Connecticut 2022 Regular Session

Connecticut House Bill HB05330 Compare Versions

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4-Substitute House Bill No. 5330
5-
6-Public Act No. 22-104
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8-
9-AN ACT CONCERNING CANNABIS ADVERTISING AND THE
10-DEPARTMENT OF CONSUMER PROTECTION’S
11-RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO THE
12-CONSUMER PROTECTION STATUTES.
3+LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330-R01-
4+HB.docx
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7+General Assembly Substitute Bill No. 5330
8+February Session, 2022
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11+
12+
13+
14+AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
15+PROTECTION'S RECOMMENDATIONS REGARDING VARIOUS
16+REVISIONS TO THE CONSUMER PROTECTION STATUTES.
1317 Be it enacted by the Senate and House of Representatives in General
1418 Assembly convened:
1519
16-Section 1. Section 30-1 of the 2022 supplement to the general statutes
17-is repealed and the following is substituted in lieu thereof (Effective from
18-passage):
19-For the [interpretation] purposes of this chapter and section 2 of this
20-act, unless the context indicates a different meaning:
21-(1) "Airline" means any (A) United States airline carrier [,] holding a
22-certificate of public convenience and necessity from the Civil
23-Aeronautics Board under Section 401 of the Federal Aviation Act of
24-1958, as amended from time to time, or [any] (B) foreign flag carrier [,]
25-holding a permit under Section 402 of [such] said act.
26-(2) "Alcohol" (A) means the product of distillation of any fermented
27-liquid [,] that is rectified [either] at least once [or more often, whatever
28-may be the] and regardless of such liquid's origin, [thereof,] and (B)
29-includes synthetic ethyl alcohol which is considered nonpotable. Substitute House Bill No. 5330
30-
31-Public Act No. 22-104 2 of 91
32-
33-(3) ["Alcoholic liquor" or "alcoholic beverage" includes] "Alcoholic
34-beverage" and "alcoholic liquor" include the four varieties of liquor
35-defined in subdivisions (2), (5), [(18)] (21) and [(19)] (22) of this section
36-(alcohol, beer, spirits and wine) and every liquid or solid, patented or
37-[not] unpatented, containing alcohol, [spirits, wine or] beer, spirits or
38-wine and at least one-half of one per cent alcohol by volume, and
39-capable of being consumed by a human being [for] as a beverage.
40-[purposes.] Any liquid or solid containing more than one of the four
41-varieties so defined [is considered as belonging to that] belongs to the
42-variety which has the [higher] highest percentage of alcohol [,]
43-according to the following order: Alcohol, spirits, wine and beer, except
44-as provided in subdivision [(19)] (22) of this section. [The provisions of
45-this chapter shall not apply to any liquid or solid containing less than
46-one-half of one per cent of alcohol by volume.]
47-(4) "Backer" means, except in cases where the permittee is [himself]
48-the proprietor, the proprietor of any business or club, incorporated or
49-unincorporated, that is engaged in [the manufacture or sale of]
50-manufacturing or selling alcoholic liquor [,] and in which business a
51-permittee is associated, whether as an agent, employee [, agent] or part
52-owner.
53-(5) "Beer" means any beverage obtained by the alcoholic fermentation
54-of [an infusion or decoction of barley, malt and hops] a decoction or
55-infusion of barley, hops and malt in drinking water.
56-(6) "Boat" means any vessel that is (A) operating on any waterway of
57-this state, and (B) engaged in transporting passengers for hire to or from
58-any port of this state.
59-[(6) (A)] (7) "Case price" means the price of a container made of
60-cardboard, wood or any other material [,] and containing units of the
61-same [size and] class and size of alcoholic liquor. [, and (B) a] A case of
62-alcoholic liquor, other than beer, cocktails, cordials, [cocktails, wines Substitute House Bill No. 5330
63-
64-Public Act No. 22-104 3 of 91
65-
66-and prepared mixed drinks] prepared mixed drinks and wines, shall be
67-in the [number and] quantity and number, or fewer, with the permission
68-of the Commissioner of Consumer Protection, of bottles or units [or
69-bottles] as follows: [(i) Six] (A) Six one thousand seven hundred fifty
70-milliliter bottles, [; (ii)] (B) six one thousand eight hundred milliliter
71-bottles, (C) twelve seven hundred milliliter bottles, (D) twelve seven
72-hundred twenty milliliter bottles, (E) twelve seven hundred fifty
73-milliliter bottles, (F) twelve nine hundred milliliter bottles, (G) twelve
74-one liter bottles, [; (iii) twelve seven hundred fifty milliliter bottles; (iv)]
75-(H) twenty-four three hundred seventy-five milliliter bottles, [; (v)] (I)
76-forty-eight two hundred milliliter bottles, [; (vi)] (J) sixty one hundred
77-milliliter bottles, [; or (vii)] or (K) one hundred twenty fifty milliliter
78-bottles, except a case of fifty milliliter bottles may be in a [number and]
79-quantity and number as originally configured, packaged and sold by the
80-manufacturer or out-of-state shipper prior to shipment [, provided such]
81-if the number of such bottles [does not exceed] in such case is not greater
82-than two hundred. The commissioner shall not authorize fewer
83-quantities or numbers [or quantities of units or] of bottles or units as
84-specified in this subdivision for any one person or entity more than eight
85-times in any calendar year. For the purposes of this subdivision, "class"
86-has the same meaning as [defined in] provided in 27 CFR 4.21 for wine,
87-27 CFR 5.22 for spirits [, as defined in 27 CFR 4.21 for wine, and as
88-defined in] and 27 CFR 7.24 for beer.
89-[(7)] (8) "Charitable organization" means any nonprofit organization
90-that (A) is organized for charitable purposes, [to which has been issued
91-a ruling by] and (B) has received a ruling from the Internal Revenue
92-Service classifying [it] such nonprofit organization as an exempt
93-organization under Section 501(c)(3) of the Internal Revenue Code of
94-1986, or any subsequent corresponding internal revenue code of the
95-United States, as amended from time to time.
96-[(8)] (9) "Club" has the same meaning as provided in section 30-22aa. Substitute House Bill No. 5330
97-
98-Public Act No. 22-104 4 of 91
99-
100-[(9)] (10) "Coliseum" [means a coliseum, as defined] has the same
101-meaning as provided in section 30-33a.
102-[(10)] (11) "Commission" means the Liquor Control Commission
103-established under this chapter.
104-[(11)] (12) "Department" means the Department of Consumer
105-Protection.
106-(13) "Dining room" means any room or rooms (A) located in premises
107-operating under (i) a hotel permit issued under section 30-21, (ii) a
108-restaurant permit issued under subsection (a) of section 30-22, (iii) a
109-restaurant permit for wine and beer issued under subsection (b) of
110-section 30-22, or (iv) a cafe permit issued under section 30-22a, as
111-amended by this act, and (B) where meals are customarily served to any
112-member of the public who has means of payment and a pro per
113-demeanor.
114-[(12)] (14) "Mead" means fermented honey [,] (A) with or without
115-additions or adjunct ingredients, [or additions,] and (B) regardless of (i)
116-alcohol content, [regardless of process, and regardless of being
117-sparkling, carbonated] (ii) process, and (iii) whether such honey is
118-carbonated, sparkling or still.
119-[(13)] (15) "Minor" means any person [under] who is younger than
120-twenty-one years of age.
121-(16) "Nonprofit club" has the same meaning as provided in section
122-30-22aa.
123-(17) "Nonprofit public television corporation" has the same meaning
124-as provided in section 30-37d.
125-[(14)] (18) (A) "Person" means [natural person, including partners but
126-shall not include corporations, limited liability companies, joint stock Substitute House Bill No. 5330
127-
128-Public Act No. 22-104 5 of 91
129-
130-companies or other associations of natural persons] an individual,
131-including, but not limited to, a partner.
132-(B) "Person" does not include a corporation, joint stock company,
133-limited liability company or other association of individuals.
134-[(15)] (19) (A) "Proprietor" includes all owners of [businesses or clubs,
135-included in subdivision (4) of this section] a business or club,
136-incorporated or unincorporated, that is engaged in manufacturing or
137-selling alcoholic liquor, whether such owners are [individuals, partners,
138-joint stock companies, fiduciaries] persons, fiduciaries, joint stock
139-companies, stockholders of corporations or otherwise. [, but]
140-(B) "Proprietor" does not include [persons or corporations who are
141-merely creditors of such businesses or clubs, whether as note holders,
142-bond holders, landlords or franchisors] any person who, or corporation
143-that, is merely a creditor, whether as a bond holder, franchisor, landlord
144-or note holder, of a business or club, incorporated or unincorporated,
145-that is engaged in manufacturing or selling alcoholic liquor.
146-[(16) "Dining room" means a room or rooms in premises operating
147-under a hotel permit, hotel beer permit, restaurant permit, restaurant
148-permit for beer or wine or cafe permit, where meals are customarily
149-served, within the room or rooms, to any member of the public who has
150-means of payment and proper demeanor.]
151-[(17)] (20) "Restaurant" [means a restaurant, as defined] has the same
152-meaning as provided in section 30-22, as amended by this act.
153-[(18)] (21) "Spirits" means any beverage that contains alcohol
154-obtained by distillation mixed with drinkable water and other
155-substances in solution, including brandy, rum, whiskey and gin.
156-[(19)] (22) "Wine" means any alcoholic beverage obtained by [the
157-fermentation of] fermenting the natural sugar content of fruits, such as Substitute House Bill No. 5330
158-
159-Public Act No. 22-104 6 of 91
160-
161-apples, grapes [or apples] or other agricultural products, containing
162-such sugar, including fortified wines such as port, sherry and
163-champagne.
164-[(20) "Nonprofit public television corporation" means a nonprofit
165-public television corporation, as defined in section 30-37d.
166-(21) "Nonprofit club" has the same meaning as provided in section
167-30-22aa.]
168-Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this
169-section:
170-(1) "Religious organization" means (A) any religious corporation,
171-society or organization that is formed or recognized under chapter 598
172-of the general statutes, or (B) any religious organization that is eligible
173-for an exemption under section 12-412 of the general statutes; and
174-(2) "Sacramental wine" means any wine that is (A) exclusively used
175-for religious or sacramental purposes, and (B) exempt from taxation
176-under regulations adopted by the Commissioner of Revenue Services
177-pursuant to section 12-449 of the general statutes.
178-(b) A religious wine retailer permit shall allow the holder of such
179-permit to import and sell, at retail, sacramental wine to religious
180-organizations. Such sacramental wine shall not be consumed on the
181-permit premises and any sale of such sacramental wine shall only take
182-place during the hours a religious wine retailer may sell alcoholic liquor
183-under subsection (d) of section 30-91 of the general statutes, as amended
184-by this act. The holder of a religious wine retailer permit issued under
185-this section shall operate at least one retail location in this state, be
186-primarily engaged in the business of selling religious supplies that do
187-not contain alcohol and not hold any other permit issued under chapter
188-545 of the general statutes. The annual fee for a religious wine retailer
189-permit issued under this section shall be two hundred fifty dollars. Substitute House Bill No. 5330
190-
191-Public Act No. 22-104 7 of 91
192-
193-(c) The holder of a religious wine retailer permit issued under this
194-section may purchase sacramental wine directly from a manufacturer,
195-out-of-state shipper or wholesaler. All shipments of sacramental wine
196-to the holder of a religious wine retailer permit issued under this section
197-shall be conspicuously labeled "for sacramental or religious purposes
198-only". If the holder of a religious wine retailer permit issued under this
199-section imports into this state a supply of any brand of sacramental wine
200-directly from a manufacturer or out-of-state shipper, such brand need
201-not comply with the provisions of sections 30-63 and 30-64 of the general
202-statutes for such directly imported supply.
203-Sec. 3. Subsections (a) to (c), inclusive, of section 30-19f of the 2022
204-supplement to the general statutes are repealed and the following is
205-substituted in lieu thereof (Effective from passage):
206-(a) An in-state transporter's permit for alcoholic liquor shall allow the
207-commercial transportation of any alcoholic liquor and, with the
208-approval of the [department, the sale or provision] Department of
209-Consumer Protection, the provision or sale of alcoholic liquor for
210-consumption in a boat engaged in the transportation of passengers for
211-hire [and in] or a motor vehicle in livery service, as permitted by law.
212-One permit shall cover all such boats [and] or vehicles that are under
213-common control, direction, management or ownership. When applying
214-for such approval, the owner of any such boat [and] or vehicle in which
215-the sale or consumption of alcoholic liquor will be available shall
216-specifically identify to the department each such boat [and] or vehicle.
217-[to the department.] The annual fee for an in-state transporter's liquor
218-permit shall be one thousand two hundred fifty dollars for the first boat
219-or vehicle and [there shall be] an additional annual fee of two hundred
220-dollars for each additional boat or vehicle.
221-(b) No person, corporation, [trust, partnership, incorporated or
222-unincorporated association, and any] incorporated or unincorporated
223-association, partnership, trust or other legal entity except [: (1) The] the Substitute House Bill No. 5330
224-
225-Public Act No. 22-104 8 of 91
226-
227-holder of an out-of-state shipper's permit issued [pursuant to] under
228-section 30-18 or 30-19, [; (2) the holder of] a manufacturer's permit issued
229-[pursuant to] under section 30-16, other than [the holder of] a
230-manufacturer permit for a farm winery or a manufacturer permit for
231-wine, cider and mead, [; and (3) the holder of] or a wholesaler's permit
232-issued [pursuant to] under section 30-17, shall transport any alcoholic
233-beverages imported into this state unless such person: [holds] (1) Holds
234-an in-state transporter's permit; [and] (2) the tax imposed on such
235-alcoholic liquor [by] under section 12-435 has been paid; and [,] (3) if
236-applicable, the tax imposed on the sale of such alcoholic liquor
237-[pursuant to] under chapter 219 has been paid.
238-(c) An in-state transporter, when [shipping or] delivering or shipping
239-directly to a consumer in this state wine, cider or mead, [directly to a
240-consumer in this state,] shall: (1) Ensure that the shipping labels on all
241-containers of such products shipped directly to a consumer in this state
242-conspicuously state the following: "CONTAINS ALCOHOL —
243-SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR
244-DELIVERY"; (2) obtain the signature of a person [age twenty-one or
245-older] who is at least twenty-one years of age at the address prior to
246-delivery, after requiring the signer to demonstrate that [he or she is age
247-twenty-one or older] the signer is at least twenty-one years of age by
248-providing a valid motor vehicle operator's license or a valid identity
249-card described in section 1-1h; and (3) not ship to any address in the
250-state where the sale of alcoholic liquor is prohibited by local option
251-pursuant to section 30-9.
252-Sec. 4. Section 30-20 of the 2022 supplement to the general statutes is
253-repealed and the following is substituted in lieu thereof (Effective from
254-passage):
255-(a) For the purposes of this section, "grocery store" (1) means any
256-store that (A) is commonly known as a delicatessen, food store, grocery
257-store or supermarket, and (B) is primarily engaged in the retail sale of Substitute House Bill No. 5330
258-
259-Public Act No. 22-104 9 of 91
260-
261-various canned goods and dry goods such as coffee, flour, spices, sugar
262-and tea, whether packaged or in bulk, regardless of whether such store
263-sells fresh fruits and vegetables or fresh, prepared or smoked fish, meat
264-and poultry, and (2) does not include any store that is primarily engaged
265-in the retail sale of bakery products, candy, nuts and confectioneries,
266-dairy products, eggs and poultry, fruits and vegetables or seafood.
267-[(a)] (b) (1) A package store permit shall allow the retail sale of
268-alcoholic liquor in sealed bottles or containers not to be consumed on
269-the permit premises. [, such sales to be made only in sealed bottles or
270-other containers.] The holder of a package store permit may, in
271-accordance with regulations adopted by the Department of Consumer
272-Protection pursuant to the provisions of chapter 54, (A) offer free
273-samples of alcoholic liquor for tasting on the permit premises, (B)
274-conduct fee-based wine education and tasting classes and
275-demonstrations, and (C) conduct tastings or demonstrations provided
276-by a permittee or backer of [a] the package store for a nominal charge to
277-charitable nonprofit organizations. Any offering, tasting, wine
278-education and tasting class or demonstration held on permit premises
279-shall be conducted only during the hours [a] the package store [is
280-permitted to] may sell alcoholic liquor under section 30-91, as amended
281-by this act. No tasting of wine on the permit premises shall be offered
282-from more than ten uncorked bottles at any one time.
283-(2) No store operating under a package store permit shall sell any
284-commodity other than alcoholic liquor except, [that,] notwithstanding
285-any other provision of law, such store may sell [(1)] (A) cigarettes and
286-cigars, [(2)] (B) publications, [(3)] (C) bar utensils, [which shall include,
287-but need not be] including, but not limited to, corkscrews, beverage
288-strainers, stirrers or other similar items used to consume, or related to
289-the consumption of, alcoholic liquor, [(4)] (D) gift packages of alcoholic
290-liquor shipped into the state by a manufacturer or out-of-state shipper,
291-which gift packages may include [a] nonalcoholic [item in the gift Substitute House Bill No. 5330
292-
293-Public Act No. 22-104 10 of 91
294-
295-package that may be any item, except food or tobacco products,
296-provided the] items, other than food or tobacco products, if the dollar
297-value of the nonalcoholic items in such gift package does not exceed the
298-dollar value of the alcoholic items [of the] in such gift package, [(5)] (E)
299-complementary fresh fruits used in the preparation of mixed alcoholic
300-beverages, [(6)] (F) cheese, [or] crackers [,] or both, [(7)] (G) olives, [(8)]
301-(H) nonalcoholic beverages, [(9)] (I) concentrates used in the preparation
302-of mixed alcoholic beverages, [(10)] (J) beer and wine-making kits and
303-products related to [beer and wine-making] such kits, [(11)] (K) ice in
304-any form, [(12)] (L) articles of clothing imprinted with advertising
305-related to the alcoholic liquor industry, [(13)] (M) gift baskets or other
306-containers of alcoholic liquor, [(14)] (N) multiple packages of alcoholic
307-liquors, [as defined in subdivision (3) of section 30-1,] provided in all
308-such cases the minimum retail selling price for such alcoholic liquor
309-shall apply, [(15)] (O) lottery tickets authorized by the Department of
310-Consumer Protection, if licensed as an agent to sell such tickets by [said]
311-the department, [(16)] (P) devices and related accessories designed
312-primarily for accessing and extracting a beverage containing alcohol
313-from prepackaged containers, including, but not limited to, pods,
314-pouches or similar containers, but excluding devices, including, but not
315-limited to, household blenders, that are not designed primarily for such
316-purposes, [including, but not limited to, household blenders, (17)] (Q)
317-alcohol-infused confections containing not more than one-half of one
318-per cent of alcohol by weight and which the commissioner has approved
319-for sale [by the commissioner] under section 21a-101, and [(18)] (R) gift
320-baskets containing only containers of alcoholic liquor and commodities
321-authorized for sale under [subdivisions (1) to (17), inclusive, of this
322-subsection] subparagraphs (A) to (Q), inclusive, of this subdivision. A
323-package store permit shall also allow the taking and transmitting of
324-orders for delivery of such merchandise in other states.
325-Notwithstanding any other provision of law, a package store permit
326-shall allow the participation in any lottery ticket promotion or giveaway
327-sponsored by the [Department of Consumer Protection] department. Substitute House Bill No. 5330
328-
329-Public Act No. 22-104 11 of 91
330-
331-The annual fee for a package store permit shall be five hundred thirty-
332-five dollars.
333-[(b)] (c) A grocery store beer permit may be granted to any grocery
334-store and shall allow the retail sale of beer in standard size containers
335-not to be consumed on the permit premises. [A] The holder of a grocery
336-store beer permit shall post, in a prominent location adjacent to the beer
337-display, the retail price for each brand of beer and [said] such retail price
338-shall include all applicable federal and state taxes, including, but not
339-limited to, the applicable state sales taxes. The annual fee for a grocery
340-store beer permit shall be one hundred seventy dollars, [. For a] or, for a
341-grocery store that has annual sales of food and grocery items of [not less
342-than] at least two million dollars, [the annual fee for a grocery store beer
343-permit shall be] one thousand five hundred dollars.
344-[(c) "Grocery store" means any store commonly known as a
345-supermarket, food store, grocery store or delicatessen, primarily
346-engaged in the retail sale of all sorts of canned goods and dry goods
347-such as tea, coffee, spices, sugar and flour, either packaged or in bulk,
348-with or without fresh fruits and vegetables, and with or without fresh,
349-smoked and prepared meats, fish and poultry, except that no store
350-primarily engaged in the retail sale of seafood, fruits and vegetables,
351-candy, nuts and confectioneries, dairy products, bakery products or
352-eggs and poultry shall be included in the definition of "grocery store".]
353-(d) The holder of a package store permit or a grocery store beer
354-permit issued under this section may allow curbside pick-up of
355-previously purchased alcoholic liquor by (1) the consumer who
356-purchased such alcoholic liquor, or (2) the holder of an in-state
357-transporter's permit issued under section 30-19f, as amended by this act,
358-or such holder's agent. Such curbside pick-up shall be limited to the
359-space immediately adjacent to, or in a parking lot abutting, the permit
360-premises. The holder of such package store permit or grocery store beer
361-permit may allow such curbside pick-up only during the hours the Substitute House Bill No. 5330
362-
363-Public Act No. 22-104 12 of 91
364-
365-package store or grocery store is allowed to sell alcoholic liquor under
366-subsection (d) of section 30-91, as amended by this act, unless a more
367-restrictive municipal ordinance limits such curbside pick-up hours.
368-Sec. 5. Section 30-46 of the 2022 supplement to the general statutes is
369-repealed and the following is substituted in lieu thereof (Effective from
370-passage):
371-(a) The Department of Consumer Protection may, except as to a store
372-engaged chiefly in the sale of groceries, in its discretion, suspend, revoke
373-or refuse to grant or renew a permit for the sale of alcoholic liquor if [it]
374-the department has reasonable cause to believe [:] that (1) [That] the
375-proximity of the permit premises [will have a detrimental effect upon
376-any church] to any charitable institution supported by private or public
377-funds, church, convent, hospital, public or parochial school, [convent,
378-charitable institution, whether supported by private or public funds,
379-hospital] or veterans' home, or any [camp,] barracks, camp or flying
380-field of the armed forces, [; (2) that such location] will detrimentally
381-impact such institution, church, convent, hospital, school, home,
382-barracks, camp or field, (2) the permit premises is in such proximity to
383-a no-permit town so that it is apparent that the applicant is seeking to
384-obtain the patronage of [such] persons in such town, [;] (3) [that] the
385-number of permit premises in the locality is such that [the] granting [of]
386-a permit is detrimental to the public interest, and, in reaching a
387-conclusion in this respect, the department may consider the character
388-[of, the] and population of, and the number of like permits and [number
389-of] all permits existent in, the particular town and the immediate
390-neighborhood concerned [,] and the effect which a new permit may have
391-on such town or neighborhood or on like permits existent in such town
392-or neighborhood, [;] (4) [that] the place has been conducted as a lewd or
393-disorderly establishment, [;] (5) [that] the backer does not have a right
394-to occupy the permit premises, [;] (6) [that] drive-up sales of alcoholic
395-liquor, other than curbside pick-up allowed under subsection (d) of Substitute House Bill No. 5330
396-
397-Public Act No. 22-104 13 of 91
398-
399-section 30-20, as amended by this act, are being made at the permit
400-premises, [;] or (7) [that] there is any other reason as provided by state
401-or federal law or regulation which warrants such refusal.
402-(b) (1) The existence of a coliseum permit issued under section 30-33a
403-shall not be a factor to be taken into consideration under subdivision (3)
404-of subsection (a) of this section.
405-(2) The provisions of subdivisions (1), (2) and (3) of subsection (a) of
406-this section shall not apply to [the granting] issuance of a coliseum
407-permit under section 30-33a.
408-Sec. 6. Section 30-51a of the general statutes is repealed and the
409-following is substituted in lieu thereof (Effective from passage):
410-Notwithstanding the provisions of subdivision (6) of section 30-47
411-and section 30-51, a permittee of premises operating under a grocery
412-store beer permit issued under subsection (c) of section 30-20, as
413-amended by this act, may lease up to fifty per cent of the total square
414-footage of the premises to any person for lawful purposes. The
415-Department of Consumer Protection shall not issue a permit allowing
416-the sale or consumption of alcoholic liquor on any such leased premises,
417-and the sale or consumption of alcoholic liquor [, as defined in
418-subdivision (3) of section 30-1,] shall be unlawful on any such leased
419-premises.
420-Sec. 7. Subsection (c) of section 30-74 of the general statutes is
421-repealed and the following is substituted in lieu thereof (Effective from
422-passage):
423-(c) No permittee or backer who is authorized under this chapter to
424-sell alcoholic liquor at retail for consumption off the permit premises,
425-and no agent or employee of such permittee or backer, may sell or
426-deliver such alcoholic liquor from a drive-up window or similar exterior
427-wall opening except as part of a curbside pick-up authorized under Substitute House Bill No. 5330
428-
429-Public Act No. 22-104 14 of 91
430-
431-subsection (d) of section 30-20, as amended by this act.
432-Sec. 8. Section 30-22a of the 2022 supplement to the general statutes
433-is repealed and the following is substituted in lieu thereof (Effective from
434-passage):
435-(a) A cafe permit shall allow the retail sale of alcoholic liquor to be
436-consumed on the premises of a cafe. The holder of a cafe permit shall
437-keep food available for sale to its customers for consumption on the
438-premises during [a] the majority of the hours such premises are open.
439-The availability of food from outside vendors located on or near the
440-premises, who may directly deliver such food or indirectly deliver such
441-food through a third party, shall be deemed compliance with such
442-requirement. The licensed premises shall at all times comply with all the
443-regulations of the local department of health. Nothing herein shall be
444-construed to require that any food be sold or purchased with any
445-alcoholic liquor, nor shall any rule, regulation or standard be
446-promulgated or enforced [requiring that the sale] to require that sales of
447-food be substantial or that the [receipts of the business other than from
448-the sale of] business's receipts from sales of alcoholic liquor equal any
449-set percentage of total receipts from all sales made [therein] on the
450-licensed premises. A cafe permit shall allow, with the prior approval of
451-the Department of Consumer Protection, alcoholic liquor to be served at
452-tables in outside areas that are screened or not screened from public
453-view where permitted by fire, zoning and health regulations. If not
454-required by fire, zoning or health regulations, a fence or wall enclosing
455-such outside areas shall not be required by the Department of Consumer
456-Protection. No fence or wall used to enclose such outside areas shall be
457-less than thirty inches high. Such permit shall also authorize the sale at
458-retail from the premises of sealed containers, supplied by the permittee,
459-of draught beer for consumption off the premises. Such sales shall be
460-conducted only during the hours a package store is permitted to sell
461-alcoholic liquor under the provisions of subsection (d) of section 30-91, Substitute House Bill No. 5330
462-
463-Public Act No. 22-104 15 of 91
464-
465-as amended by this act. Not more than four liters of such beer shall be
466-sold to any person on any day on which the sale of alcoholic liquor is
467-authorized under the provisions of subsection (d) of section 30-91, as
468-amended by this act. The annual fee for a cafe permit shall be two
469-thousand dollars, except the annual fee for a cafe permit for a prior
470-holder of a tavern permit issued [pursuant to] under section 30-26 shall
471-be eight hundred dollars for the first year, twelve hundred dollars for
472-the second year, one thousand six hundred dollars for the third year and
473-two thousand dollars for each year thereafter.
474-(b) (1) A cafe patron may remove one unsealed bottle of wine for off-
475-premises consumption, provided the patron has purchased a full course
476-meal and consumed a portion of the wine with such meal on the cafe
477-premises. For purposes of this section, "full course meal" means a
478-diversified selection of food which (A) ordinarily cannot be consumed
479-without the use of tableware, and [which] (B) cannot be conveniently
480-consumed while standing or walking.
481-(2) A partially consumed bottle of wine that is to be removed from
482-the premises [pursuant to] under this subsection shall be securely sealed
483-and placed in a bag by the permittee or the permittee's agent or
484-employee prior to removal from the premises.
485-(c) As used in this section, "cafe" means space in a suitable and
486-permanent building, vessel or structure, kept, used, maintained,
487-advertised and held out to the public to be a place where alcoholic liquor
488-and food is served for sale at retail for consumption on the premises but
489-which does not necessarily serve hot meals; it shall have no sleeping
490-accommodations for the public and need not necessarily have a kitchen
491-or dining room but shall have employed therein at all times an adequate
492-number of employees.
493-(d) For purposes of compliance with this section, "cafe" [shall include]
494-includes any location in [the Bradley International Airport] a passenger Substitute House Bill No. 5330
495-
496-Public Act No. 22-104 16 of 91
497-
498-terminal complex of any airport, as defined in section 15-34, or any
499-location adjacent to and attached by common partition to [said] such
500-complex, which is open to the public [and] or to airline club members or
501-their guests, with or without the sale of food, for consumption on the
502-premises.
503-(e) For purposes of compliance with this section, "cafe" [shall include]
504-includes all of the land and buildings in which the principal business
505-conducted is racing or jai alai exhibitions, with pari-mutuel betting
506-licensed by the Department of Consumer Protection.
507-(f) For purposes of compliance with this section, "cafe" [shall include]
508-includes any commercial bowling establishment containing ten or more
509-lanes, or any commercial racquetball or tennis facility containing five or
510-more courts, with or without food, for consumption on the premises.
511-(g) For purposes of compliance with this section, "cafe" [shall include]
512-includes the premises and grounds of a golf country club, defined as: (1)
513-[an] An association of persons, whether incorporated or
514-unincorporated, that has been in existence as a bona fide organization
515-for at least one year prior to applying for a permit issued as provided by
516-this chapter, or that at the time of applying for the permit is in existence
517-as a bona fide organization and has not less than twenty members who
518-have paid annual membership fees or dues and have signed affidavits
519-of their intention to remain members of the association for not less than
520-one year after that time, not including associations organized for any
521-commercial or business purpose the object of which is money profit,
522-which maintains a golf course of not less than eighteen holes and a
523-course length of at least fifty-five hundred yards and a club house with
524-facilities that include locker rooms, a dining room and a lounge;
525-provided the club shall file with the department, upon request, within
526-ten days of February first in each year, a list of the names and residences
527-of its members, and shall similarly file, within ten days of the election of
528-any additional member, his name and address, and provided its Substitute House Bill No. 5330
529-
530-Public Act No. 22-104 17 of 91
531-
532-aggregate annual membership fees or dues and other income, exclusive
533-of any proceeds of the sale of alcoholic liquor, shall be sufficient to
534-defray the annual rental of its leased or rented premises, or, if the
535-premises are owned by the club, shall be sufficient to meet the taxes,
536-insurance and repairs and the interest on any mortgage thereof; and
537-provided, further, its affairs and management shall be conducted by a
538-board of directors, executive committee or similar body chosen by the
539-members at their annual meeting, and no member or any officer, agent
540-or employee of the club shall be paid or, directly or indirectly, shall
541-receive in the form of salary or other compensation any profits from the
542-disposition or sale of alcoholic liquor to the club or to the members of
543-the club or its guests introduced by members, beyond the amount of
544-such salary as may be fixed and voted at annual meetings by the
545-members or by its directors or other governing body and as reported by
546-the club to the department, within three months after the annual
547-meeting, and as is, in the judgment of the department, reasonable and
548-proper compensation for the services of such member, officer, agent or
549-employee; or (2) an association of persons, whether incorporated or
550-unincorporated, which has been in existence as a bona fide organization
551-for at least one year prior to applying for a permit issued as provided by
552-this chapter, or which at the time of applying for the permit is in
553-existence as a bona fide organization and has not less than twenty
554-members who have paid annual membership fees or dues and is directly
555-or indirectly wholly owned by a corporation which is and continues to
556-be nonprofit and to which the Internal Revenue Service has issued a
557-ruling classifying it as an exempt organization under Section 501(c) of
558-the Internal Revenue Code of 1986, or any subsequent corresponding
559-internal revenue code of the United States, as amended from time to
560-time, which maintains a golf course of not less than eighteen holes and
561-a course length of at least fifty-five hundred yards and a club house with
562-facilities which include locker rooms, a dining room and a lounge;
563-provided the club shall file with the department, upon request, within
564-ten days of February first in each year, a list of the names and residences Substitute House Bill No. 5330
565-
566-Public Act No. 22-104 18 of 91
567-
568-of its members, and shall similarly file, within ten days of the admission
569-of any additional member, his name and address. The nonprofit
570-corporation shall demonstrate to the commission an ability to pay any
571-operating deficit of the golf country club, exclusive of any proceeds of
572-the sale of alcoholic liquor; and provided, further, the affairs and the
573-management of the nonprofit corporation are conducted by a board of
574-directors, executive committee or similar body at least forty per cent of
575-the members of which are chosen by the members of the nonprofit
576-corporation at their annual meeting and the balance of the members of
577-the board of directors are professionals chosen for their knowledge of
578-the business of the nonprofit corporation, and all moneys earned by the
579-golf country club shall be used to defray its expenses of operation or for
580-charitable purposes, and any balance shall be directly or indirectly
581-remitted to the nonprofit corporation.
582-[(h) For purposes of compliance with this section, "cafe" shall include
583-the sale and public consumption of alcoholic liquor by passengers with
584-or without meals upon any one designated boat engaged in the
585-transportation of passengers for hire to or from any port in this state.]
586-[(i)] (h) For purposes of compliance with this section, "cafe" [shall
587-include] includes any corporation that operates a railway in this state or
588-that operates club, parlor, dining, buffet or lounge cars upon the lines of
589-any such railway in this state. It shall allow the sale and public
590-consumption of alcoholic liquor in any club, parlor, dining, buffet or
591-lounge car of a passenger train operated in this state. It shall be subject
592-to all the privileges, obligations and penalties provided for in this
593-chapter except that it shall be issued to a corporation instead of to a
594-person and, if it is revoked, another application may be made by the
595-corporation for the issuance of another railroad permit at any time after
596-the expiration of one year after such revocation.
597-[(j)] (i) For purposes of compliance with this section, "cafe" [shall
598-include] includes a facility designed, constructed and used for corporate Substitute House Bill No. 5330
599-
600-Public Act No. 22-104 19 of 91
601-
602-and private parties, sporting events, concerts, exhibitions, trade shows,
603-entertainment presentations, conventions, banquets, meetings, dances,
604-fund-raising events and similar functions, located on a tract of land of
605-not less than twenty acres containing an enclosed roofed pavilion
606-constructed to seat not less than two hundred fifty people, where hot
607-meals are regularly served in an adequate and sanitary dining area, such
608-meals having been prepared in an adequate and sanitary kitchen on the
609-premises, and employing an adequate number of employees who shall
610-serve only persons who are at such outing facility to attend an event,
611-function, private party or banquet.
612-[(k)] (j) For purposes of compliance with this section, "cafe" includes:
613-(1) A room or building that is subject to the care, custody and control of
614-The University of Connecticut Board of Trustees; (2) land and buildings
615-which are subject to the care, custody and control of an institution
616-offering a program of higher learning, as defined in section 10a-34,
617-which has been accredited by the Board of Regents for Higher Education
618-or Office of Higher Education or otherwise is authorized to award a
619-degree pursuant to section 10a-34; or (3) on land or in a building situated
620-on or abutting a golf course which is subject to the care, custody and
621-control of an institution offering a program of higher learning, as
622-defined in section 10a-34, which has been accredited by the Board of
623-Regents for Higher Education or Office of Higher Education or
624-otherwise is authorized to award a degree pursuant to section 10a-34.
625-Sec. 9. Section 30-12 of the 2022 supplement to the general statutes is
626-repealed and the following is substituted in lieu thereof (Effective from
627-passage):
628-When any town has so voted upon the question of liquor permits, any
629-liquor permit granted in such town which is not in accordance with such
630-vote shall be void except manufacturer permits and cafe permits issued
631-[pursuant to] under subsections (g) and [(k)] (h) of section 30-22a, as
632-amended by this act. Substitute House Bill No. 5330
633-
634-Public Act No. 22-104 20 of 91
635-
636-Sec. 10. Subsection (a) of section 30-14 of the 2022 supplement to the
637-general statutes is repealed and the following is substituted in lieu
638-thereof (Effective from passage):
639-(a) [A] Each permit shall be a purely personal privilege that [expires
640-annually, except a permit issued under sections 30-25, 30-35, 30-37b, 30-
641-37d, 30-37g and 30-37h, and] is revocable in the discretion of the
642-Department of Consumer Protection, and subject to appeal, as provided
643-in section 30-55. [A] Except as otherwise provided in the general
644-statutes, including, but not limited to, sections 30-25, as amended by this
645-act, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, each permit shall expire
646-annually. No permit shall [not] constitute property, [nor shall it] be
647-subject to attachment and execution [, nor shall it] or be alienable, except
648-[that it] a permit shall descend to the estate of a deceased permittee by
649-the laws of testate or intestate succession. An airline permit issued under
650-section 30-28a or a cafe permit issued [pursuant to] under subsection
651-[(k)] (h) of section 30-22a, as amended by this act, shall be granted to the
652-airline corporation or railway corporation and not to any person, and
653-the corporation shall be the permittee.
654-Sec. 11. Section 30-16b of the 2022 supplement to the general statutes
655-is repealed and the following is substituted in lieu thereof (Effective from
656-passage):
657-(a) [From June 4, 2021, until three years after June 4, 2021] During the
658-period beginning June 4, 2021, and ending June 5, 2024, the holder of a
659-permit issued [pursuant to] under section 30-16, 30-21 or 30-22, as
660-amended by this act, [or] subsection [(a), (g), (h) or (i)] (c) or (g) of section
661-30-22a, as amended by this act, or section 30-22aa may sell for off-
662-premises consumption sealed containers of all [such] alcoholic liquor
663-such permit holder is allowed to sell for on-premises consumption,
664-subject to the requirements of this section and consistent with all local
665-ordinances for the town in which the permit premises are located. Substitute House Bill No. 5330
666-
667-Public Act No. 22-104 21 of 91
668-
669-(b) Any alcoholic liquor sold for off-premises consumption [pursuant
670-to] under this section shall be accompanied by food prepared on the
671-permit premises for off-premises consumption.
672-(c) Alcoholic liquor sold for off-premises consumption [pursuant to]
673-under this section may be sold in a container other than the
674-manufacturer's original sealed container, unless sold by a permittee
675-under section 30-16. All such alcoholic liquor [sold for off-premises
676-consumption] shall be given to a consumer in a securely sealed
677-container that prevents consumption without the removal of a tamper-
678-evident lid, cap or seal. A securely sealed container does not include a
679-container with a lid with sipping holes or openings for straws. Each
680-securely sealed container shall be placed in a bag by the permittee's
681-agent or employee prior to removal from the permit premises.
682-(d) If a permittee is delivering alcoholic liquor and food, such
683-delivery shall be made only by a direct employee of the permittee and
684-not by a third-party vendor or entity, unless such third-party vendor or
685-entity holds an in-state transporter's permit issued under section 30-19f,
686-as amended by this act.
687-(e) The sale of alcoholic liquor for off-premises consumption
688-[pursuant to] under this section shall: (1) [be] Be conducted only during
689-the hours a package store is permitted to sell alcoholic liquor under the
690-provisions of subsection (d) of section 30-91, as amended by this act; and
691-(2) if such alcoholic liquor is sold by a permittee under section 30-21 or
692-30-22, as amended by this act, subsection (c) or (g) of section 30-22a, as
693-amended by this act, or section 30-22aa, comply with all applicable
694-requirements of said sections and the limits imposed under subsection
695-(g) of this section.
696-(f) A sealed container of alcoholic liquor sold [pursuant to] under this
697-section shall not be deemed an open container, provided the sealed
698-container is unopened, the seal has not been tampered with [,] and the Substitute House Bill No. 5330
699-
700-Public Act No. 22-104 22 of 91
701-
702-contents of the sealed container have not been partially removed.
703-(g) The sale of alcoholic liquor for off-premises consumption
704-[pursuant to] under this section by a permittee under section 30-21 or
705-30-22, as amended by this act, subsection (c) or (g) of section 30-22a, as
706-amended by this act, or section 30-22aa shall comply with the following
707-limits for any one order, per customer: (1) One hundred ninety-six
708-ounces [,] for beer; [,] (2) one liter [,] for spirits; [,] and (3) one and one-
709-half liters [,] for wine.
710-(h) The provisions of this section shall not apply to the retail sale of
711-any alcoholic liquor manufactured by a manufacturer permittee under
712-section 30-16 on [its] the manufacturer's permit premises for off-
713-premises consumption, which shall be subject to the requirements of
714-[said] section 30-16, including, but not limited to, the volume limits and
715-hours of sale set forth in [said] section 30-16.
716-Sec. 12. Subsection (b) of section 30-22c of the 2022 supplement to the
717-general statutes is repealed and the following is substituted in lieu
718-thereof (Effective from passage):
719-(b) The holder of a cafe permit issued [pursuant to] under subsection
720-[(a)] (c) of section 30-22a, as amended by this act, may operate a juice bar
721-or similar facility at a permit premises if the juice bar or similar facility
722-is limited to a room or rooms or separate area within the permit
723-premises wherein there is no sale, consumption, dispensing or presence
724-of alcoholic liquor.
725-Sec. 13. Section 30-23a of the 2022 supplement to the general statutes
726-is repealed and the following is substituted in lieu thereof (Effective from
727-passage):
728-No person shall be construed to be a guest of a member of a club
729-[within the intent] for the purposes of section 30-22aa or of a golf
730-country club [within the intent of section 30-24a] for the purposes of Substitute House Bill No. 5330
731-
732-Public Act No. 22-104 23 of 91
733-
734-subsection (g) of section 30-22a, as amended by this act, until such
735-person's name and address has been entered in the guest book
736-maintained for such purposes on the club or golf country club premises,
737-together with the signature of the member and the date of introduction,
738-provided neither the permittee nor any person employed to dispense
739-alcoholic beverages on such premises, during his working hours on such
740-premises, shall enter such person's name in such book. The
741-[requirement] provisions of this section: (1) [shall] Shall not apply to a
742-member of any nationally chartered veterans' service organization when
743-such member enters a club run by such organization that is not such
744-member's home club, but is affiliated with the same organization,
745-provided such member shall show a membership, travel card or similar
746-identification as a member of such organization upon entry to such club;
747-[,] and (2) may be waived by the Department of Consumer Protection
748-on special occasions upon written application.
749-Sec. 14. Section 30-24 of the 2022 supplement to the general statutes
750-is repealed and the following is substituted in lieu thereof (Effective from
751-passage):
752-Spouses of members of any club or golf country club which holds a
753-permit under subsection (g) [or (h)] of section 30-22a, as amended by
754-this act, or section 30-22aa may be allowed to participate in all of the
755-privileges of such club or golf country club, by vote of such club's
756-members, and shall not be considered guests for the purposes of the
757-general statutes or provisions of the regulations of Connecticut state
758-agencies adopted by the Department of Consumer Protection.
759-Sec. 15. Section 30-24b of the 2022 supplement to the general statutes
760-is repealed and the following is substituted in lieu thereof (Effective from
761-passage):
762-Auxiliary members who are spouses of members or surviving
763-spouses of former deceased members of any club specified in Substitute House Bill No. 5330
764-
765-Public Act No. 22-104 24 of 91
766-
767-[subsections (g) to (i), inclusive,] subsection (g) of section 30-22a, as
768-amended by this act, or section 30-22aa which holds a permit under the
769-provisions of this chapter may be allowed to participate in all the
770-privileges of such club, by vote of such [club] club's members, and shall
771-not be considered guests for purposes of the general statutes or
772-provisions of the regulations of Connecticut state agencies adopted by
773-the Department of Consumer Protection.
774-Sec. 16. Subsection (a) of section 30-25 of the 2022 supplement to the
775-general statutes is repealed and the following is substituted in lieu
776-thereof (Effective from passage):
777-(a) A special club permit shall allow the sale of alcoholic liquor by the
778-drink, at retail, to be consumed at the grounds of an outdoor picnic
779-conducted by a club or golf country club. Such permits shall be issued
780-only to holders of cafe permits issued [pursuant to subsections (g) to (i),
781-inclusive,] under subsection (g) of section 30-22a, [and] as amended by
782-this act, and club permits issued under section 30-22aa, shall be issued
783-on a daily basis subject to the hours of sale in section 30-91, as amended
784-by this act, and shall be the same as provided therein for clubs and golf
785-country clubs. The exception established in subsection (a) of section 30-
786-48, as amended by this act, that applies to boats operating under an in-
787-state transporter's permit issued under section 30-19f, as amended by
788-this act, and cafe permits issued [pursuant to subsections (j) and (k)]
789-under subsection (h) of section 30-22a, as amended by this act, [that is
790-set forth in section 30-48] shall apply to such a special club permit. No
791-such club or golf country club shall be granted more than four such
792-special club permits during any one calendar year.
793-Sec. 17. Subsection (b) of section 30-39 of the 2022 supplement to the
794-general statutes is repealed and the following is substituted in lieu
795-thereof (Effective from passage):
796-(b) (1) Any person desiring a liquor permit or a renewal of such a Substitute House Bill No. 5330
797-
798-Public Act No. 22-104 25 of 91
799-
800-permit shall make an affirmed application therefor to the Department of
801-Consumer Protection, upon forms to be furnished by the department,
802-showing the name and address of the applicant and of the applicant's
803-backer, if any, the location of the club or place of business which is to be
804-operated under such permit and a financial statement setting forth all
805-elements and details of any business transactions connected with the
806-application. Such application shall include a detailed description of the
807-type of live entertainment that is to be provided. A club or place of
808-business shall be exempt from providing such detailed description if the
809-club or place of business (A) was issued a liquor permit prior to October
810-1, 1993, and (B) has not altered the type of entertainment provided. The
811-application shall also indicate any crimes of which the applicant or the
812-applicant's backer may have been convicted. Applicants shall submit
813-documents sufficient to establish that state and local building, fire and
814-zoning requirements and local ordinances concerning hours and days
815-of sale will be met, except that local building and zoning requirements
816-and local ordinances concerning hours and days of sale shall not apply
817-to a cafe permit issued [pursuant to] under subsection (d) or (h) of
818-section 30-22a, as amended by this act. The State Fire Marshal or the
819-marshal's certified designee shall be responsible for approving
820-compliance with the State Fire Code at Bradley International Airport.
821-Any person desiring a permit provided for in section 30-33b shall file a
822-copy of such person's license with such application if such license was
823-issued by the Department of Consumer Protection. The department
824-may, at its discretion, conduct an investigation to determine whether a
825-permit shall be issued to an applicant.
826-(2) The applicant shall pay to the department a nonrefundable
827-application fee, which fee shall be in addition to the fees prescribed in
828-this chapter for the permit sought. An application fee shall not be
829-charged for an application to renew a permit. The application fee shall
830-be in the amount of ten dollars for the filing of each application for a
831-permit by a charitable organization under section 30-37b, including a Substitute House Bill No. 5330
832-
833-Public Act No. 22-104 26 of 91
834-
835-nonprofit public television corporation under section 30-37d, a
836-nonprofit golf tournament permit under section 30-37g, a temporary
837-permit under section 30-35 or a special club permit [; and for all other
838-permits] under section 30-25, as amended by this act; and in the amount
839-of one hundred dollars for the filing of an initial application for all other
840-permits. Any permit issued shall be valid only for the purposes and
841-activities described in the application.
842-(3) The applicant, immediately after filing an application, shall give
843-notice thereof, with the name and residence of the permittee, the type of
844-permit applied for and the location of the place of business for which
845-such permit is to be issued and the type of live entertainment to be
846-provided, all in a form prescribed by the department, by publishing the
847-same in a newspaper having a circulation in the town in which the place
848-of business to be operated under such permit is to be located, at least
849-once a week for two successive weeks, the first publication to be not
850-more than seven days after the filing date of the application and the last
851-publication not more than fourteen days after the filing date of the
852-application. The applicant shall affix, and maintain in a legible condition
853-upon the outer door of the building wherein such place of business is to
854-be located and clearly visible from the public highway, the placard
855-provided by the department, not later than the day following the receipt
856-of the placard by the applicant. If such outer door of such premises is so
857-far from the public highway that such placard is not clearly visible as
858-provided, the department shall direct a suitable method to notify the
859-public of such application. When an application is filed for any type of
860-permit for a building that has not been constructed, such applicant shall
861-erect and maintain in a legible condition a sign not less than six feet by
862-four feet upon the site where such place of business is to be located,
863-instead of such placard upon the outer door of the building. The sign
864-shall set forth the type of permit applied for and the name of the
865-proposed permittee, shall be clearly visible from the public highway and
866-shall be so erected not later than the day following the receipt of the Substitute House Bill No. 5330
867-
868-Public Act No. 22-104 27 of 91
869-
870-placard. Such applicant shall make a return to the department, under
871-oath, of compliance with the foregoing requirements, in such form as
872-the department may determine, but the department may require any
873-additional proof of such compliance. Upon receipt of evidence of such
874-compliance, the department may hold a hearing as to the suitability of
875-the proposed location. The provisions of this subdivision shall not apply
876-to applications for (A) airline permits issued under section 30-28a, (B)
877-charitable organization permits issued under section 30-37b, (C)
878-temporary permits issued under section 30-35, (D) special club permits
879-issued under section 30-25, as amended by this act, (E) concession
880-permits issued under section 30-33, (F) military permits issued under
881-section 30-34, (G) cafe permits issued [pursuant to] under subsection [(j)
882-or (k)] (h) of section 30-22a, as amended by this act, (H) warehouse
883-permits issued under section 30-32, (I) [brokers'] broker's permits issued
884-under section 30-30, (J) out-of-state [shippers'] shipper's permits for
885-alcoholic liquor [and] issued under section 30-18, (K) out-of-state
886-[shippers'] shipper's permits for beer [, (K)] issued under section 30-19,
887-(L) coliseum permits [, (L)] issued under section 30-33a, (M) nonprofit
888-golf tournament permits [, (M)] issued under section 30-37g, (N)
889-nonprofit public television corporation permits [, (N)] issued under
890-section 30-37d, (O) Connecticut craft cafe permits [by] issued under
891-section 30-22d, as amended by this act, to permittees who held a
892-manufacturer permit for a brew pub or a manufacturer permit for a beer
893-and brew pub [prior to] before July 1, 2020, [and (O)] (P) off-site farm
894-winery sales and wine, cider and mead tasting permits issued under
895-section 30-16a, (Q) out-of-state retailer shipper's permits for wine issued
896-under section 30-18a, (R) out-of-state winery shipper's permits for wine
897-issued under section 30-18a, (S) in-state transporter's permits for
898-alcoholic liquor issued under section 30-19f, as amended by this act,
899-including, but not limited to, boats operating under such permits, (T)
900-seasonal outdoor open-air permits issued under section 30-22e, as
901-amended by this act, and (U) renewals of any [such permits] permit
902-described in subparagraphs (A) to (T), inclusive, of this subdivision, if Substitute House Bill No. 5330
903-
904-Public Act No. 22-104 28 of 91
905-
906-applicable. The provisions of this subdivision regarding publication and
907-placard display shall also be required of any applicant who seeks to
908-amend the type of entertainment either upon filing of a renewal
909-application or upon requesting permission of the department in a form
910-that requires the approval of the municipal zoning official.
911-(4) In any case in which a permit has been issued to a partnership, if
912-one or more of the partners dies or retires, the remaining partner or
913-partners need not file a new application for the unexpired portion of the
914-current permit, and no additional fee for such unexpired portion shall
915-be required. Notice of any such change shall be given to the department
916-and the permit shall be endorsed to show correct ownership. When any
917-partnership changes by reason of the addition of one or more persons, a
918-new application with new fees shall be required.
919-Sec. 18. Section 30-45 of the 2022 supplement to the general statutes
920-is repealed and the following is substituted in lieu thereof (Effective from
921-passage):
922-The Department of Consumer Protection shall refuse permits for the
923-sale of alcoholic liquor to the following persons: (1) Any state marshal,
924-judicial marshal, judge of any court, prosecuting officer or member of
925-any police force; [, (2) a minor, and] (2) any minor; (3) any constable who
926-(A) performs criminal law enforcement duties and is considered a peace
927-officer by town ordinance pursuant to the provisions of subsection (a)
928-of section 54-1f, [any constable who] or (B) is certified under the
929-provisions of sections 7-294a to 7-294e, inclusive, [who] and performs
930-criminal law enforcement duties pursuant to the provisions of
931-subsection (c) of section 54-1f; [, or] and (4) any special constable
932-appointed pursuant to section 7-92. This section shall not apply to any
933-out-of-state [shippers' permits, cafe permits issued pursuant to
934-subsection (j) of section 30-22a and airline permits] shipper's permit
935-issued under section 30-18, 30-18a or 30-19, any cafe permit issued under
936-section 30-22a, as amended by this act, any boat operating under any in- Substitute House Bill No. 5330
937-
938-Public Act No. 22-104 29 of 91
939-
940-state transporter's permit issued under section 30-19f, as amended by
941-this act, or any airline permit issued under section 30-28a. As used in
942-this section, "minor" means a minor, as defined in section 1-1d or as
943-defined in section 30-1, as amended by this act, whichever age is older.
944-Sec. 19. Subsection (a) of section 30-48 of the 2022 supplement to the
945-general statutes is repealed and the following is substituted in lieu
946-thereof (Effective from passage):
947-(a) No backer or permittee of one permit class shall be a backer or
948-permittee of any other permit class except in the case of airline permits
949-issued under section 30-28a, boats operating under in-state transporter's
950-permits issued under section 30-19f, as amended by this act, and cafe
951-permits issued [pursuant to subsection (d), (j) or (k)] under subsections
952-(d) and (h) of section 30-22a, as amended by this act, [and] except that:
953-(1) A backer of a hotel permit issued under section 30-21 or a restaurant
954-permit issued under section 30-22, as amended by this act, may be a
955-backer of both such classes; (2) a holder or backer of a restaurant permit
956-issued under section 30-22, as amended by this act, or a cafe permit
957-issued [pursuant to] under subsection (a) of section 30-22a, as amended
958-by this act, may be a holder or backer of any other or all of such classes;
959-(3) a holder or backer of a restaurant permit issued under section 30-22,
960-as amended by this act, may be a holder or backer of a cafe permit issued
961-[pursuant to] under subsection (f) of section 30-22a, as amended by this
962-act; (4) a backer of a restaurant permit issued under section 30-22, as
963-amended by this act, may be a backer of a coliseum permit issued under
964-section 30-33a when such restaurant is within a coliseum; (5) a backer of
965-a hotel permit issued under section 30-21 may be a backer of a coliseum
966-permit issued under section 30-33a; (6) a backer of a grocery store beer
967-permit issued under subsection (c) of section 30-20, as amended by this
968-act, may be (A) a backer of a package store permit issued under
969-subsection (b) of section 30-20, as amended by this act, if such was the
970-case on or before May 1, 1996, and (B) a backer of a restaurant permit Substitute House Bill No. 5330
971-
972-Public Act No. 22-104 30 of 91
973-
974-issued under section 30-22, as amended by this act, provided the
975-restaurant permit premises do not abut or share the same space as the
976-grocery store beer permit premises; (7) a backer of a cafe permit issued
977-[pursuant to] under subsection [(m)] (j) of section 30-22a, as amended
978-by this act, may be a backer of a nonprofit theater permit issued under
979-section 30-35a; (8) a backer of a nonprofit theater permit issued under
980-section 30-35a may be a holder or backer of a hotel permit issued under
981-section 30-21 or a coliseum permit issued under section 30-33a; (9) a
982-backer of a concession permit issued under section 30-33 may be a
983-backer of a coliseum permit issued under section 30-33a; (10) a holder of
984-an out-of-state winery shipper's permit for wine issued under section
985-30-18a may be a holder of an in-state transporter's permit issued under
986-section 30-19f, as amended by this act, or an out-of-state entity wine
987-festival permit issued [pursuant to] under section 30-37m, or of both
988-such permits; (11) a holder of an out-of-state shipper's permit for
989-alcoholic liquor [other than beer] issued under section 30-18 or an out-
990-of-state winery shipper's permit for wine issued under section 30-18a
991-may be a holder of an in-state transporter's permit issued under section
992-30-19f, as amended by this act; (12) a holder of a manufacturer permit
993-for a farm winery [or the holder of] issued under subsection (c) of section
994-30-16 or a manufacturer permit for wine, cider and mead issued under
995-subsection (d) of section 30-16 may be a holder of an in-state
996-transporter's permit issued under section 30-19f, as amended by this act,
997-a wine festival permit issued [pursuant to] under section 30-37l, a
998-farmers' market sales permit issued [pursuant to] under subsection (a)
999-of section 30-37o, an off-site farm winery sales and tasting permit issued
1000-[pursuant to] under section 30-16a or [of] any combination of such
1001-permits; (13) a holder of a manufacturer permit for beer issued under
1002-subsection (b) of section 30-16 may be a holder of a farmers' market sales
1003-permit issued [pursuant to] under subsection (a) of section 30-37o; (14)
1004-the holder of a manufacturer permit for spirits, [a manufacturer permit
1005-for beer, a manufacturer permit for] beer, a farm winery or [a
1006-manufacturer permit for] wine, cider and mead, issued under Substitute House Bill No. 5330
1007-
1008-Public Act No. 22-104 31 of 91
1009-
1010-subsection (a), (b), (c) or (d), respectively, of section 30-16, may be a
1011-holder of a Connecticut craft cafe permit issued under section 30-22d, as
1012-amended by this act, a restaurant permit or a restaurant permit for wine
1013-and beer issued under section 30-22, as amended by this act; and (15)
1014-the holder of a restaurant permit [or] issued under section 30-22, as
1015-amended by this act, a cafe permit issued under section 30-22a, as
1016-amended by this act, or an in-state transporter's permit issued under
1017-section 30-19f, as amended by this act, may be the holder of a seasonal
1018-outdoor open-air permit issued [pursuant to] under section 30-22e, as
1019-amended by this act. Any person may be a permittee of more than one
1020-permit. No holder of a manufacturer permit for [a brew pub] beer issued
1021-under subsection (b) of section 30-16 and no spouse or child of such
1022-holder may be a holder or backer of more than three restaurant permits
1023-issued under section 30-22, as amended by this act, or cafe permits
1024-issued under section 30-22a, as amended by this act.
1025-Sec. 20. Subsection (c) of section 30-48a of the 2022 supplement to the
1026-general statutes is repealed and the following is substituted in lieu
1027-thereof (Effective from passage):
1028-(c) Membership in any organization which is or may become the
1029-holder of a [cafe] club or nonprofit club permit issued [pursuant to
1030-subsection (h) of section 30-22a] under section 30-22aa shall not
1031-constitute acquisition of an interest in a retail permit.
1032-Sec. 21. Section 30-53 of the 2022 supplement to the general statutes
1033-is repealed and the following is substituted in lieu thereof (Effective from
1034-passage):
1035-Each permit granted or renewed by the Department of Consumer
1036-Protection shall be of no effect until a duplicate thereof has been filed by
1037-the permittee with the town clerk of the town within which the club or
1038-place of business described in such permit is situated; provided the
1039-place of filing [of] for (1) a cafe permit issued [pursuant to] under Substitute House Bill No. 5330
1040-
1041-Public Act No. 22-104 32 of 91
1042-
1043-subsection [(j) or (k)] (h) of section 30-22a, as amended by this act, or a
1044-boat operating under an in-state transporter's permit issued under
1045-section 30-19f, as amended by this act, shall be the office of the town
1046-clerk of the town of New Haven, and (2) an airline [permits,] permit
1047-issued under section 30-28a shall be the office of the town clerk of the
1048-town of Hartford. The fee for such filing shall be twenty dollars.
1049-Sec. 22. Section 30-54 of the 2022 supplement to the general statutes
1050-is repealed and the following is substituted in lieu thereof (Effective from
1051-passage):
1052-Every permittee, other than a corporation holding a cafe permit
1053-issued [pursuant to] under subsection [(k)] (h) of section 30-22a, as
1054-amended by this act, or an airline permit issued under section 30-28a,
1055-shall cause [his or her] such permittee's permit or a duplicate thereof to
1056-be framed and hung in plain view in a conspicuous place in any room
1057-where the sales so permitted are to be carried on.
1058-Sec. 23. Subsections (a) to (e), inclusive, of section 30-91 of the 2022
1059-supplement to the general statutes are repealed and the following is
1060-substituted in lieu thereof (Effective from passage):
1061-(a) The sale, [or the] dispensing, [or] consumption or [the] presence
1062-in glasses or other receptacles suitable to [permit] allow for the
1063-consumption of alcoholic liquor by an individual in places operating
1064-under hotel permits issued under section 30-21, restaurant permits
1065-issued under section 30-22, as amended by this act, cafe permits issued
1066-under section 30-22a, as amended by this act, Connecticut craft cafe
1067-permits issued under section 30-22d, as amended by this act, club
1068-permits issued under section 30-22aa, restaurant permits for catering
1069-establishments issued under section 30-22b, coliseum permits issued
1070-under section 30-33a, nonprofit public museum permits issued under
1071-section 30-37a, manufacturer permits for beer, a farm winery or wine,
1072-cider and mead issued under subsection (b), (c) or (d), respectively, of Substitute House Bill No. 5330
1073-
1074-Public Act No. 22-104 33 of 91
1075-
1076-section 30-16, casino permits issued under section 30-37k, caterer liquor
1077-permits issued under section 30-37j and charitable organization permits
1078-issued under section 30-37b shall be unlawful on: (1) Monday, Tuesday,
1079-Wednesday, Thursday and Friday between the hours of one o'clock a.m.
1080-and nine o'clock a.m.; (2) Saturday between the hours of two o'clock a.m.
1081-and nine o'clock a.m.; (3) Sunday between the hours of two o'clock a.m.
1082-and ten o'clock a.m.; (4) Christmas, except (A) for alcoholic liquor that is
1083-served where food is also available during the hours otherwise
1084-permitted by this section for the day on which Christmas falls, and (B)
1085-by casino permittees at casinos, as defined in section 30-37k; and (5)
1086-January first between the hours of three o'clock a.m. and nine o'clock
1087-a.m., except that on any Sunday that is January first the prohibitions of
1088-this section shall be between the hours of three o'clock a.m. and ten
1089-o'clock a.m.
1090-(b) Any town may, by vote of a town meeting or by ordinance, reduce
1091-the number of hours during which sales under subsection (a) of this
1092-section, except sales [pursuant to] under a cafe permit issued [pursuant
1093-to] under subsection (d) of section 30-22a, as amended by this act, shall
1094-be permissible. In all cases when a town, either by vote of a town
1095-meeting or by ordinance, has acted on the sale of alcoholic liquor or the
1096-reduction of the number of hours when such sale is permissible, such
1097-action shall become effective on the first day of the month succeeding
1098-such action and no further action shall be taken until at least one year
1099-has elapsed since the previous action was taken.
1100-(c) Notwithstanding any provisions of subsections (a) and (b) of this
1101-section, such sale, [or] dispensing, [or] consumption or presence in
1102-glasses in places operating under a cafe permit issued [pursuant to]
1103-under subsection (f) of section 30-22a, as amended by this act, shall be
1104-unlawful before eleven a.m. on any day, except in that portion of the
1105-permit premises which is located in a separate room or rooms entry to
1106-which, from the bowling lane area of the establishment, is by means of Substitute House Bill No. 5330
1107-
1108-Public Act No. 22-104 34 of 91
1109-
1110-a door or doors which shall remain closed at all times except to permit
1111-entrance and egress to and from the lane area. Any alcoholic liquor sold
1112-or dispensed in a place operating under a cafe permit issued [pursuant
1113-to] under subsection (f) of section 30-22a, as amended by this act, shall
1114-be served in containers such as, but not limited to, plastic or glass. Any
1115-town may, by vote of a town meeting or by ordinance, reduce the
1116-number of hours during which sales under this subsection shall be
1117-permissible.
1118-(d) The sale or dispensing of alcoholic liquor for off-premises
1119-consumption in places operating under package store permits [, drug
1120-store permits] issued under subsection (b) of section 30-20, as amended
1121-by this act, druggist permits issued under section 30-36, manufacturer
1122-permits [for beer or] issued under section 30-16, grocery store beer
1123-permits issued under subsection (c) of section 30-20, as amended by this
1124-act, or religious wine retailer permits issued under section 2 of this act
1125-shall be unlawful on Thanksgiving Day, New Year's Day and Christmas;
1126-and such sale or dispensing of alcoholic liquor for off-premises
1127-consumption in places operating under package store permits, [drug
1128-store] druggist permits, manufacturer permits for beer, [and] grocery
1129-store beer permits and religious wine retailer permits shall be unlawful
1130-on Sunday before ten o'clock a.m. and after six o'clock p.m. and on any
1131-other day before eight o'clock a.m. and after ten o'clock p.m. Any town
1132-may, by a vote of a town meeting or by ordinance, reduce the number
1133-of hours during which such sale shall be permissible.
1134-(e) (1) In the case of any premises operating under a cafe permit [,]
1135-issued under subsection (c) of section 30-22a, as amended by this act, or
1136-a Connecticut craft cafe permit issued under section 30-22d, as amended
1137-by this act, and wherein, under the provisions of this section, the sale of
1138-alcoholic liquor is forbidden on certain days or hours of the day, or
1139-during the period when [a cafe] such permit is suspended, it shall
1140-likewise be unlawful to keep such premises open to, or permit [it] such Substitute House Bill No. 5330
1141-
1142-Public Act No. 22-104 35 of 91
1143-
1144-premises to be occupied by, the public on such days or hours.
1145-(2) In the case of any premises operating under a cafe permit, it shall
1146-be unlawful to keep such premises open to, or permit such premises to
1147-be occupied by, the public between the hours of one o'clock a.m. and six
1148-o'clock a.m. on Monday, Tuesday, Wednesday, Thursday and Friday
1149-and between the hours of two o'clock a.m. and six o'clock a.m. on
1150-Saturday and Sunday or during any period of time when such permit is
1151-suspended, provided the sale, [or the] dispensing or consumption of
1152-alcohol on such premises operating under such cafe permit shall be
1153-prohibited beyond the hours authorized for the sale, [or] dispensing or
1154-consumption of alcohol for such premises under this section.
1155-(3) Notwithstanding any provision of this chapter, in the case of any
1156-premises operating under a cafe permit, it shall be lawful for such
1157-premises to be open to, or be occupied by, the public when such
1158-premises is being used as a site for film, television, video or digital
1159-production eligible for a film production tax credit pursuant to section
1160-12-217jj, provided the sale, [or the] dispensing or consumption of
1161-alcohol on such premises operating under such cafe permit shall be
1162-prohibited beyond the hours authorized for the sale, [or the] dispensing
1163-or consumption of alcohol for such premises under this section.
1164-Sec. 24. Subsection (e) of section 30-22 of the general statutes is
1165-repealed and the following is substituted in lieu thereof (Effective from
1166-passage):
1167-(e) "Restaurant" means space [,] that (1) is located in a suitable and
1168-permanent building, (2) is kept, used, maintained, advertised and held
1169-out to the public to be a place where hot meals are regularly served, [but
1170-which] (3) has no sleeping accommodations for the public, [and which
1171-shall be provided with] (4) has an adequate and sanitary kitchen and
1172-dining room, [and] (5) employs at all times an adequate number of
1173-employees, and (6) if such space has no effective separation between a Substitute House Bill No. 5330
1174-
1175-Public Act No. 22-104 36 of 91
1176-
1177-barroom and a dining room, includes at least four hundred square feet
1178-of dining space, and seating for at least twenty persons, in the dining
1179-room.
1180-Sec. 25. Section 30-22d of the general statutes is repealed and the
1181-following is substituted in lieu thereof (Effective from passage):
1182-(a) For the purposes of this section, "craft cafe" means a space that (1)
1183-is located in a suitable and permanent building, (2) is kept, used,
1184-maintained, advertised and held out to the public to be a place where
1185-alcoholic liquor and food are served at retail for consumption on the
1186-premises, (3) at all times has employed therein an adequate number of
1187-employees, (4) does not include public sleeping accommodations, and
1188-(5) need not necessarily have a dining room or kitchen.
1189-[(a)] (b) A Connecticut craft cafe permit shall allow the retail sale of
1190-alcoholic liquor manufactured in this state to be consumed on the
1191-premises of such craft cafe. The holder of such permit shall also hold a
1192-manufacturer permit issued under section 30-16, and shall keep food
1193-available during [a] the majority of the hours such permit premises are
1194-open [pursuant to] under this subsection for sale to, and consumption
1195-by, customers on [the] such permit premises. The availability of food
1196-from outside vendors located on or near the permit premises, [shall be
1197-deemed compliance with] delivered either directly by such outside
1198-vendors or indirectly through a third party, is sufficient to satisfy such
1199-requirement. The permit premises shall at all times comply with all
1200-regulations of the local department of health. Nothing [herein] in this
1201-section shall be construed to require that any food be sold or purchased
1202-with any alcoholic liquor, [nor shall any] and no rule, regulation or
1203-standard shall be promulgated or enforced [requiring] to require that
1204-[the sale] sales of food be substantial or that the business's receipts [of
1205-the business other than from the sale] from sales of alcoholic liquor
1206-equal any set percentage of total receipts from all sales made [therein]
1207-on the permit premises. A Connecticut craft cafe permit shall allow, with Substitute House Bill No. 5330
1208-
1209-Public Act No. 22-104 37 of 91
1210-
1211-[the prior approval of] the Department of Consumer [Protection]
1212-Protection's prior approval and if allowed under fire, zoning and health
1213-regulations, alcoholic liquor to be served at tables in outside areas that
1214-are screened or not screened from public view. [where permitted by fire,
1215-zoning and health regulations. If not required by] If fire, zoning or
1216-health regulations [,] do not require that such areas be enclosed by a
1217-fence or wall, [enclosing such outside areas shall not be required by the
1218-Department of Consumer Protection] the department shall not require
1219-that such areas be so enclosed. No such fence or wall [used to enclose
1220-such outside areas] shall be less than thirty inches high. [Such] A
1221-Connecticut craft cafe permit shall also authorize the sale, at retail from
1222-the permit premises [of] for consumption off the permit premises, of
1223-sealed containers supplied by the permittee of draught beer. [for
1224-consumption off the premises.] Such sales shall be conducted only
1225-during the hours that the holder of a manufacturer permit for beer
1226-issued under subsection (b) of section 30-16 is permitted to sell alcoholic
1227-liquor under the provisions of subsection (d) of section 30-91, as
1228-amended by this act. Not more than nine gallons of such beer shall be
1229-sold to any person on any day on which the sale of alcoholic liquor is
1230-authorized under the provisions of subsection (a) of section 30-91, as
1231-amended by this act. The annual fee for [a] each Connecticut craft cafe
1232-permit shall be three hundred dollars.
1233-[(b) As used in subsection (a) of this section, "craft cafe" means space
1234-in a suitable and permanent building, kept, used, maintained,
1235-advertised and held out to the public to be a place where alcoholic liquor
1236-and food is served for sale at retail for consumption on the premises but
1237-that does not necessarily serve hot meals, as specified in subsection (a)
1238-of this section, but shall have employed therein at all times an adequate
1239-number of employees. "Cafe" does not include sleeping
1240-accommodations for the public and need not necessarily have a kitchen
1241-or dining room.] Substitute House Bill No. 5330
1242-
1243-Public Act No. 22-104 38 of 91
1244-
1245-(c) The holder of a Connecticut craft cafe permit may purchase, for
1246-resale on such permit holder's premises, alcoholic liquor [for resale on
1247-such permit holder's premises] from the holder of a manufacturer
1248-permit for: (1) [Manufacturer permit for spirits issued pursuant to]
1249-Spirits issued under subsection (a) of section 30-16; [, (2) manufacturer
1250-permit for] (2) beer issued [pursuant to] under subsection (b) of section
1251-30-16; [, (3) manufacturer permit for] (3) a farm winery issued [pursuant
1252-to] under subsection (c) of section 30-16; [,] or (4) [manufacturer permit
1253-for] wine, cider and mead issued [pursuant to] under subsection (d) of
1254-section 30-16. The holder of a Connecticut craft cafe permit shall not
1255-purchase the same type of alcoholic liquor such permit holder
1256-manufactures from any holder of a manufacturer permit specified in
1257-subdivision (1), (2) or (3) of this subsection. The sale of such alcoholic
1258-liquor shall not [be] comprise more than twenty per cent of the
1259-Connecticut craft cafe permit holder's gross annual sales of all alcoholic
1260-liquor sold for [on-premise] on-premises consumption.
1261-Sec. 26. Subsection (c) of section 30-22e of the 2022 supplement to the
1262-general statutes is repealed and the following is substituted in lieu
1263-thereof (Effective from passage):
1264-(c) The seasonal outdoor open-air permit shall be effective either
1265-April first to September thirtieth, inclusive, or May first to October
1266-thirty-first, inclusive, of the same year. Such permit shall be issued by
1267-the Department of Consumer Protection subject to the limitations on
1268-hours of operation for a restaurant permittee, as specified in section 30-
1269-91, as amended by this act. [Any] No such permit shall [not] be
1270-renewable, and the [issuance of] department shall not issue a
1271-provisional seasonal outdoor open-air permit. [is prohibited.] Any
1272-backer of the permittee may [only] apply for only one [such] seasonal
1273-outdoor open-air permit per calendar year. The provisions of
1274-subdivision (3) of subsection (b) and subsection (c) of section 30-39, as
1275-amended by this act, do not apply to [such permit] seasonal outdoor Substitute House Bill No. 5330
1276-
1277-Public Act No. 22-104 39 of 91
1278-
1279-open-air permits. The annual fee for [a] each seasonal outdoor open-air
1280-permit shall be two thousand dollars.
1281-Sec. 27. Section 30-35b of the 2022 supplement to the general statutes
1282-is repealed and the following is substituted in lieu thereof (Effective from
1283-passage):
1284-[A ninety-day provisional permit shall allow the retail sale or
1285-manufacture of alcoholic liquor by any] The Department of Consumer
1286-Protection or Liquor Control Commission may, in the department's or
1287-commission's discretion, issue to any applicant, who makes a sworn
1288-application for a liquor permit under section 30-39, as amended by this
1289-act, and such applicant's backer, if any, a ninety-day provisional permit
1290-allowing such applicant and [his or her backer, if any, who has made
1291-application for a liquor permit pursuant to section 30-39 and may be
1292-issued at the discretion of the Liquor Control Commission or the
1293-Department of Consumer Protection] backer to manufacture or sell, at
1294-retail, alcoholic liquor. If such applicant or [such applicant's backer, if
1295-any,] backer causes any delay in the investigation conducted by the
1296-[Department of Consumer Protection] department pursuant to [said]
1297-section 30-39, as amended by this act, [the] such ninety-day provisional
1298-permit shall immediately cease [immediately. Only] to be effective. The
1299-department or commission shall issue only one [such] ninety-day
1300-provisional permit [shall be issued] to any such applicant and [his or
1301-her] applicant's backer [, if any,] for each location of the club or place of
1302-business which is to be operated under such permit. [and such] Such
1303-ninety-day provisional permit shall be nonrenewable, but may be
1304-extended due to delays not caused by the applicant. [Such] The
1305-department or commission shall not extend such permit [shall not be
1306-extended] beyond one year from the filing date, as defined in section 30-
1307-39, as amended by this act. The nonrefundable fee for such ninety-day
1308-provisional permit shall be five hundred dollars.
1309-Sec. 28. Section 30-81 of the 2022 supplement to the general statutes Substitute House Bill No. 5330
1310-
1311-Public Act No. 22-104 40 of 91
1312-
1313-is repealed and the following is substituted in lieu thereof (Effective from
1314-passage):
1315-No person who is [, by statute or regulation,] declared, under any
1316-provision of the general statutes or the regulations of Connecticut state
1317-agencies, to be an unsuitable person to hold a permit to sell alcoholic
1318-liquor shall be allowed to have a financial interest in any [such permit]
1319-business that is permitted to sell alcoholic liquor under any provision of
1320-the general statutes or the regulations of Connecticut state agencies.
1321-Except as provided in section 30-90a, no minor shall be employed [in
1322-any premises operating under a cafe permit in any capacity or] in
1323-handling any alcoholic liquor upon, [in] delivering any alcoholic liquor
1324-to [,] or [in] carrying or conveying any alcoholic liquor from [,] any
1325-permit premises.
1326-Sec. 29. Section 30-90 of the 2022 supplement to the general statutes
1327-is repealed and the following is substituted in lieu thereof (Effective from
1328-passage):
1329-Any permittee who, [by himself, his] either personally or through
1330-such permittee's servant or agent, [permits] allows any minor or any
1331-person to whom the sale or gift of alcoholic liquor has been [forbidden
1332-according to] prohibited by law to loiter on [his] the permit premises
1333-where [such] alcoholic liquor is kept for sale, or who allows any minor,
1334-other than a person [over age eighteen who is] who is at least eighteen
1335-years of age and an employee or permit holder under section 30-90a or
1336-a minor accompanied by [his] the minor's parent or guardian, to be in
1337-any room where alcoholic liquor is served at any bar, shall be subject to
1338-the penalties [of] described in section 30-113. For barrooms consisting of
1339-only one room and for permit premises without effective separation
1340-between a barroom and a dining room, [no] an unaccompanied minor
1341-may remain on the permit premises while waiting for and consuming
1342-food prepared on such permit premises. No minor may sit or stand at a
1343-consumer bar without being accompanied by a parent, guardian or Substitute House Bill No. 5330
1344-
1345-Public Act No. 22-104 41 of 91
1346-
1347-spouse.
1348-Sec. 30. Section 20-578 of the general statutes is repealed and the
1349-following is substituted in lieu thereof (Effective from passage):
1350-(a) Information received by the department, the commission or the
1351-Department of Public Health, through filed reports or inspection or as
1352-otherwise authorized under chapters 418, [and] 420b, 420c and 420f and
1353-sections 20-570 to 20-630, inclusive, shall not be disclosed publicly in
1354-such a manner as to identify individuals or institutions, except: (1) In a
1355-proceeding involving the question of licensure or the right to practice;
1356-[,] and (2) in a proceeding where the commission has voted in favor of
1357-formal disciplinary action against a pharmacist or pharmacy licensed
1358-pursuant to this chapter, when such disciplinary action is related to an
1359-error in the dispensing of medication. Nothing in this section shall be
1360-construed to prohibit the commissioner from disclosing information
1361-gained through the inspection of pharmacies and outlets holding
1362-permits for the sale of nonlegend drugs if the commissioner considers
1363-such disclosure to be in the interest of public health.
1364-(b) Notwithstanding the provisions of subsection (a) of this section,
1365-section 21a-265 and chapter 55, the Commissioners of Consumer
1366-Protection and Public Health and the authorized agents of said
1367-commissioners, in carrying out their duties under subsection (a) of this
1368-section, may: (1) Exchange information relating to a license or
1369-registration issued by their respective agencies; [,] or (2) exchange
1370-investigative information relating to violations of this chapter with each
1371-other, [with] the Chief State's Attorney and [with] any agencies charged
1372-with [the enforcement of] enforcing the pharmacy or drug laws of the
1373-United States, this state [and all] or other jurisdictions.
1374-Sec. 31. Subsection (a) of section 20-621a of the 2022 supplement to
1375-the general statutes is repealed and the following is substituted in lieu
1376-thereof (Effective from passage): Substitute House Bill No. 5330
1377-
1378-Public Act No. 22-104 42 of 91
1379-
1380-(a) As used in this section: [,] (1) ["long-term care pharmacy"] "Long-
1381-term care pharmacy" (A) means a pharmacy licensed under section 20-
1382-594, or registered as a nonresident pharmacy under section 20-627, that
1383-stores and dispenses legend drugs and legend devices to patients or
1384-residents of licensed nursing homes, rest homes, residential care homes
1385-or other supervised residential facilities and from which related
1386-pharmaceutical care services are provided, and (B) includes pharmacies
1387-located both inside and outside of such facilities but does not include
1388-those that are part of a licensed hospital; [,] (2) "nursing home" has the
1389-same meaning as provided in section 19a-490; [,] and (3) "automated
1390-prescription dispensing machine" has the same meaning as provided in
1391-section 20-571. A long-term care pharmacy may operate an automated
1392-prescription dispensing machine in a nursing home in accordance with
1393-a protocol approved in writing by the Department of Consumer
1394-Protection, until such time as regulations are adopted pursuant to
1395-subsection (b) of this section. The annual fee to operate an automated
1396-prescription dispensing machine shall be one hundred dollars per
1397-machine.
1398-Sec. 32. Section 21a-248 of the general statutes is repealed and the
1399-following is substituted in lieu thereof (Effective from passage):
1400-(a) A licensed manufacturer or wholesaler may sell and dispense
1401-controlled drugs to any of the following-named persons, but in the case
1402-of schedule II drugs only on an official written order or electronically
1403-through the Drug Enforcement Agency's Controlled Substance
1404-Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2)
1405-to a physician, dentist or veterinarian; (3) to a person in charge of a
1406-hospital, incorporated college or scientific institution, but only for use
1407-by or in that hospital, incorporated college or scientific institution for
1408-medical or scientific purposes; (4) to a person in charge of a laboratory,
1409-but only for use in that laboratory for scientific and medical purposes;
1410-and (5) to any registrant as defined in subdivision (47) of section 21a- Substitute House Bill No. 5330
1411-
1412-Public Act No. 22-104 43 of 91
1413-
1414-240.
1415-(b) A licensed manufacturer or wholesaler may sell controlled drugs
1416-only to registrants when permitted under federal and state laws and
1417-regulations.
1418-(c) An official [written] order for any schedule I or II drug shall be
1419-signed [in triplicate] by the person giving such order or by [his] such
1420-person's authorized agent and [the original] such order shall be
1421-presented to the person who sells or dispenses the drug or drugs named
1422-therein as provided by federal [laws] law. If such order is accepted by
1423-such person, each party to the transaction shall preserve [his] such
1424-party's copy of such order for a period of three years in such a way so
1425-as to be readily accessible for inspection by any public officer or
1426-employee engaged in the enforcement of this chapter.
1427-(d) The manufacturer or wholesaler shall keep records of all sales and
1428-dispensing of controlled drugs and shall comply fully with applicable
1429-provisions of the federal controlled drug laws and the federal food and
1430-drug laws, and the state food, drug and cosmetic laws in such sale or
1431-dispensing of controlled drugs.
1432-(e) Possession or control of controlled drugs obtained as authorized
1433-by this section shall be lawful only if obtained in the regular course of
1434-the business, occupation, profession, employment or duty of the
1435-possessor.
1436-(f) A person in charge of a hospital, incorporated college or scientific
1437-institution, or of a laboratory, or in the employ of this state or of any
1438-other state, or of any political subdivision thereof, and a master or other
1439-proper officer of a ship or aircraft, who obtains controlled drugs under
1440-the provisions of this section or otherwise, shall not administer, or
1441-dispense, or otherwise use such drugs within this state, except within
1442-the scope of [his] such person's, master's or officer's employment or Substitute House Bill No. 5330
1443-
1444-Public Act No. 22-104 44 of 91
1445-
1446-official duty, and then only for scientific or medicinal purposes or for
1447-the purposes of research or analysis and subject to the provisions of this
1448-chapter.
1449-Sec. 33. Section 28-32 of the general statutes is repealed and the
1450-following is substituted in lieu thereof (Effective from passage):
1451-(a) For purposes of this section and section 28-32a:
1452-(1) (A) "Drugs" means [(A)] (i) substances recognized as drugs in the
1453-official United States Pharmacopoeia, official Homeopathic
1454-Pharmacopoeia of the United States [,] or official National Formulary,
1455-or any supplement to any of said publications, [; (B)] (ii) substances
1456-intended for use in [the diagnosis, cure, mitigation, treatment or
1457-prevention of] curing, diagnosing, mitigating, preventing or treating
1458-disease in [man] humans or other animals, [; (C)] (iii) substances, other
1459-than food, intended to affect the structure or any function of the body of
1460-[man] humans or other animals, [;] and [(D)] (iv) substances intended
1461-for use as a component of any article specified in [subparagraph (A), (B)
1462-or (C)] subparagraph (A)(i), (A)(ii) or (A)(iii) of this subdivision.
1463-(B) "Drugs" does not include devices or their components, parts or
1464-accessories. [;]
1465-(2) (A) "Controlled drugs" means those drugs which contain any
1466-quantity of a substance which has been designated as subject to the
1467-federal Controlled Substances Act, or which has been designated as a
1468-depressant or stimulant drug pursuant to federal food and drug laws,
1469-or which has been designated by the Commissioner of Consumer
1470-Protection pursuant to section 21a-243 as having a stimulant, depressant
1471-or hallucinogenic effect upon the higher functions of the central nervous
1472-system and as having a tendency to promote abuse or psychological or
1473-physiological dependence, or both. Such controlled drugs are
1474-classifiable as amphetamine-type, barbiturate-type, cannabis-type, Substitute House Bill No. 5330
1475-
1476-Public Act No. 22-104 45 of 91
1477-
1478-cocaine-type, hallucinogenic, morphine-type and other stimulant and
1479-depressant drugs.
1480-(B) "Controlled drugs" does not include alcohol, nicotine or caffeine.
1481-[;]
1482-(3) (A) "Controlled substance" means a drug, substance or immediate
1483-precursor in schedules I to V, inclusive, of the Connecticut controlled
1484-substance scheduling regulations adopted pursuant to section 21a-243.
1485-(B) "Controlled substance" does not include alcohol, nicotine or
1486-caffeine.
1487-(4) "Medical devices" means apparatuses, contrivances and
1488-instruments, including their accessories, components and parts,
1489-intended (A) for use in curing, diagnosing, mitigating, preventing or
1490-treating disease in humans or other animals, or (B) to affect the structure
1491-or any function of the body of humans or other animals.
1492-(b) Upon declaration of an emergency by the Governor or the
1493-Governor's authorized representative having authority to declare
1494-emergencies, a hospital pharmacy, pharmacy or registrant authorized
1495-by state or federal law to be in possession of controlled substances may,
1496-in accordance with applicable federal regulations, policies and
1497-guidelines and with prior approval of the Commissioner of Consumer
1498-Protection, transfer or distribute drugs, [or] controlled drugs or medical
1499-devices to a licensed pharmacy, a registrant authorized by state or
1500-federal law to be in possession of controlled substances, or a location
1501-authorized by the commissioner. Such registrant shall record the
1502-transfer accurately and in compliance with all state and federal statutes
1503-and regulations and shall report the transfer, in writing, to the
1504-commissioner.
1505-Sec. 34. Section 21a-79 of the general statutes is repealed and the
1506-following is substituted in lieu thereof (Effective from passage): Substitute House Bill No. 5330
1507-
1508-Public Act No. 22-104 46 of 91
1509-
1510-(a) For the purposes of this section: [(1) "consumer commodity" and
1511-"unit of a consumer commodity" have]
1512-(1) "Alcoholic liquor" has the same meaning as provided in section
1513-30-1, as amended by this act;
1514-(2) "Carbonated soft drink container" means an individual, separate
1515-sealed glass, metal or plastic bottle, can, carton or jar containing a
1516-carbonated liquid soft drink that is sold separately or in packages of not
1517-more than twenty-four individual containers;
1518-(3) "Consumer commodity" has the same meaning as provided in
1519-section 21a-73, except that [consumer commodity] "consumer
1520-commodity" does not include alcoholic liquor [, as defined in
1521-subdivision (3) of section 30-1,] or a carbonated soft drink container; [(2)
1522-"carbonated soft drink container" means an individual, separate, sealed
1523-glass, metal or plastic bottle, can, jar or carton containing a carbonated
1524-liquid soft drink sold separately or in packages of not more than twenty-
1525-four individual containers; (3) "universal product coding"]
1526-(4) "Electronic pricing system" means a system that utilizes, by means
1527-of a scanner, universal product coding bar codes in combination with a
1528-cash register to record and total a consumer's purchases;
1529-(5) "Electronic shelf labeling system" means an electronic system that
1530-utilizes an electronic device which (A) is attached to a shelf, or at any
1531-other point of sale, immediately above or below an item, (B) clearly and
1532-conspicuously displays to consumers the price and unit price of a
1533-consumer commodity, and (C) reads the same data as an electronic cash
1534-register scanning system;
1535-(6) "End cap display" means a location in a retail sales area that is at
1536-the immediate end of an aisle;
1537-(7) "Unit of a consumer commodity" has the same meaning as Substitute House Bill No. 5330
1538-
1539-Public Act No. 22-104 47 of 91
1540-
1541-provided in section 21a-73; and
1542-(8) "Universal product coding" means any system of coding that
1543-entails electronic pricing. [; (4) an electronic shelf labeling system is an
1544-electronic system that utilizes an electronic device attached to the shelf
1545-or at any other point of sale, immediately below or above the item, that
1546-conspicuously and clearly displays to the consumer the unit price and
1547-the price of the consumer commodity. Such electronic shelf labeling
1548-system reads the exact same data as the electronic cash register scanning
1549-system; and (5) an electronic pricing system is a system that utilizes the
1550-universal product coding bar code by means of a scanner in combination
1551-with the cash register to record and total a customer's purchases.]
1552-(b) (1) (A) Any person who, or association, corporation, firm [,] or
1553-partnership [, association or corporation] that, [utilizes] uses universal
1554-product coding [in totaling] to total a retail [customer's] consumer's
1555-purchases shall mark, or cause to be marked, each consumer commodity
1556-that bears a [Universal Product Code] universal product code with [its]
1557-such consumer commodity's retail price.
1558-(B) Any person who, or association, corporation, firm [,] or
1559-partnership [, association or corporation] that, [utilizes] uses an
1560-electronic pricing system [in totaling] to total a retail consumer's
1561-purchases shall provide [each] to such consumer [with] an item-by-item
1562-digital display, plainly visible to [the] such consumer as each universal
1563-[pricing] product code is scanned, of the price of each carbonated soft
1564-drink container or consumer commodity, [or carbonated soft drink
1565-container,] or both, which such consumer has selected for purchase [by
1566-such consumer prior to accepting] before such person, association,
1567-corporation, firm or partnership accepts payment from such consumer
1568-for such carbonated soft drink container or consumer commodity, or
1569-[container] both. The provisions of this subparagraph [do] shall not be
1570-construed to apply to any person who, or association, corporation, firm
1571-[,] or partnership [, association or corporation] that, is operating in a Substitute House Bill No. 5330
1572-
1573-Public Act No. 22-104 48 of 91
1574-
1575-retail sales area of not more than ten thousand square feet.
1576-(2) The provisions of subparagraph (A) of subdivision (1) of this
1577-subsection shall not apply if [:] (A) [The] the Commissioner of Consumer
1578-Protection, by regulation, allows for the [utilization] use of electronic
1579-shelf labeling systems, [;] (B) [a retailer is granted] the commissioner
1580-grants to a person, association, corporation, firm or partnership
1581-approval to [utilize] use an electronic shelf labeling system, [by the
1582-commissioner;] (C) the [retailer has demonstrated] person, association,
1583-corporation, firm or partnership demonstrates, to the commissioner's
1584-satisfaction, [of the commissioner] that such electronic shelf labeling
1585-system is supported by an electronic pricing system that [utilizes] uses
1586-universal product coding [in totaling] to total a retail [customer's]
1587-consumer's purchases, [;] and (D) [the retailer] such person, association,
1588-corporation, firm or partnership has received the commissioner's
1589-approval for such an electronic pricing system. [by the commissioner.]
1590-(3) The provisions of subparagraph (A) of subdivision (1) of this
1591-subsection shall not apply to a person, association, corporation, firm or
1592-partnership if [:] (A) [The retailer has met] the conditions [of] established
1593-in subdivision (2) of this subsection [;] have been satisfied, and (B) the
1594-[retailer] person, association, corporation, firm or partnership has
1595-received the Commissioner of Consumer Protection's permission [by the
1596-commissioner] to suspend implementation of the electronic pricing
1597-system for a period, not to exceed thirty days, [in order to allow the
1598-retailer] to enable such person, association, corporation, firm or
1599-partnership, or an agent acting on behalf of [the retailer] such person,
1600-association, corporation, firm or partnership, to [reset,] remodel, repair,
1601-reset or otherwise modify such electronic pricing system at the retail
1602-establishment.
1603-(4) The provisions of subparagraph (A) of subdivision (1) of this
1604-subsection shall not apply to a person, association, corporation, firm or
1605-partnership if [:] (A) [The retailer] the person, association, corporation, Substitute House Bill No. 5330
1606-
1607-Public Act No. 22-104 49 of 91
1608-
1609-firm or partnership applies for, and [is approved for] the Commissioner
1610-of Consumer Protection approves, an exemption [by the Commissioner
1611-of Consumer Protection] for such person, association, corporation, firm
1612-or partnership, (B) [the retailer] such person, association, corporation,
1613-firm or partnership demonstrates, to the commissioner's satisfaction, [of
1614-the commissioner] that [the retailer] such person, association,
1615-corporation, firm or partnership has achieved price scanner accuracy of
1616-at least ninety-eight per cent, as determined by the latest version of the
1617-National Institute of Standards and Technology Handbook 130,
1618-"Examination Procedures for Price Verification", as adopted by The
1619-National Conference on Weights and Measures, [",] (C) [the retailer]
1620-such person, association, corporation, firm or partnership pays an
1621-application fee, to be used to offset annual inspection costs, of three
1622-hundred fifteen dollars, if the premises consists of less than twenty
1623-thousand square feet of retail space, [and] or six hundred twenty-five
1624-dollars, if the premises consists of at least twenty thousand square feet
1625-[or more] of retail space, (D) [the retailer] such person, association,
1626-corporation, firm or partnership makes available a consumer price test
1627-scanner that is approved by the commissioner and located prominently
1628-in an easily accessible location for each twelve thousand square feet of
1629-retail floor space, or fraction thereof, and (E) price accuracy inspections
1630-resulting in less than ninety-eight per cent price scanner accuracy are
1631-reinspected, without penalty, and [the retailer] such person, association,
1632-corporation, firm or partnership pays a two-hundred-fifty-dollar
1633-reinspection fee.
1634-(5) Notwithstanding any provision of this subsection, consumer
1635-commodities that are offered for sale and [that are] located on an end
1636-cap display within the retail sales area [are] shall not be subject to the
1637-requirements [specified under] established in this subsection, provided
1638-any information that would otherwise have been made available to a
1639-consumer pursuant to this section is clearly and conspicuously posted
1640-on or adjacent to such end cap. [For purposes of this subdivision, "end Substitute House Bill No. 5330
1641-
1642-Public Act No. 22-104 50 of 91
1643-
1644-cap display" means the location in the retail sales area that is at the
1645-immediate end of an aisle.]
1646-(6) Consumer commodities that are advertised in a publicly
1647-circulated printed form as being offered for sale at a reduced retail price
1648-for a minimum seven-day period need not be individually marked at
1649-such reduced retail price, provided such consumer commodities are
1650-individually marked with their regular retail price and a conspicuous
1651-sign [is] adjacent to such consumer commodities [, which sign] discloses
1652-[:] (A) [The] such reduced retail price and [its] the unit price [;] of such
1653-consumer commodities, and (B) a statement disclosing that [the item]
1654-the cashier will [be] electronically [priced] price such consumer
1655-commodities at [the] such reduced price. [by the cashier.]
1656-(7) [If] (A) Except as provided in subparagraph (B) of this
1657-subdivision, if a consumer commodity is offered for sale and [its] the
1658-consumer commodity's electronic price is higher than the posted price,
1659-then one item of such consumer commodity, up to a value of twenty
1660-dollars, shall be given to the consumer at no cost to the consumer. A
1661-conspicuous sign shall adequately disclose to the consumer that in the
1662-event the electronic price is higher than the posted retail price, one item
1663-of such consumer commodity shall be given to the [customer] consumer
1664-at no cost to the consumer.
1665-(B) The provisions of subparagraph (A) of this subdivision shall not
1666-apply to a person, association, corporation, firm or partnership in cases
1667-where the person, association, corporation, firm or partnership (i)
1668-improperly fails to redeem a digital or paper coupon which, if properly
1669-redeemed, would reduce the price of a consumer commodity, or (ii) fails
1670-to remove a sign adjoining a consumer commodity and disclosing a
1671-time-limited reduced price for the consumer commodity after the time
1672-period specified for such reduced price has expired.
1673-(8) If a consumer presents a digital or paper coupon which, if Substitute House Bill No. 5330
1674-
1675-Public Act No. 22-104 51 of 91
1676-
1677-properly redeemed, would reduce the price of a consumer commodity
1678-and the person, association, corporation, firm or partnership fails to
1679-properly redeem such coupon, such person, association, corporation,
1680-firm or partnership shall provide to the consumer a refund in an amount
1681-that is equal to the value of such coupon. If a person, association,
1682-corporation, firm or partnership offers a consumer commodity for sale
1683-at a reduced price for a specified time period, and a sign disclosing such
1684-reduced price remains adjacent to the consumer commodity following
1685-expiration of such time period, the person, association, corporation, firm
1686-or partnership shall only require a consumer to pay the reduced price
1687-disclosed in such sign for such consumer commodity.
1688-(c) (1) The Commissioner of Consumer Protection may adopt
1689-regulations, in accordance with the provisions of chapter 54, concerning
1690-the marking of prices, and use of universal product coding, on each unit
1691-of a consumer commodity.
1692-(2) The Commissioner of Consumer Protection may adopt
1693-regulations, in accordance with the provisions of chapter 54, designating
1694-not more than twelve consumer commodities that need not be marked
1695-in accordance with the provisions of subdivision (1) of subsection (b) of
1696-this section and specifying the method of providing adequate disclosure
1697-to consumers to [insure] ensure that the electronic pricing of the
1698-designated consumer commodities is accurate. The commissioner may
1699-also establish, by regulation, methods to protect consumers against
1700-electronic pricing errors of such designated consumer commodities and
1701-to [insure] ensure that the electronic prices of such designated consumer
1702-commodities are accurate. Among the methods that the commissioner
1703-may consider are conditions similar to those set forth in subdivision (5)
1704-of subsection (b) of this section.
1705-(d) The Commissioner of Consumer Protection, after providing
1706-notice and conducting a hearing in accordance with the provisions of
1707-chapter 54, may issue a warning citation to, or impose a civil penalty of Substitute House Bill No. 5330
1708-
1709-Public Act No. 22-104 52 of 91
1710-
1711-not more than one hundred dollars for the first offense and not more
1712-than five hundred dollars for each subsequent offense on, any person [,]
1713-who, or association, corporation, firm [,] or partnership [, association or
1714-corporation] that, violates any provision of subsection (b) of this section,
1715-or any regulation adopted pursuant to subsection (c) of this section. Any
1716-person who, or association, corporation, firm [,] or partnership [,
1717-association or corporation] that, violates any provision of subsection (b)
1718-of this section, or any regulation adopted pursuant to subsection (c) of
1719-this section, shall be fined not more than two hundred dollars for the
1720-first offense and not more than one thousand dollars for each
1721-subsequent offense. Each violation with respect to all units of a
1722-particular consumer commodity on any single day shall be deemed a
1723-single offense.
1724-Sec. 35. Section 21a-79b of the general statutes is repealed and the
1725-following is substituted in lieu thereof (Effective from passage):
1726-(a) For the purposes of this section, "consumer commodity" has the
1727-same meaning as provided in section [21a-73, except that "consumer
1728-commodity" does not include alcoholic liquor, as defined in subdivision
1729-(3) of section 30-1, or a carbonated soft drink container] 21a-79, as
1730-amended by this act.
1731-(b) (1) Notwithstanding the provisions of section 21a-79, as amended
1732-by this act, and except as provided in subdivision (2) of this subsection,
1733-if a retailer offers to a consumer a consumer commodity, including, but
1734-not limited to, [fruits] any fruit or [vegetables] vegetable weighed at the
1735-point of sale, [is offered for sale by a retailer] and [its] the price of the
1736-consumer commodity to the consumer at the point of sale is [higher]
1737-greater than the [posted or] advertised or posted retail price for such
1738-consumer commodity, [then] such retailer shall give such consumer
1739-commodity [, up to a value of twenty dollars, shall be given] to [the]
1740-such consumer, at no cost to such consumer, if the value of such
1741-consumer commodity is not more than twenty dollars. [A conspicuous] Substitute House Bill No. 5330
1742-
1743-Public Act No. 22-104 53 of 91
1744-
1745-Retailers shall post a sign, [shall] in a conspicuous location, which
1746-adequately [disclose] discloses to [the consumer] consumers that in the
1747-event [such] the retail price of a consumer commodity is [higher] greater
1748-than the [posted or] advertised or posted retail price [,] for the consumer
1749-commodity, the retailer shall give such consumer commodity [shall be
1750-given] to the [customer] consumer at no cost to the consumer.
1751-(2) The provisions of subdivision (1) of this subsection shall not apply
1752-to a retailer if the retailer (A) improperly fails to redeem a digital or
1753-paper coupon which, if properly redeemed, would reduce the price of a
1754-consumer commodity, or (B) fails to remove a sign adjoining a consumer
1755-commodity and disclosing a time-limited reduced price for the
1756-consumer commodity after the time period specified for such reduced
1757-price has expired.
1758-(c) Notwithstanding the provisions of section 21-79 and except as
1759-provided in subsection (b) of this section, if a consumer presents a
1760-digital or paper coupon which, if properly redeemed, would reduce the
1761-price of a consumer commodity, including, but not limited to, any fruit
1762-or vegetable weighed at the point of sale, and the retailer fails to
1763-properly redeem such coupon, such retailer shall provide to the
1764-consumer a refund in an amount that is equal to the value of such
1765-coupon. If a retailer offers a consumer commodity, including, but not
1766-limited to, any fruit or vegetable weighed at the point of sale, for sale at
1767-a reduced price for a specified time period, and a sign disclosing such
1768-reduced price remains adjacent to the consumer commodity after
1769-expiration of such time period, the retailer shall only require a consumer
1770-to pay the reduced price disclosed in such sign for such consumer
1771-commodity.
1772-[(c)] (d) The Commissioner of Consumer Protection, after providing
1773-notice and conducting a hearing in accordance with the provisions of
1774-chapter 54, may issue a warning citation to, or impose a civil penalty of
1775-not more than one hundred dollars for the first offense and not more Substitute House Bill No. 5330
1776-
1777-Public Act No. 22-104 54 of 91
1778-
1779-than five hundred dollars for each subsequent offense on, any person
1780-who, or association, corporation, firm [,] or partnership [, association or
1781-corporation] that, violates any provision of subsection (b) or (c) of this
1782-section. Each violation with respect to all units of a particular consumer
1783-commodity on any single day shall be deemed a single offense.
1784-[(d)] (e) The provisions of this section do not apply to any person,
1785-association, corporation, firm [,] or partnership [, association or
1786-corporation] operating in a retail sales area of not more than ten
1787-thousand square feet.
1788-Sec. 36. Section 42-133ff of the general statutes is repealed and the
1789-following is substituted in lieu thereof (Effective from passage):
1790-(a) For the purposes of this section:
1791-(1) (A) "Agent" (i) means any person who (I) arranges for the
1792-distribution of services by another person, or (II) leases, rents or sells
1793-tangible or intangible personal, real or mixed property, or any other
1794-article, commodity or thing of value, on behalf of another person, and
1795-(ii) includes, but is not limited to, (I) any person who is duly appointed
1796-as an agent by a common c arrier, (II) any person who sells
1797-transportation, travel or vacation arrangements on behalf of another
1798-person who is engaged in the business of furnishing transportation,
1799-travel or vacation services, and (III) any member of a cruise line
1800-association that operates exclusively as an agent for cruise lines to sell
1801-cruise travel products or services.
1802-(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a
1803-common carrier, or (iii) any person engaged in the business of
1804-furnishing transportation, travel or vacation services.
1805-(2) "Charge card" (A) means any card, device or instrument that (i) is
1806-issued, with or without a fee, to a holder and requires the holder to pay
1807-the full outstanding balance due on such card, device or instrument at Substitute House Bill No. 5330
1808-
1809-Public Act No. 22-104 55 of 91
1810-
1811-the end of each standard billing cycle established by the issuer of such
1812-card, device or instrument, and (ii) may be used by the holder in a
1813-transaction to receive services or lease, purchase or rent tangible or
1814-intangible personal, real or mixed property, or any other article,
1815-commodity or thing of value, and (B) includes, but is not limited to, any
1816-software application that (i) is used to store a digital form of such card,
1817-device or instrument, and (ii) may be used in a transaction to receive
1818-such services or lease, purchase or rent any such property, article,
1819-commodity or thing.
1820-(3) "Credit card" (A) means any card, device or instrument that (i) is
1821-issued, with or without a fee, to a holder, and (ii) may be used by the
1822-holder in a transaction to receive services or lease, purchase or rent
1823-tangible or intangible personal, real or mixed property, or any other
1824-article, commodity or thing of value on credit, regardless of whether
1825-such card, device or instrument is known as a credit card, credit plate or
1826-by any other name, and (B) includes, but is not limited to, any software
1827-application that (i) is used to store a digital form of such card, device or
1828-instrument, and (ii) may be used in a transaction to receive such services
1829-or lease, purchase or rent any such property, article, commodity or thing
1830-on credit.
1831-(4) (A) "Debit card" (i) means any card, code, device or other means
1832-of access, or any combination thereof, that (I) is authorized or issued for
1833-use to debit an asset account held, directly or indirectly, by a financial
1834-institution, and (II) may be used in a transaction to receive services or
1835-lease, purchase or rent tangible or intangible personal, real or mixed
1836-property, or any other article, commodity or thing of value regardless of
1837-whether such card, code, device, means or combination is known as a
1838-debit card, and (ii) includes, but is not limited to, (I) any software
1839-application that is used to store a digital form of such card, code, device
1840-or other means of access, or any combination thereof, that may be used
1841-in a transaction to receive such services or lease, purchase or rent any Substitute House Bill No. 5330
1842-
1843-Public Act No. 22-104 56 of 91
1844-
1845-such property, article, commodity or thing, and (II) any cards, codes,
1846-devices or other means of access, or any combination thereof, commonly
1847-known as automated teller machine cards and payroll cards.
1848-(B) "Debit card" does not mean (i) a check, draft or similar paper
1849-instrument, or (ii) any electronic representation of such check, draft or
1850-instrument.
1851-(5) "Person" means any natural person, corporation, incorporated or
1852-unincorporated association, limited liability company, partnership,
1853-trust or other legal entity.
1854-(6) "Surcharge" means any additional charge or fee that increases the
1855-total amount of a transaction for the privilege of using a particular form
1856-of payment.
1857-(7) (A) "Transaction" means distribution by one person to another
1858-person of any service, or the lease, rental or sale by one person of any
1859-tangible or intangible personal, real or mixed property, or any other
1860-article, commodity or thing of value to another person, for a certain
1861-price.
1862-(B) "Transaction" does not mean payment of any (i) fees, costs, fines
1863-or other charges to a state agency authorized by the Secretary of the
1864-Office of Policy and Management under section 1-1j, (ii) taxes, penalties,
1865-interest and fees allowed by the Commissioner of Revenue Services in
1866-accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or
1867-other charges, to a municipality in accordance with section 12-141a, (iv)
1868-fees, costs, fines or other charges to the Judicial Branch in accordance
1869-with section 51-193b, or (v) sum pursuant to any other provision of the
1870-general statutes or regulation of Connecticut state agencies.
1871-[(a)] (b) No [seller] person may impose a surcharge [on a buyer who
1872-elects to use any method of payment, including, but not limited to, cash,
1873-check, credit card or electronic means, in] on any [sales] transaction. Substitute House Bill No. 5330
1874-
1875-Public Act No. 22-104 57 of 91
1876-
1877-[(b) Any seller who accepts or offers to accept a bank credit card
1878-bearing a trade name as a means of payment shall accept any bank credit
1879-card bearing such trade name presented by a cardholder,
1880-notwithstanding the identity of the card issuer. For the purposes of this
1881-subsection, "bank credit card" means any credit card issued by a bank,
1882-savings bank, savings and loan association or credit union.]
1883-(c) (1) Nothing in this section shall prohibit any [seller] person from
1884-offering a discount [to a buyer] on any transaction to induce [such buyer
1885-to pay] payment by cash, check, debit card [, check] or similar means
1886-rather than by charge card or credit card. No person may offer any such
1887-discount unless such person posts a notice disclosing such discount.
1888-Such person shall clearly and conspicuously (A) post such notice on
1889-such person's premises if such person conducts transactions in-person,
1890-(B) display such notice on the Internet web site or digital payment
1891-application before completing any online transaction or transaction that
1892-is processed by way of such digital payment application, and (C)
1893-verbally provide such notice before completing any oral transaction,
1894-including, but not limited to, any telephonic transaction.
1895-(2) In furtherance of the legislative findings contained in section 42-
1896-133j, no existing or future agreement or contract [or agreement] shall
1897-prohibit a gasoline distributor or retailer [or distributor] from offering a
1898-discount to a buyer based upon the method [of payment by] such buyer
1899-uses to pay for such gasoline. Any provision in such [contract or]
1900-agreement or contract prohibiting such [retailer or] distributor or
1901-retailer from offering such discount is void and without effect [as]
1902-because such provision is contrary to public policy.
1903-[(d) Nothing in this section shall prohibit any seller from conditioning
1904-acceptance of a credit card on a buyer's minimum purchase. Each seller
1905-shall disclose any such minimum purchase policy orally or in writing at
1906-the point of purchase. For the purposes of this subsection, "at the point
1907-of purchase" includes, but is not limited to, at or on a cash register and Substitute House Bill No. 5330
1908-
1909-Public Act No. 22-104 58 of 91
1910-
1911-in an advertisement or menu.
1912-(e) No provider of travel services may impose a surcharge on or
1913-reduce the commission paid to a travel agent who acts as an agent for
1914-such provider if the buyer uses a credit card to purchase such provider's
1915-travel services. A violation of any provision of this subsection shall be
1916-deemed an unfair or deceptive trade practice under subsection (a) of
1917-section 42-110b. As used in this subsection, "provider of travel services"
1918-means a person, firm or corporation engaged in the business of
1919-furnishing travel, transportation or vacation services, but does not
1920-include a travel agent, and "travel agent" means a person, firm,
1921-corporation or other entity that (1) is (A) a duly appointed agent of a
1922-common carrier, or (B) a member of a cruise line association and
1923-operates exclusively as an agent for cruise lines in the sale of cruise
1924-travel products or services, and (2) offers or sells travel, transportation
1925-or vacation arrangements as an agent for a provider of travel services,
1926-but does not include a common carrier or an employee of a common
1927-carrier.]
1928-(d) No person shall condition acceptance of a charge card or credit
1929-card for a transaction on a requirement that the transaction be in a
1930-minimum amount unless such person discloses such requirement. Such
1931-person shall clearly and conspicuously (1) post such notice on such
1932-person's premises if such person conducts transactions in-person, (2)
1933-display such notice on the Internet web site or digital payment
1934-application before completing any online transaction or transaction
1935-processed by way of such digital payment application, and (3) verbally
1936-provide such notice before completing any oral transaction, including,
1937-but not limited to, any telephonic transaction.
1938-(e) No person may reduce the amount of any commission paid to an
1939-agent for such person in a transaction because a charge card or credit
1940-card was used to provide payment as part of such transaction. Substitute House Bill No. 5330
1941-
1942-Public Act No. 22-104 59 of 91
1943-
1944-(f) A violation of any provision of this section shall be deemed an
1945-unfair or deceptive trade practice under subsection (a) of section 42-
1946-110b. The Commissioner of Consumer Protection may impose an
1947-additional civil penalty for any violation of this section. The amount of
1948-such additional civil penalty shall not exceed five hundred dollars per
1949-violation. Payments of such additional civil penalty shall be deposited
1950-in the consumer protection enforcement account established in section
1951-21a-8a.
1952-(g) The Commissioner of Consumer Protection may adopt
1953-regulations, in accordance with the provisions of chapter 54, to
1954-implement the provisions of this section.
1955-Sec. 37. (NEW) (Effective July 1, 2022) Any contractor who is licensed
1956-under chapter 393 of the general statutes and engaged to perform work
1957-on a private residence, and any person who owns or controls a business
1958-that is engaged to perform work on, or render services concerning, a
1959-private residence through persons licensed under chapter 393 of the
1960-general statutes to perform such work or render such services, shall
1961-include in the invoice or work order for such work or services, provided
1962-such invoice or work order is not signed by the consumer and therefore
1963-may constitute a contract, when complete: (1) The full legal name and
1964-license number of such licensed contractor or the licensed contractor of
1965-record for such business for such work or services, which licensed
1966-contractor or licensed contractor of record is liable for the work of any
1967-individual who performs work on such contractor's behalf related to the
1968-invoiced work or services; (2) such licensed contractor's address or, in
1969-the case of a business, the business's address and phone number; (3) a
1970-description of such work or services; (4) the labor and material costs of
1971-such work or services; (5) the date or dates on which such work was
1972-performed or services were rendered; and (6) the complete name of each
1973-licensee who performed such work or rendered such services. For the
1974-purposes of this section, "private residence" has the same meaning as Substitute House Bill No. 5330
1975-
1976-Public Act No. 22-104 60 of 91
1977-
1978-provided in section 20-419 of the general statutes.
1979-Sec. 38. Section 16a-17 of the general statutes is repealed and the
1980-following is substituted in lieu thereof (Effective from passage):
1981-(a) As used in this section and sections [16a-17] 16a-18 to 16a-20,
1982-inclusive:
1983-[(1) "Fuel" includes electricity, natural gas, petroleum products, coal
1984-and coal products, wood fuels, radioactive materials and any other
1985-resource yielding energy;]
1986-[(2)] (1) "Creating a fuel shortage" means the diminution by
1987-contrivance or artificial means of the supply of fuel to a point below that
1988-needed to meet consumer demands adequately; [.] and
1989-(2) "Fuel" includes coal and coal products, electricity, natural gas,
1990-petroleum products, radioactive materials, wood fuels and any other
1991-resource yielding energy.
1992-(b) As used in sections 16a-21, as amended by this act, 16a-22a and
1993-16a-22k:
1994-(1) "Associated equipment" means a gas line, gas regulator, [gas line,]
1995-sacrificial anode, interconnecting hardware and [such] any other
1996-equipment that is necessary [for the installation and operation of] to
1997-install and operate a propane tank;
1998-(2) "Automatic delivery" means the delivery of heating fuel to a
1999-consumer by a dealer [pursuant to] under a system determined by the
2000-dealer of calculating the consumer's heating fuel needs [of the
2001-consumer,] based on the consumer's [consumption of] heating fuel
2002-consumption;
2003-(3) "Cash" (A) means [legal tender,] a certified or cashier's check,
2004-commercial money order, legal tender or equivalent of such [legal Substitute House Bill No. 5330
2005-
2006-Public Act No. 22-104 61 of 91
2007-
2008-tender,] check, [or] money order [. Cash also] or legal tender, and (B)
2009-includes a guaranteed payment on behalf of a consumer by a
2010-government or community action agency, provided no discount is taken
2011-for the charge as billed;
2012-(4) "Commissioner" means the Commissioner of Consumer
2013-Protection;
2014-(5) "Consumer" means a direct purchaser of heating fuel from a
2015-heating fuel dealer [, when such fuel is the primary source of heat for
2016-residential heating or domestic hot water to] for one or more dwelling
2017-units within a structure having not more than four dwelling units;
2018-(6) "Gallon" means an accepted unit of measure consisting of two
2019-hundred thirty-one cubic inches, for all liquid or gaseous heating fuel,
2020-subject to modifications allowed under regulations adopted pursuant to
2021-section 43-42;
2022-(7) "Heating fuel" means any petroleum-based fuel, including any
2023-petroleum product regulated pursuant to chapter 250, used as the
2024-primary source of residential heating or domestic hot water; [, including
2025-petroleum products regulated pursuant to chapter 250;]
2026-(8) "Heating fuel dealer" or "dealer" means any individual or group
2027-of individuals who, or a cooperative, corporation, firm, limited liability
2028-company or partnership [, corporation, cooperative or limited liability
2029-company] that, offers [the retail sale of] to sell, at retail, heating fuel to a
2030-consumer;
2031-(9) "Lessee" means a natural person who rents or leases personal
2032-property under a consumer rental or lease agreement;
2033-(10) "Lessor" means a heating fuel dealer who regularly provides the
2034-use of personal property through consumer rental or lease agreements
2035-and to whom rent is paid at a fixed interval for the use of such property; Substitute House Bill No. 5330
2036-
2037-Public Act No. 22-104 62 of 91
2038-
2039-(11) "Notice of termination of automatic delivery" means a notice by
2040-a consumer to a dealer providing automatic delivery in which the
2041-consumer requests that the dealer [to] terminate such automatic
2042-delivery; and
2043-(12) "Purchase price" or "commercially reasonable price" means a
2044-price that does not exceed the fair market value of [the] a propane tank
2045-and associated equipment, as applicable.
2046-Sec. 39. Subsection (b) of section 16a-21 of the general statutes is
2047-repealed and the following is substituted in lieu thereof (Effective from
2048-passage):
2049-(b) If a consumer complaint is being mediated or investigated by the
2050-commissioner, the heating fuel dealer, if it owns the tank and has
2051-exclusive fill requirements, may not deny the consumer deliveries of
2052-heating fuel, [from October first to March thirty-first, inclusive] or fuel
2053-for cooking or power generation, because of the existence of the
2054-mediation or investigation, provided the heating fuel dealer remains the
2055-exclusive supplier of [heating] such fuel and the consumer pays cash for
2056-such fuel upon delivery.
2057-Sec. 40. Subsection (a) of section 16a-23m of the general statutes is
2058-repealed and the following is substituted in lieu thereof (Effective from
2059-passage):
2060-(a) As used in this section, sections 16a-23n to 16a-23s, inclusive, and
2061-section 16a-23v:
2062-(1) "Budget plan" means a type of contract offering heating fuel [,]
2063-that may be paid for in advance of, on or after delivery and is paid for
2064-in not less than three installment payments over a period of at least one
2065-hundred twenty days, [or more,] provided the amount required to be
2066-paid as the first payment under such contract is not greater than fifty
2067-per cent of the remaining amount due under [the plan] such contract; Substitute House Bill No. 5330
2068-
2069-Public Act No. 22-104 63 of 91
2070-
2071-(2) "Capped price plan" means [an agreement where] a contract
2072-which provides that the cost to the consumer [of] for heating fuel shall
2073-not increase above a specified price per gallon and the consumer shall
2074-pay less than [the] such specified price under circumstances specified in
2075-such contract;
2076-(3) "Commissioner" means the Commissioner of Consumer
2077-Protection;
2078-(4) "Consumer" means a direct purchaser of heating fuel from a
2079-heating fuel dealer [, when such fuel is the primary source of heating
2080-fuel for residential heating or domestic hot water to] for one or more
2081-dwelling units within a structure having not more than four dwelling
2082-units;
2083-(5) "Forwards contract" means an agreement between two parties to
2084-buy or sell an asset at a certain future time for a certain price;
2085-(6) "Futures contract" means a standardized, transferable, exchange-
2086-traded agreement that requires delivery of heating fuel at a specified
2087-price on a specified future date;
2088-(7) "Gallon" means an accepted unit of measure consisting of two
2089-hundred thirty-one cubic inches, for all liquid or gaseous heating fuel,
2090-subject to modifications allowed under regulations adopted pursuant to
2091-section 43-42;
2092-(8) "Guaranteed price plan", also known as "guaranteed plan", "fixed
2093-price", "full price", "lock in", "capped", "price cap", or other similar
2094-terminology, when used to describe a contract, means a type of contract
2095-that is not paid in advance of delivery, offering heating fuel at a
2096-guaranteed future price or at a maximum future price;
2097-(9) "Heating fuel" means any petroleum-based fuel, including any
2098-petroleum product regulated pursuant to chapter 250, used as a primary Substitute House Bill No. 5330
2099-
2100-Public Act No. 22-104 64 of 91
2101-
2102-source of residential heating or domestic hot water; [, including
2103-petroleum products regulated pursuant to chapter 250;]
2104-(10) "Heating fuel dealer" or "dealer" means any individual or group
2105-of individuals who, or a [firm, partnership, corporation,] cooperative,
2106-[or] corporation, firm, limited liability company or partnership that,
2107-offers [the retail sale of] to sell, at retail, heating fuel to consumers;
2108-(11) "Heating oil" means a [predominantly liquefied] petroleum
2109-product, including a petroleum product known as #1 oil (kerosene), #2
2110-oil (heating oil), #4 oil, bio fuel or any bio fuel blended with
2111-conventionally refined fossil fuel commodities, that (A) is
2112-predominantly liquid at ambient temperatures, [that is] (B) is sold as a
2113-commodity, [and] (C) is a primary source of residential heating or
2114-domestic hot water, [including products known as #2 oil (heating oil),
2115-#1 oil (kerosene), #4 oil, bio fuels, or any bio fuel blended with
2116-conventionally refined fossil fuel commodities] and [that] (D) meets the
2117-requirements of the American Society for Testing and Materials
2118-Standard D396, as amended from time to time;
2119-(12) "Maintain" means retention of the balance, measured in gallons
2120-or other accepted units of measure, of heating fuel that remains to be
2121-delivered to consumers who are party to a guaranteed price plan
2122-contract;
2123-(13) "Physical supply contract" means an agreement for wet barrels
2124-or gallons of heating fuel that [has been] is secured by a heating fuel
2125-dealer;
2126-(14) "Prepaid guaranteed price plan", also known as "buy ahead",
2127-"prebuy", "prebought" or other similar terminology, when used to
2128-describe a contract, means a type of contract offering heating fuel at a
2129-guaranteed price, paid for in advance of delivery, but does not include
2130-a budget plan; Substitute House Bill No. 5330
2131-
2132-Public Act No. 22-104 65 of 91
2133-
2134-(15) "Propane" or "liquefied petroleum gas (LPG)" means a petroleum
2135-product that (A) meets [ASTM] American Society for Testing and
2136-Materials specification D1835, as amended from time to time, [and] (B)
2137-is composed predominantly of [any of the following hydrocarbons or
2138-mixtures thereof: Propane, propylene,] butanes (normal butane or
2139-isobutane), [and] butylenes, propane, propylene or any mixture thereof,
2140-and (C) is intended for use, among other things, as a fuel for residential
2141-heating; and
2142-(16) "Surety bond" means a bond, issued by a licensed insurance
2143-company or banking institution, as surety for a dealer and obligating
2144-[the] surety to the commissioner, in a sum certain, in guaranty of the
2145-dealer's full and faithful performance [by the dealer] of prepaid
2146-guaranteed price plan contracts entered into pursuant to this chapter.
2147-Sec. 41. Section 16a-23o of the general statutes is repealed and the
2148-following is substituted in lieu thereof (Effective from passage):
2149-Any person, firm or corporation required to register as a [home
2150-heating oil or propane gas] heating fuel dealer pursuant to section 16a-
2151-23m, as amended by this act, that offers plumbing or heating work
2152-service shall submit evidence, deemed satisfactory by the Commissioner
2153-of Consumer Protection, when registering, that such person, firm or
2154-corporation subcontracts with or employs only persons licensed or
2155-registered pursuant to chapter 393 to perform such work. Such person,
2156-firm or corporation shall attest, when applying for registration as a
2157-heating fuel dealer pursuant to section 16a-23m, as amended by this act,
2158-that all plumbing or heating work service shall be performed in
2159-accordance with the provisions of chapter 393. Anyone registered under
2160-this section who offers such plumbing or heating services shall display
2161-the state license number of the subcontractor or employee performing
2162-such work for the registrant on all commercial vehicles used in their
2163-business and shall display such number in a conspicuous manner on all
2164-printed advertisements, bid proposals, contracts, invoices and Substitute House Bill No. 5330
2165-
2166-Public Act No. 22-104 66 of 91
2167-
2168-stationery used in the business.
2169-Sec. 42. Section 20-334d of the general statutes is repealed and the
2170-following is substituted in lieu thereof (Effective from passage):
2171-(a) As used in this section:
2172-(1) "Accredited continuing professional education" means any
2173-education of an electrician or plumber that is (A) designed to maintain
2174-professional competence in the [pursuit,] practice, pursuit and
2175-standards of electrical work or plumbing and piping work, [and that is]
2176-(B) approved by the commissioner, and [is] (C) provided (i) by an
2177-agency, institution or organization [, institution or agency that is] that
2178-has been approved by the commissioner, and (ii) in-person or through
2179-an online technology platform that includes real-time video with audio,
2180-requires participants to periodically confirm their active engagement
2181-during the educational training session and enables participants to
2182-interact with instructors in real time during the entire educational
2183-training session;
2184-(2) "Certificate of continuing education" means a document [issued to
2185-an electrician or plumber by an organization, institution or agency] that
2186-(A) an agency, institution or organization that has been approved by the
2187-commissioner [that] and offers accredited continuing professional
2188-education [, which (A)] issues to an electrician or plumber, (B) certifies
2189-that an electrician or plumber has satisfactorily completed a specified
2190-number of continuing education hours, and [(B)] (C) bears the (i) name
2191-of such agency, institution or organization, [institution or agency, the]
2192-(ii) title of the program, [the] (iii) dates during which the program was
2193-conducted, [the] (iv) number of continuing education hours
2194-satisfactorily completed, and [the] (v) signature of the director of such
2195-[organization, institution or agency or the signature of the] agency,
2196-institution or organization or of such director's authorized agent; and Substitute House Bill No. 5330
2197-
2198-Public Act No. 22-104 67 of 91
2199-
2200-(3) "Commissioner" means the Commissioner of Consumer
2201-Protection.
2202-(b) The commissioner, with the advice and assistance of the Electrical
2203-Work Board established pursuant to subsection (b) of section 20-331,
2204-shall adopt regulations, in accordance with chapter 54, to: (1) [establish]
2205-Establish additional requirements for accredited continuing
2206-professional education for electricians licensed pursuant to sections 20-
2207-330 to 20-341, inclusive; (2) establish qualifying criteria for accredited
2208-continuing professional education programs and establish qualifying
2209-criteria for acceptable certificates of continuing education; and (3)
2210-provide for the waiver of required accredited continuing professional
2211-education for electricians for good cause. Such regulations shall require
2212-not less than four hours per year of accredited continuing professional
2213-education for such electricians, except upon request of the Electrical
2214-Work Board, the commissioner may increase such hours to a maximum
2215-of seven hours.
2216-(c) The commissioner, with the advice and assistance of the Plumbing
2217-and Piping Work Board established pursuant to subsection (d) of section
2218-20-331, shall adopt regulations, in accordance with chapter 54, to: (1)
2219-[establish] Establish additional requirements for accredited continuing
2220-professional education for plumbers licensed pursuant to sections 20-
2221-330 to 20-341, inclusive, which regulations shall require not more than a
2222-total of seven hours of accredited continuing professional education
2223-every two years, except in the event of significant changes to the
2224-building code, as approved by the International Code Council, that
2225-relate to plumbing, the commissioner, at such commissioner's
2226-discretion, may require more than a total of seven hours of accredited
2227-continuing professional education every two years; (2) establish
2228-qualifying criteria for accredited continuing professional education
2229-programs and establish qualifying criteria for acceptable certificates of
2230-continuing education; and (3) provide for the waiver of required Substitute House Bill No. 5330
2231-
2232-Public Act No. 22-104 68 of 91
2233-
2234-accredited continuing professional education for plumbers for good
2235-cause.
2236-(d) Notwithstanding the provisions of subsection (c) of this section,
2237-any person who has been issued a P-6, P-7, W-8 or W-9 license pursuant
2238-to section 20-334a and the regulations of Connecticut state agencies shall
2239-not be required to meet the continuing education requirements
2240-established pursuant to subsection (c) of this section.
2241-(e) Notwithstanding the provisions of subsections (a) to (d), inclusive,
2242-of this section, all accredited continuing professional education offered
2243-under the provisions of this section shall: (1) Limit class size to (A) fifty
2244-attendees if such accredited continuing professional education is offered
2245-in-person, or (B) twenty-five attendees if such accredited continuing
2246-professional education is offered through an online technology
2247-platform; (2) not be offered or held at the place of business of a licensed
2248-plumbing contractor if such accredited continuing professional
2249-education is for plumbers and offered in-person; and (3) not be offered
2250-or held at the place of business of a licensed electrical contractor if such
2251-accredited continuing professional education is for electricians and
2252-offered in-person. A provider of an accredited continuing professional
2253-education course shall retain an audio-visual recording of such course
2254-for a period of not less than thirty days after completion of such course.
2255-Recordings shall be made available to the department upon the
2256-department's request for such recordings.
2257-Sec. 43. Section 20-500 of the 2022 supplement to the general statutes
2258-is repealed and the following is substituted in lieu thereof (Effective from
2259-passage):
2260-As used in this section and sections [20-500] 20-501 to 20-529e,
2261-inclusive, unless the context otherwise requires:
2262-(1) "Appraisal" means the practice of developing, in conformance Substitute House Bill No. 5330
2263-
2264-Public Act No. 22-104 69 of 91
2265-
2266-with the USPAP, an opinion of the value of real property. [, in
2267-conformance with the USPAP.]
2268-(2) "Appraisal Foundation" means the not-for-profit corporation
2269-referred to in Section 1121 of Title XI of FIRREA.
2270-(3) "Appraisal management company" means a ny person,
2271-[partnership,] association, corporation, limited liability company or
2272-[corporation] partnership that performs appraisal management
2273-services, [. "Appraisal management company"] but does not include:
2274-(A) An appraiser that enters into [a] an oral or written [or oral]
2275-agreement with another appraiser for the performance of an appraisal,
2276-which is signed by both appraisers upon completion;
2277-(B) An appraisal management company that is a subsidiary owned
2278-and controlled by a financial institution regulated by a federal financial
2279-institution regulatory agency; [. For the purposes of this subdivision,
2280-"financial institution" means a bank, as defined in section 36a-2, an out-
2281-of-state bank, as defined in section 36a-2, an institutional lender, any
2282-subsidiary or affiliate of such bank, out-of-state bank or institutional
2283-lender, or other lender licensed by the Department of Banking;]
2284-(C) A department or [unit of a financial institution subject to
2285-regulation by an agency or department of the United States government
2286-or an agency of this state that only receives appraisal requests from an
2287-employee of such financial institution] division of an entity that
2288-provides appraisal management services exclusively to such entity; or
2289-(D) Any local, state or federal agency or department thereof.
2290-(4) "Appraisal management services" means: [any of the following:]
2291-(A) The administration of an appraiser panel;
2292-(B) The recruitment of certified appraisers to be part of an appraiser Substitute House Bill No. 5330
2293-
2294-Public Act No. 22-104 70 of 91
2295-
2296-panel, including, but not limited to, the negotiation of fees to be paid to,
2297-and services to be provided by, [such] the certified appraisers for their
2298-participation on [such] the appraiser panel; or
2299-(C) The receipt of an appraisal request or order, or an appraisal
2300-review request or order, and the delivery of such request or order to an
2301-appraiser panel.
2302-(5) "Appraiser panel" means a network of appraisers who are certified
2303-in accordance with the requirements established by the commission by
2304-regulation, [who] are independent contractors of an appraisal
2305-management company and [who] have:
2306-(A) Responded to an invitation, request or solicitation from an
2307-appraisal management company to perform appraisals (i) requested or
2308-ordered through [such] the appraisal management company, or (ii)
2309-directly for [such] the appraisal management company on a periodic
2310-basis as assigned by [the] such appraisal management company; and
2311-(B) Been selected and approved by [such] the appraisal management
2312-company.
2313-(6) "Bank" has the same meaning as provided in section 36a-2.
2314-[(6)] (7) "Certified appraiser" means a person who has satisfied the
2315-minimum requirements for a category of certification established by the
2316-commission by regulation. Such minimum requirements shall be
2317-consistent with guidelines established by the Appraisal Qualification
2318-Board of the Appraisal Foundation. The categories of certification shall
2319-include [, but may be modified by the commission thereafter,] one
2320-category denoted as "certified residential appraiser" and another
2321-denoted as "certified general appraiser". The commission may modify
2322-such categories of certification.
2323-[(7)] (8) "Commission" means the Connecticut Real Estate Appraisal Substitute House Bill No. 5330
2324-
2325-Public Act No. 22-104 71 of 91
2326-
2327-Commission appointed under the provisions of section 20-502.
2328-[(8)] (9) "Commissioner" means the Commissioner of Consumer
2329-Protection.
2330-[(9)] (10) "Compliance manager" means a person who holds an
2331-appraiser certification in at least one state and [who] is responsible for
2332-overseeing the implementation of, and compliance with, procedures for
2333-an appraisal management company to:
2334-(A) Verify that a person being added to the appraiser panel of the
2335-appraisal management company holds a license in good standing in
2336-accordance with section 20-509;
2337-(B) Maintain detailed records of each appraisal request or order the
2338-appraisal management company receives and of the appraiser who
2339-performs such appraisal; and
2340-(C) Review on a periodic basis the work of all appraisers performing
2341-appraisals for the appraisal management company to ensure that such
2342-appraisals are being conducted in accordance with the USPAP.
2343-[(10)] (11) "Controlling person" means a person who has not had an
2344-appraiser license, [or a] similar license or appraiser certificate denied,
2345-refused [to be renewed] renewal, suspended or revoked in any state
2346-and: [who:]
2347-(A) Is [an owner, officer or director of a partnership,] a director,
2348-officer or owner of an association, corporation, limited liability company
2349-or [corporation] partnership offering or seeking to offer appraisal
2350-management services in this state;
2351-(B) Is employed by an appraisal management company and has the
2352-authority to enter into agreements or contracts [or agreements] for the
2353-performance of appraisal management services or appraisals, or is Substitute House Bill No. 5330
2354-
2355-Public Act No. 22-104 72 of 91
2356-
2357-appointed or authorized by such appraisal management company to
2358-enter into such agreements or contracts; [or agreements;] or
2359-(C) May exercise authority over, or direct the management or policies
2360-of, an appraisal management company.
2361-[(11)] (12) "Engaging in the real estate appraisal business" means the
2362-act or process of estimating the value of real estate for a fee or other
2363-valuable consideration.
2364-(13) "Financial institution" means a bank, out-of-state bank or
2365-institutional lender, an affiliate or subsidiary of a bank, out-of-state bank
2366-or institutional lender or another lender licensed by the Department of
2367-Banking.
2368-[(12)] (14) "FIRREA" means the Financial Institutions, Reform,
2369-Recovery and Enforcement Act of 1989, P.L. 101-73, 103 Stat. 183.
2370-(15) "Out-of-state bank" has the same meaning as provided in section
2371-36a-2.
2372-[(13)] (16) "Person" means an individual.
2373-[(14)] (17) "Provisional appraiser" means a person engaged in the
2374-business of estimating the value of real estate for a fee or other valuable
2375-consideration under the supervision of a certified real estate appraiser
2376-and who meets the minimum requirements, if any, established by the
2377-commission by regulation for provisional appraiser status.
2378-[(15)] (18) "Provisional license" means a license issued to a provisional
2379-appraiser.
2380-[(16)] (19) "Real estate appraiser" or "appraiser" means a person
2381-engaged in the business of estimating the value of real estate for a fee or
2382-other valuable consideration. Substitute House Bill No. 5330
2383-
2384-Public Act No. 22-104 73 of 91
2385-
2386-[(17)] (20) "USPAP" means the Uniform Standards of Professional
2387-Appraisal Practice issued by the Appraisal Standards Board of the
2388-Appraisal Foundation pursuant to Title XI of FIRREA.
2389-Sec. 44. Section 20-670 of the 2022 supplement to the general statutes
2390-is repealed and the following is substituted in lieu thereof (Effective from
2391-passage):
2392-As used in sections 20-670 to [20-680] 20-681, inclusive, as amended
2393-by this act, and section 45 of this act:
2394-(1) "Certificate" means a certificate of registration issued under
2395-section 20-672.
2396-(2) "Commissioner" means the Commissioner of Consumer
2397-Protection or any person designated by the commissioner to administer
2398-and enforce the provisions of sections 20-670 to [20-680] 20-681,
2399-inclusive, as amended by this act, and section 45 of this act.
2400-(3) "Companion services" means nonmedical, basic supervision
2401-services to ensure the safety and well-being [and safety] of a person in
2402-[such] the person's home.
2403-[(4) "Employee" means any person employed by, or who enters into
2404-a contract to perform services for, a homemaker-companion agency,
2405-including, but not limited to, temporary employees, pool employees
2406-and persons treated by such agency as independent contractors.]
2407-(4) "Covenant not to compete" means any agreement or contract that
2408-restricts the right of an individual to provide companion services, home
2409-health services or homemaker services (A) in any geographic area of the
2410-state for any period of time, or (B) to a specific individual.
2411-(5) "Comprehensive background check" means a background
2412-investigation of a prospective employee performed by a homemaker- Substitute House Bill No. 5330
2413-
2414-Public Act No. 22-104 74 of 91
2415-
2416-companion agency, that includes [:] (A) [A] a review of any application
2417-materials prepared or requested by the homemaker-companion agency
2418-and completed by the prospective employee, [;] (B) an in-person or
2419-video-conference interview of the prospective employee, [;] (C)
2420-verification of the prospective employee's Social Security number, [;] (D)
2421-if the [position] prospective employee has applied for a position within
2422-the homemaker-companion agency that requires licensure on the part
2423-of [the] such prospective employee, verification that the required license
2424-is in good standing, [;] (E) a check of the registry established and
2425-maintained pursuant to section 54-257, [;] (F) a local and national
2426-criminal background check of criminal matters of public record based
2427-on the prospective employee's name and date of birth that includes a
2428-search of a multistate and multijurisdiction criminal record locator or
2429-other similar commercial nationwide database with validation, and a
2430-search of the United States Department of Justice National Sex Offender
2431-Public Website, conducted by a third-party consumer reporting agency
2432-or background screening company that is accredited by the Professional
2433-Background Screening Association and in compliance with the federal
2434-Fair Credit Reporting Act, [;] (G) if the prospective employee has resided
2435-in this state for less than three years prior to the date of [the] such
2436-prospective employee's application with the homemaker-companion
2437-agency, a review of criminal conviction information from the state or
2438-states where such prospective employee resided during such three-year
2439-period, [;] and (H) a review of any other information that the
2440-homemaker-companion agency deems necessary in order to evaluate
2441-the suitability of the prospective employee for the position.
2442-[(6) "Homemaker services" means nonmedical, supportive services
2443-that ensure a safe and healthy environment for a person in such person's
2444-home, such services to include assistance with personal hygiene,
2445-cooking, household cleaning, laundry and other household chores.]
2446-(6) "Employee" means any person employed by, or who enters into a Substitute House Bill No. 5330
2447-
2448-Public Act No. 22-104 75 of 91
2449-
2450-contract to perform services for, a homemaker-companion agency,
2451-including, but not limited to, pool employees, temporary employees
2452-and persons the homemaker-companion agency treats as independent
2453-contractors.
2454-(7) (A) "Homemaker-companion agency" means [(A)] any (i) public
2455-or private organization that employs one or more persons and is
2456-engaged in the business of providing companion services or
2457-homemaker services, or [(B) any] (ii) registry.
2458-(B) "Homemaker-companion agency" [shall] does not include (i) a
2459-home health care agency, as defined in subsection (d) of section 19a-490,
2460-or (ii) a home health aide agency, as defined in subsection (e) of section
2461-19a-490.
2462-(8) "Homemaker services" means nonmedical and supportive
2463-services, including assistance with cooking, household cleaning,
2464-laundry, personal hygiene and other household chores, that ensure a
2465-healthy and safe environment for a person in the person's home.
2466-(9) "Immediate family member" means a child by adoption, blood or
2467-marriage or a grandchild, grandparent, parent, sibling or spouse.
2468-[(8)] (10) "Registry" means any person or entity engaged in the
2469-business of supplying or referring an individual to, or placing an
2470-individual with, a consumer for the purpose of enabling the individual
2471-to provide to the consumer companion services or homemaker [or
2472-companion services provided by such individual, when the] services,
2473-provided such individual [providing such services is either] is (A)
2474-directly compensated, in whole or in part, by the consumer, or (B)
2475-[treated, referred to or] considered, referred to or treated by such person
2476-or entity as an independent contractor.
2477-[(9)] (11) "Service plan" means a written document, provided by a
2478-homemaker-companion agency to a person utilizing companion Substitute House Bill No. 5330
2479-
2480-Public Act No. 22-104 76 of 91
2481-
2482-services or homemaker services provided by such agency, that specifies
2483-the anticipated [scope, type, frequency and duration of homemaker or]
2484-duration, frequency, scope and type of the companion services or
2485-homemaker services that are to be provided by such agency for the
2486-benefit of [the] such person.
2487-Sec. 45. (NEW) (Effective from passage) (a) No person, other than an
2488-immediate family member, who is an agent, corporate officer or
2489-employee of a homemaker-companion agency, or has an ownership
2490-interest in a homemaker-companion agency, shall act as an agent under
2491-a power of attorney for any person who has contracted with the
2492-homemaker-companion agency to receive companion services or
2493-homemaker services.
2494-(b) A person receiving companion services or homemaker services
2495-may petition the Commissioner of Consumer Protection for an
2496-exemption from subsection (a) of this section, and the commissioner
2497-may grant such exemption for good cause shown.
2498-Sec. 46. Section 20-338d of the 2022 supplement to the general statutes
2499-is repealed and the following is substituted in lieu thereof (Effective from
2500-passage):
2501-(a) For the purposes of this section, "owner" and "private residence"
2502-have the same meanings as provided in section 20-419.
2503-[(a)] (b) No written contract to perform work on a private residence
2504-[, as defined in section 20-419,] by a contractor licensed pursuant to this
2505-chapter or any person who owns or controls a business engaged to
2506-provide the work or services licensed under the provisions of this
2507-chapter by persons licensed for such work, shall be valid or enforceable
2508-against an owner [, as defined in section 20-419,] unless [it: (1) Is in
2509-writing; (2) is] such contract: (1) Is signed by the owner and the
2510-contractor or business; [(3)] (2) contains the entire agreement between Substitute House Bill No. 5330
2511-
2512-Public Act No. 22-104 77 of 91
2513-
2514-the owner and the contractor or business; [(4)] (3) contains the date of
2515-the transaction; [(5)] (4) contains the name and address of the contractor
2516-and the contractor's license number or, in the case of a business, the
2517-name of the business owner, partner or limited liability member and the
2518-phone number and address of the business, partnership or limited
2519-liability company; [(6)] (5) contains the name and license number of any
2520-licensees performing the work, provided the name and the license
2521-number of a licensee may be amended in writing during the term of the
2522-contract; [(7)] (6) contains a notice [of] disclosing the owner's
2523-cancellation rights in accordance with the provisions of chapter 740 and
2524-subject to the exception set forth in subsection (c) of this section; and
2525-[(8)] (7) contains a starting date and completion date.
2526-(c) Notwithstanding the provisions of chapter 740, no owner shall
2527-cancel a written contract that is subject to the provisions of subsection
2528-(b) of this section if: (1) Such contract was executed for the purpose of
2529-making emergency or immediate repairs that were necessary to protect
2530-persons, personal property or real property; and (2) prior to executing
2531-such contract, the owner provided to the contractor or business owner a
2532-written statement, dated and signed by the owner, describing the
2533-situation requiring such emergency or immediate repairs and expressly
2534-acknowledging that the owner waives the right to cancel such contract
2535-in accordance with the provisions of chapter 740.
2536-(d) Each contractor or business owner that enters into a written
2537-contract that is subject to the provisions of subsection (b) of this section
2538-shall deliver and provide to each owner who is a party to such contract,
2539-free of charge, a copy of such contract at the time such contract is
2540-executed. If such contract is amended, such contractor or business
2541-owner shall provide to each owner who is a party to such contract, free
2542-of charge, a copy of such amendment at the time such contract is
2543-amended.
2544-[(b)] (e) Each change in the terms and conditions of a written contract Substitute House Bill No. 5330
2545-
2546-Public Act No. 22-104 78 of 91
2547-
2548-[specified in] that is subject to the provisions of subsection [(a)] (b) of
2549-this section shall be in writing and shall be signed by the owner and
2550-contractor or business, except that the commissioner may, by
2551-regulations adopted pursuant to chapter 54, dispense with the necessity
2552-for complying with such requirement.
2553-Sec. 47. Section 20-681 of the general statutes is repealed and the
2554-following is substituted in lieu thereof (Effective from passage):
2555-[For purposes of this section "covenant not to compete" means any
2556-contract or agreement that restricts the right of an individual to provide
2557-homemaker, companion or home health services (1) in any geographic
2558-area of the state for any period of time, or (2) to a specific individual.]
2559-Any covenant not to compete is against public policy and shall be void
2560-and unenforceable.
2561-Sec. 48. Subsection (c) of section 21a-10 of the 2022 supplement to the
2562-general statutes is repealed and the following is substituted in lieu
2563-thereof (Effective from passage):
2564-(c) For any Department of Consumer Protection license, certificate,
2565-registration or permit that requires the holder to complete continuing
2566-education requirements, the continuing education requirements shall be
2567-completed within the annual or biannual period that begins and ends
2568-three months prior to the renewal date for the applicable license,
2569-certificate, registration or permit, except for licenses issued pursuant to
2570-[chapter] chapters 389 and 400j.
2571-Sec. 49. Section 21a-151 of the general statutes is repealed and the
2572-following is substituted in lieu thereof (Effective from passage):
2573-For the purposes of this section and sections 21a-152 to [21a-160] 21a-
2574-159, inclusive, as amended by this act:
2575-(1) "Bakery" means a building or part of a building, including, but not Substitute House Bill No. 5330
2576-
2577-Public Act No. 22-104 79 of 91
2578-
2579-limited to, a hotel, private institution, restaurant, establishment
2580-operating doughnut-frying equipment or other similar place, where
2581-bread, cakes, cookies, crackers, crullers, doughnuts, [crullers] macaroni,
2582-pies, [cookies, crackers,] spaghetti [, macaroni] or other food products,
2583-including, but not limited to, canned or frozen baked goods, are made,
2584-either wholly or in part of flour or meal, [including frozen or canned
2585-baked goods. "Bakery" includes, but is not limited to, any restaurant,
2586-hotel, private institution, establishment operating doughnut-frying
2587-equipment or other similar place that offers such food products] or
2588-offered for sale.
2589-(2) "Food manufacturing establishment" means a building or part of
2590-a building where food is [prepared] canned, cooked, cut, dehydrated,
2591-frozen, milled or repacked for sale to other establishments for human
2592-consumption. [For purposes of this subdivision, "prepared" means a
2593-process of canning, cooking, freezing, dehydrating, milling, repacking
2594-or cutting.] Premises that are used solely for the retail sale or storage of
2595-prepackaged food, and facilities, as described in sections 21a-24a and
2596-22-6r and chapters 417, 419a, 422, 423, 430, 431 and 491, shall not be
2597-considered food manufacturing establishments.
2598-(3) "Food warehouse" means a building or part of a building where
2599-food is stored for wholesale distribution, provided such building or part
2600-of such building is used primarily for the importation, storage or
2601-distribution of packaged food and not for other activities for which a
2602-license is required pursuant to section 21a-152, as amended by this act.
2603-Premises licensed pursuant to [said] section 21a-152, as amended by this
2604-act, and facilities, as described in sections 21a-24a and 22-6r and chapters
2605-417, 419a, 422, 423, 430, 431 and 491, shall not be considered food
2606-warehouses.
2607-(4) "Packaged food" means standard or random weight or volume
2608-packages of food commodities that are enclosed in a container or
2609-wrapped in any manner, in advance of wholesale or retail sale, such that Substitute House Bill No. 5330
2610-
2611-Public Act No. 22-104 80 of 91
2612-
2613-the food commodities cannot be added to or subtracted from the
2614-package or wrapping without breaking or tearing the wrapping,
2615-container or seals on the wrapping or container.
2616-Sec. 50. Section 21a-152 of the general statutes is repealed and the
2617-following is substituted in lieu thereof (Effective from passage):
2618-(a) Each bakery, [food warehouse and] food manufacturing
2619-establishment and food warehouse shall be designed, constructed and
2620-operated as the Commissioner of Consumer Protection directs pursuant
2621-to sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this
2622-act, and chapter 418. [The provisions of this subsection requiring the
2623-commissioner to direct the design and construction of a food warehouse
2624-shall not be required for a food warehouse that was registered in good
2625-standing pursuant to section 21a-160 prior to October 1, 2019, provided
2626-the warehouse is in good repair so that stored food is properly protected
2627-and the premises is free of pests.] Each bakery, food manufacturing
2628-establishment and food warehouse [and food manufacturing
2629-establishment] remains subject to the provisions of chapter 418.
2630-(b) No [person, firm or] corporation, firm or person shall operate a
2631-bakery, food manufacturing establishment or food warehouse [or food
2632-manufacturing establishment] with the intent of producing or storing
2633-products for human consumption without having first obtained from
2634-[said commissioner] the Commissioner of Consumer Protection a
2635-license. [Application] Applications for such license shall be made on
2636-forms, furnished by the commissioner, showing the name and address
2637-of such bakery, food manufacturing establishment or food warehouse.
2638-[or food manufacturing establishment.] Bakeries shall show the number
2639-of persons engaged in the production of bread and pastry products,
2640-excluding [porters,] dishwashers, drivers, porters, sales personnel and
2641-other employees not directly engaged in such production. The
2642-commissioner shall cause an inspection to be [made] conducted of the
2643-premises described in the application and, if conditions are found Substitute House Bill No. 5330
2644-
2645-Public Act No. 22-104 81 of 91
2646-
2647-satisfactory, issue such license. [shall be issued.] No corporation, firm or
2648-person [, firm or corporation] operating a bakery, food manufacturing
2649-establishment or food warehouse, or any agent, employee or servant [or
2650-employee] thereof, shall refuse, hinder or otherwise interfere with the
2651-commissioner's, or the commissioner's authorized representative's,
2652-access [by the commissioner or his authorized representative] to the
2653-bakery, food manufacturing establishment or food warehouse for the
2654-purpose of conducting an inspection. No corporation, firm or person [,
2655-firm or corporation] shall: (1) [sell] Sell or distribute bread, cakes,
2656-cookies, crackers, crullers, doughnuts, [crullers] macaroni, pies,
2657-[cookies, crackers,] spaghetti [, macaroni] or other food products,
2658-including frozen or canned baked goods, made in whole or in part of
2659-flour or meal, produced in any bakery located within or beyond the
2660-boundaries of this state; [,] (2) sell or distribute food produced in a food
2661-manufacturing establishment located within the boundaries of this
2662-state; [,] or (3) store any food for wholesale distribution in a food
2663-warehouse, unless such bakery, food manufacturing establishment or
2664-food warehouse [or food manufacturing establishment] has obtained a
2665-license from [said] the commissioner. Facilities licensed pursuant to
2666-chapter 417 as food vendors and frozen dessert vendors, and all facilities
2667-licensed pursuant to chapters 419a and 430, shall be exempt from such
2668-licensing requirement. The commissioner may promulgate regulations
2669-excepting out-of-state manufacturers of products [,] commonly known
2670-as brown bread, cookies, crackers [, brown bread] or plum puddings in
2671-hermetically sealed containers and other similar products [,] from the
2672-license provisions of this section. Such license shall be valid for one year
2673-and a fee [therefor] for such license shall be collected as follows: From a
2674-[person, firm or] corporation, firm or person owning or conducting a
2675-bakery in which there are not more than four persons [or fewer] engaged
2676-in the production of bread and pastry products, twenty dollars; in which
2677-there are [not fewer than] at least five [nor] but not more than nine
2678-persons so engaged, forty dollars; in which there are [not fewer than] at
2679-least ten [nor] but not more than twenty-four persons so engaged, one Substitute House Bill No. 5330
2680-
2681-Public Act No. 22-104 82 of 91
2682-
2683-hundred dollars; in which there are [not fewer than] at least twenty-five
2684-[nor] but not more than ninety-nine persons so engaged, two hundred
2685-dollars; in which there are [more than] at least one hundred persons so
2686-engaged, two hundred fifty dollars. The fee for a food [manufacturer]
2687-manufacturing establishment or food warehouse license shall be twenty
2688-dollars annually. [No prior inspection by the commissioner shall be
2689-necessary for a food warehouse registered under section 21a-160 prior
2690-to October 1, 2019, which is required to transfer its registration to a new
2691-license under the provisions of this subsection.]
2692-(c) [A] The Commissioner of Consumer Protection may revoke a
2693-bakery, food manufacturing establishment or food warehouse [or food
2694-manufacturer license may be revoked by said commissioner] license for
2695-any violation of sections 21a-151 to [21a-160] 21a-159, inclusive, as
2696-amended by this act, after a hearing conducted in accordance with
2697-chapter 54. In addition, the commissioner may summarily suspend a
2698-bakery, [or food manufacturer] food manufacturing establishment or
2699-food warehouse license [may be summarily suspended] pending a
2700-hearing if [said] the commissioner has reason to believe that the public
2701-health, safety or welfare imperatively requires emergency action.
2702-[Within] Not later than ten days following the suspension order, [said]
2703-the commissioner shall cause to be held a hearing which shall be
2704-conducted in accordance with the provisions of [said] chapter 54.
2705-Following [said] such hearing, [said] the commissioner shall dissolve
2706-such suspension or order revocation of the bakery, food manufacturing
2707-establishment or food warehouse [or food manufacturer] license. Any
2708-[person, firm or] corporation, firm or person whose license has been
2709-revoked may [make application] apply for a new license and [said] the
2710-commissioner shall act on such application [within] not later than thirty
2711-days [of receipt] after the commissioner receives such application. The
2712-costs of any inspections necessary to determine whether or not an
2713-applicant, whose license has been revoked, is entitled to have a new
2714-license granted shall be borne by the applicant at such rates as the Substitute House Bill No. 5330
2715-
2716-Public Act No. 22-104 83 of 91
2717-
2718-commissioner may determine. [Said] The commissioner may refuse to
2719-grant any bakery, food manufacturing establishment or food warehouse
2720-[or food manufacturer] a license if [he or she] the commissioner finds
2721-that the applicant has evidenced a pattern of noncompliance with the
2722-provisions of sections 21a-151 to [21a-160] 21a-159, inclusive, as
2723-amended by this act. Prima facie evidence of a pattern of noncompliance
2724-shall be established if [said] the commissioner shows that the applicant
2725-has had two or more bakery, food manufacturing establishment or food
2726-warehouse [or food manufacturer] licenses revoked.
2727-(d) All vehicles used in the transportation of bakery, food
2728-manufacturing establishment or food warehouse products shall be kept
2729-in a sanitary condition and shall have the name and address of the
2730-bakery, food manufacturing establishment or food warehouse owner,
2731-operator or distributor legibly printed on both sides. Each compartment
2732-in which unwrapped bakery, food manufacturing establishment or food
2733-warehouse products are transported shall be enclosed in a manner
2734-approved by the commissioner.
2735-(e) The provisions of this section shall not prevent local health
2736-authorities from enforcing orders or regulations concerning the sanitary
2737-condition of retail bakeries.
2738-(f) Any person who desires to obtain a license under the provisions
2739-of sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this
2740-act, shall first obtain and present to the [commissioner] Commissioner
2741-of Consumer Protection a certificate of approval of the location for
2742-which such license is desired. The certificate of approval shall be
2743-obtained from the zoning commission, planning and zoning
2744-commission or local authority of the town, city or borough in which the
2745-facility is located or is proposed to be located. [A] No certificate of
2746-approval shall [not] be required [in the case of the transfer of the last
2747-issued license from one person to another or in the case of a renewal of
2748-a license by the holder of the license] for a new license if the proposed Substitute House Bill No. 5330
2749-
2750-Public Act No. 22-104 84 of 91
2751-
2752-use conforms to existing zoning requirements, for a license renewal by
2753-the license holder or for a transfer by the license holder to another
2754-person of the license most recently issued to such license holder. The
2755-commissioner shall not issue any license under the provisions of
2756-sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this act,
2757-for which a certificate of approval is required until such certificate of
2758-approval is obtained by the license applicant. [The provisions of this
2759-subsection requiring a certificate of approval from the zoning
2760-commission or other local authority shall not apply to any food
2761-warehouse that was registered in good standing pursuant to section 21a-
2762-160 prior to October 1, 2019.]
2763-Sec. 51. Section 21a-156 of the general statutes is repealed and the
2764-following is substituted in lieu thereof (Effective from passage):
2765-The commissioner shall, from time to time, after inquiry and public
2766-hearing, adopt and promulgate regulations to supplement and give full
2767-effect to the provisions of sections 21a-151 to [21a-160] 21a-159,
2768-inclusive, as amended by this act. Such regulations, among other things,
2769-may establish sanitary requirements pertaining to the manufacture and
2770-distribution of bread and pastry products. Such regulations may also
2771-cover provisions restricting the sale of dangerous, harmful and
2772-unwholesome bread and pastry products, the labeling of bread and
2773-pastry products, the inspection of bakeries, food manufacturing
2774-establishments and food warehouses and the establishment of costs for
2775-special inspections. The commissioner shall annually review the
2776-amounts of bakery, food manufacturing establishment and food
2777-warehouse license fees referred to in subsection (b) of section 21a-152,
2778-as amended by this act, and shall increase such fees in order to reflect
2779-the costs to the department of carrying out the provisions of sections
2780-21a-151 to [21a-160] 21a-159, inclusive, as amended by this act.
2781-Sec. 52. Section 21a-159 of the general statutes is repealed and the
2782-following is substituted in lieu thereof (Effective from passage): Substitute House Bill No. 5330
2783-
2784-Public Act No. 22-104 85 of 91
2785-
2786-(a) Any person who violates any provision of sections 21a-151 to [21a-
2787-160] 21a-159, inclusive, as amended by this act, or any regulation made
2788-thereunder, or fails to comply with an order of the Commissioner of
2789-Consumer Protection, shall: (1) [for] For a first offense, be fined not more
2790-than two hundred fifty dollars; [,] and (2) for [any] each subsequent
2791-offense, be guilty of a class D misdemeanor.
2792-(b) The [commissioner] Commissioner of Consumer Protection may
2793-apply to the Superior Court for, and such court may [,] upon hearing
2794-and for cause shown [,] grant, a temporary or permanent injunction
2795-enjoining any person from operating a bakery, food manufacturing
2796-establishment or food warehouse [or food manufacturing
2797-establishment] without a license issued in accordance with sections 21a-
2798-151 to [21a-160] 21a-159, inclusive, as amended by this act, irrespective
2799-of whether or not there exists an adequate remedy at law. The
2800-commissioner also may apply to the Superior Court for, and such court
2801-shall have jurisdiction to grant, a temporary restraining order pending
2802-a hearing. Such application for injunctive or other appropriate relief
2803-shall be brought by the Attorney General.
2804-(c) The Commissioner of Consumer Protection, after providing notice
2805-and conducting a hearing in accordance with the provisions of chapter
2806-54, may issue a warning citation to, or impose a civil penalty of not more
2807-than one hundred dollars for the first offense and not more than five
2808-hundred dollars for each subsequent offense on, any person who
2809-violates any provision of sections 21a-151 to [21a-160] 21a-159, inclusive,
2810-as amended by this act, or any regulation adopted pursuant to section
2811-21a-156, as amended by this act.
2812-Sec. 53. Subsection (a) of section 22-54u of the general statutes is
2813-repealed and the following is substituted in lieu thereof (Effective from
2814-passage):
2815-(a) The preparation, packaging, labeling and sale of honey and maple Substitute House Bill No. 5330
2816-
2817-Public Act No. 22-104 86 of 91
2818-
2819-syrup produced in this state shall not be subject to the provisions of
2820-sections 21a-91 to 21a-120, inclusive, and sections 21a-151 to [21a-160]
2821-21a-159, inclusive, as amended by this act, and shall be under the
2822-licensing, inspection and enforcement authority of the Commissioner of
2823-Agriculture and the commissioner's authorized agents.
2824-Sec. 54. Section 21a-421bb of the 2022 supplement to the general
2825-statutes, as amended by section 9 of public act 22-103, is repealed and
2826-the following is substituted in lieu thereof (Effective from passage):
2827-(a) No person other than the holder of a cannabis establishment
2828-license issued by this state shall advertise any cannabis or services
2829-related to cannabis in this state.
2830-(b) Except as provided in subsection (d) of this section, cannabis
2831-establishments shall not:
2832-(1) Advertise, including, but not limited to, through a business name
2833-or logo, cannabis, cannabis paraphernalia or goods or services related to
2834-cannabis:
2835-(A) In ways that target or are designed to appeal to individuals under
2836-twenty-one years of age, including, but not limited to, spokespersons or
2837-celebrities who appeal to individuals under the legal age to purchase
2838-cannabis or cannabis products, depictions of a person under twenty-five
2839-years of age consuming cannabis, or, the inclusion of objects, such as
2840-toys, characters or cartoon characters, suggesting the presence of a
2841-person under twenty-one years of age, or any other depiction designed
2842-in any manner to be appealing to a person under twenty-one years of
2843-age; or
2844-(B) By using any image, or any other visual representation, of the
2845-cannabis plant or any part of the cannabis plant, including, but not
2846-limited to, the leaf of the cannabis plant; Substitute House Bill No. 5330
2847-
2848-Public Act No. 22-104 87 of 91
2849-
2850-(2) Engage in any advertising by means of any form of billboard
2851-within one thousand five hundred feet of an elementary or secondary
2852-school ground or a house of worship, recreation center or facility, child
2853-care center, playground, public park or library, or engage in any
2854-advertising by means of an electronic or illuminated billboard between
2855-the hours of six o'clock a.m. and eleven o'clock p.m.;
2856-(3) Engage in advertising by means of any television, radio, Internet,
2857-mobile application, social media or other electronic communication,
2858-billboard or other outdoor signage, or print publication unless the
2859-cannabis establishment has reliable evidence that at least ninety per cent
2860-of the audience for the advertisement is reasonably expected to be
2861-twenty-one years of age or older;
2862-(4) Engage in advertising or marketing directed toward location-
2863-based devices, including, but not limited to, cellular phones, unless the
2864-marketing is a mobile device application installed on the device by the
2865-owner of the device who is twenty-one years of age or older and
2866-includes a permanent and easy opt-out feature and warnings that the
2867-use of cannabis is restricted to persons twenty-one years of age or older;
2868-(5) Advertise cannabis or cannabis products in a manner claiming or
2869-implying, or permit any employee of the cannabis establishment to
2870-claim or imply, that such products have curative or therapeutic effects,
2871-or that any other medical claim is true, or allow any employee to
2872-promote cannabis for a wellness purpose unless such claims are
2873-substantiated as set forth in regulations adopted under chapter 420f or
2874-verbally conveyed by a licensed pharmacist or other licensed medical
2875-practitioner in the course of business in, or while representing, a hybrid
2876-retail or dispensary facility;
2877-(6) Sponsor charitable, sports, musical, artistic, cultural, social or
2878-other similar events or advertising at, or in connection with, such an
2879-event unless the cannabis establishment has reliable evidence that (A) Substitute House Bill No. 5330
2880-
2881-Public Act No. 22-104 88 of 91
2882-
2883-not more than ten per cent of the in-person audience at the event is
2884-reasonably expected to be under the legal age to purchase cannabis or
2885-cannabis products, and (B) not more than ten per cent of the audience
2886-that will watch, listen or participate in the event is expected to be under
2887-the legal age to purchase cannabis products;
2888-(7) Advertise cannabis, cannabis products or cannabis paraphernalia
2889-in any physical form visible to the public within [one thousand] five
2890-hundred feet of an elementary or secondary school ground or a [house
2891-of worship,] recreation center or facility, child care center, playground,
2892-public park or library;
2893-(8) Cultivate cannabis or manufacture cannabis products for
2894-distribution outside of this state in violation of federal law, advertise in
2895-any way that encourages the transportation of cannabis across state lines
2896-or otherwise encourages illegal activity;
2897-(9) Except for dispensary facilities and hybrid retailers, exhibit within
2898-or upon the outside of the facility used in the operation of a cannabis
2899-establishment, or include in any advertisement, the word "dispensary"
2900-or any variation of such term or any other words, displays or symbols
2901-indicating that such store, shop or place of business is a dispensary;
2902-(10) Exhibit within or upon the outside of the premises subject to the
2903-cannabis establishment license, or include in any advertisement the
2904-words "drug store", "pharmacy", "apothecary", "drug", "drugs" or
2905-"medicine shop" or any combination of such terms or any other words,
2906-displays or symbols indicating that such store, shop or place of business
2907-is a pharmacy;
2908-(11) Advertise on or in public or private vehicles or at bus stops, taxi
2909-stands, transportation waiting areas, train stations, airports or other
2910-similar transportation venues including, but not limited to, vinyl-
2911-wrapped vehicles or signs or logos on transportation vehicles not Substitute House Bill No. 5330
2912-
2913-Public Act No. 22-104 89 of 91
2914-
2915-owned by a cannabis establishment;
2916-(12) Display cannabis, cannabis products or any image, or any other
2917-visual representation, of the cannabis plant or any part of the cannabis
2918-plant, including, but not limited to, the leaf of the cannabis plant, so as
2919-to be clearly visible to a person from the exterior of the facility used in
2920-the operation of a cannabis establishment, or display signs or other
2921-printed material advertising any brand or any kind of cannabis or
2922-cannabis product, or including any image, or any other visual
2923-representation, of the cannabis plant or any part of the cannabis plant,
2924-including, but not limited to, the leaf of the cannabis plant, on the
2925-exterior of any facility used in the operation of a cannabis establishment;
2926-(13) Utilize radio or loudspeaker, in a vehicle or in or outside of a
2927-facility used in the operation of a cannabis establishment, for the
2928-purposes of advertising the sale of cannabis or cannabis products; or
2929-(14) Operate any web site advertising or depicting cannabis, cannabis
2930-products or cannabis paraphernalia unless such web site verifies that
2931-the entrants or users are twenty-one years of age or older.
2932-(c) Except as provided in subsection (d) of this section, any
2933-advertisements from a cannabis establishment shall contain the
2934-following warning: "Do not use cannabis if you are under twenty-one
2935-years of age. Keep cannabis out of the reach of children." In a print or
2936-visual medium, such warning shall be conspicuous, easily legible and
2937-shall take up not less than ten per cent of the advertisement space. In an
2938-audio medium, such warning shall be at the same speed as the rest of
2939-the advertisement and be easily intelligible.
2940-(d) Any outdoor signage, including, but not limited to, any
2941-monument sign, pylon sign or wayfinding sign, shall be deemed to
2942-satisfy the audience requirement established in subdivision (3) of
2943-subsection (b) of this section, and shall not be required to contain the Substitute House Bill No. 5330
2944-
2945-Public Act No. 22-104 90 of 91
2946-
2947-warning required under subsection (c) of this section, if such outdoor
2948-signage:
2949-(1) Contains only the name and logo of the cannabis establishment;
2950-(2) Does not include any image, or any other visual representation, of
2951-the cannabis plant or any part of the cannabis plant, including, but not
2952-limited to, the leaf of the cannabis plant;
2953-(3) Is comprised of not more than three colors; and
2954-(4) Is located:
2955-(A) On the cannabis establishment's premises, regardless of whether
2956-such cannabis establishment leases or owns such premises; or
2957-(B) On any commercial property occupied by multiple tenants
2958-including such cannabis establishment.
2959-(e) The department shall not register, and may require revision of,
2960-any submitted or registered cannabis brand name that:
2961-(1) Is identical to, or confusingly similar to, the name of an existing
2962-non-cannabis product;
2963-(2) Is identical to, or confusingly similar to, the name of an unlawful
2964-product or substance;
2965-(3) Is confusingly similar to the name of a previously approved
2966-cannabis brand name;
2967-(4) Is obscene or indecent; and
2968-(5) Is customarily associated with persons under the age of twenty-
2969-one.
2970-(f) A violation of the provisions of subsections (a) to (c), inclusive, of Substitute House Bill No. 5330
2971-
2972-Public Act No. 22-104 91 of 91
2973-
2974-this section shall be deemed to be an unfair or deceptive trade practice
2975-under subsection (a) of section 42-110b.
2976-Sec. 55. Section 21a-160 of the general statutes is repealed. (Effective
2977-from passage)
20+Section 1. Section 30-1 of the 2022 supplement to the general statutes 1
21+is repealed and the following is substituted in lieu thereof (Effective from 2
22+passage): 3
23+For the [interpretation] purposes of this chapter and section 2 of this 4
24+act, unless the context indicates a different meaning: 5
25+(1) "Airline" means any (A) United States airline carrier [,] holding a 6
26+certificate of public convenience and necessity from the Civil 7
27+Aeronautics Board under Section 401 of the Federal Aviation Act of 8
28+1958, as amended from time to time, or [any] (B) foreign flag carrier [,] 9
29+holding a permit under Section 402 of [such] said act. 10
30+(2) "Alcohol" (A) means the product of distillation of any fermented 11
31+liquid [,] that is rectified [either] at least once [or more often, whatever 12
32+may be the] and regardless of such liquid's origin, [thereof,] and (B) 13
33+includes synthetic ethyl alcohol which is considered nonpotable. 14
34+(3) ["Alcoholic liquor" or "alcoholic beverage" includes] "Alcoholic 15 Substitute Bill No. 5330
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40+
41+beverage" and "alcoholic liquor" include the four varieties of liquor 16
42+defined in subdivisions (2), (5), [(18)] (21) and [(19)] (22) of this section 17
43+(alcohol, beer, spirits and wine) and every liquid or solid, patented or 18
44+[not] unpatented, containing alcohol, [spirits, wine or] beer, spirits or 19
45+wine and at least one-half of one per cent alcohol by volume, and 20
46+capable of being consumed by a human being [for] as a beverage. 21
47+[purposes.] Any liquid or solid containing more than one of the four 22
48+varieties so defined [is considered as belonging to that] belongs to the 23
49+variety which has the [higher] highest percentage of alcohol [,] 24
50+according to the following order: Alcohol, spirits, wine and beer, except 25
51+as provided in subdivision [(19)] (22) of this section. [The provisions of 26
52+this chapter shall not apply to any liquid or solid containing less than 27
53+one-half of one per cent of alcohol by volume.] 28
54+(4) "Backer" means, except in cases where the permittee is [himself] 29
55+the proprietor, the proprietor of any business or club, incorporated or 30
56+unincorporated, that is engaged in [the manufacture or sale of] 31
57+manufacturing or selling alcoholic liquor [,] and in which business a 32
58+permittee is associated, whether as an agent, employee [, agent] or part 33
59+owner. 34
60+(5) "Beer" means any beverage obtained by the alcoholic fermentation 35
61+of [an infusion or decoction of barley, malt and hops] a decoction or 36
62+infusion of barley, hops and malt in drinking water. 37
63+(6) "Boat" means any vessel that is (A) operating on any waterway of 38
64+this state, and (B) engaged in transporting passengers for hire to or from 39
65+any port of this state. 40
66+[(6) (A)] (7) "Case price" means the price of a container made of 41
67+cardboard, wood or any other material [,] and containing units of the 42
68+same [size and] class and size of alcoholic liquor. [, and (B) a] A case of 43
69+alcoholic liquor, other than beer, cocktails, cordials, [cocktails, wines 44
70+and prepared mixed drinks] prepared mixed drinks and wines, shall be 45
71+in the [number and] quantity and number, or fewer, with the permission 46
72+of the Commissioner of Consumer Protection, of bottles or units [or 47 Substitute Bill No. 5330
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78+
79+bottles] as follows: [(i) Six] (A) Six one thousand seven hundred fifty 48
80+milliliter bottles, [; (ii)] (B) six one thousand eight hundred milliliter 49
81+bottles, (C) twelve seven hundred milliliter bottles, (D) twelve seven 50
82+hundred twenty milliliter bottles, (E) twelve seven hundred fifty 51
83+milliliter bottles, (F) twelve nine hundred milliliter bottles, (G) twelve 52
84+one liter bottles, [; (iii) twelve seven hundred fifty milliliter bottles; (iv)] 53
85+(H) twenty-four three hundred seventy-five milliliter bottles, [; (v)] (I) 54
86+forty-eight two hundred milliliter bottles, [; (vi)] (J) sixty one hundred 55
87+milliliter bottles, [; or (vii)] or (K) one hundred twenty fifty milliliter 56
88+bottles, except a case of fifty milliliter bottles may be in a [number and] 57
89+quantity and number as originally configured, packaged and sold by the 58
90+manufacturer or out-of-state shipper prior to shipment [, provided such] 59
91+if the number of such bottles [does not exceed] in such case is not greater 60
92+than two hundred. The commissioner shall not authorize fewer 61
93+quantities or numbers [or quantities of units or] of bottles or units as 62
94+specified in this subdivision for any one person or entity more than eight 63
95+times in any calendar year. For the purposes of this subdivision, "class" 64
96+has the same meaning as [defined in] provided in 27 CFR 4.21 for wine, 65
97+27 CFR 5.22 for spirits [, as defined in 27 CFR 4.21 for wine, and as 66
98+defined in] and 27 CFR 7.24 for beer. 67
99+[(7)] (8) "Charitable organization" means any nonprofit organization 68
100+that (A) is organized for charitable purposes, [to which has been issued 69
101+a ruling by] and (B) has received a ruling from the Internal Revenue 70
102+Service classifying [it] such nonprofit organization as an exempt 71
103+organization under Section 501(c)(3) of the Internal Revenue Code of 72
104+1986, or any subsequent corresponding internal revenue code of the 73
105+United States, as amended from time to time. 74
106+[(8)] (9) "Club" has the same meaning as provided in section 30-22aa. 75
107+[(9)] (10) "Coliseum" [means a coliseum, as defined] has the same 76
108+meaning as provided in section 30-33a. 77
109+[(10)] (11) "Commission" means the Liquor Control Commission 78
110+established under this chapter. 79 Substitute Bill No. 5330
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116+
117+[(11)] (12) "Department" means the Department of Con sumer 80
118+Protection. 81
119+(13) "Dining room" means any room or rooms (A) located in premises 82
120+operating under (i) a hotel permit issued under section 30-21, (ii) a 83
121+restaurant permit issued under subsection (a) of section 30-22, as 84
122+amended by this act, (iii) a restaurant permit for wine and beer issued 85
123+under subsection (b) of section 30-22, as amended by this act, or (iv) a 86
124+cafe permit issued under section 30-22a, as amended by this act, and (B) 87
125+where meals are customarily served to any member of the public who 88
126+has means of payment and a proper demeanor. 89
127+[(12)] (14) "Mead" means fermented honey [,] (A) with or without 90
128+additions or adjunct ingredients, [or additions,] and (B) regardless of (i) 91
129+alcohol content, [regardless of process, and regardless of being 92
130+sparkling, carbonated] (ii) process, and (iii) whether such honey is 93
131+carbonated, sparkling or still. 94
132+[(13)] (15) "Minor" means any person [under] who is younger than 95
133+twenty-one years of age. 96
134+(16) "Nonprofit club" has the same meaning as provided in section 97
135+30-22aa. 98
136+(17) "Nonprofit public television corporation" has the same meaning 99
137+as provided in section 30-37d. 100
138+[(14)] (18) (A) "Person" means [natural person, including partners but 101
139+shall not include corporations, limited liability companies, joint stock 102
140+companies or other associations of natural persons] an individual, 103
141+including, but not limited to, a partner. 104
142+(B) "Person" does not include a corporation, joint stock company, 105
143+limited liability company or other association of individuals. 106
144+[(15)] (19) (A) "Proprietor" includes all owners of [businesses or clubs, 107
145+included in subdivision (4) of this section] a business or club, 108 Substitute Bill No. 5330
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151+
152+incorporated or unincorporated, that is engaged in manufacturing or 109
153+selling alcoholic liquor, whether such owners are [individuals, partners, 110
154+joint stock companies, fiduciaries] persons, fiduciaries, joint stock 111
155+companies, stockholders of corporations or otherwise. [, but] 112
156+(B) "Proprietor" does not include [persons or corporations who are 113
157+merely creditors of such businesses or clubs, whether as note holders, 114
158+bond holders, landlords or franchisors] any person who, or corporation 115
159+that, is merely a creditor, whether as a bond holder, franchisor, landlord 116
160+or note holder, of a business or club, incorporated or unincorporated, 117
161+that is engaged in manufacturing or selling alcoholic liquor. 118
162+[(16) "Dining room" means a room or rooms in premises operating 119
163+under a hotel permit, hotel beer permit, restaurant permit, restaurant 120
164+permit for beer or wine or cafe permit, where meals are customarily 121
165+served, within the room or rooms, to any member of the public who has 122
166+means of payment and proper demeanor.] 123
167+[(17)] (20) "Restaurant" [means a restaurant, as defined] has the same 124
168+meaning as provided in section 30-22, as amended by this act. 125
169+[(18)] (21) "Spirits" means any beverage that contains alcohol 126
170+obtained by distillation mixed with drinkable water and other 127
171+substances in solution, including brandy, rum, whiskey and gin. 128
172+[(19)] (22) "Wine" means any alcoholic beverage obtained by [the 129
173+fermentation of] fermenting the natural sugar content of fruits, such as 130
174+apples, grapes [or apples] or other agricultural products, containing 131
175+such sugar, including fortified wines such as port, sherry and 132
176+champagne. 133
177+[(20) "Nonprofit public television corporation" means a nonprofit 134
178+public television corporation, as defined in section 30-37d. 135
179+(21) "Nonprofit club" has the same meaning as provided in section 136
180+30-22aa.] 137 Substitute Bill No. 5330
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187+Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this 138
188+section: 139
189+(1) "Religious organization" means (A) any religious corporation, 140
190+society or organization that is formed or recognized under chapter 598 141
191+of the general statutes, or (B) any religious organization that is eligible 142
192+for an exemption under section 12-412 of the general statutes; and 143
193+(2) "Sacramental wine" means any wine that is (A) exclusively used 144
194+for religious or sacramental purposes, and (B) exempt from taxation 145
195+under regulations adopted by the Commissioner of Revenue Services 146
196+pursuant to section 12-449 of the general statutes. 147
197+(b) A religious wine retailer permit shall allow the holder of such 148
198+permit to import and sell, at retail, sacramental wine to religious 149
199+organizations. Such sacramental wine shall not be consumed on the 150
200+permit premises and any sale of such sacramental wine shall only take 151
201+place during the hours a religious wine retailer may sell alcoholic liquor 152
202+under subsection (d) of section 30-91 of the general statutes, as amended 153
203+by this act. The holder of a religious wine retailer permit issued under 154
204+this section shall operate at least one retail location in this state, be 155
205+primarily engaged in the business of selling religious supplies that do 156
206+not contain alcohol and not hold any other permit issued under chapter 157
207+545 of the general statutes. The annual fee for a religious wine retailer 158
208+permit issued under this section shall be two hundred fifty dollars. 159
209+(c) The holder of a religious wine retailer permit issued under this 160
210+section may purchase sacramental wine directly from a manufacturer, 161
211+out-of-state shipper or wholesaler. All shipments of sacramental wine 162
212+to the holder of a religious wine retailer permit issued under this section 163
213+shall be conspicuously labeled "for sacramental or religious purposes 164
214+only". If the holder of a religious wine retailer permit issued under this 165
215+section imports into this state a supply of any brand of sacramental wine 166
216+directly from a manufacturer or out-of-state shipper, such brand need 167
217+not comply with the provisions of sections 30-63 and 30-64 of the general 168
218+statutes for such directly imported supply. 169 Substitute Bill No. 5330
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225+Sec. 3. Subsections (a) to (c), inclusive, of section 30-19f of the 2022 170
226+supplement to the general statutes are repealed and the following is 171
227+substituted in lieu thereof (Effective from passage): 172
228+(a) An in-state transporter's permit for alcoholic liquor shall allow the 173
229+commercial transportation of any alcoholic liquor and, with the 174
230+approval of the [department, the sale or provision] Department of 175
231+Consumer Protection, the provision or sale of alcoholic liquor for 176
232+consumption in a boat engaged in the transportation of passengers for 177
233+hire [and in] or a motor vehicle in livery service, as permitted by law. 178
234+One permit shall cover all such boats [and] or vehicles that are under 179
235+common control, direction, management or ownership. When applying 180
236+for such approval, the owner of any such boat [and] or vehicle in which 181
237+the sale or consumption of alcoholic liquor will be available shall 182
238+specifically identify to the department each such boat [and] or vehicle. 183
239+[to the department.] The annual fee for an in-state transporter's liquor 184
240+permit shall be one thousand two hundred fifty dollars for the first boat 185
241+or vehicle and [there shall be] an additional annual fee of two hundred 186
242+dollars for each additional boat or vehicle. 187
243+(b) No person, corporation, [trust, partnership, incorporated or 188
244+unincorporated association, and any] incorporated or unincorporated 189
245+association, partnership, trust or other legal entity except [: (1) The] the 190
246+holder of an out-of-state shipper's permit issued [pursuant to] under 191
247+section 30-18 or 30-19, [; (2) the holder of] a manufacturer's permit issued 192
248+[pursuant to] under section 30-16, other than [the holder of] a 193
249+manufacturer permit for a farm winery or a manufacturer permit for 194
250+wine, cider and mead, [; and (3) the holder of] or a wholesaler's permit 195
251+issued [pursuant to] under section 30-17, shall transport any alcoholic 196
252+beverages imported into this state unless such person: [holds] (1) Holds 197
253+an in-state transporter's permit; [and] (2) the tax imposed on such 198
254+alcoholic liquor [by] under section 12-435 has been paid; and [,] (3) if 199
255+applicable, the tax imposed on the sale of such alcoholic liquor 200
256+[pursuant to] under chapter 219 has been paid. 201
257+(c) An in-state transporter, when [shipping or] delivering or shipping 202 Substitute Bill No. 5330
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264+directly to a consumer in this state wine, cider or mead, [directly to a 203
265+consumer in this state,] shall: (1) Ensure that the shipping labels on all 204
266+containers of such products shipped directly to a consumer in this state 205
267+conspicuously state the following: "CONTAINS ALCOHOL —206
268+SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 207
269+DELIVERY"; (2) obtain the signature of a person [age twenty-one or 208
270+older] who is at least twenty-one years of age at the address prior to 209
271+delivery, after requiring the signer to demonstrate that [he or she is age 210
272+twenty-one or older] the signer is at least twenty-one years of age by 211
273+providing a valid motor vehicle operator's license or a valid identity 212
274+card described in section 1-1h; and (3) not ship to any address in the 213
275+state where the sale of alcoholic liquor is prohibited by local option 214
276+pursuant to section 30-9. 215
277+Sec. 4. Section 30-20 of the 2022 supplement to the general statutes is 216
278+repealed and the following is substituted in lieu thereof (Effective from 217
279+passage): 218
280+(a) For the purposes of this section, "grocery store" (1) means any 219
281+store that (A) is commonly known as a delicatessen, food store, grocery 220
282+store or supermarket, and (B) is primarily engaged in the retail sale of 221
283+various canned goods and dry goods such as coffee, flour, spices, sugar 222
284+and tea, whether packaged or in bulk, regardless of whether such store 223
285+sells fresh fruits and vegetables or fresh, prepared or smoked fish, meat 224
286+and poultry, and (2) does not include any store that is primarily engaged 225
287+in the retail sale of bakery products, candy, nuts and confectioneries, 226
288+dairy products, eggs and poultry, fruits and vegetables or seafood. 227
289+[(a)] (b) (1) A package store permit shall allow the retail sale of 228
290+alcoholic liquor in sealed bottles or containers not to be consumed on 229
291+the permit premises. [, such sales to be made only in sealed bottles or 230
292+other containers.] The holder of a package store permit may, in 231
293+accordance with regulations adopted by the Department of Consumer 232
294+Protection pursuant to the provisions of chapter 54, (A) offer free 233
295+samples of alcoholic liquor for tasting on the permit premises, (B) 234
296+conduct fee-based wine education and tasting classes and 235 Substitute Bill No. 5330
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303+demonstrations, and (C) conduct tastings or demonstrations provided 236
304+by a permittee or backer of [a] the package store for a nominal charge to 237
305+charitable nonprofit organizations. Any offering, tasting, wine 238
306+education and tasting class or demonstration held on permit premises 239
307+shall be conducted only during the hours [a] the package store [is 240
308+permitted to] may sell alcoholic liquor under section 30-91, as amended 241
309+by this act. No tasting of wine on the permit premises shall be offered 242
310+from more than ten uncorked bottles at any one time. 243
311+(2) No store operating under a package store permit shall sell any 244
312+commodity other than alcoholic liquor except, [that,] notwithstanding 245
313+any other provision of law, such store may sell [(1)] (A) cigarettes and 246
314+cigars, [(2)] (B) publications, [(3)] (C) bar utensils, [which shall include, 247
315+but need not be] including, but not limited to, corkscrews, beverage 248
316+strainers, stirrers or other similar items used to consume, or related to 249
317+the consumption of, alcoholic liquor, [(4)] (D) gift packages of alcoholic 250
318+liquor shipped into the state by a manufacturer or out-of-state shipper, 251
319+which gift packages may include [a] nonalcoholic [item in the gift 252
320+package that may be any item, except food or tobacco products, 253
321+provided the] items, other than food or tobacco products, if the dollar 254
322+value of the nonalcoholic items in such gift package does not exceed the 255
323+dollar value of the alcoholic items [of the] in such gift package, [(5)] (E) 256
324+complementary fresh fruits used in the preparation of mixed alcoholic 257
325+beverages, [(6)] (F) cheese, [or] crackers [,] or both, [(7)] (G) olives, [(8)] 258
326+(H) nonalcoholic beverages, [(9)] (I) concentrates used in the preparation 259
327+of mixed alcoholic beverages, [(10)] (J) beer and wine-making kits and 260
328+products related to [beer and wine-making] such kits, [(11)] (K) ice in 261
329+any form, [(12)] (L) articles of clothing imprinted with advertising 262
330+related to the alcoholic liquor industry, [(13)] (M) gift baskets or other 263
331+containers of alcoholic liquor, [(14)] (N) multiple packages of alcoholic 264
332+liquors, [as defined in subdivision (3) of section 30-1,] provided in all 265
333+such cases the minimum retail selling price for such alcoholic liquor 266
334+shall apply, [(15)] (O) lottery tickets authorized by the Department of 267
335+Consumer Protection, if licensed as an agent to sell such tickets by [said] 268
336+the department, [(16)] (P) devices and related accessories designed 269 Substitute Bill No. 5330
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343+primarily for accessing and extracting a beverage containing alcohol 270
344+from prepackaged containers, including, but not limited to, pods, 271
345+pouches or similar containers, but excluding devices, including, but not 272
346+limited to, household blenders, that are not designed primarily for such 273
347+purposes, [including, but not limited to, household blenders, (17)] (Q) 274
348+alcohol-infused confections containing not more than one-half of one 275
349+per cent of alcohol by weight and which the commissioner has approved 276
350+for sale [by the commissioner] under section 21a-101, and [(18)] (R) gift 277
351+baskets containing only containers of alcoholic liquor and commodities 278
352+authorized for sale under [subdivisions (1) to (17), inclusive, of this 279
353+subsection] subparagraphs (A) to (Q), inclusive, of this subdivision. A 280
354+package store permit shall also allow the taking and transmitting of 281
355+orders for delivery of such merchandise in other states. 282
356+Notwithstanding any other provision of law, a package store permit 283
357+shall allow the participation in any lottery ticket promotion or giveaway 284
358+sponsored by the [Department of Consumer Protection] department. 285
359+The annual fee for a package store permit shall be five hundred thirty-286
360+five dollars. 287
361+[(b)] (c) A grocery store beer permit may be granted to any grocery 288
362+store and shall allow the retail sale of beer in standard size containers 289
363+not to be consumed on the permit premises. [A] The holder of a grocery 290
364+store beer permit shall post, in a prominent location adjacent to the beer 291
365+display, the retail price for each brand of beer and [said] such retail price 292
366+shall include all applicable federal and state taxes, including, but not 293
367+limited to, the applicable state sales taxes. The annual fee for a grocery 294
368+store beer permit shall be one hundred seventy dollars, [. For a] or, for a 295
369+grocery store that has annual sales of food and grocery items of [not less 296
370+than] at least two million dollars, [the annual fee for a grocery store beer 297
371+permit shall be] one thousand five hundred dollars. 298
372+[(c) "Grocery store" means any store commonly known as a 299
373+supermarket, food store, grocery store or delicatessen, primarily 300
374+engaged in the retail sale of all sorts of canned goods and dry goods 301
375+such as tea, coffee, spices, sugar and flour, either packaged or in bulk, 302 Substitute Bill No. 5330
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382+with or without fresh fruits and vegetables, and with or without fresh, 303
383+smoked and prepared meats, fish and poultry, except that no store 304
384+primarily engaged in the retail sale of seafood, fruits and vegetables, 305
385+candy, nuts and confectioneries, dairy products, bakery products or 306
386+eggs and poultry shall be included in the definition of "grocery store".] 307
387+(d) The holder of a package store permit or a grocery store beer 308
388+permit issued under this section may allow curbside pick-up of 309
389+previously purchased alcoholic liquor by (1) the consumer who 310
390+purchased such alcoholic liquor, or (2) the holder of an in-state 311
391+transporter's permit issued under section 30-19f, as amended by this act, 312
392+or such holder's agent. Such curbside pick-up shall be limited to the 313
393+space immediately adjacent to, or in a parking lot abutting, the permit 314
394+premises. The holder of such package store permit or grocery store beer 315
395+permit may allow such curbside pick-up only during the hours the 316
396+package store or grocery store is allowed to sell alcoholic liquor under 317
397+subsection (d) of section 30-91, as amended by this act, unless a more 318
398+restrictive municipal ordinance limits such curbside pick-up hours. 319
399+Sec. 5. Section 30-46 of the 2022 supplement to the general statutes is 320
400+repealed and the following is substituted in lieu thereof (Effective from 321
401+passage): 322
402+(a) The Department of Consumer Protection may, except as to a store 323
403+engaged chiefly in the sale of groceries, in its discretion, suspend, revoke 324
404+or refuse to grant or renew a permit for the sale of alcoholic liquor if [it] 325
405+the department has reasonable cause to believe [:] that (1) [That] the 326
406+proximity of the permit premises [will have a detrimental effect upon 327
407+any church] to any charitable institution supported by private or public 328
408+funds, church, convent, hospital, public or parochial school, [convent, 329
409+charitable institution, whether supported by private or public funds, 330
410+hospital] or veterans' home, or any [camp,] barracks, camp or flying 331
411+field of the armed forces, [; (2) that such location] will detrimentally 332
412+impact such institution, church, convent, hospital, school, home, 333
413+barracks, camp or field, (2) the permit premises is in such proximity to 334
414+a no-permit town so that it is apparent that the applicant is seeking to 335 Substitute Bill No. 5330
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421+obtain the patronage of [such] persons in such town, [;] (3) [that] the 336
422+number of permit premises in the locality is such that [the] granting [of] 337
423+a permit is detrimental to the public interest, and, in reaching a 338
424+conclusion in this respect, the department may consider the character 339
425+and [of, the] population of, and the number of like permits and [number 340
426+of] all permits existent in, the particular town and the immediate 341
427+neighborhood concerned [,] and the effect which a new permit may have 342
428+on such town or neighborhood or on like permits existent in such town 343
429+or neighborhood, [;] (4) [that] the place has been conducted as a lewd or 344
430+disorderly establishment, [;] (5) [that] the backer does not have a right 345
431+to occupy the permit premises, [;] (6) [that] drive-up sales of alcoholic 346
432+liquor, other than curbside pick-up allowed under subsection (d) of 347
433+section 30-20, as amended by this act, are being made at the permit 348
434+premises, [;] or (7) [that] there is any other reason as provided by state 349
435+or federal law or regulation which warrants such refusal. 350
436+(b) (1) The existence of a coliseum permit issued under section 30-33a 351
437+shall not be a factor to be taken into consideration under subdivision (3) 352
438+of subsection (a) of this section. 353
439+(2) The provisions of subdivisions (1), (2) and (3) of subsection (a) of 354
440+this section shall not apply to [the granting] issuance of a coliseum 355
441+permit under section 30-33a. 356
442+Sec. 6. Section 30-51a of the general statutes is repealed and the 357
443+following is substituted in lieu thereof (Effective from passage): 358
444+Notwithstanding the provisions of subdivision (6) of section 30-47 359
445+and section 30-51, a permittee of premises operating under a grocery 360
446+store beer permit issued under subsection (c) of section 30-20, as 361
447+amended by this act, may lease up to fifty per cent of the total square 362
448+footage of the premises to any person for lawful purposes. The 363
449+Department of Consumer Protection shall not issue a permit allowing 364
450+the sale or consumption of alcoholic liquor on any such leased premises, 365
451+and the sale or consumption of alcoholic liquor [, as defined in 366
452+subdivision (3) of section 30-1,] shall be unlawful on any such leased 367 Substitute Bill No. 5330
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459+premises. 368
460+Sec. 7. Subsection (c) of section 30-74 of the general statutes is 369
461+repealed and the following is substituted in lieu thereof (Effective from 370
462+passage): 371
463+(c) No permittee or backer who is authorized under this chapter to 372
464+sell alcoholic liquor at retail for consumption off the permit premises, 373
465+and no agent or employee of such permittee or backer, may sell or 374
466+deliver such alcoholic liquor from a drive-up window or similar exterior 375
467+wall opening except as part of a curbside pick-up authorized under 376
468+subsection (d) of section 30-20, as amended by this act. 377
469+Sec. 8. Section 30-22a of the 2022 supplement to the general statutes 378
470+is repealed and the following is substituted in lieu thereof (Effective from 379
471+passage): 380
472+(a) A cafe permit shall allow the retail sale of alcoholic liquor to be 381
473+consumed on the premises of a cafe. The holder of a cafe permit shall 382
474+keep food available for sale to its customers for consumption on the 383
475+premises during [a] the majority of the hours such premises are open. 384
476+The availability of food from outside vendors located on or near the 385
477+premises, who may directly deliver such food or indirectly deliver such 386
478+food through a third party, shall be deemed compliance with such 387
479+requirement. The licensed premises shall at all times comply with all the 388
480+regulations of the local department of health. Nothing herein shall be 389
481+construed to require that any food be sold or purchased with any 390
482+alcoholic liquor, nor shall any rule, regulation or standard be 391
483+promulgated or enforced [requiring that the sale] to require that sales of 392
484+food be substantial or that the [receipts of the business other than from 393
485+the sale of] business's receipts from sales of alcoholic liquor equal any 394
486+set percentage of total receipts from all sales made [therein] on the 395
487+licensed premises. A cafe permit shall allow, with the prior approval of 396
488+the Department of Consumer Protection, alcoholic liquor to be served at 397
489+tables in outside areas that are screened or not screened from public 398
490+view where permitted by fire, zoning and health regulations. If not 399 Substitute Bill No. 5330
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497+required by fire, zoning or health regulations, a fence or wall enclosing 400
498+such outside areas shall not be required by the Department of Consumer 401
499+Protection. No fence or wall used to enclose such outside areas shall be 402
500+less than thirty inches high. Such permit shall also authorize the sale at 403
501+retail from the premises of sealed containers, supplied by the permittee, 404
502+of draught beer for consumption off the premises. Such sales shall be 405
503+conducted only during the hours a package store is permitted to sell 406
504+alcoholic liquor under the provisions of subsection (d) of section 30-91, 407
505+as amended by this act. Not more than four liters of such beer shall be 408
506+sold to any person on any day on which the sale of alcoholic liquor is 409
507+authorized under the provisions of subsection (d) of section 30-91, as 410
508+amended by this act. The annual fee for a cafe permit shall be two 411
509+thousand dollars, except the annual fee for a cafe permit for a prior 412
510+holder of a tavern permit issued [pursuant to] under section 30-26 shall 413
511+be eight hundred dollars for the first year, twelve hundred dollars for 414
512+the second year, one thousand six hundred dollars for the third year and 415
513+two thousand dollars for each year thereafter. 416
514+(b) (1) A cafe patron may remove one unsealed bottle of wine for off-417
515+premises consumption, provided the patron has purchased a full course 418
516+meal and consumed a portion of the wine with such meal on the cafe 419
517+premises. For purposes of this section, "full course meal" means a 420
518+diversified selection of food which (A) ordinarily cannot be consumed 421
519+without the use of tableware, and [which] (B) cannot be conveniently 422
520+consumed while standing or walking. 423
521+(2) A partially consumed bottle of wine that is to be removed from 424
522+the premises [pursuant to] under this subsection shall be securely sealed 425
523+and placed in a bag by the permittee or the permittee's agent or 426
524+employee prior to removal from the premises. 427
525+(c) As used in this section, "cafe" means space in a suitable and 428
526+permanent building, vessel or structure, kept, used, maintained, 429
527+advertised and held out to the public to be a place where alcoholic liquor 430
528+and food is served for sale at retail for consumption on the premises but 431
529+which does not necessarily serve hot meals; it shall have no sleeping 432 Substitute Bill No. 5330
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536+accommodations for the public and need not necessarily have a kitchen 433
537+or dining room but shall have employed therein at all times an adequate 434
538+number of employees. 435
539+(d) For purposes of compliance with this section, "cafe" [shall include] 436
540+includes any location in [the Bradley International Airport] a passenger 437
541+terminal complex of any airport, as defined in section 15-34, or any 438
542+location adjacent to and attached by common partition to [said] such 439
543+complex, which is open to the public [and] or to airline club members or 440
544+their guests, with or without the sale of food, for consumption on the 441
545+premises. 442
546+(e) For purposes of compliance with this section, "cafe" [shall include] 443
547+includes all of the land and buildings in which the principal business 444
548+conducted is racing or jai alai exhibitions, with pari-mutuel betting 445
549+licensed by the Department of Consumer Protection. 446
550+(f) For purposes of compliance with this section, "cafe" [shall include] 447
551+includes any commercial bowling establishment containing ten or more 448
552+lanes, or any commercial racquetball or tennis facility containing five or 449
553+more courts, with or without food, for consumption on the premises. 450
554+(g) For purposes of compliance with this section, "cafe" [shall include] 451
555+includes the premises and grounds of a golf country club, defined as: (1) 452
556+[an] An association of persons, whether incorporated or 453
557+unincorporated, that has been in existence as a bona fide organization 454
558+for at least one year prior to applying for a permit issued as provided by 455
559+this chapter, or that at the time of applying for the permit is in existence 456
560+as a bona fide organization and has not less than twenty members who 457
561+have paid annual membership fees or dues and have signed affidavits 458
562+of their intention to remain members of the association for not less than 459
563+one year after that time, not including associations organized for any 460
564+commercial or business purpose the object of which is money profit, 461
565+which maintains a golf course of not less than eighteen holes and a 462
566+course length of at least fifty-five hundred yards and a club house with 463
567+facilities that include locker rooms, a dining room and a lounge; 464 Substitute Bill No. 5330
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574+provided the club shall file with the department, upon request, within 465
575+ten days of February first in each year, a list of the names and residences 466
576+of its members, and shall similarly file, within ten days of the election of 467
577+any additional member, his name and address, and provided its 468
578+aggregate annual membership fees or dues and other income, exclusive 469
579+of any proceeds of the sale of alcoholic liquor, shall be sufficient to 470
580+defray the annual rental of its leased or rented premises, or, if the 471
581+premises are owned by the club, shall be sufficient to meet the taxes, 472
582+insurance and repairs and the interest on any mortgage thereof; and 473
583+provided, further, its affairs and management shall be conducted by a 474
584+board of directors, executive committee or similar body chosen by the 475
585+members at their annual meeting, and no member or any officer, agent 476
586+or employee of the club shall be paid or, directly or indirectly, shall 477
587+receive in the form of salary or other compensation any profits from the 478
588+disposition or sale of alcoholic liquor to the club or to the members of 479
589+the club or its guests introduced by members, beyond the amount of 480
590+such salary as may be fixed and voted at annual meetings by the 481
591+members or by its directors or other governing body and as reported by 482
592+the club to the department, within three months after the annual 483
593+meeting, and as is, in the judgment of the department, reasonable and 484
594+proper compensation for the services of such member, officer, agent or 485
595+employee; or (2) an association of persons, whether incorporated or 486
596+unincorporated, which has been in existence as a bona fide organization 487
597+for at least one year prior to applying for a permit issued as provided by 488
598+this chapter, or which at the time of applying for the permit is in 489
599+existence as a bona fide organization and has not less than twenty 490
600+members who have paid annual membership fees or dues and is directly 491
601+or indirectly wholly owned by a corporation which is and continues to 492
602+be nonprofit and to which the Internal Revenue Service has issued a 493
603+ruling classifying it as an exempt organization under Section 501(c) of 494
604+the Internal Revenue Code of 1986, or any subsequent corresponding 495
605+internal revenue code of the United States, as amended from time to 496
606+time, which maintains a golf course of not less than eighteen holes and 497
607+a course length of at least fifty-five hundred yards and a club house with 498
608+facilities which include locker rooms, a dining room and a lounge; 499 Substitute Bill No. 5330
609+
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613+17 of 84
614+
615+provided the club shall file with the department, upon request, within 500
616+ten days of February first in each year, a list of the names and residences 501
617+of its members, and shall similarly file, within ten days of the admission 502
618+of any additional member, his name and address. The nonprofit 503
619+corporation shall demonstrate to the commission an ability to pay any 504
620+operating deficit of the golf country club, exclusive of any proceeds of 505
621+the sale of alcoholic liquor; and provided, further, the affairs and the 506
622+management of the nonprofit corporation are conducted by a board of 507
623+directors, executive committee or similar body at least forty per cent of 508
624+the members of which are chosen by the members of the nonprofit 509
625+corporation at their annual meeting and the balance of the members of 510
626+the board of directors are professionals chosen for their knowledge of 511
627+the business of the nonprofit corporation, and all moneys earned by the 512
628+golf country club shall be used to defray its expenses of operation or for 513
629+charitable purposes, and any balance shall be directly or indirectly 514
630+remitted to the nonprofit corporation. 515
631+[(h) For purposes of compliance with this section, "cafe" shall include 516
632+the sale and public consumption of alcoholic liquor by passengers with 517
633+or without meals upon any one designated boat engaged in the 518
634+transportation of passengers for hire to or from any port in this state.] 519
635+[(i)] (h) For purposes of compliance with this section, "cafe" [shall 520
636+include] includes any corporation that operates a railway in this state or 521
637+that operates club, parlor, dining, buffet or lounge cars upon the lines of 522
638+any such railway in this state. It shall allow the sale and public 523
639+consumption of alcoholic liquor in any club, parlor, dining, buffet or 524
640+lounge car of a passenger train operated in this state. It shall be subject 525
641+to all the privileges, obligations and penalties provided for in this 526
642+chapter except that it shall be issued to a corporation instead of to a 527
643+person and, if it is revoked, another application may be made by the 528
644+corporation for the issuance of another railroad permit at any time after 529
645+the expiration of one year after such revocation. 530
646+[(j)] (i) For purposes of compliance with this section, "cafe" [shall 531
647+include] includes a facility designed, constructed and used for corporate 532 Substitute Bill No. 5330
648+
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652+18 of 84
653+
654+and private parties, sporting events, concerts, exhibitions, trade shows, 533
655+entertainment presentations, conventions, banquets, meetings, dances, 534
656+fund-raising events and similar functions, located on a tract of land of 535
657+not less than twenty acres containing an enclosed roofed pavilion 536
658+constructed to seat not less than two hundred fifty people, where hot 537
659+meals are regularly served in an adequate and sanitary dining area, such 538
660+meals having been prepared in an adequate and sanitary kitchen on the 539
661+premises, and employing an adequate number of employees who shall 540
662+serve only persons who are at such outing facility to attend an event, 541
663+function, private party or banquet. 542
664+[(k)] (j) For purposes of compliance with this section, "cafe" includes: 543
665+(1) A room or building that is subject to the care, custody and control of 544
666+The University of Connecticut Board of Trustees; (2) land and buildings 545
667+which are subject to the care, custody and control of an institution 546
668+offering a program of higher learning, as defined in section 10a-34, 547
669+which has been accredited by the Board of Regents for Higher Education 548
670+or Office of Higher Education or otherwise is authorized to award a 549
671+degree pursuant to section 10a-34; or (3) on land or in a building situated 550
672+on or abutting a golf course which is subject to the care, custody and 551
673+control of an institution offering a program of higher learning, as 552
674+defined in section 10a-34, which has been accredited by the Board of 553
675+Regents for Higher Education or Office of Higher Education or 554
676+otherwise is authorized to award a degree pursuant to section 10a-34. 555
677+Sec. 9. Section 30-12 of the 2022 supplement to the general statutes is 556
678+repealed and the following is substituted in lieu thereof (Effective from 557
679+passage): 558
680+When any town has so voted upon the question of liquor permits, any 559
681+liquor permit granted in such town which is not in accordance with such 560
682+vote shall be void except manufacturer permits and cafe permits issued 561
683+[pursuant to] under subsections (g) and [(k)] (h) of section 30-22a, as 562
684+amended by this act. 563
685+Sec. 10. Subsection (a) of section 30-14 of the 2022 supplement to the 564 Substitute Bill No. 5330
686+
687+
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690+19 of 84
691+
692+general statutes is repealed and the following is substituted in lieu 565
693+thereof (Effective from passage): 566
694+(a) [A] Each permit shall be a purely personal privilege that [expires 567
695+annually, except a permit issued under sections 30-25, 30-35, 30-37b, 30-568
696+37d, 30-37g and 30-37h, and] is revocable in the discretion of the 569
697+Department of Consumer Protection, and subject to appeal, as provided 570
698+in section 30-55. [A] Except as otherwise provided in the general 571
699+statutes, including, but not limited to, sections 30-25, as amended by this 572
700+act, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, each permit shall expire 573
701+annually. No permit shall [not] constitute property, [nor shall it] be 574
702+subject to attachment and execution [, nor shall it] or be alienable, except 575
703+[that it] a permit shall descend to the estate of a deceased permittee by 576
704+the laws of testate or intestate succession. An airline permit issued under 577
705+section 30-28a or a cafe permit issued [pursuant to] under subsection 578
706+[(k)] (h) of section 30-22a, as amended by this act, shall be granted to the 579
707+airline corporation or railway corporation and not to any person, and 580
708+the corporation shall be the permittee. 581
709+Sec. 11. Section 30-16b of the 2022 supplement to the general statutes 582
710+is repealed and the following is substituted in lieu thereof (Effective from 583
711+passage): 584
712+(a) [From June 4, 2021, until three years after June 4, 2021] During the 585
713+period beginning June 4, 2021, and ending June 5, 2024, the holder of a 586
714+permit issued [pursuant to] under section 30-16, 30-21 or 30-22, as 587
715+amended by this act, [or] subsection [(a), (g), (h) or (i)] (c) or (g) of section 588
716+30-22a, as amended by this act, or section 30-22aa may sell for off-589
717+premises consumption sealed containers of all [such] alcoholic liquor 590
718+such permit holder is allowed to sell for on-premises consumption, 591
719+subject to the requirements of this section and consistent with all local 592
720+ordinances for the town in which the permit premises are located. 593
721+(b) Any alcoholic liquor sold for off-premises consumption [pursuant 594
722+to] under this section shall be accompanied by food prepared on the 595
723+permit premises for off-premises consumption. 596 Substitute Bill No. 5330
724+
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728+20 of 84
729+
730+(c) Alcoholic liquor sold for off-premises consumption [pursuant to] 597
731+under this section may be sold in a container other than the 598
732+manufacturer's original sealed container, unless sold by a permittee 599
733+under section 30-16. All such alcoholic liquor [sold for off-premises 600
734+consumption] shall be given to a consumer in a securely sealed 601
735+container that prevents consumption without the removal of a tamper-602
736+evident lid, cap or seal. A securely sealed container does not include a 603
737+container with a lid with sipping holes or openings for straws. Each 604
738+securely sealed container shall be placed in a bag by the permittee's 605
739+agent or employee prior to removal from the permit premises. 606
740+(d) If a permittee is delivering alcoholic liquor and food, such 607
741+delivery shall be made only by a direct employee of the permittee and 608
742+not by a third-party vendor or entity, unless such third-party vendor or 609
743+entity holds an in-state transporter's permit issued under section 30-19f, 610
744+as amended by this act. 611
745+(e) The sale of alcoholic liquor for off-premises consumption 612
746+[pursuant to] under this section shall: (1) [be] Be conducted only during 613
747+the hours a package store is permitted to sell alcoholic liquor under the 614
748+provisions of subsection (d) of section 30-91, as amended by this act; [,] 615
749+and (2) if such alcoholic liquor is sold by a permittee under section 30-616
750+21 or 30-22, as amended by this act, subsection (c) or (g) of section 30-617
751+22a, as amended by this act, or section 30-22aa, comply with all 618
752+applicable requirements of said sections and the limits imposed under 619
753+subsection (g) of this section. 620
754+(f) A sealed container of alcoholic liquor sold [pursuant to] under this 621
755+section shall not be deemed an open container, provided the sealed 622
756+container is unopened, the seal has not been tampered with [,] and the 623
757+contents of the sealed container have not been partially removed. 624
758+(g) The sale of alcoholic liquor for off-premises consumption 625
759+[pursuant to] under this section by a permittee under section 30-21 or 626
760+30-22, as amended by this act, subsection (c) or (g) of section 30-22a, as 627
761+amended by this act, or section 30-22aa shall comply with the following 628 Substitute Bill No. 5330
762+
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766+21 of 84
767+
768+limits for any one order, per customer: (1) One hundred ninety-six 629
769+ounces [,] for beer; [,] (2) one liter [,] for spirits; [,] and (3) one and one-630
770+half liters [,] for wine. 631
771+(h) The provisions of this section shall not apply to the retail sale of 632
772+any alcoholic liquor manufactured by a manufacturer permittee under 633
773+section 30-16 on [its] the manufacturer's permit premises for off-634
774+premises consumption, which shall be subject to the requirements of 635
775+[said] section 30-16, including, but not limited to, the volume limits and 636
776+hours of sale set forth in [said] section 30-16. 637
777+Sec. 12. Subsection (b) of section 30-22c of the 2022 supplement to the 638
778+general statutes is repealed and the following is substituted in lieu 639
779+thereof (Effective from passage): 640
780+(b) The holder of a cafe permit issued [pursuant to] under subsection 641
781+[(a)] (c) of section 30-22a, as amended by this act, may operate a juice bar 642
782+or similar facility at a permit premises if the juice bar or similar facility 643
783+is limited to a room or rooms or separate area within the permit 644
784+premises wherein there is no sale, consumption, dispensing or presence 645
785+of alcoholic liquor. 646
786+Sec. 13. Section 30-23a of the 2022 supplement to the general statutes 647
787+is repealed and the following is substituted in lieu thereof (Effective from 648
788+passage): 649
789+No person shall be construed to be a guest of a member of a club 650
790+[within the intent] for the purposes of section 30-22aa or of a golf 651
791+country club [within the intent of section 30-24a] for the purposes of 652
792+subsection (g) of section 30-22a, as amended by this act, until such 653
793+person's name and address has been entered in the guest book 654
794+maintained for such purposes on the club or golf country club premises, 655
795+together with the signature of the member and the date of introduction, 656
796+provided neither the permittee nor any person employed to dispense 657
797+alcoholic beverages on such premises, during his working hours on such 658
798+premises, shall enter such person's name in such book. The 659 Substitute Bill No. 5330
799+
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803+22 of 84
804+
805+[requirement] provisions of this section: (1) [shall] Shall not apply to a 660
806+member of any nationally chartered veterans' service organization when 661
807+such member enters a club run by such organization that is not such 662
808+member's home club, but is affiliated with the same organization, 663
809+provided such member shall show a membership, travel card or similar 664
810+identification as a member of such organization upon entry to such club; 665
811+[,] and (2) may be waived by the Department of Consumer Protection 666
812+on special occasions upon written application. 667
813+Sec. 14. Section 30-24 of the 2022 supplement to the general statutes 668
814+is repealed and the following is substituted in lieu thereof (Effective from 669
815+passage): 670
816+Spouses of members of any club or golf country club which holds a 671
817+permit under subsection (g) [or (h)] of section 30-22a, as amended by 672
818+this act, or section 30-22aa may be allowed to participate in all of the 673
819+privileges of such club or golf country club, by vote of such club's 674
820+members, and shall not be considered guests for the purposes of the 675
821+general statutes or provisions of the regulations of Connecticut state 676
822+agencies adopted by the Department of Consumer Protection. 677
823+Sec. 15. Section 30-24b of the 2022 supplement to the general statutes 678
824+is repealed and the following is substituted in lieu thereof (Effective from 679
825+passage): 680
826+Auxiliary members who are spouses of members or surviving 681
827+spouses of former deceased members of any club specified in 682
828+[subsections (g) to (i), inclusive,] subsection (g) of section 30-22a, as 683
829+amended by this act, or section 30-22aa which holds a permit under the 684
830+provisions of this chapter may be allowed to participate in all the 685
831+privileges of such club, by vote of such [club] club's members, and shall 686
832+not be considered guests for purposes of the general statutes or 687
833+provisions of the regulations of Connecticut state agencies adopted by 688
834+the Department of Consumer Protection. 689
835+Sec. 16. Subsection (a) of section 30-25 of the 2022 supplement to the 690 Substitute Bill No. 5330
836+
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840+23 of 84
841+
842+general statutes is repealed and the following is substituted in lieu 691
843+thereof (Effective from passage): 692
844+(a) A special club permit shall allow the sale of alcoholic liquor by the 693
845+drink, at retail, to be consumed at the grounds of an outdoor picnic 694
846+conducted by a club or golf country club. Such permits shall be issued 695
847+only to holders of cafe permits issued [pursuant to subsections (g) to (i), 696
848+inclusive,] under subsection (g) of section 30-22a, [and] as amended by 697
849+this act, and club permits issued under section 30-22aa, shall be issued 698
850+on a daily basis subject to the hours of sale in section 30-91, as amended 699
851+by this act, and shall be the same as provided therein for clubs and golf 700
852+country clubs. The exception established in subsection (a) of section 30-701
853+48, as amended by this act, that applies to boats operating under an in-702
854+state transporter's permit issued under section 30-19f, as amended by 703
855+this act, and cafe permits issued [pursuant to subsections (j) and (k)] 704
856+under subsection (h) of section 30-22a, as amended by this act, [that is 705
857+set forth in section 30-48] shall apply to such a special club permit. No 706
858+such club or golf country club shall be granted more than four such 707
859+special club permits during any one calendar year. 708
860+Sec. 17. Subsection (b) of section 30-39 of the 2022 supplement to the 709
861+general statutes is repealed and the following is substituted in lieu 710
862+thereof (Effective from passage): 711
863+(b) (1) Any person desiring a liquor permit or a renewal of such a 712
864+permit shall make an affirmed application therefor to the Department of 713
865+Consumer Protection, upon forms to be furnished by the department, 714
866+showing the name and address of the applicant and of the applicant's 715
867+backer, if any, the location of the club or place of business which is to be 716
868+operated under such permit and a financial statement setting forth all 717
869+elements and details of any business transactions connected with the 718
870+application. Such application shall include a detailed description of the 719
871+type of live entertainment that is to be provided. A club or place of 720
872+business shall be exempt from providing such detailed description if the 721
873+club or place of business (A) was issued a liquor permit prior to October 722
874+1, 1993, and (B) has not altered the type of entertainment provided. The 723 Substitute Bill No. 5330
875+
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879+24 of 84
880+
881+application shall also indicate any crimes of which the applicant or the 724
882+applicant's backer may have been convicted. Applicants shall submit 725
883+documents sufficient to establish that state and local building, fire and 726
884+zoning requirements and local ordinances concerning hours and days 727
885+of sale will be met, except that local building and zoning requirements 728
886+and local ordinances concerning hours and days of sale shall not apply 729
887+to a cafe permit issued [pursuant to] under subsection (d) or (h) of 730
888+section 30-22a, as amended by this act. The State Fire Marshal or the 731
889+marshal's certified designee shall be responsible for approving 732
890+compliance with the State Fire Code at Bradley International Airport. 733
891+Any person desiring a permit provided for in section 30-33b shall file a 734
892+copy of such person's license with such application if such license was 735
893+issued by the Department of Consumer Protection. The department 736
894+may, at its discretion, conduct an investigation to determine whether a 737
895+permit shall be issued to an applicant. 738
896+(2) The applicant shall pay to the department a nonrefundable 739
897+application fee, which fee shall be in addition to the fees prescribed in 740
898+this chapter for the permit sought. An application fee shall not be 741
899+charged for an application to renew a permit. The application fee shall 742
900+be in the amount of ten dollars for the filing of each application for a 743
901+permit by a charitable organization under section 30-37b, including a 744
902+nonprofit public television corporation under section 30-37d, a 745
903+nonprofit golf tournament permit under section 30-37g, a temporary 746
904+permit under section 30-35 or a special club permit [; and for all other 747
905+permits] under section 30-25, as amended by this act; and in the amount 748
906+of one hundred dollars for the filing of an initial application for all other 749
907+permits. Any permit issued shall be valid only for the purposes and 750
908+activities described in the application. 751
909+(3) The applicant, immediately after filing an application, shall give 752
910+notice thereof, with the name and residence of the permittee, the type of 753
911+permit applied for and the location of the place of business for which 754
912+such permit is to be issued and the type of live entertainment to be 755
913+provided, all in a form prescribed by the department, by publishing the 756 Substitute Bill No. 5330
914+
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918+25 of 84
919+
920+same in a newspaper having a circulation in the town in which the place 757
921+of business to be operated under such permit is to be located, at least 758
922+once a week for two successive weeks, the first publication to be not 759
923+more than seven days after the filing date of the application and the last 760
924+publication not more than fourteen days after the filing date of the 761
925+application. The applicant shall affix, and maintain in a legible condition 762
926+upon the outer door of the building wherein such place of business is to 763
927+be located and clearly visible from the public highway, the placard 764
928+provided by the department, not later than the day following the receipt 765
929+of the placard by the applicant. If such outer door of such premises is so 766
930+far from the public highway that such placard is not clearly visible as 767
931+provided, the department shall direct a suitable method to notify the 768
932+public of such application. When an application is filed for any type of 769
933+permit for a building that has not been constructed, such applicant shall 770
934+erect and maintain in a legible condition a sign not less than six feet by 771
935+four feet upon the site where such place of business is to be located, 772
936+instead of such placard upon the outer door of the building. The sign 773
937+shall set forth the type of permit applied for and the name of the 774
938+proposed permittee, shall be clearly visible from the public highway and 775
939+shall be so erected not later than the day following the receipt of the 776
940+placard. Such applicant shall make a return to the department, under 777
941+oath, of compliance with the foregoing requirements, in such form as 778
942+the department may determine, but the department may require any 779
943+additional proof of such compliance. Upon receipt of evidence of such 780
944+compliance, the department may hold a hearing as to the suitability of 781
945+the proposed location. The provisions of this subdivision shall not apply 782
946+to applications for (A) airline permits issued under section 30-28a, (B) 783
947+charitable organization permits issued under section 30-37b, (C) 784
948+temporary permits issued under section 30-35, (D) special club permits 785
949+issued under section 30-25, as amended by this act, (E) concession 786
950+permits issued under section 30-33, (F) military permits issued under 787
951+section 30-34, (G) cafe permits issued [pursuant to] under subsection [(j) 788
952+or (k)] (h) of section 30-22a, as amended by this act, (H) warehouse 789
953+permits issued under section 30-32, (I) [brokers'] broker's permits issued 790
954+under section 30-30, (J) out-of-state [shippers'] shipper's permits for 791 Substitute Bill No. 5330
955+
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959+26 of 84
960+
961+alcoholic liquor [and] issued under section 30-18, (K) out-of-state 792
962+[shippers'] shipper's permits for beer [, (K)] issued under section 30-19, 793
963+(L) coliseum permits [, (L)] issued under section 30-33a, (M) nonprofit 794
964+golf tournament permits [, (M)] issued under section 30-37g, (N) 795
965+nonprofit public television corporation permits [, (N)] issued under 796
966+section 30-37d, (O) Connecticut craft cafe permits [by] issued under 797
967+section 30-22d, as amended by this act, to permittees who held a 798
968+manufacturer permit for a brew pub or a manufacturer permit for a beer 799
969+and brew pub [prior to] before July 1, 2020, [and (O)] (P) off-site farm 800
970+winery sales and wine, cider and mead tasting permits issued under 801
971+section 30-16a, (Q) out-of-state retailer shipper's permits for wine issued 802
972+under section 30-18a, (R) out-of-state winery shipper's permits for wine 803
973+issued under section 30-18a, (S) in-state transporter's permits for 804
974+alcoholic liquor issued under section 30-19f, as amended by this act, 805
975+including, but not limited to, boats operating under such permits, (T) 806
976+seasonal outdoor open-air permits issued under section 30-22e, as 807
977+amended by this act, and (U) renewals of any [such permits] permit 808
978+described in subparagraphs (A) to (T), inclusive, of this subdivision, if 809
979+applicable. The provisions of this subdivision regarding publication and 810
980+placard display shall also be required of any applicant who seeks to 811
981+amend the type of entertainment either upon filing of a renewal 812
982+application or upon requesting permission of the department in a form 813
983+that requires the approval of the municipal zoning official. 814
984+(4) In any case in which a permit has been issued to a partnership, if 815
985+one or more of the partners dies or retires, the remaining partner or 816
986+partners need not file a new application for the unexpired portion of the 817
987+current permit, and no additional fee for such unexpired portion shall 818
988+be required. Notice of any such change shall be given to the department 819
989+and the permit shall be endorsed to show correct ownership. When any 820
990+partnership changes by reason of the addition of one or more persons, a 821
991+new application with new fees shall be required. 822
992+Sec. 18. Section 30-45 of the 2022 supplement to the general statutes 823
993+is repealed and the following is substituted in lieu thereof (Effective from 824 Substitute Bill No. 5330
994+
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998+27 of 84
999+
1000+passage): 825
1001+The Department of Consumer Protection shall refuse permits for the 826
1002+sale of alcoholic liquor to the following persons: (1) Any state marshal, 827
1003+judicial marshal, judge of any court, prosecuting officer or member of 828
1004+any police force; [, (2) a minor, and] (2) any minor; (3) any constable who 829
1005+(A) performs criminal law enforcement duties and is considered a peace 830
1006+officer by town ordinance pursuant to the provisions of subsection (a) 831
1007+of section 54-1f, [any constable who] or (B) is certified under the 832
1008+provisions of sections 7-294a to 7-294e, inclusive, [who] and performs 833
1009+criminal law enforcement duties pursuant to the provisions of 834
1010+subsection (c) of section 54-1f; [, or] and (4) any special constable 835
1011+appointed pursuant to section 7-92. This section shall not apply to any 836
1012+out-of-state [shippers' permits, cafe permits issued pursuant to 837
1013+subsection (j) of section 30-22a and airline permits] shipper's permit 838
1014+issued under section 30-18, 30-18a or 30-19, any cafe permit issued under 839
1015+section 30-22a, as amended by this act, any boat operating under any in-840
1016+state transporter's permit issued under section 30-19f, as amended by 841
1017+this act, or any airline permit issued under section 30-28a. As used in 842
1018+this section, "minor" means a minor, as defined in section 1-1d or as 843
1019+defined in section 30-1, as amended by this act, whichever age is older. 844
1020+Sec. 19. Subsection (a) of section 30-48 of the 2022 supplement to the 845
1021+general statutes is repealed and the following is substituted in lieu 846
1022+thereof (Effective from passage): 847
1023+(a) No backer or permittee of one permit class shall be a backer or 848
1024+permittee of any other permit class except in the case of airline permits 849
1025+issued under section 30-28a, boats operating under in-state transporter's 850
1026+permits issued under section 30-19f, as amended by this act, and cafe 851
1027+permits issued [pursuant to subsection (d), (j) or (k)] under subsections 852
1028+(d) and (h) of section 30-22a, as amended by this act, [and] except that: 853
1029+(1) A backer of a hotel permit issued under section 30-21 or a restaurant 854
1030+permit issued under section 30-22, as amended by this act, may be a 855
1031+backer of both such classes; (2) a holder or backer of a restaurant permit 856
1032+issued under section 30-22, as amended by this act, or a cafe permit 857 Substitute Bill No. 5330
1033+
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1037+28 of 84
1038+
1039+issued [pursuant to] under subsection (a) of section 30-22a, as amended 858
1040+by this act, may be a holder or backer of any other or all of such classes; 859
1041+(3) a holder or backer of a restaurant permit issued under section 30-22, 860
1042+as amended by this act, may be a holder or backer of a cafe permit issued 861
1043+[pursuant to] under subsection (f) of section 30-22a, as amended by this 862
1044+act; (4) a backer of a restaurant permit issued under section 30-22, as 863
1045+amended by this act, may be a backer of a coliseum permit issued under 864
1046+section 30-33a when such restaurant is within a coliseum; (5) a backer of 865
1047+a hotel permit issued under section 30-21 may be a backer of a coliseum 866
1048+permit issued under section 30-33a; (6) a backer of a grocery store beer 867
1049+permit issued under subsection (c) of section 30-20, as amended by this 868
1050+act, may be (A) a backer of a package store permit issued under 869
1051+subsection (b) of section 30-20, as amended by this act, if such was the 870
1052+case on or before May 1, 1996, and (B) a backer of a restaurant permit 871
1053+issued under section 30-22, as amended by this act, provided the 872
1054+restaurant permit premises do not abut or share the same space as the 873
1055+grocery store beer permit premises; (7) a backer of a cafe permit issued 874
1056+[pursuant to] under subsection [(m)] (j) of section 30-22a, as amended 875
1057+by this act, may be a backer of a nonprofit theater permit issued under 876
1058+section 30-35a; (8) a backer of a nonprofit theater permit issued under 877
1059+section 30-35a may be a holder or backer of a hotel permit issued under 878
1060+section 30-21 or a coliseum permit issued under section 30-33a; (9) a 879
1061+backer of a concession permit issued under section 30-33 may be a 880
1062+backer of a coliseum permit issued under section 30-33a; (10) a holder of 881
1063+an out-of-state winery shipper's permit for wine issued under section 882
1064+30-18a may be a holder of an in-state transporter's permit issued under 883
1065+section 30-19f, as amended by this act, or an out-of-state entity wine 884
1066+festival permit issued [pursuant to] under section 30-37m, or of both 885
1067+such permits; (11) a holder of an out-of-state shipper's permit for 886
1068+alcoholic liquor [other than beer] issued under section 30-18 or an out-887
1069+of-state winery shipper's permit for wine issued under section 30-18a 888
1070+may be a holder of an in-state transporter's permit issued under section 889
1071+30-19f, as amended by this act; (12) a holder of a manufacturer permit 890
1072+for a farm winery [or the holder of] issued under subsection (c) of section 891
1073+30-16 or a manufacturer permit for wine, cider and mead issued under 892 Substitute Bill No. 5330
1074+
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1078+29 of 84
1079+
1080+subsection (d) of section 30-16 may be a holder of an in-state 893
1081+transporter's permit issued under section 30-19f, as amended by this act, 894
1082+a wine festival permit issued [pursuant to] under section 30-37l, a 895
1083+farmers' market sales permit issued [pursuant to] under subsection (a) 896
1084+of section 30-37o, an off-site farm winery sales and tasting permit issued 897
1085+[pursuant to] under section 30-16a or [of] any combination of such 898
1086+permits; (13) a holder of a manufacturer permit for beer issued under 899
1087+subsection (b) of section 30-16 may be a holder of a farmers' market sales 900
1088+permit issued [pursuant to] under subsection (a) of section 30-37o; (14) 901
1089+the holder of a manufacturer permit for spirits, [a manufacturer permit 902
1090+for beer, a manufacturer permit for] beer, a farm winery or [a 903
1091+manufacturer permit for] wine, cider and mead, issued under 904
1092+subsection (a), (b), (c) or (d), respectively, of section 30-16, may be a 905
1093+holder of a Connecticut craft cafe permit issued under section 30-22d, as 906
1094+amended by this act, a restaurant permit or a restaurant permit for wine 907
1095+and beer issued under section 30-22, as amended by this act; and (15) 908
1096+the holder of a restaurant permit [or] issued under section 30-22, as 909
1097+amended by this act, a cafe permit issued under section 30-22a, as 910
1098+amended by this act, or an in-state transporter's permit issued under 911
1099+section 30-19f, as amended by this act, may be the holder of a seasonal 912
1100+outdoor open-air permit issued [pursuant to] under section 30-22e, as 913
1101+amended by this act. Any person may be a permittee of more than one 914
1102+permit. No holder of a manufacturer permit for [a brew pub] beer issued 915
1103+under subsection (b) of section 30-16 and no spouse or child of such 916
1104+holder may be a holder or backer of more than three restaurant permits 917
1105+issued under section 30-22, as amended by this act, or cafe permits 918
1106+issued under section 30-22a, as amended by this act. 919
1107+Sec. 20. Subsection (c) of section 30-48a of the 2022 supplement to the 920
1108+general statutes is repealed and the following is substituted in lieu 921
1109+thereof (Effective from passage): 922
1110+(c) Membership in any organization which is or may become the 923
1111+holder of a [cafe] club or nonprofit club permit issued [pursuant to 924
1112+subsection (h) of section 30-22a] under section 30-22aa shall not 925 Substitute Bill No. 5330
1113+
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1117+30 of 84
1118+
1119+constitute acquisition of an interest in a retail permit. 926
1120+Sec. 21. Section 30-53 of the 2022 supplement to the general statutes 927
1121+is repealed and the following is substituted in lieu thereof (Effective from 928
1122+passage): 929
1123+Each permit granted or renewed by the Department of Consumer 930
1124+Protection shall be of no effect until a duplicate thereof has been filed by 931
1125+the permittee with the town clerk of the town within which the club or 932
1126+place of business described in such permit is situated; provided the 933
1127+place of filing [of] for (1) a cafe permit issued [pursuant to] under 934
1128+subsection [(j) or (k)] (h) of section 30-22a, as amended by this act, or a 935
1129+boat operating under an in-state transporter's permit issued under 936
1130+section 30-19f, as amended by this act, shall be the office of the town 937
1131+clerk of the town of New Haven, and (2) an airline [permits,] permit 938
1132+issued under section 30-28a shall be the office of the town clerk of the 939
1133+town of Hartford. The fee for such filing shall be twenty dollars. 940
1134+Sec. 22. Section 30-54 of the 2022 supplement to the general statutes 941
1135+is repealed and the following is substituted in lieu thereof (Effective from 942
1136+passage): 943
1137+Every permittee, other than a corporation holding a cafe permit 944
1138+issued [pursuant to] under subsection [(k)] (h) of section 30-22a, as 945
1139+amended by this act, or an airline permit issued under section 30-28a, 946
1140+shall cause [his or her] such permittee's permit or a duplicate thereof to 947
1141+be framed and hung in plain view in a conspicuous place in any room 948
1142+where the sales so permitted are to be carried on. 949
1143+Sec. 23. Subsections (a) to (e), inclusive, of section 30-91 of the 2022 950
1144+supplement to the general statutes are repealed and the following is 951
1145+substituted in lieu thereof (Effective from passage): 952
1146+(a) The sale, [or the] dispensing, [or] consumption or [the] presence 953
1147+in glasses or other receptacles suitable to [permit] allow for the 954
1148+consumption of alcoholic liquor by an individual in places operating 955
1149+under hotel permits issued under section 30-21, restaurant permits 956 Substitute Bill No. 5330
1150+
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1154+31 of 84
1155+
1156+issued under section 30-22, as amended by this act, cafe permits issued 957
1157+under section 30-22a, as amended by this act, Connecticut craft cafe 958
1158+permits issued under section 30-22d, as amended by this act, club 959
1159+permits issued under section 30-22aa, restaurant permits for catering 960
1160+establishments issued under section 30-22b, coliseum permits issued 961
1161+under section 30-33a, nonprofit public museum permits issued under 962
1162+section 30-37a, manufacturer permits for beer, a farm winery or wine, 963
1163+cider and mead issued under subsection (b), (c) or (d), respectively, of 964
1164+section 30-16, casino permits issued under section 30-37k, caterer liquor 965
1165+permits issued under section 30-37j and charitable organization permits 966
1166+issued under section 30-37b shall be unlawful on: (1) Monday, Tuesday, 967
1167+Wednesday, Thursday and Friday between the hours of one o'clock a.m. 968
1168+and nine o'clock a.m.; (2) Saturday between the hours of two o'clock a.m. 969
1169+and nine o'clock a.m.; (3) Sunday between the hours of two o'clock a.m. 970
1170+and ten o'clock a.m.; (4) Christmas, except (A) for alcoholic liquor that is 971
1171+served where food is also available during the hours otherwise 972
1172+permitted by this section for the day on which Christmas falls, and (B) 973
1173+by casino permittees at casinos, as defined in section 30-37k; and (5) 974
1174+January first between the hours of three o'clock a.m. and nine o'clock 975
1175+a.m., except that on any Sunday that is January first the prohibitions of 976
1176+this section shall be between the hours of three o'clock a.m. and ten 977
1177+o'clock a.m. 978
1178+(b) Any town may, by vote of a town meeting or by ordinance, reduce 979
1179+the number of hours during which sales under subsection (a) of this 980
1180+section, except sales [pursuant to] under a cafe permit issued [pursuant 981
1181+to] under subsection (d) of section 30-22a, as amended by this act, shall 982
1182+be permissible. In all cases when a town, either by vote of a town 983
1183+meeting or by ordinance, has acted on the sale of alcoholic liquor or the 984
1184+reduction of the number of hours when such sale is permissible, such 985
1185+action shall become effective on the first day of the month succeeding 986
1186+such action and no further action shall be taken until at least one year 987
1187+has elapsed since the previous action was taken. 988
1188+(c) Notwithstanding any provisions of subsections (a) and (b) of this 989 Substitute Bill No. 5330
1189+
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1193+32 of 84
1194+
1195+section, such sale, [or] dispensing, [or] consumption or presence in 990
1196+glasses in places operating under a cafe permit issued [pursuant to] 991
1197+under subsection (f) of section 30-22a, as amended by this act, shall be 992
1198+unlawful before eleven a.m. on any day, except in that portion of the 993
1199+permit premises which is located in a separate room or rooms entry to 994
1200+which, from the bowling lane area of the establishment, is by means of 995
1201+a door or doors which shall remain closed at all times except to permit 996
1202+entrance and egress to and from the lane area. Any alcoholic liquor sold 997
1203+or dispensed in a place operating under a cafe permit issued [pursuant 998
1204+to] under subsection (f) of section 30-22a, as amended by this act, shall 999
1205+be served in containers such as, but not limited to, plastic or glass. Any 1000
1206+town may, by vote of a town meeting or by ordinance, reduce the 1001
1207+number of hours during which sales under this subsection shall be 1002
1208+permissible. 1003
1209+(d) The sale or dispensing of alcoholic liquor for off-premises 1004
1210+consumption in places operating under package store permits [, drug 1005
1211+store permits] issued under subsection (b) of section 30-20, as amended 1006
1212+by this act, druggist permits issued under section 30-36, manufacturer 1007
1213+permits [for beer or] issued under section 30-16, grocery store beer 1008
1214+permits issued under subsection (c) of section 30-20, as amended by this 1009
1215+act, or religious wine retailer permits issued under section 2 of this act 1010
1216+shall be unlawful on Thanksgiving Day, New Year's Day and Christmas; 1011
1217+and such sale or dispensing of alcoholic liquor for off-premises 1012
1218+consumption in places operating under package store permits, [drug 1013
1219+store] druggist permits, manufacturer permits for beer, [and] grocery 1014
1220+store beer permits and religious wine retailer permits shall be unlawful 1015
1221+on Sunday before ten o'clock a.m. and after six o'clock p.m. and on any 1016
1222+other day before eight o'clock a.m. and after ten o'clock p.m. Any town 1017
1223+may, by a vote of a town meeting or by ordinance, reduce the number 1018
1224+of hours during which such sale shall be permissible. 1019
1225+(e) (1) In the case of any premises operating under a cafe permit [,] 1020
1226+issued under subsection (c) of section 30-22a, as amended by this act, or 1021
1227+a Connecticut craft cafe permit issued under section 30-22d, as amended 1022 Substitute Bill No. 5330
1228+
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1232+33 of 84
1233+
1234+by this act, and wherein, under the provisions of this section, the sale of 1023
1235+alcoholic liquor is forbidden on certain days or hours of the day, or 1024
1236+during the period when [a cafe] such permit is suspended, it shall 1025
1237+likewise be unlawful to keep such premises open to, or permit [it] such 1026
1238+premises to be occupied by, the public on such days or hours. 1027
1239+(2) In the case of any premises operating under a cafe permit, it shall 1028
1240+be unlawful to keep such premises open to, or permit such premises to 1029
1241+be occupied by, the public between the hours of one o'clock a.m. and six 1030
1242+o'clock a.m. on Monday, Tuesday, Wednesday, Thursday and Friday 1031
1243+and between the hours of two o'clock a.m. and six o'clock a.m. on 1032
1244+Saturday and Sunday or during any period of time when such permit is 1033
1245+suspended, provided the sale, [or the] dispensing or consumption of 1034
1246+alcohol on such premises operating under such cafe permit shall be 1035
1247+prohibited beyond the hours authorized for the sale, [or] dispensing or 1036
1248+consumption of alcohol for such premises under this section. 1037
1249+(3) Notwithstanding any provision of this chapter, in the case of any 1038
1250+premises operating under a cafe permit, it shall be lawful for such 1039
1251+premises to be open to, or be occupied by, the public when such 1040
1252+premises is being used as a site for film, television, video or digital 1041
1253+production eligible for a film production tax credit pursuant to section 1042
1254+12-217jj, provided the sale, [or the] dispensing or consumption of 1043
1255+alcohol on such premises operating under such cafe permit shall be 1044
1256+prohibited beyond the hours authorized for the sale, [or the] dispensing 1045
1257+or consumption of alcohol for such premises under this section. 1046
1258+Sec. 24. Subsection (e) of section 30-22 of the general statutes is 1047
1259+repealed and the following is substituted in lieu thereof (Effective from 1048
1260+passage): 1049
1261+(e) "Restaurant" means space [,] that (1) is located in a suitable and 1050
1262+permanent building, (2) is kept, used, maintained, advertised and held 1051
1263+out to the public to be a place where hot meals are regularly served, [but 1052
1264+which] (3) has no sleeping accommodations for the public, [and which 1053
1265+shall be provided with] (4) has an adequate and sanitary kitchen and 1054 Substitute Bill No. 5330
1266+
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1270+34 of 84
1271+
1272+dining room, [and] (5) employs at all times an adequate number of 1055
1273+employees, and (6) if such space has no effective separation between a 1056
1274+barroom and a dining room, includes at least four hundred square feet 1057
1275+of dining space, and seating for at least twenty persons, in the dining 1058
1276+room. 1059
1277+Sec. 25. Section 30-22d of the general statutes is repealed and the 1060
1278+following is substituted in lieu thereof (Effective from passage): 1061
1279+(a) For the purposes of this section, "craft cafe" means a space that (1) 1062
1280+is located in a suitable and permanent building, (2) is kept, used, 1063
1281+maintained, advertised and held out to the public to be a place where 1064
1282+alcoholic liquor and food are served at retail for consumption on the 1065
1283+premises, (3) at all times has employed therein an adequate number of 1066
1284+employees, (4) does not include public sleeping accommodations, and 1067
1285+(5) need not necessarily have a dining room or kitchen. 1068
1286+[(a)] (b) A Connecticut craft cafe permit shall allow the retail sale of 1069
1287+alcoholic liquor manufactured in this state to be consumed on the 1070
1288+premises of such craft cafe. The holder of such permit shall also hold a 1071
1289+manufacturer permit issued under section 30-16, and shall keep food 1072
1290+available during [a] the majority of the hours such permit premises are 1073
1291+open [pursuant to] under this subsection for sale to, and consumption 1074
1292+by, customers on [the] such permit premises. The availability of food 1075
1293+from outside vendors located on or near the permit premises, [shall be 1076
1294+deemed compliance with] delivered either directly by such outside 1077
1295+vendors or indirectly through a third party, is sufficient to satisfy such 1078
1296+requirement. The permit premises shall at all times comply with all 1079
1297+regulations of the local department of health. Nothing [herein] in this 1080
1298+section shall be construed to require that any food be sold or purchased 1081
1299+with any alcoholic liquor, [nor shall any] and no rule, regulation or 1082
1300+standard shall be promulgated or enforced [requiring] to require that 1083
1301+[the sale] sales of food be substantial or that the business's receipts [of 1084
1302+the business other than from the sale] from sales of alcoholic liquor 1085
1303+equal any set percentage of total receipts from all sales made [therein] 1086
1304+on the permit premises. A Connecticut craft cafe permit shall allow, with 1087 Substitute Bill No. 5330
1305+
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1309+35 of 84
1310+
1311+[the prior approval of] the Department of Consumer [Protection] 1088
1312+Protection's prior approval and if allowed under fire, zoning and health 1089
1313+regulations, alcoholic liquor to be served at tables in outside areas that 1090
1314+are screened or not screened from public view. [where permitted by fire, 1091
1315+zoning and health regulations. If not required by] If fire, zoning or 1092
1316+health regulations [,] do not require that such areas be enclosed by a 1093
1317+fence or wall, [enclosing such outside areas shall not be required by the 1094
1318+Department of Consumer Protection] the department shall not require 1095
1319+that such areas be so enclosed. No such fence or wall [used to enclose 1096
1320+such outside areas] shall be less than thirty inches high. [Such] A 1097
1321+Connecticut craft cafe permit shall also authorize the sale, at retail from 1098
1322+the permit premises [of] for consumption off the permit premises, of 1099
1323+sealed containers supplied by the permittee of draught beer. [for 1100
1324+consumption off the premises.] Such sales shall be conducted only 1101
1325+during the hours that the holder of a manufacturer permit for beer 1102
1326+issued under subsection (b) of section 30-16 is permitted to sell alcoholic 1103
1327+liquor under the provisions of subsection (d) of section 30-91, as 1104
1328+amended by this act. Not more than nine gallons of such beer shall be 1105
1329+sold to any person on any day on which the sale of alcoholic liquor is 1106
1330+authorized under the provisions of subsection (a) of section 30-91, as 1107
1331+amended by this act. The annual fee for [a] each Connecticut craft cafe 1108
1332+permit shall be three hundred dollars. 1109
1333+[(b) As used in subsection (a) of this section, "craft cafe" means space 1110
1334+in a suitable and permanent building, kept, used, maintained, 1111
1335+advertised and held out to the public to be a place where alcoholic liquor 1112
1336+and food is served for sale at retail for consumption on the premises but 1113
1337+that does not necessarily serve hot meals, as specified in subsection (a) 1114
1338+of this section, but shall have employed therein at all times an adequate 1115
1339+number of employees. "Cafe" does not include sleeping 1116
1340+accommodations for the public and need not necessarily have a kitchen 1117
1341+or dining room.] 1118
1342+(c) The holder of a Connecticut craft cafe permit may purchase, for 1119
1343+resale on such permit holder's premises, alcoholic liquor [for resale on 1120 Substitute Bill No. 5330
1344+
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1348+36 of 84
1349+
1350+such permit holder's premises] from the holder of a manufacturer 1121
1351+permit for: (1) [Manufacturer permit for spirits issued pursuant to] 1122
1352+Spirits issued under subsection (a) of section 30-16; [, (2) manufacturer 1123
1353+permit for] (2) beer issued [pursuant to] under subsection (b) of section 1124
1354+30-16; [, (3) manufacturer permit for] (3) a farm winery issued [pursuant 1125
1355+to] under subsection (c) of section 30-16; [,] or (4) [manufacturer permit 1126
1356+for] wine, cider and mead issued [pursuant to] under subsection (d) of 1127
1357+section 30-16. The holder of a Connecticut craft cafe permit shall not 1128
1358+purchase the same type of alcoholic liquor such permit holder 1129
1359+manufactures from any holder of a manufacturer permit specified in 1130
1360+subdivision (1), (2) or (3) of this subsection. The sale of such alcoholic 1131
1361+liquor shall not [be] comprise more than twenty per cent of the 1132
1362+Connecticut craft cafe permit holder's gross annual sales of all alcoholic 1133
1363+liquor sold for [on-premise] on-premises consumption. 1134
1364+Sec. 26. Subsection (c) of section 30-22e of the 2022 supplement to the 1135
1365+general statutes is repealed and the following is substituted in lieu 1136
1366+thereof (Effective from passage): 1137
1367+(c) The seasonal outdoor open-air permit shall be effective either 1138
1368+April first to September thirtieth, inclusive, or May first to October 1139
1369+thirty-first, inclusive, of the same year. Such permit shall be issued by 1140
1370+the Department of Consumer Protection subject to the limitations on 1141
1371+hours of operation for a restaurant permittee, as specified in section 30-1142
1372+91, as amended by this act. [Any] No such permit shall [not] be 1143
1373+renewable, and the [issuance of] department shall not issue a 1144
1374+provisional seasonal outdoor open-air permit. [is prohibited.] Any 1145
1375+backer of the permittee may [only] apply for only one [such] seasonal 1146
1376+outdoor open-air permit per calendar year. The provisions of 1147
1377+subdivision (3) of subsection (b) and subsection (c) of section 30-39, as 1148
1378+amended by this act, do not apply to [such permit] seasonal outdoor 1149
1379+open-air permits. The annual fee for [a] each seasonal outdoor open-air 1150
1380+permit shall be two thousand dollars. 1151
1381+Sec. 27. Section 30-35b of the 2022 supplement to the general statutes 1152
1382+is repealed and the following is substituted in lieu thereof (Effective from 1153 Substitute Bill No. 5330
1383+
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1387+37 of 84
1388+
1389+passage): 1154
1390+[A ninety-day provisional permit shall allow the retail sale or 1155
1391+manufacture of alcoholic liquor by any] The Department of Consumer 1156
1392+Protection or Liquor Control Commission may, in the department's or 1157
1393+commission's discretion, issue to any applicant, who makes a sworn 1158
1394+application for a liquor permit under section 30-39, as amended by this 1159
1395+act, and such applicant's backer, if any, a ninety-day provisional permit 1160
1396+allowing such applicant and [his or her backer, if any, who has made 1161
1397+application for a liquor permit pursuant to section 30-39 and may be 1162
1398+issued at the discretion of the Liquor Control Commission or the 1163
1399+Department of Consumer Protection] backer to manufacture or sell, at 1164
1400+retail, alcoholic liquor. If such applicant or [such applicant's backer, if 1165
1401+any,] backer causes any delay in the investigation conducted by the 1166
1402+[Department of Consumer Protection] department pursuant to [said] 1167
1403+section 30-39, as amended by this act, [the] such ninety-day provisional 1168
1404+permit shall immediately cease [immediately. Only] to be effective. The 1169
1405+department or commission shall issue only one [such] ninety-day 1170
1406+provisional permit [shall be issued] to any such applicant and [his or 1171
1407+her] applicant's backer [, if any,] for each location of the club or place of 1172
1408+business which is to be operated under such permit. [and such] Such 1173
1409+ninety-day provisional permit shall be nonrenewable, but may be 1174
1410+extended due to delays not caused by the applicant. [Such] The 1175
1411+department or commission shall not extend such permit [shall not be 1176
1412+extended] beyond one year from the filing date, as defined in section 30-1177
1413+39, as amended by this act. The nonrefundable fee for such ninety-day 1178
1414+provisional permit shall be five hundred dollars. 1179
1415+Sec. 28. Section 30-81 of the 2022 supplement to the general statutes 1180
1416+is repealed and the following is substituted in lieu thereof (Effective from 1181
1417+passage): 1182
1418+No person who is [, by statute or regulation,] declared, under any 1183
1419+provision of the general statutes or the regulations of Connecticut state 1184
1420+agencies, to be an unsuitable person to hold a permit to sell alcoholic 1185
1421+liquor shall be allowed to have a financial interest in any [such permit] 1186 Substitute Bill No. 5330
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1427+
1428+business that is permitted to sell alcoholic liquor under any provision of 1187
1429+the general statutes or the regulations of Connecticut state agencies. 1188
1430+Except as provided in section 30-90a, no minor shall be employed [in 1189
1431+any premises operating under a cafe permit in any capacity or] in 1190
1432+handling any alcoholic liquor upon, [in] delivering any alcoholic liquor 1191
1433+to [,] or [in] carrying or conveying any alcoholic liquor from [,] any 1192
1434+permit premises. 1193
1435+Sec. 29. Section 30-90 of the 2022 supplement to the general statutes 1194
1436+is repealed and the following is substituted in lieu thereof (Effective from 1195
1437+passage): 1196
1438+Any permittee who, [by himself, his] either personally or through 1197
1439+such permittee's servant or agent, [permits] allows any minor or any 1198
1440+person to whom the sale or gift of alcoholic liquor has been [forbidden 1199
1441+according to] prohibited by law to loiter on [his] the permit premises 1200
1442+where [such] alcoholic liquor is kept for sale, or who allows any minor, 1201
1443+other than a person [over age eighteen who is] who is at least eighteen 1202
1444+years of age and an employee or permit holder under section 30-90a or 1203
1445+a minor accompanied by [his] the minor's parent or guardian, to be in 1204
1446+any room where alcoholic liquor is served at any bar, shall be subject to 1205
1447+the penalties [of] described in section 30-113. For barrooms consisting of 1206
1448+only one room and for permit premises without effective separation 1207
1449+between a barroom and a dining room, [no] an unaccompanied minor 1208
1450+may remain on the permit premises while waiting for and consuming 1209
1451+food prepared on such permit premises. No minor may sit or stand at a 1210
1452+consumer bar without being accompanied by a parent, guardian or 1211
1453+spouse. 1212
1454+Sec. 30. Section 20-578 of the general statutes is repealed and the 1213
1455+following is substituted in lieu thereof (Effective from passage): 1214
1456+(a) Information received by the department, the commission or the 1215
1457+Department of Public Health, through filed reports or inspection or as 1216
1458+otherwise authorized under chapters 418, [and] 420b, 420c and 420f and 1217
1459+sections 20-570 to 20-630, inclusive, shall not be disclosed publicly in 1218 Substitute Bill No. 5330
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1465+
1466+such a manner as to identify individuals or institutions, except: (1) In a 1219
1467+proceeding involving the question of licensure or the right to practice; 1220
1468+[,] and (2) in a proceeding where the commission has voted in favor of 1221
1469+formal disciplinary action against a pharmacist or pharmacy licensed 1222
1470+pursuant to this chapter, when such disciplinary action is related to an 1223
1471+error in the dispensing of medication. Nothing in this section shall be 1224
1472+construed to prohibit the commissioner from disclosing information 1225
1473+gained through the inspection of pharmacies and outlets holding 1226
1474+permits for the sale of nonlegend drugs if the commissioner considers 1227
1475+such disclosure to be in the interest of public health. 1228
1476+(b) Notwithstanding the provisions of subsection (a) of this section, 1229
1477+section 21a-265 and chapter 55, the Commissioners of Consumer 1230
1478+Protection and Public Health and the authorized agents of said 1231
1479+commissioners, in carrying out their duties under subsection (a) of this 1232
1480+section, may: (1) Exchange information relating to a license or 1233
1481+registration issued by their respective agencies; [,] or (2) exchange 1234
1482+investigative information relating to violations of this chapter with each 1235
1483+other, [with] the Chief State's Attorney and [with] any agencies charged 1236
1484+with [the enforcement of] enforcing the pharmacy or drug laws of the 1237
1485+United States, this state [and all] or other jurisdictions. 1238
1486+Sec. 31. Section 20-617a of the general statutes is repealed and the 1239
1487+following is substituted in lieu thereof (Effective from passage): 1240
1488+(a) For purposes of this section, "flavoring agent" means an additive 1241
1489+used in food or drugs when such additive: (1) Is used in accordance with 1242
1490+good manufacturing practice principles and in the minimum quantity 1243
1491+required to produce its intended effect; [,] (2) consists of one or more 1244
1492+ingredients generally recognized as safe in food and drugs, has been 1245
1493+previously sanctioned for use in food and drugs by the state or the 1246
1494+federal government [, meets United States Pharmacopeia standards] or 1247
1495+is an additive permitted for direct addition to food for human 1248
1496+consumption pursuant to 21 CFR 172; [,] (3) is inert and produces no 1249
1497+effect other than the instillation or modification of flavor; [,] and (4) is 1250
1498+not greater than five per cent of the total weight of the product. 1251 Substitute Bill No. 5330
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1504+
1505+(b) A flavoring agent may be added to a prescription product by: (1) 1252
1506+A pharmacist upon the request of the prescribing practitioner, patient 1253
1507+for whom the prescription is ordered or such patient's agent; [,] or (2) a 1254
1508+pharmacist acting on behalf of a hospital, as defined in section 19a-490. 1255
1509+Sec. 32. Subsection (a) of section 20-621a of the 2022 supplement to 1256
1510+the general statutes is repealed and the following is substituted in lieu 1257
1511+thereof (Effective from passage): 1258
1512+(a) As used in this section: [,] (1) ["long-term care pharmacy"] "Long-1259
1513+term care pharmacy" (A) means a pharmacy licensed under section 20-1260
1514+594, or registered as a nonresident pharmacy under section 20-627, that 1261
1515+stores and dispenses legend drugs and legend devices to patients or 1262
1516+residents of licensed nursing homes, rest homes, residential care homes 1263
1517+or other supervised residential facilities and from which related 1264
1518+pharmaceutical care services are provided, and (B) includes pharmacies 1265
1519+located both inside and outside of such facilities but does not include 1266
1520+those that are part of a licensed hospital; [,] (2) "nursing home" has the 1267
1521+same meaning as provided in section 19a-490; [,] and (3) "automated 1268
1522+prescription dispensing machine" has the same meaning as provided in 1269
1523+section 20-571. A long-term care pharmacy may operate an automated 1270
1524+prescription dispensing machine in a nursing home in accordance with 1271
1525+a protocol approved in writing by the Department of Consumer 1272
1526+Protection, until such time as regulations are adopted pursuant to 1273
1527+subsection (b) of this section. The annual fee to operate an automated 1274
1528+prescription dispensing machine shall be one hundred dollars per 1275
1529+machine. 1276
1530+Sec. 33. Section 21a-248 of the general statutes is repealed and the 1277
1531+following is substituted in lieu thereof (Effective from passage): 1278
1532+(a) A licensed manufacturer or wholesaler may sell and dispense 1279
1533+controlled drugs to any of the following-named persons, but in the case 1280
1534+of schedule II drugs only on an official written order or electronically 1281
1535+through the Drug Enforcement Agency's Controlled Substance 1282
1536+Ordering System: (1) To a manufacturer, wholesaler or pharmacist; (2) 1283 Substitute Bill No. 5330
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1542+
1543+to a physician, dentist or veterinarian; (3) to a person in charge of a 1284
1544+hospital, incorporated college or scientific institution, but only for use 1285
1545+by or in that hospital, incorporated college or scientific institution for 1286
1546+medical or scientific purposes; (4) to a person in charge of a laboratory, 1287
1547+but only for use in that laboratory for scientific and medical purposes; 1288
1548+and (5) to any registrant as defined in subdivision (47) of section 21a-1289
1549+240. 1290
1550+(b) A licensed manufacturer or wholesaler may sell controlled drugs 1291
1551+only to registrants when permitted under federal and state laws and 1292
1552+regulations. 1293
1553+(c) An official [written] order for any schedule I or II drug shall be 1294
1554+signed [in triplicate] by the person giving such order or by [his] such 1295
1555+person's authorized agent and [the original] such order shall be 1296
1556+presented to the person who sells or dispenses the drug or drugs named 1297
1557+therein as provided by federal [laws] law. If such order is accepted by 1298
1558+such person, each party to the transaction shall preserve [his] such 1299
1559+party's copy of such order for a period of three years in such a way so 1300
1560+as to be readily accessible for inspection by any public officer or 1301
1561+employee engaged in the enforcement of this chapter. 1302
1562+(d) The manufacturer or wholesaler shall keep records of all sales and 1303
1563+dispensing of controlled drugs and shall comply fully with applicable 1304
1564+provisions of the federal controlled drug laws and the federal food and 1305
1565+drug laws, and the state food, drug and cosmetic laws in such sale or 1306
1566+dispensing of controlled drugs. 1307
1567+(e) Possession or control of controlled drugs obtained as authorized 1308
1568+by this section shall be lawful only if obtained in the regular course of 1309
1569+the business, occupation, profession, employment or duty of the 1310
1570+possessor. 1311
1571+(f) A person in charge of a hospital, incorporated college or scientific 1312
1572+institution, or of a laboratory, or in the employ of this state or of any 1313
1573+other state, or of any political subdivision thereof, and a master or other 1314 Substitute Bill No. 5330
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1579+
1580+proper officer of a ship or aircraft, who obtains controlled drugs under 1315
1581+the provisions of this section or otherwise, shall not administer, or 1316
1582+dispense, or otherwise use such drugs within this state, except within 1317
1583+the scope of [his] such person's, master's or officer's employment or 1318
1584+official duty, and then only for scientific or medicinal purposes or for 1319
1585+the purposes of research or analysis and subject to the provisions of this 1320
1586+chapter. 1321
1587+Sec. 34. Section 28-32 of the general statutes is repealed and the 1322
1588+following is substituted in lieu thereof (Effective from passage): 1323
1589+(a) For purposes of this section and section 28-32a: 1324
1590+(1) (A) "Drugs" means [(A)] (i) substances recognized as drugs in the 1325
1591+official United States Pharmacopoeia, official Homeopathic 1326
1592+Pharmacopoeia of the United States [,] or official National Formulary, 1327
1593+or any supplement to any of said publications, [; (B)] (ii) substances 1328
1594+intended for use in [the diagnosis, cure, mitigation, treatment or 1329
1595+prevention of] curing, diagnosing, mitigating, preventing or treating 1330
1596+disease in [man] humans or other animals, [; (C)] (iii) substances, other 1331
1597+than food, intended to affect the structure or any function of the body of 1332
1598+[man] humans or other animals, [;] and [(D)] (iv) substances intended 1333
1599+for use as a component of any article specified in [subparagraph (A), (B) 1334
1600+or (C)] subparagraph (A)(i), (A)(ii) or (A)(iii) of this subdivision. 1335
1601+(B) "Drugs" does not include devices or their components, parts or 1336
1602+accessories. [;] 1337
1603+(2) (A) "Controlled drugs" means those drugs which contain any 1338
1604+quantity of a substance which has been designated as subject to the 1339
1605+federal Controlled Substances Act, or which has been designated as a 1340
1606+depressant or stimulant drug pursuant to federal food and drug laws, 1341
1607+or which has been designated by the Commissioner of Consumer 1342
1608+Protection pursuant to section 21a-243 as having a stimulant, depressant 1343
1609+or hallucinogenic effect upon the higher functions of the central nervous 1344
1610+system and as having a tendency to promote abuse or psychological or 1345 Substitute Bill No. 5330
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1616+
1617+physiological dependence, or both. Such controlled drugs are 1346
1618+classifiable as amphetamine-type, barbiturate-type, cannabis-type, 1347
1619+cocaine-type, hallucinogenic, morphine-type and other stimulant and 1348
1620+depressant drugs. 1349
1621+(B) "Controlled drugs" does not include alcohol, nicotine or caffeine. 1350
1622+[;] 1351
1623+(3) (A) "Controlled substance" means a drug, substance or immediate 1352
1624+precursor in schedules I to V, inclusive, of the Connecticut controlled 1353
1625+substance scheduling regulations adopted pursuant to section 21a-243. 1354
1626+(B) "Controlled substance" does not include alcohol, nicotine or 1355
1627+caffeine. 1356
1628+(4) "Medical devices" means apparatuses, contrivances and 1357
1629+instruments, including their accessories, components and parts, 1358
1630+intended (A) for use in curing, diagnosing, mitigating, preventing or 1359
1631+treating disease in humans or other animals, or (B) to affect the structure 1360
1632+or any function of the body of humans or other animals. 1361
1633+(b) Upon declaration of an emergency by the Governor or the 1362
1634+Governor's authorized representative having authority to declare 1363
1635+emergencies, a hospital pharmacy, pharmacy or registrant authorized 1364
1636+by state or federal law to be in possession of controlled substances may, 1365
1637+in accordance with applicable federal regulations, policies and 1366
1638+guidelines and with prior approval of the Commissioner of Consumer 1367
1639+Protection, transfer or distribute drugs, [or] controlled drugs or medical 1368
1640+devices to a licensed pharmacy, a registrant authorized by state or 1369
1641+federal law to be in possession of controlled substances, or a location 1370
1642+authorized by the commissioner. Such registrant shall record the 1371
1643+transfer accurately and in compliance with all state and federal statutes 1372
1644+and regulations and shall report the transfer, in writing, to the 1373
1645+commissioner. 1374
1646+Sec. 35. Section 21a-79 of the general statutes is repealed and the 1375
1647+following is substituted in lieu thereof (Effective from passage): 1376 Substitute Bill No. 5330
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1653+
1654+(a) For the purposes of this section: [(1) "consumer commodity" and 1377
1655+"unit of a consumer commodity" have] 1378
1656+(1) "Alcoholic liquor" has the same meaning as provided in section 1379
1657+30-1, as amended by this act; 1380
1658+(2) "Carbonated soft drink container" means an individual, separate 1381
1659+sealed glass, metal or plastic bottle, can, carton or jar containing a 1382
1660+carbonated liquid soft drink that is sold separately or in packages of not 1383
1661+more than twenty-four individual containers; 1384
1662+(3) "Consumer commodity" has the same meaning as provided in 1385
1663+section 21a-73, except that [consumer commodity] "consumer 1386
1664+commodity" does not include alcoholic liquor [, as defined in 1387
1665+subdivision (3) of section 30-1,] or a carbonated soft drink container; [(2) 1388
1666+"carbonated soft drink container" means an individual, separate, sealed 1389
1667+glass, metal or plastic bottle, can, jar or carton containing a carbonated 1390
1668+liquid soft drink sold separately or in packages of not more than twenty-1391
1669+four individual containers; (3) "universal product coding"] 1392
1670+(4) "Electronic pricing system" means a system that utilizes, by means 1393
1671+of a scanner, universal product coding bar codes in combination with a 1394
1672+cash register to record and total a consumer's purchases; 1395
1673+(5) "Electronic shelf labeling system" means an electronic system that 1396
1674+utilizes an electronic device which (A) is attached to a shelf, or at any 1397
1675+other point of sale, immediately above or below an item, (B) clearly and 1398
1676+conspicuously displays to consumers the price and unit price of a 1399
1677+consumer commodity, and (C) reads the same data as an electronic cash 1400
1678+register scanning system; 1401
1679+(6) "End cap display" means a location in a retail sales area that is at 1402
1680+the immediate end of an aisle; 1403
1681+(7) "Unit of a consumer commodity" has the same meaning as 1404
1682+provided in section 21a-73; and 1405 Substitute Bill No. 5330
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1688+
1689+(8) "Universal product coding" means any system of coding that 1406
1690+entails electronic pricing. [; (4) an electronic shelf labeling system is an 1407
1691+electronic system that utilizes an electronic device attached to the shelf 1408
1692+or at any other point of sale, immediately below or above the item, that 1409
1693+conspicuously and clearly displays to the consumer the unit price and 1410
1694+the price of the consumer commodity. Such electronic shelf labeling 1411
1695+system reads the exact same data as the electronic cash register scanning 1412
1696+system; and (5) an electronic pricing system is a system that utilizes the 1413
1697+universal product coding bar code by means of a scanner in combination 1414
1698+with the cash register to record and total a customer's purchases.] 1415
1699+(b) (1) (A) Any person who, or association, corporation, firm [,] or 1416
1700+partnership [, association or corporation] that, [utilizes] uses universal 1417
1701+product coding [in totaling] to total a retail [customer's] consumer's 1418
1702+purchases shall mark, or cause to be marked, each consumer commodity 1419
1703+that bears a [Universal Product Code] universal product code with [its] 1420
1704+such consumer commodity's retail price. 1421
1705+(B) Any person who, or association, corporation, firm [,] or 1422
1706+partnership [, association or corporation] that, [utilizes] uses an 1423
1707+electronic pricing system [in totaling] to total a retail consumer's 1424
1708+purchases shall provide [each] to such consumer [with] an item-by-item 1425
1709+digital display, plainly visible to [the] such consumer as each universal 1426
1710+[pricing] product code is scanned, of the price of each carbonated soft 1427
1711+drink container or consumer commodity, [or carbonated soft drink 1428
1712+container,] or both, which such consumer has selected for purchase [by 1429
1713+such consumer prior to accepting] before such person, association, 1430
1714+corporation, firm or partnership accepts payment from such consumer 1431
1715+for such carbonated soft drink container or consumer commodity, or 1432
1716+[container] both. The provisions of this subparagraph [do] shall not be 1433
1717+construed to apply to any person who, or association, corporation, firm 1434
1718+[,] or partnership [, association or corporation] that, is operating in a 1435
1719+retail sales area of not more than ten thousand square feet. 1436
1720+(2) The provisions of subparagraph (A) of subdivision (1) of this 1437
1721+subsection shall not apply if [:] (A) [The] the Commissioner of Consumer 1438 Substitute Bill No. 5330
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1727+
1728+Protection, by regulation, allows for the [utilization] use of electronic 1439
1729+shelf labeling systems, [;] (B) [a retailer is granted] the commissioner 1440
1730+grants to a person, association, corporation, firm or partnership 1441
1731+approval to [utilize] use an electronic shelf labeling system, [by the 1442
1732+commissioner;] (C) [the retailer has demonstrated] the person, 1443
1733+association, corporation, firm or partnership demonstrates, to the 1444
1734+commissioner's satisfaction, [of the commissioner] that such electronic 1445
1735+shelf labeling system is supported by an electronic pricing system that 1446
1736+[utilizes] uses universal product coding [in totaling] to total a retail 1447
1737+[customer's] consumer's purchases, [;] and (D) [the retailer] such person, 1448
1738+association, corporation, firm or partnership has received the 1449
1739+commissioner's approval for such an electronic pricing system. [by the 1450
1740+commissioner.] 1451
1741+(3) The provisions of subparagraph (A) of subdivision (1) of this 1452
1742+subsection shall not apply to a person, association, corporation, firm or 1453
1743+partnership if [:] (A) [The retailer has met] the conditions [of] established 1454
1744+in subdivision (2) of this subsection have been satisfied, [;] and (B) the 1455
1745+[retailer] person, association, corporation, firm or partnership has 1456
1746+received the Commissioner of Consumer Protection's permission [by the 1457
1747+commissioner] to suspend implementation of the electronic pricing 1458
1748+system for a period, not to exceed thirty days, [in order to allow the 1459
1749+retailer] to enable such person, association, corporation, firm or 1460
1750+partnership, or an agent acting on behalf of [the retailer] such person, 1461
1751+association, corporation, firm or partnership, to [reset,] remodel, repair, 1462
1752+reset or otherwise modify such electronic pricing system at the retail 1463
1753+establishment. 1464
1754+(4) The provisions of subparagraph (A) of subdivision (1) of this 1465
1755+subsection shall not apply to a person, association, corporation, firm or 1466
1756+partnership if [:] (A) [The retailer] the person, association, corporation, 1467
1757+firm or partnership applies for, and [is approved for] the Commissioner 1468
1758+of Consumer Protection approves, an exemption [by the Commissioner 1469
1759+of Consumer Protection] for such person, association, corporation, firm 1470
1760+or partnership, (B) [the retailer] such person, association, corporation, 1471 Substitute Bill No. 5330
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1766+
1767+firm or partnership demonstrates, to the commissioner's satisfaction, [of 1472
1768+the commissioner] that [the retailer] such person, association, 1473
1769+corporation, firm or partnership has achieved price scanner accuracy of 1474
1770+at least ninety-eight per cent, as determined by the latest version of the 1475
1771+National Institute of Standards and Technology Handbook 130, 1476
1772+"Examination Procedures for Price Verification", as adopted by The 1477
1773+National Conference on Weights and Measures, [",] (C) [the retailer] 1478
1774+such person, association, corporation, firm or partnership pays an 1479
1775+application fee, to be used to offset annual inspection costs, of three 1480
1776+hundred fifteen dollars, if the premises consists of less than twenty 1481
1777+thousand square feet of retail space, [and] or six hundred twenty-five 1482
1778+dollars, if the premises consists of at least twenty thousand square feet 1483
1779+[or more] of retail space, (D) [the retailer] such person, association, 1484
1780+corporation, firm or partnership makes available a consumer price test 1485
1781+scanner that is approved by the commissioner and located prominently 1486
1782+in an easily accessible location for each twelve thousand square feet of 1487
1783+retail floor space, or fraction thereof, and (E) price accuracy inspections 1488
1784+resulting in less than ninety-eight per cent price scanner accuracy are 1489
1785+reinspected, without penalty, and [the retailer] such person, association, 1490
1786+corporation, firm or partnership pays a two-hundred-fifty-dollar 1491
1787+reinspection fee. 1492
1788+(5) Notwithstanding any provision of this subsection, consumer 1493
1789+commodities that are offered for sale and [that are] located on an end 1494
1790+cap display within the retail sales area [are] shall not be subject to the 1495
1791+requirements [specified under] established in this subsection, provided 1496
1792+any information that would otherwise have been made available to a 1497
1793+consumer pursuant to this section is clearly and conspicuously posted 1498
1794+on or adjacent to such end cap. [For purposes of this subdivision, "end 1499
1795+cap display" means the location in the retail sales area that is at the 1500
1796+immediate end of an aisle.] 1501
1797+(6) Consumer commodities that are advertised in a publicly 1502
1798+circulated printed form as being offered for sale at a reduced retail price 1503
1799+for a minimum seven-day period need not be individually marked at 1504 Substitute Bill No. 5330
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1806+such reduced retail price, provided such consumer commodities are 1505
1807+individually marked with their regular retail price and a conspicuous 1506
1808+sign [is] adjacent to such consumer commodities [, which sign] discloses 1507
1809+[:] (A) [The] such reduced retail price and [its] the unit price [;] of such 1508
1810+consumer commodities, and (B) a statement disclosing that [the item] 1509
1811+the cashier will [be] electronically [priced] price such consumer 1510
1812+commodities at [the] such reduced price. [by the cashier.] 1511
1813+(7) (A) [If] Except as provided in subparagraph (B) of this 1512
1814+subdivision, if a consumer commodity is offered for sale and [its] the 1513
1815+consumer commodity's electronic price is higher than the posted price, 1514
1816+then one item of such consumer commodity, up to a value of twenty 1515
1817+dollars, shall be given to the consumer at no cost to the consumer. A 1516
1818+conspicuous sign shall adequately disclose to the consumer that in the 1517
1819+event the electronic price is higher than the posted retail price, one item 1518
1820+of such consumer commodity shall be given to the [customer] consumer 1519
1821+at no cost to the consumer. 1520
1822+(B) The provisions of subparagraph (A) of this subdivision shall not 1521
1823+apply to a person, association, corporation, firm or partnership in cases 1522
1824+where the person, association, corporation, firm or partnership (i) 1523
1825+improperly fails to redeem a digital or paper coupon which, if properly 1524
1826+redeemed, would reduce the price of a consumer commodity, or (ii) fails 1525
1827+to remove a sign adjoining a consumer commodity and disclosing a 1526
1828+time-limited reduced price for the consumer commodity after the time 1527
1829+period specified for such reduced price has expired. 1528
1830+(8) If a consumer presents a digital or paper coupon which, if 1529
1831+properly redeemed, would reduce the price of a consumer commodity 1530
1832+and the person, association, corporation, firm or partnership fails to 1531
1833+properly redeem such coupon, such person, association, corporation, 1532
1834+firm or partnership shall provide to the consumer a refund in an amount 1533
1835+that is equal to the value of such coupon. If a person, association, 1534
1836+corporation, firm or partnership offers a consumer commodity for sale 1535
1837+at a reduced price for a specified time period, and a sign disclosing such 1536
1838+reduced price remains adjacent to the consumer commodity following 1537 Substitute Bill No. 5330
1839+
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1843+49 of 84
1844+
1845+expiration of such time period, the person, association, corporation, firm 1538
1846+or partnership shall only require a consumer to pay the reduced price 1539
1847+disclosed in such sign for such consumer commodity. 1540
1848+(c) (1) The Commissioner of Consumer Protection may adopt 1541
1849+regulations, in accordance with the provisions of chapter 54, concerning 1542
1850+the marking of prices, and use of universal product coding, on each unit 1543
1851+of a consumer commodity. 1544
1852+(2) The Commissioner of Consumer Protection may adopt 1545
1853+regulations, in accordance with the provisions of chapter 54, designating 1546
1854+not more than twelve consumer commodities that need not be marked 1547
1855+in accordance with the provisions of subdivision (1) of subsection (b) of 1548
1856+this section and specifying the method of providing adequate disclosure 1549
1857+to consumers to [insure] ensure that the electronic pricing of the 1550
1858+designated consumer commodities is accurate. The commissioner may 1551
1859+also establish, by regulation, methods to protect consumers against 1552
1860+electronic pricing errors of such designated consumer commodities and 1553
1861+to [insure] ensure that the electronic prices of such designated consumer 1554
1862+commodities are accurate. Among the methods that the commissioner 1555
1863+may consider are conditions similar to those set forth in subdivision (5) 1556
1864+of subsection (b) of this section. 1557
1865+(d) The Commissioner of Consumer Protection, after providing 1558
1866+notice and conducting a hearing in accordance with the provisions of 1559
1867+chapter 54, may issue a warning citation to, or impose a civil penalty of 1560
1868+not more than one hundred dollars for the first offense and not more 1561
1869+than five hundred dollars for each subsequent offense on, any person [,] 1562
1870+who, or association, corporation, firm [,] or partnership [, association or 1563
1871+corporation] that, violates any provision of subsection (b) of this section, 1564
1872+or any regulation adopted pursuant to subsection (c) of this section. Any 1565
1873+person who, or association, corporation, firm [,] or partnership [, 1566
1874+association or corporation] that, violates any provision of subsection (b) 1567
1875+of this section, or any regulation adopted pursuant to subsection (c) of 1568
1876+this section, shall be fined not more than two hundred dollars for the 1569
1877+first offense and not more than one thousand dollars for each 1570 Substitute Bill No. 5330
1878+
1879+
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1882+50 of 84
1883+
1884+subsequent offense. Each violation with respect to all units of a 1571
1885+particular consumer commodity on any single day shall be deemed a 1572
1886+single offense. 1573
1887+Sec. 36. Section 21a-79b of the general statutes is repealed and the 1574
1888+following is substituted in lieu thereof (Effective from passage): 1575
1889+(a) For the purposes of this section, "consumer commodity" has the 1576
1890+same meaning as provided in section [21a-73, except that "consumer 1577
1891+commodity" does not include alcoholic liquor, as defined in subdivision 1578
1892+(3) of section 30-1, or a carbonated soft drink container] 21a-79, as 1579
1893+amended by this act. 1580
1894+(b) (1) Notwithstanding the provisions of section 21a-79, as amended 1581
1895+by this act, and except as provided in subdivision (2) of this subsection, 1582
1896+if a retailer offers to a consumer a consumer commodity, including, but 1583
1897+not limited to, [fruits] any fruit or [vegetables] vegetable weighed at the 1584
1898+point of sale, [is offered for sale by a retailer] and [its] the price of the 1585
1899+consumer commodity to the consumer at the point of sale is [higher] 1586
1900+greater than the [posted or] advertised or posted retail price for such 1587
1901+consumer commodity, [then] such retailer shall give such consumer 1588
1902+commodity [, up to a value of twenty dollars, shall be given] to [the] 1589
1903+such consumer, at no cost to such consumer, if the value of such 1590
1904+consumer commodity is not more than twenty dollars. [A conspicuous] 1591
1905+Retailers shall post a sign, [shall] in a conspicuous location, which 1592
1906+adequately [disclose] discloses to [the consumer] consumers that in the 1593
1907+event [such] the retail price of a consumer commodity is [higher] greater 1594
1908+than the [posted or] advertised or posted retail price [,] for the consumer 1595
1909+commodity, the retailer shall give such consumer commodity [shall be 1596
1910+given] to the [customer] consumer at no cost to the consumer. 1597
1911+(2) The provisions of subdivision (1) of this subsection shall not apply 1598
1912+to a retailer if the retailer (A) improperly fails to redeem a digital or 1599
1913+paper coupon which, if properly redeemed, would reduce the price of a 1600
1914+consumer commodity, or (B) fails to remove a sign adjoining a consumer 1601
1915+commodity and disclosing a time-limited reduced price for the 1602 Substitute Bill No. 5330
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1920+51 of 84
1921+
1922+consumer commodity after the time period specified for such reduced 1603
1923+price has expired. 1604
1924+(c) Notwithstanding the provisions of section 21-79 and except as 1605
1925+provided in subsection (b) of this section, if a consumer presents a 1606
1926+digital or paper coupon which, if properly redeemed, would reduce the 1607
1927+price of a consumer commodity, including, but not limited to, any fruit 1608
1928+or vegetable weighed at the point of sale, and the retailer fails to 1609
1929+properly redeem such coupon, such retailer shall provide to the 1610
1930+consumer a refund in an amount that is equal to the value of such 1611
1931+coupon. If a retailer offers a consumer commodity, including, but not 1612
1932+limited to, any fruit or vegetable weighed at the point of sale, for sale at 1613
1933+a reduced price for a specified time period, and a sign disclosing such 1614
1934+reduced price remains adjacent to the consumer commodity after 1615
1935+expiration of such time period, the retailer shall only require a consumer 1616
1936+to pay the reduced price disclosed in such sign for such consumer 1617
1937+commodity. 1618
1938+[(c)] (d) The Commissioner of Consumer Protection, after providing 1619
1939+notice and conducting a hearing in accordance with the provisions of 1620
1940+chapter 54, may issue a warning citation to, or impose a civil penalty of 1621
1941+not more than one hundred dollars for the first offense and not more 1622
1942+than five hundred dollars for each subsequent offense on, any person 1623
1943+who, or association, corporation, firm [,] or partnership [, association or 1624
1944+corporation] that, violates any provision of subsection (b) or (c) of this 1625
1945+section. Each violation with respect to all units of a particular consumer 1626
1946+commodity on any single day shall be deemed a single offense. 1627
1947+[(d)] (e) The provisions of this section do not apply to any person, 1628
1948+association, corporation, firm [,] or partnership [, association or 1629
1949+corporation] operating in a retail sales area of not more than ten 1630
1950+thousand square feet. 1631
1951+Sec. 37. Section 42-133ff of the general statutes is repealed and the 1632
1952+following is substituted in lieu thereof (Effective from passage): 1633 Substitute Bill No. 5330
1953+
1954+
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1957+52 of 84
1958+
1959+(a) For the purposes of this section: 1634
1960+(1) (A) "Agent" (i) means any person who (I) arranges for the 1635
1961+distribution of services by another person, or (II) leases, rents or sells 1636
1962+tangible or intangible personal, real or mixed property, or any other 1637
1963+article, commodity or thing of value, on behalf of another person, and 1638
1964+(ii) includes, but is not limited to, (I) any person who is duly appointed 1639
1965+as an agent by a common carrier, (II) any person who sells 1640
1966+transportation, travel or vacation arrangements on behalf of another 1641
1967+person who is engaged in the business of furnishing transportation, 1642
1968+travel or vacation services, and (III) any member of a cruise line 1643
1969+association that operates exclusively as an agent for cruise lines to sell 1644
1970+cruise travel products or services. 1645
1971+(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a 1646
1972+common carrier, or (iii) any person engaged in the business of 1647
1973+furnishing transportation, travel or vacation services. 1648
1974+(2) "Charge card" (A) means any card, device or instrument that (i) is 1649
1975+issued, with or without a fee, to a holder and requires the holder to pay 1650
1976+the full outstanding balance due on such card, device or instrument at 1651
1977+the end of each standard billing cycle established by the issuer of such 1652
1978+card, device or instrument, and (ii) may be used by the holder in a 1653
1979+transaction to receive services or lease, purchase or rent tangible or 1654
1980+intangible personal, real or mixed property, or any other article, 1655
1981+commodity or thing of value, and (B) includes, but is not limited to, any 1656
1982+software application that (i) is used to store a digital form of such card, 1657
1983+device or instrument, and (ii) may be used in a transaction to receive 1658
1984+such services or lease, purchase or rent any such property, article, 1659
1985+commodity or thing. 1660
1986+(3) "Credit card" (A) means any card, device or instrument that (i) is 1661
1987+issued, with or without a fee, to a holder, and (ii) may be used by the 1662
1988+holder in a transaction to receive services or lease, purchase or rent 1663
1989+tangible or intangible personal, real or mixed property, or any other 1664
1990+article, commodity or thing of value on credit, regardless of whether 1665 Substitute Bill No. 5330
1991+
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1995+53 of 84
1996+
1997+such card, device or instrument is known as a credit card, credit plate or 1666
1998+by any other name, and (B) includes, but is not limited to, any software 1667
1999+application that (i) is used to store a digital form of such card, device or 1668
2000+instrument, and (ii) may be used in a transaction to receive such services 1669
2001+or lease, purchase or rent any such property, article, commodity or thing 1670
2002+on credit. 1671
2003+(4) (A) "Debit card" (i) means any card, code, device or other means 1672
2004+of access, or any combination thereof, that (I) is authorized or issued for 1673
2005+use to debit an asset account held, directly or indirectly, by a financial 1674
2006+institution, and (II) may be used in a transaction to receive services or 1675
2007+lease, purchase or rent tangible or intangible personal, real or mixed 1676
2008+property, or any other article, commodity or thing of value regardless of 1677
2009+whether such card, code, device, means or combination is known as a 1678
2010+debit card, and (ii) includes, but is not limited to, (I) any software 1679
2011+application that is used to store a digital form of such card, code, device 1680
2012+or other means of access, or any combination thereof, that may be used 1681
2013+in a transaction to receive such services or lease, purchase or rent any 1682
2014+such property, article, commodity or thing, and (II) any cards, codes, 1683
2015+devices or other means of access, or any combination thereof, commonly 1684
2016+known as automated teller machine cards and payroll cards. 1685
2017+(B) "Debit card" does not mean (i) a check, draft or similar paper 1686
2018+instrument, or (ii) any electronic representation of such check, draft or 1687
2019+instrument. 1688
2020+(5) "Person" means any natural person, corporation, incorporated or 1689
2021+unincorporated association, limited liability company, partnership, 1690
2022+trust or other legal entity. 1691
2023+(6) "Surcharge" means any additional charge or fee that increases the 1692
2024+total amount of a transaction for the privilege of using a particular form 1693
2025+of payment. 1694
2026+(7) (A) "Transaction" means distribution by one person to another 1695
2027+person of any service, or the lease, rental or sale by one person of any 1696 Substitute Bill No. 5330
2028+
2029+
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2032+54 of 84
2033+
2034+tangible or intangible personal, real or mixed property, or any other 1697
2035+article, commodity or thing of value to another person, for a certain 1698
2036+price. 1699
2037+(B) "Transaction" does not mean payment of any (i) fees, costs, fines 1700
2038+or other charges to a state agency authorized by the Secretary of the 1701
2039+Office of Policy and Management under section 1-1j, (ii) taxes, penalties, 1702
2040+interest and fees allowed by the Commissioner of Revenue Services in 1703
2041+accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or 1704
2042+other charges, to a municipality in accordance with section 12-141a, (iv) 1705
2043+fees, costs, fines or other charges to the Judicial Branch in accordance 1706
2044+with section 51-193b, or (v) sum pursuant to any other provision of the 1707
2045+general statutes or regulation of Connecticut state agencies. 1708
2046+[(a)] (b) No [seller] person may impose a surcharge [on a buyer who 1709
2047+elects to use any method of payment, including, but not limited to, cash, 1710
2048+check, credit card or electronic means, in] on any [sales] transaction. 1711
2049+[(b) Any seller who accepts or offers to accept a bank credit card 1712
2050+bearing a trade name as a means of payment shall accept any bank credit 1713
2051+card bearing such trade name presented by a cardholder, 1714
2052+notwithstanding the identity of the card issuer. For the purposes of this 1715
2053+subsection, "bank credit card" means any credit card issued by a bank, 1716
2054+savings bank, savings and loan association or credit union.] 1717
2055+(c) (1) Nothing in this section shall prohibit any [seller] person from 1718
2056+offering a discount [to a buyer] on any transaction to induce [such buyer 1719
2057+to pay] payment by cash, check, debit card [, check] or similar means 1720
2058+rather than by charge card or credit card. No person may offer any such 1721
2059+discount unless such person posts a notice disclosing such discount. 1722
2060+Such person shall clearly and conspicuously (A) post such notice on 1723
2061+such person's premises if such person conducts transactions in-person, 1724
2062+(B) display such notice on the Internet web site or digital payment 1725
2063+application before completing any online transaction or transaction that 1726
2064+is processed by way of such digital payment application, and (C) 1727
2065+verbally provide such notice before completing any oral transaction, 1728 Substitute Bill No. 5330
2066+
2067+
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2070+55 of 84
2071+
2072+including, but not limited to, any telephonic transaction. 1729
2073+(2) In furtherance of the legislative findings contained in section 42-1730
2074+133j, no existing or future agreement or contract [or agreement] shall 1731
2075+prohibit a gasoline distributor or retailer [or distributor] from offering a 1732
2076+discount to a buyer based upon the method [of payment by] such buyer 1733
2077+uses to pay for such gasoline. Any provision in such [contract or] 1734
2078+agreement or contract prohibiting such [retailer or] distributor or 1735
2079+retailer from offering such discount is void and without effect [as] 1736
2080+because such provision is contrary to public policy. 1737
2081+[(d) Nothing in this section shall prohibit any seller from conditioning 1738
2082+acceptance of a credit card on a buyer's minimum purchase. Each seller 1739
2083+shall disclose any such minimum purchase policy orally or in writing at 1740
2084+the point of purchase. For the purposes of this subsection, "at the point 1741
2085+of purchase" includes, but is not limited to, at or on a cash register and 1742
2086+in an advertisement or menu. 1743
2087+(e) No provider of travel services may impose a surcharge on or 1744
2088+reduce the commission paid to a travel agent who acts as an agent for 1745
2089+such provider if the buyer uses a credit card to purchase such provider's 1746
2090+travel services. A violation of any provision of this subsection shall be 1747
2091+deemed an unfair or deceptive trade practice under subsection (a) of 1748
2092+section 42-110b. As used in this subsection, "provider of travel services" 1749
2093+means a person, firm or corporation engaged in the business of 1750
2094+furnishing travel, transportation or vacation services, but does not 1751
2095+include a travel agent, and "travel agent" means a person, firm, 1752
2096+corporation or other entity that (1) is (A) a duly appointed agent of a 1753
2097+common carrier, or (B) a member of a cruise line association and 1754
2098+operates exclusively as an agent for cruise lines in the sale of cruise 1755
2099+travel products or services, and (2) offers or sells travel, transportation 1756
2100+or vacation arrangements as an agent for a provider of travel services, 1757
2101+but does not include a common carrier or an employee of a common 1758
2102+carrier.] 1759
2103+(d) No person shall condition acceptance of a charge card or credit 1760 Substitute Bill No. 5330
2104+
2105+
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2108+56 of 84
2109+
2110+card for a transaction on a requirement that the transaction be in a 1761
2111+minimum amount unless such person discloses such requirement. Such 1762
2112+person shall clearly and conspicuously (1) post such notice on such 1763
2113+person's premises if such person conducts transactions in-person, (2) 1764
2114+display such notice on the Internet web site or digital payment 1765
2115+application before completing any online transaction or transaction 1766
2116+processed by way of such digital payment application, and (3) verbally 1767
2117+provide such notice before completing any oral transaction, including, 1768
2118+but not limited to, any telephonic transaction. 1769
2119+(e) No person may reduce the amount of any commission paid to an 1770
2120+agent for such person in a transaction because a charge card or credit 1771
2121+card was used to provide payment as part of such transaction. 1772
2122+(f) A violation of any provision of this section shall be deemed an 1773
2123+unfair or deceptive trade practice under subsection (a) of section 42-1774
2124+110b. The Commissioner of Consumer Protection may impose an 1775
2125+additional civil penalty for any violation of this section. The amount of 1776
2126+such additional civil penalty shall not exceed five hundred dollars per 1777
2127+violation. Payments of such additional civil penalty shall be deposited 1778
2128+in the consumer protection enforcement account established in section 1779
2129+21a-8a. 1780
2130+(g) The Commissioner of Consumer Protection may adopt 1781
2131+regulations, in accordance with the provisions of chapter 54, to 1782
2132+implement the provisions of this section. 1783
2133+Sec. 38. (NEW) (Effective July 1, 2022) Any contractor who is licensed 1784
2134+under chapter 393 of the general statutes and engaged to perform work 1785
2135+on a private residence, and any person who owns or controls a business 1786
2136+that is engaged to perform work on, or render services concerning, a 1787
2137+private residence through persons licensed under chapter 393 of the 1788
2138+general statutes to perform such work or render such services, shall 1789
2139+include in the invoice or work order for such work or services, provided 1790
2140+such invoice or work order is not signed by the consumer and therefore 1791
2141+may constitute a contract, when complete: (1) The full legal name and 1792 Substitute Bill No. 5330
2142+
2143+
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2146+57 of 84
2147+
2148+license number of such licensed contractor or the licensed contractor of 1793
2149+record for such business for such work or services, which licensed 1794
2150+contractor or licensed contractor of record is liable for the work of any 1795
2151+individual who performs work on such contractor's behalf related to the 1796
2152+invoiced work or services; (2) such licensed contractor's address or, in 1797
2153+the case of a business, the business's address and phone number; (3) a 1798
2154+description of such work or services; (4) the labor and material costs of 1799
2155+such work or services; (5) the date or dates on which such work was 1800
2156+performed or services were rendered; and (6) the complete name of each 1801
2157+licensee who performed such work or rendered such services. For the 1802
2158+purposes of this section, "private residence" has the same meaning as 1803
2159+provided in section 20-419 of the general statutes. 1804
2160+Sec. 39. Section 16a-17 of the general statutes is repealed and the 1805
2161+following is substituted in lieu thereof (Effective from passage): 1806
2162+(a) As used in this section and sections [16a-17] 16a-18 to 16a-20, 1807
2163+inclusive: 1808
2164+[(1) "Fuel" includes electricity, natural gas, petroleum products, coal 1809
2165+and coal products, wood fuels, radioactive materials and any other 1810
2166+resource yielding energy;] 1811
2167+[(2)] (1) "Creating a fuel shortage" means the diminution by 1812
2168+contrivance or artificial means of the supply of fuel to a point below that 1813
2169+needed to meet consumer demands adequately; [.] and 1814
2170+(2) "Fuel" includes coal and coal products, electricity, natural gas, 1815
2171+petroleum products, radioactive materials, wood fuels and any other 1816
2172+resource yielding energy. 1817
2173+(b) As used in sections 16a-21, as amended by this act, 16a-22a and 1818
2174+16a-22k: 1819
2175+(1) "Associated equipment" means a gas line, gas regulator, [gas line,] 1820
2176+sacrificial anode, interconnecting hardware and [such] any other 1821
2177+equipment that is necessary [for the installation and operation of] to 1822 Substitute Bill No. 5330
2178+
2179+
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2182+58 of 84
2183+
2184+install and operate a propane tank; 1823
2185+(2) "Automatic delivery" means the delivery of heating fuel to a 1824
2186+consumer by a dealer [pursuant to] under a system determined by the 1825
2187+dealer of calculating the consumer's heating fuel needs [of the 1826
2188+consumer,] based on the consumer's [consumption of] heating fuel 1827
2189+consumption; 1828
2190+(3) "Cash" (A) means [legal tender,] a certified or cashier's check, 1829
2191+commercial money order, legal tender or equivalent of such [legal 1830
2192+tender,] check, [or] money order [. Cash also] or legal tender, and (B) 1831
2193+includes a guaranteed payment on behalf of a consumer by a 1832
2194+government or community action agency, provided no discount is taken 1833
2195+for the charge as billed; 1834
2196+(4) "Commissioner" means the Commissioner of Consumer 1835
2197+Protection; 1836
2198+(5) "Consumer" means a direct purchaser of heating fuel from a 1837
2199+heating fuel dealer [, when such fuel is the primary source of heat for 1838
2200+residential heating or domestic hot water to] for one or more dwelling 1839
2201+units within a structure having not more than four dwelling units; 1840
2202+(6) "Gallon" means an accepted unit of measure consisting of two 1841
2203+hundred thirty-one cubic inches, for all liquid or gaseous heating fuel, 1842
2204+subject to modifications allowed under regulations adopted pursuant to 1843
2205+section 43-42; 1844
2206+(7) "Heating fuel" means any petroleum-based fuel, including any 1845
2207+petroleum product regulated pursuant to chapter 250, used as the 1846
2208+primary source of residential heating or domestic hot water; [, including 1847
2209+petroleum products regulated pursuant to chapter 250;] 1848
2210+(8) "Heating fuel dealer" or "dealer" means any individual or group 1849
2211+of individuals who, or a cooperative, corporation, firm, limited liability 1850
2212+company or partnership [, corporation, cooperative or limited liability 1851
2213+company] that, offers [the retail sale of] to sell, at retail, heating fuel to a 1852 Substitute Bill No. 5330
2214+
2215+
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2218+59 of 84
2219+
2220+consumer; 1853
2221+(9) "Lessee" means a natural person who rents or leases personal 1854
2222+property under a consumer rental or lease agreement; 1855
2223+(10) "Lessor" means a heating fuel dealer who regularly provides the 1856
2224+use of personal property through consumer rental or lease agreements 1857
2225+and to whom rent is paid at a fixed interval for the use of such property; 1858
2226+(11) "Notice of termination of automatic delivery" means a notice by 1859
2227+a consumer to a dealer providing automatic delivery in which the 1860
2228+consumer requests that the dealer [to] terminate such automatic 1861
2229+delivery; and 1862
2230+(12) "Purchase price" or "commercially reasonable price" means a 1863
2231+price that does not exceed the fair market value of [the] a propane tank 1864
2232+and associated equipment, as applicable. 1865
2233+Sec. 40. Subsection (b) of section 16a-21 of the general statutes is 1866
2234+repealed and the following is substituted in lieu thereof (Effective from 1867
2235+passage): 1868
2236+(b) If a consumer complaint is being mediated or investigated by the 1869
2237+commissioner, the heating fuel dealer, if it owns the tank and has 1870
2238+exclusive fill requirements, may not deny the consumer deliveries of 1871
2239+heating fuel, [from October first to March thirty-first, inclusive,] or fuel 1872
2240+for cooking or power generation, because of the existence of the 1873
2241+mediation or investigation, provided the heating fuel dealer remains the 1874
2242+exclusive supplier of [heating] such fuel and the consumer pays cash for 1875
2243+such fuel upon delivery. 1876
2244+Sec. 41. Subsection (a) of section 16a-23m of the general statutes is 1877
2245+repealed and the following is substituted in lieu thereof (Effective from 1878
2246+passage): 1879
2247+(a) As used in this section, sections 16a-23n to 16a-23s, inclusive, and 1880
2248+section 16a-23v: 1881 Substitute Bill No. 5330
2249+
2250+
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2253+60 of 84
2254+
2255+(1) "Budget plan" means a type of contract offering heating fuel [,] 1882
2256+that may be paid for in advance of, on or after delivery and is paid for 1883
2257+in not less than three installment payments over a period of at least one 1884
2258+hundred twenty days, [or more,] provided the amount required to be 1885
2259+paid as the first payment under such contract is not greater than fifty 1886
2260+per cent of the remaining amount due under [the plan] such contract; 1887
2261+(2) "Capped price plan" means [an agreement where] a contract 1888
2262+which provides that the cost to the consumer [of] for heating fuel shall 1889
2263+not increase above a specified price per gallon and the consumer shall 1890
2264+pay less than [the] such specified price under circumstances specified in 1891
2265+such contract; 1892
2266+(3) "Commissioner" means the Commissioner of Consumer 1893
2267+Protection; 1894
2268+(4) "Consumer" means a direct purchaser of heating fuel from a 1895
2269+heating fuel dealer [, when such fuel is the primary source of heating 1896
2270+fuel for residential heating or domestic hot water to] for one or more 1897
2271+dwelling units within a structure having not more than four dwelling 1898
2272+units; 1899
2273+(5) "Forwards contract" means an agreement between two parties to 1900
2274+buy or sell an asset at a certain future time for a certain price; 1901
2275+(6) "Futures contract" means a standardized, transferable, exchange-1902
2276+traded agreement that requires delivery of heating fuel at a specified 1903
2277+price on a specified future date; 1904
2278+(7) "Gallon" means an accepted unit of measure consisting of two 1905
2279+hundred thirty-one cubic inches, for all liquid or gaseous heating fuel, 1906
2280+subject to modifications allowed under regulations adopted pursuant to 1907
2281+section 43-42; 1908
2282+(8) "Guaranteed price plan", also known as "guaranteed plan", "fixed 1909
2283+price", "full price", "lock in", "capped", "price cap", or other similar 1910
2284+terminology, when used to describe a contract, means a type of contract 1911 Substitute Bill No. 5330
2285+
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2289+61 of 84
2290+
2291+that is not paid in advance of delivery, offering heating fuel at a 1912
2292+guaranteed future price or at a maximum future price; 1913
2293+(9) "Heating fuel" means any petroleum-based fuel, including any 1914
2294+petroleum product regulated pursuant to chapter 250, used as a primary 1915
2295+source of residential heating or domestic hot water; [, including 1916
2296+petroleum products regulated pursuant to chapter 250;] 1917
2297+(10) "Heating fuel dealer" or "dealer" means any individual or group 1918
2298+of individuals who, or a [firm, partnership, corporation,] cooperative, 1919
2299+[or] corporation, firm, limited liability company or partnership that, 1920
2300+offers [the retail sale of] to sell, at retail, heating fuel to consumers; 1921
2301+(11) "Heating oil" means a [predominantly liquefied] petroleum 1922
2302+product, including a petroleum product known as #1 oil (kerosene), #2 1923
2303+oil (heating oil), #4 oil, bio fuel or any bio fuel blended with 1924
2304+conventionally refined fossil fuel commodities, that (A) is 1925
2305+predominantly liquid at ambient temperatures, [that is] (B) is sold as a 1926
2306+commodity, [and] (C) is a primary source of residential heating or 1927
2307+domestic hot water, [including products known as #2 oil (heating oil), 1928
2308+#1 oil (kerosene), #4 oil, bio fuels, or any bio fuel blended with 1929
2309+conventionally refined fossil fuel commodities] and [that] (D) meets the 1930
2310+requirements of the American Society for Testing and Materials 1931
2311+Standard D396, as amended from time to time; 1932
2312+(12) "Maintain" means retention of the balance, measured in gallons 1933
2313+or other accepted units of measure, of heating fuel that remains to be 1934
2314+delivered to consumers who are party to a guaranteed price plan 1935
2315+contract; 1936
2316+(13) "Physical supply contract" means an agreement for wet barrels 1937
2317+or gallons of heating fuel that [has been] is secured by a heating fuel 1938
2318+dealer; 1939
2319+(14) "Prepaid guaranteed price plan", also known as "buy ahead", 1940
2320+"prebuy", "prebought" or other similar terminology, when used to 1941
2321+describe a contract, means a type of contract offering heating fuel at a 1942 Substitute Bill No. 5330
2322+
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2326+62 of 84
2327+
2328+guaranteed price, paid for in advance of delivery, but does not include 1943
2329+a budget plan; 1944
2330+(15) "Propane" or "liquefied petroleum gas (LPG)" means a petroleum 1945
2331+product that (A) meets [ASTM] American Society for Testing and 1946
2332+Materials specification D1835, as amended from time to time, [and] (B) 1947
2333+is composed predominantly of [any of the following hydrocarbons or 1948
2334+mixtures thereof: Propane, propylene,] butanes (normal butane or 1949
2335+isobutane), [and] butylenes, propane, propylene or any mixture thereof, 1950
2336+and (C) is intended for use, among other things, as a fuel for residential 1951
2337+heating; and 1952
2338+(16) "Surety bond" means a bond, issued by a licensed insurance 1953
2339+company or banking institution, as surety for a dealer and obligating 1954
2340+[the] surety to the commissioner, in a sum certain, in guaranty of the 1955
2341+dealer's full and faithful performance [by the dealer] of prepaid 1956
2342+guaranteed price plan contracts entered into pursuant to this chapter. 1957
2343+Sec. 42. Section 16a-23o of the general statutes is repealed and the 1958
2344+following is substituted in lieu thereof (Effective from passage): 1959
2345+Any person, firm or corporation required to register as a [home 1960
2346+heating oil or propane gas] heating fuel dealer pursuant to section 16a-1961
2347+23m, as amended by this act, that offers plumbing or heating work 1962
2348+service shall submit evidence, deemed satisfactory by the Commissioner 1963
2349+of Consumer Protection, when registering, that such person, firm or 1964
2350+corporation subcontracts with or employs only persons licensed or 1965
2351+registered pursuant to chapter 393 to perform such work. Such person, 1966
2352+firm or corporation shall attest, when applying for registration as a 1967
2353+heating fuel dealer pursuant to section 16a-23m, as amended by this act, 1968
2354+that all plumbing or heating work service shall be performed in 1969
2355+accordance with the provisions of chapter 393. Anyone registered under 1970
2356+this section who offers such plumbing or heating services shall display 1971
2357+the state license number of the subcontractor or employee performing 1972
2358+such work for the registrant on all commercial vehicles used in their 1973
2359+business and shall display such number in a conspicuous manner on all 1974 Substitute Bill No. 5330
2360+
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2365+
2366+printed advertisements, bid proposals, contracts, invoices and 1975
2367+stationery used in the business. 1976
2368+Sec. 43. Section 20-334d of the general statutes is repealed and the 1977
2369+following is substituted in lieu thereof (Effective from passage): 1978
2370+(a) As used in this section: 1979
2371+(1) "Accredited continuing professional education" means any 1980
2372+education of an electrician or plumber that is (A) designed to maintain 1981
2373+professional competence in the [pursuit,] practice, pursuit and 1982
2374+standards of electrical work or plumbing and piping work, [and that is] 1983
2375+(B) approved by the commissioner, and [is] (C) provided (i) by an 1984
2376+agency, institution or organization [, institution or agency that is] that 1985
2377+has been approved by the commissioner, and (ii) in-person or through 1986
2378+an online technology platform that includes real-time video with audio, 1987
2379+requires participants to periodically confirm their active engagement 1988
2380+during the educational training session and enables participants to 1989
2381+interact with instructors in real time during the entire educational 1990
2382+training session; 1991
2383+(2) "Certificate of continuing education" means a document [issued to 1992
2384+an electrician or plumber by an organization, institution or agency] that 1993
2385+(A) an agency, institution or organization that has been approved by the 1994
2386+commissioner [that] and offers accredited continuing professional 1995
2387+education [, which (A)] issues to an electrician or plumber, (B) certifies 1996
2388+that an electrician or plumber has satisfactorily completed a specified 1997
2389+number of continuing education hours, and [(B)] (C) bears the (i) name 1998
2390+of such agency, institution or organization, [institution or agency, the] 1999
2391+(ii) title of the program, [the] (iii) dates during which the program was 2000
2392+conducted, [the] (iv) number of continuing education hours 2001
2393+satisfactorily completed, and [the] (v) signature of the director of such 2002
2394+[organization, institution or agency or the signature of the] agency, 2003
2395+institution or organization or of such director's authorized agent; and 2004
2396+(3) "Commissioner" means the Commissioner of Consumer 2005 Substitute Bill No. 5330
2397+
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2402+
2403+Protection. 2006
2404+(b) The commissioner, with the advice and assistance of the Electrical 2007
2405+Work Board established pursuant to subsection (b) of section 20-331, 2008
2406+shall adopt regulations, in accordance with chapter 54, to: (1) [establish] 2009
2407+Establish additional requirements for accredited continuing 2010
2408+professional education for electricians licensed pursuant to sections 20-2011
2409+330 to 20-341, inclusive; (2) establish qualifying criteria for accredited 2012
2410+continuing professional education programs and establish qualifying 2013
2411+criteria for acceptable certificates of continuing education; and (3) 2014
2412+provide for the waiver of required accredited continuing professional 2015
2413+education for electricians for good cause. Such regulations shall require 2016
2414+not less than four hours per year of accredited continuing professional 2017
2415+education for such electricians, except upon request of the Electrical 2018
2416+Work Board, the commissioner may increase such hours to a maximum 2019
2417+of seven hours. 2020
2418+(c) The commissioner, with the advice and assistance of the Plumbing 2021
2419+and Piping Work Board established pursuant to subsection (d) of section 2022
2420+20-331, shall adopt regulations, in accordance with chapter 54, to: (1) 2023
2421+[establish] Establish additional requirements for accredited continuing 2024
2422+professional education for plumbers licensed pursuant to sections 20-2025
2423+330 to 20-341, inclusive, which regulations shall require not more than a 2026
2424+total of seven hours of accredited continuing professional education 2027
2425+every two years, except in the event of significant changes to the 2028
2426+building code, as approved by the International Code Council, that 2029
2427+relate to plumbing, the commissioner, at such commissioner's 2030
2428+discretion, may require more than a total of seven hours of accredited 2031
2429+continuing professional education every two years; (2) establish 2032
2430+qualifying criteria for accredited continuing professional education 2033
2431+programs and establish qualifying criteria for acceptable certificates of 2034
2432+continuing education; and (3) provide for the waiver of required 2035
2433+accredited continuing professional education for plumbers for good 2036
2434+cause. 2037
2435+(d) Notwithstanding the provisions of subsection (c) of this section, 2038 Substitute Bill No. 5330
2436+
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2440+65 of 84
2441+
2442+any person who has been issued a P-6, P-7, W-8 or W-9 license pursuant 2039
2443+to section 20-334a and the regulations of Connecticut state agencies shall 2040
2444+not be required to meet the continuing education requirements 2041
2445+established pursuant to subsection (c) of this section. 2042
2446+(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 2043
2447+of this section, all accredited continuing professional education offered 2044
2448+under the provisions of this section shall: (1) Limit class size to (A) fifty 2045
2449+attendees if such accredited continuing professional education is offered 2046
2450+in-person, or (B) twenty-five attendees if such accredited continuing 2047
2451+professional education is offered through an online technology 2048
2452+platform; (2) not be offered or held at the place of business of a licensed 2049
2453+plumbing contractor if such accredited continuing professional 2050
2454+education is for plumbers and offered in-person; and (3) not be offered 2051
2455+or held at the place of business of a licensed electrical contractor if such 2052
2456+accredited continuing professional education is for electricians and 2053
2457+offered in-person. A provider of an accredited continuing professional 2054
2458+education course shall retain an audio-visual recording of such course 2055
2459+for a period of not less than thirty days after completion of such course. 2056
2460+Recordings shall be made available to the department upon the 2057
2461+department's request for such recordings. 2058
2462+Sec. 44. Section 20-500 of the 2022 supplement to the general statutes 2059
2463+is repealed and the following is substituted in lieu thereof (Effective from 2060
2464+passage): 2061
2465+As used in this section and sections [20-500] 20-501 to 20-529e, 2062
2466+inclusive, unless the context otherwise requires: 2063
2467+(1) "Appraisal" means the practice of developing, in conformance 2064
2468+with the USPAP, an opinion of the value of real property. [, in 2065
2469+conformance with the USPAP.] 2066
2470+(2) "Appraisal Foundation" means the not-for-profit corporation 2067
2471+referred to in Section 1121 of Title XI of FIRREA. 2068
2472+(3) "Appraisal management company" means any person, 2069 Substitute Bill No. 5330
2473+
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2477+66 of 84
2478+
2479+[partnership,] association, corporation, limited liability company or 2070
2480+[corporation] partnership that performs appraisal management 2071
2481+services, [. "Appraisal management company"] but does not include: 2072
2482+(A) An appraiser that enters into [a] an oral or written [or oral] 2073
2483+agreement with another appraiser for the performance of an appraisal, 2074
2484+which is signed by both appraisers upon completion; 2075
2485+(B) An appraisal management company that is a subsidiary owned 2076
2486+and controlled by a financial institution regulated by a federal financial 2077
2487+institution regulatory agency; [. For the purposes of this subdivision, 2078
2488+"financial institution" means a bank, as defined in section 36a-2, an out-2079
2489+of-state bank, as defined in section 36a-2, an institutional lender, any 2080
2490+subsidiary or affiliate of such bank, out-of-state bank or institutional 2081
2491+lender, or other lender licensed by the Department of Banking;] 2082
2492+(C) A department or [unit of a financial institution subject to 2083
2493+regulation by an agency or department of the United States government 2084
2494+or an agency of this state that only receives appraisal requests from an 2085
2495+employee of such financial institution] division of an entity that 2086
2496+provides appraisal management services exclusively to such entity; or 2087
2497+(D) Any local, state or federal agency or department thereof. 2088
2498+(4) "Appraisal management services" means: [any of the following:] 2089
2499+(A) The administration of an appraiser panel; 2090
2500+(B) The recruitment of certified appraisers to be part of an appraiser 2091
2501+panel, including, but not limited to, the negotiation of fees to be paid to, 2092
2502+and services to be provided by, [such] the certified appraisers for their 2093
2503+participation on [such] the appraiser panel; or 2094
2504+(C) The receipt of an appraisal request or order, or an appraisal 2095
2505+review request or order, and the delivery of such request or order to an 2096
2506+appraiser panel. 2097 Substitute Bill No. 5330
2507+
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2511+67 of 84
2512+
2513+(5) "Appraiser panel" means a network of appraisers who are certified 2098
2514+in accordance with the requirements established by the commission by 2099
2515+regulation, [who] are independent contractors of an appraisal 2100
2516+management company and [who] have: 2101
2517+(A) Responded to an invitation, request or solicitation from an 2102
2518+appraisal management company to perform appraisals (i) requested or 2103
2519+ordered through [such] the appraisal management company, or (ii) 2104
2520+directly for [such] the appraisal management company on a periodic 2105
2521+basis as assigned by [the] such appraisal management company; and 2106
2522+(B) Been selected and approved by [such] the appraisal management 2107
2523+company. 2108
2524+(6) "Bank" has the same meaning as provided in section 36a-2. 2109
2525+[(6)] (7) "Certified appraiser" means a person who has satisfied the 2110
2526+minimum requirements for a category of certification established by the 2111
2527+commission by regulation. Such minimum requirements shall be 2112
2528+consistent with guidelines established by the Appraisal Qualification 2113
2529+Board of the Appraisal Foundation. The categories of certification shall 2114
2530+include [, but may be modified by the commission thereafter,] one 2115
2531+category denoted as "certified residential appraiser" and another 2116
2532+denoted as "certified general appraiser". The commission may modify 2117
2533+such categories of certification. 2118
2534+[(7)] (8) "Commission" means the Connecticut Real Estate Appraisal 2119
2535+Commission appointed under the provisions of section 20-502. 2120
2536+[(8)] (9) "Commissioner" means the Commissioner of Consumer 2121
2537+Protection. 2122
2538+[(9)] (10) "Compliance manager" means a person who holds an 2123
2539+appraiser certification in at least one state and [who] is responsible for 2124
2540+overseeing the implementation of, and compliance with, procedures for 2125
2541+an appraisal management company to: 2126 Substitute Bill No. 5330
2542+
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2547+
2548+(A) Verify that a person being added to the appraiser panel of the 2127
2549+appraisal management company holds a license in good standing in 2128
2550+accordance with section 20-509; 2129
2551+(B) Maintain detailed records of each appraisal request or order the 2130
2552+appraisal management company receives and of the appraiser who 2131
2553+performs such appraisal; and 2132
2554+(C) Review on a periodic basis the work of all appraisers performing 2133
2555+appraisals for the appraisal management company to ensure that such 2134
2556+appraisals are being conducted in accordance with the USPAP. 2135
2557+[(10)] (11) "Controlling person" means a person who has not had an 2136
2558+appraiser license, [or a] similar license or appraiser certificate denied, 2137
2559+refused [to be renewed] renewal, suspended or revoked in any state 2138
2560+and: [who:] 2139
2561+(A) Is [an owner, officer or director of a partnership,] a director, 2140
2562+officer or owner of an association, corporation, limited liability company 2141
2563+or [corporation] partnership offering or seeking to offer appraisal 2142
2564+management services in this state; 2143
2565+(B) Is employed by an appraisal management company and has the 2144
2566+authority to enter into agreements or contracts [or agreements] for the 2145
2567+performance of appraisal management services or appraisals, or is 2146
2568+appointed or authorized by such appraisal management company to 2147
2569+enter into such agreements or contracts; [or agreements;] or 2148
2570+(C) May exercise authority over, or direct the management or policies 2149
2571+of, an appraisal management company. 2150
2572+[(11)] (12) "Engaging in the real estate appraisal business" means the 2151
2573+act or process of estimating the value of real estate for a fee or other 2152
2574+valuable consideration. 2153
2575+(13) "Financial institution" means a bank, out-of-state bank or 2154
2576+institutional lender, an affiliate or subsidiary of a bank, out-of-state bank 2155 Substitute Bill No. 5330
2577+
2578+
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2581+69 of 84
2582+
2583+or institutional lender or another lender licensed by the Department of 2156
2584+Banking. 2157
2585+[(12)] (14) "FIRREA" means the Financial Institutions, Reform, 2158
2586+Recovery and Enforcement Act of 1989, P.L. 101-73, 103 Stat. 183. 2159
2587+(15) "Out-of-state bank" has the same meaning as provided in section 2160
2588+36a-2. 2161
2589+[(13)] (16) "Person" means an individual. 2162
2590+[(14)] (17) "Provisional appraiser" means a person engaged in the 2163
2591+business of estimating the value of real estate for a fee or other valuable 2164
2592+consideration under the supervision of a certified real estate appraiser 2165
2593+and who meets the minimum requirements, if any, established by the 2166
2594+commission by regulation for provisional appraiser status. 2167
2595+[(15)] (18) "Provisional license" means a license issued to a provisional 2168
2596+appraiser. 2169
2597+[(16)] (19) "Real estate appraiser" or "appraiser" means a person 2170
2598+engaged in the business of estimating the value of real estate for a fee or 2171
2599+other valuable consideration. 2172
2600+[(17)] (20) "USPAP" means the Uniform Standards of Professional 2173
2601+Appraisal Practice issued by the Appraisal Standards Board of the 2174
2602+Appraisal Foundation pursuant to Title XI of FIRREA. 2175
2603+Sec. 45. Section 20-670 of the 2022 supplement to the general statutes 2176
2604+is repealed and the following is substituted in lieu thereof (Effective from 2177
2605+passage): 2178
2606+As used in sections 20-670 to [20-680] 20-681, inclusive, as amended 2179
2607+by this act, and section 46 of this act: 2180
2608+(1) "Certificate" means a certificate of registration issued under 2181
2609+section 20-672. 2182 Substitute Bill No. 5330
2610+
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2614+70 of 84
2615+
2616+(2) "Commissioner" means the Commissioner of Consumer 2183
2617+Protection or any person designated by the commissioner to administer 2184
2618+and enforce the provisions of sections 20-670 to [20-680] 20-681, 2185
2619+inclusive, as amended by this act, and section 46 of this act. 2186
2620+(3) "Companion services" means nonmedical, basic supervision 2187
2621+services to ensure the safety and well-being [and safety] of a person in 2188
2622+[such] the person's home. 2189
2623+[(4) "Employee" means any person employed by, or who enters into 2190
2624+a contract to perform services for, a homemaker-companion agency, 2191
2625+including, but not limited to, temporary employees, pool employees 2192
2626+and persons treated by such agency as independent contractors.] 2193
2627+(4) "Covenant not to compete" means any agreement or contract that 2194
2628+restricts the right of an individual to provide companion services, home 2195
2629+health services or homemaker services (A) in any geographic area of the 2196
2630+state for any period of time, or (B) to a specific individual. 2197
2631+(5) "Comprehensive background check" means a background 2198
2632+investigation of a prospective employee performed by a homemaker-2199
2633+companion agency, that includes [:] (A) [A] a review of any application 2200
2634+materials prepared or requested by the homemaker-companion agency 2201
2635+and completed by the prospective employee, [;] (B) an in-person or 2202
2636+video-conference interview of the prospective employee, [;] (C) 2203
2637+verification of the prospective employee's Social Security number, [;] (D) 2204
2638+if the [position] prospective employee has applied for a position within 2205
2639+the homemaker-companion agency that requires licensure on the part 2206
2640+of [the] such prospective employee, verification that the required license 2207
2641+is in good standing, [;] (E) a check of the registry established and 2208
2642+maintained pursuant to section 54-257, [;] (F) a local and national 2209
2643+criminal background check of criminal matters of public record based 2210
2644+on the prospective employee's name and date of birth that includes a 2211
2645+search of a multistate and multijurisdiction criminal record locator or 2212
2646+other similar commercial nationwide database with validation, and a 2213
2647+search of the United States Department of Justice National Sex Offender 2214 Substitute Bill No. 5330
2648+
2649+
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2653+
2654+Public Website, conducted by a third-party consumer reporting agency 2215
2655+or background screening company that is accredited by the Professional 2216
2656+Background Screening Association and in compliance with the federal 2217
2657+Fair Credit Reporting Act, [;] (G) if the prospective employee has resided 2218
2658+in this state for less than three years prior to the date of [the] such 2219
2659+prospective employee's application with the homemaker-companion 2220
2660+agency, a review of criminal conviction information from the state or 2221
2661+states where such prospective employee resided during such three-year 2222
2662+period, [;] and (H) a review of any other information that the 2223
2663+homemaker-companion agency deems necessary in order to evaluate 2224
2664+the suitability of the prospective employee for the position. 2225
2665+[(6) "Homemaker services" means nonmedical, supportive services 2226
2666+that ensure a safe and healthy environment for a person in such person's 2227
2667+home, such services to include assistance with personal hygiene, 2228
2668+cooking, household cleaning, laundry and other household chores.] 2229
2669+(6) "Employee" means any person employed by, or who enters into a 2230
2670+contract to perform services for, a homemaker-companion agency, 2231
2671+including, but not limited to, pool employees, temporary employees 2232
2672+and persons the homemaker-companion agency treats as independent 2233
2673+contractors. 2234
2674+(7) (A) "Homemaker-companion agency" means [(A)] any (i) public 2235
2675+or private organization that employs one or more persons and is 2236
2676+engaged in the business of providing companion services or 2237
2677+homemaker services, or [(B) any] (ii) registry. 2238
2678+(B) "Homemaker-companion agency" [shall] does not include (i) a 2239
2679+home health care agency, as defined in subsection (d) of section 19a-490, 2240
2680+or (ii) a home health aide agency, as defined in subsection (e) of section 2241
2681+19a-490. 2242
2682+(8) "Homemaker services" means nonmed ical and supportive 2243
2683+services, including assistance with cooking, household cleaning, 2244
2684+laundry, personal hygiene and other household chores, that ensure a 2245 Substitute Bill No. 5330
2685+
2686+
2687+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330-
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2689+72 of 84
2690+
2691+healthy and safe environment for a person in the person's home. 2246
2692+(9) "Immediate family member" means a child by adoption, blood or 2247
2693+marriage or a grandchild, grandparent, parent, sibling or spouse. 2248
2694+[(8)] (10) "Registry" means any person or entity engaged in the 2249
2695+business of supplying or referring an individual to, or placing an 2250
2696+individual with, a consumer for the purpose of enabling the individual 2251
2697+to provide to the consumer companion services or homemaker [or 2252
2698+companion services provided by such individual, when the] services, 2253
2699+provided such individual [providing such services is either] is (A) 2254
2700+directly compensated, in whole or in part, by the consumer, or (B) 2255
2701+[treated, referred to or considered] considered, referred to or treated by 2256
2702+such person or entity as an independent contractor. 2257
2703+[(9)] (11) "Service plan" means a written document, provided by a 2258
2704+homemaker-companion agency to a person utilizing companion 2259
2705+services or homemaker services provided by such agency, that specifies 2260
2706+the anticipated [scope, type, frequency and duration of homemaker or] 2261
2707+duration, frequency, scope and type of the companion services or 2262
2708+homemaker services that are to be provided by such agency for the 2263
2709+benefit of [the] such person. 2264
2710+Sec. 46. (NEW) (Effective from passage) (a) No person, other than an 2265
2711+immediate family member, who is an agent, corporate officer or 2266
2712+employee of a homemaker-companion agency, or has an ownership 2267
2713+interest in a homemaker-companion agency, shall act as an agent under 2268
2714+a power of attorney for any person who has contracted with the 2269
2715+homemaker-companion agency to receive companion services or 2270
2716+homemaker services. 2271
2717+(b) A person receiving companion services or homemaker services 2272
2718+may petition the Commissioner of Consumer Protection for an 2273
2719+exemption from subsection (a) of this section, and the commissioner 2274
2720+may grant such exemption for good cause shown. 2275
2721+Sec. 47. Section 20-338d of the 2022 supplement to the general statutes 2276 Substitute Bill No. 5330
2722+
2723+
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2726+73 of 84
2727+
2728+is repealed and the following is substituted in lieu thereof (Effective from 2277
2729+passage): 2278
2730+(a) For the purposes of this section, "owner" and "private residence" 2279
2731+have the same meanings as provided in section 20-419. 2280
2732+[(a)] (b) No written contract to perform work on a private residence 2281
2733+[, as defined in section 20-419,] by a contractor licensed pursuant to this 2282
2734+chapter or any person who owns or controls a business engaged to 2283
2735+provide the work or services licensed under the provisions of this 2284
2736+chapter by persons licensed for such work, shall be valid or enforceable 2285
2737+against an owner [, as defined in section 20-419,] unless [it: (1) Is in 2286
2738+writing; (2) is] such contract: (1) Is signed by the owner and the 2287
2739+contractor or business; [(3)] (2) contains the entire agreement between 2288
2740+the owner and the contractor or business; [(4)] (3) contains the date of 2289
2741+the transaction; [(5)] (4) contains the name and address of the contractor 2290
2742+and the contractor's license number or, in the case of a business, the 2291
2743+name of the business owner, partner or limited liability member and the 2292
2744+phone number and address of the business, partnership or limited 2293
2745+liability company; [(6)] (5) contains the name and license number of any 2294
2746+licensees performing the work, provided the name and the license 2295
2747+number of a licensee may be amended in writing during the term of the 2296
2748+contract; [(7)] (6) contains a notice [of] disclosing the owner's 2297
2749+cancellation rights in accordance with the provisions of chapter 740 and 2298
2750+subject to the exception set forth in subsection (c) of this section; and 2299
2751+[(8)] (7) contains a starting date and completion date. 2300
2752+(c) Notwithstanding the provisions of chapter 740, no owner shall 2301
2753+cancel a written contract that is subject to the provisions of subsection 2302
2754+(b) of this section if: (1) Such contract was executed for the purpose of 2303
2755+making emergency or immediate repairs that were necessary to protect 2304
2756+persons, personal property or real property; and (2) prior to executing 2305
2757+such contract, the owner provided to the contractor or business owner a 2306
2758+written statement, dated and signed by the owner, describing the 2307
2759+situation requiring such emergency or immediate repairs and expressly 2308
2760+acknowledging that the owner waives the right to cancel such contract 2309 Substitute Bill No. 5330
2761+
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2765+74 of 84
2766+
2767+in accordance with the provisions of chapter 740. 2310
2768+(d) Each contractor or business owner that enters into a written 2311
2769+contract that is subject to the provisions of subsection (b) of this section 2312
2770+shall deliver and provide to each owner who is a party to such contract, 2313
2771+free of charge, a copy of such contract at the time such contract is 2314
2772+executed. If such contract is amended, such contractor or business 2315
2773+owner shall provide to each owner who is a party to such contract, free 2316
2774+of charge, a copy of such amendment at the time such contract is 2317
2775+amended. 2318
2776+[(b)] (e) Each change in the terms and conditions of a written contract 2319
2777+[specified in] that is subject to the provisions of subsection [(a)] (b) of 2320
2778+this section shall be in writing and shall be signed by the owner and 2321
2779+contractor or business, except that the commissioner may, by 2322
2780+regulations adopted pursuant to chapter 54, dispense with the necessity 2323
2781+for complying with such requirement. 2324
2782+Sec. 48. Section 20-681 of the general statutes is repealed and the 2325
2783+following is substituted in lieu thereof (Effective from passage): 2326
2784+[For purposes of this section "covenant not to compete" means any 2327
2785+contract or agreement that restricts the right of an individual to provide 2328
2786+homemaker, companion or home health services (1) in any geographic 2329
2787+area of the state for any period of time, or (2) to a specific individual.] 2330
2788+Any covenant not to compete is against public policy and shall be void 2331
2789+and unenforceable. 2332
2790+Sec. 49. Subsection (c) of section 21a-10 of the 2022 supplement to the 2333
2791+general statutes is repealed and the following is substituted in lieu 2334
2792+thereof (Effective from passage): 2335
2793+(c) For any Department of Consumer Protection license, certificate, 2336
2794+registration or permit that requires the holder to complete continuing 2337
2795+education requirements, the continuing education requirements shall be 2338
2796+completed within the annual or biannual period that begins and ends 2339
2797+three months prior to the renewal date for the applicable license, 2340 Substitute Bill No. 5330
2798+
2799+
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2802+75 of 84
2803+
2804+certificate, registration or permit, except for licenses issued pursuant to 2341
2805+[chapter] chapters 389 and 400j. 2342
2806+Sec. 50. Section 21a-151 of the general statutes is repealed and the 2343
2807+following is substituted in lieu thereof (Effective from passage): 2344
2808+For the purposes of this section and sections 21a-152 to [21a-160] 21a-2345
2809+159, inclusive, as amended by this act: 2346
2810+(1) "Bakery" means a building or part of a building, including, but not 2347
2811+limited to, a hotel, private institution, restaurant, establishment 2348
2812+operating doughnut-frying equipment or other similar place, where 2349
2813+bread, cakes, cookies, crackers, crullers, doughnuts, [crullers,] macaroni, 2350
2814+pies, [cookies, crackers,] spaghetti [, macaroni] or other food products, 2351
2815+including, but not limited to, canned or frozen baked goods, are made, 2352
2816+either wholly or in part of flour or meal, or offered for sale. [including 2353
2817+frozen or canned baked goods. "Bakery" includes, but is not limited to, 2354
2818+any restaurant, hotel, private institution, establishment operating 2355
2819+doughnut-frying equipment or other similar place that offers such food 2356
2820+products for sale.] 2357
2821+(2) "Food manufacturing establishment" means a building or part of 2358
2822+a building where food is [prepared] canned, cooked, cut, dehydrated, 2359
2823+frozen, milled or repacked for sale to other establishments for human 2360
2824+consumption. [For purposes of this subdivision, "prepared" means a 2361
2825+process of canning, cooking, freezing, dehydrating, milling, repacking 2362
2826+or cutting.] Premises that are used solely for the retail sale or storage of 2363
2827+prepackaged food, and facilities, as described in sections 21a-24a and 2364
2828+22-6r and chapters 417, 419a, 422, 423, 430, 431 and 491, shall not be 2365
2829+considered food manufacturing establishments. 2366
2830+(3) "Food warehouse" means a building or part of a building where 2367
2831+food is stored for wholesale distribution, provided such building or part 2368
2832+of such building is used primarily for the importation, storage or 2369
2833+distribution of packaged food and not for other activities for which a 2370
2834+license is required pursuant to section 21a-152, as amended by this act. 2371 Substitute Bill No. 5330
2835+
2836+
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2839+76 of 84
2840+
2841+Premises licensed pursuant to [said] section 21a-152, as amended by this 2372
2842+act, and facilities, as described in sections 21a-24a and 22-6r and chapters 2373
2843+417, 419a, 422, 423, 430, 431 and 491, shall not be considered food 2374
2844+warehouses. 2375
2845+(4) "Packaged food" means standard or random weight or volume 2376
2846+packages of food commodities that are enclosed in a container or 2377
2847+wrapped in any manner, in advance of wholesale or retail sale, such that 2378
2848+the food commodities cannot be added to or subtracted from the 2379
2849+package or wrapping without breaking or tearing the wrapping, 2380
2850+container or seals on the wrapping or container. 2381
2851+Sec. 51. Section 21a-152 of the general statutes is repealed and the 2382
2852+following is substituted in lieu thereof (Effective from passage): 2383
2853+(a) Each bakery, [food warehouse and] food manufacturing 2384
2854+establishment and food warehouse shall be designed, constructed and 2385
2855+operated as the Commissioner of Consumer Protection directs pursuant 2386
2856+to sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this 2387
2857+act, and chapter 418. [The provisions of this subsection requiring the 2388
2858+commissioner to direct the design and construction of a food warehouse 2389
2859+shall not be required for a food warehouse that was registered in good 2390
2860+standing pursuant to section 21a-160 prior to October 1, 2019, provided 2391
2861+the warehouse is in good repair so that stored food is properly protected 2392
2862+and the premises is free of pests.] Each bakery, food manufacturing 2393
2863+establishment and food warehouse [and food manufacturing 2394
2864+establishment] remains subject to the provisions of chapter 418. 2395
2865+(b) No [person, firm or] corporation, firm or person shall operate a 2396
2866+bakery, food manufacturing establishment or food warehouse [or food 2397
2867+manufacturing establishment] with the intent of producing or storing 2398
2868+products for human consumption without having first obtained from 2399
2869+[said commissioner] the Commissioner of Consumer Protection a 2400
2870+license. [Application] Applications for such license shall be made on 2401
2871+forms, furnished by the commissioner, showing the name and address 2402
2872+of such bakery, food manufacturing establishment or food warehouse. 2403 Substitute Bill No. 5330
2873+
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2877+77 of 84
2878+
2879+[or food manufacturing establishment.] Bakeries shall show the number 2404
2880+of persons engaged in the production of bread and pastry products, 2405
2881+excluding [porters,] dishwashers, drivers, porters, sales personnel and 2406
2882+other employees not directly engaged in such production. The 2407
2883+commissioner shall cause an inspection to be [made] conducted of the 2408
2884+premises described in the application and, if conditions are found 2409
2885+satisfactory, issue such license. [shall be issued.] No corporation, firm or 2410
2886+person [, firm or corporation] operating a bakery, food manufacturing 2411
2887+establishment or food warehouse, or any agent, employee or servant [or 2412
2888+employee] thereof, shall refuse, hinder or otherwise interfere with the 2413
2889+commissioner's, or the commissioner's authorized representative's, 2414
2890+access [by the commissioner or his authorized representative] to the 2415
2891+bakery, food manufacturing establishment or food warehouse for the 2416
2892+purpose of conducting an inspection. No corporation, firm or person [, 2417
2893+firm or corporation] shall: (1) [sell] Sell or distribute bread, cakes, 2418
2894+cookies, crackers, crullers, doughnuts, [crullers,] macaroni, pies, 2419
2895+[cookies, crackers,] spaghetti [, macaroni] or other food products, 2420
2896+including frozen or canned baked goods, made in whole or in part of 2421
2897+flour or meal, produced in any bakery located within or beyond the 2422
2898+boundaries of this state; [,] (2) sell or distribute food produced in a food 2423
2899+manufacturing establishment located within the boundaries of this 2424
2900+state; [,] or (3) store any food for wholesale distribution in a food 2425
2901+warehouse, unless such bakery, food manufacturing establishment or 2426
2902+food warehouse [or food manufacturing establishment] has obtained a 2427
2903+license from [said] the commissioner. Facilities licensed pursuant to 2428
2904+chapter 417 as food vendors and frozen dessert vendors, and all facilities 2429
2905+licensed pursuant to chapters 419a and 430, shall be exempt from such 2430
2906+licensing requirement. The commissioner may promulgate regulations 2431
2907+excepting out-of-state manufacturers of products [,] commonly known 2432
2908+as brown bread, cookies, crackers [, brown bread] or plum puddings in 2433
2909+hermetically sealed containers and other similar products [,] from the 2434
2910+license provisions of this section. Such license shall be valid for one year 2435
2911+and a fee [therefor] for such license shall be collected as follows: From a 2436
2912+[person, firm or] corporation, firm or person owning or conducting a 2437
2913+bakery in which there are not more than four persons [or fewer] engaged 2438 Substitute Bill No. 5330
2914+
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2918+78 of 84
2919+
2920+in the production of bread and pastry products, twenty dollars; in which 2439
2921+there are [not fewer than] at least five [nor] but not more than nine 2440
2922+persons so engaged, forty dollars; in which there are [not fewer than] at 2441
2923+least ten [nor] but not more than twenty-four persons so engaged, one 2442
2924+hundred dollars; in which there are [not fewer than] at least twenty-five 2443
2925+[nor] but not more than ninety-nine persons so engaged, two hundred 2444
2926+dollars; in which there are [more than] at least one hundred persons so 2445
2927+engaged, two hundred fifty dollars. The fee for a food [manufacturer] 2446
2928+manufacturing establishment or food warehouse license shall be twenty 2447
2929+dollars annually. [No prior inspection by the commissioner shall be 2448
2930+necessary for a food warehouse registered under section 21a-160 prior 2449
2931+to October 1, 2019, which is required to transfer its registration to a new 2450
2932+license under the provisions of this subsection.] 2451
2933+(c) [A] The Commissioner of Consumer Protection may revoke a 2452
2934+bakery, food manufacturing establishment or food warehouse [or food 2453
2935+manufacturer license may be revoked by said commissioner] license for 2454
2936+any violation of sections 21a-151 to [21a-160] 21a-159, inclusive, as 2455
2937+amended by this act, after a hearing conducted in accordance with 2456
2938+chapter 54. In addition, [a] the commissioner may summarily suspend a 2457
2939+bakery, [or food manufacturer] food manufacturing establishment or 2458
2940+food warehouse license [may be summarily suspended] pending a 2459
2941+hearing if [said] the commissioner has reason to believe that the public 2460
2942+health, safety or welfare imperatively requires emergency action. 2461
2943+[Within] Not later than ten days following the suspension order, [said] 2462
2944+the commissioner shall cause to be held a hearing which shall be 2463
2945+conducted in accordance with the provisions of [said] chapter 54. 2464
2946+Following [said] such hearing, [said] the commissioner shall dissolve 2465
2947+such suspension or order revocation of the bakery, food manufacturing 2466
2948+establishment or food warehouse [or food manufacturer] license. Any 2467
2949+[person, firm or] corporation, firm or person whose license has been 2468
2950+revoked may [make application] apply for a new license and [said] the 2469
2951+commissioner shall act on such application [within] not later than thirty 2470
2952+days [of receipt] after the commissioner receives such application. The 2471
2953+costs of any inspections necessary to determine whether or not an 2472 Substitute Bill No. 5330
2954+
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2958+79 of 84
2959+
2960+applicant, whose license has been revoked, is entitled to have a new 2473
2961+license granted shall be borne by the applicant at such rates as the 2474
2962+commissioner may determine. [Said] The commissioner may refuse to 2475
2963+grant any bakery, food manufacturing establishment or food warehouse 2476
2964+[or food manufacturer] a license if [he or she] the commissioner finds 2477
2965+that the applicant has evidenced a pattern of noncompliance with the 2478
2966+provisions of sections 21a-151 to [21a-160] 21a-159, inclusive, as 2479
2967+amended by this act. Prima facie evidence of a pattern of noncompliance 2480
2968+shall be established if [said] the commissioner shows that the applicant 2481
2969+has had two or more bakery, food manufacturing establishment or food 2482
2970+warehouse [or food manufacturer] licenses revoked. 2483
2971+(d) All vehicles used in the transportation of bakery, food 2484
2972+manufacturing establishment or food warehouse products shall be kept 2485
2973+in a sanitary condition and shall have the name and address of the 2486
2974+bakery, food manufacturing establishment or food warehouse owner, 2487
2975+operator or distributor legibly printed on both sides. Each compartment 2488
2976+in which unwrapped bakery, food manufacturing establishment or food 2489
2977+warehouse products are transported shall be enclosed in a manner 2490
2978+approved by the commissioner. 2491
2979+(e) The provisions of this section shall not prevent local health 2492
2980+authorities from enforcing orders or regulations concerning the sanitary 2493
2981+condition of retail bakeries. 2494
2982+(f) Any person who desires to obtain a license under the provisions 2495
2983+of sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this 2496
2984+act, shall first obtain and present to the [commissioner] Commissioner 2497
2985+of Consumer Protection a certificate of approval of the location for 2498
2986+which such license is desired. The certificate of approval shall be 2499
2987+obtained from the zoning commission, planning and zoning 2500
2988+commission or local authority of the town, city or borough in which the 2501
2989+facility is located or is proposed to be located. [A] No certificate of 2502
2990+approval shall [not] be required [in the case of the transfer of the last 2503
2991+issued license from one person to another or in the case of a renewal of 2504
2992+a license by the holder of the license] for a new license if the proposed 2505 Substitute Bill No. 5330
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2997+80 of 84
2998+
2999+use conforms to existing zoning requirements, for a license renewal by 2506
3000+the license holder or for a transfer by the license holder to another 2507
3001+person of the license most recently issued to such license holder. The 2508
3002+commissioner shall not issue any license under the provisions of 2509
3003+sections 21a-151 to [21a-160] 21a-159, inclusive, as amended by this act, 2510
3004+for which a certificate of approval is required until such certificate of 2511
3005+approval is obtained by the license applicant. [The provisions of this 2512
3006+subsection requiring a certificate of approval from the zoning 2513
3007+commission or other local authority shall not apply to any food 2514
3008+warehouse that was registered in good standing pursuant to section 21a-2515
3009+160 prior to October 1, 2019.] 2516
3010+Sec. 52. Section 21a-156 of the general statutes is repealed and the 2517
3011+following is substituted in lieu thereof (Effective from passage): 2518
3012+The commissioner shall, from time to time, after inquiry and public 2519
3013+hearing, adopt and promulgate regulations to supplement and give full 2520
3014+effect to the provisions of sections 21a-151 to [21a-160] 21a-159, 2521
3015+inclusive, as amended by this act. Such regulations, among other things, 2522
3016+may establish sanitary requirements pertaining to the manufacture and 2523
3017+distribution of bread and pastry products. Such regulations may also 2524
3018+cover provisions restricting the sale of dangerous, harmful and 2525
3019+unwholesome bread and pastry products, the labeling of bread and 2526
3020+pastry products, the inspection of bakeries, food manufacturing 2527
3021+establishments and food warehouses and the establishment of costs for 2528
3022+special inspections. The commissioner shall annually review the 2529
3023+amounts of bakery, food manufacturing establishment and food 2530
3024+warehouse license fees referred to in subsection (b) of section 21a-152, 2531
3025+as amended by this act, and shall increase such fees in order to reflect 2532
3026+the costs to the department of carrying out the provisions of sections 2533
3027+21a-151 to [21a-160] 21a-159, inclusive, as amended by this act. 2534
3028+Sec. 53. Section 21a-159 of the general statutes is repealed and the 2535
3029+following is substituted in lieu thereof (Effective from passage): 2536
3030+(a) Any person who violates any provision of sections 21a-151 to [21a-2537 Substitute Bill No. 5330
3031+
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3035+81 of 84
3036+
3037+160] 21a-159, inclusive, as amended by this act, or any regulation made 2538
3038+thereunder, or fails to comply with an order of the Commissioner of 2539
3039+Consumer Protection, shall: (1) [for] For a first offense, be fined not more 2540
3040+than two hundred fifty dollars; [,] and (2) for [any] each subsequent 2541
3041+offense, be guilty of a class D misdemeanor. 2542
3042+(b) The [commissioner] Commissioner of Consumer Protection may 2543
3043+apply to the Superior Court for, and such court may [,] upon hearing 2544
3044+and for cause shown [,] grant, a temporary or permanent injunction 2545
3045+enjoining any person from operating a bakery, food manufacturing 2546
3046+establishment or food warehouse [or food manufacturing 2547
3047+establishment] without a license issued in accordance with sections 21a-2548
3048+151 to [21a-160] 21a-159, inclusive, as amended by this act, irrespective 2549
3049+of whether or not there exists an adequate remedy at law. The 2550
3050+commissioner also may apply to the Superior Court for, and such court 2551
3051+shall have jurisdiction to grant, a temporary restraining order pending 2552
3052+a hearing. Such application for injunctive or other appropriate relief 2553
3053+shall be brought by the Attorney General. 2554
3054+(c) The Commissioner of Consumer Protection, after providing notice 2555
3055+and conducting a hearing in accordance with the provisions of chapter 2556
3056+54, may issue a warning citation to, or impose a civil penalty of not more 2557
3057+than one hundred dollars for the first offense and not more than five 2558
3058+hundred dollars for each subsequent offense on, any person who 2559
3059+violates any provision of sections 21a-151 to [21a-160] 21a-159, inclusive, 2560
3060+as amended by this act, or any regulation adopted pursuant to section 2561
3061+21a-156, as amended by this act. 2562
3062+Sec. 54. Subsection (a) of section 22-54u of the general statutes is 2563
3063+repealed and the following is substituted in lieu thereof (Effective from 2564
3064+passage): 2565
3065+(a) The preparation, packaging, labeling and sale of honey and maple 2566
3066+syrup produced in this state shall not be subject to the provisions of 2567
3067+sections 21a-91 to 21a-120, inclusive, and sections 21a-151 to [21a-160] 2568
3068+21a-159, inclusive, as amended by this act, and shall be under the 2569 Substitute Bill No. 5330
3069+
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3073+82 of 84
3074+
3075+licensing, inspection and enforcement authority of the Commissioner of 2570
3076+Agriculture and the commissioner's authorized agents. 2571
3077+Sec. 55. Section 21a-160 of the general statutes is repealed. (Effective 2572
3078+from passage) 2573
3079+This act shall take effect as follows and shall amend the following
3080+sections:
3081+
3082+Section 1 from passage 30-1
3083+Sec. 2 from passage New section
3084+Sec. 3 from passage 30-19f(a) to (c)
3085+Sec. 4 from passage 30-20
3086+Sec. 5 from passage 30-46
3087+Sec. 6 from passage 30-51a
3088+Sec. 7 from passage 30-74(c)
3089+Sec. 8 from passage 30-22a
3090+Sec. 9 from passage 30-12
3091+Sec. 10 from passage 30-14(a)
3092+Sec. 11 from passage 30-16b
3093+Sec. 12 from passage 30-22c(b)
3094+Sec. 13 from passage 30-23a
3095+Sec. 14 from passage 30-24
3096+Sec. 15 from passage 30-24b
3097+Sec. 16 from passage 30-25(a)
3098+Sec. 17 from passage 30-39(b)
3099+Sec. 18 from passage 30-45
3100+Sec. 19 from passage 30-48(a)
3101+Sec. 20 from passage 30-48a(c)
3102+Sec. 21 from passage 30-53
3103+Sec. 22 from passage 30-54
3104+Sec. 23 from passage 30-91(a) to (e)
3105+Sec. 24 from passage 30-22(e)
3106+Sec. 25 from passage 30-22d
3107+Sec. 26 from passage 30-22e(c)
3108+Sec. 27 from passage 30-35b
3109+Sec. 28 from passage 30-81
3110+Sec. 29 from passage 30-90
3111+Sec. 30 from passage 20-578
3112+Sec. 31 from passage 20-617a Substitute Bill No. 5330
3113+
3114+
3115+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330-
3116+R01-HB.docx }
3117+83 of 84
3118+
3119+Sec. 32 from passage 20-621a(a)
3120+Sec. 33 from passage 21a-248
3121+Sec. 34 from passage 28-32
3122+Sec. 35 from passage 21a-79
3123+Sec. 36 from passage 21a-79b
3124+Sec. 37 from passage 42-133ff
3125+Sec. 38 July 1, 2022 New section
3126+Sec. 39 from passage 16a-17
3127+Sec. 40 from passage 16a-21(b)
3128+Sec. 41 from passage 16a-23m(a)
3129+Sec. 42 from passage 16a-23o
3130+Sec. 43 from passage 20-334d
3131+Sec. 44 from passage 20-500
3132+Sec. 45 from passage 20-670
3133+Sec. 46 from passage New section
3134+Sec. 47 from passage 20-338d
3135+Sec. 48 from passage 20-681
3136+Sec. 49 from passage 21a-10(c)
3137+Sec. 50 from passage 21a-151
3138+Sec. 51 from passage 21a-152
3139+Sec. 52 from passage 21a-156
3140+Sec. 53 from passage 21a-159
3141+Sec. 54 from passage 22-54u(a)
3142+Sec. 55 from passage Repealer section
3143+
3144+GL Joint Favorable Subst.
3145+Statement of Legislative Commissioners:
3146+In Section 23(d), "[for beer]" was changed to "[for beer or]" and a comma
3147+was inserted after "30-16", for consistency; in Section 25(b), "a" was
3148+bracketed, and "the" was inserted after the closing bracket, for accuracy,
3149+and "of" was inserted after "premises,", for clarity; in Section 28, "the"
3150+was inserted before "regulations", for clarity; in Section 34(b), "[drugs
3151+or] controlled drugs, drugs or" was changed to "drugs, [or] controlled
3152+drugs or", for clarity; in Section 35(a)(3), "consumer commodity" was
3153+bracketed, and ""consumer commodity"" was inserted after the closing
3154+bracket, for consistency; in Section 39(b)(8), "who" was inserted after
3155+"individuals", the opening bracket was struck before "corporation" and
3156+the opening bracket was inserted before the comma after "partnership",
3157+and a comma was inserted after "that", for consistency; in Section 43(e),
3158+"the same" was changed to "such recordings", for clarity; in Section Substitute Bill No. 5330
3159+
3160+
3161+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330-
3162+R01-HB.docx }
3163+84 of 84
3164+
3165+44(3)(C), "that" was changed to "such", for consistency; in Section 46(b),
3166+a comma was inserted after "section", for clarity; in Section 50(1), "an"
3167+was deleted, for clarity; and in Section 51(b)(1), a comma was inserted
3168+after "meal", for consistency.
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