Bill Text: CT HB05713 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Establishing A Farm Distillery Permit.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-11 - Vote to Hold Until Next Meeting [HB05713 Detail]
Download: Connecticut-2017-HB05713-Comm_Sub.html
General Assembly |
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January Session, 2017 |
LCO No. 4154 | ||
*04154HB05713ENV* | |||
Referred to Committee on ENVIRONMENT |
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Introduced by: |
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(ENV) |
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AN ACT ESTABLISHING A FARM DISTILLERY PERMIT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 30-16 of the general statutes is amended by adding subsection (h) as follows (Effective October 1, 2017):
(NEW) (h) (1) A manufacturer permit for a farm distillery shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to distilled alcohol or spirits including, but not limited to, whiskey, gin, vodka and rum. As used in this section, "farm distillery" means any place or premises that is located on a farm in the state in which distilled spirits or alcohol are manufactured and sold.
(2) Such permit shall, at the single principal premises of the farm distillery, 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 distilled alcohol or spirits or less per year, the sale and shipment by the holder thereof to a retailer of distilled alcohol or spirits manufactured by the farm distillery permittee in the original sealed containers of not more than fifteen gallons per container; (C) the sale and shipment by the holder thereof of distilled alcohol or spirits manufactured by the farm distillery permittee to persons outside the state; (D) the offering and tasting of free samples of such distilled alcohol or spirits, dispensed out of bottles or containers having capacities of not more than two gallons per bottle or container, to visitors and prospective retail customers for consumption on the premises of the farm distillery permittee; (E) the sale at retail from the premises of sealed bottles or other sealed containers of such distilled alcohol or spirits for consumption off the premises; (F) the sale at retail from the premises of distilled alcohol or spirits by the glass and bottle to visitors on the premises of the farm distillery 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 distilled alcohol or spirits 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 distillery has been issued.
(3) A permittee, when selling and shipping distilled alcohol or spirits directly to a consumer in this state, shall: (A) Ensure that the shipping labels on all containers of distilled alcohol or spirits 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 distilled alcohol or spirits 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 distilled alcohol or spirits 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 distillery may sell any such distilled alcohol or spirits not manufactured by such distillery, except a licensed farm distillery may sell from the premises (A) distilled alcohol or spirits manufactured by another farm distillery located in this state, and (B) distilled alcohol or spirits manufactured from fruit or crops harvested in this state and distilled off the premises in this state.
(5) The farm distillery permittee shall grow on the premises of the farm distillery or on property under the same ownership and control of said permittee or leased by the backer of a farm distillery permit or by said permittee within the farm distillery's principal state an average crop of fruit or crops equal to not less than twenty-five per cent of the fruit or crops used in the manufacture of the farm distillery permittee's distilled alcohol or spirits. An average crop shall be defined each year as the average yield of the farm distillery 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 distillery permit, an average crop shall be defined as three tons of fruit or crops for each acre farmed by the farm distillery permittee. Such seven-year period shall not begin anew if the property for which the farm distillery permit is held is transferred or sold during such seven-year period. In the event the farm distillery consists of more than one property, the aggregate acreage of the farm distillery shall not be less than five acres.
(6) A holder of a manufacturer permit for a farm distillery, when advertising or offering distilled alcohol or spirits 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) A holder of a manufacturer permit for a farm distillery may sell and offer free tastings of distilled alcohol or spirits manufactured from such distillery at a farmers' market, as defined in section 22-6r, that is operated as a nonprofit enterprise or association, provided such farmers' market invites such holder to sell distilled alcohol or spirits at such farmers' market and such holder would otherwise qualify for a farmers' market wine sales permit, as determined by the Commissioner of Consumer Protection.
(8) The annual fee for a manufacturer permit for a farm distillery shall be three hundred dollars.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2017 |
30-16 |
Statement of Purpose:
To establish a farm distillery permit that is similar in nature to the farm winery permit.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]