Sec. 30-1. Definitions.
Sec. 30-1. Definitions. For the interpretation of this chapter, unless the context
indicates a different meaning:
(1) "Airline" means any United States airline carrier, holding a certificate of public
convenience and necessity from the Civil Aeronautics Board under Section 401 of the
Federal Aviation Act of 1958, as amended, or any foreign flag carrier, holding a permit
under Section 402 of such act.
(2) "Alcohol" means the product of distillation of any fermented liquid, rectified
either once or more often, whatever may be the origin thereof, and includes synthetic
ethyl alcohol which is considered nonpotable.
(3) "Alcoholic liquor" or "alcoholic beverage" includes the four varieties of liquor
defined in subdivisions (2), (5), (18) and (19) of this section (alcohol, beer, spirits and
wine) and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being for beverage purposes. Any liquid
or solid containing more than one of the four varieties so defined is considered as belonging to that variety which has the higher percentage of alcohol, according to the following
order: Alcohol, spirits, wine and beer, except as provided in subdivision (19) of this
section. The provisions of this chapter shall not apply to any liquid or solid containing
less than one-half of one per cent of alcohol by volume.
(4) "Backer" means, except in cases where the permittee is himself the proprietor,
the proprietor of any business or club, incorporated or unincorporated, engaged in the
manufacture or sale of alcoholic liquor, in which business a permittee is associated,
whether as employee, agent or part owner.
(5) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops in drinking water.
(6) (A) "Case price" means the price of a container of cardboard, wood or other
material, containing units of the same size, brand, age and proof of alcoholic liquor, and
(B) a case of alcoholic liquor, other than beer, cordials, cocktails, wines and prepared
mixed drinks, shall be in the number and quantity of units or bottles as follows: Three
gallon bottles; four gallon bottles; six half-gallon bottles; twelve quart bottles or twelve
liter bottles; twelve one-fifth gallon bottles or twelve seven hundred fifty milliliter bottles; twenty-four pint bottles; twenty-four one-tenth gallon bottles or six and four-tenths
ounce bottles or twenty-four three hundred seventy-five milliliter bottles or forty-eight
one hundred eighty-seven and one-half milliliter bottles; ninety-six one hundred milliliter bottles; forty-eight half-pint bottles, or two hundred forty-one and one-half ounce,
one and six-tenths ounce and two ounce bottles or ninety-six ninety-three and seven-tenths milliliter bottles or one hundred ninety-two forty-six and eight-tenths milliliter
bottles.
(7) "Charitable organization" means any nonprofit organization organized for charitable purposes to which has been issued a ruling by the Internal Revenue Service classifying it as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
(8) "Club" means a club as defined in section 30-23.
(9) "Coliseum" means a coliseum as defined in section 30-33a.
(10) "Commission" means the Liquor Control Commission and "department"
means the Department of Consumer Protection.
(11) "Golf country club" means a golf country club as defined in section 30-24a.
(12) "Minor" means any person under twenty-one years of age.
(13) "Person" means natural person including partners but shall not include corporations, limited liability companies, joint stock companies or other associations of natural
persons.
(14) "Proprietor" shall include all owners of businesses or clubs, included in subdivision (4) of this section, whether such owners are individuals, partners, joint stock
companies, fiduciaries, stockholders of corporations or otherwise, but shall not include
persons or corporations who are merely creditors of such businesses or clubs, whether
as note holders, bond holders, landlords or franchisors.
(15) "Dining room" means a room or rooms in premises operating under a hotel
permit, hotel beer permit, restaurant permit, restaurant permit for beer, restaurant permit
for wine and beer, railroad permit, or boat permit, where meals are customarily served,
within the room or rooms, to any member of the public who has means of payment and
proper demeanor.
(16) "Restaurant" means a restaurant as defined in section 30-22.
(17) "Special sporting facility" means a special sporting facility as defined in section
30-33b.
(18) "Spirits" means any beverage that contains alcohol obtained by distillation
mixed with drinkable water and other substances in solution, including brandy, rum,
whiskey and gin.
(19) "Wine" means any alcoholic beverage obtained by the fermentation of the
natural sugar content of fruits, such as grapes or apples or other agricultural products,
containing sugar, including fortified wines such as port, sherry and champagne.
(20) "Nonprofit public television corporation" means a nonprofit public television
corporation as defined in section 30-37d.
(1949 Rev., S. 4222; 1951, 1953, S. 2148d; 1957, P.A. 267, S. 1; 617, S. 1; 1959, P.A. 590; 1961, P.A. 292; 1963, P.A.
274, S. 1; February, 1965, P.A. 512; 553, S. 1; 1967, P.A. 365, S. 1; 725, S. 1; 1969, P.A. 135, S. 1; 724, S. 1; 739; 1971,
P.A. 254, S. 1; 1972, P.A. 127, S. 57; P.A. 73-222; 73-533, S. 1; 73-543, S. 1; 73-563, S. 1; P.A. 74-307, S. 1; P.A. 75-259, S. 1, 8; 75-641, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-80, S. 1, 4; 78-82, S. 2; 78-202, S. 1, 2, 5; 78-294, S. 1,
5; 78-303, S. 80, 85, 136; P.A. 79-404, S. 38, 45; P.A. 80-198, S. 2; 80-482, S. 4, 170, 189, 191, 345, 348; P.A. 81-287,
S. 1; 81-294, S. 6, 22; P.A. 82-68, S. 1, 11; 82-299, S. 1, 6; P.A. 83-152, S. 2; 83-508, S. 2; P.A. 85-264, S. 1, 4; 85-613,
S. 82, 154; P.A. 89-181, S. 1, 6; P.A. 90-72, S. 1; 90-271, S. 18, 24; P.A. 91-118, S. 1; P.A. 93-139, S. 1; 93-326, S. 2;
P.A. 95-79, S. 105, 189; 95-195, S. 11, 83; P.A. 03-235, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17;
04-189, S. 1; P.A. 05-288, S. 132; P.A. 06-94, S. 1.)
History: 1959 act redefined club to qualify national or international fraternal or social organizations or affiliates in
existence in state 1 year; 1961 act redefined case price to include cordials, cocktails, wines and prepared mixed drinks in
exception; 1963 act added Subdiv. (21) defining "grocery store"; 1965 acts redefined "hotel" to include golf facilities and
swimming pools as part of hotel premises and added Subdiv. (22) defining "golf country club"; 1967 acts added Subdivs.
(23) and (24) defining "cafe" and "nonprofit theater"; 1969 acts redefined "bottle price" to specify applicability to alcoholic
liquor other than beer and to clarify unit sizes, redefined "golf country club" to allow application for permit by organizations
in existence for less than 1 year if certain conditions are met and redefined "case price" similarly for clarity and added
Subdiv. (25) defining "nonprofit public art museum"; 1971 act added Subdiv. (26) defining "charitable organization";
1972 act redefined "minor" to reflect lowered age of majority, i.e. from 21 to 18; P.A. 73-222 changed population marker
in "hotel" definition from 15,000 to 40,000; P.A. 73-533 added Subdivs. (27) to (29) defining "coliseum", "coliseum club"
and "arena"; P.A. 73-543 added Subdiv. (30) defining "airline"; P.A. 73-563 redefined "hotel" adding as determiner of
classification number of days food is served per week and whether or not food is served at all times when liquor is served;
P.A. 74-307 added Subdiv. (31) defining "special sporting facility"; P.A. 75-259 redefined "case price" to include liter
and milliliter bottles; P.A. 75-641 rearranged Subdivs. to place terms defined in alphabetical order; P.A. 77-614 replaced
liquor control commission with division of liquor control within the department of business regulation, effective January
1, 1979; P.A. 78-80 added Subdiv. (32) defining "motel"; P.A. 78-82 added Subdiv. (33) defining "resort"; P.A. 78-202
added Subdiv. (34) defining "special outing facility"; P.A. 78-294 added Subdiv. (35) defining "farm winery"; P.A. 78-303 created exceptions to replacement of liquor control commission with division of liquor control; P.A. 79-404 replaced
commission on special revenue with gaming policy board in Subdiv. (28); P.A. 80-198 included sales of wine in definition
of "tavern"; P.A. 80-482 (See Secs. 4, 170 and 191) 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. 81-287 amended Subdiv. (11), defining "club", to include definition of "nonprofit
club"; P.A. 81-294 amended Subdiv. (7), defining "bottle price", to include references to metric units and to allow increases
greater than the previously stated amounts of two, four or eight cents in determining bottle price, effective January 1, 1982;
P.A. 82-68 amended Subdiv. (20) by redefining "minor" as a person under 19 years of age, raising the age from 18; P.A.
82-299 added Subdiv. (36) defining "catering establishment"; P.A. 83-152 added a new Subdiv. (37) defining "nonprofit
public television corporation"; P.A. 83-508 amended Subdiv. (20) by redefining "minor" as a person under 20 years of
age, raising the age from 19; P.A. 85-264 redefined "minor" in Subdiv. (20) as any person under 21 years of age other than
a person who has attained the age of 20 on or before September 1, 1985; P.A. 85-613 made technical change in Subdiv.
(9); P.A. 89-181 added a new Subdiv. (38) defining "brew pub"; P.A. 90-72 added Subdiv. (15)(B) re an alternative
definition of "golf country club"; P.A. 90-271 made a technical change in Subdiv. (2); P.A. 91-118 amended Subdiv. (21)
by deleting "art" before "museum", thus defining a permit that could be obtained by all nonprofit public museums, without
regard to whether "art" was displayed there and deleted the word "floor", before "area", in the phrase "one hundred thousand
square fee of floor area"; P.A. 93-139 made technical changes, amended the definitions of "alcoholic liquor", "minor" and
"dining room", entirely redefined "club", "coliseum", "golf country club", "restaurant", "special sporting facility" and
"nonprofit public television corporation" and deleted the definitions of "arena", "bottle price", "cafe", "nonprofit club",
"coliseum club", "grocery store", "hotel", "licensed pharmacist" or "licensed druggist", "licensed pharmacy", "nonprofit
public museum", "nonprofit theater", "pharmacy commission", "tavern", "motel", "resort", "special outing facility", "farm
winery", "catering establishment" and "brew pub"; P.A. 93-326 would have redefined "special outing facility" to reduce
pavilion seating capacity from two hundred fifty people to one hundred fifty people, but failed to take effect since that
definition was repealed by P.A. 93-139; P.A. 95-79 redefined "person" to exclude limited liability companies, effective
May 31, 1995; P.A. 95-195 amended Subdiv. (10) to substitute Department of Consumer Protection for Department of
Liquor Control, effective July 1, 1995; P.A. 03-235 amended Subdiv. (6) by adding ninety-six 100-milliliter bottles to
definition of "case price", effective June 26, 2003; 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; P.A. 05-288 made a technical change in Subdiv. (14), effective July 13, 2005;
P.A. 06-94 amended Subdiv. (14) to change reference from "subdivision (5)" to "subdivision (4)" and add exclusion for
landlords and franchisors in definition of "proprietor".
The following cases decided prior to enactment of the liquor control act of 1933: Complaint charging sale of "spirituous
liquor, to wit: beer," sufficient. 51 C. 1. Spirituous and intoxicating liquors include medicines prepared and sold by a
druggist, of which a part is spirituous liquor. 61 C. 39. When lease, contained provision that rental should be reduced one-half in case city wherein premises leased were located "should go no license," passage of Volstead act operated to reduce
rental one-half. 98 C. 751. Partially denatured alcohol readily made fit for beverage purposes held to be intoxicating liquor;
any liquor specifically mentioned in former section or declared intoxicating by United States laws is intoxicating liquor;
whether or not liquor is fit for beverage purposes is for the jury. 100 C. 645. Only such parts of statute defining intoxicating
liquors as are relevant need be covered in charge. 102 C. 636. The following cases decided subsequent to enactment of
the liquor control act: The definitions given of "alcohol", "beer", etc. are sufficiently broad to include medicinal compounds
containing alcohol. 118 C. 252. It is not necessary that proof of alcoholic content in a given case be established only by
an expert. 119 C. 439. Defendant not harmed by court's statement that it was undisputed that beer was "alcoholic liquor".
120 C. 43. Under former statute "regularly served" meals are meals served during hours restaurants are usually open.
However, there must be a bona fide restaurant business. 121 C. 446. Whether or not place of business conformed to statutory
definition is a question of fact. Id., 695. Commission did not abuse its discretion in refusing permits on ground restaurant
business not bona fide. 123 C. 318. Cited. 124 C. 690. Action of the commission must be tested by condition of club's
premises at time of the hearing. 125 C. 106. A change from unincorporated to incorporated form not material to continuous
existence of a club. Id., 108. Service of hot meals insufficient to afford assurance of bona fide restaurant business. 128 C.
115. Cited. 132 C. 665. Cited. 133 C. 151. Cited. 158 C. 362. Cited. 191 C. 528. Cited. 195 C. 18.
History of section reviewed. 20 CS 256. Cited. 23 CS 281.
Purpose of act was to redefine and extend privilege of acquiring a grocery store beer permit to stores other than grocery
stores; not determinative as to whether supermarket is grocery store for purposes of section 53-290. 3 Conn. Cir. Ct. 682.
Subdiv. (2):
Cited. 160 C. 4.
Cited. 23 CS 474.
Chemical analysis is not only method by which jury may determine that beer sold to minor is alcoholic beverage within
prohibition of statute; common knowledge of well-known and nationally advertised brands may establish fact for jury. 5
Conn. Cir. Ct. 373.
Subdiv. (3):
Discussed. 5 CS 234.
Subdiv. (7):
An association operating under a club liquor permit which terminated the voting rights of its members and made its
board of governors self-perpetuating does not come within the statutory definition of "club" as defined in the Liquor
Control Act. 166 C. 97.
Statutory requirements to be a club reviewed. 16 CS 60.
Subdiv. (12):
Cited. 236 C. 670.
Cited. 22 CS 354.
Cited. 4 Conn. Cir. Ct. 170. Cited. 5 Conn. Cir. Ct. 373.
Subdiv. (13):
Word "person" interpreted to allow a corporation to be eligible for a liquor permit. 18 CS 273.
Subdiv. (15):
Discussed. 5 CS 234. "Owner" means all persons who have combined in them both the title to and right of possession
of the business and the owner shall be responsible for the conduct of the business. Management does not mean ownership.
22 CS 420.
Subdiv. (17):
Mere possession of supply of food sufficient to offer limited number and variety of meals would not make premises
restaurant if there were so few food patrons or their demands for food were so insignificant that service of hot meals was
not a regular part of permittee's business. 149 C. 511.
Cited. 36 CS 305.
Subdiv. (20):
Cited. 207 C. 88.