HB 5236 — AN ACT CONCERNING RECOMMENDATIONS BY THE DEPARTMENT OF CONSUMER PROTECTION.

(f)24-142 Whenever6 an owner is awarded an order of restitution141 againstSubstitute anyHouse contractorBill or,No. if the contractor is a business entity, any individual who has an ownership interest in such contractor for loss or damages sustained by reason of performance of or offering to perform a home improvement in this state by a contractor holding a certificate or who has held a certificate under this chapter within two years of the date of entering into the contract with the owner, in a proceeding brought by the commissioner pursuant to this section or subsection (d) of section 42-110d, as amended by this act, or in a proceeding brought by the Attorney General pursuant to subsection (a) of section 42-110m or subsection (d) of section 42-110d, as amended by this act, or a criminal proceeding pursuant to section 20-427, such owner may, upon the final determination of, or expiration of time for, taking an appeal in connection with any such order of restitution, apply to the commissioner for an order directing payment out of said guaranty fund of the amount unpaid upon the order of restitution.

5236 amount unpaid upon the decision, judgment, order or decree for actual damages and costs taxed by the court against the contractor or, if the contractor is a business entity, a proprietor, exclusive of punitive damages.

(f) Whenever an owner is awarded an order of restitution against any contractor or, if the contractor is a business entity, any proprietor for loss or damages sustained by reason of performance of or offering to perform a home improvement in this state by a contractor holding a certificate or who has held a certificate under this chapter within two years of the date of entering into the contract with the owner, in a proceeding brought by the commissioner pursuant to this section or subsection (d) of section 42-110d, as amended by this act, or in a proceeding brought by the Attorney General pursuant to subsection (a) of section 42-110m or subsection (d) of section 42-110d, as amended by this act, or a criminal proceeding pursuant tosection 20-427, such owner may, upon the final determination of, or expiration of time for, taking an appeal in connection with any such order of restitution, apply to the commissioner for an order directing payment out of said guaranty fund of the amount unpaid upon the order of restitution.

(g) Whenever the commissioner orders payment to an owner out of the guaranty fund based upon a decision, court judgment, order or decree of restitution against any individualproprietor, whosuch hasproprietor been found to have violated any provision of chapter 399a and hasthe an ownership interest in a business entity holdingthat aholds certificate or that has held a certificate under this chapter within two years of the effective date of entering into the contract with the owner, such individual and the business entity that holds or held such certificate shall be jointly and severally liable for the resulting debt to the guaranty fund.

[(g)] (h) Before the commissioner may issue any order directing payment out of the guaranty fund to an owner pursuant to subsection (e) or (f) of this section, the commissioner shall first notify the contractor of the owner's application for an order directing payment out of the guaranty fund and of the contractor's right to a hearing to contest the LCOPublic 4Act of 66 Substitute Bill No.

523624-142 disbursementintheeventthatthecontractorhasalreadypaidtheowner7 orof is141 complyingSubstitute withHouse aBill paymentNo. schedule in accordance with a court judgment, order or decree.

5236 disbursement in the event that the contractor or proprietor has already paid the owner or is complying with a payment schedule in accordance with a court judgment, order or decree.

If the commissioner does not receive a request by certified mail from the contractor for a hearing not later than fifteen days after the contractor's receipt of such notice, the commissioner shall determine that the owner has not been paid, and the commissioner shall issue an order directing payment out of the guaranty fund for the amount unpaid upon the judgment, order or decree for actual damages and costs taxed by the court againstthecontractoragainst orindividualwhothe hasanownershipinterestcontractor inor theproprietor, contractor, exclusive of punitive damages, or for the amount unpaid upon the order of restitution.

[(h)] (i) The commissioner or [his] the commissioner's designee may proceed against any contractor holding a certificate or who has held a certificate under this chapter within the past two years of the effective date of entering into the contract with the owner, for an order of restitution arising from loss or damages sustained by any person by reasonreasonofsuchcontractor's ofor suchtheproprietor'sperformance contractor'soforoffering performancetoperformahomeimprovementinthisstate.Anysuchproceedingshall ofbe orheld offeringin toaccordance performwith athe homeprovisions improvementof inchapter this54. state.

AnyIn the course of such proceedingproceeding, thecommissioner or [his] the commissioner's designee shall bedecide heldwhether into accordanceexercise with[his] the provisionscommissioner's ofpowers chapterpursuant 54.to section 20-426, as amended by this act;

Inwhether theto courseorder ofrestitution sucharising proceeding,from thecommissionerloss or [his]thecommissioner'sdamages designeeshallsustained decideby whetherany toperson exerciseby [his]reason theof commissioner'ssuch powerscontractor's pursuantor proprietor's performance or offering to sectionperform 20-426,a ashome amendedimprovement byin this act;state;

whether to order restitution arising from loss or damages sustained by any person by reason of such contractor's performance or offering to perform a home improvement in this state;

Notwithstanding the provisions of chapterPublic 54,Act the decision of the commissioner or [his] the commissioner's designee shall be final with LCO 5 of 66 Substitute Bill No.

523624-142 respect8 to any proceeding to order payment out of the141 guarantySubstitute fundHouse andBill theNo. commissioner and [his] the commissioner's designee shall not be subject to therequirements of chapter 54 as they relate to appeal from any such decision.

The5236 chapter 54, the decision of the commissioner or [his] the commissioner's designee mayshall hearbe complaintsfinal with respect to any proceeding to order payment out of allthe ownersguaranty submittingfund claimsand againstthe acommissioner singleand contractor[his] inthe onecommissioner's proceeding.designee shall not be subject to the requirements of chapter 54 as they relate to appeal from any such decision.

The commissioneror [his]thecommissioner'sdesigneemayhearcomplaints of all owners submitting claims against a single contractor in one proceeding.

[(l)] (m) If the money deposited in the guaranty fund is insufficient to satisfy any duly authorized claim or portion thereof, the commissioner shall, when sufficient money has been deposited in the fund, satisfy suchPublic unpaidAct claimsNo. or portions thereof, in the order that such claims or portions thereof were originally determined.

[(m)]24-142 (n)9 Whenever the commissioner has caused any sum to be paid from the guaranty fund to an owner, the commissioner shall be LCO 6 of 66141 Substitute House Bill No.

5236 subrogatedsuch tounpaid allclaims ofor theportions rightsthereof, of the owner up to the amount paid plus reasonable interest, and prior to receipt of any payment from the guaranty fund, the owner shall assign all of this right, title and interest in the claimorder upthat to such amountclaims toor theportions commissioner,thereof andwere anyoriginally amountdetermined. and interest recovered by the commissioner on the claim shall be deposited to the guaranty fund.

[(n)][(m)] (o)(n) IfWhenever the commissioner ordershas caused any sum to be paid from the paymentguaranty fund to an owner, the commissioner shall be subrogated to all of anythe rights of the owner up to the amount aspaid aplus resultreasonable interest, and prior to receipt of aany claimpayment againstfrom athe contractor,guaranty fund, the commissionerowner shall determineassign ifall theof contractorthis isright, possessedtitle ofand assetsinterest liablein the claim up to besuch soldamount orto appliedthe incommissioner, satisfactionand ofany amount and interest recovered by the claimcommissioner on the claim shall be deposited to the guaranty fund.

[(n)] (o) If the commissioner orders the payment of any amount as a result of a guaranty fund claim against a contractor or proprietor, the commissioner shall determine if the contractor is possessed of assets liable to be sold or applied in satisfaction of the claim on the guaranty fund.

[(o)] (p) If the commissioner orders the payment of an amount as a result of a guaranty fund claim against a contractor,thecontractor, the commissioner may, after notice and hearing in accordance with the provisions of chapter 54, revoke the certificate of the contractor and the contractor shall not be eligible to receive a new or renewed certificate until [he] the contractor has repaid such amount in full, plus interest from the time said payment is made from the guaranty fund, at a rate to be in accordance with section 37-3b, except that the commissioner may, in [his] the commissioner's sole discretion, permit a contractor to receive a new or renewed certificate after that contractor has entered into an agreement with the commissioner whereby thecontractorthe agreestorepaytheguarantycontractor agrees to repay the guaranty fund in full in the form of periodic payments over a set period of time.

Any such agreement shall include a provision providing for the summary suspension of any and all certificates held byPublic theAct contractorNo. if payment is not made in accordance with the terms of the agreement.

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5236 by the contractor if payment is not made in accordance with the terms of the agreement.

3.4.

As used in this section and sections 20-501 to 20-529e, inclusive, as amended by this act, and section 45 of this act, unless the context LCOotherwise 7requires: of 66 Substitute Bill No.

5236 otherwise requires:

(B)Public TheAct recruitmentNo. of certified appraisers to be part of an appraiser panel, including, but not limited to, the negotiation of fees to be paid to, and services to be provided by, the certified appraisers for their participation on the appraiser panel;

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5236 (B) The recruitment of certified appraisers to be part of an appraiser panel, including, but not limited to, the negotiation of fees to be paid to, and services to be provided by, the certified appraisers for their participation on the appraiser panel;

(5)"Appraiserpanel"meansanetworkofappraiserswhoarecertified LCOin 8accordance with the requirements established by the commission by regulation, are independent contractors of 66an Substituteappraisal Billmanagement No.company and have:

5236 in accordance with the requirements established by the commission by regulation, are independent contractors of an appraisal management company and have:

(8) "Commission" means the Connecticut Real Estate Appraisal CommissionPublic appointedAct underNo. the provisions of section 20-502.

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5236 Commission appointed under the provisions of section 20-502.

LCO(B) 9Maintain detailed records of 66each Substituteappraisal Billrequest No.or order the appraisal management company receives and of the appraiser who performs such appraisal;

5236 (B) Maintain detailed records of each appraisal request or order the appraisal management company receives and of the appraiser who performs such appraisal;

or (C)Public MayAct exerciseNo. authority over, or direct themanagement or policies of, an appraisal management company.

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5236 (C) May exercise authority over, or direct themanagement or policies of, an appraisal management company.

[(13)] (14) "Financial institution" means a bank, out-of-state bank or institutionallender,anaffiliateorsubsidiaryofabank,out-of-statebank LCOor 10institutional oflender 66or Substituteanother Billlender No.licensed by the Department of Banking.

5236 or institutional lender or another lender licensed by the Department of Banking.

[(18)](19)"Provisionallicense"meansalicenseissuedtoaprovisional appraiser.Public Act No.

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5236 appraiser.

4.5.

(b) A federally regulated appraisal management company shall report totheDepartment ofConsumer Protection,inaformandmanner prescribed by the department, such information as the Commissioner of Consumer Protection is required to submit to the appraisal subcommittee of the Federal Financial Institutions Examination Council LCOpursuant 11to Title XI of 66FIRREA, Substituteany Billregulation No.promulgated thereunder or any policy or rule established by said subcommittee.

5236 pursuant to Title XI of FIRREA, any regulation promulgated thereunder or any policy or rule established by said subcommittee.

5.6.

(a)Public AnyAct personNo. who engages in the real estate appraisal business without obtaining a certification or provisional license, as the case may be, as provided in sections 20-500 to 20-528, inclusive, as amended by this act, shall be:

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5236 (a) Any person who engages in the real estate appraisal business without obtaining a certification or provisional license, as the case may be, as provided in sections 20-500 to 20-528, inclusive, as amended by this act, shall be:

6.7.

(a) No appraisal management company, [shall] other than a federally LCOregulated 12appraisal management company, shall, without first obtaining a registration from the Department of 66Consumer SubstituteProtection, Bill(1)engage No.or attempt to engage inbusiness as an appraisal management company in this state;

5236 regulated appraisal management company, shall, without first obtaining a registration from the Department of Consumer Protection, (1)engage or attempt to engage inbusiness as anappraisal management company in this state;

(2) if such company is domiciledPublic inAct anotherNo. state, the name, address and telephone number of the company's agent for service of process in this state, and the Uniform Consent to Service of Process form to be completed by the company;

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5236 domiciled in another state, the name, address and telephone number of the company's agent for service of process in this state, and the Uniform Consent to Service of Process form to be completed by the company;

7.8.

(a) Each appraisal management company, other than a federally regulated appraisal management company, shall certify annually to the commissioner that [it] such appraisal management company maintains a detailed record of each appraisal request or order [it] such appraisal LCOmanagement 13company ofreceives 66andof Substitutetheappraiser Billwho No.performs such appraisal.

5236 management company receives andof theappraiser who performs such appraisal.

(c) Each appraisal management company, other than a federally regulated appraisal management company, shall disclose to a client prior to providing, or along with, the appraisal report (1) the dollar amountPublic ofAct theNo. total compensation to be paid by such company to the appraiser who performed the appraisal;

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5236 amount of the total compensation to be paid by such company to the appraiser who performed the appraisal;

8.9.

(d) No employee, owner, controlling person,director, officer or agent LCOof 14an appraisal management company that is not a federally regulated appraisal management company shall intentionally influence, coerce or encourage or attempt to influence, coerce or encourage, an appraiser to misstate or misrepresent the value of 66a Substitutesubject Billproperty, No.by any means, including:

5236 of an appraisal management company that is not a federally regulated appraisal management company shall intentionally influence, coerce or encourage or attempt to influence, coerce or encourage, an appraiser to misstate or misrepresent the value of a subject property, by any means, including:

(2)Public WithholdingAct orNo. threatening to withhold business from, or demoting, terminating or threatening to demote or terminate, an appraiser;

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5236 (2) Withholding or threatening to withhold business from, or demoting, terminating or threatening to demote or terminate, an appraiser;

(9) Obtaining, using or paying for a subsequent appraisal or ordering LCOan 15automated ofvaluation 66model Substitutein Billconnection with a mortgage financing transaction unless (A) there is a reasonable basis to believe that the initial appraisal was flawed or tainted and such basis is clearly noted in such transaction file, or (B) such subsequent appraisal or automated valuation model is performed pursuant to a bona fide prefunding or postfunding appraisal review, loan underwriting or quality control Public Act No.

523624-142 an19 automatedof valuation141 modelSubstitute inHouse connectionBill withNo. a mortgage financing transaction unless (A) there is a reasonable basis to believe that the initial appraisal was flawed or tainted and such basis is clearly noted in such transaction file, or (B) such subsequent appraisal or automated valuation model is performed pursuant to a bona fide prefunding or postfunding appraisal review, loan underwriting or quality control process;

5236 process;

9.10.

(b) (1) Any appraiser who is removed from an appraiser panel of LCOan 16appraisal management company, other than a federally regulated appraisal management company, for alleged illegal conduct, violation of 66the SubstituteUSPAP Billor violation of state licensing standards may file a Public Act No.

523624-142 an20 appraisal management company, other than a federally regulated appraisal management company, for alleged illegal conduct, violation of the141 USPAPSubstitute orHouse violationBill ofNo. state licensing standards may file a complaint with the commissioner and request a review of the removal decision, except that the commissioner shall not make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the actions specified in subsection (a) of this section.

5236 complaint with the commissioner and request a review of the removal decision, except that the commissioner shall not make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the actions specified in subsection (a) of this section.

10.11.

Upon a LCOPublic 17Act of 66 Substitute Bill No.

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11.12.

The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to carry out the provisions of sections 20- 529 to [20-529c] 20-529d, inclusive, as amended by this act, and section 4 of this act.

12.13.

(3) (A) In ordering an owner of a mobile manufactured home park to obtainPublic anAct independent inspection report under this subsection, the department may require (i) the person completing such report to have LCO 18 of 66 Substitute Bill No.

523624-142 training22 or be licensed in a particular area related to the ordered inspection, and (ii) that such report specifically address particular areas of, or issues affecting, the park that are of concern141 toSubstitute theHouse department.Bill No.

5236 obtain an independent inspection report under this subsection, the department may require (i) the person completing such report to have training or be licensed in a particular area related to the ordered inspection, and (ii) that such report specifically address particular areas of, or issues affecting, the park that are of concern to the department.

(4) If the department orders a mobile manufactured home park owner to obtain an independent inspection report as part of the owner's application for a license, or for renewal of a license, to operate a mobile manufactured home park, the department shall issue such order to such owner at thetheelectronic electronic mailaddress such owner most recently provided to the department in such owner's application.

(6) Each independent inspection report required under this subsection shall include (A) an assessment of (i) all conditions outlined inPublic theAct department's order requiring such report that impact public health and safety for the purpose of assessing the risk that such conditions pose to public health and safety, and (ii) the severity of the conditions described in subparagraph (A)(i) of this subdivision, and (B) a detailed plan of action to remedy each condition described in LCO 19 of 66 Substitute Bill No.

523624-142 subparagraph23 (A)(i) of this141 subdivision.Substitute House Bill No.

5236 in the department's order requiring such report that impact public health and safety for the purpose of assessing the risk that such conditions pose to public health and safety, and (ii) the severity of the conditions described in subparagraph (A)(i) of this subdivision, and (B) a detailed plan of action to remedy each condition described in subparagraph (A)(i) of this subdivision.

13.14.

If the department elects to accept aPublic renewalAct applicationNo. during such period, the applicant shall pay any late fee imposed by the commissioner under subsection (c) of this section but shall not be required to apply for reinstatement under subsection (e) of this section.

No24-142 holder24 of any141 lapsed license, permit, certificate or registration shall engage in any activity for which an active license, permit, certificate or registration is required unless the departmenthasapprovedarenewalapplicationforsuchlicense,permit, LCO 20 of 66 Substitute House Bill No.

5236 certificatea orrenewal registration.application during such period, the applicant shall pay any late fee imposed by the commissioner under subsection (c) of this section but shall not be required to apply for reinstatement under subsection (e) of this section.

No holder of any lapsed license, permit, certificate or registration shall engage in any activity for which an active license, permit, certificate or registration is required unless the departmenthasapprovedarenewalapplicationforsuchlicense,permit, certificate or registration.

If a license, permit, certificate or registration haslapsed for longerthanthreeyearsafter thelicense, permit,certificate orPublic registrationAct expirationNo. date or the length of time specified in any other provision of the general statutes allowing for reinstatement, whichever is longer, the applicant shall apply for a new license, permit, certificate or registration under this subsection.

24-142 25 of 141 Substitute House Bill No.

5236 or registration expiration date or the length of time specified in any other provision of the general statutes allowing for reinstatement, whichever is longer, the applicant shall apply for a new license, permit, certificate or registration under this subsection.

(f) Unless expressly provided otherwise by law, application fees for a LCOlicense, 21permit, certificate or registration within the purview of 66the SubstituteDepartment Billof No.Consumer Protection shall be nonrefundable.

5236 license, permit, certificate or registration within the purview of the Department of Consumer Protection shall be nonrefundable.

14.15.

(B)Anyperson[who,orassociation,corporation,firmorpartnership] that [,] uses an electronic pricing system to total a retail consumer's purchases shall provide to such consumer an item-by-item digital display, plainly visible to suchconsumer aseachuniversal product code is scanned, of the price of each carbonated soft drink container or consumer commodity, or both, which such consumer has selected for purchase before such person [, association, corporation, firm or partnership]Public acceptsAct paymentNo. from such consumer for such carbonated soft drink container or consumer commodity, or both.

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5236 partnership] accepts payment from such consumer for such carbonated soft drink container or consumer commodity, or both.

(2) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply if (A) the Commissioner of Consumer Protection, by regulation, allows for the use of electronic shelf labeling systems, (B) the commissioner grants to a person [, association, corporation, firm or partnership] approval to use an electronic shelf labeling system, (C) the person [, association, corporation, firm or LCOpartnership] 22demonstrates, ofto 66the Substitutecommissioner's Billsatisfaction, No.that such electronic shelf labeling system is supported by an electronic pricing system that uses universal product coding to total a retail consumer's purchases, and (D) such person [, association, corporation, firm or partnership] has received the commissioner's approval for such an electronic pricing system.

5236 partnership] demonstrates, to the commissioner's satisfaction, that such electronic shelf labeling system is supported by an electronic pricing system that uses universal product coding to total a retail consumer's purchases, and (D) such person [, association, corporation, firm or partnership] has received the commissioner's approval for such an electronic pricing system.

(4) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply to a person [, association, corporation, firm or partnership] if (A) the person [, association, corporation, firm or partnership]Public appliesAct for, and the Commissioner of Consumer Protection approves, an exemption for such person, [association, corporation, firm or partnership,] (B) such person [, association, corporation, firm or partnership] demonstrates, to the commissioner's satisfaction, that such person [, association, corporation, firm or partnership] has achieved price scanner accuracy of at least ninety-eight per cent, as determined by the latest version of the National Institute of Standards and Technology Handbook 130, "Examination Procedures for Price Verification", as adopted by The National Conference on Weights and Measures, (C) such person [, association, corporation, firm or partnership] pays an application fee, to be used to offset annual inspectioncosts,ofthreehundredfifteendollars,ifthepremisesconsists of less than twenty thousand square feet of retail space, or six hundred twenty-five dollars, if the premises consists of at least twenty thousand LCO 23 of 66 Substitute Bill No.

523624-142 square27 feet of retail141 space,Substitute (D)House suchBill personNo. [, association, corporation, firm or partnership] makes available a consumer price test scanner that is approved by the commissioner and located prominently in an easily accessible location for each twelve thousand square feet of retail floor space, or fraction thereof, and (E) price accuracy inspections resulting in less than ninety-eight per cent price scanner accuracy are reinspected, [without penalty, and such person, association, corporation, firm or partnership pays] which reinspection shall be performed following receipt of payment of a two-hundred-fifty-dollar reinspection fee paid by such person.

5236 partnership] applies for, and the Commissioner of Consumer Protection approves, an exemption for such person, [association, corporation, firm or partnership,] (B) such person [, association, corporation, firm or partnership] demonstrates, to the commissioner's satisfaction, that such person [, association, corporation, firm or partnership] has achieved price scanner accuracy of at least ninety-eight per cent, as determined by the latest version of the National Institute of Standards and Technology Handbook 130, "Examination Procedures for Price Verification", as adopted by The National Conference on Weights and Measures, (C) such person [, association, corporation, firm or partnership] pays an application fee, to be used to offset annual inspectioncosts,ofthreehundredfifteendollars,ifthepremisesconsists of less than twenty thousand square feet of retail space, or six hundred twenty-five dollars, if the premises consists of at least twenty thousand square feet of retail space, (D) such person [, association, corporation, firm or partnership] makes available a consumer price test scanner that is approved by the commissioner and located prominently in an easily accessible location for each twelve thousand square feet of retail floor space, or fraction thereof, and (E) price accuracy inspections resulting in less than ninety-eight per cent price scanner accuracy are reinspected, [without penalty, and such person, association, corporation, firm or partnership pays] which reinspection shall be performed following receipt of payment of a two-hundred-fifty-dollar reinspection fee paid by such person.

(6)Public ConsumerAct commoditiesNo. that are advertised in a publicly circulated printed form as being offered for sale at a reduced retail price for a minimum seven-day period need not be individually marked at such reduced retail price, provided such consumer commodities are individually marked with their regular retail price and a conspicuous sign adjacent to such consumer commodities discloses (A) such reduced retail price and the unit price of such consumer commodities, and (B) a statement disclosing that the cashier will electronically price such consumer commodities at such reduced price.

24-142 28 of 141 Substitute House Bill No.

5236 (6) Consumer commodities that are advertised in a publicly circulated printed form as being offered for sale at a reduced retail price for a minimum seven-day period need not be individually marked at such reduced retail price, provided such consumer commodities are individually marked with their regular retail price and a conspicuous sign adjacent to such consumer commodities discloses (A) such reduced retail price and the unit price of such consumer commodities, and (B) a statement disclosing that the cashier will electronically price such consumer commodities at such reduced price.

A conspicuous sign shall adequately disclose to the consumer that in the event the electronic price is higher than the posted retail price, one item of such consumer LCOcommodity 24shall ofbe 66given Substituteto Billthe No.consumer at no cost to the consumer.

5236 commodity shall be given to the consumer at no cost to the consumer.

If a person [, association,Public corporation,Act firmNo. or partnership] offers a consumer commodity for sale at a reduced price for a specified time period, and a sign disclosing such reduced price remains adjacent to the consumer commodity following expiration of such time period, the person [, association, corporation, firm or partnership] shall only require a consumer to pay the reduced price disclosed in such sign for such consumer commodity.

24-142 29 of 141 Substitute House Bill No.

5236 association, corporation, firm or partnership] offers a consumer commodity for sale at a reduced price for a specified time period, and a sign disclosing such reduced price remains adjacent to the consumer commodity following expiration of such time period, the person [, association, corporation, firm or partnership] shall only require a consumer to pay the reduced price disclosed in such sign for such consumer commodity.

(2) The Commissioner of Consumer Protection may adopt regulations,inaccordancewiththeprovisionsofchapter54,designating not more than twelve consumer commodities that need not be marked in accordance with the provisions of subdivision (1) of subsection (b) of thissectionand specifying themethod ofproviding adequate disclosure to consumers to ensure that the electronic pricing of the designated LCOconsumer 25commodities ofis 66accurate. Substitute Bill No.

5236 consumer commodities is accurate.

(d) The Commissioner of Consumer Protection, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may issue a warning citation to, or impose a civil penalty of not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense on, any person [who, or association, corporation, firm or partnership] that [,] violates any provisionofsubsection(b)ofthissection, or anyregulationadopted pursuantPublic toAct subsectionNo. (c) of this section.

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5236 pursuant to subsection (c) of this section.

15.16.

16.17.

(a) Whenever the commissioner or [his] the commissioner's LCOauthorized 26agent finds, or has probable cause to believe, that any food, drug, device or cosmetic is offered or exposed for sale, or held in possessionwithintent to distributeorsell,orisintendedfor distribution or sale in violation of 66any Substituteprovision Billof No.this chapter, whether [it] such article is in the custody of a common carrier or any other person, [he] the commissioner or such agent may affix to such article a tag or other appropriate marking, giving written notice, prior to or at the time such article is embargoed, that such article is, or is suspected of being, in violation of this chapter and has been, or shall be, embargoed.

5236[Within] authorizedNot agentlater finds,than ortwenty-one hasdays probableafter causean toembargo believe,has thatbeen anyplaced food,upon drug, device or cosmetic is offered or exposed for sale, or held in possessionwithintent to distributeorsell,orisintendedfor distribution or sale in violation of any provisionarticle, ofunless this chapter, whether [it] such article is in the custodycommissioner ofextends a common carrier or any other person, [he] the commissionerembargo orperiod suchbased agentupon may affix to such article a tagreinspection orwhich otherindicates appropriate marking, giving written notice, prior to or at the timecontinuation such article is embargoed, that such article is, or is suspected of being,violation, inthe violationPublic ofAct thisNo. chapter and has been, or shall be, embargoed.

[Within]24-142 Not31 later than twenty-one days after an embargo has been placed upon any article, unless the commissioner extends the embargo period based upon a reinspection which indicates the continuation of violation,141 theSubstitute commissionerHouse shallBill removeNo. the embargo [shall be removed by the commissioner] or bring a summary proceeding [for the confiscation of the article shall be instituted by the commissioner] pursuant to chapter 54, or institute a civil action in the Superior Court, to embargo such article.

5236 commissioner shall remove the embargo [shall be removed by the commissioner] or bring a summary proceeding [for the confiscation of the article shall be instituted by the commissioner] pursuant to chapter 54, or institute a civil action in the Superior Court, to embargo such article.

(1) A particular description of the article, (2) the name of the place where the article is located, (3) the name of the person in whose possession or custody the article was found, if LCOsuch 27name ofis 66known Substituteto Billthe No.person making the complaint or can be ascertained by reasonable effort, and (4) a statement as to the manner in which the article is adulterated or misbranded or the characteristics which render its distribution or sale illegal.

5236[(d) suchUpon namethe isfiling knownof to the personverified makingcomplaint, the complaintcourt orshall canissue bea ascertainedwarrant bydirected reasonableto effort,the andproper (4)officer ato statementseize asand totake in his possession the mannerarticle described in which the articlecomplaint isand adulteratedbring orthe misbrandedsame orbefore the characteristicscourt which renderissued itsthe distributionwarrant orand saleto illegal.summon the person named inthe warrant, and any other person found in possession of the article, to Public Act No.

[(d)24-142 Upon32 the filing of the141 verifiedSubstitute complaint,House theBill courtNo. shall issue a warrant directed to the proper officer to seize and take in his possession the article described in the complaint and bring the same before the court which issued the warrant and to summon the person named inthe warrant, and any other person found in possession of the article, to appear at the time and place therein specified.

5236 appear at the time and place therein specified.

In the event of an adverse ruling against the respondent or defendant, the respondent or LCOdefendant 28shall be liable for all costs and expenses incurred by the department in investigating, containing, removing, monitoring, mitigating and disposing of 66the Substituteembargoed Billproduct No.as well as any legal expenses associated therewith.

5236 defendant shall be liable for all costs and expenses incurred by the department in investigating, containing, removing, monitoring, mitigating and disposing of the embargoed product as well as any legal expenses associated therewith.

[(i) If the article seized is not injurious to health and is of such characterPublic that,Act whenNo. properly packed, marked, branded or otherwise brought into compliance with the provisions of this chapter, its sale would not be prohibited, the court may order such article delivered to the owner upon the payment of the costs of the proceedings and the execution and delivery to the state department instituting the proceedings, as obligee, of a good and sufficient bond to the effect that such article will be brought into compliance with the provisions of this chapter under the supervision of said department, and the expenses of such supervision shall be paid by the owner obtaining release of the article under bond.] [(j)] (e) Whenever the commissioner or any of [his] the commissioner's authorized agents finds, in any room, building, other structure or vehicle of transportation, [or other structure,] any meat, seafood, poultry, vegetable, fruit or other perishable article which is unsound, or contains any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the commissioner, or [his] the commissioner's authorized agent, shall forthwith [condemn] embargo or destroy the same, or in any other manner render the same unsalable as a human food.

(f)24-142 Whenever33 the commissioner or any of the141 commissioner's authorized agents finds, in any room, building, other structure or vehicle of transportation, any drug or device, as defined in section 21a- 92, or drug paraphernalia, as defined in section 21a-240, which is adulterated or insanitary, is produced, packed or held under insanitary conditions, is unsafe or not shown to be safe, may be contaminated by filth or may be deleterious or injurious to health, the commissioner, or the commissioner's authorized agent, shall forthwith embargo or LCO 29 of 66 Substitute House Bill No.

5236 destroycharacter that, when properly packed, marked, branded or otherwise brought into compliance with the provisions of this chapter, its sale would not be prohibited, the court may order such drug,article devicedelivered to the owner upon the payment of the costs of the proceedings and the execution and delivery to the state department instituting the proceedings, as obligee, of a good and sufficient bond to the effect that such article will be brought into compliance with the provisions of this chapter under the supervision of said department, and the expenses of such supervision shall be paid by the owner obtaining release of the article under bond.] [(j)] (e) Whenever the commissioner or drugany paraphernaliaof [his] the commissioner's authorized agents finds, in any room, building, other structure or vehicle of transportation, [or other structure,] any meat, seafood, poultry, vegetable, fruit or other perishable article which is unsound, or contains any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the commissioner, or [his] the commissioner's authorized agent, shall forthwith [condemn] embargo or destroy the same, or in any other manner render suchthe drug,same deviceunsalable oras druga paraphernaliahuman unsalable.food.

[(k)](f) (g)Whenever Thethe commissioner may,or afterany noticeof andthe hearing,commissioner's imposeauthorized aagents civilfinds, penaltyin ofany notroom, morebuilding, thanother [fivestructure hundred]or fivevehicle thousandof dollarstransportation, forany eachdrug separateor offensedevice, onas anydefined personin whosection removes21a- any92, tag or otherdrug appropriateparaphernalia, markingas affixeddefined toin ansection article,21a-240, which is adulterated or whoinsanitary, offersis produced, packed or exposesheld anunder articleinsanitary forconditions, sale,is whichunsafe hasor beennot embargoedshown [orto condemned]be insafe, accordancemay withbe thecontaminated provisionsby offilth thisor section,may withoutbe thedeleterious permissionor ofinjurious to health, the commissionercommissioner, or [his] the commissioner's agent.authorized agent, shall forthwith embargo or destroy such drug, device or drug paraphernalia or in any other manner render such drug, device or drug paraphernalia unsalable.

[(k)] (g) The commissioner may, after notice and hearing, impose a civil penalty of not more than [five hundred] five thousand dollars for Public Act No.

24-142 34 of 141 Substitute House Bill No.

5236 each separate offense on any person who removes any tag or other appropriate marking affixed to an article, or who offers or exposes an article for sale, which has been embargoed [or condemned] in accordance with the provisions of this section, without the permission of the commissioner or [his] the commissioner's agent.

17.18.

18.19.

Cancellation shall be without LCOliability 30on the part of 66the Substitutebuyer, Billexcept for the fair market value of services actually received and the buyer shall be entitled to a refund of Public Act No.

523624-142 liability35 on the part of the141 buyer,Substitute exceptHouse forBill theNo. fair market value of services actually received and the buyer shall be entitled to a refund of the entire consideration paid for the contract, if any, less the fair market value of the services or use of facilities already actually received.

5236 the entire consideration paid for the contract, if any, less the fair market value of the services or use of facilities already actually received.

19.20.

(a) A copy of the health club contract shall be delivered to the buyer atPublic theAct timeNo. the contract is signed.

All24-142 health36 club contracts shall (1) be in LCO 31 of 66141 Substitute House Bill No.

5236 writing and signed by the buyer, (2) designate the date on which the buyer actually signs the contract, (3) identify the address of the location at which the buyertime entered the contract,contract andis (4)signed. contain a statement of the buyer's rights which complies with this section.

All health club contracts shall (1) be in writing and signed by the buyer, (2) designate the date on which the buyer actually signs the contract, (3) identify the address of the location at which the buyer entered the contract, and (4) contain a statement of the buyer's rights which complies with this section.

After you cancel, the health club may request the return of all contracts, membership cards and other documents of evidenceevidenceofmembership.]Thenoticemustbe ofdeliveredormailedbefore membership] The notice must be delivered or mailed before midnight of the third business day after you sign this contract.

This contract may also be cancelled if you] (2)Public YouAct die;No.

[,24-142 or37 if the] or (3)The health club ceasesoperationat thelocationwhere youentered LCO 32 of 66141 Substitute House Bill No.

5236 into(2) thisYou contractdie; or the location closest to your primary residence.

[, or if the] or (3)The health club ceasesoperationat thelocationwhere youentered into this contract or the location closest to your primary residence.

Each contract renewed on or after October 1, 2021, shall revise the BUYER'S RIGHT TO CANCEL language to provide for cancellation notices received by electronic mail.] (b) If a buyer cancels a health club contract pursuant to the three-day cancellation provision or as a result of having moved further than twenty-five miles, or as a result of the health club ceasing operation at the location where the buyer entered into the contract or the location closest to the buyer's primary residence as provided by this chapter, the healthPublic clubAct shallNo. send the buyer a written confirmation of cancellation within fifteen days after receipt by the health club of the buyer's cancellation notice.

24-142 38 of 141 Substitute House Bill No.

5236 health club shall send the buyer a written confirmation of cancellation within fifteen days after receipt by the health club of the buyer's cancellation notice.

LCO[(c) 33(1) If the buyer notifies the health club that he has become disabled, the health club shall notify the buyer in writing within fifteen days of 66receipt Substituteby Billthe No.health club of the buyer's notice of disability and any certificate signed by a licensed physician, physician assistant or a licensed advanced practice registered nurse which may be required under subsection (a) of this section that:

5236 [(c) (1) If the buyer notifies the health club that he has become disabled, the health club shall notify the buyer in writing within fifteen days of receipt by the health club of the buyer's notice of disability and any certificate signed by a licensed physician, physician assistant or a licensed advanced practice registered nurse which may be required under subsection (a) of this section that:

(1) A buyer who is disabled for a period less than the full remaining term of the contract shall only be liable for a pro-rata portion of the contract price equal to the total number of weeks specified in the contractPublic lessAct theNo. number of weeks after the date on which the disability first occurred, thedifference being dividedby thetotalnumber ofweeks specified in the contract and the result of that division being multiplied by the total contract price.

(2)24-142 A39 buyer who is disabled for thefull remaining termof thecontract shall only be liable for a pro-rata portion of the141 contract price equal to the number of complete weeks before the date the disability first LCO 34 of 66 Substitute House Bill No.

5236 occurredcontract forless which the servicesnumber orof facilitiesweeks wereafter madethe availabledate toon which the buyerdisability dividedfirst byoccurred, thethedifference totalbeing numberdividedby ofthetotalnumber weeksofweeks specified in the contract withand the result of that division being multiplied by the total contract price.

(2) A buyer who is disabled for thefull remaining termof thecontract shall only be liable for a pro-rata portion of the contract price equal to the number of complete weeks before the date the disability first occurred for which the services or facilities were made available to the buyer divided by the total number of weeks specified in the contract with the result being multiplied by the total contract price.

[(e)] (d) In any cancellation of a health club service contract the buyer shall not be liable for any payment to the seller if the services received by the buyer are as a result of a representation by the health club to the buyer that such services are to be received free or if the buyer received servicesPublic atAct aNo. health club as a result of a representation by the health club tothebuyerthatsuchservicesaretobereceivedatareducedordiscount price, the buyer shall only be liable as a result of his cancellation for an amount equal to that which was represented to the buyer that [he] such buyer would have to pay.

24-142 40 of 141 Substitute House Bill No.

5236 services at a health club as a result of a representation by the health club tothebuyerthatsuchservicesaretobereceivedatareducedordiscount price, the buyer shall only be liable as a result of his cancellation for an amount equal to that which was represented to the buyer that [he] such buyer would have to pay.

20.21.

Subsection (c) of section 21a-219 of the general statutes is LCOrepealed 35and ofthe 66following Substituteis Billsubstituted No.in lieu thereof (Effective from passage):

5236 repealed and the following is substituted in lieu thereof (Effective from passage):

21.22.

Application for such license shall be made on forms provided by the Commissioner of Consumer Protection and saidPublic commissionerAct shallNo. require as a condition to the issuance and renewal of any license obtained under this chapter (1) that the applicant provide for and maintain on the premises of the health club sanitary facilities;

(2)24-142 that41 the applicant, on and after October 1, 2022, (A) (i) provide and maintain in a readily accessible location on the premises of the141 health club at least one automatic external defibrillator, as defined in section 19a-175, and (ii) make such location known to employees of suchhealthclub, (B)ensure that at least oneemployee isonthepremises of such health club during staffed business hours who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, (C) maintain and test the automatic external defibrillator in accordance with the manufacturer's LCO 36 of 66 Substitute House Bill No.

5236 guidelines,said andcommissioner (D)shall promptlyrequire notifyas a localcondition emergencyto medicalthe servicesissuance providerand afterrenewal eachof useany license obtained under this chapter (1) that the applicant provide for and maintain on the premises of suchthe automatichealth externalclub defibrillator;sanitary facilities;

(2) that the applicant, on and after October 1, 2022, (A) (i) provide and maintain in a readily accessible location on the premises of the health club at least one automatic external defibrillator, as defined in section 19a-175, and (ii) make such location known to employees of suchhealthclub, (B)ensure that at least oneemployee isonthepremises of such health club during staffed business hours who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, (C) maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, and (D) promptly notify a local emergency medical services provider after each use of such automatic external defibrillator;

22.23.

[(f)Public TheAct commissionerNo. shall proceed upon such application and shall hold a hearing in accordance with the provisions of chapter 54.

24-142 42 of 141 Substitute House Bill No.

5236 [(f) The commissioner shall proceed upon such application and shall hold a hearing in accordance with the provisions of chapter 54.

LCO(2) 37If a health club described in subdivision (1) of 66this Substitutesubsection Billrequests No.a hearing, the commissioner shall grant such request and conduct the hearing in accordance with the provisions of chapter 54 if the health club submits such request (A) in writing, and (B) not later than fifteen days after the health club receives the notice issued by the commissioner pursuant to subdivision (1) of this subsection.

5236 (2) If a health club described in subdivision (1) of this subsection requests a hearing, the commissioner shall grant such request and conduct the hearing in accordance with the provisions of chapter 54 if the health club submits such request (A) in writing, and (B) not later than fifteen days after the health club receives the notice issued by the commissioner pursuant to subdivision (1) of this subsection.

(g) After hearing, the commissioner shall issue an order requiring payment from the guaranty fund of any sum [he] the commissioner findsPublic toAct beNo. payable upon such application.

24-142 43 of 141 Substitute House Bill No.

5236 finds to be payable upon such application.

LCO(j) 38The commissioner may, in order to preserve the integrity of 66the Substituteguaranty Billfund, No.order payments to be made out of said fund for amounts less than the actual loss incurred by any buyer of a health club contract.

5236 (j) The commissioner may, in order to preserve the integrity of the guaranty fund, order payments to be made out of said fund for amounts less than the actual loss incurred by any buyer of a health club contract.

(l) Notwithstanding any provision of the general statutes to the contrary, the commissioner may prohibit a health club from making paymentsPublic toAct theNo. Connecticut Health Club Guaranty Fund if, in the opinion of the commissioner, the health club within the past five years has engaged in any unfair or deceptive trade practices under subsection (a) of section 42-110b, has engaged in any conduct of a character likely to mislead, deceive or defraud the buyer, the public or the commissioner, or has violated any of the provisions this chapter.

24-142 44 of 141 Substitute House Bill No.

5236 payments to the Connecticut Health Club Guaranty Fund if, in the opinion of the commissioner, the health club within the past five years has engaged in any unfair or deceptive trade practices under subsection (a) of section 42-110b, has engaged in any conduct of a character likely to mislead, deceive or defraud the buyer, the public or the commissioner, or has violated any of the provisions this chapter.

23.24.

(a) When any health club is closing or transferring its place of LCObusiness 39to ofanother 66location, Substitutethe Billhealth No.club [, at least sixty days before closing or transferring,] shall:

5236 business to another location, the health club [, at least sixty days before closing or transferring,] shall:

Not later than one business day after the health club providesPublic theAct writtenNo. notice disclosing such closing or transfer to all current members, the health club shall provide to the department an electronic copy of such written notice.

24-142 45 of 141 Substitute House Bill No.

5236 provides the written notice disclosing such closing or transfer to all current members, the health club shall provide to the department an electronic copy of such written notice.

24.25.

(b) With respect to matters related to the purity, potability and safeguarding of well water under section 19a-37, where a local director of health finds that compliance with all requirements of this chapter or regulations adopted pursuant thereto would result in undue hardship, an exemption from one or more of such requirements may be granted by the local director of health upon a finding by such local director of health that such exemption can be granted without adversely affecting LCOthe 40purity ofand 66adequacy Substituteof Billthe No.well water.

5236 the purity and adequacy of the well water.

25.26.

(2) check the invoices and records pertaining toPublic costsAct andNo. other transactions of commodities;

24-142 46 of 141 Substitute House Bill No.

5236 to costs and other transactions of commodities;

Notwithstanding subsection (f) of this section, responses to investigative demands issued under this subsection may LCObe 41withheld offrom 66public Substitutedisclosure Billduring No.the full pendency of the investigation.

5236(d) beSaid withheldcommissioner, fromin publicconformance disclosurewith duringsections 4-176e to 4-185, inclusive, whenever the fullcommissioner pendencyhas reason to believe that any person has been engaged or is engaged in an alleged violation of theany investigation.provision of this chapter, shall [mail] deliver to such person, [by Public Act No.

(d)24-142 Said47 commissioner, in conformance with sections 4-176e to 4-185, inclusive, whenever the commissioner has reason to believe that any person has been engaged or is engaged in an alleged violation of any141 provisionSubstitute ofHouse thisBill chapter,No. shall [mail] deliver to such person, [by certified mail] in a manner that is sufficient to effectuate notice as set forth in section 21a-2, a complaint stating the charges and containing a notice of a hearing, to be held upon a day and at a place therein fixed at least fifteendays after thedate ofsuch complaint.The person so notified shall have the right to file a written answer to the complaint and charges thereinstated andappear atthetime andplace so fixedforsuchhearing, in person or otherwise, with or without counsel, and submit testimony and be fully heard.

5236 certified mail] in a manner that is sufficient to effectuate notice as set forth in section 21a-2, a complaint stating the charges and containing a notice of a hearing, to be held upon a day and at a place therein fixed at least fifteendays after thedate ofsuch complaint.The person so notified shall have the right to file a written answer to the complaint and charges thereinstated andappear atthetime andplace so fixedforsuchhearing, in person or otherwise, with or without counsel, and submit testimony and be fully heard.

The commissioner may impose a civil penalty, in an amount not to exceed the amount set forth in subsection (b) of section 42-110o, after a hearing conducted pursuant to chapter 54, or, if the amount involved is less than ten thousand dollars, LCOan 42order ofdirecting 66restitution, Substituteor Billboth. No.

5236The ancommissioner may apply for the enforcement of any cease and desist order, civil penalty, order directing restitution,restitution or both.consent order issued or imposed under this chapter to the superior court for the judicial district of Hartford, or to any judge thereof if the same is not in session, for [orders] an order Public Act No.

The24-142 commissioner48 may apply for the enforcement of any141 ceaseSubstitute andHouse desistBill order,No. civil penalty, order directing restitution or consent order issued or imposed under this chapter to the superior court for the judicial district of Hartford, or to any judge thereof if the same is not in session, for [orders] an order temporarily [and] or permanently restraining and enjoining any person from continuing [violations] any violation of such cease and desist order, an order directing payment of any civil penalty or restitution or a consent order.

5236 temporarily [and] or permanently restraining and enjoining any person from continuing [violations] any violation of such cease and desist order, an order directing payment of any civil penalty or restitution or a consent order.

26.27.

(A) Post such LCOpolicyonsuchperson'spremisesifsuchpersonconductsin-personsales 43 of 66goods; Substitute Bill No.

5236 policyonsuchperson'spremisesifsuchpersonconductsin-personsales of goods;

and (C) verbally disclose suchPublic policyAct ifNo. such person conducts verbal sales of goods, including, but not limited to, sales of goods by telephone.

24-142 49 of 141 Substitute House Bill No.

5236 such policy if such person conducts verbal sales of goods, including, but not limited to, sales of goods by telephone.

[Such] (2) The written termination notice provided pursuant to LCOsubparagraph 44(B) of 66subdivision Substitute(1) Billof this subsection shall not affect Public Act No.

523624-142 subparagraph50 (B) of subdivision141 (1)Substitute ofHouse thisBill subsectionNo. shall not affect [such] the consumer's right to return any goods purchased by such consumer or purchased for the benefit of such consumer prior to the date of such notice, if such consumer has a valid receipt evidencing a purchase date for such goods that is prior to the date such consumer receives such notice.

5236 [such] the consumer's right to return any goods purchased by such consumer or purchased for the benefit of such consumer prior to the date of such notice, if such consumer has a valid receipt evidencing a purchase date for such goods that is prior to the date such consumer receives such notice.

27.28.

(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a commonPublic carrier,Act orNo. (iii) any person engaged in the business of furnishing transportation, travel or vacation services.

LCO24-142 4551 of 66141 Substitute House Bill No.

5236 (2)common "Chargecarrier, card"or (A)(iii) means any card,person deviceengaged orin instrument that (i) is issued, with or without a fee, to a holder and requires the holderbusiness to pay the full outstanding balance due on such card, device or instrument at the end of eachfurnishing standardtransportation, billingtravel cycle established by the issuer of such card, device or instrument,vacation andservices. (ii) may be used by the holder in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value, and (B) includes, but is not limited to, any software application that (i) is used to store a digital form of such card, device or instrument, and (ii) may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing.

(2) "Charge card" (A) means any card, device or instrument that (i) is issued, with or without a fee, to a holder and requires the holder to pay the full outstanding balance due on such card, device or instrument at the end of each standard billing cycle established by the issuer of such card, device or instrument, and (ii) may be used by the holder in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value, and (B) includes, but is not limited to, any software application that (i) is used to store a digital form of such card, device or instrument, and (ii) may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing.

(4) (A) "Debit card" (i) means any card, code, device or other means of access, or any combination thereof, that (I) is authorized or issued for use to debit an asset account held, directly or indirectly, by a financial institution, and (II) may be used in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value regardless of whetherPublic suchAct card, code, device, means or combination is known as a debit card, and (ii) includes, but is not limited to, (I) any software application that is used to store a digital form of such card, code, device or other means of access, or any combination thereof, that may be used in a transaction to receive such services or lease, purchase or rent any LCO 46 of 66 Substitute Bill No.

523624-142 such52 property,of article,141 commoditySubstitute orHouse thing,Bill andNo. (II) any cards, codes, devicesor other meansofaccess,or any combinationthereof,commonly known as automated teller machine cards and payroll cards.

5236 whether such card, code, device, means or combination is known as a debit card, and (ii) includes, but is not limited to, (I) any software application that is used to store a digital form of such card, code, device or other means of access, or any combination thereof, that may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing, and (II) any cards, codes, devicesor other meansofaccess,or any combinationthereof,commonly known as automated teller machine cards and payroll cards.

(B) "Transaction" does not mean payment of any (i) fees, costs, fines or other charges to a state agency authorized by the Secretary of the Office of Policy and Management under section 1-1j, (ii) taxes, penalties, interest and fees allowed by the Commissioner of Revenue Services in accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or other charges, to a municipality in accordance with section 12-141a, (iv) fees, costs, fines or other charges to the Judicial Branch in accordance withPublic sectionAct 51-193b,No. or (v) sum pursuant to any other provision of the general statutes or regulation of Connecticut state agencies.

24-142 53 of 141 Substitute House Bill No.

5236 with section 51-193b, or (v) sum pursuant to any other provision of the general statutes or regulation of Connecticut state agencies.

No LCOperson 47may ofoffer 66any Substitutesuch Billdiscount No.unless such person posts a notice disclosing such discount.

5236 person may offer any such discount unless such person posts a notice disclosing such discount.

Such person shall clearly and conspicuously (1) post such notice on such person's premises if such person conducts transactions in-person, (2) display such notice on the Internet web site or digital payment application before completing any online transaction or transaction processed by way of such digital payment application, and (3) verbally providePublic suchAct noticeNo. before completing any oral transaction, including, but not limited to, any telephonic transaction.

24-142 54 of 141 Substitute House Bill No.

5236 provide such notice before completing any oral transaction, including, but not limited to, any telephonic transaction.

The Commissioner of Consumer Protection may, after notice and LCOhearing 48in accordance with the provisions of 66chapter Substitute54, Billimpose No.an additional civil penalty for any violation of this section.

5236 hearing in accordance with the provisions of chapter 54, impose an additional civil penalty for any violation of this section.

28.29.

29.30.

Section 43-16b of the general statutes is repealed and the followingPublic isAct substitutedNo. in lieu thereof (Effective from passage):

24-142 55 of 141 Substitute House Bill No.

5236 following is substituted in lieu thereof (Effective from passage):

30.31.

Any person who is a resident of the state of Connecticut, is [not less LCOthan] 49eighteen years of 66age Substituteor Billolder, No.is of good moral character and has the ability to weigh accurately and [to] make correct weight certificates may apply to the commissioner for a public weighmaster license.

5236 than] eighteen years of age or older, is of good moral character and has the ability to weigh accurately and [to] make correct weight certificates may apply to the commissioner for a public weighmaster license.

31.32.

32.33.

The commissioner may pass upon the qualifications of [the] each applicant upon the basis of the information supplied in [the] such applicant's application, or [he] the commissioner may examine such applicant orally or in writing, or both, forPublic thepurposeAct ofdeterminingNo. [his] suchapplicant's qualifications.

24-142 56 of 141 Substitute House Bill No.

5236 for thepurpose ofdetermining [his] suchapplicant's qualifications.

33.34.

LCOSec. 50 of 66 Substitute Bill No.

523635. Sec.

34.

35.36.

36.37.

ThePublic weightAct certificateNo. issued by a [licensed public weigher] public weighmaster shall state the date of issuance, the kind of property, produce, commodity or articleweighed,thename ofthedeclaredowner or agent of the owner or of the consignee of the material weighed, the accurate weight of the material weighed, the means by which the material was being transported at the time [it] such material was weighed, such other available information as may be necessary to distinguishoridentify theproperty,produce,commodityorarticlefrom othersoflike kind,andsuchother informationrequiredby [statutes] the laws of this state or by regulations authorized to be issued for the enforcement of this chapter.

24-142 57 of 141 Substitute House Bill No.

5236 The weight certificate issued by a [licensed public weigher] public weighmaster shall state the date of issuance, the kind of property, produce, commodity or articleweighed,thename ofthedeclaredowner or agent of the owner or of the consignee of the material weighed, the accurate weight of the material weighed, the means by which the material was being transported at the time [it] such material was weighed, such other available information as may be necessary to distinguishoridentify theproperty,produce,commodityorarticlefrom othersoflike kind,andsuchother informationrequiredby [statutes] the laws of this state or by regulations authorized to be issued for the enforcement of this chapter.

37.38.

LCOA 51[licensed ofpublic 66weigher] Substitutepublic Billweighmaster No.shall not enter on a weight certificate issued by [him] such public weighmaster any weight values[butsuchashe]otherthanthoseweightvalueswhichsuchpublic weighmaster has personally determined, and [he] such public weighmaster shall make no entries on a weight certificate issued by some other person.

5236 A [licensed public weigher] public weighmaster shall not enter on a weight certificate issued by [him] such public weighmaster any weight values[butsuchashe]otherthanthoseweightvalueswhichsuchpublic weighmaster has personally determined, and [he] such public weighmaster shall make no entries on a weight certificate issued by some other person.

38.39.

Section 43-16k of the general statutes is repealed and the followingPublic isAct substitutedNo. in lieu thereof (Effective from passage):

24-142 58 of 141 Substitute House Bill No.

5236 following is substituted in lieu thereof (Effective from passage):

39.40.

When the gross or tare weight of any vehicle or combination of vehicles is to be determined, the weighing shall be LCOperformed 52upon a scale having a platform of 66sufficient Substitutesize Billto No.accommodate such vehicle or combination of vehicles fully, completely and as one entire unit.

5236 performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles fully, completely and as one entire unit.

40.41.

Sec.Public Act No.

41.24-142 59 of 141 Substitute House Bill No.

5236 Sec.

42.

42.43.

No person shall assume the title [licensed public weigher] of public weighmaster, or any title of similar import, perform the duties or acts to be performed by a [licensed public weigher] public weighmaster under LCOthis 53chapter, hold [himself] such person out as a [licensed public weigher] public weighmaster, issue any weight certificate ticket, memorandum or statement for which a fee is charged, or engage in the full-time or part-time business of 66public Substituteweighing, Billunless No.[he] such person holds a valid license as a [licensed public weigher] public weighmaster.

5236 this chapter, hold [himself] such person out as a [licensed public weigher] public weighmaster, issue any weight certificate ticket, memorandum or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing, unless [he] such person holds a valid license as a [licensed public weigher] public weighmaster.

43.44.

The commissioner is authorized to suspend or revoke the license of any [licensed public weigher] public weighmaster (1) when [he] the commissionerPublic isAct satisfied,No. after a hearing upon ten days' notice to the licensee, that such licensee has violated any provision of this chapter or of any valid regulation of the commissioner affecting [licensed public weighers] public weighmasters, or (2) when a [licensed public weigher] public weighmaster has been convicted in any court of competent jurisdiction of violating any provision of this chapter or of any regulation issued under authority of this chapter.

24-142 60 of 141 Substitute House Bill No.

5236 commissioner is satisfied, after a hearing upon ten days' notice to the licensee, that such licensee has violated any provision of this chapter or of any valid regulation of the commissioner affecting [licensed public weighers] public weighmasters, or (2) when a [licensed public weigher] public weighmaster has been convicted in any court of competent jurisdiction of violating any provision of this chapter or of any regulation issued under authority of this chapter.

44.45.

(b) Any [licensed public weigher] public weighmaster who falsifies a weight certificate, or who delegates [his] such public weighmaster's LCOauthority 54to any person not licensed as a [licensed public weigher] public weighmaster, or who preseals a weight certificate with [his] such public weighmaster's official sealbefore performing theact ofweighing, shall be guilty of 66a Substituteclass BillC No.misdemeanor.

5236 authority to any person not licensed as a [licensed public weigher] public weighmaster, or who preseals a weight certificate with [his] such public weighmaster's official sealbefore performing theact ofweighing, shall be guilty of a class C misdemeanor.

(d) The Commissioner of Consumer Protection, after conducting a hearing in accordance with the provisions of chapter 54, may impose a civilPublic penaltyAct ofNo. not more than [one hundred dollars for the first offense and not more than five hundred dollars for any subsequent offense] one thousand dollars per violation on any person who violates any provision of this chapter or any regulation adopted pursuant to this chapter.

24-142 61 of 141 Substitute House Bill No.

5236 civil penalty of not more than [one hundred dollars for the first offense and not more than five hundred dollars for any subsequent offense] one thousand dollars per violation on any person who violates any provision of this chapter or any regulation adopted pursuant to this chapter.

45.46.

No person shall deliver grains, feeds or feedstuffs in bulk without first having such grains, feeds or feedstuffs LCOweighed 55by a public [weigher] weighmaster on stationary scales, suitable for the weighing of 66bulk Substitutegrains, Billfeeds No.or feedstuffs, which have been tested and scaled by an authorized sealer or inspector of weights and measures.

5236 weighed by a public [weigher] weighmaster on stationary scales, suitable for the weighing of bulk grains, feeds or feedstuffs, which have been tested and scaled by an authorized sealer or inspector of weights and measures.

[(b)] (2) the net weight of bulk grains, feedsPublic andAct feedstuffsNo. contained in such vehicle, truck, compartment or container;

24-142 62 of 141 Substitute House Bill No.

5236 feeds and feedstuffs contained in such vehicle, truck, compartment or container;

LCOSec. 56 of 66 Substitute Bill No.

523647. Sec.

46.

Eachcontainer,compartment,truckorvehiclecontaininggrain,feeds or feedstuffs which have been weighed by a public [weigher] weighmaster shall have a lead-wire seal or seals affixed in such a mannerPublic thatAct noNo. loss or delivery of the contents may be made without destroying or mutilating the seal or seals.

24-142 63 of 141 Substitute House Bill No.

5236 manner that no loss or delivery of the contents may be made without destroying or mutilating the seal or seals.

47.48.

(4) the price of LCOsuch 57fuel ofwood 66by Substituteweight; Bill No.

5236 such fuel wood by weight;

The commercialPublic dealerAct shallNo. give the original of such ticket to the customer and shall retain the duplicate for at least one year, which copy shall be subject to inspectionbyany sealeror inspectorofweightsandmeasures.

24-142 64 of 141 Substitute House Bill No.

5236 commercial dealer shall give the original of such ticket to the customer and shall retain the duplicate for at least one year, which copy shall be subject to inspectionbyany sealeror inspectorofweightsandmeasures.

48.49.

Such coal or coke shall be accompanied while in transit by a delivery ticket and a duplicate original thereof, on which shall be distinctly expressed in ink, or other indelible substance, in pounds, the weight of the coal or coke contained in the vehicle or other receptacle, together with the name and address of the seller, the name and address of the purchaser, the signature and license number of the public [weigher] weighmaster and the date of weighing, together with the number of bags or sacks of the commodity, when the bags or sacks are representative of the quantity contained in the vehicle used for transporting the coal or coke, provided LCOPublic 58Act of 66 Substitute Bill No.

24-142 65 of 141 Substitute House Bill No.

One of the duplicate delivery tickets shall be surrendered, upon demand, to any sealer or inspector of weights and measures for his inspection, and the ticket, or, when the sealer desires to retain one of the duplicatetickets,aweightslip,issuedbythesellerandsignedanddated bythesealerorinspector,shallbedeliveredtothepurchaserorhisbythesealerorinspector,shallbedeliveredtothepurchaserorhisagent agent or representative, at the time of the delivery of the coal or coke, and the other duplicate ticket shall be retained by the seller for a period of one year, subject to inspection by any sealer or inspector of weights and measures.

49.50.

ThePublic quantityAct of all preheated petroleum products sold, offered for sale or delivered at retail shall be determined by weight, such weighing to be done by a public [weigher] weighmaster licensed by the state of LCO 59 of 66 Substitute Bill No.

523624-142 Connecticut,66 whoof shall141 weighSubstitute suchHouse productsBill inNo. the containers or vehicles in which they are to be delivered and on scales that have been tested and sealed by an authorized sealer or inspector of weights and measures.

5236 The quantity of all preheated petroleum products sold, offered for sale or delivered at retail shall be determined by weight, such weighing to be done by a public [weigher] weighmaster licensed by the state of Connecticut, who shall weigh such products in the containers or vehicles in which they are to be delivered and on scales that have been tested and sealed by an authorized sealer or inspector of weights and measures.

50.51.

One of such duplicate delivery tickets shall be surrendered upon demand to any sealer or inspector of weights and measures for [his] inspection, and such ticket or, when such sealer desires to retain one of the duplicate tickets, a weight slip issued and signed and dated by the sealer or inspector shall be delivered to the purchaser or [his] the purchaser's agent or representative at the time of delivery ofsuchpetroleumproducts,and the other duplicate ticket shall bePublic retainedAct byNo. the seller for a period of one year, during which time it shall be subject to inspection by a sealer or inspector of weights and measures.

If24-142 the67 purchaser takes such petroleum products from the vendor's place of business,141 a delivery ticket in the form required by this section, signed by a [licensed public weigher] public weighmaster, shall be given to the purchaser or [his] the purchaser's agent at the time of LCO 60 of 66 Substitute House Bill No.

5236 delivery.be retained by the seller for a period of one year, during which time it shall be subject to inspection by a sealer or inspector of weights and measures.

If the purchaser takes such petroleum products from the vendor's place of business, a delivery ticket in the form required by this section, signed by a [licensed public weigher] public weighmaster, shall be given to the purchaser or [his] the purchaser's agent at the time of delivery.

51.52.

52.53.

(b)Notwithstandinganyprovisionofthegeneralstatutes,anyperson(b)Notwithstandinganyprovisionof thegeneralstatutes,anyperson who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 2-71h, 4b-13, 7-13, 7-14, 7-35 or 7-41, subsection (c) of section 7-66, section 7-83, 7-147h, 7-148, 7-283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-185, 10-193, 10-197, 10-198, 10-230, 10-251, 10- 254, 10a-35, 12-52, 12-54, 12-129b or 12-170aa, subdivision (3) of subsection (e) of section 12-286, section 12-286a, 12-292, 12-314b or 12- 326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-476c, 12-487, 13a- 266, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a- 124,Public 13a-139,Act 13a-140, 13a-143b, 13a-253, 13a-263 or 13b-39f, subsection (f) of section 13b-42, section 13b-90 or 13b-100, subsection (a) of section 13b-108, section 13b-221 or 13b-292, subsection (a) or (b) of section 13b- 324, section 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414 or 14-4, subdivision (2) of subsection (a) of section 14-12, subsection (d) of section 14-12, subsection (f) of section 14-12a, subsection (a) of section 14-15a, section 14-16c, 14-20a or 14-27a, subsection (f) of section 14-34a, LCO 61 of 66 Substitute Bill No.

523624-142 subsection68 (d) of section141 14-35, section 14-43, 14-44j, 14-49, 14-50a, 14-58 or 14-62a, subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) of section 14-80, subsection (f) or (i) of section 14-80h, section 14-97a or 14-98, subsection (a), (b) or (d) of section 14-100a, section 14-100b, 14-103a, 14-106a, 14-106c, 14-145a, 14-146, 14-152, 14- 153, 14-161 or 14-163b, subsection (f) of section 14-164i, section 14-213b or 14-219, subdivision (1) of section 14-223a, subsection (d) of section 14- 224, section 14-240, 14-250, 14-253a, 14-261a, 14-262, 14-264, 14-266, 14- 267a, 14-269, 14-270, 14-272b, 14-274, 14-275 or 14-275a, subsection (c) of section 14-275c, section 14-276, subsection (a) or (b) of section 14-277, section 14-278, 14-279 or 14-280, subsection (b), (e) or (h) of section 14- 283,section14-283d,14-283e,14-283f,14-283g,14-291,14-293b,14-296aa, 14-298a, 14-300, 14-300d, 14-300f, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-15e, 15-25 or 15-33, subdivision (1) of section 15-97, subsection (a) of section 15-115, section 16-15, 16-16, 16-44, 16-256e, 16-278 or 16a-15, subsection (a) of section 16a-21, section 16a-22, subsection (a) or (b) of section 16a-22h, section 16a-106, 17a-24, 17a-145, 17a-149 or 17a-152, subsection (b) of section 17a-227, section 17a-465, subsection (c) of section 17a-488, section 17b-124, 17b-131, 17b-137, 19a-33, 19a-39 or 19a- 87, subsection (b) of section 19a-87a, section 19a-91, 19a-102a, 19a-102b, 19a-105, 19a-107, 19a-113, 19a-215, 19a-216a, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-442, 19a-502, 19a-565, 20-7a, 20-14, 20- 153a, 20-158, 20-231, 20-233, 20-249, 20-257, 20-265, 20-324e, 20-329c or 20-329g, subsection (b) of section 20-334, section 20-341l, 20-366, 20-482, 20-597, 20-608, 20-610, 20-623, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48 or 21-63, subsection (d) of section 21-71, section 21-76a or 21-100, subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 21a-20 or 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26, [or 21a-30,] subsection (a) of section 21a-37, section 21a- 46, 21a-61, 21a-63, 21a-70b or 21a-77, subsection (b) or (c) of section 21a- 79, as amended by this act, section 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, subsection (c), (d) or (e) of section 21a-279a, section 21a-415a, 21a-421eee, 21a-421fff [,] or 21a- LCO 62 of 66 Substitute House Bill No.

5236 421hhh,124, subsection13a-139, (a)13a-140, of13a-143b, section13a-253, 21a-430,13a-263 sectionor 22-12b,13b-39f, 22-13,subsection 22-14,(f) 22-15,of 22-16,section 22-26g,13b-42, 22-30,section 22-34,13b-90 22-35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l,13b-100, subdivision (1) of subsection (n)(a) of section 22-61l,13b-108, subsection (f) of section 22-61m,13b-221 subdivisionor (1)13b-292, of subsection (f)(a) ofor section(b) 22-61m,of section 22-84,13b- 22-89,324, 22-90,section 22-96,13b-336, 22-98,13b-337, 22-99,13b-338, 22-10013b-410a, 13b-410b or 22-111o,13b-410c, subsection (d)(a), of(b) sectionor 22-118l, section 22-167, subsection (c) of section 22-277,13b-412, section 22-278,13b-414 22-279, 22-280a, 22-318a, 22-320h, 22- 324a or 22-326,14-4, subsection (b), subdivision (1) or (2) of subsection (e)(a) orof section 14-12, subsection (g)(d) of section 22-344,14-12, subsection (a)(f) or (b) of section 22-344b,14-12a, subsection (d)(a) of section 22-344d,14-15a, section 22-344f,14-16c, 22-350a,14-20a 22-354, 22- 359, 22-366, 22-391, 22-413, 22-414, 22-415, 22-415c, 22a-66a or 22a-246,14-27a, subsection (a)(f) of section 22a-250,14-34a, section 22a-256g, subsection (e)(d) of section 22a-256h,14-35, section 22a-36314-43, or14-44j, 22a-381d,14-49, subsections14-50a, (c)14-58 andor (d)14-62a, subsection (b) of section 22a-381e,14-66, section 22a-449,14-66a 22a-450,or 22a-461,14-67a, 23-4b,subsection 23-38,(g) 23-45,of 23-46section or14-80, 23-61b, subsection (a)(f) or subdivision(i) (1) of subsection (c) of section 23-65,14-80h, section 25-3714-97a or 25-40,14-98, subsection (a)(a), (b) or (d) of section 25-43,14-100a, section 25-43d,14-100b, 25-135,14-103a, 26-18,14-106a, 26-19,14-106c, 26-21,14-145a, 26-31,14-146, 26-40,14-152, 26-40a,14- 26-42,153, 26-14-161 43,or 26-49,14-163b, 26-54,subsection 26-55,(f) 26-56,26-58or 26-59,subdivision(1)ofsubsection (d) of section 26-61,14-164i, section 26-64,14-213b or 14-219, subdivision (1) of section 26-76,14-223a, sectionsubsection 26-79,(d) 26-87,of 26-89,section 26-91,14- 26-94,224, 26-97,section 26-98,14-240, 26-104,14-250, 26-105,14-253a, 26-14-261a, 107,14-262, 26-114a,14-264, 26-117,14-266, subsection14- (b)267a, of14-269, section14-270, 26-127,14-272b, 26-128,14-274, 26-128a,14-275 26- 131, 26-132, 26-138, 26-139 or 26-141,14-275a, subdivisionsubsection (1)(c) of section 26-186,14-275c, section 26-207,14-276, 26-215,subsection 26-217(a) or 26-224a,(b) subdivision (1) of section 26-14-277, 226, section 26-227,14-278, 26-230,14-279 26-231,or 26-232,14-280, 26-244,subsection 26-257a,(b), 26-260,(e) 26-or 276,(h) 26-280,of 26-284,section 26-285,14- 26-286,283,section14-283d,14-283e,14-283f,14-283g,14-291,14-293b,14-296aa, 26-287,14-298a, 26-288,14-300, 26-290,14-300d, 26-291a,14-300f, 26-14-319, 292,14-320, 26-294,14-321, 27-107,14-325a, 28-13,14-326, 29-6a,14-330 29-16, 29-17, 29-25, 29-143o, 29-143z or 29-156a,14-332a, subsectionsubdivision (b),(1), (d),(2) (e), (g) or (h)(3) of section 29-161q,14-386a, section 29-15-15e, 161y15-25 or 29-161z,15-33, subdivision (1) of section 29-198,15-97, subsection (a) of section 29-210,15-115, 29-243section 16-15, 16-16, 16-44, 16-256e, 16-278 or 29-277,16a-15, subsection (c)(a) of section 29-291c,16a-21, section 29-31616a-22, orsubsection 29-318,(a) subsectionor (b) of section 29-335a,16a-22h, section 29-381,16a-106, 30-19f,17a-24, 30-48a17a-145, 17a-149 or 30-86a,17a-152, subsection (b) of section 30-89,17a-227, section 17a-465, subsection (c) or (d) of section 30-117,17a-488, section 31-3,17b-124, 31-10,17b-131, 31-11,17b-137, 31-12,19a-33, 31-13,19a-39 31-14,or 31-15,19a- 31-16,87, 31-18,subsection 31-23,(b) 31-24,of 31-25,section 31-32,19a-87a, 31-36,section 31-4719a-91, or19a-102a, 31-48,19a-102b, subsection19a-105, (b)19a-107, of19a-113, section19a-215, 31-48b,19a-216a, section19a-219, 31-51,19a-222, 31-51g,19a-224, 31-52,19a-286, 31-52a,19a-287, 31-5319a-297, or19a-301, 31-54,19a-309, subsection19a-335, (a)19a-336, or19a-338, (c)19a-339, of19a-340, section19a-425, 31-69,19a-442, section19a-502, 31-70,19a-565, 31-74,20-7a, 31-75,20-14, 31-76,20- 31-76a,153a, 31-89b20-158, or20-231, 31-20-233, LCO20-249, 6320-257, of20-265, 6620-324e, Substitute20-329c Billor Public Act No.

523624-142 134,69 subsection (i) of section141 31-273,Substitute sectionHouse 31-288,Bill 31-348,No. 33-624, 33- 1017, 34-13d or 34-412, subdivision (1) of section 35-20, subsection (a) of section 36a-57, subsection (b) of section 36a-665, section 36a-699, 36a- 739, 36a-787, 38a-2 or 38a-140, subsection (a) or (b) of section 38a-278, section38a-479qq, 38a-479rr,38a-506,38a-548,38a-626,38a-680,38a-713, 38a-733, 38a-764, 38a-786, 38a-828, 38a-829, 38a-885, 42-133hh, 42-230, 42-470 or 42-480, subsection (a) or (c) of section 43-16q, as amended by this act, section 45a-283, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46a-81b, 46b-22, 46b-24, 46b-34, 46b-38d, 47-34a, 47-47 or 47-53, subsection (i) of section 47a-21, subdivision (1) of subsection (k) of section 47a-21, section 49-2a, 49-8a, 49-16, 52-143 or 52-289, subsection (j) of section 52-362, section 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-290a, 53-302a, 53- 303e, 53-311a, 53-314, 53-321, 53-322, 53-323 or 53-331, subsection (b) of section 53-343a, section 53-344, subsection (b) or (c) of section 53-344b, subsection (b) of section 53-345a, section 53-377, 53-422 or 53-450 or subsection (i) of section 54-36a, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance withtheprovisionsofsection12-484,12-487or 13b-410,or (4)aviolation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.

5236 20-329g, subsection (b) of section 20-334, section 20-341l, 20-366, 20-482, 20-597, 20-608, 20-610, 20-623, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48 or 21-63, subsection (d) of section 21-71, section 21-76a or 21-100, subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 21a-20 or 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26, [or 21a-30,] subsection (a) of section 21a-37, section 21a- 46, 21a-61, 21a-63, 21a-70b or 21a-77, subsection (b) or (c) of section 21a- 79, as amended by this act, section 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, subsection (c), (d) or (e) of section 21a-279a, section 21a-415a, 21a-421eee, 21a-421fff [,] or 21a- 421hhh, subsection (a) of section 21a-430, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-30, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision (1) of subsection (n) of section 22-61l, subsection (f) of section 22-61m, subdivision (1) of subsection (f) of section 22-61m, section 22-84, 22-89, 22-90, 22-96, 22-98, 22-99, 22-100 or 22-111o, subsection (d) of section 22-118l, section 22-167, subsection (c) of section 22-277, section 22-278, 22-279, 22-280a, 22-318a, 22-320h, 22- 324a or 22-326, subsection (b), subdivision (1) or (2) of subsection (e) or subsection (g) of section 22-344, subsection (a) or (b) of section 22-344b, subsection (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22- 359, 22-366, 22-391, 22-413, 22-414, 22-415, 22-415c, 22a-66a or 22a-246, subsection (a) of section 22a-250, section 22a-256g, subsection (e) of section 22a-256h, section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 22a-450, 22a-461, 23-4b, 23-38, 23-45, 23-46 or 23-61b, subsection (a) or subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26- 43, 26-49, 26-54, 26-55, 26-56,26-58or 26-59,subdivision(1)ofsubsection (d) of section 26-61, section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26- 107, 26-114a, 26-117, subsection (b) of section 26-127, 26-128, 26-128a, 26- 131, 26-132, 26-138, 26-139 or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of section 26- Public Act No.

24-142 70 of 141 Substitute House Bill No.

5236 226, section 26-227, 26-230, 26-231, 26-232, 26-244, 26-257a, 26-260, 26- 276, 26-280, 26-284, 26-285, 26-286, 26-287, 26-288, 26-290, 26-291a, 26- 292, 26-294, 27-107, 28-13, 29-6a, 29-16, 29-17, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e), (g) or (h) of section 29-161q, section 29- 161y or 29-161z, subdivision (1) of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, section 29-316 or 29-318, subsection (b) of section 29-335a, section 29-381, 30-19f, as amended by this act, 30-48a or 30-86a, as amended by this act, subsection (b) of section 30-89, subsection (c) or (d) of section 30-117, section 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-47 or 31-48, subsection (b) of section 31-48b, section 31-51, 31- 51g, 31-52, 31-52a, 31-53 or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 31-348, 33-624, 33-1017, 34-13d or 34- 412, subdivision (1) of section 35-20, subsection (a) of section 36a-57, subsection (b) of section 36a-665, section 36a-699, 36a-739, 36a-787, 38a- or 38a-140, subsection (a) or (b) of section 38a-278, section 38a-479qq, 38a-479rr, 38a-506, 38a-548, 38a-626, 38a-680, 38a-713, 38a-733, 38a-764, 38a-786, 38a-828, 38a-829, 38a-885, 42-133hh, 42-230, 42-470 or 42-480, subsection (a) or (c) of section 43-16q, as amended by this act, section 45a-283, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46a-81b, 46b-22, 46b-24, 46b-34, 46b-38d, 47-34a, 47-47 or 47-53, subsection (i) of section 47a-21, subdivision (1) of subsection (k) of section 47a-21, section 49-2a, 49-8a, 49-16, 52-143 or 52- 289, subsection (j) of section 52-362, section 53-133, 53-199, 53-212a, 53- 249a, 53-252, 53-264, 53-280, 53-290a, 53-302a, 53-303e, 53-311a, 53-314, 53-321,53-322,53-323or53-331,subsection(b) ofsection53-343a,section 53-344, subsection (b) or (c) of section 53-344b, subsection (b) of section 53-345a, section 53-377, 53-422 or 53-450 or subsection (i) of section 54- 36a, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of Public Act No.

24-142 71 of 141 Substitute House Bill No.

5236 buildingcodesandthehealthcode,forwhichthepenaltyexceedsninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.

53.54.

SectionsSection 21a-2730-1 toof 21a-30,the inclusive,2024 ofsupplement to the general statutes areis repealed.repealed and the following is substituted in lieu thereof (Effective from passage):

(EffectiveFor fromthe passage)purposes Thisof actthis shallchapter takeand effectsection as55 followsof andthis shallact, amendunless the followingcontext sections: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 1401 of the Federal Aviation Act of 1958, as amended from passagetime 20-426(a)to Sec.time, or (B) foreign flag carrier holding a permit under Section 402 of said act.

2(2) from"Alcohol" passage(A) 20-432means Sec.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(3) from"Alcoholic passagebeverage" 20-500and Sec."alcoholic liquor" include the four varieties of liquor defined in subdivisions (2), (5), [(20)] (21) and [(21)] (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 consumed by a human being as a beverage.

4Any fromliquid passageor Newsolid sectioncontaining Sec.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:

5Alcohol, fromspirits, passagewine 20-523(a)and LCObeer, 64except ofas 66provided Substitutein Billsubdivision No.[(21)] (22) of this section.

(4) "Backer" means, except in cases where the permittee is the Public Act No.

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5236 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) "Business entity" means any incorporated or unincorporated association, corporation, firm, joint stock company, limited liability company, limited liability partnership, partnership, trust or other legal entity.

[(7)] (8) "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 Public Act No.

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5236 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)] (9) "Club" has the same meaning as provided in section 30-22aa.

[(9)] (10) "Coliseum" has the same meaning as provided in section 30- 33a.

[(10)] (11) "Commission" means the Liquor Control Commission established under this chapter.

[(11)] (12) "Department" means the Department of Consumer Protection.

[(12)] (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, and (B) where meals are customarily served to any member of the public who has means of payment and a proper demeanor.

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

[(14)] (15) "Minor" means any person who is younger than twenty- one years of age.

[(15)] (16) "Noncommercial entity" means an academic institution, charitable organization, government organization, nonprofit Public Act No.

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5236 organization or similar entity that is not primarily dedicated to obtaining a commercial advantage or monetary compensation.

[(16)] (17) "Nonprofit club" has the same meaning as provided in section 30-22aa.

[(17)] (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] any business entity.

[(18)] (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] business entities, stockholders of corporations or otherwise.

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

[(19)] (20) "Restaurant" has the same meaning as provided in section 30-22.

[(20)] (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.

[(21)] (22) "Wine" means any alcoholic beverage obtained by fermenting the natural sugar content of fruits, such as apples, grapes or other agricultural products, containing such sugar, including fortified Public Act No.

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5236 wines such as port, sherry and champagne.

Sec.

55.

(NEW) (Effective from passage) (a) Subject to the provisions of subsection (b) of this section, a franchisor or landlord may, without obtaining approval as a backer, receive profits from the sale of alcoholic liquor from a franchisee or tenant that is permitted to sell alcoholic liquor under the provisions of chapter 545 of the general statutes, provided the franchisor or landlord does not:

(1) Control the operations of the permit premises;

(2) Direct sales of alcoholic liquor from the permit premises;

or (3) Otherwise engage in activities indicating ownership or proprietorship of the franchisee or tenant.

(b) The Department of Consumer Protectionmay require a franchisor or landlord to obtain approval as a backer in order for the franchisor or landlord to receive profits as set forth in subsection (a) of this section.

In determining whether to require a franchisor or landlord to receive such approval, the department shall:

(1) Consider the percentage of such profits that the franchisor or landlord receives;

and (2) Evaluate whether the franchisor or landlord may (A) supervise, hire, retain or discharge persons employed on the permit premises, (B) set menuselectionsor pricesfor thepermit premises,(C)establishhours or days of operation for the permit premises, (D) decide whether or when a patio may be used in connection with the operations of the permit premises, (E) order or accept alcoholic liquor deliveries for the permit premises, (F) arrange advertising for the permit premises, including, but not limited to, advertising on the Internet or through social media, (G) dictate decorations for the permit premises, (H) access banking accounts related to the permit premises, (I) incur debt on behalf Public Act No.

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5236 of a backer for the permit, and (J) enter into agreements with other entities on behalf of a backer for the permit.

Sec.

56.

Section 30-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No commissioner of the Liquor Control Commission and no employee of the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, and the regulations enacted thereunder may, directly or indirectly, individually or as a member [of a partnership] or owner of a business entity or as a shareholder of a corporation, have any interest whatsoever in dealing in or in the manufacture of alcoholic liquor, nor receive any commissionorprofitwhatsoeverfromnorhaveanyinterestwhatsoever inthepurchasesor salesmadeby thepersons authorizedby thischapter to purchase or sell alcoholic liquor.

No provision of this section shall prevent any such commissioner or employee from purchasing and keeping in [his] such commissioner's or employee's possession, for [the] personal use [of himself or] by such commissioner or employee, members of [his] such commissioner's or employee's family or guests, any alcoholic liquor which may be purchased or kept by any person by virtue of this chapter.

Sec.

57.

Section 30-14a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A package store permit issued under subsection (b) of section 30- may be renewed by the person to whom [it] such permit was issued or by any person who (1) is a transferee or purchaser of premises operating under a package store permit issued under subsection (b) of section 30-20, and [who] (2) meets the requirements of this chapter concerning eligibility for a liquor permit.

Commencing June 8, 1986, the Department of Consumer Protection may issue one package store permit under subsection (b) of section 30-20 for every twenty-five Public Act No.

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5236 hundred residents of a town as determined by the most recently completed decennial census.

The department may authorize the holder of such permit to remove [his] such holder's permit premises to a location in another town provided such removal complies with the provisions of this chapter.

(b) (1) The Department of Consumer Protection may (A) refuse to accept any incomplete application for a package store permit under subsection (b) of section 30-20, or (B) establish a deadline by which an applicant for a package store permit under subsection (b) of section 30- shall open to the public for continuous operation.

(2) If an applicant for a package store permit under subsection (b) of section 30-20 fails to open to the public for continuous operation on or before the deadline established by the Department of Consumer Protection under subparagraph (B) of subdivision (1) of this subsection, the department may deem such applicant's application to have been withdrawn and expired for the purpose of preventing placeholding.

For the purposes of this subdivision, "placeholding" means (A) applying for the last available package store permit in a town, and (B) failing to open to the public for continuous operation on or before the deadline established by the department under subparagraph (B) of subdivision (1) of this subsection.

Sec.

58.

Subsection (a) of section 30-17 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) A wholesaler permit shall allow the bottling of alcoholic liquor and the wholesale sale of alcoholic liquor to permittees in this state and without the state, as may be permitted by law, and the sale of alcoholic liquors to vessels engaged in coastwise or foreign commerce, and the sale of alcohol and alcoholic liquor for industrial purposes to nonpermittees, such sales to be made in accordance with the regulations Public Act No.

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5236 adopted by the Department of Consumer Protection, and the sale of alcohol and alcoholic liquor for medicinal purposes to hospitals and charitable institutions and to religious organizations for sacramental purposes and the receipt from out-of-state shippers of multiple packages of alcoholic liquor.

The holder of a wholesaler permit may apply for and shall thereupon receive an out-of-state shipper's permit for direct importation from abroad of alcoholic liquors manufactured outside the United States and an out-of-state shipper's permit for direct importation from abroad of beer manufactured outside the United States.

The annual fee for a wholesaler permit shall be two thousand six hundred fifty dollars.

(2) When a holder of a wholesaler permit has had the distributorship of any alcohol, beer, spirits or wine product of a manufacturer or out- of-state shipper for six months or more, such distributorship may be terminated or its geographic territory diminished upon (A) the execution of a written stipulation by the wholesaler and manufacturer or out-of-state shipper agreeing to the change and the approval of such change by the Department of Consumer Protection;

or (B) the sending of a written notice by certified or registered mail, return receipt requested, by the manufacturer or out-of-state shipper to the wholesaler, a copy of which notice has been sent simultaneously [by certified or registered mail, return receipt requested,] to the [Department of Consumer Protection] department in a manner prescribed by the Commissioner of Consumer Protection.

No such termination or diminishment shall become effective except for just and sufficient cause, provided such cause shall be set forth in such notice and the [Department of Consumer Protection] department shall determine, after hearing, that just and sufficient cause exists.

If an emergency occurs, caused by the wholesaler, prior to such hearing, which threatens the manufacturers' or out-of-state shippers' products or otherwise endangers the business of the manufacturer or out-of-state shipper and said emergency is established to the satisfaction of the Public Act No.

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5236 [Department of Consumer Protection] department, the department may temporarily suspend such wholesaler permit or take whatever reasonable action the department deems advisable to provide for such emergency and the department may continue such temporary action until its decision after a full hearing.

The [Department of Consumer Protection] department shall render its decision with reasonable promptness following such hearing.

Notwithstanding the aforesaid, a manufacturer or out-of-state shipper may appoint one or more additional wholesalers as the distributor for an alcohol, spirits or wine product within such territory, provided such appointment shall not be effective until six months from the date such manufacturer or out-of- state shipper sets forth such intention in written notice to the existing wholesaler by certified or registered mail, return receipt requested, with a copy of such notice simultaneously sent [by certified or registered mail, return receipt requested, to the Department of Consumer Protection] to the department in a manner prescribed by the Commissioner of Consumer Protection.

For just and sufficient cause, a manufacturer or out-of-state shipper may appoint one or more additional wholesalers as the distributor for a beer product within such territory provided such manufacturer or out-of-state shipper sets forth such intention and cause in written notice to the existing wholesaler by certifiedor registered mail,returnreceipt requested,witha copy of such noticesimultaneously sent [by certifiedorregisteredmail,returnreceipt requested, to the Department of Consumer Protection] to the department in a manner prescribed by the Commissioner of Consumer Protection.Suchwrittennotice shallincludethename ofeachadditional wholesalerappointedasadistributorandprovideadetaileddescription of the just and sufficient cause necessitating such appointment.

For the purposes of this section, "just and sufficient cause" means the existence of circumstances which, in the opinion of a reasonable person considering all of the equities of both the wholesaler and the manufacturer or out-of-state shipper warrants a termination or a diminishment of a distributorship as the case may be.

For the purposes Public Act No.

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5236 of this section, "manufacturer or out-of-state shipper" means the manufacturer or out-of-state shipper who originally granted a distributorship of any alcohol, beer, spirits or wine product to a wholesaler, any successor to such manufacturer or out-of-state shipper, which successor has assumed the contractual relationship with such wholesaler by assignment or otherwise, or any other manufacturer or out-of-state shipper who acquires the right to ship such alcohol, beer, spirits or wine into the state.

(3) Nothing contained in this section shall be construed to interfere with the authority of the Department of Consumer Protection to retain or adopt reasonable regulations concerning the termination or diminishment of a distributorship held by a wholesaler for less than six months.

(4) All hearings held under this section shall be held in accordance with the provisions of chapter 54.

Sec.

59.

Subsection (b) of section 30-19f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) No [person, corporation, incorporated or unincorporated association, partnership, trust or other legal entity] person or business entity, except theholder ofanout-of-state shipper'spermit issued under section 30-18 or 30-19, a manufacturer's permit issued under section 30- 16, other than a manufacturer permit for a farm winery or a manufacturer permit for wine, cider and mead, or a wholesaler's permit issued under section 30-17, as amended by this act, shall transport any alcoholic beverages imported into this state unless:

[such person:

(1) Holds] (1) Such person or business entity holds an in-state transporter's permit issued under this section;

(2) the tax imposed on such alcoholic liquor under section 12-435 has been paid;

and (3) if applicable, the tax imposed on the sale of such alcoholic liquor under chapter 219 has been Public Act No.

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5236 paid.

Sec.

60.

Subsection (d) of section 30-22b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) "Catering establishment" means any premises that (1) has an adequate, suitable and sanitary kitchen, dining room and facilities to provide hot meals, (2) has no sleeping accommodations for the public, (3) is owned or operated by any [person, firm, association, partnership or corporation that] person who, or business entity that, (A) regularly furnishes for hire on such premises [,] one or more ballrooms, reception rooms, dining rooms, banquet halls or similar places of assemblage for aparticularfunction,occasionorevent,or[that](B)furnishesprovisions and services for consumption or use at [such] any function, occasion or event described in subparagraph (A) of this subdivision, and (4) employsanadequatenumberofemployeesonsuchpremisesatthetime of any [such] function, occasion or event described in subparagraph (A) of subdivision (3) of this subsection.

Sec.

61.

Section 30-35 of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A temporary liquor permit for a noncommercial entity shall allow the sale of beer, spirits or wine at any fundraising event, outing, picnic or social gathering conducted by a bona fide noncommercial entity, club or golf country club, as described in subsection (g) of section 30-22a, which noncommercial entity, club or golf country club shall be the backer of the permittee under such permit.

No for-profit business entity may be the backer of any such permittee.

Each temporary liquor permit for a noncommercial entity shall also allow the retail sale of beer, spirits or wine at an in-person or online auction, provided such auction is held as part of a fundraising event to benefit the tax-exempt activities of the Public Act No.

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5236 noncommercial entity, club or golf country club.

All profits from the auction or sale of such beer, spirits or wine shall be retained by the backer or permittee conducting such fundraising event, outing, picnic, social gathering or auction, and no portion of such profits shall be paid, directly or indirectly, to any [individual or other corporation] person or business entity.

Such permit shall be issued subject to the approval of the [department] Department of Consumer Protection and shall be effective only for specified dates and times limited by the department.

The combined total of fundraising events, outings, picnics, social gatherings or auctions, for which a temporary liquor permit for a noncommercial entity is issued under this section, shall not exceed twelve in any calendar year and the approved dates and times for each such fundraising event, outing, picnic, social gathering or auction shall be displayed on such permit.

Each temporary liquor permit for a noncommercial entity issued under this section shall be subject to the hours of sale established in subsection (a) of section 30-91 and the combined total of days for which such permit is issued shall not exceed twenty days in any calendar year.

The holder of a temporary liquor permit for a noncommercial entity issued under this section shall display such permit, and the days for which such permit has been issued, in a prominent location adjacent to the entrance to the fundraising event, outing, picnic, social gathering or auction.

The fee for a temporary liquor permit for a noncommercial entity shall be fifty dollars per day.

(b) The holder of a manufacturer permit issued under section 30-16, a wholesaler permit issued under section 30-17, as amended by this act, [or] an out-of-state shipper's permit for alcoholic liquor issued under section 30-18, an out-of-state retail shipper's permit for wine or out-of- state winery shipper's permit for wine issued under section 30-18a, an out-of-state shipper's permit for beer issued under section 30-19, a package store permit issued under subsection (b) of section 30-20, a restaurant permit issued under section 30-22 or a cafe permit issued Public Act No.

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5236 under subsection (c) of section 30-22a may offer tastings for, and donate to, the holder of a temporary liquor permit for a noncommercial entity issued under this section any beer, spirits or wine such manufacturer permittee manufactures, for which such wholesaler permittee holds distribution rights or which such package store permittee sells at retail.

Sec.

62.

Subsection (b) of section 30-39 of the 2024 supplement to 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 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.