Connecticut General Statutes/Title 30/Chapter 545/Section 30-55

CGS § 30-55. Revocation, suspension or placing conditions on permits and provisional permits. Fine. Hearing.

(a) The Department of Consumer Protection may, in its discretion, revoke, suspend or place conditions on any permit or provisional permit or impose a fine of not greater than one thousand dollars per violation, upon cause found after hearing, provided written notice of such hearing has been given to the permittee, applicant, backer or proposed backer in accordance with the provisions of chapter 54.

(b) The surrender of a permit or provisional permit for cancellation, the withdrawal of an application or the expiration of a permit shall not prevent the Department of Consumer Protection from suspending or revoking any such permit pursuant to the provisions of this section.

Short History

(1949 Rev., S. 4272; February, 1965, P.A. 259; 1967, P.A. 316; 1969, P.A. 128; P.A. 77-438, S. 5; 77-603, S. 18, 125; 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. 93-139, S. 54; P.A. 95-195, S. 55, 83; P.A. 97-175, S. 7; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 06-94, S. 3; P.A. 19-177, S. 10; P.A. 21-37, S. 87; P.A. 24-142, S. 67.)

Long History

History: 1965 act prohibited suspension or revocation of permit for violations of chapter in cases where permittee was finally found not guilty; 1967 act protected permittee from suspension or revocation of permit where “his servant or agent” was finally found not guilty and prohibited taking “disciplinary action” after finding of not guilty against backer, servant or agent; 1969 act extended protection from suspension, revocation and disciplinary action in cases which were dismissed; P.A. 77-438 prohibited commission's initiation of hearing proceedings based upon arrests which have not resulted in convictions; P.A. 77-603 replaced previous appeal provisions with provision requiring that appeals be made in accordance with Sec. 4-183; 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. 93-139 added Subsec. (b) allowing the department to suspend or revoke a permit even if such permit was surrendered for cancellation or expired; P.A. 95-195 substituted Department of Consumer Protection for Department of Liquor Control, effective July 1, 1995; P.A. 97-175 added reference to provisional permit in Subsecs. (a) and (b) and made technical changes; 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; P.A. 06-94 deleted provisions in Subsec. (a) prohibiting suspension or revocation of permit or disciplinary action in cases where permittee or his servant or agent was finally found not guilty by, or received dismissal in, a court having jurisdiction; P.A. 19-177 amended Subsec. (a) by replacing “revoke or suspend any permit or provisional permit” with “revoke, suspend or place conditions on any permit or provisional permit or impose a fine of not greater than one thousand dollars,”, and making conforming changes; P.A. 21-37 amended Subsec. (a) by adding “per violation” after $1,000 and adding references to “condition”, effective July 1, 2021; P.A. 24-142 substantially amended Subsec. (a) including by adding provisions re applicants, backers and proposed backers and substituting provision re procedure under Ch. 54 for existing provisions setting forth procedure, amended Subsec. (b) by adding provision re withdrawal of application, and made technical and conforming changes, effective June 6, 2024.

Citations

Cited. 123 C. 35. Revocation because of sale by employee to a minor not abuse of discretion. 124 C. 689. Cited. 128 C. 163. Revocation because of persistence in violating law while hearing pending is not arbitrary or unreasonable. 137 C. 327. Cited. 148 C. 649; 149 C. 64. Gives commission broad powers of revocation and suspension. Id., 652. Where permittee was posted 21 times as delinquent in payments and had issued checks in payment dishonored on 5 occasions, commission could find him financially irresponsible despite his substantial equity in permit premises. Id., 653. To justify revocation or suspension of permit, evidence before commission need not establish guilt of permittee beyond a reasonable doubt; issue is whether permittee is a suitable person. 150 C. 422. Enumeration in Liquor Control Act of several grounds for revocation does not prevent commission from adding other grounds by regulation. Id. Commission is not required to base its decision on any one of several alleged grounds; it can consider whether they individually or all together warrant a revocation. Id. Former statute: Ultimate acquittal on criminal charge is immaterial. Id., 473. Dismissal of criminal charge under Sec. 30-86 not res judicata re commission hearing. 151 C. 524. Cited. 239 C. 599.

Suspension of permit proper when based upon an illegal sale by an employee. 9 CS 26. Cited. 14 CS 491.

See Also

See Sec. 12-450 re suspension of liquor permit for failure to pay taxes or to perform acts or duties imposed under statutes relating to taxation.

See Sec. 30-60 re appeal procedure.

See Sec. 30-67 re violations which constitute grounds for suspension or revocation of permits.

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