(a)All alcoholic liquor which is intended by the owner or keeper thereof to be manufactured or sold in violation of law shall, together with the vessels in which such liquor is contained, be a nuisance and subject to confiscation by the Commissioner of Consumer Protection or the commissioner's authorized agent. The Department of Consumer Protection may dispose of any intoxicating liquor, acquired in connection with the administration of this chapter, by public or private sale in such manner and upon such terms as it deems practical and, in cases where sale is impracticable, by delivering such intoxicating liquor to any state institution which has use therefor. All proceeds from such sale shall be paid into the State Treasury to the credit of the General Fund.
(b)(1) If, during an inspect
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(a) All alcoholic liquor which is intended by the owner or keeper thereof to be manufactured or sold in violation of law shall, together with the vessels in which such liquor is contained, be a nuisance and subject to confiscation by the Commissioner of Consumer Protection or the commissioner's authorized agent. The Department of Consumer Protection may dispose of any intoxicating liquor, acquired in connection with the administration of this chapter, by public or private sale in such manner and upon such terms as it deems practical and, in cases where sale is impracticable, by delivering such intoxicating liquor to any state institution which has use therefor. All proceeds from such sale shall be paid into the State Treasury to the credit of the General Fund. (b) (1) If, during an inspection or investigation of a permittee, the Commissioner of Consumer Protection or the commissioner's authorized agent has probable cause to believe that the permittee is in possession of, or there exists on the permit premises, any item listed in subdivision (2) of this subsection, the commissioner or the commissioner's authorized agent may affix to such item a tag or other appropriate marking to indicate that such item is, or is suspected to be, in violation of this chapter and has been embargoed, provided the commissioner or the commissioner's authorized agent gives advance written notice to the permittee disclosing such violation, or suspected violation, and embargo. (2) Subject to the provisions of this subsection, the commissioner or the commissioner's authorized agent may embargo the following items if such items are discovered as part of an inspection or investigation described in subdivision (1) of this subsection: (A) Any unauthorized gambling device, illegitimate lottery ticket, or illegal gambling or bookmaking equipment; (B) Any driver's license or identification card that is used by any person, other than the person to whom such driver's license or identification card was issued, to unlawfully (i) enter, or attempt to enter, the permit premises, or (ii) purchase, or attempt to purchase, alcoholic liquor; (C) Any imitation of a driver's license or identification card that is used by any person to unlawfully (i) enter, or attempt to enter, the permit premises, or (ii) purchase, or attempt to purchase, alcoholic liquor; (D) Any drug, as defined in section 20-571 , that is offered or made available for sale by any person who is not authorized to offer such drug or make such drug available for sale; (E) Any high-THC hemp product, as defined in section 21a-240 ; (F) Any synthetic cannabinoid, as defined in section 21a-240 ; and (G) Any tobacco products that are sold without a stamp or by any person other than a dealer, as said terms are defined in section 12-285 . (3) No person shall remove or dispose of any embargoed item, by sale or otherwise, unless such person obtains advance written consent from the commissioner or the commissioner's authorized agent for such removal or disposal. (4) Not later than fifteen days after a permittee receives a written notice under subdivision (1) of this subsection, the permittee may submit to the department a written request for a hearing to remove the embargo. The commissioner shall cause such hearing to be held not later than forty-five days after the department receives the permittee's written request for a hearing, and such hearing shall be conducted pursuant to chapter 54. If the embargo is removed, neither the commissioner nor the state shall be held liable for any damages incurred for any injury sustained due to such embargo if the commissioner, the commissioner's designee or a court of competent jurisdiction finds that there was probable cause to impose such embargo. (c) (1) In addition to any embargo imposed under subsection (b) of this section, the Commissioner of Consumer Protection or the commissioner's authorized agent may confiscate the following items if such items are present on any permit premises: (A) Any driver's license or identification card that is used by any person, other than the person to whom such driver's license or identification card was issued, to unlawfully (i) enter, or attempt to enter, the permit premises, or (ii) purchase, or attempt to purchase, alcoholic liquor; and (B) Any imitation of a driver's license or identification card that is used by any person to unlawfully (i) enter, or attempt to enter, the permit premises, or (ii) purchase, or attempt to purchase, alcoholic liquor. (2) To effectuate any confiscation authorized under subdivision (1) of this subsection, the commissioner or commissioner's authorized agent shall provide to the permittee a written inventory of the items that the commissioner or the commissioner's authorized agent has confiscated, along with a narrative description of the basis for such confiscation. (3) Not later than two days after the commissioner or the commissioner's authorized agent completes any confiscation authorized under subdivision (1) of this subsection, the commissioner or the commissioner's authorized agent shall submit to the law enforcement agency having jurisdiction over the permit premises a written notice disclosing that such confiscation occurred. (4) Not later than fifteen days after the commissioner or the commissioner's authorized agent completes any confiscation authorized under subdivision (1) of this subsection, the permittee may submit to the department a written request for a hearing to revoke the confiscation. The commissioner shall cause such hearing to be held not later than forty-five days after the department receives the permittee's written request for a hearing, and such hearing shall be conducted pursuant to chapter 54. If the confiscation is revoked, neither the commissioner nor the state shall be held liable for any damages incurred for any injury sustained due to such confiscation if the commissioner, the commissioner's designee or a court of competent jurisdiction finds that there was probable cause to make such confiscation.
(1949 Rev., S. 4286; 1953, S. 2169d; 1959, P.A. 222, S. 2; P.A. 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 95-195, S. 75, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 24-142, S. 71.) History: 1959 act provided for payment of sale proceeds into general fund in lieu of inebriate fund, which was abolished; 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. 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; P.A. 95-195 substituted 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. 24-142 designated existing provisions as Subsec. (a) and added provision re confiscation and made a conforming change, and added Subsecs. (b) and (c) re embargo and confiscation, effective June 6, 2024. Section applies to all liquors intended to be sold illegally and to all suits for recovery of them. 49 C. 163. Whether liquors are kept with intent to sell illegally is wholly a question of fact. 52 C. 271. Cited. 110 C. 684. Finding of nuisance. 112 C. 173.