§ 30-1 — Definitions.

Connecticut § 30-1

• Jurisdiction: Connecticut
• Title 30: Intoxicating Liquors
• Ch. 545: Liquor Control Act

Text

For the purposes of this chapter, unless the context indicates a different meaning: (1) “Airline” means any (A) United States airline carrier holding a certificate of public convenience and necessity from the Civil Aeronautics Board under Section 401 of the Federal Aviation Act of 1958, as amended from time to time, or (B) foreign flag carrier holding a permit under Section 402 of said act. (2) “Alcohol” (A) means the product of distillation of any fermented liquid that is rectified at least once and regardless of such liquid's origin, and (B) includes synthetic ethyl alcohol which is considered nonpotable. (3) “Alcoholic beverage” and “alcoholic liquor” include the four varieties of liquor defined in subdivisions (2), (5), (21) and (22) of this section (alcohol, beer, spirits and wine) and every liquid or solid, patented or unpatented, containing alcohol, beer, spirits or wine and at least one-half of one per cent alcohol by volume, and capable of being consumed by a human being as a beverage. Any liquid or solid containing more than one of the four varieties so defined belongs to the variety which has the highest percentage of alcohol according to the following order: Alcohol, spirits, wine and beer, except as provided in subdivision (22) of this section. (4) “Backer” means, except in cases where the permittee is the proprietor, the proprietor of any business or club, incorporated or unincorporated, that is engaged in manufacturing or selling alcoholic liquor and in which business a permittee is associated, whether as an agent, employee or part owner. (5) “Beer” means any beverage obtained by the alcoholic fermentation of a decoction or infusion of barley, hops and malt in drinking water. (6) “Boat” means any vessel that is (A) operating on any waterway of this state, and (B) engaged in transporting passengers for hire to or from any port of this state. (7) “Business entity” means any incorporated or unincorporated association, corporation, firm, joint stock company, limited liability company, limited liability partnership, partnership, trust or other legal entity. (8) “Case price” means the price of a container made of cardboard, wood or any other material and containing units of the same class and size of alcoholic liquor. A case of alcoholic liquor, other than beer, cocktails, cordials, prepared mixed drinks and wines, shall be in the quantity and number, or fewer, with the permission of the Commissioner of Consumer Protection, of bottles or units as follows: (A) Six one thousand seven hundred fifty milliliter bottles, (B) six one thousand eight hundred milliliter bottles, (C) twelve seven hundred milliliter bottles, (D) twelve seven hundred twenty milliliter bottles, (E) twelve seven hundred fifty milliliter bottles, (F) twelve nine hundred milliliter bottles, (G) twelve one liter bottles, (H) twenty-four three hundred seventy-five milliliter bottles, (I) forty-eight two hundred milliliter bottles, (J) sixty one hundred milliliter bottles, or (K) one hundred twenty fifty milliliter bottles, except a case of fifty milliliter bottles may be in a quantity and number as originally configured, packaged and sold by the manufacturer or out-of-state shipper prior to shipment if the number of such bottles in such case is not greater than two hundred. The commissioner shall not authorize fewer quantities or numbers of bottles or units as specified in this subdivision for any one person or entity more than eight times in any calendar year. For the purposes of this subdivision, “class” has the same meaning as provided in 27 CFR 4.21 for wine, 27 CFR 5.22 for spirits and 27 CFR 7.24 for beer. (9) “Club” has the same meaning as provided in section 30-22aa . (10) “Coliseum” has the same meaning as provided in section 30-33a . (11) “Commission” means the Liquor Control Commission established under this chapter. (12) “Department” means the Department of Consumer Protection. (13) “Dining room” means any room or rooms (A) located in premises operating under (i) a hotel permit issued under section 30-21 , (ii) a restaurant permit issued under subsection (a) of section 30-22 , (iii) a restaurant permit for wine and beer issued under subsection (b) of section 30-22 , (iv) a cafe permit issued under section 30-22a , or (v) a cafe permit for wine, beer and cider issued under section 30-22g , and (B) where meals are customarily served to any member of the public who has means of payment and a proper demeanor. (14) “Mead” means fermented honey (A) with or without additions or adjunct ingredients, and (B) regardless of (i) alcohol content, (ii) process, and (iii) whether such honey is carbonated, sparkling or still. (15) “Minor” means any person who is younger than twenty-one years of age. (16) “Noncommercial entity” means an academic institution, charitable organization, government organization, nonprofit organization or similar entity that is not primarily dedicated to obtaining a commercial advantage or monetary compensation. (17) “Nonprofit club” has the same meaning as provided in section 30-22aa . (18) (A) “Person” means an individual, including, but not limited to, a partner. (B) “Person” does not include any business entity. (19) (A) “Proprietor” includes all owners of a business or club, incorporated or unincorporated, that is engaged in manufacturing or selling alcoholic liquor, whether such owners are persons, fiduciaries, business entities, stockholders of corporations or otherwise. (B) “Proprietor” does not include any person who, or business entity that, is merely a creditor, whether as a bond holder, franchisor, landlord or note holder, of a business or club, incorporated or unincorporated, that is engaged in manufacturing or selling alcoholic liquor. (20) “Restaurant” has the same meaning as provided in section 30-22 . (21) “Spirits” means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including brandy, rum, whiskey and gin. (22) “Wine” means any alcoholic beverage obtained by fermenting the natural sugar content of fruits, such as apples, grapes or other agricultural products, containing such sugar, including fortified wines such as port, sherry and champagne.

Legislative History

(1949 Rev., S. 4222; 1951, 1953, S. 2148d; 1957, P.A. 267, S. 1; 617, S. 1; 1959, P.A. 590; 1961, P.A. 292; 1963, P.A. 274, S. 1; February, 1965, P.A. 512; 553, S. 1; 1967, P.A. 365, S. 1; 725, S. 1; 1969, P.A. 135, S. 1; 724, S. 1; 739; 1971, P.A. 254, S. 1; 1972, P.A. 127, S. 57; P.A. 73-222; 73-533, S. 1; 73-543, S. 1; 73-563, S. 1; P.A. 74-307, S. 1; P.A. 75-259, S. 1, 8; 75-641, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-80, S. 1, 4; 78-82, S. 2; 78-202, S. 1, 2, 5; 78-294, S. 1, 5; 78-303, S. 80, 85, 136; P.A. 79-404, S. 38, 45; P.A. 80-198, S. 2; 80-482, S. 4, 170, 189, 191, 345, 348; P.A. 81-287, S. 1; 81-294, S. 6, 22; P.A. 82-68, S. 1, 11; 82-299, S. 1, 6; P.A. 83-152, S. 2; 83-508, S. 2; P.A. 85-264, S. 1, 4; 85-613, S. 82, 154; P.A. 89-181, S. 1, 6; P.A. 90-72, S. 1; 90-271, S. 18, 24; P.A. 91-118, S. 1; P.A. 93-139, S. 1; 93-326, S. 2; P.A. 95-79, S. 105, 189; 95-195, S. 11, 83; P.A. 03-235, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-288, S. 132; P.A. 06-94, S. 1; P.A. 16-18, S. 1; P.A. 19-24, S. 2, 3; P.A. 21-10, S. 6; 21-37, S. 54; P.A. 22-104, S. 1; P.A. 23-50, S. 1, 2; P.A. 24-85, S. 1; 24-142, S. 54.) History: 1959 act redefined club to qualify national or international fraternal or social organizations or affiliates in existence in state 1 year; 1961 act redefined case price to include cordials, cocktails, wines and prepared mixed drinks in exception; 1963 act added Subdiv. (21) defining “grocery store”; 1965 acts redefined “hotel” to include golf facilities and swimming pools as part of hotel premises and added Subdiv. (22) defining “golf country club”; 1967 acts added Subdivs. (23) and (24) defining “cafe” and “nonprofit theater”; 1969 acts redefined “bottle price” to specify applicability to alcoholic liquor other than beer and to clarify unit sizes, redefined “golf country club” to allow application for permit by organizations in existence for less than 1 year if certain conditions are met and redefined “case price” similarly for clarity and added Subdiv. (25) defining “nonprofit public art museum”; 1971 act added Subdiv. (26) defining “charitable organization”; 1972 act redefined “minor” to reflect lowered age of majority, i.e. from 21 to 18; P.A. 73-222 changed population marker in “hotel” definition from 15,000 to 40,000; P.A. 73-533 added Subdivs. (27) to (29) defining “coliseum”, “coliseum club” and “arena”; P.A. 73-543 added Subdiv. (30) defining “airline”; P.A. 73-563 redefined “hotel” adding as determiner of classification number of days food is served per week and whether or not food is served at all times when liquor is served; P.A. 74-307 added Subdiv. (31) defining “special sporting facility”; P.A. 75-259 redefined “case price” to include liter and milliliter bottles; P.A. 75-641 rearranged Subdivs. to place terms defined in alphabetical order; P.A. 77-614 replaced liquor control commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 78-80 added Subdiv. (32) defining “motel”; P.A. 78-82 added Subdiv. (33) defining “resort”; P.A. 78-202 added Subdiv. (34) defining “special outing facility”; P.A. 78-294 added Subdiv. (35) defining “farm winery”; P.A. 78-303 created exceptions to replacement of liquor control commission with division of liquor control; P.A. 79-404 replaced commission on special revenue with gaming policy board in Subdiv. (28); P.A. 80-198 included sales of wine in definition of “tavern”; P.A. 80-482 (See Secs. 4, 170 and 191) made division of liquor control an independent department and abolished the department of business regulation, overriding provision of same act which would have placed the division within the public safety department; P.A. 81-287 amended Subdiv. (11), defining “club”, to include definition of “nonprofit club”; P.A. 81-294 amended Subdiv. (7), defining “bottle price”, to include references to metric units and to allow increases greater than the previously stated amounts of two, four or eight cents in determining bottle price, effective January 1, 1982; P.A. 82-68 amended Subdiv. (20) by redefining “minor” as a person under 19 years of age, raising the age from 18; P.A. 82-299 added Subdiv. (36) defining “catering establishment”; P.A. 83-152 added a new Subdiv. (37) defining “nonprofit public television corporation”; P.A. 83-508 amended Subdiv. (20) by redefining “minor” as a person under 20 years of age, raising the age from 19; P.A. 85-264 redefined “minor” in Subdiv. (20) as any person under 21 years of age other than a person who has attained the age of 20 on or before September 1, 1985; P.A. 85-613 made technical change in Subdiv. (9); P.A. 89-181 added a new Subdiv. (38) defining “brew pub”; P.A. 90-72 added Subdiv. (15)(B) re an alternative definition of “golf country club”; P.A. 90-271 made a technical change in Subdiv. (2); P.A. 91-118 amended Subdiv. (21) by deleting “art” before “museum”, thus defining a permit that could be obtained by all nonprofit public museums, without regard to whether “art” was displayed there and deleted the word “floor”, before “area”, in the phrase “one hundred thousand square feet of floor area”; P.A. 93-139 made technical changes, amended the definitions of “alcoholic liquor”, “minor” and “dining room”, entirely redefined “club”, “coliseum”, “golf country club”, “restaurant”, “special sporting facility” and “nonprofit public television corporation” and deleted the definitions of “arena”, “bottle price”, “cafe”, “nonprofit club”, “coliseum club”, “grocery store”, “hotel”, “licensed pharmacist” or “licensed druggist”, “licensed pharmacy”, “nonprofit public museum”, “nonprofit theater”, “pharmacy commission”, “tavern”, “motel”, “resort”, “special outing facility”, “farm winery”, “catering establishment” and “brew pub”; P.A. 93-326 would have redefined “special outing facility” to reduce pavilion seating capacity from two hundred fifty people to one hundred fifty people, but failed to take effect since that definition was repealed by P.A. 93-139; P.A. 95-79 redefined “person” to exclude limited liability companies, effective May 31, 1995; P.A. 95-195 amended Subdiv. (10) to substitute Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 03-235 amended Subdiv. (6) by adding ninety-six 100-milliliter bottles to definition of “case price”, effective June 26, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-288 made a technical change in Subdiv. (14), effective July 13, 2005; P.A. 06-94 amended Subdiv. (14) to change reference from “subdivision (5)” to “subdivision (4)” and add exclusion for landlords and franchisors in definition of “proprietor”; P.A. 16-18 amended Subdiv. (6) to redefine “case price” by adding “, or fewer, with the permission of the Commissioner of Consumer Protection,” and replacing provisions re number and quantity of units or bottles with new provisions re same in Subpara. (B) and adding provision re commissioner not to authorize fewer numbers or quantities of units or bottles, effective May 6, 2016; P.A. 19-24 replaced “(19)” with “(20)” in Subdiv. (3) and redefined “case price” in Subdiv. (6), effective June 5, 2019, and replaced “(19)” with “(20)” in Subdiv. (3), redefined “case price” in Subdiv. (6), deleted former Subdiv. (8) defining “club”, redesignated existing Subdivs. (9) and (10) as new Subdivs. (8) and (9), deleted former Subdiv. (11) defining “golf country club”, added new Subdiv. (10) defining “mead”, redesignated existing Subdivs. (12) to (14) as new Subdivs. (11) to (13), redesignated existing Subdiv. (15) as new Subdiv. (14) and amended same to redefine “dining room”, redesignated existing Subdiv. (16) as new Subdiv. (15), deleted former Subdiv. (17) defining “special sporting facility”, redesignated existing Subdivs. (18) to (20) as new Subdivs. (16) to (18), effective July 1, 2020; P.A. 21-10 amended Subdiv. (3) by replacing references to Subdivs. (16) and (17) with Subdivs. (18) and (19) and a reference to Subdiv. (20) with Subdiv. (19), added new Subdiv. (8) defining “club”, redesignated existing Subdivs. (8) and (9) as Subdivs. (9) and (10), amended Subdiv. (10) by deleting definition of “department”, added new Subdiv. (11) defining “department”, redesignated existing Subdivs. (10) to (18) as Subdivs. (12) to (20), amended Subdiv. (15) by making technical changes and added Subdiv. (21) defining “nonprofit club”, effective May 13, 2021; P.A. 21-37 amended Subdivs. (3) and (13) to make technical changes and amended Subdiv. (14) to redefine “dining room” by adding reference to wine or cafe permit, effective July 1, 2021; P.A. 22-104 amended Subdiv. (1) by dividing existing provisions into Subparas. (A) and (B), amended Subdiv. (2) by dividing existing provisions into Subparas. (A) and (B), added new Subdiv. (6) defining “boat”, redesignated existing Subdivs. (6) to (11) as Subdivs. (7) to (12), amended redesignated Subdiv. (7) by deleting former Subpara. (A) and (B) designators, redesignating existing Subpara. (B)(i) as Subpara. (A), adding new Subpara. (B) and Subparas. (C) and (D) re 1,800 milliliter bottles, 700 milliliter bottles and 720 milliliter bottles, respectively, redesignating existing Subpara. (B)(iii) as Subpara. (E), adding Subpara. (F) re 900 milliliter bottles, redesignating existing Subpara. (B)(ii) as Subpara. (G) and redesignating existing Subpara. (B)(iv) to (vii) as Subparas. (H) to (K), amended redesignated Subdiv. (8) by dividing existing provisions into Subparas. (A) and (B), redesignated former Subdivs. (16), (20) and (21) as Subdivs. (13), (17) and (16), respectively, amended redesignated Subdiv. (14) by dividing existing provisions into Subparas. (A), (B) and (B)(i) to (iii), redesignated existing Subdiv. (13) as Subdiv. (15), redesignated existing Subdiv. (14) as Subdiv. (18) and divided existing provisions into Subparas. (A) and (B), redesignated existing Subdiv. (15) as Subdiv. (19) and divided existing provisions into Subparas. (A) and (B), redesignated existing Subdiv. (19) as Subdiv. (22), and made technical and conforming changes throughout, effective May 24, 2022; P.A. 23-50 deleted former Subdiv. (8) defining “charitable organization”, redesignated existing Subdivs. (9) to (15) as Subdivs. (8) to (14), added new Subdiv. (15) defining “noncommercial entity”, deleted former Subdiv. (17) defining “nonprofit public television corporation”, redesignated existing Subdivs. (18) to (22) as Subdivs. (17) to (21), and made conforming changes in Subdiv. (3), effective July 1, 2023, and added references to Secs. 30-16d, 30-16e, 30-22f and 30-37u, included in existing reference to “this chapter”, effective October 1, 2023; P.A. 24-85 amended Subdiv. (12) defining “dining room” by adding Subpara. (A)(v) re cafe permit for wine, beer and cider issued under Sec. 30-22g, and made conforming changes, effective July 1, 2024; P.A. 24-142 added new Subdiv. (7) defining “business entity”, redesignated existing Subdivs. (7) to (21) as Subdivs. (8) to (22), redefined “person” by substituting reference to business entity for reference to corporation, joint stock company, limited liability company or other association of individuals in redesignated Subdiv. (18)(B), redefined “proprietor” by substituting reference to business entities for reference to joint stock companies in redesignated Subdiv. (19)(A) and reference to business entity for reference to corporation in redesignated Subdiv. (19)(B), and made conforming changes in Subdiv. (3), effective June 6, 2024. The following cases decided prior to enactment of the Liquor Control Act of 1933: Complaint charging sale of “spirituous liquor, to wit: beer,” sufficient. 51 C. 1. Spirituous and intoxicating liquors include medicines prepared and sold by a druggist, of which a part is spirituous liquor. 61 C. 39. When lease contained provision that rental should be reduced one-half in case city wherein premises leased were located “should go no license”, passage of Volstead act operated to reduce rental one-half. 98 C. 751. Partially denatured alcohol readily made fit for beverage purposes held to be intoxicating liquor; any liquor specifically mentioned in former section or declared intoxicating by United States laws is intoxicating liquor; whether or not liquor is fit for beverage purposes is for the jury. 100 C. 645. Only such parts of statute defining intoxicating liquors as are relevant need be covered in charge. 102 C. 636. The following cases decided subsequent to enactment of Liquor Control Act: The definitions given of “alcohol”, “beer”, etc. are sufficiently broad to include medicinal compounds containing alcohol. 118 C. 252. It is not necessary that proof of alcoholic content in a given case be established only by an expert. 119 C. 439. Defendant not harmed by court's statement that it was undisputed that beer was “alcoholic liquor”. 120 C. 43. Under former statute, “regularly served” meals are meals served during hours restaurants are usually open; however, there must be a bona fide restaurant business. 121 C. 446. Whether or not place of business conformed to statutory definition is a question of fact. Id., 695. Commission did not abuse its discretion in refusing permits on ground restaurant business not bona fide. 123 C. 318. Cited. 124 C. 690. Action of commission must be tested by condition of club's premises at time of the hearing. 125 C. 106. A change from unincorporated to incorporated form not material to continuous existence of a club. Id., 108. Service of hot meals insufficient to afford assurance of bona fide restaurant business. 128 C. 115. Cited. 132 C. 665; 133 C. 151. Mere possession of supply of food sufficient to offer limited number and variety of meals would not make premises restaurant if there were so few food patrons or their demands for food were so insignificant that service of hot meals was not a regular part of permittee's business. 149 C. 511. Cited. 158 C. 362; 160 C. 4. An association operating under a club liquor permit which terminated the voting rights of its members and made its board of governors self-perpetuating does not come within the statutory definition of “club” as defined in the Liquor Control Act. 166 C. 97. Cited. 191 C. 528; 195 C. 18; 207 C. 88; 236 C. 670. Discussed. 5 CS 234. Statutory requirements to be a club reviewed. 16 CS 60. Word “person” interpreted to allow a corporation to be eligible for a liquor permit. 18 CS 273. History of section reviewed. 20 CS 256. Cited. 22 CS 354. “Owner” means all persons who have combined in them both the title to and right of possession of the business and the owner shall be responsible for the conduct of the business; management does not mean ownership. Id., 420. Cited. 23 CS 281; Id., 474; 36 CS 305. Purpose of act was to redefine and extend privilege of acquiring a grocery store beer permit to stores other than grocery stores; not determinative as to whether supermarket is grocery store for purposes of Sec. 53-290. 3 Conn. Cir. Ct. 682. Cited. 4 Conn. Cir. Ct. 170. Chemical analysis is not only method by which jury may determine that beer sold to minor is alcoholic beverage within prohibition of statute; common knowledge of well-known and nationally advertised brands may establish fact for jury. 5 Conn. Cir. Ct. 373.