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Connecticut House Bill HB06459

Connecticut 2021 Regular Session

Connecticut House Bill HB06459 Compare Versions

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7-General Assembly Substitute Bill No. 6495
5+General Assembly Raised Bill No. 6459
86 January Session, 2021
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10+Referred to Committee on GENERAL LAW
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13+Introduced by:
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1419 AN ACT CONCERNING TH E DEPARTMENT OF CONS UMER
1520 PROTECTION AND REVIS IONS TO THE LIQUOR CONTROL ACT.
1621 Be it enacted by the Senate and House of Representatives in General
1722 Assembly convened:
1823
19-Section 1. Section 30-1 of the general statutes is repealed and the 1
20-following is substituted in lieu thereof (Effective July 1, 2021): 2
21-For the interpretation of this chapter, unless the context indicates a 3
22-different meaning: 4
23-(1) "Airline" means any United States airline carrier, holding a 5
24-certificate of public convenience and necessity from the Civil 6
25-Aeronautics Board under Section 401 of the Federal Aviation Act of 7
26-1958, as amended, or any foreign flag carrier, holding a permit under 8
27-Section 402 of such act. 9
28-(2) "Alcohol" means the product of distillation of any fermented 10
29-liquid, rectified either once or more often, whatever may be the origin 11
30-thereof, and includes synthetic ethyl alcohol which is considered 12
31-nonpotable. 13
32-(3) "Alcoholic liquor" or "alcoholic beverage" includes the four 14
33-varieties of liquor defined in subdivisions (2), (5), (16) and (17) of this 15
34-section (alcohol, beer, spirits and wine) and every liquid or solid, 16 Substitute Bill No. 6459
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41-patented or not, containing alcohol, spirits, wine or beer and capable of 17
42-being consumed by a human being for beverage purposes. Any liquid 18
43-or solid containing more than one of the four varieties so defined is 19
44-considered as belonging to that variety which has the higher percentage 20
45-of alcohol, according to the following order: Alcohol, spirits, wine and 21
46-beer, except as provided in subdivision [(20)] (17) of this section. The 22
47-provisions of this chapter shall not apply to any liquid or solid 23
48-containing less than one-half of one per cent of alcohol by volume. 24
49-(4) "Backer" means, except in cases where the permittee is himself the 25
50-proprietor, the proprietor of any business or club, incorporated or 26
51-unincorporated, engaged in the manufacture or sale of alcoholic liquor, 27
52-in which business a permittee is associated, whether as employee, agent 28
53-or part owner. 29
54-(5) "Beer" means any beverage obtained by the alcoholic fermentation 30
55-of an infusion or decoction of barley, malt and hops in drinking water. 31
56-(6) (A) "Case price" means the price of a container of cardboard, wood 32
57-or other material, containing units of the same size and class of alcoholic 33
58-liquor, and (B) a case of alcoholic liquor, other than beer, cordials, 34
59-cocktails, wines and prepared mixed drinks, shall be in the number and 35
60-quantity, or fewer, with the permission of the Commissioner of 36
61-Consumer Protection, of units or bottles as follows: (i) Six one thousand 37
62-seven hundred fifty milliliter bottles; (ii) twelve one liter bottles; (iii) 38
63-twelve seven hundred fifty milliliter bottles; (iv) twenty-four three 39
64-hundred seventy-five milliliter bottles; (v) forty-eight two hundred 40
65-milliliter bottles; (vi) sixty one hundred milliliter bottles; or (vii) one 41
66-hundred twenty fifty milliliter bottles, except a case of fifty milliliter 42
67-bottles may be in a number and quantity as originally configured, 43
68-packaged and sold by the manufacturer or out-of-state shipper prior to 44
69-shipment, provided such number of bottles does not exceed two 45
70-hundred. The commissioner shall not authorize fewer numbers or 46
71-quantities of units or bottles as specified in this subdivision for any one 47
72-person or entity more than eight times in any calendar year. For the 48
73-purposes of this subdivision, "class" has the same meaning as defined in 49 Substitute Bill No. 6459
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80-27 CFR 5.22 for spirits, as defined in 27 CFR 4.21 for wine, and as defined 50
81-in 27 CFR 7.24 for beer. 51
82-(7) "Charitable organization" means any nonprofit organization 52
83-organized for charitable purposes to which has been issued a ruling by 53
84-the Internal Revenue Service classifying it as an exempt organization 54
85-under Section 501(c)(3) of the Internal Revenue Code. 55
86-(8) "Coliseum" means a coliseum as defined in section 30-33a. 56
87-(9) "Commission" means the Liquor Control Commission and 57
88-"department" means the Department of Consumer Protection. 58
89-(10) "Mead" means fermented honey, with or without adjunct 59
90-ingredients or additions, regardless of alcohol content, regardless of 60
91-process, and regardless of being sparkling, carbonated or still. 61
92-(11) "Minor" means any person under twenty-one years of age. 62
93-(12) "Person" means natural person including partners but shall not 63
94-include corporations, limited liability companies, joint stock companies 64
95-or other associations of natural persons. 65
96-(13) "Proprietor" [shall include] includes all owners of businesses or 66
97-clubs, included in subdivision (4) of this section, whether such owners 67
98-are individuals, partners, joint stock companies, fiduciaries, 68
99-stockholders of corporations or otherwise, but [shall] does not include 69
100-persons or corporations who are merely creditors of such businesses or 70
101-clubs, whether as note holders, bond holders, landlords or franchisors. 71
102-(14) "Dining room" means a room or rooms in premises operating 72
103-under a hotel permit, hotel beer permit, restaurant permit, restaurant 73
104-permit for beer or cafe permit issued pursuant to subsection (j) or (k) of 74
105-section 30-22a, where meals are customarily served, within the room or 75
106-rooms, to any member of the public who has means of payment and 76
107-proper demeanor. 77 Substitute Bill No. 6459
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114-(15) "Restaurant" means a restaurant, as defined in section 30-22. 78
115-(16) "Spirits" means any beverage that contains alcohol obtained by 79
116-distillation mixed with drinkable water and other substances in 80
117-solution, including brandy, rum, whiskey and gin. 81
118-(17) "Wine" means any alcoholic beverage obtained by the 82
119-fermentation of the natural sugar content of fruits, such as grapes or 83
120-apples or other agricultural products, containing sugar, including 84
121-fortified wines such as port, sherry and champagne. 85
122-(18) "Nonprofit public television corporation" means a nonprofit 86
123-public television corporation, as defined in section 30-37d. 87
124-Sec. 2. Section 30-12 of the general statutes is repealed and the 88
125-following is substituted in lieu thereof (Effective July 1, 2021): 89
126-When any town has so voted upon the question of liquor permits, any 90
127-liquor permit granted in such town which is not in accordance with such 91
128-vote shall be void except manufacturer permits [, railroad permits and 92
129-golf country club] and cafe permits issued pursuant to subsections (g) 93
130-and (k) of section 30-22a. 94
131-Sec. 3. Section 30-13a of the general statutes is repealed and the 95
132-following is substituted in lieu thereof (Effective July 1, 2021): 96
133-In any case in which a town has, under the provisions of this part, 97
134-acted, prior to October 1, 1965, to prohibit the sale of alcoholic liquor or 98
135-restrict such sale to beer only, such action shall not apply to the sale of 99
136-alcoholic liquor under a [golf country club] cafe permit issued pursuant 100
137-to subsection (g) of section 30-22a, except that the granting of any such 101
138-permit by the Department of Consumer Protection shall be subject to the 102
139-provisions of section 30-25a, as amended by this act. [provided any such 103
140-permit issued prior to October 1, 1973, shall be subject to the provisions 104
141-of said section 30-25a only if the holder fails to renew such permit or it 105
142-is revoked by the department for cause.] 106 Substitute Bill No. 6459
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149-Sec. 4. Subsection (a) of section 30-14 of the general statutes is 107
150-repealed and the following is substituted in lieu thereof (Effective July 1, 108
151-2021): 109
152-(a) A permit shall be a purely personal privilege that expires 110
153-annually, except a permit issued under sections 30-25, as amended by 111
154-this act, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, and revocable in the 112
155-discretion of the Department of Consumer Protection subject to appeal 113
156-as provided in section 30-55, as amended by this act. A permit shall not 114
157-constitute property, nor shall it be subject to attachment and execution, 115
158-nor shall it be alienable, except that it shall descend to the estate of a 116
159-deceased permittee by the laws of testate or intestate succession. [A 117
160-railroad permit or an] An airline permit or a cafe permit issued pursuant 118
161-to subsection (k) of section 30-22a shall be granted to the [railroad 119
162-corporation or] airline corporation or railway corporation and not to any 120
163-person, and the corporation shall be the permittee. 121
164-Sec. 5. Subsection (b) of section 30-22c of the general statutes is 122
165-repealed and the following is substituted in lieu thereof (Effective July 1, 123
166-2021): 124
167-(b) The holder of a cafe permit issued pursuant to subsection (a) of 125
168-section 30-22a may operate a juice bar or similar facility at a permit 126
169-premises if the juice bar or similar facility is limited to a room or rooms 127
170-or separate area within the permit premises wherein there is no sale, 128
171-consumption, dispensing or presence of alcoholic liquor. 129
172-Sec. 6. Section 30-24 of the general statutes is repealed and the 130
173-following is substituted in lieu thereof (Effective July 1, 2021): 131
174-Spouses of members of any club or golf country club which holds a 132
175-permit under [the provisions of this chapter] subsection (g) or (h) of 133
176-section 30-22a may be allowed to participate in all of the privileges of 134
177-[said] such club or golf country club, by vote of [said] such members, 135
178-and shall not be considered guests for purposes of the general statutes 136
179-or regulations of the Department of Consumer Protection. 137 Substitute Bill No. 6459
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186-Sec. 7. Section 30-24b of the general statutes is repealed and the 138
187-following is substituted in lieu thereof (Effective July 1, 2021): 139
188-Auxiliary members who are spouses of members or surviving 140
189-spouses of former deceased members of any club specified in 141
190-subsections (g) to (i), inclusive, of section 30-22a which holds a permit 142
191-under the provisions of this chapter may be allowed to participate in all 143
192-the privileges of such club, by vote of such club members and shall not 144
193-be considered guests for purposes of the general statutes or regulations 145
194-of the Department of Consumer Protection. 146
195-Sec. 8. Section 30-25 of the general statutes is repealed and the 147
196-following is substituted in lieu thereof (Effective July 1, 2021): 148
197-(a) A special club permit shall allow the sale of alcoholic liquor by the 149
198-drink at retail to be consumed at the grounds of an outdoor picnic 150
199-conducted by a club or golf country club. Such permits shall be issued 151
200-only to holders of [club or golf country club] cafe permits issued 152
201-pursuant to subsections (g) to (i), inclusive, of section 30-22a and shall 153
202-be issued on a daily basis subject to the hours of sale in section 30-91, as 154
203-amended by this act, and shall be the same as provided therein for clubs 155
204-and golf country clubs. The exception that applies to [railroad and boat] 156
205-cafe permits issued pursuant to subsections (j) and (k) of section 30-22a 157
206-that is set forth in section 30-48, as amended by this act, shall apply to 158
207-such a special club permit. No such club or golf country club shall be 159
208-granted more than four such special club permits during any one 160
209-calendar year. 161
210-(b) The Department of Consumer Protection shall have full discretion 162
211-in the issuance of such special club permits as to suitability of place and 163
212-may [make] adopt any regulations, in accordance with the provisions of 164
213-chapter 54, with respect thereto. 165
214-(c) The fee for such a special club permit shall be fifty dollars per day. 166
215-Sec. 9. Section 30-25a of the general statutes is repealed and the 167
216-following is substituted in lieu thereof (Effective July 1, 2021): 168 Substitute Bill No. 6459
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223-Notwithstanding any provision of part III of this chapter, but subject 169
224-to the approval by referendum of the municipality wherein the golf club 170
225-is located, a [club] cafe permit, as specified in subsection (g) of section 171
226-30-22a, shall be granted by the Department of Consumer Protection, in 172
227-the manner provided in section 30-39, as amended by this act, to any 173
228-golf club which has been in existence as a bona fide organization for at 174
229-least five years and which maintains a golf course of not less than 175
230-eighteen holes and a course length of at least fifty-five hundred yards, 176
231-and a club house with full facilities, including locker rooms, a restaurant 177
232-and a lounge, to serve only members and their guests, but no outside 178
233-parties or groups of nonmembers. The cost of such referendum shall be 179
234-borne by such golf club. 180
235-Sec. 10. Section 30-37f of the general statutes is repealed and the 181
236-following is substituted in lieu thereof (Effective July 1, 2021): 182
237-(a) Notwithstanding the provisions of any general statute or 183
238-regulation to the contrary, (1) the state of Connecticut, as owner or lessor 184
239-of premises at Bradley International Airport, shall be permitted to enter 185
240-into an arrangement with any concessionaire or lessee holding a permit 186
241-or permits at Bradley International Airport, and receive payments from 187
242-such concessionaire or lessee, without regard to the level or percentage 188
243-of gross receipts from the gross sales of alcoholic liquor by such 189
244-concessionaire or lessee; (2) any person may be a permittee for more 190
245-than one [airport permit or class of airport permit] cafe permit issued 191
246-pursuant to subsection (d) of section 30-22a; and (3) any area subject to 192
247-a permit in Bradley International Airport that is contiguous to or within 193
248-any concourse area shall not be required to provide a single point of 194
249-egress or ingress or to effectively separate the bar area or any dining 195
250-area from the concourse area by means of partitions, fences, or doors, 196
251-provided that a permittee of such area may be required by the 197
252-Department of Consumer Protection to provide a barrier to separate the 198
253-back bar area from the concourse area to prevent public access to the 199
254-portion of the back bar area from which liquor is dispensed, if physically 200
255-practicable. 201 Substitute Bill No. 6459
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262-(b) Sections 30-9 to 30-13a, inclusive, as amended by this act, section 202
263-30-23, subdivision (2) of subsection (b) of section 30-39, as amended by 203
264-this act, subsection (c) of section 30-39, as amended by this act, and 204
265-sections 30-44, 30-46, as amended by this act, 30-48a, as amended by this 205
266-act, and 30-91a, as amended by this act, shall not apply to [any class of 206
267-airport permit] a cafe permit issued pursuant to subsection (d) of section 207
268-30-22a. 208
269-Sec. 11. Section 30-38 of the general statutes is repealed and the 209
270-following is substituted in lieu thereof (Effective July 1, 2021): 210
271-Each permit granted under the provisions of [section] sections 30-16, 211
272-as amended by this act, 30-17, as amended by this act, 30-20, as amended 212
273-by this act, [30-20a,] 30-21, 30-21b, 30-22, 30-22a, as amended by this act, 213
274-[30-23, 30-24a, 30-26, 30-28,] 30-28a, [30-29,] 30-33a [, 30-33b,] and 30-36, 214
275-as amended by this act, [30-37c or 30-37e,] shall also, under the 215
276-regulations of the Department of Consumer Protection, allow the 216
277-storage, on the premises and at one other secure location registered with 217
278-and approved by the department, of sufficient quantities of alcoholic 218
279-liquor respectively allowed to be sold under such permits as may be 219
280-necessary for the business conducted by the respective permittees or 220
281-their backers; but no such permit shall be granted under the provisions 221
282-of section 30-16 or 30-17, as amended by this act, unless such storage 222
283-facilities are provided and the place of storage receives the approval of 223
284-the department as to suitability, and thereafter no place of storage shall 224
285-be changed nor any new place of storage utilized without the approval 225
286-of the department. 226
287-Sec. 12. Section 30-45 of the general statutes is repealed and the 227
288-following is substituted in lieu thereof (Effective July 1, 2021): 228
289-The Department of Consumer Protection shall refuse permits for the 229
290-sale of alcoholic liquor to the following persons: (1) Any state marshal, 230
291-judicial marshal, judge of any court, prosecuting officer or member of 231
292-any police force, (2) a minor, and (3) any constable who performs 232
293-criminal law enforcement duties and is considered a peace officer by 233 Substitute Bill No. 6459
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300-town ordinance pursuant to the provisions of subsection (a) of section 234
301-54-1f, any constable who is certified under the provisions of sections 7-235
302-294a to 7-294e, inclusive, who performs criminal law enforcement duties 236
303-pursuant to the provisions of subsection (c) of section 54-1f, or any 237
304-special constable appointed pursuant to section 7-92. This section shall 238
305-not apply to out-of-state shippers' [, boat] permits, cafe permits issued 239
306-pursuant to subsection (j) of section 30-22a and airline permits. As used 240
307-in this section, "minor" means a minor, as defined in section 1-1d or as 241
308-defined in section 30-1, as amended by this act, whichever age is older. 242
309-Sec. 13. Section 30-46 of the general statutes is repealed and the 243
310-following is substituted in lieu thereof (Effective July 1, 2021): 244
311-(a) The Department of Consumer Protection may, except as to a store 245
312-engaged chiefly in the sale of groceries, in its discretion, suspend, revoke 246
313-or refuse to grant or renew a permit for the sale of alcoholic liquor if it 247
314-has reasonable cause to believe: (1) That the proximity of the permit 248
315-premises will have a detrimental effect upon any church, public or 249
316-parochial school, convent, charitable institution, whether supported by 250
317-private or public funds, hospital or veterans' home or any camp, 251
318-barracks or flying field of the armed forces; (2) that such location is in 252
319-such proximity to a no-permit town that it is apparent that the applicant 253
320-is seeking to obtain the patronage of such town; (3) that the number of 254
321-permit premises in the locality is such that the granting of a permit is 255
322-detrimental to the public interest, and, in reaching a conclusion in this 256
323-respect, the department may consider the character of, the population 257
324-of, the number of like permits and number of all permits existent in, the 258
325-particular town and the immediate neighborhood concerned, the effect 259
326-which a new permit may have on such town or neighborhood or on like 260
327-permits existent in such town or neighborhood; (4) that the place has 261
328-been conducted as a lewd or disorderly establishment; (5) that the 262
329-backer does not have a right to occupy the permit premises; (6) that 263
330-drive-up sales of alcoholic liquor are being made at the permit premises; 264
331-or (7) that there is any other reason as provided by state or federal law 265
332-or regulation which warrants such refusal. 266 Substitute Bill No. 6459
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339-(b) (1) The existence of a coliseum permit [or a coliseum concession 267
340-permit] shall not be a factor to be taken into consideration under 268
341-subdivision (3) of subsection (a) of this section. (2) The provisions of 269
342-subdivisions (1), (2) and (3) of subsection (a) of this section shall not 270
343-apply to the granting of a coliseum permit. [or a coliseum concession 271
344-permit. (3) The provisions of subdivisions (1), (2), (3), (5) and (6) of 272
345-subsection (a) of this section shall not apply to the granting of any 273
346-special sporting facility permit provided for in section 30-33b.] 274
347-[(c) Alcoholic liquor may be sold at retail for consumption within a 275
348-special sporting facility only under the permits provided for in section 276
349-30-33b. The number of permits of any class, the location where alcoholic 277
350-liquor is to be sold under any such permit, the number of locations to be 278
351-operated under a special sporting facility concession permit, and the 279
352-areas within such facility where alcoholic liquor may be consumed shall 280
353-be determined by the Department of Consumer Protection in its 281
354-discretion.] 282
355-Sec. 14. Section 30-46a of the general statutes is repealed and the 283
356-following is substituted in lieu thereof (Effective July 1, 2021): 284
357-The issuance of a coliseum permit [or a coliseum concession permit, 285
358-or both,] shall not prohibit the issuance of a restaurant permit permitted 286
359-under this chapter for a restaurant within a coliseum. 287
360-Sec. 15. Section 30-48 of the general statutes is repealed and the 288
361-following is substituted in lieu thereof (Effective July 1, 2021): 289
362-(a) No backer or permittee of one permit class shall be a backer or 290
363-permittee of any other permit class except in the case of [any class of 291
364-airport, railroad, airline and boat permits,] cafe permits issued pursuant 292
365-to subsection (d), (j) or (k) of section 30-22a and except that: (1) A backer 293
366-of a hotel or restaurant permit may be a backer of both such classes; (2) 294
367-a holder or backer of a restaurant permit or a cafe permit issued 295
368-pursuant to subsection (a) of section 30-22a may be a holder or backer 296
369-of any other or all of such classes; (3) a holder or backer of a restaurant 297 Substitute Bill No. 6459
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376-permit may be a holder or backer of a [bowling establishment] cafe 298
377-permit issued pursuant to subsection (f) of section 30-22a; (4) a backer 299
378-of a restaurant permit may be a backer of a coliseum permit [or a 300
379-coliseum concession permit, or both,] when such restaurant is within a 301
380-coliseum; (5) a backer of a hotel permit may be a backer of a coliseum 302
381-permit; [or a coliseum concession permit, or both; (6) a backer of a 303
382-coliseum permit may be a backer of a coliseum concession permit; (7) a 304
383-backer of a coliseum concession permit may be a backer of a coliseum 305
384-permit; (8)] (6) a backer of a grocery store beer permit may be a backer 306
385-of a package store permit if such was the case on or before May 1, 1996; 307
386-[(9)] (7) a backer of a [university] cafe permit issued pursuant to 308
387-subsection (m) of section 30-22a, as amended by this act, may be a backer 309
388-of a nonprofit theater permit; [(10)] (8) a backer of a nonprofit theater 310
389-permit may be a holder or backer of a hotel permit or a coliseum permit; 311
390-[(11) a holder or backer of a restaurant permit may be a holder or backer 312
391-of a special outing facility permit; (12)] (9) a backer of a concession 313
392-permit may be a backer of a coliseum permit; [or a coliseum concession 314
393-permit, or both; (13)] (10) a holder of an out-of-state winery shipper's 315
394-permit for wine may be a holder of an in-state transporter's permit or an 316
395-out-of-state entity wine festival permit issued pursuant to section 30-317
396-37m, or of both such permits; [(14)] (11) a holder of an out-of-state 318
397-shipper's permit for alcoholic liquor other than beer may be a holder of 319
398-an in-state transporter's permit; [(15)] (12) a holder of a manufacturer 320
399-permit for a farm winery or the holder of a manufacturer permit for 321
400-wine, cider and mead may be a holder of an in-state transporter's permit, 322
401-a wine festival permit issued pursuant to section 30-37l, a farmers' 323
402-market sales permit issued pursuant to subsection (a) of section 30-37o, 324
403-an off-site farm winery sales and tasting permit issued pursuant to 325
404-section 30-16a or of any combination of such permits; [(16)] (13) a holder 326
405-of a manufacturer permit for beer may be a holder of a farmers' market 327
406-sales permit issued pursuant to section 30-37o; [. Any person may be a 328
407-permittee of more than one permit; and (17)] (14) the holder of a 329
408-manufacturer permit for spirits, a manufacturer permit for beer, a 330
409-manufacturer permit for a farm winery or a manufacturer permit for 331
410-wine, cider and mead may be a holder of a Connecticut craft cafe permit, 332 Substitute Bill No. 6459
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417-a restaurant permit or a restaurant permit for wine and beer; and (15) 333
418-the holder of a restaurant permit or a cafe permit may be the holder of a 334
419-seasonal outdoor open-air permit issued pursuant to section 50 of this 335
420-act. Any person may be a permittee of more than one permit. No holder 336
421-of a manufacturer permit for a brew pub and no spouse or child of such 337
422-holder may be a holder or backer of more than three restaurant permits 338
423-or cafe permits. 339
424-(b) No permittee or backer thereof and no employee or agent of such 340
425-permittee or backer shall borrow money or receive credit in any form 341
426-for a period in excess of thirty days, directly or indirectly, from any 342
427-manufacturer permittee, or backer thereof, or from any wholesaler 343
428-permittee, or backer thereof, of alcoholic liquor or from any member of 344
429-the family of such manufacturer permittee or backer thereof or from any 345
430-stockholder in a corporation manufacturing or wholesaling such liquor, 346
431-and no manufacturer permittee or backer thereof or wholesaler 347
432-permittee or backer thereof or member of the family of either of such 348
433-permittees or of any such backer, and no stockholder of a corporation 349
434-manufacturing or wholesaling such liquor shall lend money or 350
435-otherwise extend credit, directly or indirectly, to any such permittee or 351
436-backer thereof or to the employee or agent of any such permittee or 352
437-backer. A wholesaler permittee or backer, or a manufacturer permittee 353
438-or backer, that has not received payment in full from a retailer permittee 354
439-or backer within thirty days after the date such credit was extended to 355
440-such retailer or backer or to an employee or agent of any such retailer or 356
441-backer, shall give a written notice of obligation to such retailer within 357
442-the five days following the expiration of the thirty-day period of credit. 358
443-The notice of obligation shall state: The amount due; the date credit was 359
444-extended; the date the thirty-day period ended, and that the retailer is 360
445-in violation of this section. A retailer who disputes the accuracy of the 361
446-"notice of obligation" shall, within the ten days following the expiration 362
447-of the thirty-day period of credit, give a written response to notice of 363
448-obligation to the department and give a copy to the wholesaler or 364
449-manufacturer who sent the notice. The response shall state the retailer's 365
450-basis for dispute and the amount, if any, admitted to be owed for more 366 Substitute Bill No. 6459
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457-than thirty days; the copy forwarded to the wholesaler or manufacturer 367
458-shall be accompanied by the amount admitted to be due, if any, and 368
459-such payment shall be made and received without prejudice to the 369
460-rights of either party in any civil action. Upon receipt of the retailer's 370
461-response, the chairman of the commission or such chairman's designee 371
462-shall conduct an informal hearing with the parties being given equal 372
463-opportunity to appear and be heard. If the chairman or such chairman's 373
464-designee determines that the notice of obligation is accurate, the 374
465-department shall forthwith issue an order directing the wholesaler or 375
466-manufacturer to promptly give all manufacturers and wholesalers 376
467-engaged in the business of selling alcoholic liquor to retailers in this 377
468-state, a "notice of delinquency". The notice of delinquency shall identify 378
469-the delinquent retailer, and state the amount due and the date of the 379
470-expiration of the thirty-day credit period. No wholesaler or 380
471-manufacturer receiving a notice of delinquency shall extend credit by 381
472-the sale of alcoholic liquor or otherwise to such delinquent retailer until 382
473-after the manufacturer or wholesaler has received a "notice of 383
474-satisfaction" from the sender of the notice of delinquency. If the 384
475-chairman or such chairman's designee determines that the notice of 385
476-obligation is inaccurate, the department shall forthwith issue an order 386
477-prohibiting a notice of delinquency. The party for whom the 387
478-determination by the chairman or such chairman's designee was 388
479-adverse, shall promptly pay to the department a part of the cost of the 389
480-proceedings as determined by the chairman or such chairman's 390
481-designee, which shall not be less than fifty dollars. The department may 391
482-suspend or revoke the permit of any permittee who, in bad faith, gives 392
483-an incorrect notice of obligation, an incorrect response to notice of 393
484-obligation, or an unauthorized notice of delinquency. If the department 394
485-does not receive a response to the notice of obligation within such ten-395
486-day period, the delinquency shall be deemed to be admitted and the 396
487-wholesaler or manufacturer who sent the notice of obligation shall, 397
488-within the three days following the expiration of such ten-day period, 398
489-give a notice of delinquency to the department and to all wholesalers 399
490-and manufacturers engaged in the business of selling alcoholic liquor to 400
491-retailers in this state. A notice of delinquency identifying a retailer who 401 Substitute Bill No. 6459
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498-does not file a response within such ten-day period shall have the same 402
499-effect as a notice of delinquency given by order of the chairman or such 403
500-chairman's designee. A wholesaler permittee or manufacturer permittee 404
501-that has given a notice of delinquency and that receives full payment for 405
502-the credit extended, shall, within three days after the date of full 406
503-payment, give a notice of satisfaction to the department and to all 407
504-wholesalers and manufacturers to whom a notice of delinquency was 408
505-sent. The prohibition against extension of credit to such retailer shall be 409
506-void upon such full payment. The department may revoke or suspend 410
507-any permit for a violation of this section. An appeal from an order of 411
508-revocation or suspension issued in accordance with this section may be 412
509-taken in accordance with section 30-60. 413
510-(c) If there is a proposed change or change in ownership of a retail 414
511-permit premises, no application for a permit shall be approved until the 415
512-applicant files with the department an affidavit executed by the seller of 416
513-the retail permit premises stating that all obligations of the predecessor 417
514-permittee for the purchase of alcoholic liquor at such permit premises 418
515-have been paid or that such applicant did not receive direct or indirect 419
516-consideration from the predecessor permittee. [If a wholesaler permittee 420
517-alleges the applicant received direct or indirect consideration from the 421
518-predecessor permittee or that there remain outstanding liquor 422
519-obligations, such wholesaler permittee may file with the department an 423
520-affidavit, along with supporting documentation to establish receipt of 424
521-such consideration or outstanding liquo r obligations. The 425
522-Commissioner of Consumer Protection, in the commissioner's sole 426
523-discretion, shall determine whether a hearing is warranted on such 427
524-allegations.] The commissioner may waive the requirement of such 428
525-seller's affidavit upon finding that (1) the predecessor permittee 429
526-abandoned the premises prior to the filing of the application, and (2) 430
527-such permittee did not receive any consideration, direct or indirect, for 431
528-such permittee's abandonment. For the purposes of this subsection, 432
529-"consideration" means the receipt of legal tender or goods or services for 433
530-the purchase of alcoholic liquor remaining on the premises of the 434
531-predecessor permittee, for which bills remain unpaid. 435 Substitute Bill No. 6459
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538-(d) A permittee may file a designation of an authorized agent with 436
539-the department to issue or receive all notices or documents provided for 437
540-in this section. The permittee shall be responsible for the issuance or 438
541-receipt of such notices or documents by the agent. 439
542-(e) The period of credit permitted under this section shall be 440
543-calculated as the time elapsing between the date of receipt of the 441
544-alcoholic liquors by the purchaser and the date of full legal discharge of 442
545-the purchaser through the payment of cash or its equivalent from all 443
546-indebtedness arising from the transaction except that, if the last day for 444
547-payment falls on a Saturday, Sunday or legal holiday, the last day for 445
548-payment shall then be the next business day. 446
549-Sec. 16. Subsections (a) to (c), inclusive, of section 30-48a of the 447
550-general statutes are repealed and the following is substituted in lieu 448
551-thereof (Effective July 1, 2021): 449
552-(a) No person, and no backer, as defined in section 30-1, as amended 450
553-by this act, shall, except as provided in this section, acquire an interest 451
554-in more than four alcoholic beverage retail permits, except that on and 452
555-after July 1, [2016] 2021, such person or backer may acquire an interest 453
556-in no more than [five] six alcoholic beverage retail permits, but nothing 454
557-in this section shall (1) require any such person who had, on June 8, 1981, 455
558-such interest in more than two such permits to surrender, dispose of or 456
559-release his or her interest in any such permit or permits nor shall it affect 457
560-his or her right to continue to hold, use and renew such permits, or (2) 458
561-prohibit any such person who had, on June 8, 1981, such interest in more 459
562-than two such permits from transferring his or her interest in such 460
563-permits by inter vivos or testamentary disposition, including living 461
564-trusts, to his or her spouse or child, or such spouse's or child's living 462
565-trust or prohibit such spouse or child from accepting such a transfer 463
566-notwithstanding that such spouse or child may already hold another 464
567-permit issued under the provisions of this chapter. Any such permit so 465
568-transferred may be renewed by such transferee under the provisions of 466
569-section 30-14a. Except as provided in subdivision (1) of this subsection, 467
570-a person shall be deemed to acquire an interest in a retail permit if an 468 Substitute Bill No. 6459
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577-interest is owned by such person, such person's spouse, children, 469
578-partners, or an estate, trust, or corporation controlled by such person or 470
579-such person's spouse, children, or any combination thereof. The 471
580-provisions of this subsection shall apply to any such interest without 472
581-regard to whether such interest is a controlling interest. For the purposes 473
582-of this subsection, "person" means (A) an individual, (B) a corporation 474
583-or any subsidiary of a corporation, or (C) any combination of 475
584-corporations or individuals any of whom, or any combination of whom, 476
585-owns or controls, directly or indirectly, more than five per cent of any 477
586-entity which is a backer, as defined in [said] section 30-1, as amended by 478
587-this act. 479
588-(b) A retail permit, for the purposes of subsection (a) of this section, 480
589-means a package store liquor permit or a druggist liquor permit. 481
590-(c) Membership in any organization which is or may become the 482
591-holder of a [club] cafe permit issued pursuant to subsection (h) of section 483
592-30-22a shall not constitute acquisition of an interest in a retail permit. 484
593-Sec. 17. Section 30-51 of the general statutes is repealed and the 485
594-following is substituted in lieu thereof (Effective July 1, 2021): 486
595-[(a)] No permit may be issued for the sale of alcoholic liquor in any 487
596-building, a portion of which will not be used as the permit premises, 488
597-unless the application therefor is accompanied by an affidavit signed 489
598-and [sworn to] affirmed by the applicant, stating that access from the 490
599-portion of the building that will not be used as the permit premises to 491
600-the portion of the building that will be used as the permit premises is 492
601-effectually closed, unless the Department of Consumer Protection 493
602-endorses upon such application that it has dispensed with such affidavit 494
603-for reasons considered by it good and satisfactory and also endorses 495
604-thereon such reasons. If any way of access from the other portion of such 496
605-building to the portion used as the permit premises is opened, after such 497
606-permit is issued, without the consent of the Department of Consumer 498
607-Protection endorsed on such permit, such permit shall thereupon 499
608-become and be forfeited, with or without notice from the Department of 500 Substitute Bill No. 6459
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615-Consumer Protection, and shall be null and void. If such applicant or 501
616-any permittee or any backer thereof opens, causes to be opened, permits 502
617-to be opened or allows to remain open, at any time during the term for 503
618-which such permit is issued, any way of access from any portion of a 504
619-building not part of the permit premises to any other portion of such 505
620-building that is the permit premises, without the written consent of the 506
621-Department of Consumer Protection endorsed on such permit, such 507
622-persons or backers shall be subject to the penalties provided in section 508
623-30-113, as amended by this act. The Department of Consumer Protection 509
624-shall require every applicant for a permit to sell alcoholic liquor to state 510
625-under oath whether any portion of the building in which it is proposed 511
626-to carry on such business will not be used as the permit premises; and, 512
627-if so, [said] the Department of Consumer Protection shall appoint a 513
628-suitable person to examine the premises and to see that any and all 514
629-access between the portion so to be used for the sale of alcoholic liquor 515
630-and the portion not so used is effectually closed, and may designate the 516
631-manner of such closing, and, if necessary, order seals to be placed so that 517
632-such way of access cannot be opened without breaking the seals, and 518
633-the breaking or removal of such seals or other methods of preventing 519
634-access, so ordered and provided, shall be prima facie evidence of a 520
635-violation of this section. The above provisions shall not apply to any 521
636-premises operating under a hotel permit. [, or any premises operating 522
637-under a restaurant permit, which premises are located in or attached to 523
638-a motel, and shall not apply to any entrance to a building in which is 524
639-located premises operating under a tavern permit, which entrance 525
640-opens into the rear or side yard of such tavern premises and is used 526
641-solely as an emergency exit or for the delivery of goods to, or carrying 527
642-or conveying goods from, any permit premises.] 528
643-[(b) "Motel" means every building or other structure kept, used, 529
644-maintained, advertised or held out to the public to be a place where 530
645-sleeping accommodations are offered for pay to transient guests, 531
646-usually, but not limited to, motorists, but is not a place where food is 532
647-served at all times or where kitchen and dining room facilities 533
648-necessarily exist.] 534 Substitute Bill No. 6459
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655-Sec. 18. Section 30-53 of the general statutes is repealed and the 535
656-following is substituted in lieu thereof (Effective July 1, 2021): 536
657-Each permit granted or renewed by the Department of Consumer 537
658-Protection shall be of no effect until a duplicate thereof has been filed by 538
659-the permittee with the town clerk of the town within which the club or 539
660-place of business described in such permit is situated; provided the 540
661-place of filing of [railroad and boat permits] a cafe permit issued 541
662-pursuant to subsection (j) or (k) of section 30-22a shall be the office of 542
663-the town clerk of the town of New Haven, and airline permits, the office 543
664-of the town clerk of the town of Hartford. The fee for such filing shall be 544
665-twenty dollars. 545
666-Sec. 19. Section 30-54 of the general statutes is repealed and the 546
667-following is substituted in lieu thereof (Effective July 1, 2021): 547
668-Every permittee, other than a corporation holding a [railroad or 548
669-airline permit] cafe permit issued pursuant to subsection (k) of section 549
670-30-22a, shall cause his or her permit or a duplicate thereof to be framed 550
671-and hung in plain view in a conspicuous place in any room where the 551
672-sales so permitted are to be carried on. 552
673-Sec. 20. Subsection (b) of section 30-68l of the general statutes is 553
674-repealed and the following is substituted in lieu thereof (Effective July 1, 554
675-2021): 555
676-(b) Subject to prior approval from the manufacturer or out-of-state 556
677-shipper, a wholesaler may sell to a retail licensee a [nonuniform] family 557
678-brand case, containing bottles only of one family brand. Wholesalers 558
679-who do not hold exclusive rights to a given brand trademark may also 559
680-sell to a retail licensee a [nonuniform] family brand case containing 560
681-bottles only of one family brand, provided all of the bottles in such 561
682-[nonuniform] family brand case are available to all nonexclusive 562
683-wholesalers who also have rights to the given brand trademarks. For 563
684-purposes of this subsection, "family brand" [means a group of different 564
685-products belonging to a single brand that are marketed under a parent 565 Substitute Bill No. 6459
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692-brand] has the same meaning as provided in subsection (d) of section 566
693-30-63. 567
694-Sec. 21. Section 30-81 of the general statutes is repealed and the 568
695-following is substituted in lieu thereof (Effective July 1, 2021): 569
696-No person who is, by statute or regulation, declared to be an 570
697-unsuitable person to hold a permit to sell alcoholic liquor shall be 571
698-allowed to have a financial interest in any such permit business. Except 572
699-as provided in section 30-90a, no minor shall be employed in any 573
700-premises operating under a [tavern] cafe permit in any capacity or in 574
701-handling any alcoholic liquor upon, in delivering any alcoholic liquor 575
702-to, or in carrying or conveying any alcoholic liquor from, any permit 576
703-premises. 577
704-Sec. 22. Section 30-90 of the general statutes is repealed and the 578
705-following is substituted in lieu thereof (Effective July 1, 2021): 579
706-Any permittee who, by himself, his servant or agent, permits any 580
707-minor or any person to whom the sale or gift of alcoholic liquor has been 581
708-forbidden according to law to loiter on his premises where such liquor 582
709-is kept for sale, or allows any minor other than a person over age 583
710-eighteen who is an employee or permit holder under section 30-90a or a 584
711-minor accompanied by his parent or guardian, to be in any room where 585
712-alcoholic liquor is served at any bar, shall be subject to the penalties of 586
713-section 30-113, as amended by this act. For barrooms consisting of only 587
714-one room and for premises without effective separation between a 588
715-barroom and a dining room, no minor may sit or stand at a consumer 589
716-bar without being accompanied by a parent, guardian or spouse. 590
717-Sec. 23. Section 30-91 of the general statutes is repealed and the 591
718-following is substituted in lieu thereof (Effective July 1, 2021): 592
719-(a) The sale or the dispensing or consumption or the presence in 593
720-glasses or other receptacles suitable to permit the consumption of 594
721-alcoholic liquor by an individual in places operating under hotel 595
722-permits, restaurant permits, cafe permits, Connecticut craft cafe permits, 596 Substitute Bill No. 6459
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729-restaurant permits for catering establishments, [bowling establishment 597
730-permits, racquetball facility permits, club permits,] coliseum permits, 598
731-[coliseum concession permits, special sporting facility restaurant 599
732-permits, special sporting facility employee recreational permits, special 600
733-sporting facility guest permits, special sporting facility concession 601
734-permits, special sporting facility bar permits, golf country club permits,] 602
735-nonprofit public museum permits, [university permits, airport 603
736-restaurant permits, airport bar permits, airport airline club permits, 604
737-tavern permits,] manufacturer permits for beer, casino permits, caterer 605
738-liquor permits and charitable organization permits shall be unlawful on: 606
739-(1) Monday, Tuesday, Wednesday, Thursday and Friday between the 607
740-hours of one o'clock a.m. and nine o'clock a.m.; (2) Saturday between the 608
741-hours of two o'clock a.m. and nine o'clock a.m.; (3) Sunday between the 609
742-hours of two o'clock a.m. and ten o'clock a.m.; (4) Christmas, except (A) 610
743-for alcoholic liquor that is served where food is also available during the 611
744-hours otherwise permitted by this section for the day on which 612
745-Christmas falls, and (B) by casino permittees at casinos, as defined in 613
746-section 30-37k; and (5) January first between the hours of three o'clock 614
747-a.m. and nine o'clock a.m., except that on any Sunday that is January 615
748-first the prohibitions of this section shall be between the hours of three 616
749-o'clock a.m. and ten o'clock a.m. 617
750-(b) Any town may, by vote of a town meeting or by ordinance, reduce 618
751-the number of hours during which sales under subsection (a) of this 619
752-section, except sales pursuant to [an airport restaurant permit, airport 620
753-bar permit or airport airline club permit] a cafe permit issued pursuant 621
754-to subsection (d) of section 30-22a, shall be permissible. In all cases when 622
755-a town, either by vote of a town meeting or by ordinance, has acted on 623
756-the sale of alcoholic liquor or the reduction of the number of hours when 624
757-such sale is permissible, such action shall become effective on the first 625
758-day of the month succeeding such action and no further action shall be 626
759-taken until at least one year has elapsed since the previous action was 627
760-taken. 628
761-(c) Notwithstanding any provisions of subsections (a) and (b) of this 629 Substitute Bill No. 6459
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768-section, such sale or dispensing or consumption or presence in glasses 630
769-in places operating under a [bowling establishment] cafe permit issued 631
770-pursuant to subsection (f) of section 30-22a shall be unlawful before 632
771-eleven a.m. on any day, except in that portion of the permit premises 633
772-which is located in a separate room or rooms entry to which, from the 634
773-bowling lane area of the establishment, is by means of a door or doors 635
774-which shall remain closed at all times except to permit entrance and 636
775-egress to and from the lane area. Any alcoholic liquor sold or dispensed 637
776-in a place operating under a [bowling establishment] cafe permit issued 638
777-pursuant to subsection (f) of section 30-22a shall be served in containers 639
778-such as, but not limited to, plastic or glass. Any town may, by vote of a 640
779-town meeting or by ordinance, reduce the number of hours during 641
780-which sales under this subsection shall be permissible. 642
781-(d) The sale or dispensing of alcoholic liquor for off-premises 643
782-consumption in places operating under package store permits, drug 644
783-store permits, manufacturer permits for beer or grocery store beer 645
784-permits shall be unlawful on Thanksgiving Day, New Year's Day and 646
785-Christmas; and such sale or dispensing of alcoholic liquor for off-647
786-premises consumption in places operating under package store permits, 648
787-drug store permits, manufacturer permits for beer and grocery store 649
788-beer permits shall be unlawful on Sunday before ten o'clock a.m. and 650
789-after six o'clock p.m. and on any other day before eight o'clock a.m. and 651
790-after ten o'clock p.m. Any town may, by a vote of a town meeting or by 652
791-ordinance, reduce the number of hours during which such sale shall be 653
792-permissible. 654
793-(e) (1) In the case of any premises operating under a [tavern] cafe 655
794-permit, wherein, under the provisions of this section, the sale of 656
795-alcoholic liquor is forbidden on certain days or hours of the day, or 657
796-during the period when a [tavern] cafe permit is suspended, it shall 658
797-likewise be unlawful to keep such premises open to, or permit it to be 659
798-occupied by, the public on such days or hours. 660
799-(2) In the case of any premises operating under a cafe permit, it shall 661
800-be unlawful to keep such premises open to, or permit such premises to 662 Substitute Bill No. 6459
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807-be occupied by, the public between the hours of one o'clock a.m. and six 663
808-o'clock a.m. on Monday, Tuesday, Wednesday, Thursday and Friday 664
809-and between the hours of two o'clock a.m. and six o'clock a.m. on 665
810-Saturday and Sunday or during any period of time when such permit is 666
811-suspended, provided the sale or the dispensing or consumption of 667
812-alcohol on such premises operating under such cafe permit shall be 668
813-prohibited beyond the hours authorized for the sale or dispensing or 669
814-consumption of alcohol for such premises under this section. 670
815-(3) Notwithstanding any provision of this chapter, in the case of any 671
816-premises operating under a [tavern or] cafe permit, it shall be lawful for 672
817-such premises to be open to, or be occupied by, the public when such 673
818-premises is being used as a site for film, television, video or digital 674
819-production eligible for a film production tax credit pursuant to section 675
820-12-217jj, provided the sale or the dispensing or consumption of alcohol 676
821-on such premises operating under such [tavern or] cafe permit shall be 677
822-prohibited beyond the hours authorized for the sale or the dispensing 678
823-or consumption of alcohol for such premises under this section. 679
824-(f) The retail sale and the tasting of free samples of wine, cider not 680
825-exceeding six per cent alcohol by volume, apple wine not exceeding 681
826-fifteen per cent alcohol by volume, apple brandy, eau-de-vie and mead 682
827-by visitors and prospective retail customers of a permittee holding a 683
828-manufacturer permit for a farm winery or a manufacturer permit for 684
829-wine, cider and mead on the premises of such permittee shall be 685
830-unlawful on Sunday before ten o'clock a.m. and after ten o'clock p.m. 686
831-and on any other day before eight o'clock a.m. and after ten o'clock p.m. 687
832-Any town may, by vote of a town meeting or by ordinance, reduce the 688
833-number of hours during which sales and the tasting of free samples of 689
834-products under this subsection shall be permissible. 690
835-(g) Notwithstanding any provision of subsection (a) of this section, 691
836-food or nonalcoholic beverages may be sold, dispensed or consumed in 692
837-places operating under [an airport restaurant permit, an airport bar 693
838-permit or an airport airline club] a cafe permit issued pursuant to 694
839-subsection (d) of section 30-22a, at any time, as allowed by agreement 695 Substitute Bill No. 6459
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846-between the Connecticut Airport Authority and its lessees or 696
847-concessionaires. [In the case of premises operating under an airport 697
848-airline club permit, the sale, dispensing or consumption or the presence 698
849-in glasses or other receptacles suitable to permit the consumption of 699
850-alcoholic liquor by an individual shall be unlawful on: (1) Monday, 700
851-Tuesday, Wednesday, Thursday and Friday between the hours of one 701
852-o'clock a.m. and six o'clock a.m., (2) Saturday and Sunday between the 702
853-hours of two o'clock a.m. and six o'clock a.m., (3) Christmas, except for 703
854-alcoholic liquor that is served where food is also available during the 704
855-hours otherwise permitted by this section for the day on which 705
856-Christmas falls, and (4) January first between the hours of three o'clock 706
857-a.m. and six o'clock a.m.] 707
858-(h) The sale or the dispensing or consumption or the presence in 708
859-glasses or other receptacles suitable to permit the consumption of 709
860-alcoholic liquor by an individual in places operating under a nonprofit 710
861-golf tournament permit shall be unlawful on any day prior to nine 711
862-o'clock a.m. and after ten o'clock p.m. 712
863-(i) Nothing in this section shall be construed to require any permittee 713
864-to continue the sale or dispensing of alcoholic liquor until the closing 714
865-hour established under this section. 715
866-(j) The retail sale of wine and the tasting of free samples of wine by 716
867-visitors and prospective retail customers of a permittee holding a wine 717
868-festival permit or an out-of-state entity wine festival permit issued 718
869-pursuant to section 30-37l or 30-37m shall be unlawful on Sunday before 719
870-eleven o'clock a.m. and after eight o'clock p.m., and on any other day 720
871-before ten o'clock a.m. and after eight o'clock p.m. Any town may, by 721
872-vote of a town meeting or by ordinance, reduce the number of hours 722
873-during which the retail sale of wine and the tasting of free samples of 723
874-wine pursuant to this subsection shall be permissible. 724
875-(k) The sale of products at a farmers' market by a permittee holding 725
876-a farmers' market sales permit pursuant to subsection (a) of section 30-726
877-37o shall be unlawful on any day before eight o'clock a.m. and after ten 727 Substitute Bill No. 6459
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883-
884-o'clock p.m., provided such permittee shall not sell such products at a 728
885-farmers' market at any time during such hours that the farmers' market 729
886-is not open to the public. Any town may, by vote of a town meeting or 730
887-by ordinance, reduce the number of hours during which sales of 731
888-products under this subsection shall be permissible. 732
889-(l) Notwithstanding any provision of subsection (a) of this section, it 733
890-shall be lawful for casino permittees at casinos, as defined in section 30-734
891-37k, to allow the presence of alcoholic liquor in glasses or other 735
892-receptacles suitable to permit the consumption thereof by an individual 736
893-at any time on its gaming facility, as defined in subsection (a) of section 737
894-30-37k, provided such alcoholic liquor shall not be served to a patron of 738
895-such casino during the hours specified in subsection (a) of this section. 739
896-For purposes of this section, "receptacles suitable to permit the 740
897-consumption of alcoholic liquor" [shall] does not include bottles of 741
898-distilled spirits or bottles of wine. 742
899-Sec. 24. Section 30-91a of the general statutes is repealed and the 743
900-following is substituted in lieu thereof (Effective July 1, 2021): 744
901-(a) In all cases where a town, either by vote of a town meeting or by 745
902-ordinance, had, prior to April 30, 1971, authorized the sale of alcoholic 746
903-liquor on Sunday between the hours of twelve o'clock noon and nine 747
904-o'clock in the evening, such sale shall be authorized until the time 748
905-specified in section 30-91, as amended by this act, unless an earlier 749
906-closing hour is established by town meeting or ordinance after April 30, 750
907-1971. 751
908-(b) Nothing in section 30-91, as amended by this act, shall be 752
909-construed to supersede any action taken by a town prior to May 25, 1971, 753
910-to prohibit the sale of alcoholic liquor in such town from midnight on 754
911-Saturday until one a.m. on Sunday and such action shall be construed 755
912-to prohibit such sale from midnight on Saturday until two a.m. on 756
913-Sunday in such town. 757
914-[(c) In all towns in which the sale of alcoholic liquor on Sunday 758 Substitute Bill No. 6459
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921-between the hours of twelve o'clock noon and the time specified in 759
922-section 30-91 is permitted, prior to June 5, 1975, in a place operating 760
923-under a hotel permit, a restaurant permit or a cafe permit, such sale shall 761
924-be authorized on Sunday between such hours in a place operating under 762
925-a tavern permit unless such sale is prohibited by town meeting or 763
926-ordinance after June 5, 1975.] 764
927-[(d)] (c) In all towns that have authorized the sale of alcoholic liquor 765
928-on Sunday commencing at twelve o'clock noon, either by vote of a town 766
929-meeting or by ordinance, such sale shall be permitted commencing at 767
930-eleven o'clock a.m. in places operating under permits listed in 768
931-subsection (a) of section 30-91, as amended by this act, unless a later 769
932-opening hour is established by vote of a town meeting or by ordinance 770
933-after July 1, 1981. 771
934-Sec. 25. Section 30-7 of the general statutes is repealed and the 772
935-following is substituted in lieu thereof (Effective July 1, 2021): 773
936-Every regulation made by the Department of Consumer Protection 774
937-under the authority of this chapter shall be furnished to each permittee 775
938-upon request. The department shall biennially, on or before July first in 776
939-the odd-numbered years, [either (1) publish in convenient pamphlet 777
940-form all regulations then in force and shall furnish upon request copies 778
941-of such pamphlets to every permittee authorized under the provisions 779
942-of this chapter to manufacture or sell alcoholic liquor and to such other 780
943-persons as desire such pamphlets, or (2)] post such regulations on the 781
944-department's Internet web site. 782
945-Sec. 26. Section 30-8 of the general statutes is repealed and the 783
946-following is substituted in lieu thereof (Effective July 1, 2021): 784
947-The Department of Consumer Protection and any agent thereof 785
948-authorized to conduct any inquiry, investigation or hearing under the 786
949-provisions of this chapter [shall have power to] may administer oaths 787
950-and take testimony under oath relative to the matter of inquiry or 788
951-investigation. The Commissioner of Consumer Protection may withhold 789 Substitute Bill No. 6459
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957-
958-from disclosure any complaints or inspections that result in an 790
959-investigation conducted by the department under this chapter, or any 791
960-other information obtained by the department during the course of an 792
961-investigation conducted by the department under this chapter, until the 793
962-earlier of (1) the date when the investigation is completed, (2) [six] 794
963-eighteen months after the date when the complaint resulting in the 795
964-investigation was filed, or (3) [six] eighteen months after the 796
965-investigation was commenced. At any hearing ordered by the 797
966-department, the department or such agent having authority by law to 798
967-issue such process may subpoena witnesses and require the production 799
968-of records, papers and documents pertinent to such inquiry. No witness 800
969-under subpoena authorized to be issued by the provisions of this section 801
970-shall be excused from testifying or from producing records, papers or 802
971-documents on the ground that such testimony or the production of such 803
972-records or other documentary evidence would tend to incriminate him, 804
973-but such evidence or the records or papers so produced and any 805
974-information directly or indirectly derived from such evidence, records 806
975-or papers shall not be used in any criminal proceeding against him. If 807
976-any person disobeys such process or, having appeared in obedience 808
977-thereto, refuses to answer any pertinent question put to him by the 809
978-department or its authorized agent or to produce any records and 810
979-papers pursuant thereto, the department or its agent may apply to the 811
980-superior court for the judicial district of Hartford or for the judicial 812
981-district wherein the person resides or wherein the business has been 813
982-conducted, setting forth such disobedience to process or refusal to 814
983-answer, and the court shall cite such person to appear before the court 815
984-to answer such question or to produce such records and papers and, 816
985-upon his refusal so to do, shall commit such person to a community 817
986-correctional center until he testifies, but not for a longer period than 818
987-sixty days. Notwithstanding the serving of the term of such 819
988-commitment by any person, the department may proceed with such 820
989-inquiry and examination as if the witness had not previously been called 821
990-upon to testify. Officers who serve subpoenas issued by the department 822
991-or under its authority and witnesses attending hearings conducted by it 823
992-under this section shall receive like fees and compensation as officers 824 Substitute Bill No. 6459
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998-
999-and witnesses in the courts of this state to be paid on vouchers of the 825
1000-department on order of the Comptroller. 826
1001-Sec. 27. Section 30-17 of the general statutes is repealed and the 827
1002-following is substituted in lieu thereof (Effective July 1, 2021): 828
1003-(a) (1) A wholesaler permit shall allow the bottling of alcoholic liquor 829
1004-and the wholesale sale of alcoholic liquor to permittees in this state and 830
1005-without the state, as may be permitted by law, and the sale of alcoholic 831
1006-liquors to vessels engaged in coastwise or foreign commerce, and the 832
1007-sale of alcohol and alcoholic liquor for industrial purposes to 833
1008-nonpermittees, such sales to be made in accordance with the regulations 834
1009-adopted by the Department of Consumer Protection, and the sale of 835
1010-alcohol and alcoholic liquor for medicinal purposes to hospitals and 836
1011-charitable institutions and to religious organizations for sacramental 837
1012-purposes and the receipt from out-of-state shippers of multiple 838
1013-packages of alcoholic liquor. The holder of a wholesaler permit may 839
1014-apply for and shall thereupon receive an out-of-state shipper's permit 840
1015-for direct importation from abroad of alcoholic liquors manufactured 841
1016-outside the United States and an out-of-state shipper's permit for direct 842
1017-importation from abroad of beer manufactured outside the United 843
1018-States. The annual fee for a wholesaler permit shall be two thousand six 844
1019-hundred fifty dollars. 845
1020-(2) When a holder of a wholesaler permit has had the distributorship 846
1021-of any alcohol, beer, spirits or wine product of a manufacturer or out-847
1022-of-state shipper for six months or more, such distributorship may be 848
1023-terminated or its geographic territory diminished upon (A) the 849
1024-execution of a written stipulation by the wholesaler and manufacturer 850
1025-or out-of-state shipper agreeing to the change and the approval of such 851
1026-change by the Department of Consumer Protection; or (B) the sending 852
1027-of a written notice by certified or registered mail, return receipt 853
1028-requested, by the manufacturer or out-of-state shipper to the 854
1029-wholesaler, a copy of which notice has been sent simultaneously by 855
1030-certified or registered mail, return receipt requested, to the Department 856
1031-of Consumer Protection. No such termination or diminishment shall 857 Substitute Bill No. 6459
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1038-become effective except for just and sufficient cause, provided such 858
1039-cause shall be set forth in such notice and the Department of Consumer 859
1040-Protection shall determine, after hearing, that just and sufficient cause 860
1041-exists. If an emergency occurs, caused by the wholesaler, prior to such 861
1042-hearing, which threatens the manufacturers' or out-of-state shippers' 862
1043-products or otherwise endangers the business of the manufacturer or 863
1044-out-of-state shipper and said emergency is established to the satisfaction 864
1045-of the Department of Consumer Protection, the department may 865
1046-temporarily suspend such wholesaler permit or take whateve r 866
1047-reasonable action the department deems advisable to provide for such 867
1048-emergency and the department may continue such temporary action 868
1049-until its decision after a full hearing. The Department of Consumer 869
1050-Protection shall render its decision with reasonable promptness 870
1051-following such hearing. Notwithstanding the aforesaid, a manufacturer 871
1052-or out-of-state shipper may appoint one or more additional wholesalers 872
1053-as the distributor for an alcohol, spirits or wine product within such 873
1054-territory, provided such appointment shall not be effective until six 874
1055-months from the date such manufacturer or out-of-state shipper sets 875
1056-forth such intention in written notice to the existing wholesaler by 876
1057-certified or registered mail, return receipt requested, with a copy of such 877
1058-notice simultaneously sent by certified or registered mail, return receipt 878
1059-requested, to the Department of Consumer Protection. For just and 879
1060-sufficient cause, a manufacturer or out-of-state shipper may appoint one 880
1061-or more additional wholesalers as the distributor for a beer product 881
1062-within such territory provided such manufacturer or out-of-state 882
1063-shipper sets forth such intention and cause in written notice to the 883
1064-existing wholesaler by certified or registered mail, return receipt 884
1065-requested, with a copy of such notice simultaneously sent by certified 885
1066-or registered mail, return receipt requested, to the Department of 886
1067-Consumer Protection. For the purposes of this section, "just and 887
1068-sufficient cause" means the existence of circumstances which, in the 888
1069-opinion of a reasonable person considering all of the equities of both the 889
1070-wholesaler and the manufacturer or out-of-state shipper warrants a 890
1071-termination or a diminishment of a distributorship as the case may be. 891
1072-For the purposes of this section, "manufacturer or out-of-state shipper" 892 Substitute Bill No. 6459
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1078-
1079-means the manufacturer or out-of-state shipper who originally granted 893
1080-a distributorship of any alcohol, beer, spirits or wine product to a 894
1081-wholesaler, any successor to such manufacturer or out-of-state shipper, 895
1082-which successor has assumed the contractual relationship with such 896
1083-wholesaler by assignment or otherwise, or any other manufacturer or 897
1084-out-of-state shipper who acquires the right to ship such alcohol, beer, 898
1085-spirits or wine into the state. 899
1086-(3) Nothing contained [herein] in this section shall be construed to 900
1087-interfere with the authority of the Department of Consumer Protection 901
1088-to retain or adopt reasonable regulations concerning the termination or 902
1089-diminishment of a distributorship held by a wholesaler for less than six 903
1090-months. 904
1091-(4) All hearings held [hereunder] under this section shall be held in 905
1092-accordance with the provisions of chapter 54. 906
1093-(b) A wholesaler permit for beer shall be in all respects the same as a 907
1094-wholesaler permit, except that the scope of operations of the holder shall 908
1095-be limited to beer; but shall not prohibit the handling of nonalcoholic 909
1096-merchandise. The holder of a wholesaler permit for beer may apply for 910
1097-and shall thereupon receive an out-of-state shipper's permit for direct 911
1098-importation from abroad of beer manufactured outside the United 912
1099-States. The annual fee for a wholesaler permit for beer shall be one 913
1100-thousand dollars. 914
1101-(c) A wholesaler permittee may offer to industry members and its 915
1102-own staff free samples of alcoholic liquor that it distributes for tasting 916
1103-on the wholesaler's premises. Any offering, tasting, wine education and 917
1104-tasting class demonstration held on permit premises shall be conducted 918
1105-only during the hours a package store is permitted to sell alcoholic 919
1106-liquor under section 30-91, as amended by this act. No tasting of wine 920
1107-on the premises shall be offered from more than ten uncorked or open 921
1108-bottles at any one time. A wholesaler may offer such tastings to retail 922
1109-permittees not more than four times per year. 923 Substitute Bill No. 6459
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1116-Sec. 28. Section 30-33 of the general statutes is repealed and the 924
1117-following is substituted in lieu thereof (Effective July 1, 2021): 925
1118-A concession permit shall allow the sale and consumption of beer or 926
1119-wine on the premises of any fair grounds, ball park, amusement park, 927
1120-indoor-outdoor amphitheater, outdoor amphitheater contiguous to and 928
1121-under the same ownership as an amusement park, public golf course or 929
1122-sports arena provided no sales of alcoholic liquor shall occur within one 930
1123-hour of the scheduled end of a performance at an indoor-outdoor 931
1124-amphitheater constructed to seat not less than fifteen thousand people. 932
1125-A concession permit shall also allow the sale and consumption of 933
1126-alcohol or spirits in all enclosed nonseating areas within an indoor-934
1127-outdoor amphitheater. Such areas shall be enclosed by a fence or wall 935
1128-not less than thirty inches high and separate from each other. No 936
1129-concession permittee, backer, employee or agent of such permittee shall 937
1130-sell, offer or deliver more than two drinks of alcoholic liquor at any one 938
1131-time to any person for such person's own consumption. Such permit 939
1132-shall be issued in the discretion of the Department of Consumer 940
1133-Protection and shall be effective only in accordance with a schedule of 941
1134-hours and days determined by the department for each such permit 942
1135-within the limitation of hours and days fixed by law. As used in this 943
1136-section, "public golf course" means a golf course of not less than nine 944
1137-holes and a course length of not less than twenty-seven hundred fifty 945
1138-yards. The fee for a concession permit shall be as follows: For a period 946
1139-of one year, three hundred dollars; for a period of six months, two 947
1140-hundred dollars; and for a period of one day, fifty dollars. 948
1141-Sec. 29. Section 30-35b of the general statutes is repealed and the 949
1142-following is substituted in lieu thereof (Effective July 1, 2021): 950
1143-A ninety-day provisional permit shall allow the retail sale or 951
1144-manufacture of alcoholic liquor by any applicant and his or her backer, 952
1145-if any, who has made application for a liquor permit pursuant to section 953
1146-30-39, as amended by this act, and may be issued at the discretion of the 954
1147-Liquor Control Commission or the Department of Consumer Protection. 955
1148-If [said] such applicant or [his] such applicant's backer, if any, causes 956 Substitute Bill No. 6459
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1155-any delay in the investigation conducted by the Department of 957
1156-Consumer Protection pursuant to said section, the ninety-day 958
1157-provisional permit shall cease immediately. Only one such permit shall 959
1158-be issued to any applicant and his or her backer, if any, for each location 960
1159-of the club or place of business which is to be operated under such 961
1160-permit and such permit shall be nonrenewable but may be extended due 962
1161-to delays not caused by the applicant. Such permit shall not be extended 963
1162-beyond one year from the filing date, as defined in section 30-39, as 964
1163-amended by this act. The fee for such ninety-day permit shall be five 965
1164-hundred dollars. 966
1165-Sec. 30. Section 30-36 of the general statutes is repealed and the 967
1166-following is substituted in lieu thereof (Effective July 1, 2021): 968
1167-A druggist permit may be issued by the Department of Consumer 969
1168-Protection to a drug store proprietor. No druggist permit shall be issued 970
1169-covering a new drug store or a new location for an old drug store until 971
1170-the Commission of Pharmacy is satisfied that a drug store at such 972
1171-location is necessary to the convenience and best interest of the public. 973
1172-A druggist permit (1) shall allow the use of alcoholic liquors for the 974
1173-compounding of prescriptions of physicians, advanced practice 975
1174-registered nurses, physician assistants and dentists and for the 976
1175-manufacturing of all United States Pharmacopoeia and National 977
1176-Formulary preparations and all other medicinal preparations, (2) shall 978
1177-allow the retail sale and delivery of alcoholic liquor in containers of not 979
1178-less than eight ounces or one hundred eighty-seven and one-half 980
1179-milliliters and not more than one quart or one liter capacity except that 981
1180-beer may be sold in containers of not more than forty ounces or twelve 982
1181-hundred milliliters capacity, to any person, and (3) shall forbid the 983
1182-drinking of such alcoholic liquor on the premises of any drug store. Such 984
1183-permittee shall keep all alcoholic liquors in compartments, which 985
1184-compartments shall be securely locked except during those hours when 986
1185-the sale of alcoholic liquor is permitted by law. The holder of a druggist 987
1186-permit shall not display any alcoholic liquors or containers, marked or 988
1187-labeled or in any other way suggesting the contents of intoxicating 989 Substitute Bill No. 6459
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1193-
1194-liquors, in the windows of the permit premises. The Commission of 990
1195-Pharmacy shall revoke or suspend the pharmacy license of any 991
1196-pharmacist upon whose premises any violation of any provision of this 992
1197-section occurs. The annual fee for a druggist permit shall be five 993
1198-hundred thirty-five dollars. 994
1199-Sec. 31. Section 30-37 of the general statutes is repealed and the 995
1200-following is substituted in lieu thereof (Effective July 1, 2021): 996
1201-Any pharmacy licensed by the [Commission of Pharmacy] 997
1202-Department of Consumer Protection may fill the prescription of a 998
1203-licensed physician, advanced practice registered nurse, physician 999
1204-assistant or dentist for alcoholic liquors at any time without regard to 1000
1205-the vote of any town prohibiting the sale of such liquors and may use 1001
1206-alcoholic liquors for the compounding of such prescriptions and for the 1002
1207-manufacture of all United States Pharmacopoeia and National 1003
1208-Formulary preparations and all other medicinal preparations without 1004
1209-the necessity of obtaining a permit from the Department of Consumer 1005
1210-Protection, provided each such prescription shall include the name and 1006
1211-address of the person for whom it is prescribed and shall be signed with 1007
1212-his full name by the person issuing such prescription. Each such 1008
1213-prescription shall be filled only once, and the person making a sale on 1009
1214-such prescription shall write on the face thereof the number of such 1010
1215-prescription and the date of the sale or delivery of such liquor and shall 1011
1216-keep such prescription on file and available at all reasonable times for 1012
1217-inspection. All alcoholic liquors sold by licensed pharmacies on 1013
1218-prescriptions alone shall be kept in compartments, which compartments 1014
1219-shall be securely locked except when such liquors are being used in the 1015
1220-compounding of the prescriptions. 1016
1221-Sec. 32. Section 30-37j of the general statutes is repealed and the 1017
1222-following is substituted in lieu thereof (Effective July 1, 2021): 1018
1223-(a) A caterer liquor permit shall allow a person regularly engaged in 1019
1224-the business of providing food and beverages to others for service at 1020
1225-private gatherings or at special events to sell and serve alcoholic liquor 1021 Substitute Bill No. 6459
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1231-
1232-for on-premises consumption with or without the provision of food at 1022
1233-any activity, event or function for which such person has been hired, 1023
1234-pursuant to a contract between the holder of the caterer liquor permit 1024
1235-and the hiring party. The holder of a caterer liquor permit shall not 1025
1236-engage in self-dealing or self-hiring in order to generate catering events. 1026
1237-The annual fee for a caterer liquor permit shall be four hundred forty 1027
1238-dollars. 1028
1239-(b) The holder of a caterer liquor permit shall, on a form prescribed 1029
1240-by the Department of Consumer Protection or electronically, notify the 1030
1241-department, in writing, of the date, location and hours of each event at 1031
1242-which alcohol is served under such permit at least one business day in 1032
1243-advance of such event. If the holder of a caterer liquor permit is unable 1033
1244-to provide the written notice required under this section due to exigent 1034
1245-circumstances, such holder may provide notice to the department by 1035
1246-telephone of the date, location and hours of each event at which alcohol 1036
1247-is served under such permit. 1037
1248-(c) Notwithstanding the provisions of subsection (a) of section 30-48, 1038
1249-as amended by this act, a backer or holder of a caterer liquor permit may 1039
1250-be a backer or holder of any other permit issued under the provisions of 1040
1251-this chapter, except that a backer or holder of a caterer liquor permit 1041
1252-may not be a backer or holder of any other manufacturer permit issued 1042
1253-under section 30-16, as amended by this act, or a wholesaler permit 1043
1254-issued under section 30-17, as amended by this act. 1044
1255-(d) The holder of a caterer liquor permit and any other permit issued 1045
1256-under the provisions of this chapter that prohibits the off-premises 1046
1257-consumption of alcoholic liquor shall be exempt from such prohibition 1047
1258-for the purposes of conducting such holder's catering business only. 1048
1259-(e) The holder of a caterer liquor permit shall be exempt from the 1049
1260-provisions of sections 30-38, as amended by this act, 30-52, as amended 1050
1261-by this act, and 30-54, as amended by this act, and from the requirements 1051
1262-to affix and maintain a placard, as provided in subdivision (3) of 1052
1263-subsection (b) of section 30-39, as amended by this act. 1053 Substitute Bill No. 6459
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1270-(f) The holder of a caterer liquor permit may enter into a contract with 1054
1271-another business entity to provide exclusive catering services at a 1055
1272-specific venue, provided the holder of the caterer liquor permit is 1056
1273-available for hire at other venues and is using the permit at other venues. 1057
1274-No holder or member of the backer of the caterer liquor permit, nor the 1058
1275-holder's or member's spouse or child, shall have an ownership interest 1059
1276-in the venue that is subject to the exclusivity agreement. 1060
1277-Sec. 33. Section 30-39 of the general statutes is repealed and the 1061
1278-following is substituted in lieu thereof (Effective from passage): 1062
1279-(a) For the purposes of this section, the "filing date" of an application 1063
1280-means the date upon which the department, after approving the 1064
1281-application for processing, mails or otherwise delivers to the applicant 1065
1282-a placard containing such date. 1066
1283-(b) (1) Any person desiring a liquor permit or a renewal of such a 1067
1284-permit shall make [a sworn] an affirmed application therefor to the 1068
1285-Department of Consumer Protection upon forms to be furnished by the 1069
1286-department, showing the name and address of the applicant and of the 1070
1287-applicant's backer, if any, the location of the club or place of business 1071
1288-which is to be operated under such permit and a financial statement 1072
1289-setting forth all elements and details of any business transactions 1073
1290-connected with the application. Such application shall include a detailed 1074
1291-description of the type of live entertainment that is to be provided. A 1075
1292-club or place of business shall be exempt from providing such detailed 1076
1293-description if the club or place of business (A) was issued a liquor permit 1077
1294-prior to October 1, 1993, and (B) has not altered the type of 1078
1295-entertainment provided. The application shall also indicate any crimes 1079
1296-of which the applicant or the applicant's backer may have been 1080
1297-convicted. Applicants shall submit documents sufficient to establish 1081
1298-that state and local building, fire and zoning requirements and local 1082
1299-ordinances concerning hours and days of sale will be met, except that 1083
1300-local building and zoning requirements and local ordinances 1084
1301-concerning hours and days of sale shall not apply to [any class of 1085
1302-airport] a cafe permit issued pursuant to subsection (d) of section 30-1086 Substitute Bill No. 6459
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1308-
1309-22a. The State Fire Marshal or the marshal's certified designee shall be 1087
1310-responsible for approving compliance with the State Fire Code at 1088
1311-Bradley International Airport. Any person desiring a permit provided 1089
1312-for in section 30-33b shall file a copy of such person's license with such 1090
1313-application if such license was issued by the Department of Consumer 1091
1314-Protection. The department may, at its discretion, conduct an 1092
1315-investigation to determine whether a permit shall be issued to an 1093
1316-applicant. 1094
1317-(2) The applicant shall pay to the department a nonrefundable 1095
1318-application fee, which fee shall be in addition to the fees prescribed in 1096
1319-this chapter for the permit sought. An application fee shall not be 1097
1320-charged for an application to renew a permit. The application fee shall 1098
1321-be in the amount of ten dollars for the filing of each application for a 1099
1322-permit by a charitable organization, including a nonprofit public 1100
1323-television corporation, a nonprofit golf tournament permit, a temporary 1101
1324-permit or a special club permit; and for all other permits in the amount 1102
1325-of one hundred dollars for the filing of an initial application. Any permit 1103
1326-issued shall be valid only for the purposes and activities described in 1104
1327-the application. 1105
1328-(3) The applicant, immediately after filing an application, shall give 1106
1329-notice thereof, with the name and residence of the permittee, the type of 1107
1330-permit applied for and the location of the place of business for which 1108
1331-such permit is to be issued and the type of live entertainment to be 1109
1332-provided, all in a form prescribed by the department, by publishing the 1110
1333-same in a newspaper having a circulation in the town in which the place 1111
1334-of business to be operated under such permit is to be located, at least 1112
1335-once a week for two successive weeks, the first publication to be not 1113
1336-more than seven days after the filing date of the application and the last 1114
1337-publication not more than fourteen days after the filing date of the 1115
1338-application. The applicant shall affix, and maintain in a legible condition 1116
1339-upon the outer door of the building wherein such place of business is to 1117
1340-be located and clearly visible from the public highway, the placard 1118
1341-provided by the department, not later than the day following the receipt 1119 Substitute Bill No. 6459
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1347-
1348-of the placard by the applicant. If such outer door of such premises is so 1120
1349-far from the public highway that such placard is not clearly visible as 1121
1350-provided, the department shall direct a suitable method to notify the 1122
1351-public of such application. When an application is filed for any type of 1123
1352-permit for a building that has not been constructed, such applicant shall 1124
1353-erect and maintain in a legible condition a sign not less than six feet by 1125
1354-four feet upon the site where such place of business is to be located, 1126
1355-instead of such placard upon the outer door of the building. The sign 1127
1356-shall set forth the type of permit applied for and the name of the 1128
1357-proposed permittee, shall be clearly visible from the public highway and 1129
1358-shall be so erected not later than the day following the receipt of the 1130
1359-placard. Such applicant shall make a return to the department, under 1131
1360-oath, of compliance with the foregoing requirements, in such form as 1132
1361-the department may determine, but the department may require any 1133
1362-additional proof of such compliance. Upon receipt of evidence of such 1134
1363-compliance, the department may hold a hearing as to the suitability of 1135
1364-the proposed location. The provisions of this subdivision shall not apply 1136
1365-to applications for (A) airline permits, (B) charitable organization 1137
1366-permits, (C) temporary permits, (D) special club permits, (E) concession 1138
1367-permits, (F) military permits, [railroad permits, boat permits,] (G) cafe 1139
1368-permits issued pursuant to subsection (j) or (k) of section 30-22a, (H) 1140
1369-warehouse permits, (I) brokers' permits, (J) out-of-state shippers' 1141
1370-permits for alcoholic liquor and out-of-state shippers' permits for beer, 1142
1371-(K) coliseum permits, [coliseum concession permits, special sporting 1143
1372-facility restaurant permits, special sporting facility employee 1144
1373-recreational permits, special sporting facility guest permits, special 1145
1374-sporting facility concession permits, special sporting facility bar 1146
1375-permits,] (L) nonprofit golf tournament permits, (M) nonprofit public 1147
1376-television permits, (N) Connecticut craft cafe permits by permittees who 1148
1377-held a manufacturer permit for a brew pub or a manufacturer permit for 1149
1378-a beer and brew pub prior to July 1, 2020, and (O) renewals of any such 1150
1379-permits. The provisions of this subdivision regarding publication and 1151
1380-placard display shall also be required of any applicant who seeks to 1152
1381-amend the type of entertainment either upon filing of a renewal 1153
1382-application or upon requesting permission of the department in a form 1154 Substitute Bill No. 6459
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1389-that requires the approval of the municipal zoning official. 1155
1390-(4) In any case in which a permit has been issued to a partnership, if 1156
1391-one or more of the partners dies or retires, the remaining partner or 1157
1392-partners need not file a new application for the unexpired portion of the 1158
1393-current permit, and no additional fee for such unexpired portion shall 1159
1394-be required. Notice of any such change shall be given to the department 1160
1395-and the permit shall be endorsed to show correct ownership. When any 1161
1396-partnership changes by reason of the addition of one or more persons, a 1162
1397-new application with new fees shall be required. 1163
1398-(c) Any ten persons who are at least eighteen years of age, and are 1164
1399-residents of the town within which the business for which the permit or 1165
1400-renewal thereof has been applied for, is intended to be operated, or, in 1166
1401-the case of a manufacturer's or a wholesaler's permit, any ten persons 1167
1402-who are at least eighteen years of age and are residents of the state, may 1168
1403-file with the department, within three weeks from the last date of 1169
1404-publication of notice made pursuant to subdivision (3) of subsection (b) 1170
1405-of this section for an initial permit, and in the case of renewal of an 1171
1406-existing permit, at least twenty-one days before the renewal date of such 1172
1407-permit, a remonstrance containing any objection to the suitability of 1173
1408-such applicant or proposed place of business, provided any such issue 1174
1409-is not controlled by local zoning. Upon the filing of such remonstrance, 1175
1410-the department, upon written application, shall hold a hearing and shall 1176
1411-give such notice as it deems reasonable of the time and place at least five 1177
1412-days before such hearing is had. The remonstrants shall designate one 1178
1413-or more agents for service, who shall serve as the recipient or recipients 1179
1414-of all notices issued by the department. At any time prior to the issuance 1180
1415-of a decision by the department, a remonstrance may be withdrawn by 1181
1416-the remonstrants or by such agent or agents acting on behalf of such 1182
1417-remonstrants and the department may cancel the hearing or withdraw 1183
1418-the case. The decision of the department on such application shall be 1184
1419-final with respect to the remonstrance. 1185
1420-(d) No new permit shall be issued until the foregoing provisions of 1186
1421-subsections (a) and (b) of this section have been complied with. If no 1187 Substitute Bill No. 6459
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1427-
1428-new permit is issued within twelve months of the filing date, as defined 1188
1429-in subsection (a) of this section, the application may, in the discretion of 1189
1430-the department, be deemed withdrawn and shall then be returned to the 1190
1431-applicant. Six months' or seasonal permits may be renewed, provided 1191
1432-the renewal application and fee shall be filed at least twenty-one days 1192
1433-before the reopening of the business, there is no change in the permittee, 1193
1434-ownership or type of permit, and the permittee or backer did not receive 1194
1435-a rebate of the permit fee with respect to the permit issued for the 1195
1436-previous year. 1196
1437-(e) The department may renew a permit that has expired if the 1197
1438-applicant pays to the department a nonrefundable late fee pursuant to 1198
1439-subsection (c) of section 21a-4, which fee shall be in addition to the fees 1199
1440-prescribed in this chapter for the permit applied for. The provisions of 1200
1441-this subsection shall not apply to one-day permits, to any permit which 1201
1442-is the subject of administrative or court proceedings, or where otherwise 1202
1443-provided by law. 1203
1444-Sec. 34. Section 30-55 of the general statutes is repealed and the 1204
1445-following is substituted in lieu thereof (Effective July 1, 2021): 1205
1446-(a) The Department of Consumer Protection may, in its discretion, 1206
1447-revoke, suspend or place conditions on any permit or provisional permit 1207
1448-or impose a fine of not greater than one thousand dollars per violation, 1208
1449-upon cause found after hearing, provided ten days' written notice of 1209
1450-such hearing has been given to the permittee setting forth, with the 1210
1451-particulars required in civil pleadings, the charges upon which such 1211
1452-proposed revocation, suspension, condition or fine is predicated. Any 1212
1453-appeal from such order of revocation, suspension, condition or fine shall 1213
1454-be taken in accordance with the provisions of section 4-183. 1214
1455-(b) The surrender of a permit or provisional permit for cancellation 1215
1456-or the expiration of a permit shall not prevent the department from 1216
1457-suspending or revoking any such permit pursuant to the provisions of 1217
1458-this section. 1218 Substitute Bill No. 6459
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1464-
1465-Sec. 35. Section 30-56 of the general statutes is repealed and the 1219
1466-following is substituted in lieu thereof (Effective July 1, 2021): 1220
1467-(a) When any permit is revoked or suspended after a final 1221
1468-[conviction] decision pursuant to chapter 54 or upon forfeiture of bond 1222
1469-under the provisions of section 30-57, an appeal therefrom shall not act 1223
1470-as a stay of execution upon such revocation or suspension. Such 1224
1471-revocation or suspension shall become effective immediately. 1225
1472-(b) When any permit is revoked or suspended for violation of the 1226
1473-provisions of section 30-38a, an appeal therefrom, may, at the discretion 1227
1474-of the court, act as a stay of execution upon such revocation or 1228
1475-suspension. 1229
1476-Sec. 36. Section 30-59 of the general statutes is repealed and the 1230
1477-following is substituted in lieu thereof (Effective July 1, 2021): 1231
1478-The Department of Consumer Protection shall [transmit a certificate 1232
1479-of the revocation, suspension or reinstatement of any permit by it to the 1233
1480-town clerk of the town within which the permittee is operating or has 1234
1481-been operating, which clerk shall attach such certificate to the duplicate 1235
1482-copy of such permit on file in his office] post notice of any revocation or 1236
1483-suspension of any permit on the department's Internet web site. 1237
1484-Sec. 37. Section 30-61 of the general statutes is repealed and the 1238
1485-following is substituted in lieu thereof (Effective July 1, 2021): 1239
1486-Service of process in any action in which the commission is a party 1240
1487-shall be made upon any member of the commission. [or the secretary of 1241
1488-the commission.] 1242
1489-Sec. 38. Section 30-64b of the general statutes is repealed and the 1243
1490-following is substituted in lieu thereof (Effective July 1, 2021): 1244
1491-The sale of any alcoholic liquor by a wholesale or retail permittee for 1245
1492-off-premises consumption at a price the intent of which is to destroy or 1246
1493-prevent competition with any other permittee holding a like permit 1247 Substitute Bill No. 6459
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1499-
1500-shall be deemed an unfair pricing practice and a violation of chapter 1248
1501-735a. The Department of Consumer Protection may suspend or revoke 1249
1502-any permit upon a finding of an unfair pricing practice. In arriving at 1250
1503-such finding, the Department of Consumer Protection shall consider, 1251
1504-but not be limited to, the consideration of the following factors: Labor, 1252
1505-including salaries of executives and officers, rent, interest on borrowed 1253
1506-capital, depreciation, selling cost, maintenance of equipment, delivery 1254
1507-costs, credit losses, insurance and warehouse costs. 1255
1508-Sec. 39. Section 30-67 of the general statutes is repealed and the 1256
1509-following is substituted in lieu thereof (Effective July 1, 2021): 1257
1510-In addition to the penalties otherwise provided under this chapter, 1258
1511-including those allowed pursuant to section 30-55, as amended by this 1259
1512-act, the Department of Consumer Protection may, for any violation of 1260
1513-any provision of section 30-64 or of any regulation adopted under 1261
1514-subdivisions (1), (2), (3) and (4) of subsection (b) of section 30-6a, 1262
1515-suspend, cancel or revoke any permit as follows: For a first offense, not 1263
1516-exceeding ten days' suspension of permit; for a second offense, not 1264
1517-exceeding thirty days' suspension of permit; and for a third offense, the 1265
1518-department may suspend, cancel or revoke the permit. 1266
1519-Sec. 40. Section 30-68n of the general statutes is repealed and the 1267
1520-following is substituted in lieu thereof (Effective July 1, 2021): 1268
1521-(a) For the purposes of this section: (1) "Advertise" means the making 1269
1522-of any statement or representation in connection with the solicitation of 1270
1523-business in any manner by a retail permittee and includes, but is not 1271
1524-limited to, statements and representations published in any newspaper 1272
1525-or other publication or statements or representations printed in any 1273
1526-catalog, circular or other sales literature or brochure; (2) "manufacturer's 1274
1527-rebate" means that amount due and payable in accordance with an offer 1275
1528-by a permittee other than a retail permittee to refund to a consumer all 1276
1529-or a portion of the purchase price of an alcoholic liquor product; and (3) 1277
1530-"net price" means the ultimate price paid by a consumer for an alcoholic 1278
1531-liquor product after the consumer has redeemed the manufacturer's 1279 Substitute Bill No. 6459
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1537-
1538-rebate offered for the alcoholic liquor product. Merchandise, novelties 1280
1539-or other items are not permissible manufacturer's rebates. No permittee 1281
1540-shall require alcoholic liquor to be purchased in order for a consumer to 1282
1541-receive access to any merchandise, novelty or other item. 1283
1542-(b) A retail permittee may advertise the existence of a manufacturer's 1284
1543-rebate or the net price of an alcoholic liquor product provided such 1285
1544-permittee makes all of the following disclosures in such advertisement 1286
1545-in type that is the same color, style and size: (1) The sales price of the 1287
1546-alcoholic liquor product before the manufacturer's rebate; (2) the 1288
1547-amount and expiration date of the manufacturer's rebate; and (3) the net 1289
1548-price of the alcoholic liquor product. 1290
1549-Sec. 41. Subsection (d) of section 30-86 of the general statutes is 1291
1550-repealed and the following is substituted in lieu thereof (Effective July 1, 1292
1551-2021): 1293
1552-(d) (1) No permittee or permittee's agent or employee shall 1294
1553-electronically or mechanically record or maintain any information 1295
1554-derived from a transaction scan, except the following: (A) The name and 1296
1555-date of birth of the person listed on the driver's license or identity card 1297
1556-presented by a cardholder; (B) the expiration date and identification 1298
1557-number of the driver's license or identity card presented by a 1299
1558-cardholder. 1300
1559-(2) No permittee or permittee's agent or employee shall use a 1301
1560-transaction scan device for a purpose other than the purposes specified 1302
1561-in subsection (c) of this section, subsection (d) of section 53-344 or 1303
1562-subsection (e) of section 53-344b. 1304
1563-(3) No permittee or permittee's agent or employee shall sell or 1305
1564-otherwise disseminate the information derived from a transaction scan 1306
1565-to any third party for any purpose, including, but not limited to, any 1307
1566-marketing, advertising or promotional activities, except that a permittee 1308
1567-or permittee's agent or employee may release that information pursuant 1309
1568-to a court order. 1310 Substitute Bill No. 6459
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1574-
1575-(4) Nothing in subsection (c) of this section or this subsection relieves 1311
1576-a permittee or permittee's agent or employee of any responsibility to 1312
1577-comply with any other applicable state or federal laws or rules 1313
1578-governing the sale, giving away or other distribution of alcoholic liquor. 1314
1579-(5) Any person who violates this subsection shall be subject to [a civil] 1315
1580-any penalty [of not more than one thousand dollars] set forth in section 1316
1581-30-55, as amended by this act. 1317
1582-Sec. 42. Section 30-93a of the general statutes is repealed and the 1318
1583-following is substituted in lieu thereof (Effective July 1, 2021): 1319
1584-Any person who ships into this state any package or carton 1320
1585-containing alcoholic liquor shall, for each offense, be [fined not more 1321
1586-than one thousand dollars or imprisoned not more than one year or 1322
1587-both] subject to any penalty set forth in section 30-55, as amended by 1323
1588-this act, unless (1) the contents of such package or carton are clearly 1324
1589-marked on the outside of such package or carton, and (2) such person 1325
1590-conditions delivery of such alcoholic liquor upon the signature of an 1326
1591-individual who is (A) at least twenty-one years of age, or (B) legally 1327
1592-authorized to receive such alcoholic liquor under the provisions of this 1328
1593-chapter. 1329
1594-Sec. 43. Section 30-113 of the general statutes is repealed and the 1330
1595-following is substituted in lieu thereof (Effective July 1, 2021): 1331
1596-Any person convicted of a violation of any provision of this chapter 1332
1597-for which a specified penalty is not imposed, shall, for each offense, be 1333
1598-[fined not more than one thousand dollars or imprisoned not more than 1334
1599-one year or both] subject to any penalty set forth in section 30-55, as 1335
1600-amended by this act. 1336
1601-Sec. 44. Subsection (m) of section 30-22a of the general statutes is 1337
1602-repealed and the following is substituted in lieu thereof (Effective July 1, 1338
1603-2021): 1339
1604-(m) For purposes of compliance with this section, "cafe" [shall include 1340 Substitute Bill No. 6459
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1610-
1611-a] includes: (1) A room or building that is subject to the care, custody 1341
1612-and control of The University of Connecticut Board of Trustees; [, or] (2) 1342
1613-land and buildings which are subject to the care, custody and control of 1343
1614-an institution offering a program of higher learning, as defined in 1344
1615-section 10a-34, which has been accredited by the Board of Regents for 1345
1616-Higher Education or Office of Higher Education or otherwise is 1346
1617-authorized to award a degree pursuant to section 10a-34; or (3) on land 1347
1618-or in a building situated on or abutting a golf course which is subject to 1348
1619-the care, custody and control of an institution offering a program of 1349
1620-higher learning, as defined in section 10a-34, which has been accredited 1350
1621-by the Board of Regents for Higher Education or Office of Higher 1351
1622-Education or otherwise is authorized to award a degree pursuant to 1352
1623-section 10a-34. 1353
1624-Sec. 45. Subsection (a) of section 30-18 of the general statutes is 1354
1625-repealed and the following is substituted in lieu thereof (Effective July 1, 1355
1626-2021): 1356
1627-(a) An out-of-state shipper's permit for alcoholic liquor other than 1357
1628-beer shall allow the sale of such alcoholic liquor to manufacturer and 1358
1629-wholesaler permittees in this state and outside of this state as permitted 1359
1630-by law and, as to any out-of-state shipper operating a farm winery who 1360
1631-produces not more than one hundred thousand gallons of wine per year, 1361
1632-the sale and shipment by the holder thereof to a retailer of wine 1362
1633-manufactured by such permittee on the permitted premises in the 1363
1634-original sealed containers of not more than fifteen gallons per container. 1364
1635-The permit premises of an out-of-state shipper's permit for alcoholic 1365
1636-liquor may be located within this state or outside this state. The annual 1366
1637-fee for an out-of-state shipper's permit for alcoholic liquor other than 1367
1638-beer shall be ninety dollars for a Connecticut manufacturer or 1368
1639-wholesaler holding such a permit and shall be one thousand two 1369
1640-hundred fifty dollars for any other person holding such a permit. For 1370
1641-purposes of this subsection, "farm winery" means any place or premises, 1371
1642-located on a farm in which wine is manufactured and sold provided not 1372
1643-less than twenty-five per cent of the fruit used in the manufacture of 1373 Substitute Bill No. 6459
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1650-such wine is produced on such farm. 1374
1651-Sec. 46. (NEW) (Effective July 1, 2021) Notwithstanding the provisions 1375
1652-of section 30-68m of the general statutes, the holder of a package store 1376
1653-permit issued pursuant to section 30-20 of the general statutes, as 1377
1654-amended by this act, may ship alcoholic liquor to a consumer located 1378
1655-out-of-state, and may sell such alcoholic liquor at below his or her cost, 1379
1656-subject to all applicable laws of the jurisdiction in which such consumer 1380
1657-is located. As used in this section, "out-of-state" means any state other 1381
1658-than Connecticut, any territory or possession of the United States, the 1382
1659-District of Columbia or the Commonwealth of Puerto Rico, but does not 1383
1660-include any foreign country. 1384
1661-Sec. 47. (NEW) (Effective July 1, 2021) (a) A permit issued pursuant to 1385
1662-title 30 of the general statutes for any on-premises consumption of 1386
1663-alcoholic liquor shall allow the retail sale of not more than two drinks to 1387
1664-any one person at any one time. 1388
1665-(b) The Commissioner of Consumer Protection shall amend any 1389
1666-existing regulations of Connecticut state agencies adopted under the 1390
1667-provisions of title 30 of the general statutes, in accordance with chapter 1391
1668-54 of the general statutes, to implement the provisions of subsection (a) 1392
1669-of this section. 1393
1670-Sec. 48. Section 9-1 of the general statutes is repealed and the 1394
1671-following is substituted in lieu thereof (Effective from passage): 1395
1672-Except as otherwise provided, the following terms, as used in this 1396
1673-title and sections 3-124, 7-5, 7-6, 7-7, 7-17, 7-20, 7-39, 7-157, 7-214, 7-275, 1397
1674-7-295, 7-343, 7-407, 8-1, 8-5, 8-19, 10-219, 11-36, 13a-11, [30-10, 30-11,] 45a-1398
1675-18, 45a-19 and 51-95 have the following meanings: 1399
1676-(a) "Ballot" means paper or other material containing the names of the 1400
1677-candidates or a statement of a proposed constitutional amendment or 1401
1678-other question or proposition to be voted on; 1402
1679-(b) "Board for admission of electors" means the board as composed 1403 Substitute Bill No. 6459
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1685-
1686-under subsection (a) of section 9-15a; 1404
1687-(c) "Clerical error" means any error in the registry list or enrollment 1405
1688-list due to a mistake or an omission on the part of the printer or a mistake 1406
1689-or omission made by the registrars or their assistants; 1407
1690-(d) "Election" means any electors' meeting at which the electors 1408
1691-choose public officials by use of voting tabulators or by paper ballots as 1409
1692-provided in section 9-272; 1410
1693-(e) "Elector" means any person possessing the qualifications 1411
1694-prescribed by the Constitution and duly admitted to, and entitled to 1412
1695-exercise, the privileges of an elector in a town; 1413
1696-(f) Repealed by P.A. 77-298, S. 14; 1414
1697-(g) "Municipal clerk" means the clerk of a municipality; 1415
1698-(h) "Municipal election" means the regularly recurring election held 1416
1699-in a municipality at which the electors of the municipality choose public 1417
1700-officials of such municipality; 1418
1701-(i) "Municipality" means any city, borough or town within the state; 1419
1702-(j) "Official ballot" means the official ballot to be used at an election, 1420
1703-or the official ballot to be used thereat in accordance with the provisions 1421
1704-of section 9-272; 1422
1705-(k) "Population" means the population according to the last-1423
1706-completed United States census; 1424
1707-(l) "Presidential electors" means persons elected to cast their ballots 1425
1708-for President and Vice President of the United States; 1426
1709-(m) "Print" means methods of duplication of words by mechanical 1427
1710-process, but shall not include typewriting; 1428
1711-(n) "Referendum" means (1) a question or proposal which is 1429 Substitute Bill No. 6459
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1717-
1718-submitted to a vote of the electors or voters of a municipality at any 1430
1719-regular or special state or municipal election, as defined in this section, 1431
1720-(2) a question or proposal which is submitted to a vote of the electors or 1432
1721-voters, as the case may be, of a municipality at a meeting of such electors 1433
1722-or voters, which meeting is not an election, as defined in subsection (d) 1434
1723-of this section, and is not a town meeting, or (3) a question or proposal 1435
1724-which is submitted to a vote of the electors or voters, as the case may be, 1436
1725-of a municipality at a meeting of such electors or voters pursuant to 1437
1726-section 7-7 or pursuant to charter or special act; 1438
1727-(o) "Regular election" means any state or municipal election; 1439
1728-(p) "Registrars" means the registrars of voters of the municipality; 1440
1729-(q) "Registry list" means the list of electors of any municipality 1441
1730-certified by the registrars; 1442
1731-(r) "Special election" means any election not a regular election; 1443
1732-(s) "State election" means the election held in the state on the first 1444
1733-Tuesday after the first Monday in November in the even-numbered 1445
1734-years in accordance with the provisions of the Constitution of 1446
1735-Connecticut; 1447
1736-(t) "State officers" means the Governor, Lieutenant Governor, 1448
1737-Secretary of the State, Treasurer, Comptroller and Attorney General; 1449
1738-(u) "Voter" means a person qualified to vote at town and district 1450
1739-meetings under the provisions of section 7-6; 1451
1740-(v) "Voting district" means any municipality, or any political 1452
1741-subdivision thereof, having not more than one polling place in a regular 1453
1742-election; 1454
1743-(w) "Voting tabulator" means a machine, including, but not limited 1455
1744-to, a device which operates by electronic means, for the registering and 1456
1745-recording of votes cast at elections, primaries and referenda; 1457 Substitute Bill No. 6459
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1751-
1752-(x) "Write-in ballot" means a vote cast for any person whose name 1458
1753-does not appear on the official ballot as a candidate for the office for 1459
1754-which the person's name is written in; and 1460
1755-(y) "The last session for admission of electors prior to an election" 1461
1756-means the day which is the seventh day prior to an election. 1462
1757-Sec. 49. Section 30-9 of the general statutes is repealed and the 1463
1758-following is substituted in lieu thereof (Effective from passage): 1464
1759-(a) The sale of alcoholic liquor or the sale of alcoholic liquor in one or 1465
1760-more classes of permits under the provisions of this chapter shall be 1466
1761-permitted in any town in the state until by vote of the town, taken [as 1467
1762-provided in section 30-10] by vote of its legislative body or, in a town 1468
1763-where the legislative body is a town meeting, by vote of the board of 1469
1764-selectmen, a contrary preference has been indicated; and nothing 1470
1765-contained in this chapter shall be construed to permit the sale of 1471
1766-alcoholic liquor in any town which has voted to the contrary. 1472
1767-(b) In all cases in which a town acted on the sale of alcoholic liquor 1473
1768-prior to the effective date of this section, such action shall remain in 1474
1769-effect until further action is taken in accordance with this chapter. 1475
1770-Sec. 50. (NEW) (Effective July 1, 2021) (a) A seasonal outdoor open-air 1476
1771-permit shall allow the retail sale of alcoholic liquor for consumption on 1477
1772-a lot, yard, green or other outdoor open space, provided: (1) The retail 1478
1773-sale and consumption of alcoholic liquor is allowed in such space by the 1479
1774-applicable local zoning, health and fire marshal officials; (2) the 1480
1775-permitted premises is not more than one square acre in size; (3) a 1481
1776-temporary fence or a wall not less than thirty inches high encloses the 1482
1777-permitted area; (4) restrooms or enclosed portable toilets are available 1483
1778-either within the permitted area or nearby; and (5) food is available for 1484
1779-sale to consumers for consumption on the permitted premises during all 1485
1780-hours that the permittee is engaging in the retail sale of alcoholic liquor. 1486
1781-Any such food may be prepared on the permitted premises, be provided 1487
1782-by a food truck or a caterer, or consist of prepackaged items. The 1488 Substitute Bill No. 6459
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1788-
1789-availability of area menus for delivery shall be deemed in compliance 1489
1790-with the requirements of this subsection. Nothing in this section shall be 1490
1791-construed to require that food be purchased with an alcoholic beverage. 1491
1792-(b) Tents, mobile units and other temporary fixtures may be included 1492
1793-within the permitted premises. A permittee under this section shall 1493
1794-maintain the permitted premises in a manner consistent with all 1494
1795-applicable local zoning, health and fire requirements. 1495
1796-(c) The seasonal outdoor open-air permit shall be effective either 1496
1797-April first to September thirtieth, inclusive, or May first to October 1497
1798-thirty-first, inclusive, of the same year. Such permit shall be issued by 1498
1799-the Department of Consumer Protection subject to the limitations on 1499
1800-hours of operation for a restaurant permittee, as specified in section 30-1500
1801-91 of the general statutes, as amended by this act. Any such permit shall 1501
1802-not be renewable and the issuance of a provisional seasonal outdoor 1502
1803-open-air permit is prohibited. Any backer of the permittee may only 1503
1804-apply for one such permit per calendar year. The provisions of 1504
1805-subsection (c) of section 30-39 of the general statutes, as amended by this 1505
1806-act, do not apply to such permit. The annual fee for a seasonal outdoor 1506
1807-open-air permit shall be two thousand dollars. 1507
1808-(d) The seasonal outdoor open-air permit shall allow the sale at retail 1508
1809-of draught beer for off-premise consumption in sealed containers 1509
1810-supplied by the permittee. Such sales shall be conducted only during 1510
1811-the hours a package store is permitted to sell alcoholic liquor under the 1511
1812-provisions of subsection (d) of section 30-91 of the general statutes, as 1512
1813-amended by this act. Not more than four liters of such beer shall be sold 1513
1814-to any person on any day on which the sale of alcoholic liquor is 1514
1815-authorized under the provisions of subsection (d) of section 30-91 of the 1515
1816-general statutes, as amended by this act. 1516
1817-Sec. 51. (NEW) (Effective July 1, 2021) Notwithstanding the provisions 1517
1818-of sections 30-16, 30-18 and 30-18a of the general statutes, as amended 1518
1819-by this act, no person shall repackage, relabel or sell wine manufactured 1519
1820-outside of this state for the purpose of selling such wine as Connecticut 1520 Substitute Bill No. 6459
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1826-
1827-made wine. 1521
1828-Sec. 52. Subsection (a) of section 30-20 of the general statutes is 1522
1829-repealed and the following is substituted in lieu thereof (Effective July 1, 1523
1830-2021): 1524
1831-(a) A package store permit shall allow the retail sale of alcoholic 1525
1832-liquor not to be consumed on the premises, such sales to be made only 1526
1833-in sealed bottles or other containers. The holder of a package store 1527
1834-permit may, in accordance with regulations adopted by the Department 1528
1835-of Consumer Protection pursuant to the provisions of chapter 54, offer 1529
1836-free samples of alcoholic liquor for tasting on the premises, conduct fee-1530
1837-based wine education and tasting classes and demonstrations and 1531
1838-conduct tastings or demonstrations provided by a permittee or backer 1532
1839-of a package store for a nominal charge to charitable nonprofit 1533
1840-organizations. Any offering, tasting, wine education and tasting class or 1534
1841-demonstration held on permit premises shall be conducted only during 1535
1842-the hours a package store is permitted to sell alcoholic liquor under 1536
1843-section 30-91, as amended by this act. No tasting of wine on the premises 1537
1844-shall be offered from more than ten uncorked bottles at any one time. 1538
1845-No store operating under a package store permit shall sell any 1539
1846-commodity other than alcoholic liquor except that, notwithstanding any 1540
1847-other provision of law, such store may sell (1) cigarettes and cigars, (2) 1541
1848-publications, (3) bar utensils, which shall include, but need not be 1542
1849-limited to, corkscrews, beverage strainers, stirrers or other similar items 1543
1850-used to consume or related to the consumption of alcoholic liquor, (4) 1544
1851-gift packages of alcoholic liquor shipped into the state by a 1545
1852-manufacturer or out-of-state shipper, which may include a nonalcoholic 1546
1853-item in the gift package that may be any item, except food or tobacco 1547
1854-products, provided the dollar value of the nonalcoholic items does not 1548
1855-exceed the dollar value of the alcoholic items of the package, (5) 1549
1856-complementary fresh fruits used in the preparation of mixed alcoholic 1550
1857-beverages, (6) cheese or crackers, or both, (7) olives, (8) nonalcoholic 1551
1858-beverages, (9) concentrates used in the preparation of mixed alcoholic 1552
1859-beverages, (10) beer and wine-making kits and products related to beer 1553 Substitute Bill No. 6459
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1865-
1866-and wine-making kits, (11) ice in any form, (12) articles of clothing 1554
1867-imprinted with advertising related to the alcoholic liquor industry, (13) 1555
1868-gift baskets or other containers of alcoholic liquor, (14) multiple 1556
1869-packages of alcoholic liquors, as defined in subdivision (3) of section 30-1557
1870-1, as amended by this act, provided in all such cases the minimum retail 1558
1871-selling price for such alcoholic liquor shall apply, (15) lottery tickets 1559
1872-authorized by the Department of Consumer Protection, if licensed as an 1560
1873-agent to sell such tickets by said department, (16) devices and related 1561
1874-accessories designed primarily for accessing and extracting a beverage 1562
1875-containing alcohol from prepackaged containers, including pods, 1563
1876-pouches or similar containers, but excluding devices that are not 1564
1877-designed primarily for such purposes, including, but not limited to, 1565
1878-household blenders, and [(16)] (17) gift baskets containing only 1566
1879-containers of alcoholic liquor and commodities authorized for sale 1567
1880-under subdivisions (1) to [(15)] (16), inclusive, of this subsection. A 1568
1881-package store permit shall also allow the taking and transmitting of 1569
1882-orders for delivery of such merchandise in other states. 1570
1883-Notwithstanding any other provision of law, a package store permit 1571
1884-shall allow the participation in any lottery ticket promotion or giveaway 1572
1885-sponsored by the Department of Consumer Protection. The annual fee 1573
1886-for a package store permit shall be five hundred thirty-five dollars. 1574
1887-Sec. 53. Section 30-37p of the general statutes is repealed and the 1575
1888-following is substituted in lieu thereof (Effective from passage): 1576
1889-(a) A gift basket retailer permit shall allow the retail sale of wine, 1577
1890-mead or beer. Such wine, mead or beer shall be included in a gift basket 1578
1891-sold at retail by the permit holder. Such wine, mead or beer shall not be 1579
1892-consumed on the premises. The holder of a gift basket retailer permit 1580
1893-shall be located in this state and such wine, mead or beer shall only be 1581
1894-purchased by such permit holder from the holder of a package store 1582
1895-permit issued pursuant to section 30-20, as amended by this act, the 1583
1896-holder of a manufacturer permit for a farm winery issued pursuant to 1584
1897-subsection (c) of section 30-16, the holder of a manufacturer permit for 1585
1898-wine, cider and mead issued pursuant to subsection (d) of section 30-16, 1586 Substitute Bill No. 6459
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1904-
1905-or the holder of a manufacturer permit for beer issued pursuant to 1587
1906-subsection (b) of section 30-16. 1588
1907-(b) The holder of a gift basket retailer permit may sell gift baskets 1589
1908-which may include (1) a maximum of four bottles of wine or mead per 1590
1909-basket or a maximum of seventy-two ounces of beer per basket, (2) food 1591
1910-items, (3) nonalcoholic beverages, (4) concentrates used in the 1592
1911-preparation of mixed alcoholic beverages, (5) wine-making kits and 1593
1912-beer-making kits and products related to such kits, (6) ice in any form, 1594
1913-(7) articles of clothing imprinted with advertising related to the alcoholic 1595
1914-liquor industry or the permittee's gift basket business, (8) flowers, plants 1596
1915-and garden-related items, (9) drinking glasses, bottle opening devices 1597
1916-and literature related to wine, mead or beer, or (10) gift certificates. The 1598
1917-sale of such gift baskets shall only take place during the times permitted 1599
1918-for the sale of alcoholic liquor in places operating under package store 1600
1919-permits pursuant to section 30-91, as amended by this act. The holder of 1601
1920-a gift basket retailer permit shall not sell such gift baskets on premises 1602
1921-operating under any other permit issued pursuant to this title. Nothing 1603
1922-in this section shall prohibit the holder of a package store permit issued 1604
1923-pursuant to section 30-20, as amended by this act, from selling any item 1605
1924-permitted for sale by such permittee pursuant to said section. 1606
1925-(c) The annual fee for a gift basket retailer permit shall be two 1607
1926-hundred dollars. 1608
1927-Sec. 54. Subsection (a) of section 30-16 of the general statutes is 1609
1928-repealed and the following is substituted in lieu thereof (Effective July 1, 1610
1929-2021): 1611
1930-(a) As used in this subsection, "proof gallon" has the same meaning 1612
1931-as provided in section 12-433. A manufacturer permit for spirits shall 1613
1932-allow the manufacture of spirits and the storage, bottling and wholesale 1614
1933-distribution and sale of spirits manufactured or bottled to permittees in 1615
1934-this state and without the state as may be permitted by law; but no such 1616
1935-permit shall be granted unless the place or the plan of the place of 1617
1936-manufacture has received the approval of the Department of Consumer 1618 Substitute Bill No. 6459
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1942-
1943-Protection. The holder of a manufacturer permit for spirits who 1619
1944-produces less than fifty thousand proof gallons of spirits in a calendar 1620
1945-year may sell at retail from the premises sealed bottles or other sealed 1621
1946-containers of spirits manufactured on the premises for consumption off 1622
1947-the premises, provided such holder shall not sell to any one consumer 1623
1948-more than three liters of spirits per day nor more than five gallons of 1624
1949-spirits in any two-month period. Retail sales by a holder of a 1625
1950-manufacturer permit for spirits shall occur only on the days and times 1626
1951-permitted under subsection (d) of section 30-91, as amended by this act. 1627
1952-A holder of a manufacturer permit for spirits, alone or in combination 1628
1953-with any parent or subsidiary business or related or affiliated party, who 1629
1954-sells more than ten thousand gallons of spirits in any calendar year may 1630
1955-not sell spirits at wholesale to retail permittees within this state. Such 1631
1956-permit shall also authorize the offering and tasting, on the premises of 1632
1957-the permittee, of free samples of spirits distilled on the premises. Such 1633
1958-free samples of spirits distilled on the premises may be offered for 1634
1959-consumption in combination with a nonalcoholic beverage. Tastings 1635
1960-shall not exceed two ounces per patron per day and shall not be allowed 1636
1961-on such premises on Sunday before eleven o'clock a.m. and after eight 1637
1962-o'clock p.m. and on any other day before ten o'clock a.m. and after eight 1638
1963-o'clock p.m. No tastings shall be offered to or allowed to be consumed 1639
1964-by any minor or intoxicated person. A holder of a manufacturer permit 1640
1965-for spirits may apply for and shall receive an out-of-state shipper's 1641
1966-permit for manufacturing plants and warehouse locations outside the 1642
1967-state owned by such manufacturer or a subsidiary corporation thereof, 1643
1968-at least eighty-five per cent of the voting stock of which is owned by 1644
1969-such manufacturer, to bring into any of its plants or warehouses in the 1645
1970-state spirits for reprocessing, repackaging, reshipment or sale either (1) 1646
1971-within the state to wholesaler permittees not owned or controlled by 1647
1972-such manufacturer, or (2) outside the state. The annual fee for a 1648
1973-manufacturer permit for spirits shall be one thousand eight hundred 1649
1974-fifty dollars. 1650
1975-Sec. 55. Sections 30-6c and 30-58b of the general statutes are repealed. 1651
1976-(Effective July 1, 2021) 1652 Substitute Bill No. 6459
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1982-
24+Section 1. (NEW) (Effective January 1, 2022) The Commissioner of 1
25+Consumer Protection shall study the types of current alcoholic liquor 2
26+permits and the need for such permits and shall submit a report in 3
27+accordance with the provisions of section 11-4a of the general statutes, 4
28+to the joint standing committee of the General Assembly having 5
29+cognizance of matters relating to general law. Such report shall include 6
30+the commissioner's recommendations, if any, regarding amendments to 7
31+the Liquor Control Act. 8
198332 This act shall take effect as follows and shall amend the following
198433 sections:
198534
1986-Section 1 July 1, 2021 30-1
1987-Sec. 2 July 1, 2021 30-12
1988-Sec. 3 July 1, 2021 30-13a
1989-Sec. 4 July 1, 2021 30-14(a)
1990-Sec. 5 July 1, 2021 30-22c(b)
1991-Sec. 6 July 1, 2021 30-24
1992-Sec. 7 July 1, 2021 30-24b
1993-Sec. 8 July 1, 2021 30-25
1994-Sec. 9 July 1, 2021 30-25a
1995-Sec. 10 July 1, 2021 30-37f
1996-Sec. 11 July 1, 2021 30-38
1997-Sec. 12 July 1, 2021 30-45
1998-Sec. 13 July 1, 2021 30-46
1999-Sec. 14 July 1, 2021 30-46a
2000-Sec. 15 July 1, 2021 30-48
2001-Sec. 16 July 1, 2021 30-48a(a) to (c)
2002-Sec. 17 July 1, 2021 30-51
2003-Sec. 18 July 1, 2021 30-53
2004-Sec. 19 July 1, 2021 30-54
2005-Sec. 20 July 1, 2021 30-68l(b)
2006-Sec. 21 July 1, 2021 30-81
2007-Sec. 22 July 1, 2021 30-90
2008-Sec. 23 July 1, 2021 30-91
2009-Sec. 24 July 1, 2021 30-91a
2010-Sec. 25 July 1, 2021 30-7
2011-Sec. 26 July 1, 2021 30-8
2012-Sec. 27 July 1, 2021 30-17
2013-Sec. 28 July 1, 2021 30-33
2014-Sec. 29 July 1, 2021 30-35b
2015-Sec. 30 July 1, 2021 30-36
2016-Sec. 31 July 1, 2021 30-37
2017-Sec. 32 July 1, 2021 30-37j
2018-Sec. 33 from passage 30-39
2019-Sec. 34 July 1, 2021 30-55
2020-Sec. 35 July 1, 2021 30-56
2021-Sec. 36 July 1, 2021 30-59
2022-Sec. 37 July 1, 2021 30-61 Substitute Bill No. 6459
35+Section 1 January 1, 2022 New section
36+ Raised Bill No. 6459
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202839
2029-Sec. 38 July 1, 2021 30-64b
2030-Sec. 39 July 1, 2021 30-67
2031-Sec. 40 July 1, 2021 30-68n
2032-Sec. 41 July 1, 2021 30-86(d)
2033-Sec. 42 July 1, 2021 30-93a
2034-Sec. 43 July 1, 2021 30-113
2035-Sec. 44 July 1, 2021 30-22a(m)
2036-Sec. 45 July 1, 2021 30-18(a)
2037-Sec. 46 July 1, 2021 New section
2038-Sec. 47 July 1, 2021 New section
2039-Sec. 48 from passage 9-1
2040-Sec. 49 from passage 30-9
2041-Sec. 50 July 1, 2021 New section
2042-Sec. 51 July 1, 2021 New section
2043-Sec. 52 July 1, 2021 30-20(a)
2044-Sec. 53 from passage 30-37p
2045-Sec. 54 July 1, 2021 30-16(a)
2046-Sec. 55 July 1, 2021 Repealer section
40+LCO No. 3420 2 of 2
204741
2048-GL Joint Favorable Subst.
42+Statement of Purpose:
43+To require the Commissioner of Consumer Protection to study the types
44+of current alcoholic liquor permits and the need for such permits and
45+submit a report regarding amendments to the Liquor Control Act.
46+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
47+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
48+underlined.]
204949