Conn. Gen. Stat. § 30-44

Current with legislation from the 2024 Regular and Special Sessions.
Section 30-44 - Mandatory refusal of permit where sale prohibited

The Department of Consumer Protection shall refuse permits for the sale of alcoholic liquor (1) in no-permit towns and (2) where prohibited by the zoning ordinance of any city or town.

Conn. Gen. Stat. § 30-44

(1949 Rev., S. 4262; 1959, P.A. 622, S. 1; 1971, P.A. 599; P.A. 73-44; P.A. 76-347, S. 5; 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. 47, 83; June 30 Sp. Sess. P.A. 03-6, S. 146 (d); P.A. 04-169, S. 17; 04-189, S. 1.)

Cited. 131 C. 262. The word "tavern" as used in ordinance did not necessarily have the same meaning as it does in Liquor Control Act. 133 C. 152; Id., 236. Legislature has not delegated to towns authority to limit, in the guise of a zoning ordinance, the number of liquor outlets in the town as a whole. 134 C. 288. 1,000 foot limitation in a zoning ordinance is not invalid as an invasion of powers of commission. 135 C. 276. Cited. 136 C. 289; 140 C. 566. Provides for mandatory refusal of permits by liquor control commission. 142 C. 569. Appeal re issuance of liquor permit for restaurant adjacent to bowling alley dismissed as moot with enactment of 1959 act. 146 C. 740. Cited. 148 C. 721; 149 C. 291; Id., 680; 152 C. 547; 153 C. 51. Subdiv. (2) prohibits issuance of druggist liquor permit where prohibited by local zoning ordinances. 160 C. 120. Cited. 164 C. 175; 165 C. 185; 177 C. 610. Trial court had incorrectly equated issuance of a "night club liquor permit", allowing sale of alcohol an extra hour where premises already operating under valid liquor permit, with issuance of license to use premises as a "night club". 191 Conn. 528. The duty of commission is nondelegable and it cannot substitute the legal opinion of a town or city clerk for its own findings. 15 CS 200. Constitutionality. 16 CS 298. Commission cannot issue a removal permit which violates local zoning ordinances. Id., 355.

See Sec. 30-52 re requirement that permit specify location and re removal to another location.