(a) Every permit for the sale of alcoholic liquor shall specify the town and the particular building or place in such town in which such liquor is to be sold, and shall not authorize any sale in any other place or building. Such permit shall also be made revocable in terms for any violation of any of the provisions of this chapter. Notwithstanding the existence of any local zoning ordinance or general statute prohibiting or affecting the establishment or removal to a new location of an alcoholic liquor use within certain specified distances of other alcoholic liquor uses of the same or different kinds, the Department of Consumer Protection, in cases of hardship and in cases caused by reason of the commencement of an eviction action against such permittee from the particular building or place in such town specified in such permit, may endorse upon such permit permission to the permittee to remove from one building or place in any zone to another building or place in a proper business or industrial zone, and the permittee shall thereupon be authorized to remove to such new location with such permit. The applicant for such permission shall specify the building or place to which he wishes to remove, and such new location shall comply with all other provisions of the local zoning ordinances or general statutes except as hereinbefore provided; and such permittee shall be allowed to move such permit premises only within a radius of seven hundred fifty feet of the old permit premises. The removal of the permit premises from the particular building or place specified in the permit without the approval of the department shall be grounds for the suspension or revocation of the permit. In such cases an appeal from an order refusing permission to remove may be taken in accordance with the provisions of section
30-60. If the site of any permit premises is taken or threatened to be taken in the exercise of the power of eminent domain, the department may authorize the relocation of such permit premises to a new location, any local ordinance or general statute notwithstanding, provided such new location is zoned for business use and is within a radius of seven hundred fifty feet from the point, on the boundary of the overall site of the proposed taking, nearest to the site of such permit premises.
(b) Nothing in subsection (a) of this section or section 30-14a, shall be construed as prohibiting the department from permitting the removal of such permit premises to any location, including a location in another town, for any reason, provided: (1) Removal to the proposed location complies with local zoning laws as required by section 30-44, (2) the proposed location is not found to be unsuitable or prohibited by any other provision of this chapter, except that a removal to a location in another town may be authorized only if such removal complies with the provisions of section 30-14a provided, in any case in which the department finds that the permittee has provided evidence satisfactory to the department that the permittee is unable to secure a renewal or extension of his lease and that the premises are to be demolished by their owner, and that the permittee is unable to find, after reasonable efforts, a suitable location for removal of the permit premises within the town in which the permit premises are located, have created a hardship, the department may waive the maximum permit limit provided by said section 30-14a and allow the removal of the permit premises to an adjacent town.
(c) Any action taken by the department authorizing the removal of such permit premises prior to June 27, 1985, is hereby validated.
(1949 Rev., S. 4269; 1955, S. 2164d; 1961, P.A. 468; February, 1965, P.A. 177; P.A. 75-641, S. 15; 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. 85-361, S. 2, 3; P.A. 88-78, S. 1, 2; P.A. 93-139, S. 53; P.A. 95-195, S. 53, 83; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: 1961 act changed the area limitation for relocation where the site of the permit premises is taken by eminent domain and broadened the bases for granting permission to move premises; 1965 act changed area limitation for relocation to new premises from 500 feet to 750 feet from old permit premises; P.A. 75-641 replaced previous provision stating that “the law concerning appeals from commission's doings shall apply” to cases of “refusal of permission to remove” with provision specifying that appeals may be taken in accordance with Sec. 30-60; 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. 85-361 added Subsec. (b) which allowed the removal of permit premises and Subsec. (c) which validated the actions of the department of liquor control in allowing the removal of such premises; P.A. 88-78 amended Subsec. (b) concerning the removal of permit premises to other towns; P.A. 93-139 made technical changes; P.A. 95-195 amended Subsec. (a) by substituting 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.
Cited. 127 C. 722; 137 C. 23; 150 C. 427. In order to receive injunctive relief, taxpayers must allege and prove irreparable injury, not mere aggrievement; constitutionality upheld. 151 C. 414. Cited. 153 C. 314. Plaintiff's appeal sustained where defendant board granted variance without stating reasons for permitting liquor store within 1,500 feet of fifteen other liquor stores contrary to Bridgeport zoning regulations. 155 C. 500. Regulations of town zoning authority may adopt more liberal standard where hardship, such as redevelopment taking of existing locations, exists. 156 C. 287. Cited. 163 C. 240; 189 C. 153; 191 C. 528.
Cited. 2 CA 628; 5 CA 432; 8 CA 12.
Violation must be affirmatively established. 4 CS 350. Cited. 5 CS 418; 16 CS 355.
Notes of Decisions
Breen v. Dep't of Liquor Control, 481 A.2d 755 (Conn. App. Ct. 1984).
· cites it 32× “This appeal 1 presents the question of whether the power of the department of liquor control (department) to authorize the removal of a liquor store permit premises is limited by the provisions of General Statutes § 30-52. We hold that it is.”
P. X. Restaurant, Inc. v. Town of Windsor, 454 A.2d 1258 (Conn. 1983).
· cites it 11× “After a hearing before the liquor control commission, the department granted this application pursuant to the provisions of General Statutes § 30-52. 1 *155 The commission found that the town of Windsor had acquired the premises located at 422 Windsor Avenue in 1975 through…”
Karp v. Zoning Bd., 240 A.2d 845 (Conn. 1968).
· cites it 20× “It has been recognized not only in General Statutes § 30-52, the statute which the plaintiffs claim is in *292 conflict with the amendment, but in our case law that the taking of permit premises by eminent domain is an "exceptional circumstance"; that it may be a proper…”
Stapleton v. Lombardo, 198 A.2d 697 (Conn. 1964).
· cites it 5× “After the decision, the Lombardos carried out their declared intention to seek the liquor control commission’s approval of the removal of their restaurant liquor permit to a new location under the 1961 amendment to General Statutes § 30-52. Public Acts 1961, No.”
Town of Greenwich v. Liquor Control Comm'n, 469 A.2d 382 (Conn. 1983).
· cites it 2× “Restaurant, we were called upon to consider General Statutes § 30-52 which concerns the circumstances of the removal of a permit to another location including, as occurred in that case, removal because of the threat of the exercise of the power of eminent domain.”
Garibaldi v. Zoning Bd. of Appeals, 303 A.2d 743 (Conn. 1972).
“The G-eneral Assembly by amendments to § 30-52 of the Ueneral Statutes and Norwalk by amendment to its zoning regulations 1 have taken legislative steps to afford a measure of relief to liquor permit-tees whose premises have been taken by eminent domain.”
Dadiskos v. Liquor Control Comm'n, 190 A.2d 490 (Conn. 1963).
“, §§ 30-52, 30-57, 30-58, 30-67; precludes the commission from adding any other grounds by regulation.”
Stapleton v. Zoning Bd. of Appeals, 183 A.2d 750 (Conn. 1962).
· cites it 7× “In brief and argument in this court, the parties discussed the effect of General Statutes §30-52, which, before it was amended in 1961, provided that, notwithstanding a zoning regulation prescribing minimum distances between liquor outlets, the liquor control commission “in…”
Maraczi v. Zoning Bd. of Appeals, 234 A.2d 824 (Conn. 1967).
· cites it 2× “11 (1960, as amended). The sole ground of hardship claimed was that the applicant’s former location had been condemned by the Bridgeport redevelopment agency and that there was no other location within 750 feet of it to *502 which a move permitted under General Statutes § 30-52…”
Selmquist v. Dep't of Liquor Control, 509 A.2d 564 (Conn. App. Ct. 1986).
· cites it 6× “The principal claim of the plaintiffs is that General Statutes § 30-52 bars the removal authorized here.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.