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General Assembly Raised Bill No. 5234
February Session, 2024
LCO No. 1421
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING ALCOHOLIC
LIQUOR REGULATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 30-1 of the 2024 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
For the purposes of this chapter and section 2 of this act, unless the 4
context indicates a different meaning: 5
(1) "Airline" means any (A) United States airline carrier holding a 6
certificate of public convenience and necessity from the Civil 7
Aeronautics Board under Section 401 of the Federal Aviation Act of 8
1958, as amended from time to time, or (B) foreign flag carrier holding a 9
permit under Section 402 of said act. 10
(2) "Alcohol" (A) means the product of distillation of any fermented 11
liquid that is rectified at least once and regardless of such liquid's origin, 12
and (B) includes synthetic ethyl alcohol which is considered nonpotable. 13 Raised Bill No. 5234
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(3) "Alcoholic beverage" and "alcoholic liquor" include the four 14
varieties of liquor defined in subdivisions (2), (5), [(20)] (21) and [(21)] 15
(22) of this section (alcohol, beer, spirits and wine) and every liquid or 16
solid, patented or unpatented, containing alcohol, beer, spirits or wine 17
and at least one-half of one per cent alcohol by volume, and capable of 18
being consumed by a human being as a beverage. Any liquid or solid 19
containing more than one of the four varieties so defined belongs to the 20
variety which has the highest percentage of alcohol according to the 21
following order: Alcohol, spirits, wine and beer, except as provided in 22
subdivision [(21)] (22) of this section. 23
(4) "Backer" means, except in cases where the permittee is the 24
proprietor, the proprietor of any business or club, incorporated or 25
unincorporated, that is engaged in manufacturing or selling alcoholic 26
liquor and in which business a permittee is associated, whether as an 27
agent, employee or part owner. 28
(5) "Beer" means any beverage obtained by the alcoholic fermentation 29
of a decoction or infusion of barley, hops and malt in drinking water. 30
(6) "Boat" means any vessel that is (A) operating on any waterway of 31
this state, and (B) engaged in transporting passengers for hire to or from 32
any port of this state. 33
(7) "Business entity" means any incorporated or unincorporated 34
association, corporation, firm, joint stock company, limited liability 35
company, limited liability partnership, partnership, trust or other legal 36
entity. 37
[(7)] (8) "Case price" means the price of a container made of 38
cardboard, wood or any other material and containing units of the same 39
class and size of alcoholic liquor. A case of alcoholic liquor, other than 40
beer, cocktails, cordials, prepared mixed drinks and wines, shall be in 41
the quantity and number, or fewer, with the permission of the 42
Commissioner of Consumer Protection, of bottles or units as follows: 43
(A) Six one thousand seven hundred fifty milliliter bottles, (B) six one 44
thousand eight hundred milliliter bottles, (C) twelve seven hundred 45 Raised Bill No. 5234
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milliliter bottles, (D) twelve seven hundred twenty milliliter bottles, (E) 46
twelve seven hundred fifty milliliter bottles, (F) twelve nine hundred 47
milliliter bottles, (G) twelve one liter bottles, (H) twenty-four three 48
hundred seventy-five milliliter bottles, (I) forty-eight two hundred 49
milliliter bottles, (J) sixty one hundred milliliter bottles, or (K) one 50
hundred twenty fifty milliliter bottles, except a case of fifty milliliter 51
bottles may be in a quantity and number as originally configured, 52
packaged and sold by the manufacturer or out-of-state shipper prior to 53
shipment if the number of such bottles in such case is not greater than 54
two hundred. The commissioner shall not authorize fewer quantities or 55
numbers of bottles or units as specified in this subdivision for any one 56
person or entity more than eight times in any calendar year. For the 57
purposes of this subdivision, "class" has the same meaning as provided 58
in 27 CFR 4.21 for wine, 27 CFR 5.22 for spirits and 27 CFR 7.24 for beer. 59
[(8)] (9) "Club" has the same meaning as provided in section 30-22aa. 60
[(9)] (10) "Coliseum" has the same meaning as provided in section 30-61
33a. 62
[(10)] (11) "Commission" means the Liquor Control Commission 63
established under this chapter. 64
[(11)] (12) "Department" means the Department of Consumer 65
Protection. 66
[(12)] (13) "Dining room" means any room or rooms (A) located in 67
premises operating under (i) a hotel permit issued under section 30-21, 68
(ii) a restaurant permit issued under subsection (a) of section 30-22, (iii) 69
a restaurant permit for wine and beer issued under subsection (b) of 70
section 30-22, or (iv) a cafe permit issued under section 30-22a, and (B) 71
where meals are customarily served to any member of the public who 72
has means of payment and a proper demeanor. 73
[(13)] (14) "Mead" means fermented honey (A) with or without 74
additions or adjunct ingredients, and (B) regardless of (i) alcohol 75
content, (ii) process, and (iii) whether such honey is carbonated, 76 Raised Bill No. 5234
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sparkling or still. 77
[(14)] (15) "Minor" means any person who is younger than twenty-78
one years of age. 79
[(15)] (16) "Noncommercial entity" means an academic institution, 80
charitable organization, government organization, nonprofit 81
organization or similar entity that is not primarily dedicated to 82
obtaining a commercial advantage or monetary compensation. 83
[(16)] (17) "Nonprofit club" has the same meaning as provided in 84
section 30-22aa. 85
[(17)] (18) (A) "Person" means an individual, including, but not 86
limited to, a partner. 87
(B) "Person" does not include [a corporation, joint stock company, 88
limited liability company or other association of individuals] any 89
business entity. 90
[(18)] (19) (A) "Proprietor" includes all owners of a business or club, 91
incorporated or unincorporated, that is engaged in manufacturing or 92
selling alcoholic liquor, whether such owners are persons, fiduciaries, 93
[joint stock companies] business entities, stockholders of corporations 94
or otherwise. 95
(B) "Proprietor" does not include any person who, or [corporation] 96
business entity that, is merely a creditor, whether as a bond holder, 97
franchisor, landlord or note holder, of a business or club, incorporated 98
or unincorporated, that is engaged in manufacturing or selling alcoholic 99
liquor. 100
[(19)] (20) "Restaurant" has the same meaning as provided in section 101
30-22. 102
[(20)] (21) "Spirits" means any beverage that contains alcohol 103
obtained by distillation mixed with drinkable water and other 104
substances in solution, including brandy, rum, whiskey and gin. 105 Raised Bill No. 5234
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[(21)] (22) "Wine" means any alcoholic beverage obtained by 106
fermenting the natural sugar content of fruits, such as apples, grapes or 107
other agricultural products, containing such sugar, including fortified 108
wines such as port, sherry and champagne. 109
Sec. 2. (NEW) (Effective from passage) (a) Subject to the provisions of 110
subsection (b) of this section, a franchisor or landlord may, without 111
obtaining approval as a backer, receive profits from a franchisee or 112
tenant that is permitted to sell alcoholic liquor under the provisions of 113
chapter 545 of the general statutes, provided the franchisor or landlord 114
does not: 115
(1) Control the operations of the permit premises; 116
(2) Direct sales of alcoholic liquor from the permit premises; or 117
(3) Otherwise engage in activities indicating ownership or 118
proprietorship of the franchisee or tenant. 119
(b) The Department of Consumer Protection may require a franchisor 120
or landlord to obtain approval as a backer in order for the franchisor or 121
landlord to receive profits as set forth in subsection (a) of this section. In 122
determining whether to require a franchisor or landlord to receive such 123
approval, the department shall: 124
(1) Consider the percentage of such profits that the franchisor or 125
landlord receives; and 126
(2) Evaluate whether the franchisor or landlord may (A) supervise, 127
hire, retain or discharge persons employed on the permit premises, (B) 128
set menu selections or prices for the permit premises, (C) establish hours 129
or days of operation for the permit premises, (D) decide whether or 130
when a patio may be used in connection with the operations of the 131
permit premises, (E) order or accept alcoholic liquor deliveries for the 132
permit premises, (F) arrange advertising for the permit premises, 133
including, but not limited to, advertising on the Internet or through 134
social media, (G) dictate decorations for the permit premises, (H) access 135 Raised Bill No. 5234
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banking accounts related to the permit premises, (I) incur debt on behalf 136
of a backer for the permit, and (J) enter into agreements with other 137
entities on behalf of a backer for the permit. 138
Sec. 3. Section 30-4 of the general statutes is repealed and the 139
following is substituted in lieu thereof (Effective from passage): 140
No commissioner of the Liquor Control Commission and no 141
employee of the Department of Consumer Protection who carries out 142
the duties and responsibilities of sections 30-2 to 30-68m, inclusive, and 143
the regulations enacted thereunder may, directly or indirectly, 144
individually or as a member [of a partnership] or owner of a business 145
entity or as a shareholder of a corporation, have any interest whatsoever 146
in dealing in or in the manufacture of alcoholic liquor, nor receive any 147
commission or profit whatsoever from nor have any interest whatsoever 148
in the purchases or sales made by the persons authorized by this chapter 149
to purchase or sell alcoholic liquor. No provision of this section shall 150
prevent any such commissioner or employee from purchasing and 151
keeping in [his] such commissioner's or employee's possession, for [the] 152
personal use [of himself or] by such commissioner or employee, 153
members of [his] such commissioner's or employee's family or guests, 154
any alcoholic liquor which may be purchased or kept by any person by 155
virtue of this chapter. 156
Sec. 4. Section 30-14a of the general statutes is repealed and the 157
following is substituted in lieu thereof (Effective from passage): 158
(a) A package store permit issued under subsection (b) of section 30-159
20 may be renewed by the person to whom [it] such permit was issued 160
or by any person who (1) is a transferee or purchaser of premises 161
operating under a package store permit issued under subsection (b) of 162
section 30-20, and [who] (2) meets the requirements of this chapter 163
concerning eligibility for a liquor permit. Commencing June 8, 1986, the 164
Department of Consumer Protection may issue one package store 165
permit under subsection (b) of section 30-20 for every twenty-five 166
hundred residents of a town as determined by the most recently 167 Raised Bill No. 5234
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completed decennial census. The department may authorize the holder 168
of such permit to remove [his] such holder's permit premises to a 169
location in another town provided such removal complies with the 170
provisions of this chapter. 171
(b) (1) The Department of Consumer Protection may (A) refuse to 172
accept any incomplete application for a package store permit under 173
subsection (b) of section 30-20, and (B) establish a deadline by which an 174
applicant for a package store permit under subsection (b) of section 30-175
20 shall open to the public for continuous operation. 176
(2) If an applicant for a package store permit under subsection (b) of 177
section 30-20 fails to open to the public for continuous operation on or 178
before the deadline established by the Department of Consumer 179
Protection under subparagraph (B) of subdivision (1) of this subsection, 180
the department may deem such applicant's application to have been 181
withdrawn and expired for the purpose of preventing placeholding. For 182
the purposes of this subdivision, "placeholding" means (A) applying for 183
the last available package store permit in a town, and (B) failing to open 184
to the public for continuous operation on or before the deadline 185
established by the department under subparagraph (B) of subdivision 186
(1) of this subsection. 187
Sec. 5. Subsection (a) of section 30-17 of the general statutes is 188
repealed and the following is substituted in lieu thereof (Effective from 189
passage): 190
(a) (1) A wholesaler permit shall allow the bottling of alcoholic liquor 191
and the wholesale sale of alcoholic liquor to permittees in this state and 192
without the state, as may be permitted by law, and the sale of alcoholic 193
liquors to vessels engaged in coastwise or foreign commerce, and the 194
sale of alcohol and alcoholic liquor for industrial purposes to 195
nonpermittees, such sales to be made in accordance with the regulations 196
adopted by the Department of Consumer Protection, and the sale of 197
alcohol and alcoholic liquor for medicinal purposes to hospitals and 198
charitable institutions and to religious organizations for sacramental 199 Raised Bill No. 5234
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purposes and the receipt from out-of-state shippers of multiple 200
packages of alcoholic liquor. The holder of a wholesaler permit may 201
apply for and shall thereupon receive an out-of-state shipper's permit 202
for direct importation from abroad of alcoholic liquors manufactured 203
outside the United States and an out-of-state shipper's permit for direct 204
importation from abroad of beer manufactured outside the United 205
States. The annual fee for a wholesaler permit shall be two thousand six 206
hundred fifty dollars. 207
(2) When a holder of a wholesaler permit has had the distributorship 208
of any alcohol, beer, spirits or wine product of a manufacturer or out-209
of-state shipper for six months or more, such distributorship may be 210
terminated or its geographic territory diminished upon (A) the 211
execution of a written stipulation by the wholesaler and manufacturer 212
or out-of-state shipper agreeing to the change and the approval of such 213
change by the Department of Consumer Protection; or (B) the sending 214
of a written notice by certified or registered mail, return receipt 215
requested, by the manufacturer or out-of-state shipper to the 216
wholesaler, a copy of which notice has been sent simultaneously [by 217
certified or registered mail, return receipt requested,] to the 218
[Department of Consumer Protection] department in a manner 219
prescribed by the Commissioner of Consumer Protection. No such 220
termination or diminishment shall become effective except for just and 221
sufficient cause, provided such cause shall be set forth in such notice 222
and the [Department of Consumer Protection] department shall 223
determine, after hearing, that just and sufficient cause exists. If an 224
emergency occurs, caused by the wholesaler, prior to such hearing, 225
which threatens the manufacturers' or out-of-state shippers' products or 226
otherwise endangers the business of the manufacturer or out-of-state 227
shipper and said emergency is established to the satisfaction of the 228
[Department of Consumer Protection] department, the department may 229
temporarily suspend such wholesaler permit or take whatever 230
reasonable action the department deems advisable to provide for such 231
emergency and the department may continue such temporary action 232
until its decision after a full hearing. The [Department of Consumer 233 Raised Bill No. 5234
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Protection] department shall render its decision with reasonable 234
promptness following such hearing. Notwithstanding the aforesaid, a 235
manufacturer or out-of-state shipper may appoint one or more 236
additional wholesalers as the distributor for an alcohol, spirits or wine 237
product within such territory, provided such appointment shall not be 238
effective until six months from the date such manufacturer or out-of-239
state shipper sets forth such intention in written notice to the existing 240
wholesaler by certified or registered mail, return receipt requested, with 241
a copy of such notice simultaneously sent [by certified or registered 242
mail, return receipt requested,] to the [Department of Consumer 243
Protection] department in a manner prescribed by the Commissioner of 244
Consumer Protection. For just and sufficient cause, a manufacturer or 245
out-of-state shipper may appoint one or more additional wholesalers as 246
the distributor for a beer product within such territory provided such 247
manufacturer or out-of-state shipper sets forth such intention and cause 248
in written notice to the existing wholesaler by certified or registered 249
mail, return receipt requested, with a copy of such notice 250
simultaneously sent [by certified or registered mail, return receipt 251
requested,] to the [Department of Consumer Protection] department in 252
a manner prescribed by the Commissioner of Consumer Protection. 253
Such written notice shall include the name of each additional wholesaler 254
appointed as a distributor and provide a detailed description of the just 255
and sufficient cause necessitating such appointment. For the purposes 256
of this section, "just and sufficient cause" means the existence of 257
circumstances which, in the opinion of a reasonable person considering 258
all of the equities of both the wholesaler and the manufacturer or out-259
of-state shipper warrants a termination or a diminishment of a 260
distributorship as the case may be. For the purposes of this section, 261
"manufacturer or out-of-state shipper" means the manufacturer or out-262
of-state shipper who originally granted a distributorship of any alcohol, 263
beer, spirits or wine product to a wholesaler, any successor to such 264
manufacturer or out-of-state shipper, which successor has assumed the 265
contractual relationship with such wholesaler by assignment or 266
otherwise, or any other manufacturer or out-of-state shipper who 267
acquires the right to ship such alcohol, beer, spirits or wine into the state. 268 Raised Bill No. 5234
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(3) Nothing contained in this section shall be construed to interfere 269
with the authority of the Department of Consumer Protection to retain 270
or adopt reasonable regulations concerning the termination or 271
diminishment of a distributorship held by a wholesaler for less than six 272
months. 273
(4) All hearings held under this section shall be held in accordance 274
with the provisions of chapter 54. 275
Sec. 6. Subsection (b) of section 30-19f of the general statutes is 276
repealed and the following is substituted in lieu thereof (Effective from 277
passage): 278
(b) No [person, corporation, incorporated or unincorporated 279
association, partnership, trust or other legal entity] individual or 280
business entity, except the holder of an out-of-state shipper's permit 281
issued under section 30-18 or 30-19, a manufacturer's permit issued 282
under section 30-16, other than a manufacturer permit for a farm winery 283
or a manufacturer permit for wine, cider and mead, or a wholesaler's 284
permit issued under section 30-17, as amended by this act, shall 285
transport any alcoholic beverages imported into this state unless: [such 286
person: (1) Holds] (1) Such individual or business entity holds an in-287
state transporter's permit issued under section 30-19f, as amended by 288
this act; (2) the tax imposed on such alcoholic liquor under section 12-289
435 has been paid; and (3) if applicable, the tax imposed on the sale of 290
such alcoholic liquor under chapter 219 has been paid. 291
Sec. 7. Subsection (d) of section 30-22b of the general statutes is 292
repealed and the following is substituted in lieu thereof (Effective from 293
passage): 294
(d) "Catering establishment" means any premises that (1) has an 295
adequate, suitable and sanitary kitchen, dining room and facilities to 296
provide hot meals, (2) has no sleeping accommodations for the public, 297
(3) is owned or operated by any [person, firm, association, partnership 298
or corporation] individual who, or business entity that, (A) regularly 299
furnishes for hire on such premises [,] one or more ballrooms, reception 300 Raised Bill No. 5234
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rooms, dining rooms, banquet halls or similar places of assemblage for 301
a particular function, occasion or event, or [that] (B) furnishes provisions 302
and services for consumption or use at [such] any function, occasion or 303
event described in subparagraph (A) of this subdivision, and (4) 304
employs an adequate number of employees on such premises at the time 305
of any [such] function, occasion or event described in subparagraph (A) 306
of subdivision (3) of this subsection. 307
Sec. 8. Section 30-35 of the 2024 supplement to the general statutes is 308
repealed and the following is substituted in lieu thereof (Effective from 309
passage): 310
(a) A temporary liquor permit for a noncommercial entity shall allow 311
the sale of beer, spirits or wine at any fundraising event, outing, picnic 312
or social gathering conducted by a bona fide noncommercial entity, club 313
or golf country club, as described in subsection (g) of section 30-22a, 314
which noncommercial entity, club or golf country club shall be the 315
backer of the permittee under such permit. No for-profit business entity 316
may be the backer of any such permittee. Each temporary liquor permit 317
for a noncommercial entity shall also allow the retail sale of beer, spirits 318
or wine at an in-person or online auction, provided such auction is held 319
as part of a fundraising event to benefit the tax-exempt activities of the 320
noncommercial entity, club or golf country club. All profits from the 321
auction or sale of such beer, spirits or wine shall be retained by the 322
backer or permittee conducting such fundraising event, outing, picnic, 323
social gathering or auction, and no portion of such profits shall be paid, 324
directly or indirectly, to any individual or [other corporation] business 325
entity. Such permit shall be issued subject to the approval of the 326
[department] Department of Consumer Protection and shall be effective 327
only for specified dates and times limited by the department. The 328
combined total of fundraising events, outings, picnics, social gatherings 329
or auctions, for which a temporary liquor permit for a noncommercial 330
entity is issued under this section, shall not exceed twelve in any 331
calendar year and the approved dates and times for each such 332
fundraising event, outing, picnic, social gathering or auction shall be 333
displayed on such permit. Each temporary liquor permit for a 334 Raised Bill No. 5234
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noncommercial entity issued under this section shall be subject to the 335
hours of sale established in subsection (a) of section 30-91 and the 336
combined total of days for which such permit is issued shall not exceed 337
twenty days in any calendar year. The holder of a temporary liquor 338
permit for a noncommercial entity issued under this section shall 339
display such permit, and the days for which such permit has been 340
issued, in a prominent location adjacent to the entrance to the 341
fundraising event, outing, picnic, social gathering or auction. The fee for 342
a temporary liquor permit for a noncommercial entity shall be fifty 343
dollars per day. 344
(b) The holder of a manufacturer permit issued under section 30-16, 345
a wholesaler permit issued under section 30-17, as amended by this act, 346
[or] an out-of-state shipper's permit for alcoholic liquor issued under 347
section 30-18, an out-of-state retail shipper's permit for wine or out-of-348
state winery shipper's permit for wine issued under section 30-18a, an 349
out-of-state shipper's permit for beer issued under section 30-19, a 350
package store permit issued under subsection (b) of section 30-20, a 351
restaurant permit issued under section 30-22 or a cafe permit issued 352
under subsection (c) of section 30-22a may offer tastings for, and donate 353
to, the holder of a temporary liquor permit for a noncommercial entity 354
issued under this section any beer, spirits or wine such manufacturer 355
permittee manufactures, for which such wholesaler permittee holds 356
distribution rights or which such package store permittee sells at retail. 357
Sec. 9. Subsection (b) of section 30-39 of the 2024 supplement to the 358
general statutes is repealed and the following is substituted in lieu 359
thereof (Effective from passage): 360
(b) (1) Any person desiring a liquor permit or a renewal of such a 361
permit shall make an affirmed application therefor to the Department of 362
Consumer Protection, upon forms to be furnished by the department, 363
showing the name and address of the applicant and of the applicant's 364
backer, if any, the location of the club or place of business which is to be 365
operated under such permit and a financial statement setting forth all 366
elements and details of any business transactions connected with the 367 Raised Bill No. 5234
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application. Such application shall include a detailed description of the 368
type of live entertainment that is to be provided. A club or place of 369
business shall be exempt from providing such detailed description if the 370
club or place of business (A) was issued a liquor permit prior to October 371
1, 1993, and (B) has not altered the type of entertainment provided. The 372
application shall also indicate any crimes of which the applicant or the 373
applicant's backer may have been convicted. Applicants shall submit 374
documents, only upon initial application, sufficient to establish that 375
state and local building, fire and zoning requirements and local 376
ordinances concerning hours and days of sale will be met, except that 377
local building and zoning requirements and local ordinances 378
concerning hours and days of sale shall not apply to a cafe permit issued 379
under subsection (d) or (h) of section 30-22a. The State Fire Marshal or 380
the marshal's certified designee shall be responsible for approving 381
compliance with the State Fire Code at Bradley International Airport. 382
Any person desiring a permit provided for in section 30-33b shall file a 383
copy of such person's license with such application if such license was 384
issued by the Department of Consumer Protection. The department 385
may, at its discretion, conduct an investigation to determine (i) whether 386
a permit shall be issued to an applicant or the applicant's backer, or (ii) 387
the suitability of the proposed permit premises. Completion of an 388
inspection pursuant to subsection (f) of section 29-305 shall not be 389
deemed to constitute a precondition to renewal of a permit that is 390
subject to subsection (f) of section 29-305. 391
(2) The applicant shall pay to the department a nonrefundable 392
application fee, which fee shall be in addition to the fees prescribed in 393
this chapter for the permit sought. An application fee shall not be 394
charged for an application to renew a permit. The application fee shall 395
be in the amount of ten dollars for the filing of each application for a 396
permit by a nonprofit golf tournament permit under section 30-37g or a 397
temporary liquor permit for a noncommercial entity under section 30-398
35, as amended by this act; and in the amount of one hundred dollars 399
for the filing of an initial application for all other permits. Any permit 400
issued shall be valid only for the purposes and activities described in 401 Raised Bill No. 5234
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the application. 402
(3) The applicant, immediately after filing an application, shall give 403
notice thereof, with the name and residence of the permittee, the type of 404
permit applied for and the location of the place of business for which 405
such permit is to be issued and the type of live entertainment to be 406
provided, all in a form prescribed by the department, by publishing the 407
same in a newspaper having a circulation in the town in which the place 408
of business to be operated under such permit is to be located, at least 409
once a week for two successive weeks, the first publication to be not 410
more than seven days after the filing date of the application and the last 411
publication not more than fourteen days after the filing date of the 412
application. The applicant shall affix, and maintain in a legible condition 413
upon the outer door of the building wherein such place of business is to 414
be located and clearly visible from the public highway, the placard 415
provided by the department, not later than the day following the receipt 416
of the placard by the applicant. If such outer door of such premises is so 417
far from the public highway that such placard is not clearly visible as 418
provided, the department shall direct a suitable method to notify the 419
public of such application. When an application is filed for any type of 420
permit for a building that has not been constructed, such applicant shall 421
erect and maintain in a legible condition a sign not less than six feet by 422
four feet upon the site where such place of business is to be located, 423
instead of such placard upon the outer door of the building. The sign 424
shall set forth the type of permit applied for and the name of the 425
proposed permittee, shall be clearly visible from the public highway and 426
shall be so erected not later than the day following the receipt of the 427
placard. Such applicant shall make a return to the department, under 428
oath, of compliance with the foregoing requirements, in such form as 429
the department may determine, but the department may require any 430
additional proof of such compliance. Upon receipt of evidence of such 431
compliance, the department may hold a hearing as to the suitability of 432
the proposed location. The provisions of this subdivision shall not apply 433
to applications for (A) airline permits issued under section 30-28a, (B) 434
temporary liquor permits for noncommercial entities issued under 435 Raised Bill No. 5234
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section 30-35, as amended by this act, (C) concession permits issued 436
under section 30-33, (D) military permits issued under section 30-34, (E) 437
cafe permits issued under subsection (h) of section 30-22a, (F) 438
warehouse permits issued under section 30-32, (G) broker's permits 439
issued under section 30-30, (H) out-of-state shipper's permits for 440
alcoholic liquor issued under section 30-18, (I) out-of-state shipper's 441
permits for beer issued under section 30-19, (J) coliseum permits issued 442
under section 30-33a, (K) nonprofit golf tournament permits issued 443
under section 30-37g, (L) Connecticut craft cafe permits issued under 444
section 30-22d to permittees who held a manufacturer permit for a brew 445
pub or a manufacturer permit for beer issued under subsection (b) of 446
section 30-16 and a brew pub before July 1, 2020, (M) off-site farm 447
winery sales and wine, cider and mead tasting permits issued under 448
section 30-16a, (N) out-of-state retailer shipper's permits for wine issued 449
under section 30-18a, (O) out-of-state winery shipper's permits for wine 450
issued under section 30-18a, (P) in-state transporter's permits for 451
alcoholic liquor issued under section 30-19f, as amended by this act, 452
including, but not limited to, boats operating under such permits, (Q) 453
seasonal outdoor open-air permits issued under section 30-22e, (R) 454
festival permits issued under section 30-37t, (S) temporary auction 455
permits issued under section 30-37u, (T) outdoor open-air permits 456
issued under section 30-22f, and (U) renewals of any permit described 457
in subparagraphs (A) to (T), inclusive, of this subdivision, if applicable. 458
The provisions of this subdivision regarding publication and placard 459
display shall also be required of any applicant who seeks to amend the 460
type of entertainment either upon filing of a renewal application or 461
upon requesting permission of the department in a form that requires 462
the approval of the municipal zoning official. 463
(4) In any case in which a permit has been issued to a partnership, if 464
one or more of the partners dies or retires, the remaining partner or 465
partners need not file a new application for the unexpired portion of the 466
current permit, and no additional fee for such unexpired portion shall 467
be required. Notice of any such change shall be given to the department 468
and the permit shall be endorsed to show correct ownership. When any 469 Raised Bill No. 5234
LCO No. 1421 16 of 33
partnership changes by reason of the addition of one or more persons, a 470
new application with new fees shall be required. 471
Sec. 10. Subsection (a) of section 30-47 of the general statutes is 472
repealed and the following is substituted in lieu thereof (Effective from 473
passage): 474
(a) The Department of Consumer Protection may, in its discretion, 475
suspend, revoke or refuse to grant or renew a permit for the sale of 476
alcoholic liquor, or impose a fine of not greater than one thousand 477
dollars per violation, if [it] the department has reasonable cause to 478
believe: (1) That the applicant or permittee appears to be financially 479
irresponsible or neglects to provide for [his] the applicant's or 480
permittee's family, or neglects or is unable to pay [his] the applicant's or 481
permittee's just debts; (2) that the applicant or permittee has been 482
provided with funds by any wholesaler or manufacturer or has any 483
forbidden connection with any other class of permittee as provided in 484
this chapter; (3) that the applicant or permittee is in the habit of using 485
alcoholic beverages to excess; (4) that the applicant or permittee has 486
wilfully made any false statement to the department in a material 487
matter; (5) that the applicant or permittee has been convicted of 488
violating any of the liquor laws of this or any other state or the liquor 489
laws of the United States or has been convicted of a felony as such term 490
is defined in section 53a-25, provided any action taken is based upon (A) 491
the nature of the conviction and its relationship to the applicant or 492
permittee's ability to safely or competently perform the duties 493
associated with such permit, (B) information pertaining to the degree of 494
rehabilitation of the applicant or permittee, and (C) the time elapsed 495
since the conviction or release, or has such a criminal record that the 496
department reasonably believes [he] the applicant or permittee is not a 497
suitable person to hold a permit, provided no refusal shall be rendered 498
under this subdivision except in accordance with the provisions of 499
sections 46a-80 and 46a-81; (6) that the applicant or permittee has not 500
been delegated full authority and control of the permit premises and of 501
the conduct of all business on such premises; or (7) that the applicant, 502
applicant's backer, backer or permittee has violated any provision of this 503 Raised Bill No. 5234
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chapter or any regulation adopted under this chapter. Any applicant, 504
applicant's backer or backer shall be subject to the same disqualifications 505
as provided in this [section in the case of an applicant for a permit or a 506
permittee] chapter, or any regulation adopted under this chapter, for 507
permittees. 508
Sec. 11. Subsection (a) of section 30-48 of the 2024 supplement to the 509
general statutes is repealed and the following is substituted in lieu 510
thereof (Effective from passage): 511
(a) No backer or permittee of one permit class shall be a backer or 512
permittee of any other permit class except in the case of airline permits 513
issued under section 30-28a, boats operating under in-state transporter's 514
permits issued under section 30-19f, as amended by this act, and cafe 515
permits issued under subsections (d) and (h) of section 30-22a, except 516
that: (1) A backer of a hotel permit issued under section 30-21 or a 517
restaurant permit issued under section 30-22 may be a backer of both 518
such classes; (2) a holder or backer of a restaurant permit issued under 519
section 30-22 or a cafe permit issued under subsection (a) of section 30-520
22a may be a holder or backer of any other or all of such classes; (3) a 521
holder or backer of a restaurant permit issued under section 30-22 may 522
be a holder or backer of a cafe permit issued under subsection (f) of 523
section 30-22a; (4) a backer of a restaurant permit issued under section 524
30-22 may be a backer of a coliseum permit issued under section 30-33a 525
when such restaurant is within a coliseum; (5) a backer of a hotel permit 526
issued under section 30-21 may be a backer of a coliseum permit issued 527
under section 30-33a; (6) a backer of a grocery store beer permit issued 528
under subsection (c) of section 30-20 may be (A) a backer of a package 529
store permit issued under subsection (b) of section 30-20 if such was the 530
case on or before May 1, 1996, and (B) a backer of a restaurant permit 531
issued under section 30-22, provided the restaurant permit premises do 532
not abut or share the same space as the grocery store beer permit 533
premises; (7) a backer of a cafe permit issued under subsection (j) of 534
section 30-22a, may be a backer of a nonprofit theater permit issued 535
under section 30-35a; (8) a backer of a nonprofit theater permit issued 536
under section 30-35a may be a holder or backer of a hotel permit issued 537 Raised Bill No. 5234
LCO No. 1421 18 of 33
under section 30-21 or a coliseum permit issued under section 30-33a; 538
(9) a backer of a concession permit issued under section 30-33 may be a 539
backer of a coliseum permit issued under section 30-33a; (10) a holder of 540
an out-of-state winery shipper's permit for wine issued under section 541
30-18a may be a holder of an in-state transporter's permit issued under 542
section 30-19f, as amended by this act; (11) a holder of an out-of-state 543
shipper's permit for alcoholic liquor issued under section 30-18 or an 544
out-of-state winery shipper's permit for wine issued under section 30-545
18a may be a holder of an in-state transporter's permit issued under 546
section 30-19f, as amended by this act; (12) a holder of a manufacturer 547
permit for a farm winery issued under subsection (c) of section 30-16 or 548
a manufacturer permit for wine, cider and mead issued under 549
subsection (d) of section 30-16 may be a holder of an in-state 550
transporter's permit issued under section 30-19f, as amended by this act, 551
an off-site farm winery sales and tasting permit issued under section 30-552
16a or any combination of such permits; (13) the holder of a 553
manufacturer permit for spirits, beer, a farm winery or wine, cider and 554
mead, issued under subsection (a), (b), (c) or (d), respectively, of section 555
30-16 may be a holder of a Connecticut craft cafe permit issued under 556
section 30-22d, a restaurant permit or a restaurant permit for wine and 557
beer issued under section 30-22 or a farmers' market sales permit issued 558
under section 30-37o; (14) the holder of a restaurant permit issued under 559
section 30-22, a cafe permit issued under section 30-22a, or an in-state 560
transporter's permit issued under section 30-19f, as amended by this act, 561
may be the holder of a seasonal outdoor open-air permit issued under 562
section 30-22e or an outdoor open-air permit issued under section 30-563
22f; [and] (15) the holder of a festival permit issued under section 30-37t 564
may be the holder or backer of one or more of such other classes; (16) 565
the holder of an out-of-state shipper's permit for alcoholic liquor other 566
than beer issued under section 30-18 or an out-of-state winery shipper's 567
permit for wine issued under section 30-18a may be the holder of an out-568
of-state retailer shipper's permit for wine issued under section 30-18a; 569
and (17) the holder of a restaurant permit issued under section 30-22 570
may be a holder of a Connecticut craft cafe permit issued under section 571
30-22d, provided the permit premises are located at two different 572 Raised Bill No. 5234
LCO No. 1421 19 of 33
addresses. Any person may be a permittee of more than one permit. No 573
holder of a manufacturer permit for beer issued under subsection (b) of 574
section 30-16 and no spouse or child of such holder may be a holder or 575
backer of more than three restaurant permits issued under section 30-22 576
or cafe permits issued under section 30-22a. 577
Sec. 12. Section 30-51a of the general statutes is repealed and the 578
following is substituted in lieu thereof (Effective from passage): 579
Notwithstanding the provisions of subdivision (6) of subsection (a) 580
of section 30-47, as amended by this act, and section 30-51, as amended 581
by this act, a permittee of premises operating under a grocery store beer 582
permit issued under subsection (c) of section 30-20 may lease up to fifty 583
per cent of the total square footage of the premises to any person for 584
lawful purposes. The Department of Consumer Protection shall not 585
issue a permit allowing the sale or consumption of alcoholic liquor on 586
any such leased premises, and the sale or consumption of alcoholic 587
liquor shall be unlawful on any such leased premises. 588
Sec. 13. Section 30-51 of the general statutes is repealed and the 589
following is substituted in lieu thereof (Effective from passage): 590
No permit may be issued for the sale of alcoholic liquor in any 591
building, a portion of which will not be used as the permit premises, 592
unless the application therefor is accompanied by an affidavit signed 593
and affirmed by the applicant, stating that access from the portion of the 594
building that will not be used as the permit premises to the portion of 595
the building that will be used as the permit premises is effectually 596
[closed] separate, unless the Department of Consumer Protection 597
endorses upon such application that it has dispensed with such affidavit 598
for reasons considered by it good and satisfactory and also endorses 599
thereon such reasons. [If any way] No new means of access [from the 600
other portion of such building to the portion used as] into the permit 601
premises [is] shall be opened, after such permit is issued, without the 602
written consent of the Department of Consumer Protection endorsed on 603
such permit. [, such permit shall thereupon become and be forfeited, 604 Raised Bill No. 5234
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with or without notice from the Department of Consumer Protection, 605
and shall be null and void. If such applicant or] If any permittee or any 606
backer thereof opens, causes to be opened, [permits] allows to be opened 607
or allows to remain open, at any time during the term for which such 608
permit is issued, any [way] new means of access from any portion of a 609
building not part of the permit premises [to any other portion of such 610
building that is] into the permit premises, without the written consent 611
of the Department of Consumer Protection endorsed on such permit, 612
such [persons] permittee or [backers] backer shall be subject to the 613
penalties provided in section 30-113. The Department of Consumer 614
Protection shall require every applicant for a permit to sell alcoholic 615
liquor to state under oath whether any portion of the building in which 616
it is proposed to carry on such business will not be used as the permit 617
premises; and, if so, the Department of Consumer Protection shall 618
appoint a suitable person to examine the premises and to see that any 619
and all access between the portion so to be used for the sale of alcoholic 620
liquor and the portion not so used is effectually [closed] separate, and 621
may designate the manner of such [closing] separation, and, if 622
necessary, order seals to be placed so that such way of access cannot be 623
opened without breaking the seals, and the breaking or removal of such 624
seals or other methods of preventing access, so ordered and provided, 625
shall be prima facie evidence of a violation of this section. The above 626
provisions shall not apply to any premises operating under a hotel 627
permit. 628
Sec. 14. Section 30-55 of the general statutes is repealed and the 629
following is substituted in lieu thereof (Effective from passage): 630
(a) The Department of Consumer Protection may, in its discretion, 631
revoke, suspend or place conditions on any permit or provisional permit 632
or impose a fine of not greater than one thousand dollars per violation, 633
upon cause found after hearing, provided [ten days'] written notice of 634
such hearing has been given to the permittee, [setting forth, with the 635
particulars required in civil pleadings, the charges upon which such 636
proposed revocation, suspension, condition or fine is predicated. Any 637
appeal from such order of revocation, suspension, condition or fine shall 638 Raised Bill No. 5234
LCO No. 1421 21 of 33
be taken in accordance with the provisions of section 4-183] applicant, 639
backer or proposed backer in accordance with the provisions of chapter 640
54. 641
(b) The surrender of a permit or provisional permit for cancellation, 642
the withdrawal of an application or the expiration of a permit shall not 643
prevent the [department] Department of Consumer Protection from 644
suspending or revoking any such permit pursuant to the provisions of 645
this section. 646
Sec. 15. Section 30-58a of the general statutes is repealed and the 647
following is substituted in lieu thereof (Effective from passage): 648
The Department of Consumer Protection, in [its] the department's 649
discretion and subject to such regulations as [it] the department may 650
adopt, may accept from any applicant, applicant's backer, backer or 651
permittee [or backer] an offer in compromise in such an amount as may 652
in the discretion of the department be proper under the circumstances 653
in lieu of the suspension of any permit previously imposed by the 654
department. Any sums of money so collected by the department shall 655
be paid forthwith into the State Treasury for the general purposes of the 656
state. 657
Sec. 16. Section 30-60 of the general statutes is repealed and the 658
following is substituted in lieu thereof (Effective from passage): 659
Any applicant for a permit or for the renewal of a permit for the 660
manufacture or sale of alcoholic liquor whose application is refused or 661
any applicant or permittee whose permit is denied, revoked or 662
suspended by the Department of Consumer Protection or any ten 663
residents who have filed a remonstrance pursuant to the provisions of 664
section 30-39, as amended by this act, and who are aggrieved by the 665
granting of a permit by the department may appeal therefrom in 666
accordance with section 4-183. Appeals shall be privileged in respect to 667
the assignment thereof. If said court decides, upon the trial of such 668
appeal, that the appellant is a suitable person to sell alcoholic liquor and 669
that the place named in [his] the appellant's application is a suitable 670 Raised Bill No. 5234
LCO No. 1421 22 of 33
place, within the class of permit applied for or revoked, and renders 671
judgment accordingly, a copy of such judgment shall be forthwith 672
transmitted by the clerk of said court to the department, and the 673
department shall thereupon issue a permit to such appellant to sell such 674
alcoholic liquor at such place for the remainder of the permit year, and 675
the fee to be paid therefor, unless the application is for the renewal of 676
the permit, in which case the full fee shall be paid, shall bear the same 677
proportion to the full permit fee for a year as the unexpired portion of 678
the year from the time when such permit was granted bears to the full 679
year. If the court decides on such trial that the applicant is not a suitable 680
person to sell alcoholic liquor or that the place named in the application 681
is not a suitable place, and renders judgment accordingly, a copy of such 682
judgment shall be forthwith transmitted by the clerk of said court to the 683
department and the department shall not issue a permit to such 684
applicant or shall rescind the granting of a permit, as the case may be. If 685
said court upholds the decision of the department upon the trial of such 686
appeal, or modifies such decision in whole or in part and renders 687
judgment accordingly, a copy of such judgment shall be forthwith 688
transmitted by the clerk of said court to the department and, if a renewal 689
fee has been paid within the time during which such appeal has been 690
pending, the department shall thereupon certify to the Treasurer a 691
deduction from such fee of a sum which shall bear the same proportion 692
to the full permit fee for a year as the portion of the year from the time 693
when such renewal would have become effective to the time when such 694
judgment was rendered bears to the full year, and the amount of such 695
deduction shall be paid in accordance with the provisions of section 30-696
5, and the remainder of such fee shall be paid by the state to the 697
applicant. 698
Sec. 17. Section 30-62a of the general statutes is repealed and the 699
following is substituted in lieu thereof (Effective from passage): 700
(a) The Department of Consumer Protection, subject to such 701
regulations as said department [shall] may adopt, may permit more 702
than one consumer bar in any premises for which a permit has been 703
issued under this part for the retail sale of alcoholic liquor to be 704 Raised Bill No. 5234
LCO No. 1421 23 of 33
consumed on the premises. A consumer bar is a counter, with or without 705
seats, at which a patron may purchase and consume or purchase 706
alcoholic liquor. The fee for each additional consumer bar shall be one 707
hundred ninety dollars per annum. 708
(b) The Department of Consumer Protection, subject to such 709
regulations as said department may adopt, may permit more than one 710
consumer service bar in any premises for which a permit has been 711
issued under this part for the retail sale of alcoholic liquor to be 712
consumed on such premises. A consumer service bar is a counter, 713
without seats, at which a patron may purchase alcoholic liquor, but for 714
which the primary function is to facilitate the purchase of food. 715
Alcoholic liquor may be served to a patron across the consumer service 716
bar, but no patron shall sit or consume alcoholic liquor or food at the 717
consumer service bar. Minors may stand at a consumer service bar for 718
the purpose of ordering and receiving food. No premises shall have both 719
a self-pour endorsement and a consumer service bar endorsement. 720
Sec. 18. Section 30-78 of the general statutes is repealed and the 721
following is substituted in lieu thereof (Effective from passage): 722
(a) All alcoholic liquor which is intended by the owner or keeper 723
thereof to be manufactured or sold in violation of law shall, together 724
with the vessels in which such liquor is contained, be a nuisance and 725
subject to confiscation by the Commissioner of Consumer Protection or 726
the commissioner's authorized agent. The Department of Consumer 727
Protection may dispose of any intoxicating liquor, acquired in 728
connection with the administration of this chapter, by public or private 729
sale in such manner and upon such terms as it deems practical and, in 730
cases where sale is impracticable, by delivering [it] such intoxicating 731
liquor to any state institution which has use therefor. All proceeds from 732
such sale shall be paid into the State Treasury to the credit of the General 733
Fund. 734
(b) (1) If, during an inspection or investigation of a permittee, the 735
Commissioner of Consumer Protection or the commissioner's 736 Raised Bill No. 5234
LCO No. 1421 24 of 33
authorized agent has probable cause to believe that the permittee is in 737
possession of, or there exists on the permit premises, any item listed in 738
subdivision (2) of this subsection, the commissioner or the 739
commissioner's authorized agent may affix to such item a tag or other 740
appropriate marking to indicate that such item is, or is suspected to be, 741
in violation of this chapter and has been embargoed, provided the 742
commissioner or the commissioner's authorized agent gives advance 743
written notice to the permittee disclosing such violation, or suspected 744
violation, and embargo. 745
(2) Subject to the provisions of this subsection, the commissioner or 746
the commissioner's authorized agent may embargo the following items 747
if such items are discovered as part of an inspection or investigation 748
described in subdivision (1) of this subsection: 749
(A) Any unauthorized gambling device, illegitimate lottery ticket, or 750
illegal gambling or bookmaking equipment; 751
(B) Any driver's license or identification card, issued in accordance 752
with the provisions of section 1-1h, that is used by any person, other 753
than the person to whom such driver's license or identification card was 754
issued, to unlawfully (i) enter, or attempt to enter, the permit premises, 755
or (ii) purchase, or attempt to purchase, alcoholic liquor; 756
(C) Any imitation of a driver's license or identification card, issued in 757
accordance with the provisions of section 1-1h, that is used by any 758
person to unlawfully (i) enter, or attempt to enter, the permit premises, 759
or (ii) purchase, or attempt to purchase, alcoholic liquor; 760
(D) Any drug, as defined in section 20-571, that is offered or made 761
available for sale by any person who is not authorized to offer such drug 762
or make such drug available for sale; 763
(E) Any high-THC hemp product, as defined in section 21a-240; 764
(F) Any synthetic cannabinoid, as defined in section 21a-240; and 765
(G) Any tobacco products that are sold without a stamp or by any 766 Raised Bill No. 5234
LCO No. 1421 25 of 33
person other than a dealer, as said terms are defined in section 12-285. 767
(3) No person shall remove or dispose of any embargoed item, by sale 768
or otherwise, unless such person obtains advance written consent from 769
the commissioner or the commissioner's authorized agent for such 770
removal or disposal. 771
(4) Not later than fifteen days after a permittee receives a written 772
notice under subdivision (1) of this subsection, the permittee may 773
submit to the department a written request for a hearing to remove the 774
embargo. The commissioner shall cause such hearing to be held not later 775
than forty-five days after the department receives the permittee's 776
written request for a hearing, and such hearing shall be conducted 777
pursuant to chapter 54. If the embargo is removed, neither the 778
commissioner nor the state shall be held liable for any damages incurred 779
for any injury sustained due to such embargo if the commissioner, the 780
commissioner's designee or a court of competent jurisdiction finds that 781
there was probable cause to impose such embargo. 782
(c) (1) In addition to any embargo imposed under subsection (b) of 783
this section, the Commissioner of Consumer Protection or the 784
commissioner's authorized agent may confiscate the following items if 785
such items are present on any permit premises: 786
(A) Any driver's license or identification card, issued in accordance 787
with the provisions of section 1-1h, that is used by any person, other 788
than the person to whom such driver's license or identification card was 789
issued, to unlawfully (i) enter, or attempt to enter, the permit premises, 790
or (ii) purchase, or attempt to purchase, alcoholic liquor; and 791
(B) Any imitation of a driver's license or identification card, issued in 792
accordance with the provisions of section 1-1h, that is used by any 793
person to unlawfully (i) enter, or attempt to enter, the permit premises, 794
or (ii) purchase, or attempt to purchase, alcoholic liquor. 795
(2) To effectuate any confiscation authorized under subdivision (1) of 796
this subsection, the commissioner or commissioner's authorized agent 797 Raised Bill No. 5234
LCO No. 1421 26 of 33
shall provide to the permittee a written inventory of the items that the 798
commissioner or the commissioner's authorized agent has confiscated, 799
along with a narrative description of the basis for such confiscation. 800
(3) Not later than two days after the commissioner or the 801
commissioner's authorized agent completes any confiscation authorized 802
under subdivision (1) of this subsection, the commissioner or the 803
commissioner's authorized agent shall submit to the law enforcement 804
agency having jurisdiction over the permit premises a written notice 805
disclosing that such confiscation occurred. 806
(4) Not later than fifteen days after the commissioner or the 807
commissioner's authorized agent completes any confiscation authorized 808
under subdivision (1) of this subsection, the permittee may submit to 809
the department a written request for a hearing to revoke the 810
confiscation. The commissioner shall cause such hearing to be held not 811
later than forty-five days after the department receives the permittee's 812
written request for a hearing, and such hearing shall be conducted 813
pursuant to chapter 54. If the confiscation is revoked, neither the 814
commissioner nor the state shall be held liable for any damages incurred 815
for any injury sustained due to such confiscation if the commissioner, 816
the commissioner's designee or a court of competent jurisdiction finds 817
that there was probable cause to make such confiscation. 818
Sec. 19. Section 30-86 of the general statutes is repealed and the 819
following is substituted in lieu thereof (Effective from passage): 820
(a) As used in this section: 821
(1) "Cardholder" means any person who presents a driver's license or 822
an identity card to a permittee or permittee's agent or employee, to 823
purchase or receive alcoholic liquor from such permittee or permittee's 824
agent or employee; 825
(2) "Identity card" means an identification card issued in accordance 826
with the provisions of section 1-1h; 827 Raised Bill No. 5234
LCO No. 1421 27 of 33
(3) "Transaction scan" means the process by which a permittee or 828
permittee's agent or employee checks, by means of a transaction scan 829
device, the validity of a driver's license or an identity card; and 830
(4) "Transaction scan device" means any commercial device or 831
combination of devices used at a point of sale that is capable of 832
deciphering in an electronically readable format the information 833
encoded on the magnetic strip or bar code of a driver's license or an 834
identity card. 835
(b) (1) Any permittee or any servant or agent of a permittee who sells 836
or delivers alcoholic liquor to any minor or any intoxicated person, or to 837
any habitual drunkard, knowing the person to be such [an] a habitual 838
drunkard, shall be subject to the penalties of section 30-113. 839
(2) Any person who sells, ships, delivers or gives alcoholic liquor to 840
a minor, by any means, including, but not limited to, the Internet or any 841
other on-line computer network, except on the order of a practicing 842
physician, shall be fined not more than three thousand five hundred 843
dollars or imprisoned not more than eighteen months, or both. 844
(3) The provisions of this subsection shall not apply (A) to a sale, 845
shipment or delivery made to a person over age eighteen who is an 846
employee or permit holder under section 30-90a and where such sale, 847
shipment or delivery is made in the course of such person's employment 848
or business, (B) to a sale, shipment or delivery made in good faith to a 849
minor who practices any deceit in the procurement of an identity card 850
issued in accordance with the provisions of section 1-1h, who uses or 851
exhibits any such identity card belonging to any other person or who 852
uses or exhibits any such identity card that has been altered or tampered 853
with in any way, or (C) to a shipment or delivery made to a minor by a 854
parent, guardian or spouse of the minor, provided such parent, 855
guardian or spouse has attained the age of twenty-one and provided 856
such minor possesses such alcoholic liquor while accompanied by such 857
parent, guardian or spouse. 858
(4) Nothing in this subsection shall be construed to burden a person's 859 Raised Bill No. 5234
LCO No. 1421 28 of 33
exercise of religion under section 3 of article first of the Constitution of 860
the state in violation of subsection (a) of section 52-571b. 861
(c) (1) A permittee or permittee's agent or employee may perform a 862
transaction scan to check the validity of a driver's license or identity card 863
presented by a cardholder as a condition for selling, giving away or 864
otherwise distributing alcoholic liquor to the cardholder. 865
(2) If the information deciphered by the transaction scan performed 866
under subdivision (1) of this subsection fails to match the information 867
printed on the driver's license or identity card presented by the 868
cardholder, or if the transaction scan indicates that the information so 869
printed is false or fraudulent, neither the permittee nor any permittee's 870
agent or employee shall sell, give away or otherwise distribute any 871
alcoholic liquor to the cardholder. 872
(3) Subdivision (1) of this subsection does not preclude a permittee or 873
permittee's agent or employee from using a transaction scan device to 874
check the validity of a document presented as identification other than 875
a driver's license or an identity card, if the document includes a bar code 876
or magnetic strip that may be scanned by the device, as a condition for 877
selling, giving away or otherwise distributing alcoholic liquor to the 878
person presenting the document. 879
(d) (1) No permittee or permittee's agent or employee shall 880
electronically or mechanically record or maintain any information 881
derived from a transaction scan, except the following: (A) The name and 882
date of birth of the person listed on the driver's license or identity card 883
presented by a cardholder; and (B) the expiration date and identification 884
number of the driver's license or identity card presented by a 885
cardholder. 886
(2) No permittee or permittee's agent or employee shall use a 887
transaction scan device for a purpose other than the purposes specified 888
in subsection (c) of this section, subsection (d) of section 53-344 or 889
subsection (e) of section 53-344b. 890 Raised Bill No. 5234
LCO No. 1421 29 of 33
(3) No permittee or permittee's agent or employee shall sell or 891
otherwise disseminate the information derived from a transaction scan 892
to any third party for any purpose, including, but not limited to, any 893
marketing, advertising or promotional activities, except that a permittee 894
or permittee's agent or employee may release that information pursuant 895
to a court order. 896
(4) Nothing in subsection (c) of this section or this subsection relieves 897
a permittee or permittee's agent or employee of any responsibility to 898
comply with any other applicable state or federal laws or rules 899
governing the sale, giving away or other distribution of alcoholic liquor. 900
(5) Any person who violates this subsection shall be subject to any 901
penalty set forth in section 30-55, as amended by this act. 902
(e) (1) In any prosecution of a permittee or permittee's agent or 903
employee for selling alcoholic liquor to a minor in violation of 904
subsection (b) of this section, it shall be an affirmative defense that all of 905
the following occurred: (A) A cardholder attempting to purchase or 906
receive alcoholic liquor presented a driver's license or an identity card; 907
(B) a transaction scan of the driver's license or identity card that the 908
cardholder presented indicated that the license or card was valid; and 909
(C) the alcoholic liquor was sold, given away or otherwise distributed 910
to the cardholder in reasonable reliance upon the identification 911
presented and the completed transaction scan. 912
(2) In determining whether a permittee or permittee's agent or 913
employee has proven the affirmative defense provided by subdivision 914
(1) of this subsection, the trier of fact in such prosecution shall consider 915
that reasonable reliance upon the identification presented and the 916
completed transaction scan may require a permittee or permittee's agent 917
or employee to exercise reasonable diligence and that the use of a 918
transaction scan device does not excuse a permittee or permittee's agent 919
or employee from exercising such reasonable diligence to determine the 920
following: (A) Whether a person to whom the permittee or permittee's 921
agent or employee sells, gives away or otherwise distributes alcoholic 922 Raised Bill No. 5234
LCO No. 1421 30 of 33
liquor is twenty-one years of age or older; and (B) whether the 923
description and picture appearing on the driver's license or identity card 924
presented by a cardholder are those of the cardholder. 925
(f) Any minor who participates in an investigation or enforcement 926
action initiated by, or operated in conjunction with, the Department of 927
Consumer Protection pursuant to this chapter shall be considered a state 928
officer, afforded the legal protections set forth in section 4-165 and 929
indemnified by the state under section 5-141d for any action taken 930
pursuant to a directive by the department related to such minor's 931
participation in such investigation or action. 932
Sec. 20. Subsection (a) of section 30-86a of the general statutes is 933
repealed and the following is substituted in lieu thereof (Effective from 934
passage): 935
(a) For the purposes of section 30-86, as amended by this act, any 936
permittee shall require any person whose age is in question to fill out 937
and sign a statement in the following form on one occasion when each 938
such person makes a purchase: 939
...., 20.. 940
I, ...., hereby represent to ...., a permittee of the Connecticut 941
Department of Consumer Protection, that I am over the age of 21 years, 942
having been born on ...., 19.. or 20.., at ..... This statement is made to 943
induce said permittee to sell or otherwise furnish alcoholic beverages to 944
the undersigned. I understand that title 30 of the general statutes 945
prohibits the sale of alcoholic liquor to any person who is not twenty-946
one years of age. 947
I understand that I am subject to a fine of one hundred dollars for the 948
first offense and not more than two hundred fifty dollars for each 949
subsequent offense for wilfully misrepresenting my age for the 950
purposes set forth in this statement. 951
.... (Name) 952 Raised Bill No. 5234
LCO No. 1421 31 of 33
.... (Address) 953
Such statement once taken shall be applicable both to the particular 954
sale in connection with which such statement was taken, as well as to all 955
future sales at the same premises, and shall have full force and effect 956
under subsection (b) of this section as to every subsequent sale or 957
purchase. Such statement shall be printed upon appropriate forms to be 958
furnished by the [permittees] permittee and approved by the 959
Department of Consumer Protection [and] or electronically displayed 960
by the permittee on an electronic device that is capable of allowing the 961
person whose age is in question to electronically fill out and sign such 962
statement. If such statement is filled out and signed in paper form, such 963
statement shall be kept on file on the permit premises, alphabetically 964
indexed, in a suitable file box, and shall be open to inspection by the 965
[Department of Consumer Protection] department or any of [its] the 966
department's agents or inspectors at any reasonable time. If such 967
statement is filled out and signed in electronic form, such statement 968
shall be stored in an electronic medium that is immediately accessible 969
from the permit premises, alphabetically indexed, and shall be in an 970
electronic format that is accessible to the department or any of the 971
department's agents or inspectors at any reasonable time. Any person 972
who makes any false statement on a form signed by [him] such person 973
as required by this section shall be fined not more than one hundred 974
dollars for the first offense and not more than two hundred fifty dollars 975
for each subsequent offense. 976
Sec. 21. Section 30-90 of the general statutes is repealed and the 977
following is substituted in lieu thereof (Effective from passage): 978
Any permittee who, either personally or through such permittee's 979
servant or agent, allows any minor, intoxicated person or [any] person 980
to whom the sale or gift of alcoholic liquor has been prohibited by law 981
to loiter on the permit premises where alcoholic liquor is kept for sale, 982
or who allows any minor, other than a person who is at least eighteen 983
years of age and an employee or permit holder under section 30-90a or 984
a minor accompanied by the minor's parent or guardian, or intoxicated 985 Raised Bill No. 5234
LCO No. 1421 32 of 33
person to be in any room where alcoholic liquor is served at any bar, 986
shall be subject to the penalties described in section 30-113. For 987
barrooms consisting of only one room and for permit premises without 988
effective separation between a barroom and a dining room, an 989
unaccompanied minor or intoxicated person may remain on the permit 990
premises while waiting for and consuming food prepared on such 991
permit premises. No minor may sit or stand at a consumer bar without 992
being accompanied by a parent, guardian or spouse, and no intoxicated 993
person may sit or stand at a consumer bar, as described in subsection (a) 994
of section 30-62a, as amended by this act. 995
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 30-1
Sec. 2 from passage New section
Sec. 3 from passage 30-4
Sec. 4 from passage 30-14a
Sec. 5 from passage 30-17(a)
Sec. 6 from passage 30-19f(b)
Sec. 7 from passage 30-22b(d)
Sec. 8 from passage 30-35
Sec. 9 from passage 30-39(b)
Sec. 10 from passage 30-47(a)
Sec. 11 from passage 30-48(a)
Sec. 12 from passage 30-51a
Sec. 13 from passage 30-51
Sec. 14 from passage 30-55
Sec. 15 from passage 30-58a
Sec. 16 from passage 30-60
Sec. 17 from passage 30-62a
Sec. 18 from passage 30-78
Sec. 19 from passage 30-86
Sec. 20 from passage 30-86a(a)
Sec. 21 from passage 30-90
Statement of Purpose:
To: (1) Define "business entity"; (2) specify the circumstances in which a
franchisor or landlord may receive profits; (3) prohibit "placeholding"; Raised Bill No. 5234
LCO No. 1421 33 of 33
(4) modify certain notice requirements; (5) require certain permittees
that appoint additional wholesalers to disclose additional information;
(6) allow additional permit holders to offer tastings and make
donations; (7) empower the department to conduct additional
investigations and impose additional fines; (8) allow the holders of
certain permits to hold other permits; (9) modify requirements
concerning changes to means of access; (10) modify certain notice and
hearing requirements; (11) enable the department to accept offers in
compromise; (12) enable applicants to appeal from denials of liquor
permit applications; (13) authorize consumer service bars; (14) establish
requirements concerning embargoes and confiscations; (15) indemnify
and shield certain minors; (16) authorize electronic age statements; (17)
impose additional requirements concerning intoxicated persons; and
(18) make various conforming, technical and minor changes to the
Liquor Control Act.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]