US Laws, Codes, Statutes & Cases

      Sec. 30-48a. Limitation on interest in retail permits. (a) No person, and no backer as defined in section 30-1, shall, except as hereinafter provided, acquire an interest in more than two alcoholic beverage retail permits, but nothing herein shall (1) require any such person who had, on June 8, 1981, such interest in more than two such permits to surrender, dispose of or release his interest in any such permit or permits nor shall it affect his right to continue to hold, use and renew such permits or (2) prohibit any such person who had, on June 8, 1981, such interest in more than two such permits from transferring his interest in such permits by inter vivos or testamentary disposition, including living trusts, to his spouse or child, or such spouse's or child's living trust or prohibit such spouse or child from accepting such a transfer notwithstanding that such spouse or child may already hold another permit issued under the provisions of this chapter. Any such permit so transferred may be renewed by such transferee under the provisions of section 30-14a. Except as provided in subdivision (1), a person shall be deemed to acquire an interest in a retail permit if an interest is owned by such person, such person's spouse, children, partners, or an estate, trust, or corporation controlled by such person or such person's spouse, children, or any combination thereof. The provisions of this subsection shall apply to any such interest without regard to whether such interest is a controlling interest. For the purposes of this subsection, "person" means (A) an individual, (B) a corporation or any subsidiary of a corporation or (C) any combination of corporations or individuals any of whom, or any combination of whom, owns or controls, directly or indirectly, more than five per cent of any entity which is a backer as defined in said section 30-1.

      (b) A retail permit for the purposes of subsection (a) of this section means a package store liquor permit or a druggist liquor permit.

      (c) Membership in any organization which is or may become the holder of a club permit shall not constitute acquisition of an interest in a retail permit.

      (d) Any person who violates any provision of this section or of any regulation issued pursuant hereto shall be fined not less than fifty dollars nor more than two hundred fifty dollars and any permit issued in violation of this section shall be revoked.

      (1963, P.A. 555, S. 1-4; P.A. 81-294, S. 8, 22; 81-367, S. 6, 9; P.A. 84-401; P.A. 96-86.)

      History: P.A. 81-294 amended Subsec. (a) by adding a definition of "person" and specifying when a person is deemed to acquire an interest in a retail permit; P.A. 81-367 eliminated reference in Subsec. (b) to package store beer permit and druggist beer permit as of May 29, 1981; P.A. 84-401 amended Subsec. (a) by adding Subdiv. (2) concerning transfer of liquor permits; P.A. 96-86 amended Subsec. (a) to permit the grandfathered permit holder to transfer his interest in such permit through living trusts to his spouse's or child's living trust.

      Since proof of injury is essential to attack on constitutionality of a statute, it was not sufficient for plaintiffs, in making such an attack, to show only that they were denied the purely personal privilege of a permit. 153 C. 247. Declaratory judgment determining statute to be unconstitutional on ground that its purpose was to benefit one segment of permit holders while restricting another segment overruled since all persons having an interest in the subject matter were not made parties or given reasonable notice thereof. Id., 249, 250.