2005 Connecticut Code - Sec. 30-46. Discretionary suspension, revocation or refusal of permit; location or character of premises; other grounds.
Sec. 30-46. Discretionary suspension, revocation or refusal of permit; location
or character of premises; other grounds. (a) The Department of Consumer Protection
may, except as to a store engaged chiefly in the sale of groceries, in its discretion,
suspend, revoke or refuse to grant or renew a permit for the sale of alcoholic liquor if
it has reasonable cause to believe: (1) That the proximity of the permit premises will have
a detrimental effect upon any church, public or parochial school, convent, charitable
institution, whether supported by private or public funds, hospital or veterans' home or
any camp, barracks or flying field of the armed forces; (2) that such location is in such
proximity to a no-permit town that it is apparent that the applicant is seeking to obtain
the patronage of such town; (3) that the number of permit premises in the locality is
such that the granting of a permit is detrimental to the public interest, and, in reaching
a conclusion in this respect, the department may consider the character of, the population
of, the number of like permits and number of all permits existent in, the particular town
and the immediate neighborhood concerned, the effect which a new permit may have
on such town or neighborhood or on like permits existent in such town or neighborhood;
(4) that the place has been conducted as a lewd or disorderly establishment; (5) that the
backer does not have a right to occupy the permit premises; (6) that drive-up sales of
alcoholic liquor are being made at the permit premises; or (7) that there is any other
reason as provided by state or federal law or regulation which warrants such refusal.
(c) Alcoholic liquor may be sold at retail for consumption within a special sporting facility only under the permits provided for in section 30-33b. The number of permits of any class, the location where alcoholic liquor is to be sold under any such permit, the number of locations to be operated under a special sporting facility concession permit, and the areas within such facility where alcoholic liquor may be consumed shall be determined by the Department of Consumer Protection in its discretion.
(1949 Rev., S. 4263; P.A. 73-533, S. 11; P.A. 74-307, S. 3, 8; 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. 49, 83; P.A. 97-175, S. 5; P.A. 98-236, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: P.A. 73-533 added Subsecs. (6) and (7), codified as Subsec. (b), re applicability of provisions with regard to coliseum and coliseum concession permits; P.A. 74-307 added new Subsec. (c) re sales of alcoholic liquor in special sporting facilities; 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 amended Subsecs. (a) and (c) by substituting Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 97-175 amended Subsec. (a) by adding suspension, revocation or refusal to renew a permit in the department's discretion, adding new Subdiv. (5) re right to occupy permit premises, renumbering former Subdiv. (5) as Subdiv. (6) and making a technical change, and amended Subsec. (b) by adding reference to Subdiv. (6) of Subsec. (a); P.A. 98-236 amended Subsec. (a) by adding new Subdiv. (6) re drive-up sales and redesignating existing Subdiv. (6) as Subdiv. (7); 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.
This section constitutional. 133 C. 556. Unsuitability of place not restricted to plot or structure. Id., 562. In determining number of outlets, commission may draw the line somewhere; and if it does so on sufficient evidence, its action not arbitrary or illegal. Id., 562; 134 C. 144. Cited. 134 C. 292. The fact that commission had previously found premises suitable for a permit did not prevent it from later finding them unsuitable. 135 C. 713. Permit does not attach as a right to any particular location; it is purely personal privilege. 137 C. 20. Provides for discretionary refusal of permits by the liquor control commission. 142 C. 569. Permit refused where venture found probably not profitable. 144 C. 550. In an action for an injunction restraining the defendant from using certain premises for the sale of liquor because of its proximity to a prior liquor outlet, the validity of the permit of such prior liquor outlet cannot be collaterally attacked. 148 C. 412. Denial of permit in area where allowable and where there were no other outlets within two miles held an abuse of discretion. 151 C. 362. Barini case, 146 C. 416, distinguished. Id. Determination of factual matters and a liberal discretion in determining the suitability of the location of proposed liquor-permit premises, powers vested in liquor control commission. 164 C. 537, 538.
Cited. 41 CA 83, 89.
Cited. 5 CS 207. Where the commission reasoned that the "granting of another permit in this locale would be detrimental to the public interest", it was held to be an abuse of discretion. 14 CS 155. If club's or association's charter prohibited intoxicating liquor, commission cannot grant permit. 15 CS 69. Cited. 16 CS 301.
Subsec. (a):
Subdiv. (3): Section rests liberal discretion in commission to determine suitability of location of proposed liquor-permit premises. 175 C. 295, 297. Court cannot substitute its discretion for that of the commission. Id., 409-412.
Subdiv. (3) cited. 41 CA 83, 84, 86, 87, 89.
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