§ 30-6a — Adoption of regulations.

Connecticut § 30-6a

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

Text

(a) The Department of Consumer Protection may adopt in accordance with the provisions of chapter 54 all necessary regulations, subject to the provisions of subsections (b) to (e), inclusive, of this section, to: (1) Carry out, enforce and prevent violation of the provisions of this chapter; (2) inspect permit premises; (3) ensure sanitary conditions; (4) ensure proper, safe and orderly conduct of permit premises; and (5) protect the public against fraud or overcharge. (b) More specifically, with respect to part V of this chapter, the Department of Consumer Protection may adopt in accordance with the provisions of chapter 54 regulations that are necessary to: (1) Carry out the purposes of section 30-64 and prevent the circumvention thereof by the offering or giving of any rebate, allowance, free goods, discount or any other thing or service of value; (2) permit the withdrawal of, an addition to, a deletion from or an amendment of any schedule, or a modification of prices therein, when not inconsistent with the purposes of section 30-64 , whenever necessary to avoid practical difficulties or unnecessary hardships to any permittee affected by section 30-64 or because of acts or circumstances beyond the control of such permittee and under such terms and conditions as are necessary to carry out the purposes of section 30-64 ; (3) permit the sale by a retailer of a brand of alcoholic liquor or wine for which a schedule of suggested consumer resale prices has not been and cannot be filed, whenever necessary to avoid practical difficulties or unnecessary hardships to any permittee affected by section 30-64 or because of acts or circumstances beyond the control of such permittee, and under such terms and conditions as are necessary to carry out the purposes of section 30-64 ; (4) subject to the provisions of section 30-63e , permit the closeout of a brand for the purpose of discontinuing its sale, under such terms and conditions as are necessary to carry out the purposes of section 30-64 ; (5) carry out the purposes of sections 30-68k to 30-68m , inclusive, and section 30-76a and prevent their circumvention; (6) on verified application, and for good cause shown, permit any adjustment or change of any item on the schedule required to be filed under sections 30-63 and 30-64 ; and (7) permit the sale at a price which is less than cost by a supplier, wholesaler or retailer for any item of alcoholic liquor, except beer, that is damaged or deteriorated in quality, or, subject to the provisions of section 30-63f , permit the closeout of a brand or size for the purpose of discontinuing its sale, under such terms and conditions as are necessary to carry out the purposes of sections 30-68k to 30-68m , inclusive, and section 30-76a . (c) Not later than October 1, 2021, the Department of Consumer Protection shall amend such regulations, in accordance with the provisions of chapter 54, to: (1) Allow for the use of self-pour automated systems by permittees and employees of permittees for the dispensing of beer, cider not exceeding six per cent alcohol by volume and wine pursuant to section 30-62d ; (2) ensure that such beer, cider and wine is not initially dispensed from any such system in servings of more than thirty-two ounces of beer or cider not exceeding six per cent alcohol by volume, or ten ounces of wine, to any one person for such person's own consumption at any one time; and (3) ensure that second and subsequent servings of such beer, cider and wine from any such system is allowed only after the first serving has been substantially disposed of or consumed by such person. (d) Not later than October 1, 2023, the Department of Consumer Protection shall amend such regulations, in accordance with the provisions of chapter 54, to provide that: (1) Beer or wine pipe lines and barrel tubes used to dispense alcoholic beverages in places where such dispensing is carried on shall be cleaned, at least once every two weeks, by the use of a hydraulic pressure mechanism, hand pump suction, a force cleaner or any other system approved by the department for such purpose; and (2) after cleaning such lines or tubes, such lines or tubes shall be rinsed with clear water until all chemicals used to clean such lines or tubes, if chemicals were used to clean such lines or tubes, are removed from such lines or tubes. (e) The department shall not adopt any regulation: (1) Requiring prior approval of alterations or changes in the interior or exterior of permit premises; (2) requiring prior approval for live entertainment or the installation of amusement devices or games; (3) requiring registration of employees or agents of permittees; (4) requiring the presence of retail permittees on permit premises during hours of sale or prohibiting employment of such permittees in another occupation or business except as provided in section 30-45 ; (5) establishing a mandated minimum price above which a permittee must sell; or (6) requiring effective separation for restaurants and cafes.

Legislative History

(P.A. 93-139, S. 4; P.A. 95-195, S. 14, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 19-24, S. 25; P.A. 21-50, S. 6; P.A. 23-50, S. 7.) History: P.A. 95-195 amended Subsecs. (a) and (b) by substituting Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; 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. 19-24 amended Subsec. (c) by adding Subdiv. (6) re effective separation for restaurants and cafes and made technical changes, effective July 1, 2020; P.A. 21-50 added Subsec. (c) re requiring amended regulations to authorize self-pour automated systems for dispensing of beer, cider and wine and redesignated existing Subsec. (c) as Subsec. (d), effective June 16, 2021; P.A. 23-50 amended Subsec. (a) by substituting reference to Subsecs. (b) to (e) for reference to Subsec. (c), added new Subsec. (d) re cleaning of beer and wine pipe lines and barrel tubes, redesignated existing Subsec. (d) as Subsec. (e), and made technical and conforming changes in Subsecs. (a) to (c).