Connecticut Seal

General Assembly

 

Raised Bill No. 5763

February Session, 2008

 

LCO No. 2317

 

*02317_______GL_*

Referred to Committee on General Law

 

Introduced by:

 

(GL )

 

AN ACT CONCERNING WINE ORDERED WITH RESTAURANT MEALS.

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

Section 1. Section 30-22 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A restaurant permit shall allow the retail sale of alcoholic liquor to be consumed on the premises of a restaurant. A restaurant patron shall be allowed to remove one unsealed bottle of wine for off-premises consumption provided the patron has purchased such bottle of wine at such restaurant and has purchased a full course meal at such restaurant and consumed a portion of the bottle of wine with such meal on such restaurant premises. For the purposes of this section, "full course meal" means a diversified selection of food which ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking. A restaurant permit, with prior approval of the Department of Consumer Protection, shall allow alcoholic liquor to be served at tables in outside areas which are screened or not screened from public view where permitted by fire, zoning and health regulations. If not required by fire, zoning or health regulations, a fence or wall enclosing such outside areas shall not be required by the Department of Consumer Protection. No fence or wall used to enclose such outside areas shall be less than thirty inches high. The annual fee for a restaurant permit shall be one thousand two hundred dollars.

(b) A restaurant permit for beer shall allow the retail sale of beer and of cider not exceeding six per cent of alcohol by volume to be consumed on the premises of a restaurant. The annual fee for a restaurant permit for beer shall be two hundred forty dollars.

(c) A restaurant permit for wine and beer shall allow the retail sale of wine and beer and of cider not exceeding six per cent of alcohol by volume to be consumed on the premises of the restaurant. A restaurant patron may remove one unsealed bottle of wine for off-premises consumption provided the patron has purchased a full course meal and consumed a portion of the bottle of wine with such meal on the restaurant premises. The annual fee for a restaurant permit for wine and beer shall be five hundred sixty dollars.

(d) Repealed by P.A. 77-112, S. 1.

(e) A partially consumed bottle of wine that is to be removed from the premises pursuant to subsection (a) or (c) of this section shall be securely sealed and placed in a bag by the permittee or permittee's agent or employee prior to removal from the premises. The permittee or the permittee's agent or employee may refuse to allow a restaurant patron to remove a bottle of wine from the premises pursuant to subsection (a) or (c) of this section if the permittee, permittee's agent or employee reasonably believes the patron is intoxicated and that delivering the bottle of wine to the patron would violate the provisions of subsection (b) of section 30-86.

(f) "Restaurant" means space, in a suitable and permanent building, kept, used, maintained, advertised and held out to the public to be a place where hot meals are regularly served, but which has no sleeping accommodations for the public and which shall be provided with an adequate and sanitary kitchen and dining room and employs at all times an adequate number of employees.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

30-22

Statement of Purpose:

To allow restaurant owners and employees to stop intoxicated patrons from removing partially consumed bottles of wine from restaurant premises.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]