Substitute Senate Bill No. 926
          Substitute Senate Bill No. 926

              PUBLIC ACT NO. 97-175


AN ACT CONCERNING THE ADMINISTRATION OF THE LIQUOR
CONTROL ACT.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section   1.   Section  30-8  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    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-New  Britain*  or  for  the
judicial  district  wherein  the person resides or
wherein the business has been  conducted,  [or  to
any  judge  of  said  court  if the same is not in
session,]  setting  forth  such  disobedience   to
process  or  refusal to answer, and [said court or
such judge] THE COURT shall cite  such  person  to
appear before [said court or such judge] 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 [hereunder] 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.
    Sec.  2. Section 30-14 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    (a)  A  permit  shall  be  a  purely  personal
privilege,  good  for  one  year  after  issuance,
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, AS AMENDED BY SECTION 7 OF THIS
ACT. [and] A PERMIT shall not constitute property,
nor   shall   it  be  subject  to  attachment  and
execution, nor shall it be alienable,  [nor  shall
it]  EXCEPT THAT IT SHALL descend TO THE ESTATE OF
A DECEASED PERMITTEE by the  laws  of  testate  or
intestate [devolution, but it shall cease upon the
death of the permittee, provided a] 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
[said]  SUCH  business  shall  be  filed  with the
department.  [within  ten  days  of  the  date  of
issuance  of  such  order  by  said court.] 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.
    Sec.  3.  Subsection  (b) of section 30-22a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  ["Cafe"]  AS USED IN THIS SECTION, "CAFE"
means space in a suitable and permanent  building,
kept, used, maintained, advertised and held out to
the public to be a place  where  alcoholic  liquor
[or]  AND  food  is  served for sale at retail for
consumption on the premises  but  which  does  not
necessarily  serve  hot  meals;  it  shall have no
sleeping accommodations for the  public  and  need
not  necessarily have a kitchen or dining room but
shall  have  employed  therein  at  all  times  an
adequate number of employees.
    Sec.  4. Section 30-40 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    (a)  No  person,  PERMITTEE  OR  BACKER  whose
application for a permit has been  denied  on  the
ground  that  he  is an unsuitable person may make
another application for a permit within  one  year
[thereafter] AFTER SUCH DENIAL.
    (b)  No  person,  PERMITTEE  OR  BACKER  whose
permit has been revoked may  make  an  application
for  a  permit  under this chapter within one year
[thereafter] AFTER SUCH REVOCATION.
    Sec.  5. Section 30-46 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    (a)  The  Department  of  Consumer  Protection
may, except as to a store engaged chiefly  in  the
sale  of  groceries,  IN  ITS DISCRETION, SUSPEND,
REVOKE OR refuse to grant  [permits]  OR  RENEW  A
PERMIT  for the sale of alcoholic liquor if it has
reasonable  cause  to  believe:   (1)   That   the
proximity  of  the  permit  premises  will  have a
detrimental effect  upon  any  church,  public  or
parochial school, convent, charitable institution,
whether supported  by  private  or  public  funds,
hospital  or  veterans' home or any camp, barracks
or flying field of the armed forces; (2) that such
location  is in such proximity to a no-permit town
that it is apparent that the applicant is  seeking
to obtain the patronage of such town; (3) that the
number of permit premises in the locality is  such
that  the  granting  of a permit is detrimental to
THE public interest, and, in reaching a conclusion
in  this  respect, the department may consider the
character of, the population  of,  the  number  of
like  permits  and  number of all permits existent
in,  the  particular  town   and   the   immediate
neighborhood  concerned,  the  effect  which a new
permit may have on such town or neighborhood or on
like    permits   existent   in   such   town   or
neighborhood;  (4)  that  the   place   has   been
conducted  as  a lewd or disorderly establishment;
(5) THAT THE BACKER  DOES  NOT  HAVE  A  RIGHT  TO
OCCUPY  THE  PERMIT  PREMISES;  or  [(5)] (6) that
there is any other reason as provided by state  or
federal  law  or  regulation  which  warrants such
refusal.
    (b)  (1) The existence of a coliseum permit or
a coliseum concession permit shall not be a factor
to  be  taken into consideration under subdivision
(3) of subsection (a) of  this  section.  (2)  The
provisions  of  subdivisions  (1),  (2) and (3) of
subsection (a) of this section shall not apply  to
the  granting  of  a coliseum permit or a coliseum
concession   permit.   (3)   The   provisions   of
subdivisions  (1),  (2), (3), [and] (5) AND (6) of
subsection (a) of this section shall not apply  to
the  granting  of  any  special  sporting facility
permit provided for in section 30-33b.
    (c)  Alcoholic  liquor  may  be sold at retail
for consumption within a special sporting facility
only  under  the  permits  provided for in section
30-33b. The number of permits of  any  class,  the
location  where  alcoholic  liquor  is  to be sold
under any such permit, the number of locations  to
be  operated  under  a  special  sporting facility
concession  permit,  and  the  areas  within  such
facility  where  alcoholic  liquor may be consumed
shall be determined by the Department of  Consumer
Protection in its discretion.
    Sec.  6. Section 30-47 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    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 [ground]  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
[herein] 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;  [or
(6)  if  the  permittee-applicant]  (6)  THAT  THE
APPLICANT OR PERMITTEE has not been delegated full
authority   and   control  of  [such]  THE  PERMIT
premises  and  of  the  conduct  of  all  business
[therein]  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  [herein]  provided IN
THIS SECTION in the case of  an  applicant  for  a
permit OR A PERMITTEE.
    Sec.  7. Section 30-55 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    (a)  The  Department  of  Consumer  Protection
may, [of its own motion] IN ITS DISCRETION, revoke
or  suspend  any permit OR PROVISIONAL PERMIT upon
cause found  after  hearing,  provided  ten  days'
written  notice  of such hearing has been given to
the permittee setting forth, with the  particulars
required  in  civil  pleadings,  the  charges upon
which such proposed revocation  or  suspension  is
predicated.  [and  provided no] NO permit shall be
suspended or revoked UNDER THIS  SECTION  for  any
violation  of  this chapter of which the permittee
or his servant or  agent  was  finally  found  not
guilty  by,  or  received  dismissal  in,  a court
having jurisdiction thereof, and  no  disciplinary
action  shall  be  taken  thereafter by [said] THE
department against the backer or  such  permittee,
servant   or  agent.  [,  and  provided  the]  THE
department shall not initiate hearing  proceedings
pursuant  to  this  section  based upon any arrest
which has not resulted in a conviction. Any appeal
from  such order of revocation or suspension shall
be taken in  accordance  with  the  provisions  of
section 4-183.
    (b)  The  surrender of a permit OR PROVISIONAL
PERMIT for cancellation or  the  expiration  of  a
permit  shall  not  prevent  the  department  from
suspending or revoking any such permit pursuant to
the  provisions  of  this section.

Approved June 24, 1997