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Substitute House Bill No. 5624

PUBLIC ACT NO. 96-220

AN ACT CONCERNING FARM WINERIES, BREW PUBS, THE HOME BREWING OF BEER, PERMIT BACKERS AND SHELF-LIFE PRICING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (c) of section 30-16 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) A manufacturer permit for cider not exceeding six per cent alcohol by volume AND APPLE WINE NOT EXCEEDING FIFTEEN PER CENT ALCOHOL BY VOLUME shall allow the manufacture, storage, bottling and wholesale distribution and sale AT RETAIL of such cider AND APPLE WINE to permittees and nonpermittees in this state as may be permitted by law; but no such permit shall be issued unless the place or the plan of the place of manufacture has received the approval of the department. The annual fee for a manufacturer permit for cider shall be one hundred sixty dollars.

Sec. 2. Subsection (e) of section 30-16 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) A manufacturer permit for a farm winery shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to wine and brandies distilled from grape products or other fruit products, including grappa and eau-de-vie. As used in this section, "farm winery" means any place or premises, located on a farm in the state in which wine is manufactured and sold. Such permit shall authorize the sale in bulk by the holder thereof from the premises where the products are manufactured pursuant to such permit and shall authorize the holder thereof to sell from such farm winery premises to a retailer wine manufactured by the farm winery permittee in the original sealed containers of not more than fifteen gallons per container and to sell or deliver such wine or brandy to persons outside the state. Such permit shall also authorize [the] (1) THE offering and tasting of free samples of such wine or brandy to visitors and prospective retail customers for consumption on the premises of the farm winery permittee [and] (2) the selling at retail from the premises sealed bottles or other sealed containers of such wine or brandy for consumption off the premises AND (3) THE SELLING AT RETAIL FROM THE PREMISES WINE BY THE GLASS AND BOTTLE TO VISITORS ON THE PREMISES OF THE FARM WINERY PERMITTEE FOR CONSUMPTION ON THE PREMISES, provided a town may, by ordinance or zoning regulation, prohibit any such offering, tasting or selling at retail at premises within such town for which a manufacturer permit for farm winery has been issued. No licensed farm winery may sell any such wine or brandy not manufactured in such winery. The farm winery permittee shall produce within the state an average crop of fruit equal to not less than fifty-one per cent of the fruit used in the manufacture of the farm winery permittee's wine. An average crop shall be defined each year as the average yield of the farm winery permittee's two largest annual crops out of the preceding five years, except that during the first seven years from the date of issuance of a farm winery permit, an average crop shall be defined as three tons of grapes for each acre of vineyard farmed by the farm winery permittee. The annual fee for a manufacturer permit for a farm winery shall be two hundred forty dollars.

Sec. 3. Subsection (f) of section 30-16 of the general statutes, as amended by section 3 of public act 95-161, is repealed and the following is substituted in lieu thereof:

(f) A manufacturer permit for a brew pub shall allow the manufacture, storage and bottling of beer, and the retail sale of alcoholic liquor to be consumed on the premises with or without the sale of food, provided that the holder of a manufacturer permit for a brew pub produces at least five thousand gallons of beer on the premises annually. On and after July 1, 1995, [and until October 1, 1996,] such permit shall also authorize any person holding such permit on January 1, 1994, to engage in the retail sale of beer produced on the premises for personal consumption off the premises provided (1) such beer shall be dispensed into sealed containers not larger than two liters and (2) no permittee shall allow a person to purchase more than one container of such beer per day. The annual fee for a manufacturer permit for a brew pub shall be two hundred forty dollars.

Sec. 4. Section 30-77 of the general statutes, as amended by section 74 of public act 95-195, is repealed and the following is substituted in lieu thereof:

(a) Any person who, without a permit therefor, except as provided in section 30-37, AS AMENDED or contrary to the provisions of this chapter and the regulations of the Department of Consumer Protection with respect to the class of permit held by him, manufactures or, by sample, by soliciting or procuring orders, or otherwise, sells or delivers, or offers or exposes for sale or delivery, or owns or keeps with intent to sell or deliver, or who ships, transports or imports into this state, any alcoholic liquor, shall be subject to the penalties prescribed in section 30-113; provided nothing in this section shall prohibit any common carrier, warehouseman or other lien holder, or any officer acting under legal process, or any insurance company that acquires the same as the result of fire, flood or water damage, from exercising his or its right to sell alcoholic liquor under a lien or such process or such acquisition, with the permission of the department. The provisions of this section shall not apply to the delivery to a permittee under this chapter of alcoholic liquor which is legally authorized. The provisions of this section shall not apply to the shipment into this state of ethyl alcohol intended for use or used for scientific, mechanical and industrial uses, for use in hospitals and public institutions, for medicinal purposes in the manufacture of patented, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and industrial preparations or products not sold as a beverage for human consumption, nor to the shipment of wine to be used in the manufacture of patented, proprietary or pharmaceutical preparations or products or in the manufacture of fruit preserves. No such shipment shall be made except with the approval of the department and only in such manner as the department prescribes. The department shall notify the Commissioner of Revenue Services of the approval of any such shipment.

(b) THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A PERSON, OTHER THAN A MINOR, FROM PRODUCING BEER FOR PERSONAL OR FAMILY USE ONLY, IN THE FOLLOWING AMOUNTS: (1) ONE HUNDRED GALLONS OR LESS IN ONE CALENDAR YEAR IF THERE ARE TWO PERSONS WHO HAVE ATTAINED THE AGE OF TWENTY-ONE RESIDING IN THE HOUSEHOLD; AND (2) FIFTY GALLONS OR LESS IN ONE CALENDAR YEAR IF THERE IS ONLY ONE PERSON WHO HAS ATTAINED THE AGE OF TWENTY-ONE RESIDING IN THE HOUSEHOLD. SUCH BEER MAY BE TRANSPORTED IN SEALED CONTAINERS FOR USE AT ORGANIZED AFFAIRS INCLUDING BEER EXHIBITIONS, CONTESTS OR COMPETITIONS. SUCH BEER SHALL NOT BE SOLD OR OFFERED FOR SALE.

Sec. 5. Subsection (a) of section 30-48 of the general statutes, as amended by section 5 of public act 95-161 and section 51 of public act 95-195, is repealed and the following is substituted in lieu thereof:

(a) No backer or permittee of one class shall be a backer or permittee of any other class except in the case of any class of airport, railroad, airline and boat permits, except that: A backer of a hotel or restaurant permit may be a backer in both such classes and a backer of a restaurant or cafe permit may be a backer of both such classes; a holder or backer of a restaurant permit may be a holder or backer of a bowling establishment permit; a backer of a restaurant permit may be a backer of a coliseum permit or a coliseum concession permit, or both, when such restaurant is within a coliseum; a backer of a hotel permit may be a backer of a coliseum permit or a coliseum concession permit, or both; a backer of a coliseum permit may be a backer of a coliseum concession permit; a backer of a coliseum concession permit may be a backer of a coliseum permit; A BACKER OF A GROCERY STORE BEER PERMIT MAY BE A BACKER OF A PACKAGE STORE PERMIT IF SUCH WAS THE CASE ON OR BEFORE MAY 1, 1996 a backer of a university permit may be a backer of a nonprofit theater permit; subject to the discretion of the Department of Consumer Protection, a backer of a permit provided for in section 30-33b, may be a backer of any other retail on-premise consumption permit, including those permits provided for in said section 30-33b; and a holder or backer of a restaurant permit may be a holder or backer of a special outing facility permit. Any person may be a permittee of more than one permit; and a person may be a permittee under a permit provided for in said section 30-33b, and a backer of any other retail on-premise consumption permit, including those permits provided for in said section 30-33b. The operator of a racing or jai alai exhibition with pari-mutuel betting licensed by the Gaming Policy Board may be a backer of any permit provided for in said section 30-33b.

Sec. 6. (NEW) The provisions of section 21a-78 of the general statutes shall not apply to the price of any food offered or displayed for sale or sold at retail on and after the effective date of this act and prior to June 1, 1997. The Department of Consumer Protection shall, within existing appropriations, monitor the number of consumer complaints regarding the fluctuation of food prices related to the nonapplication of section 21a-78 of the general statutes to such sales.

Sec. 7. This act shall take effect from its passage.

Approved June 4, 1996. Effective June 4, 1996.

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