Connecticut Seal

House Bill No. 6071

Public Act No. 05-7

AN ACT AUTHORIZING THE RETAIL SALE OF BEER BY PERSONS WHO HOLD A MANUFACTURER PERMIT FOR BEER OR A BREW PUB.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 30-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A manufacturer permit shall allow the manufacture of alcoholic liquor and the storage, bottling and wholesale distribution and sale of alcoholic liquor manufactured or bottled to permittees in this state and without the state as may be permitted by law; but no such permit shall be granted unless the place or the plan of the place of manufacture has received the approval of the Department of Consumer Protection. A holder of a manufacturer permit may apply for and shall receive an out-of-state shipper's permit for manufacturing plants and warehouse locations outside the state owned by such manufacturer or a subsidiary corporation thereof, at least eighty-five per cent of the voting stock of which is owned by such manufacturer, to bring into any of its plants or warehouses in the state alcoholic liquors for reprocessing, repackaging, reshipment or sale either (1) within the state to wholesaler permittees not owned or controlled by such manufacturer, or (2) outside the state. A holder of a manufacturer permit, except a manufacturer permit for cider, may apply for and shall receive a wholesaler permit. The annual fee for a manufacturer permit shall be one thousand six hundred dollars.

(b) A manufacturer permit for beer shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to beer, but shall permit the storage of beer in any part of the state. Such permit shall also authorize the offering and tasting, on the premises of the permittee, of free samples of beer brewed on such premises and the selling at retail from the premises of sealed bottles or other sealed containers of such beer for consumption off the premises. The offering and tasting shall be limited to visitors who have attended a tour of the premises of the permittee. Such selling at retail from the premises of sealed bottles or other sealed containers shall comply with the provisions of subsection (d) of section 30-91, as amended by this act, and shall permit not more than eight liters of beer to be sold to any person on any day on which such sale is authorized under the provisions of subsection (d) of section 30-91, as amended by this act. The annual fee for a manufacturer permit for beer shall be eight hundred dollars.

(c) A manufacturer permit for cider not exceeding six per cent alcohol by volume and apple wine not exceeding fifteen per cent alcohol by volume shall allow the manufacture, storage, bottling and wholesale distribution and sale at retail of such cider and apple wine to permittees and nonpermittees in this state as may be permitted by law; but no such permit shall be issued unless the place or the plan of the place of manufacture has received the approval of the department. The annual fee for a manufacturer permit for cider shall be one hundred sixty dollars.

(d) A manufacturer permit for apple brandy and eau-de-vie shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to apple brandy or eau-de-vie, or both. The annual fee for a manufacturer permit for apple brandy and eau-de-vie shall be three hundred twenty dollars.

(e) A manufacturer permit for a farm winery shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to wine and brandies distilled from grape products or other fruit products, including grappa and eau-de-vie. As used in this section, "farm winery" means any place or premises, located on a farm in the state in which wine is manufactured and sold. Such permit shall authorize the sale in bulk by the holder thereof from the premises where the products are manufactured pursuant to such permit and shall authorize the holder thereof to sell from such farm winery premises to a retailer wine manufactured by the farm winery permittee in the original sealed containers of not more than fifteen gallons per container and to sell or deliver such wine or brandy to persons outside the state. Such permit shall also authorize: (1) The offering and tasting of free samples of such wine or brandy to visitors and prospective retail customers for consumption on the premises of the farm winery permittee; (2) the selling at retail from the premises sealed bottles or other sealed containers of such wine or brandy for consumption off the premises; and (3) the selling at retail from the premises wine by the glass and bottle to visitors on the premises of the farm winery permittee for consumption on the premises, provided a town may, by ordinance or zoning regulation, prohibit any such offering, tasting or selling at retail at premises within such town for which a manufacturer permit for farm winery has been issued. No licensed farm winery may sell any such wine or brandy not manufactured by such winery, except a farm winery may sell wine manufactured by another farm winery located in this state. The farm winery permittee shall produce within the state an average crop of fruit equal to not less than twenty-five per cent of the fruit used in the manufacture of the farm winery permittee's wine. An average crop shall be defined each year as the average yield of the farm winery permittee's two largest annual crops out of the preceding five years, except that during the first seven years from the date of issuance of a farm winery permit, an average crop shall be defined as three tons of grapes for each acre of vineyard farmed by the farm winery permittee. The annual fee for a manufacturer permit for a farm winery shall be two hundred forty dollars.

(f) A manufacturer permit for a brew pub shall allow the manufacture, storage and bottling of beer, [and] the retail sale of alcoholic liquor to be consumed on the premises with or without the sale of food, and the selling at retail from the premises of sealed bottles or other sealed containers of beer brewed on such premises for consumption off the premises, provided that the holder of a manufacturer permit for a brew pub produces at least five thousand gallons of beer on the premises annually. [On and after July 1, 1995, such permit shall also authorize any person holding such permit on January 1, 1994, to engage in the retail sale of beer produced on the premises for personal consumption off the premises provided (1) such beer shall be dispensed into sealed containers not larger than two liters and (2) no permittee shall allow a person to purchase more than one container of such beer per day. ] Such selling at retail from the premises of sealed bottles or other sealed containers shall comply with the provisions of subsection (d) of section 30-91, as amended by this act, and shall permit not more than eight liters of beer to be sold to any person on any day on which such sale is authorized under the provisions of subsection (d) of section 30-91, as amended by this act. The annual fee for a manufacturer permit for a brew pub shall be two hundred forty dollars.

Sec. 2. Subsections (d) and (e) of section 30-91 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(d) The sale or dispensing of alcoholic liquor in places operating under package store permits, drug store permits, manufacturer permits for a brew pub, manufacturer permits for beer or grocery store beer permits shall be unlawful on Decoration Day, Independence Day, Labor Day, Thanksgiving Day, New Year's Day, Sunday or Christmas or, if Independence Day, Christmas or New Year's Day occurs on a Sunday, on the Monday next following such day except that such sale or dispensing shall be lawful on any Independence Day occurring on a Saturday; and such sale or dispensing of alcoholic liquor in places operating under package store permits, drug store permits, manufacturer permits for a brew pub, manufacturer permits for beer and grocery store beer permits shall be unlawful on any other day before eight o'clock a. m. and after nine o'clock p. m. [It shall be unlawful for the holder of a manufacturing permit for a brew pub to sell beer for consumption off the premises on the days or hours prohibited by this subsection. ] Any town may, by a vote of a town meeting or by ordinance, reduce the number of hours during which such sale shall be permissible.

(e) (1) In the case of any premises operating under a tavern permit, premises operating under a manufacturer permit for a brew pub, a manufacturer permit for beer or premises operating under a cafe permit, wherein, under the provisions of this section, the sale of alcoholic liquor is forbidden on certain days or hours of the day, or during the period when a tavern permit, manufacturer permit for a brew pub, manufacturer permit for beer or cafe permit is suspended, it shall likewise be unlawful to keep such premises open to, or permit it to be occupied by, the public on such days or hours.

(2) For a period of one year after October 1, 1999, the provisions of this subsection shall not apply to any premises operating under a manufacturer permit for a brew pub in which class III gaming, as defined in the Indian Gaming Regulatory Act, P. L. 100-497, 25 USC 2701, et seq. , may be legally conducted.

Approved April 19, 2005