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General Assembly Substitute Bill No. 5234
February Session, 2024
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is repealed and the following is substituted in lieu thereof (Effective from 2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
(3) "Alcoholic beverage" and "alcoholic liquor" include the four 14
varieties of liquor defined in subdivisions (2), (5), [(20)] (21) and [(21)] 15 Substitute Bill No. 5234
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(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
milliliter bottles, (D) twelve seven hundred twenty milliliter bottles, (E) 46 Substitute Bill No. 5234
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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
sparkling or still. 77 Substitute Bill No. 5234
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[(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 Substitute 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 the sale of alcoholic 112
liquor from a franchisee or tenant that is permitted to sell alcoholic 113
liquor under the provisions of chapter 545 of the general statutes, 114
provided the franchisor or landlord 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 Substitute 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 Substitute 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, or (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 Substitute 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 Substitute 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] to the department in a manner prescribed by the 244
Commissioner of Consumer Protection. For just and sufficient cause, a 245
manufacturer or out-of-state shipper may appoint one or more 246
additional wholesalers as the distributor for a beer product within such 247
territory provided such manufacturer or out-of-state shipper sets forth 248
such intention and cause in written notice to the existing wholesaler by 249
certified or registered mail, return receipt requested, with a copy of such 250
notice simultaneously sent [by certified or registered mail, return receipt 251
requested, to the Department of Consumer Protection] to the 252
department in a manner prescribed by the Commissioner of Consumer 253
Protection. Such written notice shall include the name of each additional 254
wholesaler appointed as a distributor and provide a detailed description 255
of the just and sufficient cause necessitating such appointment. For the 256
purposes of this section, "just and sufficient cause" means the existence 257
of circumstances which, in the opinion of a reasonable person 258
considering all of the equities of both the wholesaler and the 259
manufacturer or out-of-state shipper warrants a termination or a 260
diminishment of a distributorship as the case may be. For the purposes 261
of this section, "manufacturer or out-of-state shipper" means the 262
manufacturer or out-of-state shipper who originally granted a 263
distributorship of any alcohol, beer, spirits or wine product to a 264
wholesaler, any successor to such manufacturer or out-of-state shipper, 265
which successor has assumed the contractual relationship with such 266
wholesaler by assignment or otherwise, or any other manufacturer or 267
out-of-state shipper who acquires the right to ship such alcohol, beer, 268 Substitute Bill No. 5234
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spirits or wine into the state. 269
(3) Nothing contained in this section shall be construed to interfere 270
with the authority of the Department of Consumer Protection to retain 271
or adopt reasonable regulations concerning the termination or 272
diminishment of a distributorship held by a wholesaler for less than six 273
months. 274
(4) All hearings held under this section shall be held in accordance 275
with the provisions of chapter 54. 276
Sec. 6. Subsection (b) of section 30-19f of the general statutes is 277
repealed and the following is substituted in lieu thereof (Effective from 278
passage): 279
(b) No [person, corporation, incorporated or unincorporated 280
association, partnership, trust or other legal entity] person or business 281
entity, except the holder of an out-of-state shipper's permit issued under 282
section 30-18 or 30-19, a manufacturer's permit issued under section 30-283
16, other than a manufacturer permit for a farm winery or a 284
manufacturer permit for wine, cider and mead, or a wholesaler's permit 285
issued under section 30-17, as amended by this act, shall transport any 286
alcoholic beverages imported into this state unless: [such person: (1) 287
Holds] (1) Such person or business entity holds an in-state transporter's 288
permit issued under this section; (2) the tax imposed on such alcoholic 289
liquor under section 12-435 has been paid; and (3) if applicable, the tax 290
imposed on the sale of such alcoholic liquor under chapter 219 has been 291
paid. 292
Sec. 7. Subsection (d) of section 30-22b of the general statutes is 293
repealed and the following is substituted in lieu thereof (Effective from 294
passage): 295
(d) "Catering establishment" means any premises that (1) has an 296
adequate, suitable and sanitary kitchen, dining room and facilities to 297
provide hot meals, (2) has no sleeping accommodations for the public, 298
(3) is owned or operated by any [person, firm, association, partnership 299 Substitute Bill No. 5234
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or corporation that] person who, or business entity that, (A) regularly 300
furnishes for hire on such premises [,] one or more ballrooms, reception 301
rooms, dining rooms, banquet halls or similar places of assemblage for 302
a particular function, occasion or event, or [that] (B) furnishes provisions 303
and services for consumption or use at [such] any function, occasion or 304
event described in subparagraph (A) of this subdivision, and (4) 305
employs an adequate number of employees on such premises at the time 306
of any [such] function, occasion or event described in subparagraph (A) 307
of subdivision (3) of this subsection. 308
Sec. 8. Section 30-35 of the 2024 supplement to the general statutes is 309
repealed and the following is substituted in lieu thereof (Effective from 310
passage): 311
(a) A temporary liquor permit for a noncommercial entity shall allow 312
the sale of beer, spirits or wine at any fundraising event, outing, picnic 313
or social gathering conducted by a bona fide noncommercial entity, club 314
or golf country club, as described in subsection (g) of section 30-22a, 315
which noncommercial entity, club or golf country club shall be the 316
backer of the permittee under such permit. No for-profit business entity 317
may be the backer of any such permittee. Each temporary liquor permit 318
for a noncommercial entity shall also allow the retail sale of beer, spirits 319
or wine at an in-person or online auction, provided such auction is held 320
as part of a fundraising event to benefit the tax-exempt activities of the 321
noncommercial entity, club or golf country club. All profits from the 322
auction or sale of such beer, spirits or wine shall be retained by the 323
backer or permittee conducting such fundraising event, outing, picnic, 324
social gathering or auction, and no portion of such profits shall be paid, 325
directly or indirectly, to any [individual or other corporation] person or 326
business entity. Such permit shall be issued subject to the approval of 327
the [department] Department of Consumer Protection and shall be 328
effective only for specified dates and times limited by the department. 329
The combined total of fundraising events, outings, picnics, social 330
gatherings or auctions, for which a temporary liquor permit for a 331
noncommercial entity is issued under this section, shall not exceed 332 Substitute Bill No. 5234
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twelve in any calendar year and the approved dates and times for each 333
such fundraising event, outing, picnic, social gathering or auction shall 334
be displayed on such permit. Each temporary liquor permit for a 335
noncommercial entity issued under this section shall be subject to the 336
hours of sale established in subsection (a) of section 30-91 and the 337
combined total of days for which such permit is issued shall not exceed 338
twenty days in any calendar year. The holder of a temporary liquor 339
permit for a noncommercial entity issued under this section shall 340
display such permit, and the days for which such permit has been 341
issued, in a prominent location adjacent to the entrance to the 342
fundraising event, outing, picnic, social gathering or auction. The fee for 343
a temporary liquor permit for a noncommercial entity shall be fifty 344
dollars per day. 345
(b) The holder of a manufacturer permit issued under section 30-16, 346
a wholesaler permit issued under section 30-17, as amended by this act, 347
[or] an out-of-state shipper's permit for alcoholic liquor issued under 348
section 30-18, an out-of-state retail shipper's permit for wine or out-of-349
state winery shipper's permit for wine issued under section 30-18a, an 350
out-of-state shipper's permit for beer issued under section 30-19, a 351
package store permit issued under subsection (b) of section 30-20, a 352
restaurant permit issued under section 30-22 or a cafe permit issued 353
under subsection (c) of section 30-22a may offer tastings for, and donate 354
to, the holder of a temporary liquor permit for a noncommercial entity 355
issued under this section any beer, spirits or wine such manufacturer 356
permittee manufactures, for which such wholesaler permittee holds 357
distribution rights or which such package store permittee sells at retail. 358
Sec. 9. Subsection (b) of section 30-39 of the 2024 supplement to the 359
general statutes is repealed and the following is substituted in lieu 360
thereof (Effective from passage): 361
(b) (1) Any person desiring a liquor permit or a renewal of such a 362
permit shall make an affirmed application therefor to the Department of 363
Consumer Protection, upon forms to be furnished by the department, 364
showing the name and address of the applicant and of the applicant's 365 Substitute Bill No. 5234
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backer, if any, the location of the club or place of business which is to be 366
operated under such permit and a financial statement setting forth all 367
elements and details of any business transactions connected with the 368
application. Such application shall include a detailed description of the 369
type of live entertainment that is to be provided. A club or place of 370
business shall be exempt from providing such detailed description if the 371
club or place of business (A) was issued a liquor permit prior to October 372
1, 1993, and (B) has not altered the type of entertainment provided. The 373
application shall also indicate any crimes of which the applicant or the 374
applicant's backer may have been convicted. Applicants shall submit 375
documents, only upon initial application, sufficient to establish that 376
state and local building, fire and zoning requirements and local 377
ordinances concerning hours and days of sale will be met, except that 378
local building and zoning requirements and local ordinances 379
concerning hours and days of sale shall not apply to a cafe permit issued 380
under subsection (d) or (h) of section 30-22a. The State Fire Marshal or 381
the marshal's certified designee shall be responsible for approving 382
compliance with the State Fire Code at Bradley International Airport. 383
Any person desiring a permit provided for in section 30-33b shall file a 384
copy of such person's license with such application if such license was 385
issued by the Department of Consumer Protection. The department 386
may, at its discretion, conduct an investigation to determine (i) whether 387
a permit shall be issued to an applicant or the applicant's backer, or (ii) 388
the suitability of the proposed permit premises. Completion of an 389
inspection pursuant to subsection (f) of section 29-305 shall not be 390
deemed to constitute a precondition to renewal of a permit that is 391
subject to subsection (f) of section 29-305. 392
(2) The applicant shall pay to the department a nonrefundable 393
application fee, which fee shall be in addition to the fees prescribed in 394
this chapter for the permit sought. An application fee shall not be 395
charged for an application to renew a permit. The application fee shall 396
be in the amount of ten dollars for the filing of each application for a 397
permit by a nonprofit golf tournament permit under section 30-37g or a 398
temporary liquor permit for a noncommercial entity under section 30-399 Substitute Bill No. 5234
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35, as amended by this act; and in the amount of one hundred dollars 400
for the filing of an initial application for all other permits. Any permit 401
issued shall be valid only for the purposes and activities described in 402
the application. 403
(3) The applicant, immediately after filing an application, shall give 404
notice thereof, with the name and residence of the permittee, the type of 405
permit applied for and the location of the place of business for which 406
such permit is to be issued and the type of live entertainment to be 407
provided, all in a form prescribed by the department, by publishing the 408
same in a newspaper having a circulation in the town in which the place 409
of business to be operated under such permit is to be located, at least 410
once a week for two successive weeks, the first publication to be not 411
more than seven days after the filing date of the application and the last 412
publication not more than fourteen days after the filing date of the 413
application. The applicant shall affix, and maintain in a legible condition 414
upon the outer door of the building wherein such place of business is to 415
be located and clearly visible from the public highway, the placard 416
provided by the department, not later than the day following the receipt 417
of the placard by the applicant. If such outer door of such premises is so 418
far from the public highway that such placard is not clearly visible as 419
provided, the department shall direct a suitable method to notify the 420
public of such application. When an application is filed for any type of 421
permit for a building that has not been constructed, such applicant shall 422
erect and maintain in a legible condition a sign not less than six feet by 423
four feet upon the site where such place of business is to be located, 424
instead of such placard upon the outer door of the building. The sign 425
shall set forth the type of permit applied for and the name of the 426
proposed permittee, shall be clearly visible from the public highway and 427
shall be so erected not later than the day following the receipt of the 428
placard. Such applicant shall make a return to the department, under 429
oath, of compliance with the foregoing requirements, in such form as 430
the department may determine, but the department may require any 431
additional proof of such compliance. Upon receipt of evidence of such 432
compliance, the department may hold a hearing as to the suitability of 433 Substitute Bill No. 5234
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the proposed location. The provisions of this subdivision shall not apply 434
to applications for (A) airline permits issued under section 30-28a, (B) 435
temporary liquor permits for noncommercial entities issued under 436
section 30-35, as amended by this act, (C) concession permits issued 437
under section 30-33, (D) military permits issued under section 30-34, (E) 438
cafe permits issued under subsection (h) of section 30-22a, (F) 439
warehouse permits issued under section 30-32, (G) broker's permits 440
issued under section 30-30, (H) out-of-state shipper's permits for 441
alcoholic liquor issued under section 30-18, (I) out-of-state shipper's 442
permits for beer issued under section 30-19, (J) coliseum permits issued 443
under section 30-33a, (K) nonprofit golf tournament permits issued 444
under section 30-37g, (L) Connecticut craft cafe permits issued under 445
section 30-22d to permittees who held a manufacturer permit for a brew 446
pub or a manufacturer permit for beer issued under subsection (b) of 447
section 30-16 and a brew pub before July 1, 2020, (M) off-site farm 448
winery sales and wine, cider and mead tasting permits issued under 449
section 30-16a, (N) out-of-state retailer shipper's permits for wine issued 450
under section 30-18a, (O) out-of-state winery shipper's permits for wine 451
issued under section 30-18a, (P) in-state transporter's permits for 452
alcoholic liquor issued under section 30-19f, as amended by this act, 453
including, but not limited to, boats operating under such permits, (Q) 454
seasonal outdoor open-air permits issued under section 30-22e, (R) 455
festival permits issued under section 30-37t, (S) temporary auction 456
permits issued under section 30-37u, (T) outdoor open-air permits 457
issued under section 30-22f, and (U) renewals of any permit described 458
in subparagraphs (A) to (T), inclusive, of this subdivision, if applicable. 459
The provisions of this subdivision regarding publication and placard 460
display shall also be required of any applicant who seeks to amend the 461
type of entertainment either upon filing of a renewal application or 462
upon requesting permission of the department in a form that requires 463
the approval of the municipal zoning official. 464
(4) In any case in which a permit has been issued to a partnership, if 465
one or more of the partners dies or retires, the remaining partner or 466
partners need not file a new application for the unexpired portion of the 467 Substitute Bill No. 5234
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current permit, and no additional fee for such unexpired portion shall 468
be required. Notice of any such change shall be given to the department 469
and the permit shall be endorsed to show correct ownership. When any 470
partnership changes by reason of the addition of one or more persons, a 471
new application with new fees shall be required. 472
Sec. 10. Subsection (a) of section 30-47 of the general statutes is 473
repealed and the following is substituted in lieu thereof (Effective from 474
passage): 475
(a) The Department of Consumer Protection may, in its discretion, 476
suspend, revoke or refuse to grant or renew a permit for the sale of 477
alcoholic liquor, or impose a fine of not greater than one thousand 478
dollars per violation, if [it] the department has reasonable cause to 479
believe: (1) That the applicant or permittee appears to be financially 480
irresponsible or neglects to provide for [his] the applicant's or 481
permittee's family, or neglects or is unable to pay [his] the applicant's or 482
permittee's just debts; (2) that the applicant or permittee has been 483
provided with funds by any wholesaler or manufacturer or has any 484
forbidden connection with any other class of permittee as provided in 485
this chapter; (3) that the applicant or permittee is in the habit of using 486
alcoholic beverages to excess; (4) that the applicant or permittee has 487
wilfully made any false statement to the department in a material 488
matter; (5) that the applicant or permittee has been convicted of 489
violating any of the liquor laws of this or any other state or the liquor 490
laws of the United States or has been convicted of a felony as such term 491
is defined in section 53a-25, provided any action taken is based upon (A) 492
the nature of the conviction and its relationship to the applicant or 493
permittee's ability to safely or competently perform the duties 494
associated with such permit, (B) information pertaining to the degree of 495
rehabilitation of the applicant or permittee, and (C) the time elapsed 496
since the conviction or release, or has such a criminal record that the 497
department reasonably believes [he] the applicant or permittee is not a 498
suitable person to hold a permit, provided no refusal shall be rendered 499
under this subdivision except in accordance with the provisions of 500 Substitute Bill No. 5234
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sections 46a-80 and 46a-81; (6) that the applicant or permittee has not 501
been delegated full authority and control of the permit premises and of 502
the conduct of all business on such premises; or (7) that the applicant, 503
applicant's backer, backer or permittee has violated any provision of this 504
chapter or any regulation adopted under this chapter. Any applicant, 505
applicant's backer or backer shall be subject to the same disqualifications 506
as provided in this [section in the case of an applicant for a permit or a 507
permittee] chapter, or any regulation adopted under this chapter, for 508
permittees. 509
Sec. 11. Subsection (a) of section 30-48 of the 2024 supplement to the 510
general statutes is repealed and the following is substituted in lieu 511
thereof (Effective from passage): 512
(a) No backer or permittee of one permit class shall be a backer or 513
permittee of any other permit class except in the case of airline permits 514
issued under section 30-28a, boats operating under in-state transporter's 515
permits issued under section 30-19f, as amended by this act, and cafe 516
permits issued under subsections (d) and (h) of section 30-22a, except 517
that: (1) A backer of a hotel permit issued under section 30-21 or a 518
restaurant permit issued under section 30-22 may be a backer of both 519
such classes; (2) a holder or backer of a restaurant permit issued under 520
section 30-22 or a cafe permit issued under subsection (a) of section 30-521
22a may be a holder or backer of any other or all of such classes; (3) a 522
holder or backer of a restaurant permit issued under section 30-22 may 523
be a holder or backer of a cafe permit issued under subsection (f) of 524
section 30-22a; (4) a backer of a restaurant permit issued under section 525
30-22 may be a backer of a coliseum permit issued under section 30-33a 526
when such restaurant is within a coliseum; (5) a backer of a hotel permit 527
issued under section 30-21 may be a backer of a coliseum permit issued 528
under section 30-33a; (6) a backer of a grocery store beer permit issued 529
under subsection (c) of section 30-20 may be (A) a backer of a package 530
store permit issued under subsection (b) of section 30-20 if such was the 531
case on or before May 1, 1996, and (B) a backer of a restaurant permit 532
issued under section 30-22, provided the restaurant permit premises do 533 Substitute Bill No. 5234
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not abut or share the same space as the grocery store beer permit 534
premises; (7) a backer of a cafe permit issued under subsection (j) of 535
section 30-22a, may be a backer of a nonprofit theater permit issued 536
under section 30-35a; (8) a backer of a nonprofit theater permit issued 537
under section 30-35a may be a holder or backer of a hotel permit issued 538
under section 30-21 or a coliseum permit issued under section 30-33a; 539
(9) a backer of a concession permit issued under section 30-33 may be a 540
backer of a coliseum permit issued under section 30-33a; (10) a holder of 541
an out-of-state winery shipper's permit for wine issued under section 542
30-18a may be a holder of an in-state transporter's permit issued under 543
section 30-19f, as amended by this act; (11) a holder of an out-of-state 544
shipper's permit for alcoholic liquor issued under section 30-18 or an 545
out-of-state winery shipper's permit for wine issued under section 30-546
18a may be a holder of an in-state transporter's permit issued under 547
section 30-19f, as amended by this act; (12) a holder of a manufacturer 548
permit for a farm winery issued under subsection (c) of section 30-16 or 549
a manufacturer permit for wine, cider and mead issued under 550
subsection (d) of section 30-16 may be a holder of an in-state 551
transporter's permit issued under section 30-19f, as amended by this act, 552
an off-site farm winery sales and tasting permit issued under section 30-553
16a or any combination of such permits; (13) the holder of a 554
manufacturer permit for spirits, beer, a farm winery or wine, cider and 555
mead, issued under subsection (a), (b), (c) or (d), respectively, of section 556
30-16 may be a holder of a Connecticut craft cafe permit issued under 557
section 30-22d, a restaurant permit or a restaurant permit for wine and 558
beer issued under section 30-22 or a farmers' market sales permit issued 559
under section 30-37o; (14) the holder of a restaurant permit issued under 560
section 30-22, a cafe permit issued under section 30-22a, or an in-state 561
transporter's permit issued under section 30-19f, as amended by this act, 562
may be the holder of a seasonal outdoor open-air permit issued under 563
section 30-22e or an outdoor open-air permit issued under section 30-564
22f; [and] (15) the holder of a festival permit issued under section 30-37t 565
may be the holder or backer of one or more of such other classes; (16) 566
the holder of an out-of-state shipper's permit for alcoholic liquor other 567
than beer issued under section 30-18, an out-of-state winery shipper's 568 Substitute Bill No. 5234
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permit for wine issued under section 30-18a or an out-of-state shipper's 569
permit for beer issued under section 30-19 may be the holder of an out-570
of-state retailer shipper's permit for wine issued under section 30-18a; 571
and (17) the holder of a restaurant permit issued under section 30-22 572
may be a holder of a Connecticut craft cafe permit issued under section 573
30-22d, provided the permit premises are located at two different 574
addresses. Any person may be a permittee of more than one permit. No 575
holder of a manufacturer permit for beer issued under subsection (b) of 576
section 30-16 and no spouse or child of such holder may be a holder or 577
backer of more than three restaurant permits issued under section 30-22 578
or cafe permits issued under section 30-22a. 579
Sec. 12. Section 30-51a of the general statutes is repealed and the 580
following is substituted in lieu thereof (Effective from passage): 581
Notwithstanding the provisions of subdivision (6) of subsection (a) 582
of section 30-47, as amended by this act, and section 30-51, as amended 583
by this act, a permittee of premises operating under a grocery store beer 584
permit issued under subsection (c) of section 30-20 may lease up to fifty 585
per cent of the total square footage of the premises to any person for 586
lawful purposes. The Department of Consumer Protection shall not 587
issue a permit allowing the sale or consumption of alcoholic liquor on 588
any such leased premises, and the sale or consumption of alcoholic 589
liquor shall be unlawful on any such leased premises. 590
Sec. 13. Section 30-51 of the general statutes is repealed and the 591
following is substituted in lieu thereof (Effective from passage): 592
No permit may be issued for the sale of alcoholic liquor in any 593
building, a portion of which will not be used as the permit premises, 594
unless the application therefor is accompanied by an affidavit signed 595
and affirmed by the applicant, stating that access from the portion of the 596
building that will not be used as the permit premises to the portion of 597
the building that will be used as the permit premises is effectually 598
[closed] separate, unless the Department of Consumer Protection 599
endorses upon such application that it has dispensed with such affidavit 600 Substitute Bill No. 5234
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for reasons considered by it good and satisfactory and also endorses 601
thereon such reasons. [If any way] No new means of access [from the 602
other portion of such building to the portion used as] into the permit 603
premises [is] shall be opened, after such permit is issued, without the 604
written consent of the Department of Consumer Protection endorsed on 605
such permit. [, such permit shall thereupon become and be forfeited, 606
with or without notice from the Department of Consumer Protection, 607
and shall be null and void. If such applicant or] If any permittee or any 608
backer thereof opens, causes to be opened, [permits] allows to be opened 609
or allows to remain open, at any time during the term for which such 610
permit is issued, any [way] new means of access from any portion of a 611
building not part of the permit premises [to any other portion of such 612
building that is] into the permit premises, without the written consent 613
of the Department of Consumer Protection endorsed on such permit, 614
such [persons] permittee or [backers] backer shall be subject to the 615
penalties provided in section 30-113. The Department of Consumer 616
Protection shall require every applicant for a permit to sell alcoholic 617
liquor to state under oath whether any portion of the building in which 618
it is proposed to carry on such business will not be used as the permit 619
premises; and, if so, the Department of Consumer Protection shall 620
appoint a suitable person to examine the premises and to see that any 621
and all access between the portion so to be used for the sale of alcoholic 622
liquor and the portion not so used is effectually [closed] separate, and 623
may designate the manner of such [closing] separation, and, if 624
necessary, order seals to be placed so that such way of access cannot be 625
opened without breaking the seals, and the breaking or removal of such 626
seals or other methods of preventing access, so ordered and provided, 627
shall be prima facie evidence of a violation of this section. The above 628
provisions shall not apply to any premises operating under a hotel 629
permit. 630
Sec. 14. Section 30-55 of the general statutes is repealed and the 631
following is substituted in lieu thereof (Effective from passage): 632
(a) The Department of Consumer Protection may, in its discretion, 633 Substitute Bill No. 5234
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revoke, suspend or place conditions on any permit or provisional permit 634
or impose a fine of not greater than one thousand dollars per violation, 635
upon cause found after hearing, provided [ten days'] written notice of 636
such hearing has been given to the permittee, [setting forth, with the 637
particulars required in civil pleadings, the charges upon which such 638
proposed revocation, suspension, condition or fine is predicated. Any 639
appeal from such order of revocation, suspension, condition or fine shall 640
be taken in accordance with the provisions of section 4-183] applicant, 641
backer or proposed backer in accordance with the provisions of chapter 642
54. 643
(b) The surrender of a permit or provisional permit for cancellation, 644
the withdrawal of an application or the expiration of a permit shall not 645
prevent the [department] Department of Consumer Protection from 646
suspending or revoking any such permit pursuant to the provisions of 647
this section. 648
Sec. 15. Section 30-58a of the general statutes is repealed and the 649
following is substituted in lieu thereof (Effective from passage): 650
The Department of Consumer Protection, in [its] the department's 651
discretion and subject to such regulations as [it] the department may 652
adopt, may accept from any applicant, applicant's backer, backer or 653
permittee [or backer] an offer in compromise in such an amount as may 654
in the discretion of the department be proper under the circumstances 655
in lieu of the suspension of any permit previously imposed by the 656
department. Any sums of money so collected by the department shall 657
be paid forthwith into the State Treasury for the general purposes of the 658
state. 659
Sec. 16. Section 30-60 of the general statutes is repealed and the 660
following is substituted in lieu thereof (Effective from passage): 661
Any applicant for a permit or for the renewal of a permit for the 662
manufacture or sale of alcoholic liquor whose application is refused or 663
any applicant or permittee whose permit is denied, revoked or 664 Substitute Bill No. 5234
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suspended by the Department of Consumer Protection or any ten 665
residents who have filed a remonstrance pursuant to the provisions of 666
section 30-39, as amended by this act, and who are aggrieved by the 667
granting of a permit by the department may appeal therefrom in 668
accordance with section 4-183. Appeals shall be privileged in respect to 669
the assignment thereof. If said court decides, upon the trial of such 670
appeal, that the appellant is a suitable person to sell alcoholic liquor and 671
that the place named in [his] the appellant's application is a suitable 672
place, within the class of permit applied for or revoked, and renders 673
judgment accordingly, a copy of such judgment shall be forthwith 674
transmitted by the clerk of said court to the department, and the 675
department shall thereupon issue a permit to such appellant to sell such 676
alcoholic liquor at such place for the remainder of the permit year, and 677
the fee to be paid therefor, unless the application is for the renewal of 678
the permit, in which case the full fee shall be paid, shall bear the same 679
proportion to the full permit fee for a year as the unexpired portion of 680
the year from the time when such permit was granted bears to the full 681
year. If the court decides on such trial that the applicant is not a suitable 682
person to sell alcoholic liquor or that the place named in the application 683
is not a suitable place, and renders judgment accordingly, a copy of such 684
judgment shall be forthwith transmitted by the clerk of said court to the 685
department and the department shall not issue a permit to such 686
applicant or shall rescind the granting of a permit, as the case may be. If 687
said court upholds the decision of the department upon the trial of such 688
appeal, or modifies such decision in whole or in part and renders 689
judgment accordingly, a copy of such judgment shall be forthwith 690
transmitted by the clerk of said court to the department and, if a renewal 691
fee has been paid within the time during which such appeal has been 692
pending, the department shall thereupon certify to the Treasurer a 693
deduction from such fee of a sum which shall bear the same proportion 694
to the full permit fee for a year as the portion of the year from the time 695
when such renewal would have become effective to the time when such 696
judgment was rendered bears to the full year, and the amount of such 697
deduction shall be paid in accordance with the provisions of section 30-698
5, and the remainder of such fee shall be paid by the state to the 699 Substitute Bill No. 5234
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applicant. 700
Sec. 17. Section 30-62a of the general statutes is repealed and the 701
following is substituted in lieu thereof (Effective from passage): 702
(a) The Department of Consumer Protection, subject to such 703
regulations as said department [shall] may adopt, may permit more 704
than one consumer bar in any premises for which a permit has been 705
issued under this part for the retail sale of alcoholic liquor to be 706
consumed on [the] such premises. A consumer bar is a counter, with or 707
without seats, at which a patron may purchase and consume or 708
purchase alcoholic liquor. The fee for each additional consumer bar shall 709
be one hundred ninety dollars per annum. 710
(b) The Department of Consumer Protection, subject to such 711
regulations as said department may adopt, may permit more than one 712
consumer service bar in any premises for which a permit has been 713
issued under this part for the retail sale of alcoholic liquor to be 714
consumed on such premises. A consumer service bar is a counter, 715
without seats, at which a patron may purchase alcoholic liquor, but for 716
which the primary function is to facilitate the purchase of food. 717
Alcoholic liquor may be served to a patron across the consumer service 718
bar, but no patron shall sit or consume alcoholic liquor or food at the 719
consumer service bar. Minors may stand at a consumer service bar for 720
the purpose of ordering and receiving food. No premises shall have both 721
a self-pour endorsement and a consumer service bar endorsement. 722
Sec. 18. Section 30-78 of the general statutes is repealed and the 723
following is substituted in lieu thereof (Effective from passage): 724
(a) All alcoholic liquor which is intended by the owner or keeper 725
thereof to be manufactured or sold in violation of law shall, together 726
with the vessels in which such liquor is contained, be a nuisance and 727
subject to confiscation by the Commissioner of Consumer Protection or 728
the commissioner's authorized agent. The Department of Consumer 729
Protection may dispose of any intoxicating liquor, acquired in 730 Substitute Bill No. 5234
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connection with the administration of this chapter, by public or private 731
sale in such manner and upon such terms as it deems practical and, in 732
cases where sale is impracticable, by delivering [it] such intoxicating 733
liquor to any state institution which has use therefor. All proceeds from 734
such sale shall be paid into the State Treasury to the credit of the General 735
Fund. 736
(b) (1) If, during an inspection or investigation of a permittee, the 737
Commissioner of Consumer Protection or the commissioner's 738
authorized agent has probable cause to believe that the permittee is in 739
possession of, or there exists on the permit premises, any item listed in 740
subdivision (2) of this subsection, the commissioner or the 741
commissioner's authorized agent may affix to such item a tag or other 742
appropriate marking to indicate that such item is, or is suspected to be, 743
in violation of this chapter and has been embargoed, provided the 744
commissioner or the commissioner's authorized agent gives advance 745
written notice to the permittee disclosing such violation, or suspected 746
violation, and embargo. 747
(2) Subject to the provisions of this subsection, the commissioner or 748
the commissioner's authorized agent may embargo the following items 749
if such items are discovered as part of an inspection or investigation 750
described in subdivision (1) of this subsection: 751
(A) Any unauthorized gambling device, illegitimate lottery ticket, or 752
illegal gambling or bookmaking equipment; 753
(B) Any driver's license or identification card that is used by any 754
person, other than the person to whom such driver's license or 755
identification card was issued, to unlawfully (i) enter, or attempt to 756
enter, the permit premises, or (ii) purchase, or attempt to purchase, 757
alcoholic liquor; 758
(C) Any imitation of a driver's license or identification card that is 759
used by any person to unlawfully (i) enter, or attempt to enter, the 760
permit premises, or (ii) purchase, or attempt to purchase, alcoholic 761 Substitute Bill No. 5234
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liquor; 762
(D) Any drug, as defined in section 20-571, that is offered or made 763
available for sale by any person who is not authorized to offer such drug 764
or make such drug available for sale; 765
(E) Any high-THC hemp product, as defined in section 21a-240; 766
(F) Any synthetic cannabinoid, as defined in section 21a-240; and 767
(G) Any tobacco products that are sold without a stamp or by any 768
person other than a dealer, as said terms are defined in section 12-285. 769
(3) No person shall remove or dispose of any embargoed item, by sale 770
or otherwise, unless such person obtains advance written consent from 771
the commissioner or the commissioner's authorized agent for such 772
removal or disposal. 773
(4) Not later than fifteen days after a permittee receives a written 774
notice under subdivision (1) of this subsection, the permittee may 775
submit to the department a written request for a hearing to remove the 776
embargo. The commissioner shall cause such hearing to be held not later 777
than forty-five days after the department receives the permittee's 778
written request for a hearing, and such hearing shall be conducted 779
pursuant to chapter 54. If the embargo is removed, neither the 780
commissioner nor the state shall be held liable for any damages incurred 781
for any injury sustained due to such embargo if the commissioner, the 782
commissioner's designee or a court of competent jurisdiction finds that 783
there was probable cause to impose such embargo. 784
(c) (1) In addition to any embargo imposed under subsection (b) of 785
this section, the Commissioner of Consumer Protection or the 786
commissioner's authorized agent may confiscate the following items if 787
such items are present on any permit premises: 788
(A) Any driver's license or identification card that is used by any 789
person, other than the person to whom such driver's license or 790 Substitute Bill No. 5234
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identification card was issued, to unlawfully (i) enter, or attempt to 791
enter, the permit premises, or (ii) purchase, or attempt to purchase, 792
alcoholic liquor; and 793
(B) Any imitation of a driver's license or identification card that is 794
used by any person to unlawfully (i) enter, or attempt to enter, the 795
permit premises, or (ii) purchase, or attempt to purchase, alcoholic 796
liquor. 797
(2) To effectuate any confiscation authorized under subdivision (1) of 798
this subsection, the commissioner or commissioner's authorized agent 799
shall provide to the permittee a written inventory of the items that the 800
commissioner or the commissioner's authorized agent has confiscated, 801
along with a narrative description of the basis for such confiscation. 802
(3) Not later than two days after the commissioner or the 803
commissioner's authorized agent completes any confiscation authorized 804
under subdivision (1) of this subsection, the commissioner or the 805
commissioner's authorized agent shall submit to the law enforcement 806
agency having jurisdiction over the permit premises a written notice 807
disclosing that such confiscation occurred. 808
(4) Not later than fifteen days after the commissioner or the 809
commissioner's authorized agent completes any confiscation authorized 810
under subdivision (1) of this subsection, the permittee may submit to 811
the department a written request for a hearing to revoke the 812
confiscation. The commissioner shall cause such hearing to be held not 813
later than forty-five days after the department receives the permittee's 814
written request for a hearing, and such hearing shall be conducted 815
pursuant to chapter 54. If the confiscation is revoked, neither the 816
commissioner nor the state shall be held liable for any damages incurred 817
for any injury sustained due to such confiscation if the commissioner, 818
the commissioner's designee or a court of competent jurisdiction finds 819
that there was probable cause to make such confiscation. 820
Sec. 19. Section 30-86 of the general statutes is repealed and the 821 Substitute Bill No. 5234
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following is substituted in lieu thereof (Effective from passage): 822
(a) As used in this section: 823
(1) "Cardholder" means any person who presents a driver's license or 824
an identity card to a permittee or permittee's agent or employee, to 825
purchase or receive alcoholic liquor from such permittee or permittee's 826
agent or employee; 827
(2) "Identity card" means an identification card issued in accordance 828
with the provisions of section 1-1h; 829
(3) "Transaction scan" means the process by which a permittee or 830
permittee's agent or employee checks, by means of a transaction scan 831
device, the validity of a driver's license or an identity card; and 832
(4) "Transaction scan device" means any commercial device or 833
combination of devices used at a point of sale that is capable of 834
deciphering in an electronically readable format the information 835
encoded on the magnetic strip or bar code of a driver's license or an 836
identity card. 837
(b) (1) Any permittee or any servant or agent of a permittee who sells 838
or delivers alcoholic liquor to any minor or any intoxicated person, or to 839
any habitual drunkard, knowing the person to be such [an] a habitual 840
drunkard, shall be subject to the penalties of section 30-113. 841
(2) Any person who sells, ships, delivers or gives alcoholic liquor to 842
a minor, by any means, including, but not limited to, the Internet or any 843
other on-line computer network, except on the order of a practicing 844
physician, shall be fined not more than three thousand five hundred 845
dollars or imprisoned not more than eighteen months, or both. 846
(3) The provisions of this subsection shall not apply (A) to a sale, 847
shipment or delivery made to a person over age eighteen who is an 848
employee or permit holder under section 30-90a and where such sale, 849
shipment or delivery is made in the course of such person's employment 850 Substitute Bill No. 5234
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or business, (B) to a sale, shipment or delivery made in good faith to a 851
minor who practices any deceit in the procurement of an identity card 852
issued in accordance with the provisions of section 1-1h, who uses or 853
exhibits any such identity card belonging to any other person or who 854
uses or exhibits any such identity card that has been altered or tampered 855
with in any way, or (C) to a shipment or delivery made to a minor by a 856
parent, guardian or spouse of the minor, provided such parent, 857
guardian or spouse has attained the age of twenty-one and provided 858
such minor possesses such alcoholic liquor while accompanied by such 859
parent, guardian or spouse. 860
(4) Nothing in this subsection shall be construed to burden a person's 861
exercise of religion under section 3 of article first of the Constitution of 862
the state in violation of subsection (a) of section 52-571b. 863
(c) (1) A permittee or permittee's agent or employee may perform a 864
transaction scan to check the validity of a driver's license or identity card 865
presented by a cardholder as a condition for selling, giving away or 866
otherwise distributing alcoholic liquor to the cardholder. 867
(2) If the information deciphered by the transaction scan performed 868
under subdivision (1) of this subsection fails to match the information 869
printed on the driver's license or identity card presented by the 870
cardholder, or if the transaction scan indicates that the information so 871
printed is false or fraudulent, neither the permittee nor any permittee's 872
agent or employee shall sell, give away or otherwise distribute any 873
alcoholic liquor to the cardholder. 874
(3) Subdivision (1) of this subsection does not preclude a permittee or 875
permittee's agent or employee from using a transaction scan device to 876
check the validity of a document presented as identification other than 877
a driver's license or an identity card, if the document includes a bar code 878
or magnetic strip that may be scanned by the device, as a condition for 879
selling, giving away or otherwise distributing alcoholic liquor to the 880
person presenting the document. 881 Substitute Bill No. 5234
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(d) (1) No permittee or permittee's agent or employee shall 882
electronically or mechanically record or maintain any information 883
derived from a transaction scan, except the following: (A) The name and 884
date of birth of the person listed on the driver's license or identity card 885
presented by a cardholder; and (B) the expiration date and identification 886
number of the driver's license or identity card presented by a 887
cardholder. 888
(2) No permittee or permittee's agent or employee shall use a 889
transaction scan device for a purpose other than the purposes specified 890
in subsection (c) of this section, subsection (d) of section 53-344 or 891
subsection (e) of section 53-344b. 892
(3) No permittee or permittee's agent or employee shall sell or 893
otherwise disseminate the information derived from a transaction scan 894
to any third party for any purpose, including, but not limited to, any 895
marketing, advertising or promotional activities, except that a permittee 896
or permittee's agent or employee may release that information pursuant 897
to a court order. 898
(4) Nothing in subsection (c) of this section or this subsection relieves 899
a permittee or permittee's agent or employee of any responsibility to 900
comply with any other applicable state or federal laws or rules 901
governing the sale, giving away or other distribution of alcoholic liquor. 902
(5) Any person who violates this subsection shall be subject to any 903
penalty set forth in section 30-55, as amended by this act. 904
(e) (1) In any prosecution of a permittee or permittee's agent or 905
employee for selling alcoholic liquor to a minor in violation of 906
subsection (b) of this section, it shall be an affirmative defense that all of 907
the following occurred: (A) A cardholder attempting to purchase or 908
receive alcoholic liquor presented a driver's license or an identity card; 909
(B) a transaction scan of the driver's license or identity card that the 910
cardholder presented indicated that the license or card was valid; and 911
(C) the alcoholic liquor was sold, given away or otherwise distributed 912 Substitute Bill No. 5234
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to the cardholder in reasonable reliance upon the identification 913
presented and the completed transaction scan. 914
(2) In determining whether a permittee or permittee's agent or 915
employee has proven the affirmative defense provided by subdivision 916
(1) of this subsection, the trier of fact in such prosecution shall consider 917
that reasonable reliance upon the identification presented and the 918
completed transaction scan may require a permittee or permittee's agent 919
or employee to exercise reasonable diligence and that the use of a 920
transaction scan device does not excuse a permittee or permittee's agent 921
or employee from exercising such reasonable diligence to determine the 922
following: (A) Whether a person to whom the permittee or permittee's 923
agent or employee sells, gives away or otherwise distributes alcoholic 924
liquor is twenty-one years of age or older; and (B) whether the 925
description and picture appearing on the driver's license or identity card 926
presented by a cardholder are those of the cardholder. 927
(f) Any minor who participates in an investigation or enforcement 928
action initiated by, or operated in conjunction with, the Department of 929
Consumer Protection pursuant to this chapter shall be considered a state 930
officer, afforded the legal protections set forth in section 4-165 and 931
indemnified by the state under section 5-141d for any action taken 932
pursuant to a directive by the department related to such minor's 933
participation in such investigation or action. 934
Sec. 20. Subsection (a) of section 30-86a of the general statutes is 935
repealed and the following is substituted in lieu thereof (Effective from 936
passage): 937
(a) For the purposes of section 30-86, as amended by this act, any 938
permittee shall require any person whose age is in question to fill out 939
and sign a statement in the following form on one occasion when each 940
such person makes a purchase: 941
...., 20.. 942
I, ...., hereby represent to ...., a permittee of the Connecticut 943 Substitute Bill No. 5234
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Department of Consumer Protection, that I am over the age of 21 years, 944
having been born on ...., 19.. or 20.., at ..... This statement is made to 945
induce said permittee to sell or otherwise furnish alcoholic beverages to 946
the undersigned. I understand that title 30 of the general statutes 947
prohibits the sale of alcoholic liquor to any person who is not twenty-948
one years of age. 949
I understand that I am subject to a fine of one hundred dollars for the 950
first offense and not more than two hundred fifty dollars for each 951
subsequent offense for wilfully misrepresenting my age for the 952
purposes set forth in this statement. 953
.... (Name) 954
.... (Address) 955
Such statement once taken shall be applicable both to the particular 956
sale in connection with which such statement was taken, as well as to all 957
future sales at the same premises, and shall have full force and effect 958
under subsection (b) of this section as to every subsequent sale or 959
purchase. Such statement shall be printed upon appropriate forms to be 960
furnished by the [permittees] permittee and approved by the 961
Department of Consumer Protection [and] or electronically displayed 962
by the permittee on an electronic device that is capable of allowing the 963
person whose age is in question to electronically fill out and sign such 964
statement. If such statement is filled out and signed in paper form, such 965
statement shall be kept on file on the permit premises, alphabetically 966
indexed, in a suitable file box, and shall be open to inspection by the 967
[Department of Consumer Protection] department or any of [its] the 968
department's agents or inspectors at any reasonable time. If such 969
statement is filled out and signed in electronic form, such statement 970
shall be stored in an electronic medium that is immediately accessible 971
from the permit premises, alphabetically indexed, and shall be in an 972
electronic format that is accessible to the department or any of the 973
department's agents or inspectors at any reasonable time. Any person 974
who makes any false statement on a form signed by [him] such person 975 Substitute Bill No. 5234
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as required by this section shall be fined not more than one hundred 976
dollars for the first offense and not more than two hundred fifty dollars 977
for each subsequent offense. 978
Sec. 21. Section 30-90 of the general statutes is repealed and the 979
following is substituted in lieu thereof (Effective from passage): 980
Any permittee who, either personally or through such permittee's 981
servant or agent, allows any minor, intoxicated person or [any] person 982
to whom the sale or gift of alcoholic liquor has been prohibited by law 983
to loiter on the permit premises where alcoholic liquor is kept for sale, 984
or who allows any minor, other than a person who is at least eighteen 985
years of age and an employee or permit holder under section 30-90a or 986
a minor accompanied by the minor's parent or guardian, or intoxicated 987
person to be in any room where alcoholic liquor is served at any bar, 988
shall be subject to the penalties described in section 30-113. For 989
barrooms consisting of only one room and for permit premises without 990
effective separation between a barroom and a dining room, an 991
unaccompanied minor or intoxicated person may remain on the permit 992
premises while waiting for and consuming food prepared on such 993
permit premises. No minor may sit or stand at a consumer bar without 994
being accompanied by a parent, guardian or spouse. 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) Substitute Bill No. 5234
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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 Legislative Commissioners:
In Section 6(b), "individual" was changed to "person" for internal
consistency; in Section 6(b)(1), "individual" was changed to "person" for
internal consistency, and "section 30-19f, as amended by this act" was
changed to "this section" for consistency with standard drafting
conventions; in Section 7(d)(3), "individual" was changed to "person" for
internal consistency; in Section 8(a), "individual or [other corporation]"
was changed to "[individual or other corporation] person or" for internal
consistency; and in Section 17(a), "the premises" was changed to "[the]
such premises" for internal consistency.
GL Joint Favorable Subst.