General Law Committee
JOINT FAVORABLE REPORT
Bill No.: HB-5330
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S
Title: RECOMMENDATIONS REGARDING THE LIQUOR CONTROL ACT.
Vote Date: 3/15/2022
Vote Action: Joint Favorable Substitute
PH Date: 3/8/2022
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
General Law Committee
REASONS FOR BILL:
The Liquor Control Act (LCA) has had many changes and updates made to it over the last
few years, with these changes and updates the DCP requested this bill. This bill will again
update the LCA to adjust to the changes in the industry and state legislation. Just to name a
few of the items in this bill it clarifies, adds and changes definitions, changes the case price
for bottles, explains the necessary changes for new and renewal permits, prohibits any minor
from being employed in handling liquor, but will allow for a minor to remain on certain
premises while waiting for, and consuming food that is made on the premises, as well as
many other technical changes. By making these changes the DCP believes the bill will make
it easier for lawmakers, regulators and industry stakeholders to navigate the LCA.
Proposed Substitute Language
HB5330 has become a DCP bill that encompasses the following bills that were brought
before the General Law Committee HB5328, HB5149, HB5150.
Most of the bill will become effective from passage. There are some sections and provisions
that will become effective date was July 1, 2022.
Section 1: [(6) (A)] (7) changes in case price. Number of bottles, size of bottles, etc.
Section 2: Is new. It defines religious organization and sacramental wine. Gives explanation
of religious wine retailer permit and requirements.
Section 3: (a) lines 170 to 187 in-state transporters permit.
Lines 188 to 201 (b) out of state transporter permit.
Lines 202 to 215 (c) in state transporter: signers for shipments must be 21 years of age. Do
not ship to an address that prohibits where the sale of alcohol is prohibited.
Section 4: lines 219 to 227 definition of grocery store
Lines 288-319 grocery store permit requirements and curbside pick up lines 308 to 319
Section 5: changed from the raised bill. Proximity to churches, the number of stores allowed
is determined by this section.
Section 6 was section 5 in raised bill
Section 7 was revised.
Section 8 was section 6 on the raised bill. Line 438 now reads "of any airport"
Section 9 was Section 7 no changes
Section 11 was Section 9 of raised bill. Line 610 to 611 as amended by this act was added
Section 12 was Section 10, Section 13 was Section 11, Section 14 was Section 12, Section
15 was Section 13
Section 16 was Section 14 Line 703 "added as amended by this act"
Section 17 was Section 15 on the raised bill, Line 805 "as amended by" was added
Section 18 was Section 16 on raised bill. Line 842 "as amended by" was added
Section 19 was Section 17 on raised bill. Line 851 "as amended by" was added
Section 20 was Section 18 on raised bill
Section 21 was Section 19 on raised bill Line 937 "as amended by"
Section 22 was Section 20 on raised bill
Section 23 was Section 21 on raised bill Line 1010 added "or religious wine retailer permits
issued under Section 2 of this act." Line 1015 added "and religious wine retailer permit."
Line 1022 added Connecticut
Section 24 was Section 22, Section 25 was Section 23, Section 26 was Section 24
Section 27 is a new section, Section28 was Section 25, Section 29 was Section 26,
Section 30 added the word "pharmacy", Line 1241 "flavoring agent"
Section 32 addresses long-term care pharmacy and dispensing machines and associated
software.
Section 33, new: regarding schedule II, controlled drugs
Section 34 new: defines drugs, controlled drugs medical devices and the regulation and
classifications.
Section 35 new: section this section defines and addresses consumer commodity and unit of
consumer commodity. Definition of carbonated soft drink container. Electronic pricing
system, electronic shelf labeling system, end cap display, and universal product coding are
defined and regulations of such.
Section 36 new: section continued regulations of consumer commodities.
Section 37 new: section definition of Agent, Charge card, credit card, debit card, person,
surcharge, and transaction as it applies to the bill.
Section 38 new: added contractors residential and regulations
Section 39 new: This section of the bill addresses fuel, home heating fuel, gas lines, dealers
of heating fuel, what a lessee and a lessor is regarding leasing, automatic delivery, purchase
price,
Section 40 new: consumer complaints and the requirements of the heating fuel dealer and
what must be done while the complaint is being mediated and investigated.
Section 41 New: This section regulates budget plans, capped price plan, contracts and price
plans.
Section 42 New: Requirements of a heating fuel dealer when plumbing and heating work is
performed by them.
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Section 43 New: Regulations required for continuing education for electricians and plumbers.
What is approved as continuing education such as class size, how many attendees, etc.
Section 44 New: Regulates appraisals and appraisal companies and what is required.
Section 45 New: Requirements and regulations regarding homemaker-companion services.
The definition of what a homemaker-companion service is, background checks. A
homemaker-companion service is not considered a home health aide agency.
Section 46 New: Regulates who can and who cannot be power of attorney for someone who
is receiving home-companion services.
Section 47 New: Addresses the agreement/contract between a contractor and an owner of a
private residence, including emergency and immediate repairs.
Section 48 New: Covenant not to compete. Any covenant not to compete in the homemaker,
companion or home health services is against public policy and shall be void and not
enforceable.
Section 49 New: Continuing Education renewal and timeline requirements and change for
CPA's.
Section 50 New: Bakery, food manufacturing establishment, food warehouse, packaged food
is defined.
Section 51 New: Requirements for the design, construction, and operation directed by the
DCP for bakeries, food manufacturing establishments, and food warehouses. Vehicles used
in the transportation of food items shall be kept sanitary, etc. also addresses zoning
requirements and licenses that maybe required.
Section 52 New: The commissioner of DCP can from time to time after an inquiry or public
hearing adopt and promulgate regulations to supplement and give full effect of provisions in
sections 21a-151, to [21a-160]. These can address sanitary requirements, restrictions of
dangerous, harmful and unwholesome bread or pastry.
Section 53 New: Fines and class D misdemeanor for failing to comply with an order of the
DCP.
Section 54 New: packaging, labeling and sale of honey and maple syrup produced in
Connecticut shall be under licensing, inspection and enforcement authority of Commissioner
of Agriculture and the commissioners authorized agents.
RESPONSE FROM ADMINISTRATION/AGENCY:
Michelle Seagull, Commissioner of Department of Consumer Protection, State of
Connecticut
DCP has requested this bill which makes numerous minor and technical revisions to the
Liquor Control Act (LCA). Public Act 19-24 made significant changes to LCA, dozens of
liquor permits were consolidated, new permits were created, and size and limitations and
shipping requirements were revised. This proposal will "clean up" the LCA. The language in
this bill will help lawmakers, regulators, and industry stakeholders to navigate the LCA.
NATURE AND SOURCES OF SUPPORT:
Christopher Buchanan, Director, Public Affairs & State & Local Government Relations,
NE Region Walmart
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Supports this bill with modifications. In Connecticut, Walmart is not categorized as a grocery
store, however grocery sales in CT are equal to any well-known grocery store chain in the
state. Customers can find everything they need on their shopping list, except beer. The 12
locations in CT are not considered grocery stores due to the non-grocery items. The current
statutory language was written before the surfacing of the superstore. The convenience of
buying beer in the state is allowed in 46 other states and Walmart asks that the language
should acknowledge supercenters as grocery stores.
Lawrence F. Cafero, Jr., Executive Director and General Counsel, Wine and Spirits
Wholesalers of Connecticut (WSWC)
WSWC support this bill and the technical changes to the liquor laws. The changes would
conform to the statutory language since 2019.
Phil Pappas, Executive Director, CT Brewers Guild
CT Brewers Guild supports language that would allow CT Craft permit holders to keep food
available during most of the hours the premises are open and either offer food directly on site
or through a third party such as a delivery service. The Brewers Guild appreciates the ability
to continue working with industry partners, restaurants and food trucks to provide high quality,
delicious food.
NATURE AND SOURCES OF OPPOSITION:
David Godbout
Opposes all proposed bills this session, he feels his Fourth Amendment rights are being
violated.
Reported by: Bonnie Gray, Asst. Clerk Date: 3/28/2022
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Statutes affected:
Raised Bill: 30-51a, 30-22d
GL Joint Favorable Substitute: 30-51a, 30-22d, 20-578, 20-617a, 28-32, 42-133ff, 20-334d, 20-681
File No. 193: 30-51a, 30-22d, 20-578, 20-617a, 28-32, 42-133ff, 20-334d, 20-681
File No. 686: 30-51a, 30-22d, 20-578, 28-32, 42-133ff, 20-334d, 20-681
Public Act No. 22-104: 30-51a, 30-22d, 20-578, 28-32, 42-133ff, 20-334d, 20-681