House Bill No. 5225
               House Bill No. 5225

              PUBLIC ACT NO. 98-236


AN ACT CONCERNING  THE RETAIL SALE OF BEER IN KEGS
AND  MANUFACTURER PERMITS  FOR  APPLE  BRANDY  AND
EAU-DE-VIE, AND PROHIBITING  THE SALE OF ALCOHOLIC
LIQUOR FROM DRIVE-UP WINDOWS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1. (NEW) (a) As used in this section,
"keg"   means   any   brewery-sealed    individual
container  of beer having a liquid capacity of six
gallons or more.
    (b)  Any holder of a package store permit or a
grocery store beer permit under section  30-20  of
the   general   statutes   that   sells  kegs  for
consumption off the permit premises shall, at  the
time  of  sale, (1) place an identification tag on
all kegs sold by the permittee, (2)  require  each
purchaser  of  any  such keg to sign a receipt for
the keg, and (3) inform such  purchaser  that  any
deposit  paid  by  the  purchaser  for the keg, if
required,  shall  be  forfeited  if  the  keg   is
returned  without  the original identification tag
intact and readable.
    (c)  (1) The identification tag required under
subdivision (1) of subsection (b) of this  section
shall   be  in  the  form  of  a  numbered  label,
prescribed and furnished by the  department,  that
clearly  identifies  the  seller  of the keg. Such
tags shall be fabricated and  made  attachable  in
such  a manner as to make the tag easily removable
by a beer manufacturer for the purpose of cleaning
and reusing the keg.
    (2)  The  receipt  required  under subdivision
(2) of subsection (b) of this section shall be  on
a  form prescribed and furnished by the department
and shall include the name, address and  signature
of  the  purchaser  of the keg and the purchaser's
motor vehicle operator's license  number  or  such
other  identifying  information  as the department
may prescribe by regulation under section 30-6a of
the general statutes. The permittee shall retain a
copy of all such receipts on the  permit  premises
for a period of six months. Such receipts shall be
available  for  inspection  and  copying  by   the
department  or  any  authorized  criminal  justice
agency.
    (3)    The    information    required    under
subdivision (3) of subsection (b) of this  section
may  be  given verbally to each purchaser of a keg
or  may  be  provided   by   means   of   a   sign
conspicuously  posted at the point of sale in such
form  and  containing  such  disclosures  as   the
department may require by regulation under section
30-6a of the general statutes.
    (4)  The  department  may  charge a reasonable
fee  for  furnishing   the   forms   required   by
subdivisions  (1)  and (2) of this subsection, not
to exceed  the  actual  cost  of  furnishing  such
forms.
    (d)  No  holder of a package store permit or a
grocery store beer permit under section  30-20  of
the  general  statutes may refund any deposit upon
the return of any keg that (1) does  not  have  an
identification  tag required under subdivision (1)
of subsection (b) of this section or  (2)  has  an
identification  tag  that  has been defaced to the
extent that the information contained on  the  tag
cannot be read.
    (e)  The  violation by any holder of a package
store permit or a grocery store beer permit  under
section  30-20  of  the  general  statutes  of any
provision of  this  section  shall  be  cause  for
revocation  or  suspension  of  such  permit under
section 30-55 of the general statutes, as  amended
by section 7 of public act 97-175.
    Sec. 2. (NEW) (a) Any person who possesses any
keg containing beer  that  is  required to have an
identification tag pursuant  to  section 1 of this
act, knowing that  such  keg  does  not  have such
required identification tag,  shall be guilty of a
class C misdemeanor.  This  subsection  shall  not
apply to any  manufacturer, shipper, wholesaler or
retail seller of  beer, or to any person who finds
a discarded keg  containing  beer on such person's
property.
    (b)  Any  person   who   purchases   any   keg
containing beer and  who  knowingly provides false
information on any  receipt  required by section 1
of this act  at the time of such purchase shall be
guilty of a class C misdemeanor.
    Sec. 3. Subsection (a) of section 30-46 of the
general  statutes, as  amended  by  section  5  of
public act 97-175,  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 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]  (6)  THAT DRIVE-UP SALES OF ALCOHOLIC LIQUOR
ARE BEING MADE AT THE PERMIT PREMISES; OR (7) that
there  is any other reason as provided by state or
federal law  or  regulation  which  warrants  such
refusal.
    Sec.  4. Section 30-74 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    (a)  The  sale  of alcoholic liquor, except as
permitted by this chapter, AS AMENDED BY THIS ACT,
is  prohibited,  and  any  person or permittee who
keeps or operates any bar or  establishment  which
is a place where alcoholic liquor is kept for sale
or exchange contrary to law shall be liable to the
penalties provided in section 30-113.
    (b)  The  sale,  distribution or dispensing of
alcoholic liquor without a permit issued under the
provisions  of  this  chapter,  AS AMENDED BY THIS
ACT, in any premises, building, apartment or other
place  used  by  any  club, association, social or
fraternal society or organization to  the  members
thereof,  their  guests  or other persons shall be
unlawful. Any officer, agent or  employee  of  any
club,  association, social or fraternal society or
organization without such a permit, who  dispenses
or  permits to be dispensed, to or by its members,
guests or  other  persons,  any  alcoholic  liquor
shall  be  subject  to  the  penalties provided in
section 30-113.
    (c)  NO  PERMITTEE OR BACKER WHO IS AUTHORIZED
UNDER THIS CHAPTER, AS AMENDED  BY  THIS  ACT,  TO
SELL  ALCOHOLIC  LIQUOR  AT RETAIL FOR CONSUMPTION
OFF THE PERMIT PREMISES, AND NO AGENT OR  EMPLOYEE
OF  SUCH  PERMITTEE OR BACKER, MAY SELL OR DELIVER
SUCH ALCOHOLIC LIQUOR FROM A  DRIVE-UP  WINDOW  OR
SIMILAR EXTERIOR WALL OPENING.
    Sec. 5. Subsection (d) of section 30-16 of the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (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.
    Sec. 6. This  act  shall  take effect from its
passage, except that  sections  3 and 4 shall take
effect October 1, 1998, and sections 1 and 2 shall
take effect January 1, 1999.

Approved June 8, 1998