Substitute House Bill No. 6241
Public Act No. 23-49
AN ACT CONCERNING FARM WINERY PERMITTEES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (c) of section 30-16 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) (1) A manufacturer permit for a farm winery shall be in all respects
the same as a manufacturer permit, except that the scope of operations
of the holder shall be limited to wine and brandies distilled from grape
products or other fruit products, including grappa and eau-de-vie. As
used in this section, "farm winery" means any place or premises that is
located on a farm in the state in which wine is manufactured and sold.
(2) Such permit shall, at the single principal premises of the farm
winery, authorize (A) the sale in bulk by the holder thereof from the
premises where the products are manufactured pursuant to such
permit; (B) as to a manufacturer who produces one hundred thousand
gallons of wine or less per year, the sale and shipment by the holder
thereof to a retailer of wine manufactured by the farm winery permittee
in the original sealed containers of not more than fifteen gallons per
container; (C) the sale and shipment by the holder thereof of wine
manufactured by the farm winery permittee to persons outside the state; Substitute House Bill No. 6241
Public Act No. 23-49 2 of 5
(D) the offering and tasting of free samples of such wine or brandy,
dispensed out of bottles or containers having capacities of not more than
two gallons per bottle or container, to visitors and prospective retail
customers for consumption on the premises of the farm winery
permittee; (E) the sale at retail from the premises of sealed bottles or
other sealed containers of such wine or brandy for consumption off the
premises; (F) the sale at retail from the premises of wine or brandy by
the glass and bottle to visitors on the premises of the farm winery
permittee for consumption on the premises; and (G) subject to the
provisions of subdivision (3) of this subsection, the sale and delivery or
shipment of wine manufactured by the permittee directly to a consumer
in this state. Notwithstanding the provisions of subparagraphs (D), (E)
and (F) of this subdivision, a town may, by ordinance or zoning
regulation, prohibit any such offering, tasting or selling at retail at
premises within such town for which a manufacturer permit for a farm
winery has been issued.
(3) A permittee, when selling and shipping wine directly to a
consumer in this state, shall: (A) Ensure that the shipping labels on all
containers of wine shipped directly to a consumer in this state
conspicuously state the following: "CONTAINS ALCOHOL —
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR
DELIVERY"; (B) obtain the signature of a person age twenty-one or
older at the address prior to delivery, after requiring the signer to
demonstrate that [he or she] such signer is age twenty-one or older by
providing a valid motor vehicle operator's license or a valid identity
card described in section 1-1h; (C) not ship more than five gallons of
wine in any two-month period to any person in this state; (D) pay, to the
Department of Revenue Services, all sales taxes and alcoholic beverage
taxes due under chapters 219 and 220 on sales of wine to consumers in
this state, and file, with said department, all sales tax returns and
alcoholic beverage tax returns relating to such sales; (E) report to the
Department of Consumer Protection a separate and complete record of Substitute House Bill No. 6241
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all sales and shipments to consumers in the state, on a ledger sheet or
similar form which readily presents a chronological account of such
permittee's dealings with each such consumer; (F) not ship to any
address in the state where the sale of alcoholic liquor is prohibited by
local option pursuant to section 30-9; and (G) hold an in-state
transporter's permit pursuant to section 30-19f or make any such
shipment through the use of a person who holds such an in-state
transporter's permit.
(4) No licensed farm winery may sell any such wine or brandy not
manufactured by such winery, except a licensed farm winery may sell
from the premises (A) wine manufactured by another farm winery
located in this state, and (B) brandy manufactured from fruit harvested
in this state and distilled off the premises in this state.
(5) [The] (A) Except as provided in subparagraph (B) of this
subdivision, the farm winery permittee shall grow on the premises of
the farm winery or on property under the same ownership and control
of said permittee or leased by the backer of a farm winery permit or by
said permittee within the farm winery's principal state an average crop
of fruit equal to not less than twenty-five per cent of the fruit used in the
manufacture of the farm winery permittee's wine. An average crop shall
be defined each year as the average yield of the farm winery permittee's
two largest annual crops out of the preceding five years, except that
during the first seven years from the date of issuance of a farm winery
permit, an average crop shall be defined as three tons of grapes for each
acre of vineyard farmed by the farm winery permittee. Such seven-year
period shall not begin anew if the property for which the farm winery
permit is held is transferred or sold during such seven-year period. In
the event the farm winery consists of more than one property, the
aggregate acreage of the farm winery shall not be less than five acres.
(B) If a farm winery permittee sustains a significant loss of the farm
winery permittee's crop of fruit, such farm winery permittee shall, not Substitute House Bill No. 6241
Public Act No. 23-49 4 of 5
later than December thirty-first of the year in which such farm winery
permittee sustains such significant loss, certify to the Commissioner of
Consumer Protection, in a form and manner prescribed by the
commissioner, that such farm winery permittee has sustained such
significant loss. If the commissioner determines, in the commissioner's
discretion, that such farm winery permittee sustained such significant
loss through no fault of such farm winery permittee, such farm winery
permittee's lost crop of fruit shall, for the year in which such farm
winery permittee sustained such significant loss, be deemed to satisfy
the average crop requirement established in subparagraph (A) of this
subdivision. For the purposes of this subparagraph, the commissioner
shall, in the commissioner's discretion, determine whether a qualitative
or quantitative reduction in crop yield suffered by a farm winery
permittee constitutes a significant loss.
(6) A holder of a manufacturer permit for a farm winery, when
advertising or offering wine for direct shipment to a consumer in this
state via the Internet or any other on-line computer network, shall
clearly and conspicuously state such liquor permit number in its
advertising.
(7) A holder of a manufacturer permit for a farm winery may sell and
offer free tastings of wine manufactured from such winery at a farmers'
market, as defined in section 22-6r, that is operated as a nonprofit
enterprise or association, provided such farmers' market invites such
holder to sell wine at such farmers' market and such holder has a
farmers' market wine sales permit issued by the Commissioner of
Consumer Protection in accordance with the provisions of subsection
(a) of section 30-37o.
(8) A holder of a manufacturer permit for a farm winery may, with
the prior approval of the Department of Consumer Protection, sell wine,
brandies, grappa and eau-de-vie manufactured by such farm winery
permittee at not more than three retail outlets in addition to such farm Substitute House Bill No. 6241
Public Act No. 23-49 5 of 5
winery permittee's permit premises, provided (A) each such retail outlet
is located on land that is leased or owned by the backer of the farm
winery permit and such farm winery permittee utilizes such land to
grow fruit and produce alcoholic beverages manufactured exclusively
by the farm winery, and (B) no such retail outlet is located within a
grocery store, as defined in section 30-20, or any other retail outlet unless
otherwise permitted under the general statutes.
[(8)] (9) The annual fee for a manufacturer permit for a farm winery
shall be three hundred dollars.