of the farm winery shall not be 413
496+less than five acres. 414
497+(6) A holder of a manufacturer permit for a farm winery, when 415 Raised Bill No. 7184
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473-seven-year period. In the event the farm winery consists of more than 384
474-one property, the aggregate acreage of the farm winery shall not be 385
475-less than five acres. 386
476-(6) A holder of a manufacturer permit for a farm winery, when 387
477-advertising or offering wine for direct shipment to a consumer in this 388
478-state via the Internet or any other on-line computer network, shall 389
479-clearly and conspicuously state such liquor permit number in its 390
480-advertising. 391
481-(7) A holder of a manufacturer permit for a farm winery may sell 392
482-and offer free tastings of wine manufactured from such winery at a 393
483-farmers' market, as defined in section 22-6r, that is operated as a 394
484-nonprofit enterprise or association, provided such farmers' market 395
485-invites such holder to sell wine at such farmers' market and such 396
486-holder has a farmers' market wine sales permit issued by the 397
487-Commissioner of Consumer Protection in accordance with the 398
488-provisions of subsection (a) of section 30-37o. 399
489-(8) The annual fee for a manufacturer permit for a farm winery shall 400
490-be three hundred dollars. 401
491-(f) (1) A manufacturer permit for a farm brewery shall be in all 402
492-respects the same as a manufacturer permit, except that the scope of 403
493-operations of the holder shall be limited to the production of not more 404
494-than seventy-five thousand gallons of beer in a calendar year. As used 405
495-in this section, "farm brewery" means any place or premises that is 406
496-located on a farm in the state in which beer is manufactured and sold. 407
497-(2) Such permit shall, at the single principal premises of the farm 408
498-brewery, authorize (A) the sale of sealed bottles or other sealed 409
499-containers of beer brewed on such premises to the holder of a 410
500-wholesaler permit issued pursuant to section 30-17; (B) the offering 411
501-and tasting of free samples of beer manufactured by the farm brewery 412
502-permittee, dispensed out of bottles or other sealed containers to 413
503-visitors and prospective retail customers for consumption on the 414 Substitute Bill No. 7184
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503+advertising or offering wine for direct shipment to a consumer in this 416
504+state via the Internet or any other on-line computer network, shall 417
505+clearly and conspicuously state such liquor permit number in its 418
506+advertising. 419
507+(7) A holder of a manufacturer permit for a farm winery may sell 420
508+and offer free tastings of wine manufactured from such winery at a 421
509+farmers' market, as defined in section 22-6r, that is operated as a 422
510+nonprofit enterprise or association, provided such farmers' market 423
511+invites such holder to sell wine at such farmers' market and such 424
512+holder has a farmers' market wine sales permit issued by the 425
513+Commissioner of Consumer Protection in accordance with the 426
514+provisions of subsection (a) of section 30-37o. 427
515+(8) The annual fee for a manufacturer permit for a farm winery shall 428
516+be three hundred dollars. 429
517+(f) (1) A manufacturer permit for a farm brewery shall be in all 430
518+respects the same as a manufacturer permit, except that the scope of 431
519+operations of the holder shall be limited to the production of not more 432
520+than seventy-five thousand gallons of beer in a calendar year. As used 433
521+in this section, "farm brewery" means any place or premises that is 434
522+located on a farm in the state in which beer is manufactured and sold. 435
523+(2) Such permit shall, at the single principal premises of the farm 436
524+brewery, authorize (A) the sale of sealed bottles or other sealed 437
525+containers of beer brewed on such premises to the holder of a 438
526+wholesaler permit issued pursuant to section 30-17; (B) the offering 439
527+and tasting of free samples of beer manufactured by the farm brewery 440
528+permittee, dispensed out of bottles or other sealed containers to 441
529+visitors and prospective retail customers for consumption on the 442
530+premises of the farm brewery permittee; (C) the sale at retail from the 443
531+premises of not more than nine liters of such beer to any person per 444
532+day, in sealed bottles or other sealed containers, for consumption off 445
533+the premises; and (D) the sale at retail from the premises of beer or of 446
534+wine manufactured by the holder of a permit issued pursuant to 447 Raised Bill No. 7184
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510-premises of the farm brewery permittee; (C) the sale at retail from the 415
511-premises of not more than [nine liters] six gallons of such beer to any 416
512-person per day, in sealed bottles or other sealed containers, for 417
513-consumption off the premises; and (D) the sale at retail from the 418
514-premises of beer or of wine manufactured by the holder of a permit 419
515-issued pursuant to subsection (e) of this section by the glass and bottle 420
516-to visitors on the premises of the farm brewery permittee for 421
517-consumption on the premises. Notwithstanding the provisions of 422
518-subparagraphs (A) to (D), inclusive, of this subdivision, a town may, 423
519-by ordinance or zoning regulation, prohibit any such offering, tasting 424
520-or selling at retail at premises within such town for which a 425
521-manufacturer permit for a farm brewery has been issued. 426
522-(3) The farm brewery permittee shall use not less than twenty-five 427
523-per cent of a combination of hops, barley, cereal grains, honey, flowers 428
524-or other fermentables grown or malted within the state of Connecticut 429
525-in the manufacture of the farm brewery permittee's beer for the first 430
526-year of issuance for any such permit and not less than fifty per cent of 431
527-such hops, barley, cereal grains, honey, flowers or other fermentables 432
528-in the manufacture of the farm brewery permittee's beer for the second 433
529-and any subsequent year of issuance for any such permit. Any such 434
530-beer may be advertised and sold by the farm brewery permittee as 435
531-"Connecticut Craft Beer". 436
532-(4) A holder of a manufacturer permit for a farm brewery may sell 437
533-beer manufactured from such brewery at a farmers' market, as defined 438
534-in section 22-6r, that is operated as a nonprofit enterprise or 439
535-association, provided such farmers' market invites such holder to sell 440
536-beer at such farmers' market and such holder has a farmers' market 441
537-beer sales permit issued by the Commissioner of Consumer Protection 442
538-in accordance with the provisions of subsection (a) of section 30-37r. 443
539-(5) The annual fee for a manufacturer permit for a farm brewery 444
540-shall be three hundred dollars. 445
541-(g) A manufacturer permit for a brew pub shall allow: (1) The 446 Substitute Bill No. 7184
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540+subsection (e) of this section by the glass and bottle to visitors on the 448
541+premises of the farm brewery permittee for consumption on the 449
542+premises. Notwithstanding the provisions of subparagraphs (A) to (D), 450
543+inclusive, of this subdivision, a town may, by ordinance or zoning 451
544+regulation, prohibit any such offering, tasting or selling at retail at 452
545+premises within such town for which a manufacturer permit for a farm 453
546+brewery has been issued. 454
547+(3) The farm brewery permittee shall use not less than twenty-five 455
548+per cent of a combination of hops, barley, cereal grains, honey, flowers 456
549+or other fermentables grown or malted within the state of Connecticut 457
550+in the manufacture of the farm brewery permittee's beer for the first 458
551+year of issuance for any such permit and not less than fifty per cent of 459
552+such hops, barley, cereal grains, honey, flowers or other fermentables 460
553+in the manufacture of the farm brewery permittee's beer for the second 461
554+and any subsequent year of issuance for any such permit. Any such 462
555+beer may be advertised and sold by the farm brewery permittee as 463
556+"Connecticut Craft Beer". 464
557+(4) A holder of a manufacturer permit for a farm brewery may sell 465
558+beer manufactured from such brewery at a farmers' market, as defined 466
559+in section 22-6r, that is operated as a nonprofit enterprise or 467
560+association, provided such farmers' market invites such holder to sell 468
561+beer at such farmers' market and such holder has a farmers' market 469
562+beer sales permit issued by the Commissioner of Consumer Protection 470
563+in accordance with the provisions of subsection (a) of section 30-37r. 471
564+(5) The annual fee for a manufacturer permit for a farm brewery 472
565+shall be three hundred dollars. 473
566+(g) A manufacturer permit for a brew pub shall allow: (1) The 474
567+manufacture, storage and bottling of beer, (2) the retail sale of alcoholic 475
568+liquor, including wine manufactured by the holder of a permit issued 476
569+pursuant to subsection (e) of this section, to be consumed on the 477
570+premises with or without the sale of food, (3) the selling at retail from 478
571+the premises of sealed bottles or other sealed containers of beer brewed 479 Raised Bill No. 7184
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548-manufacture, storage and bottling of beer, (2) the retail sale of alcoholic 447
549-liquor, including wine manufactured by the holder of a permit issued 448
550-pursuant to subsection (e) of this section, to be consumed on the 449
551-premises with or without the sale of food, (3) the selling at retail from 450
552-the premises of sealed bottles or other sealed containers of beer brewed 451
553-on such premises for consumption off the premises, and (4) the sale of 452
554-sealed bottles or other sealed containers of beer brewed on such 453
555-premises to the holder of a wholesaler permit issued pursuant to 454
556-subsection (b) of section 30-17, provided that the holder of a 455
557-manufacturer permit for a brew pub produces at least five thousand 456
558-gallons of beer on the premises annually. Such selling at retail from the 457
559-premises of sealed bottles or other sealed containers shall comply with 458
560-the provisions of subsection (d) of section 30-91 and shall permit not 459
561-more than [nine liters] six gallons of beer to be sold to any person on 460
562-any day on which such sale is authorized under the provisions of 461
563-subsection (d) of section 30-91. The annual fee for a manufacturer 462
564-permit for a brew pub shall be three hundred dollars. 463
565-(h) A manufacturer permit for beer and brew pub shall be in all 464
566-respects the same as a manufacturer permit for beer, as defined in 465
567-subsection (b) of this section, and shall allow those additional 466
568-permissible uses specified in the manufacturer permit for a brew pub, 467
569-as defined in subsection (g) of this section, provided the holder of a 468
570-manufacturer permit for beer and brew pub produces at least five 469
571-thousand gallons of beer on the premises annually. The annual fee for 470
572-a manufacturer permit for beer and brew pub shall be one thousand 471
573-five hundred dollars. 472
574-(i) (1) A manufacturer permit for a farm distillery shall be in all 473
575-respects the same as a manufacturer permit, except that the scope of 474
576-operations of the holder shall be limited to the production of not more 475
577-than ten thousand gallons per calendar year of distilled alcohol or 476
578-spirits including, but not limited to, whiskey, gin, vodka and rum. As 477
579-used in this section, "farm distillery" means any place or premises that 478
580-is located on a farm in the state in which distilled spirits or alcohol are 479 Substitute Bill No. 7184
575+LCO No. 4577 16 of 23
576+
577+on such premises for consumption off the premises, and (4) the sale of 480
578+sealed bottles or other sealed containers of beer brewed on such 481
579+premises to the holder of a wholesaler permit issued pursuant to 482
580+subsection (b) of section 30-17, provided that the holder of a 483
581+manufacturer permit for a brew pub produces at least five thousand 484
582+gallons of beer on the premises annually. Such selling at retail from the 485
583+premises of sealed bottles or other sealed containers shall comply with 486
584+the provisions of subsection (d) of section 30-91 and shall permit not 487
585+more than nine liters of beer to be sold to any person on any day on 488
586+which such sale is authorized under the provisions of subsection (d) of 489
587+section 30-91. The annual fee for a manufacturer permit for a brew pub 490
588+shall be three hundred dollars. 491
589+(h) A manufacturer permit for beer and brew pub shall be in all 492
590+respects the same as a manufacturer permit for beer, as defined in 493
591+subsection (b) of this section, and shall allow those additional 494
592+permissible uses specified in the manufacturer permit for a brew pub, 495
593+as defined in subsection (g) of this section, provided the holder of a 496
594+manufacturer permit for beer and brew pub produces at least five 497
595+thousand gallons of beer on the premises annually. The annual fee for 498
596+a manufacturer permit for beer and brew pub shall be one thousand 499
597+five hundred dollars. 500
598+(i) (1) A manufacturer permit for a farm distillery shall be in all 501
599+respects the same as a manufacturer permit, except that the scope of 502
600+operations of the holder shall be limited to the production of not more 503
601+than ten thousand gallons per calendar year of distilled alcohol or 504
602+spirits including, but not limited to, whiskey, gin, vodka and rum. As 505
603+used in this section, "farm distillery" means any place or premises that 506
604+is located on a farm in the state in which distilled spirits or alcohol are 507
605+manufactured and sold. 508
606+(2) Such permit shall, at the single principal premises of the farm 509
607+distillery, authorize (A) the sale in bulk by the holder thereof from the 510
608+premises where the products are manufactured pursuant to such 511
609+permit; (B) the sale and shipment by the holder thereof to a retailer of 512 Raised Bill No. 7184
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587-manufactured and sold. 480
588-(2) Such permit shall, at the single principal premises of the farm 481
589-distillery, authorize (A) the sale in bulk by the holder thereof from the 482
590-premises where the products are manufactured pursuant to such 483
591-permit; (B) the sale and shipment by the holder thereof to a retailer of 484
592-distilled alcohol or spirits manufactured by the farm distillery 485
593-permittee in the original sealed containers of not more than fifteen 486
594-gallons per container; (C) the offering and tasting of free samples of 487
595-such distilled alcohol or spirits, in amounts not to exceed two ounces 488
596-per day per person, to visitors and prospective retail customers for 489
597-consumption on the premises of the farm distillery permittee; and (D) 490
598-the sale at retail from the premises of sealed bottles or other sealed 491
599-containers, in amounts not to exceed four and one-half liters per 492
600-customer per day, of such distilled alcohol or spirits for consumption 493
601-off the premises. Notwithstanding the provisions of subparagraphs (C) 494
602-and (D) of this subdivision, a town may, by ordinance or zoning 495
603-regulation, prohibit any such offering, tasting or selling at retail at 496
604-premises within such town for which a manufacturer permit for a farm 497
605-distillery has been issued. 498
606-(3) No licensed farm distillery may sell any such distilled alcohol or 499
607-spirits not manufactured by such distillery. 500
608-(4) The farm distillery permittee shall grow on the premises of the 501
609-farm distillery or on property under the same ownership and control 502
610-of said permittee or leased by the backer of a farm distillery permit or 503
611-by said permittee within the farm distillery's principal state an average 504
612-crop of fruit or crops equal to not less than twenty-five per cent of the 505
613-fruit or crops used in the manufacture of the farm distillery permittee's 506
614-distilled alcohol or spirits. An average crop shall be defined each year 507
615-as the average yield of the farm distillery permittee's two largest 508
616-annual crops out of the preceding five years. In the event the farm 509
617-distillery consists of more than one property, the aggregate acreage of 510
618-the farm distillery shall not be less than five acres. 511 Substitute Bill No. 7184
613+LCO No. 4577 17 of 23
614+
615+distilled alcohol or spirits manufactured by the farm distillery 513
616+permittee in the original sealed containers of not more than fifteen 514
617+gallons per container; (C) the offering and tasting of free samples of 515
618+such distilled alcohol or spirits, in amounts not to exceed two ounces 516
619+per day per person, to visitors and prospective retail customers for 517
620+consumption on the premises of the farm distillery permittee; and (D) 518
621+the sale at retail from the premises of sealed bottles or other sealed 519
622+containers, in amounts not to exceed four and one-half liters per 520
623+customer per day, of such distilled alcohol or spirits for consumption 521
624+off the premises. Notwithstanding the provisions of subparagraphs (C) 522
625+and (D) of this subdivision, a town may, by ordinance or zoning 523
626+regulation, prohibit any such offering, tasting or selling at retail at 524
627+premises within such town for which a manufacturer permit for a farm 525
628+distillery has been issued. 526
629+(3) No licensed farm distillery may sell any such distilled alcohol or 527
630+spirits not manufactured by such distillery. 528
631+(4) The farm distillery permittee shall grow on the premises of the 529
632+farm distillery or on property under the same ownership and control 530
633+of said permittee or leased by the backer of a farm distillery permit or 531
634+by said permittee within the farm distillery's principal state an average 532
635+crop of fruit or crops equal to not less than twenty-five per cent of the 533
636+fruit or crops used in the manufacture of the farm distillery permittee's 534
637+distilled alcohol or spirits. An average crop shall be defined each year 535
638+as the average yield of the farm distillery permittee's two largest 536
639+annual crops out of the preceding five years. In the event the farm 537
640+distillery consists of more than one property, the aggregate acreage of 538
641+the farm distillery shall not be less than five acres. 539
642+(5) The annual fee for a manufacturer permit for a farm distillery 540
643+shall be three hundred dollars. 541
644+Sec. 10. Section 30-18a of the general statutes is repealed and the 542
645+following is substituted in lieu thereof (Effective July 1, 2019): 543
646+(a) (1) An out-of-state winery shipper's permit for wine shall allow 544 Raised Bill No. 7184
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625-(5) The annual fee for a manufacturer permit for a farm distillery 512
626-shall be three hundred dollars. 513
627-Sec. 8. Section 30-18a of the general statutes is repealed and the 514
628-following is substituted in lieu thereof (Effective July 1, 2019): 515
629-(a) (1) An out-of-state winery shipper's permit for wine shall allow 516
630-the sale of wine to manufacturer and wholesaler permittees in this 517
631-state as permitted by law and for those shippers that produce not more 518
632-than one hundred thousand gallons of wine per year, the sale and 519
633-shipment by the holder thereof to a retailer of wine manufactured by 520
634-such permittee in the original sealed containers of not more than 521
635-fifteen gallons per container. For purposes of this section, "wine" shall 522
636-include cider not exceeding six per cent alcohol by volume and apple 523
637-wine not exceeding fifteen per cent alcohol by volume. 524
638-(2) An out-of-state retailer shipper's permit for wine shall allow the 525
639-sale and shipment of wine directly to a consumer in this state. 526
640-(b) Subject to the provisions of this subsection, [an out-of-state 527
641-winery shipper's permit for wine] the permits under subsection (a) of 528
642-this section shall allow the sale and delivery or shipment of wine 529
643-manufactured or sold by the permittee directly to a consumer in this 530
644-state. Such permittee, when selling and shipping wine directly to a 531
645-consumer in this state, shall: (1) Ensure that the shipping labels on all 532
646-containers of wine shipped directly to a consumer in this state 533
647-conspicuously state the following: "CONTAINS ALCOHOL —534
648-SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 535
649-DELIVERY"; (2) obtain the signature of a person age twenty-one or 536
650-older at the address prior to delivery, after requiring the signer to 537
651-demonstrate that he or she is age twenty-one or older by providing a 538
652-valid motor vehicle operator's license or a valid identity card described 539
653-in section 1-1h; (3) not ship more than five gallons of wine in any two-540
654-month period to any person in this state and not ship any wine until 541
655-such permittee is registered, with respect to the permittee's sales of 542
656-wine to consumers in this state, for purposes of the taxes imposed 543 Substitute Bill No. 7184
650+LCO No. 4577 18 of 23
651+
652+the sale of wine to manufacturer and wholesaler permittees in this 545
653+state as permitted by law and for those shippers that produce not more 546
654+than one hundred thousand gallons of wine per year, the sale and 547
655+shipment by the holder thereof to a retailer of wine manufactured by 548
656+such permittee in the original sealed containers of not more than 549
657+fifteen gallons per container. For purposes of this section, "wine" shall 550
658+include cider not exceeding six per cent alcohol by volume and apple 551
659+wine not exceeding fifteen per cent alcohol by volume. 552
660+(2) An out-of-state retailer shipper's permit for wine shall allow the 553
661+sale and shipment of wine directly to a consumer in this state. 554
662+(b) Subject to the provisions of this subsection, [an out-of-state 555
663+winery shipper's permit for wine] the permits under subsection (a) of 556
664+this section shall allow the sale and delivery or shipment of wine 557
665+manufactured or sold by the permittee directly to a consumer in this 558
666+state. Such permittee, when selling and shipping wine directly to a 559
667+consumer in this state, shall: (1) Ensure that the shipping labels on all 560
668+containers of wine shipped directly to a consumer in this state 561
669+conspicuously state the following: "CONTAINS ALCOHOL —562
670+SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 563
671+DELIVERY"; (2) obtain the signature of a person age twenty-one or 564
672+older at the address prior to delivery, after requiring the signer to 565
673+demonstrate that he or she is age twenty-one or older by providing a 566
674+valid motor vehicle operator's license or a valid identity card described 567
675+in section 1-1h; (3) not ship more than five gallons of wine in any two-568
676+month period to any person in this state and not ship any wine until 569
677+such permittee is registered, with respect to the permittee's sales of 570
678+wine to consumers in this state, for purposes of the taxes imposed 571
679+under chapters 219 and 220, with the Department of Revenue Services; 572
680+(4) pay, to the Department of Revenue Services, all sales taxes and 573
681+alcoholic beverage taxes due under chapters 219 and 220 on sales of 574
682+wine to consumers in this state, and file, with said department, all sales 575
683+tax returns and alcoholic beverage tax returns relating to such sales, 576
684+with the amount of such taxes to be calculated as if the sale were in this 577
685+state at the location where delivery is made; (5) report to the 578 Raised Bill No. 7184
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663-under chapters 219 and 220, with the Department of Revenue Services; 544
664-(4) pay, to the Department of Revenue Services, all sales taxes and 545
665-alcoholic beverage taxes due under chapters 219 and 220 on sales of 546
666-wine to consumers in this state, and file, with said department, all sales 547
667-tax returns and alcoholic beverage tax returns relating to such sales, 548
668-with the amount of such taxes to be calculated as if the sale were in this 549
669-state at the location where delivery is made; (5) report to the 550
670-Department of Consumer Protection a separate and complete record of 551
671-all sales and shipments to consumers in the state, on a ledger sheet or 552
672-similar form which readily presents a chronological account of such 553
673-permittee's dealings with each such consumer; (6) permit the 554
674-Department of Consumer Protection and Department of Revenue 555
675-Services, separately or jointly, to perform an audit of the permittee's 556
676-records upon request; (7) not ship to any address in the state where the 557
677-sale of alcoholic liquor is prohibited by local option pursuant to section 558
678-30-9; (8) hold an in-state transporter's permit pursuant to section 30-19f 559
679-or make any such shipment through the use of a person who holds 560
680-such an in-state transporter's permit; and (9) execute a written consent 561
681-to the jurisdiction of this state, its agencies and instrumentalities and 562
682-the courts of this state concerning the enforcement of this section and 563
683-any related laws, rules, or regulations, including tax laws, rules or 564
684-regulations. 565
685-(c) The Department of Consumer Protection, in consultation with 566
686-the Department of Revenue Services, may adopt regulations in 567
687-accordance with the provisions of chapter 54 to assure compliance 568
688-with the provisions of subsection (b) of this section. 569
689-(d) A holder of [an out-of-state winery shipper's permit for wine] a 570
690-permit under subsection (a) of this section, when advertising or 571
691-offering wine for direct shipment to a consumer in this state via the 572
692-Internet or any other on-line computer network, shall clearly and 573
693-conspicuously state such liquor permit number in its advertising. 574
694-(e) (1) For purposes of chapter 219, the holder of [an out-of-state 575
695-winery shipper's permit for wine] a permit under subsection (a) of this 576 Substitute Bill No. 7184
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691+Department of Consumer Protection a separate and complete record of 579
692+all sales and shipments to consumers in the state, on a ledger sheet or 580
693+similar form which readily presents a chronological account of such 581
694+permittee's dealings with each such consumer; (6) permit the 582
695+Department of Consumer Protection and Department of Revenue 583
696+Services, separately or jointly, to perform an audit of the permittee's 584
697+records upon request; (7) not ship to any address in the state where the 585
698+sale of alcoholic liquor is prohibited by local option pursuant to section 586
699+30-9; (8) hold an in-state transporter's permit pursuant to section 30-19f 587
700+or make any such shipment through the use of a person who holds 588
701+such an in-state transporter's permit; and (9) execute a written consent 589
702+to the jurisdiction of this state, its agencies and instrumentalities and 590
703+the courts of this state concerning the enforcement of this section and 591
704+any related laws, rules, or regulations, including tax laws, rules or 592
705+regulations. 593
706+(c) The Department of Consumer Protection, in consultation with 594
707+the Department of Revenue Services, may adopt regulations in 595
708+accordance with the provisions of chapter 54 to assure compliance 596
709+with the provisions of subsection (b) of this section. 597
710+(d) A holder of [an out-of-state winery shipper's permit for wine] a 598
711+permit under subsection (a) of this section, when advertising or 599
712+offering wine for direct shipment to a consumer in this state via the 600
713+Internet or any other on-line computer network, shall clearly and 601
714+conspicuously state such liquor permit number in its advertising. 602
715+(e) (1) For purposes of chapter 219, the holder of [an out-of-state 603
716+winery shipper's permit for wine] a permit under subsection (a) of this 604
717+section, when shipping wine directly to a consumer in this state, shall 605
718+be deemed to be a retailer engaged in business in this state as defined 606
719+in chapter 219 and shall be required to be issued a seller's permit 607
720+pursuant to chapter 219. 608
721+(2) For purposes of chapter 220, the holder of [an out-of-state winery 609
722+shipper's permit for wine] a permit under subsection (a) of this section, 610 Raised Bill No. 7184
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702-section, when shipping wine directly to a consumer in this state, shall 577
703-be deemed to be a retailer engaged in business in this state as defined 578
704-in chapter 219 and shall be required to be issued a seller's permit 579
705-pursuant to chapter 219. 580
706-(2) For purposes of chapter 220, the holder of [an out-of-state winery 581
707-shipper's permit for wine] a permit under subsection (a) of this section, 582
708-when shipping wine directly to a consumer in this state, shall be 583
709-deemed to be a distributor as defined in chapter 220 and shall be 584
710-required to be licensed pursuant to chapter 220. 585
711-(f) Any person who applies for an out-of-state winery shipper's 586
712-permit for wine or for the renewal of such permit shall furnish an 587
713-affidavit to the Department of Consumer Protection, in such form as 588
714-may be prescribed by the department, affirming whether the out-of-589
715-state winery that is the subject of such permit produced more than one 590
716-hundred thousand gallons of wine during the most recently completed 591
717-calendar year. 592
718-(g) The annual fee for [an out-of-state winery shipper's permit for 593
719-wine] a permit under subsection (a) of this section shall be three 594
720-hundred fifteen dollars. 595
721-(h) As used in this section, "out-of-state" means any state other than 596
722-Connecticut, any territory or possession of the United States, the 597
723-District of Columbia or the Commonwealth of Puerto Rico, but does 598
724-not include any foreign country. 599
725-Sec. 9. (NEW) (Effective July 1, 2019) Notwithstanding the provisions 600
726-of section 30-68m of the general statutes, the holder of a package store 601
727-permit issued pursuant to section 30-20 of the general statutes may 602
728-ship alcoholic liquor to a consumer located out-of-state, subject to all 603
729-applicable laws of the jurisdiction in which such consumer is located. 604
730-As used in this section, "out-of-state" means any state other than 605
731-Connecticut, any territory or possession of the United States, the 606
732-District of Columbia or the Commonwealth of Puerto Rico, but does 607 Substitute Bill No. 7184
726+LCO No. 4577 20 of 23
727+
728+when shipping wine directly to a consumer in this state, shall be 611
729+deemed to be a distributor as defined in chapter 220 and shall be 612
730+required to be licensed pursuant to chapter 220. 613
731+(f) Any person who applies for an out-of-state winery shipper's 614
732+permit for wine or for the renewal of such permit shall furnish an 615
733+affidavit to the Department of Consumer Protection, in such form as 616
734+may be prescribed by the department, affirming whether the out-of-617
735+state winery that is the subject of such permit produced more than one 618
736+hundred thousand gallons of wine during the most recently completed 619
737+calendar year. 620
738+(g) The annual fee for [an out-of-state winery shipper's permit for 621
739+wine] a permit under subsection (a) of this section shall be three 622
740+hundred fifteen dollars. 623
741+(h) As used in this section, "out-of-state" means any state other than 624
742+Connecticut, any territory or possession of the United States, the 625
743+District of Columbia or the Commonwealth of Puerto Rico, but does 626
744+not include any foreign country. 627
745+Sec. 11. (NEW) (Effective July 1, 2019) Notwithstanding the 628
746+provisions of section 30-68m of the general statutes, as amended by 629
747+this act, the holder of a package store permit issued pursuant to section 630
748+30-20 of the general statutes may ship alcoholic liquor to a consumer 631
749+located out of state, subject to all applicable laws of the jurisdiction in 632
750+which such consumer is located. As used in this section, "out of state" 633
751+means any state other than Connecticut, any territory or possession of 634
752+the United States, the District of Columbia or the Commonwealth of 635
753+Puerto Rico, but does not include any foreign country. 636
754+Sec. 12. Section 30-6a of the general statutes is repealed and the 637
755+following is substituted in lieu thereof (Effective July 1, 2019): 638
756+(a) The Department of Consumer Protection may adopt in 639
757+accordance with the provisions of chapter 54 all necessary regulations, 640
758+subject to the provisions of subsection (c) of this section, to: (1) Carry 641 Raised Bill No. 7184
733759
734760
735-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07184-
736-R01-HB.docx }
737-20 of 20
738761
739-not include any foreign country. 608
762+LCO No. 4577 21 of 23
763+
764+out, enforce and prevent violation of the provisions of this chapter, (2) 642
765+inspect permit premises, (3) ensure sanitary conditions, (4) ensure 643
766+proper, safe and orderly conduct of permit premises, and (5) protect 644
767+the public against fraud or overcharge. 645
768+(b) More specifically, with respect to part V of this chapter, the 646
769+Department of Consumer Protection may adopt in accordance with the 647
770+provisions of chapter 54 regulations that are necessary to (1) carry out 648
771+the purposes of section 30-64 and prevent the circumvention thereof by 649
772+the offering or giving of any rebate, allowance [, free goods,] or 650
773+discount [or any other thing or service of value] for alcoholic liquor; (2) 651
774+permit the withdrawal of, an addition to, a deletion from or an 652
775+amendment of any schedule, or a modification of prices therein, when 653
776+not inconsistent with the purposes of said section 30-64, whenever 654
777+necessary to avoid practical difficulties or unnecessary hardships to 655
778+any permittee affected by said section 30-64 or because of acts or 656
779+circumstances beyond the control of such permittee and under such 657
780+terms and conditions as are necessary to carry out the purposes of said 658
781+section 30-64; (3) permit the sale by a retailer of a brand of alcoholic 659
782+liquor or wine for which a schedule of suggested consumer resale 660
783+prices has not been and cannot be filed, whenever necessary to avoid 661
784+practical difficulties or unnecessary hardships to any permittee 662
785+affected by said section or because of acts or circumstances beyond the 663
786+control of such permittee, and under such terms and conditions as are 664
787+necessary to carry out the purposes of said section 30-64; (4) subject to 665
788+the provisions of section 30-63e, permit the closeout of a brand for the 666
789+purpose of discontinuing its sale, under such terms and conditions as 667
790+are necessary to carry out the purposes of said section 30-64; (5) carry 668
791+out the purposes of sections 30-68k to 30-68m, inclusive, and section 669
792+30-76a and prevent their circumvention; (6) on verified application, 670
793+and for good cause shown, permit any adjustment or change of any 671
794+item on the schedule required to be filed under section 30-63, as 672
795+amended by this act, and said section 30-64; and (7) permit the sale at a 673
796+price which is less than cost by a supplier, wholesaler or retailer for 674
797+any item of alcoholic liquor, except beer, that is damaged or 675 Raised Bill No. 7184
798+
799+
800+
801+LCO No. 4577 22 of 23
802+
803+deteriorated in quality, or, subject to the provisions of section 30-63f, 676
804+permit the closeout of a brand or size for the purpose of discontinuing 677
805+its sale, under such terms and conditions as are necessary to carry out 678
806+the purposes of sections 30-68k to 30-68m, inclusive, and section 30-679
807+76a. 680
808+(c) The department shall not adopt any regulation: (1) Requiring 681
809+prior approval of alterations or changes in the interior or exterior of 682
810+permit premises; (2) requiring prior approval for live entertainment or 683
811+the installation of amusement devices or games; (3) requiring 684
812+registration of employees or agents of permittees; (4) requiring the 685
813+presence of retail permittees on permit premises during hours of sale 686
814+or prohibiting employment of such permittees in another occupation 687
815+or business except as provided in section 30-45; [or] (5) establishing a 688
816+mandated minimum price above which a permittee must sell; (6) 689
817+prohibiting a package store permittee from providing customers with 690
818+promotional items and novelties to promote or advertise the package 691
819+store; or (7) prohibiting a package store permittee from offering rebates 692
820+or discounts on goods other than alcoholic liquor sold by such 693
821+permittee on the permit premises. 694
740822 This act shall take effect as follows and shall amend the following
741823 sections:
742824
743825 Section 1 July 1, 2019, and
744-applicable to all new
745-permits issued on and after
746-said date
826+applicable to new package
827+store permits issued on and
828+after said date
747829 30-14a
748830 Sec. 2 from passage New section
749831 Sec. 3 July 1, 2019 30-48a
750-Sec. 4 July 1, 2019 30-1(6)
751-Sec. 5 July 1, 2019 30-68l
752-Sec. 6 July 1, 2019 30-63
753-Sec. 7 July 1, 2019 30-16
754-Sec. 8 July 1, 2019 30-18a
755-Sec. 9 July 1, 2019 New section
832+Sec. 4 July 1, 2019 30-68m(c)
833+Sec. 5 July 1, 2019 30-1(6)
834+Sec. 6 July 1, 2019 30-68l
835+Sec. 7 July 1, 2019 30-63
836+Sec. 8 July 1, 2019 New section
837+Sec. 9 July 1, 2019 30-16
838+Sec. 10 July 1, 2019 30-18a
839+Sec. 11 July 1, 2019 New section Raised Bill No. 7184
756840
757-GL Joint Favorable Subst.
841+
842+
843+LCO No. 4577 23 of 23
844+
845+Sec. 12 July 1, 2019 30-6a
846+
847+Statement of Purpose:
848+To make changes to the Liquor Control Act.
849+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
850+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
851+not underlined.]
758852