Sec. 30-78. Nuisance. Disposal.
Sec. 30-78. Nuisance. Disposal. All alcoholic liquor which is intended by the
owner or keeper thereof to be manufactured or sold in violation of law shall, together
with the vessels in which such liquor is contained, be a nuisance. The Department of
Consumer Protection may dispose of any intoxicating liquor, acquired in connection
with the administration of this chapter, by public or private sale in such manner and
upon such terms as it deems practical and, in cases where sale is impracticable, by
delivering it to any state institution which has use therefor. All proceeds from such sale
shall be paid into the State Treasury to the credit of the General Fund.
(1949 Rev., S. 4286; 1953, S. 2169d; 1959, P.A. 222, S. 2; P.A. 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. 95-195, S. 75, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17;
04-189, S. 1.)
History: 1959 act provided for payment of sale proceeds into general fund in lieu of inebriate fund, which was abolished;
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. 95-195 substituted Department of Consumer Protection for Department of Liquor
Control, effective July 1, 1995; 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with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June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.
This section applies to all liquors intended to be sold illegally and to all suits for the recovery of them. 49 C. 163.
Whether liquors are kept with intent to sell illegally is wholly a question of fact. 52 C. 271. Cited. 110 C. 684. Finding of
nuisance. 112 C. 173.