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OLR Bill Analysis
sHB 6459
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION AND REVISIONS TO THE LIQUOR CONTROL ACT.
TABLE OF CONTENTS:
§§ 1-24 ─ CONFORMING AND TEC HNICAL CHANGES
Makes numerous minor, technical, and conforming changes to implement the changes
from PA 19-24, including, among other things, conforming changes for the new cafe
permit
§ 8 ─ SPECIAL CLUB PERMITS
Allows cafe permittees that are nonprofit clubs to receive an additional permit to allow
alcohol sales at outdoor picnics
§ 15 ─ HOLDING MULTIPLE PERMITS
Allows a (1) nonprofit theater permittee to also hold a coliseum permit and (2) restaurant
or cafe permittee to also hold a newly established seasonal outdoor open-air permit
§ 15 ─ WHOLESALER’S HEARING REQUEST ON PRIOR
PERMITTEE’S LIQUOR OBLIGATIONS
Eliminates a wholesaler’s ability to request a hearing when a retailer permit applicant
purchases a business where a prior permittee may have had outstanding liquor obligations
§ 16 ─ PACKAGE STORE INTEREST INCREASE
Increases the number, from five to six, alcoholic beverage retail permits (e.g., package
stores) a person or backer may acquire an interest in
§§ 17 & 33 ─ AFFIRMED APPLICATIONS
Requires certain applications to be affirmed, rather than sworn
§ 22 ─ EFFECTIVE SEPARATION AND MINORS
Prohibits minors from being at certain consumer bars without a parent, guardian, or
spouse
§ 25 ─ DCP ALCOHOL REGULATIONS PAMPHLET
Eliminates the option for DCP to publish a pamphlet of all alcohol regulations and instead
requires DCP to post them on its website
§ 26 ─ COMPLAINT DISCLOSURE TIMEFRAME
Increases the time DCP can withhold investigation information, from six to 18 months
§ 27 ─ WHOLESALER FREE SAMPLES
Allows wholesalers to offer industry members and their own staff free samples of alcohol
they distribute 2021HB-06459-R000121-BA.DOCX
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§ 28 ─ CONCESSION PERMITTEES SERVING TWO DRINKS AT ONCE
Allows concession permittees to sell up to two drinks at one time
§ 29 ─ PROVISIONAL PERMIT TIME LIMITS
Prohibits provisional permits from being extended beyond one year
§§ 30 & 31 ─ DRUGGIST PERMIT ALCOHOL DELIVER IES
Allows druggist permittees to deliver alcohol
§ 32 ─ CATERER PERMIT
Specifies that caterer liquor permittees may sell and serve alcoholic liquor without food,
prohibits them from self-dealing or self-hiring in order to generate catering events, and
allows for exclusive catering contracts
§ 33 ─ NOTICING AND PLACARDING REQUIREME NTS EXEMPTION
Exempts Connecticut craft cafe permittees who held a manufacturer permit for a brew pub
or a manufacturer permit for a beer and brew pub before July 1, 2020 from noticing and
placarding requirements
§ 33 ─ REMONSTRANCE
Limits remonstrances to instances where the issue is not controlled by local zoning
§ 33 ─ APPLICATIONS WITH NO ACTION
Allows DCP to return applications where no action has occurred in 12 months
§§ 34, 35, 39 & 41-43 ─ FINES AND APPEALS
Specifies that the appeals of conditions placed on permits are held in accordance with the
UAPA and fines on a permit are per violation
§ 36 ─ NOTICES
Requires notices of decisions of any revocation or suspension of any permit to be posted on
DCP’s website rather than sent to the town clerk where the permittee operates or operated
§ 37 ─ TECHNICAL CHANGE
Makes a technical change
§§ 38 ─ CONNECTICUT UNFAIR TRADE PRACTICES ACT (CUTPA)
Specifically allows CUTPA to be used in cases of unfair pricing
§ 40 ─ MANUFACTURER REBATES
Prohibits (1) merchandise, novelties, or other items from being used as manufacturers’
rebates (2) requiring alcohol purchase as a prerequisite for purchasing these items
§ 44 ─ CAFE PERMITS FOR HIGHER EDUCATION INSTITUTIONS
Allows cafe permits to be issued to accredited higher education institutions
§ 45 ─ OUT-OF-STATE SHIPPERS
Allows out-of-state shipper permittees to sell outside of Connecticut
§ 46 ─ PACKAGE STORE SHIPPING OUT-OF-STATE
Allows package store permittees to ship to out-of-state consumers below their cost
§ 47 ─ TWO DRINKS AT ONCE 2021HB-06459-R000121-BA.DOCX
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Allows an alcoholic liquor permittee that sells for on-premises consumption to sell up to
two drinks at once
§§ 48 & 49 ─ MUNICIPAL OPTION
Allows municipalities to decide whether to allow alcoholic liquor (e.g., spirits, wine, and
beer) sales legislatively rather than by referendum
§ 50 ─ SEASONAL OUTDOOR OPEN-AIR PERMIT
Establishes a seasonal outdoor open-air permit that allows alcohol sales in outdoor spaces
under certain conditions
§ 51 ─ PROHIBITION ON RELABELING AS CONNECTICUT WINE
Prohibits anyone from repackaging, relabeling, or selling wine manufactured outside of
Connecticut for the purpose of selling such wine as Connecticut-made wine
§ 52 ─ PACKAGE STORE ALLOWABLE ITEMS
Allows package store permittees to sell devices and related accessories designed to access
and extract a beverage containing alcohol from a prepackaged container (e.g., pod or
pouch)
§ 53 ─ MEAD IN GIFT BASKETS
Allows gift basket retailer permittees to sell mead in their gift baskets
§ 54 ─ PROOF GALLON
Specifies that a manufacturer permit for spirits who produces less than 50,000 proof
gallons, rather than gallons, may sell sealed bottles at retail for off-premises consumption
§ 55 ─ REPEALER
Repeals obsolete provisions
EFFECTIVE DATE: July 1, 2021, unless otherwise noted.
§§ 1-24 ─ CONFORMING AND TECHNI CAL CHANGES
Makes numerous minor, technical, and conforming changes to implement the changes
from PA 19-24, including, among other things, conforming changes for the new cafe
permit
The bill makes numerous minor, technical, and conforming changes
to implement the changes from PA 19-24. Among other things, it
deletes references to obsolete permits such as airline, tavern, railroad,
golf, coliseum concession, special sporting facilities, and bowling
establishment permits that no longer exist and references the newly
structured cafe permit as applicable.
§ 8 ─ SPECIAL CLUB PERMITS
Allows cafe permittees that are nonprofit clubs to receive an additional permit to allow
alcohol sales at outdoor picnics
The bill allows cafe permittees deemed in compliance based on
being a nonprofit club to also receive a special club permit. By law, a 2021HB-06459-R000121-BA.DOCX
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special club permit allows the permittee to sell alcoholic liquor (e.g.,
spirits, wine, and beer) by the drink to be consumed at an outdoor
picnic. The Department of Consumer Protection (DCP) has full
discretion over issuing the permit based on the suitability of the place.
The special club permit fee is $50 per day and may only be granted
four times in one calendar year.
§ 15 ─ HOLDING MULTIPLE PERMITS
Allows a (1) nonprofit theater permittee to also hold a coliseum permit and (2) restaurant
or cafe permittee to also hold a newly established seasonal outdoor open-air permit
The bill allows a (1) nonprofit theater permittee to also hold a
coliseum permit and (2) restaurant or cafe permittee to also hold a
newly established seasonal outdoor open-air permit (see below, § 50).
By law, permittees and backers of one permit class are generally
prohibited from holding a permit in another class.
§ 15 ─ WHOLESALER’S HEARING REQUEST ON PR IOR
PERMITTEE’S LIQUOR OBLIGATIONS
Eliminates a wholesaler’s ability to request a hearing when a retailer permit applicant
purchases a business where a prior permittee may have had outstanding liquor obligations
By law, permit applications are not approved for a proposed change
or change in ownership of a retail permit premises unless the applicant
files an affidavit by the seller stating all obligations have been paid or
the applicant did not receive consideration from the predecessor
permittee. The bill eliminates a wholesaler’s ability to request a
hearing if he or she believes there is outstanding obligations, or the
applicant received consideration.
§ 16 ─ PACKAGE STORE INTEREST INCREASE
Increases the number, from five to six, of alcoholic beverage retail permits (e.g., package
stores) a person or backer may acquire an interest in
The bill increases the number of alcoholic beverage retail permits
(e.g., package stores) a person or backer may acquire an interest in
from five to six.
§§ 17 & 33 ─ AFFIRMED APPLICATIONS
Requires certain applications to be affirmed, rather than sworn
The bill requires certain applications to be affirmed rather than 2021HB-06459-R000121-BA.DOCX
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sworn. This applies to the following documents:
1. an application for any liquor permit or renewal (CGS § 30-39)
and
2. an affidavit signed by an applicant stating that access from the
dwelling to the proposed premises is closed for a permit to sell
alcoholic liquor in the premises in a building where part of the
building is used as a dwelling (CGS § 30-51).
Effective Date: July 1, 2021, except the liquor permit and renewal
affirmation provision is effective upon passage.
§ 22 ─ EFFECTIVE SEPARATION AND MINORS
Prohibits minors from being at certain consumer bars without a parent, guardian, or
spouse
For barrooms that consist of only one room without effective
separation between the barroom and the dining room, the bill
prohibits minors from sitting or standing at the consumer bar without
being accompanied by a parent, guardian, or spouse.
§ 25 ─ DCP ALCOHOL REGULATIONS PAMPHLET
Eliminates the option for DCP to publish a pamphlet of all alcohol regulations and instead
requires DCP to post them on its website
Current law requires DCP to publicize its alcohol regulations
biennially by either publishing a pamphlet that must be furnished
upon request or posting them on the department’s website. The bill
eliminates the option to publish a pamphlet of all alcohol regulations
and instead requires DCP to post them on its website.
§ 26 ─ COMPLAINT DISCLOSURE TIMEFRAME
Increases the time DCP can withhold investigation information, from six to 18 months
Current law allows DCP to withhold from disclosure any
complaints, inspections, or other information from an investigation
until the earlier of (1) when the investigation is completed, (2) six
months after the complaint was filed, or (3) six months after the
investigation began. The bill increases the time DCP may withhold
information related to an investigation, from six to 18 months for both 2021HB-06459-R000121-BA.DOCX
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when the complaint was filed and when the investigation began.
§ 27 ─ WHOLESALER FREE SAMPLES
Allows wholesalers to offer industry members and their own staff free samples of alcohol
they distribute
The bill allows wholesalers to offer industry members and their
own staff free samples of alcohol they distribute for tasting on the
wholesaler’s premises. Any offering, tasting, wine education and
tasting class demonstration held on the permit premises must be
conducted only during the hours a package store can operate. By law,
package stores may sell between 10:00 a.m. and 6:00 p.m. on Sundays
and 8:00 a.m. and 10:00 p.m. Monday through Saturday. Sales are also
prohibited on Thanksgiving Day, New Year’s Day, or Christmas (CGS
§ 30-91(d)).
The bill also limits the wine tastings to (1) 10 uncorked or open
bottles at any one time and (2) four times a year.
§ 28 ─ CONCESSION PE RMITTEES SERVING TWO DRINKS AT
ONCE
Allows concession permittees to sell up to two drinks at one time
The bill allows concession permittees to sell up to two drinks at one
time. Current regulations limit permittees to serving one drink at a
time (Conn. Agencies Regs., § 30-6-A24b(b)).
§ 29 ─ PROVISIONAL PERMIT TIME LIMITS
Prohibits provisional permits from being extended beyond one year
The bill prohibits provisional permits from being extended beyond
one year after the filing date. It also allows DCP, along with the Liquor
Control Commission, to issue these permits.
§§ 30 & 31 ─ DRUGGIST PERMIT ALCOHOL DEL IVERIES
Allows druggist permittees to deliver alcohol
Existing law allows druggist permittees to, among other things, sell
alcohol in containers of between eight ounces or 187.5 mL and one
quart or one liter, except beer may be sold in containers of up to 40
ounces or 1,200 mL. The bill additionally allows them to deliver
alcohol in these quantities. 2021HB-06459-R000121-BA.DOCX
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The bill also makes a technical change that substitutes the
Commission of Pharmacy with DCP as the licensing authority.
§ 32 ─ CATERER PERMIT
Specifies that caterer liquor permittees may sell and serve alcoholic liquor without food,
prohibits them from self-dealing or self-hiring in order to generate catering events, and
allows for exclusive catering contracts
The bill specifies that (1) a caterer liquor permittee may sell and
serve alcoholic liquor for on-premise consumption with or without
food at any event the permittee was hired for and (2) the service must
be done pursuant to a contract between the permittee and the hiring
party.
The bill also prohibits caterer permittees from self-dealing or self-
hiring in order to generate catering events.
Under the bill, caterer permittees may enter into an exclusive
contract with another business entity to provide catering services at a
specific venue, as long as the caterer is available for hire and uses the
permit at other venues. It prohibits the permittee, backer, or their
spouse or children from having an ownership interest in the venue that
has the exclusivity agreement.
§ 33 ─ NOTICING AND PLACARDING REQUIREME NTS
EXEMPTION
Exempts Connecticut craft cafe permittees who held a manufacturer permit for a brew pub
or a manufacturer permit for a beer and brew pub before July 1, 2020, from noticing and
placarding requirements
The bill exempts Connecticut craft cafe permittees who held a
manufacturer permit for a brew pub or a manufacturer permit for a
beer and brew pub before July 1, 2020, from the noticing and
placarding requirements. By law, applicants are generally required to
give notice of a new permit in the newspaper and place placards
visible from the road that include certain information, such as the
name and location of the business. PA 19-24 consolidated the beer
permits and established a Connecticut craft cafe permit that allows
manufacturer permittees to sell for on-premises consumption.
EFFECTIVE DATE: Upon passage 2021HB-06459-R000121-BA.DOCX
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§ 33 ─ REMONSTRANCE
Limits remonstrances to instances where the issue is not controlled by local zoning
By law, any 10 individuals who are at least age 18 may file a
remonstrance with DCP about the applicant’s suitability or proposed
place of business and DCP must hold a hearing upon the filing. The
bill limits these to instances where the issue is not controlled by local
zoning.
EFFECTIVE DATE: Upon passage
§ 33 ─ APPLICATIONS WITH NO ACTION
Allows DCP to return applications when no action has occurred in 12 months
The bill allows DCP to deem an application withdrawn and return
applications when no new permit is issued in 12 months from the
filing.
EFFECTIVE DATE: Upon passage
§§ 34, 35, 39, & 41-43 ─ FINES AND APPEALS
Specifies that the appeals of conditions placed on permits are held in accordance with the
UAPA and fines on a permit are per violation
The bill specifies that (1) permittees may appeal under the Uniform
Administrative Procedure Act (UAPA) when DCP places conditions
on the permit and (2) fines on a permit are per violation. By law, DCP
may impose a fine of up to $1,000.
The bill also specifies that final decisions to suspend or revoke
permits are under the UAPA and immediately effective.
The bill also subjects certain existing penalties to permit revocation
and suspension penalty provisions under CGS § 30-55. In doing so, it:
1. gives DCP more discretion in penalties associated with the sale
of alcohol (a) without a suggested price schedule and (b) of a
discontinued brand in a closeout sale, and
2. eliminates the possibility of up to one-year imprisonment for
illegally shipping alcoholic liquor into the state and for any 2021HB-06459-R000121-BA.DOCX
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alcoholic liquor provision with an unspecified penalty.
§ 36 ─ NOTICES
Requires notices of decisions of any revocation or suspension of any permit to be posted on
DCP’s website rather than sent to the town clerk where the permittee operates or operated
The bill requires DCP to post notice of any permit revocation or
suspension on the department’s website rather than sending a
certificate of the permit revocation, suspension, or reinstatement to the
town clerk of the town where the permittee operates or operated.
§ 37 ─ TECHNICAL CHANGE
Makes a technical change
The bill makes a technical change by removing a reference to an
obsolete position.
§§ 38 ─ CONNECTICUT UNFAIR TRADE PRACTIC ES ACT
(CUTPA)
Specifically allows CUTPA to be used in cases of unfair pricing
The bill specifically allows CUTPA to be used in cases of unfair
pricing, where a wholesaler or retail permittee sells at a price with the
intent to destroy or prevent competition.
§ 40 ─ MANUFACTURER REBATES
Prohibits (1) merchandise, novelties, or other items from being used as manufacturers’
rebates and (2) requiring alcohol purchase as a prerequisite for purchasing these items
The bill prohibits (1) merchandise, novelties, or other items from
being used as manufacturers’ rebates and (2) permittees from
requiring that alcoholic liquor be purchased for a consumer to receive
access to any merchandise, novelty, or other item.
By law, a manufacturer's rebate is the amount due and payable
according to a permittee’s offer, other than a retail permittee, to refund
a consumer for all or a portion of the alcoholic liquor product’s
purchase price.
§ 44 ─ CAFE PERMITS FOR HIGHER EDUCA TION INSTITUTIONS
Allows cafe permits to be issued to accredited higher education institutions
The bill allows cafe permits to be issued to higher education 2021HB-06459-R000121-BA.DOCX
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institutions accredited by the Board of Regents, Officer of Higher
Education, or otherwise authorized to award a degree. The permit may
be granted for the land and buildings that are subject to the care,
custody, and control of these institutions.
§ 45 ─ OUT-OF-STATE SHIPPERS
Allows out-of-state shipper permittees to sell outside of Connecticut
The bill allows out-of-state shipper permittees for alcoholic liquor
other than beer to sell alcoholic liquor to manufacturers and
wholesaler permittees outside of Connecticut.
§ 46 ─ PACKAGE STORE SHIPPING OUT-OF-STATE
Allows package store permittees to ship to out-of-state consumers below their cost
The bill allows package store permittees to ship alcoholic liquor to
out-of-state consumers for below their cost, subject to all applicable
laws of the jurisdiction where the consumer is located. “Out-of-state,”
means any U.S. territory or possession, Washington D.C., or Puerto
Rico, but not any foreign countries.
§ 47 ─ TWO DRINKS AT ONCE
Allows an alcoholic liquor permittee that sells for on-premises consumption to sell up to
two drinks at once
The bill allows an alcoholic liquor permittee that sells for on-
premises consumption to sell up to two drinks at one time. It also
requires the DCP commissioner to amend any existing regulations to
allow for two drinks. Current regulations limit permittees to serving
one drink at a time (Conn. Agencies Regs., § 30-6-A24b(b)).
§§ 48 & 49 ─ MUNICIPAL OPTION
Allows municipalities to decide whether to allow alcoholic liquor (e.g., spirits, wine, and
beer) sales legislatively rather than by referendum
The bill allows municipalities to determine whether to allow
alcoholic liquor sales or which permit types to allow through a vote of
its legislative body or, in a town with a legislative town meeting, by
vote of the board of selectmen rather than a referendum.
Under the bill, if a town made a determination before the provision
becomes effective, that action remains in effect until the town takes 2021HB-06459-R000121-BA.DOCX
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further action in accordance with the bill’s provisions.
EFFECTIVE DATE: Upon passage
§ 50 ─ SEASONAL OUTDOOR OPEN-AIR PERMIT
Establishes a seasonal outdoor open-air permit that allows alcohol sales in outdoor spaces
under certain conditions
The bill establishes a seasonal outdoor open-air permit that allows
the retail sale of alcoholic liquor for on-premises consumption with a
$2,000 permit fee. This consumption may be done on a lot, yard, green
or other outdoor open space under certain conditions, including the
following:
1. the retail sale and consumption of alcoholic liquor is allowed in
the space by applicable local zoning, health, and fire marshal
officials;
2. the permitted premises is less than one square acre;
3. a temporary fence or wall at least 30 inches high encloses the
permitted area; and
4. restrooms or enclosed portable toilets are available within the
permitted area or nearby.
The permittee must also make food available for sale to consumers
to eat on the premises while the permittee is selling the alcohol. The
food may be prepared on the premises, provided by a food truck or
caterer, or be prepackaged. The availability of menus for delivery is
deemed in compliance with the food requirement. The bill specifies
that food is not required to be purchased with an alcoholic beverage.
The bill allows tents, mobile units, and other temporary fixtures to
be included within the permitted premises. A permittee must maintain
the permitted premises in a manner consistent with all applicable local
zoning, health, and fire requirements.
The permit is effective either from April 1 to September 30 or May 1
to October 31 of the same year. DCP must issue the permit, which is 2021HB-06459-R000121-BA.DOCX
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subject to the hours a restaurant permittee may serve alcohol. By law,
restaurant permittees may generally serve alcohol from 9:00 a.m. to
1:00 a.m. the next morning on Monday through Thursday, from 9:00
a.m. to 2:00 a.m. the next morning for Friday and Saturday, and 10:00
a.m. to 1:00 a.m. the next morning on Sunday (CGS § 30-91(a)).
Under the bill, the permit is not renewable and there is no
provisional permit available. It also only allows backers to only apply
for one permit a calendar year. The bill exempts the permittee from the
remonstrance requirements.
The bill also allows the permittee to sell draught beer for off-
premises consumption (i.e., by the growler). Permittees may only sell
up to four liters per person per day during the hours package stores
can sell. By law, package stores may sell between 10:00 a.m. and 6:00
p.m. on Sundays and 8:00 a.m. and 10:00 p.m. Monday through
Saturday.
§ 51 ─ PROHIBITION ON RELABELING AS CONN ECTICUT WINE
Prohibits anyone from repackaging, relabeling, or selling wine manufactured outside of
Connecticut for the purpose of selling it as Connecticut-made wine
Notwithstanding the alcoholic liquor manufacturing, out-of-state
shipper’s, and out-of-state winery shipper’s permit statutes, the bill
prohibits anyone from repackaging, relabeling, or selling wine
manufactured outside the state for the purpose of selling it as
Connecticut-made wine.
§ 52 ─ PACKAGE STORE ALLOWABLE ITEMS
Allows package store permittees to sell devices and related accessories designed to access
and extract a beverage containing alcohol from a prepackaged container (e.g., pod or
pouch)
The bill allows package stores to sell devices and related accessories
designed primarily for accessing and extracting a beverage containing
alcohol from prepackaged containers, including pods, pouches, or
similar containers, but excluding devices that are not designed
primarily for such purposes, including, household blenders.
§ 53 ─ MEAD IN GIFT BASKETS 2021HB-06459-R000121-BA.DOCX
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Allows gift basket retailer permittees to sell mead in their gift baskets
The bill allows gift basket retailer permittees to sell mead in their
gift baskets. It requires the permittee to purchase the mead from a
package store or from a manufacturer permittee for wine, cider, and
mead. As under existing law, the mead must not be consumed on the
premises. In addition to the items a permittee may already include in a
gift basket (e.g., food items, nonalcoholic beverages, and certain
articles of clothing), the bill allows the permittee to sell gift baskets
with (1) a maximum four bottles of mead or wine per basket and (2)
mead-related drinking glasses, bottle openers, and literature.
EFFECTIVE DATE: Upon passage
§ 54 ─ PROOF GALLON
Specifies that a manufacturer permit for spirits who produces less than 50,000 proof
gallons, rather than gallons, may sell sealed bottles at retail for off-premises consumption
Under the bill, a manufacturer permittee for spirits who produces
less than 50,000 proof gallons, rather than gallons, in a calendar year
may sell sealed bottles at retail for off-premises consumption.
Depending on the proof of the manufactured spirits, this may increase
or decrease the amount a manufacturer may produce and still be able
to sell at retail (most spirits are under 50 proof, therefore this provision
will likely allow manufactures to produce additional amounts). By
law, for each consumer, these manufacturer permittees for spirits may
sell up to three liters per day but not more than five gallons in any
two-month period.
As used for the alcoholic beverage tax, “proof gallon” means the
equivalent of one wine gallon (i.e., 128 fluid ounces) at 100 proof (CGS
§ 12-433).
§ 55 ─ REPEALER
Repeals obsolete provisions
The bill repeals obsolete provisions due to PA 19-24, including one
dealing with barroom partitions and another with special sporting
facility permits.
COMMITTEE ACTION 2021HB-06459-R000121-BA.DOCX
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General Law Committee
Joint Favorable Substitute
Yea 19 Nay 0 (03/09/2021)