Bill Text: CT SB00485 | 2017 | General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Concerning Notice To The Department Of Consumer Protection Regarding Depletion Allowances For Wine Or Spirits, Registration Requirements For Craft Beer And Farmers' Market Wine Sales Permits.

Spectrum: Committee Bill

Status: (Passed) 2017-06-19 - Transmitted by Secretary of the State to Governor [SB00485 Detail]

Download: Connecticut-2017-SB00485-Comm_Sub.html

General Assembly

 

Committee Bill No. 485

January Session, 2017

 

LCO No. 4759

 

*04759SB00485GL_*

Referred to Committee on GENERAL LAW

 

Introduced by:

 

(GL)

 

AN ACT CONCERNING NOTICE TO THE DEPARTMENT OF CONSUMER PROTECTION REGARDING DEPLETION ALLOWANCES FOR WINE OR SPIRITS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 30-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No permittee or group of permittees licensed under the provisions of this chapter, in any transaction with another permittee or group of permittees, shall directly or indirectly offer, furnish or receive any free goods, gratuities, gifts, prizes, coupons, premiums, combination items, quantity prices, cash returns, loans, discounts, guarantees, special prices or other inducements in connection with the sale of alcoholic beverages or liquors. No such permittee shall require any purchaser to accept additional alcoholic liquors in order to make a purchase of any other alcoholic liquor.

(b) Notwithstanding the provisions of subsection (a) of this section and subsection (b) of section 30-63, a holder of a manufacturer permit issued under subsection (a) of section 30-16 or an out-of-state shipper's permit for alcoholic liquor other than beer issued under section 30-18 may offer and provide to a holder of a wholesaler permit issued under subsection (a) of section 30-17 a floor stock allowance or a depletion allowance, or both, with the prior approval of the department or upon written notice to the department in advance. Such allowances shall be offered and provided on a nondiscriminatory basis to all such wholesaler permittees authorized to distribute the products of any such manufacturer or out-of-state shipper permittee in accordance with such requirements as the department may prescribe by regulation adopted under chapter 54, provided (1) no such manufacturer or out-of-state shipper permittee may require any such wholesaler permittee to participate in any program providing such allowances, and (2) the rate or percentage used to calculate any such allowance may not vary based on the quantity of alcoholic liquor other than beer that is sold. As used in this subsection, "floor stock allowance" means any rebate, discount or other inducement that is given to a wholesaler permittee to be used for the sales promotion or the destruction of any alcoholic liquor other than beer that is stored in the wholesaler permittee's warehouse or other storage facilities at the time such rebate, discount or other inducement is given, and "depletion allowance" means any rebate, discount or other inducement used for the sales promotion of any alcoholic liquor other than beer that is given to a wholesaler permittee based on the amount of such alcoholic liquor subject to such promotion that is sold at wholesale by the wholesaler permittee.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

30-94

Statement of Purpose:

To allow an alcoholic liquor wholesaler who intends to offer a depletion allowance for wine or spirits to provide written notice to the Department of Consumer Protection.

[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.]

Co-Sponsors:

SEN. LARSON, 3rd Dist.

S.B. 485

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