2005 Connecticut Code - Sec. 30-52. Permit to specify location and revocability. Removal to another location.
Sec. 30-52. Permit to specify location and revocability. Removal to another
location. (a) Every permit for the sale of alcoholic liquor shall specify the town and the
particular building or place in such town in which such liquor is to be sold, and shall
not authorize any sale in any other place or building. Such permit shall also be made
revocable in terms for any violation of any of the provisions of this chapter. Notwithstanding the existence of any local zoning ordinance or general statute prohibiting or
affecting the establishment or removal to a new location of an alcoholic liquor use within
certain specified distances of other alcoholic liquor uses of the same or different kinds,
the Department of Consumer Protection, in cases of hardship and in cases caused by
reason of the commencement of an eviction action against such permittee from the
particular building or place in such town specified in such permit, may endorse upon
such permit permission to the permittee to remove from one building or place in any
zone to another building or place in a proper business or industrial zone, and the permittee
shall thereupon be authorized to remove to such new location with such permit. The
applicant for such permission shall specify the building or place to which he wishes to
remove, and such new location shall comply with all other provisions of the local zoning
ordinances or general statutes except as hereinbefore provided; and such permittee shall
be allowed to move such permit premises only within a radius of seven hundred fifty
feet of the old permit premises. The removal of the permit premises from the particular
building or place specified in the permit without the approval of the department shall
be grounds for the suspension or revocation of the permit. In such cases an appeal from
an order refusing permission to remove may be taken in accordance with the provisions
of section 30-60. If the site of any permit premises is taken or threatened to be taken in the
exercise of the power of eminent domain, the department may authorize the relocation of
such permit premises to a new location, any local ordinance or general statute notwithstanding, provided such new location is zoned for business use and is within a radius
of seven hundred fifty feet from the point, on the boundary of the overall site of the
proposed taking, nearest to the site of such permit premises.
(c) Any action taken by the department authorizing the removal of such permit premises prior to June 27, 1985, is hereby validated.
(1949 Rev., S. 4269; 1955, S. 2164d; 1961, P.A. 468; February, 1965, P.A. 177; P.A. 75-641, S. 15; 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. 85-361, S. 2, 3; P.A. 88-78, S. 1, 2; P.A. 93-139, S. 53; P.A. 95-195, S. 53, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: 1961 act changed the area limitation for relocation where the site of the permit premises is taken by eminent domain and broadened the bases for granting permission to move premises; 1965 act changed area limitation for relocation to new premises from five hundred feet to seven hundred fifty feet from old permit premises; P.A. 75-641 replaced previous provision stating that "the law concerning appeals from commission's doings shall apply" to cases of "refusal of permission to remove" with provision specifying that appeals may be taken in accordance with Sec. 30-60; 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. 85-361 added Subsec. (b) which allowed the removal of permit premises and Subsec. (c) which validated the actions of the department of liquor control in allowing the removal of such premises; P.A. 88-78 amended Subsec. (b) concerning the removal of permit premises to other towns; P.A. 93-139 made technical changes; P.A. 95-195 amended Subsec. (a) by substituting 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.
Cited. 127 C. 722; 137 C. 23. Cited. 150 C. 427; 153 C. 314. In order to receive injunctive relief taxpayers must allege and prove irreparable injury not mere aggrievement. 151 C. 414. Constitutionality upheld. Id. Plaintiff's appeal sustained where defendant board granted variance without stating reasons for permitting liquor store within fifteen hundred feet of fifteen other liquor stores contrary to Bridgeport zoning regulations. 155 C. 500. Regulations of town zoning authority may adopt more liberal standard where hardship, such as redevelopment taking of existing locations, exists. 156 C. 287. Cited. 163 C. 240. Cited. 189 C. 153-160. Cited. 191 C. 528, 541.
Cited. 2 CA 628-635. Cited. 5 CA 432. Cited. 8 CA 12, 13.
Violation must be affirmatively established. 4 CS 350. Cited. 5 CS 418; 16 CS 355.
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