LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459-R01- HB.docx 1 of 54 General Assembly Substitute Bill No. 6495 January Session, 2021 AN ACT CONCERNING TH E DEPARTMENT OF CONS UMER PROTECTION AND REVIS IONS TO THE LIQUOR CONTROL ACT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 30-1 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 For the interpretation of this chapter, unless the context indicates a 3 different meaning: 4 (1) "Airline" means any United States airline carrier, holding a 5 certificate of public convenience and necessity from the Civil 6 Aeronautics Board under Section 401 of the Federal Aviation Act of 7 1958, as amended, or any foreign flag carrier, holding a permit under 8 Section 402 of such act. 9 (2) "Alcohol" means the product of distillation of any fermented 10 liquid, rectified either once or more often, whatever may be the origin 11 thereof, and includes synthetic ethyl alcohol which is considered 12 nonpotable. 13 (3) "Alcoholic liquor" or "alcoholic beverage" includes the four 14 varieties of liquor defined in subdivisions (2), (5), (16) and (17) of this 15 section (alcohol, beer, spirits and wine) and every liquid or solid, 16 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 2 of 54 patented or not, containing alcohol, spirits, wine or beer and capable of 17 being consumed by a human being for beverage purposes. Any liquid 18 or solid containing more than one of the four varieties so defined is 19 considered as belonging to that variety which has the higher percentage 20 of alcohol, according to the following order: Alcohol, spirits, wine and 21 beer, except as provided in subdivision [(20)] (17) of this section. The 22 provisions of this chapter shall not apply to any liquid or solid 23 containing less than one-half of one per cent of alcohol by volume. 24 (4) "Backer" means, except in cases where the permittee is himself the 25 proprietor, the proprietor of any business or club, incorporated or 26 unincorporated, engaged in the manufacture or sale of alcoholic liquor, 27 in which business a permittee is associated, whether as employee, agent 28 or part owner. 29 (5) "Beer" means any beverage obtained by the alcoholic fermentation 30 of an infusion or decoction of barley, malt and hops in drinking water. 31 (6) (A) "Case price" means the price of a container of cardboard, wood 32 or other material, containing units of the same size and class of alcoholic 33 liquor, and (B) a case of alcoholic liquor, other than beer, cordials, 34 cocktails, wines and prepared mixed drinks, shall be in the number and 35 quantity, or fewer, with the permission of the Commissioner of 36 Consumer Protection, of units or bottles as follows: (i) Six one thousand 37 seven hundred fifty milliliter bottles; (ii) twelve one liter bottles; (iii) 38 twelve seven hundred fifty milliliter bottles; (iv) twenty-four three 39 hundred seventy-five milliliter bottles; (v) forty-eight two hundred 40 milliliter bottles; (vi) sixty one hundred milliliter bottles; or (vii) one 41 hundred twenty fifty milliliter bottles, except a case of fifty milliliter 42 bottles may be in a number and quantity as originally configured, 43 packaged and sold by the manufacturer or out-of-state shipper prior to 44 shipment, provided such number of bottles does not exceed two 45 hundred. The commissioner shall not authorize fewer numbers or 46 quantities of units or bottles as specified in this subdivision for any one 47 person or entity more than eight times in any calendar year. For the 48 purposes of this subdivision, "class" has the same meaning as defined in 49 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 3 of 54 27 CFR 5.22 for spirits, as defined in 27 CFR 4.21 for wine, and as defined 50 in 27 CFR 7.24 for beer. 51 (7) "Charitable organization" means any nonprofit organization 52 organized for charitable purposes to which has been issued a ruling by 53 the Internal Revenue Service classifying it as an exempt organization 54 under Section 501(c)(3) of the Internal Revenue Code. 55 (8) "Coliseum" means a coliseum as defined in section 30-33a. 56 (9) "Commission" means the Liquor Control Commission and 57 "department" means the Department of Consumer Protection. 58 (10) "Mead" means fermented honey, with or without adjunct 59 ingredients or additions, regardless of alcohol content, regardless of 60 process, and regardless of being sparkling, carbonated or still. 61 (11) "Minor" means any person under twenty-one years of age. 62 (12) "Person" means natural person including partners but shall not 63 include corporations, limited liability companies, joint stock companies 64 or other associations of natural persons. 65 (13) "Proprietor" [shall include] includes all owners of businesses or 66 clubs, included in subdivision (4) of this section, whether such owners 67 are individuals, partners, joint stock companies, fiduciaries, 68 stockholders of corporations or otherwise, but [shall] does not include 69 persons or corporations who are merely creditors of such businesses or 70 clubs, whether as note holders, bond holders, landlords or franchisors. 71 (14) "Dining room" means a room or rooms in premises operating 72 under a hotel permit, hotel beer permit, restaurant permit, restaurant 73 permit for beer or cafe permit issued pursuant to subsection (j) or (k) of 74 section 30-22a, where meals are customarily served, within the room or 75 rooms, to any member of the public who has means of payment and 76 proper demeanor. 77 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 4 of 54 (15) "Restaurant" means a restaurant, as defined in section 30-22. 78 (16) "Spirits" means any beverage that contains alcohol obtained by 79 distillation mixed with drinkable water and other substances in 80 solution, including brandy, rum, whiskey and gin. 81 (17) "Wine" means any alcoholic beverage obtained by the 82 fermentation of the natural sugar content of fruits, such as grapes or 83 apples or other agricultural products, containing sugar, including 84 fortified wines such as port, sherry and champagne. 85 (18) "Nonprofit public television corporation" means a nonprofit 86 public television corporation, as defined in section 30-37d. 87 Sec. 2. Section 30-12 of the general statutes is repealed and the 88 following is substituted in lieu thereof (Effective July 1, 2021): 89 When any town has so voted upon the question of liquor permits, any 90 liquor permit granted in such town which is not in accordance with such 91 vote shall be void except manufacturer permits [, railroad permits and 92 golf country club] and cafe permits issued pursuant to subsections (g) 93 and (k) of section 30-22a. 94 Sec. 3. Section 30-13a of the general statutes is repealed and the 95 following is substituted in lieu thereof (Effective July 1, 2021): 96 In any case in which a town has, under the provisions of this part, 97 acted, prior to October 1, 1965, to prohibit the sale of alcoholic liquor or 98 restrict such sale to beer only, such action shall not apply to the sale of 99 alcoholic liquor under a [golf country club] cafe permit issued pursuant 100 to subsection (g) of section 30-22a, except that the granting of any such 101 permit by the Department of Consumer Protection shall be subject to the 102 provisions of section 30-25a, as amended by this act. [provided any such 103 permit issued prior to October 1, 1973, shall be subject to the provisions 104 of said section 30-25a only if the holder fails to renew such permit or it 105 is revoked by the department for cause.] 106 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 5 of 54 Sec. 4. Subsection (a) of section 30-14 of the general statutes is 107 repealed and the following is substituted in lieu thereof (Effective July 1, 108 2021): 109 (a) A permit shall be a purely personal privilege that expires 110 annually, except a permit issued under sections 30-25, as amended by 111 this act, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, and revocable in the 112 discretion of the Department of Consumer Protection subject to appeal 113 as provided in section 30-55, as amended by this act. A permit shall not 114 constitute property, nor shall it be subject to attachment and execution, 115 nor shall it be alienable, except that it shall descend to the estate of a 116 deceased permittee by the laws of testate or intestate succession. [A 117 railroad permit or an] An airline permit or a cafe permit issued pursuant 118 to subsection (k) of section 30-22a shall be granted to the [railroad 119 corporation or] airline corporation or railway corporation and not to any 120 person, and the corporation shall be the permittee. 121 Sec. 5. Subsection (b) of section 30-22c of the general statutes is 122 repealed and the following is substituted in lieu thereof (Effective July 1, 123 2021): 124 (b) The holder of a cafe permit issued pursuant to subsection (a) of 125 section 30-22a may operate a juice bar or similar facility at a permit 126 premises if the juice bar or similar facility is limited to a room or rooms 127 or separate area within the permit premises wherein there is no sale, 128 consumption, dispensing or presence of alcoholic liquor. 129 Sec. 6. Section 30-24 of the general statutes is repealed and the 130 following is substituted in lieu thereof (Effective July 1, 2021): 131 Spouses of members of any club or golf country club which holds a 132 permit under [the provisions of this chapter] subsection (g) or (h) of 133 section 30-22a may be allowed to participate in all of the privileges of 134 [said] such club or golf country club, by vote of [said] such members, 135 and shall not be considered guests for purposes of the general statutes 136 or regulations of the Department of Consumer Protection. 137 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 6 of 54 Sec. 7. Section 30-24b of the general statutes is repealed and the 138 following is substituted in lieu thereof (Effective July 1, 2021): 139 Auxiliary members who are spouses of members or surviving 140 spouses of former deceased members of any club specified in 141 subsections (g) to (i), inclusive, of section 30-22a which holds a permit 142 under the provisions of this chapter may be allowed to participate in all 143 the privileges of such club, by vote of such club members and shall not 144 be considered guests for purposes of the general statutes or regulations 145 of the Department of Consumer Protection. 146 Sec. 8. Section 30-25 of the general statutes is repealed and the 147 following is substituted in lieu thereof (Effective July 1, 2021): 148 (a) A special club permit shall allow the sale of alcoholic liquor by the 149 drink at retail to be consumed at the grounds of an outdoor picnic 150 conducted by a club or golf country club. Such permits shall be issued 151 only to holders of [club or golf country club] cafe permits issued 152 pursuant to subsections (g) to (i), inclusive, of section 30-22a and shall 153 be issued on a daily basis subject to the hours of sale in section 30-91, as 154 amended by this act, and shall be the same as provided therein for clubs 155 and golf country clubs. The exception that applies to [railroad and boat] 156 cafe permits issued pursuant to subsections (j) and (k) of section 30-22a 157 that is set forth in section 30-48, as amended by this act, shall apply to 158 such a special club permit. No such club or golf country club shall be 159 granted more than four such special club permits during any one 160 calendar year. 161 (b) The Department of Consumer Protection shall have full discretion 162 in the issuance of such special club permits as to suitability of place and 163 may [make] adopt any regulations, in accordance with the provisions of 164 chapter 54, with respect thereto. 165 (c) The fee for such a special club permit shall be fifty dollars per day. 166 Sec. 9. Section 30-25a of the general statutes is repealed and the 167 following is substituted in lieu thereof (Effective July 1, 2021): 168 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 7 of 54 Notwithstanding any provision of part III of this chapter, but subject 169 to the approval by referendum of the municipality wherein the golf club 170 is located, a [club] cafe permit, as specified in subsection (g) of section 171 30-22a, shall be granted by the Department of Consumer Protection, in 172 the manner provided in section 30-39, as amended by this act, to any 173 golf club which has been in existence as a bona fide organization for at 174 least five years and which maintains a golf course of not less than 175 eighteen holes and a course length of at least fifty-five hundred yards, 176 and a club house with full facilities, including locker rooms, a restaurant 177 and a lounge, to serve only members and their guests, but no outside 178 parties or groups of nonmembers. The cost of such referendum shall be 179 borne by such golf club. 180 Sec. 10. Section 30-37f of the general statutes is repealed and the 181 following is substituted in lieu thereof (Effective July 1, 2021): 182 (a) Notwithstanding the provisions of any general statute or 183 regulation to the contrary, (1) the state of Connecticut, as owner or lessor 184 of premises at Bradley International Airport, shall be permitted to enter 185 into an arrangement with any concessionaire or lessee holding a permit 186 or permits at Bradley International Airport, and receive payments from 187 such concessionaire or lessee, without regard to the level or percentage 188 of gross receipts from the gross sales of alcoholic liquor by such 189 concessionaire or lessee; (2) any person may be a permittee for more 190 than one [airport permit or class of airport permit] cafe permit issued 191 pursuant to subsection (d) of section 30-22a; and (3) any area subject to 192 a permit in Bradley International Airport that is contiguous to or within 193 any concourse area shall not be required to provide a single point of 194 egress or ingress or to effectively separate the bar area or any dining 195 area from the concourse area by means of partitions, fences, or doors, 196 provided that a permittee of such area may be required by the 197 Department of Consumer Protection to provide a barrier to separate the 198 back bar area from the concourse area to prevent public access to the 199 portion of the back bar area from which liquor is dispensed, if physically 200 practicable. 201 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 8 of 54 (b) Sections 30-9 to 30-13a, inclusive, as amended by this act, section 202 30-23, subdivision (2) of subsection (b) of section 30-39, as amended by 203 this act, subsection (c) of section 30-39, as amended by this act, and 204 sections 30-44, 30-46, as amended by this act, 30-48a, as amended by this 205 act, and 30-91a, as amended by this act, shall not apply to [any class of 206 airport permit] a cafe permit issued pursuant to subsection (d) of section 207 30-22a. 208 Sec. 11. Section 30-38 of the general statutes is repealed and the 209 following is substituted in lieu thereof (Effective July 1, 2021): 210 Each permit granted under the provisions of [section] sections 30-16, 211 as amended by this act, 30-17, as amended by this act, 30-20, as amended 212 by this act, [30-20a,] 30-21, 30-21b, 30-22, 30-22a, as amended by this act, 213 [30-23, 30-24a, 30-26, 30-28,] 30-28a, [30-29,] 30-33a [, 30-33b,] and 30-36, 214 as amended by this act, [30-37c or 30-37e,] shall also, under the 215 regulations of the Department of Consumer Protection, allow the 216 storage, on the premises and at one other secure location registered with 217 and approved by the department, of sufficient quantities of alcoholic 218 liquor respectively allowed to be sold under such permits as may be 219 necessary for the business conducted by the respective permittees or 220 their backers; but no such permit shall be granted under the provisions 221 of section 30-16 or 30-17, as amended by this act, unless such storage 222 facilities are provided and the place of storage receives the approval of 223 the department as to suitability, and thereafter no place of storage shall 224 be changed nor any new place of storage utilized without the approval 225 of the department. 226 Sec. 12. Section 30-45 of the general statutes is repealed and the 227 following is substituted in lieu thereof (Effective July 1, 2021): 228 The Department of Consumer Protection shall refuse permits for the 229 sale of alcoholic liquor to the following persons: (1) Any state marshal, 230 judicial marshal, judge of any court, prosecuting officer or member of 231 any police force, (2) a minor, and (3) any constable who performs 232 criminal law enforcement duties and is considered a peace officer by 233 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 9 of 54 town ordinance pursuant to the provisions of subsection (a) of section 234 54-1f, any constable who is certified under the provisions of sections 7-235 294a to 7-294e, inclusive, who performs criminal law enforcement duties 236 pursuant to the provisions of subsection (c) of section 54-1f, or any 237 special constable appointed pursuant to section 7-92. This section shall 238 not apply to out-of-state shippers' [, boat] permits, cafe permits issued 239 pursuant to subsection (j) of section 30-22a and airline permits. As used 240 in this section, "minor" means a minor, as defined in section 1-1d or as 241 defined in section 30-1, as amended by this act, whichever age is older. 242 Sec. 13. Section 30-46 of the general statutes is repealed and the 243 following is substituted in lieu thereof (Effective July 1, 2021): 244 (a) The Department of Consumer Protection may, except as to a store 245 engaged chiefly in the sale of groceries, in its discretion, suspend, revoke 246 or refuse to grant or renew a permit for the sale of alcoholic liquor if it 247 has reasonable cause to believe: (1) That the proximity of the permit 248 premises will have a detrimental effect upon any church, public or 249 parochial school, convent, charitable institution, whether supported by 250 private or public funds, hospital or veterans' home or any camp, 251 barracks or flying field of the armed forces; (2) that such location is in 252 such proximity to a no-permit town that it is apparent that the applicant 253 is seeking to obtain the patronage of such town; (3) that the number of 254 permit premises in the locality is such that the granting of a permit is 255 detrimental to the public interest, and, in reaching a conclusion in this 256 respect, the department may consider the character of, the population 257 of, the number of like permits and number of all permits existent in, the 258 particular town and the immediate neighborhood concerned, the effect 259 which a new permit may have on such town or neighborhood or on like 260 permits existent in such town or neighborhood; (4) that the place has 261 been conducted as a lewd or disorderly establishment; (5) that the 262 backer does not have a right to occupy the permit premises; (6) that 263 drive-up sales of alcoholic liquor are being made at the permit premises; 264 or (7) that there is any other reason as provided by state or federal law 265 or regulation which warrants such refusal. 266 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 10 of 54 (b) (1) The existence of a coliseum permit [or a coliseum concession 267 permit] shall not be a factor to be taken into consideration under 268 subdivision (3) of subsection (a) of this section. (2) The provisions of 269 subdivisions (1), (2) and (3) of subsection (a) of this section shall not 270 apply to the granting of a coliseum permit. [or a coliseum concession 271 permit. (3) The provisions of subdivisions (1), (2), (3), (5) and (6) of 272 subsection (a) of this section shall not apply to the granting of any 273 special sporting facility permit provided for in section 30-33b.] 274 [(c) Alcoholic liquor may be sold at retail for consumption within a 275 special sporting facility only under the permits provided for in section 276 30-33b. The number of permits of any class, the location where alcoholic 277 liquor is to be sold under any such permit, the number of locations to be 278 operated under a special sporting facility concession permit, and the 279 areas within such facility where alcoholic liquor may be consumed shall 280 be determined by the Department of Consumer Protection in its 281 discretion.] 282 Sec. 14. Section 30-46a of the general statutes is repealed and the 283 following is substituted in lieu thereof (Effective July 1, 2021): 284 The issuance of a coliseum permit [or a coliseum concession permit, 285 or both,] shall not prohibit the issuance of a restaurant permit permitted 286 under this chapter for a restaurant within a coliseum. 287 Sec. 15. Section 30-48 of the general statutes is repealed and the 288 following is substituted in lieu thereof (Effective July 1, 2021): 289 (a) No backer or permittee of one permit class shall be a backer or 290 permittee of any other permit class except in the case of [any class of 291 airport, railroad, airline and boat permits,] cafe permits issued pursuant 292 to subsection (d), (j) or (k) of section 30-22a and except that: (1) A backer 293 of a hotel or restaurant permit may be a backer of both such classes; (2) 294 a holder or backer of a restaurant permit or a cafe permit issued 295 pursuant to subsection (a) of section 30-22a may be a holder or backer 296 of any other or all of such classes; (3) a holder or backer of a restaurant 297 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 11 of 54 permit may be a holder or backer of a [bowling establishment] cafe 298 permit issued pursuant to subsection (f) of section 30-22a; (4) a backer 299 of a restaurant permit may be a backer of a coliseum permit [or a 300 coliseum concession permit, or both,] when such restaurant is within a 301 coliseum; (5) a backer of a hotel permit may be a backer of a coliseum 302 permit; [or a coliseum concession permit, or both; (6) a backer of a 303 coliseum permit may be a backer of a coliseum concession permit; (7) a 304 backer of a coliseum concession permit may be a backer of a coliseum 305 permit; (8)] (6) a backer of a grocery store beer permit may be a backer 306 of a package store permit if such was the case on or before May 1, 1996; 307 [(9)] (7) a backer of a [university] cafe permit issued pursuant to 308 subsection (m) of section 30-22a, as amended by this act, may be a backer 309 of a nonprofit theater permit; [(10)] (8) a backer of a nonprofit theater 310 permit may be a holder or backer of a hotel permit or a coliseum permit; 311 [(11) a holder or backer of a restaurant permit may be a holder or backer 312 of a special outing facility permit; (12)] (9) a backer of a concession 313 permit may be a backer of a coliseum permit; [or a coliseum concession 314 permit, or both; (13)] (10) a holder of an out-of-state winery shipper's 315 permit for wine may be a holder of an in-state transporter's permit or an 316 out-of-state entity wine festival permit issued pursuant to section 30-317 37m, or of both such permits; [(14)] (11) a holder of an out-of-state 318 shipper's permit for alcoholic liquor other than beer may be a holder of 319 an in-state transporter's permit; [(15)] (12) a holder of a manufacturer 320 permit for a farm winery or the holder of a manufacturer permit for 321 wine, cider and mead may be a holder of an in-state transporter's permit, 322 a wine festival permit issued pursuant to section 30-37l, a farmers' 323 market sales permit issued pursuant to subsection (a) of section 30-37o, 324 an off-site farm winery sales and tasting permit issued pursuant to 325 section 30-16a or of any combination of such permits; [(16)] (13) a holder 326 of a manufacturer permit for beer may be a holder of a farmers' market 327 sales permit issued pursuant to section 30-37o; [. Any person may be a 328 permittee of more than one permit; and (17)] (14) the holder of a 329 manufacturer permit for spirits, a manufacturer permit for beer, a 330 manufacturer permit for a farm winery or a manufacturer permit for 331 wine, cider and mead may be a holder of a Connecticut craft cafe permit, 332 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 12 of 54 a restaurant permit or a restaurant permit for wine and beer; and (15) 333 the holder of a restaurant permit or a cafe permit may be the holder of a 334 seasonal outdoor open-air permit issued pursuant to section 50 of this 335 act. Any person may be a permittee of more than one permit. No holder 336 of a manufacturer permit for a brew pub and no spouse or child of such 337 holder may be a holder or backer of more than three restaurant permits 338 or cafe permits. 339 (b) No permittee or backer thereof and no employee or agent of such 340 permittee or backer shall borrow money or receive credit in any form 341 for a period in excess of thirty days, directly or indirectly, from any 342 manufacturer permittee, or backer thereof, or from any wholesaler 343 permittee, or backer thereof, of alcoholic liquor or from any member of 344 the family of such manufacturer permittee or backer thereof or from any 345 stockholder in a corporation manufacturing or wholesaling such liquor, 346 and no manufacturer permittee or backer thereof or wholesaler 347 permittee or backer thereof or member of the family of either of such 348 permittees or of any such backer, and no stockholder of a corporation 349 manufacturing or wholesaling such liquor shall lend money or 350 otherwise extend credit, directly or indirectly, to any such permittee or 351 backer thereof or to the employee or agent of any such permittee or 352 backer. A wholesaler permittee or backer, or a manufacturer permittee 353 or backer, that has not received payment in full from a retailer permittee 354 or backer within thirty days after the date such credit was extended to 355 such retailer or backer or to an employee or agent of any such retailer or 356 backer, shall give a written notice of obligation to such retailer within 357 the five days following the expiration of the thirty-day period of credit. 358 The notice of obligation shall state: The amount due; the date credit was 359 extended; the date the thirty-day period ended, and that the retailer is 360 in violation of this section. A retailer who disputes the accuracy of the 361 "notice of obligation" shall, within the ten days following the expiration 362 of the thirty-day period of credit, give a written response to notice of 363 obligation to the department and give a copy to the wholesaler or 364 manufacturer who sent the notice. The response shall state the retailer's 365 basis for dispute and the amount, if any, admitted to be owed for more 366 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 13 of 54 than thirty days; the copy forwarded to the wholesaler or manufacturer 367 shall be accompanied by the amount admitted to be due, if any, and 368 such payment shall be made and received without prejudice to the 369 rights of either party in any civil action. Upon receipt of the retailer's 370 response, the chairman of the commission or such chairman's designee 371 shall conduct an informal hearing with the parties being given equal 372 opportunity to appear and be heard. If the chairman or such chairman's 373 designee determines that the notice of obligation is accurate, the 374 department shall forthwith issue an order directing the wholesaler or 375 manufacturer to promptly give all manufacturers and wholesalers 376 engaged in the business of selling alcoholic liquor to retailers in this 377 state, a "notice of delinquency". The notice of delinquency shall identify 378 the delinquent retailer, and state the amount due and the date of the 379 expiration of the thirty-day credit period. No wholesaler or 380 manufacturer receiving a notice of delinquency shall extend credit by 381 the sale of alcoholic liquor or otherwise to such delinquent retailer until 382 after the manufacturer or wholesaler has received a "notice of 383 satisfaction" from the sender of the notice of delinquency. If the 384 chairman or such chairman's designee determines that the notice of 385 obligation is inaccurate, the department shall forthwith issue an order 386 prohibiting a notice of delinquency. The party for whom the 387 determination by the chairman or such chairman's designee was 388 adverse, shall promptly pay to the department a part of the cost of the 389 proceedings as determined by the chairman or such chairman's 390 designee, which shall not be less than fifty dollars. The department may 391 suspend or revoke the permit of any permittee who, in bad faith, gives 392 an incorrect notice of obligation, an incorrect response to notice of 393 obligation, or an unauthorized notice of delinquency. If the department 394 does not receive a response to the notice of obligation within such ten-395 day period, the delinquency shall be deemed to be admitted and the 396 wholesaler or manufacturer who sent the notice of obligation shall, 397 within the three days following the expiration of such ten-day period, 398 give a notice of delinquency to the department and to all wholesalers 399 and manufacturers engaged in the business of selling alcoholic liquor to 400 retailers in this state. A notice of delinquency identifying a retailer who 401 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 14 of 54 does not file a response within such ten-day period shall have the same 402 effect as a notice of delinquency given by order of the chairman or such 403 chairman's designee. A wholesaler permittee or manufacturer permittee 404 that has given a notice of delinquency and that receives full payment for 405 the credit extended, shall, within three days after the date of full 406 payment, give a notice of satisfaction to the department and to all 407 wholesalers and manufacturers to whom a notice of delinquency was 408 sent. The prohibition against extension of credit to such retailer shall be 409 void upon such full payment. The department may revoke or suspend 410 any permit for a violation of this section. An appeal from an order of 411 revocation or suspension issued in accordance with this section may be 412 taken in accordance with section 30-60. 413 (c) If there is a proposed change or change in ownership of a retail 414 permit premises, no application for a permit shall be approved until the 415 applicant files with the department an affidavit executed by the seller of 416 the retail permit premises stating that all obligations of the predecessor 417 permittee for the purchase of alcoholic liquor at such permit premises 418 have been paid or that such applicant did not receive direct or indirect 419 consideration from the predecessor permittee. [If a wholesaler permittee 420 alleges the applicant received direct or indirect consideration from the 421 predecessor permittee or that there remain outstanding liquor 422 obligations, such wholesaler permittee may file with the department an 423 affidavit, along with supporting documentation to establish receipt of 424 such consideration or outstanding liquo r obligations. The 425 Commissioner of Consumer Protection, in the commissioner's sole 426 discretion, shall determine whether a hearing is warranted on such 427 allegations.] The commissioner may waive the requirement of such 428 seller's affidavit upon finding that (1) the predecessor permittee 429 abandoned the premises prior to the filing of the application, and (2) 430 such permittee did not receive any consideration, direct or indirect, for 431 such permittee's abandonment. For the purposes of this subsection, 432 "consideration" means the receipt of legal tender or goods or services for 433 the purchase of alcoholic liquor remaining on the premises of the 434 predecessor permittee, for which bills remain unpaid. 435 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 15 of 54 (d) A permittee may file a designation of an authorized agent with 436 the department to issue or receive all notices or documents provided for 437 in this section. The permittee shall be responsible for the issuance or 438 receipt of such notices or documents by the agent. 439 (e) The period of credit permitted under this section shall be 440 calculated as the time elapsing between the date of receipt of the 441 alcoholic liquors by the purchaser and the date of full legal discharge of 442 the purchaser through the payment of cash or its equivalent from all 443 indebtedness arising from the transaction except that, if the last day for 444 payment falls on a Saturday, Sunday or legal holiday, the last day for 445 payment shall then be the next business day. 446 Sec. 16. Subsections (a) to (c), inclusive, of section 30-48a of the 447 general statutes are repealed and the following is substituted in lieu 448 thereof (Effective July 1, 2021): 449 (a) No person, and no backer, as defined in section 30-1, as amended 450 by this act, shall, except as provided in this section, acquire an interest 451 in more than four alcoholic beverage retail permits, except that on and 452 after July 1, [2016] 2021, such person or backer may acquire an interest 453 in no more than [five] six alcoholic beverage retail permits, but nothing 454 in this section shall (1) require any such person who had, on June 8, 1981, 455 such interest in more than two such permits to surrender, dispose of or 456 release his or her interest in any such permit or permits nor shall it affect 457 his or her right to continue to hold, use and renew such permits, or (2) 458 prohibit any such person who had, on June 8, 1981, such interest in more 459 than two such permits from transferring his or her interest in such 460 permits by inter vivos or testamentary disposition, including living 461 trusts, to his or her spouse or child, or such spouse's or child's living 462 trust or prohibit such spouse or child from accepting such a transfer 463 notwithstanding that such spouse or child may already hold another 464 permit issued under the provisions of this chapter. Any such permit so 465 transferred may be renewed by such transferee under the provisions of 466 section 30-14a. Except as provided in subdivision (1) of this subsection, 467 a person shall be deemed to acquire an interest in a retail permit if an 468 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 16 of 54 interest is owned by such person, such person's spouse, children, 469 partners, or an estate, trust, or corporation controlled by such person or 470 such person's spouse, children, or any combination thereof. The 471 provisions of this subsection shall apply to any such interest without 472 regard to whether such interest is a controlling interest. For the purposes 473 of this subsection, "person" means (A) an individual, (B) a corporation 474 or any subsidiary of a corporation, or (C) any combination of 475 corporations or individuals any of whom, or any combination of whom, 476 owns or controls, directly or indirectly, more than five per cent of any 477 entity which is a backer, as defined in [said] section 30-1, as amended by 478 this act. 479 (b) A retail permit, for the purposes of subsection (a) of this section, 480 means a package store liquor permit or a druggist liquor permit. 481 (c) Membership in any organization which is or may become the 482 holder of a [club] cafe permit issued pursuant to subsection (h) of section 483 30-22a shall not constitute acquisition of an interest in a retail permit. 484 Sec. 17. Section 30-51 of the general statutes is repealed and the 485 following is substituted in lieu thereof (Effective July 1, 2021): 486 [(a)] No permit may be issued for the sale of alcoholic liquor in any 487 building, a portion of which will not be used as the permit premises, 488 unless the application therefor is accompanied by an affidavit signed 489 and [sworn to] affirmed by the applicant, stating that access from the 490 portion of the building that will not be used as the permit premises to 491 the portion of the building that will be used as the permit premises is 492 effectually closed, unless the Department of Consumer Protection 493 endorses upon such application that it has dispensed with such affidavit 494 for reasons considered by it good and satisfactory and also endorses 495 thereon such reasons. If any way of access from the other portion of such 496 building to the portion used as the permit premises is opened, after such 497 permit is issued, without the consent of the Department of Consumer 498 Protection endorsed on such permit, such permit shall thereupon 499 become and be forfeited, with or without notice from the Department of 500 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 17 of 54 Consumer Protection, and shall be null and void. If such applicant or 501 any permittee or any backer thereof opens, causes to be opened, permits 502 to be opened or allows to remain open, at any time during the term for 503 which such permit is issued, any way of access from any portion of a 504 building not part of the permit premises to any other portion of such 505 building that is the permit premises, without the written consent of the 506 Department of Consumer Protection endorsed on such permit, such 507 persons or backers shall be subject to the penalties provided in section 508 30-113, as amended by this act. The Department of Consumer Protection 509 shall require every applicant for a permit to sell alcoholic liquor to state 510 under oath whether any portion of the building in which it is proposed 511 to carry on such business will not be used as the permit premises; and, 512 if so, [said] the Department of Consumer Protection shall appoint a 513 suitable person to examine the premises and to see that any and all 514 access between the portion so to be used for the sale of alcoholic liquor 515 and the portion not so used is effectually closed, and may designate the 516 manner of such closing, and, if necessary, order seals to be placed so that 517 such way of access cannot be opened without breaking the seals, and 518 the breaking or removal of such seals or other methods of preventing 519 access, so ordered and provided, shall be prima facie evidence of a 520 violation of this section. The above provisions shall not apply to any 521 premises operating under a hotel permit. [, or any premises operating 522 under a restaurant permit, which premises are located in or attached to 523 a motel, and shall not apply to any entrance to a building in which is 524 located premises operating under a tavern permit, which entrance 525 opens into the rear or side yard of such tavern premises and is used 526 solely as an emergency exit or for the delivery of goods to, or carrying 527 or conveying goods from, any permit premises.] 528 [(b) "Motel" means every building or other structure kept, used, 529 maintained, advertised or held out to the public to be a place where 530 sleeping accommodations are offered for pay to transient guests, 531 usually, but not limited to, motorists, but is not a place where food is 532 served at all times or where kitchen and dining room facilities 533 necessarily exist.] 534 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 18 of 54 Sec. 18. Section 30-53 of the general statutes is repealed and the 535 following is substituted in lieu thereof (Effective July 1, 2021): 536 Each permit granted or renewed by the Department of Consumer 537 Protection shall be of no effect until a duplicate thereof has been filed by 538 the permittee with the town clerk of the town within which the club or 539 place of business described in such permit is situated; provided the 540 place of filing of [railroad and boat permits] a cafe permit issued 541 pursuant to subsection (j) or (k) of section 30-22a shall be the office of 542 the town clerk of the town of New Haven, and airline permits, the office 543 of the town clerk of the town of Hartford. The fee for such filing shall be 544 twenty dollars. 545 Sec. 19. Section 30-54 of the general statutes is repealed and the 546 following is substituted in lieu thereof (Effective July 1, 2021): 547 Every permittee, other than a corporation holding a [railroad or 548 airline permit] cafe permit issued pursuant to subsection (k) of section 549 30-22a, shall cause his or her permit or a duplicate thereof to be framed 550 and hung in plain view in a conspicuous place in any room where the 551 sales so permitted are to be carried on. 552 Sec. 20. Subsection (b) of section 30-68l of the general statutes is 553 repealed and the following is substituted in lieu thereof (Effective July 1, 554 2021): 555 (b) Subject to prior approval from the manufacturer or out-of-state 556 shipper, a wholesaler may sell to a retail licensee a [nonuniform] family 557 brand case, containing bottles only of one family brand. Wholesalers 558 who do not hold exclusive rights to a given brand trademark may also 559 sell to a retail licensee a [nonuniform] family brand case containing 560 bottles only of one family brand, provided all of the bottles in such 561 [nonuniform] family brand case are available to all nonexclusive 562 wholesalers who also have rights to the given brand trademarks. For 563 purposes of this subsection, "family brand" [means a group of different 564 products belonging to a single brand that are marketed under a parent 565 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 19 of 54 brand] has the same meaning as provided in subsection (d) of section 566 30-63. 567 Sec. 21. Section 30-81 of the general statutes is repealed and the 568 following is substituted in lieu thereof (Effective July 1, 2021): 569 No person who is, by statute or regulation, declared to be an 570 unsuitable person to hold a permit to sell alcoholic liquor shall be 571 allowed to have a financial interest in any such permit business. Except 572 as provided in section 30-90a, no minor shall be employed in any 573 premises operating under a [tavern] cafe permit in any capacity or in 574 handling any alcoholic liquor upon, in delivering any alcoholic liquor 575 to, or in carrying or conveying any alcoholic liquor from, any permit 576 premises. 577 Sec. 22. Section 30-90 of the general statutes is repealed and the 578 following is substituted in lieu thereof (Effective July 1, 2021): 579 Any permittee who, by himself, his servant or agent, permits any 580 minor or any person to whom the sale or gift of alcoholic liquor has been 581 forbidden according to law to loiter on his premises where such liquor 582 is kept for sale, or allows any minor other than a person over age 583 eighteen who is an employee or permit holder under section 30-90a or a 584 minor accompanied by his parent or guardian, to be in any room where 585 alcoholic liquor is served at any bar, shall be subject to the penalties of 586 section 30-113, as amended by this act. For barrooms consisting of only 587 one room and for premises without effective separation between a 588 barroom and a dining room, no minor may sit or stand at a consumer 589 bar without being accompanied by a parent, guardian or spouse. 590 Sec. 23. Section 30-91 of the general statutes is repealed and the 591 following is substituted in lieu thereof (Effective July 1, 2021): 592 (a) The sale or the dispensing or consumption or the presence in 593 glasses or other receptacles suitable to permit the consumption of 594 alcoholic liquor by an individual in places operating under hotel 595 permits, restaurant permits, cafe permits, Connecticut craft cafe permits, 596 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 20 of 54 restaurant permits for catering establishments, [bowling establishment 597 permits, racquetball facility permits, club permits,] coliseum permits, 598 [coliseum concession permits, special sporting facility restaurant 599 permits, special sporting facility employee recreational permits, special 600 sporting facility guest permits, special sporting facility concession 601 permits, special sporting facility bar permits, golf country club permits,] 602 nonprofit public museum permits, [university permits, airport 603 restaurant permits, airport bar permits, airport airline club permits, 604 tavern permits,] manufacturer permits for beer, casino permits, caterer 605 liquor permits and charitable organization permits shall be unlawful on: 606 (1) Monday, Tuesday, Wednesday, Thursday and Friday between the 607 hours of one o'clock a.m. and nine o'clock a.m.; (2) Saturday between the 608 hours of two o'clock a.m. and nine o'clock a.m.; (3) Sunday between the 609 hours of two o'clock a.m. and ten o'clock a.m.; (4) Christmas, except (A) 610 for alcoholic liquor that is served where food is also available during the 611 hours otherwise permitted by this section for the day on which 612 Christmas falls, and (B) by casino permittees at casinos, as defined in 613 section 30-37k; and (5) January first between the hours of three o'clock 614 a.m. and nine o'clock a.m., except that on any Sunday that is January 615 first the prohibitions of this section shall be between the hours of three 616 o'clock a.m. and ten o'clock a.m. 617 (b) Any town may, by vote of a town meeting or by ordinance, reduce 618 the number of hours during which sales under subsection (a) of this 619 section, except sales pursuant to [an airport restaurant permit, airport 620 bar permit or airport airline club permit] a cafe permit issued pursuant 621 to subsection (d) of section 30-22a, shall be permissible. In all cases when 622 a town, either by vote of a town meeting or by ordinance, has acted on 623 the sale of alcoholic liquor or the reduction of the number of hours when 624 such sale is permissible, such action shall become effective on the first 625 day of the month succeeding such action and no further action shall be 626 taken until at least one year has elapsed since the previous action was 627 taken. 628 (c) Notwithstanding any provisions of subsections (a) and (b) of this 629 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 21 of 54 section, such sale or dispensing or consumption or presence in glasses 630 in places operating under a [bowling establishment] cafe permit issued 631 pursuant to subsection (f) of section 30-22a shall be unlawful before 632 eleven a.m. on any day, except in that portion of the permit premises 633 which is located in a separate room or rooms entry to which, from the 634 bowling lane area of the establishment, is by means of a door or doors 635 which shall remain closed at all times except to permit entrance and 636 egress to and from the lane area. Any alcoholic liquor sold or dispensed 637 in a place operating under a [bowling establishment] cafe permit issued 638 pursuant to subsection (f) of section 30-22a shall be served in containers 639 such as, but not limited to, plastic or glass. Any town may, by vote of a 640 town meeting or by ordinance, reduce the number of hours during 641 which sales under this subsection shall be permissible. 642 (d) The sale or dispensing of alcoholic liquor for off-premises 643 consumption in places operating under package store permits, drug 644 store permits, manufacturer permits for beer or grocery store beer 645 permits shall be unlawful on Thanksgiving Day, New Year's Day and 646 Christmas; and such sale or dispensing of alcoholic liquor for off-647 premises consumption in places operating under package store permits, 648 drug store permits, manufacturer permits for beer and grocery store 649 beer permits shall be unlawful on Sunday before ten o'clock a.m. and 650 after six o'clock p.m. and on any other day before eight o'clock a.m. and 651 after ten o'clock p.m. Any town may, by a vote of a town meeting or by 652 ordinance, reduce the number of hours during which such sale shall be 653 permissible. 654 (e) (1) In the case of any premises operating under a [tavern] cafe 655 permit, wherein, under the provisions of this section, the sale of 656 alcoholic liquor is forbidden on certain days or hours of the day, or 657 during the period when a [tavern] cafe permit is suspended, it shall 658 likewise be unlawful to keep such premises open to, or permit it to be 659 occupied by, the public on such days or hours. 660 (2) In the case of any premises operating under a cafe permit, it shall 661 be unlawful to keep such premises open to, or permit such premises to 662 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 22 of 54 be occupied by, the public between the hours of one o'clock a.m. and six 663 o'clock a.m. on Monday, Tuesday, Wednesday, Thursday and Friday 664 and between the hours of two o'clock a.m. and six o'clock a.m. on 665 Saturday and Sunday or during any period of time when such permit is 666 suspended, provided the sale or the dispensing or consumption of 667 alcohol on such premises operating under such cafe permit shall be 668 prohibited beyond the hours authorized for the sale or dispensing or 669 consumption of alcohol for such premises under this section. 670 (3) Notwithstanding any provision of this chapter, in the case of any 671 premises operating under a [tavern or] cafe permit, it shall be lawful for 672 such premises to be open to, or be occupied by, the public when such 673 premises is being used as a site for film, television, video or digital 674 production eligible for a film production tax credit pursuant to section 675 12-217jj, provided the sale or the dispensing or consumption of alcohol 676 on such premises operating under such [tavern or] cafe permit shall be 677 prohibited beyond the hours authorized for the sale or the dispensing 678 or consumption of alcohol for such premises under this section. 679 (f) The retail sale and the tasting of free samples of wine, cider not 680 exceeding six per cent alcohol by volume, apple wine not exceeding 681 fifteen per cent alcohol by volume, apple brandy, eau-de-vie and mead 682 by visitors and prospective retail customers of a permittee holding a 683 manufacturer permit for a farm winery or a manufacturer permit for 684 wine, cider and mead on the premises of such permittee shall be 685 unlawful on Sunday before ten o'clock a.m. and after ten o'clock p.m. 686 and on any other day before eight o'clock a.m. and after ten o'clock p.m. 687 Any town may, by vote of a town meeting or by ordinance, reduce the 688 number of hours during which sales and the tasting of free samples of 689 products under this subsection shall be permissible. 690 (g) Notwithstanding any provision of subsection (a) of this section, 691 food or nonalcoholic beverages may be sold, dispensed or consumed in 692 places operating under [an airport restaurant permit, an airport bar 693 permit or an airport airline club] a cafe permit issued pursuant to 694 subsection (d) of section 30-22a, at any time, as allowed by agreement 695 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 23 of 54 between the Connecticut Airport Authority and its lessees or 696 concessionaires. [In the case of premises operating under an airport 697 airline club permit, the sale, dispensing or consumption or the presence 698 in glasses or other receptacles suitable to permit the consumption of 699 alcoholic liquor by an individual shall be unlawful on: (1) Monday, 700 Tuesday, Wednesday, Thursday and Friday between the hours of one 701 o'clock a.m. and six o'clock a.m., (2) Saturday and Sunday between the 702 hours of two o'clock a.m. and six o'clock a.m., (3) Christmas, except for 703 alcoholic liquor that is served where food is also available during the 704 hours otherwise permitted by this section for the day on which 705 Christmas falls, and (4) January first between the hours of three o'clock 706 a.m. and six o'clock a.m.] 707 (h) The sale or the dispensing or consumption or the presence in 708 glasses or other receptacles suitable to permit the consumption of 709 alcoholic liquor by an individual in places operating under a nonprofit 710 golf tournament permit shall be unlawful on any day prior to nine 711 o'clock a.m. and after ten o'clock p.m. 712 (i) Nothing in this section shall be construed to require any permittee 713 to continue the sale or dispensing of alcoholic liquor until the closing 714 hour established under this section. 715 (j) The retail sale of wine and the tasting of free samples of wine by 716 visitors and prospective retail customers of a permittee holding a wine 717 festival permit or an out-of-state entity wine festival permit issued 718 pursuant to section 30-37l or 30-37m shall be unlawful on Sunday before 719 eleven o'clock a.m. and after eight o'clock p.m., and on any other day 720 before ten o'clock a.m. and after eight o'clock p.m. Any town may, by 721 vote of a town meeting or by ordinance, reduce the number of hours 722 during which the retail sale of wine and the tasting of free samples of 723 wine pursuant to this subsection shall be permissible. 724 (k) The sale of products at a farmers' market by a permittee holding 725 a farmers' market sales permit pursuant to subsection (a) of section 30-726 37o shall be unlawful on any day before eight o'clock a.m. and after ten 727 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 24 of 54 o'clock p.m., provided such permittee shall not sell such products at a 728 farmers' market at any time during such hours that the farmers' market 729 is not open to the public. Any town may, by vote of a town meeting or 730 by ordinance, reduce the number of hours during which sales of 731 products under this subsection shall be permissible. 732 (l) Notwithstanding any provision of subsection (a) of this section, it 733 shall be lawful for casino permittees at casinos, as defined in section 30-734 37k, to allow the presence of alcoholic liquor in glasses or other 735 receptacles suitable to permit the consumption thereof by an individual 736 at any time on its gaming facility, as defined in subsection (a) of section 737 30-37k, provided such alcoholic liquor shall not be served to a patron of 738 such casino during the hours specified in subsection (a) of this section. 739 For purposes of this section, "receptacles suitable to permit the 740 consumption of alcoholic liquor" [shall] does not include bottles of 741 distilled spirits or bottles of wine. 742 Sec. 24. Section 30-91a of the general statutes is repealed and the 743 following is substituted in lieu thereof (Effective July 1, 2021): 744 (a) In all cases where a town, either by vote of a town meeting or by 745 ordinance, had, prior to April 30, 1971, authorized the sale of alcoholic 746 liquor on Sunday between the hours of twelve o'clock noon and nine 747 o'clock in the evening, such sale shall be authorized until the time 748 specified in section 30-91, as amended by this act, unless an earlier 749 closing hour is established by town meeting or ordinance after April 30, 750 1971. 751 (b) Nothing in section 30-91, as amended by this act, shall be 752 construed to supersede any action taken by a town prior to May 25, 1971, 753 to prohibit the sale of alcoholic liquor in such town from midnight on 754 Saturday until one a.m. on Sunday and such action shall be construed 755 to prohibit such sale from midnight on Saturday until two a.m. on 756 Sunday in such town. 757 [(c) In all towns in which the sale of alcoholic liquor on Sunday 758 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 25 of 54 between the hours of twelve o'clock noon and the time specified in 759 section 30-91 is permitted, prior to June 5, 1975, in a place operating 760 under a hotel permit, a restaurant permit or a cafe permit, such sale shall 761 be authorized on Sunday between such hours in a place operating under 762 a tavern permit unless such sale is prohibited by town meeting or 763 ordinance after June 5, 1975.] 764 [(d)] (c) In all towns that have authorized the sale of alcoholic liquor 765 on Sunday commencing at twelve o'clock noon, either by vote of a town 766 meeting or by ordinance, such sale shall be permitted commencing at 767 eleven o'clock a.m. in places operating under permits listed in 768 subsection (a) of section 30-91, as amended by this act, unless a later 769 opening hour is established by vote of a town meeting or by ordinance 770 after July 1, 1981. 771 Sec. 25. Section 30-7 of the general statutes is repealed and the 772 following is substituted in lieu thereof (Effective July 1, 2021): 773 Every regulation made by the Department of Consumer Protection 774 under the authority of this chapter shall be furnished to each permittee 775 upon request. The department shall biennially, on or before July first in 776 the odd-numbered years, [either (1) publish in convenient pamphlet 777 form all regulations then in force and shall furnish upon request copies 778 of such pamphlets to every permittee authorized under the provisions 779 of this chapter to manufacture or sell alcoholic liquor and to such other 780 persons as desire such pamphlets, or (2)] post such regulations on the 781 department's Internet web site. 782 Sec. 26. Section 30-8 of the general statutes is repealed and the 783 following is substituted in lieu thereof (Effective July 1, 2021): 784 The Department of Consumer Protection and any agent thereof 785 authorized to conduct any inquiry, investigation or hearing under the 786 provisions of this chapter [shall have power to] may administer oaths 787 and take testimony under oath relative to the matter of inquiry or 788 investigation. The Commissioner of Consumer Protection may withhold 789 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 26 of 54 from disclosure any complaints or inspections that result in an 790 investigation conducted by the department under this chapter, or any 791 other information obtained by the department during the course of an 792 investigation conducted by the department under this chapter, until the 793 earlier of (1) the date when the investigation is completed, (2) [six] 794 eighteen months after the date when the complaint resulting in the 795 investigation was filed, or (3) [six] eighteen months after the 796 investigation was commenced. At any hearing ordered by the 797 department, the department or such agent having authority by law to 798 issue such process may subpoena witnesses and require the production 799 of records, papers and documents pertinent to such inquiry. No witness 800 under subpoena authorized to be issued by the provisions of this section 801 shall be excused from testifying or from producing records, papers or 802 documents on the ground that such testimony or the production of such 803 records or other documentary evidence would tend to incriminate him, 804 but such evidence or the records or papers so produced and any 805 information directly or indirectly derived from such evidence, records 806 or papers shall not be used in any criminal proceeding against him. If 807 any person disobeys such process or, having appeared in obedience 808 thereto, refuses to answer any pertinent question put to him by the 809 department or its authorized agent or to produce any records and 810 papers pursuant thereto, the department or its agent may apply to the 811 superior court for the judicial district of Hartford or for the judicial 812 district wherein the person resides or wherein the business has been 813 conducted, setting forth such disobedience to process or refusal to 814 answer, and the court shall cite such person to appear before the court 815 to answer such question or to produce such records and papers and, 816 upon his refusal so to do, shall commit such person to a community 817 correctional center until he testifies, but not for a longer period than 818 sixty days. Notwithstanding the serving of the term of such 819 commitment by any person, the department may proceed with such 820 inquiry and examination as if the witness had not previously been called 821 upon to testify. Officers who serve subpoenas issued by the department 822 or under its authority and witnesses attending hearings conducted by it 823 under this section shall receive like fees and compensation as officers 824 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 27 of 54 and witnesses in the courts of this state to be paid on vouchers of the 825 department on order of the Comptroller. 826 Sec. 27. Section 30-17 of the general statutes is repealed and the 827 following is substituted in lieu thereof (Effective July 1, 2021): 828 (a) (1) A wholesaler permit shall allow the bottling of alcoholic liquor 829 and the wholesale sale of alcoholic liquor to permittees in this state and 830 without the state, as may be permitted by law, and the sale of alcoholic 831 liquors to vessels engaged in coastwise or foreign commerce, and the 832 sale of alcohol and alcoholic liquor for industrial purposes to 833 nonpermittees, such sales to be made in accordance with the regulations 834 adopted by the Department of Consumer Protection, and the sale of 835 alcohol and alcoholic liquor for medicinal purposes to hospitals and 836 charitable institutions and to religious organizations for sacramental 837 purposes and the receipt from out-of-state shippers of multiple 838 packages of alcoholic liquor. The holder of a wholesaler permit may 839 apply for and shall thereupon receive an out-of-state shipper's permit 840 for direct importation from abroad of alcoholic liquors manufactured 841 outside the United States and an out-of-state shipper's permit for direct 842 importation from abroad of beer manufactured outside the United 843 States. The annual fee for a wholesaler permit shall be two thousand six 844 hundred fifty dollars. 845 (2) When a holder of a wholesaler permit has had the distributorship 846 of any alcohol, beer, spirits or wine product of a manufacturer or out-847 of-state shipper for six months or more, such distributorship may be 848 terminated or its geographic territory diminished upon (A) the 849 execution of a written stipulation by the wholesaler and manufacturer 850 or out-of-state shipper agreeing to the change and the approval of such 851 change by the Department of Consumer Protection; or (B) the sending 852 of a written notice by certified or registered mail, return receipt 853 requested, by the manufacturer or out-of-state shipper to the 854 wholesaler, a copy of which notice has been sent simultaneously by 855 certified or registered mail, return receipt requested, to the Department 856 of Consumer Protection. No such termination or diminishment shall 857 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 28 of 54 become effective except for just and sufficient cause, provided such 858 cause shall be set forth in such notice and the Department of Consumer 859 Protection shall determine, after hearing, that just and sufficient cause 860 exists. If an emergency occurs, caused by the wholesaler, prior to such 861 hearing, which threatens the manufacturers' or out-of-state shippers' 862 products or otherwise endangers the business of the manufacturer or 863 out-of-state shipper and said emergency is established to the satisfaction 864 of the Department of Consumer Protection, the department may 865 temporarily suspend such wholesaler permit or take whateve r 866 reasonable action the department deems advisable to provide for such 867 emergency and the department may continue such temporary action 868 until its decision after a full hearing. The Department of Consumer 869 Protection shall render its decision with reasonable promptness 870 following such hearing. Notwithstanding the aforesaid, a manufacturer 871 or out-of-state shipper may appoint one or more additional wholesalers 872 as the distributor for an alcohol, spirits or wine product within such 873 territory, provided such appointment shall not be effective until six 874 months from the date such manufacturer or out-of-state shipper sets 875 forth such intention in written notice to the existing wholesaler by 876 certified or registered mail, return receipt requested, with a copy of such 877 notice simultaneously sent by certified or registered mail, return receipt 878 requested, to the Department of Consumer Protection. For just and 879 sufficient cause, a manufacturer or out-of-state shipper may appoint one 880 or more additional wholesalers as the distributor for a beer product 881 within such territory provided such manufacturer or out-of-state 882 shipper sets forth such intention and cause in written notice to the 883 existing wholesaler by certified or registered mail, return receipt 884 requested, with a copy of such notice simultaneously sent by certified 885 or registered mail, return receipt requested, to the Department of 886 Consumer Protection. For the purposes of this section, "just and 887 sufficient cause" means the existence of circumstances which, in the 888 opinion of a reasonable person considering all of the equities of both the 889 wholesaler and the manufacturer or out-of-state shipper warrants a 890 termination or a diminishment of a distributorship as the case may be. 891 For the purposes of this section, "manufacturer or out-of-state shipper" 892 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 29 of 54 means the manufacturer or out-of-state shipper who originally granted 893 a distributorship of any alcohol, beer, spirits or wine product to a 894 wholesaler, any successor to such manufacturer or out-of-state shipper, 895 which successor has assumed the contractual relationship with such 896 wholesaler by assignment or otherwise, or any other manufacturer or 897 out-of-state shipper who acquires the right to ship such alcohol, beer, 898 spirits or wine into the state. 899 (3) Nothing contained [herein] in this section shall be construed to 900 interfere with the authority of the Department of Consumer Protection 901 to retain or adopt reasonable regulations concerning the termination or 902 diminishment of a distributorship held by a wholesaler for less than six 903 months. 904 (4) All hearings held [hereunder] under this section shall be held in 905 accordance with the provisions of chapter 54. 906 (b) A wholesaler permit for beer shall be in all respects the same as a 907 wholesaler permit, except that the scope of operations of the holder shall 908 be limited to beer; but shall not prohibit the handling of nonalcoholic 909 merchandise. The holder of a wholesaler permit for beer may apply for 910 and shall thereupon receive an out-of-state shipper's permit for direct 911 importation from abroad of beer manufactured outside the United 912 States. The annual fee for a wholesaler permit for beer shall be one 913 thousand dollars. 914 (c) A wholesaler permittee may offer to industry members and its 915 own staff free samples of alcoholic liquor that it distributes for tasting 916 on the wholesaler's premises. Any offering, tasting, wine education and 917 tasting class demonstration held on permit premises shall be conducted 918 only during the hours a package store is permitted to sell alcoholic 919 liquor under section 30-91, as amended by this act. No tasting of wine 920 on the premises shall be offered from more than ten uncorked or open 921 bottles at any one time. A wholesaler may offer such tastings to retail 922 permittees not more than four times per year. 923 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 30 of 54 Sec. 28. Section 30-33 of the general statutes is repealed and the 924 following is substituted in lieu thereof (Effective July 1, 2021): 925 A concession permit shall allow the sale and consumption of beer or 926 wine on the premises of any fair grounds, ball park, amusement park, 927 indoor-outdoor amphitheater, outdoor amphitheater contiguous to and 928 under the same ownership as an amusement park, public golf course or 929 sports arena provided no sales of alcoholic liquor shall occur within one 930 hour of the scheduled end of a performance at an indoor-outdoor 931 amphitheater constructed to seat not less than fifteen thousand people. 932 A concession permit shall also allow the sale and consumption of 933 alcohol or spirits in all enclosed nonseating areas within an indoor-934 outdoor amphitheater. Such areas shall be enclosed by a fence or wall 935 not less than thirty inches high and separate from each other. No 936 concession permittee, backer, employee or agent of such permittee shall 937 sell, offer or deliver more than two drinks of alcoholic liquor at any one 938 time to any person for such person's own consumption. Such permit 939 shall be issued in the discretion of the Department of Consumer 940 Protection and shall be effective only in accordance with a schedule of 941 hours and days determined by the department for each such permit 942 within the limitation of hours and days fixed by law. As used in this 943 section, "public golf course" means a golf course of not less than nine 944 holes and a course length of not less than twenty-seven hundred fifty 945 yards. The fee for a concession permit shall be as follows: For a period 946 of one year, three hundred dollars; for a period of six months, two 947 hundred dollars; and for a period of one day, fifty dollars. 948 Sec. 29. Section 30-35b of the general statutes is repealed and the 949 following is substituted in lieu thereof (Effective July 1, 2021): 950 A ninety-day provisional permit shall allow the retail sale or 951 manufacture of alcoholic liquor by any applicant and his or her backer, 952 if any, who has made application for a liquor permit pursuant to section 953 30-39, as amended by this act, and may be issued at the discretion of the 954 Liquor Control Commission or the Department of Consumer Protection. 955 If [said] such applicant or [his] such applicant's backer, if any, causes 956 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 31 of 54 any delay in the investigation conducted by the Department of 957 Consumer Protection pursuant to said section, the ninety-day 958 provisional permit shall cease immediately. Only one such permit shall 959 be issued to any applicant and his or her backer, if any, for each location 960 of the club or place of business which is to be operated under such 961 permit and such permit shall be nonrenewable but may be extended due 962 to delays not caused by the applicant. Such permit shall not be extended 963 beyond one year from the filing date, as defined in section 30-39, as 964 amended by this act. The fee for such ninety-day permit shall be five 965 hundred dollars. 966 Sec. 30. Section 30-36 of the general statutes is repealed and the 967 following is substituted in lieu thereof (Effective July 1, 2021): 968 A druggist permit may be issued by the Department of Consumer 969 Protection to a drug store proprietor. No druggist permit shall be issued 970 covering a new drug store or a new location for an old drug store until 971 the Commission of Pharmacy is satisfied that a drug store at such 972 location is necessary to the convenience and best interest of the public. 973 A druggist permit (1) shall allow the use of alcoholic liquors for the 974 compounding of prescriptions of physicians, advanced practice 975 registered nurses, physician assistants and dentists and for the 976 manufacturing of all United States Pharmacopoeia and National 977 Formulary preparations and all other medicinal preparations, (2) shall 978 allow the retail sale and delivery of alcoholic liquor in containers of not 979 less than eight ounces or one hundred eighty-seven and one-half 980 milliliters and not more than one quart or one liter capacity except that 981 beer may be sold in containers of not more than forty ounces or twelve 982 hundred milliliters capacity, to any person, and (3) shall forbid the 983 drinking of such alcoholic liquor on the premises of any drug store. Such 984 permittee shall keep all alcoholic liquors in compartments, which 985 compartments shall be securely locked except during those hours when 986 the sale of alcoholic liquor is permitted by law. The holder of a druggist 987 permit shall not display any alcoholic liquors or containers, marked or 988 labeled or in any other way suggesting the contents of intoxicating 989 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 32 of 54 liquors, in the windows of the permit premises. The Commission of 990 Pharmacy shall revoke or suspend the pharmacy license of any 991 pharmacist upon whose premises any violation of any provision of this 992 section occurs. The annual fee for a druggist permit shall be five 993 hundred thirty-five dollars. 994 Sec. 31. Section 30-37 of the general statutes is repealed and the 995 following is substituted in lieu thereof (Effective July 1, 2021): 996 Any pharmacy licensed by the [Commission of Pharmacy] 997 Department of Consumer Protection may fill the prescription of a 998 licensed physician, advanced practice registered nurse, physician 999 assistant or dentist for alcoholic liquors at any time without regard to 1000 the vote of any town prohibiting the sale of such liquors and may use 1001 alcoholic liquors for the compounding of such prescriptions and for the 1002 manufacture of all United States Pharmacopoeia and National 1003 Formulary preparations and all other medicinal preparations without 1004 the necessity of obtaining a permit from the Department of Consumer 1005 Protection, provided each such prescription shall include the name and 1006 address of the person for whom it is prescribed and shall be signed with 1007 his full name by the person issuing such prescription. Each such 1008 prescription shall be filled only once, and the person making a sale on 1009 such prescription shall write on the face thereof the number of such 1010 prescription and the date of the sale or delivery of such liquor and shall 1011 keep such prescription on file and available at all reasonable times for 1012 inspection. All alcoholic liquors sold by licensed pharmacies on 1013 prescriptions alone shall be kept in compartments, which compartments 1014 shall be securely locked except when such liquors are being used in the 1015 compounding of the prescriptions. 1016 Sec. 32. Section 30-37j of the general statutes is repealed and the 1017 following is substituted in lieu thereof (Effective July 1, 2021): 1018 (a) A caterer liquor permit shall allow a person regularly engaged in 1019 the business of providing food and beverages to others for service at 1020 private gatherings or at special events to sell and serve alcoholic liquor 1021 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 33 of 54 for on-premises consumption with or without the provision of food at 1022 any activity, event or function for which such person has been hired, 1023 pursuant to a contract between the holder of the caterer liquor permit 1024 and the hiring party. The holder of a caterer liquor permit shall not 1025 engage in self-dealing or self-hiring in order to generate catering events. 1026 The annual fee for a caterer liquor permit shall be four hundred forty 1027 dollars. 1028 (b) The holder of a caterer liquor permit shall, on a form prescribed 1029 by the Department of Consumer Protection or electronically, notify the 1030 department, in writing, of the date, location and hours of each event at 1031 which alcohol is served under such permit at least one business day in 1032 advance of such event. If the holder of a caterer liquor permit is unable 1033 to provide the written notice required under this section due to exigent 1034 circumstances, such holder may provide notice to the department by 1035 telephone of the date, location and hours of each event at which alcohol 1036 is served under such permit. 1037 (c) Notwithstanding the provisions of subsection (a) of section 30-48, 1038 as amended by this act, a backer or holder of a caterer liquor permit may 1039 be a backer or holder of any other permit issued under the provisions of 1040 this chapter, except that a backer or holder of a caterer liquor permit 1041 may not be a backer or holder of any other manufacturer permit issued 1042 under section 30-16, as amended by this act, or a wholesaler permit 1043 issued under section 30-17, as amended by this act. 1044 (d) The holder of a caterer liquor permit and any other permit issued 1045 under the provisions of this chapter that prohibits the off-premises 1046 consumption of alcoholic liquor shall be exempt from such prohibition 1047 for the purposes of conducting such holder's catering business only. 1048 (e) The holder of a caterer liquor permit shall be exempt from the 1049 provisions of sections 30-38, as amended by this act, 30-52, as amended 1050 by this act, and 30-54, as amended by this act, and from the requirements 1051 to affix and maintain a placard, as provided in subdivision (3) of 1052 subsection (b) of section 30-39, as amended by this act. 1053 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 34 of 54 (f) The holder of a caterer liquor permit may enter into a contract with 1054 another business entity to provide exclusive catering services at a 1055 specific venue, provided the holder of the caterer liquor permit is 1056 available for hire at other venues and is using the permit at other venues. 1057 No holder or member of the backer of the caterer liquor permit, nor the 1058 holder's or member's spouse or child, shall have an ownership interest 1059 in the venue that is subject to the exclusivity agreement. 1060 Sec. 33. Section 30-39 of the general statutes is repealed and the 1061 following is substituted in lieu thereof (Effective from passage): 1062 (a) For the purposes of this section, the "filing date" of an application 1063 means the date upon which the department, after approving the 1064 application for processing, mails or otherwise delivers to the applicant 1065 a placard containing such date. 1066 (b) (1) Any person desiring a liquor permit or a renewal of such a 1067 permit shall make [a sworn] an affirmed application therefor to the 1068 Department of Consumer Protection upon forms to be furnished by the 1069 department, showing the name and address of the applicant and of the 1070 applicant's backer, if any, the location of the club or place of business 1071 which is to be operated under such permit and a financial statement 1072 setting forth all elements and details of any business transactions 1073 connected with the application. Such application shall include a detailed 1074 description of the type of live entertainment that is to be provided. A 1075 club or place of business shall be exempt from providing such detailed 1076 description if the club or place of business (A) was issued a liquor permit 1077 prior to October 1, 1993, and (B) has not altered the type of 1078 entertainment provided. The application shall also indicate any crimes 1079 of which the applicant or the applicant's backer may have been 1080 convicted. Applicants shall submit documents sufficient to establish 1081 that state and local building, fire and zoning requirements and local 1082 ordinances concerning hours and days of sale will be met, except that 1083 local building and zoning requirements and local ordinances 1084 concerning hours and days of sale shall not apply to [any class of 1085 airport] a cafe permit issued pursuant to subsection (d) of section 30-1086 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 35 of 54 22a. The State Fire Marshal or the marshal's certified designee shall be 1087 responsible for approving compliance with the State Fire Code at 1088 Bradley International Airport. Any person desiring a permit provided 1089 for in section 30-33b shall file a copy of such person's license with such 1090 application if such license was issued by the Department of Consumer 1091 Protection. The department may, at its discretion, conduct an 1092 investigation to determine whether a permit shall be issued to an 1093 applicant. 1094 (2) The applicant shall pay to the department a nonrefundable 1095 application fee, which fee shall be in addition to the fees prescribed in 1096 this chapter for the permit sought. An application fee shall not be 1097 charged for an application to renew a permit. The application fee shall 1098 be in the amount of ten dollars for the filing of each application for a 1099 permit by a charitable organization, including a nonprofit public 1100 television corporation, a nonprofit golf tournament permit, a temporary 1101 permit or a special club permit; and for all other permits in the amount 1102 of one hundred dollars for the filing of an initial application. Any permit 1103 issued shall be valid only for the purposes and activities described in 1104 the application. 1105 (3) The applicant, immediately after filing an application, shall give 1106 notice thereof, with the name and residence of the permittee, the type of 1107 permit applied for and the location of the place of business for which 1108 such permit is to be issued and the type of live entertainment to be 1109 provided, all in a form prescribed by the department, by publishing the 1110 same in a newspaper having a circulation in the town in which the place 1111 of business to be operated under such permit is to be located, at least 1112 once a week for two successive weeks, the first publication to be not 1113 more than seven days after the filing date of the application and the last 1114 publication not more than fourteen days after the filing date of the 1115 application. The applicant shall affix, and maintain in a legible condition 1116 upon the outer door of the building wherein such place of business is to 1117 be located and clearly visible from the public highway, the placard 1118 provided by the department, not later than the day following the receipt 1119 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 36 of 54 of the placard by the applicant. If such outer door of such premises is so 1120 far from the public highway that such placard is not clearly visible as 1121 provided, the department shall direct a suitable method to notify the 1122 public of such application. When an application is filed for any type of 1123 permit for a building that has not been constructed, such applicant shall 1124 erect and maintain in a legible condition a sign not less than six feet by 1125 four feet upon the site where such place of business is to be located, 1126 instead of such placard upon the outer door of the building. The sign 1127 shall set forth the type of permit applied for and the name of the 1128 proposed permittee, shall be clearly visible from the public highway and 1129 shall be so erected not later than the day following the receipt of the 1130 placard. Such applicant shall make a return to the department, under 1131 oath, of compliance with the foregoing requirements, in such form as 1132 the department may determine, but the department may require any 1133 additional proof of such compliance. Upon receipt of evidence of such 1134 compliance, the department may hold a hearing as to the suitability of 1135 the proposed location. The provisions of this subdivision shall not apply 1136 to applications for (A) airline permits, (B) charitable organization 1137 permits, (C) temporary permits, (D) special club permits, (E) concession 1138 permits, (F) military permits, [railroad permits, boat permits,] (G) cafe 1139 permits issued pursuant to subsection (j) or (k) of section 30-22a, (H) 1140 warehouse permits, (I) brokers' permits, (J) out-of-state shippers' 1141 permits for alcoholic liquor and out-of-state shippers' permits for beer, 1142 (K) coliseum permits, [coliseum concession permits, special sporting 1143 facility restaurant permits, special sporting facility employee 1144 recreational permits, special sporting facility guest permits, special 1145 sporting facility concession permits, special sporting facility bar 1146 permits,] (L) nonprofit golf tournament permits, (M) nonprofit public 1147 television permits, (N) Connecticut craft cafe permits by permittees who 1148 held a manufacturer permit for a brew pub or a manufacturer permit for 1149 a beer and brew pub prior to July 1, 2020, and (O) renewals of any such 1150 permits. The provisions of this subdivision regarding publication and 1151 placard display shall also be required of any applicant who seeks to 1152 amend the type of entertainment either upon filing of a renewal 1153 application or upon requesting permission of the department in a form 1154 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 37 of 54 that requires the approval of the municipal zoning official. 1155 (4) In any case in which a permit has been issued to a partnership, if 1156 one or more of the partners dies or retires, the remaining partner or 1157 partners need not file a new application for the unexpired portion of the 1158 current permit, and no additional fee for such unexpired portion shall 1159 be required. Notice of any such change shall be given to the department 1160 and the permit shall be endorsed to show correct ownership. When any 1161 partnership changes by reason of the addition of one or more persons, a 1162 new application with new fees shall be required. 1163 (c) Any ten persons who are at least eighteen years of age, and are 1164 residents of the town within which the business for which the permit or 1165 renewal thereof has been applied for, is intended to be operated, or, in 1166 the case of a manufacturer's or a wholesaler's permit, any ten persons 1167 who are at least eighteen years of age and are residents of the state, may 1168 file with the department, within three weeks from the last date of 1169 publication of notice made pursuant to subdivision (3) of subsection (b) 1170 of this section for an initial permit, and in the case of renewal of an 1171 existing permit, at least twenty-one days before the renewal date of such 1172 permit, a remonstrance containing any objection to the suitability of 1173 such applicant or proposed place of business, provided any such issue 1174 is not controlled by local zoning. Upon the filing of such remonstrance, 1175 the department, upon written application, shall hold a hearing and shall 1176 give such notice as it deems reasonable of the time and place at least five 1177 days before such hearing is had. The remonstrants shall designate one 1178 or more agents for service, who shall serve as the recipient or recipients 1179 of all notices issued by the department. At any time prior to the issuance 1180 of a decision by the department, a remonstrance may be withdrawn by 1181 the remonstrants or by such agent or agents acting on behalf of such 1182 remonstrants and the department may cancel the hearing or withdraw 1183 the case. The decision of the department on such application shall be 1184 final with respect to the remonstrance. 1185 (d) No new permit shall be issued until the foregoing provisions of 1186 subsections (a) and (b) of this section have been complied with. If no 1187 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 38 of 54 new permit is issued within twelve months of the filing date, as defined 1188 in subsection (a) of this section, the application may, in the discretion of 1189 the department, be deemed withdrawn and shall then be returned to the 1190 applicant. Six months' or seasonal permits may be renewed, provided 1191 the renewal application and fee shall be filed at least twenty-one days 1192 before the reopening of the business, there is no change in the permittee, 1193 ownership or type of permit, and the permittee or backer did not receive 1194 a rebate of the permit fee with respect to the permit issued for the 1195 previous year. 1196 (e) The department may renew a permit that has expired if the 1197 applicant pays to the department a nonrefundable late fee pursuant to 1198 subsection (c) of section 21a-4, which fee shall be in addition to the fees 1199 prescribed in this chapter for the permit applied for. The provisions of 1200 this subsection shall not apply to one-day permits, to any permit which 1201 is the subject of administrative or court proceedings, or where otherwise 1202 provided by law. 1203 Sec. 34. Section 30-55 of the general statutes is repealed and the 1204 following is substituted in lieu thereof (Effective July 1, 2021): 1205 (a) The Department of Consumer Protection may, in its discretion, 1206 revoke, suspend or place conditions on any permit or provisional permit 1207 or impose a fine of not greater than one thousand dollars per violation, 1208 upon cause found after hearing, provided ten days' written notice of 1209 such hearing has been given to the permittee setting forth, with the 1210 particulars required in civil pleadings, the charges upon which such 1211 proposed revocation, suspension, condition or fine is predicated. Any 1212 appeal from such order of revocation, suspension, condition or fine shall 1213 be taken in accordance with the provisions of section 4-183. 1214 (b) The surrender of a permit or provisional permit for cancellation 1215 or the expiration of a permit shall not prevent the department from 1216 suspending or revoking any such permit pursuant to the provisions of 1217 this section. 1218 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 39 of 54 Sec. 35. Section 30-56 of the general statutes is repealed and the 1219 following is substituted in lieu thereof (Effective July 1, 2021): 1220 (a) When any permit is revoked or suspended after a final 1221 [conviction] decision pursuant to chapter 54 or upon forfeiture of bond 1222 under the provisions of section 30-57, an appeal therefrom shall not act 1223 as a stay of execution upon such revocation or suspension. Such 1224 revocation or suspension shall become effective immediately. 1225 (b) When any permit is revoked or suspended for violation of the 1226 provisions of section 30-38a, an appeal therefrom, may, at the discretion 1227 of the court, act as a stay of execution upon such revocation or 1228 suspension. 1229 Sec. 36. Section 30-59 of the general statutes is repealed and the 1230 following is substituted in lieu thereof (Effective July 1, 2021): 1231 The Department of Consumer Protection shall [transmit a certificate 1232 of the revocation, suspension or reinstatement of any permit by it to the 1233 town clerk of the town within which the permittee is operating or has 1234 been operating, which clerk shall attach such certificate to the duplicate 1235 copy of such permit on file in his office] post notice of any revocation or 1236 suspension of any permit on the department's Internet web site. 1237 Sec. 37. Section 30-61 of the general statutes is repealed and the 1238 following is substituted in lieu thereof (Effective July 1, 2021): 1239 Service of process in any action in which the commission is a party 1240 shall be made upon any member of the commission. [or the secretary of 1241 the commission.] 1242 Sec. 38. Section 30-64b of the general statutes is repealed and the 1243 following is substituted in lieu thereof (Effective July 1, 2021): 1244 The sale of any alcoholic liquor by a wholesale or retail permittee for 1245 off-premises consumption at a price the intent of which is to destroy or 1246 prevent competition with any other permittee holding a like permit 1247 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 40 of 54 shall be deemed an unfair pricing practice and a violation of chapter 1248 735a. The Department of Consumer Protection may suspend or revoke 1249 any permit upon a finding of an unfair pricing practice. In arriving at 1250 such finding, the Department of Consumer Protection shall consider, 1251 but not be limited to, the consideration of the following factors: Labor, 1252 including salaries of executives and officers, rent, interest on borrowed 1253 capital, depreciation, selling cost, maintenance of equipment, delivery 1254 costs, credit losses, insurance and warehouse costs. 1255 Sec. 39. Section 30-67 of the general statutes is repealed and the 1256 following is substituted in lieu thereof (Effective July 1, 2021): 1257 In addition to the penalties otherwise provided under this chapter, 1258 including those allowed pursuant to section 30-55, as amended by this 1259 act, the Department of Consumer Protection may, for any violation of 1260 any provision of section 30-64 or of any regulation adopted under 1261 subdivisions (1), (2), (3) and (4) of subsection (b) of section 30-6a, 1262 suspend, cancel or revoke any permit as follows: For a first offense, not 1263 exceeding ten days' suspension of permit; for a second offense, not 1264 exceeding thirty days' suspension of permit; and for a third offense, the 1265 department may suspend, cancel or revoke the permit. 1266 Sec. 40. Section 30-68n of the general statutes is repealed and the 1267 following is substituted in lieu thereof (Effective July 1, 2021): 1268 (a) For the purposes of this section: (1) "Advertise" means the making 1269 of any statement or representation in connection with the solicitation of 1270 business in any manner by a retail permittee and includes, but is not 1271 limited to, statements and representations published in any newspaper 1272 or other publication or statements or representations printed in any 1273 catalog, circular or other sales literature or brochure; (2) "manufacturer's 1274 rebate" means that amount due and payable in accordance with an offer 1275 by a permittee other than a retail permittee to refund to a consumer all 1276 or a portion of the purchase price of an alcoholic liquor product; and (3) 1277 "net price" means the ultimate price paid by a consumer for an alcoholic 1278 liquor product after the consumer has redeemed the manufacturer's 1279 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 41 of 54 rebate offered for the alcoholic liquor product. Merchandise, novelties 1280 or other items are not permissible manufacturer's rebates. No permittee 1281 shall require alcoholic liquor to be purchased in order for a consumer to 1282 receive access to any merchandise, novelty or other item. 1283 (b) A retail permittee may advertise the existence of a manufacturer's 1284 rebate or the net price of an alcoholic liquor product provided such 1285 permittee makes all of the following disclosures in such advertisement 1286 in type that is the same color, style and size: (1) The sales price of the 1287 alcoholic liquor product before the manufacturer's rebate; (2) the 1288 amount and expiration date of the manufacturer's rebate; and (3) the net 1289 price of the alcoholic liquor product. 1290 Sec. 41. Subsection (d) of section 30-86 of the general statutes is 1291 repealed and the following is substituted in lieu thereof (Effective July 1, 1292 2021): 1293 (d) (1) No permittee or permittee's agent or employee shall 1294 electronically or mechanically record or maintain any information 1295 derived from a transaction scan, except the following: (A) The name and 1296 date of birth of the person listed on the driver's license or identity card 1297 presented by a cardholder; (B) the expiration date and identification 1298 number of the driver's license or identity card presented by a 1299 cardholder. 1300 (2) No permittee or permittee's agent or employee shall use a 1301 transaction scan device for a purpose other than the purposes specified 1302 in subsection (c) of this section, subsection (d) of section 53-344 or 1303 subsection (e) of section 53-344b. 1304 (3) No permittee or permittee's agent or employee shall sell or 1305 otherwise disseminate the information derived from a transaction scan 1306 to any third party for any purpose, including, but not limited to, any 1307 marketing, advertising or promotional activities, except that a permittee 1308 or permittee's agent or employee may release that information pursuant 1309 to a court order. 1310 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 42 of 54 (4) Nothing in subsection (c) of this section or this subsection relieves 1311 a permittee or permittee's agent or employee of any responsibility to 1312 comply with any other applicable state or federal laws or rules 1313 governing the sale, giving away or other distribution of alcoholic liquor. 1314 (5) Any person who violates this subsection shall be subject to [a civil] 1315 any penalty [of not more than one thousand dollars] set forth in section 1316 30-55, as amended by this act. 1317 Sec. 42. Section 30-93a of the general statutes is repealed and the 1318 following is substituted in lieu thereof (Effective July 1, 2021): 1319 Any person who ships into this state any package or carton 1320 containing alcoholic liquor shall, for each offense, be [fined not more 1321 than one thousand dollars or imprisoned not more than one year or 1322 both] subject to any penalty set forth in section 30-55, as amended by 1323 this act, unless (1) the contents of such package or carton are clearly 1324 marked on the outside of such package or carton, and (2) such person 1325 conditions delivery of such alcoholic liquor upon the signature of an 1326 individual who is (A) at least twenty-one years of age, or (B) legally 1327 authorized to receive such alcoholic liquor under the provisions of this 1328 chapter. 1329 Sec. 43. Section 30-113 of the general statutes is repealed and the 1330 following is substituted in lieu thereof (Effective July 1, 2021): 1331 Any person convicted of a violation of any provision of this chapter 1332 for which a specified penalty is not imposed, shall, for each offense, be 1333 [fined not more than one thousand dollars or imprisoned not more than 1334 one year or both] subject to any penalty set forth in section 30-55, as 1335 amended by this act. 1336 Sec. 44. Subsection (m) of section 30-22a of the general statutes is 1337 repealed and the following is substituted in lieu thereof (Effective July 1, 1338 2021): 1339 (m) For purposes of compliance with this section, "cafe" [shall include 1340 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 43 of 54 a] includes: (1) A room or building that is subject to the care, custody 1341 and control of The University of Connecticut Board of Trustees; [, or] (2) 1342 land and buildings which are subject to the care, custody and control of 1343 an institution offering a program of higher learning, as defined in 1344 section 10a-34, which has been accredited by the Board of Regents for 1345 Higher Education or Office of Higher Education or otherwise is 1346 authorized to award a degree pursuant to section 10a-34; or (3) on land 1347 or in a building situated on or abutting a golf course which is subject to 1348 the care, custody and control of an institution offering a program of 1349 higher learning, as defined in section 10a-34, which has been accredited 1350 by the Board of Regents for Higher Education or Office of Higher 1351 Education or otherwise is authorized to award a degree pursuant to 1352 section 10a-34. 1353 Sec. 45. Subsection (a) of section 30-18 of the general statutes is 1354 repealed and the following is substituted in lieu thereof (Effective July 1, 1355 2021): 1356 (a) An out-of-state shipper's permit for alcoholic liquor other than 1357 beer shall allow the sale of such alcoholic liquor to manufacturer and 1358 wholesaler permittees in this state and outside of this state as permitted 1359 by law and, as to any out-of-state shipper operating a farm winery who 1360 produces not more than one hundred thousand gallons of wine per year, 1361 the sale and shipment by the holder thereof to a retailer of wine 1362 manufactured by such permittee on the permitted premises in the 1363 original sealed containers of not more than fifteen gallons per container. 1364 The permit premises of an out-of-state shipper's permit for alcoholic 1365 liquor may be located within this state or outside this state. The annual 1366 fee for an out-of-state shipper's permit for alcoholic liquor other than 1367 beer shall be ninety dollars for a Connecticut manufacturer or 1368 wholesaler holding such a permit and shall be one thousand two 1369 hundred fifty dollars for any other person holding such a permit. For 1370 purposes of this subsection, "farm winery" means any place or premises, 1371 located on a farm in which wine is manufactured and sold provided not 1372 less than twenty-five per cent of the fruit used in the manufacture of 1373 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 44 of 54 such wine is produced on such farm. 1374 Sec. 46. (NEW) (Effective July 1, 2021) Notwithstanding the provisions 1375 of section 30-68m of the general statutes, the holder of a package store 1376 permit issued pursuant to section 30-20 of the general statutes, as 1377 amended by this act, may ship alcoholic liquor to a consumer located 1378 out-of-state, and may sell such alcoholic liquor at below his or her cost, 1379 subject to all applicable laws of the jurisdiction in which such consumer 1380 is located. As used in this section, "out-of-state" means any state other 1381 than Connecticut, any territory or possession of the United States, the 1382 District of Columbia or the Commonwealth of Puerto Rico, but does not 1383 include any foreign country. 1384 Sec. 47. (NEW) (Effective July 1, 2021) (a) A permit issued pursuant to 1385 title 30 of the general statutes for any on-premises consumption of 1386 alcoholic liquor shall allow the retail sale of not more than two drinks to 1387 any one person at any one time. 1388 (b) The Commissioner of Consumer Protection shall amend any 1389 existing regulations of Connecticut state agencies adopted under the 1390 provisions of title 30 of the general statutes, in accordance with chapter 1391 54 of the general statutes, to implement the provisions of subsection (a) 1392 of this section. 1393 Sec. 48. Section 9-1 of the general statutes is repealed and the 1394 following is substituted in lieu thereof (Effective from passage): 1395 Except as otherwise provided, the following terms, as used in this 1396 title and sections 3-124, 7-5, 7-6, 7-7, 7-17, 7-20, 7-39, 7-157, 7-214, 7-275, 1397 7-295, 7-343, 7-407, 8-1, 8-5, 8-19, 10-219, 11-36, 13a-11, [30-10, 30-11,] 45a-1398 18, 45a-19 and 51-95 have the following meanings: 1399 (a) "Ballot" means paper or other material containing the names of the 1400 candidates or a statement of a proposed constitutional amendment or 1401 other question or proposition to be voted on; 1402 (b) "Board for admission of electors" means the board as composed 1403 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 45 of 54 under subsection (a) of section 9-15a; 1404 (c) "Clerical error" means any error in the registry list or enrollment 1405 list due to a mistake or an omission on the part of the printer or a mistake 1406 or omission made by the registrars or their assistants; 1407 (d) "Election" means any electors' meeting at which the electors 1408 choose public officials by use of voting tabulators or by paper ballots as 1409 provided in section 9-272; 1410 (e) "Elector" means any person possessing the qualifications 1411 prescribed by the Constitution and duly admitted to, and entitled to 1412 exercise, the privileges of an elector in a town; 1413 (f) Repealed by P.A. 77-298, S. 14; 1414 (g) "Municipal clerk" means the clerk of a municipality; 1415 (h) "Municipal election" means the regularly recurring election held 1416 in a municipality at which the electors of the municipality choose public 1417 officials of such municipality; 1418 (i) "Municipality" means any city, borough or town within the state; 1419 (j) "Official ballot" means the official ballot to be used at an election, 1420 or the official ballot to be used thereat in accordance with the provisions 1421 of section 9-272; 1422 (k) "Population" means the population according to the last-1423 completed United States census; 1424 (l) "Presidential electors" means persons elected to cast their ballots 1425 for President and Vice President of the United States; 1426 (m) "Print" means methods of duplication of words by mechanical 1427 process, but shall not include typewriting; 1428 (n) "Referendum" means (1) a question or proposal which is 1429 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 46 of 54 submitted to a vote of the electors or voters of a municipality at any 1430 regular or special state or municipal election, as defined in this section, 1431 (2) a question or proposal which is submitted to a vote of the electors or 1432 voters, as the case may be, of a municipality at a meeting of such electors 1433 or voters, which meeting is not an election, as defined in subsection (d) 1434 of this section, and is not a town meeting, or (3) a question or proposal 1435 which is submitted to a vote of the electors or voters, as the case may be, 1436 of a municipality at a meeting of such electors or voters pursuant to 1437 section 7-7 or pursuant to charter or special act; 1438 (o) "Regular election" means any state or municipal election; 1439 (p) "Registrars" means the registrars of voters of the municipality; 1440 (q) "Registry list" means the list of electors of any municipality 1441 certified by the registrars; 1442 (r) "Special election" means any election not a regular election; 1443 (s) "State election" means the election held in the state on the first 1444 Tuesday after the first Monday in November in the even-numbered 1445 years in accordance with the provisions of the Constitution of 1446 Connecticut; 1447 (t) "State officers" means the Governor, Lieutenant Governor, 1448 Secretary of the State, Treasurer, Comptroller and Attorney General; 1449 (u) "Voter" means a person qualified to vote at town and district 1450 meetings under the provisions of section 7-6; 1451 (v) "Voting district" means any municipality, or any political 1452 subdivision thereof, having not more than one polling place in a regular 1453 election; 1454 (w) "Voting tabulator" means a machine, including, but not limited 1455 to, a device which operates by electronic means, for the registering and 1456 recording of votes cast at elections, primaries and referenda; 1457 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 47 of 54 (x) "Write-in ballot" means a vote cast for any person whose name 1458 does not appear on the official ballot as a candidate for the office for 1459 which the person's name is written in; and 1460 (y) "The last session for admission of electors prior to an election" 1461 means the day which is the seventh day prior to an election. 1462 Sec. 49. Section 30-9 of the general statutes is repealed and the 1463 following is substituted in lieu thereof (Effective from passage): 1464 (a) The sale of alcoholic liquor or the sale of alcoholic liquor in one or 1465 more classes of permits under the provisions of this chapter shall be 1466 permitted in any town in the state until by vote of the town, taken [as 1467 provided in section 30-10] by vote of its legislative body or, in a town 1468 where the legislative body is a town meeting, by vote of the board of 1469 selectmen, a contrary preference has been indicated; and nothing 1470 contained in this chapter shall be construed to permit the sale of 1471 alcoholic liquor in any town which has voted to the contrary. 1472 (b) In all cases in which a town acted on the sale of alcoholic liquor 1473 prior to the effective date of this section, such action shall remain in 1474 effect until further action is taken in accordance with this chapter. 1475 Sec. 50. (NEW) (Effective July 1, 2021) (a) A seasonal outdoor open-air 1476 permit shall allow the retail sale of alcoholic liquor for consumption on 1477 a lot, yard, green or other outdoor open space, provided: (1) The retail 1478 sale and consumption of alcoholic liquor is allowed in such space by the 1479 applicable local zoning, health and fire marshal officials; (2) the 1480 permitted premises is not more than one square acre in size; (3) a 1481 temporary fence or a wall not less than thirty inches high encloses the 1482 permitted area; (4) restrooms or enclosed portable toilets are available 1483 either within the permitted area or nearby; and (5) food is available for 1484 sale to consumers for consumption on the permitted premises during all 1485 hours that the permittee is engaging in the retail sale of alcoholic liquor. 1486 Any such food may be prepared on the permitted premises, be provided 1487 by a food truck or a caterer, or consist of prepackaged items. The 1488 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 48 of 54 availability of area menus for delivery shall be deemed in compliance 1489 with the requirements of this subsection. Nothing in this section shall be 1490 construed to require that food be purchased with an alcoholic beverage. 1491 (b) Tents, mobile units and other temporary fixtures may be included 1492 within the permitted premises. A permittee under this section shall 1493 maintain the permitted premises in a manner consistent with all 1494 applicable local zoning, health and fire requirements. 1495 (c) The seasonal outdoor open-air permit shall be effective either 1496 April first to September thirtieth, inclusive, or May first to October 1497 thirty-first, inclusive, of the same year. Such permit shall be issued by 1498 the Department of Consumer Protection subject to the limitations on 1499 hours of operation for a restaurant permittee, as specified in section 30-1500 91 of the general statutes, as amended by this act. Any such permit shall 1501 not be renewable and the issuance of a provisional seasonal outdoor 1502 open-air permit is prohibited. Any backer of the permittee may only 1503 apply for one such permit per calendar year. The provisions of 1504 subsection (c) of section 30-39 of the general statutes, as amended by this 1505 act, do not apply to such permit. The annual fee for a seasonal outdoor 1506 open-air permit shall be two thousand dollars. 1507 (d) The seasonal outdoor open-air permit shall allow the sale at retail 1508 of draught beer for off-premise consumption in sealed containers 1509 supplied by the permittee. Such sales shall be conducted only during 1510 the hours a package store is permitted to sell alcoholic liquor under the 1511 provisions of subsection (d) of section 30-91 of the general statutes, as 1512 amended by this act. Not more than four liters of such beer shall be sold 1513 to any person on any day on which the sale of alcoholic liquor is 1514 authorized under the provisions of subsection (d) of section 30-91 of the 1515 general statutes, as amended by this act. 1516 Sec. 51. (NEW) (Effective July 1, 2021) Notwithstanding the provisions 1517 of sections 30-16, 30-18 and 30-18a of the general statutes, as amended 1518 by this act, no person shall repackage, relabel or sell wine manufactured 1519 outside of this state for the purpose of selling such wine as Connecticut 1520 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 49 of 54 made wine. 1521 Sec. 52. Subsection (a) of section 30-20 of the general statutes is 1522 repealed and the following is substituted in lieu thereof (Effective July 1, 1523 2021): 1524 (a) A package store permit shall allow the retail sale of alcoholic 1525 liquor not to be consumed on the premises, such sales to be made only 1526 in sealed bottles or other containers. The holder of a package store 1527 permit may, in accordance with regulations adopted by the Department 1528 of Consumer Protection pursuant to the provisions of chapter 54, offer 1529 free samples of alcoholic liquor for tasting on the premises, conduct fee-1530 based wine education and tasting classes and demonstrations and 1531 conduct tastings or demonstrations provided by a permittee or backer 1532 of a package store for a nominal charge to charitable nonprofit 1533 organizations. Any offering, tasting, wine education and tasting class or 1534 demonstration held on permit premises shall be conducted only during 1535 the hours a package store is permitted to sell alcoholic liquor under 1536 section 30-91, as amended by this act. No tasting of wine on the premises 1537 shall be offered from more than ten uncorked bottles at any one time. 1538 No store operating under a package store permit shall sell any 1539 commodity other than alcoholic liquor except that, notwithstanding any 1540 other provision of law, such store may sell (1) cigarettes and cigars, (2) 1541 publications, (3) bar utensils, which shall include, but need not be 1542 limited to, corkscrews, beverage strainers, stirrers or other similar items 1543 used to consume or related to the consumption of alcoholic liquor, (4) 1544 gift packages of alcoholic liquor shipped into the state by a 1545 manufacturer or out-of-state shipper, which may include a nonalcoholic 1546 item in the gift package that may be any item, except food or tobacco 1547 products, provided the dollar value of the nonalcoholic items does not 1548 exceed the dollar value of the alcoholic items of the package, (5) 1549 complementary fresh fruits used in the preparation of mixed alcoholic 1550 beverages, (6) cheese or crackers, or both, (7) olives, (8) nonalcoholic 1551 beverages, (9) concentrates used in the preparation of mixed alcoholic 1552 beverages, (10) beer and wine-making kits and products related to beer 1553 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 50 of 54 and wine-making kits, (11) ice in any form, (12) articles of clothing 1554 imprinted with advertising related to the alcoholic liquor industry, (13) 1555 gift baskets or other containers of alcoholic liquor, (14) multiple 1556 packages of alcoholic liquors, as defined in subdivision (3) of section 30-1557 1, as amended by this act, provided in all such cases the minimum retail 1558 selling price for such alcoholic liquor shall apply, (15) lottery tickets 1559 authorized by the Department of Consumer Protection, if licensed as an 1560 agent to sell such tickets by said department, (16) devices and related 1561 accessories designed primarily for accessing and extracting a beverage 1562 containing alcohol from prepackaged containers, including pods, 1563 pouches or similar containers, but excluding devices that are not 1564 designed primarily for such purposes, including, but not limited to, 1565 household blenders, and [(16)] (17) gift baskets containing only 1566 containers of alcoholic liquor and commodities authorized for sale 1567 under subdivisions (1) to [(15)] (16), inclusive, of this subsection. A 1568 package store permit shall also allow the taking and transmitting of 1569 orders for delivery of such merchandise in other states. 1570 Notwithstanding any other provision of law, a package store permit 1571 shall allow the participation in any lottery ticket promotion or giveaway 1572 sponsored by the Department of Consumer Protection. The annual fee 1573 for a package store permit shall be five hundred thirty-five dollars. 1574 Sec. 53. Section 30-37p of the general statutes is repealed and the 1575 following is substituted in lieu thereof (Effective from passage): 1576 (a) A gift basket retailer permit shall allow the retail sale of wine, 1577 mead or beer. Such wine, mead or beer shall be included in a gift basket 1578 sold at retail by the permit holder. Such wine, mead or beer shall not be 1579 consumed on the premises. The holder of a gift basket retailer permit 1580 shall be located in this state and such wine, mead or beer shall only be 1581 purchased by such permit holder from the holder of a package store 1582 permit issued pursuant to section 30-20, as amended by this act, the 1583 holder of a manufacturer permit for a farm winery issued pursuant to 1584 subsection (c) of section 30-16, the holder of a manufacturer permit for 1585 wine, cider and mead issued pursuant to subsection (d) of section 30-16, 1586 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 51 of 54 or the holder of a manufacturer permit for beer issued pursuant to 1587 subsection (b) of section 30-16. 1588 (b) The holder of a gift basket retailer permit may sell gift baskets 1589 which may include (1) a maximum of four bottles of wine or mead per 1590 basket or a maximum of seventy-two ounces of beer per basket, (2) food 1591 items, (3) nonalcoholic beverages, (4) concentrates used in the 1592 preparation of mixed alcoholic beverages, (5) wine-making kits and 1593 beer-making kits and products related to such kits, (6) ice in any form, 1594 (7) articles of clothing imprinted with advertising related to the alcoholic 1595 liquor industry or the permittee's gift basket business, (8) flowers, plants 1596 and garden-related items, (9) drinking glasses, bottle opening devices 1597 and literature related to wine, mead or beer, or (10) gift certificates. The 1598 sale of such gift baskets shall only take place during the times permitted 1599 for the sale of alcoholic liquor in places operating under package store 1600 permits pursuant to section 30-91, as amended by this act. The holder of 1601 a gift basket retailer permit shall not sell such gift baskets on premises 1602 operating under any other permit issued pursuant to this title. Nothing 1603 in this section shall prohibit the holder of a package store permit issued 1604 pursuant to section 30-20, as amended by this act, from selling any item 1605 permitted for sale by such permittee pursuant to said section. 1606 (c) The annual fee for a gift basket retailer permit shall be two 1607 hundred dollars. 1608 Sec. 54. Subsection (a) of section 30-16 of the general statutes is 1609 repealed and the following is substituted in lieu thereof (Effective July 1, 1610 2021): 1611 (a) As used in this subsection, "proof gallon" has the same meaning 1612 as provided in section 12-433. A manufacturer permit for spirits shall 1613 allow the manufacture of spirits and the storage, bottling and wholesale 1614 distribution and sale of spirits manufactured or bottled to permittees in 1615 this state and without the state as may be permitted by law; but no such 1616 permit shall be granted unless the place or the plan of the place of 1617 manufacture has received the approval of the Department of Consumer 1618 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 52 of 54 Protection. The holder of a manufacturer permit for spirits who 1619 produces less than fifty thousand proof gallons of spirits in a calendar 1620 year may sell at retail from the premises sealed bottles or other sealed 1621 containers of spirits manufactured on the premises for consumption off 1622 the premises, provided such holder shall not sell to any one consumer 1623 more than three liters of spirits per day nor more than five gallons of 1624 spirits in any two-month period. Retail sales by a holder of a 1625 manufacturer permit for spirits shall occur only on the days and times 1626 permitted under subsection (d) of section 30-91, as amended by this act. 1627 A holder of a manufacturer permit for spirits, alone or in combination 1628 with any parent or subsidiary business or related or affiliated party, who 1629 sells more than ten thousand gallons of spirits in any calendar year may 1630 not sell spirits at wholesale to retail permittees within this state. Such 1631 permit shall also authorize the offering and tasting, on the premises of 1632 the permittee, of free samples of spirits distilled on the premises. Such 1633 free samples of spirits distilled on the premises may be offered for 1634 consumption in combination with a nonalcoholic beverage. Tastings 1635 shall not exceed two ounces per patron per day and shall not be allowed 1636 on such premises on Sunday before eleven o'clock a.m. and after eight 1637 o'clock p.m. and on any other day before ten o'clock a.m. and after eight 1638 o'clock p.m. No tastings shall be offered to or allowed to be consumed 1639 by any minor or intoxicated person. A holder of a manufacturer permit 1640 for spirits may apply for and shall receive an out-of-state shipper's 1641 permit for manufacturing plants and warehouse locations outside the 1642 state owned by such manufacturer or a subsidiary corporation thereof, 1643 at least eighty-five per cent of the voting stock of which is owned by 1644 such manufacturer, to bring into any of its plants or warehouses in the 1645 state spirits for reprocessing, repackaging, reshipment or sale either (1) 1646 within the state to wholesaler permittees not owned or controlled by 1647 such manufacturer, or (2) outside the state. The annual fee for a 1648 manufacturer permit for spirits shall be one thousand eight hundred 1649 fifty dollars. 1650 Sec. 55. Sections 30-6c and 30-58b of the general statutes are repealed. 1651 (Effective July 1, 2021) 1652 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 53 of 54 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 30-1 Sec. 2 July 1, 2021 30-12 Sec. 3 July 1, 2021 30-13a Sec. 4 July 1, 2021 30-14(a) Sec. 5 July 1, 2021 30-22c(b) Sec. 6 July 1, 2021 30-24 Sec. 7 July 1, 2021 30-24b Sec. 8 July 1, 2021 30-25 Sec. 9 July 1, 2021 30-25a Sec. 10 July 1, 2021 30-37f Sec. 11 July 1, 2021 30-38 Sec. 12 July 1, 2021 30-45 Sec. 13 July 1, 2021 30-46 Sec. 14 July 1, 2021 30-46a Sec. 15 July 1, 2021 30-48 Sec. 16 July 1, 2021 30-48a(a) to (c) Sec. 17 July 1, 2021 30-51 Sec. 18 July 1, 2021 30-53 Sec. 19 July 1, 2021 30-54 Sec. 20 July 1, 2021 30-68l(b) Sec. 21 July 1, 2021 30-81 Sec. 22 July 1, 2021 30-90 Sec. 23 July 1, 2021 30-91 Sec. 24 July 1, 2021 30-91a Sec. 25 July 1, 2021 30-7 Sec. 26 July 1, 2021 30-8 Sec. 27 July 1, 2021 30-17 Sec. 28 July 1, 2021 30-33 Sec. 29 July 1, 2021 30-35b Sec. 30 July 1, 2021 30-36 Sec. 31 July 1, 2021 30-37 Sec. 32 July 1, 2021 30-37j Sec. 33 from passage 30-39 Sec. 34 July 1, 2021 30-55 Sec. 35 July 1, 2021 30-56 Sec. 36 July 1, 2021 30-59 Sec. 37 July 1, 2021 30-61 Substitute Bill No. 6459 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06459- R01-HB.docx } 54 of 54 Sec. 38 July 1, 2021 30-64b Sec. 39 July 1, 2021 30-67 Sec. 40 July 1, 2021 30-68n Sec. 41 July 1, 2021 30-86(d) Sec. 42 July 1, 2021 30-93a Sec. 43 July 1, 2021 30-113 Sec. 44 July 1, 2021 30-22a(m) Sec. 45 July 1, 2021 30-18(a) Sec. 46 July 1, 2021 New section Sec. 47 July 1, 2021 New section Sec. 48 from passage 9-1 Sec. 49 from passage 30-9 Sec. 50 July 1, 2021 New section Sec. 51 July 1, 2021 New section Sec. 52 July 1, 2021 30-20(a) Sec. 53 from passage 30-37p Sec. 54 July 1, 2021 30-16(a) Sec. 55 July 1, 2021 Repealer section GL Joint Favorable Subst.