Nelseco Navigation Co. v. Department of Liquor Control

608 A.2d 707, 27 Conn. App. 614, 1992 Conn. App. LEXIS 218
CourtConnecticut Appellate Court
DecidedMay 26, 1992
Docket10121
StatusPublished
Cited by5 cases

This text of 608 A.2d 707 (Nelseco Navigation Co. v. Department of Liquor Control) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nelseco Navigation Co. v. Department of Liquor Control, 608 A.2d 707, 27 Conn. App. 614, 1992 Conn. App. LEXIS 218 (Colo. Ct. App. 1992).

Opinion

O’Connell, J.

The defendant department of liquor control found that the plaintiffs1 (1) permitted or [615]*615suffered a disturbance and conducted a premises in a manner which constituted a nuisance in violation of § 30-6-A24 (a)2 of the Regulations of Connecticut State Agencies, and (2) allowed an intoxicated person to loiter on its premises in violation of § 30-6-A24 (c)3 of the Regulations of Connecticut State Agencies. The defendant suspended the plaintiffs’ liquor license for five days and offered to accept a fine to be determined in amount in lieu of the suspension. General Statutes § 30-58a.

The plaintiffs appealed to the Superior Court which affirmed the defendant’s decision and dismissed the appeal. The plaintiffs now appeal to this court from the Superior Court’s decision.

The plaintiffs contend that the trial court improperly dismissed their appeal because (1) the defendant acted arbitrarily, illegally or in abuse of its discretion as a matter of law, (2) the defendant was overreaching in the use of its police power, and (3) the plaintiffs’ right to due process was violated. We reverse the decision of the trial court.

The facts necessary to decide this appeal are as follows. The plaintiffs own and operate the M. V. Anna C (ship) which they operate primarily as the Block Island ferry. Occasionally, the plaintiffs charter the ship for private parties. On August 12,1989, the plaintiffs chartered the ship to the Savage Brothers rock band for a private cruise. Although the plaintiffs had a boat [616]*616liquor permit,4 the charter agreement did not call for them to sell any liquor or provide any employees to serve, deliver, give or in any other manner encourage or assist in the consumption of alcohol during the cruise. The ship’s liquor inventory was securely locked away from possible access.

By the terms of the charter contract, the plaintiffs leased the vessel to the band for its exclusive use between 8 p.m. and 12:01 a.m. Under the charter agreement, the band had the obligation to maintain order on board the ship and to provide security. The activities of the passengers were under the direct control of the band and not of the plaintiffs. The plaintiffs’ responsibilities under the charter contract were restricted to navigation of the ship. The band did not sell, furnish or deliver any liquor during the cruise. It is, therefore, not disputed that any liquor consumed on the ship was brought aboard by the passengers. The event was what is colloquially referred to as a B.Y.O.B.5 affair. Most of the passengers were brought to the ship in chartered buses that returned them to Windsor Locks at the conclusion of the cruise. The price of the ticket included round trip transportation from Windsor Locks to New London plus the cruise and dance. Windsor Locks was apparently the assembly point for transportation to this charter cruise and dance.

About an hour after the ship sailed from New London, a disturbance broke out on board, involving a fístfíght and rowdy, assaultive conduct by some of the passengers. Many of the passengers appeared to be intox[617]*617icated. Of the estimated 1000 to 1500 passengers,6 witnesses estimated that between fifteen and forty people were involved in a fracas that lasted less than five minutes. The disturbance ended when the band’s security personnel locked the two most disruptive individuals in the men’s room.7 The captain returned the ship to the New London pier. Upon docking, the two troublemakers were turned over to the police and paramedics were called to assist an unconscious female passenger. The record does not support the finding that this woman was intoxicated. The remaining passengers were in varying stages of sobriety. After placing the two men in the custody of the police and the unconscious passenger in the care of the paramedics,8 the ship set sail once again and completed the cruise uneventfully.9

Following a hearing, the plaintiffs’ boat permit was suspended for five days on the ground that the plaintiffs permitted a disturbance on permit premises or that an intoxicated person was permitted to loiter thereon, in violation of regulations promulgated by the defendant.

The plaintiffs’ second claim is dispositive of this appeal. The issue is whether the department of liquor [618]*618control has jurisdiction over a premises when no liquor is available for sale thereon, despite the fact that the owner of the property holds a liquor permit and on other occasions and under other conditions sells liquor.

We address the question of whether the defendant is the proper authority to police a threat caused by the consumption of alcohol when it occurs aboard a ship. The plaintiffs argue that it was not within the defendant’s jurisdiction to police a private party on permit premises when there was no sale or delivery of alcoholic beverage thereon by the permittee or by its agent. The defendant derives its power from General Statutes § 30-6,10 which gives it general authority to oversee a permittee’s conduct of its liquor business. In the present case, however, the plaintiffs had locked away their liquor and were not, by any reasonable stretch of the imagination, involved in the liquor business during this cruise. They were simply sailing or operating a ship. The disturbance that occurred here was in no way related to the plaintiffs’ exercise of their privilege to dispense liquor. Even if the plaintiffs did not hold a boat permit, but instead merely operated a charter service, the identical disturbance would have occurred. Under those circumstances, the defendant clearly would not have had jurisdiction to intervene to protect the public safety. Accordingly, the mere fact that the plaintiffs had a permit, pursuant to which they sold liquor [619]*619on other occasions, did not extend the defendant’s jurisdiction to this nonliquor charter. The defendant does not have jurisdiction over every social occasion where liquor is consumed.

The fallacy in the defendant’s “guardian of the public safety” argument is that the defendant does not claim to have jurisdiction over the many ships without liquor licenses plying Long Island Sound on which identical B.Y.O.B. parties may be taking place. The passengers on such nonlicensed ships are in no greater jeopardy due to the lack of the defendant’s protection. Local and state police, together with the United States Coast Guard,11 provide sufficient protection for the public concerning B.Y.O.B. drinking on nonlicensed ships. As evidenced by the events that occurred in this case, the police, when summoned by the captain of the ship, were on the shore awaiting the ship’s arrival. Any jurisdiction of the defendant would have been superfluous.

Underlying the defendant’s argument is its apparent belief that once a permit has been issued, the premises are subject to its jurisdiction twenty-four hours a day, seven days a week, and that there is no way in which the premises can, even temporarily, be freed from this control. The defendant argues that, “a premises can never be shorn of the jurisdiction of the [department of liquor control] as long as a permit has been issued.” The defendant fails to furnish a legal authority for this sweeping statement, nor could we locate any.

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Cite This Page — Counsel Stack

Bluebook (online)
608 A.2d 707, 27 Conn. App. 614, 1992 Conn. App. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelseco-navigation-co-v-department-of-liquor-control-connappct-1992.