§ 30-37u — Temporary auction permit. Regulations.

(a) For the purposes of this section: (1) “Auctioneer” means any person who (A) regularly provides professional services by auctioning items for sale, and (B) does not hold any other permit issued under this chapter; and (2) “Individual collector” means any person who is not (A) a backer or permittee, (B) an employee of a backer, or (C) a director or officer of a backer. (b) A temporary auction permit issued under this section shall allow the sale of beer, spirits and wine obtained from one or more individual collectors, holders of package store permits issued under section 30-20 , holders of cancelled restaurant permits issued under section 30-22 , holders of cancelled cafe permits issued under section 30-22a or holders of cancelled cafe permits for wine, beer and cider issued under section 30-22g through an auction conducted by an auctioneer. Such auction may be conducted, in person or online, only during the hours specified in subsection (d) of section 30-91 . (c) To obtain a temporary auction permit under this section, an auctioneer shall submit an application to the department, in a form and manner prescribed by the department, at least sixty days before the first day of the auction to be conducted under such permit. The auctioneer applicant shall serve as the backer of such permit. Each such permit shall be valid for one auction and shall be effective for a period not to exceed three consecutive days in duration. The department may issue not more than four temporary auction permits to an auctioneer in any calendar year. The provisions of subdivision (3) of subsection (b) and subsection (c) of section 30-39 shall not apply to temporary auction permits issued under this section. The fee for a temporary auction permit shall be one hundred seventy-five dollars per day. (d) The auctioneer shall obtain all beer, spirits and wine that are the subject of an auction conducted under a temporary auction permit issued under this section from one or more individual collectors, holders of package store permits issued under section 30-20 , or holders of cancelled restaurant permits issued under section 30-22 , cancelled cafe permits issued under section 30-22a or cancelled cafe permits for wine, beer and cider issued under section 30-22g . The auctioneer shall only accept beer, spirits or wine that (1) was lawfully acquired by (A) an individual collector, or (B) the holder of a package store permit issued under section 30-20 , cancelled restaurant permit issued under section 30-22 , cancelled cafe permit issued under section 30-22a or cancelled cafe permit for wine, beer and cider issued under section 30-22g who purchased such beer, spirits or wine from the holder of a wholesaler permit issued under section 30-17 , and (2) bears an intact seal from the manufacturer of such beer, spirits or wine. An individual collector may sell or consign such beer, spirits or wine to the auctioneer. The holder of a package store permit issued under section 30-20 may sell or consign such beer, spirits or wine to the auctioneer, provided the starting bid for such beer, spirits or wine is in an amount that is not less than the amount required under section 30-68m . The holder of a cancelled restaurant permit issued under section 30-22 , cancelled cafe permit issued under section 30-22a or cancelled cafe permit for wine, beer and cider issued under section 30-22g may sell or consign such beer, spirits or wine to the auctioneer. All unsold consigned beer, spirits or wine shall be returned to the individual collector, holder of the package store permit issued under section 30-20 , holder of the cancelled restaurant permit issued under section 30-22 , holder of the cancelled cafe permit issued under section 30-22a or holder of the cancelled cafe permit for wine, beer and cider issued under section 30-22g not later than ten days after the final day of such auction. (e) Except as provided in subsection (d) of this section, all beer, spirits and wine sold at an auction conducted pursuant to a temporary auction permit issued under this section is exempt from the requirements of sections 30-63 and 30-68m . Except for unsold consigned beer, spirits or wine that an auctioneer returns to the holder of a package store permit issued under section 30-20 , no such beer, spirits or wine may be resold, offered for sale or otherwise used on the permit premises of any other permittee operating, or the backer of any other permit issued, under this chapter. (f) A holder of a temporary auction permit issued under this section may offer free samples of any beer, spirits or wine to be sold at auction for tasting, provided the holder sends a notice to the department, at least thirty days before the first day of such auction and in a form and manner prescribed by the department, disclosing that the holder intends to offer such free samples for tasting. Any tasting shall be conducted only during the hours in which the holder of a temporary auction permit issued under this section is authorized to sell alcoholic liquor under subsection (d) of section 30-91 . No tasting shall be offered to any minor or intoxicated person, or from more than ten uncorked or open cans or bottles at any one time. Any town or municipality may, by ordinance or zoning regulation, prohibit the offering of such free samples by the holders of temporary auction permits issued under this section at events or functions held in such town or municipality. (g) A temporary auction permit issued under this section shall allow for the delivery and shipment of any beer, spirits or wine sold at an auction conducted pursuant to such permit directly to the consumer who purchased such beer, spirits or wine. Any shipment to a consumer outside of this state is subject to all applicable laws of the jurisdiction in which such consumer is located. When shipping such beer, spirits or wine directly to a consumer in this state, the holder of such permit shall: (1) Ensure that the shipping label on each container containing such beer, spirits or wine states the following: “CONTAINS ALCOHOL—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY”; (2) obtain the signature of a person who is at least twenty-one years of age at the delivery address prior to delivery, after requiring such person to demonstrate that such person is at least twenty-one years of age by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h ; (3) not ship such beer, spirits or wine to any address in this state where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9 ; and (4) make any such shipment through the use of a person who holds an in-state transporter's permit issued under section 30-19f . (h) The department may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

Legislative History

(P.A. 23-50, S. 5; P.A. 24-85, S. 8.) History: P.A. 24-85 amended Subsec. (b) by adding “holders of” before “cancelled cafe permits issued under section 30-22a”, adding reference to holders of cancelled cafe permits for wine, beer and cider issued under Sec. 30-22g and making a conforming change and amended Subsec. (d) by adding references to cancelled cafe permits for wine, beer and cider issued under Sec. 30-22g and the holders thereof and making conforming and technical changes, effective July 1, 2024.