Sec. 30-48a. Limitation on interest in retail permits.
Sec. 30-48a. Limitation on interest in retail permits. (a) No person, and no
backer as defined in section 30-1, shall, except as hereinafter provided, acquire an interest in more than two alcoholic beverage retail permits, but nothing herein shall (1) require
any such person who had, on June 8, 1981, such interest in more than two such permits
to surrender, dispose of or release his interest in any such permit or permits nor shall it
affect his right to continue to hold, use and renew such permits or (2) prohibit any such
person who had, on June 8, 1981, such interest in more than two such permits from
transferring his interest in such permits by inter vivos or testamentary disposition, including living trusts, to his spouse or child, or such spouse's or child's living trust or
prohibit such spouse or child from accepting such a transfer notwithstanding that such
spouse or child may already hold another permit issued under the provisions of this
chapter. Any such permit so transferred may be renewed by such transferee under the
provisions of section 30-14a. Except as provided in subdivision (1), a person shall be
deemed to acquire an interest in a retail permit if an interest is owned by such person,
such person's spouse, children, partners, or an estate, trust, or corporation controlled
by such person or such person's spouse, children, or any combination thereof. The
provisions of this subsection shall apply to any such interest without regard to whether
such interest is a controlling interest. For the purposes of this subsection, "person" means
(A) an individual, (B) a corporation or any subsidiary of a corporation or (C) any combination of corporations or individuals any of whom, or any combination of whom, owns
or controls, directly or indirectly, more than five per cent of any entity which is a backer
as defined in said section 30-1.
(b) A retail permit for the purposes of subsection (a) of this section means a package
store liquor permit or a druggist liquor permit.
(c) Membership in any organization which is or may become the holder of a club
permit shall not constitute acquisition of an interest in a retail permit.
(d) Any person who violates any provision of this section or of any regulation issued
pursuant hereto shall be fined not less than fifty dollars nor more than two hundred fifty
dollars and any permit issued in violation of this section shall be revoked.
(1963, P.A. 555, S. 1-4; P.A. 81-294, S. 8, 22; 81-367, S. 6, 9; P.A. 84-401; P.A. 96-86.)
History: P.A. 81-294 amended Subsec. (a) by adding a definition of "person" and specifying when a person is deemed
to acquire an interest in a retail permit; P.A. 81-367 eliminated reference in Subsec. (b) to package store beer permit and
druggist beer permit as of May 29, 1981; P.A. 84-401 added Subsec. (a)(2) concerning transfer of liquor permits; P.A. 96-86 amended Subsec. (a) to permit the grandfathered permit holder to transfer his interest in such permit through living
trusts to his spouse's or child's living trust.
Since proof of injury is essential to attack on constitutionality of a statute, it was not sufficient for plaintiffs, in making
such an attack, to show only that they were denied the purely personal privilege of a permit. 153 C. 247. Declaratory
judgment determining statute to be unconstitutional on ground that its purpose was to benefit one segment of permit holders
while restricting another segment overruled since all persons having an interest in the subject matter were not made parties
or given reasonable notice thereof. Id., 249.