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statutes is repealed and the following is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