§ 30-39 — Applications for permits, renewals. Fees. Publication, remonstrance, hearing. Prohibited conduct by third parties, hearing, penalties.

Connecticut § 30-39

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

Text

(a) For the purposes of this section, the “filing date” of an application means the date upon which the department, after approving the application for processing, mails or otherwise delivers to the applicant a placard containing such date. (b) (1) Any person desiring a liquor permit or a renewal of such a permit shall make an affirmed application therefor to the Department of Consumer Protection, upon forms to be furnished by the department, showing the name and address of the applicant and of the applicant's backer, if any, the location of the club or place of business which is to be operated under such permit and a financial statement setting forth all elements and details of any business transactions connected with the application. Such application shall include a detailed description of the type of live entertainment that is to be provided. A club or place of business shall be exempt from providing such detailed description if the club or place of business (A) was issued a liquor permit prior to October 1, 1993, and (B) has not altered the type of entertainment provided. The application shall also indicate any crimes of which the applicant or the applicant's backer may have been convicted. Applicants shall submit documents, only upon initial application, sufficient to establish that state and local building, fire and zoning requirements and local ordinances concerning hours and days of sale will be met, except that local building and zoning requirements and local ordinances concerning hours and days of sale shall not apply to a cafe permit issued under subsection (d) or (h) of section 30-22a . The State Fire Marshal or the marshal's certified designee shall be responsible for approving compliance with the State Fire Code at Bradley International Airport. Any person desiring a permit provided for in section 30-33b shall file a copy of such person's license with such application if such license was issued by the Department of Consumer Protection. The department may, at its discretion, conduct an investigation to determine (i) whether a permit shall be issued to an applicant or the applicant's backer, or (ii) the suitability of the proposed permit premises. Completion of an inspection pursuant to subsection (f) of section 29-305 shall not be deemed to constitute a precondition to renewal of a permit that is subject to subsection (f) of section 29-305 . (2) The applicant shall pay to the department a nonrefundable application fee, which fee shall be in addition to the fees prescribed in this chapter for the permit sought. An application fee shall not be charged for an application to renew a permit. The application fee shall be in the amount of ten dollars for the filing of each application for a permit by a nonprofit golf tournament permit under section 30-37g or a temporary liquor permit for a noncommercial entity under section 30-35 ; and in the amount of one hundred dollars for the filing of an initial application for all other permits. Any permit issued shall be valid only for the purposes and activities described in the application. (3) The applicant, immediately after filing an application, shall give notice thereof, with the name and residence of the permittee, the type of permit applied for and the location of the place of business for which such permit is to be issued and the type of live entertainment to be provided, all in a form prescribed by the department, by publishing the same in a newspaper having a circulation in the town in which the place of business to be operated under such permit is to be located, at least once a week for two successive weeks, the first publication to be not more than seven days after the filing date of the application and the last publication not more than fourteen days after the filing date of the application. The applicant shall affix, and maintain in a legible condition upon the outer door of the building wherein such place of business is to be located and clearly visible from the public highway, the placard provided by the department, not later than the day following the receipt of the placard by the applicant. If such outer door of such premises is so far from the public highway that such placard is not clearly visible as provided, the department shall direct a suitable method to notify the public of such application. When an application is filed for any type of permit for a building that has not been constructed, such applicant shall erect and maintain in a legible condition a sign not less than six feet by four feet upon the site where such place of business is to be located, instead of such placard upon the outer door of the building. The sign shall set forth the type of permit applied for and the name of the proposed permittee, shall be clearly visible from the public highway and shall be so erected not later than the day following the receipt of the placard. Such applicant shall make a return to the department, under oath, of compliance with the foregoing requirements, in such form as the department may determine, but the department may require any additional proof of such compliance. Upon receipt of evidence of such compliance, the department may hold a hearing as to the suitability of the proposed location. The provisions of this subdivision shall not apply to applications for (A) airline permits issued under section 30-28a , (B) temporary liquor permits for noncommercial entities issued under section 30-35 , (C) concession permits issued under section 30-33 , (D) military permits issued under section 30-34 , (E) cafe permits issued under subsection (h) of section 30-22a , (F) warehouse permits issued under section 30-32 , (G) broker's permits issued under section 30-30 , (H) out-of-state shipper's permits for alcoholic liquor issued under section 30-18 , (I) out-of-state shipper's permits for beer issued under section 30-19 , (J) coliseum permits issued under section 30-33a , (K) nonprofit golf tournament permits issued under section 30-37g , (L) Connecticut craft cafe permits issued under section 30-22d to permittees who held a manufacturer permit for a brew pub or a manufacturer permit for beer issued under subsection (b) of section 30-16 and a brew pub before July 1, 2020, (M) off-site farm winery sales and wine, cider and mead tasting permits issued under section 30-16a , (N) out-of-state retailer shipper's permits for wine issued under section 30-18a , (O) out-of-state winery shipper's permits for wine issued under section 30-18a , (P) in-state transporter's permits for alcoholic liquor issued under section 30-19f , including, but not limited to, boats operating under such permits, (Q) seasonal outdoor open-air permits issued under section 30-22e , (R) festival permits issued under section 30-37t , (S) temporary auction permits issued under section 30-37u , (T) outdoor open-air permits issued under section 30-22f , and (U) renewals of any permit described in subparagraphs (A) to (T), inclusive, of this subdivision, if applicable. The provisions of this subdivision regarding publication and placard display shall also be required of any applicant who seeks to amend the type of entertainment either upon filing of a renewal application or upon requesting permission of the department in a form that requires the approval of the municipal zoning official. (4) In any case in which a permit has been issued to a partnership, if one or more of the partners dies or retires, the remaining partner or partners need not file a new application for the unexpired portion of the current permit, and no additional fee for such unexpired portion shall be required. Notice of any such change shall be given to the department and the permit shall be endorsed to show correct ownership. When any partnership changes by reason of the addition of one or more persons, a new application with new fees shall be required. (c) Any ten persons who are at least eighteen years of age, and are residents of the town within which the business for which the permit or renewal thereof has been applied for, is intended to be operated, or, in the case of a manufacturer's or a wholesaler's permit, any ten persons who are at least eighteen years of age and are residents of the state, may file with the department, within three weeks from the last date of publication of notice made pursuant to subdivision (3) of subsection (b) of this section for an initial permit, and in the case of renewal of an existing permit, at least twenty-one days before the renewal date of such permit, a remonstrance containing any objection to the suitability of such applicant or proposed place of business, provided any such issue is not controlled by local zoning. Upon the filing of such remonstrance, the department, upon written application, shall hold a hearing and shall give such notice as it deems reasonable of the time and place at least five days before such hearing is had. The remonstrants shall designate one or more agents for service, who shall serve as the recipient or recipients of all notices issued by the department. At any time prior to the issuance of a decision by the department, a remonstrance may be withdrawn by the remonstrants or by such agent or agents acting on behalf of such remonstrants and the department may cancel the hearing or withdraw the case. The decision of the department on such application shall be final with respect to the remonstrance. The provisions of this subsection shall not apply to festival permits issued under section 30-37t . (d) No new permit shall be issued until the foregoing provisions of subsections (a) and (b) of this section have been complied with. If no new permit is issued within twelve months of the filing date, as defined in subsection (a) of this section, the application may, in the discretion of the department, be deemed withdrawn and shall then be returned to the applicant. Six months' or seasonal permits may be renewed, provided the renewal application and fee shall be filed at least twenty-one days before the reopening of the business, there is no change in the permittee, ownership or type of permit, and the permittee or backer did not receive a rebate of the permit fee with respect to the permit issued for the previous year. (e) The department may renew a permit that has expired if the applicant pays to the department a nonrefundable late fee pursuant to subsection (c) of section 21a-4 , which fee shall be in addition to the fees prescribed in this chapter for the permit applied for. The provisions of this subsection shall not apply to one-day permits, to any permit which is the subject of administrative or court proceedings, or where otherwise provided by law. (f) No person who assists an applicant, backer or permittee in submitting an application for a liquor permit shall submit, or cause to be submitted, any false statement in connection with such application, or engage in any conduct which delays or impedes the department in processing such application. A violation of this subsection shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b . The commissioner, after providing an opportunity for a hearing in accordance with chapter 54, may impose on any person who violates the provisions of this subsection a civil penalty in an amount not to exceed one thousand dollars per violation, and may order such person to pay restitution to the applicant, backer or permittee. All civil penalties paid, collected or recovered under this subsection shall be deposited in the consumer protection enforcement account established in section 21a-8a .

Legislative History

(1949 Rev., S. 4259; 1949, 1951, 1955, S. 2161d; 1961, P.A. 302; 1971, P.A. 206; P.A. 73-7; 73-543, S. 7, 14; 73-584; P.A. 74-10, S. 1, 2; 74-307, S. 6; P.A. 75-641, S. 10; 75-642, S. 3; P.A. 76-370, S. 3; P.A. 77-114, S. 1; 77-412; 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 79-404, S. 40, 45; P.A. 80-482, S. 4, 170, 191, 342, 343, 345, 348; P.A. 82-332, S. 4, 13; P.A. 83-152, S. 4; 83-514; P.A. 84-494, S. 5, 11; P.A. 85-380, S. 7, 12; P.A. 93-56; 93-83, S. 1; 93-139, S. 48; P.A. 95-29, S. 1–3; 95-195, S. 45, 83; P.A. 99-194, S. 24; P.A. 03-235, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-59, S. 1; P.A. 06-94, S. 2; P.A. 11-51, S. 202; P.A. 13-299, S. 84; P.A. 18-141, S. 2; P.A. 21-37, S. 86; P.A. 22-56, S. 2; 22-104, S. 17; P.A. 23-50, S. 17, 18; P.A. 24-142, S. 62.) History: 1961 act provided procedure where permit is requested for building not yet constructed and excepted special club permits from notice requirement; 1971 act made hearings mandatory rather than discretionary; P.A. 73-7 required that sign denoting application for permit be erected not later than the day following receipt of placard rather than not later than the day following the date of application, deleted requirement that hearing be held in the town where the business is to be located and allowed renewal of six months' or seasonal permits if permittee or backer did not receive a fee rebate for the permit issued for the previous year; P.A. 73-543 included airline permits in exception to provision requiring publication of notice of application; P.A. 73-584 required that applicant pay nonrefundable application fee for initial applications and applications to permanently substitute the identity of the permittee; P.A. 74-10 divided section into Subsecs. and exempted charitable organization permits and temporary permits from provision requiring payment of nonrefundable application fee; P.A. 74-307 divided Subsec. (a) into Subdivs. (1) and (2), required that person seeking permits under Sec. 30-33b file a copy of his license with the application, moved exemptions from notice requirements to end of Subsec. (a) and added exemptions for coliseum permits, coliseum concession permits, special sporting facility restaurant, employee recreational, guest, concession and bar permits; P.A. 75-641 added Subsec. (a)(3) re fees when permit is issued to a partnership; P.A. 75-642 required that initial and renewal permits for on-premise consumption require that applicant supply names of bartender employees in Subsec. (a)(1) and made failure to supply names a ground for revocation of permit in Subsec. (c); P.A. 76-370 removed exception for charitable organization or temporary permit application in provision requiring payment of nonrefundable fees under Subsec. (a)(1) and imposed a $10 fee for such permits; P.A. 77-114 deleted provision requiring payment of $30 fee for application to permanently substitute the identity of the permittee in Subsec. (a)(1); P.A. 77-412 made $10 application fee in Subsec. (a)(1) applicable to special club permits; P.A. 77-614 and P.A. 78-303 replaced liquor control commission with division of liquor control within the department of business regulation, effective January 1, 1979; P.A. 79-404 allowed alternative filing of copy of license issued by division of special revenue within the department of business regulation (formerly commission on special revenue) or gaming policy board with application for permit under Sec. 30-33b in Subsec. (a)(1); P.A. 80-482 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 and placed division of special revenue within the department of revenue services for administrative purposes following the abolition of business regulation department; P.A. 82-332 eliminated citizenship requirement and requirement that bartender's names be furnished to department, added requirement that statements be submitted relating to finances, convictions of crimes and compliance with local ordinances and provided that investigations are to be made at the discretion of the department; P.A. 83-152 amended Subdiv. (a)(1) by requiring that nonprofit public television corporations pay a $10 fee for an application; P.A. 83-514 added Subsec. (d) which allows the department to review a permit which has expired upon payment of a nonrefundable fee of $100; P.A. 84-494 amended Subsec. (a)(1) by exempting any class of airport permit from the provisions of local building and zoning requirements concerning hours and days of sale and by requiring the state fire marshal to approve compliance with the state fire code at Bradley International Airport; P.A. 85-380 amended Subsec. (a)(1) by adding nonprofit golf tournament permits to the number of charitable permits with a fee of $10; P.A. 93-56 required applicants for liquor permits, after October 1, 1993, to submit a detailed description of any live entertainment to be provided; P.A. 93-83 made technical changes, inserted new Subsec. (a) defining “filing date”, relettering remaining Subsecs. accordingly, and in Subsec. (c) specified the time period for residents to file a remonstrance in cases involving initial permits and permit renewals; P.A. 93-139 made technical changes; P.A. 95-29 amended Subsec. (b)(3) to include nonprofit golf tournament and nonprofit public television permits in the list of exempted permits and amended Subsec. (c) to require remonstrants to designate agents for service, effective May 16, 1995; P.A. 95-195 amended Subsec. (b)(1) to substitute Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 99-194 amended Subsec. (e) to change amount of nonrefundable late fee from $100 to the fee pursuant to Sec. 21a-4(c), that is the greater of 10% of renewal fee or $10; P.A. 03-235 amended Subsec. (b) by making technical changes for the purpose of gender neutrality in Subdiv. (1) and adding provision in Subdiv. (3) re applicability of publication and placard display requirements to renewal applications involving amendment of entertainment type; 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. 05-59 amended Subsec. (c) to change the deadline for the filing of a remonstrance from within three weeks from the filing date of the application to within three weeks from the last date of publication of notice, effective June 2, 2005; P.A. 06-94 amended Subsec. (c) by specifying that persons who are at least 18 years of age and are residents may file remonstrance, by making a technical change and by adding provision re withdrawal of remonstrance; P.A. 11-51 amended Subsec. (b)(1) by deleting “from the Division of Special Revenue or the Gaming Policy Board” and adding “if such license was issued by the Gaming Policy Board”, effective July 1, 2011; P.A. 13-299 amended Subsec. (b)(1) to replace “Gaming Policy Board” with “Department of Consumer Protection”, effective July 1, 2013; P.A. 18-141 amended Subsec. (b)(3) by adding provision re publication and placard display required of applicant who seeks to amend type of entertainment upon requesting permission from department in form that requires approval of municipal zoning official, effective June 11, 2018; P.A. 21-37 amended Subsec. (b)(1) by replacing “sworn” with “affirmed” re application and replacing airport permit with cafe permit issued under Sec. 30-22a(d), amended Subsec. (b)(3) by designating existing provisions as Subparas. (A) to (F), (H) to (M) and (O), deleting reference to railroad, boat and coliseum concession permits and various special sporting facility permits, adding Subpara. (G) re cafe permits and Subpara. (N) re Connecticut craft cafe permits, amended Subsec. (c) by adding “, provided any such issue is not controlled by local zoning” and amended Subsec. (d) by adding provision re if no new permit issued within 12 months of filing application being deemed withdrawn, effective June 4, 2021; P.A. 22-56 amended Subsec. (b) by adding references to Secs. 30-37b, 30-37d, 30-37g, 30-35 and 30-25 in Subdiv. (2), adding reference to Secs. 30-28a, 30-37b, 30-35, 30-25, 30-33, 30-34, 30-32 and 30-30 in Subdiv. (3)(A), (B), (C), (D), (E), (F), (H) and (I), respectively, dividing existing Subdiv. (3)(J) into new Subdiv. (3)(J) and (K), redesignating existing Subdiv. (3)(K) to (N) as new Subdiv. (3)(L) to (O), adding reference to Sec. 30-18 in new Subdiv. (3)(J), Secs. 30-19, 30-33a, 30-37g and 30-37d in new Subdiv. (3)(K), (L), (M) and (N), respectively, and Secs. 30-22d and 30-16(b) in new Subdiv. (3)(O), adding Subdiv. (3)(P) re festival permits issued under Sec. 30-37t and redesignating existing Subdiv. (3)(O) as new Subdiv. (3)(Q), amended Subsec. (c) by adding provision re festival permits issued under Sec. 30-37t, and made technical and conforming changes, effective May 23, 2022; P.A. 22-104 amended Subsec. (b) by adding reference to Sec. 30-22a(h) in Subdiv. (1), adding references to Secs. 30-37b, 30-37d, 30-37g, 30-35 and 30-25 in Subdiv. (2), adding reference to Secs. 30-28a, 30-37b, 30-35, 30-25, 30-33, 30-34, 30-32 and 30-30 in Subdiv. (3)(A), (B), (C), (D), (E), (F), (H) and (I), respectively, substituting reference to Sec. 30-22a(h) for reference to Secs. 30-22a(j) and (k) in Subdiv. (3)(G), dividing existing Subdiv. (3)(J) into new Subdiv. (3)(J) and (K), adding reference to Secs. 30-18 and 30-19 in new Subdiv. (3)(J) and (K), respectively, redesignating existing Subdiv. (3)(K) to (N) as new Subdiv. (3)(L) to (O), adding reference to Secs. 30-33a, 30-37g, 30-37d and 30-22d in Subdiv. (3)(L), (M), (N) and (O), respectively, adding Subdiv. (3)(P), (Q), (R), (S) and (T) re permit issued under Secs. 30-16a, 30-18a, 30-18a, 30-19f and 30-22e, respectively, redesignating existing Subdiv. (3)(O) as Subdiv. (3)(U), and made technical and conforming changes, effective May 24, 2022; P.A. 23-50 amended Subsec. (b)(2) by deleting references to Secs. 30-37b, 30-37d and 30-25, Subsec. (b)(3) by deleting reference to Sec. 30-37b in Subpara. (B), deleting former Subpara. (D) re special club permits issued under Sec. 30-25, redesignating existing Subparas. (E) to (M) as Subparas. (C) to (K), deleting former Subpara. (N) re nonprofit public television corporation permits issued under Sec. 30-37d and redesignating existing Subparas. (O) to (U) as Subparas. (L) to (R), added Subsec. (f) re false statements and dilatory conduct by third parties, and made technical and conforming changes in Subsec. (b)(2) and (3)(B), effective July 1, 2023, and amended Subsec. (b)(1) by adding provisions re submission of documents only upon initial application and specifying that completion of inspection pursuant to Sec. 29-305(f) shall not be deemed to constitute precondition to renewal of permit subject to said Sec. 29-305(f), Subsec. (b)(3) by adding Subpara. (S) re temporary auction permits issued under Sec. 30-37u, adding Subpara. (T) re outdoor open-air permits issued under Sec. 30-22f and redesignating existing Subpara. (S) as Subpara. (U), and made a conforming change in redesignated Subsec. (b)(3)(U), effective October 1, 2023; P.A. 24-142 amended Subsec. (b)(1)(B) by designating existing provision re investigation as clause (i), adding reference to applicant's backer in said clause and adding clause (ii) re suitability of proposed permit premises, effective June 6, 2024. The provision concerning finality of decision as to remonstrants is not binding on town which was not a remonstrant. 132 C. 212. Such provision refers only to matters of fact; it does not mean commission's decision is not open to attack by proper legal procedure. 133 C. 156. Cited. 135 C. 397; 150 C. 425. There is no direct appeal from action of commission in granting, suspending or revoking permits except by applicants and permittees but, where commission grants a permit in violation of express provision of law, its action may be attacked by a proper legal procedure. 153 C. 50. Where defendant had failed to specify in notices initially published and erected by him the type of permit applied for, plaintiffs were not entitled to injunction against him since they failed to prove they were substantially and irreparably injured by this violation or the granting of the permit. Id., 52. Requirement that permittee seeking renewal make sworn application is an act to be performed personally. 175 C. 279. Cited. Id., 409; 184 C. 75; 191 C. 528; 241 C. 180. Cited. 4 CA 252; 6 CA 278; 42 CA 272; judgment reversed, see 241 C. 180. Partnership agreement was not offensive on its face, but had an illegal, ulterior purpose, namely, to evade strictures of liquor control laws; court found agreement to be illegal as against public policy and refused to enforce it. 87 CA 235. Cited. 13 CS 206. Commission cannot stifle competition unless public welfare endangered. Id., 221. Cited. 14 CS 155. Court held date of filing as date application is approved for processing, not date received. 25 CS 195.