AN ACT CONCERNING ALCOHOLIC LIQUOR PERMITS AND TOBACCO BARS.
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SB 905 — AN ACT CONCERNING ALCOHOLIC LIQUOR PERMITS AND TOBACCO BARS.
Last action — SIGNED BY GOVERNOR
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 26, 2023. Enacted.
Signed by Governor Ned Lamont (Democratic) on June 27, 2023.
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Enacted
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7 sponsors
7 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (3 D · 1 R) — cross-party backing.
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Bill Text
What changed in the latest version
392 added · 1815 removed392 line(s) added, 1815 removed.
General Assembly Substitute Senate Bill No.
905 JanuaryPublic Session,Act 2023No. AN ACT CONCERNING ALCOHOLIC LIQUOR AND TOBACCO BARS.
23-103 AN ACT CONCERNING ALCOHOLIC LIQUOR PERMITS AND TOBACCO BARS.
Section 30-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
For the purposes of this chapter and sections 2 to 4, inclusive, of this act, unless the context indicates a different meaning:
(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 syntheticethyl alcohol whichisconsiderednonpotable.
(3) "Alcoholic beverage" and "alcoholic liquor" include the four varieties of liquor defined in subdivisions (2), (5), (21) and (22) 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 LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00905-R1 of 52 SB.docx Substitute Bill No.
905 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 (22) 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0092 of 52 R02-SB.docx } Substitute Bill No.
905 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) "Charitable organization" means any nonprofit organization that (A) is organized for charitable purposes, and (B) has received a ruling from the Internal Revenue Service classifying such nonprofit organization as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(9) "Club" has the same meaning as provided in section 30-22aa.
(10) "Coliseum" has the same meaning as provided in section 30-33a.
(11) "Commission" means the Liquor Control Commission established under this chapter.
(12) "Department" means the Department of Consumer Protection.
(13) "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, as amended by this act, and (B) where meals are customarily served to any member of the public who has means of payment and a proper demeanor.
(14) "Mead" means fermented honey (A) with or without additions or adjunct ingredients, and(B)regardlessof (i)alcohol content, (ii)process, and (iii) whether such honey is carbonated, sparkling or still.
(15) "Minor" means any person who is younger than twenty-one LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0093 of 52 R02-SB.docx } Substitute Bill No.
905 years of age.
(16) "Nonprofit club" has the same meaning as provided in section 30-22aa.
(17) "Nonprofit public television corporation" has the same meaning as provided in section 30-37d.
(18) (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.
(19) (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"doesnotincludeanypersonwho,orcorporationthat, 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.
(20) "Restaurant" has the same meaning as provided in section 30-22.
(21) "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.
(22)"Wine" meansany alcoholicbeverage obtainedby 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.
Sec.
2.
Show all 500 changed lines (460 more)
(NEW) (Effective from passage) (a) For the purposes of this section:
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0094 of 52 R02-SB.docx } Substitute Bill No.
905 (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 chapter 545 of the general statutes;
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 of the general statutes or holders of cancelled restaurant permits issued under section 30-22 of the general statutes or cancelled cafe permits issued under section 30-22a of the general statutes, as amended by this act, 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 of the general statutes, as amended by this act.
(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 applicantshallserveasthebackerofsuchpermit.Eachsuchpermitshall 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 a backer in any calendar year.
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 issuedunderthissectionfromoneormoreindividualcollectors, holders of package store permits issued under section 30-20 of the general statutes or holders of cancelled restaurant permits issued under section 30-22 of the general statutes or cancelled cafe permits issued under LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0095 of 52 R02-SB.docx } Substitute Bill No.
905 section 30-22a of the general statutes, as amended by this act.
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 of the general statutes, cancelled restaurant permit issued under section 30-22 of the general statutes or cancelled cafepermit issuedunder section30-22aofthegeneralstatutes, as amended by this act, who purchased such beer, spirits or wine from the holder of a wholesaler permit issued under section 30-17 of the general statutes, and (2) bears an intact seal from the manufacturer of such beer, spirits or wine.
An individual collector may sell or consign suchbeer,spiritsorwinetotheauctioneer.Theholderofapackagestore permit issued under section 30-20 of the general statutes 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 of the general statutes.
The holder of a cancelled restaurant permit issued under section 30-22 of the general statutes or a cancelled cafe permit issued under section 30-22aofthegeneralstatutes,asamendedbythisact,may,notlaterthan sixtydaysaftersuchpermitiscancelled,sellorconsignsuchbeer,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 of the general statutes, holder of the cancelled restaurant permit issued under section 30-22 of the general statutes or holder of the cancelled cafe permit issued under section 30- 22a of the general statutes, as amended by this act, not later than ten days after the final day of such auction.
(e) Except as providedin 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 of the general statutes.
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 of the general statutes, no such beer, spirits or wine may be resold, offered for sale or otherwiseusedonthepermitpremisesofany otherpermitteeoperating, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0096 of 52 R02-SB.docx } Substitute Bill No.
905 or the backer of any other permit issued, under chapter 545 of the general statutes.
(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,providedtheholder sendsanoticetothedepartment,atleast thirtydaysbeforethefirst dayofsuchauctionandinaformandmanner 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 of the general statutes, as amended by this act.
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 personto demonstrate that suchpersonisat least twenty-oneyears of age by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h of the general statutes;
(3) not ship such beer, spirits or wine to any address in this state where the sale LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0097 of 52 R02-SB.docx } Substitute Bill No.
905 of alcoholic liquor is prohibited by local option pursuant to section 30-9 of the general statutes;
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 of the general statutes.
(h) The department may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.
Sec.
3.
(NEW) (Effective from passage) (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 afoodtruckoracatererorconsistofprepackageditems.Theavailability 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.
(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 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 of the general statutes.Nosuchpermitshallberenewable.Anybackerofthepermittee may apply for only one outdoor open-air permit per calendar year.
The LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0098 of 52 R02-SB.docx } Substitute Bill No.
905 provisions of subdivision (3) of subsections (b) and subsection (c) of section 30-39 of the general statutes, as amended by this act, 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 of the general statutes, as amended by this act.
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 of the general statutes, as amended by this act.
Sec.
4.
(NEW) (Effective from passage) (a) For the purposes of this section:
(1) "Cocktail keg" means any individual container of a cocktail or prepared mixed drink that (A) has a liquid capacity of at least four gallons, and (B) is sealed by the (i) manufacturer of such cocktail or prepared mixeddrink,or (ii)holder of awholesaler permit issuedunder section 30-17 of the general statutes;
and (2) "Qualified retail permittee" means the holder of a permit issued under chapter 545 of the general statutes, which permit authorizes such holder to sell cocktails and prepared mixed drinks for on-premises consumption.
(b) Any holder of a wholesaler permit issued under section 30-17 of the general statutes may sell, at wholesale, a cocktail keg to a qualified retail permittee.
Sec.
5.
Section 30-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a)The DepartmentofConsumerProtectionmayadoptinaccordance LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0099 of 52 R02-SB.docx } Substitute Bill No.
905 with the provisions ofchapter 54 all necessary regulations, subject to the provisions of [subsection (c)] 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] 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 [said] section 30-64, whenever necessary to avoid practical difficulties or unnecessary hardships to any permittee affected by [said] 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 [said] 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 [said] 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 [said] 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 [said] 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 [section] sections 30-63 and [said section] 30-64;
and (7) permit the sale at a price which is less than cost LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0010 of 52 R02-SB.docx } Substitute Bill No.
905 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 theuse 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 [his or her] 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.
[(d)] (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0011 of 52 R02-SB.docx } Substitute Bill No.
905 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.
Sec.
6.
Subsections (a) and (b) of section 30-14 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(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 30-25, 30-35, 30-37b, 30-37d, 30-37g and 30-37h and section 2 of this act, 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 section30-22a,as amended by this act, 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- 25, 30-35, 30-37b, 30-37d,30-37g and30-37handsection2ofthisact,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.
Sec.
7.
Section 30-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this subsection, "proof gallon" has the same meaning LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00912 of 52 R02-SB.docx } Substitute Bill No.
905 as provided in section 12-433, as amended by this act.
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, as amendedby thisact.
Aholder ofamanufacturer permitforspirits,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 (1) within the state to wholesaler LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0013 of 52 R02-SB.docx } Substitute Bill No.
905 permitteesnot ownedor controlledby such manufacturer,or (2)outside the state.
A holder of a manufacturer permit for spirits may sell spirits manufactured by such manufacturer under a farmers' market sales permit issued under section 30-37o, as amended by this act.
The annual fee for a manufacturer permit for spirits shall be one thousand eight hundred fifty dollars.
(b) 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 whosellsbeerbrewed onsuchpremisesatwholesaletoretailpermittees 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] A manufacturer permit for beer shall also allow:
(1) The retail sale of such beer under a farmers' market sales permit issued under section 30-37o, as amended by this act;
(2) the retail sale of such beer, and beer brewed in collaboration with at least one other holder of [such a permit] a manufacturer permit for beer, to be consumed on the premises with or without the sale of food;
[, (2)] (3) 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] a manufacturer permit for beer, for consumption off the premises;
[,] and [(3)] (4) the sale of sealed bottles or other sealed containersofbeerbrewedonsuchpremisestotheholderofawholesaler 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0014 of 52 R02-SB.docx } Substitute Bill No.
905 other sealed containers shall comply with the provisions of subsection (d) of section 30-91, as amended by this act, 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, as amended by this act.
The annual fee for a manufacturer permit for beer shall be one thousand four hundred dollars.
For the purposes of this subsection 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.
(c)(1)A manufacturerpermit forafarmwinery shallbeinallrespects 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] 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 manufacturedbythefarmwinery permitteetopersonsoutsidethestate;
(D) the offering and tasting of free samples of such wine or brandy, dispensed out ofbottlesor containershavingcapacitiesofnot 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0015 of 52 R02-SB.docx } Substitute Bill No.
905 other sealed containers of such wine or brandy for consumption off the premises;
(F) the sale at retail from the premises of wine or brandy by the glass and bottle to visitors on the premises of the farm winery permittee for consumption on the premises;
and (G) subject to the provisions of subdivision (3) of this subsection, the sale and delivery or shipment of wine manufactured by the permittee directly to a consumer in this state.
Notwithstanding the provisions of subparagraphs (D), (E) and (F) of this subdivision, a town may, by ordinance or zoning regulation, prohibit any such offering, tasting or selling at retail at premises within such town for which a manufacturer permit for a farm winery has been issued.
(3) A permittee, when selling and shipping wine directly to a consumer in this state, shall:
(A) Ensure that the shipping labels on all containers of wine shipped directly to a consumer in this state conspicuously state the following:
"CONTAINS ALCOHOL— SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY";
(B) obtain the signature of a person age twenty-one or older at the address prior to delivery, after requiring the signer to demonstrate that [he or she] such signer is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h;
(C) not ship more than five gallons of wine in any two-month period to any person in this state;
(D) pay, to the Department of Revenue Services, all sales taxes and alcoholic beverage taxes due under chapters 219 and 220 on sales of wine to consumers in this state, and file, with said department, all sales tax returns and alcoholic beverage tax returns relating to such sales;
(E) report to the Department of Consumer Protection a separate and complete record of 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0016 of 52 R02-SB.docx } Substitute Bill No.
905 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] Wine manufactured by another farm winery located in this state;
[,] and (B) brandy manufactured from fruit harvested in this state and distilled off the premises in this state.
(5) The 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'swine.
An average cropshall 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.
(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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0017 of 52 R02-SB.docx } Substitute Bill No.
905 Consumer Protection in accordance with the provisions of [subsection (a) of] section 30-37o, as amended by this act.
(8) 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] 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, as amended by this act, 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0018 of 52 R02-SB.docx } Substitute Bill No.
905 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 thisstate.Notwithstandingtheprovisionsofsubparagraphs(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 [he or she] such signer is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h;
(C) not ship more than five gallons of 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 andmead may LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0019 of 52 R02-SB.docx } Substitute Bill No.
905 sell any product not manufactured by such permit holder, except such permittee may sell from the premises:
(A) [wine] 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, whenadvertisingorofferingproductsfordirectshipmenttoaconsumer inthisstate viatheInternetor any otheron-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 sellandofferfreetastingsofproductsproducedpursuanttosuchpermit 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 [subsection (a) of] section 30-37o, as amended by this act.
(7) The annual fee for a manufacturer permit for wine, cider and mead shall be two hundred dollars.
Sec.
8.
The availability of food from outside vendors located on or near the premises, who may directly deliver such food or indirectly deliver such LCOfood {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0020through ofa 52third R02-SB.docxparty, }shall Substitutebe Billdeemed No.compliance with such requirement.
905 food through a third party, shall be deemed compliance with such requirement.
A cafe permit shall allow, with the prior approval of the Department of Consumer Protection, alcoholic liquor to be served at tables in outside areasSubstitute thatSenate areBill screenedNo. or not screened from public view where permitted by fire, zoning and health regulations.
905 areas that are screened or not screened from public view where permitted by fire, zoning and health regulations.
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 30-91,30-91. as amended by this act.
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 30-91,30-91. as amended by this act.
For purposes of this section, "full course meal" means a diversified selection of food which (A) ordinarily cannot be consumed LCOwithout {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0021the use of 52tableware, R02-SB.docxand }(B) Substitutecannot Billbe No.conveniently consumed while standing or walking.
905 without the use of tableware, and (B) cannot be conveniently consumed while standing or walking.
(c) As used in this section, "cafe" means space in a suitable and permanent building, vessel or structure, kept, used, maintained, advertisedPublic andheldoutAct tothepublictoNo. beaplace where alcoholicliquor and food is served for sale at retail for consumption on the premises but which does not necessarily serve hot meals;
23-103 2 of 12 Substitute Senate Bill No.
905 advertised andheldout tothepublicto beaplace where alcoholicliquor and food is served for sale at retail for consumption on the premises but which does not necessarily serve hot meals;
(1) An association of persons, whether incorporated or unincorporated, that LCOhas {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0022been 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 52applying R02-SB.docxfor }the Substitutepermit Billis 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 intentiontoremainmembersoftheassociationfor not lessthanoneyear after that time, not including associations organized for any commercial Public Act No.
90523-103 has3 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 applying12 forSubstitute theSenate permitBill isNo. 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 intentiontoremainmembersoftheassociationfor not lessthanoneyear 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 lengthofat leastfifty-five hundredyardsandaclubhouse withfacilities that include locker rooms, a dining room and a lounge;
905 or business purpose the object of which is money profit, which maintains a golf course of not less than eighteen holes and a course lengthofat leastfifty-five hundredyardsandaclubhouse withfacilities that include locker rooms, a dining room and a lounge;
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 LCOtimeofapplyingforthepermitisinexistence {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0023asabonafideorganization ofand 52has R02-SB.docxnot }less Substitutethan Billtwenty 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 Public Act No.
90523-103 timeofapplyingforthepermitisinexistence4 asabonafideorganization 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 the12 InternalSubstitute RevenueSenate CodeBill ofNo. 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;
905 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;
It shall be subject to all the privileges, obligations and penalties provided for in this chapter except that it shall LCObe {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0024issued to a corporation instead of 52to R02-SB.docxa }person Substituteand, Billif 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 Public Act No.
90523-103 be5 issued to a corporation instead of to12 aSubstitute personSenate and,Bill ifNo. 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.
905 such revocation.
(k) For purposes of compliance with this section, "cafe" includes a tobaccobarthat:(1)DuringthecalendaryearendingDecember31,2002, generated at least ten per cent of itsthe tobacco bar's total annual gross income from on-on-site site sales of tobacco products and rentals of on-site humidors;
or (2) LCOcommenced {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-009025operations ofduring 52the R02-SB.docxperiod }beginning SubstitutePublic BillAct No.
90523-103 commences6 operations onor after October 1,2023, and generates at least sixty per cent of such12 tobaccoSubstitute bar'sSenate grossBill incomeNo. in a calendar year from on-site sales of tobacco products and rentals of on-site humidors.
905 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, as amended by this act, and subparagraph (F) of subdivision (2) of subsection (b) of section 19a-342a, as amended by this act, 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 onthe 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.
9.2.
Section 30-22e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(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 [square] 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 consistofprepackageditems.Theavailability ofareamenusfordelivery 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, as amended by this act.
No such permit shall be renewable.
[, and the department shall not issue a provisional seasonal outdoor open-air LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00926 of 52 R02-SB.docx } Substitute Bill No.
905 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, as amended by this act, [do] 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-premise] off-premises consumption in sealed containerssupplied by thepermittee.Suchsalesshall beconductedonly during the hours a package store is permitted to sell alcoholic liquor under the provisions of subsection (d) of section 30-91, as amended by thisact.Notmorethanfourlitersofsuchbeer shallbesoldtoanyperson on any day on which the sale of alcoholic liquor is authorized under the provisions of subsection (d) of section 30-91, as amended by this act.
Sec.
10.
Section 30-37o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Consumer Protection shall issue a farmers' market sales permit to [a] the holder of a manufacturer permit [for a farm winery, the holder of a manufacturer permit for wine, cider and mead or the holder of a manufacturer permit for beer] issued under section 30-16, as amended by this act, upon submission of proof to the commissioner that such holder is in compliance with the [applicable] permit requirements [of] established in subsection (a), (b), (c) or (d) of section 30-16, as amended by this act, as applicable.
[Such permit] A farmers' market sales permit issued under this section shall authorize the sale of products manufactured by [such permittees] the manufacturer permittee during an unlimited number of appearances at a farmers' market, at not more than ten farmers' market locations per year, provided [such] the holder of such permit:
(1) Has received an invitation from such farmers' market to sell such products at such farmers' market;
[,] LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0027 of 52 R02-SB.docx } Substitute Bill No.
905 (2) [only] Only sells such products by the bottle or sealed container at such farmers' [markets,] market;
and (3) [is] Is present, or has an authorized representative present, at the time [of sale of any] each such product [from such permit holder] is sold at such farmers' market [.
Any such permit] under such permit.
(b) Each farmers' market sales permit issued under this section shall be valid for a [period of one year from the date of issuance] one-year period beginning on the date the commissioner issues such permit.
The annual fee for [such] each farmers' market sales permit shall be two hundred fifty dollars, [.
There] and there shall be a nonrefundable one- hundred-dollar [, nonrefundable] filing fee for [any] each such permit.
[(b)] (c) Any town or municipality may, by ordinance or zoning regulation, prohibit the sale of [such] products manufactured by the [holder of such permit at a farmers' market] holders of farmers' market sales permits issued under this section at farmers' markets held in such town or municipality.
Sec.
11.
Subsections (a) to (g), inclusive, of section 30-37t of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(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, as amended by this act, (B) beer issued under subsection (b) of section 30- 16, as amended by this act, (C) a farm winery issued under subsection (c) of section 30-16, as amended by this act, or (D) wine, cider and mead issued under subsection (d) of section 30-16, as amended by this act;
and (2) "Festival sponsor" means an entity (A) operating on a nonprofit basis in this state, including, but not limited to, [(A)] (i) an association, or a subsidiary of an association, that promotes manufacturing and selling alcoholic liquor in this state, [(B)] (ii) a civic organization LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-009028 of 52 R02-SB.docx } Substitute Bill No.
905 operating in this state, and [(C)] (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 consecutivedays,andshallallowthefestivalsponsortoholdthefestival on the days and times permitted under subsection (j) of section 30-91, as amended by this act.
The fee for [each] 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 dollarsifthefestivalsponsor isoperatingonafor- 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0029 of 52 R02-SB.docx } Substitute Bill No.
905 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, as amended by this act;
[and] [(2) Unless such participating eligible manufacturer is the holder of an out-of-state shipper's permit for beer issued under section 30-19:] [(A)] (2) Sell and directly ship to festival visitors, if allowed under section 30-16, as amended by this act, alcoholic liquor that such participating eligible manufacturer sells to festival visitors at such festival;
[(B)] (3) Sell, at retail, for consumption off the festival premises and in accordance with the provisions of section 30-16, as amended by this act, bottles and other sealed containers of alcoholic liquor;
and [(C)] (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.
Sec.
12.
Subsection (b) of section 30-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-009030 of 52 R02-SB.docx } Substitute Bill No.
905 business shall be exempt from providing such detailed description ifthe 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 anddays of sale shall not apply to a cafe permit issued under subsection(d)or (h)of section30-22a,asamended by this act.
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, as amended by this act, shall not be deemed to constitute a precondition to renewal of a permit that is subject to subsection (f) of section 29-305, as amended by this act.
(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 charitable organization under section 30-37b, including a nonprofit public television corporation under section 30-37d, a nonprofit golf tournament permit under section 30-37g, a temporary permit under section 30-35 or a special club permit under section 30-25;
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.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0031 of 52 R02-SB.docx } Substitute Bill No.
905 (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 shallaffix, andmaintaininalegiblecondition 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 theday 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 proposedpermittee,shallbeclearlyvisiblefromthepublichighwayand 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 theproposed location.The provisionsofthissubdivisionshallnot apply to applications for (A) airline permits issued under section 30-28a, (B) charitable organization permits issued under section 30-37b, (C) temporary permits issued under section 30-35, (D) special club permits issued under section 30-25, (E) concession permits issued under section LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00932 of 52 R02-SB.docx } Substitute Bill No.
905 30-33, (F) military permits issued under section 30-34, (G) cafe permits issued under subsection (h) of section 30-22a, as amended by this act, (H) warehouse permits issued under section 30-32, (I) broker's permits issued under section 30-30, (J) out-of-state shipper's permits for alcoholic liquor issued under section 30-18, (K) out-of-state shipper's permits for beer issued under section 30-19, (L) coliseum permits issued under section 30-33a, (M) nonprofit golf tournament permits issued under section 30-37g, (N) nonprofit public television corporation permits issued under section 30-37d, (O) 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, as amended by this act, and a brew pub before July 1, 2020, (P) off-site farm winery sales and wine, cider and mead tasting permits issued under section 30-16a, (Q) out-of-state retailer shipper's permits for wine issued under section 30-18a, (R) out- of-state winery shipper's permits for wine issued under section 30-18a, (S) in-state transporter's permits for alcoholic liquor issued under section 30-19f, including, but not limited to, boats operating under such permits, (T) seasonal outdoor open-air permits issued under section 30- 22e, as amended by this act, (U) festival permits issued under section 30- 37t, as amended by this act, (V) temporary auction permits issued under section 2 of this act, (W) outdoor open-air permits issued under section 3 of this act, and [(V)] (X) renewals of any permit described in subparagraphs (A) to [(U)] (W), inclusive, of this subdivision, if applicable.
The provisionsofthissubdivision regardingpublicationand 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00933 of 52 R02-SB.docx } Substitute Bill No.
905 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.
Sec.
13.
Subsection (a) of section 30-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(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, as amended by this act, 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, as amended by this act, 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, as amended by this act;
(4) a backer ofarestaurant permit issuedunder section30-22may beabacker 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 section30-20 may be(A)abacker ofapackage storepermit issuedunder 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, as amended by this act, 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-009034 of 52 R02-SB.docx } Substitute Bill No.
905 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 section30-16,asamendedbythisact,oramanufacturerpermitfor wine, cider and mead issued under subsection (d) of section 30-16, as amended by this act, may be a holder of an in-state transporter's permit issued under section 30-19f, [a farmers' market sales permit issued under subsection (a) of section 30-37o,] an off-site farm winery sales and tasting permit issued under section 30-16a or any combination of such permits;
(13) [a holder of a manufacturer permit for beer issued under subsection (b) of section 30-16 may be a holder of afarmers' market sales permit issued under subsection (a) of section 30-37o;
(14)] the holder of a manufacturer permit for spirits, beer, a farmwinery or wine, cider and mead, issued under subsection (a), (b), (c) or (d), respectively, of section 30-16, as amended by this act, 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 [;
(15)] or a farmers' market sales permit issued under section 30-37o, as amended by this act;
(14) the holder of a restaurant permit issued under section 30-22, a cafe permit issued under section 30-22a, as amended by this act, 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, as amended by this act, or an outdoor open-air permit issued under section 3 of this act;
and [(16)] (15) the holder of a festival permit issued under section 30-37t, as amended by this act, 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, as amended LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0035 of 52 R02-SB.docx } Substitute Bill No.
905 by this act, 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, as amended by this act.
Sec.
14.
Subsections (d) to (k), inclusive, of section 30-91 ofthe general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(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, as amended by this act, grocery store beer permits issued under subsection (c) of section 30-20, [or] religious wine retailer permits issued under section 30-37s or temporary auction permits issued under section 2 of this act 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, [and] religious wine retailer permits, temporary auction permits and event sales 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'clocka.m.andafter teno'clockp.m.Anytownmay,byavote ofatown 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, as amended by this act, 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00936 of 52 R02-SB.docx } Substitute Bill No.
905 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 section30-16,asamendedbythisact,oramanufacturerpermitfor wine, cider and mead issued under subsection (d) of section 30-16, as amendedbythisact,onthepremisesofsuchpermitteeshallbeunlawful 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0037 of 52 R02-SB.docx } Substitute Bill No.
905 places operating under a cafe permit issued pursuant to subsection (d) of section 30-22a, as amended by this act, 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 organizedand sponsored under a festival permit issued under section 30-37t, as amendedby thisact, shallbeunlawfulonSunday beforeteno'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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00938 of 52 R02-SB.docx } Substitute Bill No.
905 a farmers' market sales permit pursuant to [subsection (a) of] section 30- 37o, as amended by this act, shall be unlawful on any day before eight o'clock a.m.
andafter teno'clock p.m.,providedsuchpermittee 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.
Sec.
15.
Section 30-114 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this section, ["keg"] "beer keg" means any brewery- sealed individual container of beer having a liquid capacity of six gallons or more.
(b) Any holder of a package store permit or a grocery store beer permit under section 30-20 that sells beer kegs for consumption off the permit premises shall, at the time of sale, (1) place an identification tag on all beer kegs sold by the permittee, (2) require each purchaser of any such beer keg to sign a receipt for the beer keg, and (3) inform such purchaser that any deposit paid by the purchaser for the beer keg, if required, shall be forfeited if the beer 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 beer 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 beer 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 beer keg and the purchaser's motor vehicle operator's license LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0039 of 52 R02-SB.docx } Substitute Bill No.
905 number or such other identifying information as the department may prescribe by regulation under section 30-6a, as amended by this act.
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 beer 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, as amended by this act.
(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 agrocery store beer permit under section 30-20 may refund any deposit upon the return of any beer keg that (1) does not have an identification tag required under subdivision (1) of subsection (b) of this section or (2) has an identificationtagthathasbeendefacedtotheextentthattheinformation 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 of any provision of this section shall be cause for revocation or suspension of such permit under section 30-55.
Sec.
16.
Section 30-115 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For the purposes of this section, "beer keg" has the same meaning as provided in section 30-114, as amended by this act.
[(a)] (b) Any person who possesses any beer keg [containing beer] that is required to have an identification tag pursuant to section 30-114, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0040 of 52 R02-SB.docx } Substitute Bill No.
905 as amended by this act, knowing that such beer 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, wholesalerorretailsellerofbeer,ortoanypersonwhofindsadiscarded beer keg [containing beer] on such person's property.
[(b)] (c) Any person who purchases any beer keg [containing beer] and who knowingly provides false information on any receipt required by section 30-114, as amended by this act, at the time of such purchase shall be guilty of a class C misdemeanor.
Sec.
17.
Section 29-305 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Each local fire marshal and the State Fire Marshal, for the purpose of satisfying themselves that all pertinent statutes and regulations are complied with,may inspect intheinterestsofpublic safety allbuildings, facilities, processes, equipment, systems and other areas regulated by the Fire Safety Code and the State Fire Prevention Code within their respective jurisdictions.
(b) Each local fire marshal shall inspect or cause to be inspected, at least once each calendar year or as often as prescribed by the State Fire Marshal pursuant to subsection (e) of this section, in the interests of public safety, all buildings and facilities of public service and all occupancies regulated by the Fire Safety Code or State Fire Prevention Code within the local fire marshal's jurisdiction, except residential buildings designed to be occupied by one or two families which shall be inspected, upon complaint or request of an owner or occupant, only for the purpose of determining whether the requirements specified in said codes relative to smoke detection and warning equipment have been satisfied.
In the case of a school building, each local fire marshal shall submit a written report to the local or regional board of education documenting each such inspection.
(c) Upon receipt by the State Fire Marshal of information from an LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0041 of 52 R02-SB.docx } Substitute Bill No.
905 authentic source that any other building or facility within the State Fire Marshal's jurisdiction is hazardous to life safety from fire, the State Fire Marshal shall inspect such building or facility.
(d) Upon receipt by the local fire marshal of information from an authentic source that any other building or facility within the local fire marshal's jurisdiction is hazardous to life safety from fire, the local fire marshal shall inspect such building or facility.
In each case in which the local fire marshal conducts an inspection, the local fire marshal shall be satisfied that all pertinent statutes and regulations are complied with, and shall keep a record of such investigations.
Such local fire marshal or a designee shall have the right of entry at all reasonable hours into or upon any premises within the local fire marshal's jurisdiction for the performance of the fire marshal's duties except that occupied dwellings and habitations, exclusive of common use passageways and rooms in tenement houses, hotels and rooming houses, may only be entered for inspections between the hours of 9:00 a.m.
and 5:00 p.m., except in the event of any emergency requiring immediate attention for life safety, or in the interests of public safety.
Each local fire marshal shall make a monthly report to the authority which appointed the local fire marshal and shall be paid for [his or her] such local fire marshal's services in making such inspections of buildings, facilities, processes, equipment, systems and other areas the compensation agreed upon with such appointing authority.
(e) The State Fire Marshal may adopt amendments to the Fire Safety Code and theState Fire PreventionCoderegarding requirements for the frequency of inspections of different building uses regulated by the codes and set forth a schedule of inspections, except for inspections of residential buildings designed to be occupied by three or more families, that are less frequent than yearly if the interests of public safety can be met by less frequent inspections.
(f) Notwithstanding the provisions of subsections (a) to (e), inclusive, of this section, a local fire marshal, deputy fire marshal, fire inspector or other fire code inspector or fire investigator holding office in a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-009042 of 52 R02-SB.docx } Substitute Bill No.
905 municipality shall, at least once per calendar year, inspect all premises that are (1) located in the municipality, and (2) operating under a permit issuedpursuant to chapter 545that allowsforon-premisesconsumption of alcoholic liquor.
Sec.
18.
Section 12-433 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Wherever used in this chapter, unless the context otherwise requires:
(1) "Alcoholic beverage" and "beverage" include wine, beer and liquor;
(2) "Absolute alcohol" means dehydrated alcohol containing not less than ninety-nine per cent by weight of ethyl alcohol;
(3) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops in drinking water and containing more than one-half of one per cent of absolute alcohol by volume;
(4) "Wine" means any alcoholic beverage obtained by the fermentation of natural sugar contents of fruits or other agricultural products containing sugar;
(5) "Still wine" means any wine that contains not more than three hundred ninety-two one thousandths (0.392) of a gram of carbon dioxide per hundred milliliters of wine, and shall include any fortified wine, cider that is made from the alcoholic fermentation of the juice of apples, vermouth and any artificial or imitation wine or compound sold as "still wine" containing not less than three and two-tenths per cent of absolute alcohol by volume;
(6) "Sparkling wine" means champagne and any other effervescent wine charged with more than three hundred ninety-two one thousandths (0.392) of a gram of carbon dioxide per hundred milliliters of wine, whether artificially or as a result of secondary fermentation of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0043 of 52 R02-SB.docx } Substitute Bill No.
905 the wine within the container;
(7) "Fortified wine" means any wine, the alcoholic contents of which have been increased, by whatever process, beyond that produced by natural fermentation;
(8) "Liquor" means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances in solution;
(9) "Liquor cooler" means either (A) any liquid combined with liquor containing not more than seven per cent of alcohol by volume, or (B) any liquid combined with liquor containing more than seven per cent of alcohol by volume produced by a person who produces not more than fifty thousand proof gallons of liquor during the calendar year;
(10) "Gallon" or "wine gallon" means one hundred twenty-eight fluid ounces;
(11) "Proof gallon" means the equivalent of one wine gallon at 100 proof;
(12) "Proof spirit" or "proof" means alcoholic liquor that contains one- half by volume of alcohol of a specific gravity of seventy-nine hundred and thirty-nine ten-thousandths (0.7939) at 60° F;
(13) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine, from whatever source or by whatever process produced;
(14) "Person" means any individual, firm, fiduciary, partnership, corporation, limited liability company, trust or association, however formed;
(15) "Taxpayer" means any person liable to taxation under this chapter except railroad and airline companies so far as they conduct such beverage business in cars or passenger trains or on airplanes;
(16) "Distributor" means any person, wherever resident or located, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0044 of 52 R02-SB.docx } Substitute Bill No.
905 that holds a wholesaler's or manufacturer's permit or wholesaler or manufacturer permit for beer only issued under chapter 545, or such person's backer, if any;
(17) "Licensed distributor" means a distributor holding a license issued by the Commissioner of Revenue Services under the provisions of this chapter;
(18) "Tax period" means any period of one calendar month, or any part thereof;
(19) "Barrel" means not less than twenty-eight nor more than thirty- one gallons;
(20) "Half barrel" means not less than fourteen nor more than fifteen and one-half gallons;
(21) "Quarter barrel" means not less than seven nor more than seven and three-quarters gallons;
and (22) "Sell" or "sale" includes and applies to gifts, exchanges and barter and includes any alcoholic beverages coming into the possession of a distributor that cannot be satisfactorily accounted for by the distributor to the Commissioner of Revenue Services.
Sec.
19.
Section 12-435 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Each distributor of alcoholic beverages shall pay a tax to the state on all sales within the state of alcoholic beverages, except sales to licensed distributors, sales of alcoholic beverages that,in the course of such sales, are actually transported to some point without the state and except the first fifteen barrels of beer that is produced annually and consumed on the premises covered by a manufacturer's permit, at the rates for the respective categories of alcoholic beverages listed below:
(1) (A) For sales occurring prior to July 1, 2023, beer, except as LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0090545 of 52 R02-SB.docx } Substitute Bill No.
905 provided in subdivision (2) of this section, seven dollars and twenty cents for each barrel, three dollars and sixty cents for each half barrel, onedollarandeightycentsforeachquarterbarrelandtwenty-fourcents per wine gallon or fraction thereof on quantities less than a quarter barrel;
and (B) For sales occurring on or after July 1, 2023, beer, except as provided in subdivision (2) of this section, six dollars for each barrel, three dollars for each half barrel, one dollar and fifty cents for each quarter barrel and twenty cents per wine gallon or fraction thereof on quantities less than a quarter barrel;
(2) Beer sold on the premises covered by a manufacturer's permit for off-premises consumption, three dollars and sixty cents for each barrel, one dollar and eighty cents for each half barrel, ninety cents for each quarter barrel and twelve cents per wine gallon or fraction thereof on quantities less than a quarter barrel;
(3) Liquor, five dollars and ninety-four cents per wine gallon;
(4) Still wines containing not more than twenty-one per cent of absolute alcohol, except as provided in subdivisions (8) and (9) of this section, seventy-nine cents per wine gallon;
(5) Still wines containing more than twenty-one per cent of absolute alcohol and sparkling wines, one dollar and ninety-eight cents per wine gallon;
(6) Alcohol in excess of [100] one hundred proof, five dollars and ninety-four cents per proof gallon;
(7) (A) Liquor coolers containing not more than seven per cent of alcohol by volume, two dollars and seventy-one cents per wine gallon;
and (B) For sales occurring on or after July 1, 2023, liquor coolers containing more than seven per cent of alcohol by volume produced by LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0046 of 52 R02-SB.docx } Substitute Bill No.
905 a person who produces not more than fifty thousand proof gallons of liquor during the calendar year, three dollars and fifty-seven cents per wine gallon;
(8) Still wine containing not more than twenty-one per cent of absolute alcohol, produced by a person who produces not more than fifty-five thousand wine gallons of wine during the calendar year, twenty cents per wine gallon, provided such person presents to each distributor of alcoholic beverages described in this section a certificate, issued by the commissioner, stating that such person produces not more than fifty-five thousand wine gallons of wine during the calendar year.
The commissioner is authorized to issue such certificates, prescribe the procedures for obtaining such certificates and prescribe their form;
and (9) Cider containing not more than seven per cent of absolute alcohol, seven dollars and ninety-two cents for each barrel, three dollars and ninety-six cents for each half barrel, one dollar and ninety-eight cents for each quarter barrel and twenty-six cents per wine gallon or fraction thereof on quantities less than a quarter barrel.
Sec.
20.
(A) In any area of a building or portion of a building, ownedPublic andAct operatedNo. or leased and operated by the state or any political subdivision of the state;
23-103 7 of 12 Substitute Senate Bill No.
905 owned and operated or leased and operated by the state or any political subdivision of the state;
(E) in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30- 22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area of an establishment with a permit for the sale of alcoholic liquor pursuant to section 30-22aa issued after May 1, 2003, and, on and after April 1, 2004, in any area of an establishment with a permit issued LCOfor {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-009047the sale of 52alcoholic R02-SB.docxliquor }pursuant Substituteto Billsection No.30-22a, as amended by this act, or 30-26;
905 for the sale of alcoholic liquor pursuant to section 30-22a, as amended by this act, or 30-26;
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Action History
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SIGNED BY GOVERNOR
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TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
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TRANSMITTED TO SECRETARY OF THE STATE
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PUBLIC ACT 23-103
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IN CONCURRENCE
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HOUSE PASSED, SEN. AMEND. SCH. A
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HOUSE ADOPTED SEN. AMEND. SCH. A
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RULES SUSPENDED
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HOUSE CALENDAR NUMBER 636
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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TRANSMITTED PURSUANT TO JOINT RULE 17
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED SEN. AMEND. SCH. A
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FAV. RPT., TAB. FOR CAL., SEN.
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NO NEW FILE BY COMM. ON Finance, Revenue and Bonding
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RPTD. OUT OF LCO
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FILED WITH LCO
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Joint Favorable
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REF. BY SEN. TO COMM. ON Finance, Revenue and Bonding
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FILE NO. 207
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SENATE CALENDAR NUMBER 132
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/22/23
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0131
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REF. TO JOINT COMM. ON General Law
Sponsors
- J. Sanchez · Primary
- David Michel · Primary
- Jason Perillo · Primary
- Geraldo C. Reyes · Primary
- Hubert D. Delany · Primary
- Raghib Allie-Brennan · Primary
- Travis Simms · Primary
Sponsorship breakdown
Export CSV (upgrade) →7 sponsors · 0 co-sponsors · 180 not signed on
Sponsors (7)
- Sanchez, J.
- Michel, David
- Jason Perillo Republican
- Geraldo C. Reyes Democratic
- Delany, Hubert D.
- Raghib Allie-Brennan Democratic
- Travis Simms Democratic
Co-sponsors (0)
None.
Not signed on (180)
180 members have not signed on to this bill.
Show all 180 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 905?
- SB 905 is sponsored by Sanchez, J., Michel, David, Jason Perillo (Republican), Geraldo C. Reyes (Democratic), Delany, Hubert D., Raghib Allie-Brennan (Democratic), and Travis Simms (Democratic).
- What is the current status of SB 905?
- This bill has been enacted into law. Introduced January 26, 2023. Enacted.
- Where can I track SB 905?
- Track SB 905 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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