Chapter 545 - Liquor Control Act

(1) “Airline” means any (A) United States airline carrier holding a certificate of public convenience and necessity from the Civil Aeronautics Board under Section 401 of the Federal Aviation Act of 1958, as amended from time to time, or (B) foreign flag carrier holding a permit under Section 402 of said act.

(2) “Alcohol” (A) means the product of distillation of any fermented liquid that is rectified at least once and regardless of such liquid's origin, and (B) includes synthetic ethyl alcohol which is considered nonpotable.

(3) “Alcoholic beverage” and “alcoholic liquor” include the four varieties of liquor defined in subdivisions (2), (5), (20) and (21) of this section (alcohol, beer, spirits and wine) and every liquid or solid, patented or unpatented, containing alcohol, beer, spirits or wine and at least one-half of one per cent alcohol by volume, and capable of being consumed by a human being as a beverage. Any liquid or solid containing more than one of the four varieties so defined belongs to the variety which has the highest percentage of alcohol according to the following order: Alcohol, spirits, wine and beer, except as provided in subdivision (21) of this section.

(4) “Backer” means, except in cases where the permittee is the proprietor, the proprietor of any business or club, incorporated or unincorporated, that is engaged in manufacturing or selling alcoholic liquor and in which business a permittee is associated, whether as an agent, employee or part owner.

(5) “Beer” means any beverage obtained by the alcoholic fermentation of a decoction or infusion of barley, hops and malt in drinking water.

(6) “Boat” means any vessel that is (A) operating on any waterway of this state, and (B) engaged in transporting passengers for hire to or from any port of this state.

(7) “Case price” means the price of a container made of cardboard, wood or any other material and containing units of the same class and size of alcoholic liquor. A case of alcoholic liquor, other than beer, cocktails, cordials, prepared mixed drinks and wines, shall be in the quantity and number, or fewer, with the permission of the Commissioner of Consumer Protection, of bottles or units as follows: (A) Six one thousand seven hundred fifty milliliter bottles, (B) six one thousand eight hundred milliliter bottles, (C) twelve seven hundred milliliter bottles, (D) twelve seven hundred twenty milliliter bottles, (E) twelve seven hundred fifty milliliter bottles, (F) twelve nine hundred milliliter bottles, (G) twelve one liter bottles, (H) twenty-four three hundred seventy-five milliliter bottles, (I) forty-eight two hundred milliliter bottles, (J) sixty one hundred milliliter bottles, or (K) one hundred twenty fifty milliliter bottles, except a case of fifty milliliter bottles may be in a quantity and number as originally configured, packaged and sold by the manufacturer or out-of-state shipper prior to shipment if the number of such bottles in such case is not greater than two hundred. The commissioner shall not authorize fewer quantities or numbers of bottles or units as specified in this subdivision for any one person or entity more than eight times in any calendar year. For the purposes of this subdivision, “class” has the same meaning as provided in 27 CFR 4.21 for wine, 27 CFR 5.22 for spirits and 27 CFR 7.24 for beer.

(8) “Club” has the same meaning as provided in section 30-22aa.

(9) “Coliseum” has the same meaning as provided in section 30-33a.

(10) “Commission” means the Liquor Control Commission established under this chapter.

(11) “Department” means the Department of Consumer Protection.

(12) “Dining room” means any room or rooms (A) located in premises operating under (i) a hotel permit issued under section 30-21, (ii) a restaurant permit issued under subsection (a) of section 30-22, (iii) a restaurant permit for wine and beer issued under subsection (b) of section 30-22, or (iv) a cafe permit issued under section 30-22a, and (B) where meals are customarily served to any member of the public who has means of payment and a proper demeanor.

(13) “Mead” means fermented honey (A) with or without additions or adjunct ingredients, and (B) regardless of (i) alcohol content, (ii) process, and (iii) whether such honey is carbonated, sparkling or still.

(14) “Minor” means any person who is younger than twenty-one years of age.

(15) “Noncommercial entity” means an academic institution, charitable organization, government organization, nonprofit organization or similar entity that is not primarily dedicated to obtaining a commercial advantage or monetary compensation.

(16) “Nonprofit club” has the same meaning as provided in section 30-22aa.

(17) (A) “Person” means an individual, including, but not limited to, a partner.

(B) “Person” does not include a corporation, joint stock company, limited liability company or other association of individuals.

(18) (A) “Proprietor” includes all owners of a business or club, incorporated or unincorporated, that is engaged in manufacturing or selling alcoholic liquor, whether such owners are persons, fiduciaries, joint stock companies, stockholders of corporations or otherwise.

(B) “Proprietor” does not include any person who, or corporation that, is merely a creditor, whether as a bond holder, franchisor, landlord or note holder, of a business or club, incorporated or unincorporated, that is engaged in manufacturing or selling alcoholic liquor.

(19) “Restaurant” has the same meaning as provided in section 30-22.

(20) “Spirits” means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including brandy, rum, whiskey and gin.

(21) “Wine” means any alcoholic beverage obtained by fermenting the natural sugar content of fruits, such as apples, grapes or other agricultural products, containing such sugar, including fortified wines such as port, sherry and champagne.

(1949 Rev., S. 4222; 1951, 1953, S. 2148d; 1957, P.A. 267, S. 1; 617, S. 1; 1959, P.A. 590; 1961, P.A. 292; 1963, P.A. 274, S. 1; February, 1965, P.A. 512; 553, S. 1; 1967, P.A. 365, S. 1; 725, S. 1; 1969, P.A. 135, S. 1; 724, S. 1; 739; 1971, P.A. 254, S. 1; 1972, P.A. 127, S. 57; P.A. 73-222; 73-533, S. 1; 73-543, S. 1; 73-563, S. 1; P.A. 74-307, S. 1; P.A. 75-259, S. 1, 8; 75-641, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-80, S. 1, 4; 78-82, S. 2; 78-202, S. 1, 2, 5; 78-294, S. 1, 5; 78-303, S. 80, 85, 136; P.A. 79-404, S. 38, 45; P.A. 80-198, S. 2; 80-482, S. 4, 170, 189, 191, 345, 348; P.A. 81-287, S. 1; 81-294, S. 6, 22; P.A. 82-68, S. 1, 11; 82-299, S. 1, 6; P.A. 83-152, S. 2; 83-508, S. 2; P.A. 85-264, S. 1, 4; 85-613, S. 82, 154; P.A. 89-181, S. 1, 6; P.A. 90-72, S. 1; 90-271, S. 18, 24; P.A. 91-118, S. 1; P.A. 93-139, S. 1; 93-326, S. 2; P.A. 95-79, S. 105, 189; 95-195, S. 11, 83; P.A. 03-235, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-288, S. 132; P.A. 06-94, S. 1; P.A. 16-18, S. 1; P.A. 19-24, S. 2, 3; P.A. 21-10, S. 6; 21-37, S. 54; P.A. 22-104, S. 1; P.A. 23-50, S. 1, 2.)

History: 1959 act redefined club to qualify national or international fraternal or social organizations or affiliates in existence in state 1 year; 1961 act redefined case price to include cordials, cocktails, wines and prepared mixed drinks in exception; 1963 act added Subdiv. (21) defining “grocery store”; 1965 acts redefined “hotel” to include golf facilities and swimming pools as part of hotel premises and added Subdiv. (22) defining “golf country club”; 1967 acts added Subdivs. (23) and (24) defining “cafe” and “nonprofit theater”; 1969 acts redefined “bottle price” to specify applicability to alcoholic liquor other than beer and to clarify unit sizes, redefined “golf country club” to allow application for permit by organizations in existence for less than 1 year if certain conditions are met and redefined “case price” similarly for clarity and added Subdiv. (25) defining “nonprofit public art museum”; 1971 act added Subdiv. (26) defining “charitable organization”; 1972 act redefined “minor” to reflect lowered age of majority, i.e. from 21 to 18; P.A. 73-222 changed population marker in “hotel” definition from 15,000 to 40,000; P.A. 73-533 added Subdivs. (27) to (29) defining “coliseum”, “coliseum club” and “arena”; P.A. 73-543 added Subdiv. (30) defining “airline”; P.A. 73-563 redefined “hotel” adding as determiner of classification number of days food is served per week and whether or not food is served at all times when liquor is served; P.A. 74-307 added Subdiv. (31) defining “special sporting facility”; P.A. 75-259 redefined “case price” to include liter and milliliter bottles; P.A. 75-641 rearranged Subdivs. to place terms defined in alphabetical order; P.A. 77-614 replaced liquor control commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 78-80 added Subdiv. (32) defining “motel”; P.A. 78-82 added Subdiv. (33) defining “resort”; P.A. 78-202 added Subdiv. (34) defining “special outing facility”; P.A. 78-294 added Subdiv. (35) defining “farm winery”; P.A. 78-303 created exceptions to replacement of liquor control commission with division of liquor control; P.A. 79-404 replaced commission on special revenue with gaming policy board in Subdiv. (28); P.A. 80-198 included sales of wine in definition of “tavern”; P.A. 80-482 (See Secs. 4, 170 and 191) made division of liquor control an independent department and abolished the department of business regulation, overriding provision of same act which would have placed the division within the public safety department; P.A. 81-287 amended Subdiv. (11), defining “club”, to include definition of “nonprofit club”; P.A. 81-294 amended Subdiv. (7), defining “bottle price”, to include references to metric units and to allow increases greater than the previously stated amounts of two, four or eight cents in determining bottle price, effective January 1, 1982; P.A. 82-68 amended Subdiv. (20) by redefining “minor” as a person under 19 years of age, raising the age from 18; P.A. 82-299 added Subdiv. (36) defining “catering establishment”; P.A. 83-152 added a new Subdiv. (37) defining “nonprofit public television corporation”; P.A. 83-508 amended Subdiv. (20) by redefining “minor” as a person under 20 years of age, raising the age from 19; P.A. 85-264 redefined “minor” in Subdiv. (20) as any person under 21 years of age other than a person who has attained the age of 20 on or before September 1, 1985; P.A. 85-613 made technical change in Subdiv. (9); P.A. 89-181 added a new Subdiv. (38) defining “brew pub”; P.A. 90-72 added Subdiv. (15)(B) re an alternative definition of “golf country club”; P.A. 90-271 made a technical change in Subdiv. (2); P.A. 91-118 amended Subdiv. (21) by deleting “art” before “museum”, thus defining a permit that could be obtained by all nonprofit public museums, without regard to whether “art” was displayed there and deleted the word “floor”, before “area”, in the phrase “one hundred thousand square feet of floor area”; P.A. 93-139 made technical changes, amended the definitions of “alcoholic liquor”, “minor” and “dining room”, entirely redefined “club”, “coliseum”, “golf country club”, “restaurant”, “special sporting facility” and “nonprofit public television corporation” and deleted the definitions of “arena”, “bottle price”, “cafe”, “nonprofit club”, “coliseum club”, “grocery store”, “hotel”, “licensed pharmacist” or “licensed druggist”, “licensed pharmacy”, “nonprofit public museum”, “nonprofit theater”, “pharmacy commission”, “tavern”, “motel”, “resort”, “special outing facility”, “farm winery”, “catering establishment” and “brew pub”; P.A. 93-326 would have redefined “special outing facility” to reduce pavilion seating capacity from two hundred fifty people to one hundred fifty people, but failed to take effect since that definition was repealed by P.A. 93-139; P.A. 95-79 redefined “person” to exclude limited liability companies, effective May 31, 1995; P.A. 95-195 amended Subdiv. (10) to substitute Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 03-235 amended Subdiv. (6) by adding ninety-six 100-milliliter bottles to definition of “case price”, effective June 26, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-288 made a technical change in Subdiv. (14), effective July 13, 2005; P.A. 06-94 amended Subdiv. (14) to change reference from “subdivision (5)” to “subdivision (4)” and add exclusion for landlords and franchisors in definition of “proprietor”; P.A. 16-18 amended Subdiv. (6) to redefine “case price” by adding “, or fewer, with the permission of the Commissioner of Consumer Protection,” and replacing provisions re number and quantity of units or bottles with new provisions re same in Subpara. (B) and adding provision re commissioner not to authorize fewer numbers or quantities of units or bottles, effective May 6, 2016; P.A. 19-24 replaced “(19)” with “(20)” in Subdiv. (3) and redefined “case price” in Subdiv. (6), effective June 5, 2019, and replaced “(19)” with “(20)” in Subdiv. (3), redefined “case price” in Subdiv. (6), deleted former Subdiv. (8) defining “club”, redesignated existing Subdivs. (9) and (10) as new Subdivs. (8) and (9), deleted former Subdiv. (11) defining “golf country club”, added new Subdiv. (10) defining “mead”, redesignated existing Subdivs. (12) to (14) as new Subdivs. (11) to (13), redesignated existing Subdiv. (15) as new Subdiv. (14) and amended same to redefine “dining room”, redesignated existing Subdiv. (16) as new Subdiv. (15), deleted former Subdiv. (17) defining “special sporting facility”, redesignated existing Subdivs. (18) to (20) as new Subdivs. (16) to (18), effective July 1, 2020; P.A. 21-10 amended Subdiv. (3) by replacing references to Subdivs. (16) and (17) with Subdivs. (18) and (19) and a reference to Subdiv. (20) with Subdiv. (19), added new Subdiv. (8) defining “club”, redesignated existing Subdivs. (8) and (9) as Subdivs. (9) and (10), amended Subdiv. (10) by deleting definition of “department”, added new Subdiv. (11) defining “department”, redesignated existing Subdivs. (10) to (18) as Subdivs. (12) to (20), amended Subdiv. (15) by making technical changes and added Subdiv. (21) defining “nonprofit club”, effective May 13, 2021; P.A. 21-37 amended Subdivs. (3) and (13) to make technical changes and amended Subdiv. (14) to redefine “dining room” by adding reference to wine or cafe permit, effective July 1, 2021; P.A. 22-104 amended Subdiv. (1) by dividing existing provisions into Subparas. (A) and (B), amended Subdiv. (2) by dividing existing provisions into Subparas. (A) and (B), added new Subdiv. (6) defining “boat”, redesignated existing Subdivs. (6) to (11) as Subdivs. (7) to (12), amended redesignated Subdiv. (7) by deleting former Subpara. (A) and (B) designators, redesignating existing Subpara. (B)(i) as Subpara. (A), adding new Subpara. (B) and Subparas. (C) and (D) re 1,800 milliliter bottles, 700 milliliter bottles and 720 milliliter bottles, respectively, redesignating existing Subpara. (B)(iii) as Subpara. (E), adding Subpara. (F) re 900 milliliter bottles, redesignating existing Subpara. (B)(ii) as Subpara. (G) and redesignating existing Subparas. (B)(iv) to (B)(vii) as Subparas. (H) to (K), amended redesignated Subdiv. (8) by dividing existing provisions into Subparas. (A) and (B), redesignated former Subdivs. (16), (20) and (21) as Subdivs. (13), (17) and (16), respectively, amended redesignated Subdiv. (14) by dividing existing provisions into Subparas. (A), (B) and (B)(i) to (B)(iii), redesignated existing Subdiv. (13) as Subdiv. (15), redesignated existing Subdiv. (14) as Subdiv. (18) and divided existing provisions into Subparas. (A) and (B), redesignated existing Subdiv. (15) as Subdiv. (19) and divided existing provisions into Subparas. (A) and (B), redesignated existing Subdiv. (19) as Subdiv. (22), and made technical and conforming changes throughout, effective May 24, 2022; P.A. 23-50 deleted former Subdiv. (8) defining “charitable organization”, redesignated existing Subdivs. (9) to (15) as Subdivs. (8) to (14), added new Subdiv. (15) defining “noncommercial entity”, deleted former Subdiv. (17) defining “nonprofit public television corporation”, redesignated existing Subdivs. (18) to (22) as Subdivs. (17) to (21), and made conforming changes in Subdiv. (3), effective July 1, 2023, and added references to Secs. 30-16d, 30-16e, 30-22f and 30-37u, included in existing reference to “this chapter”, effective October 1, 2023.

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PART II

DEPARTMENT OF CONSUMER PROTECTION: LIQUOR CONTROL

Sec. 30-6a. Adoption of regulations. (a) The Department of Consumer Protection may adopt in accordance with the provisions of chapter 54 all necessary regulations, subject to the provisions of subsections (b) to (e), inclusive, of this section, to: (1) Carry out, enforce and prevent violation of the provisions of this chapter; (2) inspect permit premises; (3) ensure sanitary conditions; (4) ensure proper, safe and orderly conduct of permit premises; and (5) protect the public against fraud or overcharge.

(b) More specifically, with respect to part V of this chapter, the Department of Consumer Protection may adopt in accordance with the provisions of chapter 54 regulations that are necessary to: (1) Carry out the purposes of section 30-64 and prevent the circumvention thereof by the offering or giving of any rebate, allowance, free goods, discount or any other thing or service of value; (2) permit the withdrawal of, an addition to, a deletion from or an amendment of any schedule, or a modification of prices therein, when not inconsistent with the purposes of section 30-64, whenever necessary to avoid practical difficulties or unnecessary hardships to any permittee affected by section 30-64 or because of acts or circumstances beyond the control of such permittee and under such terms and conditions as are necessary to carry out the purposes of section 30-64; (3) permit the sale by a retailer of a brand of alcoholic liquor or wine for which a schedule of suggested consumer resale prices has not been and cannot be filed, whenever necessary to avoid practical difficulties or unnecessary hardships to any permittee affected by section 30-64 or because of acts or circumstances beyond the control of such permittee, and under such terms and conditions as are necessary to carry out the purposes of section 30-64; (4) subject to the provisions of section 30-63e, permit the closeout of a brand for the purpose of discontinuing its sale, under such terms and conditions as are necessary to carry out the purposes of section 30-64; (5) carry out the purposes of sections 30-68k to 30-68m, inclusive, and section 30-76a and prevent their circumvention; (6) on verified application, and for good cause shown, permit any adjustment or change of any item on the schedule required to be filed under sections 30-63 and 30-64; and (7) permit the sale at a price which is less than cost by a supplier, wholesaler or retailer for any item of alcoholic liquor, except beer, that is damaged or deteriorated in quality, or, subject to the provisions of section 30-63f, permit the closeout of a brand or size for the purpose of discontinuing its sale, under such terms and conditions as are necessary to carry out the purposes of sections 30-68k to 30-68m, inclusive, and section 30-76a.

(c) Not later than October 1, 2021, the Department of Consumer Protection shall amend such regulations, in accordance with the provisions of chapter 54, to: (1) Allow for the use of self-pour automated systems by permittees and employees of permittees for the dispensing of beer, cider not exceeding six per cent alcohol by volume and wine pursuant to section 30-62d; (2) ensure that such beer, cider and wine is not initially dispensed from any such system in servings of more than thirty-two ounces of beer or cider not exceeding six per cent alcohol by volume, or ten ounces of wine, to any one person for such person's own consumption at any one time; and (3) ensure that second and subsequent servings of such beer, cider and wine from any such system is allowed only after the first serving has been substantially disposed of or consumed by such person.

(d) Not later than October 1, 2023, the Department of Consumer Protection shall amend such regulations, in accordance with the provisions of chapter 54, to provide that: (1) Beer or wine pipe lines and barrel tubes used to dispense alcoholic beverages in places where such dispensing is carried on shall be cleaned, at least once every two weeks, by the use of a hydraulic pressure mechanism, hand pump suction, a force cleaner or any other system approved by the department for such purpose; and (2) after cleaning such lines or tubes, such lines or tubes shall be rinsed with clear water until all chemicals used to clean such lines or tubes, if chemicals were used to clean such lines or tubes, are removed from such lines or tubes.

(e) The department shall not adopt any regulation: (1) Requiring prior approval of alterations or changes in the interior or exterior of permit premises; (2) requiring prior approval for live entertainment or the installation of amusement devices or games; (3) requiring registration of employees or agents of permittees; (4) requiring the presence of retail permittees on permit premises during hours of sale or prohibiting employment of such permittees in another occupation or business except as provided in section 30-45; (5) establishing a mandated minimum price above which a permittee must sell; or (6) requiring effective separation for restaurants and cafes.

(P.A. 93-139, S. 4; P.A. 95-195, S. 14, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 19-24, S. 25; P.A. 21-50, S. 6; P.A. 23-50, S. 7.)

History: P.A. 95-195 amended Subsecs. (a) and (b) by substituting Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 19-24 amended Subsec. (c) by adding Subdiv. (6) re effective separation for restaurants and cafes and made technical changes, effective July 1, 2020; P.A. 21-50 added Subsec. (c) re requiring amended regulations to authorize self-pour automated systems for dispensing of beer, cider and wine and redesignated existing Subsec. (c) as Subsec. (d), effective June 16, 2021; P.A. 23-50 amended Subsec. (a) by substituting reference to Subsecs. (b) to (e) for reference to Subsec. (c), added new Subsec. (d) re cleaning of beer and wine pipe lines and barrel tubes, redesignated existing Subsec. (d) as Subsec. (e), and made technical and conforming changes in Subsecs. (a) to (c).

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PART IV

PERMITS

Sec. 30-14. Nature and duration of permit. Renewal by transferee or purchaser of permit premises. (a) Each permit shall be a purely personal privilege that is revocable in the discretion of the Department of Consumer Protection, and subject to appeal, as provided in section 30-55. Except as otherwise provided in the general statutes, including, but not limited to, sections 30-35, 30-37g and 30-37u, each permit shall expire annually. No permit shall constitute property, be subject to attachment and execution or be alienable, except a permit shall descend to the estate of a deceased permittee by the laws of testate or intestate succession. An airline permit issued under section 30-28a or a cafe permit issued under subsection (h) of section 30-22a shall be granted to the airline corporation or railway corporation and not to any person, and the corporation shall be the permittee.

(b) Any permit in this part, except a permit issued under sections 30-35, 30-37g and 30-37u, may be issued for a continuous period of not more than six consecutive calendar months, at two-thirds of regular fees, but rebate of fees shall not be permitted for any unexpired portion of the term of a permit revoked by reason of a violation of any provision of this chapter.

(c) The executors or administrators of the estate of any deceased permittee, and the trustees of any insolvent or bankrupt estate of a permittee, when such estate consists in whole or in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court and may exercise the privileges of the deceased or insolvent or bankrupt permittee for a period not exceeding six months after the date of such decease or of such insolvency or bankruptcy, or until such time as the applicable permit expires, whichever date is later. A certified copy of the order of the court authorizing the continuance of such business shall be filed with the department. In the event of the death, insolvency or bankruptcy of a backer, the permittee of such backer shall have the same rights and privileges as set forth in this section, provided, in addition to the order of said court, the executor or administrator of the estate of any deceased backer, or the trustee of any insolvent or bankrupt estate of a backer, shall file a notice with the department that he has authorized such permittee to continue such business.

(d) Notwithstanding any provision of this section, a package store permit may be renewed by a transferee or purchaser of permit premises under section 30-14a.

(1949 Rev., S. 4236; P.A. 73-543, S. 5, 14; P.A. 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 81-294, S. 7, 22; P.A. 93-139, S. 7; P.A. 95-195, S. 17, 83; P.A. 97-175, S. 2; P.A. 99-194, S. 23; P.A. 01-195, S. 93, 181; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 21-37, S. 57; P.A. 22-104, S. 10; P.A. 23-50, S. 8, 9.)

History: P.A. 73-543 included references to airline permits and airline corporations; P.A. 77-614 replaced liquor control commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 78-303 clarified and qualified name change enacted in P.A. 77-614; P.A. 80-482 made division of liquor control an independent department and abolished the department of business regulation, overriding provision of same act which would have placed the division within the public safety department; P.A. 81-294 added Subsec. (b) allowing renewal of permit by transferee or purchaser of premises on and after June 8, 1981; P.A. 93-139 made technical changes and added a provision for a six-month permit as new Subsec. (b), relettering a part of former Subsec. (a) as (c) and former Subsec. (b) as (d); P.A. 95-195 amended Subsec. (a) by substituting Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 97-175 amended Subsec. (a) to provide that permits shall descend to the estate of a deceased permittee by the laws of testate or intestate succession and to make a technical change, and amended Subsec. (c) by adding provision re exercise of privileges of deceased or insolvent or bankrupt permittee until such time as the applicable permit expires, deleting provision re filing of court order within ten days of the date of issuance of such order, and making a technical change; P.A. 99-194 amended Subsec. (a) to make technical change; P.A. 01-195 made a technical change in Subsec. (a), effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 21-37 amended Subsec. (a) to replace reference to railroad permit with cafe permit and make a technical change, effective July 1, 2021; P.A. 22-104 amended Subsec. (a) by providing that each permit shall expire annually except as otherwise provided in the general statutes, and made technical and conforming changes, effective May 24, 2022; P.A. 23-50 amended Subsecs. (a) and (b) by deleting references to Secs. 30-25, 30-37b, 30-37d and 30-37h and making technical and conforming changes, effective July 1, 2023, and further amended Subsecs. (a) and (b) by adding references to Sec. 30-37u and making technical and conforming changes, effective October 1, 2023.

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Sec. 30-16. Manufacturer permit for spirits. Manufacturer permit for beer. Manufacturer permit for a farm winery. Manufacturer permit for wine, cider and mead. (a)(1) As used in this subdivision, “proof gallon” has the same meaning as provided in section 12-433. A manufacturer permit for spirits shall allow the manufacture of spirits and the storage, bottling and wholesale distribution and sale of spirits manufactured or bottled to permittees in this state and without the state as may be permitted by law; but no such permit shall be granted unless the place or the plan of the place of manufacture has received the approval of the Department of Consumer Protection. The holder of a manufacturer permit for spirits who produces less than fifty thousand proof gallons of spirits in a calendar year may sell at retail from the premises sealed bottles or other sealed containers of spirits manufactured on the premises for consumption off the premises, provided such holder shall not sell to any one consumer more than three liters of spirits per day nor more than five gallons of spirits in any two-month period. Retail sales by a holder of a manufacturer permit for spirits shall occur only on the days and times permitted under subsection (d) of section 30-91. A holder of a manufacturer permit for spirits, alone or in combination with any parent or subsidiary business or related or affiliated party, who sells more than ten thousand gallons of spirits in any calendar year may not sell spirits at wholesale to retail permittees within this state. Such permit shall also authorize the offering and tasting, on the premises of the permittee, of free samples of spirits distilled on the premises. Such free samples of spirits distilled on the premises may be offered for consumption in combination with a nonalcoholic beverage. Tastings shall not exceed two ounces per patron per day and shall not be allowed on such premises on Sunday before eleven o'clock a.m. and after eight o'clock p.m. and on any other day before ten o'clock a.m. and after eight o'clock p.m. No tastings shall be offered to or allowed to be consumed by any minor or intoxicated person. A holder of a manufacturer permit for spirits may apply for and shall receive an out-of-state shipper's permit for manufacturing plants and warehouse locations outside the state owned by such manufacturer or a subsidiary corporation thereof, at least eighty-five per cent of the voting stock of which is owned by such manufacturer, to bring into any of its plants or warehouses in the state spirits for reprocessing, repackaging, reshipment or sale either: (A) Within the state to wholesaler permittees not owned or controlled by such manufacturer; or (B) outside the state. The annual fee for a manufacturer permit for spirits shall be one thousand eight hundred fifty dollars.

(2) A holder of a manufacturer permit for spirits issued under this subsection may sell and offer free tastings of spirits manufactured by such permittee at a farmers' market, as defined in section 22-6r, that is operated as a nonprofit enterprise or association, provided such farmers' market invites such holder to sell spirits at such farmers' market and such holder has a farmers' market sales permit issued by the commissioner in accordance with the provisions of section 30-37o.

(b) (1) A manufacturer permit for beer shall allow the manufacture of beer and the storage, bottling and wholesale distribution and sale of beer manufactured or bottled on the premises of the permittee to permittees in this state and without the state as may be permitted by law, but no such permit shall be granted unless the place or the plan of the place of manufacture has received the approval of the Department of Consumer Protection. A holder of a manufacturer permit for beer who sells beer brewed on such premises at wholesale to retail permittees within this state shall make such beer available to all holders of a package store permit issued pursuant to section 30-20 and to all holders of a grocery store beer permit held pursuant to said section in the geographical region in which the holder of the manufacturer permit for beer self distributes, subject to reasonable limitations, as determined by the Department of Consumer Protection. Such permit shall also allow: (A) The retail sale of such beer, and beer brewed in collaboration with at least one other holder of such a permit, to be consumed on the premises with or without the sale of food; (B) the selling at retail from the premises of sealed bottles or other sealed containers of beer brewed on such premises, or in collaboration with at least one other holder of such a permit, for consumption off the premises; and (C) the sale of sealed bottles or other sealed containers of beer brewed on such premises to the holder of a wholesaler permit issued pursuant to section 30-17, provided the holder of such permit produces at least five thousand gallons of beer on the premises annually. Such selling at retail from the premises of sealed bottles or other sealed containers shall comply with the provisions of subsection (d) of section 30-91 and shall permit not more than nine gallons of beer to be sold to any person on any day on which such sale is authorized under the provisions of subsection (d) of section 30-91. The annual fee for a manufacturer permit for beer shall be one thousand four hundred dollars. For the purposes of this subdivision and section 30-22d, “collaboration” means an arrangement, other than contract brewing or an alternating proprietorship, under which the holder of a manufacturer permit for beer issued under this subsection works together with at least one other such permit holder to manufacture beer by, among other things, sharing the beer recipe or at least forty-nine per cent of the ingredients or labor necessary to manufacture such beer.

(2) A holder of a manufacturer permit for beer issued under this subsection may sell and offer free tastings of beer manufactured by such permittee at a farmers' market, as defined in section 22-6r, that is operated as a nonprofit enterprise or association, provided such farmers' market invites such holder to sell beer at such farmers' market and such holder has a farmers' market sales permit issued by the commissioner in accordance with the provisions of section 30-37o.

(c) (1) A manufacturer permit for a farm winery shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to wine and brandies distilled from grape products or other fruit products, including grappa and eau-de-vie. As used in this section, “farm winery” means any place or premises that is located on a farm in the state in which wine is manufactured and sold.

(2) Such permit shall, at the single principal premises of the farm winery, authorize: (A) The sale in bulk by the holder thereof from the premises where the products are manufactured pursuant to such permit; (B) as to a manufacturer who produces one hundred thousand gallons of wine or less per year, the sale and shipment by the holder thereof to a retailer of wine manufactured by the farm winery permittee in the original sealed containers of not more than fifteen gallons per container; (C) the sale and shipment by the holder thereof of wine manufactured by the farm winery permittee to persons outside the state; (D) the offering and tasting of free samples of such wine or brandy, dispensed out of bottles or containers having capacities of not more than two gallons per bottle or container, to visitors and prospective retail customers for consumption on the premises of the farm winery permittee; (E) the sale at retail from the premises of sealed bottles or other sealed containers of such wine or brandy for consumption off the premises; (F) the sale at retail from the premises of wine or brandy by the glass and bottle to visitors on the premises of the farm winery permittee for consumption on the premises; and (G) subject to the provisions of subdivision (3) of this subsection, the sale and delivery or shipment of wine manufactured by the permittee directly to a consumer in this state. Notwithstanding the provisions of subparagraphs (D), (E) and (F) of this subdivision, a town may, by ordinance or zoning regulation, prohibit any such offering, tasting or selling at retail at premises within such town for which a manufacturer permit for a farm winery has been issued.

(3) A permittee, when selling and shipping wine directly to a consumer in this state, shall: (A) Ensure that the shipping labels on all containers of wine shipped directly to a consumer in this state conspicuously state the following: “CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY”; (B) obtain the signature of a person age twenty-one or older at the address prior to delivery, after requiring the signer to demonstrate that such signer is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h; (C) not ship more than five gallons of wine in any two-month period to any person in this state; (D) pay, to the Department of Revenue Services, all sales taxes and alcoholic beverage taxes due under chapters 219 and 220 on sales of wine to consumers in this state, and file, with said department, all sales tax returns and alcoholic beverage tax returns relating to such sales; (E) report to the Department of Consumer Protection a separate and complete record of all sales and shipments to consumers in the state, on a ledger sheet or similar form which readily presents a chronological account of such permittee's dealings with each such consumer; (F) not ship to any address in the state where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9; and (G) hold an in-state transporter's permit pursuant to section 30-19f or make any such shipment through the use of a person who holds such an in-state transporter's permit.

(4) No licensed farm winery may sell any such wine or brandy not manufactured by such winery, except a licensed farm winery may sell from the premises: (A) Wine manufactured by another farm winery located in this state; and (B) brandy manufactured from fruit harvested in this state and distilled off the premises in this state.

(5) (A) Except as provided in subparagraph (B) of this subdivision, the farm winery permittee shall grow on the premises of the farm winery or on property under the same ownership and control of said permittee or leased by the backer of a farm winery permit or by said permittee within the farm winery's principal state an average crop of fruit equal to not less than twenty-five per cent of the fruit used in the manufacture of the farm winery permittee's wine. An average crop shall be defined each year as the average yield of the farm winery permittee's two largest annual crops out of the preceding five years, except that during the first seven years from the date of issuance of a farm winery permit, an average crop shall be defined as three tons of grapes for each acre of vineyard farmed by the farm winery permittee. Such seven-year period shall not begin anew if the property for which the farm winery permit is held is transferred or sold during such seven-year period. In the event the farm winery consists of more than one property, the aggregate acreage of the farm winery shall not be less than five acres.

(B) If a farm winery permittee sustains a significant loss of the farm winery permittee's crop of fruit, such farm winery permittee shall, not later than December thirty-first of the year in which such farm winery permittee sustains such significant loss, certify to the Commissioner of Consumer Protection, in a form and manner prescribed by the commissioner, that such farm winery permittee has sustained such significant loss. If the commissioner determines, in the commissioner's discretion, that such farm winery permittee sustained such significant loss through no fault of such farm winery permittee, such farm winery permittee's lost crop of fruit shall, for the year in which such farm winery permittee sustained such significant loss, be deemed to satisfy the average crop requirement established in subparagraph (A) of this subdivision. For the purposes of this subparagraph, the commissioner shall, in the commissioner's discretion, determine whether a qualitative or quantitative reduction in crop yield suffered by a farm winery permittee constitutes a significant loss.

(6) A holder of a manufacturer permit for a farm winery, when advertising or offering wine for direct shipment to a consumer in this state via the Internet or any other on-line computer network, shall clearly and conspicuously state such liquor permit number in its advertising.

(7) A holder of a manufacturer permit for a farm winery may sell and offer free tastings of wine manufactured from such winery at a farmers' market, as defined in section 22-6r, that is operated as a nonprofit enterprise or association, provided such farmers' market invites such holder to sell wine at such farmers' market and such holder has a farmers' market wine sales permit issued by the Commissioner of Consumer Protection in accordance with the provisions of section 30-37o.

(8) A holder of a manufacturer permit for a farm winery may, with the prior approval of the Department of Consumer Protection, sell wine, brandies, grappa and eau-de-vie manufactured by such farm winery permittee at not more than three retail outlets in addition to such farm winery permittee's permit premises, provided (A) each such retail outlet is located on land that is leased or owned by the backer of the farm winery permit and such farm winery permittee utilizes such land to grow fruit and produce alcoholic beverages manufactured exclusively by the farm winery, and (B) no such retail outlet is located within a grocery store, as defined in section 30-20, or any other retail outlet unless otherwise permitted under the general statutes.

(9) The annual fee for a manufacturer permit for a farm winery shall be three hundred dollars.

(d) (1) A manufacturer permit for wine, cider and mead shall allow the manufacture of wine, cider not exceeding six per cent alcohol by volume, apple wine not exceeding fifteen per cent alcohol by volume, apple brandy, eau-de-vie and mead and the storage, bottling and wholesale distribution and sale of wine, cider not exceeding six per cent alcohol by volume, apple wine not exceeding fifteen per cent alcohol by volume, apple brandy, eau-de-vie and mead manufactured or bottled by the permit holder to permittees in this state and without the state as may be permitted by law; but no such permit shall be granted unless the place or the plan of the place of manufacture has received the approval of the Department of Consumer Protection.

(2) Such permit shall, at a single principal premises, authorize: (A) The sale in bulk by the holder thereof from the premises where the products are manufactured pursuant to such permit; (B) as to a manufacturer who produces one hundred thousand gallons or less per year of products manufactured pursuant to such permit, the sale and shipment by the holder thereof to a retailer of such products manufactured by the permittee in the original sealed containers of not more than fifteen gallons per container; (C) the sale and shipment by the holder thereof of such products manufactured by the permittee to persons outside the state; (D) the offering and tasting of free samples of such products, dispensed out of bottles or containers having capacities of not more than two gallons per bottle or container, to visitors and prospective retail customers for consumption on the premises of the permittee; (E) subject to the provisions of subsection (d) of section 30-91, the sale at retail from the premises of sealed bottles or other sealed containers of such products for consumption off the premises; (F) the sale at retail from the premises of such products by the glass and bottle to visitors on the premises of the permittee for consumption on the premises; and (G) subject to the provisions of subdivision (3) of this subsection, the sale and delivery or shipment of such products manufactured by the permittee directly to a consumer in this state. Notwithstanding the provisions of subparagraphs (D), (E) and (F) of this subdivision, a town may, by ordinance or zoning regulation, prohibit any such offering, tasting or selling at retail at premises within such town for which a manufacturer permit has been issued.

(3) A permittee, when selling and shipping a product produced pursuant to this permit, directly to a consumer in this state, shall: (A) Ensure that the shipping labels on all containers of such products shipped directly to a consumer in this state conspicuously state the following: “CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY”; (B) obtain the signature of a person age twenty-one or older at the address prior to delivery, after requiring the signer to demonstrate that such signer is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h; (C) not ship more than five gallons of product produced pursuant to this permit in any two-month period to any person in this state; (D) pay, to the Department of Revenue Services, all sales taxes and alcoholic beverage taxes due under chapters 219 and 220 on sales of products produced pursuant to this permit to consumers in this state, and file, with said department, all sales tax returns and alcoholic beverage tax returns relating to such sales; (E) report to the Department of Consumer Protection a separate and complete record of all sales and shipments to consumers in the state, on a ledger sheet or similar form which readily presents a chronological account of such permittee's dealings with each such consumer; (F) not ship to any address in the state where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9; and (G) hold an in-state transporter's permit pursuant to section 30-19f or make any such shipment through the use of a person who holds such an in-state transporter's permit.

(4) No holder of a manufacturer permit for wine, cider and mead may sell any product not manufactured by such permit holder, except such permittee may sell from the premises: (A) Wine, cider not exceeding six per cent alcohol by volume, apple wine not exceeding fifteen per cent alcohol by volume, apple brandy and eau-de-vie and mead manufactured by another such permit holder located in this state; and (B) brandy manufactured from fruit harvested in this state and distilled off the premises in this state.

(5) A holder of a manufacturer permit for wine, cider and mead, when advertising or offering products for direct shipment to a consumer in this state via the Internet or any other on-line computer network, shall clearly and conspicuously state such liquor permit number in its advertising.

(6) A holder of a manufacturer permit for wine, cider and mead may sell and offer free tastings of products produced pursuant to such permit that are manufactured by such permit holder at a farmers' market, as defined in section 22-6r, that is operated as a nonprofit enterprise or association, provided such farmers' market invites such holder to sell such products at such farmers' market and such holder has a farmers' market sales permit issued by the Commissioner of Consumer Protection in accordance with the provisions of section 30-37o.

(7) The annual fee for a manufacturer permit for wine, cider and mead shall be two hundred dollars.

(1949 Rev., S. 4238; February, 1965, P.A. 180; 1967, P.A. 327, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-294, S. 3, 5; 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 87-141, S. 1, 2; P.A. 88-97; P.A. 89-181, S. 3, 6; P.A. 90-72, S. 3; P.A. 91-353, S. 1, 7; P.A. 93-139, S. 10; 93-266; P.A. 95-161, S. 1, 3; 95-195, S. 20, 83; P.A. 96-220, S. 1–3, 7; P.A. 98-236, S. 5, 6; P.A. 02-25, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-111, S. 1; 04-169, S. 17; 04-189, S. 1; P.A. 05-7, S. 1; 05-274, S. 1; P.A. 06-67, S. 1; P.A. 07-39, S. 1; 07-145, S. 1; 07-165, S. 2; P.A. 08-187, S. 1; P.A. 09-47, S. 1; June Sp. Sess. P.A. 09-3, S. 327; P.A. 11-164, S. 1; P.A. 12-17, S. 1–3; P.A. 13-30, S. 1; 13-101, S. 1; P.A. 15-24, S. 4–6, 8; P.A. 16-103, S. 4; P.A. 17-160, S. 1; 17-232, S. 1; P.A. 19-24, S. 4, 5; P.A. 21-37, S. 107; P.A. 22-56, S. 6; P. A. 23-49, S. 1; 23-50, S. 10.)

History: 1965 act added provisions in Subdiv. (1) re application by holder of manufacturer's permit for out-of-state shipper's permit; 1967 act specified that such out-of-state shipper's permit is “to bring into any of its plants or warehouses in the state alcoholic liquors for reprocessing, repackaging, reshipment or sale …” rather than “for the sale of alcoholic liquors to wholesaler permittees in this state not owned or controlled by said manufacturer”; P.A. 77-614 replaced liquor control commission with division of liquor control within the department of business regulation, except as later specified in P.A. 78-303, effective January 1, 1979; P.A. 78-294 added Subdiv. (5) re manufacturer's permits for farm wineries; P.A. 80-482 made division of liquor control an independent department and abolished the department of business regulation, overriding provision of same act which would have placed the division within the public safety department; P.A. 87-141 amended Subdiv. (5) by clarifying that a manufacturer permit does not authorize the offering and tasting of free samples of wine to visitors and prospective retail customers in towns which by ordinance prohibit such conduct, and eliminated the limitation on the number of finished gallons of wine a manufacturer may produce annually; P.A. 88-97 amended Subsec. (5) to provide that farm winery permits may be limited by local ordinance with respect to wine tastings and retail sales; P.A. 89-181 added Subsec. (6) concerning manufacturer permit for a brew pub; P.A. 90-72 allowed holders of a permit to sell alcoholic liquor in addition to beer; P.A. 91-353 amended Subdiv. (6) to require that the holder of a manufacturer permit for a brew pub must produce at least 5,000 gallons of beer on the premises annually; P.A. 93-139 added the annual fee for each manufacturer permit, defined “farm winery” in Subsec. (e) and made technical changes; P.A. 93-266 amended Subdiv. (5) expanding a manufacturer permit for a farm winery to allow the production of brandies from grape and other fruit products in addition to the production of wine; P.A. 95-161 amended Subsec. (b) to authorize the offering of beer to and tasting of beer by tour attendees and amended Subsec. (f) to authorize the retail sale of beer produced on the premises for off-premise consumption; P.A. 95-195 amended Subsec. (a) to substitute Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 96-220 amended Subsec. (c) to permit the sale of apple wine not exceeding 15% alcohol by volume, amended Subsec. (e) to permit the selling at retail of wine by the glass and bottle for on-premise consumption and amended Subsec. (f) to delete the sunset on the retail sale of beer for off-premise consumption, effective June 4, 1996; P.A. 98-236 amended Subsec. (d) by adding provisions re eau-de-vie, effective June 8, 1998; P.A. 02-25 amended Subsec. (e) to allow farm winery to sell wine manufactured by another farm winery located in this state; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-111 amended Subsec. (e) by decreasing the percentage of the average crop of fruit required to be produced within the state, for use in the manufacture of a farm winery permittee's wine, from 51% to 25%; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-7 made a technical change in Subsec. (a) and amended Subsecs. (b) and (f) to include authorization to sell bottles or sealed containers at retail for off-premises consumption, effective April 19, 2005; P.A. 05-274 amended Subsec. (e) to establish Subdivs. (1) to (7) and authorize the sale and shipment of wine manufactured by the farm winery permittee to a retailer when a farm winery permittee produces 100,000 gallons of wine or less per year, the sale at retail from the premises of wine or brandy by the glass and bottle to visitors on the premises of the farm winery permittee and the sale and delivery or shipment of wine manufactured by the permittee directly to a consumer in this state, effective July 13, 2005; P.A. 06-67 amended Subsec. (e)(5) to add provision re production of fruit on premises of farm winery or on property adjacent to and under same ownership and control of permittee, effective May 19, 2006; P.A. 07-39 changed 60-day period to 2-month period in Subsec. (e)(3)(C); P.A. 07-145 and 07-165 both amended Subsec. (f) by designating existing items allowed under manufacturer permit for a brew pub as Subdivs. (1), (2) and (3) and adding Subdiv. (4) allowing sale of sealed bottles or containers of beer brewed on premises to wholesaler permittee, effective June 25, 2007; P.A. 08-187 amended Subsec. (e) to add “at the single principal premises of the farm winery” in Subdiv. (2) and, in Subdiv. (5), to change “produce” to “grow”, to delete “adjacent to”, to add “or leased by the backer of a farm winery permit”, to authorize growing of fruit crop “within the farm winery's principal state” and to require that if farm winery consists of more than one property, aggregate acreage of the winery be not less than 5 acres, effective June 12, 2008; P.A. 09-47 amended Subsec. (c) by designating existing provisions re activities allowed by permit as Subdiv. (1) and adding Subdiv. (2) to allow sale and shipment of cider and apple wine in same manner and subject to same conditions as permitted for wine by a farm winery manufacturer permittee, effective May 20, 2009; June Sp. Sess. P.A. 09-3 increased fees; P.A. 11-164 amended Subsec. (e) by adding new Subdiv. (7) re sale of wine at farmers' markets and redesignating existing Subdiv. (7) as Subdiv. (8), effective July 1, 2011; P.A. 12-17 amended Subsec. (b) by changing “shall” to “may” re limiting offering and tasting of free samples of beer to visitors who have attended a tour of premises and increasing amount of beer permitted to be sold to any person on any day from 8 liters to 9 liters, amended Subsec. (f) by increasing amount of beer permitted to be sold to any person on any day from 8 liters to 9 liters and added Subsec. (g) re manufacturer permit for beer and brew pub, effective July 1, 2012; P.A. 13-30 amended Subsec. (e)(5) by adding provision re 7-year period not to begin anew if property for which permit held is transferred or sold during that period, effective May 24, 2013; P.A. 13-101 amended Subsec. (a) by adding provision re offering and tasting of free samples of spirits distilled on premises, subject to certain conditions, effective June 6, 2013; P.A. 15-24 amended Subsec. (a) by adding provisions re holder of manufacturer permit who produces less than 25,000 gallons of alcoholic liquor in a calendar year to sell at retail from premises sealed bottles or containers of alcoholic liquor manufactured on premises for consumption off premises, changed tasting amount from one-half ounce to two ounces per day and deleted provision re holder of manufacturer permit to apply for and receive wholesaler permit, amended Subsec. (c) by adding Subdiv. (3) re offering and tasting, on premises of permittee, of free samples of cider and apple wine manufactured on such premises, and amended Subsec. (e)(4) by designating provision re wine manufactured by another farm winery as Subpara. (A) and adding Subpara. (B) re brandy manufactured from fruit harvested in this state and distilled off the premises in this state, effective June 4, 2015, and further amended Subsec. (e) by making a technical change in Subdiv. (1) and adding “dispensed out of bottles or containers having capacities of not more than two gallons per bottle or container,” in Subdiv. (2)(D), effective July 1, 2015; P.A. 16-103 amended Subsec. (e)(7) by adding “and offer free tastings of”, effective June 2, 2016; P.A. 17-160 added new Subsec. (f) re manufacturer permit for farm brewery, redesignated existing Subsecs. (f) and (g) as Subsecs. (g) and (h), and made a conforming change, effective July 7, 2017; P.A. 17-232 added Subsec. (h), codified by the Revisors as Subsec. (i), re manufacturer permit for farm distillery; P.A. 19-24 amended Subsecs. (b), (f)(2) and (g) to replace “nine liters” with “nine gallons”, amended Subsec. (c) to add Subdiv. (4) re retail sale of cider and apple wine on premises, and made technical and conforming changes, effective June 5, 2019, and replaced references to alcoholic liquor with references to spirits, amended Subsec. (a) to replace 25,000 gallons with 50,000 gallons re production, replace “one and one-half liters” with “three liters” re sale to any one consumer, add provision re free samples of spirits distilled on premises, substantially amended Subsec. (b) including by deleting provisions re scope of manufacturer permit for beer and authorized activities with provisions re authorized activities under beer manufacturer permit, and replaced annual permit fee of $1,000 with annual permit fee of $1,400, deleted former Subsec. (c) re manufacturer permit for cider, deleted former Subsec. (d) re manufacturer permit for apple brandy and eau-de-vie, redesignated existing Subsec. (e) as new Subsec. (c), deleted former Subsec. (f) re manufacturer permit for farm brewery, deleted former Subsec. (g) re manufacturer permit for brew pub, deleted former Subsec. (h) re manufacturer permit for beer and brew pub, deleted former Subsec. (i) re manufacturer permit for farm distillery, added new Subsec. (d) re manufacturer permit for wine, cider and mead, and made conforming changes, effective July 1, 2020; P.A. 21-37 amended Subsec. (a) by adding definition of “proof gallon” and replacing reference to 50,000 gallons of spirits with 50,000 proof gallons of spirits, effective July 1, 2021; P.A. 22-56 amended Subsec. (b) by adding provisions re collaborative brewing in Subdivs. (1) and (2) and definition of “collaboration”, effective May 23, 2022; P.A. 23-49 amended Subsec. (c) by redesignating existing Subdiv. (5) as Subdiv. (5)(A), adding Subdiv. (5)(B) re crop losses sustained by farm wineries, adding new Subdiv. (8) re retail sales by farm wineries at locations in addition to farm wineries' permit premises, redesignating existing Subdiv. (8) as Subdiv. (9), and making technical and conforming changes, effective June 13, 2023; P.A. 23-50 amended Subsec. (a) by designating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B) and adding new Subdiv. (2) re farmers' markets sales and tastings, amended Subsec. (b) by designating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C) and adding new Subdiv. (2) re farmers' markets sales and tastings, and made technical and conforming changes throughout, effective June 13, 2023.

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Sec. 30-16a. Off-site farm winery sales and wine, cider and mead tasting permit. (a) The Commissioner of Consumer Protection shall issue an off-site farm winery sales and wine, cider and mead tasting permit to a holder of a manufacturer permit for a farm winery or to a holder of a manufacturer permit for wine, cider and mead upon the holder's submission of proof to the commissioner that the holder is in compliance with the requirements of subsection (c) or (d) of section 30-16. An off-site farm winery sales and wine, cider and mead tasting permit shall authorize the sale and offering of free samples of products manufactured by such permittees during a total of not more than seven events or functions per year at locations outside the permit holder's permit premises, provided such holder: (1) Notifies the Department of Consumer Protection, on a form prescribed by the Commissioner of Consumer Protection, not less than five business days prior to the date of the event or function, of the date, hours and location of each event or function, (2) sells only wine, cider and mead by the bottle at the event or function, and (3) is present, or has an authorized representative present, at the time of the sale of any such bottles or the offering of a free sample of such products from the permit holder at the event or function. An off-site farm winery sales and wine, cider and mead tasting permit shall be valid for a period of one year from the date of issuance. The annual fee for such permit shall be two hundred fifty dollars. There shall be a one-hundred-dollar nonrefundable filing fee for any such permit.

(b) Any town or municipality may, by ordinance or zoning regulation, prohibit the sale or offering of free samples by the holder of an off-site farm winery sales and wine, cider and mead tasting permit at an event or function held in such town or municipality.

(P.A. 14-189, S. 1; P.A. 19-24, S. 10; P.A. 23-50, S. 11.)

History: P.A. 14-189 effective July 1, 2014; P.A. 19-24 added references to cider and mead and references to manufacturer permit for wine, cider and mead, and made technical and conforming changes, effective July 1, 2020; P.A. 23-50 amended Subsec. (a) by deleting references to Secs. 30-35, 30-37b and 30-37h, effective July 1, 2023.

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Sec. 30-16b. Authorization to sell alcoholic liquor for off-premises consumption. Sale with food. Delivery. Hours. Limits for order. (a) The holder of a permit issued under section 30-16, 30-21 or 30-22, subsection (c) or (g) of section 30-22a or section 30-22aa may sell for off-premises consumption sealed containers of all alcoholic liquor such permit holder is allowed to sell for on-premises consumption, subject to the requirements of this section and consistent with all local ordinances for the town in which the permit premises are located.

(b) Any alcoholic liquor sold for off-premises consumption under this section shall be accompanied by food prepared on the permit premises for off-premises consumption.

(c) Alcoholic liquor sold for off-premises consumption under this section may be sold in a container other than the manufacturer's original sealed container, unless sold by a permittee under section 30-16. All such alcoholic liquor shall be given to a consumer in a securely sealed container that prevents consumption without the removal of a tamper-evident lid, cap or seal. A securely sealed container does not include a container with a lid with sipping holes or openings for straws. Each securely sealed container shall be placed in a bag by the permittee's agent or employee prior to removal from the permit premises.

(d) If a permittee is delivering alcoholic liquor and food, such delivery shall be made only by a direct employee of the permittee and not by a third-party vendor or entity, unless such third-party vendor or entity holds an in-state transporter's permit issued under section 30-19f.

(e) The sale of alcoholic liquor for off-premises consumption under this section shall: (1) Be conducted only during the hours a package store is permitted to sell alcoholic liquor under the provisions of subsection (d) of section 30-91, and (2) if such alcoholic liquor is sold by a permittee under section 30-21 or 30-22, subsection (c) or (g) of section 30-22a or section 30-22aa, comply with all applicable requirements of said sections and the limits imposed under subsection (g) of this section.

(f) A sealed container of alcoholic liquor sold under this section shall not be deemed an open container, provided the sealed container is unopened, the seal has not been tampered with and the contents of the sealed container have not been partially removed.

(g) The sale of alcoholic liquor for off-premises consumption under this section by a permittee under section 30-21 or 30-22, subsection (c) or (g) of section 30-22a or section 30-22aa shall comply with the following limits for any one order, per customer: (1) One hundred ninety-six ounces for beer; (2) one liter for spirits; and (3) one and one-half liters for wine.

(h) The provisions of this section shall not apply to the retail sale of any alcoholic liquor manufactured by a manufacturer permittee under section 30-16 on the manufacturer's permit premises for off-premises consumption, which shall be subject to the requirements of section 30-16, including, but not limited to, the volume limits and hours of sale set forth in section 30-16.

(P.A. 21-37, S. 108; P.A. 22-104, S. 11; P.A. 23-50, S. 12.)

History: P.A. 21-37 effective June 4, 2021; P.A. 22-104 amended Subsec. (a) by substituting reference to Subsec. (c) or (g) of Sec. 30-22a for reference to Subsec. (a), (g), (h) or (i) of Sec. 30-22a and adding reference to Sec. 30-22aa, amended Subsecs.(e)(2) and (g) by adding references to Subsec. (c) or (g) of Sec. 30-22a and Sec. 30-22aa, and made technical and conforming changes, effective May 24, 2022; P.A. 23-50 amended Subsec. (a) by deleting sunset on sales for off-premises consumption, effective July 1, 2023.

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Sec. 30-16d. Alternating proprietorship agreements. Requirements. Regulations. (a) For the purposes of this section:

(1) “Alternating proprietorship agreement” or “agreement” means a written agreement between a host manufacturer and at least one tenant manufacturer under which the host manufacturer agrees to share permit premises with, or rent permit premises to, a tenant manufacturer for the purpose of producing alcoholic beverages;

(2) “Certificate of label approval” has the same meaning as provided in 27 CFR 4.10, as amended from time to time;

(3) “Host manufacturer” means a manufacturer who enters into an alternating proprietorship agreement with a tenant manufacturer and agrees to share permit premises with, or rent permit premises to, the tenant manufacturer pursuant to such agreement;

(4) “Manufacturer” means the holder of a manufacturer permit issued under section 30-16;

(5) “Permit premises” means the location where alcoholic beverages are produced under an alternating proprietorship agreement; and

(6) “Tenant manufacturer” means a manufacturer who enters into an alternating proprietorship agreement with a host manufacturer and agrees to share permit premises with, or rent permit premises from, the host manufacturer pursuant to such agreement.

(b) (1) A host manufacturer and a tenant manufacturer may enter into an alternating proprietorship agreement, provided:

(A) If the host manufacturer is sharing permit premises with the tenant manufacturer pursuant to such agreement, the host manufacturer or tenant manufacturer shall be deemed to be in exclusive control and possession of those portions of the permit premises which such host manufacturer or tenant manufacturer is actively using to produce and store alcoholic beverages pursuant to such agreement.

(B) (i) Each manufacturer shall separately hold title to (I) all ingredients, packaging supplies and raw materials that such manufacturer uses to produce alcoholic beverages pursuant to such agreement, and (II) all alcoholic beverages such manufacturer produces on the permit premises pursuant to such agreement until such alcoholic beverages are removed from such permit premises.

(ii) All alcoholic beverages, ingredients, packaging supplies and raw materials described in subparagraph (B)(i) of this subdivision shall be conspicuously labeled in a manner that identifies the manufacturer who is in possession of such alcoholic beverages, ingredients, packaging supplies or raw materials.

(iii) Nothing in subparagraph (B)(i) or (B)(ii) of this subdivision shall be construed to prohibit a tenant manufacturer from purchasing ingredients, packaging supplies or raw materials from the host manufacturer before the tenant manufacturer begins producing an alcoholic beverage pursuant to such agreement.

(C) During all stages of the production process, each alcoholic beverage that a manufacturer produces pursuant to such agreement shall be maintained (i) separately from the alcoholic beverages produced by all other manufacturers pursuant to such agreement, and (ii) in a manner in which such manufacturer's alcoholic beverages are readily identifiable as such manufacturer's alcoholic beverages.

(D) Each manufacturer who is a party to such agreement shall assume any risk of loss of an alcoholic beverage that such manufacturer produces pursuant to such agreement, and no tenant manufacturer shall return to the host manufacturer any alcoholic beverage that such tenant manufacturer produces pursuant to such agreement.

(E) (i) Each manufacturer who is a party to such agreement shall (I) separately maintain control and responsibility over the alcoholic beverages that such manufacturer produces pursuant to such agreement as well as the production quantity of, and formula development and quality control standards for, such alcoholic beverages, and (II) ensure the independence of such manufacturer's brands, marketing, product registrations, sales and trademarks.

(ii) Nothing in subparagraph (E)(i) of this subdivision shall be construed to preclude a tenant manufacturer from paying a host manufacturer for any service rendered by a host manufacturer's employee for the purpose of assisting the tenant manufacturer with any aspect of such tenant manufacturer's operations.

(F) Each manufacturer who is a party to such agreement shall (i) maintain separate records concerning such manufacturer's production pursuant to such agreement, sales and any other matter required by other applicable law, (ii) file separate licensing, production and sales reports with federal and state authorities as required by other applicable law, and (iii) separately pay any tax due on the alcoholic beverages such manufacturer has produced pursuant to such agreement.

(G) Each manufacturer who is a party to such agreement shall (i) be approved, licensed or qualified by the federal Alcohol and Tobacco Tax and Trade Bureau as required by federal law, (ii) be responsible for obtaining such manufacturer's (I) certificates of label approval, and (II) brand registrations from the department under section 30-63, and (iii) label each alcoholic beverage that such manufacturer produces pursuant to such agreement with such manufacturer's business name and the address of the permit premises.

(H) No manufacturer who is a party to such agreement may be owned by any person who owns any other manufacturer who is a party to such agreement, except if such manufacturers are producing different classes of alcoholic beverage.

(2) Nothing in subdivision (1) of this subsection shall be construed to prohibit (A) multiple manufacturers from equally sharing the ownership or use of any permit premises, or (B) an out-of-state manufacturer from entering into an alternating proprietorship agreement with a host manufacturer as a tenant manufacturer, provided the out-of-state manufacturer applies for a manufacturer permit under section 30-16.

(c) The department may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(P.A. 23-50, S. 3.)

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Sec. 30-16e. Contract manufacturing agreements. Requirements. Regulations. (a) For the purposes of this section:

(1) “Certificate of label approval” has the same meaning as provided in 27 CFR 4.10, as amended from time to time;

(2) “Contract manufacturing agreement” or “agreement” means a written agreement, including, but not limited to, a custom crush agreement, in which a primary manufacturer agrees to produce an alcoholic beverage on behalf of a contracting party;

(3) “Contracting party” means the holder of a manufacturer permit issued under section 30-16, a wholesaler permit issued under section 30-17 or an out-of-state shipper's permit for alcoholic liquor issued under section 30-18 that owns the recipe for an alcoholic beverage;

(4) “Custom crush agreement” means a contract manufacturing agreement under which a primary manufacturer that holds a manufacturer permit issued under section 30-16 for the production of wine produces wine on behalf of a contracting party by using grapes or other fruit provided by the contracting party; and

(5) “Primary manufacturer” means a manufacturer who produces an alcoholic beverage on behalf of a contracting party on the manufacturer's permit premises pursuant to a contract manufacturing agreement.

(b) A contracting party may enter into a contract manufacturing agreement with a primary manufacturer, provided:

(1) The primary manufacturer shall:

(A) Maintain, at all times during the term of such agreement, exclusive control and possession of all premises on which the primary manufacturer produces alcoholic beverages on behalf of the contracting party pursuant to such agreement;

(B) Bear sole responsibility for production of all alcoholic beverages on behalf of the contracting party pursuant to such agreement;

(C) Label with the primary manufacturer's business name and address all alcoholic beverages the primary manufacturer produces on behalf of the contracting party pursuant to such agreement;

(D) Maintain title to (i) all ingredients that the primary manufacturer uses during the production process for an alcoholic beverage that the primary manufacturer produces on behalf of the contracting party pursuant to such agreement unless such agreement is a custom crush agreement, (ii) all machinery and supplies that the primary manufacturer uses during the production process for an alcoholic beverage that the primary manufacturer produces on behalf of the contracting party pursuant to such agreement, and (iii) each alcoholic beverage the primary manufacturer produces on behalf of the contracting party pursuant to such agreement until such alcoholic beverage is removed from such primary manufacturer's permit premises;

(E) Maintain appropriate production records concerning all alcoholic beverages the primary manufacturer produces on behalf of the contracting party pursuant to such agreement;

(F) Obtain from the federal Alcohol and Tobacco Tax and Trade Bureau any certificate of label approval required for an alcoholic beverage that the primary manufacturer produces on behalf of the contracting party pursuant to such agreement;

(G) File any registration required under section 30-63 for an alcoholic beverage that the primary manufacturer produces on behalf of the contracting party pursuant to such agreement;

(H) Pay any tax due on the alcoholic beverages the primary manufacturer has produced on behalf of the contracting party pursuant to such agreement, which agreement may require the contracting party to reimburse the primary manufacturer for the cost of such tax;

(I) Provide to the department, upon inspection or request, an up-to-date list and copies of all contract manufacturing agreements to which the primary manufacturer is a party and production records concerning such agreements, which list, copies and records shall be provided to the department in an electronic format unless it is commercially impractical; and

(J) Not sell at retail for off-premises consumption or at wholesale any alcoholic beverage such primary manufacturer produces on behalf of the contracting party if any wholesaler permittee under section 30-17 has the distribution rights for such alcoholic beverage; and

(2) The contracting party shall not produce any alcoholic beverage on the primary manufacturer's permit premises.

(c) The department may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(P.A. 23-50, S. 4.)

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Sec. 30-22a. Cafe permit. Off-premises consumption of wine purchased with meal. Compliance provisions. (a) A cafe permit shall allow the retail sale of alcoholic liquor to be consumed on the premises of a cafe. The holder of a cafe permit shall keep food available for sale to its customers for consumption on the premises during the majority of the hours such premises are open. The availability of food from outside vendors located on or near the premises, who may directly deliver such food or indirectly deliver such food through a third party, shall be deemed to constitute compliance with such requirement. The licensed premises shall at all times comply with all the regulations of the local department of health. Nothing herein shall be construed to require that any food be sold or purchased with any alcoholic liquor, nor shall any rule, regulation or standard be promulgated or enforced to require that sales of food be substantial or that the business's receipts from sales of alcoholic liquor equal any set percentage of total receipts from all sales made on the licensed premises. A cafe permit shall allow, with the prior approval of the Department of Consumer Protection, alcoholic liquor to be served at tables in outside areas that are screened or not screened from public view where permitted by fire, zoning and health regulations. If not required by fire, zoning or health regulations, a fence or wall enclosing such outside areas shall not be required by the Department of Consumer Protection. No fence or wall used to enclose such outside areas shall be less than thirty inches high. Such permit shall also authorize the sale at retail from the premises of sealed containers, supplied by the permittee, of draught beer for consumption off the premises. Such sales shall be conducted only during the hours a package store is permitted to sell alcoholic liquor under the provisions of subsection (d) of section 30-91. Not more than four liters of such beer shall be sold to any person on any day on which the sale of alcoholic liquor is authorized under the provisions of subsection (d) of section 30-91. The annual fee for a cafe permit shall be two thousand dollars, except the annual fee for a cafe permit for a prior holder of a tavern permit issued under section 30-26 shall be eight hundred dollars for the first year, twelve hundred dollars for the second year, one thousand six hundred dollars for the third year and two thousand dollars for each year thereafter.

(b) (1) A cafe patron may remove one unsealed bottle of wine for off-premises consumption, provided the patron has purchased a full course meal and consumed a portion of the wine with such meal on the cafe premises. For purposes of this section, “full course meal” means a diversified selection of food which (A) ordinarily cannot be consumed without the use of tableware, and (B) cannot be conveniently consumed while standing or walking.

(2) A partially consumed bottle of wine that is to be removed from the premises under this subsection shall be securely sealed and placed in a bag by the permittee or the permittee's agent or employee prior to removal from the premises.

(c) As used in this section, “cafe” means space in a suitable and permanent building, vessel or structure, kept, used, maintained, advertised and held out to the public to be a place where alcoholic liquor and food is served for sale at retail for consumption on the premises but which does not necessarily serve hot meals; it shall have no sleeping accommodations for the public and need not necessarily have a kitchen or dining room but shall have employed therein at all times an adequate number of employees.

(d) For purposes of compliance with this section, “cafe” includes any location in a passenger terminal complex of any airport, as defined in section 15-34, or any location adjacent to and attached by common partition to such complex, which is open to the public or to airline club members or their guests, with or without the sale of food, for consumption on the premises.

(e) For purposes of compliance with this section, “cafe” includes all of the land and buildings in which the principal business conducted is racing or jai alai exhibitions, with pari-mutuel betting licensed by the Department of Consumer Protection.

(f) For purposes of compliance with this section, “cafe” includes any commercial bowling establishment containing ten or more lanes, or any commercial racquetball or tennis facility containing five or more courts, with or without food, for consumption on the premises.

(g) For purposes of compliance with this section, “cafe” includes the premises and grounds of a golf country club, defined as: (1) An association of persons, whether incorporated or unincorporated, that has been in existence as a bona fide organization for at least one year prior to applying for a permit issued as provided by this chapter, or that at the time of applying for the permit is in existence as a bona fide organization and has not less than twenty members who have paid annual membership fees or dues and have signed affidavits of their intention to remain members of the association for not less than one year after that time, not including associations organized for any commercial or business purpose the object of which is money profit, which maintains a golf course of not less than eighteen holes and a course length of at least fifty-five hundred yards and a club house with facilities that include locker rooms, a dining room and a lounge; provided the club shall file with the department, upon request, within ten days of February first in each year, a list of the names and residences of its members, and shall similarly file, within ten days of the election of any additional member, his name and address, and provided its aggregate annual membership fees or dues and other income, exclusive of any proceeds of the sale of alcoholic liquor, shall be sufficient to defray the annual rental of its leased or rented premises, or, if the premises are owned by the club, shall be sufficient to meet the taxes, insurance and repairs and the interest on any mortgage thereof; and provided, further, its affairs and management shall be conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and no member or any officer, agent or employee of the club shall be paid or, directly or indirectly, shall receive in the form of salary or other compensation any profits from the disposition or sale of alcoholic liquor to the club or to the members of the club or its guests introduced by members, beyond the amount of such salary as may be fixed and voted at annual meetings by the members or by its directors or other governing body and as reported by the club to the department, within three months after the annual meeting, and as is, in the judgment of the department, reasonable and proper compensation for the services of such member, officer, agent or employee; or (2) an association of persons, whether incorporated or unincorporated, which has been in existence as a bona fide organization for at least one year prior to applying for a permit issued as provided by this chapter, or which at the time of applying for the permit is in existence as a bona fide organization and has not less than twenty members who have paid annual membership fees or dues and is directly or indirectly wholly owned by a corporation which is and continues to be nonprofit and to which the Internal Revenue Service has issued a ruling classifying it as an exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, which maintains a golf course of not less than eighteen holes and a course length of at least fifty-five hundred yards and a club house with facilities which include locker rooms, a dining room and a lounge; provided the club shall file with the department, upon request, within ten days of February first in each year, a list of the names and residences of its members, and shall similarly file, within ten days of the admission of any additional member, his name and address. The nonprofit corporation shall demonstrate to the commission an ability to pay any operating deficit of the golf country club, exclusive of any proceeds of the sale of alcoholic liquor; and provided, further, the affairs and the management of the nonprofit corporation are conducted by a board of directors, executive committee or similar body at least forty per cent of the members of which are chosen by the members of the nonprofit corporation at their annual meeting and the balance of the members of the board of directors are professionals chosen for their knowledge of the business of the nonprofit corporation, and all moneys earned by the golf country club shall be used to defray its expenses of operation or for charitable purposes, and any balance shall be directly or indirectly remitted to the nonprofit corporation.

(h) For purposes of compliance with this section, “cafe” includes any corporation that operates a railway in this state or that operates club, parlor, dining, buffet or lounge cars upon the lines of any such railway in this state. It shall allow the sale and public consumption of alcoholic liquor in any club, parlor, dining, buffet or lounge car of a passenger train operated in this state. It shall be subject to all the privileges, obligations and penalties provided for in this chapter except that it shall be issued to a corporation instead of to a person and, if it is revoked, another application may be made by the corporation for the issuance of another railroad permit at any time after the expiration of one year after such revocation.

(i) For purposes of compliance with this section, “cafe” includes a facility designed, constructed and used for corporate and private parties, sporting events, concerts, exhibitions, trade shows, entertainment presentations, conventions, banquets, meetings, dances, fund-raising events and similar functions, located on a tract of land of not less than twenty acres containing an enclosed roofed pavilion constructed to seat not less than two hundred fifty people, where hot meals are regularly served in an adequate and sanitary dining area, such meals having been prepared in an adequate and sanitary kitchen on the premises, and employing an adequate number of employees who shall serve only persons who are at such outing facility to attend an event, function, private party or banquet.

(j) For purposes of compliance with this section, “cafe” includes: (1) A room or building that is subject to the care, custody and control of The University of Connecticut Board of Trustees; (2) land and buildings which are subject to the care, custody and control of an institution offering a program of higher learning, as defined in section 10a-34, which has been accredited by the Board of Regents for Higher Education or is authorized by the Office of Higher Education to award a degree pursuant to section 10a-34; or (3) on land or in a building situated on or abutting a golf course which is subject to the care, custody and control of an institution offering a program of higher learning, as defined in section 10a-34, which has been accredited by the Board of Regents for Higher Education or is authorized by the Office of Higher Education to award a degree pursuant to section 10a-34.

(k) For purposes of compliance with this section, “cafe” includes a tobacco bar that: (1) During the calendar year ending December 31, 2002, generated at least ten per cent of the tobacco bar's total annual gross income from on-site sales of tobacco products and rentals of on-site humidors; or (2) commenced operations during the period beginning January 1, 2003, and ending December 31, 2022, and (A) generates at least sixty per cent of the tobacco bar's total annual gross sales from on-site sales of tobacco products, as defined in subparagraph (E) of subdivision (2) of subsection (b) of section 19a-342 and subparagraph (F) of subdivision (2) of subsection (b) of section 19a-342a, as determined in an annual audit conducted by an independent certified public accountant, (B) is located in a municipality that has a population of at least eighty thousand and does not contain another tobacco bar, (C) does not allow cigarettes or cigarette tobacco on the premises, (D) contains a walk-in or stand-up humidor as a built-in feature on the premises, (E) is located in a building (i) in which no other owner-occupant, lessee or tenant has a right to utilize the same space as the tobacco bar, or (ii) that uses the tobacco bar's own heating, ventilation or air conditioning system to prevent commingling of air, (F) is located in premises equipped with a ventilation system that (i) provides local mechanical exhaust with no recirculation, (ii) circulates at least sixty cubic feet of outdoor air per person per minute to provide adequate indoor air quality, and (iii) satisfies the requirements established in ANSI/ASHRAE 62-2001, “ventilation for acceptable indoor air quality”, as amended from time to time, and (G) provides health coverage to the tobacco bar's employees and their dependents in accordance with other applicable law, including, but not limited to, the Patient Protection and Affordable Care Act, P.L. 111-148, as amended by the Health Care and Education Reconciliation Act, P.L. 111-152, as both may be amended from time to time, and regulations adopted thereunder.

(1967, P.A. 365, S. 2; P.A. 79-604, S. 2, 5; P.A. 92-15, S. 2; P.A. 93-139, S. 19; P.A. 95-195, S. 26, 83; P.A. 97-175, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-11, S. 2; 04-33, S. 2; 04-169, S. 17; 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 339; P.A. 15-244, S. 79; P.A. 19-24, S. 22; P.A. 21-10, S. 2; 21-37, S. 97; P.A. 22-104, S. 8; 22-123, S. 10; P.A. 23-103, S. 1; 23-110, S. 2.)

History: P.A. 79-604 added provisions re serving liquor at outdoor tables under cafe permit; P.A. 92-15 amended section to provide that prior approval of the department of liquor control is necessary for serving of alcoholic liquor at tables in outside areas not screened from public view where permitted by fire, zoning or health regulations and to specify that a fence or wall enclosing such outside areas would not be required by the department of liquor control if no fire, zoning or health regulations required same; P.A. 93-139 made technical changes, added the annual fee for a cafe permit and added Subsec. (b) defining “cafe”; P.A. 95-195 amended Subsec. (a) by substituting Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 97-175 amended Subsec. (b) to require alcoholic liquor and food to be served for sale at retail and to make a technical change; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-11 amended Subsec. (a) to permit the serving of alcoholic liquor at tables in outside areas which are screened, in addition to tables in outside areas which are not screened; P.A. 04-33 added new Subsec. (b) permitting a patron to remove one unsealed bottle of wine for off-premises consumption, and relettered former Subsec. (b) as Subsec. (c); P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 increased fee in Subsec. (a) from $1,750 to $2,000; P.A. 15-244 amended Subsec. (a) to add provision re sale of draught beer in sealed containers for consumption off premises, effective July 1, 2015; P.A. 19-24 amended Subsec. (a) by replacing “premises operated under a cafe permit shall regularly keep food available” with “The holder of a cafe permit shall keep food available”, replacing provisions re availability of food with new provisions re same, and adding provision re exception to annual fee for cafe permit for prior holder of tavern permit, amended Subsec. (c) by redefining “cafe”, added Subsecs. (d) to (m) re meaning of cafe, and making a technical change, effective July 1, 2020; P.A. 21-10 deleted former Subsec. (h) re clubs and former Subsec. (i) re nonprofit clubs and redesignated existing Subsecs. (j) to (m) as Subsecs. (h) to (k), effective May 13, 2021; P.A. 21-37 amended Subsec. (m), codified by the Revisors as Subsec. (k), by making a technical change, adding new Subdiv. (2) re land and buildings subject to care, custody and control of accredited institution offering program of higher learning and redesignating existing Subdiv. (2) as Subdiv. (3), effective July 1, 2021; P.A. 22-104 amended Subsec. (a) by adding “who may directly deliver such food or indirectly deliver such food through a third party”, amended Subsec. (b) by dividing Subdiv. (1) into Subparas., amended Subsec. (d) by expanding provisions to include any location in a passenger terminal complex of any airport, deleted former Subsec. (h) re boats, redesignated existing Subsecs. (i) to (k) as Subsecs. (h) to (j), and made technical and conforming changes, effective May 24, 2022; P.A. 22-123 amended Subsec. (k) by moving reference to the Office of Higher Education to be after “authorized”, effective July 1, 2022; P.A. 23-103 added Subsec. (k) re tobacco bars; P.A. 23-110 made a technical change in Subsec. (a), effective July 1, 2023.

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Sec. 30-22d. Connecticut craft cafe permit. (a) For the purposes of this section:

(1) “Collaboration” has the same meaning as provided in subsection (b) of section 30-16; and

(2) “Craft cafe” means a space that (A) is located in a suitable and permanent building, (B) is kept, used, maintained, advertised and held out to the public to be a place where alcoholic liquor and food are served at retail for consumption on the premises, (C) at all times has employed therein an adequate number of employees, (D) does not include public sleeping accommodations, and (E) need not necessarily have a dining room or kitchen.

(b) A Connecticut craft cafe permit shall allow the retail sale of alcoholic liquor manufactured in this state to be consumed on the premises of such craft cafe. If the holder of a Connecticut craft cafe permit also holds a manufacturer permit for beer issued under subsection (b) of section 30-16, such holder may sell, at retail for consumption on the permit premises, any brand of beer that such holder manufactured in collaboration with at least one other holder of such a manufacturer permit, provided not more than one such brand of beer may be sold from the permit premises at any time. The holder of a Connecticut craft cafe permit shall also hold a manufacturer permit issued under section 30-16, and shall keep food available during the majority of the hours such permit premises are open under this subsection for sale to, and consumption by, customers on such permit premises. The availability of food from outside vendors located on or near the permit premises, delivered either directly by such outside vendors or indirectly through a third party, is sufficient to satisfy such requirement. The permit premises shall at all times comply with all regulations of the local department of health. Nothing in this section shall be construed to require that any food be sold or purchased with any alcoholic liquor, and no rule, regulation or standard shall be promulgated or enforced to require that sales of food be substantial or that the business's receipts from sales of alcoholic liquor equal any set percentage of total receipts from all sales made on the permit premises. A Connecticut craft cafe permit shall allow, with the Department of Consumer Protection's prior approval and if allowed under fire, zoning and health regulations, alcoholic liquor to be served at tables in outside areas that are screened or not screened from public view. If fire, zoning or health regulations do not require that such areas be enclosed by a fence or wall, the department shall not require that such areas be so enclosed. No such fence or wall shall be less than thirty inches high. A Connecticut craft cafe permit shall also authorize the sale, at retail from the permit premises for consumption off the permit premises, of sealed containers supplied by the permittee of draught beer, including, but not limited to, beer manufactured in collaboration with at least one other holder of a manufacturer permit for beer issued under subsection (b) of section 30-16, provided not more than one collaboratively manufactured brand of beer may be sold from the permit premises at any time. Such sales shall be conducted only during the hours that the holder of a manufacturer permit for beer issued under subsection (b) of section 30-16 is permitted to sell alcoholic liquor under the provisions of subsection (d) of section 30-91. Not more than nine gallons of such beer shall be sold to any person on any day on which the sale of alcoholic liquor is authorized under the provisions of subsection (a) of section 30-91. The annual fee for each Connecticut craft cafe permit shall be three hundred dollars.

(c) The holder of a Connecticut craft cafe permit may purchase, for resale on such permit holder's premises, alcoholic liquor manufactured by the holder of a manufacturer permit for: (1) Spirits issued under subsection (a) of section 30-16; (2) beer issued under subsection (b) of section 30-16; (3) a farm winery issued under subsection (c) of section 30-16; or (4) wine, cider and mead issued under subsection (d) of section 30-16. Such purchase for resale may be made from the original manufacturer of the alcoholic liquor or from the holder of a wholesaler permit issued under section 30-17 with distribution rights to such alcoholic liquor. The holder of a Connecticut craft cafe permit shall not purchase the same type of alcoholic liquor such permit holder manufactures from any holder of a manufacturer permit specified in subdivision (1), (2) or (3) of this subsection, except any holder of a Connecticut craft cafe permit that also holds the manufacturer permit specified in subdivision (2) of this subsection may purchase from another holder of such a manufacturer permit beer that the Connecticut craft cafe permit holder manufactured in collaboration with another holder of such a manufacturer permit. The sale of such alcoholic liquor shall not comprise more than twenty per cent of the Connecticut craft cafe permit holder's gross annual sales of all alcoholic liquor sold for on-premises consumption.

(P.A. 19-24, S. 18; P.A. 22-56, S. 7; 22-104, S. 25; P.A. 23-103, S. 4.)

History: P.A. 19-24 effective July 1, 2020; P.A. 22-56 redesignated former Subsec. (b) as Subsec. (a) and amended same by defining “collaboration” and redefining “craft cafe”, redesignated existing Subsec. (a) as Subsec. (b) and amended same by adding provisions re collaboratively manufactured beer, amended Subsec. (c) by adding provisions re collaboratively manufactured beer, and made technical and conforming changes, effective May 23, 2022; P.A. 22-104 redesignated former Subsec. (b) as Subsec. (a) and amended same by redefining “craft cafe”, redesignated existing Subsec. (a) as Subsec. (b) and amended same by adding provisions requiring that holder of Connecticut craft cafe permit also hold manufacturer permit issued under Sec. 30-16 and providing that food may be made available directly through outside vendor or indirectly through third party, and made technical and conforming changes, effective May 24, 2022; P.A. 23-103 amended Subsec. (c) by substituting “alcoholic liquor manufactured by” for “alcoholic liquor from” and adding provision authorizing purchase for resale from original manufacturer or holder of wholesaler permit with distribution rights, effective July 1, 2023.

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Sec. 30-22e. Seasonal outdoor open-air permits. (a) A seasonal outdoor open-air permit shall allow the retail sale of alcoholic liquor for consumption on a lot, yard, green or other outdoor open space, provided: (1) The retail sale and consumption of alcoholic liquor is allowed in such space by the applicable local zoning, health and fire marshal officials; (2) the permitted premises is not more than one acre in size; (3) a temporary fence or a wall not less than thirty inches high encloses the permitted area; (4) restrooms or enclosed portable toilets are available either within the permitted area or nearby; and (5) food is available for sale to consumers for consumption on the permitted premises during all hours that the permittee is engaging in the retail sale of alcoholic liquor. Any such food may be prepared on the permitted premises, be provided by a food truck or a caterer or consist of prepackaged items. The availability of area menus for delivery shall be deemed in compliance with the requirements of this subsection. Nothing in this section shall be construed to require that food be purchased with an alcoholic beverage.

(b) Tents, mobile units and other temporary fixtures may be included within the permitted premises. A permittee under this section shall maintain the permitted premises in a manner consistent with all applicable local zoning, health and fire requirements.

(c) The seasonal outdoor open-air permit shall be effective either April first to September thirtieth, inclusive, or May first to October thirty-first, inclusive, of the same year. Such permit shall be issued by the Department of Consumer Protection subject to the limitations on hours of operation for a restaurant permittee, as specified in section 30-91. No such permit shall be renewable, and the department shall not issue a provisional seasonal outdoor open-air permit. Any backer of the permittee may apply for only one seasonal outdoor open-air permit per calendar year. The provisions of subdivision (3) of subsection (b) and subsection (c) of section 30-39 shall not apply to seasonal outdoor open-air permits. The annual fee for each seasonal outdoor open-air permit shall be two thousand dollars.

(d) The seasonal outdoor open-air permit shall allow the sale at retail of draught beer for off-premises consumption in sealed containers supplied by the permittee. Such sales shall be conducted only during the hours a package store is permitted to sell alcoholic liquor under the provisions of subsection (d) of section 30-91. Not more than four liters of such beer shall be sold to any person on any day on which the sale of alcoholic liquor is authorized under the provisions of subsection (d) of section 30-91.

(P.A. 21-37, S. 103; P.A. 22-104, S. 26; P.A. 23-50, S. 13.)

History: P.A. 21-37 effective June 4, 2021; P.A. 22-104 amended Subsec. (c) by adding reference to Sec. 30-39(b)(3), and made technical and conforming changes, effective May 24, 2022; P.A. 23-50 amended Subsec. (a) by deleting “square” and made technical changes in Subsecs. (a), (c) and (d).

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Sec. 30-22f. Outdoor open-air permit. (a) An outdoor open-air permit shall allow the retail sale of alcoholic liquor for consumption on a lot, yard, green or other outdoor open space, provided: (1) The retail sale and consumption of alcoholic liquor is allowed in such space by the applicable local zoning, health and fire marshal officials; (2) the permitted premises is not more than one acre in size; (3) a temporary fence or a wall not less than thirty inches high encloses the permitted area; (4) restrooms or enclosed portable toilets are available either within the permitted area or nearby; and (5) food is available for sale to consumers for consumption on the permitted premises during all hours that the permittee is engaging in the retail sale of alcoholic liquor. Any such food may be prepared on the permitted premises, be provided by a food truck or a caterer or consist of prepackaged items. The availability of area menus for delivery shall be deemed to constitute compliance with such requirement. Nothing in this section shall be construed to require that food be purchased with an alcoholic beverage.

(c) The outdoor open-air permit shall be issued by the department subject to the limitations on hours of operation for a restaurant permittee, as specified in subsection (a) of section 30-91. No such permit shall be renewable. Any backer of the permittee may apply for only one outdoor open-air permit per calendar year. The provisions of subdivision (3) of subsection (b) and subsection (c) of section 30-39 shall not apply to outdoor open-air permits. The annual fee for each outdoor open-air permit shall be four thousand dollars.

(d) The outdoor open-air permit shall allow the sale at retail of draught beer for off-premises consumption in sealed containers supplied by the permittee. Such sales shall be conducted only during the hours in which a package store may sell alcoholic liquor under the provisions of subsection (d) of section 30-91. Not more than four liters of such beer shall be sold to any person on any day on which the sale of alcoholic liquor is authorized under the provisions of subsection (d) of section 30-91.

(P.A. 23-50, S. 6.)

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Sec. 30-25. Special club permit for picnics. Section 30-25 is repealed, effective July 1, 2023.

(June, 1955, S. 2166d; February, 1965, P.A. 553, S. 6; P.A. 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 93-139, S. 24; P.A. 95-195, S. 31, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 343; P.A. 21-37, S. 61; P.A. 22-104, S. 16; P.A. 23-50, S 28.)

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Sec. 30-35. Temporary liquor permit for a noncommercial entity. (a) A temporary liquor permit for a noncommercial entity shall allow the sale of beer, spirits or wine at any fundraising event, outing, picnic or social gathering conducted by a bona fide noncommercial entity, club or golf country club, as described in subsection (g) of section 30-22a, which noncommercial entity, club or golf country club shall be the backer of the permittee under such permit. No for-profit business entity may be the backer of any such permittee. Each temporary liquor permit for a noncommercial entity shall also allow the retail sale of beer, spirits or wine at an in-person or online auction, provided such auction is held as part of a fundraising event to benefit the tax-exempt activities of the noncommercial entity, club or golf country club. All profits from the auction or sale of such beer, spirits or wine shall be retained by the backer or permittee conducting such fundraising event, outing, picnic, social gathering or auction, and no portion of such profits shall be paid, directly or indirectly, to any individual or other corporation. Such permit shall be issued subject to the approval of the department and shall be effective only for specified dates and times limited by the department. The combined total of fundraising events, outings, picnics, social gatherings or auctions, for which a temporary liquor permit for a noncommercial entity is issued under this section, shall not exceed twelve in any calendar year and the approved dates and times for each such fundraising event, outing, picnic, social gathering or auction shall be displayed on such permit. Each temporary liquor permit for a noncommercial entity issued under this section shall be subject to the hours of sale established in subsection (a) of section 30-91 and the combined total of days for which such permit is issued shall not exceed twenty days in any calendar year. The holder of a temporary liquor permit for a noncommercial entity issued under this section shall display such permit, and the days for which such permit has been issued, in a prominent location adjacent to the entrance to the fundraising event, outing, picnic, social gathering or auction. The fee for a temporary liquor permit for a noncommercial entity shall be fifty dollars per day.

(b) The holder of a manufacturer permit issued under section 30-16, a wholesaler permit issued under section 30-17 or a package store permit issued under subsection (b) of section 30-20 may donate to the holder of a temporary liquor permit for a noncommercial entity issued under this section any beer, spirits or wine such manufacturer permittee manufactures, for which such wholesaler permittee holds distribution rights or which such package store permittee sells at retail.

(1949 Rev., S. 4255; P.A. 76-370, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 93-139, S. 35; P.A. 95-195, S. 38, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; 04-230, S. 2; June Sp. Sess. P.A. 09-3, S. 354; P.A. 14-111, S. 1; P.A. 23-50, S. 14.)

History: P.A. 76-370 created temporary liquor permits where previously temporary permits allowed sale of beer only; P.A. 77-614 and P.A. 78-303 replaced liquor control commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division of liquor control an independent department and abolished the department of business regulation, overriding provision of same act which would have placed the division within the public safety department; P.A. 93-139 made technical changes, added the fees for temporary permits and clarified the maximum number of temporary permits to be issued to an organization; P.A. 95-195 substituted Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-230 increased the number of temporary beer permits and temporary liquor permits that may be issued to an organization from four to six per calendar year; June Sp. Sess. P.A. 09-3 increased fees; P.A. 14-111 increased combined total of outings, picnics or social gatherings for which temporary permit may be issued from 6 to 12 in any calendar year, added provision requiring dates and times be displayed on permit and made technical changes, effective July 1, 2014; P.A. 23-50 designated existing provisions as Subsec. (a), substantially amended Subsec. (a) to substitute temporary liquor permit for a noncommercial entity for temporary beer and liquor permits and added Subsec. (b) re donations by manufacturer, wholesaler and package store permittees, effective July 1, 2023.

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Sec. 30-37b. Charitable organization permit. Section 30-37b is repealed, effective July 1, 2023.

(1971, P.A. 254, S. 3; P.A. 93-139, S. 41; P.A. 07-4, S. 1; June Sp. Sess. P.A. 09-3, S. 358; P.A. 14-111, S. 2; P.A. 23-50, S. 28.)

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Sec. 30-37d. Nonprofit public television corporation permit. Section 30-37d is repealed, effective July 1, 2023.

(P.A. 83-152, S. 1; P.A. 93-139, S. 43; P.A. 96-7, S. 1, 5; June Sp. Sess. P.A. 09-3, S. 360; P.A. 23-50, S. 28.)

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Sec. 30-37h. Nonprofit corporation permit. Section 30-37h is repealed, effective July 1, 2023.

(P.A. 88-364, S. 99, 123; P.A. 93-139, S. 46; P.A. 14-111, S. 3; P.A. 23-50, S. 28.)

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Sec. 30-37o. Farmers' market sales permit. Municipal prohibition of sale. (a) The Commissioner of Consumer Protection shall issue a farmers' market sales permit to the holder of a manufacturer permit issued under section 30-16 upon submission of proof to the commissioner that such holder is in compliance with the permit requirements established in subsection (a), (b), (c) or (d) of section 30-16, as applicable. A farmers' market sales permit issued under this section shall authorize the sale of products manufactured by the manufacturer permittee during an unlimited number of appearances at a farmers' market, at not more than ten farmers' market locations per year, provided the holder of such permit:

(1) Has received an invitation from such farmers' market to sell such products at such farmers' market;

(2) Only sells such products by the bottle or sealed container at such farmers' market; and

(3) Is present, or has an authorized representative present, at the time each such product is sold at such farmers' market under such permit.

(b) Each farmers' market sales permit issued under this section shall be valid for a one-year period beginning on the date the commissioner issues such permit. The annual fee for each farmers' market sales permit shall be two hundred fifty dollars, and there shall be a nonrefundable one-hundred-dollar filing fee for each such permit.

(c) Any town or municipality may, by ordinance or zoning regulation, prohibit the sale of products manufactured by the holders of farmers' market sales permits issued under this section at farmers' markets held in such town or municipality.

(P.A. 11-164, S. 2, 3; P.A. 17-90, S. 3; P.A. 19-24, S. 15; P.A. 23-50, S. 15.)

History: P.A. 11-164 effective July 1, 2011; P.A. 17-90 amended Subsec. (a) to increase number of appearances at farmers' market locations per year from 3 to 10, effective June 9, 2017; P.A. 19-24 amended Subsec. (a) by adding references to holder of manufacturer permit for wine, cider and mead and holder of manufacturer permit for beer and made conforming changes, effective July 1, 2020; P.A. 23-50 amended Subsec. (a) by adding reference to Sec. 30-16(a), designating provisions re duration of and fee for permit as new Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c), and made technical and conforming changes throughout, effective June 13, 2023.

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Sec. 30-37t. Festival permit. (a) For the purposes of this section:

(1) “Eligible manufacturer” means the holder of a manufacturer permit for (A) spirits issued under subsection (a) of section 30-16, (B) beer issued under subsection (b) of section 30-16, (C) a farm winery issued under subsection (c) of section 30-16, or (D) wine, cider and mead issued under subsection (d) of section 30-16; and

(2) “Festival sponsor” means an entity (A) operating on a nonprofit basis in this state, including, but not limited to, (i) an association, or a subsidiary of an association, that promotes manufacturing and selling alcoholic liquor in this state, (ii) a civic organization operating in this state, and (iii) a municipality in this state, or (B) operating on a for-profit basis in this state that (i) is registered with the Secretary of the State to do business in this state, and (ii) does not hold any other permit issued under this chapter.

(b) A festival permit shall allow a festival sponsor to organize and sponsor a festival in this state in accordance with the provisions of this section by inviting eligible manufacturers to participate in such festival. Each festival permit issued by the Commissioner of Consumer Protection under this section shall be effective for not more than four consecutive days, and shall allow the festival sponsor to hold the festival on the days and times permitted under subsection (j) of section 30-91. The fee for a festival permit issued to a festival sponsor under this section shall be (1) seventy-five dollars if the festival sponsor is operating on a nonprofit basis in this state, or (2) two hundred seventy-five dollars if the festival sponsor is operating on a for-profit basis in this state.

(c) The commissioner shall not issue a festival permit under this section unless the festival sponsor has received all approvals required under local fire and zoning regulations.

(d) The festival sponsor shall disclose to each person who purchases admission to the festival, at the time such person purchases such admission, any and all restrictions or limitations of such admission, including, but not limited to, the maximum number of glasses or other receptacles suitable to permit the consumption of alcoholic liquor such person is entitled to receive by virtue of purchasing such admission.

(e) Any municipality may, by ordinance or zoning regulation, prohibit festivals in such municipality.

(f) Any eligible manufacturer may participate in a festival organized and sponsored by a festival sponsor that invites such eligible manufacturer to participate in such festival.

(g) Each participating eligible manufacturer may, during the festival and for the alcoholic liquor such participating eligible manufacturer has manufactured:

(1) Offer to festival visitors free or paid samples or tastings of alcoholic liquor for consumption on the festival premises, in accordance with the provisions of section 30-16;

(2) Sell and directly ship to festival visitors, if allowed under section 30-16, alcoholic liquor that such participating eligible manufacturer sells to festival visitors at such festival;

(3) Sell, at retail, for consumption off the festival premises and in accordance with the provisions of section 30-16, bottles and other sealed containers of alcoholic liquor; and

(4) Sell, at retail, alcoholic liquor by the glass or receptacle for consumption on the festival premises, provided each such glass or receptacle is embossed or otherwise permanently labeled with the name and date of the festival.

(h) No participating eligible manufacturer may give, offer or sell to any person or entity any alcoholic liquor that such participating eligible manufacturer has not manufactured.

(i) A municipality may, by ordinance or zoning regulation, require festival sponsors to ensure that:

(1) Restrooms, or enclosed portable toilets, are available either on or near the festival premises; and

(2) Food is available to festival visitors for consumption on the festival premises during all operating hours, provided no such ordinance or zoning regulation shall require that food be purchased with an alcoholic beverage.

(j) Festival sponsors shall be exempt from the requirements to affix and maintain a placard, as provided in subdivision (3) of subsection (b) of section 30-39. The provisions of subsection (c) of section 30-39 shall not apply to festival permits.

(P.A. 22-56, S. 1; P.A. 23-50, S. 16.)

History: P.A. 22-56 effective May 23, 2022; P.A. 23-50 amended Subsec. (a)(2) by redefining “festival sponsor”, Subsec. (b) by specifying that existing $75 fee applies to festival sponsor operating on nonprofit basis in this state and establishing new $275 fee for festival sponsor operating on for-profit basis in this state, Subsec. (g) by deleting former Subdiv. (2) re exception for holder of out-of-state shipper's permit for beer and redesignating existing Subdiv. (2)(A) to (2)(C) as Subdivs. (2) to (4), and made technical and conforming changes in Subsecs. (a)(2), (b) and (g)(1), effective June 13, 2023.

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Sec. 30-37u. Temporary auction permit. Regulations. (a) For the purposes of this section:

(1) “Auctioneer” means any person who (A) regularly provides professional services by auctioning items for sale, and (B) does not hold any other permit issued under this chapter; and

(2) “Individual collector” means any person who is not (A) a backer or permittee, (B) an employee of a backer, or (C) a director or officer of a backer.

(b) A temporary auction permit issued under this section shall allow the sale of beer, spirits and wine obtained from one or more individual collectors, holders of package store permits issued under section 30-20 or holders of cancelled restaurant permits issued under section 30-22 or cancelled cafe permits issued under section 30-22a through an auction conducted by an auctioneer. Such auction may be conducted, in person or online, only during the hours specified in subsection (d) of section 30-91.

(c) To obtain a temporary auction permit under this section, an auctioneer shall submit an application to the department, in a form and manner prescribed by the department, at least sixty days before the first day of the auction to be conducted under such permit. The auctioneer applicant shall serve as the backer of such permit. Each such permit shall be valid for one auction and shall be effective for a period not to exceed three consecutive days in duration. The department may issue not more than four temporary auction permits to an auctioneer in any calendar year. The provisions of subdivision (3) of subsection (b) and subsection (c) of section 30-39 shall not apply to temporary auction permits issued under this section. The fee for a temporary auction permit shall be one hundred seventy-five dollars per day.

(d) The auctioneer shall obtain all beer, spirits and wine that are the subject of an auction conducted under a temporary auction permit issued under this section from one or more individual collectors, holders of package store permits issued under section 30-20 or holders of cancelled restaurant permits issued under section 30-22 or cancelled cafe permits issued under section 30-22a. The auctioneer shall only accept beer, spirits or wine that (1) was lawfully acquired by (A) an individual collector, or (B) the holder of a package store permit issued under section 30-20, cancelled restaurant permit issued under section 30-22 or cancelled cafe permit issued under section 30-22a who purchased such beer, spirits or wine from the holder of a wholesaler permit issued under section 30-17, and (2) bears an intact seal from the manufacturer of such beer, spirits or wine. An individual collector may sell or consign such beer, spirits or wine to the auctioneer. The holder of a package store permit issued under section 30-20 may sell or consign such beer, spirits or wine to the auctioneer, provided the starting bid for such beer, spirits or wine is in an amount that is not less than the amount required under section 30-68m. The holder of a cancelled restaurant permit issued under section 30-22 or a cancelled cafe permit issued under section 30-22a may sell or consign such beer, spirits or wine to the auctioneer. All unsold consigned beer, spirits or wine shall be returned to the individual collector, holder of the package store permit issued under section 30-20, holder of the cancelled restaurant permit issued under section 30-22 or holder of the cancelled cafe permit issued under section 30-22a not later than ten days after the final day of such auction.

(e) Except as provided in subsection (d) of this section, all beer, spirits and wine sold at an auction conducted pursuant to a temporary auction permit issued under this section is exempt from the requirements of sections 30-63 and 30-68m. Except for unsold consigned beer, spirits or wine that an auctioneer returns to the holder of a package store permit issued under section 30-20, no such beer, spirits or wine may be resold, offered for sale or otherwise used on the permit premises of any other permittee operating, or the backer of any other permit issued, under this chapter.

(f) A holder of a temporary auction permit issued under this section may offer free samples of any beer, spirits or wine to be sold at auction for tasting, provided the holder sends a notice to the department, at least thirty days before the first day of such auction and in a form and manner prescribed by the department, disclosing that the holder intends to offer such free samples for tasting. Any tasting shall be conducted only during the hours in which the holder of a temporary auction permit issued under this section is authorized to sell alcoholic liquor under subsection (d) of section 30-91. No tasting shall be offered to any minor or intoxicated person, or from more than ten uncorked or open cans or bottles at any one time. Any town or municipality may, by ordinance or zoning regulation, prohibit the offering of such free samples by the holders of temporary auction permits issued under this section at events or functions held in such town or municipality.

(g) A temporary auction permit issued under this section shall allow for the delivery and shipment of any beer, spirits or wine sold at an auction conducted pursuant to such permit directly to the consumer who purchased such beer, spirits or wine. Any shipment to a consumer outside of this state is subject to all applicable laws of the jurisdiction in which such consumer is located. When shipping such beer, spirits or wine directly to a consumer in this state, the holder of such permit shall: (1) Ensure that the shipping label on each container containing such beer, spirits or wine states the following: “CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY”; (2) obtain the signature of a person who is at least twenty-one years of age at the delivery address prior to delivery, after requiring such person to demonstrate that such person is at least twenty-one years of age by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h; (3) not ship such beer, spirits or wine to any address in this state where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9; and (4) make any such shipment through the use of a person who holds an in-state transporter's permit issued under section 30-19f.

(h) The department may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(P.A. 23-50, S. 5.)

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Sec. 30-39. Applications for permits, renewals. Fees. Publication, remonstrance, hearing. Prohibited conduct by third parties, hearing, penalties. (a) For the purposes of this section, the “filing date” of an application means the date upon which the department, after approving the application for processing, mails or otherwise delivers to the applicant a placard containing such date.

(b) (1) Any person desiring a liquor permit or a renewal of such a permit shall make an affirmed application therefor to the Department of Consumer Protection, upon forms to be furnished by the department, showing the name and address of the applicant and of the applicant's backer, if any, the location of the club or place of business which is to be operated under such permit and a financial statement setting forth all elements and details of any business transactions connected with the application. Such application shall include a detailed description of the type of live entertainment that is to be provided. A club or place of business shall be exempt from providing such detailed description if the club or place of business (A) was issued a liquor permit prior to October 1, 1993, and (B) has not altered the type of entertainment provided. The application shall also indicate any crimes of which the applicant or the applicant's backer may have been convicted. Applicants shall submit documents, only upon initial application, sufficient to establish that state and local building, fire and zoning requirements and local ordinances concerning hours and days of sale will be met, except that local building and zoning requirements and local ordinances concerning hours and days of sale shall not apply to a cafe permit issued under subsection (d) or (h) of section 30-22a. The State Fire Marshal or the marshal's certified designee shall be responsible for approving compliance with the State Fire Code at Bradley International Airport. Any person desiring a permit provided for in section 30-33b shall file a copy of such person's license with such application if such license was issued by the Department of Consumer Protection. The department may, at its discretion, conduct an investigation to determine whether a permit shall be issued to an applicant. Completion of an inspection pursuant to subsection (f) of section 29-305 shall not be deemed to constitute a precondition to renewal of a permit that is subject to subsection (f) of section 29-305.

(2) The applicant shall pay to the department a nonrefundable application fee, which fee shall be in addition to the fees prescribed in this chapter for the permit sought. An application fee shall not be charged for an application to renew a permit. The application fee shall be in the amount of ten dollars for the filing of each application for a permit by a nonprofit golf tournament permit under section 30-37g or a temporary liquor permit for a noncommercial entity under section 30-35; and in the amount of one hundred dollars for the filing of an initial application for all other permits. Any permit issued shall be valid only for the purposes and activities described in the application.

(3) The applicant, immediately after filing an application, shall give notice thereof, with the name and residence of the permittee, the type of permit applied for and the location of the place of business for which such permit is to be issued and the type of live entertainment to be provided, all in a form prescribed by the department, by publishing the same in a newspaper having a circulation in the town in which the place of business to be operated under such permit is to be located, at least once a week for two successive weeks, the first publication to be not more than seven days after the filing date of the application and the last publication not more than fourteen days after the filing date of the application. The applicant shall affix, and maintain in a legible condition upon the outer door of the building wherein such place of business is to be located and clearly visible from the public highway, the placard provided by the department, not later than the day following the receipt of the placard by the applicant. If such outer door of such premises is so far from the public highway that such placard is not clearly visible as provided, the department shall direct a suitable method to notify the public of such application. When an application is filed for any type of permit for a building that has not been constructed, such applicant shall erect and maintain in a legible condition a sign not less than six feet by four feet upon the site where such place of business is to be located, instead of such placard upon the outer door of the building. The sign shall set forth the type of permit applied for and the name of the proposed permittee, shall be clearly visible from the public highway and shall be so erected not later than the day following the receipt of the placard. Such applicant shall make a return to the department, under oath, of compliance with the foregoing requirements, in such form as the department may determine, but the department may require any additional proof of such compliance. Upon receipt of evidence of such compliance, the department may hold a hearing as to the suitability of the proposed location. The provisions of this subdivision shall not apply to applications for (A) airline permits issued under section 30-28a, (B) temporary liquor permits for noncommercial entities issued under section 30-35, (C) concession permits issued under section 30-33, (D) military permits issued under section 30-34, (E) cafe permits issued under subsection (h) of section 30-22a, (F) warehouse permits issued under section 30-32, (G) broker's permits issued under section 30-30, (H) out-of-state shipper's permits for alcoholic liquor issued under section 30-18, (I) out-of-state shipper's permits for beer issued under section 30-19, (J) coliseum permits issued under section 30-33a, (K) nonprofit golf tournament permits issued under section 30-37g, (L) Connecticut craft cafe permits issued under section 30-22d to permittees who held a manufacturer permit for a brew pub or a manufacturer permit for beer issued under subsection (b) of section 30-16 and a brew pub before July 1, 2020, (M) off-site farm winery sales and wine, cider and mead tasting permits issued under section 30-16a, (N) out-of-state retailer shipper's permits for wine issued under section 30-18a, (O) out-of-state winery shipper's permits for wine issued under section 30-18a, (P) in-state transporter's permits for alcoholic liquor issued under section 30-19f, including, but not limited to, boats operating under such permits, (Q) seasonal outdoor open-air permits issued under section 30-22e, (R) festival permits issued under section 30-37t, (S) temporary auction permits issued under section 30-37u, (T) outdoor open-air permits issued under section 30-22f, and (U) renewals of any permit described in subparagraphs (A) to (T), inclusive, of this subdivision, if applicable. The provisions of this subdivision regarding publication and placard display shall also be required of any applicant who seeks to amend the type of entertainment either upon filing of a renewal application or upon requesting permission of the department in a form that requires the approval of the municipal zoning official.

(4) In any case in which a permit has been issued to a partnership, if one or more of the partners dies or retires, the remaining partner or partners need not file a new application for the unexpired portion of the current permit, and no additional fee for such unexpired portion shall be required. Notice of any such change shall be given to the department and the permit shall be endorsed to show correct ownership. When any partnership changes by reason of the addition of one or more persons, a new application with new fees shall be required.

(c) Any ten persons who are at least eighteen years of age, and are residents of the town within which the business for which the permit or renewal thereof has been applied for, is intended to be operated, or, in the case of a manufacturer's or a wholesaler's permit, any ten persons who are at least eighteen years of age and are residents of the state, may file with the department, within three weeks from the last date of publication of notice made pursuant to subdivision (3) of subsection (b) of this section for an initial permit, and in the case of renewal of an existing permit, at least twenty-one days before the renewal date of such permit, a remonstrance containing any objection to the suitability of such applicant or proposed place of business, provided any such issue is not controlled by local zoning. Upon the filing of such remonstrance, the department, upon written application, shall hold a hearing and shall give such notice as it deems reasonable of the time and place at least five days before such hearing is had. The remonstrants shall designate one or more agents for service, who shall serve as the recipient or recipients of all notices issued by the department. At any time prior to the issuance of a decision by the department, a remonstrance may be withdrawn by the remonstrants or by such agent or agents acting on behalf of such remonstrants and the department may cancel the hearing or withdraw the case. The decision of the department on such application shall be final with respect to the remonstrance. The provisions of this subsection shall not apply to festival permits issued under section 30-37t.

(d) No new permit shall be issued until the foregoing provisions of subsections (a) and (b) of this section have been complied with. If no new permit is issued within twelve months of the filing date, as defined in subsection (a) of this section, the application may, in the discretion of the department, be deemed withdrawn and shall then be returned to the applicant. Six months' or seasonal permits may be renewed, provided the renewal application and fee shall be filed at least twenty-one days before the reopening of the business, there is no change in the permittee, ownership or type of permit, and the permittee or backer did not receive a rebate of the permit fee with respect to the permit issued for the previous year.

(e) The department may renew a permit that has expired if the applicant pays to the department a nonrefundable late fee pursuant to subsection (c) of section 21a-4, which fee shall be in addition to the fees prescribed in this chapter for the permit applied for. The provisions of this subsection shall not apply to one-day permits, to any permit which is the subject of administrative or court proceedings, or where otherwise provided by law.

(f) No person who assists an applicant, backer or permittee in submitting an application for a liquor permit shall submit, or cause to be submitted, any false statement in connection with such application, or engage in any conduct which delays or impedes the department in processing such application. A violation of this subsection shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b. The commissioner, after providing an opportunity for a hearing in accordance with chapter 54, may impose on any person who violates the provisions of this subsection a civil penalty in an amount not to exceed one thousand dollars per violation, and may order such person to pay restitution to the applicant, backer or permittee. All civil penalties paid, collected or recovered under this subsection shall be deposited in the consumer protection enforcement account established in section 21a-8a.

(1949 Rev., S. 4259; 1949, 1951, 1955, S. 2161d; 1961, P.A. 302; 1971, P.A. 206; P.A. 73-7; 73-543, S. 7, 14; 73-584; P.A. 74-10, S. 1, 2; 74-307, S. 6; P.A. 75-641, S. 10; 75-642, S. 3; P.A. 76-370, S. 3; P.A. 77-114, S. 1; 77-412; 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 79-404, S. 40, 45; P.A. 80-482, S. 4, 170, 191, 342, 343, 345, 348; P.A. 82-332, S. 4, 13; P.A. 83-152, S. 4; 83-514; P.A. 84-494, S. 5, 11; P.A. 85-380, S. 7, 12; P.A. 93-56; 93-83, S. 1; 93-139, S. 48; P.A. 95-29, S. 1–3; 95-195, S. 45, 83; P.A. 99-194, S. 24; P.A. 03-235, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-59, S. 1; P.A. 06-94, S. 2; P.A. 11-51, S. 202; P.A. 13-299, S. 84; P.A. 18-141, S. 2; P.A. 21-37, S. 86; P.A. 22-56, S. 2; 22-104, S. 17; P.A. 23-50, S. 17, 18.)

History: 1961 act provided procedure where permit is requested for building not yet constructed and excepted special club permits from notice requirement; 1971 act made hearings mandatory rather than discretionary; P.A. 73-7 required that sign denoting application for permit be erected not later than the day following receipt of placard rather than not later than the day following the date of application, deleted requirement that hearing be held in the town where the business is to be located and allowed renewal of six months' or seasonal permits if permittee or backer did not receive a fee rebate for the permit issued for the previous year; P.A. 73-543 included airline permits in exception to provision requiring publication of notice of application; P.A. 73-584 required that applicant pay nonrefundable application fee for initial applications and applications to permanently substitute the identity of the permittee; P.A. 74-10 divided section into Subsecs. and exempted charitable organization permits and temporary permits from provision requiring payment of nonrefundable application fee; P.A. 74-307 divided Subsec. (a) into Subdivs. (1) and (2), required that person seeking permits under Sec. 30-33b file a copy of his license with the application, moved exemptions from notice requirements to end of Subsec. (a) and added exemptions for coliseum permits, coliseum concession permits, special sporting facility restaurant, employee recreational, guest, concession and bar permits; P.A. 75-641 added Subsec. (a)(3) re fees when permit is issued to a partnership; P.A. 75-642 required that initial and renewal permits for on-premise consumption require that applicant supply names of bartender employees in Subsec. (a)(1) and made failure to supply names a ground for revocation of permit in Subsec. (c); P.A. 76-370 removed exception for charitable organization or temporary permit application in provision requiring payment of nonrefundable fees under Subsec. (a)(1) and imposed a $10 fee for such permits; P.A. 77-114 deleted provision requiring payment of $30 fee for application to permanently substitute the identity of the permittee in Subsec. (a)(1); P.A. 77-412 made $10 application fee in Subsec. (a)(1) applicable to special club permits; P.A. 77-614 and P.A. 78-303 replaced liquor control commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 79-404 allowed alternative filing of copy of license issued by division of special revenue within the department of business regulation (formerly commission on special revenue) or gaming policy board with application for permit under Sec. 30-33b in Subsec. (a)(1); P.A. 80-482 made division of liquor control an independent department and abolished the department of business regulation, overriding provision of same act which would have placed the division within the public safety department and placed division of special revenue within the department of revenue services for administrative purposes following the abolition of business regulation department; P.A. 82-332 eliminated citizenship requirement and requirement that bartender's names be furnished to department, added requirement that statements be submitted relating to finances, convictions of crimes and compliance with local ordinances and provided that investigations are to be made at the discretion of the department; P.A. 83-152 amended Subdiv. (a)(1) by requiring that nonprofit public television corporations pay a $10 fee for an application; P.A. 83-514 added Subsec. (d) which allows the department to review a permit which has expired upon payment of a nonrefundable fee of $100; P.A. 84-494 amended Subsec. (a)(1) by exempting any class of airport permit from the provisions of local building and zoning requirements concerning hours and days of sale and by requiring the state fire marshal to approve compliance with the state fire code at Bradley International Airport; P.A. 85-380 amended Subsec. (a)(1) by adding nonprofit golf tournament permits to the number of charitable permits with a fee of $10; P.A. 93-56 required applicants for liquor permits, after October 1, 1993, to submit a detailed description of any live entertainment to be provided; P.A. 93-83 made technical changes, inserted new Subsec. (a) defining “filing date”, relettering remaining Subsecs. accordingly, and in Subsec. (c) specified the time period for residents to file a remonstrance in cases involving initial permits and permit renewals; P.A. 93-139 made technical changes; P.A. 95-29 amended Subsec. (b)(3) to include nonprofit golf tournament and nonprofit public television permits in the list of exempted permits and amended Subsec. (c) to require remonstrants to designate agents for service, effective May 16, 1995; P.A. 95-195 amended Subsec. (b)(1) to substitute Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 99-194 amended Subsec. (e) to change amount of nonrefundable late fee from $100 to the fee pursuant to Sec. 21a-4(c), that is the greater of 10% of renewal fee or $10; P.A. 03-235 amended Subsec. (b) by making technical changes for the purpose of gender neutrality in Subdiv. (1) and adding provision in Subdiv. (3) re applicability of publication and placard display requirements to renewal applications involving amendment of entertainment type; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-59 amended Subsec. (c) to change the deadline for the filing of a remonstrance from within three weeks from the filing date of the application to within three weeks from the last date of publication of notice, effective June 2, 2005; P.A. 06-94 amended Subsec. (c) by specifying that persons who are at least 18 years of age and are residents may file remonstrance, by making a technical change and by adding provision re withdrawal of remonstrance; P.A. 11-51 amended Subsec. (b)(1) by deleting “from the Division of Special Revenue or the Gaming Policy Board” and adding “if such license was issued by the Gaming Policy Board”, effective July 1, 2011; P.A. 13-299 amended Subsec. (b)(1) to replace “Gaming Policy Board” with “Department of Consumer Protection”, effective July 1, 2013; P.A. 18-141 amended Subsec. (b)(3) by adding provision re publication and placard display required of applicant who seeks to amend type of entertainment upon requesting permission from department in form that requires approval of municipal zoning official, effective June 11, 2018; P.A. 21-37 amended Subsec. (b)(1) by replacing “sworn” with “affirmed” re application and replacing airport permit with cafe permit issued under Sec. 30-22a(d), amended Subsec. (b)(3) by designating existing provisions as Subparas. (A) to (F), (H) to (M) and (O), deleting reference to railroad, boat and coliseum concession permits and various special sporting facility permits, adding Subpara. (G) re cafe permits and Subpara. (N) re Connecticut craft cafe permits, amended Subsec. (c) by adding “, provided any such issue is not controlled by local zoning” and amended Subsec. (d) by adding provision re if no new permit issued within 12 months of filing application being deemed withdrawn, effective June 4, 2021; P.A. 22-56 amended Subsec. (b) by adding references to Secs. 30-37b, 30-37d, 30-37g, 30-35 and 30-25 in Subdiv. (2), adding reference to Secs. 30-28a, 30-37b, 30-35, 30-25, 30-33, 30-34, 30-32 and 30-30 in Subdivs. (3)(A), (B), (C), (D), (E), (F), (H) and (I), respectively, dividing existing Subdiv. (3)(J) into new Subdivs. (3)(J) and (K), redesignating existing Subdivs. (3)(K) to (N) as new Subdivs. (3)(L) to (O), adding reference to Sec. 30-18 in new Subdiv. (3)(J), Sec. 30-19, 30-33a, 30-37g and 30-37d in new Subdiv. (3)(K), (L), (M) and (N), respectively, and Secs. 30-22d and 30-16(b) in new Subdiv. (3)(O), adding Subdiv. (3)(P) re festival permits issued under Sec. 30-37t and redesignating existing Subdiv. (3)(O) as new Subdiv. (3)(Q), amended Subsec. (c) by adding provision re festival permits issued under Sec. 30-37t, and made technical and conforming changes, effective May 23, 2022; P.A. 22-104 amended Subsec. (b) by adding reference to Sec. 30-22a(h) in Subdiv. (1), adding references to Secs. 30-37b, 30-37d, 30-37g, 30-35 and 30-25 in Subdiv. (2), adding reference to Sec. 30-28a, 30-37b, 30-35, 30-25, 30-33, 30-34, 30-32 and 30-30 in Subdiv. (3)(A), (B), (C), (D), (E), (F), (H) and (I), respectively, substituting reference to Sec. 30-22a(h) for reference to Secs. 30-22a(j) and (k) in Subdiv. (3)(G), dividing existing Subdiv. (3)(J) into new Subdivs. (3)(J) and (K), adding reference to Sec. 30-18 and 30-19 in new Subdiv. (3)(J) and (K), respectively, redesignating existing Subdivs. (3)(K) to (N) as new Subdivs. (3)(L) to (O), adding reference to Sec. 30-33a, 30-37g, 30-37d and 30-22d in Subdiv. (3)(L), (M), (N) and (O), respectively, adding Subdiv. (3)(P), (Q), (R), (S) and (T) re permit issued under Sec. 30-16a, 30-18a, 30-18a, 30-19f and 30-22e, respectively, redesignating existing Subdiv. (3)(O) as Subdiv. (3)(U), and made technical and conforming changes, effective May 24, 2022; P.A. 23-50 amended Subsec. (b)(2) by deleting references to Secs. 30-37b, 30-37d and 30-25, Subsec. (b)(3) by deleting reference to Sec. 30-37b in Subpara. (B), deleting former Subpara. (D) re special club permits issued under Sec. 30-25, redesignating existing Subparas. (E) to (M) as Subparas. (C) to (K), deleting former Subpara. (N) re nonprofit public television corporation permits issued under Sec. 30-37d and redesignating existing Subparas. (O) to (U) as Subparas. (L) to (R), added Subsec. (f) re false statements and dilatory conduct by third parties, and made technical and conforming changes in Subsecs. (b)(2) and (b)(3)(B), effective July 1, 2023, and amended Subsec. (b)(1) by adding provisions re submission of documents only upon initial application and specifying that completion of inspection pursuant to Sec. 29-305(f) shall not be deemed to constitute precondition to renewal of permit subject to said Sec. 29-305(f), Subsec. (b)(3) by adding Subpara. (S) re temporary auction permits issued under Sec. 30-37u, adding Subpara. (T) re outdoor open-air permits issued under Sec. 30-22f and redesignating existing Subpara. (S) as Subpara. (U), and made a conforming change in redesignated Subsec. (b)(3)(U), effective October 1, 2023.

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Sec. 30-48. Limitations of permits; exceptions. Loans. Period of credit. Resolution of credit disputes. Relationship of permittee to backer. (a) No backer or permittee of one permit class shall be a backer or permittee of any other permit class except in the case of airline permits issued under section 30-28a, boats operating under in-state transporter's permits issued under section 30-19f, and cafe permits issued under subsections (d) and (h) of section 30-22a, except that: (1) A backer of a hotel permit issued under section 30-21 or a restaurant permit issued under section 30-22 may be a backer of both such classes; (2) a holder or backer of a restaurant permit issued under section 30-22 or a cafe permit issued under subsection (a) of section 30-22a may be a holder or backer of any other or all of such classes; (3) a holder or backer of a restaurant permit issued under section 30-22 may be a holder or backer of a cafe permit issued under subsection (f) of section 30-22a; (4) a backer of a restaurant permit issued under section 30-22 may be a backer of a coliseum permit issued under section 30-33a when such restaurant is within a coliseum; (5) a backer of a hotel permit issued under section 30-21 may be a backer of a coliseum permit issued under section 30-33a; (6) a backer of a grocery store beer permit issued under subsection (c) of section 30-20 may be (A) a backer of a package store permit issued under subsection (b) of section 30-20 if such was the case on or before May 1, 1996, and (B) a backer of a restaurant permit issued under section 30-22, provided the restaurant permit premises do not abut or share the same space as the grocery store beer permit premises; (7) a backer of a cafe permit issued under subsection (j) of section 30-22a, may be a backer of a nonprofit theater permit issued under section 30-35a; (8) a backer of a nonprofit theater permit issued under section 30-35a may be a holder or backer of a hotel permit issued under section 30-21 or a coliseum permit issued under section 30-33a; (9) a backer of a concession permit issued under section 30-33 may be a backer of a coliseum permit issued under section 30-33a; (10) a holder of an out-of-state winery shipper's permit for wine issued under section 30-18a may be a holder of an in-state transporter's permit issued under section 30-19f; (11) a holder of an out-of-state shipper's permit for alcoholic liquor issued under section 30-18 or an out-of-state winery shipper's permit for wine issued under section 30-18a may be a holder of an in-state transporter's permit issued under section 30-19f; (12) a holder of a manufacturer permit for a farm winery issued under subsection (c) of section 30-16 or a manufacturer permit for wine, cider and mead issued under subsection (d) of section 30-16 may be a holder of an in-state transporter's permit issued under section 30-19f, an off-site farm winery sales and tasting permit issued under section 30-16a or any combination of such permits; (13) the holder of a manufacturer permit for spirits, beer, a farm winery or wine, cider and mead, issued under subsection (a), (b), (c) or (d), respectively, of section 30-16 may be a holder of a Connecticut craft cafe permit issued under section 30-22d, a restaurant permit or a restaurant permit for wine and beer issued under section 30-22 or a farmers' market sales permit issued under section 30-37o; (14) the holder of a restaurant permit issued under section 30-22, a cafe permit issued under section 30-22a, or an in-state transporter's permit issued under section 30-19f, may be the holder of a seasonal outdoor open-air permit issued under section 30-22e or an outdoor open-air permit issued under section 30-22f; and (15) the holder of a festival permit issued under section 30-37t may be the holder or backer of one or more of such other classes. Any person may be a permittee of more than one permit. No holder of a manufacturer permit for beer issued under subsection (b) of section 30-16 and no spouse or child of such holder may be a holder or backer of more than three restaurant permits issued under section 30-22 or cafe permits issued under section 30-22a.

(b) No permittee or backer thereof and no employee or agent of such permittee or backer shall borrow money or receive credit in any form for a period in excess of thirty days, directly or indirectly, from any manufacturer permittee, or backer thereof, or from any wholesaler permittee, or backer thereof, of alcoholic liquor or from any member of the family of such manufacturer permittee or backer thereof or from any stockholder in a corporation manufacturing or wholesaling such liquor, and no manufacturer permittee or backer thereof or wholesaler permittee or backer thereof or member of the family of either of such permittees or of any such backer, and no stockholder of a corporation manufacturing or wholesaling such liquor shall lend money or otherwise extend credit, directly or indirectly, to any such permittee or backer thereof or to the employee or agent of any such permittee or backer. A wholesaler permittee or backer, or a manufacturer permittee or backer, that has not received payment in full from a retailer permittee or backer within thirty days after the date such credit was extended to such retailer or backer or to an employee or agent of any such retailer or backer, shall give a written notice of obligation to such retailer within the five days following the expiration of the thirty-day period of credit. The notice of obligation shall state: The amount due; the date credit was extended; the date the thirty-day period ended; and that the retailer is in violation of this section. A retailer who disputes the accuracy of the “notice of obligation” shall, within the ten days following the expiration of the thirty-day period of credit, give a written response to notice of obligation to the department and give a copy to the wholesaler or manufacturer who sent the notice. The response shall state the retailer's basis for dispute and the amount, if any, admitted to be owed for more than thirty days; the copy forwarded to the wholesaler or manufacturer shall be accompanied by the amount admitted to be due, if any, and such payment shall be made and received without prejudice to the rights of either party in any civil action. Upon receipt of the retailer's response, the chairman of the commission or such chairman's designee shall conduct an informal hearing with the parties being given equal opportunity to appear and be heard. If the chairman or such chairman's designee determines that the notice of obligation is accurate, the department shall forthwith issue an order directing the wholesaler or manufacturer to promptly give all manufacturers and wholesalers engaged in the business of selling alcoholic liquor to retailers in this state, a “notice of delinquency”. The notice of delinquency shall identify the delinquent retailer, and state the amount due and the date of the expiration of the thirty-day credit period. No wholesaler or manufacturer receiving a notice of delinquency shall extend credit by the sale of alcoholic liquor or otherwise to such delinquent retailer until after the manufacturer or wholesaler has received a “notice of satisfaction” from the sender of the notice of delinquency. If the chairman or such chairman's designee determines that the notice of obligation is inaccurate, the department shall forthwith issue an order prohibiting a notice of delinquency. The party for whom the determination by the chairman or such chairman's designee was adverse, shall promptly pay to the department a part of the cost of the proceedings as determined by the chairman or such chairman's designee, which shall not be less than fifty dollars. The department may suspend or revoke the permit of any permittee who, in bad faith, gives an incorrect notice of obligation, an incorrect response to notice of obligation, or an unauthorized notice of delinquency. If the department does not receive a response to the notice of obligation within such ten-day period, the delinquency shall be deemed to be admitted and the wholesaler or manufacturer who sent the notice of obligation shall, within the three days following the expiration of such ten-day period, give a notice of delinquency to the department and to all wholesalers and manufacturers engaged in the business of selling alcoholic liquor to retailers in this state. A notice of delinquency identifying a retailer who does not file a response within such ten-day period shall have the same effect as a notice of delinquency given by order of the chairman or such chairman's designee. A wholesaler permittee or manufacturer permittee that has given a notice of delinquency and that receives full payment for the credit extended, shall, within three days after the date of full payment, give a notice of satisfaction to the department and to all wholesalers and manufacturers to whom a notice of delinquency was sent. The prohibition against extension of credit to such retailer shall be void upon such full payment. The department may revoke or suspend any permit for a violation of this section. An appeal from an order of revocation or suspension issued in accordance with this section may be taken in accordance with section 30-60.

(c) If there is a proposed change or change in ownership of a retail permit premises, no application for a permit shall be approved until the applicant files with the department an affidavit executed by the seller of the retail permit premises stating that all obligations of the predecessor permittee for the purchase of alcoholic liquor at such permit premises have been paid or that such applicant did not receive direct or indirect consideration from the predecessor permittee. The commissioner may waive the requirement of such seller's affidavit upon finding that (1) the predecessor permittee abandoned the premises prior to the filing of the application, and (2) such permittee did not receive any consideration, direct or indirect, for such permittee's abandonment. For the purposes of this subsection, “consideration” means the receipt of legal tender or goods or services for the purchase of alcoholic liquor remaining on the premises of the predecessor permittee, for which bills remain unpaid.

(d) A permittee may file a designation of an authorized agent with the department to issue or receive all notices or documents provided for in this section. The permittee shall be responsible for the issuance or receipt of such notices or documents by the agent.

(e) The period of credit permitted under this section shall be calculated as the time elapsing between the date of receipt of the alcoholic liquors by the purchaser and the date of full legal discharge of the purchaser through the payment of cash or its equivalent from all indebtedness arising from the transaction except that, if the last day for payment falls on a Saturday, Sunday or legal holiday, the last day for payment shall then be the next business day.

(f) A permittee shall be a director, employee, member, officer, partner or shareholder of the backer. For the purposes of this subsection, “employee” means an individual whose (1) manner and means of work performance are subject to the right of control of, or are controlled by, the backer, and (2) compensation is reported, or required to be reported, on a federal Form W-2 issued by, or caused to be issued by, the backer.

(1949, Rev., S. 4266; 1969, P.A. 150, S. 1; 1972, P.A. 143; P.A. 73-533, S. 6; 73-543, S. 9, 14; P.A. 74-307, S. 9; P.A. 75-598, S. 4; 75-641, S. 13; P.A. 77-132, S. 1, 2; 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 79-404, S. 41, 45; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 82-32, S. 1, 2; 82-332, S. 5, 13; P.A. 84-494, S. 8, 11; P.A. 85-380, S. 3, 12; P.A. 93-139, S. 51; P.A. 95-161, S. 5; 95-195, S. 51, 83; P.A. 96-7, S. 3, 5; 96-220, S. 5, 7; P.A. 97-66; P.A. 98-164, S. 1; P.A. 03-34, S. 1; P.A. 04-9, S. 2; 04-31, S. 1; P.A. 05-274, S. 5; P.A. 09-47, S. 5; P.A. 11-164, S. 4; P.A. 13-299, S. 85; P.A. 14-189, S. 2; P.A. 15-30, S. 1; P.A. 17-160, S. 4; P.A. 19-24, S. 16; P.A. 21-37, S. 68; 21-50, S. 8; P.A. 22-56, S. 4; 22-70, S. 13; 22-104, S. 19; P.A. 23-50, S. 19, 20.)

History: 1969 act permitted backer of hotel or restaurant permit to be a backer “in both such classes”; 1972 act permitted backer of restaurant or cafe permit to be backer of both such classes; P.A. 73-533 added provisions re backers of coliseum concession permits; P.A. 73-543 allowed backer or permittee of airline permit to be backer or permittee in other classes; P.A. 74-307 added provisions re backers of special sporting facility permits, allowed permittees to have more than one permit where commission determines that location of permits will allow for sufficient supervision, etc. and allowed operators of racing or jai alai exhibitions to back permits; P.A. 75-598 allowed backer or permittee of night club permit to be backer or permittee in other classes; P.A. 75-641 required that appeals be taken in accordance with Sec. 30-60 rather than Sec. 30-55; P.A. 77-132 allowed backer of university permit to be backer of nonprofit theater permit; P.A. 77-614 and P.A. 78-303 replaced liquor control commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 79-404 replaced commission on special revenue with gaming policy board in provision re licensing of racing or jai alai exhibition; P.A. 80-482 made division of liquor control an independent department and abolished the department of business regulation, overriding provision of same act which would have placed the division within the public safety department; P.A. 82-32 permitted a person who is a holder or backer of a restaurant permit to be a holder or backer of a bowling establishment permit; P.A. 82-332 divided section into Subsecs., eliminated provision in Subsec. (a) concerning supervision and responsibility by permittees, established dispute resolution process for 30-day credit violations and made suspension of license for violation optional rather than mandatory; P.A. 84-494 amended Subsec. (a) by allowing backers or permittees of one class of permit to be a backer or permittee of any class of airport permit; P.A. 85-380 amended Subsec. (a) by eliminating reference to night club permits; P.A. 93-139 made technical changes; P.A. 95-161 amended Subsec. (a) to permit the holder or backer of a restaurant permit to be a holder or backer of a special outing facility permit; P.A. 95-195 amended Subsec. (a) by substituting Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 96-7 amended Subsec. (a) to permit a backer of a nonprofit theater permit to be a holder or backer of a hotel permit, effective April 2, 1996; P.A. 96-220 amended Subsec. (a) to permit the backer of a grocery store beer permit to be a backer of a package store permit if such was the case on or before May 1, 1996, effective June 4, 1996; P.A. 97-66 amended Subsec. (a) to authorize a holder or backer of a manufacturer permit for a brew pub, restaurant permit or cafe permit to be a holder or backer of any other or all of such classes, to provide that no holder of a manufacturer permit for a brew pub and no spouse or child of such holder may be a holder or backer of more than three restaurant permits or cafe permits, and to make technical changes; P.A. 98-164 added Subsec. (a)(13) authorizing backers of concession permits to be backers of coliseum permits and coliseum concession permits; P.A. 03-34 made technical changes for the purpose of gender neutrality in Subsec. (b), and amended Subsec. (c) to delete predecessor permittee or backer affidavit requirement, add applicant affidavit requirement, delete department finding exception re predecessor abandonment, add applicant affidavit language re nonreceipt of consideration, add provisions re wholesaler permittee affidavit and re commissioner's hearing and define “consideration”; P.A. 04-9 amended Subsec. (c) by making technical changes (Revisor's note: In 2005, a reference to “Commissioner of Agriculture and Consumer Protection” was changed editorially by the Revisors to “Commissioner of Consumer Protection” to reflect the repeal of the merger of the Departments of Agriculture and Consumer Protection by P.A. 04-189); P.A. 04-31 amended Subsec. (c) to require the filing of an affidavit executed by the seller of the retail permit premises, and to authorize the commissioner to waive the requirement of such seller's affidavit if the predecessor permittee abandoned the premises prior to the filing of the application, and the permittee did not receive any consideration, direct or indirect, for such permittee's abandonment; P.A. 05-274 added Subsec. (a)(14) to (16) re authorization for holders of an out-of-state winery shipper's permit, an out-of-state shipper's permit for alcoholic liquor other than beer or a manufacturer's permit for a farm winery to also hold an in-state transporter's permit, effective July 13, 2005; P.A. 09-47 added reference to out-of-state entity wine festival permit in Subsec. (a)(14) and wine festival permit in Subsec. (a)(16), effective May 20, 2009; P.A. 11-164 amended Subsec. (a)(16) by adding exemption re farmers' market wine sales permit or combination of permits and making technical changes, effective July 1, 2011; P.A. 13-299 amended Subsec. (a) to replace “Gaming Policy Board” with “Department of Consumer Protection”, effective July 1, 2013; P.A. 14-189 amended Subsec. (a)(16) by making a technical change and adding reference to off-site farm winery sales and tasting permit issued pursuant to Sec. 30-16a, effective July 1, 2014; P.A. 15-30 amended Subsec. (a) by adding Subdiv. (17) re holder of manufacturer permit for beer, manufacturer permit for brew pub or manufacturer permit for beer and brew pub also holding farmers' market beer sales permit, effective June 4, 2015; P.A. 17-160 amended Subsec. (a)(17) to add “or manufacturer permit for a farm brewery”, and make technical changes, effective July 7, 2017; P.A. 19-24 amended Subsec. (a) by deleting reference to manufacturer permit for brew pub in Subdiv. (2), deleting Subdiv. (10) re backer of retail on-premise consumption permit, redesignating Subdivs. (11) to (17) as Subdivs. (10) to (16), adding reference to holder of manufacturer permit for wine, cider and mead and making a conforming change in redesignated Subdiv. (15), deleting references to manufacturer permit for brew pub, manufacturer permit for beer and brew pub and manufacturer permit for farm brewery, replacing “30-37r” with “30-37o”, deleting provision re authorization for person to be permittee and backer of other retail on-premise consumption permit, and deleting provision re operator of racing or jai alai exhibition authorization to be a backer in redesignated Subdiv. (16), adding new Subdiv. (17) re authorization to be a holder of certain permits, and made technical and conforming changes, effective July 1, 2020; P.A. 21-37 amended Subsec. (a) by changing reference from “airport, railroad, airline and boat permits” to “cafe permits” under Secs. 30-22a(d), (j) or (k), by adding reference to Sec. 30-22a(a) in Subdiv. (2), by changing “bowling establishment permit” to “cafe permit” under Sec. 30-22a(f) in Subdiv. (3), by deleting references to “coliseum concession permit” in Subdivs. (4), (5) and (9), deleting former Subdivs. (6) and (7) re coliseum concession permits and former Subdiv. (11) re special outing facility permits, redesignating existing Subdivs. (8) to (15) as Subdivs. (6) to (12), by changing reference from “university permit” to “cafe permit” under Sec. 30-22a(m) in new Subdiv. (7), by adding reference to coliseum permit in new Subdiv. (8), adding new Subdiv. (15) re seasonal outdoor open-air permits and by making a technical change and amended Subsec. (c) by deleting provision re wholesaler permittee alleging applicant received consideration from predecessor permittee or outstanding obligations and commissioner determining whether hearing warranted, effective June 4, 2021; P.A. 21-50 amended Subsec.(a)(8), codified by the Revisors as Subsec. (a)(6), by designating existing provision as Subpara. (A) and adding Subpara. (B) re permitting backer of grocery store beer permit to be a backer of a restaurant permit, effective July 1, 2021; P.A. 22-56 amended Subsec. (a) by adding references to Secs. 30-21 and 30-22 in Subdiv. (1), Sec. 30-22 in Subdivs. (2) and (3), Secs. 30-22 and 30-33a in Subdiv. (4), Secs. 30-21 and 30-33a in Subdiv. (5), Sec. 30-20(b) in Subdiv. (6), Sec. 30-20(a) in Subdiv. (6)(A), Sec. 30-22 in Subdiv. (6)(B), Sec. 30-35a in Subdiv. (7), Secs. 30-35a, 30-21 and 30-33a in Subdiv. (8), Secs. 30-33 and 30-33a in Subdiv. (9), Secs. 30-18a and 30-19f in Subdiv. (10), Sec. 30-18, out-of-state winery shipper's permits for wine issued under Sec. 30-18a and Sec. 30-19f in Subdiv. (11), Secs. 30-16(c) and (d) and 30-19f in Subdiv. (12), Secs. 30-16(b) and 30-37o(a) in Subdiv. (13), Secs. 30-16(a) to (d), 30-22d and 30-22 in Subdiv. (14) and Secs. 30-22 and 30-22a in Subdiv. (15), deleting references to out-of-state entity wine festival permits issued pursuant to Sec. 30-37m in Subdiv. (10) and wine festival permits issued pursuant to Sec. 30-37l in Subdiv. (12), adding Subdiv. (16) re holders of festival permits issued under Sec. 30-37t and references to Secs. 30-22 and 30-22a, and making technical and conforming changes, effective May 23, 2022; P.A. 22-70 made a technical change in Subsec. (b); P.A. 22-104 amended Subsec. (a) by adding references to airline permits issued under Sec. 30-28a and boats operating under in-state transporter's permits issued under Sec. 30-19f and substituting reference to Secs. 30-22a(d) and (h) for reference to Secs. 30-22a(d), (j) and (k), adding references to Secs. 30-21 and 30-22 in Subdiv. (1), Sec. 30-22 in Subdivs. (2) and (3), Secs. 30-22 and 30-33a in Subdiv. (4), Secs. 30-21 and 30-33a in Subdiv. (5), Sec. 30-20(c) in Subdiv. (6), Sec. 30-20(b) in Subdiv. (6)(A), Sec. 30-22 in Subdiv. (6)(B), Sec. 30-35a in Subdiv. (7), Secs. 30-35a, 30-21 and 30-33a in Subdiv. (8), Secs. 30-33 and 30-33a in Subdiv. (9), Secs. 30-18a and 30-19f in Subdiv. (10), Sec. 30-18, out-of-state winery shipper's permits for wine issued under Sec. 30-18a and Sec. 30-19f in Subdiv. (11), Secs. 30-16(c) and (d) and 30-19f in Subdiv. (12), Secs. 30-16(b) and 30-37o(a) in Subdiv. (13), Secs. 30-16(a) to (d), 30-22d and 30-22 in Subdiv. (14) and Secs. 30-22, 30-22a and in-state transporter's permits issued under Sec. 30-19f in Subdiv. (15), substituting reference to Sec. 30-22a(j) for reference to Sec. 30-22a(m) in Subdiv. (7), substituting reference to manufacturer permit for beer issued under Sec. 30-16(b) for reference to manufacturer permit for brew pub, adding references to Secs. 30-22 and 30-22a, and making technical and conforming changes, effective May 24, 2022; P.A. 23-50 amended Subsec. (a)(12) by deleting provision re farmers' market sales permit issued under Sec. 30-37o(a), deleted Subsec. (a)(13) re holders of manufacturer permits for beer issued under Sec. 30-16(b) and farmers' market sales permits issued under Sec. 30-37o(a), redesignated Subsec. (a)(14) as Subsec. (a)(13) and amended same by adding provision re farmers' market sales permit issued under Sec. 30-37o and designating existing provisions re holders of restaurant permits issued under Sec. 30-22, cafe permits issued under Sec. 30-22a, in-state transporter's permits issued under Sec. 30-19f and seasonal outdoor open-air permits issued under Sec. 30-22e as Subsec. (a)(14), redesignated Subsec. (a)(16) as Subsec. (a)(15) and added Subsec. (f) re required relationship between permittee and backer, effective June 13, 2023, and amended existing Subsec. (a)(14) by adding provision re outdoor open-air permit issued under Sec. 30-22f, effective October 1, 2023.

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PART VII

PROHIBITED ACTS, PENALTIES AND PROCEDURE

Sec. 30-76a. Sale to person holding temporary liquor permit for a noncommercial entity. Prohibition. Exception. A wholesaler permittee shall not sell alcoholic liquor to any person holding a temporary liquor permit for a noncommercial entity issued under section 30-35. The holder of a temporary liquor permit for a noncommercial entity issued under section 30-35 shall purchase alcoholic liquor only from permittees holding package store permits issued under subsection (b) of section 30-20. The provisions of this section shall not apply to the sale of beer in kegs or donations of any beer, spirits or wine to which a wholesaler permittee holds distribution rights.

(P.A. 81-294, S. 4, 22; P.A. 83-152, S. 6; P.A. 85-380, S. 9, 12; P.A. 89-155, S. 3, 4; P.A. 22-56, S. 8; P.A. 23-50, S. 21.)

History: P.A. 83-152 included nonprofit public television corporation permits within the meaning of charitable organization permits; P.A. 85-380 prohibited wholesaler permittees from selling liquor to holders of nonprofit golf tournament permits; P.A. 89-115 excluded nonprofit golf tournament permits from the operation of this section, where previously such permits were included; P.A. 22-56 added references to Secs. 30-35, 30-37d, 30-37g and 30-20(a), and made technical changes, effective May 23, 2022 (Revisor's note: A reference to “subsection (a) of section 30-20” was changed editorially by the Revisors to “subsection (b) of section 30-20” to conform with changes made by P.A. 22-104, S. 4); P.A. 23-50 substituted reference to person holding temporary liquor permit for a noncommercial entity issued under Sec. 30-35 for reference to person holding temporary permit for outings, picnics or special gatherings, deleted references to charitable organization permits, nonprofit public television corporation permit issued under Sec. 30-37d and nonprofit golf tournament permit issued under Sec. 30-37g, added provision re donations of beer, spirits or wine to which a wholesaler permittee holds distribution rights, and made technical and conforming changes, effective July 1, 2023.

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Sec. 30-91. Hours and days of closing. Exemption. (a) The sale, dispensing, consumption or presence in glasses or other receptacles suitable to allow for the consumption of alcoholic liquor by an individual in places operating under hotel permits issued under section 30-21, restaurant permits issued under section 30-22, cafe permits issued under section 30-22a, Connecticut craft cafe permits issued under section 30-22d, club permits issued under section 30-22aa, restaurant permits for catering establishments issued under section 30-22b, coliseum permits issued under section 30-33a, temporary liquor permits for noncommercial entities issued under section 30-35, nonprofit public museum permits issued under section 30-37a, manufacturer permits for beer, a farm winery or wine, cider and mead issued under subsection (b), (c) or (d), respectively, of section 30-16, casino permits issued under section 30-37k and caterer liquor permits issued under section 30-37j shall be unlawful on: (1) Monday, Tuesday, Wednesday, Thursday and Friday between the hours of one o'clock a.m. and nine o'clock a.m.; (2) Saturday between the hours of two o'clock a.m. and nine o'clock a.m.; (3) Sunday between the hours of two o'clock a.m. and ten o'clock a.m.; (4) Christmas, except (A) for alcoholic liquor that is served where food is also available during the hours otherwise permitted by this section for the day on which Christmas falls, and (B) by casino permittees at casinos, as defined in section 30-37k; and (5) January first between the hours of three o'clock a.m. and nine o'clock a.m., except that on any Sunday that is January first the prohibitions of this section shall be between the hours of three o'clock a.m. and ten o'clock a.m.

(b) Any town may, by vote of a town meeting or by ordinance, reduce the number of hours during which sales under subsection (a) of this section, except sales under a cafe permit issued under subsection (d) of section 30-22a, shall be permissible. In all cases when a town, either by vote of a town meeting or by ordinance, has acted on the sale of alcoholic liquor or the reduction of the number of hours when such sale is permissible, such action shall become effective on the first day of the month succeeding such action and no further action shall be taken until at least one year has elapsed since the previous action was taken.

(c) Notwithstanding any provisions of subsections (a) and (b) of this section, such sale, dispensing, consumption or presence in glasses in places operating under a cafe permit issued under subsection (f) of section 30-22a shall be unlawful before eleven o'clock a.m. on any day, except in that portion of the permit premises which is located in a separate room or rooms entry to which, from the bowling lane area of the establishment, is by means of a door or doors which shall remain closed at all times except to permit entrance and egress to and from the lane area. Any alcoholic liquor sold or dispensed in a place operating under a cafe permit issued under subsection (f) of section 30-22a shall be served in containers such as, but not limited to, plastic or glass. Any town may, by vote of a town meeting or by ordinance, reduce the number of hours during which sales under this subsection shall be permissible.

(d) The sale or dispensing of alcoholic liquor for off-premises consumption in places operating under package store permits issued under subsection (b) of section 30-20, druggist permits issued under section 30-36, manufacturer permits issued under section 30-16, grocery store beer permits issued under subsection (c) of section 30-20, religious wine retailer permits issued under section 30-37s or temporary auction permits issued under section 30-37u shall be unlawful on Thanksgiving Day, New Year's Day and Christmas; and such sale or dispensing of alcoholic liquor for off-premises consumption in places operating under package store permits, druggist permits, manufacturer permits for beer, grocery store beer permits, religious wine retailer permits and temporary auction permits shall be unlawful on Sunday before ten o'clock a.m. and after six o'clock p.m. and on any other day before eight o'clock a.m. and after ten o'clock p.m. Any town may, by a vote of a town meeting or by ordinance, reduce the number of hours during which such sale shall be permissible.

(e) (1) In the case of any premises operating under a cafe permit issued under subsection (c) of section 30-22a, or a Connecticut craft cafe permit issued under section 30-22d, and wherein, under the provisions of this section, the sale of alcoholic liquor is forbidden on certain days or hours of the day, or during the period when such permit is suspended, it shall likewise be unlawful to keep such premises open to, or permit such premises to be occupied by, the public on such days or hours.

(2) In the case of any premises operating under a cafe permit, it shall be unlawful to keep such premises open to, or permit such premises to be occupied by, the public between the hours of one o'clock a.m. and six o'clock a.m. on Monday, Tuesday, Wednesday, Thursday and Friday and between the hours of two o'clock a.m. and six o'clock a.m. on Saturday and Sunday or during any period of time when such permit is suspended, provided the sale, dispensing or consumption of alcohol on such premises operating under such cafe permit shall be prohibited beyond the hours authorized for the sale, dispensing or consumption of alcohol for such premises under this section.

(3) Notwithstanding any provision of this chapter, in the case of any premises operating under a cafe permit, it shall be lawful for such premises to be open to, or be occupied by, the public when such premises is being used as a site for film, television, video or digital production eligible for a film production tax credit pursuant to section 12-217jj, provided the sale, dispensing or consumption of alcohol on such premises operating under such cafe permit shall be prohibited beyond the hours authorized for the sale, dispensing or consumption of alcohol for such premises under this section.

(f) The retail sale and the tasting of free samples of wine, cider not exceeding six per cent alcohol by volume, apple wine not exceeding fifteen per cent alcohol by volume, apple brandy, eau-de-vie and mead by visitors and prospective retail customers of a permittee holding a manufacturer permit for a farm winery issued under subsection (c) of section 30-16 or a manufacturer permit for wine, cider and mead issued under subsection (d) of section 30-16 on the premises of such permittee shall be unlawful on Sunday before ten o'clock a.m. and after ten o'clock p.m. and on any other day before eight o'clock a.m. and after ten o'clock p.m. Any town may, by vote of a town meeting or by ordinance, reduce the number of hours during which sales and the tasting of free samples of products under this subsection shall be permissible.

(g) Notwithstanding any provision of subsection (a) of this section, food or nonalcoholic beverages may be sold, dispensed or consumed in places operating under a cafe permit issued pursuant to subsection (d) of section 30-22a, at any time, as allowed by agreement between the Connecticut Airport Authority and its lessees or concessionaires. In the case of premises operating at Bradley International Airport under a cafe permit, the sale, dispensing or consumption or the presence in glasses or other receptacles suitable to permit the consumption of alcoholic liquor by an individual shall be unlawful on: (1) Monday, Tuesday, Wednesday, Thursday and Friday between the hours of one o'clock a.m. and six o'clock a.m., (2) Saturday and Sunday between the hours of two o'clock a.m. and six o'clock a.m., (3) Christmas, except for alcoholic liquor that is served where food is also available during the hours otherwise permitted by this section for the day on which Christmas falls, and (4) January first between the hours of three o'clock a.m. and six o'clock a.m.

(h) The sale or the dispensing or consumption or the presence in glasses or other receptacles suitable to permit the consumption of alcoholic liquor by an individual in places operating under a nonprofit golf tournament permit issued under section 30-37g shall be unlawful on any day prior to nine o'clock a.m. and after ten o'clock p.m.

(i) Nothing in this section shall be construed to require any permittee to continue the sale or dispensing of alcoholic liquor until the closing hour established under this section.

(j) The retail sale of alcoholic liquor, and the provision of samples or tastings of alcoholic liquor, to festival visitors at a festival organized and sponsored under a festival permit issued under section 30-37t shall be unlawful on Sunday before ten o'clock a.m. and after six o'clock p.m., and on any other day before eight o'clock a.m. and after ten o'clock p.m. Any town may, by vote of a town meeting or by ordinance, reduce the number of hours during which the retail sale, tasting or sampling of alcoholic liquor under this subsection shall be permissible.

(k) The sale of products at a farmers' market by a permittee holding a farmers' market sales permit pursuant to section 30-37o shall be unlawful on any day before eight o'clock a.m. and after ten o'clock p.m., provided such permittee shall not sell such products at a farmers' market at any time during such hours that the farmers' market is not open to the public. Any town may, by vote of a town meeting or by ordinance, reduce the number of hours during which sales of products under this subsection shall be permissible.

(l) Notwithstanding any provision of subsection (a) of this section, it shall be lawful for casino permittees at casinos, as defined in section 30-37k, to allow the presence of alcoholic liquor in glasses or other receptacles suitable to permit the consumption thereof by an individual at any time on its gaming facility, as defined in subsection (a) of section 30-37k, provided such alcoholic liquor shall not be served to a patron of such casino during the hours specified in subsection (a) of this section. For purposes of this section, “receptacles suitable to permit the consumption of alcoholic liquor” does not include bottles of distilled spirits or bottles of wine.

(1949 Rev., S. 4296; 1949, March, 1950, 1951, S. 2170d; 1957, P.A. 617, S. 2; 1961, P.A. 301; February, 1965, P.A. 553, S. 12; 1967, P.A. 365, S. 4; 489; 1971, P.A. 89, S. 1; 254, S. 5; 309, S. 1; 541; 1972, P.A. 1, S. 1; 68, S. 5; 294, S. 32; P.A. 73-11; 73-533, S. 7; P.A. 74-181, S. 1, 2; 74-307, S. 12; P.A. 75-598, S. 5; P.A. 76-347, S. 6; P.A. 79-272; P.A. 80-181; 80-198, S. 1; P.A. 81-169, S. 1, 3; 81-367, S. 8, 9; P.A. 82-33, S. 1, 2; 82-299, S. 5, 6; P.A. 83-283, S. 4, 5; P.A. 84-494, S. 10, 11; 84-546, S. 80, 173; P.A. 85-380, S. 4, 10, 12; P.A. 86-403, S. 98, 132; P.A. 87-321, S. 5, 6; P.A. 89-181, S. 5, 6; P.A. 90-44; P.A. 93-139, S. 68; P.A. 95-161, S. 2; P.A. 99-159, S. 3; P.A. 00-192, S. 77, 102; P.A. 01-17, S. 1; June 30 Sp. Sess. P.A. 03-1, S. 103; P.A. 05-7, S. 2; 05-226, S. 2, 3; 05-288, S. 134; P.A. 09-47, S. 6, 8; P.A. 11-164, S. 5; P.A. 12-17, S. 9–11, 15; P.A. 15-24, S. 2; 15-244, S. 82; P.A. 16-103, S. 2, 3; 16-117, S. 6; P.A. 17-90, S. 4; 17-160, S. 6; 17-232, S. 2; P.A. 18-66, S. 1; P.A. 19-24, S. 17; P.A. 21-37, S. 76; P.A. 22-56, S. 5; 22-104, S. 23; P.A. 23-50, S. 22, 23; 23-110, S. 3.)

History: 1961 act permitted sale of liquor after voting hours on election days in hotel, restaurant, club and tavern permit premises; 1965 act added references to golf country club permits; 1967 acts added references to cafe permits and changed closing time for sales under package store, package store beer, drug store, drug store beer and grocery store permits from nine to eight o'clock p.m.; 1971 acts changed closing time for Sunday liquor sales under Subdiv. (a) from nine to eleven o'clock p.m., added references to charitable organization permits, prohibited sales on Saturday between two o'clock a.m. and nine o'clock a.m. and changed closing time for Sunday sales, when allowed, from one to two a.m. and prohibited sales on Independence Day (or the following Monday, if on Sunday) and Labor Day under package store, drug store and grocery store permits; 1972 acts added exception re elections at which not all electors may vote to prohibition of sales on election days, added reference to university permits and deleted provision prohibiting sales on Decoration Day; P.A. 73-11 specified that liquor may be sold on Christmas for on-premises consumption with hot meals; P.A. 73-533 added references to coliseum and coliseum concession permits; P.A. 74-181 authorized towns to allow sale of liquor on Sunday and tavern permit between noon and eleven o'clock p.m.; P.A. 74-307 added references to the various special sporting facility permits; P.A. 75-598 added provision governing times and days when sales allowed under night club permits; P.A. 76-347 added references to bowling establishment permits and specific provision regulating sales under such permits; P.A. 79-272 divided section into Subsecs. and changed location and wording of provision granting towns power to reduce hours of operation for clarity; P.A. 80-181 changed time of closing for sales period which began on Sunday from eleven o'clock that day to one a.m. on Monday; P.A. 80-198 deleted provision in Subsec. (c) which had prohibited sales of liquor on election days under tavern permit unless election is one at which not all electors may vote; P.A. 81-169 added Subsec. (e) to state the hours during which the retail sale and tasting of free samples of wine are permissible at farm wineries and to allow towns to shorten such hours; P.A. 81-367 eliminated references to package store beer permits and drug store beer permits and eliminated prohibition against sales on Good Friday; P.A. 82-33 eliminated the prohibition against liquor sales on election day, provided that liquor may be sold on the Fourth of July if it occurs on a Saturday and deleted references to “package store beer permits” and “drug store beer permits”; P.A. 82-299 amended Subsec. (a) by adding references to catering establishments; P.A. 83-283 amended Subsec. (a) by adding reference to racquetball facility permits; P.A. 84-494 added a new Subsec. (f) concerning the hours of operation of premises operating under airport restaurant permits and airport bar permits; P.A. 84-546 made technical change in Subsec. (a); P.A. 85-380 deleted provisions in Subsecs. (a) and (f) re nightclub permits and added Subsec. (g) re hours during which liquor may be served under a nonprofit golf tournament permit; P.A. 86-403 made technical changes; P.A. 87-321 amended Subsec. (f) by establishing hours and days of closing for airport airline clubs and by providing that food or nonalcoholic beverages may be sold, dispensed or consumed in places operating under any class of airport permit at any time, as allowed by agreement between the state and its lessees or concessionaires; P.A. 89-181 amended Subsec. (c) to include brew pubs; P.A. 90-44 amended Subsec. (a) to allow lane side service of alcohol in bowling alleys at two p.m. rather than five p.m.; P.A. 93-139 made technical changes, added a provision to allow towns to reduce the hours of sale in all permit premises except sales pursuant to an airport restaurant permit, airport bar permit or airport airline club permit and allowed Sunday sales in all towns; P.A. 95-161 amended Subsec. (d) to prescribe the days and hours brew pubs could sell beer for off-premise consumption and inserted new Subsec. (i) re on-premise consumption, relettering former Subsec. as (j); P.A. 99-159 amended Subsec. (e) to add Subdiv. indicators and a provision in new Subdiv. (2) to allow for one year premises operating under a manufacturer permit for a brew pub in which class III gaming takes place to remain open when the brew pub itself must be closed; P.A. 00-192 amended Subsec. (a) to add references to casino permits and caterer liquor permits, designate existing exception in Subdiv. (4) as Subpara. (A), substitute “where food is also available” for “with hot meals” in said Subpara. and add Subdiv. (4)(B) re casino permittees, effective May 26, 2000 (Revisor's note: In Subdiv. (4)(B), a reference to “section 24 of this act” was deemed by the Revisors to be a reference to definition section 76, and codified accordingly as section “30-37k”, for accuracy); P.A. 01-17 amended Subsec. (c) by deleting references to the color or transparency of drink containers for alcoholic liquor dispensed under a bowling establishment permit; June 30 Sp. Sess. P.A. 03-1 amended Subsec. (d) to change the closing hour for sales by package stores, drug stores and grocery stores from eight o'clock p.m. to nine o'clock p.m., effective August 16, 2003; P.A. 05-7 amended Subsec. (d) by adding references to manufacturer permits for a brew pub and manufacturer permits for beer and deleting provision re unlawful sale of beer for consumption off premises of brew pub, and amended Subsec. (e)(1) by adding references to manufacturer permits for beer; P.A. 05-226 repealed section 2 of P.A. 05-7 which amended Subsecs. (d) and (e), effective July 8, 2005, amended Subsec. (d) to include references to manufacturer permits for beer and amended Subsec. (e) to delete references to premises operating under a manufacturer permit for a brew pub, delete Subdiv. (1) designator and delete former Subdiv. (2) re exception for premises operating under a manufacturer permit for a brew pub in which class III gaming may be legally conducted; P.A. 05-288 made a technical change in Subsec. (g), effective July 13, 2005; P.A. 09-47 made a technical change in Subsecs. (c) and (g) and added Subsec. (k) re wine festival permit and out-of-state entity wine festival permit, effective May 20, 2009, and amended Subsec. (f) by changing closing hour from 8 o'clock p.m. to 9 o'clock p.m., effective July 1, 2009; P.A. 11-164 added Subsec. (l) re hours of sale of wine at farmers' market and municipal reduction of such hours, effective July 1, 2011; P.A. 12-17 amended Subsec. (a) to add reference to manufacturer permits for beer and brew pubs, amended Subsec. (d) to add references to manufacturer permits for beer and brew pubs, delete provisions re sales prohibition on Decoration Day, Independence Day, Labor Day and Sunday, add provision re Sunday sales hours and make a technical change, amended Subsec. (e) to designate existing provisions as Subdiv. (1) and delete provisions re cafe permit therein, add Subdiv. (2) re cafe permit hours of operation and add Subdiv. (3) re opening of tavern and cafe permit premises during certain film, television, video or digital productions, amended Subsec. (l) to delete provision re unlawful Sunday wine sales at farmers' market, and added Subsec. (m) re casino permittees, effective May 14, 2012; P.A. 15-24 amended Subsec. (c) by changing bowling establishment permit hour for sale, dispensing or consumption from 2 p.m. to 11 a.m., effective July 1, 2015; P.A. 15-244 amended Subsecs. (d), (f), (h) and (l) by changing closing hour from 9 o'clock p.m. to 10 o'clock p.m., amended Subsec. (d) by changing closing hour on Sunday from 5 o'clock p.m. to 6 o'clock p.m., and made a technical change in Subsec. (e)(3), effective July 1, 2015; P.A. 16-103 amended Subsec. (a) by replacing “eleven o'clock a.m.” with “ten o'clock a.m.” in Subdivs. (3) and (5) and amended Subsec. (f) by replacing “ten o'clock a.m.” with “eight o'clock a.m.”, effective June 2, 2016; P.A. 16-117 amended Subsec. (f) by replacing “eleven o'clock a.m.” with “ten o'clock a.m.”, effective June 3, 2016; P.A. 17-90 amended Subsec. (h) to replace reference to 11:00 a.m. with reference to 9:00 a.m. re consumption of alcohol in places operating under nonprofit golf tournament permit, effective June 9, 2017; P.A. 17-160 amended Subsec. (d) to add references to manufacturer permits for farm brewery, effective July 7, 2017; P.A. 17-232 amended Subsec. (d) to add references to manufacturer permits for farm distilleries; P.A. 18-66 amended Subsec. (g) by substituting “Connecticut Airport Authority” for “state of Connecticut”, and adding provision re premises operating under airport airline club permit hours, effective June 1, 2018; P.A. 19-24 amended Subsec. (a) by adding reference to Connecticut craft cafe permits and replacing “a manufacturer permit for a brew pub, manufacturer permits for beer and brew pubs” with “manufacturer permits for beer”, amended Subsec. (d) by deleting provisions re manufacturer permits for beer and brew pubs, manufacturer permits for farm brewery and manufacturer permits for farm distilleries, and replacing “or” with “and” re sale on holidays, amended Subsec. (f) by adding references for cider, apple wine, apple brandy, eau-de-vie, mead and manufacturer permit for wine, cider and mead, deleted former Subsec. (i) re tasting of free samples of beer, redesignating existing Subsecs. (j) to (m) as Subsecs. (i) to (l), and made technical and conforming changes, effective July 1, 2020; P.A. 21-37 amended Subsec. (a) by deleting references to bowling establishment, racquetball facility, club, coliseum concession, golf country club, university and tavern permits, various sporting facility permits, various airport permits, amended Subsecs. (b) and (g) by replacing airport restaurant, airport bar and airport airline club permit with cafe permit issued under Sec. 30-22a(d), amended Subsec. (c) by replacing references to bowling establishment permits with cafe permit issued under Sec. 30-22a(f), amended Subsec. (d) by adding references to “for off-premises consumption”, amended Subsec. (e) by replacing references to tavern permit with cafe permit, amended Subsec. (g) by adding “Bradley International Airport” and amended Subsec. (l) by making a technical change, effective July 1, 2021; P.A. 22-56 substantially revised Subsec. (j) re operations of festivals, effective May 23, 2022; P.A. 22-104 amended Subsec. (a) by adding references to Secs. 30-21, 30-22, 30-22a, 30-22d, 30-22b, 30-33a, 30-37a, 30-16(b), 30-37k, 30-37j and 30-37b and provisions re club permits issued under Sec. 30-22aa and manufacturer permits for a farm winery or wine, cider and mead issued under Secs. 30-16(c) and (d), respectively, Subsec. (d) by adding references to Secs. 30-20(b), 30-36, 30-16 and 30-20(c) and provisions re religious wine retailer permits issued under Sec. 30-37s and Subsec. (e)(1) by adding reference to Sec. 30-22a(c) and provision re Connecticut craft cafe permits issued under Sec. 30-22d, and made technical and conforming changes in Subsecs. (a) to (e), effective May 24, 2022; P.A. 23-50 amended Subsec. (a) by adding reference to temporary liquor permits for noncommercial entities issued under Sec. 30-35 and deleting reference to charitable organization permits issued under Sec. 30-37b, effective July 1, 2023, and amended Subsec. (d) by adding references to temporary auction permits issued under Sec. 30-37u and made technical and conforming changes in Subsecs. (d), (f), (h) and (k), effective October 1, 2023; P.A. 23-110 made a conforming change in Subsec. (c), effective July 1, 2023.

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Sec. 30-114. Beer keg identification and receipt requirements. Restrictions on keg deposit refunds. Grounds for permit revocation or suspension. (a) As used in this section, “keg” means any brewery-sealed individual container of beer having a liquid capacity of at least four gallons.

(b) Any holder of a package store permit or a grocery store beer permit under section 30-20, or of a manufacturer permit for beer under subsection (b) of section 30-16, that sells kegs for consumption off the permit premises shall, at the time of sale, (1) place an identification tag on all kegs sold by the permittee, (2) require each purchaser of any such keg to sign a receipt for the keg, and (3) inform such purchaser that any deposit paid by the purchaser for the keg, if required, shall be forfeited if the keg is returned without the original identification tag intact and readable.

(c) (1) The identification tag required under subdivision (1) of subsection (b) of this section shall be in the form of a numbered label, prescribed and furnished by the department, that clearly identifies the seller of the keg. Such tags shall be fabricated and made attachable in such a manner as to make the tag easily removable by a beer manufacturer for the purpose of cleaning and reusing the keg.

(2) The receipt required under subdivision (2) of subsection (b) of this section shall be on a form prescribed and furnished by the department and shall include the name, address and signature of the purchaser of the keg and the purchaser's motor vehicle operator's license number or such other identifying information as the department may prescribe by regulation under section 30-6a. The permittee shall retain a copy of all such receipts on the permit premises for a period of six months. Such receipts shall be available for inspection and copying by the department or any authorized criminal justice agency.

(3) The information required under subdivision (3) of subsection (b) of this section may be given verbally to each purchaser of a keg or may be provided by means of a sign conspicuously posted at the point of sale in such form and containing such disclosures as the department may require by regulation under section 30-6a.

(4) The department may charge a reasonable fee for furnishing the forms required by subdivisions (1) and (2) of this subsection, not to exceed the actual cost of furnishing such forms.

(d) No holder of a package store permit or a grocery store beer permit under section 30-20, or of a manufacturer permit for beer under subsection (b) of section 30-16, may refund any deposit upon the return of any keg that (1) does not have an identification tag required under subdivision (1) of subsection (b) of this section, or (2) has an identification tag that has been defaced to the extent that the information contained on the tag cannot be read.

(e) The violation by any holder of a package store permit or a grocery store beer permit under section 30-20, or of a manufacturer permit for beer under subsection (b) of section 30-16, of any provision of this section shall be cause for revocation or suspension of such permit under section 30-55.

(P.A. 98-236, S. 1, 6; P.A. 23-50, S. 24.)

History: P.A. 98-236 effective January 1, 1999; P.A. 23-50 amended Subsec. (a) by redefining “keg” and Subsecs. (b), (d) and (e) by adding references to holders of manufacturer permits for beer under Sec. 30-16(b), effective June 13, 2023.

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Sec. 30-115. Possession of beer keg lacking required identification. False information on beer keg receipt. Penalties. (a) For the purposes of this section, “keg” has the same meaning as provided in section 30-114.

(b) Any person who possesses any keg containing beer that is required to have an identification tag pursuant to section 30-114, knowing that such keg does not have such required identification tag, shall be guilty of a class C misdemeanor. This subsection shall not apply to any manufacturer, shipper, wholesaler or retail seller of beer, or to any person who finds a discarded keg containing beer on such person's property.

(c) Any person who purchases any keg containing beer and who knowingly provides false information on any receipt required by section 30-114 at the time of such purchase shall be guilty of a class C misdemeanor.

(P.A. 98-236, S. 2, 6; P.A. 23-50, S. 25.)

History: P.A. 98-236 effective January 1, 1999; P.A. 23-50 added new Subsec. (a) defining “keg”, and redesignated existing Subsecs. (a) and (b) as Subsecs. (b) and (c), effective June 13, 2023.

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