16 | | - | Section 1. Section 30-1 of the 2022 supplement to the general statutes |
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17 | | - | is repealed and the following is substituted in lieu thereof (Effective from |
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18 | | - | passage): |
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19 | | - | For the [interpretation] purposes of this chapter and section 2 of this |
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20 | | - | act, unless the context indicates a different meaning: |
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21 | | - | (1) "Airline" means any (A) United States airline carrier [,] holding a |
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22 | | - | certificate of public convenience and necessity from the Civil |
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23 | | - | Aeronautics Board under Section 401 of the Federal Aviation Act of |
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24 | | - | 1958, as amended from time to time, or [any] (B) foreign flag carrier [,] |
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25 | | - | holding a permit under Section 402 of [such] said act. |
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26 | | - | (2) "Alcohol" (A) means the product of distillation of any fermented |
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27 | | - | liquid [,] that is rectified [either] at least once [or more often, whatever |
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28 | | - | may be the] and regardless of such liquid's origin, [thereof,] and (B) |
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29 | | - | includes synthetic ethyl alcohol which is considered nonpotable. Substitute House Bill No. 5330 |
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30 | | - | |
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31 | | - | Public Act No. 22-104 2 of 91 |
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32 | | - | |
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33 | | - | (3) ["Alcoholic liquor" or "alcoholic beverage" includes] "Alcoholic |
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34 | | - | beverage" and "alcoholic liquor" include the four varieties of liquor |
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35 | | - | defined in subdivisions (2), (5), [(18)] (21) and [(19)] (22) of this section |
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36 | | - | (alcohol, beer, spirits and wine) and every liquid or solid, patented or |
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37 | | - | [not] unpatented, containing alcohol, [spirits, wine or] beer, spirits or |
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38 | | - | wine and at least one-half of one per cent alcohol by volume, and |
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39 | | - | capable of being consumed by a human being [for] as a beverage. |
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40 | | - | [purposes.] Any liquid or solid containing more than one of the four |
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41 | | - | varieties so defined [is considered as belonging to that] belongs to the |
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42 | | - | variety which has the [higher] highest percentage of alcohol [,] |
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43 | | - | according to the following order: Alcohol, spirits, wine and beer, except |
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44 | | - | as provided in subdivision [(19)] (22) of this section. [The provisions of |
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45 | | - | this chapter shall not apply to any liquid or solid containing less than |
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46 | | - | one-half of one per cent of alcohol by volume.] |
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47 | | - | (4) "Backer" means, except in cases where the permittee is [himself] |
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48 | | - | the proprietor, the proprietor of any business or club, incorporated or |
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49 | | - | unincorporated, that is engaged in [the manufacture or sale of] |
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50 | | - | manufacturing or selling alcoholic liquor [,] and in which business a |
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51 | | - | permittee is associated, whether as an agent, employee [, agent] or part |
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52 | | - | owner. |
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53 | | - | (5) "Beer" means any beverage obtained by the alcoholic fermentation |
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54 | | - | of [an infusion or decoction of barley, malt and hops] a decoction or |
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55 | | - | infusion of barley, hops and malt in drinking water. |
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56 | | - | (6) "Boat" means any vessel that is (A) operating on any waterway of |
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57 | | - | this state, and (B) engaged in transporting passengers for hire to or from |
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58 | | - | any port of this state. |
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59 | | - | [(6) (A)] (7) "Case price" means the price of a container made of |
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60 | | - | cardboard, wood or any other material [,] and containing units of the |
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61 | | - | same [size and] class and size of alcoholic liquor. [, and (B) a] A case of |
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62 | | - | alcoholic liquor, other than beer, cocktails, cordials, [cocktails, wines Substitute House Bill No. 5330 |
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63 | | - | |
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64 | | - | Public Act No. 22-104 3 of 91 |
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65 | | - | |
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66 | | - | and prepared mixed drinks] prepared mixed drinks and wines, shall be |
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67 | | - | in the [number and] quantity and number, or fewer, with the permission |
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68 | | - | of the Commissioner of Consumer Protection, of bottles or units [or |
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69 | | - | bottles] as follows: [(i) Six] (A) Six one thousand seven hundred fifty |
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70 | | - | milliliter bottles, [; (ii)] (B) six one thousand eight hundred milliliter |
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71 | | - | bottles, (C) twelve seven hundred milliliter bottles, (D) twelve seven |
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72 | | - | hundred twenty milliliter bottles, (E) twelve seven hundred fifty |
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73 | | - | milliliter bottles, (F) twelve nine hundred milliliter bottles, (G) twelve |
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74 | | - | one liter bottles, [; (iii) twelve seven hundred fifty milliliter bottles; (iv)] |
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75 | | - | (H) twenty-four three hundred seventy-five milliliter bottles, [; (v)] (I) |
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76 | | - | forty-eight two hundred milliliter bottles, [; (vi)] (J) sixty one hundred |
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77 | | - | milliliter bottles, [; or (vii)] or (K) one hundred twenty fifty milliliter |
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78 | | - | bottles, except a case of fifty milliliter bottles may be in a [number and] |
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79 | | - | quantity and number as originally configured, packaged and sold by the |
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80 | | - | manufacturer or out-of-state shipper prior to shipment [, provided such] |
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81 | | - | if the number of such bottles [does not exceed] in such case is not greater |
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82 | | - | than two hundred. The commissioner shall not authorize fewer |
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83 | | - | quantities or numbers [or quantities of units or] of bottles or units as |
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84 | | - | specified in this subdivision for any one person or entity more than eight |
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85 | | - | times in any calendar year. For the purposes of this subdivision, "class" |
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86 | | - | has the same meaning as [defined in] provided in 27 CFR 4.21 for wine, |
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87 | | - | 27 CFR 5.22 for spirits [, as defined in 27 CFR 4.21 for wine, and as |
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88 | | - | defined in] and 27 CFR 7.24 for beer. |
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89 | | - | [(7)] (8) "Charitable organization" means any nonprofit organization |
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90 | | - | that (A) is organized for charitable purposes, [to which has been issued |
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91 | | - | a ruling by] and (B) has received a ruling from the Internal Revenue |
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92 | | - | Service classifying [it] such nonprofit organization as an exempt |
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93 | | - | organization under Section 501(c)(3) of the Internal Revenue Code of |
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94 | | - | 1986, or any subsequent corresponding internal revenue code of the |
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95 | | - | United States, as amended from time to time. |
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96 | | - | [(8)] (9) "Club" has the same meaning as provided in section 30-22aa. Substitute House Bill No. 5330 |
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97 | | - | |
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98 | | - | Public Act No. 22-104 4 of 91 |
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99 | | - | |
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100 | | - | [(9)] (10) "Coliseum" [means a coliseum, as defined] has the same |
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101 | | - | meaning as provided in section 30-33a. |
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102 | | - | [(10)] (11) "Commission" means the Liquor Control Commission |
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103 | | - | established under this chapter. |
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104 | | - | [(11)] (12) "Department" means the Department of Consumer |
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105 | | - | Protection. |
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106 | | - | (13) "Dining room" means any room or rooms (A) located in premises |
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107 | | - | operating under (i) a hotel permit issued under section 30-21, (ii) a |
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108 | | - | restaurant permit issued under subsection (a) of section 30-22, (iii) a |
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109 | | - | restaurant permit for wine and beer issued under subsection (b) of |
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110 | | - | section 30-22, or (iv) a cafe permit issued under section 30-22a, as |
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111 | | - | amended by this act, and (B) where meals are customarily served to any |
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112 | | - | member of the public who has means of payment and a pro per |
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113 | | - | demeanor. |
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114 | | - | [(12)] (14) "Mead" means fermented honey [,] (A) with or without |
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115 | | - | additions or adjunct ingredients, [or additions,] and (B) regardless of (i) |
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116 | | - | alcohol content, [regardless of process, and regardless of being |
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117 | | - | sparkling, carbonated] (ii) process, and (iii) whether such honey is |
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118 | | - | carbonated, sparkling or still. |
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119 | | - | [(13)] (15) "Minor" means any person [under] who is younger than |
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120 | | - | twenty-one years of age. |
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121 | | - | (16) "Nonprofit club" has the same meaning as provided in section |
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122 | | - | 30-22aa. |
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123 | | - | (17) "Nonprofit public television corporation" has the same meaning |
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124 | | - | as provided in section 30-37d. |
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125 | | - | [(14)] (18) (A) "Person" means [natural person, including partners but |
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126 | | - | shall not include corporations, limited liability companies, joint stock Substitute House Bill No. 5330 |
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127 | | - | |
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128 | | - | Public Act No. 22-104 5 of 91 |
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129 | | - | |
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130 | | - | companies or other associations of natural persons] an individual, |
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131 | | - | including, but not limited to, a partner. |
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132 | | - | (B) "Person" does not include a corporation, joint stock company, |
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133 | | - | limited liability company or other association of individuals. |
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134 | | - | [(15)] (19) (A) "Proprietor" includes all owners of [businesses or clubs, |
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135 | | - | included in subdivision (4) of this section] a business or club, |
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136 | | - | incorporated or unincorporated, that is engaged in manufacturing or |
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137 | | - | selling alcoholic liquor, whether such owners are [individuals, partners, |
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138 | | - | joint stock companies, fiduciaries] persons, fiduciaries, joint stock |
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139 | | - | companies, stockholders of corporations or otherwise. [, but] |
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140 | | - | (B) "Proprietor" does not include [persons or corporations who are |
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141 | | - | merely creditors of such businesses or clubs, whether as note holders, |
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142 | | - | bond holders, landlords or franchisors] any person who, or corporation |
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143 | | - | that, is merely a creditor, whether as a bond holder, franchisor, landlord |
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144 | | - | or note holder, of a business or club, incorporated or unincorporated, |
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145 | | - | that is engaged in manufacturing or selling alcoholic liquor. |
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146 | | - | [(16) "Dining room" means a room or rooms in premises operating |
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147 | | - | under a hotel permit, hotel beer permit, restaurant permit, restaurant |
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148 | | - | permit for beer or wine or cafe permit, where meals are customarily |
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149 | | - | served, within the room or rooms, to any member of the public who has |
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150 | | - | means of payment and proper demeanor.] |
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151 | | - | [(17)] (20) "Restaurant" [means a restaurant, as defined] has the same |
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152 | | - | meaning as provided in section 30-22, as amended by this act. |
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153 | | - | [(18)] (21) "Spirits" means any beverage that contains alcohol |
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154 | | - | obtained by distillation mixed with drinkable water and other |
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155 | | - | substances in solution, including brandy, rum, whiskey and gin. |
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156 | | - | [(19)] (22) "Wine" means any alcoholic beverage obtained by [the |
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157 | | - | fermentation of] fermenting the natural sugar content of fruits, such as Substitute House Bill No. 5330 |
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158 | | - | |
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159 | | - | Public Act No. 22-104 6 of 91 |
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160 | | - | |
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161 | | - | apples, grapes [or apples] or other agricultural products, containing |
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162 | | - | such sugar, including fortified wines such as port, sherry and |
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163 | | - | champagne. |
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164 | | - | [(20) "Nonprofit public television corporation" means a nonprofit |
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165 | | - | public television corporation, as defined in section 30-37d. |
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166 | | - | (21) "Nonprofit club" has the same meaning as provided in section |
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167 | | - | 30-22aa.] |
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168 | | - | Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this |
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169 | | - | section: |
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170 | | - | (1) "Religious organization" means (A) any religious corporation, |
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171 | | - | society or organization that is formed or recognized under chapter 598 |
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172 | | - | of the general statutes, or (B) any religious organization that is eligible |
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173 | | - | for an exemption under section 12-412 of the general statutes; and |
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174 | | - | (2) "Sacramental wine" means any wine that is (A) exclusively used |
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175 | | - | for religious or sacramental purposes, and (B) exempt from taxation |
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176 | | - | under regulations adopted by the Commissioner of Revenue Services |
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177 | | - | pursuant to section 12-449 of the general statutes. |
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178 | | - | (b) A religious wine retailer permit shall allow the holder of such |
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179 | | - | permit to import and sell, at retail, sacramental wine to religious |
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180 | | - | organizations. Such sacramental wine shall not be consumed on the |
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181 | | - | permit premises and any sale of such sacramental wine shall only take |
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182 | | - | place during the hours a religious wine retailer may sell alcoholic liquor |
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183 | | - | under subsection (d) of section 30-91 of the general statutes, as amended |
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184 | | - | by this act. The holder of a religious wine retailer permit issued under |
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185 | | - | this section shall operate at least one retail location in this state, be |
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186 | | - | primarily engaged in the business of selling religious supplies that do |
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187 | | - | not contain alcohol and not hold any other permit issued under chapter |
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188 | | - | 545 of the general statutes. The annual fee for a religious wine retailer |
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189 | | - | permit issued under this section shall be two hundred fifty dollars. Substitute House Bill No. 5330 |
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190 | | - | |
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191 | | - | Public Act No. 22-104 7 of 91 |
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192 | | - | |
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193 | | - | (c) The holder of a religious wine retailer permit issued under this |
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194 | | - | section may purchase sacramental wine directly from a manufacturer, |
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195 | | - | out-of-state shipper or wholesaler. All shipments of sacramental wine |
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196 | | - | to the holder of a religious wine retailer permit issued under this section |
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197 | | - | shall be conspicuously labeled "for sacramental or religious purposes |
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198 | | - | only". If the holder of a religious wine retailer permit issued under this |
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199 | | - | section imports into this state a supply of any brand of sacramental wine |
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200 | | - | directly from a manufacturer or out-of-state shipper, such brand need |
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201 | | - | not comply with the provisions of sections 30-63 and 30-64 of the general |
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202 | | - | statutes for such directly imported supply. |
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203 | | - | Sec. 3. Subsections (a) to (c), inclusive, of section 30-19f of the 2022 |
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204 | | - | supplement to the general statutes are repealed and the following is |
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205 | | - | substituted in lieu thereof (Effective from passage): |
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206 | | - | (a) An in-state transporter's permit for alcoholic liquor shall allow the |
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207 | | - | commercial transportation of any alcoholic liquor and, with the |
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208 | | - | approval of the [department, the sale or provision] Department of |
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209 | | - | Consumer Protection, the provision or sale of alcoholic liquor for |
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210 | | - | consumption in a boat engaged in the transportation of passengers for |
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211 | | - | hire [and in] or a motor vehicle in livery service, as permitted by law. |
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212 | | - | One permit shall cover all such boats [and] or vehicles that are under |
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213 | | - | common control, direction, management or ownership. When applying |
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214 | | - | for such approval, the owner of any such boat [and] or vehicle in which |
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215 | | - | the sale or consumption of alcoholic liquor will be available shall |
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216 | | - | specifically identify to the department each such boat [and] or vehicle. |
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217 | | - | [to the department.] The annual fee for an in-state transporter's liquor |
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218 | | - | permit shall be one thousand two hundred fifty dollars for the first boat |
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219 | | - | or vehicle and [there shall be] an additional annual fee of two hundred |
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220 | | - | dollars for each additional boat or vehicle. |
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221 | | - | (b) No person, corporation, [trust, partnership, incorporated or |
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222 | | - | unincorporated association, and any] incorporated or unincorporated |
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223 | | - | association, partnership, trust or other legal entity except [: (1) The] the Substitute House Bill No. 5330 |
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224 | | - | |
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225 | | - | Public Act No. 22-104 8 of 91 |
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226 | | - | |
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227 | | - | holder of an out-of-state shipper's permit issued [pursuant to] under |
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228 | | - | section 30-18 or 30-19, [; (2) the holder of] a manufacturer's permit issued |
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229 | | - | [pursuant to] under section 30-16, other than [the holder of] a |
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230 | | - | manufacturer permit for a farm winery or a manufacturer permit for |
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231 | | - | wine, cider and mead, [; and (3) the holder of] or a wholesaler's permit |
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232 | | - | issued [pursuant to] under section 30-17, shall transport any alcoholic |
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233 | | - | beverages imported into this state unless such person: [holds] (1) Holds |
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234 | | - | an in-state transporter's permit; [and] (2) the tax imposed on such |
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235 | | - | alcoholic liquor [by] under section 12-435 has been paid; and [,] (3) if |
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236 | | - | applicable, the tax imposed on the sale of such alcoholic liquor |
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237 | | - | [pursuant to] under chapter 219 has been paid. |
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238 | | - | (c) An in-state transporter, when [shipping or] delivering or shipping |
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239 | | - | directly to a consumer in this state wine, cider or mead, [directly to a |
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240 | | - | consumer in this state,] shall: (1) Ensure that the shipping labels on all |
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241 | | - | containers of such products shipped directly to a consumer in this state |
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242 | | - | conspicuously state the following: "CONTAINS ALCOHOL — |
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243 | | - | SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR |
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244 | | - | DELIVERY"; (2) obtain the signature of a person [age twenty-one or |
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245 | | - | older] who is at least twenty-one years of age at the address prior to |
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246 | | - | delivery, after requiring the signer to demonstrate that [he or she is age |
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247 | | - | twenty-one or older] the signer is at least twenty-one years of age by |
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248 | | - | providing a valid motor vehicle operator's license or a valid identity |
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249 | | - | card described in section 1-1h; and (3) not ship to any address in the |
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250 | | - | state where the sale of alcoholic liquor is prohibited by local option |
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251 | | - | pursuant to section 30-9. |
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252 | | - | Sec. 4. Section 30-20 of the 2022 supplement to the general statutes is |
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253 | | - | repealed and the following is substituted in lieu thereof (Effective from |
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254 | | - | passage): |
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255 | | - | (a) For the purposes of this section, "grocery store" (1) means any |
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256 | | - | store that (A) is commonly known as a delicatessen, food store, grocery |
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257 | | - | store or supermarket, and (B) is primarily engaged in the retail sale of Substitute House Bill No. 5330 |
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258 | | - | |
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259 | | - | Public Act No. 22-104 9 of 91 |
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260 | | - | |
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261 | | - | various canned goods and dry goods such as coffee, flour, spices, sugar |
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262 | | - | and tea, whether packaged or in bulk, regardless of whether such store |
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263 | | - | sells fresh fruits and vegetables or fresh, prepared or smoked fish, meat |
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264 | | - | and poultry, and (2) does not include any store that is primarily engaged |
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265 | | - | in the retail sale of bakery products, candy, nuts and confectioneries, |
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266 | | - | dairy products, eggs and poultry, fruits and vegetables or seafood. |
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267 | | - | [(a)] (b) (1) A package store permit shall allow the retail sale of |
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268 | | - | alcoholic liquor in sealed bottles or containers not to be consumed on |
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269 | | - | the permit premises. [, such sales to be made only in sealed bottles or |
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270 | | - | other containers.] The holder of a package store permit may, in |
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271 | | - | accordance with regulations adopted by the Department of Consumer |
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272 | | - | Protection pursuant to the provisions of chapter 54, (A) offer free |
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273 | | - | samples of alcoholic liquor for tasting on the permit premises, (B) |
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274 | | - | conduct fee-based wine education and tasting classes and |
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275 | | - | demonstrations, and (C) conduct tastings or demonstrations provided |
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276 | | - | by a permittee or backer of [a] the package store for a nominal charge to |
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277 | | - | charitable nonprofit organizations. Any offering, tasting, wine |
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278 | | - | education and tasting class or demonstration held on permit premises |
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279 | | - | shall be conducted only during the hours [a] the package store [is |
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280 | | - | permitted to] may sell alcoholic liquor under section 30-91, as amended |
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281 | | - | by this act. No tasting of wine on the permit premises shall be offered |
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282 | | - | from more than ten uncorked bottles at any one time. |
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283 | | - | (2) No store operating under a package store permit shall sell any |
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284 | | - | commodity other than alcoholic liquor except, [that,] notwithstanding |
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285 | | - | any other provision of law, such store may sell [(1)] (A) cigarettes and |
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286 | | - | cigars, [(2)] (B) publications, [(3)] (C) bar utensils, [which shall include, |
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287 | | - | but need not be] including, but not limited to, corkscrews, beverage |
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288 | | - | strainers, stirrers or other similar items used to consume, or related to |
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289 | | - | the consumption of, alcoholic liquor, [(4)] (D) gift packages of alcoholic |
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290 | | - | liquor shipped into the state by a manufacturer or out-of-state shipper, |
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291 | | - | which gift packages may include [a] nonalcoholic [item in the gift Substitute House Bill No. 5330 |
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292 | | - | |
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293 | | - | Public Act No. 22-104 10 of 91 |
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294 | | - | |
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295 | | - | package that may be any item, except food or tobacco products, |
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296 | | - | provided the] items, other than food or tobacco products, if the dollar |
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297 | | - | value of the nonalcoholic items in such gift package does not exceed the |
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298 | | - | dollar value of the alcoholic items [of the] in such gift package, [(5)] (E) |
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299 | | - | complementary fresh fruits used in the preparation of mixed alcoholic |
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300 | | - | beverages, [(6)] (F) cheese, [or] crackers [,] or both, [(7)] (G) olives, [(8)] |
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301 | | - | (H) nonalcoholic beverages, [(9)] (I) concentrates used in the preparation |
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302 | | - | of mixed alcoholic beverages, [(10)] (J) beer and wine-making kits and |
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303 | | - | products related to [beer and wine-making] such kits, [(11)] (K) ice in |
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304 | | - | any form, [(12)] (L) articles of clothing imprinted with advertising |
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305 | | - | related to the alcoholic liquor industry, [(13)] (M) gift baskets or other |
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306 | | - | containers of alcoholic liquor, [(14)] (N) multiple packages of alcoholic |
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307 | | - | liquors, [as defined in subdivision (3) of section 30-1,] provided in all |
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308 | | - | such cases the minimum retail selling price for such alcoholic liquor |
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309 | | - | shall apply, [(15)] (O) lottery tickets authorized by the Department of |
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310 | | - | Consumer Protection, if licensed as an agent to sell such tickets by [said] |
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311 | | - | the department, [(16)] (P) devices and related accessories designed |
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312 | | - | primarily for accessing and extracting a beverage containing alcohol |
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313 | | - | from prepackaged containers, including, but not limited to, pods, |
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314 | | - | pouches or similar containers, but excluding devices, including, but not |
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315 | | - | limited to, household blenders, that are not designed primarily for such |
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316 | | - | purposes, [including, but not limited to, household blenders, (17)] (Q) |
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317 | | - | alcohol-infused confections containing not more than one-half of one |
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318 | | - | per cent of alcohol by weight and which the commissioner has approved |
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319 | | - | for sale [by the commissioner] under section 21a-101, and [(18)] (R) gift |
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320 | | - | baskets containing only containers of alcoholic liquor and commodities |
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321 | | - | authorized for sale under [subdivisions (1) to (17), inclusive, of this |
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322 | | - | subsection] subparagraphs (A) to (Q), inclusive, of this subdivision. A |
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323 | | - | package store permit shall also allow the taking and transmitting of |
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324 | | - | orders for delivery of such merchandise in other states. |
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325 | | - | Notwithstanding any other provision of law, a package store permit |
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326 | | - | shall allow the participation in any lottery ticket promotion or giveaway |
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327 | | - | sponsored by the [Department of Consumer Protection] department. Substitute House Bill No. 5330 |
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328 | | - | |
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329 | | - | Public Act No. 22-104 11 of 91 |
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330 | | - | |
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331 | | - | The annual fee for a package store permit shall be five hundred thirty- |
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332 | | - | five dollars. |
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333 | | - | [(b)] (c) A grocery store beer permit may be granted to any grocery |
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334 | | - | store and shall allow the retail sale of beer in standard size containers |
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335 | | - | not to be consumed on the permit premises. [A] The holder of a grocery |
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336 | | - | store beer permit shall post, in a prominent location adjacent to the beer |
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337 | | - | display, the retail price for each brand of beer and [said] such retail price |
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338 | | - | shall include all applicable federal and state taxes, including, but not |
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339 | | - | limited to, the applicable state sales taxes. The annual fee for a grocery |
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340 | | - | store beer permit shall be one hundred seventy dollars, [. For a] or, for a |
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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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| 35 | + | |
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| 40 | + | |
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| 41 | + | beverage" and "alcoholic liquor" include the four varieties of liquor 16 |
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| 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 | + | |
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| 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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| 111 | + | |
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| 116 | + | |
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| 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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| 146 | + | |
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| 151 | + | |
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| 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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| 181 | + | |
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| 186 | + | |
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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 |
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| 218 | + | statutes for such directly imported supply. 169 Substitute Bill No. 5330 |
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| 224 | + | |
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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 |
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| 230 | + | approval of the [department, the sale or provision] Department of 175 |
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| 231 | + | Consumer Protection, the provision or sale of alcoholic liquor for 176 |
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| 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 |
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| 240 | + | permit shall be one thousand two hundred fifty dollars for the first boat 185 |
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| 241 | + | or vehicle and [there shall be] an additional annual fee of two hundred 186 |
---|
| 242 | + | dollars for each additional boat or vehicle. 187 |
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| 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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| 258 | + | |
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| 263 | + | |
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| 264 | + | directly to a consumer in this state wine, cider or mead, [directly to a 203 |
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| 265 | + | consumer in this state,] shall: (1) Ensure that the shipping labels on all 204 |
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| 266 | + | containers of such products shipped directly to a consumer in this state 205 |
---|
| 267 | + | conspicuously state the following: "CONTAINS ALCOHOL —206 |
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| 268 | + | SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 207 |
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| 269 | + | DELIVERY"; (2) obtain the signature of a person [age twenty-one or 208 |
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| 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 |
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| 272 | + | twenty-one or older] the signer is at least twenty-one years of age by 211 |
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| 273 | + | providing a valid motor vehicle operator's license or a valid identity 212 |
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| 274 | + | card described in section 1-1h; and (3) not ship to any address in the 213 |
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| 275 | + | state where the sale of alcoholic liquor is prohibited by local option 214 |
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| 276 | + | pursuant to section 30-9. 215 |
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| 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 |
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| 279 | + | passage): 218 |
---|
| 280 | + | (a) For the purposes of this section, "grocery store" (1) means any 219 |
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| 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 |
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| 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 |
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| 286 | + | and poultry, and (2) does not include any store that is primarily engaged 225 |
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| 287 | + | in the retail sale of bakery products, candy, nuts and confectioneries, 226 |
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| 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 |
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| 290 | + | alcoholic liquor in sealed bottles or containers not to be consumed on 229 |
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| 291 | + | the permit premises. [, such sales to be made only in sealed bottles or 230 |
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| 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 |
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| 296 | + | conduct fee-based wine education and tasting classes and 235 Substitute Bill No. 5330 |
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| 297 | + | |
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| 302 | + | |
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| 303 | + | demonstrations, and (C) conduct tastings or demonstrations provided 236 |
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| 304 | + | by a permittee or backer of [a] the package store for a nominal charge to 237 |
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| 305 | + | charitable nonprofit organizations. Any offering, tasting, wine 238 |
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| 306 | + | education and tasting class or demonstration held on permit premises 239 |
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| 307 | + | shall be conducted only during the hours [a] the package store [is 240 |
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| 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 |
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| 310 | + | from more than ten uncorked bottles at any one time. 243 |
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| 311 | + | (2) No store operating under a package store permit shall sell any 244 |
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| 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 |
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| 314 | + | cigars, [(2)] (B) publications, [(3)] (C) bar utensils, [which shall include, 247 |
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| 315 | + | but need not be] including, but not limited to, corkscrews, beverage 248 |
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| 316 | + | strainers, stirrers or other similar items used to consume, or related to 249 |
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| 317 | + | the consumption of, alcoholic liquor, [(4)] (D) gift packages of alcoholic 250 |
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| 318 | + | liquor shipped into the state by a manufacturer or out-of-state shipper, 251 |
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| 319 | + | which gift packages may include [a] nonalcoholic [item in the gift 252 |
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| 320 | + | package that may be any item, except food or tobacco products, 253 |
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| 321 | + | provided the] items, other than food or tobacco products, if the dollar 254 |
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| 322 | + | value of the nonalcoholic items in such gift package does not exceed the 255 |
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| 323 | + | dollar value of the alcoholic items [of the] in such gift package, [(5)] (E) 256 |
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| 324 | + | complementary fresh fruits used in the preparation of mixed alcoholic 257 |
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| 325 | + | beverages, [(6)] (F) cheese, [or] crackers [,] or both, [(7)] (G) olives, [(8)] 258 |
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| 326 | + | (H) nonalcoholic beverages, [(9)] (I) concentrates used in the preparation 259 |
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| 327 | + | of mixed alcoholic beverages, [(10)] (J) beer and wine-making kits and 260 |
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| 328 | + | products related to [beer and wine-making] such kits, [(11)] (K) ice in 261 |
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| 329 | + | any form, [(12)] (L) articles of clothing imprinted with advertising 262 |
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| 330 | + | related to the alcoholic liquor industry, [(13)] (M) gift baskets or other 263 |
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| 331 | + | containers of alcoholic liquor, [(14)] (N) multiple packages of alcoholic 264 |
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| 332 | + | liquors, [as defined in subdivision (3) of section 30-1,] provided in all 265 |
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| 333 | + | such cases the minimum retail selling price for such alcoholic liquor 266 |
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| 334 | + | shall apply, [(15)] (O) lottery tickets authorized by the Department of 267 |
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| 335 | + | Consumer Protection, if licensed as an agent to sell such tickets by [said] 268 |
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| 336 | + | the department, [(16)] (P) devices and related accessories designed 269 Substitute Bill No. 5330 |
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| 337 | + | |
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| 341 | + | 10 of 84 |
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| 342 | + | |
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| 343 | + | primarily for accessing and extracting a beverage containing alcohol 270 |
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| 344 | + | from prepackaged containers, including, but not limited to, pods, 271 |
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| 345 | + | pouches or similar containers, but excluding devices, including, but not 272 |
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| 346 | + | limited to, household blenders, that are not designed primarily for such 273 |
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| 347 | + | purposes, [including, but not limited to, household blenders, (17)] (Q) 274 |
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| 348 | + | alcohol-infused confections containing not more than one-half of one 275 |
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| 349 | + | per cent of alcohol by weight and which the commissioner has approved 276 |
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| 350 | + | for sale [by the commissioner] under section 21a-101, and [(18)] (R) gift 277 |
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| 351 | + | baskets containing only containers of alcoholic liquor and commodities 278 |
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| 352 | + | authorized for sale under [subdivisions (1) to (17), inclusive, of this 279 |
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| 353 | + | subsection] subparagraphs (A) to (Q), inclusive, of this subdivision. A 280 |
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| 354 | + | package store permit shall also allow the taking and transmitting of 281 |
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| 355 | + | orders for delivery of such merchandise in other states. 282 |
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| 356 | + | Notwithstanding any other provision of law, a package store permit 283 |
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| 357 | + | shall allow the participation in any lottery ticket promotion or giveaway 284 |
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| 358 | + | sponsored by the [Department of Consumer Protection] department. 285 |
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| 359 | + | The annual fee for a package store permit shall be five hundred thirty-286 |
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| 360 | + | five dollars. 287 |
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| 361 | + | [(b)] (c) A grocery store beer permit may be granted to any grocery 288 |
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| 362 | + | store and shall allow the retail sale of beer in standard size containers 289 |
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| 363 | + | not to be consumed on the permit premises. [A] The holder of a grocery 290 |
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| 364 | + | store beer permit shall post, in a prominent location adjacent to the beer 291 |
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| 365 | + | display, the retail price for each brand of beer and [said] such retail price 292 |
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| 366 | + | shall include all applicable federal and state taxes, including, but not 293 |
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| 367 | + | limited to, the applicable state sales taxes. The annual fee for a grocery 294 |
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| 368 | + | store beer permit shall be one hundred seventy dollars, [. For a] or, for a 295 |
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| 369 | + | grocery store that has annual sales of food and grocery items of [not less 296 |
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| 370 | + | than] at least two million dollars, [the annual fee for a grocery store beer 297 |
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| 371 | + | permit shall be] one thousand five hundred dollars. 298 |
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| 372 | + | [(c) "Grocery store" means any store commonly known as a 299 |
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| 373 | + | supermarket, food store, grocery store or delicatessen, primarily 300 |
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| 374 | + | engaged in the retail sale of all sorts of canned goods and dry goods 301 |
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| 375 | + | such as tea, coffee, spices, sugar and flour, either packaged or in bulk, 302 Substitute Bill No. 5330 |
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| 376 | + | |
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| 380 | + | 11 of 84 |
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| 381 | + | |
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| 382 | + | with or without fresh fruits and vegetables, and with or without fresh, 303 |
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| 383 | + | smoked and prepared meats, fish and poultry, except that no store 304 |
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| 384 | + | primarily engaged in the retail sale of seafood, fruits and vegetables, 305 |
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| 385 | + | candy, nuts and confectioneries, dairy products, bakery products or 306 |
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| 386 | + | eggs and poultry shall be included in the definition of "grocery store".] 307 |
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| 387 | + | (d) The holder of a package store permit or a grocery store beer 308 |
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| 388 | + | permit issued under this section may allow curbside pick-up of 309 |
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| 389 | + | previously purchased alcoholic liquor by (1) the consumer who 310 |
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| 390 | + | purchased such alcoholic liquor, or (2) the holder of an in-state 311 |
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| 391 | + | transporter's permit issued under section 30-19f, as amended by this act, 312 |
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| 392 | + | or such holder's agent. Such curbside pick-up shall be limited to the 313 |
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| 393 | + | space immediately adjacent to, or in a parking lot abutting, the permit 314 |
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| 394 | + | premises. The holder of such package store permit or grocery store beer 315 |
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| 395 | + | permit may allow such curbside pick-up only during the hours the 316 |
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| 396 | + | package store or grocery store is allowed to sell alcoholic liquor under 317 |
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| 397 | + | subsection (d) of section 30-91, as amended by this act, unless a more 318 |
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| 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 |
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| 400 | + | repealed and the following is substituted in lieu thereof (Effective from 321 |
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| 401 | + | passage): 322 |
---|
| 402 | + | (a) The Department of Consumer Protection may, except as to a store 323 |
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| 403 | + | engaged chiefly in the sale of groceries, in its discretion, suspend, revoke 324 |
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| 404 | + | or refuse to grant or renew a permit for the sale of alcoholic liquor if [it] 325 |
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| 405 | + | the department has reasonable cause to believe [:] that (1) [That] the 326 |
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| 406 | + | proximity of the permit premises [will have a detrimental effect upon 327 |
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| 407 | + | any church] to any charitable institution supported by private or public 328 |
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| 408 | + | funds, church, convent, hospital, public or parochial school, [convent, 329 |
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| 409 | + | charitable institution, whether supported by private or public funds, 330 |
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| 410 | + | hospital] or veterans' home, or any [camp,] barracks, camp or flying 331 |
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| 411 | + | field of the armed forces, [; (2) that such location] will detrimentally 332 |
---|
| 412 | + | impact such institution, church, convent, hospital, school, home, 333 |
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| 413 | + | barracks, camp or field, (2) the permit premises is in such proximity to 334 |
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| 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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| 419 | + | 12 of 84 |
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| 420 | + | |
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| 421 | + | obtain the patronage of [such] persons in such town, [;] (3) [that] the 336 |
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| 422 | + | number of permit premises in the locality is such that [the] granting [of] 337 |
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| 423 | + | a permit is detrimental to the public interest, and, in reaching a 338 |
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| 424 | + | conclusion in this respect, the department may consider the character 339 |
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| 425 | + | and [of, the] population of, and the number of like permits and [number 340 |
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| 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 |
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| 428 | + | on such town or neighborhood or on like permits existent in such town 343 |
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| 429 | + | or neighborhood, [;] (4) [that] the place has been conducted as a lewd or 344 |
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| 430 | + | disorderly establishment, [;] (5) [that] the backer does not have a right 345 |
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| 431 | + | to occupy the permit premises, [;] (6) [that] drive-up sales of alcoholic 346 |
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| 432 | + | liquor, other than curbside pick-up allowed under subsection (d) of 347 |
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| 433 | + | section 30-20, as amended by this act, are being made at the permit 348 |
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| 434 | + | premises, [;] or (7) [that] there is any other reason as provided by state 349 |
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| 435 | + | or federal law or regulation which warrants such refusal. 350 |
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| 436 | + | (b) (1) The existence of a coliseum permit issued under section 30-33a 351 |
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| 437 | + | shall not be a factor to be taken into consideration under subdivision (3) 352 |
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| 438 | + | of subsection (a) of this section. 353 |
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| 439 | + | (2) The provisions of subdivisions (1), (2) and (3) of subsection (a) of 354 |
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| 440 | + | this section shall not apply to [the granting] issuance of a coliseum 355 |
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| 441 | + | permit under section 30-33a. 356 |
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| 442 | + | Sec. 6. Section 30-51a of the general statutes is repealed and the 357 |
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| 443 | + | following is substituted in lieu thereof (Effective from passage): 358 |
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| 444 | + | Notwithstanding the provisions of subdivision (6) of section 30-47 359 |
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| 445 | + | and section 30-51, a permittee of premises operating under a grocery 360 |
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| 446 | + | store beer permit issued under subsection (c) of section 30-20, as 361 |
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| 447 | + | amended by this act, may lease up to fifty per cent of the total square 362 |
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| 448 | + | footage of the premises to any person for lawful purposes. The 363 |
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| 449 | + | Department of Consumer Protection shall not issue a permit allowing 364 |
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| 450 | + | the sale or consumption of alcoholic liquor on any such leased premises, 365 |
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| 451 | + | and the sale or consumption of alcoholic liquor [, as defined in 366 |
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| 452 | + | subdivision (3) of section 30-1,] shall be unlawful on any such leased 367 Substitute Bill No. 5330 |
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| 457 | + | 13 of 84 |
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| 458 | + | |
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| 459 | + | premises. 368 |
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| 460 | + | Sec. 7. Subsection (c) of section 30-74 of the general statutes is 369 |
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| 461 | + | repealed and the following is substituted in lieu thereof (Effective from 370 |
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| 462 | + | passage): 371 |
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| 463 | + | (c) No permittee or backer who is authorized under this chapter to 372 |
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| 464 | + | sell alcoholic liquor at retail for consumption off the permit premises, 373 |
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| 465 | + | and no agent or employee of such permittee or backer, may sell or 374 |
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| 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 |
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| 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 |
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| 471 | + | passage): 380 |
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| 472 | + | (a) A cafe permit shall allow the retail sale of alcoholic liquor to be 381 |
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| 473 | + | consumed on the premises of a cafe. The holder of a cafe permit shall 382 |
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| 474 | + | keep food available for sale to its customers for consumption on the 383 |
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| 475 | + | premises during [a] the majority of the hours such premises are open. 384 |
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| 476 | + | The availability of food from outside vendors located on or near the 385 |
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| 477 | + | premises, who may directly deliver such food or indirectly deliver such 386 |
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| 478 | + | food through a third party, shall be deemed compliance with such 387 |
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| 479 | + | requirement. The licensed premises shall at all times comply with all the 388 |
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| 480 | + | regulations of the local department of health. Nothing herein shall be 389 |
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| 481 | + | construed to require that any food be sold or purchased with any 390 |
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| 482 | + | alcoholic liquor, nor shall any rule, regulation or standard be 391 |
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| 483 | + | promulgated or enforced [requiring that the sale] to require that sales of 392 |
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| 484 | + | food be substantial or that the [receipts of the business other than from 393 |
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| 485 | + | the sale of] business's receipts from sales of alcoholic liquor equal any 394 |
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| 486 | + | set percentage of total receipts from all sales made [therein] on the 395 |
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| 487 | + | licensed premises. A cafe permit shall allow, with the prior approval of 396 |
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| 488 | + | the Department of Consumer Protection, alcoholic liquor to be served at 397 |
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| 489 | + | tables in outside areas that are screened or not screened from public 398 |
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| 490 | + | view where permitted by fire, zoning and health regulations. If not 399 Substitute Bill No. 5330 |
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| 491 | + | |
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| 495 | + | 14 of 84 |
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| 496 | + | |
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| 497 | + | required by fire, zoning or health regulations, a fence or wall enclosing 400 |
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| 498 | + | such outside areas shall not be required by the Department of Consumer 401 |
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| 499 | + | Protection. No fence or wall used to enclose such outside areas shall be 402 |
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| 500 | + | less than thirty inches high. Such permit shall also authorize the sale at 403 |
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| 501 | + | retail from the premises of sealed containers, supplied by the permittee, 404 |
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| 502 | + | of draught beer for consumption off the premises. Such sales shall be 405 |
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| 503 | + | conducted only during the hours a package store is permitted to sell 406 |
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| 504 | + | alcoholic liquor under the provisions of subsection (d) of section 30-91, 407 |
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| 505 | + | as amended by this act. Not more than four liters of such beer shall be 408 |
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| 506 | + | sold to any person on any day on which the sale of alcoholic liquor is 409 |
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| 507 | + | authorized under the provisions of subsection (d) of section 30-91, as 410 |
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| 508 | + | amended by this act. The annual fee for a cafe permit shall be two 411 |
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| 509 | + | thousand dollars, except the annual fee for a cafe permit for a prior 412 |
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| 510 | + | holder of a tavern permit issued [pursuant to] under section 30-26 shall 413 |
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| 511 | + | be eight hundred dollars for the first year, twelve hundred dollars for 414 |
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| 512 | + | the second year, one thousand six hundred dollars for the third year and 415 |
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| 513 | + | two thousand dollars for each year thereafter. 416 |
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| 514 | + | (b) (1) A cafe patron may remove one unsealed bottle of wine for off-417 |
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| 515 | + | premises consumption, provided the patron has purchased a full course 418 |
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| 516 | + | meal and consumed a portion of the wine with such meal on the cafe 419 |
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| 517 | + | premises. For purposes of this section, "full course meal" means a 420 |
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| 518 | + | diversified selection of food which (A) ordinarily cannot be consumed 421 |
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| 519 | + | without the use of tableware, and [which] (B) cannot be conveniently 422 |
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| 520 | + | consumed while standing or walking. 423 |
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| 521 | + | (2) A partially consumed bottle of wine that is to be removed from 424 |
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| 522 | + | the premises [pursuant to] under this subsection shall be securely sealed 425 |
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| 523 | + | and placed in a bag by the permittee or the permittee's agent or 426 |
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| 524 | + | employee prior to removal from the premises. 427 |
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| 525 | + | (c) As used in this section, "cafe" means space in a suitable and 428 |
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| 526 | + | permanent building, vessel or structure, kept, used, maintained, 429 |
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| 527 | + | advertised and held out to the public to be a place where alcoholic liquor 430 |
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| 528 | + | and food is served for sale at retail for consumption on the premises but 431 |
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| 529 | + | which does not necessarily serve hot meals; it shall have no sleeping 432 Substitute Bill No. 5330 |
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| 530 | + | |
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| 534 | + | 15 of 84 |
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| 535 | + | |
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| 536 | + | accommodations for the public and need not necessarily have a kitchen 433 |
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| 537 | + | or dining room but shall have employed therein at all times an adequate 434 |
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| 538 | + | number of employees. 435 |
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| 539 | + | (d) For purposes of compliance with this section, "cafe" [shall include] 436 |
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| 540 | + | includes any location in [the Bradley International Airport] a passenger 437 |
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| 541 | + | terminal complex of any airport, as defined in section 15-34, or any 438 |
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| 542 | + | location adjacent to and attached by common partition to [said] such 439 |
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| 543 | + | complex, which is open to the public [and] or to airline club members or 440 |
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| 544 | + | their guests, with or without the sale of food, for consumption on the 441 |
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| 545 | + | premises. 442 |
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| 546 | + | (e) For purposes of compliance with this section, "cafe" [shall include] 443 |
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| 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 |
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| 549 | + | licensed by the Department of Consumer Protection. 446 |
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| 550 | + | (f) For purposes of compliance with this section, "cafe" [shall include] 447 |
---|
| 551 | + | includes any commercial bowling establishment containing ten or more 448 |
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| 552 | + | lanes, or any commercial racquetball or tennis facility containing five or 449 |
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| 553 | + | more courts, with or without food, for consumption on the premises. 450 |
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| 554 | + | (g) For purposes of compliance with this section, "cafe" [shall include] 451 |
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| 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 |
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| 557 | + | unincorporated, that has been in existence as a bona fide organization 454 |
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| 558 | + | for at least one year prior to applying for a permit issued as provided by 455 |
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| 559 | + | this chapter, or that at the time of applying for the permit is in existence 456 |
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| 560 | + | as a bona fide organization and has not less than twenty members who 457 |
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| 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 |
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| 563 | + | one year after that time, not including associations organized for any 460 |
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| 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 |
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| 566 | + | course length of at least fifty-five hundred yards and a club house with 463 |
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| 567 | + | facilities that include locker rooms, a dining room and a lounge; 464 Substitute Bill No. 5330 |
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| 568 | + | |
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| 572 | + | 16 of 84 |
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| 573 | + | |
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| 574 | + | provided the club shall file with the department, upon request, within 465 |
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| 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 |
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| 577 | + | any additional member, his name and address, and provided its 468 |
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| 578 | + | aggregate annual membership fees or dues and other income, exclusive 469 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 601 | + | or indirectly wholly owned by a corporation which is and continues to 492 |
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| 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 |
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| 604 | + | the Internal Revenue Code of 1986, or any subsequent corresponding 495 |
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| 605 | + | internal revenue code of the United States, as amended from time to 496 |
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| 606 | + | time, which maintains a golf course of not less than eighteen holes and 497 |
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| 607 | + | a course length of at least fifty-five hundred yards and a club house with 498 |
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| 608 | + | facilities which include locker rooms, a dining room and a lounge; 499 Substitute Bill No. 5330 |
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| 609 | + | |
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| 610 | + | |
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| 613 | + | 17 of 84 |
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| 614 | + | |
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| 615 | + | provided the club shall file with the department, upon request, within 500 |
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| 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 |
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| 635 | + | [(i)] (h) For purposes of compliance with this section, "cafe" [shall 520 |
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| 636 | + | include] includes any corporation that operates a railway in this state or 521 |
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| 637 | + | that operates club, parlor, dining, buffet or lounge cars upon the lines of 522 |
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| 638 | + | any such railway in this state. It shall allow the sale and public 523 |
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| 639 | + | consumption of alcoholic liquor in any club, parlor, dining, buffet or 524 |
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| 640 | + | lounge car of a passenger train operated in this state. It shall be subject 525 |
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| 641 | + | to all the privileges, obligations and penalties provided for in this 526 |
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| 642 | + | chapter except that it shall be issued to a corporation instead of to a 527 |
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| 643 | + | person and, if it is revoked, another application may be made by the 528 |
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| 644 | + | corporation for the issuance of another railroad permit at any time after 529 |
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| 645 | + | the expiration of one year after such revocation. 530 |
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| 646 | + | [(j)] (i) For purposes of compliance with this section, "cafe" [shall 531 |
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| 647 | + | include] includes a facility designed, constructed and used for corporate 532 Substitute Bill No. 5330 |
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| 648 | + | |
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| 649 | + | |
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| 652 | + | 18 of 84 |
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| 653 | + | |
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| 654 | + | and private parties, sporting events, concerts, exhibitions, trade shows, 533 |
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| 655 | + | entertainment presentations, conventions, banquets, meetings, dances, 534 |
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| 656 | + | fund-raising events and similar functions, located on a tract of land of 535 |
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| 657 | + | not less than twenty acres containing an enclosed roofed pavilion 536 |
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| 658 | + | constructed to seat not less than two hundred fifty people, where hot 537 |
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| 659 | + | meals are regularly served in an adequate and sanitary dining area, such 538 |
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| 660 | + | meals having been prepared in an adequate and sanitary kitchen on the 539 |
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| 661 | + | premises, and employing an adequate number of employees who shall 540 |
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| 662 | + | serve only persons who are at such outing facility to attend an event, 541 |
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| 663 | + | function, private party or banquet. 542 |
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| 664 | + | [(k)] (j) For purposes of compliance with this section, "cafe" includes: 543 |
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| 665 | + | (1) A room or building that is subject to the care, custody and control of 544 |
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| 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 |
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| 677 | + | Sec. 9. Section 30-12 of the 2022 supplement to the general statutes is 556 |
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| 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 |
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| 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 |
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| 686 | + | |
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| 687 | + | |
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| 688 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 690 | + | 19 of 84 |
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| 691 | + | |
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| 692 | + | general statutes is repealed and the following is substituted in lieu 565 |
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| 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 |
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| 713 | + | period beginning June 4, 2021, and ending June 5, 2024, the holder of a 586 |
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| 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 |
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| 724 | + | |
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| 725 | + | |
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| 727 | + | R01-HB.docx } |
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| 728 | + | 20 of 84 |
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| 729 | + | |
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| 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 |
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| 762 | + | |
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| 763 | + | |
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| 764 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 766 | + | 21 of 84 |
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| 767 | + | |
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| 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 | + | |
---|
| 800 | + | |
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| 801 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 802 | + | R01-HB.docx } |
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| 803 | + | 22 of 84 |
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| 804 | + | |
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| 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 | + | |
---|
| 837 | + | |
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| 838 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 839 | + | R01-HB.docx } |
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| 840 | + | 23 of 84 |
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| 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 | + | |
---|
| 876 | + | |
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| 877 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 878 | + | R01-HB.docx } |
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| 879 | + | 24 of 84 |
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| 880 | + | |
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| 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 | + | |
---|
| 915 | + | |
---|
| 916 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 917 | + | R01-HB.docx } |
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| 918 | + | 25 of 84 |
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| 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 |
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| 955 | + | |
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| 956 | + | |
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| 957 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 958 | + | R01-HB.docx } |
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| 959 | + | 26 of 84 |
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| 960 | + | |
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| 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 | + | |
---|
| 995 | + | |
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| 996 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 997 | + | R01-HB.docx } |
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| 998 | + | 27 of 84 |
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| 999 | + | |
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| 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 | + | |
---|
| 1034 | + | |
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| 1035 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1036 | + | R01-HB.docx } |
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| 1037 | + | 28 of 84 |
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| 1038 | + | |
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| 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 | + | |
---|
| 1075 | + | |
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| 1076 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1077 | + | R01-HB.docx } |
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| 1078 | + | 29 of 84 |
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| 1079 | + | |
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| 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 | + | |
---|
| 1114 | + | |
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| 1115 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1116 | + | R01-HB.docx } |
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| 1117 | + | 30 of 84 |
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| 1118 | + | |
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| 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 |
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| 1150 | + | |
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| 1151 | + | |
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| 1152 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1153 | + | R01-HB.docx } |
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| 1154 | + | 31 of 84 |
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| 1155 | + | |
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| 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 | + | |
---|
| 1190 | + | |
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| 1191 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1192 | + | R01-HB.docx } |
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| 1193 | + | 32 of 84 |
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| 1194 | + | |
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| 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 | + | |
---|
| 1229 | + | |
---|
| 1230 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1231 | + | R01-HB.docx } |
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| 1232 | + | 33 of 84 |
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| 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 | + | |
---|
| 1267 | + | |
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| 1270 | + | 34 of 84 |
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| 1271 | + | |
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| 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 | + | |
---|
| 1306 | + | |
---|
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| 1308 | + | R01-HB.docx } |
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| 1309 | + | 35 of 84 |
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| 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 | + | |
---|
| 1345 | + | |
---|
| 1346 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1347 | + | R01-HB.docx } |
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| 1348 | + | 36 of 84 |
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| 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 | + | |
---|
| 1384 | + | |
---|
| 1385 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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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 |
---|
| 1422 | + | |
---|
| 1423 | + | |
---|
| 1424 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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---|
| 1426 | + | 38 of 84 |
---|
| 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 |
---|
| 1460 | + | |
---|
| 1461 | + | |
---|
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---|
| 1464 | + | 39 of 84 |
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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 |
---|
| 1499 | + | |
---|
| 1500 | + | |
---|
| 1501 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1502 | + | R01-HB.docx } |
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| 1503 | + | 40 of 84 |
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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 |
---|
| 1537 | + | |
---|
| 1538 | + | |
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| 1541 | + | 41 of 84 |
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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 |
---|
| 1574 | + | |
---|
| 1575 | + | |
---|
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| 1578 | + | 42 of 84 |
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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 |
---|
| 1611 | + | |
---|
| 1612 | + | |
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| 1615 | + | 43 of 84 |
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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 |
---|
| 1648 | + | |
---|
| 1649 | + | |
---|
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| 1652 | + | 44 of 84 |
---|
| 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 |
---|
| 1683 | + | |
---|
| 1684 | + | |
---|
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| 1687 | + | 45 of 84 |
---|
| 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 |
---|
| 1722 | + | |
---|
| 1723 | + | |
---|
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| 1726 | + | 46 of 84 |
---|
| 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 |
---|
| 1761 | + | |
---|
| 1762 | + | |
---|
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---|
| 1765 | + | 47 of 84 |
---|
| 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 |
---|
| 1800 | + | |
---|
| 1801 | + | |
---|
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| 1804 | + | 48 of 84 |
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| 1805 | + | |
---|
| 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 | + | |
---|
| 1840 | + | |
---|
| 1841 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1842 | + | R01-HB.docx } |
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| 1843 | + | 49 of 84 |
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| 1844 | + | |
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| 1845 | + | expiration of such time period, the person, association, corporation, firm 1538 |
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| 1846 | + | or partnership shall only require a consumer to pay the reduced price 1539 |
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| 1847 | + | disclosed in such sign for such consumer commodity. 1540 |
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| 1848 | + | (c) (1) The Commissioner of Consumer Protection may adopt 1541 |
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| 1849 | + | regulations, in accordance with the provisions of chapter 54, concerning 1542 |
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| 1850 | + | the marking of prices, and use of universal product coding, on each unit 1543 |
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| 1851 | + | of a consumer commodity. 1544 |
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| 1852 | + | (2) The Commissioner of Consumer Protection may adopt 1545 |
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| 1853 | + | regulations, in accordance with the provisions of chapter 54, designating 1546 |
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| 1854 | + | not more than twelve consumer commodities that need not be marked 1547 |
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| 1855 | + | in accordance with the provisions of subdivision (1) of subsection (b) of 1548 |
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| 1856 | + | this section and specifying the method of providing adequate disclosure 1549 |
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| 1857 | + | to consumers to [insure] ensure that the electronic pricing of the 1550 |
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| 1858 | + | designated consumer commodities is accurate. The commissioner may 1551 |
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| 1859 | + | also establish, by regulation, methods to protect consumers against 1552 |
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| 1860 | + | electronic pricing errors of such designated consumer commodities and 1553 |
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| 1861 | + | to [insure] ensure that the electronic prices of such designated consumer 1554 |
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| 1862 | + | commodities are accurate. Among the methods that the commissioner 1555 |
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| 1863 | + | may consider are conditions similar to those set forth in subdivision (5) 1556 |
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| 1864 | + | of subsection (b) of this section. 1557 |
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| 1865 | + | (d) The Commissioner of Consumer Protection, after providing 1558 |
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| 1866 | + | notice and conducting a hearing in accordance with the provisions of 1559 |
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| 1867 | + | chapter 54, may issue a warning citation to, or impose a civil penalty of 1560 |
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| 1868 | + | not more than one hundred dollars for the first offense and not more 1561 |
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| 1869 | + | than five hundred dollars for each subsequent offense on, any person [,] 1562 |
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| 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 |
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| 1873 | + | person who, or association, corporation, firm [,] or partnership [, 1566 |
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| 1874 | + | association or corporation] that, violates any provision of subsection (b) 1567 |
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| 1875 | + | of this section, or any regulation adopted pursuant to subsection (c) of 1568 |
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| 1876 | + | this section, shall be fined not more than two hundred dollars for the 1569 |
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| 1877 | + | first offense and not more than one thousand dollars for each 1570 Substitute Bill No. 5330 |
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| 1878 | + | |
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| 1879 | + | |
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| 1880 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1881 | + | R01-HB.docx } |
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| 1882 | + | 50 of 84 |
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| 1883 | + | |
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| 1884 | + | subsequent offense. Each violation with respect to all units of a 1571 |
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| 1885 | + | particular consumer commodity on any single day shall be deemed a 1572 |
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| 1886 | + | single offense. 1573 |
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| 1887 | + | Sec. 36. Section 21a-79b of the general statutes is repealed and the 1574 |
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| 1888 | + | following is substituted in lieu thereof (Effective from passage): 1575 |
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| 1889 | + | (a) For the purposes of this section, "consumer commodity" has the 1576 |
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| 1890 | + | same meaning as provided in section [21a-73, except that "consumer 1577 |
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| 1891 | + | commodity" does not include alcoholic liquor, as defined in subdivision 1578 |
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| 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 |
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| 1895 | + | by this act, and except as provided in subdivision (2) of this subsection, 1582 |
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| 1896 | + | if a retailer offers to a consumer a consumer commodity, including, but 1583 |
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| 1897 | + | not limited to, [fruits] any fruit or [vegetables] vegetable weighed at the 1584 |
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| 1898 | + | point of sale, [is offered for sale by a retailer] and [its] the price of the 1585 |
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| 1899 | + | consumer commodity to the consumer at the point of sale is [higher] 1586 |
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| 1900 | + | greater than the [posted or] advertised or posted retail price for such 1587 |
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| 1901 | + | consumer commodity, [then] such retailer shall give such consumer 1588 |
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| 1902 | + | commodity [, up to a value of twenty dollars, shall be given] to [the] 1589 |
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| 1903 | + | such consumer, at no cost to such consumer, if the value of such 1590 |
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| 1904 | + | consumer commodity is not more than twenty dollars. [A conspicuous] 1591 |
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| 1905 | + | Retailers shall post a sign, [shall] in a conspicuous location, which 1592 |
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| 1906 | + | adequately [disclose] discloses to [the consumer] consumers that in the 1593 |
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| 1907 | + | event [such] the retail price of a consumer commodity is [higher] greater 1594 |
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| 1908 | + | than the [posted or] advertised or posted retail price [,] for the consumer 1595 |
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| 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 |
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| 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 |
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| 1913 | + | paper coupon which, if properly redeemed, would reduce the price of a 1600 |
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| 1914 | + | consumer commodity, or (B) fails to remove a sign adjoining a consumer 1601 |
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| 1915 | + | commodity and disclosing a time-limited reduced price for the 1602 Substitute Bill No. 5330 |
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| 1916 | + | |
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| 1917 | + | |
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| 1918 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1919 | + | R01-HB.docx } |
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| 1920 | + | 51 of 84 |
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| 1921 | + | |
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| 1922 | + | consumer commodity after the time period specified for such reduced 1603 |
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| 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 |
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| 1953 | + | |
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| 1954 | + | |
---|
| 1955 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 1956 | + | R01-HB.docx } |
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| 1957 | + | 52 of 84 |
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| 1958 | + | |
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| 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 | + | |
---|
| 1992 | + | |
---|
| 1993 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 1994 | + | R01-HB.docx } |
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| 1995 | + | 53 of 84 |
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| 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 | + | |
---|
| 2030 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2031 | + | R01-HB.docx } |
---|
| 2032 | + | 54 of 84 |
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| 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 | + | |
---|
| 2068 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2069 | + | R01-HB.docx } |
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| 2070 | + | 55 of 84 |
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| 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 | + | |
---|
| 2106 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2107 | + | R01-HB.docx } |
---|
| 2108 | + | 56 of 84 |
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| 2109 | + | |
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| 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 | + | |
---|
| 2144 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2145 | + | R01-HB.docx } |
---|
| 2146 | + | 57 of 84 |
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| 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 | + | |
---|
| 2180 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2181 | + | R01-HB.docx } |
---|
| 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 | + | |
---|
| 2216 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2217 | + | R01-HB.docx } |
---|
| 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 | + | |
---|
| 2251 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2252 | + | R01-HB.docx } |
---|
| 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 | + | |
---|
| 2286 | + | |
---|
| 2287 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2288 | + | R01-HB.docx } |
---|
| 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 | + | |
---|
| 2323 | + | |
---|
| 2324 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2325 | + | R01-HB.docx } |
---|
| 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 | + | |
---|
| 2361 | + | |
---|
| 2362 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2363 | + | R01-HB.docx } |
---|
| 2364 | + | 63 of 84 |
---|
| 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 | + | |
---|
| 2398 | + | |
---|
| 2399 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2400 | + | R01-HB.docx } |
---|
| 2401 | + | 64 of 84 |
---|
| 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 | + | |
---|
| 2437 | + | |
---|
| 2438 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2439 | + | R01-HB.docx } |
---|
| 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 | + | |
---|
| 2474 | + | |
---|
| 2475 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 2476 | + | R01-HB.docx } |
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| 2477 | + | 66 of 84 |
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| 2478 | + | |
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| 2479 | + | [partnership,] association, corporation, limited liability company or 2070 |
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| 2480 | + | [corporation] partnership that performs appraisal management 2071 |
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| 2481 | + | services, [. "Appraisal management company"] but does not include: 2072 |
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| 2482 | + | (A) An appraiser that enters into [a] an oral or written [or oral] 2073 |
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| 2483 | + | agreement with another appraiser for the performance of an appraisal, 2074 |
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| 2484 | + | which is signed by both appraisers upon completion; 2075 |
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| 2485 | + | (B) An appraisal management company that is a subsidiary owned 2076 |
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| 2486 | + | and controlled by a financial institution regulated by a federal financial 2077 |
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| 2487 | + | institution regulatory agency; [. For the purposes of this subdivision, 2078 |
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| 2488 | + | "financial institution" means a bank, as defined in section 36a-2, an out-2079 |
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| 2489 | + | of-state bank, as defined in section 36a-2, an institutional lender, any 2080 |
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| 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 |
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| 2492 | + | (C) A department or [unit of a financial institution subject to 2083 |
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| 2493 | + | regulation by an agency or department of the United States government 2084 |
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| 2494 | + | or an agency of this state that only receives appraisal requests from an 2085 |
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| 2495 | + | employee of such financial institution] division of an entity that 2086 |
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| 2496 | + | provides appraisal management services exclusively to such entity; or 2087 |
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| 2497 | + | (D) Any local, state or federal agency or department thereof. 2088 |
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| 2498 | + | (4) "Appraisal management services" means: [any of the following:] 2089 |
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| 2499 | + | (A) The administration of an appraiser panel; 2090 |
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| 2500 | + | (B) The recruitment of certified appraisers to be part of an appraiser 2091 |
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| 2501 | + | panel, including, but not limited to, the negotiation of fees to be paid to, 2092 |
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| 2502 | + | and services to be provided by, [such] the certified appraisers for their 2093 |
---|
| 2503 | + | participation on [such] the appraiser panel; or 2094 |
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| 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 |
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| 2506 | + | appraiser panel. 2097 Substitute Bill No. 5330 |
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| 2507 | + | |
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| 2508 | + | |
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| 2509 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2510 | + | R01-HB.docx } |
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| 2511 | + | 67 of 84 |
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| 2512 | + | |
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| 2513 | + | (5) "Appraiser panel" means a network of appraisers who are certified 2098 |
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| 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 |
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| 2522 | + | (B) Been selected and approved by [such] the appraisal management 2107 |
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| 2523 | + | company. 2108 |
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| 2524 | + | (6) "Bank" has the same meaning as provided in section 36a-2. 2109 |
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| 2525 | + | [(6)] (7) "Certified appraiser" means a person who has satisfied the 2110 |
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| 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 |
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| 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 |
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| 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 |
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| 2542 | + | |
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| 2543 | + | |
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| 2544 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2545 | + | R01-HB.docx } |
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| 2546 | + | 68 of 84 |
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| 2547 | + | |
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| 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 |
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| 2577 | + | |
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| 2578 | + | |
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| 2579 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2580 | + | R01-HB.docx } |
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| 2581 | + | 69 of 84 |
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| 2582 | + | |
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| 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 |
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| 2610 | + | |
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| 2611 | + | |
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| 2612 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2614 | + | 70 of 84 |
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| 2615 | + | |
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| 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 | + | |
---|
| 2650 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2652 | + | 71 of 84 |
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| 2653 | + | |
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| 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 | + | |
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| 2687 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2689 | + | 72 of 84 |
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| 2690 | + | |
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| 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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| 2724 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2726 | + | 73 of 84 |
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| 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 | + | |
---|
| 2762 | + | |
---|
| 2763 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2765 | + | 74 of 84 |
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| 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 | + | |
---|
| 2800 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2801 | + | R01-HB.docx } |
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| 2802 | + | 75 of 84 |
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| 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 |
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| 2835 | + | |
---|
| 2836 | + | |
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| 2837 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2838 | + | R01-HB.docx } |
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| 2839 | + | 76 of 84 |
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| 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 | + | |
---|
| 2874 | + | |
---|
| 2875 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2876 | + | R01-HB.docx } |
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| 2877 | + | 77 of 84 |
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| 2878 | + | |
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| 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 | + | |
---|
| 2915 | + | |
---|
| 2916 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2917 | + | R01-HB.docx } |
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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 | + | |
---|
| 2955 | + | |
---|
| 2956 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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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 |
---|
| 2993 | + | |
---|
| 2994 | + | |
---|
| 2995 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 2996 | + | R01-HB.docx } |
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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 | + | |
---|
| 3032 | + | |
---|
| 3033 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 3034 | + | R01-HB.docx } |
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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 | + | |
---|
| 3070 | + | |
---|
| 3071 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
---|
| 3072 | + | R01-HB.docx } |
---|
| 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) |
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| 3105 | + | Sec. 24 from passage 30-22(e) |
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| 3106 | + | Sec. 25 from passage 30-22d |
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| 3107 | + | Sec. 26 from passage 30-22e(c) |
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| 3108 | + | Sec. 27 from passage 30-35b |
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| 3109 | + | Sec. 28 from passage 30-81 |
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| 3110 | + | Sec. 29 from passage 30-90 |
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| 3111 | + | Sec. 30 from passage 20-578 |
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| 3112 | + | Sec. 31 from passage 20-617a Substitute Bill No. 5330 |
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| 3113 | + | |
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| 3114 | + | |
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| 3115 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 3116 | + | R01-HB.docx } |
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| 3117 | + | 83 of 84 |
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| 3118 | + | |
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| 3119 | + | Sec. 32 from passage 20-621a(a) |
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| 3120 | + | Sec. 33 from passage 21a-248 |
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| 3121 | + | Sec. 34 from passage 28-32 |
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| 3122 | + | Sec. 35 from passage 21a-79 |
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| 3123 | + | Sec. 36 from passage 21a-79b |
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| 3124 | + | Sec. 37 from passage 42-133ff |
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| 3125 | + | Sec. 38 July 1, 2022 New section |
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| 3126 | + | Sec. 39 from passage 16a-17 |
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| 3127 | + | Sec. 40 from passage 16a-21(b) |
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| 3128 | + | Sec. 41 from passage 16a-23m(a) |
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| 3129 | + | Sec. 42 from passage 16a-23o |
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| 3130 | + | Sec. 43 from passage 20-334d |
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| 3131 | + | Sec. 44 from passage 20-500 |
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| 3132 | + | Sec. 45 from passage 20-670 |
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| 3133 | + | Sec. 46 from passage New section |
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| 3134 | + | Sec. 47 from passage 20-338d |
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| 3135 | + | Sec. 48 from passage 20-681 |
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| 3136 | + | Sec. 49 from passage 21a-10(c) |
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| 3137 | + | Sec. 50 from passage 21a-151 |
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| 3138 | + | Sec. 51 from passage 21a-152 |
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| 3139 | + | Sec. 52 from passage 21a-156 |
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| 3140 | + | Sec. 53 from passage 21a-159 |
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| 3141 | + | Sec. 54 from passage 22-54u(a) |
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| 3142 | + | Sec. 55 from passage Repealer section |
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| 3143 | + | |
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| 3144 | + | GL Joint Favorable Subst. |
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| 3145 | + | Statement of Legislative Commissioners: |
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| 3146 | + | In Section 23(d), "[for beer]" was changed to "[for beer or]" and a comma |
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| 3147 | + | was inserted after "30-16", for consistency; in Section 25(b), "a" was |
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| 3148 | + | bracketed, and "the" was inserted after the closing bracket, for accuracy, |
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| 3149 | + | and "of" was inserted after "premises,", for clarity; in Section 28, "the" |
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| 3150 | + | was inserted before "regulations", for clarity; in Section 34(b), "[drugs |
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| 3151 | + | or] controlled drugs, drugs or" was changed to "drugs, [or] controlled |
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| 3152 | + | drugs or", for clarity; in Section 35(a)(3), "consumer commodity" was |
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| 3153 | + | bracketed, and ""consumer commodity"" was inserted after the closing |
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| 3154 | + | bracket, for consistency; in Section 39(b)(8), "who" was inserted after |
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| 3155 | + | "individuals", the opening bracket was struck before "corporation" and |
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| 3156 | + | the opening bracket was inserted before the comma after "partnership", |
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| 3157 | + | and a comma was inserted after "that", for consistency; in Section 43(e), |
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| 3158 | + | "the same" was changed to "such recordings", for clarity; in Section Substitute Bill No. 5330 |
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| 3159 | + | |
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| 3160 | + | |
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| 3161 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05330- |
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| 3162 | + | R01-HB.docx } |
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| 3163 | + | 84 of 84 |
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| 3164 | + | |
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| 3165 | + | 44(3)(C), "that" was changed to "such", for consistency; in Section 46(b), |
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| 3166 | + | a comma was inserted after "section", for clarity; in Section 50(1), "an" |
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| 3167 | + | was deleted, for clarity; and in Section 51(b)(1), a comma was inserted |
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| 3168 | + | after "meal", for consistency. |
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