43 | 47 | | of a manufacturer permit for a farm winery issued pursuant to 20 |
---|
44 | 48 | | subsection (e) of section 30-16 of the general statutes, as amended by 21 |
---|
45 | 49 | | this act, the holder of a manufacturer permit for a brew pub issued 22 |
---|
46 | 50 | | pursuant to subsection (g) of section 30-16 of the general statutes, as 23 |
---|
47 | 51 | | amended by this act, or the holder of a manufacturer permit for beer 24 |
---|
48 | 52 | | and brew pub issued pursuant to subsection (h) of section 30-16 of the 25 |
---|
49 | 53 | | general statutes, as amended by this act, may conduct special event 26 |
---|
50 | 54 | | catering on the permit premises, subject to regulations adopted 27 |
---|
51 | 55 | | pursuant to subsection (b) of this section. A municipality may, by 28 |
---|
52 | 56 | | ordinance or zoning regulation, prohibit any such special event 29 |
---|
53 | 57 | | catering at premises within such town for which a manufacturer 30 |
---|
54 | 58 | | permit for beer or a manufacturer permit for a farm winery has been 31 |
---|
55 | 59 | | issued. 32 |
---|
56 | 60 | | (b) The Department of Consumer Protection shall adopt regulations, 33 |
---|
57 | 61 | | in accordance with the provisions of chapter 54 of the general statutes, 34 |
---|
58 | 62 | | to implement the provisions of subsection (a) of this section. Such 35 |
---|
59 | 63 | | regulations shall define "special event" and shall impose a fee of five 36 |
---|
60 | 64 | | hundred dollars annually upon each permittee allowed to conduct 37 |
---|
61 | 65 | | special event catering pursuant to subsection (a) of this section. 38 |
---|
62 | 66 | | Sec. 3. Section 30-48a of the general statutes is repealed and the 39 |
---|
63 | 67 | | following is substituted in lieu thereof (Effective July 1, 2019): 40 |
---|
64 | 68 | | (a) No person, and no backer as defined in section 30-1, as amended 41 |
---|
65 | 69 | | by this act, shall, except as provided in this section, acquire an interest 42 |
---|
66 | 70 | | 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 |
---|
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 |
---|
| 79 | + | LCO No. 4577 3 of 23 |
---|
| 80 | + | |
---|
| 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 |
---|
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 |
---|
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 |
---|
| 154 | + | LCO No. 4577 5 of 23 |
---|
| 155 | + | |
---|
| 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 |
---|
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 |
---|
| 192 | + | LCO No. 4577 6 of 23 |
---|
| 193 | + | |
---|
| 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 |
---|
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 |
---|
| 230 | + | LCO No. 4577 7 of 23 |
---|
| 231 | + | |
---|
| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
| 347 | + | LCO No. 4577 10 of 23 |
---|
| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
| 501 | + | LCO No. 4577 14 of 23 |
---|
| 502 | + | |
---|
| 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 |
---|
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 |
---|
| 538 | + | LCO No. 4577 15 of 23 |
---|
| 539 | + | |
---|
| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
| 689 | + | LCO No. 4577 19 of 23 |
---|
| 690 | + | |
---|
| 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 |
---|
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 |
---|
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 |
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| 820 | + | or discounts on goods other than alcoholic liquor sold by such 693 |
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| 821 | + | permittee on the permit premises. 694 |
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