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as amended by section 3 of public act 19-24, is repealed and the 2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