Carpenteri-Waddington, Inc. v. Commissioner of Revenue Services

650 A.2d 147, 231 Conn. 355, 55 A.L.R. 5th 907, 1994 Conn. LEXIS 405
CourtSupreme Court of Connecticut
DecidedNovember 22, 1994
Docket15007
StatusPublished
Cited by30 cases

This text of 650 A.2d 147 (Carpenteri-Waddington, Inc. v. Commissioner of Revenue Services) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carpenteri-Waddington, Inc. v. Commissioner of Revenue Services, 650 A.2d 147, 231 Conn. 355, 55 A.L.R. 5th 907, 1994 Conn. LEXIS 405 (Colo. 1994).

Opinion

Katz, J.

The issue in this appeal is whether a restaurant that provides dancing privileges and that employs a disc jockey to play prerecorded music and entertain its patrons is a cabaret, as defined by General Statutes § 12-540,1 and is therefore liable for the [357]*357cabaret tax imposed by General Statutes § 12-542.2 Because we conclude that an establishment that offers [358]*358dancing privileges is a cabaret under General Statutes § 12-540 (4), we affirm the judgment of the trial court.

The record establishes the following undisputed facts. The plaintiff owned a bar and restaurant named the Graffiti Lounge that served alcoholic beverages and provided dancing privileges. The establishment employed a performer and discjockey, Edwin Brown, known as the “Duke of Doo-Wop” (Duke), who gave dancing lessons to the patrons and danced with them on the dance floor to the prerecorded music. Using prerecorded music and various props and costumes, he also mimicked musical performances and entertained the audience by lipsynching. When he was not engaged in these various forms of entertainment, the Duke played the prerecorded music while the patrons danced.

The defendant, the commissioner of revenue services, conducted a sales and use tax audit of the Graffiti Lounge for the period from January 1,1984, through August 31,1989, pursuant to General Statutes § 12-548.* 3 [359]*359As a result of the audit, the defendant imposed a deficiency assessment on the plaintiff for unpaid cabaret taxes.4 Following the defendant’s denial of reassess[360]*360ment and the imposition of liability, the plaintiff appealed to the Superior Court, pursuant to General Statutes § 12-554, 5 claiming that the restaurant was not a “cabaret” under § 12-540 (4) and, therefore, was not subject to the cabaret tax.

At trial, the plaintiff characterized the Duke’s performance as “the music of a single performer alone.” Consequently, the plaintiff argued, the Graffiti Lounge fell within the statutory exclusion to the definition of a “cabaret or other similar place” under § 12-540 (4), and was, therefore, not subject to the cabaret tax under § 12-542. The trial court concluded, however, that the statute provided an exemption, not an exclusion, and that the plaintiff had not sustained its burden of proving that it was entitled to the exemption.6 Accordingly, [361]*361the court upheld the defendant’s deficiency assessment. The plaintiff appealed from that decision to the Appellate Court, and this court transferred the appeal to itself pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We affirm the judgment of the trial court.

In this case, we must examine two statutes: §§ 12-540 (4) and 12-542. Section 12-542 imposes a tax on amounts charged for admissions, refreshment, service or merchandise at any cabaret or similar place that furnishes music, dancing privileges or any entertainment for profit during the time that such music, dancing privileges or any other entertainment is provided. It is undisputed that the plaintiff received money while the Duke performed, and that the Graffiti Lounge was in business for profit. Consequently, the plaintiff’s operation was taxable under § 12-542 if it was “a cabaret or similar place” as defined by § 12-540 (4).

The parties agree that the establishment afforded its patrons “music, dancing privileges or other entertainment.” They disagree, however, about how to interpret the phrase “except mechanical music alone or the music of a single performer alone” within the context of § 12-540 (4). The plaintiff argues that the exceptions modify the entire preceding phrase. Therefore, the plaintiff contends, if patrons dance to mechanical music or to a single performer, the establishment is not subject to the tax. Because these are exceptions to the tax[362]*362able class, the plaintiff maintains the establishment is removed from the class before tax liability is ever imposed. We disagree.

We begin our analysis by noting that it is fundamental that statutory construction requires us to ascertain the intent of the legislature and to construe the statute in a manner that effectuates that intent. Lauer v. Zoning Commission, 220 Conn. 455, 459-60, 600 A.2d 310 (1991). In seeking to ascertain the legislature’s intent when it crafted chapter 225 of the General Statutes, the admissions, cabaret and dues tax statutes, we follow well established principles of statutory construction and “look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter.” Id., 460. No one invariable rule of statutory construction is controlling.

Section 12-542 provides authority to tax all establishments where music, dancing privileges or any other entertainment is furnished for profit, and § 12-540 (4) limits the application of the tax by providing an exclusion for “mechanical music alone or the music of a single performer alone.” “A court should accord a statutory enactment its plain meaning.” State v. Jimenez, 228 Conn. 335, 341, 636 A.2d 782 (1994); Kil-patrick v. Board of Education, 206 Conn. 25, 28, 535 A.2d 1311 (1988). Therefore, to accord § 12-540 (4) its plain meaning, we first focus on the word “alone.” Webster’s defines alone as “exclusive of anyone or anything else: only.” Webster’s Ninth New Collegiate Dictionary. We see no reason to torture the meaning of “alone.” The exclusion at issue pertains to situations where only mechanical music or only the music of a single performer is provided, without anything else. Therefore, if the music is mechanical or that of a single [363]*363performer, the tax may still be imposed if the establishment in question affords dancing privileges or other entertainment. Moreover, had the legislature intended to exclude establishments that afford their patrons the opportunity to dance to mechanical music or the music of a single performer, it could easily have done so. The provision of dancing privileges remains an indisputable fact of taxable significance that cannot be ignored.7

The history of § 12-540 (4) confirms that the legislature sought to exclude only those establishments where background music is incidental to dining. Following the 1969 enactment of the admission, cabaret and dues tax, the legislature created an exception to § 12-540 (4) that applied only to “mechanical music alone.” Public Acts 1971, No. 837, § 1. Even as amended, § 12-542 provoked a public protest, and associations representing restaurants and musicians petitioned the legislature to change the law because the tax created a significant rise in unemployment among entertainers who performed alone. Conn. Joint Standing Committee Hearings, Finance, 1971-1972 Sess., pp. 16-18, 43-44, 50-52.

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Bluebook (online)
650 A.2d 147, 231 Conn. 355, 55 A.L.R. 5th 907, 1994 Conn. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenteri-waddington-inc-v-commissioner-of-revenue-services-conn-1994.