Connecticut 2020 Regular Session

Connecticut House Bill HB05173 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1454 1 of 52
4	4
5	5	General Assembly Raised Bill No. 5173
6	6	February Session, 2020
7	7	LCO No. 1454
8	8
9	9
10	10	Referred to Committee on GENERAL LAW
11	11
12	12
13	13	Introduced by:
14	14	(GL)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING MI NOR AND TECHNICAL RE VISIONS TO THE
20	20	LIQUOR CONTROL ACT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 30-1 of the 2020 supplement to the general statutes, 1
25	25	as amended by section 3 of public act 19-24, is repealed and the 2
26	26	following is substituted in lieu thereof (Effective July 1, 2020): 3
27	27	For the interpretation of this chapter, unless the context indicates a 4
28	28	different meaning: 5
29	29	(1) "Airline" means any United States airline carrier, holding a 6
30	30	certificate of public convenience and necessity from the Civil 7
31	31	Aeronautics Board under Section 401 of the Federal Aviation Act of 8
32	32	1958, as amended, or any foreign flag carrier, holding a permit under 9
33	33	Section 402 of such act. 10
34	34	(2) "Alcohol" means the product of distillation of any fermented 11
35	35	liquid, rectified either once or more often, whatever may be the origin 12
36	36	thereof, and includes synthetic ethyl alcohol which is considered 13
37	37	nonpotable. 14
38	38	Raised Bill No. 5173
39	39
40	40
41	41
42	42	LCO No. 1454 2 of 52
43	43
44	44	(3) "Alcoholic liquor" or "alcoholic beverage" includes the four 15
45	45	varieties of liquor defined in subdivisions (2), (5), (16) and (17) of this 16
46	46	section (alcohol, beer, spirits and wine) and every liquid or solid, 17
47	47	patented or not, containing alcohol, spirits, wine or beer and capable of 18
48	48	being consumed by a human being for beverage purposes. Any liquid 19
49	49	or solid containing more than one of the four varieties so defined is 20
50	50	considered as belonging to that variety which has the higher percentage 21
51	51	of alcohol, according to the following order: Alcohol, spirits, wine and 22
52	52	beer, except as provided in subdivision (20) of this section. The 23
53	53	provisions of this chapter shall not apply to any liquid or solid 24
54	54	containing less than one-half of one per cent of alcohol by volume. 25
55	55	(4) "Backer" means, except in cases where the permittee is himself the 26
56	56	proprietor, the proprietor of any business or club, incorporated or 27
57	57	unincorporated, engaged in the manufacture or sale of alcoholic liquor, 28
58	58	in which business a permittee is associated, whether as employee, agent 29
59	59	or part owner. 30
60	60	(5) "Beer" means any beverage obtained by the alcoholic fermentation 31
61	61	of an infusion or decoction of barley, malt and hops in drinking water. 32
62	62	(6) (A) "Case price" means the price of a container of cardboard, wood 33
63	63	or other material, containing units of the same size and class of alcoholic 34
64	64	liquor, and (B) a case of alcoholic liquor, other than beer, cordials, 35
65	65	cocktails, wines and prepared mixed drinks, shall be in the number and 36
66	66	quantity, or fewer, with the permission of the Commissioner of 37
67	67	Consumer Protection, of units or bottles as follows: (i) Six one thousand 38
68	68	seven hundred fifty milliliter bottles; (ii) twelve one liter bottles; (iii) 39
69	69	twelve seven hundred fifty milliliter bottles; (iv) twenty-four three 40
70	70	hundred seventy-five milliliter bottles; (v) forty-eight two hundred 41
71	71	milliliter bottles; (vi) sixty one hundred milliliter bottles; or (vii) one 42
72	72	hundred twenty fifty milliliter bottles, except a case of fifty milliliter 43
73	73	bottles may be in a number and quantity as originally configured, 44
74	74	packaged and sold by the manufacturer or out-of-state shipper prior to 45
75	75	shipment, provided such number of bottles does not exceed two 46
76	76	Raised Bill No. 5173
77	77
78	78
79	79
80	80	LCO No. 1454 3 of 52
81	81
82	82	hundred. The commissioner shall not authorize fewer numbers or 47
83	83	quantities of units or bottles as specified in this subdivision for any one 48
84	84	person or entity more than eight times in any calendar year. For the 49
85	85	purposes of this subdivision, "class" has the same meaning as defined in 50
86	86	27 CFR 5.22 for spirits, as defined in 27 CFR 4.21 for wine, and as defined 51
87	87	in 27 CFR 7.24 for beer. 52
88	88	(7) "Charitable organization" means any nonprofit organization 53
89	89	organized for charitable purposes to which has been issued a ruling by 54
90	90	the Internal Revenue Service classifying it as an exempt organization 55
91	91	under Section 501(c)(3) of the Internal Revenue Code. 56
92	92	(8) "Coliseum" means a coliseum as defined in section 30-33a. 57
93	93	(9) "Commission" means the Liquor Control Commission and 58
94	94	"department" means the Department of Consumer Protection. 59
95	95	(10) "Mead" means fermented honey, with or without adjunct 60
96	96	ingredients or additions, regardless of alcohol content, regardless of 61
97	97	process, and regardless of being sparkling, carbonated or still. 62
98	98	(11) "Minor" means any person under twenty-one years of age. 63
99	99	(12) "Person" means natural person including partners but shall not 64
100	100	include corporations, limited liability companies, joint stock companies 65
101	101	or other associations of natural persons. 66
102	102	(13) "Proprietor" shall include all owners of businesses or clubs, 67
103	103	included in subdivision (4) of this section, whether such owners are 68
104	104	individuals, partners, joint stock companies, fiduciaries, stockholders of 69
105	105	corporations or otherwise, but shall not include persons or corporations 70
106	106	who are merely creditors of such businesses or clubs, whether as note 71
107	107	holders, bond holders, landlords or franchisors. 72
108	108	(14) "Dining room" means a room or rooms in premises operating 73
109	109	under a hotel permit, hotel beer permit, restaurant permit, restaurant 74
110	110	permit for beer or cafe permit issued pursuant to subsections (j) and (k) 75
111	111	Raised Bill No. 5173
112	112
113	113
114	114
115	115	LCO No. 1454 4 of 52
116	116
117	117	of section 30-22a, where meals are customarily served, within the room 76
118	118	or rooms, to any member of the public who has means of payment and 77
119	119	proper demeanor. 78
120	120	(15) "Restaurant" means a restaurant as defined in section 30-22. 79
121	121	(16) "Spirits" means any beverage that contains alcohol obtained by 80
122	122	distillation mixed with drinkable water and other substances in 81
123	123	solution, including brandy, rum, whiskey and gin. 82
124	124	(17) "Wine" means any alcoholic beverage obtained by the 83
125	125	fermentation of the natural sugar content of fruits, such as grapes or 84
126	126	apples or other agricultural products, containing sugar, including 85
127	127	fortified wines such as port, sherry and champagne. 86
128	128	(18) "Nonprofit public television corporation" means a nonprofit 87
129	129	public television corporation as defined in section 30-37d. 88
130	130	Sec. 2. Section 30-12 of the general statutes is repealed and the 89
131	131	following is substituted in lieu thereof (Effective July 1, 2020): 90
132	132	When any town has so voted upon the question of liquor permits, any 91
133	133	liquor permit granted in such town which is not in accordance with such 92
134	134	vote shall be void except manufacturer permits [, railroad permits and 93
135	135	golf country club] and cafe permits issued pursuant to subsections (g) 94
136	136	and (k) of section 30-22a. 95
137	137	Sec. 3. Section 30-13a of the general statutes is repealed and the 96
138	138	following is substituted in lieu thereof (Effective July 1, 2020): 97
139	139	In any case in which a town has, under the provisions of this part, 98
140	140	acted, prior to October 1, 1965, to prohibit the sale of alcoholic liquor or 99
141	141	restrict such sale to beer only, such action shall not apply to the sale of 100
142	142	alcoholic liquor under a [golf country club] cafe permit issued pursuant 101
143	143	to subsection (g) of section 30-22a, except that the granting of any such 102
144	144	permit by the Department of Consumer Protection shall be subject to the 103
145	145	provisions of section 30-25a, as amended by this act, provided any such 104
146	146	Raised Bill No. 5173
147	147
148	148
149	149
150	150	LCO No. 1454 5 of 52
151	151
152	152	permit issued prior to October 1, 1973, shall be subject to the provisions 105
153	153	of said section 30-25a, as amended by this act, only if the holder fails to 106
154	154	renew such permit or it is revoked by the department for cause. 107
155	155	Sec. 4. Section 30-14 of the general statutes is repealed and the 108
156	156	following is substituted in lieu thereof (Effective July 1, 2020): 109
157	157	(a) A permit shall be a purely personal privilege that expires 110
158	158	annually, except a permit issued under sections 30-25, as amended by 111
159	159	this act, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, and revocable in the 112
160	160	discretion of the Department of Consumer Protection subject to appeal 113
161	161	as provided in section 30-55, as amended by this act. A permit shall not 114
162	162	constitute property, nor shall it be subject to attachment and execution, 115
163	163	nor shall it be alienable, except that it shall descend to the estate of a 116
164	164	deceased permittee by the laws of testate or intestate succession. [A 117
165	165	railroad permit or an] An airline permit and a cafe permit issued 118
166	166	pursuant to subsection (k) of section 30-22a shall be granted to the 119
167	167	[railroad corporation or] airline corporation or railway corporation and 120
168	168	not to any person, and the corporation shall be the permittee. 121
169	169	(b) Any permit in this part, except a permit issued under sections 30-122
170	170	25, as amended by this act, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, may 123
171	171	be issued for a continuous period of not more than six consecutive 124
172	172	calendar months, at two-thirds of regular fees, but rebate of fees shall 125
173	173	not be permitted for any unexpired portion of the term of a permit 126
174	174	revoked by reason of a violation of any provision of this chapter. 127
175	175	(c) The executors or administrators of the estate of any deceased 128
176	176	permittee, and the trustees of any insolvent or bankrupt estate of a 129
177	177	permittee, when such estate consists in whole or in part of alcoholic 130
178	178	liquor, may continue the business of the sale or manufacture of alcoholic 131
179	179	liquor under order of the appropriate court and may exercise the 132
180	180	privileges of the deceased or insolvent or bankrupt permittee for a 133
181	181	period not exceeding six months after the date of such decease or of such 134
182	182	insolvency or bankruptcy, or until such time as the applicable permit 135
183	183	Raised Bill No. 5173
184	184
185	185
186	186
187	187	LCO No. 1454 6 of 52
188	188
189	189	expires, whichever date is later. A certified copy of the order of the court 136
190	190	authorizing the continuance of such business shall be filed with the 137
191	191	department. In the event of the death, insolvency or bankruptcy of a 138
192	192	backer, the permittee of such backer shall have the same rights and 139
193	193	privileges as set forth in this section, provided, in addition to the order 140
194	194	of said court, the executor or administrator of the estate of any deceased 141
195	195	backer, or the trustee of any insolvent or bankrupt estate of a backer, 142
196	196	shall file a notice with the department that he has authorized such 143
197	197	permittee to continue such business. 144
198	198	(d) Notwithstanding any provision of this section, a package store 145
199	199	permit may be renewed by a transferee or purchaser of permit premises 146
200	200	under section 30-14a. 147
201	201	Sec. 5. Subsection (b) of section 30-22c of the general statutes is 148
202	202	repealed and the following is substituted in lieu thereof (Effective July 1, 149
203	203	2020): 150
204	204	(b) The holder of a cafe permit issued pursuant to subsection (a) of 151
205	205	section 30-22a may operate a juice bar or similar facility at a permit 152
206	206	premises if the juice bar or similar facility is limited to a room or rooms 153
207	207	or separate area within the permit premises wherein there is no sale, 154
208	208	consumption, dispensing or presence of alcoholic liquor. 155
209	209	Sec. 6. Section 30-24 of the general statutes is repealed and the 156
210	210	following is substituted in lieu thereof (Effective July 1, 2020): 157
211	211	Spouses of members of any club or golf country club which holds a 158
212	212	permit under [the provisions of this chapter] subsection (g) or (h) of 159
213	213	section 30-22a may be allowed to participate in all of the privileges of 160
214	214	said club or golf country club, by vote of said members, and shall not be 161
215	215	considered guests for purposes of the general statutes or regulations of 162
216	216	the Department of Consumer Protection. 163
217	217	Sec. 7. Section 30-24b of the general statutes is repealed and the 164
218	218	following is substituted in lieu thereof (Effective July 1, 2020): 165
219	219	Raised Bill No. 5173
220	220
221	221
222	222
223	223	LCO No. 1454 7 of 52
224	224
225	225	Auxiliary members who are spouses of members or surviving 166
226	226	spouses of former deceased members of any club specified in 167
227	227	subsections (g) to (i), inclusive, of section 30-22a which holds a permit 168
228	228	under the provisions of this chapter may be allowed to participate in all 169
229	229	the privileges of such club, by vote of such club members and shall not 170
230	230	be considered guests for purposes of the general statutes or regulations 171
231	231	of the Department of Consumer Protection. 172
232	232	Sec. 8. Section 30-25 of the general statutes is repealed and the 173
233	233	following is substituted in lieu thereof (Effective July 1, 2020): 174
234	234	(a) A special club permit shall allow the sale of alcoholic liquor by the 175
235	235	drink at retail to be consumed at the grounds of an outdoor picnic 176
236	236	conducted by a club or golf country club. Such permits shall be issued 177
237	237	only to holders of [club or golf country club] cafe permits issued 178
238	238	pursuant to subsections (g) to (i), inclusive, of section 30-22a and shall 179
239	239	be issued on a daily basis subject to the hours of sale in section 30-91, as 180
240	240	amended by this act, and shall be the same as provided therein for clubs 181
241	241	and golf country clubs. The exception that applies to [railroad and boat] 182
242	242	cafe permits issued pursuant to subsections (j) to (k), inclusive, of section 183
243	243	30-22a in section 30-48, as amended by this act, shall apply to such a 184
244	244	special club permit. No such club or golf country club shall be granted 185
245	245	more than four such special club permits during any one calendar year. 186
246	246	(b) The Department of Consumer Protection shall have full discretion 187
247	247	in the issuance of such special club permits as to suitability of place and 188
248	248	may make any regulations with respect thereto. 189
249	249	(c) The fee for such a special club permit shall be fifty dollars per day. 190
250	250	Sec. 9. Section 30-25a of the general statutes is repealed and the 191
251	251	following is substituted in lieu thereof (Effective July 1, 2020): 192
252	252	Notwithstanding any provision of part III of this chapter, but subject 193
253	253	to the approval by referendum of the municipality wherein the golf club 194
254	254	is located, a [club] cafe permit, as specified in subsection (g) of section 195
255	255	Raised Bill No. 5173
256	256
257	257
258	258
259	259	LCO No. 1454 8 of 52
260	260
261	261	30-22a, shall be granted by the Department of Consumer Protection, in 196
262	262	the manner provided in section 30-39, as amended by this act, to any 197
263	263	golf club which has been in existence as a bona fide organization for at 198
264	264	least five years and which maintains a golf course of not less than 199
265	265	eighteen holes and a course length of at least fifty-five hundred yards, 200
266	266	and a club house with full facilities, including locker rooms, a restaurant 201
267	267	and a lounge, to serve only members and their guests, but no outside 202
268	268	parties or groups of nonmembers. The cost of such referendum shall be 203
269	269	borne by such golf club. 204
270	270	Sec. 10. Section 30-37f of the general statutes is repealed and the 205
271	271	following is substituted in lieu thereof (Effective July 1, 2020): 206
272	272	(a) Notwithstanding the provisions of any general statute or 207
273	273	regulation to the contrary, (1) the state of Connecticut, as owner or lessor 208
274	274	of premises at Bradley International Airport, shall be permitted to enter 209
275	275	into an arrangement with any concessionaire or lessee holding a permit 210
276	276	or permits at Bradley International Airport, and receive payments from 211
277	277	such concessionaire or lessee, without regard to the level or percentage 212
278	278	of gross receipts from the gross sales of alcoholic liquor by such 213
279	279	concessionaire or lessee; (2) any person may be a permittee for more 214
280	280	than one [airport permit or class of airport permit] cafe permit issued 215
281	281	pursuant to subsection (d) of section 30-22a; and (3) any area subject to 216
282	282	a permit in Bradley International Airport that is contiguous to or within 217
283	283	any concourse area shall not be required to provide a single point of 218
284	284	egress or ingress or to effectively separate the bar area or any dining 219
285	285	area from the concourse area by means of partitions, fences, or doors, 220
286	286	provided that a permittee of such area may be required by the 221
287	287	Department of Consumer Protection to provide a barrier to separate the 222
288	288	back bar area from the concourse area to prevent public access to the 223
289	289	portion of the back bar area from which liquor is dispensed, if physically 224
290	290	practicable. 225
291	291	(b) Sections 30-9 to 30-13a, inclusive, as amended by this act, section 226
292	292	30-23, subdivision (2) of subsection (b) of section 30-39, as amended by 227
293	293	Raised Bill No. 5173
294	294
295	295
296	296
297	297	LCO No. 1454 9 of 52
298	298
299	299	this act, subsection (c) of section 30-39, as amended by this act, and 228
300	300	sections 30-44, 30-46, as amended by this act, 30-48a, as amended by this 229
301	301	act, and 30-91a, as amended by this act, shall not apply to [any class of 230
302	302	airport permit] a cafe permit issued pursuant to subsection (d) of section 231
303	303	30-22a. 232
304	304	Sec. 11. Section 30-38 of the general statutes is repealed and the 233
305	305	following is substituted in lieu thereof (Effective July 1, 2020): 234
306	306	Each permit granted under the provisions of [section] sections 30-16, 235
307	307	30-17, as amended by this act, 30-20, [30-20a,] 30-21, 30-21b, 30-22, 30-236
308	308	22a, [30-23, 30-24a, 30-26, 30-28,] 30-28a, [30-29,] 30-33a [, 30-33b,] and 237
309	309	30-36, as amended by this act, [30-37c or 30-37e,] shall also, under the 238
310	310	regulations of the Department of Consumer Protection, allow the 239
311	311	storage, on the premises and at one other secure location registered with 240
312	312	and approved by the department, of sufficient quantities of alcoholic 241
313	313	liquor respectively allowed to be sold under such permits as may be 242
314	314	necessary for the business conducted by the respective permittees or 243
315	315	their backers; but no such permit shall be granted under the provisions 244
316	316	of section 30-16 or 30-17, as amended by this act, unless such storage 245
317	317	facilities are provided and the place of storage receives the approval of 246
318	318	the department as to suitability, and thereafter no place of storage shall 247
319	319	be changed nor any new place of storage utilized without the approval 248
320	320	of the department. 249
321	321	Sec. 12. Subsection (b) of section 30-39 of the general statutes is 250
322	322	repealed and the following is substituted in lieu thereof (Effective July 1, 251
323	323	2020): 252
324	324	(b) (1) Any person desiring a liquor permit or a renewal of such a 253
325	325	permit shall make a sworn application therefor to the Department of 254
326	326	Consumer Protection upon forms to be furnished by the department, 255
327	327	showing the name and address of the applicant and of the applicant's 256
328	328	backer, if any, the location of the club or place of business which is to be 257
329	329	operated under such permit and a financial statement setting forth all 258
330	330	Raised Bill No. 5173
331	331
332	332
333	333
334	334	LCO No. 1454 10 of 52
335	335
336	336	elements and details of any business transactions connected with the 259
337	337	application. Such application shall include a detailed description of the 260
338	338	type of live entertainment that is to be provided. A club or place of 261
339	339	business shall be exempt from providing such detailed description if the 262
340	340	club or place of business (A) was issued a liquor permit prior to October 263
341	341	1, 1993, and (B) has not altered the type of entertainment provided. The 264
342	342	application shall also indicate any crimes of which the applicant or the 265
343	343	applicant's backer may have been convicted. Applicants shall submit 266
344	344	documents sufficient to establish that state and local building, fire and 267
345	345	zoning requirements and local ordinances concerning hours and days 268
346	346	of sale will be met, except that local building and zoning requirements 269
347	347	and local ordinances concerning hours and days of sale shall not apply 270
348	348	to [any class of airport] a cafe permit issued pursuant to subsection (d) 271
349	349	of section 30-22a. The State Fire Marshal or the marshal's certified 272
350	350	designee shall be responsible for approving compliance with the State 273
351	351	Fire Code at Bradley International Airport. Any person desiring a 274
352	352	permit provided for in section 30-33b shall file a copy of such person's 275
353	353	license with such application if such license was issued by the 276
354	354	Department of Consumer Protection. The department may, at its 277
355	355	discretion, conduct an investigation to determine whether a permit shall 278
356	356	be issued to an applicant. 279
357	357	(2) The applicant shall pay to the department a nonrefundable 280
358	358	application fee, which fee shall be in addition to the fees prescribed in 281
359	359	this chapter for the permit sought. An application fee shall not be 282
360	360	charged for an application to renew a permit. The application fee shall 283
361	361	be in the amount of ten dollars for the filing of each application for a 284
362	362	permit by a charitable organization, including a nonprofit public 285
363	363	television corporation, a nonprofit golf tournament permit, a temporary 286
364	364	permit or a special club permit; and for all other permits in the amount 287
365	365	of one hundred dollars for the filing of an initial application. Any permit 288
366	366	issued shall be valid only for the purposes and activities described in 289
367	367	the application. 290
368	368	(3) The applicant, immediately after filing an application, shall give 291
369	369	Raised Bill No. 5173
370	370
371	371
372	372
373	373	LCO No. 1454 11 of 52
374	374
375	375	notice thereof, with the name and residence of the permittee, the type of 292
376	376	permit applied for and the location of the place of business for which 293
377	377	such permit is to be issued and the type of live entertainment to be 294
378	378	provided, all in a form prescribed by the department, by publishing the 295
379	379	same in a newspaper having a circulation in the town in which the place 296
380	380	of business to be operated under such permit is to be located, at least 297
381	381	once a week for two successive weeks, the first publication to be not 298
382	382	more than seven days after the filing date of the application and the last 299
383	383	publication not more than fourteen days after the filing date of the 300
384	384	application. The applicant shall affix, and maintain in a legible condition 301
385	385	upon the outer door of the building wherein such place of business is to 302
386	386	be located and clearly visible from the public highway, the placard 303
387	387	provided by the department, not later than the day following the receipt 304
388	388	of the placard by the applicant. If such outer door of such premises is so 305
389	389	far from the public highway that such placard is not clearly visible as 306
390	390	provided, the department shall direct a suitable method to notify the 307
391	391	public of such application. When an application is filed for any type of 308
392	392	permit for a building that has not been constructed, such applicant shall 309
393	393	erect and maintain in a legible condition a sign not less than six feet by 310
394	394	four feet upon the site where such place of business is to be located, 311
395	395	instead of such placard upon the outer door of the building. The sign 312
396	396	shall set forth the type of permit applied for and the name of the 313
397	397	proposed permittee, shall be clearly visible from the public highway and 314
398	398	shall be so erected not later than the day following the receipt of the 315
399	399	placard. Such applicant shall make a return to the department, under 316
400	400	oath, of compliance with the foregoing requirements, in such form as 317
401	401	the department may determine, but the department may require any 318
402	402	additional proof of such compliance. Upon receipt of evidence of such 319
403	403	compliance, the department may hold a hearing as to the suitability of 320
404	404	the proposed location. The provisions of this subdivision shall not apply 321
405	405	to applications for airline permits, charitable organization permits, 322
406	406	temporary permits, special club permits, concession permits, military 323
407	407	permits, [railroad permits, boat permits] cafe permits issued pursuant 324
408	408	to subsections (j) and (k) of section 30-22a, warehouse permits, brokers' 325
409	409	Raised Bill No. 5173
410	410
411	411
412	412
413	413	LCO No. 1454 12 of 52
414	414
415	415	permits, out-of-state shippers' permits for alcoholic liquor and out-of-326
416	416	state shippers' permits for beer, coliseum permits, coliseum concession 327
417	417	permits, special sporting facility restaurant permits, special sporting 328
418	418	facility employee recreational permits, special sporting facility guest 329
419	419	permits, special sporting facility concession permits, special sporting 330
420	420	facility bar permits, nonprofit golf tournament permits, nonprofit public 331
421	421	television permits and renewals. The provisions of this subdivision 332
422	422	regarding publication and placard display shall also be required of any 333
423	423	applicant who seeks to amend the type of entertainment either upon 334
424	424	filing of a renewal application or upon requesting permission of the 335
425	425	department in a form that requires the approval of the municipal zoning 336
426	426	official. 337
427	427	(4) In any case in which a permit has been issued to a partnership, if 338
428	428	one or more of the partners dies or retires, the remaining partner or 339
429	429	partners need not file a new application for the unexpired portion of the 340
430	430	current permit, and no additional fee for such unexpired portion shall 341
431	431	be required. Notice of any such change shall be given to the department 342
432	432	and the permit shall be endorsed to show correct ownership. When any 343
433	433	partnership changes by reason of the addition of one or more persons, a 344
434	434	new application with new fees shall be required. 345
435	435	Sec. 13. Section 30-45 of the general statutes is repealed and the 346
436	436	following is substituted in lieu thereof (Effective July 1, 2020): 347
437	437	The Department of Consumer Protection shall refuse permits for the 348
438	438	sale of alcoholic liquor to the following persons: (1) Any state marshal, 349
439	439	judicial marshal, judge of any court, prosecuting officer or member of 350
440	440	any police force, (2) a minor, and (3) any constable who performs 351
441	441	criminal law enforcement duties and is considered a peace officer by 352
442	442	town ordinance pursuant to the provisions of subsection (a) of section 353
443	443	54-1f, any constable who is certified under the provisions of sections 7-354
444	444	294a to 7-294e, inclusive, who performs criminal law enforcement duties 355
445	445	pursuant to the provisions of subsection (c) of section 54-1f, or any 356
446	446	special constable appointed pursuant to section 7-92. This section shall 357
447	447	Raised Bill No. 5173
448	448
449	449
450	450
451	451	LCO No. 1454 13 of 52
452	452
453	453	not apply to out-of-state shippers' permits, [boat] cafe permits issued 358
454	454	pursuant to subsection (j) of section 30-22a and airline permits. As used 359
455	455	in this section, "minor" means a minor, as defined in section 1-1d or as 360
456	456	defined in section 30-1, as amended by this act, whichever age is older. 361
457	457	Sec. 14. Section 30-46 of the general statutes is repealed and the 362
458	458	following is substituted in lieu thereof (Effective July 1, 2020): 363
459	459	(a) The Department of Consumer Protection may, except as to a store 364
460	460	engaged chiefly in the sale of groceries, in its discretion, suspend, revoke 365
461	461	or refuse to grant or renew a permit for the sale of alcoholic liquor if it 366
462	462	has reasonable cause to believe: (1) That the proximity of the permit 367
463	463	premises will have a detrimental effect upon any church, public or 368
464	464	parochial school, convent, charitable institution, whether supported by 369
465	465	private or public funds, hospital or veterans' home or any camp, 370
466	466	barracks or flying field of the armed forces; (2) that such location is in 371
467	467	such proximity to a no-permit town that it is apparent that the applicant 372
468	468	is seeking to obtain the patronage of such town; (3) that the number of 373
469	469	permit premises in the locality is such that the granting of a permit is 374
470	470	detrimental to the public interest, and, in reaching a conclusion in this 375
471	471	respect, the department may consider the character of, the population 376
472	472	of, the number of like permits and number of all permits existent in, the 377
473	473	particular town and the immediate neighborhood concerned, the effect 378
474	474	which a new permit may have on such town or neighborhood or on like 379
475	475	permits existent in such town or neighborhood; (4) that the place has 380
476	476	been conducted as a lewd or disorderly establishment; (5) that the 381
477	477	backer does not have a right to occupy the permit premises; (6) that 382
478	478	drive-up sales of alcoholic liquor are being made at the permit premises; 383
479	479	or (7) that there is any other reason as provided by state or federal law 384
480	480	or regulation which warrants such refusal. 385
481	481	(b) (1) The existence of a coliseum permit or a coliseum concession 386
482	482	permit shall not be a factor to be taken into consideration under 387
483	483	subdivision (3) of subsection (a) of this section. (2) The provisions of 388
484	484	subdivisions (1), (2) and (3) of subsection (a) of this section shall not 389
485	485	Raised Bill No. 5173
486	486
487	487
488	488
489	489	LCO No. 1454 14 of 52
490	490
491	491	apply to the granting of a coliseum permit or a coliseum concession 390
492	492	permit. (3) The provisions of subdivisions (1), (2), (3), (5) and (6) of 391
493	493	subsection (a) of this section shall not apply to the granting of any 392
494	494	special sporting facility permit provided for in section 30-33b. 393
495	495	[(c) Alcoholic liquor may be sold at retail for consumption within a 394
496	496	special sporting facility only under the permits provided for in section 395
497	497	30-33b. The number of permits of any class, the location where alcoholic 396
498	498	liquor is to be sold under any such permit, the number of locations to be 397
499	499	operated under a special sporting facility concession permit, and the 398
500	500	areas within such facility where alcoholic liquor may be consumed shall 399
501	501	be determined by the Department of Consumer Protection in its 400
502	502	discretion.] 401
503	503	Sec. 15. Section 30-46a of the general statutes is repealed and the 402
504	504	following is substituted in lieu thereof (Effective July 1, 2020): 403
505	505	The issuance of a coliseum permit [or a coliseum concession permit, 404
506	506	or both,] shall not prohibit the issuance of a restaurant permit permitted 405
507	507	under this chapter for a restaurant within a coliseum. 406
508	508	Sec. 16. Section 30-48 of the 2020 supplement to the general statutes, 407
509	509	as amended by section 16 of public act 19-24, is repealed and the 408
510	510	following is substituted in lieu thereof (Effective July 1, 2020): 409
511	511	(a) No backer or permittee of one permit class shall be a backer or 410
512	512	permittee of any other permit class except in the case of [any class of 411
513	513	airport, railroad, airline and boat permits,] cafe permits issued pursuant 412
514	514	to subsections (d), (j) and (k) of section 30-22a and except that: (1) A 413
515	515	backer of a hotel or restaurant permit may be a backer of both such 414
516	516	classes; (2) a holder or backer of a restaurant permit or a cafe permit 415
517	517	issued pursuant to subsection (a) of section 30-22a may be a holder or 416
518	518	backer of any other or all of such classes; (3) a holder or backer of a 417
519	519	restaurant permit may be a holder or backer of a [bowling 418
520	520	establishment] cafe permit issued pursuant to subsection (f) of section 419
521	521	30-22a; (4) a backer of a restaurant permit may be a backer of a coliseum 420
522	522	Raised Bill No. 5173
523	523
524	524
525	525
526	526	LCO No. 1454 15 of 52
527	527
528	528	permit [or a coliseum concession permit, or both,] when such restaurant 421
529	529	is within a coliseum; (5) a backer of a hotel permit may be a backer of a 422
530	530	coliseum permit; [or a coliseum concession permit, or both; (6) a backer 423
531	531	of a coliseum permit may be a backer of a coliseum concession permit; 424
532	532	(7) a backer of a coliseum concession permit may be a backer of a 425
533	533	coliseum permit; (8)] (6) a backer of a grocery store beer permit may be 426
534	534	a backer of a package store permit if such was the case on or before May 427
535	535	1, 1996; [(9)] (7) a backer of a [university] cafe permit issued pursuant to 428
536	536	subsection (m) of section 30-22a may be a backer of a nonprofit theater 429
537	537	permit; [(10)] (8) a backer of a nonprofit theater permit may be a holder 430
538	538	or backer of a hotel permit; [(11) a holder or backer of a restaurant permit 431
539	539	may be a holder or backer of a special outing facility permit; (12)] (9) a 432
540	540	backer of a concession permit may be a backer of a coliseum permit; [or 433
541	541	a coliseum concession permit, or both; (13)] (10) a holder of an out-of-434
542	542	state winery shipper's permit for wine may be a holder of an in-state 435
543	543	transporter's permit or an out-of-state entity wine festival permit issued 436
544	544	pursuant to section 30-37m, or of both such permits; [(14)] (11) a holder 437
545	545	of an out-of-state shipper's permit for alcoholic liquor other than beer 438
546	546	may be a holder of an in-state transporter's permit; [(15)] (12) a holder 439
547	547	of a manufacturer permit for a farm winery or the holder of a 440
548	548	manufacturer permit for wine, cider and mead may be a holder of an in-441
549	549	state transporter's permit, a wine festival permit issued pursuant to 442
550	550	section 30-37l, a farmers' market sales permit issued pursuant to 443
551	551	subsection (a) of section 30-37o, an off-site farm winery sales and tasting 444
552	552	permit issued pursuant to section 30-16a or of any combination of such 445
553	553	permits; [(16)] (13) a holder of a manufacturer permit for beer may be a 446
554	554	holder of a farmers' market sales permit issued pursuant to section 30-447
555	555	37o; [. Any person may be a permittee of more than one permit; and (17)] 448
556	556	and (14) the holder of a manufacturer permit for spirits, a manufacturer 449
557	557	permit for beer, a manufacturer permit for a farm winery or a 450
558	558	manufacturer permit for wine, cider and mead may be a holder of a 451
559	559	Connecticut craft cafe permit, a restaurant permit or a restaurant permit 452
560	560	for wine and beer. Any person may be a permittee of more than one 453
561	561	permit. No holder of a manufacturer permit for a brew pub and no 454
562	562	Raised Bill No. 5173
563	563
564	564
565	565
566	566	LCO No. 1454 16 of 52
567	567
568	568	spouse or child of such holder may be a holder or backer of more than 455
569	569	three restaurant permits or cafe permits. 456
570	570	(b) No permittee or backer thereof and no employee or agent of such 457
571	571	permittee or backer shall borrow money or receive credit in any form 458
572	572	for a period in excess of thirty days, directly or indirectly, from any 459
573	573	manufacturer permittee, or backer thereof, or from any wholesaler 460
574	574	permittee, or backer thereof, of alcoholic liquor or from any member of 461
575	575	the family of such manufacturer permittee or backer thereof or from any 462
576	576	stockholder in a corporation manufacturing or wholesaling such liquor, 463
577	577	and no manufacturer permittee or backer thereof or wholesaler 464
578	578	permittee or backer thereof or member of the family of either of such 465
579	579	permittees or of any such backer, and no stockholder of a corporation 466
580	580	manufacturing or wholesaling such liquor shall lend money or 467
581	581	otherwise extend credit, directly or indirectly, to any such permittee or 468
582	582	backer thereof or to the employee or agent of any such permittee or 469
583	583	backer. A wholesaler permittee or backer, or a manufacturer permittee 470
584	584	or backer, that has not received payment in full from a retailer permittee 471
585	585	or backer within thirty days after the date such credit was extended to 472
586	586	such retailer or backer or to an employee or agent of any such retailer or 473
587	587	backer, shall give a written notice of obligation to such retailer within 474
588	588	the five days following the expiration of the thirty-day period of credit. 475
589	589	The notice of obligation shall state: The amount due; the date credit was 476
590	590	extended; the date the thirty-day period ended, and that the retailer is 477
591	591	in violation of this section. A retailer who disputes the accuracy of the 478
592	592	"notice of obligation" shall, within the ten days following the expiration 479
593	593	of the thirty-day period of credit, give a written response to notice of 480
594	594	obligation to the department and give a copy to the wholesaler or 481
595	595	manufacturer who sent the notice. The response shall state the retailer's 482
596	596	basis for dispute and the amount, if any, admitted to be owed for more 483
597	597	than thirty days; the copy forwarded to the wholesaler or manufacturer 484
598	598	shall be accompanied by the amount admitted to be due, if any, and 485
599	599	such payment shall be made and received without prejudice to the 486
600	600	rights of either party in any civil action. Upon receipt of the retailer's 487
601	601	Raised Bill No. 5173
602	602
603	603
604	604
605	605	LCO No. 1454 17 of 52
606	606
607	607	response, the chairman of the commission or such chairman's designee 488
608	608	shall conduct an informal hearing with the parties being given equal 489
609	609	opportunity to appear and be heard. If the chairman or such chairman's 490
610	610	designee determines that the notice of obligation is accurate, the 491
611	611	department shall forthwith issue an order directing the wholesaler or 492
612	612	manufacturer to promptly give all manufacturers and wholesalers 493
613	613	engaged in the business of selling alcoholic liquor to retailers in this 494
614	614	state, a "notice of delinquency". The notice of delinquency shall identify 495
615	615	the delinquent retailer, and state the amount due and the date of the 496
616	616	expiration of the thirty-day credit period. No wholesaler or 497
617	617	manufacturer receiving a notice of delinquency shall extend credit by 498
618	618	the sale of alcoholic liquor or otherwise to such delinquent retailer until 499
619	619	after the manufacturer or wholesaler has received a "notice of 500
620	620	satisfaction" from the sender of the notice of delinquency. If the 501
621	621	chairman or such chairman's designee determines that the notice of 502
622	622	obligation is inaccurate, the department shall forthwith issue an order 503
623	623	prohibiting a notice of delinquency. The party for whom the 504
624	624	determination by the chairman or such chairman's designee was 505
625	625	adverse, shall promptly pay to the department a part of the cost of the 506
626	626	proceedings as determined by the chairman or such chairman's 507
627	627	designee, which shall not be less than fifty dollars. The department may 508
628	628	suspend or revoke the permit of any permittee who, in bad faith, gives 509
629	629	an incorrect notice of obligation, an incorrect response to notice of 510
630	630	obligation, or an unauthorized notice of delinquency. If the department 511
631	631	does not receive a response to the notice of obligation within such ten-512
632	632	day period, the delinquency shall be deemed to be admitted and the 513
633	633	wholesaler or manufacturer who sent the notice of obligation shall, 514
634	634	within the three days following the expiration of such ten-day period, 515
635	635	give a notice of delinquency to the department and to all wholesalers 516
636	636	and manufacturers engaged in the business of selling alcoholic liquor to 517
637	637	retailers in this state. A notice of delinquency identifying a retailer who 518
638	638	does not file a response within such ten-day period shall have the same 519
639	639	effect as a notice of delinquency given by order of the chairman or such 520
640	640	chairman's designee. A wholesaler permittee or manufacturer permittee 521
641	641	Raised Bill No. 5173
642	642
643	643
644	644
645	645	LCO No. 1454 18 of 52
646	646
647	647	that has given a notice of delinquency and that receives full payment for 522
648	648	the credit extended, shall, within three days after the date of full 523
649	649	payment, give a notice of satisfaction to the department and to all 524
650	650	wholesalers and manufacturers to whom a notice of delinquency was 525
651	651	sent. The prohibition against extension of credit to such retailer shall be 526
652	652	void upon such full payment. The department may revoke or suspend 527
653	653	any permit for a violation of this section. An appeal from an order of 528
654	654	revocation or suspension issued in accordance with this section may be 529
655	655	taken in accordance with section 30-60. 530
656	656	(c) If there is a proposed change or change in ownership of a retail 531
657	657	permit premises, no application for a permit shall be approved until the 532
658	658	applicant files with the department an affidavit executed by the seller of 533
659	659	the retail permit premises stating that all obligations of the predecessor 534
660	660	permittee for the purchase of alcoholic liquor at such permit premises 535
661	661	have been paid or that such applicant did not receive direct or indirect 536
662	662	consideration from the predecessor permittee. [If a wholesaler permittee 537
663	663	alleges the applicant received direct or indirect consideration from the 538
664	664	predecessor permittee or that there remain outstanding liquor 539
665	665	obligations, such wholesaler permittee may file with the department an 540
666	666	affidavit, along with supporting documentation to establish receipt of 541
667	667	such consideration or outstanding liquor obligations. The 542
668	668	Commissioner of Consumer Protection, in the commissioner's sole 543
669	669	discretion, shall determine whether a hearing is warranted on such 544
670	670	allegations.] The commissioner may waive the requirement of such 545
671	671	seller's affidavit upon finding that (1) the predecessor permittee 546
672	672	abandoned the premises prior to the filing of the application, and (2) 547
673	673	such permittee did not receive any consideration, direct or indirect, for 548
674	674	such permittee's abandonment. For the purposes of this subsection, 549
675	675	"consideration" means the receipt of legal tender or goods or services for 550
676	676	the purchase of alcoholic liquor remaining on the premises of the 551
677	677	predecessor permittee, for which bills remain unpaid. 552
678	678	(d) A permittee may file a designation of an authorized agent with 553
679	679	the department to issue or receive all notices or documents provided for 554
680	680	Raised Bill No. 5173
681	681
682	682
683	683
684	684	LCO No. 1454 19 of 52
685	685
686	686	in this section. The permittee shall be responsible for the issuance or 555
687	687	receipt of such notices or documents by the agent. 556
688	688	(e) The period of credit permitted under this section shall be 557
689	689	calculated as the time elapsing between the date of receipt of the 558
690	690	alcoholic liquors by the purchaser and the date of full legal discharge of 559
691	691	the purchaser through the payment of cash or its equivalent from all 560
692	692	indebtedness arising from the transaction except that, if the last day for 561
693	693	payment falls on a Saturday, Sunday or legal holiday, the last day for 562
694	694	payment shall then be the next business day. 563
695	695	Sec. 17. Subsection (c) of section 30-48a of the general statutes is 564
696	696	repealed and the following is substituted in lieu thereof (Effective July 1, 565
697	697	2020): 566
698	698	(c) Membership in any organization which is or may become the 567
699	699	holder of a [club] cafe permit issued pursuant to subsection (h) of section 568
700	700	30-22a shall not constitute acquisition of an interest in a retail permit. 569
701	701	Sec. 18. Section 30-51 of the general statutes is repealed and the 570
702	702	following is substituted in lieu thereof (Effective July 1, 2020): 571
703	703	(a) No permit may be issued for the sale of alcoholic liquor in any 572
704	704	building, a portion of which will not be used as the permit premises, 573
705	705	unless the application therefor is accompanied by an affidavit signed 574
706	706	and sworn to by the applicant, stating that access from the portion of the 575
707	707	building that will not be used as the permit premises to the portion of 576
708	708	the building that will be used as the permit premises is effectually 577
709	709	closed, unless the Department of Consumer Protection endorses upon 578
710	710	such application that it has dispensed with such affidavit for reasons 579
711	711	considered by it good and satisfactory and also endorses thereon such 580
712	712	reasons. If any way of access from the other portion of such building to 581
713	713	the portion used as the permit premises is opened, after such permit is 582
714	714	issued, without the consent of the Department of Consumer Protection 583
715	715	endorsed on such permit, such permit shall thereupon become and be 584
716	716	forfeited, with or without notice from the Department of Consumer 585
717	717	Raised Bill No. 5173
718	718
719	719
720	720
721	721	LCO No. 1454 20 of 52
722	722
723	723	Protection, and shall be null and void. If such applicant or any permittee 586
724	724	or any backer thereof opens, causes to be opened, permits to be opened 587
725	725	or allows to remain open, at any time during the term for which such 588
726	726	permit is issued, any way of access from any portion of a building not 589
727	727	part of the permit premises to any other portion of such building that is 590
728	728	the permit premises, without the written consent of the Department of 591
729	729	Consumer Protection endorsed on such permit, such persons or backers 592
730	730	shall be subject to the penalties provided in section 30-113, as amended 593
731	731	by this act. The Department of Consumer Protection shall require every 594
732	732	applicant for a permit to sell alcoholic liquor to state under oath whether 595
733	733	any portion of the building in which it is proposed to carry on such 596
734	734	business will not be used as the permit premises; and, if so, said 597
735	735	Department of Consumer Protection shall appoint a suitable person to 598
736	736	examine the premises and to see that any and all access between the 599
737	737	portion so to be used for the sale of alcoholic liquor and the portion not 600
738	738	so used is effectually closed, and may designate the manner of such 601
739	739	closing, and, if necessary, order seals to be placed so that such way of 602
740	740	access cannot be opened without breaking the seals, and the breaking or 603
741	741	removal of such seals or other methods of preventing access, so ordered 604
742	742	and provided, shall be prima facie evidence of a violation of this section. 605
743	743	The above provisions shall not apply to any premises operating under a 606
744	744	hotel permit. [, or any premises operating under a restaurant permit, 607
745	745	which premises are located in or attached to a motel, and shall not apply 608
746	746	to any entrance to a building in which is located premises operating 609
747	747	under a tavern permit, which entrance opens into the rear or side yard 610
748	748	of such tavern premises and is used solely as an emergency exit or for 611
749	749	the delivery of goods to, or carrying or conveying goods from, any 612
750	750	permit premises.] 613
751	751	(b) "Motel" means every building or other structure kept, used, 614
752	752	maintained, advertised or held out to the public to be a place where 615
753	753	sleeping accommodations are offered for pay to transient guests, 616
754	754	usually, but not limited to, motorists, but is not a place where food is 617
755	755	served at all times or where kitchen and dining room facilities 618
756	756	Raised Bill No. 5173
757	757
758	758
759	759
760	760	LCO No. 1454 21 of 52
761	761
762	762	necessarily exist. 619
763	763	Sec. 19. Section 30-53 of the general statutes is repealed and the 620
764	764	following is substituted in lieu thereof (Effective July 1, 2020): 621
765	765	Each permit granted or renewed by the Department of Consumer 622
766	766	Protection shall be of no effect until a duplicate thereof has been filed by 623
767	767	the permittee with the town clerk of the town within which the club or 624
768	768	place of business described in such permit is situated; provided the 625
769	769	place of filing of [railroad and boat permits] a cafe permit issued 626
770	770	pursuant to subsection (j) or (k) of section 30-22a shall be the office of 627
771	771	the town clerk of the town of New Haven, and airline permits, the office 628
772	772	of the town clerk of the town of Hartford. The fee for such filing shall be 629
773	773	twenty dollars. 630
774	774	Sec. 20. Section 30-54 of the general statutes is repealed and the 631
775	775	following is substituted in lieu thereof (Effective July 1, 2020): 632
776	776	Every permittee, other than a corporation holding a [railroad or 633
777	777	airline permit] cafe permit issued pursuant to subsection (k) of section 634
778	778	30-22, shall cause his permit or a duplicate thereof to be framed and 635
779	779	hung in plain view in a conspicuous place in any room where the sales 636
780	780	so permitted are to be carried on. 637
781	781	Sec. 21. Subsection (b) of section 30-68l of the 2020 supplement to the 638
782	782	general statutes is repealed and the following is substituted in lieu 639
783	783	thereof (Effective July 1, 2020): 640
784	784	(b) Subject to prior approval from the manufacturer or out-of-state 641
785	785	shipper, a wholesaler may sell to a retail licensee a [nonuniform] family 642
786	786	brand case, containing bottles only of one family brand, as defined in 643
787	787	subsection (d) of section 30-63. Wholesalers who do not hold exclusive 644
788	788	rights to a given brand trademark may also sell to a retail licensee a 645
789	789	[nonuniform] family brand case containing bottles only of one family 646
790	790	brand, provided all of the bottles in such [nonuniform] family brand 647
791	791	case are available to all nonexclusive wholesalers who also have rights 648
792	792	Raised Bill No. 5173
793	793
794	794
795	795
796	796	LCO No. 1454 22 of 52
797	797
798	798	to the given brand trademarks. [For purposes of this subsection, "family 649
799	799	brand" means a group of different products belonging to a single brand 650
800	800	that are marketed under a parent brand.] 651
801	801	Sec. 22. Section 30-81 of the general statutes is repealed and the 652
802	802	following is substituted in lieu thereof (Effective July 1, 2020): 653
803	803	No person who is, by statute or regulation, declared to be an 654
804	804	unsuitable person to hold a permit to sell alcoholic liquor shall be 655
805	805	allowed to have a financial interest in any such permit business. Except 656
806	806	as provided in section 30-90a, no minor shall be employed in any 657
807	807	premises operating under a [tavern] cafe permit in any capacity or in 658
808	808	handling any alcoholic liquor upon, in delivering any alcoholic liquor 659
809	809	to, or in carrying or conveying any alcoholic liquor from, any permit 660
810	810	premises. 661
811	811	Sec. 23. Section 30-90 of the general statutes is repealed and the 662
812	812	following is substituted in lieu thereof (Effective July 1, 2020): 663
813	813	Any permittee who, by himself, his servant or agent, permits any 664
814	814	minor or any person to whom the sale or gift of alcoholic liquor has been 665
815	815	forbidden according to law to loiter on his premises where such liquor 666
816	816	is kept for sale, or allows any minor other than a person over age 667
817	817	eighteen who is an employee or permit holder under section 30-90a or a 668
818	818	minor accompanied by his parent or guardian, to be in any room where 669
819	819	alcoholic liquor is served at any bar, shall be subject to the penalties of 670
820	820	section 30-113, as amended by this act. For barrooms consisting of only 671
821	821	one room and for premises without effective separation between a 672
822	822	barroom and a dining room, no minor may sit or stand at a consumer 673
823	823	bar without being accompanied by a parent, guardian or spouse. 674
824	824	Sec. 24. Section 30-91 of the 2020 supplement to the general statutes, 675
825	825	as amended by section 17 of public act 19-24, is repealed and the 676
826	826	following is substituted in lieu thereof (Effective July 1, 2020): 677
827	827	(a) The sale or the dispensing or consumption or the presence in 678
828	828	Raised Bill No. 5173
829	829
830	830
831	831
832	832	LCO No. 1454 23 of 52
833	833
834	834	glasses or other receptacles suitable to permit the consumption of 679
835	835	alcoholic liquor by an individual in places operating under hotel 680
836	836	permits, restaurant permits, cafe permits, Connecticut craft cafe permits, 681
837	837	restaurant permits for catering establishments, [bowling establishment 682
838	838	permits, racquetball facility permits, club permits,] coliseum permits, 683
839	839	[coliseum concession permits, special sporting facility restaurant 684
840	840	permits, special sporting facility employee recreational permits, special 685
841	841	sporting facility guest permits, special sporting facility concession 686
842	842	permits, special sporting facility bar permits, golf country club permits,] 687
843	843	nonprofit public museum permits, [university permits, airport 688
844	844	restaurant permits, airport bar permits, airport airline club permits, 689
845	845	tavern permits,] manufacturer permits for beer, casino permits, caterer 690
846	846	liquor permits and charitable organization permits shall be unlawful on: 691
847	847	(1) Monday, Tuesday, Wednesday, Thursday and Friday between the 692
848	848	hours of one o'clock a.m. and nine o'clock a.m.; (2) Saturday between the 693
849	849	hours of two o'clock a.m. and nine o'clock a.m.; (3) Sunday between the 694
850	850	hours of two o'clock a.m. and ten o'clock a.m.; (4) Christmas, except (A) 695
851	851	for alcoholic liquor that is served where food is also available during the 696
852	852	hours otherwise permitted by this section for the day on which 697
853	853	Christmas falls, and (B) by casino permittees at casinos, as defined in 698
854	854	section 30-37k; and (5) January first between the hours of three o'clock 699
855	855	a.m. and nine o'clock a.m., except that on any Sunday that is January 700
856	856	first the prohibitions of this section shall be between the hours of three 701
857	857	o'clock a.m. and ten o'clock a.m. 702
858	858	(b) Any town may, by vote of a town meeting or by ordinance, reduce 703
859	859	the number of hours during which sales under subsection (a) of this 704
860	860	section, except sales pursuant to [an airport restaurant permit, airport 705
861	861	bar permit or airport airline club permit] a cafe permit issued pursuant 706
862	862	to subsection (d) of section 30-22a, shall be permissible. In all cases when 707
863	863	a town, either by vote of a town meeting or by ordinance, has acted on 708
864	864	the sale of alcoholic liquor or the reduction of the number of hours when 709
865	865	such sale is permissible, such action shall become effective on the first 710
866	866	day of the month succeeding such action and no further action shall be 711
867	867	Raised Bill No. 5173
868	868
869	869
870	870
871	871	LCO No. 1454 24 of 52
872	872
873	873	taken until at least one year has elapsed since the previous action was 712
874	874	taken. 713
875	875	(c) Notwithstanding any provisions of subsections (a) and (b) of this 714
876	876	section, such sale or dispensing or consumption or presence in glasses 715
877	877	in places operating under a [bowling establishment] cafe permit issued 716
878	878	pursuant to subsection (f) of section 30-22a shall be unlawful before 717
879	879	eleven a.m. on any day, except in that portion of the permit premises 718
880	880	which is located in a separate room or rooms entry to which, from the 719
881	881	bowling lane area of the establishment, is by means of a door or doors 720
882	882	which shall remain closed at all times except to permit entrance and 721
883	883	egress to and from the lane area. Any alcoholic liquor sold or dispensed 722
884	884	in a place operating under a [bowling establishment] cafe permit issued 723
885	885	pursuant to subsection (f) of section 30-22a shall be served in containers 724
886	886	such as, but not limited to, plastic or glass. Any town may, by vote of a 725
887	887	town meeting or by ordinance, reduce the number of hours during 726
888	888	which sales under this subsection shall be permissible. 727
889	889	(d) The sale or dispensing of alcoholic liquor for off-premises 728
890	890	consumption in places operating under package store permits, drug 729
891	891	store permits, manufacturer permits for beer or grocery store beer 730
892	892	permits shall be unlawful on Thanksgiving Day, New Year's Day and 731
893	893	Christmas; and such sale or dispensing of alcoholic liquor for off-732
894	894	premises consumption in places operating under package store permits, 733
895	895	drug store permits, manufacturer permits for beer and grocery store 734
896	896	beer permits shall be unlawful on Sunday before ten o'clock a.m. and 735
897	897	after six o'clock p.m. and on any other day before eight o'clock a.m. and 736
898	898	after ten o'clock p.m. Any town may, by a vote of a town meeting or by 737
899	899	ordinance, reduce the number of hours during which such sale shall be 738
900	900	permissible. 739
901	901	(e) (1) In the case of any premises operating under a [tavern] cafe 740
902	902	permit, wherein, under the provisions of this section, the sale of 741
903	903	alcoholic liquor is forbidden on certain days or hours of the day, or 742
904	904	during the period when a [tavern] cafe permit is suspended, it shall 743
905	905	Raised Bill No. 5173
906	906
907	907
908	908
909	909	LCO No. 1454 25 of 52
910	910
911	911	likewise be unlawful to keep such premises open to, or permit it to be 744
912	912	occupied by, the public on such days or hours. 745
913	913	(2) In the case of any premises operating under a cafe permit, it shall 746
914	914	be unlawful to keep such premises open to, or permit such premises to 747
915	915	be occupied by, the public between the hours of one o'clock a.m. and six 748
916	916	o'clock a.m. on Monday, Tuesday, Wednesday, Thursday and Friday 749
917	917	and between the hours of two o'clock a.m. and six o'clock a.m. on 750
918	918	Saturday and Sunday or during any period of time when such permit is 751
919	919	suspended, provided the sale or the dispensing or consumption of 752
920	920	alcohol on such premises operating under such cafe permit shall be 753
921	921	prohibited beyond the hours authorized for the sale or dispensing or 754
922	922	consumption of alcohol for such premises under this section. 755
923	923	(3) Notwithstanding any provision of this chapter, in the case of any 756
924	924	premises operating under a tavern or cafe permit, it shall be lawful for 757
925	925	such premises to be open to, or be occupied by, the public when such 758
926	926	premises is being used as a site for film, television, video or digital 759
927	927	production eligible for a film production tax credit pursuant to section 760
928	928	12-217jj, provided the sale or the dispensing or consumption of alcohol 761
929	929	on such premises operating under such tavern or cafe permit shall be 762
930	930	prohibited beyond the hours authorized for the sale or the dispensing 763
931	931	or consumption of alcohol for such premises under this section. 764
932	932	(f) The retail sale and the tasting of free samples of wine, cider not 765
933	933	exceeding six per cent alcohol by volume, apple wine not exceeding 766
934	934	fifteen per cent alcohol by volume, apple brandy, eau-de-vie and mead 767
935	935	by visitors and prospective retail customers of a permittee holding a 768
936	936	manufacturer permit for a farm winery or a manufacturer permit for 769
937	937	wine, cider and mead on the premises of such permittee shall be 770
938	938	unlawful on Sunday before ten o'clock a.m. and after ten o'clock p.m. 771
939	939	and on any other day before eight o'clock a.m. and after ten o'clock p.m. 772
940	940	Any town may, by vote of a town meeting or by ordinance, reduce the 773
941	941	number of hours during which sales and the tasting of free samples of 774
942	942	products under this subsection shall be permissible. 775
943	943	Raised Bill No. 5173
944	944
945	945
946	946
947	947	LCO No. 1454 26 of 52
948	948
949	949	(g) Notwithstanding any provision of subsection (a) of this section, 776
950	950	food or nonalcoholic beverages may be sold, dispensed or consumed in 777
951	951	places operating under [an airport restaurant permit, an airport bar 778
952	952	permit or an airport airline club] a cafe permit issued pursuant to 779
953	953	subsection (d) of section 30-22a, at any time, as allowed by agreement 780
954	954	between the Connecticut Airport Authority and its lessees or 781
955	955	concessionaires. [In the case of premises operating under an airport 782
956	956	airline club permit, the sale, dispensing or consumption or the presence 783
957	957	in glasses or other receptacles suitable to permit the consumption of 784
958	958	alcoholic liquor by an individual shall be unlawful on: (1) Monday, 785
959	959	Tuesday, Wednesday, Thursday and Friday between the hours of one 786
960	960	o'clock a.m. and six o'clock a.m., (2) Saturday and Sunday between the 787
961	961	hours of two o'clock a.m. and six o'clock a.m., (3) Christmas, except for 788
962	962	alcoholic liquor that is served where food is also available during the 789
963	963	hours otherwise permitted by this section for the day on which 790
964	964	Christmas falls, and (4) January first between the hours of three o'clock 791
965	965	a.m. and six o'clock a.m.] 792
966	966	(h) The sale or the dispensing or consumption or the presence in 793
967	967	glasses or other receptacles suitable to permit the consumption of 794
968	968	alcoholic liquor by an individual in places operating under a nonprofit 795
969	969	golf tournament permit shall be unlawful on any day prior to nine 796
970	970	o'clock a.m. and after ten o'clock p.m. 797
971	971	(i) Nothing in this section shall be construed to require any permittee 798
972	972	to continue the sale or dispensing of alcoholic liquor until the closing 799
973	973	hour established under this section. 800
974	974	(j) The retail sale of wine and the tasting of free samples of wine by 801
975	975	visitors and prospective retail customers of a permittee holding a wine 802
976	976	festival permit or an out-of-state entity wine festival permit issued 803
977	977	pursuant to section 30-37l or 30-37m shall be unlawful on Sunday before 804
978	978	eleven o'clock a.m. and after eight o'clock p.m., and on any other day 805
979	979	before ten o'clock a.m. and after eight o'clock p.m. Any town may, by 806
980	980	vote of a town meeting or by ordinance, reduce the number of hours 807
981	981	Raised Bill No. 5173
982	982
983	983
984	984
985	985	LCO No. 1454 27 of 52
986	986
987	987	during which the retail sale of wine and the tasting of free samples of 808
988	988	wine pursuant to this subsection shall be permissible. 809
989	989	(k) The sale of products at a farmers' market by a permittee holding 810
990	990	a farmers' market sales permit pursuant to subsection (a) of section 30-811
991	991	37o shall be unlawful on any day before eight o'clock a.m. and after ten 812
992	992	o'clock p.m., provided such permittee shall not sell such products at a 813
993	993	farmers' market at any time during such hours that the farmers' market 814
994	994	is not open to the public. Any town may, by vote of a town meeting or 815
995	995	by ordinance, reduce the number of hours during which sales of 816
996	996	products under this subsection shall be permissible. 817
997	997	(l) Notwithstanding any provision of subsection (a) of this section, it 818
998	998	shall be lawful for casino permittees at casinos, as defined in section 30-819
999	999	37k, to allow the presence of alcoholic liquor in glasses or other 820
1000	1000	receptacles suitable to permit the consumption thereof by an individual 821
1001	1001	at any time on its gaming facility, as defined in subsection (a) of section 822
1002	1002	30-37k, provided such alcoholic liquor shall not be served to a patron of 823
1003	1003	such casino during the hours specified in subsection (a) of this section. 824
1004	1004	For purposes of this section, "receptacles suitable to permit the 825
1005	1005	consumption of alcoholic liquor" shall not include bottles of distilled 826
1006	1006	spirits or bottles of wine. 827
1007	1007	Sec. 25. Section 30-91a of the general statutes is repealed and the 828
1008	1008	following is substituted in lieu thereof (Effective July 1, 2020): 829
1009	1009	(a) In all cases where a town, either by vote of a town meeting or by 830
1010	1010	ordinance, had, prior to April 30, 1971, authorized the sale of alcoholic 831
1011	1011	liquor on Sunday between the hours of twelve o'clock noon and nine 832
1012	1012	o'clock in the evening, such sale shall be authorized until the time 833
1013	1013	specified in section 30-91, as amended by this act, unless an earlier 834
1014	1014	closing hour is established by town meeting or ordinance after April 30, 835
1015	1015	1971. 836
1016	1016	(b) Nothing in section 30-91, as amended by this act, shall be 837
1017	1017	construed to supersede any action taken by a town prior to May 25, 1971, 838
1018	1018	Raised Bill No. 5173
1019	1019
1020	1020
1021	1021
1022	1022	LCO No. 1454 28 of 52
1023	1023
1024	1024	to prohibit the sale of alcoholic liquor in such town from midnight on 839
1025	1025	Saturday until one a.m. on Sunday and such action shall be construed 840
1026	1026	to prohibit such sale from midnight on Saturday until two a.m. on 841
1027	1027	Sunday in such town. 842
1028	1028	[(c) In all towns in which the sale of alcoholic liquor on Sunday 843
1029	1029	between the hours of twelve o'clock noon and the time specified in 844
1030	1030	section 30-91 is permitted, prior to June 5, 1975, in a place operating 845
1031	1031	under a hotel permit, a restaurant permit or a cafe permit, such sale shall 846
1032	1032	be authorized on Sunday between such hours in a place operating under 847
1033	1033	a tavern permit unless such sale is prohibited by town meeting or 848
1034	1034	ordinance after June 5, 1975.] 849
1035	1035	[(d)] (c) In all towns that have authorized the sale of alcoholic liquor 850
1036	1036	on Sunday commencing at twelve o'clock noon, either by vote of a town 851
1037	1037	meeting or by ordinance, such sale shall be permitted commencing at 852
1038	1038	eleven o'clock a.m. in places operating under permits listed in 853
1039	1039	subsection (a) of section 30-91, as amended by this act, unless a later 854
1040	1040	opening hour is established by vote of a town meeting or by ordinance 855
1041	1041	after July 1, 1981. 856
1042	1042	Sec. 26. Section 30-7 of the general statutes is repealed and the 857
1043	1043	following is substituted in lieu thereof (Effective July 1, 2020): 858
1044	1044	Every regulation made by the Department of Consumer Protection 859
1045	1045	under the authority of this chapter shall be furnished to each permittee 860
1046	1046	upon request. The department shall biennially, on or before July first in 861
1047	1047	the odd-numbered years, [either (1) publish in convenient pamphlet 862
1048	1048	form all regulations then in force and shall furnish upon request copies 863
1049	1049	of such pamphlets to every permittee authorized under the provisions 864
1050	1050	of this chapter to manufacture or sell alcoholic liquor and to such other 865
1051	1051	persons as desire such pamphlets, or (2)] post such regulations on the 866
1052	1052	department's Internet web site. 867
1053	1053	Sec. 27. Section 30-8 of the general statutes is repealed and the 868
1054	1054	following is substituted in lieu thereof (Effective July 1, 2020): 869
1055	1055	Raised Bill No. 5173
1056	1056
1057	1057
1058	1058
1059	1059	LCO No. 1454 29 of 52
1060	1060
1061	1061	The Department of Consumer Protection and any agent thereof 870
1062	1062	authorized to conduct any inquiry, investigation or hearing under the 871
1063	1063	provisions of this chapter shall have power to administer oaths and take 872
1064	1064	testimony under oath relative to the matter of inquiry or investigation. 873
1065	1065	The Commissioner of Consumer Protection may withhold from 874
1066	1066	disclosure any complaints or inspections that result in an investigation 875
1067	1067	conducted by the department under this chapter, or any other 876
1068	1068	information obtained by the department during the course of an 877
1069	1069	investigation conducted by the department under this chapter, until the 878
1070	1070	earlier of (1) the date when the investigation is completed, (2) [six] 879
1071	1071	eighteen months after the date when the complaint resulting in the 880
1072	1072	investigation was filed, or (3) [six] eighteen months after the 881
1073	1073	investigation was commenced. At any hearing ordered by the 882
1074	1074	department, the department or such agent having authority by law to 883
1075	1075	issue such process may subpoena witnesses and require the production 884
1076	1076	of records, papers and documents pertinent to such inquiry. No witness 885
1077	1077	under subpoena authorized to be issued by the provisions of this section 886
1078	1078	shall be excused from testifying or from producing records, papers or 887
1079	1079	documents on the ground that such testimony or the production of such 888
1080	1080	records or other documentary evidence would tend to incriminate him, 889
1081	1081	but such evidence or the records or papers so produced and any 890
1082	1082	information directly or indirectly derived from such evidence, records 891
1083	1083	or papers shall not be used in any criminal proceeding against him. If 892
1084	1084	any person disobeys such process or, having appeared in obedience 893
1085	1085	thereto, refuses to answer any pertinent question put to him by the 894
1086	1086	department or its authorized agent or to produce any records and 895
1087	1087	papers pursuant thereto, the department or its agent may apply to the 896
1088	1088	superior court for the judicial district of Hartford or for the judicial 897
1089	1089	district wherein the person resides or wherein the business has been 898
1090	1090	conducted, setting forth such disobedience to process or refusal to 899
1091	1091	answer, and the court shall cite such person to appear before the court 900
1092	1092	to answer such question or to produce such records and papers and, 901
1093	1093	upon his refusal so to do, shall commit such person to a community 902
1094	1094	correctional center until he testifies, but not for a longer period than 903
1095	1095	Raised Bill No. 5173
1096	1096
1097	1097
1098	1098
1099	1099	LCO No. 1454 30 of 52
1100	1100
1101	1101	sixty days. Notwithstanding the serving of the term of such 904
1102	1102	commitment by any person, the department may proceed with such 905
1103	1103	inquiry and examination as if the witness had not previously been called 906
1104	1104	upon to testify. Officers who serve subpoenas issued by the department 907
1105	1105	or under its authority and witnesses attending hearings conducted by it 908
1106	1106	under this section shall receive like fees and compensation as officers 909
1107	1107	and witnesses in the courts of this state to be paid on vouchers of the 910
1108	1108	department on order of the Comptroller. 911
1109	1109	Sec. 28. Section 30-17 of the general statutes is repealed and the 912
1110	1110	following is substituted in lieu thereof (Effective July 1, 2020): 913
1111	1111	(a) (1) A wholesaler permit shall allow the bottling of alcoholic liquor 914
1112	1112	and the wholesale sale of alcoholic liquor to permittees in this state and 915
1113	1113	without the state, as may be permitted by law, and the sale of alcoholic 916
1114	1114	liquors to vessels engaged in coastwise or foreign commerce, and the 917
1115	1115	sale of alcohol and alcoholic liquor for industrial purposes to 918
1116	1116	nonpermittees, such sales to be made in accordance with the regulations 919
1117	1117	adopted by the Department of Consumer Protection, and the sale of 920
1118	1118	alcohol and alcoholic liquor for medicinal purposes to hospitals and 921
1119	1119	charitable institutions and to religious organizations for sacramental 922
1120	1120	purposes and the receipt from out-of-state shippers of multiple 923
1121	1121	packages of alcoholic liquor. The holder of a wholesaler permit may 924
1122	1122	apply for and shall thereupon receive an out-of-state shipper's permit 925
1123	1123	for direct importation from abroad of alcoholic liquors manufactured 926
1124	1124	outside the United States and an out-of-state shipper's permit for direct 927
1125	1125	importation from abroad of beer manufactured outside the United 928
1126	1126	States. The annual fee for a wholesaler permit shall be two thousand six 929
1127	1127	hundred fifty dollars. 930
1128	1128	(2) When a holder of a wholesaler permit has had the distributorship 931
1129	1129	of any alcohol, beer, spirits or wine product of a manufacturer or out-932
1130	1130	of-state shipper for six months or more, such distributorship may be 933
1131	1131	terminated or its geographic territory diminished upon (A) the 934
1132	1132	execution of a written stipulation by the wholesaler and manufacturer 935
1133	1133	Raised Bill No. 5173
1134	1134
1135	1135
1136	1136
1137	1137	LCO No. 1454 31 of 52
1138	1138
1139	1139	or out-of-state shipper agreeing to the change and the approval of such 936
1140	1140	change by the Department of Consumer Protection; or (B) the sending 937
1141	1141	of a written notice by certified or registered mail, return receipt 938
1142	1142	requested, by the manufacturer or out-of-state shipper to the 939
1143	1143	wholesaler, a copy of which notice has been sent simultaneously by 940
1144	1144	certified or registered mail, return receipt requested, to the Department 941
1145	1145	of Consumer Protection. No such termination or diminishment shall 942
1146	1146	become effective except for just and sufficient cause, provided such 943
1147	1147	cause shall be set forth in such notice and the Department of Consumer 944
1148	1148	Protection shall determine, after hearing, that just and sufficient cause 945
1149	1149	exists. If an emergency occurs, caused by the wholesaler, prior to such 946
1150	1150	hearing, which threatens the manufacturers' or out-of-state shippers' 947
1151	1151	products or otherwise endangers the business of the manufacturer or 948
1152	1152	out-of-state shipper and said emergency is established to the satisfaction 949
1153	1153	of the Department of Consumer Protection, the department may 950
1154	1154	temporarily suspend such wholesaler permit or take whatever 951
1155	1155	reasonable action the department deems advisable to provide for such 952
1156	1156	emergency and the department may continue such temporary action 953
1157	1157	until its decision after a full hearing. The Department of Consumer 954
1158	1158	Protection shall render its decision with reasonable promptness 955
1159	1159	following such hearing. Notwithstanding the aforesaid, a manufacturer 956
1160	1160	or out-of-state shipper may appoint one or more additional wholesalers 957
1161	1161	as the distributor for an alcohol, spirits or wine product within such 958
1162	1162	territory, provided such appointment shall not be effective until six 959
1163	1163	months from the date such manufacturer or out-of-state shipper sets 960
1164	1164	forth such intention in written notice to the existing wholesaler by 961
1165	1165	certified or registered mail, return receipt requested, with a copy of such 962
1166	1166	notice simultaneously sent by certified or registered mail, return receipt 963
1167	1167	requested, to the Department of Consumer Protection. For just and 964
1168	1168	sufficient cause, a manufacturer or out-of-state shipper may appoint one 965
1169	1169	or more additional wholesalers as the distributor for a beer product 966
1170	1170	within such territory provided such manufacturer or out-of-state 967
1171	1171	shipper sets forth such intention and cause in written notice to the 968
1172	1172	existing wholesaler by certified or registered mail, return receipt 969
1173	1173	Raised Bill No. 5173
1174	1174
1175	1175
1176	1176
1177	1177	LCO No. 1454 32 of 52
1178	1178
1179	1179	requested, with a copy of such notice simultaneously sent by certified 970
1180	1180	or registered mail, return receipt requested, to the Department of 971
1181	1181	Consumer Protection. For the purposes of this section, "just and 972
1182	1182	sufficient cause" means the existence of circumstances which, in the 973
1183	1183	opinion of a reasonable person considering all of the equities of both the 974
1184	1184	wholesaler and the manufacturer or out-of-state shipper warrants a 975
1185	1185	termination or a diminishment of a distributorship as the case may be. 976
1186	1186	"Just and sufficient cause" shall be presumed if a wholesaler fails to 977
1187	1187	order a product for eighteen months, provided such product was 978
1188	1188	available for order by such wholesaler during the entire eighteen-month 979
1189	1189	time period. For the purposes of this section, "manufacturer or out-of-980
1190	1190	state shipper" means the manufacturer or out-of-state shipper who 981
1191	1191	originally granted a distributorship of any alcohol, beer, spirits or wine 982
1192	1192	product to a wholesaler, any successor to such manufacturer or out-of-983
1193	1193	state shipper, which successor has assumed the contractual relationship 984
1194	1194	with such wholesaler by assignment or otherwise, or any other 985
1195	1195	manufacturer or out-of-state shipper who acquires the right to ship such 986
1196	1196	alcohol, beer, spirits or wine into the state. 987
1197	1197	(3) Nothing contained herein shall be construed to interfere with the 988
1198	1198	authority of the Department of Consumer Protection to retain or adopt 989
1199	1199	reasonable regulations concerning the termination or diminishment of 990
1200	1200	a distributorship held by a wholesaler for less than six months. 991
1201	1201	(4) All hearings held hereunder shall be held in accordance with the 992
1202	1202	provisions of chapter 54. 993
1203	1203	(b) A wholesaler permit for beer shall be in all respects the same as a 994
1204	1204	wholesaler permit, except that the scope of operations of the holder shall 995
1205	1205	be limited to beer; but shall not prohibit the handling of nonalcoholic 996
1206	1206	merchandise. The holder of a wholesaler permit for beer may apply for 997
1207	1207	and shall thereupon receive an out-of-state shipper's permit for direct 998
1208	1208	importation from abroad of beer manufactured outside the United 999
1209	1209	States. The annual fee for a wholesaler permit for beer shall be one 1000
1210	1210	thousand dollars. 1001
1211	1211	Raised Bill No. 5173
1212	1212
1213	1213
1214	1214
1215	1215	LCO No. 1454 33 of 52
1216	1216
1217	1217	(c) A wholesaler permittee may offer to industry members and its 1002
1218	1218	own staff free samples of alcoholic liquor that it distributes for tasting 1003
1219	1219	on the wholesaler's premises. Any offering, tasting, wine education and 1004
1220	1220	tasting class demonstration held on permit premises shall be conducted 1005
1221	1221	only during the hours a package store is permitted to sell alcoholic 1006
1222	1222	liquor under section 30-91. No tasting of wine on the premises shall be 1007
1223	1223	offered from more than ten uncorked or open bottles at any one time. A 1008
1224	1224	wholesaler may offer such tastings to retail permittees no more than 1009
1225	1225	four times per year. 1010
1226	1226	Sec. 29. Section 30-33 of the general statutes is repealed and the 1011
1227	1227	following is substituted in lieu thereof (Effective July 1, 2020): 1012
1228	1228	A concession permit shall allow the sale and consumption of beer or 1013
1229	1229	wine on the premises of any fair grounds, ball park, amusement park, 1014
1230	1230	indoor-outdoor amphitheater, outdoor amphitheater contiguous to and 1015
1231	1231	under the same ownership as an amusement park, public golf course or 1016
1232	1232	sports arena provided no sales of alcoholic liquor shall occur within one 1017
1233	1233	hour of the scheduled end of a performance at an indoor-outdoor 1018
1234	1234	amphitheater constructed to seat not less than fifteen thousand people. 1019
1235	1235	A concession permit shall also allow the sale and consumption of 1020
1236	1236	alcohol or spirits in all enclosed nonseating areas within an indoor-1021
1237	1237	outdoor amphitheater. Such areas shall be enclosed by a fence or wall 1022
1238	1238	not less than thirty inches high and separate from each other. No 1023
1239	1239	concession permittee, backer, employee or agent of such permittee shall 1024
1240	1240	sell, offer or deliver more than two drinks of alcoholic liquor at any one 1025
1241	1241	time to any person for such person's own consumption. Such permit 1026
1242	1242	shall be issued in the discretion of the Department of Consumer 1027
1243	1243	Protection and shall be effective only in accordance with a schedule of 1028
1244	1244	hours and days determined by the department for each such permit 1029
1245	1245	within the limitation of hours and days fixed by law. As used in this 1030
1246	1246	section, "public golf course" means a golf course of not less than nine 1031
1247	1247	holes and a course length of not less than twenty-seven hundred fifty 1032
1248	1248	yards. The fee for a concession permit shall be as follows: For a period 1033
1249	1249	of one year, three hundred dollars; for a period of six months, two 1034
1250	1250	Raised Bill No. 5173
1251	1251
1252	1252
1253	1253
1254	1254	LCO No. 1454 34 of 52
1255	1255
1256	1256	hundred dollars; and for a period of one day, fifty dollars. 1035
1257	1257	Sec. 30. Section 30-35b of the general statutes is repealed and the 1036
1258	1258	following is substituted in lieu thereof (Effective July 1, 2020): 1037
1259	1259	A ninety-day provisional permit shall allow the retail sale or 1038
1260	1260	manufacture of alcoholic liquor by any applicant and his backer, if any, 1039
1261	1261	who has made application for a liquor permit pursuant to section 30-39, 1040
1262	1262	as amended by this act, and may be issued at the discretion of the Liquor 1041
1263	1263	Control Commission. If said applicant or his backer, if any, causes any 1042
1264	1264	delay in the investigation conducted by the Department of Consumer 1043
1265	1265	Protection pursuant to said section, the ninety-day provisional permit 1044
1266	1266	shall cease immediately. Only one such permit shall be issued to any 1045
1267	1267	applicant and his backer, if any, for each location of the club or place of 1046
1268	1268	business which is to be operated under such permit and such permit 1047
1269	1269	shall be nonrenewable but may be extended due to delays not caused 1048
1270	1270	by the applicant. Such permit shall not be extended beyond one year 1049
1271	1271	from the filing date defined in section 30-39, as amended by this act. The 1050
1272	1272	fee for such ninety-day permit shall be five hundred dollars. 1051
1273	1273	Sec. 31. Section 30-36 of the general statutes is repealed and the 1052
1274	1274	following is substituted in lieu thereof (Effective July 1, 2020): 1053
1275	1275	A druggist permit may be issued by the Department of Consumer 1054
1276	1276	Protection to a drug store proprietor. No druggist permit shall be issued 1055
1277	1277	covering a new drug store or a new location for an old drug store until 1056
1278	1278	the Commission of Pharmacy is satisfied that a drug store at such 1057
1279	1279	location is necessary to the convenience and best interest of the public. 1058
1280	1280	A druggist permit (1) shall allow the use of alcoholic liquors for the 1059
1281	1281	compounding of prescriptions of physicians, advanced practice 1060
1282	1282	registered nurses, physician assistants and dentists and for the 1061
1283	1283	manufacturing of all United States Pharmacopoeia and National 1062
1284	1284	Formulary preparations and all other medicinal preparations, (2) shall 1063
1285	1285	allow the retail sale and delivery of alcoholic liquor in containers of not 1064
1286	1286	less than eight ounces or one hundred eighty-seven and one-half 1065
1287	1287	Raised Bill No. 5173
1288	1288
1289	1289
1290	1290
1291	1291	LCO No. 1454 35 of 52
1292	1292
1293	1293	milliliters and not more than one quart or one liter capacity except that 1066
1294	1294	beer may be sold in containers of not more than forty ounces or twelve 1067
1295	1295	hundred milliliters capacity, to any person, and (3) shall forbid the 1068
1296	1296	drinking of such alcoholic liquor on the premises of any drug store. Such 1069
1297	1297	permittee shall keep all alcoholic liquors in compartments, which 1070
1298	1298	compartments shall be securely locked except during those hours when 1071
1299	1299	the sale of alcoholic liquor is permitted by law. The holder of a druggist 1072
1300	1300	permit shall not display any alcoholic liquors or containers, marked or 1073
1301	1301	labeled or in any other way suggesting the contents of intoxicating 1074
1302	1302	liquors, in the windows of the permit premises. The Commission of 1075
1303	1303	Pharmacy shall revoke or suspend the pharmacy license of any 1076
1304	1304	pharmacist upon whose premises any violation of any provision of this 1077
1305	1305	section occurs. The annual fee for a druggist permit shall be five 1078
1306	1306	hundred thirty-five dollars. 1079
1307	1307	Sec. 32. Section 30-37 of the general statutes is repealed and the 1080
1308	1308	following is substituted in lieu thereof (Effective July 1, 2020): 1081
1309	1309	Any pharmacy licensed by the [Commission of Pharmacy] 1082
1310	1310	Department of Consumer Protection may fill the prescription of a 1083
1311	1311	licensed physician, advanced practice registered nurse, physician 1084
1312	1312	assistant or dentist for alcoholic liquors at any time without regard to 1085
1313	1313	the vote of any town prohibiting the sale of such liquors and may use 1086
1314	1314	alcoholic liquors for the compounding of such prescriptions and for the 1087
1315	1315	manufacture of all United States Pharmacopoeia and Nationa l 1088
1316	1316	Formulary preparations and all other medicinal preparations without 1089
1317	1317	the necessity of obtaining a permit from the Department of Consumer 1090
1318	1318	Protection, provided each such prescription shall include the name and 1091
1319	1319	address of the person for whom it is prescribed and shall be signed with 1092
1320	1320	his full name by the person issuing such prescription. Each such 1093
1321	1321	prescription shall be filled only once, and the person making a sale on 1094
1322	1322	such prescription shall write on the face thereof the number of such 1095
1323	1323	prescription and the date of the sale or delivery of such liquor and shall 1096
1324	1324	keep such prescription on file and available at all reasonable times for 1097
1325	1325	inspection. All alcoholic liquors sold by licensed pharmacies on 1098
1326	1326	Raised Bill No. 5173
1327	1327
1328	1328
1329	1329
1330	1330	LCO No. 1454 36 of 52
1331	1331
1332	1332	prescriptions alone shall be kept in compartments, which compartments 1099
1333	1333	shall be securely locked except when such liquors are being used in the 1100
1334	1334	compounding of the prescriptions. 1101
1335	1335	Sec. 33. Section 30-37j of the 2020 supplement to the general statutes, 1102
1336	1336	as amended by section 12 of public act 19-24, is repealed and the 1103
1337	1337	following is substituted in lieu thereof (Effective July 1, 2020): 1104
1338	1338	(a) A caterer liquor permit shall allow a person regularly engaged in 1105
1339	1339	the business of providing food and beverages to others for service at 1106
1340	1340	private gatherings or at special events to sell and serve alcoholic liquor 1107
1341	1341	for on-premises consumption at any activity, event or function for 1108
1342	1342	which such person has been hired, pursuant to a contract between the 1109
1343	1343	holder of the caterer liquor permit and the hiring party. The holder of a 1110
1344	1344	caterer liquor permit shall not engage in self-dealing or self-hiring in 1111
1345	1345	order to generate catering events. The annual fee for a caterer liquor 1112
1346	1346	permit shall be four hundred forty dollars. 1113
1347	1347	(b) The holder of a caterer liquor permit shall, on a form prescribed 1114
1348	1348	by the Department of Consumer Protection or electronically, notify the 1115
1349	1349	department, in writing, of the date, location and hours of each event at 1116
1350	1350	which alcohol is served under such permit at least one business day in 1117
1351	1351	advance of such event. If the holder of a caterer liquor permit is unable 1118
1352	1352	to provide the written notice required under this section due to exigent 1119
1353	1353	circumstances, such holder may provide notice to the department by 1120
1354	1354	telephone of the date, location and hours of each event at which alcohol 1121
1355	1355	is served under such permit. 1122
1356	1356	(c) Notwithstanding the provisions of subsection (a) of section 30-48, 1123
1357	1357	as amended by this act, a backer or holder of a caterer liquor permit may 1124
1358	1358	be a backer or holder of any other permit issued under the provisions of 1125
1359	1359	this chapter, except that a backer or holder of a caterer liquor permit 1126
1360	1360	may not be a backer or holder of any other manufacturer permit issued 1127
1361	1361	under section 30-16 or a wholesaler permit issued under section 30-17, 1128
1362	1362	as amended by this act. 1129
1363	1363	Raised Bill No. 5173
1364	1364
1365	1365
1366	1366
1367	1367	LCO No. 1454 37 of 52
1368	1368
1369	1369	(d) The holder of a caterer liquor permit and any other permit issued 1130
1370	1370	under the provisions of this chapter that prohibits the off-premises 1131
1371	1371	consumption of alcoholic liquor shall be exempt from such prohibition 1132
1372	1372	for the purposes of conducting such holder's catering business only. 1133
1373	1373	(e) The holder of a caterer liquor permit shall be exempt from the 1134
1374	1374	provisions of sections 30-38, as amended by this act, 30-52, as amended 1135
1375	1375	by this act, and 30-54 and from the requirements to affix and maintain a 1136
1376	1376	placard, as provided in subdivision (3) of subsection (b) of section 30-39, 1137
1377	1377	as amended by this act. 1138
1378	1378	(f) The holder of a caterer liquor permit may enter into a contract with 1139
1379	1379	another business entity to provide exclusive catering services at a 1140
1380	1380	specific venue, provided the holder of the caterer liquor permit is 1141
1381	1381	available for hire at other venues and is using the permit at other venues. 1142
1382	1382	No member of the backer of the caterer liquor permit, nor the member's 1143
1383	1383	spouse or child, shall have an ownership interest in the venue with the 1144
1384	1384	exclusivity agreement. 1145
1385	1385	Sec. 34. Section 30-39 of the general statutes is repealed and the 1146
1386	1386	following is substituted in lieu thereof (Effective July 1, 2020): 1147
1387	1387	(a) For the purposes of this section, the "filing date" of an application 1148
1388	1388	means the date upon which the department, after approving the 1149
1389	1389	application for processing, mails or otherwise delivers to the applicant 1150
1390	1390	a placard containing such date. 1151
1391	1391	(b) (1) Any person desiring a liquor permit or a renewal of such a 1152
1392	1392	permit shall make [a sworn] an affirmed application therefor to the 1153
1393	1393	Department of Consumer Protection upon forms to be furnished by the 1154
1394	1394	department, showing the name and address of the applicant and of the 1155
1395	1395	applicant's backer, if any, the location of the club or place of business 1156
1396	1396	which is to be operated under such permit and a financial statement 1157
1397	1397	setting forth all elements and details of any business transactions 1158
1398	1398	connected with the application. Such application shall include a detailed 1159
1399	1399	description of the type of live entertainment that is to be provided. A 1160
1400	1400	Raised Bill No. 5173
1401	1401
1402	1402
1403	1403
1404	1404	LCO No. 1454 38 of 52
1405	1405
1406	1406	club or place of business shall be exempt from providing such detailed 1161
1407	1407	description if the club or place of business (A) was issued a liquor permit 1162
1408	1408	prior to October 1, 1993, and (B) has not altered the type of 1163
1409	1409	entertainment provided. The application shall also indicate any crimes 1164
1410	1410	of which the applicant or the applicant's backer may have been 1165
1411	1411	convicted. Applicants shall submit documents sufficient to establish 1166
1412	1412	that state and local building, fire and zoning requirements and local 1167
1413	1413	ordinances concerning hours and days of sale will be met, except that 1168
1414	1414	local building and zoning requirements and local ordinances 1169
1415	1415	concerning hours and days of sale shall not apply to any class of airport 1170
1416	1416	permit. The State Fire Marshal or the marshal's certified designee shall 1171
1417	1417	be responsible for approving compliance with the State Fire Code at 1172
1418	1418	Bradley International Airport. Any person desiring a permit provided 1173
1419	1419	for in section 30-33b shall file a copy of such person's license with such 1174
1420	1420	application if such license was issued by the Department of Consumer 1175
1421	1421	Protection. The department may, at its discretion, conduct an 1176
1422	1422	investigation to determine whether a permit shall be issued to an 1177
1423	1423	applicant. 1178
1424	1424	(2) The applicant shall pay to the department a nonrefundable 1179
1425	1425	application fee, which fee shall be in addition to the fees prescribed in 1180
1426	1426	this chapter for the permit sought. An application fee shall not be 1181
1427	1427	charged for an application to renew a permit. The application fee shall 1182
1428	1428	be in the amount of ten dollars for the filing of each application for a 1183
1429	1429	permit by a charitable organization, including a nonprofit public 1184
1430	1430	television corporation, a nonprofit golf tournament permit, a temporary 1185
1431	1431	permit or a special club permit; and for all other permits in the amount 1186
1432	1432	of one hundred dollars for the filing of an initial application. Any permit 1187
1433	1433	issued shall be valid only for the purposes and activities described in 1188
1434	1434	the application. 1189
1435	1435	(3) The applicant, immediately after filing an application, shall give 1190
1436	1436	notice thereof, with the name and residence of the permittee, the type of 1191
1437	1437	permit applied for and the location of the place of business for which 1192
1438	1438	such permit is to be issued and the type of live entertainment to be 1193
1439	1439	Raised Bill No. 5173
1440	1440
1441	1441
1442	1442
1443	1443	LCO No. 1454 39 of 52
1444	1444
1445	1445	provided, all in a form prescribed by the department, by publishing the 1194
1446	1446	same in a newspaper having a circulation in the town in which the place 1195
1447	1447	of business to be operated under such permit is to be located, at least 1196
1448	1448	once a week for two successive weeks, the first publication to be not 1197
1449	1449	more than seven days after the filing date of the application and the last 1198
1450	1450	publication not more than fourteen days after the filing date of the 1199
1451	1451	application. The applicant shall affix, and maintain in a legible condition 1200
1452	1452	upon the outer door of the building wherein such place of business is to 1201
1453	1453	be located and clearly visible from the public highway, the placard 1202
1454	1454	provided by the department, not later than the day following the receipt 1203
1455	1455	of the placard by the applicant. If such outer door of such premises is so 1204
1456	1456	far from the public highway that such placard is not clearly visible as 1205
1457	1457	provided, the department shall direct a suitable method to notify the 1206
1458	1458	public of such application. When an application is filed for any type of 1207
1459	1459	permit for a building that has not been constructed, such applicant shall 1208
1460	1460	erect and maintain in a legible condition a sign not less than six feet by 1209
1461	1461	four feet upon the site where such place of business is to be located, 1210
1462	1462	instead of such placard upon the outer door of the building. The sign 1211
1463	1463	shall set forth the type of permit applied for and the name of the 1212
1464	1464	proposed permittee, shall be clearly visible from the public highway and 1213
1465	1465	shall be so erected not later than the day following the receipt of the 1214
1466	1466	placard. Such applicant shall make a return to the department, under 1215
1467	1467	oath, of compliance with the foregoing requirements, in such form as 1216
1468	1468	the department may determine, but the department may require any 1217
1469	1469	additional proof of such compliance. Upon receipt of evidence of such 1218
1470	1470	compliance, the department may hold a hearing as to the suitability of 1219
1471	1471	the proposed location. The provisions of this subdivision shall not apply 1220
1472	1472	to applications for airline permits, charitable organization permits, 1221
1473	1473	temporary permits, special club permits, concession permits, military 1222
1474	1474	permits, railroad permits, boat permits, warehouse permits, brokers' 1223
1475	1475	permits, out-of-state shippers' permits for alcoholic liquor and out-of-1224
1476	1476	state shippers' permits for beer, coliseum permits, coliseum concession 1225
1477	1477	permits, special sporting facility restaurant permits, special sporting 1226
1478	1478	facility employee recreational permits, special sporting facility guest 1227
1479	1479	Raised Bill No. 5173
1480	1480
1481	1481
1482	1482
1483	1483	LCO No. 1454 40 of 52
1484	1484
1485	1485	permits, special sporting facility concession permits, special sporting 1228
1486	1486	facility bar permits, nonprofit golf tournament permits, nonprofit public 1229
1487	1487	television permits and renewals. The provisions of this subdivision 1230
1488	1488	regarding publication and placard display shall also be required of any 1231
1489	1489	applicant who seeks to amend the type of entertainment either upon 1232
1490	1490	filing of a renewal application or upon requesting permission of the 1233
1491	1491	department in a form that requires the approval of the municipal zoning 1234
1492	1492	official. 1235
1493	1493	(4) In any case in which a permit has been issued to a partnership, if 1236
1494	1494	one or more of the partners dies or retires, the remaining partner or 1237
1495	1495	partners need not file a new application for the unexpired portion of the 1238
1496	1496	current permit, and no additional fee for such unexpired portion shall 1239
1497	1497	be required. Notice of any such change shall be given to the department 1240
1498	1498	and the permit shall be endorsed to show correct ownership. When any 1241
1499	1499	partnership changes by reason of the addition of one or more persons, a 1242
1500	1500	new application with new fees shall be required. 1243
1501	1501	(c) Any ten persons who are at least eighteen years of age, and are 1244
1502	1502	residents of the town within which the business for which the permit or 1245
1503	1503	renewal thereof has been applied for, is intended to be operated, or, in 1246
1504	1504	the case of a manufacturer's or a wholesaler's permit, any ten persons 1247
1505	1505	who are at least eighteen years of age and are residents of the state, may 1248
1506	1506	file with the department, within three weeks from the last date of 1249
1507	1507	publication of notice made pursuant to subdivision (3) of subsection (b) 1250
1508	1508	of this section for an initial permit, and in the case of renewal of an 1251
1509	1509	existing permit, at least twenty-one days before the renewal date of such 1252
1510	1510	permit, a remonstrance containing any objection to the suitability of 1253
1511	1511	such applicant or proposed place of business, provided any such issue 1254
1512	1512	is not controlled by local zoning. Upon the filing of such remonstrance, 1255
1513	1513	the department, upon written application, shall hold a hearing and shall 1256
1514	1514	give such notice as it deems reasonable of the time and place at least five 1257
1515	1515	days before such hearing is had. The remonstrants shall designate one 1258
1516	1516	or more agents for service, who shall serve as the recipient or recipients 1259
1517	1517	of all notices issued by the department. At any time prior to the issuance 1260
1518	1518	Raised Bill No. 5173
1519	1519
1520	1520
1521	1521
1522	1522	LCO No. 1454 41 of 52
1523	1523
1524	1524	of a decision by the department, a remonstrance may be withdrawn by 1261
1525	1525	the remonstrants or by such agent or agents acting on behalf of such 1262
1526	1526	remonstrants and the department may cancel the hearing or withdraw 1263
1527	1527	the case. The decision of the department on such application shall be 1264
1528	1528	final with respect to the remonstrance. 1265
1529	1529	(d) No new permit shall be issued until the foregoing provisions of 1266
1530	1530	subsections (a) and (b) of this section have been complied with. If no 1267
1531	1531	new permit is issued within twelve months of the filing date, as defined 1268
1532	1532	in subsection (a) of this section, the application may, in the discretion of 1269
1533	1533	the department, be deemed withdrawn and shall then be returned to the 1270
1534	1534	applicant. Six months' or seasonal permits may be renewed, provided 1271
1535	1535	the renewal application and fee shall be filed at least twenty-one days 1272
1536	1536	before the reopening of the business, there is no change in the permittee, 1273
1537	1537	ownership or type of permit, and the permittee or backer did not receive 1274
1538	1538	a rebate of the permit fee with respect to the permit issued for the 1275
1539	1539	previous year. 1276
1540	1540	(e) The department may renew a permit that has expired if the 1277
1541	1541	applicant pays to the department a nonrefundable late fee pursuant to 1278
1542	1542	subsection (c) of section 21a-4, which fee shall be in addition to the fees 1279
1543	1543	prescribed in this chapter for the permit applied for. The provisions of 1280
1544	1544	this subsection shall not apply to one-day permits, to any permit which 1281
1545	1545	is the subject of administrative or court proceedings, or where otherwise 1282
1546	1546	provided by law. 1283
1547	1547	Sec. 35. Section 30-47 of the general statutes is repealed and the 1284
1548	1548	following is substituted in lieu thereof (Effective July 1, 2020): 1285
1549	1549	(a) The Department of Consumer Protection may, in its discretion, 1286
1550	1550	suspend, revoke or refuse to grant or renew a permit for the sale of 1287
1551	1551	alcoholic liquor if it has reasonable cause to believe: (1) That the 1288
1552	1552	applicant or permittee appears to be financially irresponsible [or 1289
1553	1553	neglects to provide for his family,] or neglects or is unable to pay his just 1290
1554	1554	debts; (2) that the applicant or permittee has been provided with funds 1291
1555	1555	Raised Bill No. 5173
1556	1556
1557	1557
1558	1558
1559	1559	LCO No. 1454 42 of 52
1560	1560
1561	1561	by any wholesaler or manufacturer or has any forbidden connection 1292
1562	1562	with any other class of permittee as provided in this chapter; (3) that the 1293
1563	1563	applicant or permittee is in the habit of using alcoholic beverages to 1294
1564	1564	excess; (4) that the applicant or permittee has [wilfully] willfully made 1295
1565	1565	any false statement to the department in a material matter; (5) that the 1296
1566	1566	applicant or permittee has been convicted of violating any of the liquor 1297
1567	1567	laws of this or any other state or the liquor laws of the United States or 1298
1568	1568	has been convicted of a felony as such term is defined in section 53a-25 1299
1569	1569	or has such a criminal record that the department reasonably believes 1300
1570	1570	he is not a suitable person to hold a permit, provided no refusal shall be 1301
1571	1571	rendered under this subdivision except in accordance with the 1302
1572	1572	provisions of sections 46a-80 and 46a-81; (6) that the applicant or 1303
1573	1573	permittee has not been delegated full authority and control of the permit 1304
1574	1574	premises and of the conduct of all business on such premises; or (7) that 1305
1575	1575	the applicant or permittee has violated any provision of this chapter or 1306
1576	1576	any regulation adopted under this chapter. Any backer shall be subject 1307
1577	1577	to the same disqualifications as provided in this section in the case of an 1308
1578	1578	applicant for a permit or a permittee. 1309
1579	1579	(b) The Commissioner of Consumer Protection may, in his or her 1310
1580	1580	discretion, require a permittee who has had his or her permit for the sale 1311
1581	1581	of alcoholic liquor suspended or revoked pursuant to subsection (a) of 1312
1582	1582	this section to have such permittee's employees participate in an alcohol 1313
1583	1583	seller and server training program approved by the commissioner. The 1314
1584	1584	commissioner may require proof of completion of the program from the 1315
1585	1585	permittee prior to reactivation or reissuance of such permit. 1316
1586	1586	(c) In lieu of suspending or revoking a permit for the sale of alcoholic 1317
1587	1587	liquor pursuant to subsection (a) of this section, the commissioner may 1318
1588	1588	require a permittee to have such permittee's employees participate in an 1319
1589	1589	alcohol seller and server training program. 1320
1590	1590	Sec. 36. Section 30-51 of the general statutes is repealed and the 1321
1591	1591	following is substituted in lieu thereof (Effective July 1, 2020): 1322
1592	1592	Raised Bill No. 5173
1593	1593
1594	1594
1595	1595
1596	1596	LCO No. 1454 43 of 52
1597	1597
1598	1598	(a) No permit may be issued for the sale of alcoholic liquor in any 1323
1599	1599	building, a portion of which will not be used as the permit premises, 1324
1600	1600	unless the application therefor is accompanied by an affidavit signed 1325
1601	1601	and [sworn] affirmed to by the applicant, stating that access from the 1326
1602	1602	portion of the building that will not be used as the permit premises to 1327
1603	1603	the portion of the building that will be used as the permit premises is 1328
1604	1604	effectually closed, unless the Department of Consumer Protection 1329
1605	1605	endorses upon such application that it has dispensed with such affidavit 1330
1606	1606	for reasons considered by it good and satisfactory and also endorses 1331
1607	1607	thereon such reasons. If any way of access from the other portion of such 1332
1608	1608	building to the portion used as the permit premises is opened, after such 1333
1609	1609	permit is issued, without the consent of the Department of Consumer 1334
1610	1610	Protection endorsed on such permit, such permit shall thereupon 1335
1611	1611	become and be forfeited, with or without notice from the Department of 1336
1612	1612	Consumer Protection, and shall be null and void. If such applicant or 1337
1613	1613	any permittee or any backer thereof opens, causes to be opened, permits 1338
1614	1614	to be opened or allows to remain open, at any time during the term for 1339
1615	1615	which such permit is issued, any way of access from any portion of a 1340
1616	1616	building not part of the permit premises to any other portion of such 1341
1617	1617	building that is the permit premises, without the written consent of the 1342
1618	1618	Department of Consumer Protection endorsed on such permit, such 1343
1619	1619	persons or backers shall be subject to the penalties provided in section 1344
1620	1620	30-113, as amended by this act. The Department of Consumer Protection 1345
1621	1621	shall require every applicant for a permit to sell alcoholic liquor to state 1346
1622	1622	under oath whether any portion of the building in which it is proposed 1347
1623	1623	to carry on such business will not be used as the permit premises; and, 1348
1624	1624	if so, said Department of Consumer Protection shall appoint a suitable 1349
1625	1625	person to examine the premises and to see that any and all access 1350
1626	1626	between the portion so to be used for the sale of alcoholic liquor and the 1351
1627	1627	portion not so used is effectually closed, and may designate the manner 1352
1628	1628	of such closing, and, if necessary, order seals to be placed so that such 1353
1629	1629	way of access cannot be opened without breaking the seals, and the 1354
1630	1630	breaking or removal of such seals or other methods of preventing access, 1355
1631	1631	so ordered and provided, shall be prima facie evidence of a violation of 1356
1632	1632	Raised Bill No. 5173
1633	1633
1634	1634
1635	1635
1636	1636	LCO No. 1454 44 of 52
1637	1637
1638	1638	this section. The above provisions shall not apply to any premises 1357
1639	1639	operating under a hotel permit, or any premises operating under a 1358
1640	1640	restaurant permit, which premises are located in or attached to a motel, 1359
1641	1641	and shall not apply to any entrance to a building in which is located 1360
1642	1642	premises operating under a tavern permit, which entrance opens into 1361
1643	1643	the rear or side yard of such tavern premises and is used solely as an 1362
1644	1644	emergency exit or for the delivery of goods to, or carrying or conveying 1363
1645	1645	goods from, any permit premises. 1364
1646	1646	(b) "Motel" means every building or other structure kept, used, 1365
1647	1647	maintained, advertised or held out to the public to be a place where 1366
1648	1648	sleeping accommodations are offered for pay to transient guests, 1367
1649	1649	usually, but not limited to, motorists, but is not a place where food is 1368
1650	1650	served at all times or where kitchen and dining room facilities 1369
1651	1651	necessarily exist. 1370
1652	1652	Sec. 37. Section 30-55 of the 2020 supplement to the general statutes 1371
1653	1653	is repealed and the following is substituted in lieu thereof (Effective July 1372
1654	1654	1, 2020): 1373
1655	1655	(a) The Department of Consumer Protection may, in its discretion, 1374
1656	1656	revoke, suspend or place conditions on any permit or provisional permit 1375
1657	1657	or impose a fine of not greater than one thousand dollars per violation, 1376
1658	1658	upon cause found after hearing, provided ten days' written notice of 1377
1659	1659	such hearing has been given to the permittee setting forth, with the 1378
1660	1660	particulars required in civil pleadings, the charges upon which such 1379
1661	1661	proposed revocation, suspension or fine is predicated. Any appeal from 1380
1662	1662	such order of revocation, suspension, [or] fine or conditions shall be 1381
1663	1663	taken in accordance with the provisions of section 4-183. 1382
1664	1664	(b) The surrender of a permit or provisional permit for cancellation 1383
1665	1665	or the expiration of a permit shall not prevent the department from 1384
1666	1666	suspending or revoking any such permit pursuant to the provisions of 1385
1667	1667	this section. 1386
1668	1668	Sec. 38. Section 30-56 of the general statutes is repealed and the 1387
1669	1669	Raised Bill No. 5173
1670	1670
1671	1671
1672	1672
1673	1673	LCO No. 1454 45 of 52
1674	1674
1675	1675	following is substituted in lieu thereof (Effective July 1, 2020): 1388
1676	1676	(a) When any permit is revoked or suspended after a final 1389
1677	1677	[conviction] decision pursuant to chapter 54 or upon forfeiture of bond 1390
1678	1678	under the provisions of section 30-57, an appeal therefrom shall not act 1391
1679	1679	as a stay of execution upon such revocation or suspension. Such 1392
1680	1680	revocation or suspension shall become effective immediately. 1393
1681	1681	(b) When any permit is revoked or suspended for violation of the 1394
1682	1682	provisions of section 30-38a, an appeal therefrom, may, at the discretion 1395
1683	1683	of the court, act as a stay of execution upon such revocation or 1396
1684	1684	suspension. 1397
1685	1685	Sec. 39. Section 30-59 of the general statutes is repealed and the 1398
1686	1686	following is substituted in lieu thereof (Effective July 1, 2020): 1399
1687	1687	The Department of Consumer Protection shall [transmit a certificate 1400
1688	1688	of the revocation, suspension or reinstatement of any permit by it to the 1401
1689	1689	town clerk of the town within which the permittee is operating or has 1402
1690	1690	been operating, which clerk shall attach such certificate to the duplicate 1403
1691	1691	copy of such permit on file in his office] post notice of any revocation or 1404
1692	1692	suspension of any permit on the department's Internet web site. 1405
1693	1693	Sec. 40. Section 30-61 of the general statutes is repealed and the 1406
1694	1694	following is substituted in lieu thereof (Effective July 1, 2020): 1407
1695	1695	Service of process in any action in which the commission is a party 1408
1696	1696	shall be made upon any member of the commission. [or the secretary of 1409
1697	1697	the commission.] 1410
1698	1698	Sec. 41. Section 30-64b of the general statutes is repealed and the 1411
1699	1699	following is substituted in lieu thereof (Effective July 1, 2020): 1412
1700	1700	The sale of any alcoholic liquor by a wholesale or retail permittee for 1413
1701	1701	off-premises consumption at a price the intent of which is to destroy or 1414
1702	1702	prevent competition with any other permittee holding a like permit 1415
1703	1703	shall be deemed an unfair pricing practice and a violation of chapter 1416
1704	1704	Raised Bill No. 5173
1705	1705
1706	1706
1707	1707
1708	1708	LCO No. 1454 46 of 52
1709	1709
1710	1710	735a. The Department of Consumer Protection may suspend or revoke 1417
1711	1711	any permit upon a finding of an unfair pricing practice. In arriving at 1418
1712	1712	such finding, the Department of Consumer Protection shall consider, 1419
1713	1713	but not be limited to, the consideration of the following factors: Labor, 1420
1714	1714	including salaries of executives and officers, rent, interest on borrowed 1421
1715	1715	capital, depreciation, selling cost, maintenance of equipment, delivery 1422
1716	1716	costs, credit losses, insurance and warehouse costs. 1423
1717	1717	Sec. 42. Section 30-67 of the general statutes is repealed and the 1424
1718	1718	following is substituted in lieu thereof (Effective July 1, 2020): 1425
1719	1719	In addition to the penalties otherwise provided under this chapter, 1426
1720	1720	including those allowed pursuant to section 30-55, as amended by this 1427
1721	1721	act, the Department of Consumer Protection may, for any violation of 1428
1722	1722	any provision of section 30-64 or of any regulation adopted under 1429
1723	1723	subdivisions (1), (2), (3) and (4) of subsection (b) of section 30-6a, 1430
1724	1724	suspend, cancel or revoke any permit as follows: For a first offense, not 1431
1725	1725	exceeding ten days' suspension of permit; for a second offense, not 1432
1726	1726	exceeding thirty days' suspension of permit; and for a third offense, the 1433
1727	1727	department may suspend, cancel or revoke the permit. 1434
1728	1728	Sec. 43. Section 30-68n of the general statutes is repealed and the 1435
1729	1729	following is substituted in lieu thereof (Effective July 1, 2020): 1436
1730	1730	(a) For the purposes of this section: (1) "Advertise" means the making 1437
1731	1731	of any statement or representation in connection with the solicitation of 1438
1732	1732	business in any manner by a retail permittee and includes, but is not 1439
1733	1733	limited to, statements and representations published in any newspaper 1440
1734	1734	or other publication or statements or representations printed in any 1441
1735	1735	catalog, circular or other sales literature or brochure; (2) "manufacturer's 1442
1736	1736	rebate" means that amount due and payable in accordance with an offer 1443
1737	1737	by a permittee other than a retail permittee to refund to a consumer all 1444
1738	1738	or a portion of the purchase price of an alcoholic liquor product; and (3) 1445
1739	1739	"net price" means the ultimate price paid by a consumer for an alcoholic 1446
1740	1740	liquor product after the consumer has redeemed the manufacturer's 1447
1741	1741	Raised Bill No. 5173
1742	1742
1743	1743
1744	1744
1745	1745	LCO No. 1454 47 of 52
1746	1746
1747	1747	rebate offered for the alcoholic liquor product. Merchandise, novelties 1448
1748	1748	or other items are not permissible manufacturer's rebates. No permittee 1449
1749	1749	shall require alcoholic liquor to be purchased in order for a consumer to 1450
1750	1750	receive access to any merchandise, novelty or other item. 1451
1751	1751	(b) A retail permittee may advertise the existence of a manufacturer's 1452
1752	1752	rebate or the net price of an alcoholic liquor product provided such 1453
1753	1753	permittee makes all of the following disclosures in such advertisement 1454
1754	1754	in type that is the same color, style and size: (1) The sales price of the 1455
1755	1755	alcoholic liquor product before the manufacturer's rebate; (2) the 1456
1756	1756	amount and expiration date of the manufacturer's rebate; and (3) the net 1457
1757	1757	price of the alcoholic liquor product. 1458
1758	1758	Sec. 44. Section 30-74 of the general statutes is repealed and the 1459
1759	1759	following is substituted in lieu thereof (Effective July 1, 2020): 1460
1760	1760	(a) The sale of alcoholic liquor, except as permitted by this chapter, is 1461
1761	1761	prohibited, and any person or permittee who keeps or operates any bar 1462
1762	1762	or establishment which is a place where alcoholic liquor is kept for sale 1463
1763	1763	or exchange contrary to law shall be liable to the penalties provided in 1464
1764	1764	section 30-113, as amended by this act. 1465
1765	1765	(b) The sale, distribution or dispensing of alcoholic liquor without a 1466
1766	1766	permit issued under the provisions of this chapter in any premises, 1467
1767	1767	building, apartment or other place used by any club, association, social 1468
1768	1768	or fraternal society or organization to the members thereof, their guests 1469
1769	1769	or other persons shall be unlawful. Any officer, agent or employee of 1470
1770	1770	any club, association, social or fraternal society or organization without 1471
1771	1771	such a permit, who dispenses or permits to be dispensed, to or by its 1472
1772	1772	members, guests or other persons, any alcoholic liquor shall be subject 1473
1773	1773	to the penalties provided in section 30-113, as amended by this act. 1474
1774	1774	(c) No permittee or backer who is authorized under this chapter to 1475
1775	1775	sell alcoholic liquor at retail for consumption off the permit premises, 1476
1776	1776	and no agent or employee of such permittee or backer, may sell or 1477
1777	1777	deliver such alcoholic liquor from a drive-up window or similar exterior 1478
1778	1778	Raised Bill No. 5173
1779	1779
1780	1780
1781	1781
1782	1782	LCO No. 1454 48 of 52
1783	1783
1784	1784	wall opening or to a drive-up parking spot when such alcoholic liquor 1479
1785	1785	was purchased via the Internet or other computer network. 1480
1786	1786	Sec. 45. Subsection (d) of section 30-86 of the general statutes is 1481
1787	1787	repealed and the following is substituted in lieu thereof (Effective July 1, 1482
1788	1788	2020): 1483
1789	1789	(d) (1) No permittee or permittee's agent or employee shall 1484
1790	1790	electronically or mechanically record or maintain any information 1485
1791	1791	derived from a transaction scan, except the following: (A) The name and 1486
1792	1792	date of birth of the person listed on the driver's license or identity card 1487
1793	1793	presented by a cardholder; (B) the expiration date and identification 1488
1794	1794	number of the driver's license or identity card presented by a 1489
1795	1795	cardholder. 1490
1796	1796	(2) No permittee or permittee's agent or employee shall use a 1491
1797	1797	transaction scan device for a purpose other than the purposes specified 1492
1798	1798	in subsection (c) of this section, subsection (d) of section 53-344 or 1493
1799	1799	subsection (e) of section 53-344b. 1494
1800	1800	(3) No permittee or permittee's agent or employee shall sell or 1495
1801	1801	otherwise disseminate the information derived from a transaction scan 1496
1802	1802	to any third party for any purpose, including, but not limited to, any 1497
1803	1803	marketing, advertising or promotional activities, except that a permittee 1498
1804	1804	or permittee's agent or employee may release that information pursuant 1499
1805	1805	to a court order. 1500
1806	1806	(4) Nothing in subsection (c) of this section or this subsection relieves 1501
1807	1807	a permittee or permittee's agent or employee of any responsibility to 1502
1808	1808	comply with any other applicable state or federal laws or rules 1503
1809	1809	governing the sale, giving away or other distribution of alcoholic liquor. 1504
1810	1810	(5) Any person who violates this subsection shall be subject to [a civil] 1505
1811	1811	the penalty of [not more than one thousand dollars] section 30-55, as 1506
1812	1812	amended by this act. 1507
1813	1813	Raised Bill No. 5173
1814	1814
1815	1815
1816	1816
1817	1817	LCO No. 1454 49 of 52
1818	1818
1819	1819	Sec. 46. Section 30-93a of the general statutes is repealed and the 1508
1820	1820	following is substituted in lieu thereof (Effective July 1, 2020): 1509
1821	1821	Any person who ships into this state any package or carton 1510
1822	1822	containing alcoholic liquor shall, for each offense, be [fined not more 1511
1823	1823	than one thousand dollars or imprisoned not more than one year or 1512
1824	1824	both] subject to the penalty provisions of section 30-55, as amended by 1513
1825	1825	this act, unless (1) the contents of such package or carton are clearly 1514
1826	1826	marked on the outside of such package or carton, and (2) such person 1515
1827	1827	conditions delivery of such alcoholic liquor upon the signature of an 1516
1828	1828	individual who is (A) at least twenty-one years of age, or (B) legally 1517
1829	1829	authorized to receive such alcoholic liquor under the provisions of this 1518
1830	1830	chapter. 1519
1831	1831	Sec. 47. Section 30-113 of the general statutes is repealed and the 1520
1832	1832	following is substituted in lieu thereof (Effective July 1, 2020): 1521
1833	1833	Any person convicted of a violation of any provision of this chapter 1522
1834	1834	for which a specified penalty is not imposed, shall, for each offense, be 1523
1835	1835	[fined not more than one thousand dollars or imprisoned not more than 1524
1836	1836	one year or both] subject to the penalty provisions of section 30-55, as 1525
1837	1837	amended by this act. 1526
1838	1838	Sec. 48. (NEW) (Effective July 1, 2020) Notwithstanding the provisions 1527
1839	1839	of section 30-68m of the general statutes, the holder of a package store 1528
1840	1840	permit issued pursuant to section 30-20 of the general statutes may ship 1529
1841	1841	alcoholic liquor to a consumer located out-of-state, subject to all 1530
1842	1842	applicable laws of the jurisdiction in which such consumer is located. 1531
1843	1843	As used in this section, "out-of-state" means any state other than 1532
1844	1844	Connecticut, any territory or possession of the United States, the District 1533
1845	1845	of Columbia or the Commonwealth of Puerto Rico, but does not include 1534
1846	1846	any foreign country. 1535
1847	1847	Sec. 49. Section 30-35a of the general statutes is repealed and the 1536
1848	1848	following is substituted in lieu thereof (Effective July 1, 2020): 1537
1849	1849	Raised Bill No. 5173
1850	1850
1851	1851
1852	1852
1853	1853	LCO No. 1454 50 of 52
1854	1854
1855	1855	(a) A nonprofit theater permit shall allow the retail sale of not more 1538
1856	1856	than two drinks of alcoholic liquor to a patron at any one time by a 1539
1857	1857	nonprofit theater to be consumed on its premises by patrons on any day 1540
1858	1858	on which a performance is given and twelve other days per year; 1541
1859	1859	provided the proceeds derived from such sales, except for reasonable 1542
1860	1860	operating costs, shall be used in furtherance of the charitable, literary 1543
1861	1861	and educational activities of such theater. The annual fee for a nonprofit 1544
1862	1862	theater permit shall be two hundred fifty dollars. 1545
1863	1863	(b) "Nonprofit theater" means an organization organized for 1546
1864	1864	nonprofit, charitable, literary and educational purposes to which has 1547
1865	1865	been issued a ruling by the Internal Revenue Service classifying it as an 1548
1866	1866	exempt organization under Section 501(c)(3) of the Internal Revenue 1549
1867	1867	Code, and which carries on a program of performing arts for the general 1550
1868	1868	public at a theater located on its premises. 1551
1869	1869	Sec. 50. Sections 30-6c and 30-58b of the general statutes are repealed. 1552
1870	1870	(Effective July 1, 2020) 1553
1871	1871	This act shall take effect as follows and shall amend the following
1872	1872	sections:
1873	1873
1874	1874	Section 1 July 1, 2020 30-1
1875	1875	Sec. 2 July 1, 2020 30-12
1876	1876	Sec. 3 July 1, 2020 30-13a
1877	1877	Sec. 4 July 1, 2020 30-14
1878	1878	Sec. 5 July 1, 2020 30-22c(b)
1879	1879	Sec. 6 July 1, 2020 30-24
1880	1880	Sec. 7 July 1, 2020 30-24b
1881	1881	Sec. 8 July 1, 2020 30-25
1882	1882	Sec. 9 July 1, 2020 30-25a
1883	1883	Sec. 10 July 1, 2020 30-37f
1884	1884	Sec. 11 July 1, 2020 30-38
1885	1885	Sec. 12 July 1, 2020 30-39(b)
1886	1886	Sec. 13 July 1, 2020 30-45
1887	1887	Sec. 14 July 1, 2020 30-46
1888	1888	Sec. 15 July 1, 2020 30-46a
1889	1889	Raised Bill No. 5173
1890	1890
1891	1891
1892	1892
1893	1893	LCO No. 1454 51 of 52
1894	1894
1895	1895	Sec. 16 July 1, 2020 30-48
1896	1896	Sec. 17 July 1, 2020 30-48a(c)
1897	1897	Sec. 18 July 1, 2020 30-51
1898	1898	Sec. 19 July 1, 2020 30-53
1899	1899	Sec. 20 July 1, 2020 30-54
1900	1900	Sec. 21 July 1, 2020 30-68l(b)
1901	1901	Sec. 22 July 1, 2020 30-81
1902	1902	Sec. 23 July 1, 2020 30-90
1903	1903	Sec. 24 July 1, 2020 30-91
1904	1904	Sec. 25 July 1, 2020 30-91a
1905	1905	Sec. 26 July 1, 2020 30-7
1906	1906	Sec. 27 July 1, 2020 30-8
1907	1907	Sec. 28 July 1, 2020 30-17
1908	1908	Sec. 29 July 1, 2020 30-33
1909	1909	Sec. 30 July 1, 2020 30-35b
1910	1910	Sec. 31 July 1, 2020 30-36
1911	1911	Sec. 32 July 1, 2020 30-37
1912	1912	Sec. 33 July 1, 2020 30-37j
1913	1913	Sec. 34 July 1, 2020 30-39
1914	1914	Sec. 35 July 1, 2020 30-47
1915	1915	Sec. 36 July 1, 2020 30-51
1916	1916	Sec. 37 July 1, 2020 30-55
1917	1917	Sec. 38 July 1, 2020 30-56
1918	1918	Sec. 39 July 1, 2020 30-59
1919	1919	Sec. 40 July 1, 2020 30-61
1920	1920	Sec. 41 July 1, 2020 30-64b
1921	1921	Sec. 42 July 1, 2020 30-67
1922	1922	Sec. 43 July 1, 2020 30-68n
1923	1923	Sec. 44 July 1, 2020 30-74
1924	1924	Sec. 45 July 1, 2020 30-86(d)
1925	1925	Sec. 46 July 1, 2020 30-93a
1926	1926	Sec. 47 July 1, 2020 30-113
1927	1927	Sec. 48 July 1, 2020 New section
1928	1928	Sec. 49 July 1, 2020 30-35a
1929	1929	Sec. 50 July 1, 2020 Repealer section
1930	1930
1931	1931	Statement of Purpose:
1932	1932	To make minor and technical changes to the Liquor Control Act.
1933	1933
1934	1934	Raised Bill No. 5173
1935	1935
1936	1936
1937	1937
1938	1938	LCO No. 1454 52 of 52
1939	1939
1940	1940	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1941	1941	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1942	1942	underlined.]