Sec. 30-16. Manufacturer permit. (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 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. 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) (1) 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.
(2) Such permit shall authorize (A) the sale in bulk by the holder thereof from the
premises where the products are manufactured pursuant to such permit; (B) as to a
manufacturer who produces one hundred thousand gallons of wine or less per year, the
sale and shipment by the holder thereof to a retailer of wine manufactured by the farm
winery permittee in the original sealed containers of not more than fifteen gallons per
container; (C) the sale and shipment by the holder thereof of wine manufactured by the
farm winery permittee to persons outside the state; (D) 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; (E) the sale at retail from the premises
of sealed bottles or other sealed containers of such wine or brandy for consumption off
the premises; (F) the sale at retail from the premises of wine or brandy by the glass and
bottle to visitors on the premises of the farm winery permittee for consumption on the
premises; and (G) subject to the provisions of subdivision (3) of this subsection, the sale
and delivery or shipment of wine manufactured by the permittee directly to a consumer in
this state. Notwithstanding the provisions of subparagraphs (D), (E) and (F) of this
subdivision, a town may, by ordinance or zoning regulation, prohibit any such offering,
tasting or selling at retail at premises within such town for which a manufacturer permit
for a farm winery has been issued.
(3) A permittee, when selling and shipping wine directly to a consumer in this state,
shall: (A) Ensure that the shipping labels on all containers of wine shipped directly to
a consumer in this state conspicuously state the following: "CONTAINS ALCOHOL—
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY";
(B) obtain the signature of a person age twenty-one or older at the address prior to
delivery, after requiring the signer to demonstrate that he or she is age twenty-one or older
by providing a valid motor vehicle operator's license or a valid identity card described in
section 1-1h; (C) not ship more than five gallons of wine in any two-month period to
any person in this state; (D) pay, to the Department of Revenue Services, all sales taxes
and alcoholic beverage taxes due under chapters 219 and 220 on sales of wine to consumers in this state, and file, with said department, all sales tax returns and alcoholic beverage
tax returns relating to such sales; (E) report to the Department of Consumer Protection
a separate and complete record of all sales and shipments to consumers in the state, on
a ledger sheet or similar form which readily presents a chronological account of such
permittee's dealings with each such consumer; (F) not ship to any address in the state
where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9; and (G) hold an in-state transporter's permit pursuant to section 30-19f or make any
such shipment through the use of a person who holds such an in-state transporter's
permit.
(4) No licensed farm winery may sell any such wine or brandy not manufactured
by such winery, except a licensed farm winery may sell from the premises wine manufactured by another farm winery located in this state.
(5) The farm winery permittee shall produce on the premises of the farm winery or
on property adjacent to and under the same ownership and control of said permittee
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.
(6) A holder of a manufacturer permit for a farm winery, when advertising or offering wine for direct shipment to a consumer in this state via the Internet or any other on-line computer network, shall clearly and conspicuously state such liquor permit number
in its advertising.
(7) 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: (1) The manufacture, storage
and bottling of beer, (2) the retail sale of alcoholic liquor to be consumed on the premises
with or without the sale of food, (3) 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, and (4) the sale of sealed bottles or other sealed containers of beer brewed
on such premises to the holder of a wholesaler permit issued pursuant to subsection (b)
of section 30-17, provided that the holder of a manufacturer permit for a brew pub
produces at least five thousand gallons of beer on the premises annually. 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 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. The annual fee for a manufacturer
permit for a brew pub shall be two hundred forty dollars.
(1949 Rev., S. 4238; February, 1965, P.A. 180; 1967, P.A. 327, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-294, S.
3, 5; 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 87-141, S. 1, 2; P.A. 88-97; P.A. 89-181, S. 3, 6;
P.A. 90-72, S. 3; P.A. 91-353, S. 1, 7; P.A. 93-139, S. 10; 93-266; P.A. 95-161, S. 1, 3; 95-195, S. 20, 83; P.A. 96-220, S.
1-3, 7; P.A. 98-236, S. 5, 6; P.A. 02-25, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-111, S. 1; 04-169, S. 17; 04-189, S. 1; P.A. 05-7, S. 1; 05-274, S. 1; P.A. 06-67, S. 1; P.A. 07-39, S. 1; 07-145, S. 1; 07-165, S. 2.)
History: 1965 act added provisions in Subdiv. (1) re application by holder of manufacturer's permit for out-of-state
shipper's permit; 1967 act specified that such out-of-state shipper's permit is "to bring into any of its plants or warehouses
in the state alcoholic liquors for reprocessing, repackaging, reshipment or sale ..." rather than "for the sale of alcoholic
liquors to wholesaler permittees in this state not owned or controlled by said manufacturer"; P.A. 77-614 replaced liquor
control commission with division of liquor control within the department of business regulation, except as later specified
in P.A. 78-303, effective January 1, 1979; P.A. 78-294 added Subdiv. (5) re manufacturer's permits for farm wineries;
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. 87-141
amended Subdiv. (5) by clarifying that a manufacturer permit does not authorize the offering and tasting of free samples
of wine to visitors and prospective retail customers in towns which by ordinance prohibit such conduct, and eliminated
the limitation on the number of finished gallons of wine a manufacturer may produce annually; P.A. 88-97 amended Subsec.
(5) to provide that farm winery permits may be limited by local ordinance with respect to wine tastings and retail sales;
P.A. 89-181 added Subsec. (6) concerning manufacturer permit for a brew pub; P.A. 90-72 allowed holders of a permit to
sell alcoholic liquor in addition to beer; P.A. 91-353 amended Subdiv. (6) to require that the holder of a manufacturer
permit for a brew pub must produce at least 5,000 gallons of beer on the premises annually; P.A. 93-139 added the annual
fee for each manufacturer permit, defined "farm winery" in Subsec. (e) and made technical changes; P.A. 93-266 amended
Subdiv. (5) expanding a manufacturer permit for a farm winery to allow the production of brandies from grape and other
fruit products in addition to the production of wine; P.A. 95-161 amended Subsec. (b) to authorize the offering of beer to
and tasting of beer by tour attendees and amended Subsec. (f) to authorize the retail sale of beer produced on the premises
for off-premise consumption; P.A. 95-195 amended Subsec. (a) to substitute Department of Consumer Protection for
Department of Liquor Control, effective July 1, 1995; P.A. 96-220 amended Subsec. (c) to permit the sale of apple wine
not exceeding 15% alcohol by volume, amended Subsec. (e) to permit the selling at retail of wine by the glass and bottle for
on-premise consumption and amended Subsec. (f) to delete the sunset on the retail sale of beer for off-premise consumption,
effective June 4, 1996; P.A. 98-236 amended Subsec. (d) by adding provisions re eau-de-vie, effective June 8, 1998; P.A.
02-25 amended Subsec. (e) to allow farm winery to sell wine manufactured by another farm winery located in this state;
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. 04-111 amended Subsec. (e) by decreasing the percentage of the
average crop of fruit required to be produced within the state, for use in the manufacture of a farm winery permittee's
wine, from 51% to 25%; 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; P.A. 05-7 made a technical change in
Subsec. (a) and amended Subsecs. (b) and (f) to include authorization to sell bottles or sealed containers at retail for off-premises consumption, effective April 19, 2005; P.A. 05-274 amended Subsec. (e) to establish Subdivs. (1) to (7) and
authorize the sale and shipment of wine manufactured by the farm winery permittee to a retailer when a farm winery
permittee produces 100,000 gallons of wine or less per year, the sale at retail from the premises of wine or brandy by the
glass and bottle to visitors on the premises of the farm winery permittee and the sale and delivery or shipment of wine
manufactured by the permittee directly to a consumer in this state, effective July 13, 2005; P.A. 06-67 amended Subsec.
(e)(5) to add provision re production of fruit on premises of farm winery or on property adjacent to and under same
ownership and control of permittee, effective May 19, 2006; P.A. 07-39 changed 60-day period to 2-month period in
Subsec. (e)(3)(C); P.A. 07-145 and 07-165 both amended Subsec. (f) by designating existing items allowed under manufacturer permit for a brew pub as Subdivs. (1), (2) and (3) and adding Subdiv. (4) allowing sale of sealed bottles or containers
of beer brewed on premises to wholesaler permittee, effective June 25, 2007.
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Sec. 30-18. Out-of-state shipper's permit for alcoholic liquors. (a) An out-of-state shipper's permit for alcoholic liquor other than beer shall allow the sale of such
alcoholic liquor to manufacturer and wholesaler permittees in this state as permitted by
law and, as to any out-of-state shipper operating a farm winery who produces not more
than one hundred thousand gallons of wine per year, the sale and shipment by the holder
thereof to a retailer of wine manufactured by such permittee on the permitted premises
in the original sealed containers of not more than fifteen gallons per container. The
permit premises of an out-of-state shipper's permit for alcoholic liquor may be located
within this state or outside this state. The annual fee for an out-of-state shipper's permit
for alcoholic liquor other than beer shall be forty-five dollars for a Connecticut manufacturer or wholesaler holding such a permit and shall be one thousand dollars for any other
person holding such a permit. For purposes of this subsection, "farm winery" means
any place or premises, located on a farm in which wine is manufactured and sold provided
not less than twenty-five per cent of the fruit used in the manufacture of such wine is
produced on such farm.
(b) Subject to the provisions of this subsection, an out-of-state shipper's permit for
alcoholic liquor other than beer shall allow the sale and delivery or shipment of wine
manufactured by the permittee on the permitted premises directly to a consumer in this
state. Such permittee, when selling and shipping wine directly to a consumer in this
state, shall: (1) Ensure that the shipping labels on all containers of wine shipped directly
to a consumer in this state conspicuously state the following: "CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY"; (2) obtain the signature of a person age twenty-one or older at the address prior
to delivery, after requiring the signer to demonstrate that he or she is age twenty-one or
older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h; (3) not ship more than five gallons of wine in any two-month
period to any person in this state and not ship any wine until such permittee is registered,
with respect to the permittee's sales of wine to consumers in this state, for purposes of the
taxes imposed under chapters 219 and 220, with the Department of Revenue Services; (4)
pay, to the Department of Revenue Services, all sales taxes and alcoholic beverage taxes
due under chapters 219 and 220 on sales of wine to consumers in this state, and file,
with said department, all sales tax returns and alcoholic beverage tax returns relating
to such sales, with the amount of such taxes to be calculated as if the sale were in this
state at the location where delivery is made; (5) report to the Department of Consumer
Protection a separate and complete record of all sales and shipments to consumers in
the state, on a ledger sheet or similar form which readily presents a chronological account
of such permittee's dealings with each such consumer; (6) permit the Department of
Consumer Protection and Department of Revenue Services, separately or jointly, to
perform an audit of the permittee's records upon request; (7) not ship to any address in
the state where the sale of alcoholic liquor is prohibited by local option pursuant to
section 30-9; (8) hold an in-state transporter's permit pursuant to section 30-19f or make
any such shipment through the use of a person who holds such an in-state transporter's
permit; and (9) execute a written consent to the jurisdiction of this state, its agencies
and instrumentalities and the courts of this state concerning the enforcement of this
section and any related laws, rules, or regulations, including, but not limited to, tax laws,
rules or regulations.
(c) The Department of Consumer Protection, in consultation with the Department
of Revenue Services, may adopt regulations, in accordance with the provisions of chapter 54, to assure compliance with the provisions of subsection (b) of this section.
(d) A holder of an out-of-state shipper's permit for alcoholic liquor other than beer,
when advertising or offering wine for direct shipment to a consumer in this state via the
Internet or any other on-line computer network, shall clearly and conspicuously state
such liquor permit number in its advertising.
(e) (1) For purposes of chapter 219, the holder of an out-of-state shipper's permit
for alcoholic liquor other than beer, when shipping wine directly to a consumer in this
state, shall be deemed to be a retailer engaged in business in this state, as defined in
chapter 219, and shall be required to be issued a seller's permit pursuant to chapter 219.
(2) For purposes of chapter 220, the holder of an out-of-state shipper's permit for
alcoholic liquor other than beer, when shipping wine directly to a consumer in this state,
shall be deemed to be a distributor as defined in chapter 220 and shall be required to be
licensed pursuant to chapter 220.
(f) As used in this section, "out-of-state" means any state other than Connecticut,
any territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, but does not include any foreign country.
(1949 Rev., S. 4240; P.A. 93-139, S. 12; P.A. 01-60, S. 1; P.A. 05-274, S. 2; P.A. 07-39, S. 2.)
History: P.A. 93-139 added the annual fee for each out-of-state shipper's permit for alcoholic liquor; P.A. 01-60 added
provision re location of permit premises in or outside of state; P.A. 05-274 designated existing provisions as Subsec. (a)
and amended same to provide for the sale to a retailer when the out-of-state shipper produces not more than 100,000 gallons
of wine per year and define "farm winery", and added Subsec. (b) re the sale and delivery or shipment directly to a consumer
in this state, Subsec. (c) re regulations for direct shipment to consumers by out-of-state shippers, Subsec. (d) re the offering
of wine for direct shipment to a consumer in this state via the Internet, Subsec. (e) re classification as a retailer engaged
in business in this state and classification as a distributor, and Subsec. (f) defining "out-of-state", effective July 13, 2005;
P.A. 07-39 changed 60-day period to 2-month period in Subsec. (b)(3).
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Sec. 30-18a. Out-of-state small winery shipper's permit for wine. (a) An out-of-state winery shipper's permit for wine shall allow the sale of wine to manufacturer
and wholesaler permittees in this state as permitted by law and for those shippers that
produce not more than one hundred thousand gallons of wine per year, the sale and
shipment by the holder thereof to a retailer of wine manufactured by such permittee in
the original sealed containers of not more than fifteen gallons per container.
(b) Subject to the provisions of this subsection, an out-of-state winery shipper's
permit for wine shall allow the sale and delivery or shipment of wine manufactured by
the permittee directly to a consumer in this state. Such permittee, when selling and
shipping wine directly to a consumer in this state, shall: (1) Ensure that the shipping
labels on all containers of wine shipped directly to a consumer in this state conspicuously
state the following: "CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE
21 OR OLDER REQUIRED FOR DELIVERY"; (2) obtain the signature of a person
age twenty-one or older at the address prior to delivery, after requiring the signer to
demonstrate that he or she is age twenty-one or older by providing a valid motor vehicle
operator's license or a valid identity card described in section 1-1h; (3) not ship more
than five gallons of wine in any two-month period to any person in this state and not
ship any wine until such permittee is registered, with respect to the permittee's sales of
wine to consumers in this state, for purposes of the taxes imposed under chapters 219 and
220, with the Department of Revenue Services; (4) pay, to the Department of Revenue
Services, all sales taxes and alcoholic beverage taxes due under chapters 219 and 220
on sales of wine to consumers in this state, and file, with said department, all sales tax
returns and alcoholic beverage tax returns relating to such sales, with the amount of
such taxes to be calculated as if the sale were in this state at the location where delivery
is made; (5) report to the Department of Consumer Protection a separate and complete
record of all sales and shipments to consumers in the state, on a ledger sheet or similar
form which readily presents a chronological account of such permittee's dealings with
each such consumer; (6) permit the Department of Consumer Protection and Department
of Revenue Services, separately or jointly, to perform an audit of the permittee's records
upon request; (7) not ship to any address in the state where the sale of alcoholic liquor
is prohibited by local option pursuant to section 30-9; (8) hold an in-state transporter's
permit pursuant to section 30-19f or make any such shipment through the use of a person
who holds such an in-state transporter's permit; and (9) execute a written consent to the
jurisdiction of this state, its agencies and instrumentalities and the courts of this state
concerning the enforcement of this section and any related laws, rules, or regulations,
including tax laws, rules or regulations.
(c) The Department of Consumer Protection, in consultation with the Department
of Revenue Services, may adopt regulations in accordance with the provisions of chapter
54 to assure compliance with the provisions of subsection (b) of this section.
(d) A holder of an out-of-state winery shipper's permit for wine, when advertising
or offering wine for direct shipment to a consumer in this state via the Internet or any
other on-line computer network, shall clearly and conspicuously state such liquor permit
number in its advertising.
(e) (1) For purposes of chapter 219, the holder of an out-of-state winery shipper's
permit for wine, when shipping wine directly to a consumer in this state, shall be deemed
to be a retailer engaged in business in this state as defined in chapter 219 and shall be
required to be issued a seller's permit pursuant to chapter 219.
(2) For purposes of chapter 220, the holder of an out-of-state winery shipper's permit
for wine, when shipping wine directly to a consumer in this state, shall be deemed to
be a distributor as defined in chapter 220 and shall be required to be licensed pursuant
to chapter 220.
(f) Any person who applies for an out-of-state winery shipper's permit for wine or
for the renewal of such permit shall furnish an affidavit to the Department of Consumer
Protection, in such form as may be prescribed by the department, affirming whether the
out-of-state winery that is the subject of such permit produced more than one hundred
thousand gallons of wine during the most recently completed calendar year.
(g) The annual fee for an out-of-state winery shipper's permit for wine shall be two
hundred fifty dollars.
(h) As used in this section, "out-of-state" means any state other than Connecticut,
any territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, but does not include any foreign country.
(P.A. 97-101; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-274, S. 3; P.A. 07-39,
S. 3.)
History: 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;
P.A. 05-274 designated existing provisions as Subsecs. (a) and (f) to (h), made technical changes therein and authorized
in Subsec. (a) the sale and shipment to a retailer by out-of-state winery shippers that produce not more than 100,000 gallons
of wine per year, added Subsec. (b) re the sale and delivery or shipment of wine by such permittee directly to a consumer
in this state, Subsec. (c) re regulations for the direct shipment of wine by such permittees to consumers in this state, Subsec.
(d) re the offering of wine for direct shipment to consumers in this state via the Internet and Subsec. (e) re such permittee's
classification as a retailer doing business in this state and classification as a distributor, effective July 13, 2005; P.A. 07-39 changed 60-day period to 2-month period in Subsec. (b)(3).
| (Return to Chapter Table of Contents) | (Return to List of Chapters) | (Return to List of Titles) |
Sec. 30-20a. University permit. (a)(1) A university permit for beer shall allow
the retail sale of beer on land and in a building which is subject to the care, custody and
control of an institution offering a program of higher learning as defined by section
10a-34 which has been accredited by the Board of Governors of Higher Education or
otherwise is authorized to award a degree pursuant to section 10a-34. Such beverages
shall be available for consumption on the premises by students, faculty and staff of the
institution or their guests. Such permits shall be under the supervision and control of
the Department of Consumer Protection. The annual fee for a university permit for beer
shall be two hundred forty dollars.
(2) A university permit for wine and beer shall allow the retail sale of wine and beer
on land and in a building which is subject to the care, custody and control of an institution
offering a program of higher learning as defined by section 10a-34 which has been
accredited by the Board of Governors of Higher Education or otherwise is authorized
to award a degree pursuant to section 10a-34. Such beverages shall be available for
consumption on the premises by students, faculty and staff of the institution or their
guests. Such permits shall be under the supervision and control of the Department of
Consumer Protection. The annual fee for a university permit for beer and wine shall be
five hundred sixty dollars.
(b) A university liquor permit shall allow the retail sale of alcoholic liquor: (1) In
a room that is subject to the care, custody and control of The University of Connecticut
Board of Trustees, or (2) on land or in a building situated on or abutting a golf course
which is subject to the care, custody and control of an institution offering a program of
higher learning, as defined in section 10a-34, which has been accredited by the Board
of Governors of Higher Education or otherwise is authorized to award a degree pursuant
to section 10a-34. Such permits shall be under the supervision and control of the Department of Consumer Protection. The annual fee for a university liquor permit shall be two
hundred forty dollars.
(1972, P.A. 68, S. 1; P.A. 73-19, S. 1, 2; P.A. 77-573, S. 24, 30; 77-614, S. 165, 587, 610; P.A. 78-279, S. 3, 4, 6; 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 193, 345, 348; P.A. 81-119, S. 1, 3; 81-194; P.A. 82-218, S. 37, 46; P.A.
84-241, S. 2, 5; P.A. 93-139, S. 15; P.A. 95-195, S. 24, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-146, S. 1.)
History: P.A. 73-19 reworded provision deleting reference to building "in the town of Mansfield" and deleting specific
mention of The University of Connecticut board of trustees; P.A. 77-573 replaced commission for higher education with
board of higher education; P.A. 77-614 and P.A. 78-303 replaced liquor control commission with division of liquor control
within the department of business regulation, effective January 1, 1979; P.A. 78-279 added Subsec. (b) re university liquor
permits; 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. 81-119 established two types of university permits in Subsec. (a), a university permit for beer only and a university
permit for wine and beer only; P.A. 81-194 eliminated provision limiting sales to Thursday, Friday and Saturday and
prohibiting use of room for private parties in Subsec. (b); P.A. 82-218 authorized substitution of board of governors for
board of higher education, effective March 1, 1983, pursuant to reorganization of higher education system; P.A. 84-241
added "of higher education" to board of governors' title; P.A. 93-139 added the annual fee for each university permit and
made technical changes; 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; P.A. 07-146 added "or otherwise is authorized to award a degree pursuant to section 10a-34" in Subsec. (a) and
added language in Subsec. (b) allowing sale of alcoholic liquor on land or in building on or abutting golf course under
care, custody and control of institution offering a program of higher learning which has been accredited by Board of
Governors of Higher Education or otherwise is authorized to award a degree pursuant to Sec. 10a-34.
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Sec. 30-37b. Charitable organization permit. A charitable organization permit
shall allow the retail sale of alcoholic liquor by the drink to be consumed on the premises
owned or leased by the organization. Such permit shall be issued on a daily basis subject
to the hours of sale in section 30-91 and only eight such permits shall be issued to the
same charitable organization in any calendar year. The fee for a charitable organization
permit shall be twenty-five dollars.
(1971, P.A. 254, S. 3; P.A. 93-139, S. 41; P.A. 07-4, S. 1.)
History: P.A. 93-139 added the fee for a charitable organization permit; P.A. 07-4 increased maximum allowable
permits from 4 to 8 per calendar year.
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Sec. 30-47. Discretionary suspension, revocation or refusal of permits; disqualification of applicant or permittee; alcohol seller and server training program;
permittee participation. (a) The Department of Consumer Protection may, in its discretion, suspend, revoke or refuse to grant or renew a permit for the sale of alcoholic liquor
if it has reasonable cause to believe: (1) That the applicant or permittee appears to be
financially irresponsible or neglects to provide for his family, or neglects or is unable
to pay his just debts; (2) that the applicant or permittee has been provided with funds
by any wholesaler or manufacturer or has any forbidden connection with any other class
of permittee as provided in this chapter; (3) that the applicant or permittee is in the habit
of using alcoholic beverages to excess; (4) that the applicant or permittee has wilfully
made any false statement to the department in a material matter; (5) that the applicant
or permittee has been convicted of violating any of the liquor laws of this or any other
state or the liquor laws of the United States or has been convicted of a felony as such
term is defined in section 53a-25 or has such a criminal record that the department
reasonably believes he is not a suitable person to hold a permit, provided no refusal
shall be rendered under this subdivision except in accordance with the provisions of
sections 46a-80 and 46a-81; (6) that the applicant or permittee has not been delegated
full authority and control of the permit premises and of the conduct of all business on
such premises; or (7) that the applicant or permittee has violated any provision of this
chapter or any regulation adopted under this chapter. Any backer shall be subject to the
same disqualifications as provided in this section in the case of an applicant for a permit
or a permittee.
(b) The Commissioner of Consumer Protection may, in his or her discretion, require
a permittee who has had his or her permit for the sale of alcoholic liquor suspended or
revoked pursuant to subsection (a) of this section to have such permittee's employees
participate in an alcohol seller and server training program approved by the commissioner. The commissioner may require proof of completion of the program from the
permittee prior to reactivation or reissuance of such permit.
(c) In lieu of suspending or revoking a permit for the sale of alcoholic liquor pursuant
to subsection (a) of this section, the commissioner may require a permittee to have such
permittee's employees participate in an alcohol seller and server training program.
(1949 Rev., S. 4265; 1971, P.A. 135; P.A. 75-266, S. 1, 3; 75-641, S. 12; 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. 82-472, S. 105, 183; P.A. 86-151, S. 2; P.A. 95-195, S. 50, 83;
P.A. 97-175, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-41, S. 1.)
History: 1971 act deleted provision which had allowed commission to refuse permit to female applicant "if the duties
of a permittee may interfere with the care of her family"; P.A. 75-266 allowed commission to refuse permit to a person
convicted of a felony in Subdiv. (5) and specified that any refusal under that Subdiv. must be rendered in accordance with
Secs. 4-61o to 4-61r; P.A. 75-641 deleted reference to Subdiv. (13) of Sec. 30-1; P.A. 77-614 and P.A. 78-303 replaced
liquor control commission with division of liquor control within the department of business regulation, effective January
1, 1979; 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. 82-472 substituted reference to Secs. 46a-80 and 46a-81 for reference to Secs. 4-61o to 4-61r; P.A. 86-151 authorized
the department of liquor control to disqualify any backer, not just those backers who are persons as defined in Sec. 30-1;
P.A. 95-195 substituted Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995;
P.A. 97-175 added suspension, revocation or refusal to grant or renew a permit, made provisions applicable to permittees,
added new Subdiv. (7) re violation of chapter or regulation, and made technical changes; 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; P.A. 07-41 designated existing provisions
as Subsec. (a) and added Subsecs. (b) and (c) re alcohol seller and server training program and permittee participation,
effective January 1, 2008.
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Sec. 30-63. Registration of brands, fees. Posting and notice of prices. Brand
registration of fortified wine. When departmental approval prohibited. (a) No
holder of any manufacturer, wholesaler or out-of-state shipper's permit shall ship, transport or deliver within this state, or sell or offer for sale, any alcoholic liquors unless the
name of the brand, trade name or other distinctive characteristic by which such alcoholic
liquors are bought and sold, the name and address of the manufacturer thereof and the
name and address of each wholesaler permittee who is authorized by the manufacturer
or his authorized representative to sell such alcoholic liquors are registered with the
Department of Consumer Protection and until such brand, trade name or other distinctive
characteristic has been approved by the department. Such registration shall be valid for
a period of three years. The fee for such registration, or renewal thereof, shall be one
hundred dollars for out-of-state shippers and three dollars for Connecticut manufacturers
for each brand so registered, payable by the manufacturer or such manufacturer's authorized representative when such liquors are manufactured in the United States and by the
importer or such importer's authorized representative when such liquors are imported
into the United States. The department shall not approve the brand registration of any
fortified wine, as defined in section 12-433, which is labeled, packaged or canned so
as to appear to be a wine or liquor cooler, as defined in section 12-433.
(b) No manufacturer, wholesaler or out-of-state shipper permittee shall discriminate
in any manner in price discounts between one permittee and another on sales or purchases
of alcoholic liquors bearing the same brand or trade name and of like age, size and
quality, nor shall such manufacturer, wholesaler or out-of-state shipper permittee allow
in any form any discount, rebate, free goods, allowance or other inducement for the
purpose of making sales or purchases. Nothing in this subsection shall be construed to
prohibit beer manufacturers, beer wholesalers or beer out-of-state shipper permittees
from differentiating in the manner in which their products are packaged on the basis of
on-site or off-site consumption.
(c) For alcoholic liquor other than beer, each manufacturer, wholesaler and out-of-state shipper permittee shall post with the department, on a monthly basis, the bottle,
can and case price of any brand of goods offered for sale in Connecticut, which price
when so posted shall be the controlling price for such manufacturer, wholesaler or out-of-state permittee for the month following such posting. On and after July 1, 2005, for
beer, each manufacturer, wholesaler and out-of-state shipper permittee shall post with
the department, on a monthly basis, the bottle, can and case price, and the price per keg
or barrel or fractional unit thereof for any brand of goods offered for sale in Connecticut
which price when so posted shall be the controlling price for such brand of goods offered
for sale in this state for the month following such posting. Such manufacturer, wholesaler
and out-of-state shipper permittee may also post additional prices for such bottle, can,
case, keg or barrel or fractional unit thereof for a specified portion of the following
month which prices when so posted shall be the controlling prices for such bottle, can,
case, keg or barrel or fractional unit thereof for such specified portion of the following
month. Notice of all manufacturer, wholesaler and out-of-state shipper permittee prices
shall be given to permittee purchasers by direct mail, Internet web site or advertising
in a trade publication having circulation among the retail permittees except a wholesaler
permittee may give such notice by hand delivery. Price postings with the department
setting forth wholesale prices to retailers shall be available for inspection during regular
business hours at the offices of the department by manufacturers and wholesalers until
three o'clock p.m. of the first business day after the last day for posting prices. A manufacturer or wholesaler may amend such manufacturer's or wholesaler's posted price for
any month to meet a lower price posted by another manufacturer or wholesaler with
respect to alcoholic liquor bearing the same brand or trade name and of like age, vintage,
quality and unit container size; provided that any such amended price posting shall be
filed before three o'clock p.m. of the fourth business day after the last day for posting
prices; and provided further such amended posting shall not set forth prices lower than
those being met. Any manufacturer or wholesaler posting an amended price shall, at
the time of posting, identify in writing the specific posting being met. On and after July
1, 2005, all wholesaler postings, other than for beer, for the following month shall be
provided to retail permittees not later than the twenty-seventh day of the month prior
to such posting. All wholesaler postings for beer shall be provided to retail permittees
not later than the twentieth day of the month prior to such posting.
(1949 Rev., S. 4306; 1953, S. 2171d; P.A. 73-535; P.A. 74-19, S. 1, 2; P.A. 77-438, S. 4; 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. 10, 22; P.A. 82-238, S. 1, 2; 82-330,
S. 1, 4; P.A. 84-332, S. 1; P.A. 91-122; May 25 Sp. Sess. P.A. 94-1, S. 59, 130; P.A. 95-195, S. 66, 83; June 30 Sp. Sess.
P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-240, S. 1; P.A. 06-26, S. 1; 06-30, S. 1; P.A. 07-198, S. 1.)
History: P.A. 73-535 made $3 registration fee previously in effect applicable to Connecticut manufacturers only, imposed $25 fee for out-of-state manufacturers and added provision re valid period of registration and renewals; P.A. 74-19
combined provisions re initial registration fees and renewals to eliminate redundancy; P.A. 77-438 specified that controlling
price posted applies to "manufacturer, wholesaler or out-of-state permittee"; P.A. 77-614 and P.A. 78-303 replaced liquor
control commission with division of liquor control within the department of business regulation, effective January 1, 1979;
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
divided section into Subsecs. and in Subsec. (c) allowed wholesaler permittees to give notice of posted prices by hand
delivery, allowed manufacturers or wholesalers to amend posted prices under certain conditions and allowed manufacturers
and wholesalers to inspect prices posted at the department; P.A. 82-238 increased the fee for registration of each brand of
liquor sold in the state by an out-of-state shipper from $25 to $100; P.A. 82-330 amended Subsec. (c) to apply to beer in
kegs; P.A. 84-332 amended Subsec. (c) by requiring the posting of prices on a monthly basis; P.A. 91-122 amended Subsec.
(a) to prohibit department from approving the brand registration of any fortified wine labeled, packaged or canned so as
to appear to be a wine or liquor cooler, as defined in Sec. 12-433; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (a) to
make a technical change, effective June 21, 1994; P.A. 95-195 amended Subsec. (a) by substituting 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; P.A. 05-240 amended Subsec. (b) to make a technical change for the
purpose of gender neutrality and amended Subsec. (c) to provide for monthly and additional posting of prices for beer by
manufacturers, wholesalers and out-of-state shipper permittees, to make conforming changes and to add provision re
wholesaler posting for following month to be provided to retail permittees not later than twelfth day of month prior to
posting, effective July 1, 2005, until June 30, 2006; P.A. 06-26 made technical changes in Subsecs. (a) and (c) and added
"On and after July 1, 2005," re beer and wholesaler price postings in Subsec. (c), effective May 8, 2006; P.A. 06-30
amended Subsec. (c) to authorize Internet web site notice for manufacturer, wholesaler and out-of-state shipper permittee
prices and changed deadline for wholesaler price posting provided to retail permittees from twelfth to twenty-seventh day
of month prior to such posting; P.A. 07-198 added provision in Subsec. (b) stating nothing in subsection shall be construed
to prohibit beer manufacturers, wholesalers or out-of-state shipper permittees from differentiating in the manner in which
their products are packaged on the basis of on-site or off-site consumption, and added provisions in Subsec. (c) re wholesaler
postings other than for beer and requiring wholesaler postings for beer to be provided to retail permittees not later than
the 20th day of month prior to posting, effective July 5, 2007.
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Sec. 30-89. Purchasing liquor or making false statement to procure liquor by
person forbidden to purchase prohibited. Possessing liquor by minor on public
street or highway or other public or private location prohibited; exceptions. (a)
Any person to whom the sale of alcoholic liquor is by law forbidden who purchases or
attempts to purchase such liquor or who makes any false statement for the purpose of
procuring such liquor shall be fined not less than two hundred or more than five hundred
dollars.
(b) Any minor who possesses any alcoholic liquor (1) on any public street or highway, or (2) in any other public or private location, shall, for a first offense, have committed an infraction and for any subsequent offense, be fined not less than two hundred
dollars or more than five hundred dollars.
(c) The provisions of subsection (b) of this section shall not apply to (1) a person
over age eighteen who is an employee or permit holder under section 30-90a and who
possesses alcoholic liquor in the course of such person's employment or business, (2)
a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) a
minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse
of the minor, who has attained the age of twenty-one. Nothing in this subsection shall
be construed to burden a person's exercise of religion under section 3 of article first of
the Constitution of the state in violation of subsection (a) of section 52-571b.
(1949 Rev., S. 4302; 1963, P.A. 358, S. 1; P.A. 82-68, S. 7, 11; P.A. 83-571, S. 3; P.A. 86-151, S. 4; P.A. 90-72, S. 2;
P.A. 06-112, S. 2; P.A. 07-167, S. 49; June Sp. Sess. P.A. 07-5, S. 33.)
History: 1963 act raised maximum fine from $50 to $100; P.A. 82-68 added an exception to the prohibition against
minors entering a tavern for persons over eighteen who are employees or permit holders; P.A. 83-571 increased the fine
from not more than $100 to not less than $200 nor more than $500; P.A. 86-151 added Subsec. (b) prohibiting minors'
possession of alcoholic beverages in public except as specified; P.A. 90-72 deleted provision in Subsec. (a) which had
applied fine to minors who enter taverns other than those who are employees or permit holders; P.A. 06-112 amended
Subsec. (b) to prohibit any minor possessing alcoholic liquor "on public or private property" rather than "on any street or
highway or in any public place or place open to the public, including any club which is open to the public," make penalty
for a first offense an infraction, make existing fine of not less than $200 or more than $500 the penalty for a subsequent
offense, provide that exemption in Subdiv. (3) applies when a minor is accompanied by a parent, guardian or spouse "of
the minor", add provision that nothing in Subsec. shall be construed to burden a person's exercise of religion under Art.
1, Sec. 3 of the state constitution in violation of Sec. 52-571b(a), and make a technical change; P.A. 07-167 amended
Subsec. (b) by replacing provision re public or private property with new Subdivs. (1) and (2) re public street or highway
or other public or private location, redesignated provisions of Subsec. (b) re exceptions as Subsec. (c) and made a technical
change therein, effective June 25, 2007; June Sp. Sess. P.A. 07-5 made technical changes, effective October 6, 2007.
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Sec. 30-102. Dram Shop Act; liquor seller liable for damage by intoxicated
person. No negligence cause of action for sale to person twenty-one years of age or
older. If any person, by such person or such person's agent, sells any alcoholic liquor
to an intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall pay just damages to the
person injured, up to the amount of two hundred fifty thousand dollars, or to persons
injured in consequence of such intoxication up to an aggregate amount of two hundred
fifty thousand dollars, to be recovered in an action under this section, provided the
aggrieved person or persons shall give written notice to such seller of such person's or
persons' intention to bring an action under this section. Such notice shall be given (1)
within one hundred twenty days of the occurrence of such injury to person or property,
or (2) in the case of the death or incapacity of any aggrieved person, within one hundred
eighty days of the occurrence of such injury to person or property. Such notice shall
specify the time, the date and the person to whom such sale was made, the name and
address of the person injured or whose property was damaged, and the time, date and
place where the injury to person or property occurred. No action under the provisions
of this section shall be brought but within one year from the date of the act or omission
complained of. Such injured person shall have no cause of action against such seller for
negligence in the sale of alcoholic liquor to a person twenty-one years of age or older.
(1949 Rev., S. 4307; 1955, S. 2172d; 1957, P.A. 306; 1959, P.A. 631, S. 1; 1961, P.A. 432; P.A. 74-144, S. 1, 2; P.A.
86-338, S. 7; P.A. 87-227, S. 11; P.A. 03-91, S. 1; P.A. 06-69, S. 1; P.A. 07-165, S. 1.)
History: 1959 act limited recovery to $25,000 and extended the notice period from 60 to 90 days; 1961 act reduced
recoverable amount to $20,000 and notice period to 60 days and placed $50,000 limitation on aggregate amount recoverable;
P.A. 74-144 specified factors to be considered in computing 60-day period; P.A. 86-338 added Subsec. (b) establishing a
rebuttable presumption that the last seller is solely liable; P.A. 87-227 deleted provision added in 1986 which established
a rebuttable presumption that the last seller is solely liable; P.A. 03-91 made technical changes for the purpose of gender
neutrality, raised damages limits to $250,000 for injured person or persons and prohibited negligence action against seller
for sale of alcoholic liquor to person 21 years of age or older, effective June 3, 2003; P.A. 06-69 extended notice period
from 60 to 120 days and deleted provision re time excluded from computation of 60-day period, effective October 1, 2006,
and applicable to causes of action arising on or after that date; P.A. 07-165 repositioned existing provision re written notice
within 120 days of occurrence of injury as Subdiv. (1) and added provision re notice in case of death or incapacity of
aggrieved person as Subdiv. (2), effective July 1, 2007, and applicable to causes of action arising on or after that date.
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