Sec. 30-8. Investigations, oaths and subpoenas. The Department of Consumer
Protection and any agent thereof authorized to conduct any inquiry, investigation or
hearing under the provisions of this chapter shall have power to administer oaths and
take testimony under oath relative to the matter of inquiry or investigation. The Commissioner of Consumer Protection may withhold from disclosure any complaints or inspections that result in an investigation conducted by the department under this chapter, or
any other information obtained by the department during the course of an investigation
conducted by the department under this chapter, until the earlier of (1) the date when
the investigation is completed, (2) six months after the date when the complaint resulting
in the investigation was filed, or (3) six months after the investigation was commenced.
At any hearing ordered by the department, the department or such agent having authority
by law to issue such process may subpoena witnesses and require the production of
records, papers and documents pertinent to such inquiry. No witness under subpoena
authorized to be issued by the provisions of this section shall be excused from testifying
or from producing records, papers or documents on the ground that such testimony or
the production of such records or other documentary evidence would tend to incriminate
him, but such evidence or the records or papers so produced and any information directly
or indirectly derived from such evidence, records or papers shall not be used in any
criminal proceeding against him. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him by the
department or its authorized agent or to produce any records and papers pursuant thereto,
the department or its agent may apply to the superior court for the judicial district of
Hartford or for the judicial district wherein the person resides or wherein the business
has been conducted, setting forth such disobedience to process or refusal to answer, and
the court shall cite such person to appear before the court to answer such question or to
produce such records and papers and, upon his refusal so to do, shall commit such person
to a community correctional center until he testifies, but not for a longer period than
sixty days. Notwithstanding the serving of the term of such commitment by any person,
the department may proceed with such inquiry and examination as if the witness had
not previously been called upon to testify. Officers who serve subpoenas issued by the
department or under its authority and witnesses attending hearings conducted by it under
this section shall receive like fees and compensation as officers and witnesses in the
courts of this state to be paid on vouchers of the department on order of the Comptroller.
(1949 Rev., S. 4230; 1969, P.A. 297; P.A. 77-614, S. 165, 587, 610; P.A. 78-280, S. 2, 6, 127; 78-303, S. 80, 85, 136;
P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-139, S. 6; 93-142, S. 4, 7, 8; P.A.
95-195, S. 15, 83; 95-220, S. 4-6; P.A. 97-175, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: 1969 act replaced jails with community correctional centers; P.A. 77-614 replaced liquor control commission
with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 78-280 replaced
"county" with "judicial district" and "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 78-303
clarified and qualified name change enacted by P.A. 77-614; P.A. 80-482 made division of liquor control an independent
department and abolished the department of business regulation, overriding provision of same act which would have placed
the division within the public safety department; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with
"judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from
September 1, 1991, to September 1, 1993; P.A. 93-139 extended the prohibition against using evidence produced by a
witness for prosecution to any information derived directly or indirectly from such evidence; P.A. 93-142 changed the
effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-195 amended
Subsec. (a) by substituting Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995;
P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1,
1995; P.A. 97-175 added provisions re withholding information from disclosure and made technical changes; June 30 Sp.
Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and
Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.
Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June
1, 2004.
Reviewing court must extract from record certified to it legally admissible evidence pertinent to issue on appeal. 160
C. 1, 6.
PART III*
LOCAL OPTION
*See Sec. 30-25a re club permits in no-permit towns.
See Sec. 30-37a re inapplicability of this part to nonprofit public art museum permits.
Cited. 191 C. 528, 532.
Sec. 30-9. Status of towns as to sale of alcoholic liquor. The sale of alcoholic
liquor under the provisions of this chapter shall be permitted in any town in the state
until by vote of the town, taken as provided in section 30-10, a contrary preference has
been indicated; and nothing contained in this chapter shall be construed to permit the
sale of alcoholic liquor in any town which has voted to the contrary.
(1949 Rev., S. 4231, 4319.)
Cited. 118 C. 270; 134 C. 292. Sale of liquor could not be absolutely prohibited in town otherwise than by a vote of a
town meeting. 136 C. 286; 156 C. 291. Cited. 191 C. 528, 532.
Sec. 30-10. Vote on liquor permit question. Upon the petition of not less than
ten per cent of the electors of any town, lodged with the town clerk at least sixty days
before the date of any regular town election, the selectmen of the town shall warn the
electors of such town that, at the regular town election, a vote shall be taken to determine:
(1) Whether or not the sale of alcoholic liquor shall be permitted in such town, or (2)
whether the sale of alcoholic liquor shall be permitted in such town in one or more of
the classes of permits set forth in section 30-15. Such vote shall be taken in the manner
prescribed in sections 9-369 and 30-11, and shall become effective on the first Monday
of the month next succeeding such town election and shall remain in force until a new
vote is taken; provided such vote may be taken at a special election called for the purpose
in conformity with the provisions of section 9-164 and provided at least one year shall
have elapsed since the previous vote was taken. The provisions of chapter 145 concerning absentee voting at referenda shall apply to all votes taken upon the question of liquor
permits. Any class or classes of permits already allowed in a town shall not be affected
by any vote unless the petition specifies such class or classes or requests "No Permits".
(1949 Rev., S. 4232; 1953, S. 2150d; February, 1965, P.A. 362, S. 1; 1972, P.A. 294, S. 31; P.A. 79-604, S. 3, 5; P.A.
82-144; P.A. 86-179, S. 51, 53.)
History: 1965 act replaced reference to beer only sales in Subdiv. (2) with reference to sale of alcoholic liquor "in one
or more of the classes of permits set forth in section 30-15"; 1972 act referred to "regular" town elections rather than
"annual" elections, deleting provision which allowed vote at special election only for towns with biennial elections; P.A.
79-604 specified that classes of permits already allowed in a town remain unaffected by vote unless specified in petition
or "no permits" is requested in petition; P.A. 82-144 moved filing date for petition from twenty to sixty days before the
date of election; P.A. 86-179 made technical change.
See Sec. 30-1 for applicable definitions.
See note to Sec. 30-9.
See Sec. 30-91 re hours and days of closing.
Cited. 149 C. 680. Cited. 184 C. 75, 80. Cited. 191 C. 528, 532.
Sec. 30-11. Form of ballot label. The ballot label designations in a vote upon the
question of liquor permits shall be "Shall the sale of alcoholic liquor (Permit for All
Alcoholic Liquor) be allowed in .... (Name of town)?" or "Shall the sale of alcoholic
liquor under (Specified Permit or Permits) be allowed in .... (Name of town)?" or "Shall
the sale of alcoholic liquor be prohibited (No Permits) in .... (Name of town)?" and shall
be provided in accordance with the provisions of section 9-250. No elector shall vote
for more than one designation. No permit shall be issued for "all alcoholic liquor" unless
a majority of the votes cast shall be for "all alcoholic liquor" and votes for "all alcoholic
liquor" shall be added to, and counted as, votes for "(specified) permit" or "(specified)
permits" in case the votes for "all alcoholic liquor" shall not amount to a majority of
the total number of votes cast. The provisions of this section shall not affect wholesaler
permits.
(1949 Rev., S. 4233; 1953, S. 2151d; February, 1965, P.A. 362, S. 2; P.A. 86-170, S. 12, 13.)
History: 1965 act referred to "(Specified) Permits" rather than to "Beer Permits"; P.A. 86-170 required that designation
on ballot label be in form of question.
Cited. 184 C. 75, 80. Cited. 191 C. 528, 532.
Sec. 30-12. Liquor permit contrary to vote void. When any town has so voted
upon the question of liquor permits, any liquor permit granted in such town which is
not in accordance with such vote shall be void except manufacturer permits, railroad
permits and golf country club permits.
(1949 Rev., S. 4234; February, 1965, P.A. 553, S. 2.)
History: 1965 act included reference to golf country club permits.
See Sec. 30-44 re mandatory refusal of permit when sale prohibited.
Cited. 138 C. 178. Cited. 184 C. 75, 78, 80, 81. Cited. 191 C. 528, 532.
Sec. 30-13. Previous town action to remain in effect. In all cases in which a town,
either by vote of a town meeting or by ordinance, previous to May 18, 1950, acted on
the sale of alcoholic liquors or the reduction of the number of hours when such sale is
permissible, such action shall remain in effect until further action is taken in accordance
with this chapter.
(March, 1950, S. 2176d.)
Cited. 184 C. 75, 79. Cited. 191 C. 528, 532.
Sec. 30-13a. Prior vote not to apply to sale under golf country club permit.
Referendum requirement. In any case in which a town has, under the provisions of
this part, acted, prior to October 1, 1965, to prohibit the sale of alcoholic liquor or restrict
such sale to beer only, such action shall not apply to the sale of alcoholic liquor under
a golf country club permit, except that the granting of any such permit by the Department
of Consumer Protection shall be subject to the provisions of section 30-25a, provided
any such permit issued prior to October 1, 1973, shall be subject to the provisions of
said section 30-25a only if the holder fails to renew such permit or it is revoked by the
department for cause.
(February, 1965, P.A. 553, S. 3; P.A. 73-601, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A.
80-482, S. 4, 170, 191, 345, 348; P.A. 95-195, S. 16, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: P.A. 73-601 stated when granting of permit is to be subject to provisions of Sec. 30-25a; P.A. 77-614 replaced
liquor control commission with division of liquor control within the department of business regulation, effective January
1, 1979; P.A. 78-303 clarified and qualified name change enacted in P.A. 77-614; P.A. 80-482 made division of liquor
control an independent department and abolished the department of business regulation, overriding provision of same act
which would have placed the division within the public safety department; P.A. 95-195 substituted Department of Consumer
Protection for Department of Liquor Control, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced
Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004;
P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture
and Consumer Protection, effective June 1, 2004.
Cited. 191 C. 528, 532.
Sec. 30-13b. Local option re nonprofit theater permits. Section 30-13b is repealed.
(1967, P.A. 725, S. 5; P.A. 74-20, S. 1, 2.)
PART IV
PERMITS
Sec. 30-14. Nature and duration of permit. Renewal by transferee or purchaser of permit premises. (a) A permit shall be a purely personal privilege that expires
annually, except a permit issued under sections 30-25, 30-35, 30-37b, 30-37d, 30-37g
and 30-37h, and revocable in the discretion of the Department of Consumer Protection
subject to appeal as provided in section 30-55. A permit shall not constitute property,
nor shall it be subject to attachment and execution, nor shall it be alienable, except that
it shall descend to the estate of a deceased permittee by the laws of testate or intestate
succession. A railroad permit or an airline permit shall be granted to the railroad corporation or airline corporation and not to any person, and the corporation shall be the permittee.
(b) Any permit in this part, except a permit issued under sections 30-25, 30-35, 30-37b, 30-37d, 30-37g and 30-37h, may be issued for a continuous period of not more
than six consecutive calendar months, at two-thirds of regular fees, but rebate of fees
shall not be permitted for any unexpired portion of the term of a permit revoked by
reason of a violation of any provision of this chapter.
(c) The executors or administrators of the estate of any deceased permittee, and the
trustees of any insolvent or bankrupt estate of a permittee, when such estate consists in
whole or in part of alcoholic liquor, may continue the business of the sale or manufacture
of alcoholic liquor under order of the appropriate court and may exercise the privileges
of the deceased or insolvent or bankrupt permittee for a period not exceeding six months
after the date of such decease or of such insolvency or bankruptcy, or until such time
as the applicable permit expires, whichever date is later. A certified copy of the order
of the court authorizing the continuance of such business shall be filed with the department. In the event of the death, insolvency or bankruptcy of a backer, the permittee of
such backer shall have the same rights and privileges as set forth in this section, provided,
in addition to the order of said court, the executor or administrator of the estate of any
deceased backer, or the trustee of any insolvent or bankrupt estate of a backer, shall file
a notice with the department that he has authorized such permittee to continue such
business.
(d) Notwithstanding any provision of this section, a package store permit may be
renewed by a transferee or purchaser of permit premises under section 30-14a.
(1949 Rev., S. 4236; P.A. 73-543, S. 5, 14; P.A. 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 80-482,
S. 4, 170, 191, 345, 348; P.A. 81-294, S. 7, 22; P.A. 93-139, S. 7; P.A. 95-195, S. 17, 83; P.A. 97-175, S. 2; P.A. 99-194,
S. 23; P.A. 01-195, S. 93, 181; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: P.A. 73-543 included references to airline permits and airline corporations; P.A. 77-614 replaced liquor control
commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A.
78-303 clarified and qualified name change enacted in P.A. 77-614; P.A. 80-482 made division of liquor control an
independent department and abolished the department of business regulation, overriding provision of same act which
would have placed the division within the public safety department; P.A. 81-294 added Subsec. (b) allowing renewal of
permit by transferee or purchaser of premises on and after June 8, 1981; P.A. 93-139 made technical changes and added
a provision for a six-month permit as new Subsec. (b), relettering a part of former Subsec. (a) as (c) and former Subsec.
(b) as (d); P.A. 95-195 amended Subsec. (a) by substituting Department of Consumer Protection for Department of Liquor
Control, effective July 1, 1995; P.A. 97-175 amended Subsec. (a) to provide that permits shall descend to the estate of a
deceased permittee by the laws of testate or intestate succession and to make a technical change, and amended Subsec. (c)
by adding provision re exercise of privileges of deceased or insolvent or bankrupt permittee until such time as the applicable
permit expires, deleting provision re filing of court order within ten days of the date of issuance of such order, and making
a technical change; P.A. 99-194 amended Subsec. (a) to make technical change; P.A. 01-195 made a technical change in
Subsec. (a), effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer
Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec.
146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004.
Cited. 118 C. 253; 126 C. 456; 128 C. 163; 129 C. 621. A renewal is not an extension of the term of the original permit
but the issuance of a new one. 133 C. 151. A permit is a matter of privilege not right. 144 C. 241. Cited. 150 C. 426. Permit
is not property but merely a personal privilege. 153 C. 247.
Cited. 12 CA 455, 463.
Personal privilege aspect of permit discussed. 5 CS 418; 16 CS 355. Privilege is not a grant of the commission but of
the state under prescribed conditions. 10 CS 489. Permittee is a party to an action seeking to revoke his permit, but he may
not be a party if the action is to prevent the issuance of a permit. 16 CS 108. Where permittee is ejected, the premises do
not retain their character as a permit place. Id., 355. Apparently requires that, except for railroads, permits be issued to
individuals only. 18 CS 274.
Subsec. (a):
Cited. 6 CA 278, 279, 282.