Conn. Gen. Stat. § 30-48

Current with legislation from the 2024 Regular and Special Sessions.

Section 30-48 - Limitations of permits; exceptions. Loans. Period of credit. Resolution of credit disputes. Relationship of permittee to backer

(a) No backer or permittee of one permit class shall be a backer or permittee of any other permit class except in the case of airline permits issued under section 30-28a, boats operating under in-state transporter's permits issued under section 30-19f, and cafe permits issued under subsections (d) and (h) of section 30-22a, except that:

(1) A backer of a hotel permit issued under section 30-21 or a restaurant permit issued under section 30-22 may be a backer of both such classes;

(2) a holder or backer of a restaurant permit issued under section 30-22 , a cafe permit issued under subsection (a) of section 30-22a or a cafe permit for wine, beer and cider issued under section 2 of this act may be a holder or backer of any other or all of such classes;

(3) a holder or backer of a restaurant permit issued under section 30-22 may be a holder or backer of a cafe permit issued under subsection (f) of section 30-22a;

(4) a backer of a restaurant permit issued under section 30-22 may be a backer of a coliseum permit issued under section 30-33a when such restaurant is within a coliseum;

(5) a backer of a hotel permit issued under section 30-21 may be a backer of a coliseum permit issued under section 30-33a;

(6) a backer of a grocery store beer permit issued under subsection (c) of section 30-20 may be (A) a backer of a package store permit issued under subsection (b) of section 30-20 if such was the case on or before May 1, 1996, and (B) a backer of a restaurant permit issued under section 30-22, provided the restaurant permit premises do not abut or share the same space as the grocery store beer permit premises;

(7) a backer of a cafe permit issued under subsection (j) of section 30-22a, may be a backer of a nonprofit theater permit issued under section 30-35a;

(8) a backer of a nonprofit theater permit issued under section 30-35a may be a holder or backer of a hotel permit issued under section 30-21 or a coliseum permit issued under section 30-33a;

(9) a backer of a concession permit issued under section 30-33 may be a backer of a coliseum permit issued under section 30-33a;

(10) a holder of an out-of-state winery shipper's permit for wine issued under section 30-18a may be a holder of an in-state transporter's permit issued under section 30-19f;

(11) a holder of an out-of-state shipper's permit for alcoholic liquor issued under section 30-18 or an out-of-state winery shipper's permit for wine issued under section 30-18a may be a holder of an in-state transporter's permit issued under section 30-19f;

(12) a holder of a manufacturer permit for a farm winery issued under subsection (c) of section 30-16 or a manufacturer permit for wine, cider and mead issued under subsection (d) of section 30-16 may be a holder of an in-state transporter's permit issued under section 30-19f, an off-site farm winery sales and tasting permit issued under section 30-16a or any combination of such permits;

(13) the holder of a manufacturer permit for spirits, beer, a farm winery or wine, cider and mead, issued under subsection (a), (b), (c) or (d), respectively, of section 30-16 may be a holder of a Connecticut craft cafe permit issued under section 30-22d, a restaurant permit or a restaurant permit for wine and beer issued under section 30-22 or a farmers' market sales permit issued under section 30-37o;

(14) the holder of a restaurant permit issued under section 30-22, a cafe permit issued under section 30-22a, a cafe permit for wine, beer and cider issued under section 2 of this act or an in-state transporter's permit issued under section 30-19f may be the holder of a seasonal outdoor open-air permit issued under section 30-22e or an outdoor open-air permit issued under section 30-22f;

(15) the holder of a festival permit issued under section 30-37t may be the holder or backer of one or more of such other classes;

(16) the holder of an out-of-state shipper's permit for alcoholic liquor other than beer issued under section 30-18, an out-of-state winery shipper's permit for wine issued under section 30-18a or an out-of-state shipper's permit for beer issued under section 30-19 may be the holder of an out-of-state retailer shipper's permit for wine issued under section 30-18a; and

(17) the holder of a restaurant permit issued under section 30-22 may be a holder of a Connecticut craft cafe permit issued under section 30-22d, provided the permit premises are located at two different addresses. Any person may be a permittee of more than one permit. No holder of a manufacturer permit for beer issued under subsection (b) of section 30-16 and no spouse or child of such holder may be a holder or backer of more than three restaurant permits issued under section 30-22 , cafe permits issued under section 30-22a or cafe permits for wine, beer and cider issued under section 2 of this act.

(b) No permittee or backer thereof and no employee or agent of such permittee or backer shall borrow money or receive credit in any form for a period in excess of thirty days, directly or indirectly, from any manufacturer permittee, or backer thereof, or from any wholesaler permittee, or backer thereof, of alcoholic liquor or from any member of the family of such manufacturer permittee or backer thereof or from any stockholder in a corporation manufacturing or wholesaling such liquor, and no manufacturer permittee or backer thereof or wholesaler permittee or backer thereof or member of the family of either of such permittees or of any such backer, and no stockholder of a corporation manufacturing or wholesaling such liquor shall lend money or otherwise extend credit, directly or indirectly, to any such permittee or backer thereof or to the employee or agent of any such permittee or backer. A wholesaler permittee or backer, or a manufacturer permittee or backer, that has not received payment in full from a retailer permittee or backer within thirty days after the date such credit was extended to such retailer or backer or to an employee or agent of any such retailer or backer, shall give a written notice of obligation to such retailer within the five days following the expiration of the thirty-day period of credit. The notice of obligation shall state: The amount due; the date credit was extended; the date the thirty-day period ended; and that the retailer is in violation of this section. A retailer who disputes the accuracy of the "notice of obligation" shall, within the ten days following the expiration of the thirty-day period of credit, give a written response to notice of obligation to the department and give a copy to the wholesaler or manufacturer who sent the notice. The response shall state the retailer's basis for dispute and the amount, if any, admitted to be owed for more than thirty days; the copy forwarded to the wholesaler or manufacturer shall be accompanied by the amount admitted to be due, if any, and such payment shall be made and received without prejudice to the rights of either party in any civil action. Upon receipt of the retailer's response, the chairman of the commission or such chairman's designee shall conduct an informal hearing with the parties being given equal opportunity to appear and be heard. If the chairman or such chairman's designee determines that the notice of obligation is accurate, the department shall forthwith issue an order directing the wholesaler or manufacturer to promptly give all manufacturers and wholesalers engaged in the business of selling alcoholic liquor to retailers in this state, a "notice of delinquency". The notice of delinquency shall identify the delinquent retailer, and state the amount due and the date of the expiration of the thirty-day credit period. No wholesaler or manufacturer receiving a notice of delinquency shall extend credit by the sale of alcoholic liquor or otherwise to such delinquent retailer until after the manufacturer or wholesaler has received a "notice of satisfaction" from the sender of the notice of delinquency. If the chairman or such chairman's designee determines that the notice of obligation is inaccurate, the department shall forthwith issue an order prohibiting a notice of delinquency. The party for whom the determination by the chairman or such chairman's designee was adverse, shall promptly pay to the department a part of the cost of the proceedings as determined by the chairman or such chairman's designee, which shall not be less than fifty dollars. The department may suspend or revoke the permit of any permittee who, in bad faith, gives an incorrect notice of obligation, an incorrect response to notice of obligation, or an unauthorized notice of delinquency. If the department does not receive a response to the notice of obligation within such ten-day period, the delinquency shall be deemed to be admitted and the wholesaler or manufacturer who sent the notice of obligation shall, within the three days following the expiration of such ten-day period, give a notice of delinquency to the department and to all wholesalers and manufacturers engaged in the business of selling alcoholic liquor to retailers in this state. A notice of delinquency identifying a retailer who does not file a response within such ten-day period shall have the same effect as a notice of delinquency given by order of the chairman or such chairman's designee. A wholesaler permittee or manufacturer permittee that has given a notice of delinquency and that receives full payment for the credit extended, shall, within three days after the date of full payment, give a notice of satisfaction to the department and to all wholesalers and manufacturers to whom a notice of delinquency was sent. The prohibition against extension of credit to such retailer shall be void upon such full payment. The department may revoke or suspend any permit for a violation of this section. An appeal from an order of revocation or suspension issued in accordance with this section may be taken in accordance with section 30-60.

(c) If there is a proposed change or change in ownership of a retail permit premises, no application for a permit shall be approved until the applicant files with the department an affidavit executed by the seller of the retail permit premises stating that all obligations of the predecessor permittee for the purchase of alcoholic liquor at such permit premises have been paid or that such applicant did not receive direct or indirect consideration from the predecessor permittee. The commissioner may waive the requirement of such seller's affidavit upon finding that (1) the predecessor permittee abandoned the premises prior to the filing of the application, and (2) such permittee did not receive any consideration, direct or indirect, for such permittee's abandonment. For the purposes of this subsection, "consideration" means the receipt of legal tender or goods or services for the purchase of alcoholic liquor remaining on the premises of the predecessor permittee, for which bills remain unpaid.

(d) A permittee may file a designation of an authorized agent with the department to issue or receive all notices or documents provided for in this section. The permittee shall be responsible for the issuance or receipt of such notices or documents by the agent.

(e) The period of credit permitted under this section shall be calculated as the time elapsing between the date of receipt of the alcoholic liquors by the purchaser and the date of full legal discharge of the purchaser through the payment of cash or its equivalent from all indebtedness arising from the transaction except that, if the last day for payment falls on a Saturday, Sunday or legal holiday, the last day for payment shall then be the next business day.

(f) A permittee shall be a director, employee, member, officer, partner or shareholder of the backer. For the purposes of this subsection, "employee" means an individual whose (1) manner and means of work performance are subject to the right of control of, or are controlled by, the backer, and (2) compensation is reported, or required to be reported, on a federal Form W-2 issued by, or caused to be issued by, the backer.

Conn. Gen. Stat. § 30-48

(1949, Rev., S. 4266; 1969, P.A. 150, S. 1; 1972, P.A. 143; P.A. 73-533, S. 6; 73-543, S. 9, 14; P.A. 74-307, S. 9; P.A. 75-598, S. 4; 75-641, S. 13; P.A. 77-132, S. 1, 2; 77-614, S. 165, 587, 610; P.A. 78-303, S. 80, 85, 136; P.A. 79-404, S. 41, 45; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 82-32, S. 1, 2; 82-332, S. 5, 13; P.A. 84-494, S. 8, 11; P.A. 85-380, S. 3, 12; P.A. 93-139 , S. 51 ; P.A. 95-161 , S. 5 ; 95-195 , S. 51 , 83 ; P.A. 96-7 , S. 3 , 5 ; 96-220 , S. 5 , 7 ; P.A. 97-66 ; P.A. 98-164 , S. 1 ; P.A. 03-34 , S. 1 ; P.A. 04-9 , S. 2 ; 04-31 , S. 1 ; P.A. 05-274 , S. 5 ; P.A. 09-47 , S. 5 ; P.A. 11-164 , S. 4 ; P.A. 13-299 , S. 85 ; P.A. 14-189 , S. 2 ; P.A. 15-30 , S. 1 ; P.A. 17-160 , S. 4 .)

Amended by P.A. 24-0085,S. 11 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.

Amended by P.A. 24-0142,S. 64 of the Connecticut Acts of the 2024 Regular Session, eff. 6/6/2024.

Amended by P.A. 23-0050, S. 20 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.

Amended by P.A. 23-0050, S. 19 of the Connecticut Acts of the 2023 Regular Session, eff. 6/13/2023.

Amended by P.A. 22-0070, S. 13 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.

Amended by P.A. 22-0104, S. 19 of the Connecticut Acts of the 2022 Regular Session, eff. 5/24/2022.

Amended by P.A. 22-0056, S. 4 of the Connecticut Acts of the 2022 Regular Session, eff. 5/23/2022.

Amended by P.A. 21-0050, S. 8 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.

Amended by P.A. 21-0037, S. 68 of the Connecticut Acts of the 2021 Regular Session, eff. 6/4/2021.

Amended by P.A. 19-0024, S. 16 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2020.

Amended by P.A. 17-0160, S. 4 of the Connecticut Acts of the 2017 Regular Session, eff. 7/7/2017.

Amended by P.A. 15-0030, S. 1 of the Connecticut Acts of the 2015 Regular Session, eff. 6/4/2015.

Amended by P.A. 14-0189, S. 2 of the Connecticut Acts of the 2014 Regular Session, eff. 7/1/2014.

Statute aimed at "tied house". 128 C. 162 ; 132 C. 152 . Revocation mandatory in case of violation. 128 Conn. 163 . Designed to place definite restrictions upon nonpermittees as well as permittees and, read together with Sec. 30-113 , provides a penalty against stockholder in brewing company. Id., 164. Not so indefinite or discriminatory as to violate due process. Id., 165. Includes extension of credit by notes which are to run after permits are granted. Id., 168. Backer could not be held as a matter of law to have such control of corporation as to justify disregarding corporate entities. 132 C. 155 . Refusal based on suspicion that owner of another class would have an interest. Id., 426. Holder of out-of-state shipper's permit for beer only properly denied wholesaler beer permit. 134 C. 556 . This is a constitutional exercise of the police power and not discrimination between residents and nonresidents. 138 Conn. 669 . Cited. 148 Conn. 652 ; 156 Conn. 287 ; 175 Conn. 279 ; 226 Conn. 418 . Denial of wholesaler permit because members of applicant's family who were partners, backers or permittees would have an interest in the permit was overruled. 13 CS 248 .