Sec. 30-16. Manufacturer permit.
Sec. 30-16. Manufacturer permit. (a) A manufacturer permit shall allow the manufacture of alcoholic liquor and the storage, bottling and wholesale distribution and sale
of alcoholic liquor manufactured or bottled to permittees in this state and without the
state as may be permitted by law; but no such permit shall be granted unless the place
or the plan of the place of manufacture has received the approval of the Department of
Consumer Protection. A holder of a manufacturer permit may apply for and shall receive
an out-of-state shipper's permit for manufacturing plants and warehouse locations outside the state owned by such manufacturer or a subsidiary corporation thereof, at least
eighty-five per cent of the voting stock of which is owned by such manufacturer, to
bring into any of its plants or warehouses in the state alcoholic liquors for reprocessing,
repackaging, reshipment or sale either (1) within the state to wholesaler permittees not
owned or controlled by such manufacturer, or (2) outside the state. A holder of a manufacturer permit, except a manufacturer permit for cider, may apply for and shall receive
a wholesaler permit. The annual fee for a manufacturer permit shall be one thousand
six hundred dollars.
(b) A manufacturer permit for beer shall be in all respects the same as a manufacturer
permit, except that the scope of operations of the holder shall be limited to beer, but
shall permit the storage of beer in any part of the state. Such permit shall also authorize
the offering and tasting, on the premises of the permittee, of free samples of beer brewed
on such premises and the selling at retail from the premises of sealed bottles or other
sealed containers of such beer for consumption off the premises. The offering and tasting
shall be limited to visitors who have attended a tour of the premises of the permittee.
Such selling at retail from the premises of sealed bottles or other sealed containers shall
comply with the provisions of subsection (d) of section 30-91 and shall permit not more
than eight liters of beer to be sold to any person on any day on which such sale is
authorized under the provisions of subsection (d) of section 30-91. The annual fee for
a manufacturer permit for beer shall be eight hundred dollars.
(c) A manufacturer permit for cider not exceeding six per cent alcohol by volume
and apple wine not exceeding fifteen per cent alcohol by volume shall allow the manufacture, storage, bottling and wholesale distribution and sale at retail of such cider and
apple wine to permittees and nonpermittees in this state as may be permitted by law;
but no such permit shall be issued unless the place or the plan of the place of manufacture
has received the approval of the department. The annual fee for a manufacturer permit
for cider shall be one hundred sixty dollars.
(d) A manufacturer permit for apple brandy and eau-de-vie shall be in all respects
the same as a manufacturer permit, except that the scope of operations of the holder
shall be limited to apple brandy or eau-de-vie, or both. The annual fee for a manufacturer
permit for apple brandy and eau-de-vie shall be three hundred twenty dollars.
(e) (1) A manufacturer permit for a farm winery shall be in all respects the same
as a manufacturer permit, except that the scope of operations of the holder shall be
limited to wine and brandies distilled from grape products or other fruit products, including grappa and eau-de-vie. As used in this section, "farm winery" means any place or
premises, located on a farm in the state in which wine is manufactured and sold.
(2) Such permit shall, at the single principal premises of the farm winery, authorize
(A) the sale in bulk by the holder thereof from the premises where the products are
manufactured pursuant to such permit; (B) as to a manufacturer who produces one hundred thousand gallons of wine or less per year, the sale and shipment by the holder
thereof to a retailer of wine manufactured by the farm winery permittee in the original
sealed containers of not more than fifteen gallons per container; (C) the sale and shipment
by the holder thereof of wine manufactured by the farm winery permittee to persons
outside the state; (D) the offering and tasting of free samples of such wine or brandy to
visitors and prospective retail customers for consumption on the premises of the farm
winery permittee; (E) the sale at retail from the premises of sealed bottles or other sealed
containers of such wine or brandy for consumption off the premises; (F) the sale at retail
from the premises of wine or brandy by the glass and bottle to visitors on the premises
of the farm winery permittee for consumption on the premises; and (G) subject to the
provisions of subdivision (3) of this subsection, the sale and delivery or shipment of
wine manufactured by the permittee directly to a consumer in this state. Notwithstanding
the provisions of subparagraphs (D), (E) and (F) of this subdivision, a town may, by
ordinance or zoning regulation, prohibit any such offering, tasting or selling at retail at
premises within such town for which a manufacturer permit for a farm winery has been
issued.
(3) A permittee, when selling and shipping wine directly to a consumer in this state,
shall: (A) Ensure that the shipping labels on all containers of wine shipped directly to
a consumer in this state conspicuously state the following: "CONTAINS ALCOHOL—
SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY";
(B) obtain the signature of a person age twenty-one or older at the address prior to
delivery, after requiring the signer to demonstrate that he or she is age twenty-one or older
by providing a valid motor vehicle operator's license or a valid identity card described in
section 1-1h; (C) not ship more than five gallons of wine in any two-month period to
any person in this state; (D) pay, to the Department of Revenue Services, all sales taxes
and alcoholic beverage taxes due under chapters 219 and 220 on sales of wine to consumers in this state, and file, with said department, all sales tax returns and alcoholic beverage
tax returns relating to such sales; (E) report to the Department of Consumer Protection
a separate and complete record of all sales and shipments to consumers in the state, on
a ledger sheet or similar form which readily presents a chronological account of such
permittee's dealings with each such consumer; (F) not ship to any address in the state
where the sale of alcoholic liquor is prohibited by local option pursuant to section 30-9; and (G) hold an in-state transporter's permit pursuant to section 30-19f or make any
such shipment through the use of a person who holds such an in-state transporter's
permit.
(4) No licensed farm winery may sell any such wine or brandy not manufactured
by such winery, except a licensed farm winery may sell from the premises wine manufactured by another farm winery located in this state.
(5) The farm winery permittee shall grow on the premises of the farm winery or on
property under the same ownership and control of said permittee or leased by the backer
of a farm winery permit or by said permittee within the farm winery's principal state
an average crop of fruit equal to not less than twenty-five per cent of the fruit used in
the manufacture of the farm winery permittee's wine. An average crop shall be defined
each year as the average yield of the farm winery permittee's two largest annual crops
out of the preceding five years, except that during the first seven years from the date of
issuance of a farm winery permit, an average crop shall be defined as three tons of grapes
for each acre of vineyard farmed by the farm winery permittee. In the event the farm
winery consists of more than one property, the aggregate acreage of the farm winery
shall not be less than five acres.
(6) A holder of a manufacturer permit for a farm winery, when advertising or offering wine for direct shipment to a consumer in this state via the Internet or any other on-line computer network, shall clearly and conspicuously state such liquor permit number
in its advertising.
(7) The annual fee for a manufacturer permit for a farm winery shall be two hundred
forty dollars.
(f) A manufacturer permit for a brew pub shall allow: (1) The manufacture, storage
and bottling of beer, (2) the retail sale of alcoholic liquor to be consumed on the premises
with or without the sale of food, (3) the selling at retail from the premises of sealed
bottles or other sealed containers of beer brewed on such premises for consumption off
the premises, and (4) the sale of sealed bottles or other sealed containers of beer brewed
on such premises to the holder of a wholesaler permit issued pursuant to subsection (b)
of section 30-17, provided that the holder of a manufacturer permit for a brew pub
produces at least five thousand gallons of beer on the premises annually. Such selling
at retail from the premises of sealed bottles or other sealed containers shall comply with
the provisions of subsection (d) of section 30-91 and shall permit not more than eight
liters of beer to be sold to any person on any day on which such sale is authorized under
the provisions of subsection (d) of section 30-91. The annual fee for a manufacturer
permit for a brew pub shall be two hundred forty dollars.
(1949 Rev., S. 4238; February, 1965, P.A. 180; 1967, P.A. 327, S. 1; P.A. 77-614, S. 165, 587, 610; P.A. 78-294, S.
3, 5; 78-303, S. 80, 85, 136; P.A. 80-482, S. 4, 170, 191, 345, 348; P.A. 87-141, S. 1, 2; P.A. 88-97; P.A. 89-181, S. 3, 6;
P.A. 90-72, S. 3; P.A. 91-353, S. 1, 7; P.A. 93-139, S. 10; 93-266; P.A. 95-161, S. 1, 3; 95-195, S. 20, 83; P.A. 96-220, S.
1-3, 7; P.A. 98-236, S. 5, 6; P.A. 02-25, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-111, S. 1; 04-169, S. 17; 04-189, S. 1; P.A. 05-7, S. 1; 05-274, S. 1; P.A. 06-67, S. 1; P.A. 07-39, S. 1; 07-145, S. 1; 07-165, S. 2; P.A. 08-187, S. 1.)
History: 1965 act added provisions in Subdiv. (1) re application by holder of manufacturer's permit for out-of-state
shipper's permit; 1967 act specified that such out-of-state shipper's permit is "to bring into any of its plants or warehouses
in the state alcoholic liquors for reprocessing, repackaging, reshipment or sale ..." rather than "for the sale of alcoholic
liquors to wholesaler permittees in this state not owned or controlled by said manufacturer"; P.A. 77-614 replaced liquor
control commission with division of liquor control within the department of business regulation, except as later specified
in P.A. 78-303, effective January 1, 1979; P.A. 78-294 added Subdiv. (5) re manufacturer's permits for farm wineries;
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. 87-141
amended Subdiv. (5) by clarifying that a manufacturer permit does not authorize the offering and tasting of free samples
of wine to visitors and prospective retail customers in towns which by ordinance prohibit such conduct, and eliminated
the limitation on the number of finished gallons of wine a manufacturer may produce annually; P.A. 88-97 amended Subsec.
(5) to provide that farm winery permits may be limited by local ordinance with respect to wine tastings and retail sales;
P.A. 89-181 added Subsec. (6) concerning manufacturer permit for a brew pub; P.A. 90-72 allowed holders of a permit to
sell alcoholic liquor in addition to beer; P.A. 91-353 amended Subdiv. (6) to require that the holder of a manufacturer
permit for a brew pub must produce at least 5,000 gallons of beer on the premises annually; P.A. 93-139 added the annual
fee for each manufacturer permit, defined "farm winery" in Subsec. (e) and made technical changes; P.A. 93-266 amended
Subdiv. (5) expanding a manufacturer permit for a farm winery to allow the production of brandies from grape and other
fruit products in addition to the production of wine; P.A. 95-161 amended Subsec. (b) to authorize the offering of beer to
and tasting of beer by tour attendees and amended Subsec. (f) to authorize the retail sale of beer produced on the premises
for off-premise consumption; P.A. 95-195 amended Subsec. (a) to substitute Department of Consumer Protection for
Department of Liquor Control, effective July 1, 1995; P.A. 96-220 amended Subsec. (c) to permit the sale of apple wine
not exceeding 15% alcohol by volume, amended Subsec. (e) to permit the selling at retail of wine by the glass and bottle for
on-premise consumption and amended Subsec. (f) to delete the sunset on the retail sale of beer for off-premise consumption,
effective June 4, 1996; P.A. 98-236 amended Subsec. (d) by adding provisions re eau-de-vie, effective June 8, 1998; P.A.
02-25 amended Subsec. (e) to allow farm winery to sell wine manufactured by another farm winery located in this state;
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. 04-111 amended Subsec. (e) by decreasing the percentage of the
average crop of fruit required to be produced within the state, for use in the manufacture of a farm winery permittee's
wine, from 51% to 25%; 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. 05-7 made a technical change in
Subsec. (a) and amended Subsecs. (b) and (f) to include authorization to sell bottles or sealed containers at retail for off-premises consumption, effective April 19, 2005; P.A. 05-274 amended Subsec. (e) to establish Subdivs. (1) to (7) and
authorize the sale and shipment of wine manufactured by the farm winery permittee to a retailer when a farm winery
permittee produces 100,000 gallons of wine or less per year, the sale at retail from the premises of wine or brandy by the
glass and bottle to visitors on the premises of the farm winery permittee and the sale and delivery or shipment of wine
manufactured by the permittee directly to a consumer in this state, effective July 13, 2005; P.A. 06-67 amended Subsec.
(e)(5) to add provision re production of fruit on premises of farm winery or on property adjacent to and under same
ownership and control of permittee, effective May 19, 2006; P.A. 07-39 changed 60-day period to 2-month period in
Subsec. (e)(3)(C); P.A. 07-145 and 07-165 both amended Subsec. (f) by designating existing items allowed under manufacturer permit for a brew pub as Subdivs. (1), (2) and (3) and adding Subdiv. (4) allowing sale of sealed bottles or containers
of beer brewed on premises to wholesaler permittee, effective June 25, 2007; P.A. 08-187 amended Subsec. (e) to add "at
the single principal premises of the farm winery" in Subdiv. (2) and, in Subdiv. (5), to change "produce" to "grow", to
delete "adjacent to", to add "or leased by the backer of a farm winery permit", to authorize growing of fruit crop "within
the farm winery's principal state" and to require that if farm winery consists of more than one property, aggregate acreage
of the winery be not less than 5 acres, effective June 12, 2008.
See Sec. 30-38 re storage facilities for liquor.
Cited. 134 C. 557. Cited. 148 C. 652. Cited. 184 C. 75. Cited. 194 C. 165. Cited. 213 C. 184.