Connecticut § 30-44 - Mandatory refusal of permit where sale prohibited.

§ 30-44. Mandatory refusal of permit where sale prohibited.

Sec. 30-44. Mandatory refusal of permit where sale prohibited. The Department of Consumer Protection shall refuse permits for the sale of alcoholic liquor (1) in no-permit towns and (2) where prohibited by the zoning ordinance of any city or town.

(1949 Rev., S. 4262; 1959, P.A. 622, S. 1; 1971, P.A. 599; P.A. 73-44; P.A. 76-347, S. 5; 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. 47, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

History: 1959 act added Subdiv. (3); 1971 act deleted provision in Subdiv. (3) which had prohibited issuing permit to establishment which has a direct entrance into a commercial bowling alley establishment in all cases and added provision allowing issuance of restaurant permit to bowling alley or adjoining premises if permit premises are in a separate room and if there is a separate door to the alley which remains closed except to permit entrance and egress; P.A. 73-44 allowed issuance of cafe permit in Subdiv. (3) under the conditions specified for issuance of restaurant permits by 1971 act; P.A. 76-347 deleted Subdiv. (3) re permits in bowling establishments and adjoining premises and deleted provision prohibiting consumption of alcoholic liquor in any bowling alley establishment; 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 substituted 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of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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.

See Sec. 30-52 re requirement that permit specify location and re removal to another location.

Cited. 131 C. 262. The word “tavern” as used in ordinance did not necessarily have the same meaning as it does in Liquor Control Act. 133 C. 152; Id., 236. Legislature has not delegated to towns authority to limit, in the guise of a zoning ordinance, the number of liquor outlets in the town as a whole. 134 C. 288. 1,000 foot limitation in a zoning ordinance is not invalid as an invasion of powers of commission. 135 C. 276. Cited. 136 C. 289; 140 C. 566. Provides for mandatory refusal of permits by liquor control commission. 142 C. 569. Appeal re issuance of liquor permit for restaurant adjacent to bowling alley dismissed as moot with enactment of 1959 act. 146 C. 740. Cited. 148 C. 721; 149 C. 291; Id., 680; 152 C. 547; 153 C. 51. Subdiv. (2) prohibits issuance of druggist liquor permit where prohibited by local zoning ordinances. 160 C. 120. Cited. 164 C. 175; 165 C. 185; 177 C. 610. Trial court had incorrectly equated issuance of a “night club liquor permit”, allowing sale of alcohol an extra hour where premises already operating under valid liquor permit, with issuance of license to use premises as a “night club”. 191 C. 528.

The duty of commission is nondelegable and it cannot substitute the legal opinion of a town or city clerk for its own findings. 15 CS 200. Constitutionality. 16 CS 298. Commission cannot issue a removal permit which violates local zoning ordinances. Id., 355.