Connecticut 2024 Regular Session

Connecticut House Bill HB05234 Compare Versions

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7-General Assembly Substitute Bill No. 5234
5+General Assembly Raised Bill No. 5234
86 February Session, 2024
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98
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10+Referred to Committee on GENERAL LAW
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12+
13+Introduced by:
14+(GL)
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1419 AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
1520 PROTECTION'S RECOMMENDATIONS REGARDING ALCOHOLIC
1621 LIQUOR REGULATION.
1722 Be it enacted by the Senate and House of Representatives in General
1823 Assembly convened:
1924
2025 Section 1. Section 30-1 of the 2024 supplement to the general statutes 1
2126 is repealed and the following is substituted in lieu thereof (Effective from 2
2227 passage): 3
2328 For the purposes of this chapter and section 2 of this act, unless the 4
2429 context indicates a different meaning: 5
2530 (1) "Airline" means any (A) United States airline carrier holding a 6
2631 certificate of public convenience and necessity from the Civil 7
2732 Aeronautics Board under Section 401 of the Federal Aviation Act of 8
2833 1958, as amended from time to time, or (B) foreign flag carrier holding a 9
2934 permit under Section 402 of said act. 10
3035 (2) "Alcohol" (A) means the product of distillation of any fermented 11
3136 liquid that is rectified at least once and regardless of such liquid's origin, 12
32-and (B) includes synthetic ethyl alcohol which is considered nonpotable. 13
33-(3) "Alcoholic beverage" and "alcoholic liquor" include the four 14
34-varieties of liquor defined in subdivisions (2), (5), [(20)] (21) and [(21)] 15 Substitute Bill No. 5234
37+and (B) includes synthetic ethyl alcohol which is considered nonpotable. 13 Raised Bill No. 5234
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43+(3) "Alcoholic beverage" and "alcoholic liquor" include the four 14
44+varieties of liquor defined in subdivisions (2), (5), [(20)] (21) and [(21)] 15
4145 (22) of this section (alcohol, beer, spirits and wine) and every liquid or 16
4246 solid, patented or unpatented, containing alcohol, beer, spirits or wine 17
4347 and at least one-half of one per cent alcohol by volume, and capable of 18
4448 being consumed by a human being as a beverage. Any liquid or solid 19
4549 containing more than one of the four varieties so defined belongs to the 20
4650 variety which has the highest percentage of alcohol according to the 21
4751 following order: Alcohol, spirits, wine and beer, except as provided in 22
4852 subdivision [(21)] (22) of this section. 23
4953 (4) "Backer" means, except in cases where the permittee is the 24
5054 proprietor, the proprietor of any business or club, incorporated or 25
5155 unincorporated, that is engaged in manufacturing or selling alcoholic 26
5256 liquor and in which business a permittee is associated, whether as an 27
5357 agent, employee or part owner. 28
5458 (5) "Beer" means any beverage obtained by the alcoholic fermentation 29
5559 of a decoction or infusion of barley, hops and malt in drinking water. 30
5660 (6) "Boat" means any vessel that is (A) operating on any waterway of 31
5761 this state, and (B) engaged in transporting passengers for hire to or from 32
5862 any port of this state. 33
5963 (7) "Business entity" means any incorporated or unincorporated 34
6064 association, corporation, firm, joint stock company, limited liability 35
6165 company, limited liability partnership, partnership, trust or other legal 36
6266 entity. 37
6367 [(7)] (8) "Case price" means the price of a container made of 38
6468 cardboard, wood or any other material and containing units of the same 39
6569 class and size of alcoholic liquor. A case of alcoholic liquor, other than 40
6670 beer, cocktails, cordials, prepared mixed drinks and wines, shall be in 41
6771 the quantity and number, or fewer, with the permission of the 42
6872 Commissioner of Consumer Protection, of bottles or units as follows: 43
6973 (A) Six one thousand seven hundred fifty milliliter bottles, (B) six one 44
70-thousand eight hundred milliliter bottles, (C) twelve seven hundred 45
71-milliliter bottles, (D) twelve seven hundred twenty milliliter bottles, (E) 46 Substitute Bill No. 5234
74+thousand eight hundred milliliter bottles, (C) twelve seven hundred 45 Raised Bill No. 5234
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80+milliliter bottles, (D) twelve seven hundred twenty milliliter bottles, (E) 46
7881 twelve seven hundred fifty milliliter bottles, (F) twelve nine hundred 47
7982 milliliter bottles, (G) twelve one liter bottles, (H) twenty-four three 48
8083 hundred seventy-five milliliter bottles, (I) forty-eight two hundred 49
8184 milliliter bottles, (J) sixty one hundred milliliter bottles, or (K) one 50
8285 hundred twenty fifty milliliter bottles, except a case of fifty milliliter 51
8386 bottles may be in a quantity and number as originally configured, 52
8487 packaged and sold by the manufacturer or out-of-state shipper prior to 53
8588 shipment if the number of such bottles in such case is not greater than 54
8689 two hundred. The commissioner shall not authorize fewer quantities or 55
8790 numbers of bottles or units as specified in this subdivision for any one 56
8891 person or entity more than eight times in any calendar year. For the 57
8992 purposes of this subdivision, "class" has the same meaning as provided 58
9093 in 27 CFR 4.21 for wine, 27 CFR 5.22 for spirits and 27 CFR 7.24 for beer. 59
9194 [(8)] (9) "Club" has the same meaning as provided in section 30-22aa. 60
9295 [(9)] (10) "Coliseum" has the same meaning as provided in section 30-61
9396 33a. 62
9497 [(10)] (11) "Commission" means the Liquor Control Commission 63
9598 established under this chapter. 64
9699 [(11)] (12) "Department" means the Department of Consumer 65
97100 Protection. 66
98101 [(12)] (13) "Dining room" means any room or rooms (A) located in 67
99102 premises operating under (i) a hotel permit issued under section 30-21, 68
100103 (ii) a restaurant permit issued under subsection (a) of section 30-22, (iii) 69
101104 a restaurant permit for wine and beer issued under subsection (b) of 70
102105 section 30-22, or (iv) a cafe permit issued under section 30-22a, and (B) 71
103106 where meals are customarily served to any member of the public who 72
104107 has means of payment and a proper demeanor. 73
105108 [(13)] (14) "Mead" means fermented honey (A) with or without 74
106109 additions or adjunct ingredients, and (B) regardless of (i) alcohol 75
107-content, (ii) process, and (iii) whether such honey is carbonated, 76
108-sparkling or still. 77 Substitute Bill No. 5234
110+content, (ii) process, and (iii) whether such honey is carbonated, 76 Raised Bill No. 5234
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116+sparkling or still. 77
115117 [(14)] (15) "Minor" means any person who is younger than twenty-78
116118 one years of age. 79
117119 [(15)] (16) "Noncommercial entity" means an academic institution, 80
118120 charitable organization, government organization, nonprofit 81
119121 organization or similar entity that is not primarily dedicated to 82
120122 obtaining a commercial advantage or monetary compensation. 83
121123 [(16)] (17) "Nonprofit club" has the same meaning as provided in 84
122124 section 30-22aa. 85
123125 [(17)] (18) (A) "Person" means an individual, including, but not 86
124126 limited to, a partner. 87
125127 (B) "Person" does not include [a corporation, joint stock company, 88
126128 limited liability company or other association of individuals] any 89
127129 business entity. 90
128130 [(18)] (19) (A) "Proprietor" includes all owners of a business or club, 91
129131 incorporated or unincorporated, that is engaged in manufacturing or 92
130132 selling alcoholic liquor, whether such owners are persons, fiduciaries, 93
131133 [joint stock companies] business entities, stockholders of corporations 94
132134 or otherwise. 95
133135 (B) "Proprietor" does not include any person who, or [corporation] 96
134136 business entity that, is merely a creditor, whether as a bond holder, 97
135137 franchisor, landlord or note holder, of a business or club, incorporated 98
136138 or unincorporated, that is engaged in manufacturing or selling alcoholic 99
137139 liquor. 100
138140 [(19)] (20) "Restaurant" has the same meaning as provided in section 101
139141 30-22. 102
140142 [(20)] (21) "Spirits" means any beverage that contains alcohol 103
141143 obtained by distillation mixed with drinkable water and other 104
142-substances in solution, including brandy, rum, whiskey and gin. 105 Substitute Bill No. 5234
144+substances in solution, including brandy, rum, whiskey and gin. 105 Raised Bill No. 5234
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149150 [(21)] (22) "Wine" means any alcoholic beverage obtained by 106
150151 fermenting the natural sugar content of fruits, such as apples, grapes or 107
151152 other agricultural products, containing such sugar, including fortified 108
152153 wines such as port, sherry and champagne. 109
153154 Sec. 2. (NEW) (Effective from passage) (a) Subject to the provisions of 110
154155 subsection (b) of this section, a franchisor or landlord may, without 111
155-obtaining approval as a backer, receive profits from the sale of alcoholic 112
156-liquor from a franchisee or tenant that is permitted to sell alcoholic 113
157-liquor under the provisions of chapter 545 of the general statutes, 114
158-provided the franchisor or landlord does not: 115
156+obtaining approval as a backer, receive profits from a franchisee or 112
157+tenant that is permitted to sell alcoholic liquor under the provisions of 113
158+chapter 545 of the general statutes, provided the franchisor or landlord 114
159+does not: 115
159160 (1) Control the operations of the permit premises; 116
160161 (2) Direct sales of alcoholic liquor from the permit premises; or 117
161162 (3) Otherwise engage in activities indicating ownership or 118
162163 proprietorship of the franchisee or tenant. 119
163164 (b) The Department of Consumer Protection may require a franchisor 120
164165 or landlord to obtain approval as a backer in order for the franchisor or 121
165166 landlord to receive profits as set forth in subsection (a) of this section. In 122
166167 determining whether to require a franchisor or landlord to receive such 123
167168 approval, the department shall: 124
168169 (1) Consider the percentage of such profits that the franchisor or 125
169170 landlord receives; and 126
170171 (2) Evaluate whether the franchisor or landlord may (A) supervise, 127
171172 hire, retain or discharge persons employed on the permit premises, (B) 128
172173 set menu selections or prices for the permit premises, (C) establish hours 129
173174 or days of operation for the permit premises, (D) decide whether or 130
174175 when a patio may be used in connection with the operations of the 131
175176 permit premises, (E) order or accept alcoholic liquor deliveries for the 132
176177 permit premises, (F) arrange advertising for the permit premises, 133
177178 including, but not limited to, advertising on the Internet or through 134
178-social media, (G) dictate decorations for the permit premises, (H) access 135 Substitute Bill No. 5234
179+social media, (G) dictate decorations for the permit premises, (H) access 135 Raised Bill No. 5234
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185185 banking accounts related to the permit premises, (I) incur debt on behalf 136
186186 of a backer for the permit, and (J) enter into agreements with other 137
187187 entities on behalf of a backer for the permit. 138
188188 Sec. 3. Section 30-4 of the general statutes is repealed and the 139
189189 following is substituted in lieu thereof (Effective from passage): 140
190190 No commissioner of the Liquor Control Commission and no 141
191191 employee of the Department of Consumer Protection who carries out 142
192192 the duties and responsibilities of sections 30-2 to 30-68m, inclusive, and 143
193193 the regulations enacted thereunder may, directly or indirectly, 144
194194 individually or as a member [of a partnership] or owner of a business 145
195195 entity or as a shareholder of a corporation, have any interest whatsoever 146
196196 in dealing in or in the manufacture of alcoholic liquor, nor receive any 147
197197 commission or profit whatsoever from nor have any interest whatsoever 148
198198 in the purchases or sales made by the persons authorized by this chapter 149
199199 to purchase or sell alcoholic liquor. No provision of this section shall 150
200200 prevent any such commissioner or employee from purchasing and 151
201201 keeping in [his] such commissioner's or employee's possession, for [the] 152
202202 personal use [of himself or] by such commissioner or employee, 153
203203 members of [his] such commissioner's or employee's family or guests, 154
204204 any alcoholic liquor which may be purchased or kept by any person by 155
205205 virtue of this chapter. 156
206206 Sec. 4. Section 30-14a of the general statutes is repealed and the 157
207207 following is substituted in lieu thereof (Effective from passage): 158
208208 (a) A package store permit issued under subsection (b) of section 30-159
209209 20 may be renewed by the person to whom [it] such permit was issued 160
210210 or by any person who (1) is a transferee or purchaser of premises 161
211211 operating under a package store permit issued under subsection (b) of 162
212212 section 30-20, and [who] (2) meets the requirements of this chapter 163
213213 concerning eligibility for a liquor permit. Commencing June 8, 1986, the 164
214214 Department of Consumer Protection may issue one package store 165
215215 permit under subsection (b) of section 30-20 for every twenty-five 166
216-hundred residents of a town as determined by the most recently 167 Substitute Bill No. 5234
216+hundred residents of a town as determined by the most recently 167 Raised Bill No. 5234
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223222 completed decennial census. The department may authorize the holder 168
224223 of such permit to remove [his] such holder's permit premises to a 169
225224 location in another town provided such removal complies with the 170
226225 provisions of this chapter. 171
227226 (b) (1) The Department of Consumer Protection may (A) refuse to 172
228227 accept any incomplete application for a package store permit under 173
229-subsection (b) of section 30-20, or (B) establish a deadline by which an 174
228+subsection (b) of section 30-20, and (B) establish a deadline by which an 174
230229 applicant for a package store permit under subsection (b) of section 30-175
231230 20 shall open to the public for continuous operation. 176
232231 (2) If an applicant for a package store permit under subsection (b) of 177
233232 section 30-20 fails to open to the public for continuous operation on or 178
234233 before the deadline established by the Department of Consumer 179
235234 Protection under subparagraph (B) of subdivision (1) of this subsection, 180
236235 the department may deem such applicant's application to have been 181
237236 withdrawn and expired for the purpose of preventing placeholding. For 182
238237 the purposes of this subdivision, "placeholding" means (A) applying for 183
239238 the last available package store permit in a town, and (B) failing to open 184
240239 to the public for continuous operation on or before the deadline 185
241240 established by the department under subparagraph (B) of subdivision 186
242241 (1) of this subsection. 187
243242 Sec. 5. Subsection (a) of section 30-17 of the general statutes is 188
244243 repealed and the following is substituted in lieu thereof (Effective from 189
245244 passage): 190
246245 (a) (1) A wholesaler permit shall allow the bottling of alcoholic liquor 191
247246 and the wholesale sale of alcoholic liquor to permittees in this state and 192
248247 without the state, as may be permitted by law, and the sale of alcoholic 193
249248 liquors to vessels engaged in coastwise or foreign commerce, and the 194
250249 sale of alcohol and alcoholic liquor for industrial purposes to 195
251250 nonpermittees, such sales to be made in accordance with the regulations 196
252251 adopted by the Department of Consumer Protection, and the sale of 197
253252 alcohol and alcoholic liquor for medicinal purposes to hospitals and 198
254-charitable institutions and to religious organizations for sacramental 199 Substitute Bill No. 5234
253+charitable institutions and to religious organizations for sacramental 199 Raised Bill No. 5234
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261259 purposes and the receipt from out-of-state shippers of multiple 200
262260 packages of alcoholic liquor. The holder of a wholesaler permit may 201
263261 apply for and shall thereupon receive an out-of-state shipper's permit 202
264262 for direct importation from abroad of alcoholic liquors manufactured 203
265263 outside the United States and an out-of-state shipper's permit for direct 204
266264 importation from abroad of beer manufactured outside the United 205
267265 States. The annual fee for a wholesaler permit shall be two thousand six 206
268266 hundred fifty dollars. 207
269267 (2) When a holder of a wholesaler permit has had the distributorship 208
270268 of any alcohol, beer, spirits or wine product of a manufacturer or out-209
271269 of-state shipper for six months or more, such distributorship may be 210
272270 terminated or its geographic territory diminished upon (A) the 211
273271 execution of a written stipulation by the wholesaler and manufacturer 212
274272 or out-of-state shipper agreeing to the change and the approval of such 213
275273 change by the Department of Consumer Protection; or (B) the sending 214
276274 of a written notice by certified or registered mail, return receipt 215
277275 requested, by the manufacturer or out-of-state shipper to the 216
278276 wholesaler, a copy of which notice has been sent simultaneously [by 217
279277 certified or registered mail, return receipt requested,] to the 218
280278 [Department of Consumer Protection] department in a manner 219
281279 prescribed by the Commissioner of Consumer Protection. No such 220
282280 termination or diminishment shall become effective except for just and 221
283281 sufficient cause, provided such cause shall be set forth in such notice 222
284282 and the [Department of Consumer Protection] department shall 223
285283 determine, after hearing, that just and sufficient cause exists. If an 224
286284 emergency occurs, caused by the wholesaler, prior to such hearing, 225
287285 which threatens the manufacturers' or out-of-state shippers' products or 226
288286 otherwise endangers the business of the manufacturer or out-of-state 227
289287 shipper and said emergency is established to the satisfaction of the 228
290288 [Department of Consumer Protection] department, the department may 229
291289 temporarily suspend such wholesaler permit or take whatever 230
292290 reasonable action the department deems advisable to provide for such 231
293291 emergency and the department may continue such temporary action 232
294-until its decision after a full hearing. The [Department of Consumer 233 Substitute Bill No. 5234
292+until its decision after a full hearing. The [Department of Consumer 233 Raised Bill No. 5234
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301298 Protection] department shall render its decision with reasonable 234
302299 promptness following such hearing. Notwithstanding the aforesaid, a 235
303300 manufacturer or out-of-state shipper may appoint one or more 236
304301 additional wholesalers as the distributor for an alcohol, spirits or wine 237
305302 product within such territory, provided such appointment shall not be 238
306303 effective until six months from the date such manufacturer or out-of-239
307304 state shipper sets forth such intention in written notice to the existing 240
308305 wholesaler by certified or registered mail, return receipt requested, with 241
309306 a copy of such notice simultaneously sent [by certified or registered 242
310-mail, return receipt requested, to the Department of Consumer 243
311-Protection] to the department in a manner prescribed by the 244
312-Commissioner of Consumer Protection. For just and sufficient cause, a 245
313-manufacturer or out-of-state shipper may appoint one or more 246
314-additional wholesalers as the distributor for a beer product within such 247
315-territory provided such manufacturer or out-of-state shipper sets forth 248
316-such intention and cause in written notice to the existing wholesaler by 249
317-certified or registered mail, return receipt requested, with a copy of such 250
318-notice simultaneously sent [by certified or registered mail, return receipt 251
319-requested, to the Department of Consumer Protection] to the 252
320-department in a manner prescribed by the Commissioner of Consumer 253
321-Protection. Such written notice shall include the name of each additional 254
322-wholesaler appointed as a distributor and provide a detailed description 255
323-of the just and sufficient cause necessitating such appointment. For the 256
324-purposes of this section, "just and sufficient cause" means the existence 257
325-of circumstances which, in the opinion of a reasonable person 258
326-considering all of the equities of both the wholesaler and the 259
327-manufacturer or out-of-state shipper warrants a termination or a 260
328-diminishment of a distributorship as the case may be. For the purposes 261
329-of this section, "manufacturer or out-of-state shipper" means the 262
330-manufacturer or out-of-state shipper who originally granted a 263
331-distributorship of any alcohol, beer, spirits or wine product to a 264
332-wholesaler, any successor to such manufacturer or out-of-state shipper, 265
333-which successor has assumed the contractual relationship with such 266
334-wholesaler by assignment or otherwise, or any other manufacturer or 267
335-out-of-state shipper who acquires the right to ship such alcohol, beer, 268 Substitute Bill No. 5234
307+mail, return receipt requested,] to the [Department of Consumer 243
308+Protection] department in a manner prescribed by the Commissioner of 244
309+Consumer Protection. For just and sufficient cause, a manufacturer or 245
310+out-of-state shipper may appoint one or more additional wholesalers as 246
311+the distributor for a beer product within such territory provided such 247
312+manufacturer or out-of-state shipper sets forth such intention and cause 248
313+in written notice to the existing wholesaler by certified or registered 249
314+mail, return receipt requested, with a copy of such notice 250
315+simultaneously sent [by certified or registered mail, return receipt 251
316+requested,] to the [Department of Consumer Protection] department in 252
317+a manner prescribed by the Commissioner of Consumer Protection. 253
318+Such written notice shall include the name of each additional wholesaler 254
319+appointed as a distributor and provide a detailed description of the just 255
320+and sufficient cause necessitating such appointment. For the purposes 256
321+of this section, "just and sufficient cause" means the existence of 257
322+circumstances which, in the opinion of a reasonable person considering 258
323+all of the equities of both the wholesaler and the manufacturer or out-259
324+of-state shipper warrants a termination or a diminishment of a 260
325+distributorship as the case may be. For the purposes of this section, 261
326+"manufacturer or out-of-state shipper" means the manufacturer or out-262
327+of-state shipper who originally granted a distributorship of any alcohol, 263
328+beer, spirits or wine product to a wholesaler, any successor to such 264
329+manufacturer or out-of-state shipper, which successor has assumed the 265
330+contractual relationship with such wholesaler by assignment or 266
331+otherwise, or any other manufacturer or out-of-state shipper who 267
332+acquires the right to ship such alcohol, beer, spirits or wine into the state. 268 Raised Bill No. 5234
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342-spirits or wine into the state. 269
343-(3) Nothing contained in this section shall be construed to interfere 270
344-with the authority of the Department of Consumer Protection to retain 271
345-or adopt reasonable regulations concerning the termination or 272
346-diminishment of a distributorship held by a wholesaler for less than six 273
347-months. 274
348-(4) All hearings held under this section shall be held in accordance 275
349-with the provisions of chapter 54. 276
350-Sec. 6. Subsection (b) of section 30-19f of the general statutes is 277
351-repealed and the following is substituted in lieu thereof (Effective from 278
352-passage): 279
353-(b) No [person, corporation, incorporated or unincorporated 280
354-association, partnership, trust or other legal entity] person or business 281
355-entity, except the holder of an out-of-state shipper's permit issued under 282
356-section 30-18 or 30-19, a manufacturer's permit issued under section 30-283
357-16, other than a manufacturer permit for a farm winery or a 284
358-manufacturer permit for wine, cider and mead, or a wholesaler's permit 285
359-issued under section 30-17, as amended by this act, shall transport any 286
360-alcoholic beverages imported into this state unless: [such person: (1) 287
361-Holds] (1) Such person or business entity holds an in-state transporter's 288
362-permit issued under this section; (2) the tax imposed on such alcoholic 289
363-liquor under section 12-435 has been paid; and (3) if applicable, the tax 290
364-imposed on the sale of such alcoholic liquor under chapter 219 has been 291
365-paid. 292
366-Sec. 7. Subsection (d) of section 30-22b of the general statutes is 293
367-repealed and the following is substituted in lieu thereof (Effective from 294
368-passage): 295
369-(d) "Catering establishment" means any premises that (1) has an 296
370-adequate, suitable and sanitary kitchen, dining room and facilities to 297
371-provide hot meals, (2) has no sleeping accommodations for the public, 298
372-(3) is owned or operated by any [person, firm, association, partnership 299 Substitute Bill No. 5234
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338+(3) Nothing contained in this section shall be construed to interfere 269
339+with the authority of the Department of Consumer Protection to retain 270
340+or adopt reasonable regulations concerning the termination or 271
341+diminishment of a distributorship held by a wholesaler for less than six 272
342+months. 273
343+(4) All hearings held under this section shall be held in accordance 274
344+with the provisions of chapter 54. 275
345+Sec. 6. Subsection (b) of section 30-19f of the general statutes is 276
346+repealed and the following is substituted in lieu thereof (Effective from 277
347+passage): 278
348+(b) No [person, corporation, incorporated or unincorporated 279
349+association, partnership, trust or other legal entity] individual or 280
350+business entity, except the holder of an out-of-state shipper's permit 281
351+issued under section 30-18 or 30-19, a manufacturer's permit issued 282
352+under section 30-16, other than a manufacturer permit for a farm winery 283
353+or a manufacturer permit for wine, cider and mead, or a wholesaler's 284
354+permit issued under section 30-17, as amended by this act, shall 285
355+transport any alcoholic beverages imported into this state unless: [such 286
356+person: (1) Holds] (1) Such individual or business entity holds an in-287
357+state transporter's permit issued under section 30-19f, as amended by 288
358+this act; (2) the tax imposed on such alcoholic liquor under section 12-289
359+435 has been paid; and (3) if applicable, the tax imposed on the sale of 290
360+such alcoholic liquor under chapter 219 has been paid. 291
361+Sec. 7. Subsection (d) of section 30-22b of the general statutes is 292
362+repealed and the following is substituted in lieu thereof (Effective from 293
363+passage): 294
364+(d) "Catering establishment" means any premises that (1) has an 295
365+adequate, suitable and sanitary kitchen, dining room and facilities to 296
366+provide hot meals, (2) has no sleeping accommodations for the public, 297
367+(3) is owned or operated by any [person, firm, association, partnership 298
368+or corporation] individual who, or business entity that, (A) regularly 299
369+furnishes for hire on such premises [,] one or more ballrooms, reception 300 Raised Bill No. 5234
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379-or corporation that] person who, or business entity that, (A) regularly 300
380-furnishes for hire on such premises [,] one or more ballrooms, reception 301
381-rooms, dining rooms, banquet halls or similar places of assemblage for 302
382-a particular function, occasion or event, or [that] (B) furnishes provisions 303
383-and services for consumption or use at [such] any function, occasion or 304
384-event described in subparagraph (A) of this subdivision, and (4) 305
385-employs an adequate number of employees on such premises at the time 306
386-of any [such] function, occasion or event described in subparagraph (A) 307
387-of subdivision (3) of this subsection. 308
388-Sec. 8. Section 30-35 of the 2024 supplement to the general statutes is 309
389-repealed and the following is substituted in lieu thereof (Effective from 310
390-passage): 311
391-(a) A temporary liquor permit for a noncommercial entity shall allow 312
392-the sale of beer, spirits or wine at any fundraising event, outing, picnic 313
393-or social gathering conducted by a bona fide noncommercial entity, club 314
394-or golf country club, as described in subsection (g) of section 30-22a, 315
395-which noncommercial entity, club or golf country club shall be the 316
396-backer of the permittee under such permit. No for-profit business entity 317
397-may be the backer of any such permittee. Each temporary liquor permit 318
398-for a noncommercial entity shall also allow the retail sale of beer, spirits 319
399-or wine at an in-person or online auction, provided such auction is held 320
400-as part of a fundraising event to benefit the tax-exempt activities of the 321
401-noncommercial entity, club or golf country club. All profits from the 322
402-auction or sale of such beer, spirits or wine shall be retained by the 323
403-backer or permittee conducting such fundraising event, outing, picnic, 324
404-social gathering or auction, and no portion of such profits shall be paid, 325
405-directly or indirectly, to any [individual or other corporation] person or 326
406-business entity. Such permit shall be issued subject to the approval of 327
407-the [department] Department of Consumer Protection and shall be 328
408-effective only for specified dates and times limited by the department. 329
409-The combined total of fundraising events, outings, picnics, social 330
410-gatherings or auctions, for which a temporary liquor permit for a 331
411-noncommercial entity is issued under this section, shall not exceed 332 Substitute Bill No. 5234
373+LCO No. 1421 11 of 33
374+
375+rooms, dining rooms, banquet halls or similar places of assemblage for 301
376+a particular function, occasion or event, or [that] (B) furnishes provisions 302
377+and services for consumption or use at [such] any function, occasion or 303
378+event described in subparagraph (A) of this subdivision, and (4) 304
379+employs an adequate number of employees on such premises at the time 305
380+of any [such] function, occasion or event described in subparagraph (A) 306
381+of subdivision (3) of this subsection. 307
382+Sec. 8. Section 30-35 of the 2024 supplement to the general statutes is 308
383+repealed and the following is substituted in lieu thereof (Effective from 309
384+passage): 310
385+(a) A temporary liquor permit for a noncommercial entity shall allow 311
386+the sale of beer, spirits or wine at any fundraising event, outing, picnic 312
387+or social gathering conducted by a bona fide noncommercial entity, club 313
388+or golf country club, as described in subsection (g) of section 30-22a, 314
389+which noncommercial entity, club or golf country club shall be the 315
390+backer of the permittee under such permit. No for-profit business entity 316
391+may be the backer of any such permittee. Each temporary liquor permit 317
392+for a noncommercial entity shall also allow the retail sale of beer, spirits 318
393+or wine at an in-person or online auction, provided such auction is held 319
394+as part of a fundraising event to benefit the tax-exempt activities of the 320
395+noncommercial entity, club or golf country club. All profits from the 321
396+auction or sale of such beer, spirits or wine shall be retained by the 322
397+backer or permittee conducting such fundraising event, outing, picnic, 323
398+social gathering or auction, and no portion of such profits shall be paid, 324
399+directly or indirectly, to any individual or [other corporation] business 325
400+entity. Such permit shall be issued subject to the approval of the 326
401+[department] Department of Consumer Protection and shall be effective 327
402+only for specified dates and times limited by the department. The 328
403+combined total of fundraising events, outings, picnics, social gatherings 329
404+or auctions, for which a temporary liquor permit for a noncommercial 330
405+entity is issued under this section, shall not exceed twelve in any 331
406+calendar year and the approved dates and times for each such 332
407+fundraising event, outing, picnic, social gathering or auction shall be 333
408+displayed on such permit. Each temporary liquor permit for a 334 Raised Bill No. 5234
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418-twelve in any calendar year and the approved dates and times for each 333
419-such fundraising event, outing, picnic, social gathering or auction shall 334
420-be displayed on such permit. Each temporary liquor permit for a 335
421-noncommercial entity issued under this section shall be subject to the 336
422-hours of sale established in subsection (a) of section 30-91 and the 337
423-combined total of days for which such permit is issued shall not exceed 338
424-twenty days in any calendar year. The holder of a temporary liquor 339
425-permit for a noncommercial entity issued under this section shall 340
426-display such permit, and the days for which such permit has been 341
427-issued, in a prominent location adjacent to the entrance to the 342
428-fundraising event, outing, picnic, social gathering or auction. The fee for 343
429-a temporary liquor permit for a noncommercial entity shall be fifty 344
430-dollars per day. 345
431-(b) The holder of a manufacturer permit issued under section 30-16, 346
432-a wholesaler permit issued under section 30-17, as amended by this act, 347
433-[or] an out-of-state shipper's permit for alcoholic liquor issued under 348
434-section 30-18, an out-of-state retail shipper's permit for wine or out-of-349
435-state winery shipper's permit for wine issued under section 30-18a, an 350
436-out-of-state shipper's permit for beer issued under section 30-19, a 351
437-package store permit issued under subsection (b) of section 30-20, a 352
438-restaurant permit issued under section 30-22 or a cafe permit issued 353
439-under subsection (c) of section 30-22a may offer tastings for, and donate 354
440-to, the holder of a temporary liquor permit for a noncommercial entity 355
441-issued under this section any beer, spirits or wine such manufacturer 356
442-permittee manufactures, for which such wholesaler permittee holds 357
443-distribution rights or which such package store permittee sells at retail. 358
444-Sec. 9. Subsection (b) of section 30-39 of the 2024 supplement to the 359
445-general statutes is repealed and the following is substituted in lieu 360
446-thereof (Effective from passage): 361
447-(b) (1) Any person desiring a liquor permit or a renewal of such a 362
448-permit shall make an affirmed application therefor to the Department of 363
449-Consumer Protection, upon forms to be furnished by the department, 364
450-showing the name and address of the applicant and of the applicant's 365 Substitute Bill No. 5234
412+LCO No. 1421 12 of 33
413+
414+noncommercial entity issued under this section shall be subject to the 335
415+hours of sale established in subsection (a) of section 30-91 and the 336
416+combined total of days for which such permit is issued shall not exceed 337
417+twenty days in any calendar year. The holder of a temporary liquor 338
418+permit for a noncommercial entity issued under this section shall 339
419+display such permit, and the days for which such permit has been 340
420+issued, in a prominent location adjacent to the entrance to the 341
421+fundraising event, outing, picnic, social gathering or auction. The fee for 342
422+a temporary liquor permit for a noncommercial entity shall be fifty 343
423+dollars per day. 344
424+(b) The holder of a manufacturer permit issued under section 30-16, 345
425+a wholesaler permit issued under section 30-17, as amended by this act, 346
426+[or] an out-of-state shipper's permit for alcoholic liquor issued under 347
427+section 30-18, an out-of-state retail shipper's permit for wine or out-of-348
428+state winery shipper's permit for wine issued under section 30-18a, an 349
429+out-of-state shipper's permit for beer issued under section 30-19, a 350
430+package store permit issued under subsection (b) of section 30-20, a 351
431+restaurant permit issued under section 30-22 or a cafe permit issued 352
432+under subsection (c) of section 30-22a may offer tastings for, and donate 353
433+to, the holder of a temporary liquor permit for a noncommercial entity 354
434+issued under this section any beer, spirits or wine such manufacturer 355
435+permittee manufactures, for which such wholesaler permittee holds 356
436+distribution rights or which such package store permittee sells at retail. 357
437+Sec. 9. Subsection (b) of section 30-39 of the 2024 supplement to the 358
438+general statutes is repealed and the following is substituted in lieu 359
439+thereof (Effective from passage): 360
440+(b) (1) Any person desiring a liquor permit or a renewal of such a 361
441+permit shall make an affirmed application therefor to the Department of 362
442+Consumer Protection, upon forms to be furnished by the department, 363
443+showing the name and address of the applicant and of the applicant's 364
444+backer, if any, the location of the club or place of business which is to be 365
445+operated under such permit and a financial statement setting forth all 366
446+elements and details of any business transactions connected with the 367 Raised Bill No. 5234
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457-backer, if any, the location of the club or place of business which is to be 366
458-operated under such permit and a financial statement setting forth all 367
459-elements and details of any business transactions connected with the 368
460-application. Such application shall include a detailed description of the 369
461-type of live entertainment that is to be provided. A club or place of 370
462-business shall be exempt from providing such detailed description if the 371
463-club or place of business (A) was issued a liquor permit prior to October 372
464-1, 1993, and (B) has not altered the type of entertainment provided. The 373
465-application shall also indicate any crimes of which the applicant or the 374
466-applicant's backer may have been convicted. Applicants shall submit 375
467-documents, only upon initial application, sufficient to establish that 376
468-state and local building, fire and zoning requirements and local 377
469-ordinances concerning hours and days of sale will be met, except that 378
470-local building and zoning requirements and local ordinances 379
471-concerning hours and days of sale shall not apply to a cafe permit issued 380
472-under subsection (d) or (h) of section 30-22a. The State Fire Marshal or 381
473-the marshal's certified designee shall be responsible for approving 382
474-compliance with the State Fire Code at Bradley International Airport. 383
475-Any person desiring a permit provided for in section 30-33b shall file a 384
476-copy of such person's license with such application if such license was 385
477-issued by the Department of Consumer Protection. The department 386
478-may, at its discretion, conduct an investigation to determine (i) whether 387
479-a permit shall be issued to an applicant or the applicant's backer, or (ii) 388
480-the suitability of the proposed permit premises. Completion of an 389
481-inspection pursuant to subsection (f) of section 29-305 shall not be 390
482-deemed to constitute a precondition to renewal of a permit that is 391
483-subject to subsection (f) of section 29-305. 392
484-(2) The applicant shall pay to the department a nonrefundable 393
485-application fee, which fee shall be in addition to the fees prescribed in 394
486-this chapter for the permit sought. An application fee shall not be 395
487-charged for an application to renew a permit. The application fee shall 396
488-be in the amount of ten dollars for the filing of each application for a 397
489-permit by a nonprofit golf tournament permit under section 30-37g or a 398
490-temporary liquor permit for a noncommercial entity under section 30-399 Substitute Bill No. 5234
450+LCO No. 1421 13 of 33
451+
452+application. Such application shall include a detailed description of the 368
453+type of live entertainment that is to be provided. A club or place of 369
454+business shall be exempt from providing such detailed description if the 370
455+club or place of business (A) was issued a liquor permit prior to October 371
456+1, 1993, and (B) has not altered the type of entertainment provided. The 372
457+application shall also indicate any crimes of which the applicant or the 373
458+applicant's backer may have been convicted. Applicants shall submit 374
459+documents, only upon initial application, sufficient to establish that 375
460+state and local building, fire and zoning requirements and local 376
461+ordinances concerning hours and days of sale will be met, except that 377
462+local building and zoning requirements and local ordinances 378
463+concerning hours and days of sale shall not apply to a cafe permit issued 379
464+under subsection (d) or (h) of section 30-22a. The State Fire Marshal or 380
465+the marshal's certified designee shall be responsible for approving 381
466+compliance with the State Fire Code at Bradley International Airport. 382
467+Any person desiring a permit provided for in section 30-33b shall file a 383
468+copy of such person's license with such application if such license was 384
469+issued by the Department of Consumer Protection. The department 385
470+may, at its discretion, conduct an investigation to determine (i) whether 386
471+a permit shall be issued to an applicant or the applicant's backer, or (ii) 387
472+the suitability of the proposed permit premises. Completion of an 388
473+inspection pursuant to subsection (f) of section 29-305 shall not be 389
474+deemed to constitute a precondition to renewal of a permit that is 390
475+subject to subsection (f) of section 29-305. 391
476+(2) The applicant shall pay to the department a nonrefundable 392
477+application fee, which fee shall be in addition to the fees prescribed in 393
478+this chapter for the permit sought. An application fee shall not be 394
479+charged for an application to renew a permit. The application fee shall 395
480+be in the amount of ten dollars for the filing of each application for a 396
481+permit by a nonprofit golf tournament permit under section 30-37g or a 397
482+temporary liquor permit for a noncommercial entity under section 30-398
483+35, as amended by this act; and in the amount of one hundred dollars 399
484+for the filing of an initial application for all other permits. Any permit 400
485+issued shall be valid only for the purposes and activities described in 401 Raised Bill No. 5234
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497-35, as amended by this act; and in the amount of one hundred dollars 400
498-for the filing of an initial application for all other permits. Any permit 401
499-issued shall be valid only for the purposes and activities described in 402
500-the application. 403
501-(3) The applicant, immediately after filing an application, shall give 404
502-notice thereof, with the name and residence of the permittee, the type of 405
503-permit applied for and the location of the place of business for which 406
504-such permit is to be issued and the type of live entertainment to be 407
505-provided, all in a form prescribed by the department, by publishing the 408
506-same in a newspaper having a circulation in the town in which the place 409
507-of business to be operated under such permit is to be located, at least 410
508-once a week for two successive weeks, the first publication to be not 411
509-more than seven days after the filing date of the application and the last 412
510-publication not more than fourteen days after the filing date of the 413
511-application. The applicant shall affix, and maintain in a legible condition 414
512-upon the outer door of the building wherein such place of business is to 415
513-be located and clearly visible from the public highway, the placard 416
514-provided by the department, not later than the day following the receipt 417
515-of the placard by the applicant. If such outer door of such premises is so 418
516-far from the public highway that such placard is not clearly visible as 419
517-provided, the department shall direct a suitable method to notify the 420
518-public of such application. When an application is filed for any type of 421
519-permit for a building that has not been constructed, such applicant shall 422
520-erect and maintain in a legible condition a sign not less than six feet by 423
521-four feet upon the site where such place of business is to be located, 424
522-instead of such placard upon the outer door of the building. The sign 425
523-shall set forth the type of permit applied for and the name of the 426
524-proposed permittee, shall be clearly visible from the public highway and 427
525-shall be so erected not later than the day following the receipt of the 428
526-placard. Such applicant shall make a return to the department, under 429
527-oath, of compliance with the foregoing requirements, in such form as 430
528-the department may determine, but the department may require any 431
529-additional proof of such compliance. Upon receipt of evidence of such 432
530-compliance, the department may hold a hearing as to the suitability of 433 Substitute Bill No. 5234
489+LCO No. 1421 14 of 33
490+
491+the application. 402
492+(3) The applicant, immediately after filing an application, shall give 403
493+notice thereof, with the name and residence of the permittee, the type of 404
494+permit applied for and the location of the place of business for which 405
495+such permit is to be issued and the type of live entertainment to be 406
496+provided, all in a form prescribed by the department, by publishing the 407
497+same in a newspaper having a circulation in the town in which the place 408
498+of business to be operated under such permit is to be located, at least 409
499+once a week for two successive weeks, the first publication to be not 410
500+more than seven days after the filing date of the application and the last 411
501+publication not more than fourteen days after the filing date of the 412
502+application. The applicant shall affix, and maintain in a legible condition 413
503+upon the outer door of the building wherein such place of business is to 414
504+be located and clearly visible from the public highway, the placard 415
505+provided by the department, not later than the day following the receipt 416
506+of the placard by the applicant. If such outer door of such premises is so 417
507+far from the public highway that such placard is not clearly visible as 418
508+provided, the department shall direct a suitable method to notify the 419
509+public of such application. When an application is filed for any type of 420
510+permit for a building that has not been constructed, such applicant shall 421
511+erect and maintain in a legible condition a sign not less than six feet by 422
512+four feet upon the site where such place of business is to be located, 423
513+instead of such placard upon the outer door of the building. The sign 424
514+shall set forth the type of permit applied for and the name of the 425
515+proposed permittee, shall be clearly visible from the public highway and 426
516+shall be so erected not later than the day following the receipt of the 427
517+placard. Such applicant shall make a return to the department, under 428
518+oath, of compliance with the foregoing requirements, in such form as 429
519+the department may determine, but the department may require any 430
520+additional proof of such compliance. Upon receipt of evidence of such 431
521+compliance, the department may hold a hearing as to the suitability of 432
522+the proposed location. The provisions of this subdivision shall not apply 433
523+to applications for (A) airline permits issued under section 30-28a, (B) 434
524+temporary liquor permits for noncommercial entities issued under 435 Raised Bill No. 5234
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537-the proposed location. The provisions of this subdivision shall not apply 434
538-to applications for (A) airline permits issued under section 30-28a, (B) 435
539-temporary liquor permits for noncommercial entities issued under 436
540-section 30-35, as amended by this act, (C) concession permits issued 437
541-under section 30-33, (D) military permits issued under section 30-34, (E) 438
542-cafe permits issued under subsection (h) of section 30-22a, (F) 439
543-warehouse permits issued under section 30-32, (G) broker's permits 440
544-issued under section 30-30, (H) out-of-state shipper's permits for 441
545-alcoholic liquor issued under section 30-18, (I) out-of-state shipper's 442
546-permits for beer issued under section 30-19, (J) coliseum permits issued 443
547-under section 30-33a, (K) nonprofit golf tournament permits issued 444
548-under section 30-37g, (L) Connecticut craft cafe permits issued under 445
549-section 30-22d to permittees who held a manufacturer permit for a brew 446
550-pub or a manufacturer permit for beer issued under subsection (b) of 447
551-section 30-16 and a brew pub before July 1, 2020, (M) off-site farm 448
552-winery sales and wine, cider and mead tasting permits issued under 449
553-section 30-16a, (N) out-of-state retailer shipper's permits for wine issued 450
554-under section 30-18a, (O) out-of-state winery shipper's permits for wine 451
555-issued under section 30-18a, (P) in-state transporter's permits for 452
556-alcoholic liquor issued under section 30-19f, as amended by this act, 453
557-including, but not limited to, boats operating under such permits, (Q) 454
558-seasonal outdoor open-air permits issued under section 30-22e, (R) 455
559-festival permits issued under section 30-37t, (S) temporary auction 456
560-permits issued under section 30-37u, (T) outdoor open-air permits 457
561-issued under section 30-22f, and (U) renewals of any permit described 458
562-in subparagraphs (A) to (T), inclusive, of this subdivision, if applicable. 459
563-The provisions of this subdivision regarding publication and placard 460
564-display shall also be required of any applicant who seeks to amend the 461
565-type of entertainment either upon filing of a renewal application or 462
566-upon requesting permission of the department in a form that requires 463
567-the approval of the municipal zoning official. 464
568-(4) In any case in which a permit has been issued to a partnership, if 465
569-one or more of the partners dies or retires, the remaining partner or 466
570-partners need not file a new application for the unexpired portion of the 467 Substitute Bill No. 5234
528+LCO No. 1421 15 of 33
529+
530+section 30-35, as amended by this act, (C) concession permits issued 436
531+under section 30-33, (D) military permits issued under section 30-34, (E) 437
532+cafe permits issued under subsection (h) of section 30-22a, (F) 438
533+warehouse permits issued under section 30-32, (G) broker's permits 439
534+issued under section 30-30, (H) out-of-state shipper's permits for 440
535+alcoholic liquor issued under section 30-18, (I) out-of-state shipper's 441
536+permits for beer issued under section 30-19, (J) coliseum permits issued 442
537+under section 30-33a, (K) nonprofit golf tournament permits issued 443
538+under section 30-37g, (L) Connecticut craft cafe permits issued under 444
539+section 30-22d to permittees who held a manufacturer permit for a brew 445
540+pub or a manufacturer permit for beer issued under subsection (b) of 446
541+section 30-16 and a brew pub before July 1, 2020, (M) off-site farm 447
542+winery sales and wine, cider and mead tasting permits issued under 448
543+section 30-16a, (N) out-of-state retailer shipper's permits for wine issued 449
544+under section 30-18a, (O) out-of-state winery shipper's permits for wine 450
545+issued under section 30-18a, (P) in-state transporter's permits for 451
546+alcoholic liquor issued under section 30-19f, as amended by this act, 452
547+including, but not limited to, boats operating under such permits, (Q) 453
548+seasonal outdoor open-air permits issued under section 30-22e, (R) 454
549+festival permits issued under section 30-37t, (S) temporary auction 455
550+permits issued under section 30-37u, (T) outdoor open-air permits 456
551+issued under section 30-22f, and (U) renewals of any permit described 457
552+in subparagraphs (A) to (T), inclusive, of this subdivision, if applicable. 458
553+The provisions of this subdivision regarding publication and placard 459
554+display shall also be required of any applicant who seeks to amend the 460
555+type of entertainment either upon filing of a renewal application or 461
556+upon requesting permission of the department in a form that requires 462
557+the approval of the municipal zoning official. 463
558+(4) In any case in which a permit has been issued to a partnership, if 464
559+one or more of the partners dies or retires, the remaining partner or 465
560+partners need not file a new application for the unexpired portion of the 466
561+current permit, and no additional fee for such unexpired portion shall 467
562+be required. Notice of any such change shall be given to the department 468
563+and the permit shall be endorsed to show correct ownership. When any 469 Raised Bill No. 5234
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577-current permit, and no additional fee for such unexpired portion shall 468
578-be required. Notice of any such change shall be given to the department 469
579-and the permit shall be endorsed to show correct ownership. When any 470
580-partnership changes by reason of the addition of one or more persons, a 471
581-new application with new fees shall be required. 472
582-Sec. 10. Subsection (a) of section 30-47 of the general statutes is 473
583-repealed and the following is substituted in lieu thereof (Effective from 474
584-passage): 475
585-(a) The Department of Consumer Protection may, in its discretion, 476
586-suspend, revoke or refuse to grant or renew a permit for the sale of 477
587-alcoholic liquor, or impose a fine of not greater than one thousand 478
588-dollars per violation, if [it] the department has reasonable cause to 479
589-believe: (1) That the applicant or permittee appears to be financially 480
590-irresponsible or neglects to provide for [his] the applicant's or 481
591-permittee's family, or neglects or is unable to pay [his] the applicant's or 482
592-permittee's just debts; (2) that the applicant or permittee has been 483
593-provided with funds by any wholesaler or manufacturer or has any 484
594-forbidden connection with any other class of permittee as provided in 485
595-this chapter; (3) that the applicant or permittee is in the habit of using 486
596-alcoholic beverages to excess; (4) that the applicant or permittee has 487
597-wilfully made any false statement to the department in a material 488
598-matter; (5) that the applicant or permittee has been convicted of 489
599-violating any of the liquor laws of this or any other state or the liquor 490
600-laws of the United States or has been convicted of a felony as such term 491
601-is defined in section 53a-25, provided any action taken is based upon (A) 492
602-the nature of the conviction and its relationship to the applicant or 493
603-permittee's ability to safely or competently perform the duties 494
604-associated with such permit, (B) information pertaining to the degree of 495
605-rehabilitation of the applicant or permittee, and (C) the time elapsed 496
606-since the conviction or release, or has such a criminal record that the 497
607-department reasonably believes [he] the applicant or permittee is not a 498
608-suitable person to hold a permit, provided no refusal shall be rendered 499
609-under this subdivision except in accordance with the provisions of 500 Substitute Bill No. 5234
567+LCO No. 1421 16 of 33
568+
569+partnership changes by reason of the addition of one or more persons, a 470
570+new application with new fees shall be required. 471
571+Sec. 10. Subsection (a) of section 30-47 of the general statutes is 472
572+repealed and the following is substituted in lieu thereof (Effective from 473
573+passage): 474
574+(a) The Department of Consumer Protection may, in its discretion, 475
575+suspend, revoke or refuse to grant or renew a permit for the sale of 476
576+alcoholic liquor, or impose a fine of not greater than one thousand 477
577+dollars per violation, if [it] the department has reasonable cause to 478
578+believe: (1) That the applicant or permittee appears to be financially 479
579+irresponsible or neglects to provide for [his] the applicant's or 480
580+permittee's family, or neglects or is unable to pay [his] the applicant's or 481
581+permittee's just debts; (2) that the applicant or permittee has been 482
582+provided with funds by any wholesaler or manufacturer or has any 483
583+forbidden connection with any other class of permittee as provided in 484
584+this chapter; (3) that the applicant or permittee is in the habit of using 485
585+alcoholic beverages to excess; (4) that the applicant or permittee has 486
586+wilfully made any false statement to the department in a material 487
587+matter; (5) that the applicant or permittee has been convicted of 488
588+violating any of the liquor laws of this or any other state or the liquor 489
589+laws of the United States or has been convicted of a felony as such term 490
590+is defined in section 53a-25, provided any action taken is based upon (A) 491
591+the nature of the conviction and its relationship to the applicant or 492
592+permittee's ability to safely or competently perform the duties 493
593+associated with such permit, (B) information pertaining to the degree of 494
594+rehabilitation of the applicant or permittee, and (C) the time elapsed 495
595+since the conviction or release, or has such a criminal record that the 496
596+department reasonably believes [he] the applicant or permittee is not a 497
597+suitable person to hold a permit, provided no refusal shall be rendered 498
598+under this subdivision except in accordance with the provisions of 499
599+sections 46a-80 and 46a-81; (6) that the applicant or permittee has not 500
600+been delegated full authority and control of the permit premises and of 501
601+the conduct of all business on such premises; or (7) that the applicant, 502
602+applicant's backer, backer or permittee has violated any provision of this 503 Raised Bill No. 5234
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615605
616-sections 46a-80 and 46a-81; (6) that the applicant or permittee has not 501
617-been delegated full authority and control of the permit premises and of 502
618-the conduct of all business on such premises; or (7) that the applicant, 503
619-applicant's backer, backer or permittee has violated any provision of this 504
620-chapter or any regulation adopted under this chapter. Any applicant, 505
621-applicant's backer or backer shall be subject to the same disqualifications 506
622-as provided in this [section in the case of an applicant for a permit or a 507
623-permittee] chapter, or any regulation adopted under this chapter, for 508
624-permittees. 509
625-Sec. 11. Subsection (a) of section 30-48 of the 2024 supplement to the 510
626-general statutes is repealed and the following is substituted in lieu 511
627-thereof (Effective from passage): 512
628-(a) No backer or permittee of one permit class shall be a backer or 513
629-permittee of any other permit class except in the case of airline permits 514
630-issued under section 30-28a, boats operating under in-state transporter's 515
631-permits issued under section 30-19f, as amended by this act, and cafe 516
632-permits issued under subsections (d) and (h) of section 30-22a, except 517
633-that: (1) A backer of a hotel permit issued under section 30-21 or a 518
634-restaurant permit issued under section 30-22 may be a backer of both 519
635-such classes; (2) a holder or backer of a restaurant permit issued under 520
636-section 30-22 or a cafe permit issued under subsection (a) of section 30-521
637-22a may be a holder or backer of any other or all of such classes; (3) a 522
638-holder or backer of a restaurant permit issued under section 30-22 may 523
639-be a holder or backer of a cafe permit issued under subsection (f) of 524
640-section 30-22a; (4) a backer of a restaurant permit issued under section 525
641-30-22 may be a backer of a coliseum permit issued under section 30-33a 526
642-when such restaurant is within a coliseum; (5) a backer of a hotel permit 527
643-issued under section 30-21 may be a backer of a coliseum permit issued 528
644-under section 30-33a; (6) a backer of a grocery store beer permit issued 529
645-under subsection (c) of section 30-20 may be (A) a backer of a package 530
646-store permit issued under subsection (b) of section 30-20 if such was the 531
647-case on or before May 1, 1996, and (B) a backer of a restaurant permit 532
648-issued under section 30-22, provided the restaurant permit premises do 533 Substitute Bill No. 5234
606+LCO No. 1421 17 of 33
607+
608+chapter or any regulation adopted under this chapter. Any applicant, 504
609+applicant's backer or backer shall be subject to the same disqualifications 505
610+as provided in this [section in the case of an applicant for a permit or a 506
611+permittee] chapter, or any regulation adopted under this chapter, for 507
612+permittees. 508
613+Sec. 11. Subsection (a) of section 30-48 of the 2024 supplement to the 509
614+general statutes is repealed and the following is substituted in lieu 510
615+thereof (Effective from passage): 511
616+(a) No backer or permittee of one permit class shall be a backer or 512
617+permittee of any other permit class except in the case of airline permits 513
618+issued under section 30-28a, boats operating under in-state transporter's 514
619+permits issued under section 30-19f, as amended by this act, and cafe 515
620+permits issued under subsections (d) and (h) of section 30-22a, except 516
621+that: (1) A backer of a hotel permit issued under section 30-21 or a 517
622+restaurant permit issued under section 30-22 may be a backer of both 518
623+such classes; (2) a holder or backer of a restaurant permit issued under 519
624+section 30-22 or a cafe permit issued under subsection (a) of section 30-520
625+22a may be a holder or backer of any other or all of such classes; (3) a 521
626+holder or backer of a restaurant permit issued under section 30-22 may 522
627+be a holder or backer of a cafe permit issued under subsection (f) of 523
628+section 30-22a; (4) a backer of a restaurant permit issued under section 524
629+30-22 may be a backer of a coliseum permit issued under section 30-33a 525
630+when such restaurant is within a coliseum; (5) a backer of a hotel permit 526
631+issued under section 30-21 may be a backer of a coliseum permit issued 527
632+under section 30-33a; (6) a backer of a grocery store beer permit issued 528
633+under subsection (c) of section 30-20 may be (A) a backer of a package 529
634+store permit issued under subsection (b) of section 30-20 if such was the 530
635+case on or before May 1, 1996, and (B) a backer of a restaurant permit 531
636+issued under section 30-22, provided the restaurant permit premises do 532
637+not abut or share the same space as the grocery store beer permit 533
638+premises; (7) a backer of a cafe permit issued under subsection (j) of 534
639+section 30-22a, may be a backer of a nonprofit theater permit issued 535
640+under section 30-35a; (8) a backer of a nonprofit theater permit issued 536
641+under section 30-35a may be a holder or backer of a hotel permit issued 537 Raised Bill No. 5234
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654644
655-not abut or share the same space as the grocery store beer permit 534
656-premises; (7) a backer of a cafe permit issued under subsection (j) of 535
657-section 30-22a, may be a backer of a nonprofit theater permit issued 536
658-under section 30-35a; (8) a backer of a nonprofit theater permit issued 537
659-under section 30-35a may be a holder or backer of a hotel permit issued 538
660-under section 30-21 or a coliseum permit issued under section 30-33a; 539
661-(9) a backer of a concession permit issued under section 30-33 may be a 540
662-backer of a coliseum permit issued under section 30-33a; (10) a holder of 541
663-an out-of-state winery shipper's permit for wine issued under section 542
664-30-18a may be a holder of an in-state transporter's permit issued under 543
665-section 30-19f, as amended by this act; (11) a holder of an out-of-state 544
666-shipper's permit for alcoholic liquor issued under section 30-18 or an 545
667-out-of-state winery shipper's permit for wine issued under section 30-546
668-18a may be a holder of an in-state transporter's permit issued under 547
669-section 30-19f, as amended by this act; (12) a holder of a manufacturer 548
670-permit for a farm winery issued under subsection (c) of section 30-16 or 549
671-a manufacturer permit for wine, cider and mead issued under 550
672-subsection (d) of section 30-16 may be a holder of an in-state 551
673-transporter's permit issued under section 30-19f, as amended by this act, 552
674-an off-site farm winery sales and tasting permit issued under section 30-553
675-16a or any combination of such permits; (13) the holder of a 554
676-manufacturer permit for spirits, beer, a farm winery or wine, cider and 555
677-mead, issued under subsection (a), (b), (c) or (d), respectively, of section 556
678-30-16 may be a holder of a Connecticut craft cafe permit issued under 557
679-section 30-22d, a restaurant permit or a restaurant permit for wine and 558
680-beer issued under section 30-22 or a farmers' market sales permit issued 559
681-under section 30-37o; (14) the holder of a restaurant permit issued under 560
682-section 30-22, a cafe permit issued under section 30-22a, or an in-state 561
683-transporter's permit issued under section 30-19f, as amended by this act, 562
684-may be the holder of a seasonal outdoor open-air permit issued under 563
685-section 30-22e or an outdoor open-air permit issued under section 30-564
686-22f; [and] (15) the holder of a festival permit issued under section 30-37t 565
687-may be the holder or backer of one or more of such other classes; (16) 566
688-the holder of an out-of-state shipper's permit for alcoholic liquor other 567
689-than beer issued under section 30-18, an out-of-state winery shipper's 568 Substitute Bill No. 5234
645+LCO No. 1421 18 of 33
646+
647+under section 30-21 or a coliseum permit issued under section 30-33a; 538
648+(9) a backer of a concession permit issued under section 30-33 may be a 539
649+backer of a coliseum permit issued under section 30-33a; (10) a holder of 540
650+an out-of-state winery shipper's permit for wine issued under section 541
651+30-18a may be a holder of an in-state transporter's permit issued under 542
652+section 30-19f, as amended by this act; (11) a holder of an out-of-state 543
653+shipper's permit for alcoholic liquor issued under section 30-18 or an 544
654+out-of-state winery shipper's permit for wine issued under section 30-545
655+18a may be a holder of an in-state transporter's permit issued under 546
656+section 30-19f, as amended by this act; (12) a holder of a manufacturer 547
657+permit for a farm winery issued under subsection (c) of section 30-16 or 548
658+a manufacturer permit for wine, cider and mead issued under 549
659+subsection (d) of section 30-16 may be a holder of an in-state 550
660+transporter's permit issued under section 30-19f, as amended by this act, 551
661+an off-site farm winery sales and tasting permit issued under section 30-552
662+16a or any combination of such permits; (13) the holder of a 553
663+manufacturer permit for spirits, beer, a farm winery or wine, cider and 554
664+mead, issued under subsection (a), (b), (c) or (d), respectively, of section 555
665+30-16 may be a holder of a Connecticut craft cafe permit issued under 556
666+section 30-22d, a restaurant permit or a restaurant permit for wine and 557
667+beer issued under section 30-22 or a farmers' market sales permit issued 558
668+under section 30-37o; (14) the holder of a restaurant permit issued under 559
669+section 30-22, a cafe permit issued under section 30-22a, or an in-state 560
670+transporter's permit issued under section 30-19f, as amended by this act, 561
671+may be the holder of a seasonal outdoor open-air permit issued under 562
672+section 30-22e or an outdoor open-air permit issued under section 30-563
673+22f; [and] (15) the holder of a festival permit issued under section 30-37t 564
674+may be the holder or backer of one or more of such other classes; (16) 565
675+the holder of an out-of-state shipper's permit for alcoholic liquor other 566
676+than beer issued under section 30-18 or an out-of-state winery shipper's 567
677+permit for wine issued under section 30-18a may be the holder of an out-568
678+of-state retailer shipper's permit for wine issued under section 30-18a; 569
679+and (17) the holder of a restaurant permit issued under section 30-22 570
680+may be a holder of a Connecticut craft cafe permit issued under section 571
681+30-22d, provided the permit premises are located at two different 572 Raised Bill No. 5234
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694-19 of 33
695684
696-permit for wine issued under section 30-18a or an out-of-state shipper's 569
697-permit for beer issued under section 30-19 may be the holder of an out-570
698-of-state retailer shipper's permit for wine issued under section 30-18a; 571
699-and (17) the holder of a restaurant permit issued under section 30-22 572
700-may be a holder of a Connecticut craft cafe permit issued under section 573
701-30-22d, provided the permit premises are located at two different 574
702-addresses. Any person may be a permittee of more than one permit. No 575
703-holder of a manufacturer permit for beer issued under subsection (b) of 576
704-section 30-16 and no spouse or child of such holder may be a holder or 577
705-backer of more than three restaurant permits issued under section 30-22 578
706-or cafe permits issued under section 30-22a. 579
707-Sec. 12. Section 30-51a of the general statutes is repealed and the 580
708-following is substituted in lieu thereof (Effective from passage): 581
709-Notwithstanding the provisions of subdivision (6) of subsection (a) 582
710-of section 30-47, as amended by this act, and section 30-51, as amended 583
711-by this act, a permittee of premises operating under a grocery store beer 584
712-permit issued under subsection (c) of section 30-20 may lease up to fifty 585
713-per cent of the total square footage of the premises to any person for 586
714-lawful purposes. The Department of Consumer Protection shall not 587
715-issue a permit allowing the sale or consumption of alcoholic liquor on 588
716-any such leased premises, and the sale or consumption of alcoholic 589
717-liquor shall be unlawful on any such leased premises. 590
718-Sec. 13. Section 30-51 of the general statutes is repealed and the 591
719-following is substituted in lieu thereof (Effective from passage): 592
720-No permit may be issued for the sale of alcoholic liquor in any 593
721-building, a portion of which will not be used as the permit premises, 594
722-unless the application therefor is accompanied by an affidavit signed 595
723-and affirmed by the applicant, stating that access from the portion of the 596
724-building that will not be used as the permit premises to the portion of 597
725-the building that will be used as the permit premises is effectually 598
726-[closed] separate, unless the Department of Consumer Protection 599
727-endorses upon such application that it has dispensed with such affidavit 600 Substitute Bill No. 5234
685+LCO No. 1421 19 of 33
686+
687+addresses. Any person may be a permittee of more than one permit. No 573
688+holder of a manufacturer permit for beer issued under subsection (b) of 574
689+section 30-16 and no spouse or child of such holder may be a holder or 575
690+backer of more than three restaurant permits issued under section 30-22 576
691+or cafe permits issued under section 30-22a. 577
692+Sec. 12. Section 30-51a of the general statutes is repealed and the 578
693+following is substituted in lieu thereof (Effective from passage): 579
694+Notwithstanding the provisions of subdivision (6) of subsection (a) 580
695+of section 30-47, as amended by this act, and section 30-51, as amended 581
696+by this act, a permittee of premises operating under a grocery store beer 582
697+permit issued under subsection (c) of section 30-20 may lease up to fifty 583
698+per cent of the total square footage of the premises to any person for 584
699+lawful purposes. The Department of Consumer Protection shall not 585
700+issue a permit allowing the sale or consumption of alcoholic liquor on 586
701+any such leased premises, and the sale or consumption of alcoholic 587
702+liquor shall be unlawful on any such leased premises. 588
703+Sec. 13. Section 30-51 of the general statutes is repealed and the 589
704+following is substituted in lieu thereof (Effective from passage): 590
705+No permit may be issued for the sale of alcoholic liquor in any 591
706+building, a portion of which will not be used as the permit premises, 592
707+unless the application therefor is accompanied by an affidavit signed 593
708+and affirmed by the applicant, stating that access from the portion of the 594
709+building that will not be used as the permit premises to the portion of 595
710+the building that will be used as the permit premises is effectually 596
711+[closed] separate, unless the Department of Consumer Protection 597
712+endorses upon such application that it has dispensed with such affidavit 598
713+for reasons considered by it good and satisfactory and also endorses 599
714+thereon such reasons. [If any way] No new means of access [from the 600
715+other portion of such building to the portion used as] into the permit 601
716+premises [is] shall be opened, after such permit is issued, without the 602
717+written consent of the Department of Consumer Protection endorsed on 603
718+such permit. [, such permit shall thereupon become and be forfeited, 604 Raised Bill No. 5234
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733721
734-for reasons considered by it good and satisfactory and also endorses 601
735-thereon such reasons. [If any way] No new means of access [from the 602
736-other portion of such building to the portion used as] into the permit 603
737-premises [is] shall be opened, after such permit is issued, without the 604
738-written consent of the Department of Consumer Protection endorsed on 605
739-such permit. [, such permit shall thereupon become and be forfeited, 606
740-with or without notice from the Department of Consumer Protection, 607
741-and shall be null and void. If such applicant or] If any permittee or any 608
742-backer thereof opens, causes to be opened, [permits] allows to be opened 609
743-or allows to remain open, at any time during the term for which such 610
744-permit is issued, any [way] new means of access from any portion of a 611
745-building not part of the permit premises [to any other portion of such 612
746-building that is] into the permit premises, without the written consent 613
747-of the Department of Consumer Protection endorsed on such permit, 614
748-such [persons] permittee or [backers] backer shall be subject to the 615
749-penalties provided in section 30-113. The Department of Consumer 616
750-Protection shall require every applicant for a permit to sell alcoholic 617
751-liquor to state under oath whether any portion of the building in which 618
752-it is proposed to carry on such business will not be used as the permit 619
753-premises; and, if so, the Department of Consumer Protection shall 620
754-appoint a suitable person to examine the premises and to see that any 621
755-and all access between the portion so to be used for the sale of alcoholic 622
756-liquor and the portion not so used is effectually [closed] separate, and 623
757-may designate the manner of such [closing] separation, and, if 624
758-necessary, order seals to be placed so that such way of access cannot be 625
759-opened without breaking the seals, and the breaking or removal of such 626
760-seals or other methods of preventing access, so ordered and provided, 627
761-shall be prima facie evidence of a violation of this section. The above 628
762-provisions shall not apply to any premises operating under a hotel 629
763-permit. 630
764-Sec. 14. Section 30-55 of the general statutes is repealed and the 631
765-following is substituted in lieu thereof (Effective from passage): 632
766-(a) The Department of Consumer Protection may, in its discretion, 633 Substitute Bill No. 5234
722+LCO No. 1421 20 of 33
723+
724+with or without notice from the Department of Consumer Protection, 605
725+and shall be null and void. If such applicant or] If any permittee or any 606
726+backer thereof opens, causes to be opened, [permits] allows to be opened 607
727+or allows to remain open, at any time during the term for which such 608
728+permit is issued, any [way] new means of access from any portion of a 609
729+building not part of the permit premises [to any other portion of such 610
730+building that is] into the permit premises, without the written consent 611
731+of the Department of Consumer Protection endorsed on such permit, 612
732+such [persons] permittee or [backers] backer shall be subject to the 613
733+penalties provided in section 30-113. The Department of Consumer 614
734+Protection shall require every applicant for a permit to sell alcoholic 615
735+liquor to state under oath whether any portion of the building in which 616
736+it is proposed to carry on such business will not be used as the permit 617
737+premises; and, if so, the Department of Consumer Protection shall 618
738+appoint a suitable person to examine the premises and to see that any 619
739+and all access between the portion so to be used for the sale of alcoholic 620
740+liquor and the portion not so used is effectually [closed] separate, and 621
741+may designate the manner of such [closing] separation, and, if 622
742+necessary, order seals to be placed so that such way of access cannot be 623
743+opened without breaking the seals, and the breaking or removal of such 624
744+seals or other methods of preventing access, so ordered and provided, 625
745+shall be prima facie evidence of a violation of this section. The above 626
746+provisions shall not apply to any premises operating under a hotel 627
747+permit. 628
748+Sec. 14. Section 30-55 of the general statutes is repealed and the 629
749+following is substituted in lieu thereof (Effective from passage): 630
750+(a) The Department of Consumer Protection may, in its discretion, 631
751+revoke, suspend or place conditions on any permit or provisional permit 632
752+or impose a fine of not greater than one thousand dollars per violation, 633
753+upon cause found after hearing, provided [ten days'] written notice of 634
754+such hearing has been given to the permittee, [setting forth, with the 635
755+particulars required in civil pleadings, the charges upon which such 636
756+proposed revocation, suspension, condition or fine is predicated. Any 637
757+appeal from such order of revocation, suspension, condition or fine shall 638 Raised Bill No. 5234
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772760
773-revoke, suspend or place conditions on any permit or provisional permit 634
774-or impose a fine of not greater than one thousand dollars per violation, 635
775-upon cause found after hearing, provided [ten days'] written notice of 636
776-such hearing has been given to the permittee, [setting forth, with the 637
777-particulars required in civil pleadings, the charges upon which such 638
778-proposed revocation, suspension, condition or fine is predicated. Any 639
779-appeal from such order of revocation, suspension, condition or fine shall 640
780-be taken in accordance with the provisions of section 4-183] applicant, 641
781-backer or proposed backer in accordance with the provisions of chapter 642
782-54. 643
783-(b) The surrender of a permit or provisional permit for cancellation, 644
784-the withdrawal of an application or the expiration of a permit shall not 645
785-prevent the [department] Department of Consumer Protection from 646
786-suspending or revoking any such permit pursuant to the provisions of 647
787-this section. 648
788-Sec. 15. Section 30-58a of the general statutes is repealed and the 649
789-following is substituted in lieu thereof (Effective from passage): 650
790-The Department of Consumer Protection, in [its] the department's 651
791-discretion and subject to such regulations as [it] the department may 652
792-adopt, may accept from any applicant, applicant's backer, backer or 653
793-permittee [or backer] an offer in compromise in such an amount as may 654
794-in the discretion of the department be proper under the circumstances 655
795-in lieu of the suspension of any permit previously imposed by the 656
796-department. Any sums of money so collected by the department shall 657
797-be paid forthwith into the State Treasury for the general purposes of the 658
798-state. 659
799-Sec. 16. Section 30-60 of the general statutes is repealed and the 660
800-following is substituted in lieu thereof (Effective from passage): 661
801-Any applicant for a permit or for the renewal of a permit for the 662
802-manufacture or sale of alcoholic liquor whose application is refused or 663
803-any applicant or permittee whose permit is denied, revoked or 664 Substitute Bill No. 5234
761+LCO No. 1421 21 of 33
762+
763+be taken in accordance with the provisions of section 4-183] applicant, 639
764+backer or proposed backer in accordance with the provisions of chapter 640
765+54. 641
766+(b) The surrender of a permit or provisional permit for cancellation, 642
767+the withdrawal of an application or the expiration of a permit shall not 643
768+prevent the [department] Department of Consumer Protection from 644
769+suspending or revoking any such permit pursuant to the provisions of 645
770+this section. 646
771+Sec. 15. Section 30-58a of the general statutes is repealed and the 647
772+following is substituted in lieu thereof (Effective from passage): 648
773+The Department of Consumer Protection, in [its] the department's 649
774+discretion and subject to such regulations as [it] the department may 650
775+adopt, may accept from any applicant, applicant's backer, backer or 651
776+permittee [or backer] an offer in compromise in such an amount as may 652
777+in the discretion of the department be proper under the circumstances 653
778+in lieu of the suspension of any permit previously imposed by the 654
779+department. Any sums of money so collected by the department shall 655
780+be paid forthwith into the State Treasury for the general purposes of the 656
781+state. 657
782+Sec. 16. Section 30-60 of the general statutes is repealed and the 658
783+following is substituted in lieu thereof (Effective from passage): 659
784+Any applicant for a permit or for the renewal of a permit for the 660
785+manufacture or sale of alcoholic liquor whose application is refused or 661
786+any applicant or permittee whose permit is denied, revoked or 662
787+suspended by the Department of Consumer Protection or any ten 663
788+residents who have filed a remonstrance pursuant to the provisions of 664
789+section 30-39, as amended by this act, and who are aggrieved by the 665
790+granting of a permit by the department may appeal therefrom in 666
791+accordance with section 4-183. Appeals shall be privileged in respect to 667
792+the assignment thereof. If said court decides, upon the trial of such 668
793+appeal, that the appellant is a suitable person to sell alcoholic liquor and 669
794+that the place named in [his] the appellant's application is a suitable 670 Raised Bill No. 5234
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809797
810-suspended by the Department of Consumer Protection or any ten 665
811-residents who have filed a remonstrance pursuant to the provisions of 666
812-section 30-39, as amended by this act, and who are aggrieved by the 667
813-granting of a permit by the department may appeal therefrom in 668
814-accordance with section 4-183. Appeals shall be privileged in respect to 669
815-the assignment thereof. If said court decides, upon the trial of such 670
816-appeal, that the appellant is a suitable person to sell alcoholic liquor and 671
817-that the place named in [his] the appellant's application is a suitable 672
818-place, within the class of permit applied for or revoked, and renders 673
819-judgment accordingly, a copy of such judgment shall be forthwith 674
820-transmitted by the clerk of said court to the department, and the 675
821-department shall thereupon issue a permit to such appellant to sell such 676
822-alcoholic liquor at such place for the remainder of the permit year, and 677
823-the fee to be paid therefor, unless the application is for the renewal of 678
824-the permit, in which case the full fee shall be paid, shall bear the same 679
825-proportion to the full permit fee for a year as the unexpired portion of 680
826-the year from the time when such permit was granted bears to the full 681
827-year. If the court decides on such trial that the applicant is not a suitable 682
828-person to sell alcoholic liquor or that the place named in the application 683
829-is not a suitable place, and renders judgment accordingly, a copy of such 684
830-judgment shall be forthwith transmitted by the clerk of said court to the 685
831-department and the department shall not issue a permit to such 686
832-applicant or shall rescind the granting of a permit, as the case may be. If 687
833-said court upholds the decision of the department upon the trial of such 688
834-appeal, or modifies such decision in whole or in part and renders 689
835-judgment accordingly, a copy of such judgment shall be forthwith 690
836-transmitted by the clerk of said court to the department and, if a renewal 691
837-fee has been paid within the time during which such appeal has been 692
838-pending, the department shall thereupon certify to the Treasurer a 693
839-deduction from such fee of a sum which shall bear the same proportion 694
840-to the full permit fee for a year as the portion of the year from the time 695
841-when such renewal would have become effective to the time when such 696
842-judgment was rendered bears to the full year, and the amount of such 697
843-deduction shall be paid in accordance with the provisions of section 30-698
844-5, and the remainder of such fee shall be paid by the state to the 699 Substitute Bill No. 5234
798+LCO No. 1421 22 of 33
799+
800+place, within the class of permit applied for or revoked, and renders 671
801+judgment accordingly, a copy of such judgment shall be forthwith 672
802+transmitted by the clerk of said court to the department, and the 673
803+department shall thereupon issue a permit to such appellant to sell such 674
804+alcoholic liquor at such place for the remainder of the permit year, and 675
805+the fee to be paid therefor, unless the application is for the renewal of 676
806+the permit, in which case the full fee shall be paid, shall bear the same 677
807+proportion to the full permit fee for a year as the unexpired portion of 678
808+the year from the time when such permit was granted bears to the full 679
809+year. If the court decides on such trial that the applicant is not a suitable 680
810+person to sell alcoholic liquor or that the place named in the application 681
811+is not a suitable place, and renders judgment accordingly, a copy of such 682
812+judgment shall be forthwith transmitted by the clerk of said court to the 683
813+department and the department shall not issue a permit to such 684
814+applicant or shall rescind the granting of a permit, as the case may be. If 685
815+said court upholds the decision of the department upon the trial of such 686
816+appeal, or modifies such decision in whole or in part and renders 687
817+judgment accordingly, a copy of such judgment shall be forthwith 688
818+transmitted by the clerk of said court to the department and, if a renewal 689
819+fee has been paid within the time during which such appeal has been 690
820+pending, the department shall thereupon certify to the Treasurer a 691
821+deduction from such fee of a sum which shall bear the same proportion 692
822+to the full permit fee for a year as the portion of the year from the time 693
823+when such renewal would have become effective to the time when such 694
824+judgment was rendered bears to the full year, and the amount of such 695
825+deduction shall be paid in accordance with the provisions of section 30-696
826+5, and the remainder of such fee shall be paid by the state to the 697
827+applicant. 698
828+Sec. 17. Section 30-62a of the general statutes is repealed and the 699
829+following is substituted in lieu thereof (Effective from passage): 700
830+(a) The Department of Consumer Protection, subject to such 701
831+regulations as said department [shall] may adopt, may permit more 702
832+than one consumer bar in any premises for which a permit has been 703
833+issued under this part for the retail sale of alcoholic liquor to be 704 Raised Bill No. 5234
845834
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849-23 of 33
850836
851-applicant. 700
852-Sec. 17. Section 30-62a of the general statutes is repealed and the 701
853-following is substituted in lieu thereof (Effective from passage): 702
854-(a) The Department of Consumer Protection, subject to such 703
855-regulations as said department [shall] may adopt, may permit more 704
856-than one consumer bar in any premises for which a permit has been 705
857-issued under this part for the retail sale of alcoholic liquor to be 706
858-consumed on [the] such premises. A consumer bar is a counter, with or 707
859-without seats, at which a patron may purchase and consume or 708
860-purchase alcoholic liquor. The fee for each additional consumer bar shall 709
861-be one hundred ninety dollars per annum. 710
862-(b) The Department of Consumer Protection, subject to such 711
863-regulations as said department may adopt, may permit more than one 712
864-consumer service bar in any premises for which a permit has been 713
865-issued under this part for the retail sale of alcoholic liquor to be 714
866-consumed on such premises. A consumer service bar is a counter, 715
867-without seats, at which a patron may purchase alcoholic liquor, but for 716
868-which the primary function is to facilitate the purchase of food. 717
869-Alcoholic liquor may be served to a patron across the consumer service 718
870-bar, but no patron shall sit or consume alcoholic liquor or food at the 719
871-consumer service bar. Minors may stand at a consumer service bar for 720
872-the purpose of ordering and receiving food. No premises shall have both 721
873-a self-pour endorsement and a consumer service bar endorsement. 722
874-Sec. 18. Section 30-78 of the general statutes is repealed and the 723
875-following is substituted in lieu thereof (Effective from passage): 724
876-(a) All alcoholic liquor which is intended by the owner or keeper 725
877-thereof to be manufactured or sold in violation of law shall, together 726
878-with the vessels in which such liquor is contained, be a nuisance and 727
879-subject to confiscation by the Commissioner of Consumer Protection or 728
880-the commissioner's authorized agent. The Department of Consumer 729
881-Protection may dispose of any intoxicating liquor, acquired in 730 Substitute Bill No. 5234
837+LCO No. 1421 23 of 33
838+
839+consumed on the premises. A consumer bar is a counter, with or without 705
840+seats, at which a patron may purchase and consume or purchase 706
841+alcoholic liquor. The fee for each additional consumer bar shall be one 707
842+hundred ninety dollars per annum. 708
843+(b) The Department of Consumer Protection, subject to such 709
844+regulations as said department may adopt, may permit more than one 710
845+consumer service bar in any premises for which a permit has been 711
846+issued under this part for the retail sale of alcoholic liquor to be 712
847+consumed on such premises. A consumer service bar is a counter, 713
848+without seats, at which a patron may purchase alcoholic liquor, but for 714
849+which the primary function is to facilitate the purchase of food. 715
850+Alcoholic liquor may be served to a patron across the consumer service 716
851+bar, but no patron shall sit or consume alcoholic liquor or food at the 717
852+consumer service bar. Minors may stand at a consumer service bar for 718
853+the purpose of ordering and receiving food. No premises shall have both 719
854+a self-pour endorsement and a consumer service bar endorsement. 720
855+Sec. 18. Section 30-78 of the general statutes is repealed and the 721
856+following is substituted in lieu thereof (Effective from passage): 722
857+(a) All alcoholic liquor which is intended by the owner or keeper 723
858+thereof to be manufactured or sold in violation of law shall, together 724
859+with the vessels in which such liquor is contained, be a nuisance and 725
860+subject to confiscation by the Commissioner of Consumer Protection or 726
861+the commissioner's authorized agent. The Department of Consumer 727
862+Protection may dispose of any intoxicating liquor, acquired in 728
863+connection with the administration of this chapter, by public or private 729
864+sale in such manner and upon such terms as it deems practical and, in 730
865+cases where sale is impracticable, by delivering [it] such intoxicating 731
866+liquor to any state institution which has use therefor. All proceeds from 732
867+such sale shall be paid into the State Treasury to the credit of the General 733
868+Fund. 734
869+(b) (1) If, during an inspection or investigation of a permittee, the 735
870+Commissioner of Consumer Protection or the commissioner's 736 Raised Bill No. 5234
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886-24 of 33
887873
888-connection with the administration of this chapter, by public or private 731
889-sale in such manner and upon such terms as it deems practical and, in 732
890-cases where sale is impracticable, by delivering [it] such intoxicating 733
891-liquor to any state institution which has use therefor. All proceeds from 734
892-such sale shall be paid into the State Treasury to the credit of the General 735
893-Fund. 736
894-(b) (1) If, during an inspection or investigation of a permittee, the 737
895-Commissioner of Consumer Protection or the commissioner's 738
896-authorized agent has probable cause to believe that the permittee is in 739
897-possession of, or there exists on the permit premises, any item listed in 740
898-subdivision (2) of this subsection, the commissioner or the 741
899-commissioner's authorized agent may affix to such item a tag or other 742
900-appropriate marking to indicate that such item is, or is suspected to be, 743
901-in violation of this chapter and has been embargoed, provided the 744
902-commissioner or the commissioner's authorized agent gives advance 745
903-written notice to the permittee disclosing such violation, or suspected 746
904-violation, and embargo. 747
905-(2) Subject to the provisions of this subsection, the commissioner or 748
906-the commissioner's authorized agent may embargo the following items 749
907-if such items are discovered as part of an inspection or investigation 750
908-described in subdivision (1) of this subsection: 751
909-(A) Any unauthorized gambling device, illegitimate lottery ticket, or 752
910-illegal gambling or bookmaking equipment; 753
911-(B) Any driver's license or identification card that is used by any 754
912-person, other than the person to whom such driver's license or 755
913-identification card was issued, to unlawfully (i) enter, or attempt to 756
914-enter, the permit premises, or (ii) purchase, or attempt to purchase, 757
915-alcoholic liquor; 758
916-(C) Any imitation of a driver's license or identification card that is 759
917-used by any person to unlawfully (i) enter, or attempt to enter, the 760
918-permit premises, or (ii) purchase, or attempt to purchase, alcoholic 761 Substitute Bill No. 5234
874+LCO No. 1421 24 of 33
875+
876+authorized agent has probable cause to believe that the permittee is in 737
877+possession of, or there exists on the permit premises, any item listed in 738
878+subdivision (2) of this subsection, the commissioner or the 739
879+commissioner's authorized agent may affix to such item a tag or other 740
880+appropriate marking to indicate that such item is, or is suspected to be, 741
881+in violation of this chapter and has been embargoed, provided the 742
882+commissioner or the commissioner's authorized agent gives advance 743
883+written notice to the permittee disclosing such violation, or suspected 744
884+violation, and embargo. 745
885+(2) Subject to the provisions of this subsection, the commissioner or 746
886+the commissioner's authorized agent may embargo the following items 747
887+if such items are discovered as part of an inspection or investigation 748
888+described in subdivision (1) of this subsection: 749
889+(A) Any unauthorized gambling device, illegitimate lottery ticket, or 750
890+illegal gambling or bookmaking equipment; 751
891+(B) Any driver's license or identification card, issued in accordance 752
892+with the provisions of section 1-1h, that is used by any person, other 753
893+than the person to whom such driver's license or identification card was 754
894+issued, to unlawfully (i) enter, or attempt to enter, the permit premises, 755
895+or (ii) purchase, or attempt to purchase, alcoholic liquor; 756
896+(C) Any imitation of a driver's license or identification card, issued in 757
897+accordance with the provisions of section 1-1h, that is used by any 758
898+person to unlawfully (i) enter, or attempt to enter, the permit premises, 759
899+or (ii) purchase, or attempt to purchase, alcoholic liquor; 760
900+(D) Any drug, as defined in section 20-571, that is offered or made 761
901+available for sale by any person who is not authorized to offer such drug 762
902+or make such drug available for sale; 763
903+(E) Any high-THC hemp product, as defined in section 21a-240; 764
904+(F) Any synthetic cannabinoid, as defined in section 21a-240; and 765
905+(G) Any tobacco products that are sold without a stamp or by any 766 Raised Bill No. 5234
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923-25 of 33
924908
925-liquor; 762
926-(D) Any drug, as defined in section 20-571, that is offered or made 763
927-available for sale by any person who is not authorized to offer such drug 764
928-or make such drug available for sale; 765
929-(E) Any high-THC hemp product, as defined in section 21a-240; 766
930-(F) Any synthetic cannabinoid, as defined in section 21a-240; and 767
931-(G) Any tobacco products that are sold without a stamp or by any 768
932-person other than a dealer, as said terms are defined in section 12-285. 769
933-(3) No person shall remove or dispose of any embargoed item, by sale 770
934-or otherwise, unless such person obtains advance written consent from 771
935-the commissioner or the commissioner's authorized agent for such 772
936-removal or disposal. 773
937-(4) Not later than fifteen days after a permittee receives a written 774
938-notice under subdivision (1) of this subsection, the permittee may 775
939-submit to the department a written request for a hearing to remove the 776
940-embargo. The commissioner shall cause such hearing to be held not later 777
941-than forty-five days after the department receives the permittee's 778
942-written request for a hearing, and such hearing shall be conducted 779
943-pursuant to chapter 54. If the embargo is removed, neither the 780
944-commissioner nor the state shall be held liable for any damages incurred 781
945-for any injury sustained due to such embargo if the commissioner, the 782
946-commissioner's designee or a court of competent jurisdiction finds that 783
947-there was probable cause to impose such embargo. 784
948-(c) (1) In addition to any embargo imposed under subsection (b) of 785
949-this section, the Commissioner of Consumer Protection or the 786
950-commissioner's authorized agent may confiscate the following items if 787
951-such items are present on any permit premises: 788
952-(A) Any driver's license or identification card that is used by any 789
953-person, other than the person to whom such driver's license or 790 Substitute Bill No. 5234
909+LCO No. 1421 25 of 33
910+
911+person other than a dealer, as said terms are defined in section 12-285. 767
912+(3) No person shall remove or dispose of any embargoed item, by sale 768
913+or otherwise, unless such person obtains advance written consent from 769
914+the commissioner or the commissioner's authorized agent for such 770
915+removal or disposal. 771
916+(4) Not later than fifteen days after a permittee receives a written 772
917+notice under subdivision (1) of this subsection, the permittee may 773
918+submit to the department a written request for a hearing to remove the 774
919+embargo. The commissioner shall cause such hearing to be held not later 775
920+than forty-five days after the department receives the permittee's 776
921+written request for a hearing, and such hearing shall be conducted 777
922+pursuant to chapter 54. If the embargo is removed, neither the 778
923+commissioner nor the state shall be held liable for any damages incurred 779
924+for any injury sustained due to such embargo if the commissioner, the 780
925+commissioner's designee or a court of competent jurisdiction finds that 781
926+there was probable cause to impose such embargo. 782
927+(c) (1) In addition to any embargo imposed under subsection (b) of 783
928+this section, the Commissioner of Consumer Protection or the 784
929+commissioner's authorized agent may confiscate the following items if 785
930+such items are present on any permit premises: 786
931+(A) Any driver's license or identification card, issued in accordance 787
932+with the provisions of section 1-1h, that is used by any person, other 788
933+than the person to whom such driver's license or identification card was 789
934+issued, to unlawfully (i) enter, or attempt to enter, the permit premises, 790
935+or (ii) purchase, or attempt to purchase, alcoholic liquor; and 791
936+(B) Any imitation of a driver's license or identification card, issued in 792
937+accordance with the provisions of section 1-1h, that is used by any 793
938+person to unlawfully (i) enter, or attempt to enter, the permit premises, 794
939+or (ii) purchase, or attempt to purchase, alcoholic liquor. 795
940+(2) To effectuate any confiscation authorized under subdivision (1) of 796
941+this subsection, the commissioner or commissioner's authorized agent 797 Raised Bill No. 5234
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958-26 of 33
959944
960-identification card was issued, to unlawfully (i) enter, or attempt to 791
961-enter, the permit premises, or (ii) purchase, or attempt to purchase, 792
962-alcoholic liquor; and 793
963-(B) Any imitation of a driver's license or identification card that is 794
964-used by any person to unlawfully (i) enter, or attempt to enter, the 795
965-permit premises, or (ii) purchase, or attempt to purchase, alcoholic 796
966-liquor. 797
967-(2) To effectuate any confiscation authorized under subdivision (1) of 798
968-this subsection, the commissioner or commissioner's authorized agent 799
969-shall provide to the permittee a written inventory of the items that the 800
970-commissioner or the commissioner's authorized agent has confiscated, 801
971-along with a narrative description of the basis for such confiscation. 802
972-(3) Not later than two days after the commissioner or the 803
973-commissioner's authorized agent completes any confiscation authorized 804
974-under subdivision (1) of this subsection, the commissioner or the 805
975-commissioner's authorized agent shall submit to the law enforcement 806
976-agency having jurisdiction over the permit premises a written notice 807
977-disclosing that such confiscation occurred. 808
978-(4) Not later than fifteen days after the commissioner or the 809
979-commissioner's authorized agent completes any confiscation authorized 810
980-under subdivision (1) of this subsection, the permittee may submit to 811
981-the department a written request for a hearing to revoke the 812
982-confiscation. The commissioner shall cause such hearing to be held not 813
983-later than forty-five days after the department receives the permittee's 814
984-written request for a hearing, and such hearing shall be conducted 815
985-pursuant to chapter 54. If the confiscation is revoked, neither the 816
986-commissioner nor the state shall be held liable for any damages incurred 817
987-for any injury sustained due to such confiscation if the commissioner, 818
988-the commissioner's designee or a court of competent jurisdiction finds 819
989-that there was probable cause to make such confiscation. 820
990-Sec. 19. Section 30-86 of the general statutes is repealed and the 821 Substitute Bill No. 5234
945+LCO No. 1421 26 of 33
946+
947+shall provide to the permittee a written inventory of the items that the 798
948+commissioner or the commissioner's authorized agent has confiscated, 799
949+along with a narrative description of the basis for such confiscation. 800
950+(3) Not later than two days after the commissioner or the 801
951+commissioner's authorized agent completes any confiscation authorized 802
952+under subdivision (1) of this subsection, the commissioner or the 803
953+commissioner's authorized agent shall submit to the law enforcement 804
954+agency having jurisdiction over the permit premises a written notice 805
955+disclosing that such confiscation occurred. 806
956+(4) Not later than fifteen days after the commissioner or the 807
957+commissioner's authorized agent completes any confiscation authorized 808
958+under subdivision (1) of this subsection, the permittee may submit to 809
959+the department a written request for a hearing to revoke the 810
960+confiscation. The commissioner shall cause such hearing to be held not 811
961+later than forty-five days after the department receives the permittee's 812
962+written request for a hearing, and such hearing shall be conducted 813
963+pursuant to chapter 54. If the confiscation is revoked, neither the 814
964+commissioner nor the state shall be held liable for any damages incurred 815
965+for any injury sustained due to such confiscation if the commissioner, 816
966+the commissioner's designee or a court of competent jurisdiction finds 817
967+that there was probable cause to make such confiscation. 818
968+Sec. 19. Section 30-86 of the general statutes is repealed and the 819
969+following is substituted in lieu thereof (Effective from passage): 820
970+(a) As used in this section: 821
971+(1) "Cardholder" means any person who presents a driver's license or 822
972+an identity card to a permittee or permittee's agent or employee, to 823
973+purchase or receive alcoholic liquor from such permittee or permittee's 824
974+agent or employee; 825
975+(2) "Identity card" means an identification card issued in accordance 826
976+with the provisions of section 1-1h; 827 Raised Bill No. 5234
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995-27 of 33
996979
997-following is substituted in lieu thereof (Effective from passage): 822
998-(a) As used in this section: 823
999-(1) "Cardholder" means any person who presents a driver's license or 824
1000-an identity card to a permittee or permittee's agent or employee, to 825
1001-purchase or receive alcoholic liquor from such permittee or permittee's 826
1002-agent or employee; 827
1003-(2) "Identity card" means an identification card issued in accordance 828
1004-with the provisions of section 1-1h; 829
1005-(3) "Transaction scan" means the process by which a permittee or 830
1006-permittee's agent or employee checks, by means of a transaction scan 831
1007-device, the validity of a driver's license or an identity card; and 832
1008-(4) "Transaction scan device" means any commercial device or 833
1009-combination of devices used at a point of sale that is capable of 834
1010-deciphering in an electronically readable format the information 835
1011-encoded on the magnetic strip or bar code of a driver's license or an 836
1012-identity card. 837
1013-(b) (1) Any permittee or any servant or agent of a permittee who sells 838
1014-or delivers alcoholic liquor to any minor or any intoxicated person, or to 839
1015-any habitual drunkard, knowing the person to be such [an] a habitual 840
1016-drunkard, shall be subject to the penalties of section 30-113. 841
1017-(2) Any person who sells, ships, delivers or gives alcoholic liquor to 842
1018-a minor, by any means, including, but not limited to, the Internet or any 843
1019-other on-line computer network, except on the order of a practicing 844
1020-physician, shall be fined not more than three thousand five hundred 845
1021-dollars or imprisoned not more than eighteen months, or both. 846
1022-(3) The provisions of this subsection shall not apply (A) to a sale, 847
1023-shipment or delivery made to a person over age eighteen who is an 848
1024-employee or permit holder under section 30-90a and where such sale, 849
1025-shipment or delivery is made in the course of such person's employment 850 Substitute Bill No. 5234
980+LCO No. 1421 27 of 33
981+
982+(3) "Transaction scan" means the process by which a permittee or 828
983+permittee's agent or employee checks, by means of a transaction scan 829
984+device, the validity of a driver's license or an identity card; and 830
985+(4) "Transaction scan device" means any commercial device or 831
986+combination of devices used at a point of sale that is capable of 832
987+deciphering in an electronically readable format the information 833
988+encoded on the magnetic strip or bar code of a driver's license or an 834
989+identity card. 835
990+(b) (1) Any permittee or any servant or agent of a permittee who sells 836
991+or delivers alcoholic liquor to any minor or any intoxicated person, or to 837
992+any habitual drunkard, knowing the person to be such [an] a habitual 838
993+drunkard, shall be subject to the penalties of section 30-113. 839
994+(2) Any person who sells, ships, delivers or gives alcoholic liquor to 840
995+a minor, by any means, including, but not limited to, the Internet or any 841
996+other on-line computer network, except on the order of a practicing 842
997+physician, shall be fined not more than three thousand five hundred 843
998+dollars or imprisoned not more than eighteen months, or both. 844
999+(3) The provisions of this subsection shall not apply (A) to a sale, 845
1000+shipment or delivery made to a person over age eighteen who is an 846
1001+employee or permit holder under section 30-90a and where such sale, 847
1002+shipment or delivery is made in the course of such person's employment 848
1003+or business, (B) to a sale, shipment or delivery made in good faith to a 849
1004+minor who practices any deceit in the procurement of an identity card 850
1005+issued in accordance with the provisions of section 1-1h, who uses or 851
1006+exhibits any such identity card belonging to any other person or who 852
1007+uses or exhibits any such identity card that has been altered or tampered 853
1008+with in any way, or (C) to a shipment or delivery made to a minor by a 854
1009+parent, guardian or spouse of the minor, provided such parent, 855
1010+guardian or spouse has attained the age of twenty-one and provided 856
1011+such minor possesses such alcoholic liquor while accompanied by such 857
1012+parent, guardian or spouse. 858
1013+(4) Nothing in this subsection shall be construed to burden a person's 859 Raised Bill No. 5234
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10311016
1032-or business, (B) to a sale, shipment or delivery made in good faith to a 851
1033-minor who practices any deceit in the procurement of an identity card 852
1034-issued in accordance with the provisions of section 1-1h, who uses or 853
1035-exhibits any such identity card belonging to any other person or who 854
1036-uses or exhibits any such identity card that has been altered or tampered 855
1037-with in any way, or (C) to a shipment or delivery made to a minor by a 856
1038-parent, guardian or spouse of the minor, provided such parent, 857
1039-guardian or spouse has attained the age of twenty-one and provided 858
1040-such minor possesses such alcoholic liquor while accompanied by such 859
1041-parent, guardian or spouse. 860
1042-(4) Nothing in this subsection shall be construed to burden a person's 861
1043-exercise of religion under section 3 of article first of the Constitution of 862
1044-the state in violation of subsection (a) of section 52-571b. 863
1045-(c) (1) A permittee or permittee's agent or employee may perform a 864
1046-transaction scan to check the validity of a driver's license or identity card 865
1047-presented by a cardholder as a condition for selling, giving away or 866
1048-otherwise distributing alcoholic liquor to the cardholder. 867
1049-(2) If the information deciphered by the transaction scan performed 868
1050-under subdivision (1) of this subsection fails to match the information 869
1051-printed on the driver's license or identity card presented by the 870
1052-cardholder, or if the transaction scan indicates that the information so 871
1053-printed is false or fraudulent, neither the permittee nor any permittee's 872
1054-agent or employee shall sell, give away or otherwise distribute any 873
1055-alcoholic liquor to the cardholder. 874
1056-(3) Subdivision (1) of this subsection does not preclude a permittee or 875
1057-permittee's agent or employee from using a transaction scan device to 876
1058-check the validity of a document presented as identification other than 877
1059-a driver's license or an identity card, if the document includes a bar code 878
1060-or magnetic strip that may be scanned by the device, as a condition for 879
1061-selling, giving away or otherwise distributing alcoholic liquor to the 880
1062-person presenting the document. 881 Substitute Bill No. 5234
1017+LCO No. 1421 28 of 33
1018+
1019+exercise of religion under section 3 of article first of the Constitution of 860
1020+the state in violation of subsection (a) of section 52-571b. 861
1021+(c) (1) A permittee or permittee's agent or employee may perform a 862
1022+transaction scan to check the validity of a driver's license or identity card 863
1023+presented by a cardholder as a condition for selling, giving away or 864
1024+otherwise distributing alcoholic liquor to the cardholder. 865
1025+(2) If the information deciphered by the transaction scan performed 866
1026+under subdivision (1) of this subsection fails to match the information 867
1027+printed on the driver's license or identity card presented by the 868
1028+cardholder, or if the transaction scan indicates that the information so 869
1029+printed is false or fraudulent, neither the permittee nor any permittee's 870
1030+agent or employee shall sell, give away or otherwise distribute any 871
1031+alcoholic liquor to the cardholder. 872
1032+(3) Subdivision (1) of this subsection does not preclude a permittee or 873
1033+permittee's agent or employee from using a transaction scan device to 874
1034+check the validity of a document presented as identification other than 875
1035+a driver's license or an identity card, if the document includes a bar code 876
1036+or magnetic strip that may be scanned by the device, as a condition for 877
1037+selling, giving away or otherwise distributing alcoholic liquor to the 878
1038+person presenting the document. 879
1039+(d) (1) No permittee or permittee's agent or employee shall 880
1040+electronically or mechanically record or maintain any information 881
1041+derived from a transaction scan, except the following: (A) The name and 882
1042+date of birth of the person listed on the driver's license or identity card 883
1043+presented by a cardholder; and (B) the expiration date and identification 884
1044+number of the driver's license or identity card presented by a 885
1045+cardholder. 886
1046+(2) No permittee or permittee's agent or employee shall use a 887
1047+transaction scan device for a purpose other than the purposes specified 888
1048+in subsection (c) of this section, subsection (d) of section 53-344 or 889
1049+subsection (e) of section 53-344b. 890 Raised Bill No. 5234
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10681052
1069-(d) (1) No permittee or permittee's agent or employee shall 882
1070-electronically or mechanically record or maintain any information 883
1071-derived from a transaction scan, except the following: (A) The name and 884
1072-date of birth of the person listed on the driver's license or identity card 885
1073-presented by a cardholder; and (B) the expiration date and identification 886
1074-number of the driver's license or identity card presented by a 887
1075-cardholder. 888
1076-(2) No permittee or permittee's agent or employee shall use a 889
1077-transaction scan device for a purpose other than the purposes specified 890
1078-in subsection (c) of this section, subsection (d) of section 53-344 or 891
1079-subsection (e) of section 53-344b. 892
1080-(3) No permittee or permittee's agent or employee shall sell or 893
1081-otherwise disseminate the information derived from a transaction scan 894
1082-to any third party for any purpose, including, but not limited to, any 895
1083-marketing, advertising or promotional activities, except that a permittee 896
1084-or permittee's agent or employee may release that information pursuant 897
1085-to a court order. 898
1086-(4) Nothing in subsection (c) of this section or this subsection relieves 899
1087-a permittee or permittee's agent or employee of any responsibility to 900
1088-comply with any other applicable state or federal laws or rules 901
1089-governing the sale, giving away or other distribution of alcoholic liquor. 902
1090-(5) Any person who violates this subsection shall be subject to any 903
1091-penalty set forth in section 30-55, as amended by this act. 904
1092-(e) (1) In any prosecution of a permittee or permittee's agent or 905
1093-employee for selling alcoholic liquor to a minor in violation of 906
1094-subsection (b) of this section, it shall be an affirmative defense that all of 907
1095-the following occurred: (A) A cardholder attempting to purchase or 908
1096-receive alcoholic liquor presented a driver's license or an identity card; 909
1097-(B) a transaction scan of the driver's license or identity card that the 910
1098-cardholder presented indicated that the license or card was valid; and 911
1099-(C) the alcoholic liquor was sold, given away or otherwise distributed 912 Substitute Bill No. 5234
1053+LCO No. 1421 29 of 33
1054+
1055+(3) No permittee or permittee's agent or employee shall sell or 891
1056+otherwise disseminate the information derived from a transaction scan 892
1057+to any third party for any purpose, including, but not limited to, any 893
1058+marketing, advertising or promotional activities, except that a permittee 894
1059+or permittee's agent or employee may release that information pursuant 895
1060+to a court order. 896
1061+(4) Nothing in subsection (c) of this section or this subsection relieves 897
1062+a permittee or permittee's agent or employee of any responsibility to 898
1063+comply with any other applicable state or federal laws or rules 899
1064+governing the sale, giving away or other distribution of alcoholic liquor. 900
1065+(5) Any person who violates this subsection shall be subject to any 901
1066+penalty set forth in section 30-55, as amended by this act. 902
1067+(e) (1) In any prosecution of a permittee or permittee's agent or 903
1068+employee for selling alcoholic liquor to a minor in violation of 904
1069+subsection (b) of this section, it shall be an affirmative defense that all of 905
1070+the following occurred: (A) A cardholder attempting to purchase or 906
1071+receive alcoholic liquor presented a driver's license or an identity card; 907
1072+(B) a transaction scan of the driver's license or identity card that the 908
1073+cardholder presented indicated that the license or card was valid; and 909
1074+(C) the alcoholic liquor was sold, given away or otherwise distributed 910
1075+to the cardholder in reasonable reliance upon the identification 911
1076+presented and the completed transaction scan. 912
1077+(2) In determining whether a permittee or permittee's agent or 913
1078+employee has proven the affirmative defense provided by subdivision 914
1079+(1) of this subsection, the trier of fact in such prosecution shall consider 915
1080+that reasonable reliance upon the identification presented and the 916
1081+completed transaction scan may require a permittee or permittee's agent 917
1082+or employee to exercise reasonable diligence and that the use of a 918
1083+transaction scan device does not excuse a permittee or permittee's agent 919
1084+or employee from exercising such reasonable diligence to determine the 920
1085+following: (A) Whether a person to whom the permittee or permittee's 921
1086+agent or employee sells, gives away or otherwise distributes alcoholic 922 Raised Bill No. 5234
11001087
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11051089
1106-to the cardholder in reasonable reliance upon the identification 913
1107-presented and the completed transaction scan. 914
1108-(2) In determining whether a permittee or permittee's agent or 915
1109-employee has proven the affirmative defense provided by subdivision 916
1110-(1) of this subsection, the trier of fact in such prosecution shall consider 917
1111-that reasonable reliance upon the identification presented and the 918
1112-completed transaction scan may require a permittee or permittee's agent 919
1113-or employee to exercise reasonable diligence and that the use of a 920
1114-transaction scan device does not excuse a permittee or permittee's agent 921
1115-or employee from exercising such reasonable diligence to determine the 922
1116-following: (A) Whether a person to whom the permittee or permittee's 923
1117-agent or employee sells, gives away or otherwise distributes alcoholic 924
1118-liquor is twenty-one years of age or older; and (B) whether the 925
1119-description and picture appearing on the driver's license or identity card 926
1120-presented by a cardholder are those of the cardholder. 927
1121-(f) Any minor who participates in an investigation or enforcement 928
1122-action initiated by, or operated in conjunction with, the Department of 929
1123-Consumer Protection pursuant to this chapter shall be considered a state 930
1124-officer, afforded the legal protections set forth in section 4-165 and 931
1125-indemnified by the state under section 5-141d for any action taken 932
1126-pursuant to a directive by the department related to such minor's 933
1127-participation in such investigation or action. 934
1128-Sec. 20. Subsection (a) of section 30-86a of the general statutes is 935
1129-repealed and the following is substituted in lieu thereof (Effective from 936
1130-passage): 937
1131-(a) For the purposes of section 30-86, as amended by this act, any 938
1132-permittee shall require any person whose age is in question to fill out 939
1133-and sign a statement in the following form on one occasion when each 940
1134-such person makes a purchase: 941
1135-...., 20.. 942
1136-I, ...., hereby represent to ...., a permittee of the Connecticut 943 Substitute Bill No. 5234
1090+LCO No. 1421 30 of 33
1091+
1092+liquor is twenty-one years of age or older; and (B) whether the 923
1093+description and picture appearing on the driver's license or identity card 924
1094+presented by a cardholder are those of the cardholder. 925
1095+(f) Any minor who participates in an investigation or enforcement 926
1096+action initiated by, or operated in conjunction with, the Department of 927
1097+Consumer Protection pursuant to this chapter shall be considered a state 928
1098+officer, afforded the legal protections set forth in section 4-165 and 929
1099+indemnified by the state under section 5-141d for any action taken 930
1100+pursuant to a directive by the department related to such minor's 931
1101+participation in such investigation or action. 932
1102+Sec. 20. Subsection (a) of section 30-86a of the general statutes is 933
1103+repealed and the following is substituted in lieu thereof (Effective from 934
1104+passage): 935
1105+(a) For the purposes of section 30-86, as amended by this act, any 936
1106+permittee shall require any person whose age is in question to fill out 937
1107+and sign a statement in the following form on one occasion when each 938
1108+such person makes a purchase: 939
1109+...., 20.. 940
1110+I, ...., hereby represent to ...., a permittee of the Connecticut 941
1111+Department of Consumer Protection, that I am over the age of 21 years, 942
1112+having been born on ...., 19.. or 20.., at ..... This statement is made to 943
1113+induce said permittee to sell or otherwise furnish alcoholic beverages to 944
1114+the undersigned. I understand that title 30 of the general statutes 945
1115+prohibits the sale of alcoholic liquor to any person who is not twenty-946
1116+one years of age. 947
1117+I understand that I am subject to a fine of one hundred dollars for the 948
1118+first offense and not more than two hundred fifty dollars for each 949
1119+subsequent offense for wilfully misrepresenting my age for the 950
1120+purposes set forth in this statement. 951
1121+.... (Name) 952 Raised Bill No. 5234
11371122
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11421124
1143-Department of Consumer Protection, that I am over the age of 21 years, 944
1144-having been born on ...., 19.. or 20.., at ..... This statement is made to 945
1145-induce said permittee to sell or otherwise furnish alcoholic beverages to 946
1146-the undersigned. I understand that title 30 of the general statutes 947
1147-prohibits the sale of alcoholic liquor to any person who is not twenty-948
1148-one years of age. 949
1149-I understand that I am subject to a fine of one hundred dollars for the 950
1150-first offense and not more than two hundred fifty dollars for each 951
1151-subsequent offense for wilfully misrepresenting my age for the 952
1152-purposes set forth in this statement. 953
1153-.... (Name) 954
1154-.... (Address) 955
1155-Such statement once taken shall be applicable both to the particular 956
1156-sale in connection with which such statement was taken, as well as to all 957
1157-future sales at the same premises, and shall have full force and effect 958
1158-under subsection (b) of this section as to every subsequent sale or 959
1159-purchase. Such statement shall be printed upon appropriate forms to be 960
1160-furnished by the [permittees] permittee and approved by the 961
1161-Department of Consumer Protection [and] or electronically displayed 962
1162-by the permittee on an electronic device that is capable of allowing the 963
1163-person whose age is in question to electronically fill out and sign such 964
1164-statement. If such statement is filled out and signed in paper form, such 965
1165-statement shall be kept on file on the permit premises, alphabetically 966
1166-indexed, in a suitable file box, and shall be open to inspection by the 967
1167-[Department of Consumer Protection] department or any of [its] the 968
1168-department's agents or inspectors at any reasonable time. If such 969
1169-statement is filled out and signed in electronic form, such statement 970
1170-shall be stored in an electronic medium that is immediately accessible 971
1171-from the permit premises, alphabetically indexed, and shall be in an 972
1172-electronic format that is accessible to the department or any of the 973
1173-department's agents or inspectors at any reasonable time. Any person 974
1174-who makes any false statement on a form signed by [him] such person 975 Substitute Bill No. 5234
1125+LCO No. 1421 31 of 33
1126+
1127+.... (Address) 953
1128+Such statement once taken shall be applicable both to the particular 954
1129+sale in connection with which such statement was taken, as well as to all 955
1130+future sales at the same premises, and shall have full force and effect 956
1131+under subsection (b) of this section as to every subsequent sale or 957
1132+purchase. Such statement shall be printed upon appropriate forms to be 958
1133+furnished by the [permittees] permittee and approved by the 959
1134+Department of Consumer Protection [and] or electronically displayed 960
1135+by the permittee on an electronic device that is capable of allowing the 961
1136+person whose age is in question to electronically fill out and sign such 962
1137+statement. If such statement is filled out and signed in paper form, such 963
1138+statement shall be kept on file on the permit premises, alphabetically 964
1139+indexed, in a suitable file box, and shall be open to inspection by the 965
1140+[Department of Consumer Protection] department or any of [its] the 966
1141+department's agents or inspectors at any reasonable time. If such 967
1142+statement is filled out and signed in electronic form, such statement 968
1143+shall be stored in an electronic medium that is immediately accessible 969
1144+from the permit premises, alphabetically indexed, and shall be in an 970
1145+electronic format that is accessible to the department or any of the 971
1146+department's agents or inspectors at any reasonable time. Any person 972
1147+who makes any false statement on a form signed by [him] such person 973
1148+as required by this section shall be fined not more than one hundred 974
1149+dollars for the first offense and not more than two hundred fifty dollars 975
1150+for each subsequent offense. 976
1151+Sec. 21. Section 30-90 of the general statutes is repealed and the 977
1152+following is substituted in lieu thereof (Effective from passage): 978
1153+Any permittee who, either personally or through such permittee's 979
1154+servant or agent, allows any minor, intoxicated person or [any] person 980
1155+to whom the sale or gift of alcoholic liquor has been prohibited by law 981
1156+to loiter on the permit premises where alcoholic liquor is kept for sale, 982
1157+or who allows any minor, other than a person who is at least eighteen 983
1158+years of age and an employee or permit holder under section 30-90a or 984
1159+a minor accompanied by the minor's parent or guardian, or intoxicated 985 Raised Bill No. 5234
11751160
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11801162
1181-as required by this section shall be fined not more than one hundred 976
1182-dollars for the first offense and not more than two hundred fifty dollars 977
1183-for each subsequent offense. 978
1184-Sec. 21. Section 30-90 of the general statutes is repealed and the 979
1185-following is substituted in lieu thereof (Effective from passage): 980
1186-Any permittee who, either personally or through such permittee's 981
1187-servant or agent, allows any minor, intoxicated person or [any] person 982
1188-to whom the sale or gift of alcoholic liquor has been prohibited by law 983
1189-to loiter on the permit premises where alcoholic liquor is kept for sale, 984
1190-or who allows any minor, other than a person who is at least eighteen 985
1191-years of age and an employee or permit holder under section 30-90a or 986
1192-a minor accompanied by the minor's parent or guardian, or intoxicated 987
1193-person to be in any room where alcoholic liquor is served at any bar, 988
1194-shall be subject to the penalties described in section 30-113. For 989
1195-barrooms consisting of only one room and for permit premises without 990
1196-effective separation between a barroom and a dining room, an 991
1197-unaccompanied minor or intoxicated person may remain on the permit 992
1198-premises while waiting for and consuming food prepared on such 993
1199-permit premises. No minor may sit or stand at a consumer bar without 994
1200-being accompanied by a parent, guardian or spouse. 995
1163+LCO No. 1421 32 of 33
1164+
1165+person to be in any room where alcoholic liquor is served at any bar, 986
1166+shall be subject to the penalties described in section 30-113. For 987
1167+barrooms consisting of only one room and for permit premises without 988
1168+effective separation between a barroom and a dining room, an 989
1169+unaccompanied minor or intoxicated person may remain on the permit 990
1170+premises while waiting for and consuming food prepared on such 991
1171+permit premises. No minor may sit or stand at a consumer bar without 992
1172+being accompanied by a parent, guardian or spouse, and no intoxicated 993
1173+person may sit or stand at a consumer bar, as described in subsection (a) 994
1174+of section 30-62a, as amended by this act. 995
12011175 This act shall take effect as follows and shall amend the following
12021176 sections:
12031177
12041178 Section 1 from passage 30-1
12051179 Sec. 2 from passage New section
12061180 Sec. 3 from passage 30-4
12071181 Sec. 4 from passage 30-14a
12081182 Sec. 5 from passage 30-17(a)
12091183 Sec. 6 from passage 30-19f(b)
12101184 Sec. 7 from passage 30-22b(d)
12111185 Sec. 8 from passage 30-35
12121186 Sec. 9 from passage 30-39(b)
12131187 Sec. 10 from passage 30-47(a)
1214-Sec. 11 from passage 30-48(a) Substitute Bill No. 5234
1215-
1216-
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1220-
1188+Sec. 11 from passage 30-48(a)
12211189 Sec. 12 from passage 30-51a
12221190 Sec. 13 from passage 30-51
12231191 Sec. 14 from passage 30-55
12241192 Sec. 15 from passage 30-58a
12251193 Sec. 16 from passage 30-60
12261194 Sec. 17 from passage 30-62a
12271195 Sec. 18 from passage 30-78
12281196 Sec. 19 from passage 30-86
12291197 Sec. 20 from passage 30-86a(a)
12301198 Sec. 21 from passage 30-90
12311199
1232-Statement of Legislative Commissioners:
1233-In Section 6(b), "individual" was changed to "person" for internal
1234-consistency; in Section 6(b)(1), "individual" was changed to "person" for
1235-internal consistency, and "section 30-19f, as amended by this act" was
1236-changed to "this section" for consistency with standard drafting
1237-conventions; in Section 7(d)(3), "individual" was changed to "person" for
1238-internal consistency; in Section 8(a), "individual or [other corporation]"
1239-was changed to "[individual or other corporation] person or" for internal
1240-consistency; and in Section 17(a), "the premises" was changed to "[the]
1241-such premises" for internal consistency.
1200+Statement of Purpose:
1201+To: (1) Define "business entity"; (2) specify the circumstances in which a
1202+franchisor or landlord may receive profits; (3) prohibit "placeholding"; Raised Bill No. 5234
12421203
1243-GL Joint Favorable Subst.
1204+
1205+
1206+LCO No. 1421 33 of 33
1207+
1208+(4) modify certain notice requirements; (5) require certain permittees
1209+that appoint additional wholesalers to disclose additional information;
1210+(6) allow additional permit holders to offer tastings and make
1211+donations; (7) empower the department to conduct additional
1212+investigations and impose additional fines; (8) allow the holders of
1213+certain permits to hold other permits; (9) modify requirements
1214+concerning changes to means of access; (10) modify certain notice and
1215+hearing requirements; (11) enable the department to accept offers in
1216+compromise; (12) enable applicants to appeal from denials of liquor
1217+permit applications; (13) authorize consumer service bars; (14) establish
1218+requirements concerning embargoes and confiscations; (15) indemnify
1219+and shield certain minors; (16) authorize electronic age statements; (17)
1220+impose additional requirements concerning intoxicated persons; and
1221+(18) make various conforming, technical and minor changes to the
1222+Liquor Control Act.
1223+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1224+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1225+underlined.]
12441226