Researcher: JSB Page 1 4/29/22
OLR Bill Analysis
sHB 5330 (as amended by House "A")*
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING VARIOUS
REVISIONS TO THE CONSUMER PROTECTION STATUTES.
TABLE OF CONTENTS:
SUMMARY
§ 1 ─ CASE BOTTLE QUANTITIES
Expands the numbers and quantities of bottles allowed in a case of alcoholic liquor
§§ 1, 8, 16-19 & 21 ─ BOATS
Eliminates the provision allowing prior boat permittees to be deemed in compliance with
the cafe permit and allows an in-state transporter’s permit the same rights and privileges
under current law as these cafe permits
§§ 2 & 23 ─ RELIGIOUS WINE RETAILER PERMIT
Establishes a religious wine retailer permit that allows permittees to make retail sales of
sacramental wine to religious organizations
§ 3 — IN-STATE TRANSPORTER PERMIT FOR ALCOHOLIC LIQUOR
Allows an in-state transporter’s permittee to have one permit to cover all their boats and
vehicles under common control, direction, or management
§§ 4, 5 & 7─ CURBSIDE PICKUP OF ALCOHOLIC LIQUOR
Allows package store and grocery store beer permittees to allow curbside pick-up of
previously purchased alcoholic liquor
§§ 6, 9-10 & 12 ─ TECHNICAL CHANGES
Makes various technical changes
§§ 8 & 25 ─ THIRD-PARTY FOOD DELIVERY
Deems food delivery through a third-party as satisfying the requirement that cafe and
Connecticut craft cafe permittees keep food available for sale
§ 8 ─ CAFE PERMITS IN AIRPORTS
Allows additional airports to receive cafe permits for on premises alcohol sales
§§ 11, 13-16, 20 & 23 ─ CLUB AND NONPROFIT CLUB PERMITS
Makes various minor, technical, and conforming changes to implement changes from PA
21-10 that reestablished the club and nonprofit club permits; until June 5, 2024, allows
these permittees to sell and deliver alcoholic liquor for off-premises consumption subject to
specified conditions
§§ 17 & 26 ─ PLACARDING EXEMPTIONS 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 2 4/29/22
Exempts off-site farm winery sales and wine, cider, and mead tasting permits; out-of-state
retailer shipper’s permits for wine; out-of-state winery shipper’s permits for wine; in-state
transporter’s permits; and seasonal outdoor open-air permits from certain notification and
placarding requirements
§ 17 ─ BUILDING, FIRE, ZONING, AND HOUR EXEMPTION
Expands the exemption for providing proof that certain local requirements will be met
§ 18 ─ EXEMPTION TO THE MANDATORY REFUSAL OF PERMITS
FOR CERTAIN INDIVIDUALS
Expands the list of cafe permits that are excluded from the mandatory liquor permit
refusal law
§ 19 ─ HOLDING TWO PERMITS
Allows a backer or permittee of an airline permit and an in-state transporter's permit for a
boat to be a backer or permittee of another permit class
§ 22 ─ AIRLINE PERMITS
Exempts airline permittees from having their permit or a duplicate framed and hung in
plain view
§ 24 ─ RESTAURANT SPACE
Specifies that a dining room must have at least 400 square feet of dining space and seating
for 20 individuals when there is no effective separation
§ 27 ─ PROVISIONAL PERMIT FEES NONREFUNDABLE
Requires a provisional permit application to be sworn rather than affirmed and makes the
90-day provisional permit nonrefundable
§ 28 ─ MINORS EMPLOYED IN CAFES
Specifically allows minors (under age 21) to be employed in any premises with a cafe
permit
§ 30 — DISCLOSURE OF IDENTIFYING INFORMATION
Generally extends to information collected under the state’s medical marijuana and
controlled substance registration laws existing law’s protections against the public
disclosure of identifying information
§ 31— AUTOMATED PRESCR IPTION DISPENSING MACHINES
Expands the definition of “long-term care pharmacy” to additionally allow registered non-
resident pharmacies to use automated prescription dispensing machines in nursing homes
§ 32 — ELECTRONIC ORDERS FOR CONTROLLED SUBSTANCES
Authorizes manufacturers and wholesalers to accept electronic orders for schedule II
controlled substances
§ 33 — TRANSFERS DURING EMERGENCIES
During a declared emergency, authorizes pharmacies and other registrants to transfer a
medical device to another pharmacy, registrant or DCP-approved location
§§ 34 & 35 — GET ONE FREE 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 3 4/29/22
Specifies that in instances when a retailer fails to redeem a coupon or remove a limited
time reduced price sign, the retailer must give the consumer the product at the reduced
price rather than for free
§ 36 — CREDIT CARD SURCHARGE PROHIBITION
Makes various changes to the prohibition on credit card surcharges, including exempting
certain governmental agencies, requiring additional disclosures when there is a minimum
transaction amount or cash discount offer, and deeming violations under the bill as
violations under CUTPA and allowing the DCP commissioner to assess additional
penalties
§ 37 — INVOICES AND WORK ORDERS FOR WORK ON A PRIVATE
RESIDENCE
Requires licensed tradespeople and businesses performing work on private residences to
include certain information in invoices or work orders for completed work and services
§§ 38-41 — CONSUMER HEATING FUEL DEALERS
Expands the prohibition against consumer heating fuel dealers denying fuel deliveries
while a consumer complaint before DCP is pending by extending it to deliveries (1) year-
round and (2) for fuel for cooking or power generation
§ 42 — CONTINUING EDUCATION FOR ELECTRICIANS AND
PLUMBERS
Authorizes electricians and plumbers to take required continuing education online;
establishes requirements (e.g., class size and location) for continuing education
§ 43 — APPRAISAL MANAGEMENT COMPANIES (AMC)
Makes a minor change to address a federal audit of the AMC laws
§§ 44-45 & 47 — HOMEMAKER -COMPANION AGENCIES
Generally prohibits anyone associated with a homemaker-companion agency, other than a
client’s immediate family member, from serving as the client’s agent under a power of
attorney
§ 46 — CONTRACTS FOR WORK ON PRIVATE RESIDENCES
Eliminates a requirement that contracts for work on private residential property by
licensed tradespeople be in writing; requires written contracts to be provided to the
property owner when they are executed or amended; specifies the conditions under which a
property owner can cancel a contract for emergency repairs
§ 48 — CONTINUING EDUCATION DEADLINE FOR ACCOUNTANTS
Makes a conforming change to reflect a law that generally requires public accountants to
complete their continuing education by June 30
§ 49-54 — FOOD WAREHOUSES, BAKERIES, AND FOOD
MANUFACTURING ESTABLISHMENTS
Makes various minor and conforming changes to generally subject food warehouses,
bakeries, and food manufacturing establishments to the same laws; eliminates the
requirement that applicants obtain a certificate of zoning approval if the proposed use
conforms to existing zoning requirements; expands DCP’s authority to issue regulations
§ 55 ─ CANNABIS ADVERTISING 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 4 4/29/22
Eliminates the increase, under sHB 5329, as amended by House “A,” in the minimum
distance required for certain cannabis advertisements from certain buildings; instead
prohibits billboard advertising within 1,500 feet of these same buildings
SUMMARY
This bill makes various changes in the Department of Consumer
Protection (DCP) statutes, including:
1. making various changes in the Liquor Control Act, including
establishing a religious wine retailer permit, allowing certain
curbside alcohol pickup, and making certain minor, technical,
and conforming changes (§§ 1-29);
2. generally extending to information collected under the state’s
medical marijuana and controlled substance registration laws
protections against the public disclosure of identifying
information (§ 30);
3. making various changes in the pharmacy and controlled
substances laws, including (a) allowing DCP-registered non-
resident pharmacies to use automated prescription dispensing
machines in nursing homes and (b) authorizing controlled
substances manufacturers and wholesalers to accept electronic
orders for schedule II controlled substances (§§ 30-33);
4. specifying that retailers must give the consumer the product at
the reduced price rather than for free in certain circumstances (§§
34-35);
5. making various changes to the prohibition on credit card
surcharges, including exempting certain governmental agencies,
and requiring additional disclosures (§ 36);
6. making various changes in the laws regulating licensed
tradespeople, including requiring them to include certain
information in invoices or work orders when working on private
residences (§§ 37, 42, 46 & 48);
7. expanding the prohibition against consumer heating fuel dealers 2022HB-05330-R010686-BA.DOCX
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denying fuel deliveries while a consumer complaint is pending
before DCP (§ 39);
8. generally prohibiting anyone associated with a homemaker-
companion agency, other than a client’s immediate family
member, from serving as the client’s agent under a power of
attorney (§ 45);
9. generally subjecting food warehouses, bakeries, and food
manufacturing establishments to the same laws (§§ 49-54); and
10. eliminating the increase, under sHB 5329, as amended by House
“A,” in the minimum distance required for certain cannabis
advertisements from certain buildings and instead prohibiting
billboard advertising within 1,500 feet of these same buildings(§
55).
*House Amendment “A” eliminates a provision on flavoring agents
used in prescriptions and adds the provision on cannabis advertising.
EFFECTIVE DATE: Upon passage, except the provisions on
tradespeople’s invoices or work orders (§ 38) is effective July 1, 2022.
§ 1 ─ CASE BOTTLE QUANTITIES
Expands the numbers and quantities of bottles allowed in a case of alcoholic liquor
Existing law establishes the quantity and number of bottles generally
allowed in a case of alcoholic liquor (other than beer, cocktails, cordials,
prepared mixed drinks, and wines). The bill expands the allowable
quantities and numbers of bottles to include those shown in the
following table.
Additional Case Bottle Quantities Allowed Under the Bill
Quantity Bottle Size (mL)
6 1,800
12 700
12 720
12 900 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 6 4/29/22
§§ 1, 8, 16-19 & 21 ─ BOATS
Eliminates the provision allowing prior boat permittees to be deemed in compliance with
the cafe permit and allows an in-state transporter’s permit the same rights and privileges
under current law as these cafe permits
PA 19-24, among other things, combined various permits for on-
premises alcohol consumption into the cafe permit, including the boat
permit. PA 21-11, among other things, allowed an in-state transporter’s
permittee for alcoholic liquor, with DCP approval, to sell and serve
alcoholic liquor (e.g., beer, wine, and spirits) for consumption on boats
hired to transport passengers. The bill eliminates the provision allowing
prior boat permittees to be deemed in compliance with the cafe permit
and instead provides boats operating under an in-state transporter’s
permit the same rights and privileges under current law as these cafe
permits.
The bill defines “boat,” as any vessel that (1) operates on any
Connecticut waterway, and (2) engages in transporting passengers for
hire to or from any Connecticut port.
§§ 2 & 23 ─ RELIGIOUS WINE RETAILER PERMIT
Establishes a religious wine retailer permit that allows permittees to make retail sales of
sacramental wine to religious organizations
The bill establishes a religious wine retailer permit, which allows the
holder to import and sell at retail, sacramental wine to religious
organizations. Under the bill, “sacramental wine” is wine used
exclusively for religious or sacramental purposes and exempt from state
alcoholic beverages tax under state regulations (Conn. Agencies Regs.,
§ 12-449-9a). A “religious organization” is (1) any religious corporation,
society, or organization formed or recognized under state law (chapter
598) or (2) any religious organization that is exempt from the state
alcoholic beverages tax.
The sacramental wine must not be consumed on the permit premises
and any wine sale must only take place during permissible hours (i.e.,
Monday through Saturday, from 8:00 a.m. to 10:00 p.m., and Sundays,
from 10:00 a.m. to 6:00 p.m. Permittees cannot sell or dispense alcohol
on Thanksgiving Day, New Year's Day, or Christmas Day). 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 7 4/29/22
The bill requires the permittee to operate at least one retail location
in Connecticut, be primarily engaged in the business of selling religious
supplies that do not contain alcohol, and not hold any other alcoholic
liquor permit. The annual fee for a religious wine retail permit is $250.
Under the bill, a permittee may purchase sacramental wine directly
from a manufacturer, out-of-state shipper, or wholesaler. All wine
shipments must be conspicuously labeled “for sacramental or religious
purposes only." If the permittee imports a supply of any sacramental
wine brand directly from a manufacturer or out-of-state shipper into the
state, the brand does not need to comply with state registration and
price filing requirements.
§ 3 — IN-STATE TRANSPORTER PERMIT FOR ALCOHOLIC
LIQUOR
Allows an in-state transporter’s permittee to have one permit to cover all their boats and
vehicles under common control, direction, or management
PA 21-11 allowed an in-state transporter’s permittee for alcoholic
liquor, with DCP approval, to sell and serve alcoholic liquor for
consumption on boats hired to transport passengers and motor vehicles
in livery services (e.g., limousines). Under current law, one permit
covers all boats and vehicles under common ownership. The bill
expands this provision to also allow one permit to cover boats and
vehicles under common control, direction, or management.
§§ 4, 5 & 7─ CURBSIDE PICKUP OF ALCOHOLIC LIQUOR
Allows package store and grocery store beer permittees to allow curbside pick-up of
previously purchased alcoholic liquor
The bill allows package store and grocery store beer permittees to
allow curbside pick-up of previously purchased alcoholic liquor (e.g.,
spirits, wine, and beer) by (1) the consumer who purchased the alcoholic
liquor or (2) an in-state transporter’s permittee or his or her agent. The
curbside pick-up must be limited to the space immediately adjacent to,
or in the parking lot abutting, the permit premises. The permittees may
allow the curbside pick-up during the hours a package store or grocery
store is allowed to sell alcoholic liquor, unless a more restrictive
municipal ordinance limits the pick-up hours. The bill explicitly
excludes curbside pick-ups from provisions in existing law that prohibit 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 8 4/29/22
drive-up sales of alcoholic liquor.
§§ 6, 9-10 & 12 ─ TECHNICAL CHANGES
Makes various technical changes
The bill makes various technical changes.
§§ 8 & 25 ─ THIRD-PARTY FOOD DELIVERY
Deems food delivery through a third-party as satisfying the requirement that cafe and
Connecticut craft cafe permittees keep food available for sale
By law, cafe and Connecticut craft cafe permittees must keep food
available for sale for the majority of the hours they are open, which may
include outside vendors located on or near the premises. The bill allows
food delivery through a third-party to satisfy the food requirement.
§ 8 ─ CAFE PERMITS IN AIRPORTS
Allows additional airports to receive cafe permits for on premises alcohol sales
The bill allows cafe permits to be issued in any airport rather than
just in the Bradley International Airport. As under existing law, the
location must be in a passenger terminal complex, or adjacent to the
complex and attached by a common partition that is open to the public
or airline club members or their guests, with or without food sales.
§§ 11, 13-16, 20 & 23 ─ CLUB AND NONPROFIT CLUB PERMITS
Makes various minor, technical, and conforming changes to implement changes from PA
21-10 that reestablished the club and nonprofit club permits; until June 5, 2024, allows
these permittees to sell and deliver alcoholic liquor for off-premises consumption subject to
specified conditions
Technical and Conforming Changes
PA 21-10 reestablished the club and nonprofit club alcoholic liquor
permits and eliminated prior provisions that allowed these permittees
to receive a cafe permit. PA 19-24, among other things, combined
various permits for on-premises alcohol consumption into the cafe
permit, including the club and nonprofit club permits. The bill makes
various minor, technical, and conforming changes to implement the
changes from both of these acts.
Off-premises Consumption Sales and Deliveries
Existing law allows manufacturers, hotels, restaurants, and certain 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 9 4/29/22
cafe permittees, until June 5, 2024, to sell and deliver sealed alcoholic
liquor (e.g., beer, wine, or spirits) for off-premises consumption. The bill
extends this same authorization to club and nonprofit permittees,
subject to the same conditions that apply to these other permittees under
existing law. This includes requirements that the:
1. alcoholic liquor sold for off-premises consumption be
accompanied by food prepared on the permit premises;
2. sales be consistent with all local ordinances where the premises
is located;
3. any container other than the manufacturer’s original sealed
container be securely sealed in a way that prevents consumption
without removing the tamper-evident lid, cap, or seal;
4. sales and deliveries be made (a) only during the hours package
stores may operate under state law and (b) by the permittee’s
direct employee (or a third-party vendor or entity that holds an
in-state transporter permit); and
5. sales comply with specified per-customer, per-order limits (i.e.,
196 ounces for beer, one liter for spirits, and 1.5 liters for wine).
§§ 17 & 26 ─ PLACARDING EXEMPTIONS
Exempts off-site farm winery sales and wine, cider, and mead tasting permits; out-of-state
retailer shipper’s permits for wine; out-of-state winery shipper’s permits for wine; in-state
transporter’s permits; and seasonal outdoor open-air permits from certain notification and
placarding requirements
By law, liquor permit applicants are generally required to give notice
of a new permit in the newspaper and place placards visible from the
road that include certain information, such as the business’s name and
location. The bill exempts applicants for the following permits from
these placarding requirements for both new permits and renewals: off-
site farm winery sales and wine, cider, and mead tasting permits; out-
of-state retailer shipper’s permits for wine; out-of-state winery shipper’s
permits for wine; in-state transporter’s permits, including boats
operating under this permit; and seasonal outdoor open-air permits. 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 10 4/29/22
§ 17 ─ BUILDING, FIRE, ZONING, AND HOUR EXEMPTION
Expands the exemption for providing proof that certain local requirements will be met
By law, liquor applicants are generally required to submit documents
sufficient to establish that state and local building, fire, and zoning
requirements and local ordinances concerning hours and days of sale
will be met. Current law exempts prior airport permits deemed in
compliance with a cafe permit from these requirements. The bill
expands the exemption to prior railroad permittees deemed in
compliance with a cafe permit.
§ 18 ─ EXEMPTION TO THE MANDATORY REFUSAL OF PERMITS
FOR CERTAIN INDIVIDUALS
Expands the list of cafe permits that are excluded from the mandatory liquor permit
refusal law
Existing law generally requires DCP to refuse liquor permits to
certain individuals (e.g., state marshals and judges), except for specified
permit types (e.g., out-of-state shipper’s and airline permits). The bill
expands the list of exempted permits to include all cafe permits, rather
than just cafe permits for special outing facilities.
§ 19 ─ HOLDING TWO PERMITS
Allows a backer or permittee of an airline permit and an in-state transporter's permit for a
boat to be a backer or permittee of another permit class
By law, with certain exceptions, permittees of one class are not
allowed to be a permittee of another class (CGS § 30-48(a)).
The bill allows backers and permittees for airline permits and boats
operating under in-state transporter’s permits to be a holder or backer
of one or more other classes of permits. It also allows in-state
transporter's permittees to hold a seasonal outdoor open-air permit.
§ 22 ─ AIRLINE PERMITS
Exempts airline permittees from having their permit or a duplicate framed and hung in
plain view
The bill exempts airline permittees from having their permit or a
duplicate framed and hung in plain view in a conspicuous place in any
room where sales are allowed and carried on. By law, an airline permit
allows airlines to sell or dispense alcohol for consumption to passengers 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 11 4/29/22
while in transit on any aircraft that is operated regularly (CGS § 30-28a).
§ 24 ─ RESTAURANT SPACE
Specifies that a dining room must have at least 400 square feet of dining space and seating
for 20 individuals when there is no effective separation
The bill specifies that, for purposes of a restaurant permit, a dining
room must have at least 400 square feet of dining space and seating for
20 individuals in the dining room, even if the space has no effective
separation between the barroom and dining room. By regulation,
restaurants are already required to have this square footage and seating
capacity (Conn. Agencies Regs., § 30-6-B28).
§ 27 ─ PROVISIONAL PERMIT FEES NONREFUNDABLE
Requires a provisional permit application to be sworn rather than affirmed and makes the
90-day provisional permit nonrefundable
Under current law, DCP or the Liquor Control Commission may
issue a 90-day provisional permit to an applicant or backer who has,
among other things, submitted an affirmed application. The bill instead
requires the applicant to make a sworn application. The bill also makes
the provisional permit’s $500 fee nonrefundable.
§ 28 ─ MINORS EMPLOYED IN CAFES
Specifically allows minors (under age 21) to be employed in any premises with a cafe
permit
The law generally allows anyone over age 16 to be employed by an
alcoholic liquor permittee, except individuals must be at least age 18 to
serve or sell alcohol (CGS § 30-90a). The café permit laws, however,
currently prohibit minors (under age 21) from being employed in any
capacity on any premises operating under a cafe permit. The bill
eliminates this prohibition, thus specifically allowing minors to be
employed on a cafe permit’s premises, subject to the age and liquor
handling restrictions that generally apply to alcoholic liquor permittees.
§ 30 — DISCLOSURE OF IDENTIFYING INFORMATION
Generally extends to information collected under the state’s medical marijuana and
controlled substance registration laws existing law’s protections against the public
disclosure of identifying information
The bill extends, to include information collected under the state’s 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 12 4/29/22
medical marijuana and controlled substance registration laws (e.g.,
filings and inspection reports), a law that generally prohibits DCP, the
Pharmacy Commission, and the Department of Public Health, from
publicly disclosing information that allows the identification of
individuals or institutions. Under existing law unchanged by the bill,
exceptions include disclosure (1) during a proceeding involving
licensure or the right to practice and (2) that the DCP commissioner
deems to be in the interest of public health.
§ 31— AUTOMATED PRESCRIPTION DISPENSING MACHINES
Expands the definition of “long-term care pharmacy” to additionally allow registered non-
resident pharmacies to use automated prescription dispensing machines in nursing homes
The bill expands an authorization to use automated prescription
dispensing machines in nursing homes to DCP-registered non-resident
pharmacies.
Automated prescription dispensing machines are pharmacy-
operated machines and associated software through which the
operators, based on a verified prescription, package and label patient
specific medications that are dispensed by the machine. By law, a
registered nurse or a licensed practical nurse must administer the
dispensed medication packets.
§ 32 — ELECTRONIC ORDERS FOR CONTROLLED SUBSTANCES
Authorizes manufacturers and wholesalers to accept electronic orders for schedule II
controlled substances
Consistent with federal law, the bill authorizes controlled substances
manufacturers and wholesalers to accept electronic orders for schedule
II controlled substances, if the orders are submitted through the Drug
Enforcement Agency's Controlled Substance Ordering System .
Currently, under state law, for schedule II drugs, manufacturers and
wholesalers are only permitted to accept written orders.
The bill correspondingly eliminates a requirement that an order for a
schedule I or II drug be in writing and signed in triplicate (federal rules
similarly eliminated the triplicate form system in 2021).
§ 33 — TRANSFERS DURING EMERGENCIES 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 13 4/29/22
During a declared emergency, authorizes pharmacies and other registrants to transfer a
medical device to another pharmacy, registrant or DCP-approved location
As is already the law for drugs and controlled drugs during a
declared emergency, the bill authorizes pharmacies and other
controlled substances registrants to transfer a medical device, if
permissible under federal law and with prior DCP commissioner
approval, to (1) another pharmacy or registrant or (2) another location
the commissioner authorizes. Registrants must accurately record the
transfer as state and federal law require and report it in writing to the
DCP commissioner. The bill’s authorization applies to emergencies
declared by the governor or his authorized representative.
The bill defines medical devices as apparatuses, contrivances, and
instruments, including their accessories, components, and parts,
intended (1) for curing, diagnosing, mitigating, preventing, or treating
a human or animal disease, or (2) to affect the structure or function of
the human or an animal body.
§§ 34 & 35 — GET ONE FREE
Specifies that in instances when a retailer fails to redeem a coupon or remove a limited
time reduced price sign, the retailer must give the consumer the product at the reduced
price rather than for free
By law, consumers are generally entitled to receive an item for free,
up to a $20 value, if the (1) electronically scanned price is higher than
the posted price or (2) price at the point of sale is higher than the
advertised or posted price. Consistent with agency practice, the bill
specifies that in instances where a person, association, corporation, firm,
or partnership (i.e., retailer) fails to redeem a digital or paper coupon or
remove a limited time reduced price sign, the retailer must give the
consumer the item (including fruits or vegetables weighed at point of
sale) at the reduced price rather than free of cost.
Under the bill, if a retailer fails to redeem a coupon, the retailer must
give the consumer a refund equal to the coupon’s value. In cases where
a retailer fails to remove a limited time reduced price sign, the retailer
must give the reduced price to consumers if the sign is next to the
consumer commodity, even if the time period for the reduced price has
expired. 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 14 4/29/22
As under existing law, these provisions apply only to stores with
retail sales areas of more than 10,000 square feet. The DCP
commissioner, after providing notice and conducting a hearing, may
issue violators a warning citation or impose civil penalties ranging from
$100 to $1,000.
By law, a consumer commodity is any food (including those that are
weighed), drug, device, cosmetic, product, or commodity of any other
class, except prescription drugs, that is customarily produced for retail
sale for individual consumption, personal care, or household purposes
and is usually consumed or expended during consumption or use. It
does not include alcoholic liquor or carbonated soft drink containers
(CGS §§ 21a-73 & - 79b).
The bill also makes various minor, technical, and conforming
changes.
§ 36 — CREDIT CARD SURCHARGE PROHIBITION
Makes various changes to the prohibition on credit card surcharges, including exempting
certain governmental agencies, requiring additional disclosures when there is a minimum
transaction amount or cash discount offer, and deeming violations under the bill as
violations under CUTPA and allowing the DCP commissioner to assess additional
penalties
The bill makes various changes to the prohibition on surcharges. It:
1. exempts certain governmental agencies,
2. extends provisions applying to credit cards to also apply to
charge cards,
3. requires additional disclosures when there is a minimum
transaction amount or cash discount offer,
4. defines previously undefined terms,
5. eliminates a requirement that sellers accept certain trade name
bank cards,
6. expands the prohibition on reducing commission paid to an
agent because a credit card was used to pay, 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 15 4/29/22
7. deems violations an unfair or deceptive trade practice and allows
the DCP commissioner to impose additional civil penalties, and
8. allows the DCP commissioner to adopt regulations to implement
these provisions.
The bill also makes various minor, technical, and conforming changes
Transactions
Current law prohibits sellers from imposing a surcharge on a buyer
who chooses to use any form of payment, including cash, check, credit
card, or other means in any sales transaction. The bill expands this
provision to prohibit any person from imposing a surcharge on any
transaction. Under the bill, a “surcharge” is any additional charge or fee
that increases the transaction’s total amount for the privilege of using a
particular form of payment.
Under the bill, a “person” means any natural person, corporation,
incorporated or unincorporated association, limited liability company,
partnership, trust, or other legal entity. “Transaction” means
distribution by one person to another person of any service, or the lease,
rental, or sale by one person of any tangible or intangible personal, real,
or mixed property, or any other article, commodity, or thing of value to
another person, for a certain price.
The bill specifically exempts certain governmental charges from its
requirements. “Transaction” does not include payment of any:
1. fees, costs, fines, or other charges to a state agency authorized by
the Office of Policy and Management secretary (CGS § 1-1j);
2. taxes, penalties, interest, and fees allowed by the revenue services
commissioner (CGS § 12-39r);
3. taxes, penalties, interest and fees, or other charges, to a
municipality (CGS § 12-141a);
4. fees, costs, fines, or other charges to the judicial branch (CGS §
51-193b); or 2022HB-05330-R010686-BA.DOCX
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5. amounts pursuant to any other provision of the general statutes
or regulation of Connecticut state agencies.
Minimum Transaction Amount
As under current law, if a person (e.g., seller) requires a minimum
transaction amount to use a credit card, the person must disclose the
requirement in writing or orally. The bill extends this requirement to
charge cards.
Additionally, the bill requires the written disclosure to be clearly and
conspicuously posted on the person’s premises if the person conducts
in-person transactions. Current law only requires sellers to disclose the
minimum transaction amount in writing at the point of purchase (e.g.,
at or on a cash register, an advertisement, or menu).
Current law requires a seller to disclose the minimum purchase
policy orally. The bill specifies that it must be done before completing
any oral transaction, including telephone transactions.
The bill also requires the person to display the notice clearly and
conspicuously on the Internet website or digital payment application
before any online transaction or transaction processed by the digital
payment application is completed.
A “charge card” means any card, device, or instrument that (1) is
issued, with or without a fee, to a holder and requires the holder to pay
the full outstanding balance due at the end of each standard billing cycle
the issuer established, and (2) the holder uses in a transaction to receive
services or lease, purchase, or rent tangible or intangible personal, real
or mixed property, or any other article, commodity, or thing of value. It
also includes any software application that (1) is used to store a digital
form of the card, device, or instrument, and (2) may be used in a
transaction to receive these services or lease, purchase, or rent the
property, article, commodity, or thing.
Cash Discount
Under current law, a seller may offer a discount to encourage a cash,
check, debit card, or similar payment over a credit card payment. The 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 17 4/29/22
bill also allows sellers to offer discounts to encourage these payments
over charge card payments. The bill requires anyone offering this
discount to post notice of it in-store, online, or orally in the same way as
the minimum transaction policy (see above).
Definitions
The bill defines several previously undefined terms.
Under the bill, "credit card" (1) means any card, device, or instrument
that (a) is issued, with or without a fee, to a holder, and (b) may be used
by the holder in a transaction to receive services or lease, purchase, or
rent tangible or intangible personal, real or mixed property, or any other
article, commodity, or thing of value on credit, regardless of whether the
card, device, or instrument is known as a credit card, credit plate, or by
any other name. It includes any software application that (1) is used to
store a digital form of such card, device, or instrument, and (2) may be
used in a transaction to receive such services or lease, purchase, or rent
any such property, article, commodity, or thing on credit.
“Debit card” means any card, code, device, or other means of access,
or any combination thereof, that (1) is authorized or issued for use to
debit an asset account held, directly or indirectly, by a financial
institution, and (2) may be used in a transaction to receive services or
lease, purchase, or rent tangible or intangible personal, real or mixed
property, or any other article, commodity, or thing of value regardless
of whether the card, code, device, means, or combination is known as a
debit card. It includes (1) any software application that is used to store
a digital form of such card, code, device, or other means of access, or
any combination thereof, that may be used in a transaction to receive
such services or lease, purchase, or rent any such property, article,
commodity, or thing, and (2) any cards, codes, devices, or other means
of access, or any combination thereof, commonly known as automated
teller machine cards and payroll cards. A “debit card” does not mean
(1) a check, draft, or similar paper instrument, or (2) any electronic
representation of such check, draft, or instrument.
Trade Name Bank Credit Card 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 18 4/29/22
The bill eliminates a provision that requires any seller who accepts or
offers to accept a bank credit card bearing a trade name as payment to
accept any bank credit card with the tradename a cardholder presents,
regardless of the card issuer’s identity.
Prohibition on Reducing Commission
The bill expands to additional industries, current law’s prohibition
on reducing the amount of commission paid to a travel agent because a
credit card was used to pay. The bill expands this prohibition to any
agent, which is anyone who (1) arranges for the distribution of services
by another person, or (2) leases, rents, or sells tangible or intangible
personal, real or mixed property, or any other article, commodity, or
thing of value, on behalf of another person. Under the bill, the
prohibition also applies to charge card transactions.
Violations
Under the bill, any violation of these provisions is deemed an unfair
or deceptive trade practice (CUTPA). Under current law, only violations
of provision prohibiting reducing commission are CUTPA violations.
The bill also allows the DCP commissioner to impose an additional
civil penalty of up to $500 per violation. Civil penalty payments must be
deposited into the consumer protection enforcement account.
By law, CUTPA prohibits businesses from engaging in unfair and
deceptive acts or practices. It allows the DCP commissioner to issue
regulations defining an unfair trade practice, investigate complaints,
issue cease and desist orders, order restitution in cases involving less
than $10,000, enter into consent agreements, ask the attorney general to
seek injunctive relief, and accept voluntary statements of compliance. It
also allows individuals to sue. Courts may issue restraining orders;
award actual and punitive damages, costs, and reasonable attorney’s
fees; and impose civil penalties of up to $5,000 for willful violations and
up to $25,000 for a restraining order violation.
§ 37 — INVOICES AND WORK ORDERS FOR WORK ON A PRIVATE
RESIDENCE 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 19 4/29/22
Requires licensed tradespeople and businesses performing work on private residences to
include certain information in invoices or work orders for completed work and services
The bill requires certain tradespeople and businesses performing
work on private residences to include the following information on
invoices or work orders for completed work and services:
1. the legal name and license number of the licensed contractor or
the responsible licensed contractor of record;
2. the name of each licensee who performed work;
3. the contractor's address or, in the case of a business, the
business's address and phone number; and
4. a description of the work or services performed, including the
dates it was done and the labor and material costs.
Under the bill, these requirements do not apply to invoices or work
orders that are signed by consumers and, therefore, are a contract.
The bill’s requirement applies to work performed on private
residences (generally one-to-six unit residential properties and
condominium or common interest communities of any size) by a
licensed contractor in the elevator installation, repair, and maintenance;
fire protection sprinkler systems; flat glass work; gas hearth; heating,
piping, and cooling; irrigation; plumbing and piping; residential star
lift; sheet metal; solar; swimming pool; and electrical fields. It also
applies to the people who own or control businesses that perform work
or provide services to these residences through the same licensed
tradespeople.
§§ 38-41 — CONSUMER HEATING FUEL DEALERS
Expands the prohibition against consumer heating fuel dealers denying fuel deliveries
while a consumer complaint before DCP is pending by extending it to deliveries (1) year-
round and (2) for fuel for cooking or power generation
Existing law establishes conditions under which a heating fuel dealer
who owns a residential tank and has exclusive fill requirements is
barred from refusing to make fuel deliveries to a consumer because of a
complaint DCP is mediating or investigating. Currently, these dealers 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 20 4/29/22
are barred from refusing deliveries from October 1 to March 31 if the (1)
dealer is the only supplier and (2) consumer pays cash upon delivery.
The bill eliminates the seasonal nature of the ban, making it apply year-
round.
The bill also appears to expand this prohibition to deliveries of fuel
used for cooking or power generation. However, the bill does not
change existing laws to incorporate the broader range of covered fuels,
dealers, and consumers. (Existing law, unchanged by the bill, defines
“consumer” as a purchaser of fuel used as the primary source of
residential heat or domestic hot water. Similarly, the bill applies to
“heating fuel dealers,” which are defined under existing law as dealers
of petroleum-based fuels that are used as the primary source of
residential heat or domestic hot water. Because these terms do not
capture buyers and sellers of cooking or power generation fuels, it is
unclear whether the bill will capture transactions involving cooking or
power generation fuel deliveries.)
The bill also makes numerous technical and conforming changes.
§ 42 — CONTINUING EDUCATION FOR ELECTRICIANS AND
PLUMBERS
Authorizes electricians and plumbers to take required continuing education online;
establishes requirements (e.g., class size and location) for continuing education
Current regulations require continuing education (CE) for
tradespeople in the electrical and plumbing and piping fields to be
conducted in a classroom-style facility and prohibit correspondence
courses (Conn. Agencies Regs. § 20-334d-1). The bill broadens the types
of CE courses that may be offered to include online courses that (1)
include real-time video with audio, (2) require participants to
periodically confirm their active engagement, and (3) allow participants
to interact with instructors in real time during the entire CE session.
The bill also establishes additional requirements for these in-person
and online CE courses. Under the bill, the courses must:
1. be limited to 50 attendees if offered in-person, and 25 attendees
if online; and 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 21 4/29/22
2. not be offered or held at a licensed plumbing or electrical
contractor’s place of business if the course is for plumbers or
electricians, respectively, and offered in-person.
Under the bill, CE providers must (1) retain an audio-visual
recording of their online or in-person course for at least 30 days and (2)
make the recordings available at DCP’s request.
The bill also makes technical and conforming changes.
§ 43 — APPRAISAL MANAGEMENT COMPANIES (AMC)
Makes a minor change to address a federal audit of the AMC laws
The bill makes a minor change to the definition of AMC to address a
federal audit recommendation. Currently, the definition of AMC
excludes a financial institution’s department or unit that (1) is regulated
by a Connecticut or federal agency and (2) only receives appraisal
requests from the financial institution’s employees. The bill repeals this
qualification and instead specifies that AMCs exclude departments or
divisions of an entity providing appraisal management services
exclusively to that entity.
Under existing law unchanged by the bill, the following are also not
considered AMCs:
1. an appraiser that enters into an agreement with another
appraiser to perform an appraisal, if the appraisal is signed by
both appraisers upon completion;
2. an AMC that is a subsidiary owned and controlled by a financial
institution regulated by a federal financial institution regulatory
agency (i.e., a bank, out-of-state bank, or institutional lender (or
any of their subsidiaries or affiliates) or another lender licensed
by the Department of Banking); and
3. any local, state, or federal agency or department.
The bill also makes a number technical and conforming changes.
§§ 44-45 & 47 — HOMEMAKER -COMPANION AGENCIES 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 22 4/29/22
Generally prohibits anyone associated with a homemaker-companion agency, other than a
client’s immediate family member, from serving as the client’s agent under a power of
attorney
The bill prohibits homemaker-companion agencies’ owners, agents,
corporate officers, and employees (other than a client’s immediate
family member) from serving as a client’s agent under a power of
attorney. The client may petition the DCP commissioner for an
exemption, which may be granted for good cause shown.
The bill defines “immediate family member" as a child by adoption,
blood, or marriage; grandchild; grandparent; parent; sibling; or spouse.
The bill also makes technical and conforming changes.
§ 46 — CONTRACTS FOR WORK ON PRIVATE R ESIDENCES
Eliminates a requirement that contracts for work on private residential property by
licensed tradespeople be in writing; requires written contracts to be provided to the
property owner when they are executed or amended; specifies the conditions under which a
property owner can cancel a contract for emergency repairs
Applicable Contracts
The bill makes several changes to a law enacted in 2021 that requires
contracts for work on private residential property by licensed
tradespeople to meet certain specifications in order to be valid or
enforceable against the owner. Specifically, the bill:
1. limits the application of this law to written contracts only,
excluding oral contracts between a property owner and
contractor (or employing business) and
2. requires contractors (or the employing businesses) that enter into
these written contracts to deliver and give to each owner who is
a party to the contract a copy of it when it is executed or
amended, for free.
As under existing law, the bill’s provisions apply to work performed
by a licensed contractor in the elevator installation, repair, and
maintenance; fire protection sprinkler systems; flat glass work; gas
hearth; heating, piping, and cooling; irrigation; plumbing and piping;
residential star lift; sheet metal; solar; swimming pool; and electrical 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 23 4/29/22
fields. It applies to work on private residences, which are generally one-
to-six unit residential properties and condominium or common interest
communities of any size.
Emergency or Immediate Repairs
The bill specifies that an owner’s cancellation rights under the Home
Solicitation Sales Act do not apply when:
1. a written contract was executed for the purpose of making
emergency or immediate repairs that were necessary to protect
people or real or personal property; and
2. prior to executing the written contract, the owner gave the
contractor (or employing business) a written, signed, and dated
statement (a) describing the situation requiring emergency or
immediate repairs and (b) expressly waiving the right to cancel
the contract under the Home Solicitation Sales Act.
The bill’s provisions supersede those in the Home Solicitation Sales
Act that exempt a transaction from the Act’s coverage if the consumer
(1) initiates the transaction to resolve a personal emergency and (2) gives
the seller a separate handwritten, signed, and dated description of the
emergency and expressly waives his or her cancellation rights.
The bill requires the portion of a written contract between a
contractor (or employing business) and a property owner that discloses
an owner’s cancellation rights under the Home Solicitation Sales Act to
include notice that those rights are subject to the bill’s emergency repair
exception.
§ 48 — CONTINUING EDUCATION DEADLINE FOR ACCOUNTANTS
Makes a conforming change to reflect a law that generally requires public accountants to
complete their continuing education by June 30
Generally, the law requires DCP credential holders to complete their
required CE at least three months before the credential’s annual or
biennial renewal date. But another existing law specifically requires
certified public accountants to complete their annual CE by June 30 or
face higher renewal fees (CGS § 20-281d). 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 24 4/29/22
The bill makes a conforming change to explicitly exempt public
accountants from the general rule.
§ 49-54 — FOOD WAREHOUSES, BAKERIES, AND FOOD
MANUFACTURING ESTABLISHMENTS
Makes various minor and conforming changes to generally subject food warehouses,
bakeries, and food manufacturing establishments to the same laws; eliminates the
requirement that applicants obtain a certificate of zoning approval if the proposed use
conforms to existing zoning requirements; expands DCP’s authority to issue regulations
The bill makes several minor and conforming changes to uniformly
regulate bakeries, food warehouses, and food manufacturing
establishments. Specifically, it:
1. subjects food manufacturing establishments to the same vehicle
and transporting requirements applicable to bakeries and food
warehouses (e.g., requiring that the vehicles be kept in a sanitary
condition and have enclosed compartments in which unwrapped
products are transported);
2. authorizes the DCP commissioner to summarily suspend a food
warehouse license pending a hearing if she believes emergency
action is necessary, just as existing law allows for bakery and
food manufacturing licenses; and
3. expands DCP’s authority to issue regulations to include
regulations on (a) inspecting food warehouses and
manufacturing establishments and (b) adjusting license fees for
food manufacturing establishments.
Applicants for a new bakery, food warehouse, or food
manufacturing establishment license must provide to DCP a certificate
of zoning compliance for the proposed location. The bill exempts them
from this requirement if the proposed use conforms to the
municipality’s existing zoning requirements (presumably, the applicant
will attest to this). Current law exempts only food warehouses that were
registered in good standing before October 2019. By law, unchanged by
the bill, no certificate is required for license renewals or transfers.
Grandfathered Food Warehouses 2022HB-05330-R010686-BA.DOCX
Researcher: JSB Page 25 4/29/22
The bill also reestablishes the DCP commissioner’s authority to direct
the design and construction of specified food warehouses. Current law
exempts food warehouses from this oversight if they were registered in
good standing before October 2019, in good repair, free of pests, and
store food properly. The bill eliminates this exemption, presumably,
subjecting these warehouses to the commissioner’s authority when they
are being expanded or modified. It also reestablishes the commissioner’s
authority to inspect a warehouse before issuing a license, even if the
warehouse was registered before October 2019 and transferred its
registration to a new license.
The bill also makes a number technical and conforming changes.
§ 55 ─ CANNABIS ADVERTISING
Eliminates the increase, under sHB 5329, as amended by House “A,” in the minimum
distance required for certain cannabis advertisements from certain buildings; instead
prohibits billboard advertising within 1,500 feet of these same buildings
sHB 5329 (§ 8), as amended by House “A” and passed by the House,
among other things, increases the minimum distance, from 500 to 1,500
feet, needed to advertise cannabis or cannabis products or
paraphernalia in any physical form visible to the public from certain
buildings (i.e., elementary or secondary school grounds, houses of
worship, recreation centers or facilities, child care centers, playgrounds,
public parks, or libraries). The bill eliminates this increase.
Instead, the bill prohibits cannabis establishments from advertising
on any billboard within 1,500 feet of the buildings listed above.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 18 Nay 0 (03/15/2022)