Substitute Senate Bill No. 894
Public Act No. 21-50
AN ACT CONCERNING THE MANUFACTURE, SALE AND
DISTRIBUTION OF ALCOHOL -INFUSED CONFECTIONS, THE
AUTHORIZATION OF SELF -POUR AUTOMATED SYSTEMS FOR
CERTAIN ALCOHOLIC LIQUOR, A STUDY OF EXTENDING
ALCOHOLIC LIQUOR SERVICE HOURS AND BACKERS OF
GROCERY STORE BEER PERMITS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-101 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) A food shall be deemed to be adulterated: [(a)]
(1) (A) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but, if the substance is not an
added substance, such food shall not be considered adulterated under
this clause if the quantity of such substance in such food would not
ordinarily render it injurious to health; [or (2)] (B) if it bears or contains
any added poisonous or added deleterious substance which is unsafe
within the meaning of section 21a-104, as amended by this act; [or (3)]
(C) if it consists in whole or in part of any diseased, contaminated, filthy,
putrid or decomposed substance or if it is otherwise unfit for food; [or
(4)] (D) if it has been produced, prepared, packed or held under
insanitary conditions whereby it may have become contaminated with Substitute Senate Bill No. 894
Public Act No. 21-50 2 of 10
filth, or whereby it may have been rendered diseased, unwholesome or
injurious to health; [or (5)] (E) if it is in whole or in part the product of a
diseased animal or of an animal which has died otherwise than by
slaughter or which has been fed on the uncooked offal from a
slaughterhouse; or [(6)] (F) if its container is composed in whole or in
part of any poisonous or deleterious substance which may render the
contents injurious to health; [(b) (1) if]
(2) (A) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom; [or (2)] (B) if any substance has been
substituted wholly or in part therefor; [or (3)] (C) if damage or inferiority
has been concealed in any manner; or [(4)] (D) if any substance has been
added thereto or mixed or packed therewith so as to increase its bulk or
weight, or reduce its quality or strength, or make it appear better or of
greater value than it is; [(c) if]
(3) If it bears or contains a color additive which is unsafe within the
meaning of section 21a-104, as amended by this act; [(d) if]
(4) If it is confectionery and it bears or contains any alcohol or
nonnutritive article or substance except harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of four-tenths of one per
cent, harmless natural gum or pectin; provided this [subsection]
subdivision shall not apply to any confectionery by reason of its
containing less than one-half of one per cent by volume of alcohol
derived solely from the use of flavoring extracts, or to any chewing gum
by reason of its containing harmless nonnutritive masticatory
substances, [; (e) if] or any alcohol-infused confection subject to
regulations adopted under subsection (b) of this section; and
(5) If such food is to be offered for sale at retail as a food product and
a retail or wholesale establishment has added any sulfiting agent,
including sulfur dioxide, sodium sulfite, sodium bisulfite, potassium
bisulfite, sodium metabisulfite or potassium metabisulfite, separately or Substitute Senate Bill No. 894
Public Act No. 21-50 3 of 10
in combination, to such food.
(b) The commissioner shall approve the sale of alcohol-infused
confections containing not more than one-half of one per cent of alcohol
by weight and shall adopt regulations, in accordance with the
provisions of chapter 54, regarding the manufacture, sale and
distribution of such confections.
Sec. 2. Subsection (a) of section 30-20 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) A package store permit shall allow the retail sale of alcoholic
liquor not to be consumed on the premises, such sales to be made only
in sealed bottles or other containers. The holder of a package store
permit may, in accordance with regulations adopted by the Department
of Consumer Protection pursuant to the provisions of chapter 54, offer
free samples of alcoholic liquor for tasting on the premises, conduct fee-
based wine education and tasting classes and demonstrations and
conduct tastings or demonstrations provided by a permittee or backer
of a package store for a nominal charge to charitable nonprofit
organizations. Any offering, tasting, wine education and tasting class or
demonstration held on permit premises shall be conducted only during
the hours a package store is permitted to sell alcoholic liquor under
section 30-91. No tasting of wine on the premises shall be offered from
more than ten uncorked bottles at any one time. No store operating
under a package store permit shall sell any commodity other than
alcoholic liquor except that, notwithstanding any other provision of law,
such store may sell (1) cigarettes and cigars, (2) publications, (3) bar
utensils, which shall include, but need not be limited to, corkscrews,
beverage strainers, stirrers or other similar items used to consume or
related to the consumption of alcoholic liquor, (4) gift packages of
alcoholic liquor shipped into the state by a manufacturer or out-of-state
shipper, which may include a nonalcoholic item in the gift package that Substitute Senate Bill No. 894
Public Act No. 21-50 4 of 10
may be any item, except food or tobacco products, provided the dollar
value of the nonalcoholic items does not exceed the dollar value of the
alcoholic items of the package, (5) complementary fresh fruits used in
the preparation of mixed alcoholic beverages, (6) cheese or crackers, or
both, (7) olives, (8) nonalcoholic beverages, (9) concentrates used in the
preparation of mixed alcoholic beverages, (10) beer and wine-making
kits and products related to beer and wine-making kits, (11) ice in any
form, (12) articles of clothing imprinted with advertising related to the
alcoholic liquor industry, (13) gift baskets or other containers of
alcoholic liquor, (14) multiple packages of alcoholic liquors, as defined
in subdivision (3) of section 30-1, provided in all such cases the
minimum retail selling price for such alcoholic liquor shall apply, (15)
lottery tickets authorized by the Department of Consumer Protection, if
licensed as an agent to sell such tickets by said department, (16) alcohol-
infused confections containing not more than one-half of one per cent of
alcohol by weight approved for sale by the commissioner under section
21a-101, as amended by this act, and [(16)] (17) gift baskets containing
only containers of alcoholic liquor and commodities authorized for sale
under subdivisions (1) to [(15)] (16), inclusive, of this subsection. A
package store permit shall also allow the taking and transmitting of
orders for delivery of such merchandise in other states.
Notwithstanding any other provision of law, a package store permit
shall allow the participation in any lottery ticket promotion or giveaway
sponsored by the Department of Consumer Protection. The annual fee
for a package store permit shall be five hundred thirty-five dollars.
Sec. 3. Subsection (a) of section 21a-104 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) Any poisonous or deleterious substance added to any food, except
where such substance is required in the production thereof or cannot be
avoided by good manufacturing practice, shall be deemed to be unsafe Substitute Senate Bill No. 894
Public Act No. 21-50 5 of 10
for purposes of the application of subparagraph (B) of subdivision [(2)]
(1) of subsection (a) of section 21a-101, as amended by this act, but, when
such substance is so required or cannot be so avoided, it shall be deemed
to be unsafe for purposes of the application of said subdivision unless a
tolerance for such substance has been prescribed under the federal act
and the quantity of such substance in or on the food is within the
tolerance so prescribed, or the substance has been exempted from the
requirement of a tolerance under the provisions of the federal act.
Sec. 4. Subsection (d) of section 21a-104 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(d) A color additive shall with respect to any particular use, for which
it is being used or intended to be used or represented as suitable, in or
on food or drugs or cosmetics, be deemed unsafe for the purposes of the
application of subdivision (3) of subsection [(c)] (a) of section 21a-101,
as amended by this act, subdivision (4) of subsection (a) [(4)] of section
21a-105, or subsection (e) of section 21a-111, as the case may be, unless
there is in effect, and such color additive and such use are in conformity
with, regulation as provided under the federal act, or such color additive
and such use conform to the terms of an exception under the federal act.
Sec. 5. (NEW) (Effective from passage) (a) A permittee authorized
pursuant to title 30 of the general statutes to sell alcoholic liquor for on-
premises consumption may use a self-pour automated system that,
upon activation of a payment card by the permittee, may be operated to
dispense beer, cider not exceeding six per cent alcohol by volume and
wine to the following: (1) An employee of the permittee who is
authorized by law to serve alcoholic beverages, or (2) a person whom
the permittee has verified to be twenty-one years of age or older who
displays a government-issued identification card that matches the name
on the payment card. Such verification that a person is twenty-one years
of age or older shall be recorded by the permittee or an employee of the Substitute Senate Bill No. 894
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permittee.
(b) A self-pour automated system authorized by subsection (a) of this
section shall not dispense a serving of more than (1) thirty-two ounces
of beer, (2) thirty-two ounces of cider not exceeding six per cent alcohol
by volume, or (3) ten ounces of wine, before the payment card is
reactivated by the permittee or an employee of the permittee.
Sec. 6. Section 30-6a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The Department of Consumer Protection may adopt in accordance
with the provisions of chapter 54 all necessary regulations, subject to the
provisions of subsection (c) of this section, to: (1) Carry out, enforce and
prevent violation of the provisions of this chapter, (2) inspect permit
premises, (3) ensure sanitary conditions, (4) ensure proper, safe and
orderly conduct of permit premises, and (5) protect the public against
fraud or overcharge.
(b) More specifically, with respect to part V of this chapter, the
Department of Consumer Protection may adopt in accordance with the
provisions of chapter 54 regulations that are necessary to (1) carry out
the purposes of section 30-64 and prevent the circumvention thereof by
the offering or giving of any rebate, allowance, free goods, discount or
any other thing or service of value; (2) permit the withdrawal of, an
addition to, a deletion from or an amendment of any schedule, or a
modification of prices therein, when not inconsistent with the purposes
of said section 30-64, whenever necessary to avoid practical difficulties
or unnecessary hardships to any permittee affected by said section 30-
64 or because of acts or circumstances beyond the control of such
permittee and under such terms and conditions as are necessary to carry
out the purposes of said section 30-64; (3) permit the sale by a retailer of
a brand of alcoholic liquor or wine for which a schedule of suggested
consumer resale prices has not been and cannot be filed, whenever Substitute Senate Bill No. 894
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necessary to avoid practical difficulties or unnecessary hardships to any
permittee affected by said section or because of acts or circumstances
beyond the control of such permittee, and under such terms and
conditions as are necessary to carry out the purposes of said section 30-
64; (4) subject to the provisions of section 30-63e, permit the closeout of
a brand for the purpose of discontinuing its sale, under such terms and
conditions as are necessary to carry out the purposes of said section 30-
64; (5) carry out the purposes of sections 30-68k to 30-68m, inclusive, and
section 30-76a and prevent their circumvention; (6) on verified
application, and for good cause shown, permit any adjustment or
change of any item on the schedule required to be filed under section
30-63 and said section 30-64; and (7) permit the sale at a price which is
less than cost by a supplier, wholesaler or retailer for any item of
alcoholic liquor, except beer, that is damaged or deteriorated in quality,
or, subject to the provisions of section 30-63f, permit the closeout of a
brand or size for the purpose of discontinuing its sale, under such terms
and conditions as are necessary to carry out the purposes of sections 30-
68k to 30-68m, inclusive, and section 30-76a.
(c) Not later than October 1, 2021, the Department of Consumer
Protection shall amend such regulations, in accordance with the
provisions of chapter 54, to: (1) Allow for the use of self-pour automated
systems by permittees and employees of permittees for the dispensing
of beer, cider not exceeding six per cent alcohol by volume and wine
pursuant to section 501 of this act, (2) ensure that such beer, cider and
wine is not initially dispensed from any such system in servings of more
than thirty-two ounces of beer or cider not exceeding six per cent alcohol
by volume, or ten ounces of wine, to any one person for his or her own
consumption at any one time, and (3) ensure that second and
subsequent servings of such beer, cider and wine from any such system
is allowed only after the first serving has been substantially disposed of
or consumed by such person. Substitute Senate Bill No. 894
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[(c)] (d) The department shall not adopt any regulation: (1) Requiring
prior approval of alterations or changes in the interior or exterior of
permit premises; (2) requiring prior approval for live entertainment or
the installation of amusement devices or games; (3) requiring
registration of employees or agents of permittees; (4) requiring the
presence of retail permittees on permit premises during hours of sale or
prohibiting employment of such permittees in another occupation or
business except as provided in section 30-45; (5) establishing a
mandated minimum price above which a permittee must sell; or (6)
requiring effective separation for restaurants and cafes.
Sec. 7. (Effective from passage) (a) The Liquor Control Commission
shall study the potential impact of extending alcoholic liquor service
hours at gaming and other establishments regulated pursuant to title 30
of the general statutes and located not more than fifty miles from any
border of this state.
(b) Not later than January 1, 2022, the Liquor Control Commission
shall, in accordance with the provisions of section 11-4a of the general
statutes, report its findings pursuant to the study required by subsection
(a) of this section to the joint standing committee of the General
Assembly having cognizance of matters relating to general law.
Sec. 8. Subsection (a) of section 30-48 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) No backer or permittee of one permit class shall be a backer or
permittee of any other permit class except in the case of any class of
airport, railroad, airline and boat permits, and except that: (1) A backer
of a hotel or restaurant permit may be a backer of both such classes; (2)
a holder or backer of a restaurant permit or a cafe permit may be a
holder or backer of any other or all of such classes; (3) a holder or backer
of a restaurant permit may be a holder or backer of a bowling Substitute Senate Bill No. 894
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establishment permit; (4) a backer of a restaurant permit may be a backer
of a coliseum permit or a coliseum concession permit, or both, when
such restaurant is within a coliseum; (5) a backer of a hotel permit may
be a backer of a coliseum permit or a coliseum concession permit, or
both; (6) a backer of a coliseum permit may be a backer of a coliseum
concession permit; (7) a backer of a coliseum concession permit may be
a backer of a coliseum permit; (8) a backer of a grocery store beer permit
may be (A) a backer of a package store permit if such was the case on or
before May 1, 1996, and (B) a backer of a restaurant permit, provided the
restaurant permit premises do not abut or share the same space as the
grocery store beer permit premises; (9) a backer of a university permit
may be a backer of a nonprofit theater permit; (10) a backer of a
nonprofit theater permit may be a holder or backer of a hotel permit;
(11) a holder or backer of a restaurant permit may be a holder or backer
of a special outing facility permit; (12) a backer of a concession permit
may be a backer of a coliseum permit or a coliseum concession permit,
or both; (13) a holder of an out-of-state winery shipper's permit for wine
may be a holder of an in-state transporter's permit or an out-of-state
entity wine festival permit issued pursuant to section 30-37m, or of both
such permits; (14) a holder of an out-of-state shipper's permit for
alcoholic liquor other than beer may be a holder of an in-state
transporter's permit; (15) a holder of a manufacturer permit for a farm
winery or the holder of a manufacturer permit for wine, cider and mead
may be a holder of an in-state transporter's permit, a wine festival
permit issued pursuant to section 30-37l, a farmers' market sales permit
issued pursuant to subsection (a) of section 30-37o, an off-site farm
winery sales and tasting permit issued pursuant to section 30-16a or of
any combination of such permits; (16) a holder of a manufacturer permit
for beer may be a holder of a farmers' market sales permit issued
pursuant to section 30-37o. Any person may be a permittee of more than
one permit; and (17) the holder of a manufacturer permit for spirits, a
manufacturer permit for beer, a manufacturer permit for a farm winery
or a manufacturer permit for wine, cider and mead may be a holder of Substitute Senate Bill No. 894
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a Connecticut craft cafe permit, a restaurant permit or a restaurant
permit for wine and beer. No holder of a manufacturer permit for a brew
pub and no spouse or child of such holder may be a holder or backer of
more than three restaurant permits or cafe permits.