HB 5149 — AN ACT CONCERNING CAFE AND PACKAGE STORE PERMITTEES.
Last action — SIGNED BY GOVERNOR
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 15, 2024. Enacted.
Signed by Governor Ned Lamont (Democratic) on May 30, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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6 sponsors
6 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (3 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
742 added · 973 removed742 line(s) added, 973 removed.
Substitute House ofBill Representatives General Assembly File No.
765149 FebruaryPublic Session,Act 2024 Substitute House Bill No.
514924-85 HouseAN ofACT Representatives,CONCERNING MarchCAFE 21,AND 2024PACKAGE TheSTORE CommitteePERMITTEES. on General Law reported through REP.
D'AGOSTINO of the 91st Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING CAFE AND PACKAGE STORE PERMITTEES.
sHB5149(3) /"Alcoholic Filebeverage" and "alcoholic liquor" include the four varieties of liquor defined in subdivisions (2), (5), (20) and (21) of this section (alcohol, beer, spirits and wine) and every liquid or solid, Substitute House Bill No.
765149 1patented sHB5149or Fileunpatented, No.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.
76 (3) "Alcoholic beverage" and "alcoholic liquor" include the four varieties of liquor defined in subdivisions (2), (5), (20) and (21) of this section (alcohol, beer, spirits and wine) and every liquid or solid, patented or unpatented, containing alcohol, beer, spirits or wine and at least one-half of one per cent alcohol by volume, and capable of being consumed by a human being as a beverage.
(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 sHB5149Public /Act File No.
7624-85 2 sHB5149of File24 Substitute House Bill No.
765149 hundred twenty fifty milliliter bottles, except a case of fifty milliliter bottles may be in a quantity and number as originally configured, packaged and sold by the manufacturer or out-of-state shipper prior to shipment if the number of such bottles in such case is not greater than two hundred.
(15)Public "NoncommercialAct entity" means an academic institution, charitable organization, government organization, nonprofit organization or similar entity that is not primarily dedicated to sHB5149 / File No.
7624-85 3 sHB5149of File24 Substitute House Bill No.
765149 (15) "Noncommercial entity" means an academic institution, charitable organization, government organization, nonprofit organization or similar entity that is not primarily dedicated to obtaining a commercial advantage or monetary compensation.
(21)"Wine" meansany alcoholicbeverage obtainedbyobtained by fermenting the natural sugar content of fruits, such as apples, grapes or other agricultural products, containing such sugar, including fortified wines such as port, sherry and champagne.
(NEW) (Effective July 1, 2024) (a) For the purposes of this section:Public Act No.
(1)24-85 "Cafe"4 meansof a24 spaceSubstitute thatHouse (A)Bill is located in a suitable and permanent building, (B) is kept, used, maintained, advertised and held out to thepublicto bea place where alcoholic liquor andfoodare served at retail for consumption on the premises, (C) at all times has employed sHB5149 / File No.
765149 4section: sHB5149 File No.
76(1) "Cafe" means a space that (A) is located in a suitable and permanent building, (B) is kept, used, maintained, advertised and held out to thepublicto bea place where alcoholic liquor andfoodare served at retail for consumption on the premises, (C) at all times has employed therein an adequate number of employees, (D) does not include public sleeping accommodations, and (E) need not necessarily have a dining room or kitchen;
A cafe permit for wine, beer and cider shall allow, with the Department of Consumer Protection's prior approval and if allowed under fire, zoning and health regulations, wine, beer and cider to be served at tables in outside areas that are screened or not screened from publicPublic view.Act No.
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5149 public view.
Such sales shall be conducted only during the hours a package store is permitted to sell alcoholic liquor under the sHB5149provisions /of Filesubsection No.(d) of section 30-91 of the general statutes, as amended by this act.
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76 provisions of subsection (d) of section 30-91 of the general statutes, as amended by this act.
(d) A cafe permit for wine, beer and cider issued pursuant to this sectionPublic shallAct allowNo. those additional permissible uses specified in a caterer liquor permit established in section 30-37j of the general statutes without an additional fee, but subject to compliance with the provisions of said section.
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5149 section shall allow those additional permissible uses specified in a caterer liquor permit established in section 30-37j of the general statutes without an additional fee, but subject to compliance with the provisions of said section.
(A) In any area of a building or portion of a building, sHB5149owned /and Fileoperated No.or leased and operated by the state or any political subdivision of the state;
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76 owned and operated or leased and operated by the state or any political subdivision of the state;
(K) in any room offered as an accommodation to guests by the operator of a hotel, motel or similar lodging;Public Act No.
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5149 lodging;
(C) sHB5149notwithstanding /the Fileprovisions No.of subparagraph (E) of subdivision (1) of this subsection, the outdoor portion of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the smoking prohibition or signage requirements of this subparagraph;
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76 notwithstanding the provisions of subparagraph (E) of subdivision (1) of this subsection, the outdoor portion of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the smoking prohibition or signage requirements of this subparagraph;
"tobacco bar" means an establishment with a permit for the sale of alcoholic liquor to consumers issued pursuant to section 30-22a, that, in the calendar year ending December 31, 2002, generated ten per cent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors or, for any tobacco bar that commenced operations during the period beginning January 1, 2003, and ending December 31, 2022,Public generatesAct atNo. least sixty per cent of the tobacco bar's total annual gross sales from on-site sales of tobacco products, as determined in an annual audit conducted by an independent certified public accountant;
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5149 2022, generates at least sixty per cent of the tobacco bar's total annual gross sales from on-site sales of tobacco products, as determined in an annual audit conducted by an independent certified public accountant;
Show all 258 changed lines (218 more)
(E) in any area of an establishment with a permit issued for sHB5149the /sale Fileof No.alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30- 22, 30-22a, 30-22c, as amended by this act, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e, [or] 30-37f or section 2 of this act, in any area ofestablishment withapermit issued for thesaleofalcoholicliquor pursuant to section 30-22aa issued after May 1, 2003;
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76 the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30- 22, 30-22a, 30-22c, as amended by this act, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e, [or] 30-37f or section 2 of this act, in any area ofestablishment withapermit issued for thesaleofalcoholicliquor pursuant to section 30-22aa issued after May 1, 2003;
(L) in any area of a correctional facility, halfway house or residential facility funded by the JudicialPublic Branch;Act No.
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5149 Judicial Branch;
(E) notwithstanding the provisions of subparagraph (E) of subdivision (1) of this subsection, sHB5149the /outdoor Fileportion No.of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the prohibition on the use of an electronic nicotine or cannabis delivery system or vapor product or the signage requirements of this subparagraph;
76 9 sHB5149 File No.
76 the outdoor portion of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the prohibition on the use of an electronic nicotine or cannabis delivery system or vapor product or the signage requirements of this subparagraph;
"tobacco bar" means an establishment with a permit for the sale of alcoholic liquor to consumers issued pursuant to section 30-22a, that,Public inAct theNo. calendar year ending December 31, 2002, generated ten per cent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors or, for any tobacco bar that commenced operations during the period beginning January 1, 2003, and ending December 31, 2022, generates at least sixty per cent of the tobacco bar's total annual gross sales from on-site sales of tobacco products, as determined in an annual audit conducted by an independent certified public accountant;
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5149 that, in the calendar year ending December 31, 2002, generated ten per cent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors or, for any tobacco bar that commenced operations during the period beginning January 1, 2003, and ending December 31, 2022, generates at least sixty per cent of the tobacco bar's total annual gross sales from on-site sales of tobacco products, as determined in an annual audit conducted by an independent certified public accountant;
sHB5149(b)Any /alcoholicliquor Filesoldforoff-premisesconsumption No.under this section shall be accompanied by food prepared on the permit premises for off-premises consumption.
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76 (b)Any alcoholicliquor soldforoff-premisesconsumption under this section shall be accompanied by food prepared on the permit premises for off-premises consumption.
Each securelyPublic sealedAct containerNo. shall be placed in a bag by the permittee's agent or employee prior to removal from the permit premises.
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5149 securely sealed container shall be placed in a bag by the permittee's agent or employee prior to removal from the permit premises.
(1) sHB5149One /hundred Fileninety-six No.ounces for beer;
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76 One hundred ninety-six ounces for beer;
(b) (1) A package store permit shall allow the retail sale of alcoholic liquor in sealed bottles or containers not to be consumed on the permit premises.Public Act No.
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5149 premises.
(2) No store operating under a package store permit shall sell any commodity other than alcoholic liquor except, notwithstanding any other provision of law, such store may sell (A) cigarettes and cigars, (B) publications, (C) bar utensils, including, but not limited to, corkscrews, beverage strainers, stirrers or other similar items used to consume, or related to the consumption of, alcoholic liquor, (D) gift packages of alcoholic liquor shipped into the state by a manufacturer or out-of-state shipper,whichgiftpackagesmayincludenonalcoholic items,otherthan food or tobacco products, if the dollar value of the nonalcoholic items in sHB5149such /gift Filepackage does not exceed the dollar value of the alcoholic items in such gift package, (E) complementary fresh fruits used in the preparation of mixed alcoholic beverages, (F) cheese, crackers or both, (G) olives, (H) nonalcoholic beverages, (I) concentrates used in the preparation of mixed alcoholic beverages, (J) beer and wine-making kits and products related to such kits, (K) ice in any form, (L) articles of Public Act No.
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765149 such gift package does not exceed the dollar value of the alcoholic items in such gift package, (E) complementary fresh fruits used in the preparation of mixed alcoholic beverages, (F) cheese, crackers or both, (G) olives, (H) nonalcoholic beverages, (I) concentrates used in the preparation of mixed alcoholic beverages, (J) beer and wine-making kits and products related to such kits, (K) ice in any form, (L) articles of clothing imprinted with advertising related to the alcoholic liquor industry, (M) gift baskets or other containers of alcoholic liquor, (N) multiple packages of alcoholic liquors, provided in all such cases the minimum retail selling price for such alcoholic liquor shall apply, (O) lottery tickets authorized by the Department of Consumer Protection, if licensed as an agent to sell such tickets by the department, (P) devices and related accessories designed primarily for accessing and extracting a beverage containing alcohol from prepackaged containers, including, but not limited to, pods, pouches or similar containers, but excluding devices, including, but not limited to, household blenders, that are not designed primarily for such purposes, (Q) alcohol-infused confections containing not more than one-half of one per cent of alcohol by weight and which the commissioner has approved for sale under section 21a- 101, and (R) gift baskets containing only containers of alcoholic liquor and commodities authorized for sale under subparagraphs (A) to (Q), inclusive, of this subdivision.
[,] and sHB5149["permit /premises"] File(2) "Permit premises" means the premises operated under (A) a cafe permit issued under subsection (c) of section 30-22a, or (B) a cafe permit Public Act No.
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765149 ["permit premises"] (2) "Permit premises" means the premises operated under (A) a cafe permit issued under subsection (c) of section 30-22a, or (B) a cafe permit for wine, beer and cider issued under section 2 of this act.
The chief law enforcementofficerofthetowninwhichsuchpermitpremisesisenforcementofficerofthetowninwhichsuchpermitpremisesislocated located may designate one or more law enforcement officers to attend any such scheduled event at the cost of such permit holder.
The presence of alcoholic liquor or the sale or dispensing to or consumption of alcoholic liquor by a minor at a juice bar or similar sHB5149facility /is Fileprohibited. No.
76Public 14Act sHB5149 File No.
7624-85 facility15 isof prohibited.24 Substitute House Bill No.
5149 Sec.
(d) The auctioneer shall obtain all beer, spirits and wine that are the subject of an auction conducted under a temporary auction permit issuedunderthissectionfromoneormoreindividualcollectors,holders of package store permits issued under section 30-20, as amended by this act, or holders of cancelled restaurant permits issued under section 30- 22, [or] cancelled cafe permits issued under section 30-22a or cancelled cafePublic permitsAct forNo. wine, beer and cider issued under section 2 of this act.
sHB514924-85 /16 Fileof 24 Substitute House Bill No.
765149 15cafe sHB5149permits Filefor No.wine, beer and cider issued under section 2 of this act.
76 The auctioneer shall only accept beer, spirits or wine that (1) was lawfully acquired by (A) an individual collector, or (B) the holder of a package store permit issuedunder section30-20,asamended by this act, cancelled restaurant permit issued under section 30-22, [or] cancelled cafe permit issued under section 30-22a or cancelled cafe permit for wine, beer and cider issued under section 2 of this act who purchased such beer, spirits or wine from the holder of a wholesaler permit issued under section 30-17, and (2) bears an intact seal from the manufacturer of such beer, spirits or wine.
Each permit granted under the provisions of sections 30-16, 30-17, 30- 20, as amended by this act, 30-21, 30-21b, 30-22, 30-22a, 30-22aa, 30-28a, 30-33a, [and] 30-36 and section 2 of this act, shall also, under the regulationsPublic ofAct the Department of Consumer Protection, allow the storage, onthe premises and at oneother secure location registeredwith and approved by the department, of sufficient quantities of alcoholic liquor respectively allowed to be sold under such permits as may be sHB5149 / File No.
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765149 regulations of the Department of Consumer Protection, allow the storage, onthe premises and at oneother secure location registeredwith and approved by the department, of sufficient quantities of alcoholic liquor respectively allowed to be sold under such permits as may be necessary for the business conducted by the respective permittees or their backers;
Subsection (a) of section 30-48 of the 2024 supplement to the generalPublic statutesAct isNo. repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
(a)24-85 No18 backer or permittee of one24 permitSubstitute classHouse shallBill be a backer or permittee of any other permit class except in the case of airline permits issued under section 30-28a, boats operating under in-state transporter's permits issued under section 30-19f, and cafe permits issued under sHB5149 / File No.
765149 17general sHB5149statutes Fileis No.repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
76(a) No backer or permittee of one permit class shall be a backer or permittee of any other permit class except in the case of airline permits issued under section 30-28a, boats operating under in-state transporter's permits issued under section 30-19f, and cafe permits issued under subsections (d) and (h) of section 30-22a, except that:
(5) a backer of a hotel permit issued under section 30- 21 may be a backer of a coliseum permit issued under section 30-33a;
(6) a backer of a grocery store beer permit issued under subsection (c) of section30-20 may be(A)abackerbe(A)a backer ofapackage storepermit issuedunder subsection (b) of section 30-20, as amended by this act, if such was the case on or before May 1, 1996, and (B) a backer of a restaurant permit issued under section 30-22, provided the restaurant permit premises do not abut or share the same space as the grocery store beer permit premises;
(10) a holder of anPublic out-of-stateAct wineryNo. shipper's permit for wine issued under section 30-18a may be a holder of an in-state transporter's permit issued under section 30-19f;
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5149 an out-of-state winery shipper's permit for wine issued under section 30-18a may be a holder of an in-state transporter's permit issued under section 30-19f;
(12) a holder of a manufacturer permit for a farm winery issued under subsection (c) of section 30-16 or a manufacturer permit for wine, cider and mead issued under subsection (d) of section 30-16 may be a holder sHB5149ofanin-state /transporter'spermit Fileissued No.under section30-19f, anoff-site farm winery sales and tasting permit issued under section 30-16a or any combination of such permits;
76 18 sHB5149 File No.
76 ofanin-state transporter'spermit issued under section30-19f, anoff-site farm winery sales and tasting permit issued under section 30-16a or any combination of such permits;
Subsections (a) to (e), inclusive, of section 30-91 of the 2024 supplementPublic toAct theNo. general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
(a)24-85 The20 sale, dispensing, consumption or presence in glasses or other receptacles suitable to allow for the consumption of alcoholic24 liquorSubstitute byHouse anBill individual in places operating under hotel permits issued under section 30-21, restaurant permits issued under section 30-22, cafe permits issued under section 30-22a, cafe permits for wine, beer and cider issued under section 2 of this act, Connecticut craft cafe permits issued under section 30-22d, club permits issued under section 30-22aa, restaurant permits for catering establishments issued under section 30- 22b, coliseum permits issued under section 30-33a, temporary liquor sHB5149 / File No.
765149 19supplement sHB5149to Filethe No.general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
76(a) The sale, dispensing, consumption or presence in glasses or other receptacles suitable to allow for the consumption of alcoholic liquor by an individual in places operating under hotel permits issued under section 30-21, restaurant permits issued under section 30-22, cafe permits issued under section 30-22a, cafe permits for wine, beer and cider issued under section 2 of this act, Connecticut craft cafe permits issued under section 30-22d, club permits issued under section 30-22aa, restaurant permits for catering establishments issued under section 30- 22b, coliseum permits issued under section 30-33a, temporary liquor permits for noncommercial entities issued under section 30-35, nonprofit public museum permits issued under section 30-37a, manufacturer permits for beer, a farm winery or wine, cider and mead issued under subsection (b), (c) or (d), respectively, of section 30-16, casino permits issued under section 30-37k and caterer liquor permits issued under section 30-37j shall be unlawful on:
(b)Any town may, by vote ofatownmeeting or by ordinance, reduce the number of hours during which sales under subsection (a) of this section, except sales under a cafe permit issued under subsection (d) of sectionPublic 30-22a,Act shallNo. be permissible.
In24-85 all21 cases when a town, either by voteofatownmeetingorbyordinance,hasactedonthesaleofalcoholic liquor or the reduction of the24 numberSubstitute ofHouse hoursBill whenNo. such sale is permissible, such action shall become effective on the first day of the month succeeding such action and no further action shall be taken until at least one year has elapsed since the previous action was taken.
5149 section 30-22a, shall be permissible.
In all cases when a town, either by voteofatownmeetingorbyordinance,hasacted onthesaleofalcoholic liquor or the reduction of the number of hours when such sale is permissible, such action shall become effective on the first day of the month succeeding such action and no further action shall be taken until at least one year has elapsed since the previous action was taken.
on any day, except in that portion of the permit premises which is located in a separate room or rooms entry to which, from the bowling lane area of the establishment, is by means of a door or doors which shall remain closed at all times except to permit entrance and egress to and from the sHB5149lane /area. File No.
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76 lane area.
and such sale or dispensing of alcoholic liquor for off- premises consumption in places operating under package store permits, druggist permits, manufacturer permits for beer, grocery store beer permits,Public religiousAct wineNo. retailer permits and temporary auction permits shall be unlawful on Sunday before ten o'clock a.m.
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5149 permits, religious wine retailer permits and temporary auction permits shall be unlawful on Sunday before ten o'clock a.m.
(2) In the case of any premises operating under a cafe permit issued under section 30-22a or a cafe permit for wine, beer and cider issued sHB5149under /section File2 No.of this act, it shall be unlawful to keep such premises open to, or permit such premises to be occupied by, the public between the hours of one o'clock a.m.
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76 under section 2 of this act, it shall be unlawful to keep such premises open to, or permit such premises to be occupied by, the public between the hours of one o'clock a.m.
(3) Notwithstanding any provision of this chapter, in the case of any premises operating under a cafe permit issued under section 30-22a or a cafe permit for wine, beer and cider issued under section 2 of this act, it shall be lawful for such premises to be open to, or be occupied by, the public when such premises is being used as a site for film, television, videoPublic orAct digitalNo. production eligible for a film production tax credit pursuant to section 12-217jj, provided the sale, dispensing or consumption of alcohol on such premises operating under such cafe permit or cafe permit for wine, beer and cider shall be prohibited beyond the hours authorized for the sale, dispensing or consumption of alcohol for such premises under this section.
This24-85 act23 shallof take24 effectSubstitute asHouse followsBill andNo. shall amend the following sections:
Section5149 1video Julyor 1,digital 2024production 30-1eligible Sec.for a film production tax credit pursuant to section 12-217jj, provided the sale, dispensing or consumption of alcohol on such premises operating under such cafe permit or cafe permit for wine, beer and cider shall be prohibited beyond the hours authorized for the sale, dispensing or consumption of alcohol for such premises under this section.
2Approved JulyMay 1,30, 2024 NewPublic sectionAct Sec.No.
324-85 July24 1,of 202424 19a-342(b) Sec.
4 July 1, 2024 19a-342a(b) Sec.
5 July 1, 2024 30-16b(a) to (g) Sec.
6 July 1, 2024 30-20(b) Sec.
7 July 1, 2024 30-22c(a) to (d) Sec.
8 July 1, 2024 30-37u(b) to (d) Sec.
9 July 1, 2024 30-38 Sec.
10 July 1, 2024 30-45 Sec.
11 July 1, 2024 30-48(a) Sec.
12 July 1, 2024 30-91(a) to (e) sHB5149 / File No.
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76 Statement of Legislative Commissioners:
In Section 7(b), "at a permit premises" was changed to "at [a] permit premises" for internal consistency;
and in Section 7(c)(2), "not [less] fewer than" was changed to "not less than" for consistency.
GL Joint Favorable Subst.
sHB5149 / File No.
76 23 sHB5149 File No.
76 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 25 $ FY 26 $ Department of Revenue Services;
Various - See Below See Below Resources of the General Fund Potential Revenue Gain Note:
Various=Various Municipal Impact:
None Explanation The bill makes various changes to the state liquor statutes resulting in the potential revenue gain described below.
Section 2 creates a café permit for wine, beer and cider for an annual fee of $1,000 resulting in a potential revenue gain to the extent there is an increase in the number of permits as opposed to a shift in existing permits.
Section 2 also results in a potential revenue gain to the state’s sales and alcoholic beverage taxes by establishing a new café permit.
The revenue gain is dependent upon the number of permits approved and only to the extent that there is an increase in alcohol and food sales rather than a shift from currently allowed transactions.
Section 6 results in a potential revenue gain to the state’s sales and alcoholic beverages taxes by allowing package store permittees to conduct fee-based spirits education and tasting classes or 1Currently you can apply for a variety of liquor permits with fees ranging from $300 to $2,000.
sHB5149 / File No.
76 24 sHB5149 File No.
76 demonstrations.
Any revenue gain would be only to the extent that there is an increase in alcohol sales resulting from such classes and demonstrations.
The Out Years The annualized ongoing fiscal impact identified above would continueintothefuturesubjectto thenumber ofpermitsappliedfor and inflation.
sHB5149 / File No.
76 25 sHB5149 File No.
76 OLR Bill Analysis sHB 5149 AN ACT CONCERNING CAFE AND PACKAGE STORE PERMITTEES.
SUMMARY This bill (1) establishes a new cafe permit for wine, beer, and cider that is largely similar to the existing cafe permit and (2) allows package stores to charge for spirits tastings and demonstrations under certain conditions.
Among other things, under the bill, the new cafe permittee may:
1.
sell and dispense wine, beer, and cider during the same hours as other permittees for on-premises alcohol consumption and in an outdoor space if fire, zoning, or health regulations allow it;
2.
have the permissions of a caterer liquor permittee at no charge;
3.
sell and deliver sealed beer, wine, and cider for off-premises consumption, under certain requirements;
and 4.
hold certain other alcoholic liquor permits.
The bill also (1) sets certain requirements for these permittees, including that they have food available during most of the hours they are open and (2) extends to these permittees specified provisions that apply under existing law to café permittees.
EFFECTIVE DATE:
July 1, 2024 CAFE PERMIT FOR WINE, BEER, AND CIDER The bill establishes a new cafe permit for wine, beer, and cider that is largely similar to the existing cafe permit.
The permittee may sell wine, sHB5149 / File No.
76 26 sHB5149 File No.
76 beer, and cider that does not exceed 6% alcohol by volume (ABV) for on-premises consumption.
The annual fee is $1,000.
Definition of Cafe (§ 2) Under the bill, a “cafe” is a space:
1.
in a suitable and permanent building;
2.
kept, used, maintained, advertised, and held to the public as a place where alcoholic liquor and food are served at retail for on- premises consumption;
3.
having the adequate number of employees at all times;
4.
with no public sleeping accommodations;
and 5.
that does not necessarily need a kitchen or dining room (i.e., room where meals are usually served to the public for payment).
Allowable Hours (§ 12) Like other permittees for on-premises consumption, cafe permittees for wine, beer, and cider may only sell, dispense, allow people to consume, or have containers of alcohol during the following hours:
generally from 9:00 a.m.
to 1:00 a.m.
the next morning on Monday through Thursday, from 9:00 a.m.
to 2:00 a.m.
the next morning for Friday and Saturday, and 10:00 a.m.
to 1:00 a.m.
the next morning on Sunday.
Similarly, they may not be open to, or occupied by, the public during these times.
In addition to the allowable sales hours, it is unlawful for the new cafe permittee to keep the premises open to the public during the hours of 1:00 a.m.
to 6:00 a.m.
Monday through Friday and 2:00 a.m.
to 6:00 a.m.
Saturday and Sunday or when the permit is suspended.
Regardless of any other law in the Liquor Control Act, the new cafe permittee may keep the permit premises open to, or occupied by, the public when it is used as a place for film, television, video, or digital production that is eligible for the state film production tax credit.
But sHB5149 / File No.
76 27 sHB5149 File No.
76 the permittee is still limited in when he or she may sell, dispense, or allow the consumption of alcohol to the hours above.
Food Requirement (§ 2(b)) The bill requires the cafe permittee for beer, wine, and cider to keep food available during most of the hours it is open for customers to buy and consume on the premises.
The permittee can meet this requirement by having food available from outside vendors located on or near their premises that is delivered either directly or through a third party.
The bill does not require food to be sold or purchased with any wine, beer, or cider.
Additionally, it prohibits any regulation or standard from being adopted or enforced to require (1) food sales to be substantial or (2) a set ratio of alcohol sales to food sales.
Outdoor Space (§ 2(b)) With the Department of Consumer Protection’s (DCP) prior approval and if fire, zoning, or health regulations allow, a permittee may serve wine, beer, and cider at tables outside in areas that are screened or not screened from public view.
If the fire, zoning, or health regulations do not require that an area be enclosed by a fence or wall, DCP may not require it.
Any required fence or wall must be taller than 30 inches.
Growlers (§ 2(b)) The bill allows permittees to sell at retail sealed containers (supplied by the permittee) of wine and draught beer for off-premises consumption (i.e., growlers).
These sales are allowed only during the hours package stores are allowed to sell alcohol (i.e., between 8:00 a.m.
and 10:00 p.m.
on Monday through Saturday and between 10:00 a.m.
and 6:00 p.m.
on Sunday, but not on Thanksgiving Day, Christmas, and New Year’s Day).
Permittees may sell up to 196 ounces of beer to any person on any day sales are allowed.
(The bill does not similarly limit the amount of wine a permittee may sell in a growler.) Unfinished Wine Bottle Packed to Go (§ 2(c)) The newpermit allowsacustomer to takeoneunsealedbottleofwine sHB5149 / File No.
76 28 sHB5149 File No.
76 off the premises if the:
1.
customer bought a “full course meal” (i.e., diverse foods normally consumed with tableware and that cannot be conveniently eaten while standing or walking) to eat on the premises;
2.
wine was unsealed on the premises to be consumed with the meal;
3.
customer consumed some of the wine;
4.
permittee or hisor heragent or employee securely sealsthebottle and places it in a bag before the wine is removed from the premises;
and 5.
remaining wine is consumed off the premises.
Permissible Uses as a Caterer Liquor Permittee (§ 2(d)) Unlike the existing cafe permit, but like a restaurant permit, the bill allows a cafe permittee for wine, beer, and cider to have the same allowable uses as a caterer liquor permit at no charge, but subject to the caterer liquor permittee requirements.
By law, caterer liquor permittees may, among other things, sell and serve liquor, beer, spirits, and wine for on-premises consumption, with or without food, at any outside activity, event, or function for which they are hired, for a permit fee of $440.
Among other things, the permittee must notify DCP at least one business day before an event of the event’s date, hours, and location.
The notice must be given on a DCP-prescribed form or, if the caterer is unable to do so due to exigent circumstances, by telephone (CGS § 30-37j).
Extension of Cafe Permittee Abilities (§§ 3-5 & 7-11) The bill also extends to cafe permittees for wine, beer, and cider the same provisions that apply to cafe permittees under existing law.
This includes provisions:
sHB5149 / File No.
76 29 sHB5149 File No.
76 1.
prohibiting indoor smoking and vaping on permit premises (§§ & 4);
2.
allowing them to sell and deliver sealed beer, wine, and cider for off-premises consumption, subject to certain requirements and limitations (§ 5);
3.
allowing them operate a juice bar or similar facility (i.e., an area to serve nonalcoholic beverages to people under age 21) on the permit premises, subject to certain requirements (§ 7);
4.
allowing canceled permittees to sell or consign beer and wine to a temporary auction permittee for sale at an auction (§ 8);
5.
allowing them to store alcoholic liquor on the premises and at one other secure location that is registered and approved by DCP (§ 9);
6.
exempting them from the law requiring DCP to refuse liquor permits to certain people (e.g., certain law enforcement officials and minors) (§ 10);
7.
allowing them to (a) be a permittee or backer of any other or all of the classes, and (b) hold a seasonal outdoor open-air or an outdoor open-air permit (§ 11);
and 8.
prohibiting a manufacturer permittee for beer and his or her spouse or child from being a holder or backer of more than three cafe permits for wine, beer, and cider (§ 11).
§ 6 — SPIRITS CLASSES, DEMONSTRATIONS, AND SAMPLES BY PACKAGE STORE PERMITTEES The bill allows package store permittees to charge for spirits education and tasting classes and demonstrations.
Existing law allows them to provide free spirit samples for tastings, but limits the fee-based classes and demonstrations to wine only.
The bill also limits the amount of spirits that may be provided to sHB5149 / File No.
76 30 sHB5149 File No.
76 customers by prohibiting the permittee or backer (i.e., proprietor) from offering or giving any customer, for sampling or tasting per day, (1) more than one-half ounce of any single spirit or (2) a total of more than two ounces per day.
It also prohibits them from providing the tastings at below cost (i.e., posted bottle price plus delivery charge).
As under existing law for wine classes or demonstrations, the spirit classes and demonstrations must be held on the permit premises and held during the hours a package store may sell alcoholic liquor.
COMMITTEE ACTION General Law Committee Joint Favorable Substitute Yea 22 Nay 0 (03/07/2024) sHB5149 / File No.
76 31
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View plain text versions (4)
- Chaptered Public Act No. 24-85 Current pdf
- File No. 76 View text pdf
- Raised Bill View text pdf
- Substitute GL Joint Favorable Substitute pdf
Action History
-
SIGNED BY GOVERNOR
-
TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
-
TRANSMITTED TO SECRETARY OF THE STATE
-
PUBLIC ACT 24-85
-
ON CONSENT CALENDAR /IN CONCURRENCE
-
SENATE PASSED
-
SENATE CALENDAR NUMBER 371
-
FAV. RPT., TAB. FOR CAL., SEN.
-
HOUSE PASSED
-
FILE NO. 76
-
HOUSE CALENDAR NUMBER 79
-
FAV. RPT., TABLED FOR HOUSE CALENDAR
-
RPTD. OUT OF LCO
-
REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/20/24
-
FILED WITH LCO
-
Joint Favorable Substitute
-
PUBLIC HEARING 0220
-
REF. TO JOINT COMM. ON General Law
Sponsors
- Raghib Allie-Brennan · Primary
- Irene M. Haines · Primary
- Christine Conley · Primary
- Martin Foncello · Primary
- Tom Delnicki · Primary
- Lisa Seminara · Primary
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 0 co-sponsors · 181 not signed on · 3 voted No
Sponsors (6)
- Raghib Allie-Brennan Democratic
- Irene M. Haines Republican
- Christine Conley
- Martin Foncello Republican
- Tom Delnicki Republican
- Lisa Seminara
Co-sponsors (0)
None.
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 23 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Republican | 10 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Kevin C. Kelly | — | Yea |
| Lisa Seminara | — | Yea |
| Marilyn Moore | — | Yea |
| Bob Duff | Democratic | Yea |
| Catherine A. Osten | Democratic | Yea |
| Ceci Maher | Democratic | Yea |
| Christine Cohen | Democratic | Yea |
| Derek Slap | Democratic | Yea |
| Douglas McCrory | Democratic | Yea |
| Gary A. Winfield | Democratic | Yea |
| Herron Gaston | Democratic | Yea |
| James J. Maroney | Democratic | Yea |
| Jan Hochadel | Democratic | Yea |
| Joan V. Hartley | Democratic | Yea |
| John W. Fonfara | Democratic | Yea |
| Jorge Cabrera | Democratic | Yea |
| Julie Kushner | Democratic | Yea |
| MD Rahman | Democratic | Yea |
| Mae Flexer | Democratic | Yea |
| Martha Marx | Democratic | Yea |
| Martin M. Looney | Democratic | Yea |
| Matthew L. Lesser | Democratic | Yea |
| Norman Needleman | Democratic | Yea |
| Patricia Billie Miller | Democratic | Yea |
| Rick Lopes | Democratic | Yea |
| Saud Anwar | Democratic | Yea |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| Jeff Gordon | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Paul Cicarella | Republican | Yea |
| Rob Sampson | Republican | Yea |
| Ryan Fazio | Republican | Yea |
| Stephen G. Harding | Republican | Yea |
| Tony Hwang | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 75 | 3 | 0 | 3 |
| Republican | 44 | 0 | 0 | 0 |
| Unaffiliated | 25 | 0 | 0 | 1 |
| Total | 144 | 3 | 0 | 4 |
| % of votes cast | 95% | 2% | 0% | 3% |
How each member voted (151)
| Member | Party | Vote |
|---|---|---|
| Arnone | — | Yea |
| Khanna | — | Yea |
| Michel | — | Yea |
| Conley | — | Yea |
| Chaleski | — | Yea |
| Currey | — | Yea |
| Cheeseman | — | Yea |
| D'agostino | — | Yea |
| Cooley | — | Yea |
| Dancho | — | Yea |
| Palm | — | Yea |
| Denning | — | Yea |
| Porter | — | Yea |
| Ferraro | — | Yea |
| Cook | — | Yea |
| Ryan | — | Yea |
| Harrison | — | Yea |
| Figueroa | — | Yea |
| Hayes | — | Yea |
| Labriola | — | Yea |
| Tercyak | — | Not Voting |
| Sanchez, R. | — | Yea |
| Mccarthy Vahey | — | Yea |
| Mccarty, K. | — | Yea |
| Morrin Bello | — | Yea |
| Sanchez, J. | — | Yea |
| Aimee Berger-Girvalo | Democratic | Yea |
| Alphonse Paolillo | Democratic | Yea |
| Andre F. Baker | Democratic | Yea |
| Anne M. Hughes | Democratic | Yea |
| Anthony L. Nolan | Democratic | Yea |
| Antonio Felipe | Democratic | Yea |
| Aundre Bumgardner | Democratic | Yea |
| Bob Godfrey | Democratic | Yea |
| Bobby G. Gibson | Democratic | Yea |
| Brandon Chafee | Democratic | Yea |
| Christopher Poulos | Democratic | Nay |
| Christopher Rosario | Democratic | Yea |
| Corey P. Paris | Democratic | Yea |
| Derell Wilson | Democratic | Yea |
| Dominique Johnson | Democratic | Yea |
| Eleni Kavros DeGraw | Democratic | Yea |
| Emmanuel Sanchez | Democratic | Yea |
| Farley Santos | Democratic | Yea |
| Frank Smith | Democratic | Yea |
| Fred Gee | Democratic | Yea |
| Gary A. Turco | Democratic | Yea |
| Geoff Luxenberg | Democratic | Yea |
| Geraldo C. Reyes | Democratic | Yea |
| Gregory Haddad | Democratic | Yea |
| Hector Arzeno | Democratic | Yea |
| Henry J. Genga | Democratic | Yea |
| Hilda E. Santiago | Democratic | Yea |
| Hubert D. Delany | Democratic | Yea |
| Jaime S. Foster | Democratic | Yea |
| Jane M. Garibay | Democratic | Yea |
| Jason Doucette | Democratic | Yea |
| Jason Rojas | Democratic | Yea |
| Jennifer Leeper | Democratic | Yea |
| Jill Barry | Democratic | Yea |
| Jillian Gilchrest | Democratic | Yea |
| John-Michael Parker | Democratic | Yea |
| Jonathan Fazzino | Democratic | Yea |
| Jonathan Steinberg | Democratic | Yea |
| Joseph P. Gresko | Democratic | Yea |
| Josh Elliott | Democratic | Yea |
| Joshua M. Hall | Democratic | Yea |
| Juan R. Candelaria | Democratic | Yea |
| Julio A. Concepcion | Democratic | Yea |
| Kadeem Roberts | Democratic | Yea |
| Kai J. Belton | Democratic | Yea |
| Kara Rochelle | Democratic | Yea |
| Kate Farrar | Democratic | Yea |
| Kerry S. Wood | Democratic | Yea |
| Kevin Brown | Democratic | Yea |
| Larry B. Butler | Democratic | Yea |
| Liz Linehan | Democratic | Not Voting |
| Lucy Dathan | Democratic | Not Voting |
| Marcus Brown | Democratic | Yea |
| Maria P. Horn | Democratic | Yea |
| Mary Fortier | Democratic | Yea |
| Mary M. Mushinsky | Democratic | Not Voting |
| Mary Welander | Democratic | Yea |
| Maryam Khan | Democratic | Yea |
| Matt Blumenthal | Democratic | Yea |
| Matthew Ritter | Democratic | Yea |
| Melissa Osborne | Democratic | Yea |
| Michael D. Quinn | Democratic | Yea |
| Michael DiGiovancarlo | Democratic | Yea |
| Mike Demicco | Democratic | Nay |
| Minnie Gonzalez | Democratic | Yea |
| Moira Rader | Democratic | Yea |
| Patricia A. Dillon | Democratic | Yea |
| Patrick S. Boyd | Democratic | Yea |
| Raghib Allie-Brennan | Democratic | Yea |
| Robin E. Comey | Democratic | Nay |
| Roland J. Lemar | Democratic | Yea |
| Ronald A. Napoli | Democratic | Yea |
| Sarah Keitt | Democratic | Yea |
| Stephen R. Meskers | Democratic | Yea |
| Steven J. Stafstrom | Democratic | Yea |
| Susan M. Johnson | Democratic | Yea |
| Tammy R. Exum | Democratic | Yea |
| Toni E. Walker | Democratic | Yea |
| Travis Simms | Democratic | Yea |
| Trenee McGee | Democratic | Yea |
| William Heffernan | Democratic | Yea |
| Anne Dauphinais | Republican | Yea |
| Ben McGorty | Republican | Yea |
| Bill Buckbee | Republican | Yea |
| Brian Lanoue | Republican | Yea |
| Cara Christine Pavalock-D'Amato | Republican | Yea |
| Carol Hall | Republican | Yea |
| Chris Aniskovich | Republican | Yea |
| Christie M. Carpino | Republican | Yea |
| Craig C. Fishbein | Republican | Yea |
| Dave W. Yaccarino | Republican | Yea |
| David Rutigliano | Republican | Yea |
| Devin R. Carney | Republican | Yea |
| Donna Veach | Republican | Yea |
| Doug Dubitsky | Republican | Yea |
| Gale L. Mastrofrancesco | Republican | Yea |
| Greg S. Howard | Republican | Yea |
| Irene M. Haines | Republican | Yea |
| Jason Perillo | Republican | Yea |
| Jay M. Case | Republican | Yea |
| Joe Hoxha | Republican | Yea |
| Joe Polletta | Republican | Yea |
| John E. Piscopo | Republican | Yea |
| Joseph H. Zullo | Republican | Yea |
| Karen Reddington-Hughes | Republican | Yea |
| Kathy Kennedy | Republican | Yea |
| Kurt Vail | Republican | Yea |
| Lezlye Zupkus | Republican | Yea |
| Mark DeCaprio | Republican | Yea |
| Mark W. Anderson | Republican | Yea |
| Martin Foncello | Republican | Yea |
| Mitch Bolinsky | Republican | Yea |
| Nicole Klarides-Ditria | Republican | Yea |
| Patrick E. Callahan | Republican | Yea |
| Seth Bronko | Republican | Yea |
| Steve Weir | Republican | Yea |
| Tami Zawistowski | Republican | Yea |
| Tammy Nuccio | Republican | Yea |
| Tim Ackert | Republican | Yea |
| Tom Delnicki | Republican | Yea |
| Tom O'Dea | Republican | Yea |
| Tony J. Scott | Republican | Yea |
| Tracy Marra | Republican | Yea |
| Vincent J. Candelora | Republican | Yea |
| William Pizzuto | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 5149?
- HB 5149 is sponsored by Raghib Allie-Brennan (Democratic), Irene M. Haines (Republican), Christine Conley, Martin Foncello (Republican), Tom Delnicki (Republican), and Lisa Seminara.
- What is the current status of HB 5149?
- This bill has been enacted into law. Introduced February 15, 2024. Enacted.
- Where can I track HB 5149?
- Track HB 5149 free on One Click Politics — get push/email alerts when it moves.
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