Sec. 30-55. Revocation or suspension of permits; hearing; appeal to stay proceedings.
Sec. 30-55. Revocation or suspension of permits; hearing; appeal to stay proceedings. (a) The Department of Consumer Protection may, in its discretion, revoke or
suspend any permit or provisional permit upon cause found after hearing, provided ten
days' written notice of such hearing has been given to the permittee setting forth, with
the particulars required in civil pleadings, the charges upon which such proposed revocation or suspension is predicated. Any appeal from such order of revocation or suspension
shall be taken in accordance with the provisions of section 4-183.
(b) The surrender of a permit or provisional permit for cancellation or the expiration
of a permit shall not prevent the department from suspending or revoking any such
permit pursuant to the provisions of this section.
(1949 Rev., S. 4272; February, 1965, P.A. 259; 1967, P.A. 316; 1969, P.A. 128; P.A. 77-438, S. 5; 77-603, S. 18, 125;
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. 93-139, S. 54; P.A. 95-195, S. 55, 83; P.A. 97-175, S. 7; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 06-94, S. 3.)
History: 1965 act prohibited suspension or revocation of permit for violations of chapter in cases where permittee was
finally found not guilty; 1967 act protected permittee from suspension or revocation of permit where "his servant or agent"
was finally found not guilty and prohibited taking "disciplinary action" after finding of not guilty against backer, servant
or agent; 1969 act extended protection from suspension, revocation and disciplinary action in cases which were dismissed;
P.A. 77-438 prohibited commission's initiation of hearing proceedings based upon arrests which have not resulted in
convictions; P.A. 77-603 replaced previous appeal provisions with provision requiring that appeals be made in accordance
with Sec. 4-183; 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. 93-139 added Subsec. (b) allowing the department to suspend or
revoke a permit even if such permit was surrendered for cancellation or expired; P.A. 95-195 substituted Department of
Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 97-175 added reference to provisional
permit in Subsecs. (a) and (b) and made technical changes; 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. 06-94 deleted provisions in Subsec. (a) prohibiting suspension or
revocation of permit or disciplinary action in cases where permittee or his servant or agent was finally found not guilty
by, or received dismissal in, a court having jurisdiction.
See Sec. 12-450 re suspension of liquor permit for failure to pay taxes or to perform acts or duties imposed under
statutes relating to taxation.
See Sec. 30-60 re appeal procedure.
See Sec. 30-67 re violations which constitute grounds for suspension or revocation of permits.
Cited. 123 C. 35. Revocation because of sale by employee to a minor not abuse of discretion. 124 C. 689. Cited. 128
C. 163. Revocation because of persistence in violating law while hearing pending is not arbitrary or unreasonable. 137 C.
327. Cited. 148 C. 649; 149 C. 64. Gives commission broad powers of revocation and suspension. Id., 652. Where permittee
was posted twenty-one times as delinquent in payments and had issued checks in payment dishonored on five occasions,
commission could find him financially irresponsible despite his substantial equity in permit premises. Id., 653. To justify
revocation or suspension of a permit, evidence before commission need not establish guilt of permittee beyond a reasonable
doubt. Issue is whether a permittee is a suitable person. 150 C. 422. Enumeration in Liquor Control Act of several grounds
for revocation does not prevent commission from adding other grounds by regulation. Id. Commission is not required to
base its decision on any one of several alleged grounds. It can consider whether they individually or all together warrant
a revocation. Id. Former statute: Ultimate acquittal on criminal charge is immaterial. Id., 473. Dismissal of criminal charge
under section 30-86 not res judicata re commission hearing. 151 C. 524. Cited. 239 C. 599.
Suspension of permit proper when based upon an illegal sale by an employee. 9 CS 26. Cited. 14 CS 491.