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General Assembly Substitute Bill No. 5330
February Session, 2022
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING VARIOUS
REVISIONS TO THE CONSUMER PROTECTION STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 30-1 of the 2022 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
For the [interpretation] purposes of this chapter and section 2 of this 4
act, unless the context indicates a different meaning: 5
(1) "Airline" means any (A) United States airline carrier [,] holding a 6
certificate of public convenience and necessity from the Civil 7
Aeronautics Board under Section 401 of the Federal Aviation Act of 8
1958, as amended from time to time, or [any] (B) foreign flag carrier [,] 9
holding a permit under Section 402 of [such] said act. 10
(2) "Alcohol" (A) means the product of distillation of any fermented 11
liquid [,] that is rectified [either] at least once [or more often, whatever 12
may be the] and regardless of such liquid's origin, [thereof,] and (B) 13
includes synthetic ethyl alcohol which is considered nonpotable. 14
(3) ["Alcoholic liquor" or "alcoholic beverage" includes] "Alcoholic 15 Substitute Bill No. 5330
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beverage" and "alcoholic liquor" include the four varieties of liquor 16
defined in subdivisions (2), (5), [(18)] (21) and [(19)] (22) of this section 17
(alcohol, beer, spirits and wine) and every liquid or solid, patented or 18
[not] unpatented, containing alcohol, [spirits, wine or] beer, spirits or 19
wine and at least one-half of one per cent alcohol by volume, and 20
capable of being consumed by a human being [for] as a beverage. 21
[purposes.] Any liquid or solid containing more than one of the four 22
varieties so defined [is considered as belonging to that] belongs to the 23
variety which has the [higher] highest percentage of alcohol [,] 24
according to the following order: Alcohol, spirits, wine and beer, except 25
as provided in subdivision [(19)] (22) of this section. [The provisions of 26
this chapter shall not apply to any liquid or solid containing less than 27
one-half of one per cent of alcohol by volume.] 28
(4) "Backer" means, except in cases where the permittee is [himself] 29
the proprietor, the proprietor of any business or club, incorporated or 30
unincorporated, that is engaged in [the manufacture or sale of] 31
manufacturing or selling alcoholic liquor [,] and in which business a 32
permittee is associated, whether as an agent, employee [, agent] or part 33
owner. 34
(5) "Beer" means any beverage obtained by the alcoholic fermentation 35
of [an infusion or decoction of barley, malt and hops] a decoction or 36
infusion of barley, hops and malt in drinking water. 37
(6) "Boat" means any vessel that is (A) operating on any waterway of 38
this state, and (B) engaged in transporting passengers for hire to or from 39
any port of this state. 40
[(6) (A)] (7) "Case price" means the price of a container made of 41
cardboard, wood or any other material [,] and containing units of the 42
same [size and] class and size of alcoholic liquor. [, and (B) a] A case of 43
alcoholic liquor, other than beer, cocktails, cordials, [cocktails, wines 44
and prepared mixed drinks] prepared mixed drinks and wines, shall be 45
in the [number and] quantity and number, or fewer, with the permission 46
of the Commissioner of Consumer Protection, of bottles or units [or 47 Substitute Bill No. 5330
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bottles] as follows: [(i) Six] (A) Six one thousand seven hundred fifty 48
milliliter bottles, [; (ii)] (B) six one thousand eight hundred milliliter 49
bottles, (C) twelve seven hundred milliliter bottles, (D) twelve seven 50
hundred twenty milliliter bottles, (E) twelve seven hundred fifty 51
milliliter bottles, (F) twelve nine hundred milliliter bottles, (G) twelve 52
one liter bottles, [; (iii) twelve seven hundred fifty milliliter bottles; (iv)] 53
(H) twenty-four three hundred seventy-five milliliter bottles, [; (v)] (I) 54
forty-eight two hundred milliliter bottles, [; (vi)] (J) sixty one hundred 55
milliliter bottles, [; or (vii)] or (K) one hundred twenty fifty milliliter 56
bottles, except a case of fifty milliliter bottles may be in a [number and] 57
quantity and number as originally configured, packaged and sold by the 58
manufacturer or out-of-state shipper prior to shipment [, provided such] 59
if the number of such bottles [does not exceed] in such case is not greater 60
than two hundred. The commissioner shall not authorize fewer 61
quantities or numbers [or quantities of units or] of bottles or units as 62
specified in this subdivision for any one person or entity more than eight 63
times in any calendar year. For the purposes of this subdivision, "class" 64
has the same meaning as [defined in] provided in 27 CFR 4.21 for wine, 65
27 CFR 5.22 for spirits [, as defined in 27 CFR 4.21 for wine, and as 66
defined in] and 27 CFR 7.24 for beer. 67
[(7)] (8) "Charitable organization" means any nonprofit organization 68
that (A) is organized for charitable purposes, [to which has been issued 69
a ruling by] and (B) has received a ruling from the Internal Revenue 70
Service classifying [it] such nonprofit organization as an exempt 71
organization under Section 501(c)(3) of the Internal Revenue Code of 72
1986, or any subsequent corresponding internal revenue code of the 73
United States, as amended from time to time. 74
[(8)] (9) "Club" has the same meaning as provided in section 30-22aa. 75
[(9)] (10) "Coliseum" [means a coliseum, as defined] has the same 76
meaning as provided in section 30-33a. 77
[(10)] (11) "Commission" means the Liquor Control Commission 78
established under this chapter. 79 Substitute Bill No. 5330
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[(11)] (12) "Department" means the Department of Con sumer 80
Protection. 81
(13) "Dining room" means any room or rooms (A) located in premises 82
operating under (i) a hotel permit issued under section 30-21, (ii) a 83
restaurant permit issued under subsection (a) of section 30-22, as 84
amended by this act, (iii) a restaurant permit for wine and beer issued 85
under subsection (b) of section 30-22, as amended by this act, or (iv) a 86
cafe permit issued under section 30-22a, as amended by this act, and (B) 87
where meals are customarily served to any member of the public who 88
has means of payment and a proper demeanor. 89
[(12)] (14) "Mead" means fermented honey [,] (A) with or without 90
additions or adjunct ingredients, [or additions,] and (B) regardless of (i) 91
alcohol content, [regardless of process, and regardless of being 92
sparkling, carbonated] (ii) process, and (iii) whether such honey is 93
carbonated, sparkling or still. 94
[(13)] (15) "Minor" means any person [under] who is younger than 95
twenty-one years of age. 96
(16) "Nonprofit club" has the same meaning as provided in section 97
30-22aa. 98
(17) "Nonprofit public television corporation" has the same meaning 99
as provided in section 30-37d. 100
[(14)] (18) (A) "Person" means [natural person, including partners but 101
shall not include corporations, limited liability companies, joint stock 102
companies or other associations of natural persons] an individual, 103
including, but not limited to, a partner. 104
(B) "Person" does not include a corporation, joint stock company, 105
limited liability company or other association of individuals. 106
[(15)] (19) (A) "Proprietor" includes all owners of [businesses or clubs, 107
included in subdivision (4) of this section] a business or club, 108 Substitute Bill No. 5330
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incorporated or unincorporated, that is engaged in manufacturing or 109
selling alcoholic liquor, whether such owners are [individuals, partners, 110
joint stock companies, fiduciaries] persons, fiduciaries, joint stock 111
companies, stockholders of corporations or otherwise. [, but] 112
(B) "Proprietor" does not include [persons or corporations who are 113
merely creditors of such businesses or clubs, whether as note holders, 114
bond holders, landlords or franchisors] any person who, or corporation 115
that, is merely a creditor, whether as a bond holder, franchisor, landlord 116
or note holder, of a business or club, incorporated or unincorporated, 117
that is engaged in manufacturing or selling alcoholic liquor. 118
[(16) "Dining room" means a room or rooms in premises operating 119
under a hotel permit, hotel beer permit, restaurant permit, restaurant 120
permit for beer or wine or cafe permit, where meals are customarily 121
served, within the room or rooms, to any member of the public who has 122
means of payment and proper demeanor.] 123
[(17)] (20) "Restaurant" [means a restaurant, as defined] has the same 124
meaning as provided in section 30-22, as amended by this act. 125
[(18)] (21) "Spirits" means any beverage that contains alcohol 126
obtained by distillation mixed with drinkable water and other 127
substances in solution, including brandy, rum, whiskey and gin. 128
[(19)] (22) "Wine" means any alcoholic beverage obtained by [the 129
fermentation of] fermenting the natural sugar content of fruits, such as 130
apples, grapes [or apples] or other agricultural products, containing 131
such sugar, including fortified wines such as port, sherry and 132
champagne. 133
[(20) "Nonprofit public television corporation" means a nonprofit 134
public television corporation, as defined in section 30-37d. 135
(21) "Nonprofit club" has the same meaning as provided in section 136
30-22aa.] 137 Substitute Bill No. 5330
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Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this 138
section: 139
(1) "Religious organization" means (A) any religious corporation, 140
society or organization that is formed or recognized under chapter 598 141
of the general statutes, or (B) any religious organization that is eligible 142
for an exemption under section 12-412 of the general statutes; and 143
(2) "Sacramental wine" means any wine that is (A) exclusively used 144
for religious or sacramental purposes, and (B) exempt from taxation 145
under regulations adopted by the Commissioner of Revenue Services 146
pursuant to section 12-449 of the general statutes. 147
(b) A religious wine retailer permit shall allow the holder of such 148
permit to import and sell, at retail, sacramental wine to religious 149
organizations. Such sacramental wine shall not be consumed on the 150
permit premises and any sale of such sacramental wine shall only take 151
place during the hours a religious wine retailer may sell alcoholic liquor 152
under subsection (d) of section 30-91 of the general statutes, as amended 153
by this act. The holder of a religious wine retailer permit issued under 154
this section shall operate at least one retail location in this state, be 155
primarily engaged in the business of selling religious supplies that do 156
not contain alcohol and not hold any other permit issued under chapter 157
545 of the general statutes. The annual fee for a religious wine retailer 158
permit issued under this section shall be two hundred fifty dollars. 159
(c) The holder of a religious wine retailer permit issued under this 160
section may purchase sacramental wine directly from a manufacturer, 161
out-of-state shipper or wholesaler. All shipments of sacramental wine 162
to the holder of a religious wine retailer permit issued under this section 163
shall be conspicuously labeled "for sacramental or religious purposes 164
only". If the holder of a religious wine retailer permit issued under this 165
section imports into this state a supply of any brand of sacramental wine 166
directly from a manufacturer or out-of-state shipper, such brand need 167
not comply with the provisions of sections 30-63 and 30-64 of the general 168
statutes for such directly imported supply. 169 Substitute Bill No. 5330
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Sec. 3. Subsections (a) to (c), inclusive, of section 30-19f of the 2022 170
supplement to the general statutes are repealed and the following is 171
substituted in lieu thereof (Effective from passage): 172
(a) An in-state transporter's permit for alcoholic liquor shall allow the 173
commercial transportation of any alcoholic liquor and, with the 174
approval of the [department, the sale or provision] Department of 175
Consumer Protection, the provision or sale of alcoholic liquor for 176
consumption in a boat engaged in the transportation of passengers for 177
hire [and in] or a motor vehicle in livery service, as permitted by law. 178
One permit shall cover all such boats [and] or vehicles that are under 179
common control, direction, management or ownership. When applying 180
for such approval, the owner of any such boat [and] or vehicle in which 181
the sale or consumption of alcoholic liquor will be available shall 182
specifically identify to the department each such boat [and] or vehicle. 183
[to the department.] The annual fee for an in-state transporter's liquor 184
permit shall be one thousand two hundred fifty dollars for the first boat 185
or vehicle and [there shall be] an additional annual fee of two hundred 186
dollars for each additional boat or vehicle. 187
(b) No person, corporation, [trust, partnership, incorporated or 188
unincorporated association, and any] incorporated or unincorporated 189
association, partnership, trust or other legal entity except [: (1) The] the 190
holder of an out-of-state shipper's permit issued [pursuant to] under 191
section 30-18 or 30-19, [; (2) the holder of] a manufacturer's permit issued 192
[pursuant to] under section 30-16, other than [the holder of] a 193
manufacturer permit for a farm winery or a manufacturer permit for 194
wine, cider and mead, [; and (3) the holder of] or a wholesaler's permit 195
issued [pursuant to] under section 30-17, shall transport any alcoholic 196
beverages imported into this state unless such person: [holds] (1) Holds 197
an in-state transporter's permit; [and] (2) the tax imposed on such 198
alcoholic liquor [by] under section 12-435 has been paid; and [,] (3) if 199
applicable, the tax imposed on the sale of such alcoholic liquor 200
[pursuant to] under chapter 219 has been paid. 201
(c) An in-state transporter, when [shipping or] delivering or shipping 202 Substitute Bill No. 5330
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directly to a consumer in this state wine, cider or mead, [directly to a 203
consumer in this state,] shall: (1) Ensure that the shipping labels on all 204
containers of such products shipped directly to a consumer in this state 205
conspicuously state the following: "CONTAINS ALCOHOL —206
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 207
DELIVERY"; (2) obtain the signature of a person [age twenty-one or 208
older] who is at least twenty-one years of age at the address prior to 209
delivery, after requiring the signer to demonstrate that [he or she is age 210
twenty-one or older] the signer is at least twenty-one years of age by 211
providing a valid motor vehicle operator's license or a valid identity 212
card described in section 1-1h; and (3) not ship to any address in the 213
state where the sale of alcoholic liquor is prohibited by local option 214
pursuant to section 30-9. 215
Sec. 4. Section 30-20 of the 2022 supplement to the general statutes is 216
repealed and the following is substituted in lieu thereof (Effective from 217
passage): 218
(a) For the purposes of this section, "grocery store" (1) means any 219
store that (A) is commonly known as a delicatessen, food store, grocery 220
store or supermarket, and (B) is primarily engaged in the retail sale of 221
various canned goods and dry goods such as coffee, flour, spices, sugar 222
and tea, whether packaged or in bulk, regardless of whether such store 223
sells fresh fruits and vegetables or fresh, prepared or smoked fish, meat 224
and poultry, and (2) does not include any store that is primarily engaged 225
in the retail sale of bakery products, candy, nuts and confectioneries, 226
dairy products, eggs and poultry, fruits and vegetables or seafood. 227
[(a)] (b) (1) A package store permit shall allow the retail sale of 228
alcoholic liquor in sealed bottles or containers not to be consumed on 229
the permit premises. [, such sales to be made only in sealed bottles or 230
other containers.] The holder of a package store permit may, in 231
accordance with regulations adopted by the Department of Consumer 232
Protection pursuant to the provisions of chapter 54, (A) offer free 233
samples of alcoholic liquor for tasting on the permit premises, (B) 234
conduct fee-based wine education and tasting classes and 235 Substitute Bill No. 5330
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demonstrations, and (C) conduct tastings or demonstrations provided 236
by a permittee or backer of [a] the package store for a nominal charge to 237
charitable nonprofit organizations. Any offering, tasting, wine 238
education and tasting class or demonstration held on permit premises 239
shall be conducted only during the hours [a] the package store [is 240
permitted to] may sell alcoholic liquor under section 30-91, as amended 241
by this act. No tasting of wine on the permit premises shall be offered 242
from more than ten uncorked bottles at any one time. 243
(2) No store operating under a package store permit shall sell any 244
commodity other than alcoholic liquor except, [that,] notwithstanding 245
any other provision of law, such store may sell [(1)] (A) cigarettes and 246
cigars, [(2)] (B) publications, [(3)] (C) bar utensils, [which shall include, 247
but need not be] including, but not limited to, corkscrews, beverage 248
strainers, stirrers or other similar items used to consume, or related to 249
the consumption of, alcoholic liquor, [(4)] (D) gift packages of alcoholic 250
liquor shipped into the state by a manufacturer or out-of-state shipper, 251
which gift packages may include [a] nonalcoholic [item in the gift 252
package that may be any item, except food or tobacco products, 253
provided the] items, other than food or tobacco products, if the dollar 254
value of the nonalcoholic items in such gift package does not exceed the 255
dollar value of the alcoholic items [of the] in such gift package, [(5)] (E) 256
complementary fresh fruits used in the preparation of mixed alcoholic 257
beverages, [(6)] (F) cheese, [or] crackers [,] or both, [(7)] (G) olives, [(8)] 258
(H) nonalcoholic beverages, [(9)] (I) concentrates used in the preparation 259
of mixed alcoholic beverages, [(10)] (J) beer and wine-making kits and 260
products related to [beer and wine-making] such kits, [(11)] (K) ice in 261
any form, [(12)] (L) articles of clothing imprinted with advertising 262
related to the alcoholic liquor industry, [(13)] (M) gift baskets or other 263
containers of alcoholic liquor, [(14)] (N) multiple packages of alcoholic 264
liquors, [as defined in subdivision (3) of section 30-1,] provided in all 265
such cases the minimum retail selling price for such alcoholic liquor 266
shall apply, [(15)] (O) lottery tickets authorized by the Department of 267
Consumer Protection, if licensed as an agent to sell such tickets by [said] 268
the department, [(16)] (P) devices and related accessories designed 269 Substitute Bill No. 5330
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primarily for accessing and extracting a beverage containing alcohol 270
from prepackaged containers, including, but not limited to, pods, 271
pouches or similar containers, but excluding devices, including, but not 272
limited to, household blenders, that are not designed primarily for such 273
purposes, [including, but not limited to, household blenders, (17)] (Q) 274
alcohol-infused confections containing not more than one-half of one 275
per cent of alcohol by weight and which the commissioner has approved 276
for sale [by the commissioner] under section 21a-101, and [(18)] (R) gift 277
baskets containing only containers of alcoholic liquor and commodities 278
authorized for sale under [subdivisions (1) to (17), inclusive, of this 279
subsection] subparagraphs (A) to (Q), inclusive, of this subdivision. A 280
package store permit shall also allow the taking and transmitting of 281
orders for delivery of such merchandise in other states. 282
Notwithstanding any other provision of law, a package store permit 283
shall allow the participation in any lottery ticket promotion or giveaway 284
sponsored by the [Department of Consumer Protection] department. 285
The annual fee for a package store permit shall be five hundred thirty-286
five dollars. 287
[(b)] (c) A grocery store beer permit may be granted to any grocery 288
store and shall allow the retail sale of beer in standard size containers 289
not to be consumed on the permit premises. [A] The holder of a grocery 290
store beer permit shall post, in a prominent location adjacent to the beer 291
display, the retail price for each brand of beer and [said] such retail price 292
shall include all applicable federal and state taxes, including, but not 293
limited to, the applicable state sales taxes. The annual fee for a grocery 294
store beer permit shall be one hundred seventy dollars, [. For a] or, for a 295
grocery store that has annual sales of food and grocery items of [not less 296
than] at least two million dollars, [the annual fee for a grocery store beer 297
permit shall be] one thousand five hundred dollars. 298
[(c) "Grocery store" means any store commonly known as a 299
supermarket, food store, grocery store or delicatessen, primarily 300
engaged in the retail sale of all sorts of canned goods and dry goods 301
such as tea, coffee, spices, sugar and flour, either packaged or in bulk, 302 Substitute Bill No. 5330
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with or without fresh fruits and vegetables, and with or without fresh, 303
smoked and prepared meats, fish and poultry, except that no store 304
primarily engaged in the retail sale of seafood, fruits and vegetables, 305
candy, nuts and confectioneries, dairy products, bakery products or 306
eggs and poultry shall be included in the definition of "grocery store".] 307
(d) The holder of a package store permit or a grocery store beer 308
permit issued under this section may allow curbside pick-up of 309
previously purchased alcoholic liquor by (1) the consumer who 310
purchased such alcoholic liquor, or (2) the holder of an in-state 311
transporter's permit issued under section 30-19f, as amended by this act, 312
or such holder's agent. Such curbside pick-up shall be limited to the 313
space immediately adjacent to, or in a parking lot abutting, the permit 314
premises. The holder of such package store permit or grocery store beer 315
permit may allow such curbside pick-up only during the hours the 316
package store or grocery store is allowed to sell alcoholic liquor under 317
subsection (d) of section 30-91, as amended by this act, unless a more 318
restrictive municipal ordinance limits such curbside pick-up hours. 319
Sec. 5. Section 30-46 of the 2022 supplement to the general statutes is 320
repealed and the following is substituted in lieu thereof (Effective from 321
passage): 322
(a) The Department of Consumer Protection may, except as to a store 323
engaged chiefly in the sale of groceries, in its discretion, suspend, revoke 324
or refuse to grant or renew a permit for the sale of alcoholic liquor if [it] 325
the department has reasonable cause to believe [:] that (1) [That] the 326
proximity of the permit premises [will have a detrimental effect upon 327
any church] to any charitable institution supported by private or public 328
funds, church, convent, hospital, public or parochial school, [convent, 329
charitable institution, whether supported by private or public funds, 330
hospital] or veterans' home, or any [camp,] barracks, camp or flying 331
field of the armed forces, [; (2) that such location] will detrimentally 332
impact such institution, church, convent, hospital, school, home, 333
barracks, camp or field, (2) the permit premises is in such proximity to 334
a no-permit town so that it is apparent that the applicant is seeking to 335 Substitute Bill No. 5330
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obtain the patronage of [such] persons in such town, [;] (3) [that] the 336
number of permit premises in the locality is such that [the] granting [of] 337
a permit is detrimental to the public interest, and, in reaching a 338
conclusion in this respect, the department may consider the character 339
and [of, the] population of, and the number of like permits and [number 340
of] all permits existent in, the particular town and the immediate 341
neighborhood concerned [,] and the effect which a new permit may have 342
on such town or neighborhood or on like permits existent in such town 343
or neighborhood, [;] (4) [that] the place has been conducted as a lewd or 344
disorderly establishment, [;] (5) [that] the backer does not have a right 345
to occupy the permit premises, [;] (6) [that] drive-up sales of alcoholic 346
liquor, other than curbside pick-up allowed under subsection (d) of 347
section 30-20, as amended by this act, are being made at the permit 348
premises, [;] or (7) [that] there is any other reason as provided by state 349
or federal law or regulation which warrants such refusal. 350
(b) (1) The existence of a coliseum permit issued under section 30-33a 351
shall not be a factor to be taken into consideration under subdivision (3) 352
of subsection (a) of this section. 353
(2) The provisions of subdivisions (1), (2) and (3) of subsection (a) of 354
this section shall not apply to [the granting] issuance of a coliseum 355
permit under section 30-33a. 356
Sec. 6. Section 30-51a of the general statutes is repealed and the 357
following is substituted in lieu thereof (Effective from passage): 358
Notwithstanding the provisions of subdivision (6) of section 30-47 359
and section 30-51, a permittee of premises operating under a grocery 360
store beer permit issued under subsection (c) of section 30-20, as 361
amended by this act, may lease up to fifty per cent of the total square 362
footage of the premises to any person for lawful purposes. The 363
Department of Consumer Protection shall not issue a permit allowing 364
the sale or consumption of alcoholic liquor on any such leased premises, 365
and the sale or consumption of alcoholic liquor [, as defined in 366
subdivision (3) of section 30-1,] shall be unlawful on any such leased 367 Substitute Bill No. 5330
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premises. 368
Sec. 7. Subsection (c) of section 30-74 of the general statutes is 369
repealed and the following is substituted in lieu thereof (Effective from 370
passage): 371
(c) No permittee or backer who is authorized under this chapter to 372
sell alcoholic liquor at retail for consumption off the permit premises, 373
and no agent or employee of such permittee or backer, may sell or 374
deliver such alcoholic liquor from a drive-up window or similar exterior 375
wall opening except as part of a curbside pick-up authorized under 376
subsection (d) of section 30-20, as amended by this act. 377
Sec. 8. Section 30-22a of the 2022 supplement to the general statutes 378
is repealed and the following is substituted in lieu thereof (Effective from 379
passage): 380
(a) A cafe permit shall allow the retail sale of alcoholic liquor to be 381
consumed on the premises of a cafe. The holder of a cafe permit shall 382
keep food available for sale to its customers for consumption on the 383
premises during [a] the majority of the hours such premises are open. 384
The availability of food from outside vendors located on or near the 385
premises, who may directly deliver such food or indirectly deliver such 386
food through a third party, shall be deemed compliance with such 387
requirement. The licensed premises shall at all times comply with all the 388
regulations of the local department of health. Nothing herein shall be 389
construed to require that any food be sold or purchased with any 390
alcoholic liquor, nor shall any rule, regulation or standard be 391
promulgated or enforced [requiring that the sale] to require that sales of 392
food be substantial or that the [receipts of the business other than from 393
the sale of] business's receipts from sales of alcoholic liquor equal any 394
set percentage of total receipts from all sales made [therein] on the 395
licensed premises. A cafe permit shall allow, with the prior approval of 396
the Department of Consumer Protection, alcoholic liquor to be served at 397
tables in outside areas that are screened or not screened from public 398
view where permitted by fire, zoning and health regulations. If not 399 Substitute Bill No. 5330
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required by fire, zoning or health regulations, a fence or wall enclosing 400
such outside areas shall not be required by the Department of Consumer 401
Protection. No fence or wall used to enclose such outside areas shall be 402
less than thirty inches high. Such permit shall also authorize the sale at 403
retail from the premises of sealed containers, supplied by the permittee, 404
of draught beer for consumption off the premises. Such sales shall be 405
conducted only during the hours a package store is permitted to sell 406
alcoholic liquor under the provisions of subsection (d) of section 30-91, 407
as amended by this act. Not more than four liters of such beer shall be 408
sold to any person on any day on which the sale of alcoholic liquor is 409
authorized under the provisions of subsection (d) of section 30-91, as 410
amended by this act. The annual fee for a cafe permit shall be two 411
thousand dollars, except the annual fee for a cafe permit for a prior 412
holder of a tavern permit issued [pursuant to] under section 30-26 shall 413
be eight hundred dollars for the first year, twelve hundred dollars for 414
the second year, one thousand six hundred dollars for the third year and 415
two thousand dollars for each year thereafter. 416
(b) (1) A cafe patron may remove one unsealed bottle of wine for off-417
premises consumption, provided the patron has purchased a full course 418
meal and consumed a portion of the wine with such meal on the cafe 419
premises. For purposes of this section, "full course meal" means a 420
diversified selection of food which (A) ordinarily cannot be consumed 421
without the use of tableware, and [which] (B) cannot be conveniently 422
consumed while standing or walking. 423
(2) A partially consumed bottle of wine that is to be removed from 424
the premises [pursuant to] under this subsection shall be securely sealed 425
and placed in a bag by the permittee or the permittee's agent or 426
employee prior to removal from the premises. 427
(c) As used in this section, "cafe" means space in a suitable and 428
permanent building, vessel or structure, kept, used, maintained, 429
advertised and held out to the public to be a place where alcoholic liquor 430
and food is served for sale at retail for consumption on the premises but 431
which does not necessarily serve hot meals; it shall have no sleeping 432 Substitute Bill No. 5330
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accommodations for the public and need not necessarily have a kitchen 433
or dining room but shall have employed therein at all times an adequate 434
number of employees. 435
(d) For purposes of compliance with this section, "cafe" [shall include] 436
includes any location in [the Bradley International Airport] a passenger 437
terminal complex of any airport, as defined in section 15-34, or any 438
location adjacent to and attached by common partition to [said] such 439
complex, which is open to the public [and] or to airline club members or 440
their guests, with or without the sale of food, for consumption on the 441
premises. 442
(e) For purposes of compliance with this section, "cafe" [shall include] 443
includes all of the land and buildings in which the principal business 444
conducted is racing or jai alai exhibitions, with pari-mutuel betting 445
licensed by the Department of Consumer Protection. 446
(f) For purposes of compliance with this section, "cafe" [shall include] 447
includes any commercial bowling establishment containing ten or more 448
lanes, or any commercial racquetball or tennis facility containing five or 449
more courts, with or without food, for consumption on the premises. 450
(g) For purposes of compliance with this section, "cafe" [shall include] 451
includes the premises and grounds of a golf country club, defined as: (1) 452
[an] An association of persons, whether incorporated or 453
unincorporated, that has been in existence as a bona fide organization 454
for at least one year prior to applying for a permit issued as provided by 455
this chapter, or that at the time of applying for the permit is in existence 456
as a bona fide organization and has not less than twenty members who 457
have paid annual membership fees or dues and have signed affidavits 458
of their intention to remain members of the association for not less than 459
one year after that time, not including associations organized for any 460
commercial or business purpose the object of which is money profit, 461
which maintains a golf course of not less than eighteen holes and a 462
course length of at least fifty-five hundred yards and a club house with 463
facilities that include locker rooms, a dining room and a lounge; 464 Substitute Bill No. 5330
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provided the club shall file with the department, upon request, within 465
ten days of February first in each year, a list of the names and residences 466
of its members, and shall similarly file, within ten days of the election of 467
any additional member, his name and address, and provided its 468
aggregate annual membership fees or dues and other income, exclusive 469
of any proceeds of the sale of alcoholic liquor, shall be sufficient to 470
defray the annual rental of its leased or rented premises, or, if the 471
premises are owned by the club, shall be sufficient to meet the taxes, 472
insurance and repairs and the interest on any mortgage thereof; and 473
provided, further, its affairs and management shall be conducted by a 474
board of directors, executive committee or similar body chosen by the 475
members at their annual meeting, and no member or any officer, agent 476
or employee of the club shall be paid or, directly or indirectly, shall 477
receive in the form of salary or other compensation any profits from the 478
disposition or sale of alcoholic liquor to the club or to the members of 479
the club or its guests introduced by members, beyond the amount of 480
such salary as may be fixed and voted at annual meetings by the 481
members or by its directors or other governing body and as reported by 482
the club to the department, within three months after the annual 483
meeting, and as is, in the judgment of the department, reasonable and 484
proper compensation for the services of such member, officer, agent or 485
employee; or (2) an association of persons, whether incorporated or 486
unincorporated, which has been in existence as a bona fide organization 487
for at least one year prior to applying for a permit issued as provided by 488
this chapter, or which at the time of applying for the permit is in 489
existence as a bona fide organization and has not less than twenty 490
members who have paid annual membership fees or dues and is directly 491
or indirectly wholly owned by a corporation which is and continues to 492
be nonprofit and to which the Internal Revenue Service has issued a 493
ruling classifying it as an exempt organization under Section 501(c) of 494
the Internal Revenue Code of 1986, or any subsequent corresponding 495
internal revenue code of the United States, as amended from time to 496
time, which maintains a golf course of not less than eighteen holes and 497
a course length of at least fifty-five hundred yards and a club house with 498
facilities which include locker rooms, a dining room and a lounge; 499 Substitute Bill No. 5330
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provided the club shall file with the department, upon request, within 500
ten days of February first in each year, a list of the names and residences 501
of its members, and shall similarly file, within ten days of the admission 502
of any additional member, his name and address. The nonprofit 503
corporation shall demonstrate to the commission an ability to pay any 504
operating deficit of the golf country club, exclusive of any proceeds of 505
the sale of alcoholic liquor; and provided, further, the affairs and the 506
management of the nonprofit corporation are conducted by a board of 507
directors, executive committee or similar body at least forty per cent of 508
the members of which are chosen by the members of the nonprofit 509
corporation at their annual meeting and the balance of the members of 510
the board of directors are professionals chosen for their knowledge of 511
the business of the nonprofit corporation, and all moneys earned by the 512
golf country club shall be used to defray its expenses of operation or for 513
charitable purposes, and any balance shall be directly or indirectly 514
remitted to the nonprofit corporation. 515
[(h) For purposes of compliance with this section, "cafe" shall include 516
the sale and public consumption of alcoholic liquor by passengers with 517
or without meals upon any one designated boat engaged in the 518
transportation of passengers for hire to or from any port in this state.] 519
[(i)] (h) For purposes of compliance with this section, "cafe" [shall 520
include] includes any corporation that operates a railway in this state or 521
that operates club, parlor, dining, buffet or lounge cars upon the lines of 522
any such railway in this state. It shall allow the sale and public 523
consumption of alcoholic liquor in any club, parlor, dining, buffet or 524
lounge car of a passenger train operated in this state. It shall be subject 525
to all the privileges, obligations and penalties provided for in this 526
chapter except that it shall be issued to a corporation instead of to a 527
person and, if it is revoked, another application may be made by the 528
corporation for the issuance of another railroad permit at any time after 529
the expiration of one year after such revocation. 530
[(j)] (i) For purposes of compliance with this section, "cafe" [shall 531
include] includes a facility designed, constructed and used for corporate 532 Substitute Bill No. 5330
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and private parties, sporting events, concerts, exhibitions, trade shows, 533
entertainment presentations, conventions, banquets, meetings, dances, 534
fund-raising events and similar functions, located on a tract of land of 535
not less than twenty acres containing an enclosed roofed pavilion 536
constructed to seat not less than two hundred fifty people, where hot 537
meals are regularly served in an adequate and sanitary dining area, such 538
meals having been prepared in an adequate and sanitary kitchen on the 539
premises, and employing an adequate number of employees who shall 540
serve only persons who are at such outing facility to attend an event, 541
function, private party or banquet. 542
[(k)] (j) For purposes of compliance with this section, "cafe" includes: 543
(1) A room or building that is subject to the care, custody and control of 544
The University of Connecticut Board of Trustees; (2) land and buildings 545
which are subject to the care, custody and control of an institution 546
offering a program of higher learning, as defined in section 10a-34, 547
which has been accredited by the Board of Regents for Higher Education 548
or Office of Higher Education or otherwise is authorized to award a 549
degree pursuant to section 10a-34; or (3) on land or in a building situated 550
on or abutting a golf course which is subject to the care, custody and 551
control of an institution offering a program of higher learning, as 552
defined in section 10a-34, which has been accredited by the Board of 553
Regents for Higher Education or Office of Higher Education or 554
otherwise is authorized to award a degree pursuant to section 10a-34. 555
Sec. 9. Section 30-12 of the 2022 supplement to the general statutes is 556
repealed and the following is substituted in lieu thereof (Effective from 557
passage): 558
When any town has so voted upon the question of liquor permits, any 559
liquor permit granted in such town which is not in accordance with such 560
vote shall be void except manufacturer permits and cafe permits issued 561
[pursuant to] under subsections (g) and [(k)] (h) of section 30-22a, as 562
amended by this act. 563
Sec. 10. Subsection (a) of section 30-14 of the 2022 supplement to the 564 Substitute Bill No. 5330
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general statutes is repealed and the following is substituted in lieu 565
thereof (Effective from passage): 566
(a) [A] Each permit shall be a purely personal privilege that [expires 567
annually, except a permit issued under sections 30-25, 30-35, 30-37b, 30-568
37d, 30-37g and 30-37h, and] is revocable in the discretion of the 569
Department of Consumer Protection, and subject to appeal, as provided 570
in section 30-55. [A] Except as otherwise provided in the general 571
statutes, including, but not limited to, sections 30-25, as amended by this 572
act, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, each permit shall expire 573
annually. No permit shall [not] constitute property, [nor shall it] be 574
subject to attachment and execution [, nor shall it] or be alienable, except 575
[that it] a permit shall descend to the estate of a deceased permittee by 576
the laws of testate or intestate succession. An airline permit issued under 577
section 30-28a or a cafe permit issued [pursuant to] under subsection 578
[(k)] (h) of section 30-22a, as amended by this act, shall be granted to the 579
airline corporation or railway corporation and not to any person, and 580
the corporation shall be the permittee. 581
Sec. 11. Section 30-16b of the 2022 supplement to the general statutes 582
is repealed and the following is substituted in lieu thereof (Effective from 583
passage): 584
(a) [From June 4, 2021, until three years after June 4, 2021] During the 585
period beginning June 4, 2021, and ending June 5, 2024, the holder of a 586
permit issued [pursuant to] under section 30-16, 30-21 or 30-22, as 587
amended by this act, [or] subsection [(a), (g), (h) or (i)] (c) or (g) of section 588
30-22a, as amended by this act, or section 30-22aa may sell for off-589
premises consumption sealed containers of all [such] alcoholic liquor 590
such permit holder is allowed to sell for on-premises consumption, 591
subject to the requirements of this section and consistent with all local 592
ordinances for the town in which the permit premises are located. 593
(b) Any alcoholic liquor sold for off-premises consumption [pursuant 594
to] under this section shall be accompanied by food prepared on the 595
permit premises for off-premises consumption. 596 Substitute Bill No. 5330
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(c) Alcoholic liquor sold for off-premises consumption [pursuant to] 597
under this section may be sold in a container other than the 598
manufacturer's original sealed container, unless sold by a permittee 599
under section 30-16. All such alcoholic liquor [sold for off-premises 600
consumption] shall be given to a consumer in a securely sealed 601
container that prevents consumption without the removal of a tamper-602
evident lid, cap or seal. A securely sealed container does not include a 603
container with a lid with sipping holes or openings for straws. Each 604
securely sealed container shall be placed in a bag by the permittee's 605
agent or employee prior to removal from the permit premises. 606
(d) If a permittee is delivering alcoholic liquor and food, such 607
delivery shall be made only by a direct employee of the permittee and 608
not by a third-party vendor or entity, unless such third-party vendor or 609
entity holds an in-state transporter's permit issued under section 30-19f, 610
as amended by this act. 611
(e) The sale of alcoholic liquor for off-premises consumption 612
[pursuant to] under this section shall: (1) [be] Be conducted only during 613
the hours a package store is permitted to sell alcoholic liquor under the 614
provisions of subsection (d) of section 30-91, as amended by this act; [,] 615
and (2) if such alcoholic liquor is sold by a permittee under section 30-616
21 or 30-22, as amended by this act, subsection (c) or (g) of section 30-617
22a, as amended by this act, or section 30-22aa, comply with all 618
applicable requirements of said sections and the limits imposed under 619
subsection (g) of this section. 620
(f) A sealed container of alcoholic liquor sold [pursuant to] under this 621
section shall not be deemed an open container, provided the sealed 622
container is unopened, the seal has not been tampered with [,] and the 623
contents of the sealed container have not been partially removed. 624
(g) The sale of alcoholic liquor for off-premises consumption 625
[pursuant to] under this section by a permittee under section 30-21 or 626
30-22, as amended by this act, subsection (c) or (g) of section 30-22a, as 627
amended by this act, or section 30-22aa shall comply with the following 628 Substitute Bill No. 5330
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limits for any one order, per customer: (1) One hundred ninety-six 629
ounces [,] for beer; [,] (2) one liter [,] for spirits; [,] and (3) one and one-630
half liters [,] for wine. 631
(h) The provisions of this section shall not apply to the retail sale of 632
any alcoholic liquor manufactured by a manufacturer permittee under 633
section 30-16 on [its] the manufacturer's permit premises for off-634
premises consumption, which shall be subject to the requirements of 635
[said] section 30-16, including, but not limited to, the volume limits and 636
hours of sale set forth in [said] section 30-16. 637
Sec. 12. Subsection (b) of section 30-22c of the 2022 supplement to the 638
general statutes is repealed and the following is substituted in lieu 639
thereof (Effective from passage): 640
(b) The holder of a cafe permit issued [pursuant to] under subsection 641
[(a)] (c) of section 30-22a, as amended by this act, may operate a juice bar 642
or similar facility at a permit premises if the juice bar or similar facility 643
is limited to a room or rooms or separate area within the permit 644
premises wherein there is no sale, consumption, dispensing or presence 645
of alcoholic liquor. 646
Sec. 13. Section 30-23a of the 2022 supplement to the general statutes 647
is repealed and the following is substituted in lieu thereof (Effective from 648
passage): 649
No person shall be construed to be a guest of a member of a club 650
[within the intent] for the purposes of section 30-22aa or of a golf 651
country club [within the intent of section 30-24a] for the purposes of 652
subsection (g) of section 30-22a, as amended by this act, until such 653
person's name and address has been entered in the guest book 654
maintained for such purposes on the club or golf country club premises, 655
together with the signature of the member and the date of introduction, 656
provided neither the permittee nor any person employed to dispense 657
alcoholic beverages on such premises, during his working hours on such 658
premises, shall enter such person's name in such book. The 659 Substitute Bill No. 5330
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[requirement] provisions of this section: (1) [shall] Shall not apply to a 660
member of any nationally chartered veterans' service organization when 661
such member enters a club run by such organization that is not such 662
member's home club, but is affiliated with the same organization, 663
provided such member shall show a membership, travel card or similar 664
identification as a member of such organization upon entry to such club; 665
[,] and (2) may be waived by the Department of Consumer Protection 666
on special occasions upon written application. 667
Sec. 14. Section 30-24 of the 2022 supplement to the general statutes 668
is repealed and the following is substituted in lieu thereof (Effective from 669
passage): 670
Spouses of members of any club or golf country club which holds a 671
permit under subsection (g) [or (h)] of section 30-22a, as amended by 672
this act, or section 30-22aa may be allowed to participate in all of the 673
privileges of such club or golf country club, by vote of such club's 674
members, and shall not be considered guests for the purposes of the 675
general statutes or provisions of the regulations of Connecticut state 676
agencies adopted by the Department of Consumer Protection. 677
Sec. 15. Section 30-24b of the 2022 supplement to the general statutes 678
is repealed and the following is substituted in lieu thereof (Effective from 679
passage): 680
Auxiliary members who are spouses of members or surviving 681
spouses of former deceased members of any club specified in 682
[subsections (g) to (i), inclusive,] subsection (g) of section 30-22a, as 683
amended by this act, or section 30-22aa which holds a permit under the 684
provisions of this chapter may be allowed to participate in all the 685
privileges of such club, by vote of such [club] club's members, and shall 686
not be considered guests for purposes of the general statutes or 687
provisions of the regulations of Connecticut state agencies adopted by 688
the Department of Consumer Protection. 689
Sec. 16. Subsection (a) of section 30-25 of the 2022 supplement to the 690 Substitute Bill No. 5330
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general statutes is repealed and the following is substituted in lieu 691
thereof (Effective from passage): 692
(a) A special club permit shall allow the sale of alcoholic liquor by the 693
drink, at retail, to be consumed at the grounds of an outdoor picnic 694
conducted by a club or golf country club. Such permits shall be issued 695
only to holders of cafe permits issued [pursuant to subsections (g) to (i), 696
inclusive,] under subsection (g) of section 30-22a, [and] as amended by 697
this act, and club permits issued under section 30-22aa, shall be issued 698
on a daily basis subject to the hours of sale in section 30-91, as amended 699
by this act, and shall be the same as provided therein for clubs and golf 700
country clubs. The exception established in subsection (a) of section 30-701
48, as amended by this act, that applies to boats operating under an in-702
state transporter's permit issued under section 30-19f, as amended by 703
this act, and cafe permits issued [pursuant to subsections (j) and (k)] 704
under subsection (h) of section 30-22a, as amended by this act, [that is 705
set forth in section 30-48] shall apply to such a special club permit. No 706
such club or golf country club shall be granted more than four such 707
special club permits during any one calendar year. 708
Sec. 17. Subsection (b) of section 30-39 of the 2022 supplement to the 709
general statutes is repealed and the following is substituted in lieu 710
thereof (Effective from passage): 711
(b) (1) Any person desiring a liquor permit or a renewal of such a 712
permit shall make an affirmed application therefor to the Department of 713
Consumer Protection, upon forms to be furnished by the department, 714
showing the name and address of the applicant and of the applicant's 715
backer, if any, the location of the club or place of business which is to be 716
operated under such permit and a financial statement setting forth all 717
elements and details of any business transactions connected with the 718
application. Such application shall include a detailed description of the 719
type of live entertainment that is to be provided. A club or place of 720
business shall be exempt from providing such detailed description if the 721
club or place of business (A) was issued a liquor permit prior to October 722
1, 1993, and (B) has not altered the type of entertainment provided. The 723 Substitute Bill No. 5330
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application shall also indicate any crimes of which the applicant or the 724
applicant's backer may have been convicted. Applicants shall submit 725
documents sufficient to establish that state and local building, fire and 726
zoning requirements and local ordinances concerning hours and days 727
of sale will be met, except that local building and zoning requirements 728
and local ordinances concerning hours and days of sale shall not apply 729
to a cafe permit issued [pursuant to] under subsection (d) or (h) of 730
section 30-22a, as amended by this act. The State Fire Marshal or the 731
marshal's certified designee shall be responsible for approving 732
compliance with the State Fire Code at Bradley International Airport. 733
Any person desiring a permit provided for in section 30-33b shall file a 734
copy of such person's license with such application if such license was 735
issued by the Department of Consumer Protection. The department 736
may, at its discretion, conduct an investigation to determine whether a 737
permit shall be issued to an applicant. 738
(2) The applicant shall pay to the department a nonrefundable 739
application fee, which fee shall be in addition to the fees prescribed in 740
this chapter for the permit sought. An application fee shall not be 741
charged for an application to renew a permit. The application fee shall 742
be in the amount of ten dollars for the filing of each application for a 743
permit by a charitable organization under section 30-37b, including a 744
nonprofit public television corporation under section 30-37d, a 745
nonprofit golf tournament permit under section 30-37g, a temporary 746
permit under section 30-35 or a special club permit [; and for all other 747
permits] under section 30-25, as amended by this act; and in the amount 748
of one hundred dollars for the filing of an initial application for all other 749
permits. Any permit issued shall be valid only for the purposes and 750
activities described in the application. 751
(3) The applicant, immediately after filing an application, shall give 752
notice thereof, with the name and residence of the permittee, the type of 753
permit applied for and the location of the place of business for which 754
such permit is to be issued and the type of live entertainment to be 755
provided, all in a form prescribed by the department, by publishing the 756 Substitute Bill No. 5330
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same in a newspaper having a circulation in the town in which the place 757
of business to be operated under such permit is to be located, at least 758
once a week for two successive weeks, the first publication to be not 759
more than seven days after the filing date of the application and the last 760
publication not more than fourteen days after the filing date of the 761
application. The applicant shall affix, and maintain in a legible condition 762
upon the outer door of the building wherein such place of business is to 763
be located and clearly visible from the public highway, the placard 764
provided by the department, not later than the day following the receipt 765
of the placard by the applicant. If such outer door of such premises is so 766
far from the public highway that such placard is not clearly visible as 767
provided, the department shall direct a suitable method to notify the 768
public of such application. When an application is filed for any type of 769
permit for a building that has not been constructed, such applicant shall 770
erect and maintain in a legible condition a sign not less than six feet by 771
four feet upon the site where such place of business is to be located, 772
instead of such placard upon the outer door of the building. The sign 773
shall set forth the type of permit applied for and the name of the 774
proposed permittee, shall be clearly visible from the public highway and 775
shall be so erected not later than the day following the receipt of the 776
placard. Such applicant shall make a return to the department, under 777
oath, of compliance with the foregoing requirements, in such form as 778
the department may determine, but the department may require any 779
additional proof of such compliance. Upon receipt of evidence of such 780
compliance, the department may hold a hearing as to the suitability of 781
the proposed location. The provisions of this subdivision shall not apply 782
to applications for (A) airline permits issued under section 30-28a, (B) 783
charitable organization permits issued under section 30-37b, (C) 784
temporary permits issued under section 30-35, (D) special club permits 785
issued under section 30-25, as amended by this act, (E) concession 786
permits issued under section 30-33, (F) military permits issued under 787
section 30-34, (G) cafe permits issued [pursuant to] under subsection [(j) 788
or (k)] (h) of section 30-22a, as amended by this act, (H) warehouse 789
permits issued under section 30-32, (I) [brokers'] broker's permits issued 790
under section 30-30, (J) out-of-state [shippers'] shipper's permits for 791 Substitute Bill No. 5330
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alcoholic liquor [and] issued under section 30-18, (K) out-of-state 792
[shippers'] shipper's permits for beer [, (K)] issued under section 30-19, 793
(L) coliseum permits [, (L)] issued under section 30-33a, (M) nonprofit 794
golf tournament permits [, (M)] issued under section 30-37g, (N) 795
nonprofit public television corporation permits [, (N)] issued under 796
section 30-37d, (O) Connecticut craft cafe permits [by] issued under 797
section 30-22d, as amended by this act, to permittees who held a 798
manufacturer permit for a brew pub or a manufacturer permit for a beer 799
and brew pub [prior to] before July 1, 2020, [and (O)] (P) off-site farm 800
winery sales and wine, cider and mead tasting permits issued under 801
section 30-16a, (Q) out-of-state retailer shipper's permits for wine issued 802
under section 30-18a, (R) out-of-state winery shipper's permits for wine 803
issued under section 30-18a, (S) in-state transporter's permits for 804
alcoholic liquor issued under section 30-19f, as amended by this act, 805
including, but not limited to, boats operating under such permits, (T) 806
seasonal outdoor open-air permits issued under section 30-22e, as 807
amended by this act, and (U) renewals of any [such permits] permit 808
described in subparagraphs (A) to (T), inclusive, of this subdivision, if 809
applicable. The provisions of this subdivision regarding publication and 810
placard display shall also be required of any applicant who seeks to 811
amend the type of entertainment either upon filing of a renewal 812
application or upon requesting permission of the department in a form 813
that requires the approval of the municipal zoning official. 814
(4) In any case in which a permit has been issued to a partnership, if 815
one or more of the partners dies or retires, the remaining partner or 816
partners need not file a new application for the unexpired portion of the 817
current permit, and no additional fee for such unexpired portion shall 818
be required. Notice of any such change shall be given to the department 819
and the permit shall be endorsed to show correct ownership. When any 820
partnership changes by reason of the addition of one or more persons, a 821
new application with new fees shall be required. 822
Sec. 18. Section 30-45 of the 2022 supplement to the general statutes 823
is repealed and the following is substituted in lieu thereof (Effective from 824 Substitute Bill No. 5330
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passage): 825
The Department of Consumer Protection shall refuse permits for the 826
sale of alcoholic liquor to the following persons: (1) Any state marshal, 827
judicial marshal, judge of any court, prosecuting officer or member of 828
any police force; [, (2) a minor, and] (2) any minor; (3) any constable who 829
(A) performs criminal law enforcement duties and is considered a peace 830
officer by town ordinance pursuant to the provisions of subsection (a) 831
of section 54-1f, [any constable who] or (B) is certified under the 832
provisions of sections 7-294a to 7-294e, inclusive, [who] and performs 833
criminal law enforcement duties pursuant to the provisions of 834
subsection (c) of section 54-1f; [, or] and (4) any special constable 835
appointed pursuant to section 7-92. This section shall not apply to any 836
out-of-state [shippers' permits, cafe permits issued pursuant to 837
subsection (j) of section 30-22a and airline permits] shipper's permit 838
issued under section 30-18, 30-18a or 30-19, any cafe permit issued under 839
section 30-22a, as amended by this act, any boat operating under any in-840
state transporter's permit issued under section 30-19f, as amended by 841
this act, or any airline permit issued under section 30-28a. As used in 842
this section, "minor" means a minor, as defined in section 1-1d or as 843
defined in section 30-1, as amended by this act, whichever age is older. 844
Sec. 19. Subsection (a) of section 30-48 of the 2022 supplement to the 845
general statutes is repealed and the following is substituted in lieu 846
thereof (Effective from passage): 847
(a) No backer or permittee of one permit class shall be a backer or 848
permittee of any other permit class except in the case of airline permits 849
issued under section 30-28a, boats operating under in-state transporter's 850
permits issued under section 30-19f, as amended by this act, and cafe 851
permits issued [pursuant to subsection (d), (j) or (k)] under subsections 852
(d) and (h) of section 30-22a, as amended by this act, [and] except that: 853
(1) A backer of a hotel permit issued under section 30-21 or a restaurant 854
permit issued under section 30-22, as amended by this act, may be a 855
backer of both such classes; (2) a holder or backer of a restaurant permit 856
issued under section 30-22, as amended by this act, or a cafe permit 857 Substitute Bill No. 5330
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issued [pursuant to] under subsection (a) of section 30-22a, as amended 858
by this act, may be a holder or backer of any other or all of such classes; 859
(3) a holder or backer of a restaurant permit issued under section 30-22, 860
as amended by this act, may be a holder or backer of a cafe permit issued 861
[pursuant to] under subsection (f) of section 30-22a, as amended by this 862
act; (4) a backer of a restaurant permit issued under section 30-22, as 863
amended by this act, may be a backer of a coliseum permit issued under 864
section 30-33a when such restaurant is within a coliseum; (5) a backer of 865
a hotel permit issued under section 30-21 may be a backer of a coliseum 866
permit issued under section 30-33a; (6) a backer of a grocery store beer 867
permit issued under subsection (c) of section 30-20, as amended by this 868
act, may be (A) a backer of a package store permit issued under 869
subsection (b) of section 30-20, as amended by this act, if such was the 870
case on or before May 1, 1996, and (B) a backer of a restaurant permit 871
issued under section 30-22, as amended by this act, provided the 872
restaurant permit premises do not abut or share the same space as the 873
grocery store beer permit premises; (7) a backer of a cafe permit issued 874
[pursuant to] under subsection [(m)] (j) of section 30-22a, as amended 875
by this act, may be a backer of a nonprofit theater permit issued under 876
section 30-35a; (8) a backer of a nonprofit theater permit issued under 877
section 30-35a may be a holder or backer of a hotel permit issued under 878
section 30-21 or a coliseum permit issued under section 30-33a; (9) a 879
backer of a concession permit issued under section 30-33 may be a 880
backer of a coliseum permit issued under section 30-33a; (10) a holder of 881
an out-of-state winery shipper's permit for wine issued under section 882
30-18a may be a holder of an in-state transporter's permit issued under 883
section 30-19f, as amended by this act, or an out-of-state entity wine 884
festival permit issued [pursuant to] under section 30-37m, or of both 885
such permits; (11) a holder of an out-of-state shipper's permit for 886
alcoholic liquor [other than beer] issued under section 30-18 or an out-887
of-state winery shipper's permit for wine issued under section 30-18a 888
may be a holder of an in-state transporter's permit issued under section 889
30-19f, as amended by this act; (12) a holder of a manufacturer permit 890
for a farm winery [or the holder of] issued under subsection (c) of section 891
30-16 or a manufacturer permit for wine, cider and mead issued under 892 Substitute Bill No. 5330
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subsection (d) of section 30-16 may be a holder of an in-state 893
transporter's permit issued under section 30-19f, as amended by this act, 894
a wine festival permit issued [pursuant to] under section 30-37l, a 895
farmers' market sales permit issued [pursuant to] under subsection (a) 896
of section 30-37o, an off-site farm winery sales and tasting permit issued 897
[pursuant to] under section 30-16a or [of] any combination of such 898
permits; (13) a holder of a manufacturer permit for beer issued under 899
subsection (b) of section 30-16 may be a holder of a farmers' market sales 900
permit issued [pursuant to] under subsection (a) of section 30-37o; (14) 901
the holder of a manufacturer permit for spirits, [a manufacturer permit 902
for beer, a manufacturer permit for] beer, a farm winery or [a 903
manufacturer permit for] wine, cider and mead, issued under 904
subsection (a), (b), (c) or (d), respectively, of section 30-16, may be a 905
holder of a Connecticut craft cafe permit issued under section 30-22d, as 906
amended by this act, a restaurant permit or a restaurant permit for wine 907
and beer issued under section 30-22, as amended by this act; and (15) 908
the holder of a restaurant permit [or] issued under section 30-22, as 909
amended by this act, a cafe permit issued under section 30-22a, as 910
amended by this act, or an in-state transporter's permit issued under 911
section 30-19f, as amended by this act, may be the holder of a seasonal 912
outdoor open-air permit issued [pursuant to] under section 30-22e, as 913
amended by this act. Any person may be a permittee of more than one 914
permit. No holder of a manufacturer permit for [a brew pub] beer issued 915
under subsection (b) of section 30-16 and no spouse or child of such 916
holder may be a holder or backer of more than three restaurant permits 917
issued under section 30-22, as amended by this act, or cafe permits 918
issued under section 30-22a, as amended by this act. 919
Sec. 20. Subsection (c) of section 30-48a of the 2022 supplement to the 920
general statutes is repealed and the following is substituted in lieu 921
thereof (Effective from passage): 922
(c) Membership in any organization which is or may become the 923
holder of a [cafe] club or nonprofit club permit issued [pursuant to 924
subsection (h) of section 30-22a] under section 30-22aa shall not 925 Substitute Bill No. 5330
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constitute acquisition of an interest in a retail permit. 926
Sec. 21. Section 30-53 of the 2022 supplement to the general statutes 927
is repealed and the following is substituted in lieu thereof (Effective from 928
passage): 929
Each permit granted or renewed by the Department of Consumer 930
Protection shall be of no effect until a duplicate thereof has been filed by 931
the permittee with the town clerk of the town within which the club or 932
place of business described in such permit is situated; provided the 933
place of filing [of] for (1) a cafe permit issued [pursuant to] under 934
subsection [(j) or (k)] (h) of section 30-22a, as amended by this act, or a 935
boat operating under an in-state transporter's permit issued under 936
section 30-19f, as amended by this act, shall be the office of the town 937
clerk of the town of New Haven, and (2) an airline [permits,] permit 938
issued under section 30-28a shall be the office of the town clerk of the 939
town of Hartford. The fee for such filing shall be twenty dollars. 940
Sec. 22. Section 30-54 of the 2022 supplement to the general statutes 941
is repealed and the following is substituted in lieu thereof (Effective from 942
passage): 943
Every permittee, other than a corporation holding a cafe permit 944
issued [pursuant to] under subsection [(k)] (h) of section 30-22a, as 945
amended by this act, or an airline permit issued under section 30-28a, 946
shall cause [his or her] such permittee's permit or a duplicate thereof to 947
be framed and hung in plain view in a conspicuous place in any room 948
where the sales so permitted are to be carried on. 949
Sec. 23. Subsections (a) to (e), inclusive, of section 30-91 of the 2022 950
supplement to the general statutes are repealed and the following is 951
substituted in lieu thereof (Effective from passage): 952
(a) The sale, [or the] dispensing, [or] consumption or [the] presence 953
in glasses or other receptacles suitable to [permit] allow for the 954
consumption of alcoholic liquor by an individual in places operating 955
under hotel permits issued under section 30-21, restaurant permits 956 Substitute Bill No. 5330
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issued under section 30-22, as amended by this act, cafe permits issued 957
under section 30-22a, as amended by this act, Connecticut craft cafe 958
permits issued under section 30-22d, as amended by this act, club 959
permits issued under section 30-22aa, restaurant permits for catering 960
establishments issued under section 30-22b, coliseum permits issued 961
under section 30-33a, nonprofit public museum permits issued under 962
section 30-37a, manufacturer permits for beer, a farm winery or wine, 963
cider and mead issued under subsection (b), (c) or (d), respectively, of 964
section 30-16, casino permits issued under section 30-37k, caterer liquor 965
permits issued under section 30-37j and charitable organization permits 966
issued under section 30-37b shall be unlawful on: (1) Monday, Tuesday, 967
Wednesday, Thursday and Friday between the hours of one o'clock a.m. 968
and nine o'clock a.m.; (2) Saturday between the hours of two o'clock a.m. 969
and nine o'clock a.m.; (3) Sunday between the hours of two o'clock a.m. 970
and ten o'clock a.m.; (4) Christmas, except (A) for alcoholic liquor that is 971
served where food is also available during the hours otherwise 972
permitted by this section for the day on which Christmas falls, and (B) 973
by casino permittees at casinos, as defined in section 30-37k; and (5) 974
January first between the hours of three o'clock a.m. and nine o'clock 975
a.m., except that on any Sunday that is January first the prohibitions of 976
this section shall be between the hours of three o'clock a.m. and ten 977
o'clock a.m. 978
(b) Any town may, by vote of a town meeting or by ordinance, reduce 979
the number of hours during which sales under subsection (a) of this 980
section, except sales [pursuant to] under a cafe permit issued [pursuant 981
to] under subsection (d) of section 30-22a, as amended by this act, shall 982
be permissible. In all cases when a town, either by vote of a town 983
meeting or by ordinance, has acted on the sale of alcoholic liquor or the 984
reduction of the number of hours when such sale is permissible, such 985
action shall become effective on the first day of the month succeeding 986
such action and no further action shall be taken until at least one year 987
has elapsed since the previous action was taken. 988
(c) Notwithstanding any provisions of subsections (a) and (b) of this 989 Substitute Bill No. 5330
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section, such sale, [or] dispensing, [or] consumption or presence in 990
glasses in places operating under a cafe permit issued [pursuant to] 991
under subsection (f) of section 30-22a, as amended by this act, shall be 992
unlawful before eleven a.m. on any day, except in that portion of the 993
permit premises which is located in a separate room or rooms entry to 994
which, from the bowling lane area of the establishment, is by means of 995
a door or doors which shall remain closed at all times except to permit 996
entrance and egress to and from the lane area. Any alcoholic liquor sold 997
or dispensed in a place operating under a cafe permit issued [pursuant 998
to] under subsection (f) of section 30-22a, as amended by this act, shall 999
be served in containers such as, but not limited to, plastic or glass. Any 1000
town may, by vote of a town meeting or by ordinance, reduce the 1001
number of hours during which sales under this subsection shall be 1002
permissible. 1003
(d) The sale or dispensing of alcoholic liquor for off-premises 1004
consumption in places operating under package store permits [, drug 1005
store permits] issued under subsection (b) of section 30-20, as amended 1006
by this act, druggist permits issued under section 30-36, manufacturer 1007
permits [for beer or] issued under section 30-16, grocery store beer 1008
permits issued under subsection (c) of section 30-20, as amended by this 1009
act, or religious wine retailer permits issued under section 2 of this act 1010
shall be unlawful on Thanksgiving Day, New Year's Day and Christmas; 1011
and such sale or dispensing of alcoholic liquor for off-premises 1012
consumption in places operating under package store permits, [drug 1013
store] druggist permits, manufacturer permits for beer, [and] grocery 1014
store beer permits and religious wine retailer permits shall be unlawful 1015
on Sunday before ten o'clock a.m. and after six o'clock p.m. and on any 1016
other day before eight o'clock a.m. and after ten o'clock p.m. Any town 1017
may, by a vote of a town meeting or by ordinance, reduce the number 1018
of hours during which such sale shall be permissible. 1019
(e) (1) In the case of any premises operating under a cafe permit [,] 1020
issued under subsection (c) of section 30-22a, as amended by this act, or 1021
a Connecticut craft cafe permit issued under section 30-22d, as amended 1022 Substitute Bill No. 5330
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by this act, and wherein, under the provisions of this section, the sale of 1023
alcoholic liquor is forbidden on certain days or hours of the day, or 1024
during the period when [a cafe] such permit is suspended, it shall 1025
likewise be unlawful to keep such premises open to, or permit [it] such 1026
premises to be occupied by, the public on such days or hours. 1027
(2) In the case of any premises operating under a cafe permit, it shall 1028
be unlawful to keep such premises open to, or permit such premises to 1029
be occupied by, the public between the hours of one o'clock a.m. and six 1030
o'clock a.m. on Monday, Tuesday, Wednesday, Thursday and Friday 1031
and between the hours of two o'clock a.m. and six o'clock a.m. on 1032
Saturday and Sunday or during any period of time when such permit is 1033
suspended, provided the sale, [or the] dispensing or consumption of 1034
alcohol on such premises operating under such cafe permit shall be 1035
prohibited beyond the hours authorized for the sale, [or] dispensing or 1036
consumption of alcohol for such premises under this section. 1037
(3) Notwithstanding any provision of this chapter, in the case of any 1038
premises operating under a cafe permit, it shall be lawful for such 1039
premises to be open to, or be occupied by, the public when such 1040
premises is being used as a site for film, television, video or digital 1041
production eligible for a film production tax credit pursuant to section 1042
12-217jj, provided the sale, [or the] dispensing or consumption of 1043
alcohol on such premises operating under such cafe permit shall be 1044
prohibited beyond the hours authorized for the sale, [or the] dispensing 1045
or consumption of alcohol for such premises under this section. 1046
Sec. 24. Subsection (e) of section 30-22 of the general statutes is 1047
repealed and the following is substituted in lieu thereof (Effective from 1048
passage): 1049
(e) "Restaurant" means space [,] that (1) is located in a suitable and 1050
permanent building, (2) is kept, used, maintained, advertised and held 1051
out to the public to be a place where hot meals are regularly served, [but 1052
which] (3) has no sleeping accommodations for the public, [and which 1053
shall be provided with] (4) has an adequate and sanitary kitchen and 1054 Substitute Bill No. 5330
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dining room, [and] (5) employs at all times an adequate number of 1055
employees, and (6) if such space has no effective separation between a 1056
barroom and a dining room, includes at least four hundred square feet 1057
of dining space, and seating for at least twenty persons, in the dining 1058
room. 1059
Sec. 25. Section 30-22d of the general statutes is repealed and the 1060
following is substituted in lieu thereof (Effective from passage): 1061
(a) For the purposes of this section, "craft cafe" means a space that (1) 1062
is located in a suitable and permanent building, (2) is kept, used, 1063
maintained, advertised and held out to the public to be a place where 1064
alcoholic liquor and food are served at retail for consumption on the 1065
premises, (3) at all times has employed therein an adequate number of 1066
employees, (4) does not include public sleeping accommodations, and 1067
(5) need not necessarily have a dining room or kitchen. 1068
[(a)] (b) A Connecticut craft cafe permit shall allow the retail sale of 1069
alcoholic liquor manufactured in this state to be consumed on the 1070
premises of such craft cafe. The holder of such permit shall also hold a 1071
manufacturer permit issued under section 30-16, and shall keep food 1072
available during [a] the majority of the hours such permit premises are 1073
open [pursuant to] under this subsection for sale to, and consumption 1074
by, customers on [the] such permit premises. The availability of food 1075
from outside vendors located on or near the permit premises, [shall be 1076
deemed compliance with] delivered either directly by such outside 1077
vendors or indirectly through a third party, is sufficient to satisfy such 1078
requirement. The permit premises shall at all times comply with all 1079
regulations of the local department of health. Nothing [herein] in this 1080
section shall be construed to require that any food be sold or purchased 1081
with any alcoholic liquor, [nor shall any] and no rule, regulation or 1082
standard shall be promulgated or enforced [requiring] to require that 1083
[the sale] sales of food be substantial or that the business's receipts [of 1084
the business other than from the sale] from sales of alcoholic liquor 1085
equal any set percentage of total receipts from all sales made [therein] 1086
on the permit premises. A Connecticut craft cafe permit shall allow, with 1087 Substitute Bill No. 5330
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[the prior approval of] the Department of Consumer [Protection] 1088
Protection's prior approval and if allowed under fire, zoning and health 1089
regulations, alcoholic liquor to be served at tables in outside areas that 1090
are screened or not screened from public view. [where permitted by fire, 1091
zoning and health regulations. If not required by] If fire, zoning or 1092
health regulations [,] do not require that such areas be enclosed by a 1093
fence or wall, [enclosing such outside areas shall not be required by the 1094
Department of Consumer Protection] the department shall not require 1095
that such areas be so enclosed. No such fence or wall [used to enclose 1096
such outside areas] shall be less than thirty inches high. [Such] A 1097
Connecticut craft cafe permit shall also authorize the sale, at retail from 1098
the permit premises [of] for consumption off the permit premises, of 1099
sealed containers supplied by the permittee of draught beer. [for 1100
consumption off the premises.] Such sales shall be conducted only 1101
during the hours that the holder of a manufacturer permit for beer 1102
issued under subsection (b) of section 30-16 is permitted to sell alcoholic 1103
liquor under the provisions of subsection (d) of section 30-91, as 1104
amended by this act. Not more than nine gallons of such beer shall be 1105
sold to any person on any day on which the sale of alcoholic liquor is 1106
authorized under the provisions of subsection (a) of section 30-91, as 1107
amended by this act. The annual fee for [a] each Connecticut craft cafe 1108
permit shall be three hundred dollars. 1109
[(b) As used in subsection (a) of this section, "craft cafe" means space 1110
in a suitable and permanent building, kept, used, maintained, 1111
advertised and held out to the public to be a place where alcoholic liquor 1112
and food is served for sale at retail for consumption on the premises but 1113
that does not necessarily serve hot meals, as specified in subsection (a) 1114
of this section, but shall have employed therein at all times an adequate 1115
number of employees. "Cafe" does not include sleeping 1116
accommodations for the public and need not necessarily have a kitchen 1117
or dining room.] 1118
(c) The holder of a Connecticut craft cafe permit may purchase, for 1119
resale on such permit holder's premises, alcoholic liquor [for resale on 1120 Substitute Bill No. 5330
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such permit holder's premises] from the holder of a manufacturer 1121
permit for: (1) [Manufacturer permit for spirits issued pursuant to] 1122
Spirits issued under subsection (a) of section 30-16; [, (2) manufacturer 1123
permit for] (2) beer issued [pursuant to] under subsection (b) of section 1124
30-16; [, (3) manufacturer permit for] (3) a farm winery issued [pursuant 1125
to] under subsection (c) of section 30-16; [,] or (4) [manufacturer permit 1126
for] wine, cider and mead issued [pursuant to] under subsection (d) of 1127
section 30-16. The holder of a Connecticut craft cafe permit shall not 1128
purchase the same type of alcoholic liquor such permit holder 1129
manufactures from any holder of a manufacturer permit specified in 1130
subdivision (1), (2) or (3) of this subsection. The sale of such alcoholic 1131
liquor shall not [be] comprise more than twenty per cent of the 1132
Connecticut craft cafe permit holder's gross annual sales of all alcoholic 1133
liquor sold for [on-premise] on-premises consumption. 1134
Sec. 26. Subsection (c) of section 30-22e of the 2022 supplement to the 1135
general statutes is repealed and the following is substituted in lieu 1136
thereof (Effective from passage): 1137
(c) The seasonal outdoor open-air permit shall be effective either 1138
April first to September thirtieth, inclusive, or May first to October 1139
thirty-first, inclusive, of the same year. Such permit shall be issued by 1140
the Department of Consumer Protection subject to the limitations on 1141
hours of operation for a restaurant permittee, as specified in section 30-1142
91, as amended by this act. [Any] No such permit shall [not] be 1143
renewable, and the [issuance of] department shall not issue a 1144
provisional seasonal outdoor open-air permit. [is prohibited.] Any 1145
backer of the permittee may [only] apply for only one [such] seasonal 1146
outdoor open-air permit per calendar year. The provisions of 1147
subdivision (3) of subsection (b) and subsection (c) of section 30-39, as 1148
amended by this act, do not apply to [such permit] seasonal outdoor 1149
open-air permits. The annual fee for [a] each seasonal outdoor open-air 1150
permit shall be two thousand dollars. 1151
Sec. 27. Section 30-35b of the 2022 supplement to the general statutes 1152
is repealed and the following is substituted in lieu thereof (Effective from 1153 Substitute Bill No. 5330
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passage): 1154
[A ninety-day provisional permit shall allow the retail sale or 1155
manufacture of alcoholic liquor by any] The Department of Consumer 1156
Protection or Liquor Control Commission may, in the department's or 1157
commission's discretion, issue to any applicant, who makes a sworn 1158
application for a liquor permit under section 30-39, as amended by this 1159
act, and such applicant's backer, if any, a ninety-day provisional permit 1160
allowing such applicant and [his or her backer, if any, who has made 1161
application for a liquor permit pursuant to section 30-39 and may be 1162
issued at the discretion of the Liquor Control Commission or the 1163
Department of Consumer Protection] backer to manufacture or sell, at 1164
retail, alcoholic liquor. If such applicant or [such applicant's backer, if 1165
any,] backer causes any delay in the investigation conducted by the 1166
[Department of Consumer Protection] department pursuant to [said] 1167
section 30-39, as amended by this act, [the] such ninety-day provisional 1168
permit shall immediately cease [immediately. Only] to be effective. The 1169
department or commission shall issue only one [such] ninety-day 1170
provisional permit [shall be issued] to any such applicant and [his or 1171
her] applicant's backer [, if any,] for each location of the club or place of 1172
business which is to be operated under such permit. [and such] Such 1173
ninety-day provisional permit shall be nonrenewable, but may be 1174
extended due to delays not caused by the applicant. [Such] The 1175
department or commission shall not extend such permit [shall not be 1176
extended] beyond one year from the filing date, as defined in section 30-1177
39, as amended by this act. The nonrefundable fee for such ninety-day 1178
provisional permit shall be five hundred dollars. 1179
Sec. 28. Section 30-81 of the 2022 supplement to the general statutes 1180
is repealed and the following is substituted in lieu thereof (Effective from 1181
passage): 1182
No person who is [, by statute or regulation,] declared, under any 1183
provision of the general statutes or the regulations of Connecticut state 1184
agencies, to be an unsuitable person to hold a permit to sell alcoholic 1185
liquor shall be allowed to have a financial interest in any [such permit] 1186 Substitute Bill No. 5330
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business that is permitted to sell alcoholic liquor under any provision of 1187
the general statutes or the regulations of Connecticut state agencies. 1188
Except as provided in section 30-90a, no minor shall be employed [in 1189
any premises operating under a cafe permit in any capacity or] in 1190
handling any alcoholic liquor upon, [in] delivering any alcoholic liquor 1191
to [,] or [in] carrying or conveying any alcoholic liquor from [,] any 1192
permit premises. 1193
Sec. 29. Section 30-90 of the 2022 supplement to the general statutes 1194
is repealed and the following is substituted in lieu thereof (Effective from 1195
passage): 1196
Any permittee who, [by himself, his] either personally or through 1197
such permittee's servant or agent, [permits] allows any minor or any 1198
person to whom the sale or gift of alcoholic liquor has been [forbidden 1199
according to] prohibited by law to loiter on [his] the permit premises 1200
where [such] alcoholic liquor is kept for sale, or who allows any minor, 1201
other than a person [over age eighteen who is] who is at least eighteen 1202
years of age and an employee or permit holder under section 30-90a or 1203
a minor accompanied by [his] the minor's parent or guardian, to be in 1204
any room where alcoholic liquor is served at any bar, shall be subject to 1205
the penalties [of] described in section 30-113. For barrooms consisting of 1206
only one room and for permit premises without effective separation 1207
between a barroom and a dining room, [no] an unaccompanied minor 1208
may remain on the permit premises while waiting for and consuming 1209
food prepared on such permit premises. No minor may sit or stand at a 1210
consumer bar without being accompanied by a parent, guardian or 1211
spouse. 1212
Sec. 30. Section 20-578 of the general statutes is repealed and the 1213
following is substituted in lieu thereof (Effective from passage): 1214
(a) Information received by the department, the commission or the 1215
Department of Public Health, through filed reports or inspection or as 1216
otherwise authorized under chapters 418, [and] 420b, 420c and 420f and 1217
sections 20-570 to 20-630, inclusive, shall not be disclosed publicly in 1218 Substitute Bill No. 5330
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such a manner as to identify individuals or institutions, except: (1) In a 1219
proceeding involving the question of licensure or the right to practice; 1220
[,] and (2) in a proceeding where the commission has voted in favor of 1221
formal disciplinary action against a pharmacist or pharmacy licensed 1222
pursuant to this chapter, when such disciplinary action is related to an 1223
error in the dispensing of medication. Nothing in this section shall be 1224
construed to prohibit the commissioner from disclosing information 1225
gained through the inspection of pharmacies and outlets holding 1226
permits for the sale of nonlegend drugs if the commissioner considers 1227
such disclosure to be in the interest of public health. 1228
(b) Notwithstanding the provisions of subsection (a) of this section, 1229
section 21a-265 and chapter 55, the Commissioners of Consumer 1230
Protection and Public Health and the authorized agents of said 1231
commissioners, in carrying out their duties under subsection (a) of this 1232
section, may: (1) Exchange information relating to a license or 1233
registration issued by their respective agencies; [,] or (2) exchange 1234
investigative information relating to violations of this chapter with each 1235
other, [with] the Chief State's Attorney and [with] any agencies charged 1236
with [the enforcement of] enforcing the pharmacy or drug laws of the 1237
United States, this state [and all] or other jurisdictions. 1238
Sec. 31. Section 20-617a of the general statutes is repealed and the 1239
following is substituted in lieu thereof (Effective from passage): 1240
(a) For purposes of this section, "flavoring agent" means an additive 1241
used in food or drugs when such additive: (1) Is used in accordance with 1242
good manufacturing practice principles and in the minimum quantity 1243
required to produce its intended effect; [,] (2) consists of one or more 1244
ingredients generally recognized as safe in food and drugs, has been 1245
previously sanctioned for use in food and drugs by the state or the 1246
federal government [, meets United States Pharmacopeia standards] or 1247
is an additive permitted for direct addition to food for human 1248
consumption pursuant to 21 CFR 172; [,] (3) is inert and produces no 1249
effect other than the instillation or modification of flavor; [,] and (4) is 1250
not greater than five per cent of the total weight of the product. 1251 Substitute Bill No. 5330
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(b) A flavoring agent may be added to a prescription product by: (1) 1252
A pharmacist upon the request of the prescribing practitioner, patient 1253
for whom the prescription is ordered or such patient's agent; [,] or (2) a 1254
pharmacist acting on behalf of a hospital, as defined in section 19a-490. 1255
Sec. 32. Subsection (a) of section 20-621a of the 2022 supplement to 1256
the general statutes is repealed and the following is substituted in lieu 1257
thereof (Effective from passage): 1258
(a) As used in this section: [,] (1) ["long-term care pharmacy"] "Long-1259
term care pharmacy" (A) means a pharmacy licensed under section 20-1260
594, or registered as a nonresident pharmacy under section 20-627, that 1261
stores and dispenses legend drugs and legend devices to patients or 1262
residents of licensed nursing homes, rest homes, residential care homes 1263
or other supervised residential facilities and from which related 1264
pharmaceutical care services are provided, and (B) includes pharmacies 1265
located both inside and outside of such facilities but does not include 1266
those that are part of a licensed hospital; [,] (2) "nursing home" has the 1267
same meaning as provided in section 19a-490; [,] and (3) "automated 1268
prescription dispensing machine" has the same meaning as provided in 1269
section 20-571. A long-term care pharmacy may operate an automated 1270
prescription dispensing machine in a nursing home in accordance with 1271
a protocol approved in writing by the Department of Consumer 1272
Protection, until such time as regulations are adopted pursuant to 1273
subsection (b) of this section. The annual fee to operate an automated 1274
prescription dispensing machine shall be one hundred dollars per 1275
machine. 1276
Sec. 33. Section 21a-248 of the general statutes is repealed and the 1277
following is substituted in lieu thereof (Effective from passage): 1278
(a) A licensed manufacturer or wholesaler may sell and dispense 1279
controlled drugs to any of the following-named persons, but in the case 1280
of schedule II drugs only on an official written order or electronically 1281
through the Drug Enforcement Agency's Controlled Substance 1282
Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) 1283 Substitute Bill No. 5330
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to a physician, dentist or veterinarian; (3) to a person in charge of a 1284
hospital, incorporated college or scientific institution, but only for use 1285
by or in that hospital, incorporated college or scientific institution for 1286
medical or scientific purposes; (4) to a person in charge of a laboratory, 1287
but only for use in that laboratory for scientific and medical purposes; 1288
and (5) to any registrant as defined in subdivision (47) of section 21a-1289
240. 1290
(b) A licensed manufacturer or wholesaler may sell controlled drugs 1291
only to registrants when permitted under federal and state laws and 1292
regulations. 1293
(c) An official [written] order for any schedule I or II drug shall be 1294
signed [in triplicate] by the person giving such order or by [his] such 1295
person's authorized agent and [the original] such order shall be 1296
presented to the person who sells or dispenses the drug or drugs named 1297
therein as provided by federal [laws] law. If such order is accepted by 1298
such person, each party to the transaction shall preserve [his] such 1299
party's copy of such order for a period of three years in such a way so 1300
as to be readily accessible for inspection by any public officer or 1301
employee engaged in the enforcement of this chapter. 1302
(d) The manufacturer or wholesaler shall keep records of all sales and 1303
dispensing of controlled drugs and shall comply fully with applicable 1304
provisions of the federal controlled drug laws and the federal food and 1305
drug laws, and the state food, drug and cosmetic laws in such sale or 1306
dispensing of controlled drugs. 1307
(e) Possession or control of controlled drugs obtained as authorized 1308
by this section shall be lawful only if obtained in the regular course of 1309
the business, occupation, profession, employment or duty of the 1310
possessor. 1311
(f) A person in charge of a hospital, incorporated college or scientific 1312
institution, or of a laboratory, or in the employ of this state or of any 1313
other state, or of any political subdivision thereof, and a master or other 1314 Substitute Bill No. 5330
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proper officer of a ship or aircraft, who obtains controlled drugs under 1315
the provisions of this section or otherwise, shall not administer, or 1316
dispense, or otherwise use such drugs within this state, except within 1317
the scope of [his] such person's, master's or officer's employment or 1318
official duty, and then only for scientific or medicinal purposes or for 1319
the purposes of research or analysis and subject to the provisions of this 1320
chapter. 1321
Sec. 34. Section 28-32 of the general statutes is repealed and the 1322
following is substituted in lieu thereof (Effective from passage): 1323
(a) For purposes of this section and section 28-32a: 1324
(1) (A) "Drugs" means [(A)] (i) substances recognized as drugs in the 1325
official United States Pharmacopoeia, official Homeopathic 1326
Pharmacopoeia of the United States [,] or official National Formulary, 1327
or any supplement to any of said publications, [; (B)] (ii) substances 1328
intended for use in [the diagnosis, cure, mitigation, treatment or 1329
prevention of] curing, diagnosing, mitigating, preventing or treating 1330
disease in [man] humans or other animals, [; (C)] (iii) substances, other 1331
than food, intended to affect the structure or any function of the body of 1332
[man] humans or other animals, [;] and [(D)] (iv) substances intended 1333
for use as a component of any article specified in [subparagraph (A), (B) 1334
or (C)] subparagraph (A)(i), (A)(ii) or (A)(iii) of this subdivision. 1335
(B) "Drugs" does not include devices or their components, parts or 1336
accessories. [;] 1337
(2) (A) "Controlled drugs" means those drugs which contain any 1338
quantity of a substance which has been designated as subject to the 1339
federal Controlled Substances Act, or which has been designated as a 1340
depressant or stimulant drug pursuant to federal food and drug laws, 1341
or which has been designated by the Commissioner of Consumer 1342
Protection pursuant to section 21a-243 as having a stimulant, depressant 1343
or hallucinogenic effect upon the higher functions of the central nervous 1344
system and as having a tendency to promote abuse or psychological or 1345 Substitute Bill No. 5330
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physiological dependence, or both. Such controlled drugs are 1346
classifiable as amphetamine-type, barbiturate-type, cannabis-type, 1347
cocaine-type, hallucinogenic, morphine-type and other stimulant and 1348
depressant drugs. 1349
(B) "Controlled drugs" does not include alcohol, nicotine or caffeine. 1350
[;] 1351
(3) (A) "Controlled substance" means a drug, substance or immediate 1352
precursor in schedules I to V, inclusive, of the Connecticut controlled 1353
substance scheduling regulations adopted pursuant to section 21a-243. 1354
(B) "Controlled substance" does not include alcohol, nicotine or 1355
caffeine. 1356
(4) "Medical devices" means apparatuses, contrivances and 1357
instruments, including their accessories, components and parts, 1358
intended (A) for use in curing, diagnosing, mitigating, preventing or 1359
treating disease in humans or other animals, or (B) to affect the structure 1360
or any function of the body of humans or other animals. 1361
(b) Upon declaration of an emergency by the Governor or the 1362
Governor's authorized representative having authority to declare 1363
emergencies, a hospital pharmacy, pharmacy or registrant authorized 1364
by state or federal law to be in possession of controlled substances may, 1365
in accordance with applicable federal regulations, policies and 1366
guidelines and with prior approval of the Commissioner of Consumer 1367
Protection, transfer or distribute drugs, [or] controlled drugs or medical 1368
devices to a licensed pharmacy, a registrant authorized by state or 1369
federal law to be in possession of controlled substances, or a location 1370
authorized by the commissioner. Such registrant shall record the 1371
transfer accurately and in compliance with all state and federal statutes 1372
and regulations and shall report the transfer, in writing, to the 1373
commissioner. 1374
Sec. 35. Section 21a-79 of the general statutes is repealed and the 1375
following is substituted in lieu thereof (Effective from passage): 1376 Substitute Bill No. 5330
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(a) For the purposes of this section: [(1) "consumer commodity" and 1377
"unit of a consumer commodity" have] 1378
(1) "Alcoholic liquor" has the same meaning as provided in section 1379
30-1, as amended by this act; 1380
(2) "Carbonated soft drink container" means an individual, separate 1381
sealed glass, metal or plastic bottle, can, carton or jar containing a 1382
carbonated liquid soft drink that is sold separately or in packages of not 1383
more than twenty-four individual containers; 1384
(3) "Consumer commodity" has the same meaning as provided in 1385
section 21a-73, except that [consumer commodity] "consumer 1386
commodity" does not include alcoholic liquor [, as defined in 1387
subdivision (3) of section 30-1,] or a carbonated soft drink container; [(2) 1388
"carbonated soft drink container" means an individual, separate, sealed 1389
glass, metal or plastic bottle, can, jar or carton containing a carbonated 1390
liquid soft drink sold separately or in packages of not more than twenty-1391
four individual containers; (3) "universal product coding"] 1392
(4) "Electronic pricing system" means a system that utilizes, by means 1393
of a scanner, universal product coding bar codes in combination with a 1394
cash register to record and total a consumer's purchases; 1395
(5) "Electronic shelf labeling system" means an electronic system that 1396
utilizes an electronic device which (A) is attached to a shelf, or at any 1397
other point of sale, immediately above or below an item, (B) clearly and 1398
conspicuously displays to consumers the price and unit price of a 1399
consumer commodity, and (C) reads the same data as an electronic cash 1400
register scanning system; 1401
(6) "End cap display" means a location in a retail sales area that is at 1402
the immediate end of an aisle; 1403
(7) "Unit of a consumer commodity" has the same meaning as 1404
provided in section 21a-73; and 1405 Substitute Bill No. 5330
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(8) "Universal product coding" means any system of coding that 1406
entails electronic pricing. [; (4) an electronic shelf labeling system is an 1407
electronic system that utilizes an electronic device attached to the shelf 1408
or at any other point of sale, immediately below or above the item, that 1409
conspicuously and clearly displays to the consumer the unit price and 1410
the price of the consumer commodity. Such electronic shelf labeling 1411
system reads the exact same data as the electronic cash register scanning 1412
system; and (5) an electronic pricing system is a system that utilizes the 1413
universal product coding bar code by means of a scanner in combination 1414
with the cash register to record and total a customer's purchases.] 1415
(b) (1) (A) Any person who, or association, corporation, firm [,] or 1416
partnership [, association or corporation] that, [utilizes] uses universal 1417
product coding [in totaling] to total a retail [customer's] consumer's 1418
purchases shall mark, or cause to be marked, each consumer commodity 1419
that bears a [Universal Product Code] universal product code with [its] 1420
such consumer commodity's retail price. 1421
(B) Any person who, or association, corporation, firm [,] or 1422
partnership [, association or corporation] that, [utilizes] uses an 1423
electronic pricing system [in totaling] to total a retail consumer's 1424
purchases shall provide [each] to such consumer [with] an item-by-item 1425
digital display, plainly visible to [the] such consumer as each universal 1426
[pricing] product code is scanned, of the price of each carbonated soft 1427
drink container or consumer commodity, [or carbonated soft drink 1428
container,] or both, which such consumer has selected for purchase [by 1429
such consumer prior to accepting] before such person, association, 1430
corporation, firm or partnership accepts payment from such consumer 1431
for such carbonated soft drink container or consumer commodity, or 1432
[container] both. The provisions of this subparagraph [do] shall not be 1433
construed to apply to any person who, or association, corporation, firm 1434
[,] or partnership [, association or corporation] that, is operating in a 1435
retail sales area of not more than ten thousand square feet. 1436
(2) The provisions of subparagraph (A) of subdivision (1) of this 1437
subsection shall not apply if [:] (A) [The] the Commissioner of Consumer 1438 Substitute Bill No. 5330
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Protection, by regulation, allows for the [utilization] use of electronic 1439
shelf labeling systems, [;] (B) [a retailer is granted] the commissioner 1440
grants to a person, association, corporation, firm or partnership 1441
approval to [utilize] use an electronic shelf labeling system, [by the 1442
commissioner;] (C) [the retailer has demonstrated] the person, 1443
association, corporation, firm or partnership demonstrates, to the 1444
commissioner's satisfaction, [of the commissioner] that such electronic 1445
shelf labeling system is supported by an electronic pricing system that 1446
[utilizes] uses universal product coding [in totaling] to total a retail 1447
[customer's] consumer's purchases, [;] and (D) [the retailer] such person, 1448
association, corporation, firm or partnership has received the 1449
commissioner's approval for such an electronic pricing system. [by the 1450
commissioner.] 1451
(3) The provisions of subparagraph (A) of subdivision (1) of this 1452
subsection shall not apply to a person, association, corporation, firm or 1453
partnership if [:] (A) [The retailer has met] the conditions [of] established 1454
in subdivision (2) of this subsection have been satisfied, [;] and (B) the 1455
[retailer] person, association, corporation, firm or partnership has 1456
received the Commissioner of Consumer Protection's permission [by the 1457
commissioner] to suspend implementation of the electronic pricing 1458
system for a period, not to exceed thirty days, [in order to allow the 1459
retailer] to enable such person, association, corporation, firm or 1460
partnership, or an agent acting on behalf of [the retailer] such person, 1461
association, corporation, firm or partnership, to [reset,] remodel, repair, 1462
reset or otherwise modify such electronic pricing system at the retail 1463
establishment. 1464
(4) The provisions of subparagraph (A) of subdivision (1) of this 1465
subsection shall not apply to a person, association, corporation, firm or 1466
partnership if [:] (A) [The retailer] the person, association, corporation, 1467
firm or partnership applies for, and [is approved for] the Commissioner 1468
of Consumer Protection approves, an exemption [by the Commissioner 1469
of Consumer Protection] for such person, association, corporation, firm 1470
or partnership, (B) [the retailer] such person, association, corporation, 1471 Substitute Bill No. 5330
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firm or partnership demonstrates, to the commissioner's satisfaction, [of 1472
the commissioner] that [the retailer] such person, association, 1473
corporation, firm or partnership has achieved price scanner accuracy of 1474
at least ninety-eight per cent, as determined by the latest version of the 1475
National Institute of Standards and Technology Handbook 130, 1476
"Examination Procedures for Price Verification", as adopted by The 1477
National Conference on Weights and Measures, [",] (C) [the retailer] 1478
such person, association, corporation, firm or partnership pays an 1479
application fee, to be used to offset annual inspection costs, of three 1480
hundred fifteen dollars, if the premises consists of less than twenty 1481
thousand square feet of retail space, [and] or six hundred twenty-five 1482
dollars, if the premises consists of at least twenty thousand square feet 1483
[or more] of retail space, (D) [the retailer] such person, association, 1484
corporation, firm or partnership makes available a consumer price test 1485
scanner that is approved by the commissioner and located prominently 1486
in an easily accessible location for each twelve thousand square feet of 1487
retail floor space, or fraction thereof, and (E) price accuracy inspections 1488
resulting in less than ninety-eight per cent price scanner accuracy are 1489
reinspected, without penalty, and [the retailer] such person, association, 1490
corporation, firm or partnership pays a two-hundred-fifty-dollar 1491
reinspection fee. 1492
(5) Notwithstanding any provision of this subsection, consumer 1493
commodities that are offered for sale and [that are] located on an end 1494
cap display within the retail sales area [are] shall not be subject to the 1495
requirements [specified under] established in this subsection, provided 1496
any information that would otherwise have been made available to a 1497
consumer pursuant to this section is clearly and conspicuously posted 1498
on or adjacent to such end cap. [For purposes of this subdivision, "end 1499
cap display" means the location in the retail sales area that is at the 1500
immediate end of an aisle.] 1501
(6) Consumer commodities that are advertised in a publicly 1502
circulated printed form as being offered for sale at a reduced retail price 1503
for a minimum seven-day period need not be individually marked at 1504 Substitute Bill No. 5330
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such reduced retail price, provided such consumer commodities are 1505
individually marked with their regular retail price and a conspicuous 1506
sign [is] adjacent to such consumer commodities [, which sign] discloses 1507
[:] (A) [The] such reduced retail price and [its] the unit price [;] of such 1508
consumer commodities, and (B) a statement disclosing that [the item] 1509
the cashier will [be] electronically [priced] price such consumer 1510
commodities at [the] such reduced price. [by the cashier.] 1511
(7) (A) [If] Except as provided in subparagraph (B) of this 1512
subdivision, if a consumer commodity is offered for sale and [its] the 1513
consumer commodity's electronic price is higher than the posted price, 1514
then one item of such consumer commodity, up to a value of twenty 1515
dollars, shall be given to the consumer at no cost to the consumer. A 1516
conspicuous sign shall adequately disclose to the consumer that in the 1517
event the electronic price is higher than the posted retail price, one item 1518
of such consumer commodity shall be given to the [customer] consumer 1519
at no cost to the consumer. 1520
(B) The provisions of subparagraph (A) of this subdivision shall not 1521
apply to a person, association, corporation, firm or partnership in cases 1522
where the person, association, corporation, firm or partnership (i) 1523
improperly fails to redeem a digital or paper coupon which, if properly 1524
redeemed, would reduce the price of a consumer commodity, or (ii) fails 1525
to remove a sign adjoining a consumer commodity and disclosing a 1526
time-limited reduced price for the consumer commodity after the time 1527
period specified for such reduced price has expired. 1528
(8) If a consumer presents a digital or paper coupon which, if 1529
properly redeemed, would reduce the price of a consumer commodity 1530
and the person, association, corporation, firm or partnership fails to 1531
properly redeem such coupon, such person, association, corporation, 1532
firm or partnership shall provide to the consumer a refund in an amount 1533
that is equal to the value of such coupon. If a person, association, 1534
corporation, firm or partnership offers a consumer commodity for sale 1535
at a reduced price for a specified time period, and a sign disclosing such 1536
reduced price remains adjacent to the consumer commodity following 1537 Substitute Bill No. 5330
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expiration of such time period, the person, association, corporation, firm 1538
or partnership shall only require a consumer to pay the reduced price 1539
disclosed in such sign for such consumer commodity. 1540
(c) (1) The Commissioner of Consumer Protection may adopt 1541
regulations, in accordance with the provisions of chapter 54, concerning 1542
the marking of prices, and use of universal product coding, on each unit 1543
of a consumer commodity. 1544
(2) The Commissioner of Consumer Protection may adopt 1545
regulations, in accordance with the provisions of chapter 54, designating 1546
not more than twelve consumer commodities that need not be marked 1547
in accordance with the provisions of subdivision (1) of subsection (b) of 1548
this section and specifying the method of providing adequate disclosure 1549
to consumers to [insure] ensure that the electronic pricing of the 1550
designated consumer commodities is accurate. The commissioner may 1551
also establish, by regulation, methods to protect consumers against 1552
electronic pricing errors of such designated consumer commodities and 1553
to [insure] ensure that the electronic prices of such designated consumer 1554
commodities are accurate. Among the methods that the commissioner 1555
may consider are conditions similar to those set forth in subdivision (5) 1556
of subsection (b) of this section. 1557
(d) The Commissioner of Consumer Protection, after providing 1558
notice and conducting a hearing in accordance with the provisions of 1559
chapter 54, may issue a warning citation to, or impose a civil penalty of 1560
not more than one hundred dollars for the first offense and not more 1561
than five hundred dollars for each subsequent offense on, any person [,] 1562
who, or association, corporation, firm [,] or partnership [, association or 1563
corporation] that, violates any provision of subsection (b) of this section, 1564
or any regulation adopted pursuant to subsection (c) of this section. Any 1565
person who, or association, corporation, firm [,] or partnership [, 1566
association or corporation] that, violates any provision of subsection (b) 1567
of this section, or any regulation adopted pursuant to subsection (c) of 1568
this section, shall be fined not more than two hundred dollars for the 1569
first offense and not more than one thousand dollars for each 1570 Substitute Bill No. 5330
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subsequent offense. Each violation with respect to all units of a 1571
particular consumer commodity on any single day shall be deemed a 1572
single offense. 1573
Sec. 36. Section 21a-79b of the general statutes is repealed and the 1574
following is substituted in lieu thereof (Effective from passage): 1575
(a) For the purposes of this section, "consumer commodity" has the 1576
same meaning as provided in section [21a-73, except that "consumer 1577
commodity" does not include alcoholic liquor, as defined in subdivision 1578
(3) of section 30-1, or a carbonated soft drink container] 21a-79, as 1579
amended by this act. 1580
(b) (1) Notwithstanding the provisions of section 21a-79, as amended 1581
by this act, and except as provided in subdivision (2) of this subsection, 1582
if a retailer offers to a consumer a consumer commodity, including, but 1583
not limited to, [fruits] any fruit or [vegetables] vegetable weighed at the 1584
point of sale, [is offered for sale by a retailer] and [its] the price of the 1585
consumer commodity to the consumer at the point of sale is [higher] 1586
greater than the [posted or] advertised or posted retail price for such 1587
consumer commodity, [then] such retailer shall give such consumer 1588
commodity [, up to a value of twenty dollars, shall be given] to [the] 1589
such consumer, at no cost to such consumer, if the value of such 1590
consumer commodity is not more than twenty dollars. [A conspicuous] 1591
Retailers shall post a sign, [shall] in a conspicuous location, which 1592
adequately [disclose] discloses to [the consumer] consumers that in the 1593
event [such] the retail price of a consumer commodity is [higher] greater 1594
than the [posted or] advertised or posted retail price [,] for the consumer 1595
commodity, the retailer shall give such consumer commodity [shall be 1596
given] to the [customer] consumer at no cost to the consumer. 1597
(2) The provisions of subdivision (1) of this subsection shall not apply 1598
to a retailer if the retailer (A) improperly fails to redeem a digital or 1599
paper coupon which, if properly redeemed, would reduce the price of a 1600
consumer commodity, or (B) fails to remove a sign adjoining a consumer 1601
commodity and disclosing a time-limited reduced price for the 1602 Substitute Bill No. 5330
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consumer commodity after the time period specified for such reduced 1603
price has expired. 1604
(c) Notwithstanding the provisions of section 21-79 and except as 1605
provided in subsection (b) of this section, if a consumer presents a 1606
digital or paper coupon which, if properly redeemed, would reduce the 1607
price of a consumer commodity, including, but not limited to, any fruit 1608
or vegetable weighed at the point of sale, and the retailer fails to 1609
properly redeem such coupon, such retailer shall provide to the 1610
consumer a refund in an amount that is equal to the value of such 1611
coupon. If a retailer offers a consumer commodity, including, but not 1612
limited to, any fruit or vegetable weighed at the point of sale, for sale at 1613
a reduced price for a specified time period, and a sign disclosing such 1614
reduced price remains adjacent to the consumer commodity after 1615
expiration of such time period, the retailer shall only require a consumer 1616
to pay the reduced price disclosed in such sign for such consumer 1617
commodity. 1618
[(c)] (d) The Commissioner of Consumer Protection, after providing 1619
notice and conducting a hearing in accordance with the provisions of 1620
chapter 54, may issue a warning citation to, or impose a civil penalty of 1621
not more than one hundred dollars for the first offense and not more 1622
than five hundred dollars for each subsequent offense on, any person 1623
who, or association, corporation, firm [,] or partnership [, association or 1624
corporation] that, violates any provision of subsection (b) or (c) of this 1625
section. Each violation with respect to all units of a particular consumer 1626
commodity on any single day shall be deemed a single offense. 1627
[(d)] (e) The provisions of this section do not apply to any person, 1628
association, corporation, firm [,] or partnership [, association or 1629
corporation] operating in a retail sales area of not more than ten 1630
thousand square feet. 1631
Sec. 37. Section 42-133ff of the general statutes is repealed and the 1632
following is substituted in lieu thereof (Effective from passage): 1633 Substitute Bill No. 5330
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(a) For the purposes of this section: 1634
(1) (A) "Agent" (i) means any person who (I) arranges for the 1635
distribution of services by another person, or (II) leases, rents or sells 1636
tangible or intangible personal, real or mixed property, or any other 1637
article, commodity or thing of value, on behalf of another person, and 1638
(ii) includes, but is not limited to, (I) any person who is duly appointed 1639
as an agent by a common carrier, (II) any person who sells 1640
transportation, travel or vacation arrangements on behalf of another 1641
person who is engaged in the business of furnishing transportation, 1642
travel or vacation services, and (III) any member of a cruise line 1643
association that operates exclusively as an agent for cruise lines to sell 1644
cruise travel products or services. 1645
(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a 1646
common carrier, or (iii) any person engaged in the business of 1647
furnishing transportation, travel or vacation services. 1648
(2) "Charge card" (A) means any card, device or instrument that (i) is 1649
issued, with or without a fee, to a holder and requires the holder to pay 1650
the full outstanding balance due on such card, device or instrument at 1651
the end of each standard billing cycle established by the issuer of such 1652
card, device or instrument, and (ii) may be used by the holder in a 1653
transaction to receive services or lease, purchase or rent tangible or 1654
intangible personal, real or mixed property, or any other article, 1655
commodity or thing of value, and (B) includes, but is not limited to, any 1656
software application that (i) is used to store a digital form of such card, 1657
device or instrument, and (ii) may be used in a transaction to receive 1658
such services or lease, purchase or rent any such property, article, 1659
commodity or thing. 1660
(3) "Credit card" (A) means any card, device or instrument that (i) is 1661
issued, with or without a fee, to a holder, and (ii) may be used by the 1662
holder in a transaction to receive services or lease, purchase or rent 1663
tangible or intangible personal, real or mixed property, or any other 1664
article, commodity or thing of value on credit, regardless of whether 1665 Substitute Bill No. 5330
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such card, device or instrument is known as a credit card, credit plate or 1666
by any other name, and (B) includes, but is not limited to, any software 1667
application that (i) is used to store a digital form of such card, device or 1668
instrument, and (ii) may be used in a transaction to receive such services 1669
or lease, purchase or rent any such property, article, commodity or thing 1670
on credit. 1671
(4) (A) "Debit card" (i) means any card, code, device or other means 1672
of access, or any combination thereof, that (I) is authorized or issued for 1673
use to debit an asset account held, directly or indirectly, by a financial 1674
institution, and (II) may be used in a transaction to receive services or 1675
lease, purchase or rent tangible or intangible personal, real or mixed 1676
property, or any other article, commodity or thing of value regardless of 1677
whether such card, code, device, means or combination is known as a 1678
debit card, and (ii) includes, but is not limited to, (I) any software 1679
application that is used to store a digital form of such card, code, device 1680
or other means of access, or any combination thereof, that may be used 1681
in a transaction to receive such services or lease, purchase or rent any 1682
such property, article, commodity or thing, and (II) any cards, codes, 1683
devices or other means of access, or any combination thereof, commonly 1684
known as automated teller machine cards and payroll cards. 1685
(B) "Debit card" does not mean (i) a check, draft or similar paper 1686
instrument, or (ii) any electronic representation of such check, draft or 1687
instrument. 1688
(5) "Person" means any natural person, corporation, incorporated or 1689
unincorporated association, limited liability company, partnership, 1690
trust or other legal entity. 1691
(6) "Surcharge" means any additional charge or fee that increases the 1692
total amount of a transaction for the privilege of using a particular form 1693
of payment. 1694
(7) (A) "Transaction" means distribution by one person to another 1695
person of any service, or the lease, rental or sale by one person of any 1696 Substitute Bill No. 5330
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tangible or intangible personal, real or mixed property, or any other 1697
article, commodity or thing of value to another person, for a certain 1698
price. 1699
(B) "Transaction" does not mean payment of any (i) fees, costs, fines 1700
or other charges to a state agency authorized by the Secretary of the 1701
Office of Policy and Management under section 1-1j, (ii) taxes, penalties, 1702
interest and fees allowed by the Commissioner of Revenue Services in 1703
accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or 1704
other charges, to a municipality in accordance with section 12-141a, (iv) 1705
fees, costs, fines or other charges to the Judicial Branch in accordance 1706
with section 51-193b, or (v) sum pursuant to any other provision of the 1707
general statutes or regulation of Connecticut state agencies. 1708
[(a)] (b) No [seller] person may impose a surcharge [on a buyer who 1709
elects to use any method of payment, including, but not limited to, cash, 1710
check, credit card or electronic means, in] on any [sales] transaction. 1711
[(b) Any seller who accepts or offers to accept a bank credit card 1712
bearing a trade name as a means of payment shall accept any bank credit 1713
card bearing such trade name presented by a cardholder, 1714
notwithstanding the identity of the card issuer. For the purposes of this 1715
subsection, "bank credit card" means any credit card issued by a bank, 1716
savings bank, savings and loan association or credit union.] 1717
(c) (1) Nothing in this section shall prohibit any [seller] person from 1718
offering a discount [to a buyer] on any transaction to induce [such buyer 1719
to pay] payment by cash, check, debit card [, check] or similar means 1720
rather than by charge card or credit card. No person may offer any such 1721
discount unless such person posts a notice disclosing such discount. 1722
Such person shall clearly and conspicuously (A) post such notice on 1723
such person's premises if such person conducts transactions in-person, 1724
(B) display such notice on the Internet web site or digital payment 1725
application before completing any online transaction or transaction that 1726
is processed by way of such digital payment application, and (C) 1727
verbally provide such notice before completing any oral transaction, 1728 Substitute Bill No. 5330
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including, but not limited to, any telephonic transaction. 1729
(2) In furtherance of the legislative findings contained in section 42-1730
133j, no existing or future agreement or contract [or agreement] shall 1731
prohibit a gasoline distributor or retailer [or distributor] from offering a 1732
discount to a buyer based upon the method [of payment by] such buyer 1733
uses to pay for such gasoline. Any provision in such [contract or] 1734
agreement or contract prohibiting such [retailer or] distributor or 1735
retailer from offering such discount is void and without effect [as] 1736
because such provision is contrary to public policy. 1737
[(d) Nothing in this section shall prohibit any seller from conditioning 1738
acceptance of a credit card on a buyer's minimum purchase. Each seller 1739
shall disclose any such minimum purchase policy orally or in writing at 1740
the point of purchase. For the purposes of this subsection, "at the point 1741
of purchase" includes, but is not limited to, at or on a cash register and 1742
in an advertisement or menu. 1743
(e) No provider of travel services may impose a surcharge on or 1744
reduce the commission paid to a travel agent who acts as an agent for 1745
such provider if the buyer uses a credit card to purchase such provider's 1746
travel services. A violation of any provision of this subsection shall be 1747
deemed an unfair or deceptive trade practice under subsection (a) of 1748
section 42-110b. As used in this subsection, "provider of travel services" 1749
means a person, firm or corporation engaged in the business of 1750
furnishing travel, transportation or vacation services, but does not 1751
include a travel agent, and "travel agent" means a person, firm, 1752
corporation or other entity that (1) is (A) a duly appointed agent of a 1753
common carrier, or (B) a member of a cruise line association and 1754
operates exclusively as an agent for cruise lines in the sale of cruise 1755
travel products or services, and (2) offers or sells travel, transportation 1756
or vacation arrangements as an agent for a provider of travel services, 1757
but does not include a common carrier or an employee of a common 1758
carrier.] 1759
(d) No person shall condition acceptance of a charge card or credit 1760 Substitute Bill No. 5330
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card for a transaction on a requirement that the transaction be in a 1761
minimum amount unless such person discloses such requirement. Such 1762
person shall clearly and conspicuously (1) post such notice on such 1763
person's premises if such person conducts transactions in-person, (2) 1764
display such notice on the Internet web site or digital payment 1765
application before completing any online transaction or transaction 1766
processed by way of such digital payment application, and (3) verbally 1767
provide such notice before completing any oral transaction, including, 1768
but not limited to, any telephonic transaction. 1769
(e) No person may reduce the amount of any commission paid to an 1770
agent for such person in a transaction because a charge card or credit 1771
card was used to provide payment as part of such transaction. 1772
(f) A violation of any provision of this section shall be deemed an 1773
unfair or deceptive trade practice under subsection (a) of section 42-1774
110b. The Commissioner of Consumer Protection may impose an 1775
additional civil penalty for any violation of this section. The amount of 1776
such additional civil penalty shall not exceed five hundred dollars per 1777
violation. Payments of such additional civil penalty shall be deposited 1778
in the consumer protection enforcement account established in section 1779
21a-8a. 1780
(g) The Commissioner of Consumer Protection may adopt 1781
regulations, in accordance with the provisions of chapter 54, to 1782
implement the provisions of this section. 1783
Sec. 38. (NEW) (Effective July 1, 2022) Any contractor who is licensed 1784
under chapter 393 of the general statutes and engaged to perform work 1785
on a private residence, and any person who owns or controls a business 1786
that is engaged to perform work on, or render services concerning, a 1787
private residence through persons licensed under chapter 393 of the 1788
general statutes to perform such work or render such services, shall 1789
include in the invoice or work order for such work or services, provided 1790
such invoice or work order is not signed by the consumer and therefore 1791
may constitute a contract, when complete: (1) The full legal name and 1792 Substitute Bill No. 5330
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license number of such licensed contractor or the licensed contractor of 1793
record for such business for such work or services, which licensed 1794
contractor or licensed contractor of record is liable for the work of any 1795
individual who performs work on such contractor's behalf related to the 1796
invoiced work or services; (2) such licensed contractor's address or, in 1797
the case of a business, the business's address and phone number; (3) a 1798
description of such work or services; (4) the labor and material costs of 1799
such work or services; (5) the date or dates on which such work was 1800
performed or services were rendered; and (6) the complete name of each 1801
licensee who performed such work or rendered such services. For the 1802
purposes of this section, "private residence" has the same meaning as 1803
provided in section 20-419 of the general statutes. 1804
Sec. 39. Section 16a-17 of the general statutes is repealed and the 1805
following is substituted in lieu thereof (Effective from passage): 1806
(a) As used in this section and sections [16a-17] 16a-18 to 16a-20, 1807
inclusive: 1808
[(1) "Fuel" includes electricity, natural gas, petroleum products, coal 1809
and coal products, wood fuels, radioactive materials and any other 1810
resource yielding energy;] 1811
[(2)] (1) "Creating a fuel shortage" means the diminution by 1812
contrivance or artificial means of the supply of fuel to a point below that 1813
needed to meet consumer demands adequately; [.] and 1814
(2) "Fuel" includes coal and coal products, electricity, natural gas, 1815
petroleum products, radioactive materials, wood fuels and any other 1816
resource yielding energy. 1817
(b) As used in sections 16a-21, as amended by this act, 16a-22a and 1818
16a-22k: 1819
(1) "Associated equipment" means a gas line, gas regulator, [gas line,] 1820
sacrificial anode, interconnecting hardware and [such] any other 1821
equipment that is necessary [for the installation and operation of] to 1822 Substitute Bill No. 5330
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install and operate a propane tank; 1823
(2) "Automatic delivery" means the delivery of heating fuel to a 1824
consumer by a dealer [pursuant to] under a system determined by the 1825
dealer of calculating the consumer's heating fuel needs [of the 1826
consumer,] based on the consumer's [consumption of] heating fuel 1827
consumption; 1828
(3) "Cash" (A) means [legal tender,] a certified or cashier's check, 1829
commercial money order, legal tender or equivalent of such [legal 1830
tender,] check, [or] money order [. Cash also] or legal tender, and (B) 1831
includes a guaranteed payment on behalf of a consumer by a 1832
government or community action agency, provided no discount is taken 1833
for the charge as billed; 1834
(4) "Commissioner" means the Commissioner of Consumer 1835
Protection; 1836
(5) "Consumer" means a direct purchaser of heating fuel from a 1837
heating fuel dealer [, when such fuel is the primary source of heat for 1838
residential heating or domestic hot water to] for one or more dwelling 1839
units within a structure having not more than four dwelling units; 1840
(6) "Gallon" means an accepted unit of measure consisting of two 1841
hundred thirty-one cubic inches, for all liquid or gaseous heating fuel, 1842
subject to modifications allowed under regulations adopted pursuant to 1843
section 43-42; 1844
(7) "Heating fuel" means any petroleum-based fuel, including any 1845
petroleum product regulated pursuant to chapter 250, used as the 1846
primary source of residential heating or domestic hot water; [, including 1847
petroleum products regulated pursuant to chapter 250;] 1848
(8) "Heating fuel dealer" or "dealer" means any individual or group 1849
of individuals who, or a cooperative, corporation, firm, limited liability 1850
company or partnership [, corporation, cooperative or limited liability 1851
company] that, offers [the retail sale of] to sell, at retail, heating fuel to a 1852 Substitute Bill No. 5330
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consumer; 1853
(9) "Lessee" means a natural person who rents or leases personal 1854
property under a consumer rental or lease agreement; 1855
(10) "Lessor" means a heating fuel dealer who regularly provides the 1856
use of personal property through consumer rental or lease agreements 1857
and to whom rent is paid at a fixed interval for the use of such property; 1858
(11) "Notice of termination of automatic delivery" means a notice by 1859
a consumer to a dealer providing automatic delivery in which the 1860
consumer requests that the dealer [to] terminate such automatic 1861
delivery; and 1862
(12) "Purchase price" or "commercially reasonable price" means a 1863
price that does not exceed the fair market value of [the] a propane tank 1864
and associated equipment, as applicable. 1865
Sec. 40. Subsection (b) of section 16a-21 of the general statutes is 1866
repealed and the following is substituted in lieu thereof (Effective from 1867
passage): 1868
(b) If a consumer complaint is being mediated or investigated by the 1869
commissioner, the heating fuel dealer, if it owns the tank and has 1870
exclusive fill requirements, may not deny the consumer deliveries of 1871
heating fuel, [from October first to March thirty-first, inclusive,] or fuel 1872
for cooking or power generation, because of the existence of the 1873
mediation or investigation, provided the heating fuel dealer remains the 1874
exclusive supplier of [heating] such fuel and the consumer pays cash for 1875
such fuel upon delivery. 1876
Sec. 41. Subsection (a) of section 16a-23m of the general statutes is 1877
repealed and the following is substituted in lieu thereof (Effective from 1878
passage): 1879
(a) As used in this section, sections 16a-23n to 16a-23s, inclusive, and 1880
section 16a-23v: 1881 Substitute Bill No. 5330
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(1) "Budget plan" means a type of contract offering heating fuel [,] 1882
that may be paid for in advance of, on or after delivery and is paid for 1883
in not less than three installment payments over a period of at least one 1884
hundred twenty days, [or more,] provided the amount required to be 1885
paid as the first payment under such contract is not greater than fifty 1886
per cent of the remaining amount due under [the plan] such contract; 1887
(2) "Capped price plan" means [an agreement where] a contract 1888
which provides that the cost to the consumer [of] for heating fuel shall 1889
not increase above a specified price per gallon and the consumer shall 1890
pay less than [the] such specified price under circumstances specified in 1891
such contract; 1892
(3) "Commissioner" means the Commissioner of Consumer 1893
Protection; 1894
(4) "Consumer" means a direct purchaser of heating fuel from a 1895
heating fuel dealer [, when such fuel is the primary source of heating 1896
fuel for residential heating or domestic hot water to] for one or more 1897
dwelling units within a structure having not more than four dwelling 1898
units; 1899
(5) "Forwards contract" means an agreement between two parties to 1900
buy or sell an asset at a certain future time for a certain price; 1901
(6) "Futures contract" means a standardized, transferable, exchange-1902
traded agreement that requires delivery of heating fuel at a specified 1903
price on a specified future date; 1904
(7) "Gallon" means an accepted unit of measure consisting of two 1905
hundred thirty-one cubic inches, for all liquid or gaseous heating fuel, 1906
subject to modifications allowed under regulations adopted pursuant to 1907
section 43-42; 1908
(8) "Guaranteed price plan", also known as "guaranteed plan", "fixed 1909
price", "full price", "lock in", "capped", "price cap", or other similar 1910
terminology, when used to describe a contract, means a type of contract 1911 Substitute Bill No. 5330
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that is not paid in advance of delivery, offering heating fuel at a 1912
guaranteed future price or at a maximum future price; 1913
(9) "Heating fuel" means any petroleum-based fuel, including any 1914
petroleum product regulated pursuant to chapter 250, used as a primary 1915
source of residential heating or domestic hot water; [, including 1916
petroleum products regulated pursuant to chapter 250;] 1917
(10) "Heating fuel dealer" or "dealer" means any individual or group 1918
of individuals who, or a [firm, partnership, corporation,] cooperative, 1919
[or] corporation, firm, limited liability company or partnership that, 1920
offers [the retail sale of] to sell, at retail, heating fuel to consumers; 1921
(11) "Heating oil" means a [predominantly liquefied] petroleum 1922
product, including a petroleum product known as #1 oil (kerosene), #2 1923
oil (heating oil), #4 oil, bio fuel or any bio fuel blended with 1924
conventionally refined fossil fuel commodities, that (A) is 1925
predominantly liquid at ambient temperatures, [that is] (B) is sold as a 1926
commodity, [and] (C) is a primary source of residential heating or 1927
domestic hot water, [including products known as #2 oil (heating oil), 1928
#1 oil (kerosene), #4 oil, bio fuels, or any bio fuel blended with 1929
conventionally refined fossil fuel commodities] and [that] (D) meets the 1930
requirements of the American Society for Testing and Materials 1931
Standard D396, as amended from time to time; 1932
(12) "Maintain" means retention of the balance, measured in gallons 1933
or other accepted units of measure, of heating fuel that remains to be 1934
delivered to consumers who are party to a guaranteed price plan 1935
contract; 1936
(13) "Physical supply contract" means an agreement for wet barrels 1937
or gallons of heating fuel that [has been] is secured by a heating fuel 1938
dealer; 1939
(14) "Prepaid guaranteed price plan", also known as "buy ahead", 1940
"prebuy", "prebought" or other similar terminology, when used to 1941
describe a contract, means a type of contract offering heating fuel at a 1942 Substitute Bill No. 5330
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guaranteed price, paid for in advance of delivery, but does not include 1943
a budget plan; 1944
(15) "Propane" or "liquefied petroleum gas (LPG)" means a petroleum 1945
product that (A) meets [ASTM] American Society for Testing and 1946
Materials specification D1835, as amended from time to time, [and] (B) 1947
is composed predominantly of [any of the following hydrocarbons or 1948
mixtures thereof: Propane, propylene,] butanes (normal butane or 1949
isobutane), [and] butylenes, propane, propylene or any mixture thereof, 1950
and (C) is intended for use, among other things, as a fuel for residential 1951
heating; and 1952
(16) "Surety bond" means a bond, issued by a licensed insurance 1953
company or banking institution, as surety for a dealer and obligating 1954
[the] surety to the commissioner, in a sum certain, in guaranty of the 1955
dealer's full and faithful performance [by the dealer] of prepaid 1956
guaranteed price plan contracts entered into pursuant to this chapter. 1957
Sec. 42. Section 16a-23o of the general statutes is repealed and the 1958
following is substituted in lieu thereof (Effective from passage): 1959
Any person, firm or corporation required to register as a [home 1960
heating oil or propane gas] heating fuel dealer pursuant to section 16a-1961
23m, as amended by this act, that offers plumbing or heating work 1962
service shall submit evidence, deemed satisfactory by the Commissioner 1963
of Consumer Protection, when registering, that such person, firm or 1964
corporation subcontracts with or employs only persons licensed or 1965
registered pursuant to chapter 393 to perform such work. Such person, 1966
firm or corporation shall attest, when applying for registration as a 1967
heating fuel dealer pursuant to section 16a-23m, as amended by this act, 1968
that all plumbing or heating work service shall be performed in 1969
accordance with the provisions of chapter 393. Anyone registered under 1970
this section who offers such plumbing or heating services shall display 1971
the state license number of the subcontractor or employee performing 1972
such work for the registrant on all commercial vehicles used in their 1973
business and shall display such number in a conspicuous manner on all 1974 Substitute Bill No. 5330
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printed advertisements, bid proposals, contracts, invoices and 1975
stationery used in the business. 1976
Sec. 43. Section 20-334d of the general statutes is repealed and the 1977
following is substituted in lieu thereof (Effective from passage): 1978
(a) As used in this section: 1979
(1) "Accredited continuing professional education" means any 1980
education of an electrician or plumber that is (A) designed to maintain 1981
professional competence in the [pursuit,] practice, pursuit and 1982
standards of electrical work or plumbing and piping work, [and that is] 1983
(B) approved by the commissioner, and [is] (C) provided (i) by an 1984
agency, institution or organization [, institution or agency that is] that 1985
has been approved by the commissioner, and (ii) in-person or through 1986
an online technology platform that includes real-time video with audio, 1987
requires participants to periodically confirm their active engagement 1988
during the educational training session and enables participants to 1989
interact with instructors in real time during the entire educational 1990
training session; 1991
(2) "Certificate of continuing education" means a document [issued to 1992
an electrician or plumber by an organization, institution or agency] that 1993
(A) an agency, institution or organization that has been approved by the 1994
commissioner [that] and offers accredited continuing professional 1995
education [, which (A)] issues to an electrician or plumber, (B) certifies 1996
that an electrician or plumber has satisfactorily completed a specified 1997
number of continuing education hours, and [(B)] (C) bears the (i) name 1998
of such agency, institution or organization, [institution or agency, the] 1999
(ii) title of the program, [the] (iii) dates during which the program was 2000
conducted, [the] (iv) number of continuing education hours 2001
satisfactorily completed, and [the] (v) signature of the director of such 2002
[organization, institution or agency or the signature of the] agency, 2003
institution or organization or of such director's authorized agent; and 2004
(3) "Commissioner" means the Commissioner of Consumer 2005 Substitute Bill No. 5330
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Protection. 2006
(b) The commissioner, with the advice and assistance of the Electrical 2007
Work Board established pursuant to subsection (b) of section 20-331, 2008
shall adopt regulations, in accordance with chapter 54, to: (1) [establish] 2009
Establish additional requirements for accredited continuing 2010
professional education for electricians licensed pursuant to sections 20-2011
330 to 20-341, inclusive; (2) establish qualifying criteria for accredited 2012
continuing professional education programs and establish qualifying 2013
criteria for acceptable certificates of continuing education; and (3) 2014
provide for the waiver of required accredited continuing professional 2015
education for electricians for good cause. Such regulations shall require 2016
not less than four hours per year of accredited continuing professional 2017
education for such electricians, except upon request of the Electrical 2018
Work Board, the commissioner may increase such hours to a maximum 2019
of seven hours. 2020
(c) The commissioner, with the advice and assistance of the Plumbing 2021
and Piping Work Board established pursuant to subsection (d) of section 2022
20-331, shall adopt regulations, in accordance with chapter 54, to: (1) 2023
[establish] Establish additional requirements for accredited continuing 2024
professional education for plumbers licensed pursuant to sections 20-2025
330 to 20-341, inclusive, which regulations shall require not more than a 2026
total of seven hours of accredited continuing professional education 2027
every two years, except in the event of significant changes to the 2028
building code, as approved by the International Code Council, that 2029
relate to plumbing, the commissioner, at such commissioner's 2030
discretion, may require more than a total of seven hours of accredited 2031
continuing professional education every two years; (2) establish 2032
qualifying criteria for accredited continuing professional education 2033
programs and establish qualifying criteria for acceptable certificates of 2034
continuing education; and (3) provide for the waiver of required 2035
accredited continuing professional education for plumbers for good 2036
cause. 2037
(d) Notwithstanding the provisions of subsection (c) of this section, 2038 Substitute Bill No. 5330
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any person who has been issued a P-6, P-7, W-8 or W-9 license pursuant 2039
to section 20-334a and the regulations of Connecticut state agencies shall 2040
not be required to meet the continuing education requirements 2041
established pursuant to subsection (c) of this section. 2042
(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 2043
of this section, all accredited continuing professional education offered 2044
under the provisions of this section shall: (1) Limit class size to (A) fifty 2045
attendees if such accredited continuing professional education is offered 2046
in-person, or (B) twenty-five attendees if such accredited continuing 2047
professional education is offered through an online technology 2048
platform; (2) not be offered or held at the place of business of a licensed 2049
plumbing contractor if such accredited continuing professional 2050
education is for plumbers and offered in-person; and (3) not be offered 2051
or held at the place of business of a licensed electrical contractor if such 2052
accredited continuing professional education is for electricians and 2053
offered in-person. A provider of an accredited continuing professional 2054
education course shall retain an audio-visual recording of such course 2055
for a period of not less than thirty days after completion of such course. 2056
Recordings shall be made available to the department upon the 2057
department's request for such recordings. 2058
Sec. 44. Section 20-500 of the 2022 supplement to the general statutes 2059
is repealed and the following is substituted in lieu thereof (Effective from 2060
passage): 2061
As used in this section and sections [20-500] 20-501 to 20-529e, 2062
inclusive, unless the context otherwise requires: 2063
(1) "Appraisal" means the practice of developing, in conformance 2064
with the USPAP, an opinion of the value of real property. [, in 2065
conformance with the USPAP.] 2066
(2) "Appraisal Foundation" means the not-for-profit corporation 2067
referred to in Section 1121 of Title XI of FIRREA. 2068
(3) "Appraisal management company" means any person, 2069 Substitute Bill No. 5330
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[partnership,] association, corporation, limited liability company or 2070
[corporation] partnership that performs appraisal management 2071
services, [. "Appraisal management company"] but does not include: 2072
(A) An appraiser that enters into [a] an oral or written [or oral] 2073
agreement with another appraiser for the performance of an appraisal, 2074
which is signed by both appraisers upon completion; 2075
(B) An appraisal management company that is a subsidiary owned 2076
and controlled by a financial institution regulated by a federal financial 2077
institution regulatory agency; [. For the purposes of this subdivision, 2078
"financial institution" means a bank, as defined in section 36a-2, an out-2079
of-state bank, as defined in section 36a-2, an institutional lender, any 2080
subsidiary or affiliate of such bank, out-of-state bank or institutional 2081
lender, or other lender licensed by the Department of Banking;] 2082
(C) A department or [unit of a financial institution subject to 2083
regulation by an agency or department of the United States government 2084
or an agency of this state that only receives appraisal requests from an 2085
employee of such financial institution] division of an entity that 2086
provides appraisal management services exclusively to such entity; or 2087
(D) Any local, state or federal agency or department thereof. 2088
(4) "Appraisal management services" means: [any of the following:] 2089
(A) The administration of an appraiser panel; 2090
(B) The recruitment of certified appraisers to be part of an appraiser 2091
panel, including, but not limited to, the negotiation of fees to be paid to, 2092
and services to be provided by, [such] the certified appraisers for their 2093
participation on [such] the appraiser panel; or 2094
(C) The receipt of an appraisal request or order, or an appraisal 2095
review request or order, and the delivery of such request or order to an 2096
appraiser panel. 2097 Substitute Bill No. 5330
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(5) "Appraiser panel" means a network of appraisers who are certified 2098
in accordance with the requirements established by the commission by 2099
regulation, [who] are independent contractors of an appraisal 2100
management company and [who] have: 2101
(A) Responded to an invitation, request or solicitation from an 2102
appraisal management company to perform appraisals (i) requested or 2103
ordered through [such] the appraisal management company, or (ii) 2104
directly for [such] the appraisal management company on a periodic 2105
basis as assigned by [the] such appraisal management company; and 2106
(B) Been selected and approved by [such] the appraisal management 2107
company. 2108
(6) "Bank" has the same meaning as provided in section 36a-2. 2109
[(6)] (7) "Certified appraiser" means a person who has satisfied the 2110
minimum requirements for a category of certification established by the 2111
commission by regulation. Such minimum requirements shall be 2112
consistent with guidelines established by the Appraisal Qualification 2113
Board of the Appraisal Foundation. The categories of certification shall 2114
include [, but may be modified by the commission thereafter,] one 2115
category denoted as "certified residential appraiser" and another 2116
denoted as "certified general appraiser". The commission may modify 2117
such categories of certification. 2118
[(7)] (8) "Commission" means the Connecticut Real Estate Appraisal 2119
Commission appointed under the provisions of section 20-502. 2120
[(8)] (9) "Commissioner" means the Commissioner of Consumer 2121
Protection. 2122
[(9)] (10) "Compliance manager" means a person who holds an 2123
appraiser certification in at least one state and [who] is responsible for 2124
overseeing the implementation of, and compliance with, procedures for 2125
an appraisal management company to: 2126 Substitute Bill No. 5330
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(A) Verify that a person being added to the appraiser panel of the 2127
appraisal management company holds a license in good standing in 2128
accordance with section 20-509; 2129
(B) Maintain detailed records of each appraisal request or order the 2130
appraisal management company receives and of the appraiser who 2131
performs such appraisal; and 2132
(C) Review on a periodic basis the work of all appraisers performing 2133
appraisals for the appraisal management company to ensure that such 2134
appraisals are being conducted in accordance with the USPAP. 2135
[(10)] (11) "Controlling person" means a person who has not had an 2136
appraiser license, [or a] similar license or appraiser certificate denied, 2137
refused [to be renewed] renewal, suspended or revoked in any state 2138
and: [who:] 2139
(A) Is [an owner, officer or director of a partnership,] a director, 2140
officer or owner of an association, corporation, limited liability company 2141
or [corporation] partnership offering or seeking to offer appraisal 2142
management services in this state; 2143
(B) Is employed by an appraisal management company and has the 2144
authority to enter into agreements or contracts [or agreements] for the 2145
performance of appraisal management services or appraisals, or is 2146
appointed or authorized by such appraisal management company to 2147
enter into such agreements or contracts; [or agreements;] or 2148
(C) May exercise authority over, or direct the management or policies 2149
of, an appraisal management company. 2150
[(11)] (12) "Engaging in the real estate appraisal business" means the 2151
act or process of estimating the value of real estate for a fee or other 2152
valuable consideration. 2153
(13) "Financial institution" means a bank, out-of-state bank or 2154
institutional lender, an affiliate or subsidiary of a bank, out-of-state bank 2155 Substitute Bill No. 5330
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or institutional lender or another lender licensed by the Department of 2156
Banking. 2157
[(12)] (14) "FIRREA" means the Financial Institutions, Reform, 2158
Recovery and Enforcement Act of 1989, P.L. 101-73, 103 Stat. 183. 2159
(15) "Out-of-state bank" has the same meaning as provided in section 2160
36a-2. 2161
[(13)] (16) "Person" means an individual. 2162
[(14)] (17) "Provisional appraiser" means a person engaged in the 2163
business of estimating the value of real estate for a fee or other valuable 2164
consideration under the supervision of a certified real estate appraiser 2165
and who meets the minimum requirements, if any, established by the 2166
commission by regulation for provisional appraiser status. 2167
[(15)] (18) "Provisional license" means a license issued to a provisional 2168
appraiser. 2169
[(16)] (19) "Real estate appraiser" or "appraiser" means a person 2170
engaged in the business of estimating the value of real estate for a fee or 2171
other valuable consideration. 2172
[(17)] (20) "USPAP" means the Uniform Standards of Professional 2173
Appraisal Practice issued by the Appraisal Standards Board of the 2174
Appraisal Foundation pursuant to Title XI of FIRREA. 2175
Sec. 45. Section 20-670 of the 2022 supplement to the general statutes 2176
is repealed and the following is substituted in lieu thereof (Effective from 2177
passage): 2178
As used in sections 20-670 to [20-680] 20-681, inclusive, as amended 2179
by this act, and section 46 of this act: 2180
(1) "Certificate" means a certificate of registration issued under 2181
section 20-672. 2182 Substitute Bill No. 5330
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(2) "Commissioner" means the Commissioner of Consumer 2183
Protection or any person designated by the commissioner to administer 2184
and enforce the provisions of sections 20-670 to [20-680] 20-681, 2185
inclusive, as amended by this act, and section 46 of this act. 2186
(3) "Companion services" means nonmedical, basic supervision 2187
services to ensure the safety and well-being [and safety] of a person in 2188
[such] the person's home. 2189
[(4) "Employee" means any person employed by, or who enters into 2190
a contract to perform services for, a homemaker-companion agency, 2191
including, but not limited to, temporary employees, pool employees 2192
and persons treated by such agency as independent contractors.] 2193
(4) "Covenant not to compete" means any agreement or contract that 2194
restricts the right of an individual to provide companion services, home 2195
health services or homemaker services (A) in any geographic area of the 2196
state for any period of time, or (B) to a specific individual. 2197
(5) "Comprehensive background check" means a background 2198
investigation of a prospective employee performed by a homemaker-2199
companion agency, that includes [:] (A) [A] a review of any application 2200
materials prepared or requested by the homemaker-companion agency 2201
and completed by the prospective employee, [;] (B) an in-person or 2202
video-conference interview of the prospective employee, [;] (C) 2203
verification of the prospective employee's Social Security number, [;] (D) 2204
if the [position] prospective employee has applied for a position within 2205
the homemaker-companion agency that requires licensure on the part 2206
of [the] such prospective employee, verification that the required license 2207
is in good standing, [;] (E) a check of the registry established and 2208
maintained pursuant to section 54-257, [;] (F) a local and national 2209
criminal background check of criminal matters of public record based 2210
on the prospective employee's name and date of birth that includes a 2211
search of a multistate and multijurisdiction criminal record locator or 2212
other similar commercial nationwide database with validation, and a 2213
search of the United States Department of Justice National Sex Offender 2214 Substitute Bill No. 5330
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Public Website, conducted by a third-party consumer reporting agency 2215
or background screening company that is accredited by the Professional 2216
Background Screening Association and in compliance with the federal 2217
Fair Credit Reporting Act, [;] (G) if the prospective employee has resided 2218
in this state for less than three years prior to the date of [the] such 2219
prospective employee's application with the homemaker-companion 2220
agency, a review of criminal conviction information from the state or 2221
states where such prospective employee resided during such three-year 2222
period, [;] and (H) a review of any other information that the 2223
homemaker-companion agency deems necessary in order to evaluate 2224
the suitability of the prospective employee for the position. 2225
[(6) "Homemaker services" means nonmedical, supportive services 2226
that ensure a safe and healthy environment for a person in such person's 2227
home, such services to include assistance with personal hygiene, 2228
cooking, household cleaning, laundry and other household chores.] 2229
(6) "Employee" means any person employed by, or who enters into a 2230
contract to perform services for, a homemaker-companion agency, 2231
including, but not limited to, pool employees, temporary employees 2232
and persons the homemaker-companion agency treats as independent 2233
contractors. 2234
(7) (A) "Homemaker-companion agency" means [(A)] any (i) public 2235
or private organization that employs one or more persons and is 2236
engaged in the business of providing companion services or 2237
homemaker services, or [(B) any] (ii) registry. 2238
(B) "Homemaker-companion agency" [shall] does not include (i) a 2239
home health care agency, as defined in subsection (d) of section 19a-490, 2240
or (ii) a home health aide agency, as defined in subsection (e) of section 2241
19a-490. 2242
(8) "Homemaker services" means nonmed ical and supportive 2243
services, including assistance with cooking, household cleaning, 2244
laundry, personal hygiene and other household chores, that ensure a 2245 Substitute Bill No. 5330
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healthy and safe environment for a person in the person's home. 2246
(9) "Immediate family member" means a child by adoption, blood or 2247
marriage or a grandchild, grandparent, parent, sibling or spouse. 2248
[(8)] (10) "Registry" means any person or entity engaged in the 2249
business of supplying or referring an individual to, or placing an 2250
individual with, a consumer for the purpose of enabling the individual 2251
to provide to the consumer companion services or homemaker [or 2252
companion services provided by such individual, when the] services, 2253
provided such individual [providing such services is either] is (A) 2254
directly compensated, in whole or in part, by the consumer, or (B) 2255
[treated, referred to or considered] considered, referred to or treated by 2256
such person or entity as an independent contractor. 2257
[(9)] (11) "Service plan" means a written document, provided by a 2258
homemaker-companion agency to a person utilizing companion 2259
services or homemaker services provided by such agency, that specifies 2260
the anticipated [scope, type, frequency and duration of homemaker or] 2261
duration, frequency, scope and type of the companion services or 2262
homemaker services that are to be provided by such agency for the 2263
benefit of [the] such person. 2264
Sec. 46. (NEW) (Effective from passage) (a) No person, other than an 2265
immediate family member, who is an agent, corporate officer or 2266
employee of a homemaker-companion agency, or has an ownership 2267
interest in a homemaker-companion agency, shall act as an agent under 2268
a power of attorney for any person who has contracted with the 2269
homemaker-companion agency to receive companion services or 2270
homemaker services. 2271
(b) A person receiving companion services or homemaker services 2272
may petition the Commissioner of Consumer Protection for an 2273
exemption from subsection (a) of this section, and the commissioner 2274
may grant such exemption for good cause shown. 2275
Sec. 47. Section 20-338d of the 2022 supplement to the general statutes 2276 Substitute Bill No. 5330
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is repealed and the following is substituted in lieu thereof (Effective from 2277
passage): 2278
(a) For the purposes of this section, "owner" and "private residence" 2279
have the same meanings as provided in section 20-419. 2280
[(a)] (b) No written contract to perform work on a private residence 2281
[, as defined in section 20-419,] by a contractor licensed pursuant to this 2282
chapter or any person who owns or controls a business engaged to 2283
provide the work or services licensed under the provisions of this 2284
chapter by persons licensed for such work, shall be valid or enforceable 2285
against an owner [, as defined in section 20-419,] unless [it: (1) Is in 2286
writing; (2) is] such contract: (1) Is signed by the owner and the 2287
contractor or business; [(3)] (2) contains the entire agreement between 2288
the owner and the contractor or business; [(4)] (3) contains the date of 2289
the transaction; [(5)] (4) contains the name and address of the contractor 2290
and the contractor's license number or, in the case of a business, the 2291
name of the business owner, partner or limited liability member and the 2292
phone number and address of the business, partnership or limited 2293
liability company; [(6)] (5) contains the name and license number of any 2294
licensees performing the work, provided the name and the license 2295
number of a licensee may be amended in writing during the term of the 2296
contract; [(7)] (6) contains a notice [of] disclosing the owner's 2297
cancellation rights in accordance with the provisions of chapter 740 and 2298
subject to the exception set forth in subsection (c) of this section; and 2299
[(8)] (7) contains a starting date and completion date. 2300
(c) Notwithstanding the provisions of chapter 740, no owner shall 2301
cancel a written contract that is subject to the provisions of subsection 2302
(b) of this section if: (1) Such contract was executed for the purpose of 2303
making emergency or immediate repairs that were necessary to protect 2304
persons, personal property or real property; and (2) prior to executing 2305
such contract, the owner provided to the contractor or business owner a 2306
written statement, dated and signed by the owner, describing the 2307
situation requiring such emergency or immediate repairs and expressly 2308
acknowledging that the owner waives the right to cancel such contract 2309 Substitute Bill No. 5330
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in accordance with the provisions of chapter 740. 2310
(d) Each contractor or business owner that enters into a written 2311
contract that is subject to the provisions of subsection (b) of this section 2312
shall deliver and provide to each owner who is a party to such contract, 2313
free of charge, a copy of such contract at the time such contract is 2314
executed. If such contract is amended, such contractor or business 2315
owner shall provide to each owner who is a party to such contract, free 2316
of charge, a copy of such amendment at the time such contract is 2317
amended. 2318
[(b)] (e) Each change in the terms and conditions of a written contract 2319
[specified in] that is subject to the provisions of subsection [(a)] (b) of 2320
this section shall be in writing and shall be signed by the owner and 2321
contractor or business, except that the commissioner may, by 2322
regulations adopted pursuant to chapter 54, dispense with the necessity 2323
for complying with such requirement. 2324
Sec. 48. Section 20-681 of the general statutes is repealed and the 2325
following is substituted in lieu thereof (Effective from passage): 2326
[For purposes of this section "covenant not to compete" means any 2327
contract or agreement that restricts the right of an individual to provide 2328
homemaker, companion or home health services (1) in any geographic 2329
area of the state for any period of time, or (2) to a specific individual.] 2330
Any covenant not to compete is against public policy and shall be void 2331
and unenforceable. 2332
Sec. 49. Subsection (c) of section 21a-10 of the 2022 supplement to the 2333
general statutes is repealed and the following is substituted in lieu 2334
thereof (Effective from passage): 2335
(c) For any Department of Consumer Protection license, certificate, 2336
registration or permit that requires the holder to complete continuing 2337
education requirements, the continuing education requirements shall be 2338
completed within the annual or biannual period that begins and ends 2339
three months prior to the renewal date for the applicable license, 2340 Substitute Bill No. 5330
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certificate, registration or permit, except for licenses issued pursuant to 2341
[chapter] chapters 389 and 400j. 2342
Sec. 50. Section 21a-151 of the general statutes is repealed and the 2343
following is substituted in lieu thereof (Effective from passage): 2344
For the purposes of this section and sections 21a-152 to [21a-160] 21a-2345
159, inclusive, as amended by this act: 2346
(1) "Bakery" means a building or part of a building, including, but not 2347
limited to, a hotel, private institution, restaurant, establishment 2348
operating doughnut-frying equipment or other similar place, where 2349
bread, cakes, cookies, crackers, crullers, doughnuts, [crullers,] macaroni, 2350
pies, [cookies, crackers,] spaghetti [, macaroni] or other food products, 2351
including, but not limited to, canned or frozen baked goods, are made, 2352
either wholly or in part of flour or meal, or offered for sale. [including 2353
frozen or canned baked goods. "Bakery" includes, but is not limited to, 2354
any restaurant, hotel, private institution, establishment operating 2355
doughnut-frying equipment or other similar place that offers such food 2356
products for sale.] 2357
(2) "Food manufacturing establishment" means a building or part of 2358
a building where food is [prepared] canned, cooked, cut, dehydrated, 2359
frozen, milled or repacked for sale to other establishments for human 2360
consumption. [For purposes of this subdivision, "prepared" means a 2361
process of canning, cooking, freezing, dehydrating, milling, repacking 2362
or cutting.] Premises that are used solely for the retail sale or storage of 2363
prepackaged food, and facilities, as described in sections 21a-24a and 2364
22-6r and chapters 417, 419a, 422, 423, 430, 431 and 491, shall not be 2365
considered food manufacturing establishments. 2366
(3) "Food warehouse" means a building or part of a building where 2367
food is stored for wholesale distribution, provided such building or part 2368
of such building is used primarily for the importation, storage or 2369
distribution of packaged food and not for other activities for which a 2370
license is required pursuant to section 21a-152, as amended by this act. 2371 Substitute Bill No. 5330
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Premises licensed pursuant to [said] section 21a-152, as amended by this 2372
act, and facilities, as described in sections 21a-24a and 22-6r and chapters 2373
417, 419a, 422, 423, 430, 431 and 491, shall not be considered food 2374
warehouses. 2375
(4) "Packaged food" means standard or random weight or volume 2376
packages of food commodities that are enclosed in a container or 2377
wrapped in any manner, in advance of wholesale or retail sale, such that 2378
the food commodities cannot be added to or subtracted from the 2379
package or wrapping without breaking or tearing the wrapping, 2380
container or seals on the wrapping or container. 2381
Sec. 51. Section 21a-152 of the general statutes is repealed and the 2382
following is substituted in lieu thereof (Effective from passage): 2383
(a) Each bakery, [food warehouse and] food manufacturing 2384
establishment and food warehouse shall be designed, constructed and 2385
operated as the Commissioner of Consumer Protection directs pursuant 2386
to sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this 2387
act, and chapter 418. [The provisions of this subsection requiring the 2388
commissioner to direct the design and construction of a food warehouse 2389
shall not be required for a food warehouse that was registered in good 2390
standing pursuant to section 21a-160 prior to October 1, 2019, provided 2391
the warehouse is in good repair so that stored food is properly protected 2392
and the premises is free of pests.] Each bakery, food manufacturing 2393
establishment and food warehouse [and food manufacturing 2394
establishment] remains subject to the provisions of chapter 418. 2395
(b) No [person, firm or] corporation, firm or person shall operate a 2396
bakery, food manufacturing establishment or food warehouse [or food 2397
manufacturing establishment] with the intent of producing or storing 2398
products for human consumption without having first obtained from 2399
[said commissioner] the Commissioner of Consumer Protection a 2400
license. [Application] Applications for such license shall be made on 2401
forms, furnished by the commissioner, showing the name and address 2402
of such bakery, food manufacturing establishment or food warehouse. 2403 Substitute Bill No. 5330
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[or food manufacturing establishment.] Bakeries shall show the number 2404
of persons engaged in the production of bread and pastry products, 2405
excluding [porters,] dishwashers, drivers, porters, sales personnel and 2406
other employees not directly engaged in such production. The 2407
commissioner shall cause an inspection to be [made] conducted of the 2408
premises described in the application and, if conditions are found 2409
satisfactory, issue such license. [shall be issued.] No corporation, firm or 2410
person [, firm or corporation] operating a bakery, food manufacturing 2411
establishment or food warehouse, or any agent, employee or servant [or 2412
employee] thereof, shall refuse, hinder or otherwise interfere with the 2413
commissioner's, or the commissioner's authorized representative's, 2414
access [by the commissioner or his authorized representative] to the 2415
bakery, food manufacturing establishment or food warehouse for the 2416
purpose of conducting an inspection. No corporation, firm or person [, 2417
firm or corporation] shall: (1) [sell] Sell or distribute bread, cakes, 2418
cookies, crackers, crullers, doughnuts, [crullers,] macaroni, pies, 2419
[cookies, crackers,] spaghetti [, macaroni] or other food products, 2420
including frozen or canned baked goods, made in whole or in part of 2421
flour or meal, produced in any bakery located within or beyond the 2422
boundaries of this state; [,] (2) sell or distribute food produced in a food 2423
manufacturing establishment located within the boundaries of this 2424
state; [,] or (3) store any food for wholesale distribution in a food 2425
warehouse, unless such bakery, food manufacturing establishment or 2426
food warehouse [or food manufacturing establishment] has obtained a 2427
license from [said] the commissioner. Facilities licensed pursuant to 2428
chapter 417 as food vendors and frozen dessert vendors, and all facilities 2429
licensed pursuant to chapters 419a and 430, shall be exempt from such 2430
licensing requirement. The commissioner may promulgate regulations 2431
excepting out-of-state manufacturers of products [,] commonly known 2432
as brown bread, cookies, crackers [, brown bread] or plum puddings in 2433
hermetically sealed containers and other similar products [,] from the 2434
license provisions of this section. Such license shall be valid for one year 2435
and a fee [therefor] for such license shall be collected as follows: From a 2436
[person, firm or] corporation, firm or person owning or conducting a 2437
bakery in which there are not more than four persons [or fewer] engaged 2438 Substitute Bill No. 5330
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in the production of bread and pastry products, twenty dollars; in which 2439
there are [not fewer than] at least five [nor] but not more than nine 2440
persons so engaged, forty dollars; in which there are [not fewer than] at 2441
least ten [nor] but not more than twenty-four persons so engaged, one 2442
hundred dollars; in which there are [not fewer than] at least twenty-five 2443
[nor] but not more than ninety-nine persons so engaged, two hundred 2444
dollars; in which there are [more than] at least one hundred persons so 2445
engaged, two hundred fifty dollars. The fee for a food [manufacturer] 2446
manufacturing establishment or food warehouse license shall be twenty 2447
dollars annually. [No prior inspection by the commissioner shall be 2448
necessary for a food warehouse registered under section 21a-160 prior 2449
to October 1, 2019, which is required to transfer its registration to a new 2450
license under the provisions of this subsection.] 2451
(c) [A] The Commissioner of Consumer Protection may revoke a 2452
bakery, food manufacturing establishment or food warehouse [or food 2453
manufacturer license may be revoked by said commissioner] license for 2454
any violation of sections 21a-151 to [21a-160] 21a-159, inclusive, as 2455
amended by this act, after a hearing conducted in accordance with 2456
chapter 54. In addition, [a] the commissioner may summarily suspend a 2457
bakery, [or food manufacturer] food manufacturing establishment or 2458
food warehouse license [may be summarily suspended] pending a 2459
hearing if [said] the commissioner has reason to believe that the public 2460
health, safety or welfare imperatively requires emergency action. 2461
[Within] Not later than ten days following the suspension order, [said] 2462
the commissioner shall cause to be held a hearing which shall be 2463
conducted in accordance with the provisions of [said] chapter 54. 2464
Following [said] such hearing, [said] the commissioner shall dissolve 2465
such suspension or order revocation of the bakery, food manufacturing 2466
establishment or food warehouse [or food manufacturer] license. Any 2467
[person, firm or] corporation, firm or person whose license has been 2468
revoked may [make application] apply for a new license and [said] the 2469
commissioner shall act on such application [within] not later than thirty 2470
days [of receipt] after the commissioner receives such application. The 2471
costs of any inspections necessary to determine whether or not an 2472 Substitute Bill No. 5330
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applicant, whose license has been revoked, is entitled to have a new 2473
license granted shall be borne by the applicant at such rates as the 2474
commissioner may determine. [Said] The commissioner may refuse to 2475
grant any bakery, food manufacturing establishment or food warehouse 2476
[or food manufacturer] a license if [he or she] the commissioner finds 2477
that the applicant has evidenced a pattern of noncompliance with the 2478
provisions of sections 21a-151 to [21a-160] 21a-159, inclusive, as 2479
amended by this act. Prima facie evidence of a pattern of noncompliance 2480
shall be established if [said] the commissioner shows that the applicant 2481
has had two or more bakery, food manufacturing establishment or food 2482
warehouse [or food manufacturer] licenses revoked. 2483
(d) All vehicles used in the transportation of bakery, food 2484
manufacturing establishment or food warehouse products shall be kept 2485
in a sanitary condition and shall have the name and address of the 2486
bakery, food manufacturing establishment or food warehouse owner, 2487
operator or distributor legibly printed on both sides. Each compartment 2488
in which unwrapped bakery, food manufacturing establishment or food 2489
warehouse products are transported shall be enclosed in a manner 2490
approved by the commissioner. 2491
(e) The provisions of this section shall not prevent local health 2492
authorities from enforcing orders or regulations concerning the sanitary 2493
condition of retail bakeries. 2494
(f) Any person who desires to obtain a license under the provisions 2495
of sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this 2496
act, shall first obtain and present to the [commissioner] Commissioner 2497
of Consumer Protection a certificate of approval of the location for 2498
which such license is desired. The certificate of approval shall be 2499
obtained from the zoning commission, planning and zoning 2500
commission or local authority of the town, city or borough in which the 2501
facility is located or is proposed to be located. [A] No certificate of 2502
approval shall [not] be required [in the case of the transfer of the last 2503
issued license from one person to another or in the case of a renewal of 2504
a license by the holder of the license] for a new license if the proposed 2505 Substitute Bill No. 5330
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use conforms to existing zoning requirements, for a license renewal by 2506
the license holder or for a transfer by the license holder to another 2507
person of the license most recently issued to such license holder. The 2508
commissioner shall not issue any license under the provisions of 2509
sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this act, 2510
for which a certificate of approval is required until such certificate of 2511
approval is obtained by the license applicant. [The provisions of this 2512
subsection requiring a certificate of approval from the zoning 2513
commission or other local authority shall not apply to any food 2514
warehouse that was registered in good standing pursuant to section 21a-2515
160 prior to October 1, 2019.] 2516
Sec. 52. Section 21a-156 of the general statutes is repealed and the 2517
following is substituted in lieu thereof (Effective from passage): 2518
The commissioner shall, from time to time, after inquiry and public 2519
hearing, adopt and promulgate regulations to supplement and give full 2520
effect to the provisions of sections 21a-151 to [21a-160] 21a-159, 2521
inclusive, as amended by this act. Such regulations, among other things, 2522
may establish sanitary requirements pertaining to the manufacture and 2523
distribution of bread and pastry products. Such regulations may also 2524
cover provisions restricting the sale of dangerous, harmful and 2525
unwholesome bread and pastry products, the labeling of bread and 2526
pastry products, the inspection of bakeries, food manufacturing 2527
establishments and food warehouses and the establishment of costs for 2528
special inspections. The commissioner shall annually review the 2529
amounts of bakery, food manufacturing establishment and food 2530
warehouse license fees referred to in subsection (b) of section 21a-152, 2531
as amended by this act, and shall increase such fees in order to reflect 2532
the costs to the department of carrying out the provisions of sections 2533
21a-151 to [21a-160] 21a-159, inclusive, as amended by this act. 2534
Sec. 53. Section 21a-159 of the general statutes is repealed and the 2535
following is substituted in lieu thereof (Effective from passage): 2536
(a) Any person who violates any provision of sections 21a-151 to [21a-2537 Substitute Bill No. 5330
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160] 21a-159, inclusive, as amended by this act, or any regulation made 2538
thereunder, or fails to comply with an order of the Commissioner of 2539
Consumer Protection, shall: (1) [for] For a first offense, be fined not more 2540
than two hundred fifty dollars; [,] and (2) for [any] each subsequent 2541
offense, be guilty of a class D misdemeanor. 2542
(b) The [commissioner] Commissioner of Consumer Protection may 2543
apply to the Superior Court for, and such court may [,] upon hearing 2544
and for cause shown [,] grant, a temporary or permanent injunction 2545
enjoining any person from operating a bakery, food manufacturing 2546
establishment or food warehouse [or food manufacturing 2547
establishment] without a license issued in accordance with sections 21a-2548
151 to [21a-160] 21a-159, inclusive, as amended by this act, irrespective 2549
of whether or not there exists an adequate remedy at law. The 2550
commissioner also may apply to the Superior Court for, and such court 2551
shall have jurisdiction to grant, a temporary restraining order pending 2552
a hearing. Such application for injunctive or other appropriate relief 2553
shall be brought by the Attorney General. 2554
(c) The Commissioner of Consumer Protection, after providing notice 2555
and conducting a hearing in accordance with the provisions of chapter 2556
54, may issue a warning citation to, or impose a civil penalty of not more 2557
than one hundred dollars for the first offense and not more than five 2558
hundred dollars for each subsequent offense on, any person who 2559
violates any provision of sections 21a-151 to [21a-160] 21a-159, inclusive, 2560
as amended by this act, or any regulation adopted pursuant to section 2561
21a-156, as amended by this act. 2562
Sec. 54. Subsection (a) of section 22-54u of the general statutes is 2563
repealed and the following is substituted in lieu thereof (Effective from 2564
passage): 2565
(a) The preparation, packaging, labeling and sale of honey and maple 2566
syrup produced in this state shall not be subject to the provisions of 2567
sections 21a-91 to 21a-120, inclusive, and sections 21a-151 to [21a-160] 2568
21a-159, inclusive, as amended by this act, and shall be under the 2569 Substitute Bill No. 5330
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licensing, inspection and enforcement authority of the Commissioner of 2570
Agriculture and the commissioner's authorized agents. 2571
Sec. 55. Section 21a-160 of the general statutes is repealed. (Effective 2572
from passage) 2573
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 30-1
Sec. 2 from passage New section
Sec. 3 from passage 30-19f(a) to (c)
Sec. 4 from passage 30-20
Sec. 5 from passage 30-46
Sec. 6 from passage 30-51a
Sec. 7 from passage 30-74(c)
Sec. 8 from passage 30-22a
Sec. 9 from passage 30-12
Sec. 10 from passage 30-14(a)
Sec. 11 from passage 30-16b
Sec. 12 from passage 30-22c(b)
Sec. 13 from passage 30-23a
Sec. 14 from passage 30-24
Sec. 15 from passage 30-24b
Sec. 16 from passage 30-25(a)
Sec. 17 from passage 30-39(b)
Sec. 18 from passage 30-45
Sec. 19 from passage 30-48(a)
Sec. 20 from passage 30-48a(c)
Sec. 21 from passage 30-53
Sec. 22 from passage 30-54
Sec. 23 from passage 30-91(a) to (e)
Sec. 24 from passage 30-22(e)
Sec. 25 from passage 30-22d
Sec. 26 from passage 30-22e(c)
Sec. 27 from passage 30-35b
Sec. 28 from passage 30-81
Sec. 29 from passage 30-90
Sec. 30 from passage 20-578
Sec. 31 from passage 20-617a Substitute Bill No. 5330
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Sec. 32 from passage 20-621a(a)
Sec. 33 from passage 21a-248
Sec. 34 from passage 28-32
Sec. 35 from passage 21a-79
Sec. 36 from passage 21a-79b
Sec. 37 from passage 42-133ff
Sec. 38 July 1, 2022 New section
Sec. 39 from passage 16a-17
Sec. 40 from passage 16a-21(b)
Sec. 41 from passage 16a-23m(a)
Sec. 42 from passage 16a-23o
Sec. 43 from passage 20-334d
Sec. 44 from passage 20-500
Sec. 45 from passage 20-670
Sec. 46 from passage New section
Sec. 47 from passage 20-338d
Sec. 48 from passage 20-681
Sec. 49 from passage 21a-10(c)
Sec. 50 from passage 21a-151
Sec. 51 from passage 21a-152
Sec. 52 from passage 21a-156
Sec. 53 from passage 21a-159
Sec. 54 from passage 22-54u(a)
Sec. 55 from passage Repealer section
GL Joint Favorable Subst.
Statement of Legislative Commissioners:
In Section 23(d), "[for beer]" was changed to "[for beer or]" and a comma
was inserted after "30-16", for consistency; in Section 25(b), "a" was
bracketed, and "the" was inserted after the closing bracket, for accuracy,
and "of" was inserted after "premises,", for clarity; in Section 28, "the"
was inserted before "regulations", for clarity; in Section 34(b), "[drugs
or] controlled drugs, drugs or" was changed to "drugs, [or] controlled
drugs or", for clarity; in Section 35(a)(3), "consumer commodity" was
bracketed, and ""consumer commodity"" was inserted after the closing
bracket, for consistency; in Section 39(b)(8), "who" was inserted after
"individuals", the opening bracket was struck before "corporation" and
the opening bracket was inserted before the comma after "partnership",
and a comma was inserted after "that", for consistency; in Section 43(e),
"the same" was changed to "such recordings", for clarity; in Section Substitute Bill No. 5330
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44(3)(C), "that" was changed to "such", for consistency; in Section 46(b),
a comma was inserted after "section", for clarity; in Section 50(1), "an"
was deleted, for clarity; and in Section 51(b)(1), a comma was inserted
after "meal", for consistency.