Conn. Agencies Regs. § 30-6-A28

Current through June 15, 2024
Section 30-6-A28 - Self-Pour Automated Systems
(a)Definitions

As used in this section:

(1) "Automated system" means a mechanized device capable of dispensing alcoholic beverages in a pre-determined amount directly to an employee of the permittee or a patron when an RFID device activates the mechanized device.
(2) "Quantity limit" means thirty-two ounces of beer, thirty-two ounces of cider not exceeding six per cent alcohol by volume, or ten ounces of wine.
(3) "Radio frequency identification device" or "RFID device" means a card, wristband, or other item that uses electromagnetic fields, ultra-high frequency radio waves, or other similar technology that automatically and uniquely identifies the user of the device.
(b)Automated Systems Allowed
(1) A permittee licensed for on-premises consumption of alcoholic beverages may offer a patron self-service of beer, cider not exceeding six percent alcohol by volume, or wine from an automated system on the licensed premises.
(2) No permittee shall allow an automated system to be used by patrons without first providing notification to the department of the permittee's intent to use the automated system.
(3) The sale of alcoholic beverages shall be deemed to occur between the permittee and the patron even if service occurs through an automated system.
(4) Every permittee offering a patron self-service through an automated system shall maintain constant video monitoring of the automated system at all times during which the premises is open to the public. The permittee shall keep recorded footage from the video monitoring for at least sixty days and shall provide the footage, upon request, to the department or any authorized law enforcement agent.
(5) A permittee shall offer to a patron who prepays for an RFID device a prorated refund if the patron does not serve himself or herself the full allowable amount of beer, cider, or wine from the automated system.
(c)Requirements for Automated Systems
(1) The automated system shall only be accessible by an activated RFID device that an employee or patron receives from the permittee or the permittee's designee. Each time a patron activates or reactivates the RFID device, the automated system may dispense to the patron an amount up to the quantity limit. The full amount of the quantity limit need not be served at one time. No more than the quantity limit may be served per each activation of the RFID device.
(2) No beer, cider, or wine shall be sold, served, or dispensed from an automated system unless the brand name of the beer, cider, or wine manufacturer's product corresponding to the container from which the beverage is drawn is affixed or imprinted on a card, sign, plate, button, screen, or key of the dispensing spigot or nozzle. The automated system shall prohibit the intermixing of alcoholic beverages of different brands or labels while dispensing.
(3) The automated system shall not dispense from or utilize a container other than the original container as received from the manufacturer or wholesaler.
(4) No automated system shall allow beer, cider, or wine to flow through copper or lead tubing unless such tubing is isolated so that the alcoholic beverage does not come in direct contact with the copper or lead.
(5) The automated system shall be located in the main portion of the barroom or permit premises in an area that is constantly monitored by the permittee and visible to the public.
(d)Requirements for RFID Devices
(1) An RFID device shall be automatically deactivated and rendered unusable by a patron if it:
(A) no longer contains a volume credit or monetary credit, or
(B) has been used to dispense the quantity limit.
(2) The automated system shall prohibit a patron from obtaining different classes of an alcoholic beverage during the same activation. Class, for the purpose of this subdivision, means beer, wine or cider.
(3) The permittee shall maintain the ability to activate and deactivate all RFID devices at any time, and shall store the devices in a secure location that is not freely and readily accessible to patrons.
(4) Each RFID device may only be used during the hours that the premises is allowed to serve alcoholic beverages pursuant to section 30-91 of the Connecticut General Statutes. All RFID devices shall be deactivated upon the conclusion of legal service hours or when the premises closes, whichever occurs first.
(e)Requirements to Access the Automated System
(1) To access the automated system, an employee or a patron shall obtain or activate an RFID device from the permittee or the permittee's designee. A permittee or the permittee's designee shall not issue more than one active RFID device to an employee or patron at any given time and shall ensure that the employee and patron does not share the RFID device with another person.
(2) Before allowing a patron to use an RFID device for the first time on any given day, the permittee or the permittee's designee shall verify that the patron is twenty-one years of age or older based upon a government-issued identification card with a name that matches the name on the patron's debit card, credit card, or mobile payment application. The permittee or the permittee's designee shall record such verification of the patron's age in a print or digital log that shall be kept upon the permit premises for a period of three years from the date of the last entry and shall be available at all times that the premises is open for inspection by the department and any authorized law enforcement agent. Such log may be kept off the permit premises but only with the approval of the department.
(3) The permittee shall not allow an intoxicated patron to access the automated system.
(4) Any patron in possession of an inactive RFID device may, upon production of the patron's valid identification, have the RFID device reactivated a second time and subsequent times to allow another serving of an amount up to the quantity limit. The permittee shall not reactivate the RFID device until the patron's first serving is substantially disposed of or consumed.
(f)Maintenance Requirements for Self-Pour Automated Systems
(1) Beer, cider, or wine pipe lines, barrel tubes, coils, and other appurtenances used for the dispensing of alcoholic beverages through an automated system shall be cleaned at least once a week by the use of a hydraulic pressure mechanism, hand pump suction, or a force clear, or other substantially similar system. After cleaning, the lines and tubes shall be rinsed with clear water until all chemicals, if any have been used, have been removed. A print or digital record card shall be used to record the dates of cleaning. Such card shall be signed by the person who performs the cleaning and countersigned by the permittee. Such card shall be kept upon the permit premises for a period of one year from the date of the last entry and shall be available at all times that the premises is open for inspection by the department and any authorized law enforcement agent.
(2) At least once every thirty calendar days, a permittee shall calibrate the automated system to ensure that each ounce of liquid registered by the system is precisely one ounce of liquid poured. A print or digital record card shall be used to record the dates of calibration. Such card shall be signed by the person who performs the calibration and countersigned by the permittee. Such card shall be kept upon the permit premises for a period of one year from the date of the last entry and shall be available at all times that the premises is open for inspection by the department and any authorized law enforcement agent.

Conn. Agencies Regs. § 30-6-A28

Effective June 24, 1980; Amended March 3, 1995; amended 2/18/2022