Connecticut 2022 Regular Session

Connecticut House Bill HB05328 Compare Versions

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77 LCO No. 2216 1 of 18
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99 General Assembly Raised Bill No. 5328
1010 February Session, 2022
1111 LCO No. 2216
1212
1313
1414 Referred to Committee on GENERAL LAW
1515
1616
1717 Introduced by:
1818 (GL)
1919
2020
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2323 AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
2424 PROTECTION'S RECOMMENDATIONS REGARDING THE
2525 REGULATION OF ALCOHOLIC LIQUOR.
2626 Be it enacted by the Senate and House of Representatives in General
2727 Assembly convened:
2828
2929 Section 1. Section 30-1 of the 2022 supplement to the general statutes 1
3030 is repealed and the following is substituted in lieu thereof (Effective July 2
3131 1, 2022): 3
3232 For the [interpretation] purposes of this chapter and section 5 of this 4
3333 act, unless the context indicates a different meaning: 5
3434 (1) "Airline" means any (A) United States airline carrier [,] holding a 6
3535 certificate of public convenience and necessity from the Civil 7
3636 Aeronautics Board under Section 401 of the Federal Aviation Act of 8
3737 1958, as amended from time to time, or [any] (B) foreign flag carrier [,] 9
3838 holding a permit under Section 402 of [such] said act. 10
3939 (2) "Alcohol" (A) means the product of distillation of any fermented 11
4040 liquid [,] that is rectified [either] at least once [or more often, whatever 12
4141 may be the] and regardless of such liquid's origin, [thereof,] and (B) 13 Raised Bill No. 5328
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4343
4444
4545 LCO No. 2216 2 of 18
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4747 includes synthetic ethyl alcohol which is considered nonpotable. 14
4848 (3) ["Alcoholic liquor" or "alcoholic beverage" includes] "Alcoholic 15
4949 beverage" and "alcoholic liquor" include the four varieties of liquor 16
5050 defined in subdivisions (2), (5), [(18)] (20) and [(19)] (21) of this section 17
5151 (alcohol, beer, spirits and wine) and every liquid or solid, patented or 18
5252 [not] unpatented, containing alcohol, [spirits, wine or] beer, spirits or 19
5353 wine and at least one-half of one per cent alcohol by volume, and 20
5454 capable of being consumed by a human being [for] as a beverage. 21
5555 [purposes.] Any liquid or solid containing more than one of the four 22
5656 varieties so defined [is considered as belonging] belongs to [that] the 23
5757 variety which has the [higher] highest percentage of alcohol [,] 24
5858 according to the following order: Alcohol, spirits, wine and beer, except 25
5959 as provided in subdivision [(19)] (21) of this section. [The provisions of 26
6060 this chapter shall not apply to any liquid or solid containing less than 27
6161 one-half of one per cent of alcohol by volume.] 28
6262 (4) "Backer" means, except in cases where the permittee is [himself] 29
6363 the proprietor, the proprietor of any business or club, incorporated or 30
6464 unincorporated, that is engaged in [the manufacture or sale of] 31
6565 manufacturing or selling alcoholic liquor [,] and in which business a 32
6666 permittee is associated, whether as an agent, employee [, agent] or part 33
6767 owner. 34
6868 (5) "Beer" means any beverage obtained by the alcoholic fermentation 35
6969 of [an infusion or] a decoction or infusion of barley, hops and malt [and 36
7070 hops] in drinking water. 37
7171 (6) [(A)] "Case price" means the price of a container made of 38
7272 cardboard, wood or any other material [,] and containing units of the 39
7373 same [size and class] class and size of alcoholic liquor. [, and (B) a] A 40
7474 case of alcoholic liquor, other than beer, cocktails, cordials, [cocktails,] 41
7575 prepared mixed drinks and wines, [and prepared mixed drinks,] shall 42
7676 be in the [number and] quantity and number, or fewer, with the 43
7777 permission of the Commissioner of Consumer Protection, of bottles or 44
7878 units [or bottles] as follows: [(i) Six] (A) Six one thousand seven hundred 45 Raised Bill No. 5328
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8282 LCO No. 2216 3 of 18
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8484 fifty milliliter bottles, [; (ii)] (B) six one thousand eight hundred milliliter 46
8585 bottles, (C) twelve seven hundred milliliter bottles, (D) twelve seven 47
8686 hundred twenty milliliter bottles, (E) twelve seven hundred fifty 48
8787 milliliter bottles, (F) twelve nine hundred milliliter bottles, (G) twelve 49
8888 one liter bottles, [; (iii) twelve seven hundred fifty milliliter bottles; (iv)] 50
8989 (H) twenty-four three hundred seventy-five milliliter bottles, [; (v)] (I) 51
9090 forty-eight two hundred milliliter bottles, [; (vi)] (J) sixty one hundred 52
9191 milliliter bottles, [;] or [(vii)] (K) one hundred twenty fifty milliliter 53
9292 bottles, except a case of fifty milliliter bottles may be in a [number and] 54
9393 quantity and number as originally configured, packaged and sold by the 55
9494 manufacturer or out-of-state shipper prior to shipment [, provided such] 56
9595 if the number of such bottles [does not exceed] in such case is not greater 57
9696 than two hundred. The commissioner shall not authorize fewer 58
9797 quantities or numbers [or quantities of units or] of bottles or units as 59
9898 specified in this subdivision for any one person or entity more than eight 60
9999 times in any calendar year. For the purposes of this subdivision, "class" 61
100100 has the same meaning as [defined in] provided in 27 CFR 4.21 for wine, 62
101101 27 CFR 5.22 for spirits [, as defined in 27 CFR 4.21 for wine, and as 63
102102 defined in] and 27 CFR 7.24 for beer. 64
103103 (7) "Charitable organization" means any nonprofit organization that 65
104104 (A) is organized for charitable purposes, [to which has been issued] and 66
105105 (B) has received a ruling [by] from the Internal Revenue Service 67
106106 classifying [it] such nonprofit organization as an exempt organization 68
107107 under Section 501(c)(3) of the Internal Revenue Code of 1986, or any 69
108108 subsequent corresponding internal revenue code of the United States, 70
109109 as amended from time to time. 71
110110 (8) "Club" has the same meaning as provided in section 30-22aa. 72
111111 (9) "Coliseum" [means a coliseum, as defined] has the same meaning 73
112112 as provided in section 30-33a. 74
113113 (10) "Commission" means the Liquor Control Commission 75
114114 established under this chapter. 76
115115 (11) "Department" means the Department of Consumer Protection. 77 Raised Bill No. 5328
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117117
118118
119119 LCO No. 2216 4 of 18
120120
121121 (12) "Dining room" means any room or rooms (A) located in premises 78
122122 operating under (i) a hotel permit issued under section 30-21, (ii) a 79
123123 restaurant permit issued under subsection (a) of section 30-22, (iii) a 80
124124 restaurant permit for wine and beer issued under subsection (b) of 81
125125 section 30-22, or (iv) a cafe permit issued under section 30-22a, as 82
126126 amended by this act, and (B) where meals are customarily served to any 83
127127 member of the public who has means of payment and a proper 84
128128 demeanor. 85
129129 [(12)] (13) "Mead" means fermented honey [,] (A) with or without 86
130130 additions or adjunct ingredients, [or additions,] and (B) regardless of (i) 87
131131 alcohol content, [regardless of] (ii) process, and [regardless of being] (iii) 88
132132 whether such honey is carbonated, sparkling [, carbonated] or still. 89
133133 [(13)] (14) "Minor" means any person [under] who is younger than 90
134134 twenty-one years of age. 91
135135 (15) "Nonprofit club" has the same meaning as provided in section 92
136136 30-22aa. 93
137137 (16) "Nonprofit public television corporation" has the same meaning 94
138138 as provided in section 30-37d. 95
139139 [(14)] (17) (A) "Person" means [natural person] an individual, 96
140140 including, [partners but shall not include corporations, limited liability 97
141141 companies, joint stock companies or other associations of natural 98
142142 persons] but not limited to, a partner. 99
143143 (B) "Person" does not include a corporation, joint stock company, 100
144144 limited liability company or other association of individuals. 101
145145 [(15)] (18) (A) "Proprietor" includes all owners of [businesses or clubs, 102
146146 included in subdivision (4) of this section] a business or club, 103
147147 incorporated or unincorporated, that is engaged in manufacturing or 104
148148 selling alcoholic liquor, whether such owners are [individuals, partners, 105
149149 joint stock companies, fiduciaries,] persons, fiduciaries, joint stock 106
150150 companies, stockholders of corporations or otherwise. [, but] 107 Raised Bill No. 5328
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154154 LCO No. 2216 5 of 18
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156156 (B) "Proprietor" does not include [persons or corporations] any 108
157157 person who, [are] or corporation that, is merely [creditors of such 109
158158 businesses or clubs, whether as note holders, bond holders, landlords or 110
159159 franchisors] a creditor, whether as a bond holder, franchisor, landlord 111
160160 or note holder, of a business or club, incorporated or unincorporated, 112
161161 that is engaged in manufacturing or selling alcoholic liquor. 113
162162 [(16) "Dining room" means a room or rooms in premises operating 114
163163 under a hotel permit, hotel beer permit, restaurant permit, restaurant 115
164164 permit for beer or wine or cafe permit, where meals are customarily 116
165165 served, within the room or rooms, to any member of the public who has 117
166166 means of payment and proper demeanor.] 118
167167 [(17)] (19) "Restaurant" [means a restaurant, as defined] has the same 119
168168 meaning as provided in section 30-22. 120
169169 [(18)] (20) "Spirits" means any beverage that contains alcohol 121
170170 obtained by distillation mixed with drinkable water and other 122
171171 substances in solution, including brandy, rum, whiskey and gin. 123
172172 [(19)] (21) "Wine" means any alcoholic beverage obtained by [the 124
173173 fermentation of] fermenting the natural sugar content of fruits, such as 125
174174 apples, grapes [or apples] or other agricultural products, containing 126
175175 such sugar, including fortified wines such as port, sherry and 127
176176 champagne. 128
177177 [(20) "Nonprofit public television corporation" means a nonprofit 129
178178 public television corporation, as defined in section 30-37d. 130
179179 (21) "Nonprofit club" has the same meaning as provided in section 131
180180 30-22aa.] 132
181181 Sec. 2. Subsection (a) of section 21a-79 of the general statutes is 133
182182 repealed and the following is substituted in lieu thereof (Effective July 1, 134
183183 2022): 135
184184 (a) For the purposes of this section: (1) ["consumer commodity"] 136
185185 "Consumer commodity" and "unit of a consumer commodity" have the 137 Raised Bill No. 5328
186186
187187
188188
189189 LCO No. 2216 6 of 18
190190
191191 same [meaning] meanings as provided in section 21a-73, except that 138
192192 consumer commodity does not include alcoholic liquor, as defined in 139
193193 [subdivision (3) of] section 30-1, as amended by this act, or a carbonated 140
194194 soft drink container; (2) "carbonated soft drink container" means an 141
195195 individual, separate, sealed glass, metal or plastic bottle, can, jar or 142
196196 carton containing a carbonated liquid soft drink sold separately or in 143
197197 packages of not more than twenty-four individual containers; (3) 144
198198 "universal product coding" means any system of coding that entails 145
199199 electronic pricing; (4) [an electronic shelf labeling system is an] 146
200200 "electronic shelf labeling system" means any electronic system that (A) 147
201201 utilizes an electronic device attached to the shelf or at any other point of 148
202202 sale, immediately below or above [the item] a consumer commodity, 149
203203 that conspicuously and clearly displays to the consumer the unit price 150
204204 and [the] price of [the] such consumer commodity, [. Such electronic 151
205205 shelf labeling system] and (B) reads the exact same data as the electronic 152
206206 cash register scanning system; and (5) [an electronic pricing system is a] 153
207207 "electronic pricing system" means any system that utilizes the universal 154
208208 product coding bar code, by means of a scanner and in combination with 155
209209 the cash register, to record and total a customer's purchases. 156
210210 Sec. 3. Subsection (a) of section 21a-79b of the general statutes is 157
211211 repealed and the following is substituted in lieu thereof (Effective July 1, 158
212212 2022): 159
213213 (a) For the purposes of this section "consumer commodity" has the 160
214214 same meaning as provided in section 21a-73, except that "consumer 161
215215 commodity" does not include alcoholic liquor, as defined in 162
216216 [subdivision (3) of] section 30-1, as amended by this act, or a [carbonated 163
217217 soft drink container] carbonated soft drink container, as defined in 164
218218 section 21a-79, as amended by this act. 165
219219 Sec. 4. Section 30-51a of the general statutes is repealed and the 166
220220 following is substituted in lieu thereof (Effective July 1, 2022): 167
221221 Notwithstanding the provisions of subdivision (6) of section 30-47 168
222222 and section 30-51, a permittee of premises operating under a grocery 169 Raised Bill No. 5328
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226226 LCO No. 2216 7 of 18
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228228 store beer permit issued under subsection (c) of section 30-20, as 170
229229 amended by this act, may lease up to fifty per cent of the total square 171
230230 footage of the premises to any person for lawful purposes. The 172
231231 Department of Consumer Protection shall not issue a permit allowing 173
232232 the sale or consumption of alcoholic liquor on any such leased premises, 174
233233 and the sale or consumption of alcoholic liquor [, as defined in 175
234234 subdivision (3) of section 30-1,] shall be unlawful on any such leased 176
235235 premises. 177
236236 Sec. 5. (NEW) (Effective July 1, 2022) (a) For the purposes of this 178
237237 section: 179
238238 (1) "Religious organization" means (A) any religious corporation, 180
239239 society or organization that is formed or recognized under chapter 598 181
240240 of the general statutes, or (B) any religious organization that is eligible 182
241241 for an exemption under section 12-412 of the general statutes; and 183
242242 (2) "Sacramental wine" means any wine that is (A) exclusively used 184
243243 for religious or sacramental purposes, and (B) exempt from taxation 185
244244 under regulations adopted by the Commissioner of Revenue Services 186
245245 pursuant to section 12-449 of the general statutes. 187
246246 (b) A religious wine retailer permit shall allow the holder of such 188
247247 permit to import and sell, at retail, sacramental wine to religious 189
248248 organizations. Such sacramental wine shall not be consumed on the 190
249249 permit premises and any sale of such sacramental wine shall only take 191
250250 place during the hours a religious wine retailer may sell alcoholic liquor 192
251251 under subsection (d) of section 30-91 of the general statutes, as amended 193
252252 by this act. The holder of a religious wine retailer permit issued under 194
253253 this section shall operate at least one retail location in this state, be 195
254254 primarily engaged in the business of selling religious supplies that do 196
255255 not contain alcohol and not hold any other permit issued under chapter 197
256256 545 of the general statutes. The annual fee for a religious wine retailer 198
257257 permit issued under this section shall be two hundred fifty dollars. 199
258258 (c) The holder of a religious wine retailer permit issued under this 200
259259 section may purchase sacramental wine directly from a manufacturer, 201 Raised Bill No. 5328
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263263 LCO No. 2216 8 of 18
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265265 out-of-state shipper or wholesaler. All shipments of sacramental wine 202
266266 to the holder of a religious wine retailer permit issued under this section 203
267267 shall be conspicuously labeled "for sacramental or religious purposes 204
268268 only". If the holder of a religious wine retailer permit issued under this 205
269269 section imports into this state a supply of any brand of sacramental wine 206
270270 directly from a manufacturer or out-of-state shipper, such brand need 207
271271 not comply with the provisions of sections 30-63 and 30-64 of the general 208
272272 statutes for such directly imported supply. 209
273273 Sec. 6. Subsection (d) of section 30-91 of the 2022 supplement to the 210
274274 general statutes is repealed and the following is substituted in lieu 211
275275 thereof (Effective July 1, 2022): 212
276276 (d) The sale or dispensing of alcoholic liquor for off-premises 213
277277 consumption in places operating under package store permits [, drug 214
278278 store] issued under subsection (b) of section 30-20, as amended by this 215
279279 act, druggist permits issued under section 30-36, manufacturer permits 216
280280 for beer [or] issued under subsection (b) of section 30-16, grocery store 217
281281 beer permits issued under subsection (c) of section 30-20, as amended 218
282282 by this act, or religious wine retailer permits issued under section 5 of 219
283283 this act shall be unlawful on Thanksgiving Day, New Year's Day and 220
284284 Christmas; and such sale or dispensing of alcoholic liquor for off-221
285285 premises consumption in places operating under package store permits, 222
286286 [drug store] druggist permits, manufacturer permits for beer, [and] 223
287287 grocery store beer permits and religious wine retailer permits shall be 224
288288 unlawful on Sunday before ten o'clock a.m. and after six o'clock p.m. 225
289289 and on any other day before eight o'clock a.m. and after ten o'clock p.m. 226
290290 Any town may, by a vote of a town meeting or by ordinance, reduce the 227
291291 number of hours during which such sale shall be permissible. 228
292292 Sec. 7. Subsections (a) to (c), inclusive, of section 30-19f of the 2022 229
293293 supplement to the general statutes are repealed and the following is 230
294294 substituted in lieu thereof (Effective July 1, 2022): 231
295295 (a) An in-state transporter's permit for alcoholic liquor shall allow the 232
296296 commercial transportation of any alcoholic liquor and, with the 233 Raised Bill No. 5328
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300300 LCO No. 2216 9 of 18
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302302 approval of the [department, the sale or provision] Department of 234
303303 Consumer Protection, the provision or sale of alcoholic liquor for 235
304304 consumption in a boat engaged in the transportation of passengers for 236
305305 hire [and in] or a motor vehicle in livery service, as permitted by law. 237
306306 One permit shall cover all such boats [and] or vehicles that are under 238
307307 common control, direction, management or ownership. When applying 239
308308 for such approval, the owner of any such boat [and] or vehicle in which 240
309309 the sale or consumption of alcoholic liquor will be available shall 241
310310 specifically identify to the department each such boat [and] or vehicle. 242
311311 [to the department.] The annual fee for an in-state transporter's liquor 243
312312 permit shall be one thousand two hundred fifty dollars for the first boat 244
313313 or vehicle and [there shall be] an additional annual fee of two hundred 245
314314 dollars for each additional boat or vehicle. 246
315315 (b) No person, corporation, [trust, partnership, incorporated or 247
316316 unincorporated association, and any] incorporated or unincorporated 248
317317 association, partnership, trust or other legal entity except [: (1) The] the 249
318318 holder of an out-of-state shipper's permit issued [pursuant to] under 250
319319 section 30-18 or 30-19, [; (2) the holder of] a manufacturer's permit issued 251
320320 [pursuant to] under section 30-16, other than [the holder of] a 252
321321 manufacturer permit for a farm winery or a manufacturer permit for 253
322322 wine, cider and mead, [; and (3) the holder of] or a wholesaler's permit 254
323323 issued [pursuant to] under section 30-17, shall transport any alcoholic 255
324324 beverages imported into this state unless such person: [holds] (1) Holds 256
325325 an in-state transporter's permit; [and] (2) the tax imposed on such 257
326326 alcoholic liquor [by] under section 12-435 has been paid; and [,] (3) if 258
327327 applicable, the tax imposed on the sale of such alcoholic liquor 259
328328 [pursuant to] under chapter 219 has been paid. 260
329329 (c) An in-state transporter, when [shipping or] delivering or shipping 261
330330 directly to a consumer in this state wine, cider or mead, [directly to a 262
331331 consumer in this state,] shall: (1) Ensure that the shipping labels on all 263
332332 containers of such products shipped directly to a consumer in this state 264
333333 conspicuously state the following: "CONTAINS ALCOHOL —265
334334 SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 266
335335 DELIVERY"; (2) obtain the signature of a person [age twenty-one or 267 Raised Bill No. 5328
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337337
338338
339339 LCO No. 2216 10 of 18
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341341 older] who is at least twenty-one years of age at the address prior to 268
342342 delivery, after requiring the signer to demonstrate that [he or she is age 269
343343 twenty-one or older] the signer is at least twenty-one years of age by 270
344344 providing a valid motor vehicle operator's license or a valid identity 271
345345 card described in section 1-1h; and (3) not ship to any address in the 272
346346 state where the sale of alcoholic liquor is prohibited by local option 273
347347 pursuant to section 30-9. 274
348348 Sec. 8. Section 30-20 of the 2022 supplement to the general statutes is 275
349349 repealed and the following is substituted in lieu thereof (Effective from 276
350350 passage): 277
351351 (a) For the purposes of this section, "grocery store" (1) means any 278
352352 store that (A) is commonly known as a delicatessen, food store, grocery 279
353353 store or supermarket, and (B) is primarily engaged in the retail sale of 280
354354 various canned goods and dry goods such as coffee, flour, spices, sugar 281
355355 and tea, whether packaged or in bulk, regardless of whether such store 282
356356 sells fresh fruits and vegetables or fresh, prepared or smoked fish, meat 283
357357 and poultry; and (2) does not include any store that is primarily engaged 284
358358 in the retail sale of bakery products, candy, nuts and confectioneries, 285
359359 dairy products, eggs and poultry, fruits and vegetables or seafood. 286
360360 [(a)] (b) (1) A package store permit shall allow the retail sale of 287
361361 alcoholic liquor in sealed bottles or containers not to be consumed on 288
362362 the permit premises. [, such sales to be made only in sealed bottles or 289
363363 other containers.] The holder of a package store permit may, in 290
364364 accordance with regulations adopted by the Department of Consumer 291
365365 Protection pursuant to the provisions of chapter 54, (A) offer free 292
366366 samples of alcoholic liquor for tasting on the permit premises, (B) 293
367367 conduct fee-based wine education and tasting classes and 294
368368 demonstrations, and (C) conduct tastings or demonstrations provided 295
369369 by a permittee or backer of [a] the package store for a nominal charge to 296
370370 charitable nonprofit organizations. Any offering, tasting, wine 297
371371 education and tasting class or demonstration held on permit premises 298
372372 shall be conducted only during the hours [a] the package store [is 299
373373 permitted to] may sell alcoholic liquor under section 30-91, as amended 300 Raised Bill No. 5328
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375375
376376
377377 LCO No. 2216 11 of 18
378378
379379 by this act. No tasting of wine on the permit premises shall be offered 301
380380 from more than ten uncorked bottles at any one time. 302
381381 (2) No store operating under a package store permit shall sell any 303
382382 commodity other than alcoholic liquor except, [that,] notwithstanding 304
383383 any other provision of law, such store may sell [(1)] (A) cigarettes and 305
384384 cigars, [(2)] (B) publications, [(3)] (C) bar utensils, [which shall include, 306
385385 but need not be] including, but not limited to, corkscrews, beverage 307
386386 strainers, stirrers or other similar items used to consume, or related to 308
387387 the consumption of, alcoholic liquor, [(4)] (D) gift packages of alcoholic 309
388388 liquor shipped into the state by a manufacturer or out-of-state shipper, 310
389389 which gift packages may include [a] nonalcoholic [item in the gift 311
390390 package that may be any item, except food or tobacco products, 312
391391 provided the] items, other than food or tobacco products, if the dollar 313
392392 value of the nonalcoholic items in such gift package does not exceed the 314
393393 dollar value of the alcoholic items [of the] in such gift package, [(5)] (E) 315
394394 complementary fresh fruits used in the preparation of mixed alcoholic 316
395395 beverages, [(6)] (F) cheese, [or] crackers [,] or both, [(7)] (G) olives, [(8)] 317
396396 (H) nonalcoholic beverages, [(9)] (I) concentrates used in the preparation 318
397397 of mixed alcoholic beverages, [(10)] (J) beer and wine-making kits and 319
398398 products related to [beer and wine-making] such kits, [(11)] (K) ice in 320
399399 any form, [(12)] (L) articles of clothing imprinted with advertising 321
400400 related to the alcoholic liquor industry, [(13)] (M) gift baskets or other 322
401401 containers of alcoholic liquor, [(14)] (N) multiple packages of alcoholic 323
402402 liquors, [as defined in subdivision (3) of section 30-1,] provided in all 324
403403 such cases the minimum retail selling price for such alcoholic liquor 325
404404 shall apply, [(15)] (O) lottery tickets authorized by the Department of 326
405405 Consumer Protection, if licensed as an agent to sell such tickets by [said] 327
406406 the department, [(16)] (P) devices and related accessories designed 328
407407 primarily for accessing and extracting a beverage containing alcohol 329
408408 from prepackaged containers, including, but not limited to, pods, 330
409409 pouches or similar containers, but excluding devices, including, but not 331
410410 limited to, household blenders, that are not designed primarily for such 332
411411 purposes, [including, but not limited to, household blenders, (17)] (Q) 333
412412 alcohol-infused confections containing not more than one-half of one 334 Raised Bill No. 5328
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414414
415415
416416 LCO No. 2216 12 of 18
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418418 per cent of alcohol by weight and which the commissioner has approved 335
419419 for sale [by the commissioner] under section 21a-101, and [(18)] (R) gift 336
420420 baskets containing only containers of alcoholic liquor and commodities 337
421421 authorized for sale under [subdivisions (1) to (17), inclusive, of this 338
422422 subsection] subparagraphs (A) to (Q), inclusive, of this subdivision. A 339
423423 package store permit shall also allow the taking and transmitting of 340
424424 orders for delivery of such merchandise in other states. 341
425425 Notwithstanding any other provision of law, a package store permit 342
426426 shall allow the participation in any lottery ticket promotion or giveaway 343
427427 sponsored by the [Department of Consumer Protection] department. 344
428428 The annual fee for a package store permit shall be five hundred thirty-345
429429 five dollars. 346
430430 [(b)] (c) A grocery store beer permit may be granted to any grocery 347
431431 store and shall allow the retail sale of beer in standard size containers 348
432432 not to be consumed on the permit premises. [A] The holder of a grocery 349
433433 store beer permit shall post, in a prominent location adjacent to the beer 350
434434 display, the retail price for each brand of beer and [said] such retail price 351
435435 shall include all applicable federal and state taxes including, but not 352
436436 limited to, the applicable state sales taxes. The annual fee for a grocery 353
437437 store beer permit shall be one hundred seventy dollars, [. For a] or, for a 354
438438 grocery store that has annual sales of food and grocery items of [not less 355
439439 than] at least two million dollars, [the annual fee for a grocery store beer 356
440440 permit shall be] one thousand five hundred dollars. 357
441441 [(c) "Grocery store" means any store commonly known as a 358
442442 supermarket, food store, grocery store or delicatessen, primarily 359
443443 engaged in the retail sale of all sorts of canned goods and dry goods 360
444444 such as tea, coffee, spices, sugar and flour, either packaged or in bulk, 361
445445 with or without fresh fruits and vegetables, and with or without fresh, 362
446446 smoked and prepared meats, fish and poultry, except that no store 363
447447 primarily engaged in the retail sale of seafood, fruits and vegetables, 364
448448 candy, nuts and confectioneries, dairy products, bakery products or 365
449449 eggs and poultry shall be included in the definition of "grocery store".] 366
450450 (d) The holder of a package store permit or a grocery store beer 367 Raised Bill No. 5328
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452452
453453
454454 LCO No. 2216 13 of 18
455455
456456 permit issued under this section may allow curbside pick-up of 368
457457 previously purchased alcoholic liquor by (1) the consumer who 369
458458 purchased such alcoholic liquor, or (2) the holder of an in-state 370
459459 transporter's permit issued under section 30-19f, as amended by this act, 371
460460 or such holder's agent. Such curbside pick-up shall be limited to the 372
461461 space immediately adjacent to, or in a parking lot abutting, the permit 373
462462 premises. The holder of such package store permit or grocery store beer 374
463463 permit may allow such curbside pick-up only during the hours the 375
464464 package store or grocery store is allowed to sell alcoholic liquor under 376
465465 subsection (d) of section 30-91, as amended by this act, unless a more 377
466466 restrictive municipal ordinance limits such curbside pick-up hours. 378
467467 Sec. 9. Section 30-46 of the 2022 supplement to the general statutes is 379
468468 repealed and the following is substituted in lieu thereof (Effective from 380
469469 passage): 381
470470 (a) The Department of Consumer Protection may, except as to a store 382
471471 engaged chiefly in the sale of groceries, in its discretion, suspend, revoke 383
472472 or refuse to grant or renew a permit for the sale of alcoholic liquor if [it] 384
473473 the department has reasonable cause to believe [:] that (1) [That] the 385
474474 proximity of the permit premises [will have a detrimental effect upon 386
475475 any church] to any charitable institution supported by private or public 387
476476 funds, church, convent, hospital, public or parochial school, [convent, 388
477477 charitable institution, whether supported by private or public funds, 389
478478 hospital] or veterans' home, or any [camp,] barracks, camp or flying 390
479479 field of the armed forces, [; (2) that such location] will detrimentally 391
480480 impact such institution, church, convent, hospital, school, home, 392
481481 barracks, camp or field, (2) the permit premises is in such proximity to 393
482482 a no-permit town so that it is apparent that the applicant is seeking to 394
483483 obtain the patronage of [such] persons in such town, [;] (3) [that] the 395
484484 number of permit premises in the locality is such that [the] granting [of 396
485485 a] a permit is detrimental to the public interest, and, in reaching a 397
486486 conclusion in this respect, the department may consider the character 398
487487 and population of, [the population of,] and the number of like permits 399
488488 and [number of] all permits existent in, the particular town and the 400
489489 immediate neighborhood concerned [,] and the effect which a new 401 Raised Bill No. 5328
490490
491491
492492
493493 LCO No. 2216 14 of 18
494494
495495 permit may have on such town or neighborhood or on like permits 402
496496 existent in such town or neighborhood, [;] (4) [that] the place has been 403
497497 conducted as a lewd or disorderly establishment, [;] (5) [that] the backer 404
498498 does not have a right to occupy the permit premises, [;] (6) [that] drive-405
499499 up sales of alcoholic liquor, other than curbside pick-up allowed under 406
500500 subsection (d) of section 30-20, as amended by this act, are being made 407
501501 at the permit premises, [;] or (7) [that] there is any other reason as 408
502502 provided by state or federal law or regulation which warrants such 409
503503 refusal. 410
504504 (b) (1) The existence of a coliseum permit issued under section 30-33a 411
505505 shall not be a factor to be taken into consideration under subdivision (3) 412
506506 of subsection (a) of this section. 413
507507 (2) The provisions of subdivisions (1), (2) and (3) of subsection (a) of 414
508508 this section shall not apply to [the granting] issuance of a coliseum 415
509509 permit under section 30-33a. 416
510510 Sec. 10. Subsection (c) of section 30-74 of the general statutes is 417
511511 repealed and the following is substituted in lieu thereof (Effective from 418
512512 passage): 419
513513 (c) No permittee or backer who is authorized under this chapter to 420
514514 sell alcoholic liquor at retail for consumption off the permit premises, 421
515515 and no agent or employee of such permittee or backer, may sell or 422
516516 deliver such alcoholic liquor from a drive-up window or similar exterior 423
517517 wall opening except as part of a curbside pick-up authorized under 424
518518 subsection (d) of section 30-20, as amended by this act. 425
519519 Sec. 11. Subsection (d) of section 30-22a of the 2022 supplement to the 426
520520 general statutes is repealed and the following is substituted in lieu 427
521521 thereof (Effective July 1, 2022): 428
522522 (d) For purposes of compliance with this section, "cafe" [shall include] 429
523523 includes any location in [the Bradley International Airport] a passenger 430
524524 terminal complex of any airport, as defined in section 15-34, or any 431
525525 location adjacent to and attached by common partition to [said] such 432 Raised Bill No. 5328
526526
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529529 LCO No. 2216 15 of 18
530530
531531 complex, which is open to the public [and] or to airline club members or 433
532532 their guests, with or without the sale of food, for consumption on the 434
533533 premises. 435
534534 Sec. 12. Section 30-35b of the 2022 supplement to the general statutes 436
535535 is repealed and the following is substituted in lieu thereof (Effective July 437
536536 1, 2022): 438
537537 [A ninety-day provisional permit shall allow the retail sale or 439
538538 manufacture of alcoholic liquor by any] The Department of Consumer 440
539539 Protection or Liquor Control Commission may, in the department's or 441
540540 commission's discretion, issue to any applicant, who makes a sworn 442
541541 application for a liquor permit under section 30-39 and such applicant's 443
542542 backer, if any, a ninety-day provisional permit allowing such applicant 444
543543 and [his or her backer, if any, who has made application for a liquor 445
544544 permit pursuant to section 30-39 and may be issued at the discretion of 446
545545 the Liquor Control Commission or the Department of Consumer 447
546546 Protection] backer to manufacture or sell, at retail, alcoholic liquor. If 448
547547 such applicant or [such applicant's backer, if any,] backer causes any 449
548548 delay in the investigation conducted by the [Department of Consumer 450
549549 Protection] department pursuant to [said] section 30-39, [the] such 451
550550 ninety-day provisional permit shall immediately cease to be effective. 452
551551 [immediately. Only] The department or commission shall issue only one 453
552552 [such] ninety-day provisional permit [shall be issued] to any such 454
553553 applicant and [his or her] applicant's backer [, if any,] for each location 455
554554 of the club or place of business which is to be operated under such 456
555555 permit. [and such] Such ninety-day provisional permit shall be 457
556556 nonrenewable, but may be extended due to delays not caused by the 458
557557 applicant. [Such] The department or commission shall not extend such 459
558558 permit [shall not be extended] beyond one year from the filing date, as 460
559559 defined in section 30-39. The nonrefundable fee for such ninety-day 461
560560 provisional permit shall be five hundred dollars. 462
561561 Sec. 13. Subsection (a) of section 30-48 of the 2022 supplement to the 463
562562 general statutes is repealed and the following is substituted in lieu 464
563563 thereof (Effective July 1, 2022): 465 Raised Bill No. 5328
564564
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567567 LCO No. 2216 16 of 18
568568
569569 (a) No backer or permittee of one permit class shall be a backer or 466
570570 permittee of any other permit class except in the case of cafe permits 467
571571 issued [pursuant to] under subsection (d), (j) or (k) of section 30-22a, as 468
572572 amended by this act, and except that: (1) A backer of a hotel permit 469
573573 issued under section 30-21 or a restaurant permit issued under section 470
574574 30-22 may be a backer of both such classes; (2) a holder or backer of a 471
575575 restaurant permit issued under section 30-22 or a cafe permit issued 472
576576 [pursuant to] under subsection (a) of section 30-22a, as amended by this 473
577577 act, may be a holder or backer of any other or all of such classes; (3) a 474
578578 holder or backer of a restaurant permit issued under section 30-22 may 475
579579 be a holder or backer of a cafe permit issued [pursuant to] under 476
580580 subsection (f) of section 30-22a, as amended by this act; (4) a backer of a 477
581581 restaurant permit issued under section 30-22 may be a backer of a 478
582582 coliseum permit issued under section 30-33a when such restaurant is 479
583583 within a coliseum; (5) a backer of a hotel permit issued under section 30-480
584584 21 may be a backer of a coliseum permit issued under section 30-33a; (6) 481
585585 a backer of a grocery store beer permit issued under subsection (c) of 482
586586 section 30-20, as amended by this act, may be (A) a backer of a package 483
587587 store permit issued under subsection (b) of section 30-20, as amended 484
588588 by this act, if such was the case on or before May 1, 1996, and (B) a backer 485
589589 of a restaurant permit issued under section 30-22, provided the 486
590590 restaurant permit premises do not abut or share the same space as the 487
591591 grocery store beer permit premises; (7) a backer of a cafe permit issued 488
592592 [pursuant to] under subsection (m) of section 30-22a, as amended by this 489
593593 act, may be a backer of a nonprofit theater permit issued under section 490
594594 30-35a; (8) a backer of a nonprofit theater permit issued under section 491
595595 30-35a may be a holder or backer of a hotel permit issued under section 492
596596 30-21 or a coliseum permit issued under section 30-33a; (9) a backer of a 493
597597 concession permit issued under section 30-33 may be a backer of a 494
598598 coliseum permit issued under section 30-33a; (10) a holder of an out-of-495
599599 state winery shipper's permit for wine issued under section 30-18a may 496
600600 be a holder of an in-state transporter's permit issued under section 30-497
601601 19f, as amended by this act, or an out-of-state entity wine festival permit 498
602602 issued [pursuant to] under section 30-37m, or of both such permits; (11) 499
603603 a holder of an out-of-state shipper's permit for alcoholic liquor [other 500 Raised Bill No. 5328
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608608
609609 than beer] issued under section 30-18 or an out-of-state winery shipper's 501
610610 permit for wine issued under section 30-18a may be a holder of an in-502
611611 state transporter's permit issued under section 30-19f, as amended by 503
612612 this act; (12) a holder of a manufacturer permit for a farm winery issued 504
613613 under subsection (c) of section 30-16 or [the holder of] a manufacturer 505
614614 permit for wine, cider and mead issued under subsection (d) of section 506
615615 30-16 may be a holder of an in-state transporter's permit issued under 507
616616 section 30-19f, as amended by this act, a wine festival permit issued 508
617617 [pursuant to] under section 30-37l, a farmers' market sales permit issued 509
618618 [pursuant to] under subsection (a) of section 30-37o, an off-site farm 510
619619 winery sales and tasting permit issued [pursuant to] under section 30-511
620620 16a or [of] any combination of such permits; (13) a holder of a 512
621621 manufacturer permit for beer issued under subsection (b) of section 30-513
622622 16 may be a holder of a farmers' market sales permit issued [pursuant 514
623623 to] under subsection (a) of section 30-37o; (14) the holder of a 515
624624 manufacturer permit for spirits, [a manufacturer permit for] beer, [a 516
625625 manufacturer permit for] a farm winery [or a manufacturer permit] or 517
626626 [for] wine, cider and mead, issued under subsection (a), (b), (c) or (d), 518
627627 respectively, of section 30-16, may be a holder of a Connecticut craft cafe 519
628628 permit issued under section 30-22d, a restaurant permit or a restaurant 520
629629 permit for wine and beer issued under section 30-22; and (15) the holder 521
630630 of a restaurant permit issued under section 30-22, [or] a cafe permit 522
631631 issued under section 30-22a, as amended by this act, or an in-state 523
632632 transporter's permit issued under section 30-19f, as amended by this act, 524
633633 may be the holder of a seasonal outdoor open-air permit issued 525
634634 [pursuant to] under section 30-22e. Any person may be a permittee of 526
635635 more than one permit. No holder of a manufacturer permit for [a brew 527
636636 pub] beer issued under subsection (b) of section 30-16, and no spouse or 528
637637 child of such holder, may be a holder or backer of more than three 529
638638 restaurant permits issued under section 30-22 or cafe permits issued 530
639639 under section 30-22a, as amended by this act. 531
640640 This act shall take effect as follows and shall amend the following
641641 sections:
642642
643643 Section 1 July 1, 2022 30-1 Raised Bill No. 5328
644644
645645
646646
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648648
649649 Sec. 2 July 1, 2022 21a-79(a)
650650 Sec. 3 July 1, 2022 21a-79b(a)
651651 Sec. 4 July 1, 2022 30-51a
652652 Sec. 5 July 1, 2022 New section
653653 Sec. 6 July 1, 2022 30-91(d)
654654 Sec. 7 July 1, 2022 30-19f(a) to (c)
655655 Sec. 8 from passage 30-20
656656 Sec. 9 from passage 30-46
657657 Sec. 10 from passage 30-74(c)
658658 Sec. 11 July 1, 2022 30-22a(d)
659659 Sec. 12 July 1, 2022 30-35b
660660 Sec. 13 July 1, 2022 30-48(a)
661661
662662 Statement of Purpose:
663663 To: (1) Redefine "case price" to include additional quantities and
664664 numbers of bottles and units; (2) authorize religious wine retailer
665665 permits; (3) provide that one in-state transporter's permit for alcoholic
666666 liquor covers all boats engaged in the transportation of passengers for
667667 hire or motor vehicles in livery service that are under common control,
668668 direction or ownership; (4) allow the holder of a package store permit or
669669 grocery store beer permit to allow curbside pick-up of alcoholic liquor
670670 by (A) the consumer who purchased the alcoholic liquor, or (B) the
671671 holder of an in-state transporter's permit or such holder's agent; (5)
672672 redefine "cafe" to include additional airports; (6) provide that the fee for
673673 a ninety-day provisional liquor permit is nonrefundable; (7) allow the
674674 holder of a cafe, restaurant or in-state transporter's permit to hold a
675675 seasonal outdoor open-air permit; and (8) make various conforming,
676676 minor and technical changes to the Liquor Control Act and related
677677 statutes.
678678 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
679679 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
680680 underlined.]
681681