Sec. 30-45. Mandatory refusal of permits to certain persons. Exceptions.
Sec. 30-45. Mandatory refusal of permits to certain persons. Exceptions. The
Department of Consumer Protection shall refuse permits for the sale of alcoholic liquor
to the following persons: (1) Any state marshal, judicial marshal, judge of any court,
prosecuting officer or member of any police force, (2) any first selectman holding office
and acting as a chief of police in the town within which the permit premises are to be
located, (3) a minor, and (4) any constable who performs criminal law enforcement
duties and is considered a peace officer by town ordinance pursuant to the provisions
of subsection (a) of section 54-1f, any constable who is certified under the provisions
of sections 7-294a to 7-294e, inclusive, who performs criminal law enforcement duties
pursuant to the provisions of subsection (c) of section 54-1f, or any special constable
appointed pursuant to section 7-92. This section shall not apply to out-of-state shippers',
boat and airline permits. As used in this section, "minor" means a minor as defined in
section 1-1d or as defined in section 30-1, whichever age is older.
(1949 Rev., S. 4264; 1953, S. 2163d; 1961, P.A. 15, S. 5; February, 1965, P.A. 403, S. 1; 1971, P.A. 270; 1972, P.A.
127, S. 82; P.A. 73-543, S. 8, 14; P.A. 75-266, S. 2, 3; P.A. 77-137; 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. 87-242; P.A. 93-139, S. 50; P.A. 95-115, S. 2; 95-195, S. 48, 83; P.A. 00-99,
S. 79, 154; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: 1961 act removed "grand juror" from Subdiv. (2); 1965 act deleted prohibition against issuing permits to
justices of the peace in Subdiv. (2); 1971 act clarified prohibition with regard to selectmen and placed provision re selectmen
in separate subdivision; 1972 act prohibited issuance of permit to "any person who has not attained the age of eighteen
and been admitted as an elector of the state"; P.A. 73-543 exempted airline permits from provisions of section; P.A. 75-266 deleted prohibitions against issuing permit to a person convicted of a felony unless his right of franchise has been
restored and against issuing permit to nonelector, person who is not eighteen and deleted provisions re permittees who
change town of residence; P.A. 77-137 prohibited issuing permit to any person "not of legal drinking age" and defined the
term; P.A. 77-614 and P.A. 78-303 replaced liquor control commission with division of liquor control within the department
of business regulation; 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. 87-242 required the department of liquor control to refuse permits for the sale of alcoholic liquor to a
first selectman who acts as a chief of police in the town within which the permit premises are to be located; P.A. 93-139
made technical changes; P.A. 95-115 added Subdiv. (4) which requires the refusal of permits to certain constables, replacing
provision which had applied to all constables (Revisor's note: The phrase "any constable who is certified under the provisions of sections 7-294a to 7-294e, inclusive, that performs criminal law enforcement duties" was changed editorially by
the Revisors to "any constable who is certified under the provisions of section 7-294a to 7-294e, inclusive, who performs
criminal law enforcement duties"); P.A. 95-195 substituted Department of Consumer Protection for Department of Liquor
Control, effective July 1, 1995; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal and judicial
marshal, effective December 1, 2000; 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.
That applicant might be improperly influenced by parents held ground of refusal under former statute. 121 C. 707. A
person suitable per se might be unsuitable if subject to domination of one who is himself "unsuitable". 122 C. 446; 142
C. 569. Under former statute failure to make frank disclosure plus prior convictions adequate grounds for refusal. 122 C.
528. Cited. 123 C. 35. Cited. 131 C. 698. Requirement that person must be an elector violates no constitutional right. 129
C. 619. A person convicted of a felony is not an elector unless his elective franchise is restored and only an elector may
obtain a liquor permit. Provides for mandatory refusal of permits by the liquor control commission. 142 C. 569.
Provision in former statute requiring person receiving permit to be a citizen was held to be in direct conflict with certain
U. S. treaties. 4 CS 343. A violation of this section must be affirmatively established by the commission. Id., 350. Provision
in former statute requiring delegation of authority and control of business by backer to permittee discussed. 10 CS 284.
Person convicted two years before on charge of selling beer to minors declared suitable person for beer permit. Id., 476.
Cited. 12 CS 429.