Connecticut 2023 Regular Session

Connecticut House Bill HB06241 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6241
	8	+	January Session, 2023
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4		-	Substitute House Bill No. 6241
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6		-	Public Act No. 23-49
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9	14		AN ACT CONCERNING FARM WINERY PERMITTEES.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. Subsection (c) of section 30-16 of the general statutes is
14		-	repealed and the following is substituted in lieu thereof (Effective from
15		-	passage):
16		-	(c) (1) A manufacturer permit for a farm winery shall be in all respects
17		-	the same as a manufacturer permit, except that the scope of operations
18		-	of the holder shall be limited to wine and brandies distilled from grape
19		-	products or other fruit products, including grappa and eau-de-vie. As
20		-	used in this section, "farm winery" means any place or premises that is
21		-	located on a farm in the state in which wine is manufactured and sold.
22		-	(2) Such permit shall, at the single principal premises of the farm
23		-	winery, authorize (A) the sale in bulk by the holder thereof from the
24		-	premises where the products are manufactured pursuant to such
25		-	permit; (B) as to a manufacturer who produces one hundred thousand
26		-	gallons of wine or less per year, the sale and shipment by the holder
27		-	thereof to a retailer of wine manufactured by the farm winery permittee
28		-	in the original sealed containers of not more than fifteen gallons per
29		-	container; (C) the sale and shipment by the holder thereof of wine
30		-	manufactured by the farm winery permittee to persons outside the state; Substitute House Bill No. 6241
	18	+	Section 1. Subsection (c) of section 30-16 of the general statutes is 1
	19	+	repealed and the following is substituted in lieu thereof (Effective from 2
	20	+	passage): 3
	21	+	(c) (1) A manufacturer permit for a farm winery shall be in all 4
	22	+	respects the same as a manufacturer permit, except that the scope of 5
	23	+	operations of the holder shall be limited to wine and brandies distilled 6
	24	+	from grape products or other fruit products, including grappa and 7
	25	+	eau-de-vie. As used in this section, "farm winery" means any place or 8
	26	+	premises that is located on a farm in the state in which wine is 9
	27	+	manufactured and sold. 10
	28	+	(2) Such permit shall, at the single principal premises of the farm 11
	29	+	winery, authorize (A) the sale in bulk by the holder thereof from the 12
	30	+	premises where the products are manufactured pursuant to such 13
	31	+	permit; (B) as to a manufacturer who produces one hundred thousand 14
	32	+	gallons of wine or less per year, the sale and shipment by the holder 15
	33	+	thereof to a retailer of wine manufactured by the farm winery 16
	34	+	permittee in the original sealed containers of not more than fifteen 17
	35	+	gallons per container; (C) the sale and shipment by the holder thereof 18
	36	+	of wine manufactured by the farm winery permittee to persons outside 19 Substitute Bill No. 6241
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32		-	Public Act No. 23-49 2 of 5
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34		-	(D) the offering and tasting of free samples of such wine or brandy,
35		-	dispensed out of bottles or containers having capacities of not more than
36		-	two gallons per bottle or container, to visitors and prospective retail
37		-	customers for consumption on the premises of the farm winery
38		-	permittee; (E) the sale at retail from the premises of sealed bottles or
39		-	other sealed containers of such wine or brandy for consumption off the
40		-	premises; (F) the sale at retail from the premises of wine or brandy by
41		-	the glass and bottle to visitors on the premises of the farm winery
42		-	permittee for consumption on the premises; and (G) subject to the
43		-	provisions of subdivision (3) of this subsection, the sale and delivery or
44		-	shipment of wine manufactured by the permittee directly to a consumer
45		-	in this state. Notwithstanding the provisions of subparagraphs (D), (E)
46		-	and (F) of this subdivision, a town may, by ordinance or zoning
47		-	regulation, prohibit any such offering, tasting or selling at retail at
48		-	premises within such town for which a manufacturer permit for a farm
49		-	winery has been issued.
50		-	(3) A permittee, when selling and shipping wine directly to a
51		-	consumer in this state, shall: (A) Ensure that the shipping labels on all
52		-	containers of wine shipped directly to a consumer in this state
53		-	conspicuously state the following: "CONTAINS ALCOHOL —
54		-	SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR
55		-	DELIVERY"; (B) obtain the signature of a person age twenty-one or
56		-	older at the address prior to delivery, after requiring the signer to
57		-	demonstrate that [he or she] such signer is age twenty-one or older by
58		-	providing a valid motor vehicle operator's license or a valid identity
59		-	card described in section 1-1h; (C) not ship more than five gallons of
60		-	wine in any two-month period to any person in this state; (D) pay, to the
61		-	Department of Revenue Services, all sales taxes and alcoholic beverage
62		-	taxes due under chapters 219 and 220 on sales of wine to consumers in
63		-	this state, and file, with said department, all sales tax returns and
64		-	alcoholic beverage tax returns relating to such sales; (E) report to the
65		-	Department of Consumer Protection a separate and complete record of Substitute House Bill No. 6241
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67		-	Public Act No. 23-49 3 of 5
	43	+	the state; (D) the offering and tasting of free samples of such wine or 20
	44	+	brandy, dispensed out of bottles or containers having capacities of not 21
	45	+	more than two gallons per bottle or container, to visitors and 22
	46	+	prospective retail customers for consumption on the premises of the 23
	47	+	farm winery permittee; (E) the sale at retail from the premises of sealed 24
	48	+	bottles or other sealed containers of such wine or brandy for 25
	49	+	consumption off the premises; (F) the sale at retail from the premises of 26
	50	+	wine or brandy by the glass and bottle to visitors on the premises of 27
	51	+	the farm winery permittee for consumption on the premises; and (G) 28
	52	+	subject to the provisions of subdivision (3) of this subsection, the sale 29
	53	+	and delivery or shipment of wine manufactured by the permittee 30
	54	+	directly to a consumer in this state. Notwithstanding the provisions of 31
	55	+	subparagraphs (D), (E) and (F) of this subdivision, a town may, by 32
	56	+	ordinance or zoning regulation, prohibit any such offering, tasting or 33
	57	+	selling at retail at premises within such town for which a manufacturer 34
	58	+	permit for a farm winery has been issued. 35
	59	+	(3) A permittee, when selling and shipping wine directly to a 36
	60	+	consumer in this state, shall: (A) Ensure that the shipping labels on all 37
	61	+	containers of wine shipped directly to a consumer in this state 38
	62	+	conspicuously state the following: "CONTAINS ALCOHOL —39
	63	+	SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR 40
	64	+	DELIVERY"; (B) obtain the signature of a person age twenty-one or 41
	65	+	older at the address prior to delivery, after requiring the signer to 42
	66	+	demonstrate that [he or she] such signer is age twenty-one or older by 43
	67	+	providing a valid motor vehicle operator's license or a valid identity 44
	68	+	card described in section 1-1h; (C) not ship more than five gallons of 45
	69	+	wine in any two-month period to any person in this state; (D) pay, to 46
	70	+	the Department of Revenue Services, all sales taxes and alcoholic 47
	71	+	beverage taxes due under chapters 219 and 220 on sales of wine to 48
	72	+	consumers in this state, and file, with said department, all sales tax 49
	73	+	returns and alcoholic beverage tax returns relating to such sales; (E) 50
	74	+	report to the Department of Consumer Protection a separate and 51
	75	+	complete record of all sales and shipments to consumers in the state, 52
	76	+	on a ledger sheet or similar form which readily presents a 53 Substitute Bill No. 6241
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69		-	all sales and shipments to consumers in the state, on a ledger sheet or
70		-	similar form which readily presents a chronological account of such
71		-	permittee's dealings with each such consumer; (F) not ship to any
72		-	address in the state where the sale of alcoholic liquor is prohibited by
73		-	local option pursuant to section 30-9; and (G) hold an in-state
74		-	transporter's permit pursuant to section 30-19f or make any such
75		-	shipment through the use of a person who holds such an in-state
76		-	transporter's permit.
77		-	(4) No licensed farm winery may sell any such wine or brandy not
78		-	manufactured by such winery, except a licensed farm winery may sell
79		-	from the premises (A) wine manufactured by another farm winery
80		-	located in this state, and (B) brandy manufactured from fruit harvested
81		-	in this state and distilled off the premises in this state.
82		-	(5) [The] (A) Except as provided in subparagraph (B) of this
83		-	subdivision, the farm winery permittee shall grow on the premises of
84		-	the farm winery or on property under the same ownership and control
85		-	of said permittee or leased by the backer of a farm winery permit or by
86		-	said permittee within the farm winery's principal state an average crop
87		-	of fruit equal to not less than twenty-five per cent of the fruit used in the
88		-	manufacture of the farm winery permittee's wine. An average crop shall
89		-	be defined each year as the average yield of the farm winery permittee's
90		-	two largest annual crops out of the preceding five years, except that
91		-	during the first seven years from the date of issuance of a farm winery
92		-	permit, an average crop shall be defined as three tons of grapes for each
93		-	acre of vineyard farmed by the farm winery permittee. Such seven-year
94		-	period shall not begin anew if the property for which the farm winery
95		-	permit is held is transferred or sold during such seven-year period. In
96		-	the event the farm winery consists of more than one property, the
97		-	aggregate acreage of the farm winery shall not be less than five acres.
98		-	(B) If a farm winery permittee sustains a significant loss of the farm
99		-	winery permittee's crop of fruit, such farm winery permittee shall, not Substitute House Bill No. 6241
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103		-	later than December thirty-first of the year in which such farm winery
104		-	permittee sustains such significant loss, certify to the Commissioner of
105		-	Consumer Protection, in a form and manner prescribed by the
106		-	commissioner, that such farm winery permittee has sustained such
107		-	significant loss. If the commissioner determines, in the commissioner's
108		-	discretion, that such farm winery permittee sustained such significant
109		-	loss through no fault of such farm winery permittee, such farm winery
110		-	permittee's lost crop of fruit shall, for the year in which such farm
111		-	winery permittee sustained such significant loss, be deemed to satisfy
112		-	the average crop requirement established in subparagraph (A) of this
113		-	subdivision. For the purposes of this subparagraph, the commissioner
114		-	shall, in the commissioner's discretion, determine whether a qualitative
115		-	or quantitative reduction in crop yield suffered by a farm winery
116		-	permittee constitutes a significant loss.
117		-	(6) A holder of a manufacturer permit for a farm winery, when
118		-	advertising or offering wine for direct shipment to a consumer in this
119		-	state via the Internet or any other on-line computer network, shall
120		-	clearly and conspicuously state such liquor permit number in its
121		-	advertising.
122		-	(7) A holder of a manufacturer permit for a farm winery may sell and
123		-	offer free tastings of wine manufactured from such winery at a farmers'
124		-	market, as defined in section 22-6r, that is operated as a nonprofit
125		-	enterprise or association, provided such farmers' market invites such
126		-	holder to sell wine at such farmers' market and such holder has a
127		-	farmers' market wine sales permit issued by the Commissioner of
128		-	Consumer Protection in accordance with the provisions of subsection
129		-	(a) of section 30-37o.
130		-	(8) A holder of a manufacturer permit for a farm winery may, with
131		-	the prior approval of the Department of Consumer Protection, sell wine,
132		-	brandies, grappa and eau-de-vie manufactured by such farm winery
133		-	permittee at not more than three retail outlets in addition to such farm Substitute House Bill No. 6241
	83	+	chronological account of such permittee's dealings with each such 54
	84	+	consumer; (F) not ship to any address in the state where the sale of 55
	85	+	alcoholic liquor is prohibited by local option pursuant to section 30-9; 56
	86	+	and (G) hold an in-state transporter's permit pursuant to section 30-19f 57
	87	+	or make any such shipment through the use of a person who holds 58
	88	+	such an in-state transporter's permit. 59
	89	+	(4) No licensed farm winery may sell any such wine or brandy not 60
	90	+	manufactured by such winery, except a licensed farm winery may sell 61
	91	+	from the premises (A) wine manufactured by another farm winery 62
	92	+	located in this state, and (B) brandy manufactured from fruit harvested 63
	93	+	in this state and distilled off the premises in this state. 64
	94	+	(5) [The] (A) Except as provided in subparagraph (B) of this 65
	95	+	subdivision, the farm winery permittee shall grow on the premises of 66
	96	+	the farm winery or on property under the same ownership and control 67
	97	+	of said permittee or leased by the backer of a farm winery permit or by 68
	98	+	said permittee within the farm winery's principal state an average crop 69
	99	+	of fruit equal to not less than twenty-five per cent of the fruit used in 70
	100	+	the manufacture of the farm winery permittee's wine. An average crop 71
	101	+	shall be defined each year as the average yield of the farm winery 72
	102	+	permittee's two largest annual crops out of the preceding five years, 73
	103	+	except that during the first seven years from the date of issuance of a 74
	104	+	farm winery permit, an average crop shall be defined as three tons of 75
	105	+	grapes for each acre of vineyard farmed by the farm winery permittee. 76
	106	+	Such seven-year period shall not begin anew if the property for which 77
	107	+	the farm winery permit is held is transferred or sold during such 78
	108	+	seven-year period. In the event the farm winery consists of more than 79
	109	+	one property, the aggregate acreage of the farm winery shall not be 80
	110	+	less than five acres. 81
	111	+	(B) If a farm winery permittee sustains a total loss of the farm 82
	112	+	winery permittee's crop of fruit, such farm winery permittee shall, not 83
	113	+	later than December thirty-first of the year in which such farm winery 84
	114	+	permittee sustains such total loss, certify to the Commissioner of 85
	115	+	Agriculture, in a form and manner prescribed by the Commissioner of 86 Substitute Bill No. 6241
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137		-	winery permittee's permit premises, provided (A) each such retail outlet
138		-	is located on land that is leased or owned by the backer of the farm
139		-	winery permit and such farm winery permittee utilizes such land to
140		-	grow fruit and produce alcoholic beverages manufactured exclusively
141		-	by the farm winery, and (B) no such retail outlet is located within a
142		-	grocery store, as defined in section 30-20, or any other retail outlet unless
143		-	otherwise permitted under the general statutes.
144		-	[(8)] (9) The annual fee for a manufacturer permit for a farm winery
145		-	shall be three hundred dollars.
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	122	+	Agriculture, that such farm winery permittee has sustained such total 87
	123	+	loss. If the Commissioner of Agriculture determines, in the 88
	124	+	Commissioner of Agriculture's discretion, that such farm winery 89
	125	+	permittee sustained such total loss through no fault of such farm 90
	126	+	winery permittee, such farm winery permittee's crop of fruit for the 91
	127	+	year in which such farm winery permittee sustained such total loss 92
	128	+	shall not be deemed to constitute part of, count toward or be used to 93
	129	+	determine whether such farm winery permittee's crop of fruit satisfies 94
	130	+	the average crop requirement established in subparagraph (A) of this 95
	131	+	subdivision. For the purposes of this subparagraph, the Commissioner 96
	132	+	of Agriculture shall, in the Commissioner of Agriculture's discretion, 97
	133	+	determine whether a qualitative or quantitative reduction in crop yield 98
	134	+	suffered by a farm winery permittee constitutes a total loss. 99
	135	+	(6) A holder of a manufacturer permit for a farm winery, when 100
	136	+	advertising or offering wine for direct shipment to a consumer in this 101
	137	+	state via the Internet or any other on-line computer network, shall 102
	138	+	clearly and conspicuously state such liquor permit number in its 103
	139	+	advertising. 104
	140	+	(7) A holder of a manufacturer permit for a farm winery may sell 105
	141	+	and offer free tastings of wine manufactured from such winery at a 106
	142	+	farmers' market, as defined in section 22-6r, that is operated as a 107
	143	+	nonprofit enterprise or association, provided such farmers' market 108
	144	+	invites such holder to sell wine at such farmers' market and such 109
	145	+	holder has a farmers' market wine sales permit issued by the 110
	146	+	Commissioner of Consumer Protection in accordance with the 111
	147	+	provisions of subsection (a) of section 30-37o. 112
	148	+	(8) A holder of a manufacturer permit for a farm winery may, with 113
	149	+	the prior approval of the Department of Consumer Protection, sell 114
	150	+	wine, brandies, grappa and eau-de-vie manufactured by such farm 115
	151	+	winery permittee at not more than three retail outlets in addition to 116
	152	+	such farm winery permittee's permit premises, provided (A) each such 117
	153	+	retail outlet is located on land that is leased or owned by the backer of 118
	154	+	the farm winery permit and such farm winery permittee utilizes such 119 Substitute Bill No. 6241
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	161	+	land to grow fruit or produce alcoholic beverages manufactured by the 120
	162	+	farm winery, and (B) no such retail outlet is located within a grocery 121
	163	+	store, as defined in section 30-20. 122
	164	+	[(8)] (9) The annual fee for a manufacturer permit for a farm winery 123
	165	+	shall be three hundred dollars. 124
	166	+	This act shall take effect as follows and shall amend the following
	167	+	sections:
	168	+
	169	+	Section 1 from passage 30-16(c)
	170	+
	171	+	GL Joint Favorable Subst.
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