| Old | New | Differences | |
|---|---|---|---|
| 1 | + | ||
| 2 | + | ||
| 3 | + | LCO 956 \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00263-R01- | |
| 4 | + | SB.docx | |
| 5 | + | 1 of 3 | |
| 6 | + | ||
| 7 | + | General Assembly Raised Bill No. 263 | |
| 8 | + | January Session, 2021 | |
| 9 | + | LCO No. 956 | |
| 10 | + | ||
| 11 | + | ||
| 12 | + | Referred to Committee on GENERAL LAW | |
| 13 | + | ||
| 14 | + | ||
| 15 | + | Introduced by: | |
| 16 | + | (GL) | |
| 1 | 17 | ||
| 2 | 18 | ||
| 3 | 19 | ||
| 4 | - | Senate Bill No. 263 | |
| 5 | - | ||
| 6 | - | Public Act No. 21-10 | |
| 7 | - | ||
| 8 | - | ||
| 9 | - | AN ACT REESTABLISHIN G CLUB AND NONPROFIT CLUB | |
| 10 | - | PERMITS. | |
| 20 | + | AN ACT CONCERNING CL UB PERMIT AND NONPRO FIT CLUB | |
| 21 | + | PERMIT FEES. | |
| 11 | 22 | Be it enacted by the Senate and House of Representatives in General | |
| 12 | 23 | Assembly convened: | |
| 13 | 24 | ||
| 14 | - | Section 1. (NEW) (Effective from passage) (a) As used in this section, | |
| 15 | - | "club" means an association of persons, whether incorporated or | |
| 16 | - | unincorporated, (1) (A) that has been in existence as a bona fide | |
| 17 | - | organization for at least three years prior to applying for a permit issued | |
| 18 | - | as provided in chapter 545 of the general statutes, or (B) that has been a | |
| 19 | - | bona fide national or international fraternal or social organization or | |
| 20 | - | affiliation thereof which has been in existence in this state for one year, | |
| 21 | - | (2) for the promotion of some common object, not including associations | |
| 22 | - | organized for any commercial or business purpose the object of which | |
| 23 | - | is money profit, owning, hiring or leasing a building, or space in a | |
| 24 | - | building, or having substantial control of a building or space therein, of | |
| 25 | - | such extent and character as, in the judgment of the department, may be | |
| 26 | - | suitable and adequate for the reasonable and comfortable use and | |
| 27 | - | accommodation of its members and their guests. A club permit shall | |
| 28 | - | allow the retail sale of alcoholic liquor to be consumed on the premises | |
| 29 | - | of a club but only by members or their guests. The annual fee for a club | |
| 30 | - | permit shall be three hundred dollars. | |
| 31 | - | (b) The department shall determine which clubs it finds to be bona Senate Bill No. 263 | |
| 25 | + | Section 1. Subsection (a) of section 30-22a of the general statutes is 1 | |
| 26 | + | repealed and the following is substituted in lieu thereof (Effective from 2 | |
| 27 | + | passage): 3 | |
| 28 | + | (a) A cafe permit shall allow the retail sale of alcoholic liquor to be 4 | |
| 29 | + | consumed on the premises of a cafe. The holder of a cafe permit shall 5 | |
| 30 | + | keep food available for sale to its customers for consumption on the 6 | |
| 31 | + | premises during a majority of the hours such premises are open. The 7 | |
| 32 | + | availability of food from outside vendors located on or near the 8 | |
| 33 | + | premises shall be deemed compliance with such requirement. The 9 | |
| 34 | + | licensed premises shall at all times comply with all the regulations of the 10 | |
| 35 | + | local department of health. Nothing herein shall be construed to require 11 | |
| 36 | + | that any food be sold or purchased with any alcoholic liquor, nor shall 12 | |
| 37 | + | any rule, regulation or standard be promulgated or enforced requiring 13 | |
| 38 | + | that the sale of food be substantial or that the receipts of the business 14 | |
| 39 | + | other than from the sale of liquor equal any set percentage of total 15 Raised Bill No. 263 | |
| 32 | 40 | ||
| 33 | - | Public Act No. 21-10 2 of 13 | |
| 34 | 41 | ||
| 35 | - | fide and for such clubs as the department finds to be bona fide and | |
| 36 | - | which offer facilities and privileges in addition to the privileges of the | |
| 37 | - | club building, such as golf, tennis, bathing or beach facilities, hunting or | |
| 38 | - | riding, the three-year requirement of subdivision (1) of subsection (a) of | |
| 39 | - | this section shall not apply. Any such club shall be required to (1) file | |
| 40 | - | with the department, upon request, within ten days of February first in | |
| 41 | - | each year, a list of the names and residences of its members, and shall | |
| 42 | - | similarly file, within ten days of the election of any additional member, | |
| 43 | - | the member's name and address, (2) have aggregate annual membership | |
| 44 | - | fees or dues and other income, exclusive of any proceeds of the sale of | |
| 45 | - | alcoholic liquor, that is sufficient to defray the annual rental of its leased | |
| 46 | - | or rented premises, or, if such premises are owned by the club, sufficient | |
| 47 | - | to meet the taxes, insurance and repairs and the interest on any | |
| 48 | - | mortgage thereof, and (3) have its affairs and management be conducted | |
| 49 | - | by a board of directors, executive committee or similar body chosen by | |
| 50 | - | the members at their annual meeting. No member or any officer, agent | |
| 51 | - | or employee of the club shall be paid or, directly or indirectly, shall | |
| 52 | - | receive in the form of salary or other compensation any profits from the | |
| 53 | - | disposition or sale of alcoholic liquor to the club or to the members of | |
| 54 | - | the club or its guests introduced by members, beyond the amount of | |
| 55 | - | such salary as may be fixed and voted at annual meetings by the | |
| 56 | - | members or by its directors or other governing body and as reported by | |
| 57 | - | the club to the department, within three months after such annual | |
| 58 | - | meeting, and as, in the judgment of the department, is reasonable and | |
| 59 | - | proper compensation for the services of such member, officer, agent or | |
| 60 | - | employee. | |
| 61 | - | (c) As used in this subsection, "nonprofit club" means a club that is | |
| 62 | - | exempt from federal income tax under Section 501(a) of the Internal | |
| 63 | - | Revenue Code and is described in Section 501(c) of the code. A nonprofit | |
| 64 | - | club permit shall allow the retail sale of alcoholic liquor to be consumed | |
| 65 | - | on the premises of a nonprofit club by members or their guests and by | |
| 66 | - | persons other than members or their guests, provided the total receipts Senate Bill No. 263 | |
| 42 | + | LCO 956 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00263- | |
| 43 | + | R01-SB.docx } | |
| 44 | + | 2 of 3 | |
| 67 | 45 | ||
| 68 | - | Public Act No. 21-10 3 of 13 | |
| 46 | + | receipts from sales made therein. A cafe permit shall allow, with the 16 | |
| 47 | + | prior approval of the Department of Consumer Protection, alcoholic 17 | |
| 48 | + | liquor to be served at tables in outside areas that are screened or not 18 | |
| 49 | + | screened from public view where permitted by fire, zoning and health 19 | |
| 50 | + | regulations. If not required by fire, zoning or health regulations, a fence 20 | |
| 51 | + | or wall enclosing such outside areas shall not be required by the 21 | |
| 52 | + | Department of Consumer Protection. No fence or wall used to enclose 22 | |
| 53 | + | such outside areas shall be less than thirty inches high. Such permit shall 23 | |
| 54 | + | also authorize the sale at retail from the premises of sealed containers 24 | |
| 55 | + | supplied by the permittee of draught beer for consumption off the 25 | |
| 56 | + | premises. Such sales shall be conducted only during the hours a package 26 | |
| 57 | + | store is permitted to sell alcoholic liquor under the provisions of 27 | |
| 58 | + | subsection (d) of section 30-91. Not more than four liters of such beer 28 | |
| 59 | + | shall be sold to any person on any day on which the sale of alcoholic 29 | |
| 60 | + | liquor is authorized under the provisions of subsection (d) of section 30-30 | |
| 61 | + | 91. The annual fee for a cafe permit shall be two thousand dollars, except 31 | |
| 62 | + | the annual fee for a cafe permit for a prior holder of a tavern permit 32 | |
| 63 | + | issued pursuant to section 30-26 shall be eight hundred dollars for the 33 | |
| 64 | + | first year, twelve hundred dollars for the second year, one thousand six 34 | |
| 65 | + | hundred dollars for the third year and two thousand dollars for each 35 | |
| 66 | + | year thereafter. The annual fee for a cafe permit for a prior holder of a 36 | |
| 67 | + | club permit or a nonprofit club permit issued pursuant to section 30-23 37 | |
| 68 | + | shall be eight hundred fifteen dollars. 38 | |
| 69 | + | Sec. 2. (NEW) (Effective from passage) Notwithstanding subsection (f) 39 | |
| 70 | + | of section 21a-4 of the general statutes, the Commissioner of Consumer 40 | |
| 71 | + | Protection shall refund to any prior holder of a club permit or a 41 | |
| 72 | + | nonprofit club permit issued pursuant to section 30-23 of the general 42 | |
| 73 | + | statutes the portion of the annual fee paid by such permittee in excess of 43 | |
| 74 | + | eight hundred fifteen dollars, if such excess amount was paid by such 44 | |
| 75 | + | permittee on or after July 1, 2020. 45 | |
| 76 | + | This act shall take effect as follows and shall amend the following | |
| 77 | + | sections: | |
| 69 | 78 | ||
| 70 | - | of such club in any year, including receipts from the sale of alcoholic | |
| 71 | - | liquor, derived from making its facilities and services available to such | |
| 72 | - | persons in furtherance of such club's recreational or other nonprofit | |
| 73 | - | purpose, shall not exceed fifteen per cent of such club's gross receipts | |
| 74 | - | for such year. The annual fee for a nonprofit club permit shall be eight | |
| 75 | - | hundred fifteen dollars. | |
| 76 | - | Sec. 2. Subsections (g) to (m), inclusive, of section 30-22a of the | |
| 77 | - | general statutes are repealed and the following is substituted in lieu | |
| 78 | - | thereof (Effective from passage): | |
| 79 | - | (g) For purposes of compliance with this section, "cafe" shall include | |
| 80 | - | the premises and grounds of a golf country club, defined as (1) an | |
| 81 | - | association of persons, whether incorporated or unincorporated, that | |
| 82 | - | has been in existence as a bona fide organization for at least one year | |
| 83 | - | prior to applying for a permit issued as provided by this chapter, or that | |
| 84 | - | at the time of applying for the permit is in existence as a bona fide | |
| 85 | - | organization and has not less than twenty members who have paid | |
| 86 | - | annual membership fees or dues and have signed affidavits of their | |
| 87 | - | intention to remain members of the association for not less than one year | |
| 88 | - | after that time, not including associations organized for any commercial | |
| 89 | - | or business purpose the object of which is money profit, which | |
| 90 | - | maintains a golf course of not less than eighteen holes and a course | |
| 91 | - | length of at least fifty-five hundred yards and a club house with facilities | |
| 92 | - | that include locker rooms, a dining room and a lounge; provided the | |
| 93 | - | club shall file with the department, upon request, within ten days of | |
| 94 | - | February first in each year, a list of the names and residences of its | |
| 95 | - | members, and shall similarly file, within ten days of the election of any | |
| 96 | - | additional member, his name and address, and provided its aggregate | |
| 97 | - | annual membership fees or dues and other income, exclusive of any | |
| 98 | - | proceeds of the sale of alcoholic liquor, shall be sufficient to defray the | |
| 99 | - | annual rental of its leased or rented premises, or, if the premises are | |
| 100 | - | owned by the club, shall be sufficient to meet the taxes, insurance and Senate Bill No. 263 | |
| 79 | + | Section 1 from passage 30-22a(a) Raised Bill No. 263 | |
| 101 | 80 | ||
| 102 | - | Public Act No. 21-10 4 of 13 | |
| 103 | 81 | ||
| 104 | - | repairs and the interest on any mortgage thereof; and provided, further, | |
| 105 | - | its affairs and management shall be conducted by a board of directors, | |
| 106 | - | executive committee or similar body chosen by the members at their | |
| 107 | - | annual meeting, and no member or any officer, agent or employee of the | |
| 108 | - | club shall be paid or, directly or indirectly, shall receive in the form of | |
| 109 | - | salary or other compensation any profits from the disposition or sale of | |
| 110 | - | alcoholic liquor to the club or to the members of the club or its guests | |
| 111 | - | introduced by members, beyond the amount of such salary as may be | |
| 112 | - | fixed and voted at annual meetings by the members or by its directors | |
| 113 | - | or other governing body and as reported by the club to the department, | |
| 114 | - | within three months after the annual meeting, and as is, in the judgment | |
| 115 | - | of the department, reasonable and proper compensation for the services | |
| 116 | - | of such member, officer, agent or employee; or (2) an association of | |
| 117 | - | persons, whether incorporated or unincorporated, which has been in | |
| 118 | - | existence as a bona fide organization for at least one year prior to | |
| 119 | - | applying for a permit issued as provided by this chapter, or which at the | |
| 120 | - | time of applying for the permit is in existence as a bona fide organization | |
| 121 | - | and has not less than twenty members who have paid annual | |
| 122 | - | membership fees or dues and is directly or indirectly wholly owned by | |
| 123 | - | a corporation which is and continues to be nonprofit and to which the | |
| 124 | - | Internal Revenue Service has issued a ruling classifying it as an exempt | |
| 125 | - | organization under Section 501(c) of the Internal Revenue Code of 1986, | |
| 126 | - | or any subsequent corresponding internal revenue code of the United | |
| 127 | - | States, as amended from time to time, which maintains a golf course of | |
| 128 | - | not less than eighteen holes and a course length of at least fifty-five | |
| 129 | - | hundred yards and a club house with facilities which include locker | |
| 130 | - | rooms, a dining room and a lounge; provided the club shall file with the | |
| 131 | - | department, upon request, within ten days of February first in each year, | |
| 132 | - | a list of the names and residences of its members, and shall similarly file, | |
| 133 | - | within ten days of the admission of any additional member, his name | |
| 134 | - | and address. The nonprofit corporation shall demonstrate to the | |
| 135 | - | commission an ability to pay any operating deficit of the golf country | |
| 136 | - | club, exclusive of any proceeds of the sale of alcoholic liquor; and Senate Bill No. 263 | |
| 82 | + | LCO 956 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00263- | |
| 83 | + | R01-SB.docx } | |
| 84 | + | 3 of 3 | |
| 137 | 85 | ||
| 138 | - | ||
| 86 | + | Sec. 2 from passage New section | |
| 139 | 87 | ||
| 140 | - | provided, further, the affairs and the management of the nonprofit | |
| 141 | - | corporation are conducted by a board of directors, executive committee | |
| 142 | - | or similar body at least forty per cent of the members of which are | |
| 143 | - | chosen by the members of the nonprofit corporation at their annual | |
| 144 | - | meeting and the balance of the members of the board of directors are | |
| 145 | - | professionals chosen for their knowledge of the business of the | |
| 146 | - | nonprofit corporation, and all moneys earned by the golf country club | |
| 147 | - | shall be used to defray its expenses of operation or for charitable | |
| 148 | - | purposes, and any balance shall be directly or indirectly remitted to the | |
| 149 | - | nonprofit corporation. | |
| 150 | - | [(h) For purposes of compliance with this section, "cafe" shall include | |
| 151 | - | the premises of a club but only by members or their guests, a club being | |
| 152 | - | defined as an association of persons, whether incorporated or | |
| 153 | - | unincorporated, which has been in existence as a bona fide organization | |
| 154 | - | for at least three years prior to applying for a permit issued as provided | |
| 155 | - | by this chapter, or has been a bona fide national or international | |
| 156 | - | fraternal or social organization or affiliation thereof which has been in | |
| 157 | - | existence in this state for one year, for the promotion of some common | |
| 158 | - | object, not including associations organized for any commercial or | |
| 159 | - | business purpose the object of which is money profit, owning, hiring or | |
| 160 | - | leasing a building, or space in a building, or having substantial control | |
| 161 | - | of a building or space therein, of such extent and character as, in the | |
| 162 | - | judgment of the department, may be suitable and adequate for the | |
| 163 | - | reasonable and comfortable use and accommodation of its members and | |
| 164 | - | their guests; provided, as to such clubs as the department finds to be | |
| 165 | - | bona fide and which offer facilities and privileges in addition to the | |
| 166 | - | privileges of the club building, such as golf, tennis, bathing or beach | |
| 167 | - | facilities, hunting or riding, the three-year requirement shall not apply; | |
| 168 | - | and provided such club shall file with the department, upon request, | |
| 169 | - | within ten days of February first in each year, a list of the names and | |
| 170 | - | residences of its members, and shall similarly file, within ten days of the | |
| 171 | - | election of any additional member, his name and address, and provided Senate Bill No. 263 | |
| 88 | + | GL Joint Favorable | |
| 172 | 89 | ||
| 173 | - | Public Act No. 21-10 6 of 13 | |
| 174 | - | ||
| 175 | - | its aggregate annual membership fees or dues and other income, | |
| 176 | - | exclusive of any proceeds of the sale of alcoholic liquor, shall be | |
| 177 | - | sufficient to defray the annual rental of its leased or rented premises, or, | |
| 178 | - | if such premises are owned by the club, shall be sufficient to meet the | |
| 179 | - | taxes, insurance and repairs and the interest on any mortgage thereof; | |
| 180 | - | and provided, further, its affairs and management shall be conducted | |
| 181 | - | by a board of directors, executive committee or similar body chosen by | |
| 182 | - | the members at their annual meeting, and no member or any officer, | |
| 183 | - | agent or employee of the club shall be paid or, directly or indirectly, | |
| 184 | - | shall receive in the form of salary or other compensation any profits | |
| 185 | - | from the disposition or sale of alcoholic liquor to the club or to the | |
| 186 | - | members of the club or its guests introduced by members, beyond the | |
| 187 | - | amount of such salary as may be fixed and voted at annual meetings by | |
| 188 | - | the members or by its directors or other governing body and as reported | |
| 189 | - | by the club to the department, within three months after such annual | |
| 190 | - | meeting, and as, in the judgment of the department, is reasonable and | |
| 191 | - | proper compensation for the services of such member, officer, agent or | |
| 192 | - | employee. | |
| 193 | - | (i) For purposes of compliance with this section, "cafe" shall include | |
| 194 | - | the retail sale of alcoholic liquor to be consumed on the premises of a | |
| 195 | - | nonprofit club by members or their guests and by persons other than | |
| 196 | - | members or their guests, provided the total receipts of such club in any | |
| 197 | - | year, including receipts from the sale of alcoholic liquor, derived from | |
| 198 | - | making its facilities and services available to such persons in furtherance | |
| 199 | - | of such club's recreational or other nonprofit purpose shall not exceed | |
| 200 | - | fifteen per cent of such club's gross receipts for such year. "Nonprofit | |
| 201 | - | club" means a club that is exempt from federal income tax under Section | |
| 202 | - | 501(a) of the Internal Revenue Code of 1986, or any subsequent | |
| 203 | - | corresponding internal revenue code of the United States, as amended | |
| 204 | - | from time to time, and is described in said Section 501(c).] | |
| 205 | - | [(j)] (h) For purposes of compliance with this section, "cafe" shall Senate Bill No. 263 | |
| 206 | - | ||
| 207 | - | Public Act No. 21-10 7 of 13 | |
| 208 | - | ||
| 209 | - | include the sale and public consumption of alcoholic liquor by | |
| 210 | - | passengers with or without meals upon any one designated boat | |
| 211 | - | engaged in the transportation of passengers for hire to or from any port | |
| 212 | - | in this state. | |
| 213 | - | [(k)] (i) For purposes of compliance with this section, "cafe" shall | |
| 214 | - | include any corporation that operates a railway in this state or that | |
| 215 | - | operates club, parlor, dining, buffet or lounge cars upon the lines of any | |
| 216 | - | such railway in this state. It shall allow the sale and public consumption | |
| 217 | - | of alcoholic liquor in any club, parlor, dining, buffet or lounge car of a | |
| 218 | - | passenger train operated in this state. It shall be subject to all the | |
| 219 | - | privileges, obligations and penalties provided for in this chapter except | |
| 220 | - | that it shall be issued to a corporation instead of to a person and if it is | |
| 221 | - | revoked, another application may be made by the corporation for the | |
| 222 | - | issuance of another railroad permit at any time after the expiration of | |
| 223 | - | one year after such revocation. | |
| 224 | - | [(l)] (j) For purposes of compliance with this section, "cafe" shall | |
| 225 | - | include a facility designed, constructed and used for corporate and | |
| 226 | - | private parties, sporting events, concerts, exhibitions, trade shows, | |
| 227 | - | entertainment presentations, conventions, banquets, meetings, dances, | |
| 228 | - | fund-raising events and similar functions, located on a tract of land of | |
| 229 | - | not less than twenty acres containing an enclosed roofed pavilion | |
| 230 | - | constructed to seat not less than two hundred fifty people, where hot | |
| 231 | - | meals are regularly served in an adequate and sanitary dining area, such | |
| 232 | - | meals having been prepared in an adequate and sanitary kitchen on the | |
| 233 | - | premises, and employing an adequate number of employees who shall | |
| 234 | - | serve only persons who are at such outing facility to attend an event, | |
| 235 | - | function, private party or banquet. | |
| 236 | - | [(m)] (k) For purposes of compliance with this section, "cafe" shall | |
| 237 | - | include a room or building that is subject to the care, custody and control | |
| 238 | - | of The University of Connecticut Board of Trustees, or (2) on land or in | |
| 239 | - | a building situated on or abutting a golf course which is subject to the Senate Bill No. 263 | |
| 240 | - | ||
| 241 | - | Public Act No. 21-10 8 of 13 | |
| 242 | - | ||
| 243 | - | care, custody and control of an institution offering a program of higher | |
| 244 | - | learning, as defined in section 10a-34, which has been accredited by the | |
| 245 | - | Board of Regents for Higher Education or Office of Higher Education or | |
| 246 | - | otherwise is authorized to award a degree pursuant to section 10a-34. | |
| 247 | - | Sec. 3. (NEW) (Effective from passage) The holder of a cafe permit | |
| 248 | - | issued for a club or nonprofit club prior to July 1, 2021, pursuant to | |
| 249 | - | section 30-22a of the general statutes, as amended by this act, may | |
| 250 | - | continue to hold such permit until such permit becomes due for renewal | |
| 251 | - | or until such time as a replacement permit becomes available for such | |
| 252 | - | permit holder to obtain under section 1 of this act. | |
| 253 | - | Sec. 4. (Effective from passage) Notwithstanding the provisions of | |
| 254 | - | subsection (f) of section 21a-4 of the general statutes, the Commissioner | |
| 255 | - | of Consumer Protection shall refund to any prior holder of (1) a club | |
| 256 | - | permit issued pursuant to section 30-23 of the general statutes, the | |
| 257 | - | portion of the annual fee paid by such permittee in excess of three | |
| 258 | - | hundred dollars to obtain a cafe permit under section 30-22a of the | |
| 259 | - | general statutes, as amended by this act, and (2) a nonprofit club permit | |
| 260 | - | issued pursuant to section 30-23 of the general statutes, the portion of | |
| 261 | - | the annual fee paid by such permittee in excess of eight hundred fifteen | |
| 262 | - | dollars to obtain a cafe permit under section 30-22a of the general | |
| 263 | - | statutes, as amended by this act, if such excess amount was paid by such | |
| 264 | - | permittee on or after July 1, 2020, until July 1, 2021. | |
| 265 | - | Sec. 5. Section 30-23a of the general statutes is repealed and the | |
| 266 | - | following is substituted in lieu thereof (Effective from passage): | |
| 267 | - | No person shall be construed to be a guest of a member of a club | |
| 268 | - | within the intent of section [30-23] 1 of this act or of a golf country club | |
| 269 | - | within the intent of section 30-24a until such person's name and address | |
| 270 | - | has been entered in the guest book maintained for such purposes on the | |
| 271 | - | club or golf country club premises, together with the signature of the | |
| 272 | - | member and the date of introduction, provided neither the permittee Senate Bill No. 263 | |
| 273 | - | ||
| 274 | - | Public Act No. 21-10 9 of 13 | |
| 275 | - | ||
| 276 | - | nor any person employed to dispense alcoholic beverages on such | |
| 277 | - | premises, during his working hours on such premises, shall enter such | |
| 278 | - | person's name in such book. The requirement of this section (1) shall not | |
| 279 | - | apply to a member of any nationally chartered veterans' service | |
| 280 | - | organization when such member enters a club run by such organization | |
| 281 | - | that is not such member's home club, but is affiliated with the same | |
| 282 | - | organization, provided such member shall show a membership, travel | |
| 283 | - | card or similar identification as a member of such organization upon | |
| 284 | - | entry to such club, and (2) may be waived by the Department of | |
| 285 | - | Consumer Protection on special occasions upon written application. | |
| 286 | - | Sec. 6. Section 30-1 of the general statutes is repealed and the | |
| 287 | - | following is substituted in lieu thereof (Effective from passage): | |
| 288 | - | For the interpretation of this chapter and section 1 of this act, unless | |
| 289 | - | the context indicates a different meaning: | |
| 290 | - | (1) "Airline" means any United States airline carrier, holding a | |
| 291 | - | certificate of public convenience and necessity from the Civil | |
| 292 | - | Aeronautics Board under Section 401 of the Federal Aviation Act of | |
| 293 | - | 1958, as amended, or any foreign flag carrier, holding a permit under | |
| 294 | - | Section 402 of such act. | |
| 295 | - | (2) "Alcohol" means the product of distillation of any fermented | |
| 296 | - | liquid, rectified either once or more often, whatever may be the origin | |
| 297 | - | thereof, and includes synthetic ethyl alcohol which is considered | |
| 298 | - | nonpotable. | |
| 299 | - | (3) "Alcoholic liquor" or "alcoholic beverage" includes the four | |
| 300 | - | varieties of liquor defined in subdivisions (2), (5), [(16)] (18) and [(17)] | |
| 301 | - | (19) of this section (alcohol, beer, spirits and wine) and every liquid or | |
| 302 | - | solid, patented or not, containing alcohol, spirits, wine or beer and | |
| 303 | - | capable of being consumed by a human being for beverage purposes. | |
| 304 | - | Any liquid or solid containing more than one of the four varieties so Senate Bill No. 263 | |
| 305 | - | ||
| 306 | - | Public Act No. 21-10 10 of 13 | |
| 307 | - | ||
| 308 | - | defined is considered as belonging to that variety which has the higher | |
| 309 | - | percentage of alcohol, according to the following order: Alcohol, spirits, | |
| 310 | - | wine and beer, except as provided in subdivision [(20)] (19) of this | |
| 311 | - | section. The provisions of this chapter shall not apply to any liquid or | |
| 312 | - | solid containing less than one-half of one per cent of alcohol by volume. | |
| 313 | - | (4) "Backer" means, except in cases where the permittee is himself the | |
| 314 | - | proprietor, the proprietor of any business or club, incorporated or | |
| 315 | - | unincorporated, engaged in the manufacture or sale of alcoholic liquor, | |
| 316 | - | in which business a permittee is associated, whether as employee, agent | |
| 317 | - | or part owner. | |
| 318 | - | (5) "Beer" means any beverage obtained by the alcoholic fermentation | |
| 319 | - | of an infusion or decoction of barley, malt and hops in drinking water. | |
| 320 | - | (6) (A) "Case price" means the price of a container of cardboard, wood | |
| 321 | - | or other material, containing units of the same size and class of alcoholic | |
| 322 | - | liquor, and (B) a case of alcoholic liquor, other than beer, cordials, | |
| 323 | - | cocktails, wines and prepared mixed drinks, shall be in the number and | |
| 324 | - | quantity, or fewer, with the permission of the Commissioner of | |
| 325 | - | Consumer Protection, of units or bottles as follows: (i) Six one thousand | |
| 326 | - | seven hundred fifty milliliter bottles; (ii) twelve one liter bottles; (iii) | |
| 327 | - | twelve seven hundred fifty milliliter bottles; (iv) twenty-four three | |
| 328 | - | hundred seventy-five milliliter bottles; (v) forty-eight two hundred | |
| 329 | - | milliliter bottles; (vi) sixty one hundred milliliter bottles; or (vii) one | |
| 330 | - | hundred twenty fifty milliliter bottles, except a case of fifty milliliter | |
| 331 | - | bottles may be in a number and quantity as originally configured, | |
| 332 | - | packaged and sold by the manufacturer or out-of-state shipper prior to | |
| 333 | - | shipment, provided such number of bottles does not exceed two | |
| 334 | - | hundred. The commissioner shall not authorize fewer numbers or | |
| 335 | - | quantities of units or bottles as specified in this subdivision for any one | |
| 336 | - | person or entity more than eight times in any calendar year. For the | |
| 337 | - | purposes of this subdivision, "class" has the same meaning as defined in | |
| 338 | - | 27 CFR 5.22 for spirits, as defined in 27 CFR 4.21 for wine, and as defined Senate Bill No. 263 | |
| 339 | - | ||
| 340 | - | Public Act No. 21-10 11 of 13 | |
| 341 | - | ||
| 342 | - | in 27 CFR 7.24 for beer. | |
| 343 | - | (7) "Charitable organization" means any nonprofit organization | |
| 344 | - | organized for charitable purposes to which has been issued a ruling by | |
| 345 | - | the Internal Revenue Service classifying it as an exempt organization | |
| 346 | - | under Section 501(c)(3) of the Internal Revenue Code. | |
| 347 | - | (8) "Club" has the same meaning as provided in section 1 of this act. | |
| 348 | - | [(8)] (9) "Coliseum" means a coliseum, as defined in section 30-33a. | |
| 349 | - | [(9)] (10) "Commission" means the Liquor Control Commission. [and | |
| 350 | - | "department" means the Department of Consumer Protection.] | |
| 351 | - | (11) "Department" means the Department of Consumer Protection. | |
| 352 | - | [(10)] (12) "Mead" means fermented honey, with or without adjunct | |
| 353 | - | ingredients or additions, regardless of alcohol content, regardless of | |
| 354 | - | process, and regardless of being sparkling, carbonated or still. | |
| 355 | - | [(11)] (13) "Minor" means any person under twenty-one years of age. | |
| 356 | - | [(12)] (14) "Person" means natural person including partners but shall | |
| 357 | - | not include corporations, limited liability companies, joint stock | |
| 358 | - | companies or other associations of natural persons. | |
| 359 | - | [(13)] (15) "Proprietor" [shall include] includes all owners of | |
| 360 | - | businesses or clubs, included in subdivision (4) of this section, whether | |
| 361 | - | such owners are individuals, partners, joint stock companies, | |
| 362 | - | fiduciaries, stockholders of corporations or otherwise, but [shall] does | |
| 363 | - | not include persons or corporations who are merely creditors of such | |
| 364 | - | businesses or clubs, whether as note holders, bond holders, landlords or | |
| 365 | - | franchisors. | |
| 366 | - | [(14)] (16) "Dining room" means a room or rooms in premises | |
| 367 | - | operating under a hotel permit, hotel beer permit, restaurant permit, Senate Bill No. 263 | |
| 368 | - | ||
| 369 | - | Public Act No. 21-10 12 of 13 | |
| 370 | - | ||
| 371 | - | restaurant permit for beer, where meals are customarily served, within | |
| 372 | - | the room or rooms, to any member of the public who has means of | |
| 373 | - | payment and proper demeanor. | |
| 374 | - | [(15)] (17) "Restaurant" means a restaurant, as defined in section 30- | |
| 375 | - | 22. | |
| 376 | - | [(16)] (18) "Spirits" means any beverage that contains alcohol | |
| 377 | - | obtained by distillation mixed with drinkable water and other | |
| 378 | - | substances in solution, including brandy, rum, whiskey and gin. | |
| 379 | - | [(17)] (19) "Wine" means any alcoholic beverage obtained by the | |
| 380 | - | fermentation of the natural sugar content of fruits, such as grapes or | |
| 381 | - | apples or other agricultural products, containing sugar, including | |
| 382 | - | fortified wines such as port, sherry and champagne. | |
| 383 | - | [(18)] (20) "Nonprofit public television corporation" means a | |
| 384 | - | nonprofit public television corporation, as defined in section 30-37d. | |
| 385 | - | (21) "Nonprofit club" has the same meaning as provided in section 1 | |
| 386 | - | of this act. | |
| 387 | - | Sec. 7. Subsection (b) of section 30-37f of the general statutes is | |
| 388 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 389 | - | passage): | |
| 390 | - | (b) Sections 30-9 to 30-13a, inclusive, section [30-23] 1 of this act, | |
| 391 | - | subdivision (2) of subsection (b) of section 30-39, subsection (c) of section | |
| 392 | - | 30-39 and sections 30-44, 30-46, 30-48a and 30-91a shall not apply to any | |
| 393 | - | class of airport permit. | |
| 394 | - | Sec. 8. Section 30-38 of the general statutes is repealed and the | |
| 395 | - | following is substituted in lieu thereof (Effective from passage): | |
| 396 | - | Each permit granted under the provisions of section 30-16, 30-17, 30- | |
| 397 | - | 20, 30-20a, 30-21, 30-21b, 30-22, 30-22a, as amended by this act, [30-23] 1 Senate Bill No. 263 | |
| 398 | - | ||
| 399 | - | Public Act No. 21-10 13 of 13 | |
| 400 | - | ||
| 401 | - | of this act, 30-24a, 30-26, 30-28, 30-28a, 30-29, 30-33a, 30-33b, 30-36, 30- | |
| 402 | - | 37c or 30-37e, shall also, under the regulations of the Department of | |
| 403 | - | Consumer Protection, allow the storage, on the premises and at one | |
| 404 | - | other secure location registered with and approved by the department, | |
| 405 | - | of sufficient quantities of alcoholic liquor respectively allowed to be sold | |
| 406 | - | under such permits as may be necessary for the business conducted by | |
| 407 | - | the respective permittees or their backers; but no such permit shall be | |
| 408 | - | granted under the provisions of section 30-16 or 30-17 unless such | |
| 409 | - | storage facilities are provided and the place of storage receives the | |
| 410 | - | approval of the department as to suitability, and thereafter no place of | |
| 411 | - | storage shall be changed nor any new place of storage utilized without | |
| 412 | - | the approval of the department. | |
| 413 | - | Approved May 13, 2021 |