The JJS Consulting Group LLC

02/20/2025

February 19, 2025
Speaking Easy
Resolving Summary Suspensions from 2024
In calendar year 2024, Commissioner Cafferelli of the Department of Consumer Protection summarily suspended the liquor permits of five (5) liquor establishments, effectively shutting their doors, until their matters were resolved by a hearing or mutual agreement.
All but one of the establishments was the scene of violence within their premises, evidencing a lack of appropriate control and management of the bars or restaurants. The fifth business was a liquor store, allegedly involved in illegal narcotics and gambling by employees in the store.
In order to lift the suspensions, the department conducted a review of the business practices of the various businesses, and came up with strategies that would address the problems and hopefully stem the incidences of violence within these licensed premises.
A review of the agreements show some common strategies that bar and restaurant owners were required to adopt and can serve for a model for all bar owners to replicate as a preventive strategy:
1. Increased cooperation and collaboration with local police relating to fights and disturbances, and the proper response, and use of police officers, where appropriate;
2. Use of properly licensed and bonded private security to enhance internal security;
3. Installation and use of on-premise surveillance capability and the willingness to share with local police and regulatory agencies;
4. Written and advertised policies on dress codes, “last call” protocols;
5. Written policy on the use of promoters and their cooperation with local law enforcement and liquor agents;
6. Strict adherence to the occupancy rates for the premise;
7. Written policy for the use of “wanding” equipment, bag searches, and ensuring that signs are posted for patrons to know of these security measures;
In each of the bars and restaurants, the businesses were closed from 10 days to 30 days, until such time that the agreements were in place, and that follow up was conducted by state liquor agents and local police.
These security measures serve as “best practices” for our liquor permittees as they review their business operations.

02/06/2025

Speaking Easy

DCP Recommends the Removal of Legal Notice Requirements for Liquor Permits
“Never Argue with Someone Who Buys Ink By the Barrel”
DCP- Hold My Beer

Throughout the years, the Department of Consumer Protection (DCP) and its Liquor Control Division have sought to streamline the liquor permitting process, reduce the number of various permit types by consolidation where possible, reduce the paperwork and transition to an online electronic portal for many of its functions. For the most part, those efforts have been well-received by the liquor industry, local governments, community members, and other stakeholders.

At the start of each legislative session, state departments submit proposed legislation for consideration. As it relates to the Liquor Control Act (Title 30), the Liquor Control Division has proposed ten amendments to Title 30 on various subjects ranging from the role of law enforcement, grocery beer permit calculations, creation of a mobile bar permit, and allowing managed residential communities (assisted living facilities) to qualify for a liquor permit.

Today, we are going to discuss another proposed change-- how communities learn about pending liquor permits in their community. Currently, once an application has been filed and accepted by the department, a placard is issued that requires the liquor permit applicant to post a 6’X 4’ sign adjacent to the road by the proposed premises. That sign identifies the proposed applicant, owner of the business, type of permit, and whether any live entertainment is being sought and, if so, the type of entertainment. The sign must be maintained for a certain number of days to allow for the public to become aware and to object to the issuance of the permit, if warranted.

In addition, the applicant is required to post two legal notices in the local newspaper which provides the same information to its readership.

The department is proposing that the publication of the two newspaper notices be repealed, but that the outdoor signage, where it is required, be maintained.

Each year, the department receives and processes between 975-1,000 new liquor permit applications for restaurants, bars, grocery stores, package stores, breweries, wineries among others. Currently, all of these permit types require the legal notice requirements.

The cost of two legal notices varies, ranging from approximately $145.00 up to around $200.00, depending on the geographic area of the state.

In support of this proposed legislation, the department has stated that its proposals will “reduce burdens on department operations and industry participants.” It is likely that anecdotal evidence will be offered in support of this change in the notification process.

Who may oppose this change in the law? It is likely to be some members of a community who rely on legal notices for information on a range of subject matter topics like zoning hearings, zoning text amendments, probate matters, and schedules of municipal meetings.

It is highly likely that the newspaper publishers will strenuously oppose this change in the notification process, citing “right to know” issues. Supporters of the current notification system will argue that the system is working just as it is intended, and not in need of a “fix”. Probably not mentioned, but a real consideration, would be the economic loss for these publishing outlets. Based on the amounts charged and the number of such legal notices annually, the publishers could lose up to $200,000.00 annually in fees.

You can be assured that there will be intense lobbying on both sides of this issue before the General Law Committee of the state legislature. We’ll see how far this particular proposal is received by committee members. I’d be surprised if it receives a favorable reception, but we’ll keep you informed going forward.

For more information on this subject or any liquor-related matter in Connecticut, feel free to reach out to The JJS Consulting Group at [email protected].

11/20/2024

Speaking Easy

Thanksgiving Day Reminder
“I cook with wine, sometimes I even add it to the food”- W.C. Fields

As we all prepare for our Thanksgiving Day dinner with family and friends, this is a reminder to all that in Connecticut,
package stores will be closed and grocery stores, while allowed to be open, cannot sell beer.

By law, package stores have to remain closed on Thanksgiving Day, November 28, 2024. By law, grocery stores that have a grocery beer permit may remain open, but beer sales are prohibited.

Get your shopping done ahead of time if possible.

As always, if you would like to know more about this topic or any liquor-related issue affecting the Connecticut liquor industry, please feel free to reach out to The JJS Consulting Group.

11/15/2024

Speaking Easy
Nipping Nips…Not So Fast

As you drive along Connecticut’s streets and highways, it is not uncommon to see litter on the sides of the roads. It can be food wrappers, soda cans, cigarette butts, and alas, it can be “nips”. What are nips? Nips are the small, 50 ml bottles of alcoholic liquor that are sold in Connecticut’s package stores.

Because of their small size, recycling machines were not designed to handle such tiny bottles. Accordingly, they were and are being discarded on our streets, parks, and neighborhood yards.

In 2021,the legislature, at the urging and with the support of the CT liquor industry, passed the “Nickel for Nips” legislation, mandating that package store charge customers an environmental fee of $0.05 cents for each and every nip sold in their store. Every six months, those monetary returns are returned to the cities and towns wherein the nip was sold.

In the three years since the program was implemented, more than $13.5 million dollars has been returned to our municipalities and are supposed to be used for environmental purposes, including litter reduction.

Within the last reported six month period (April 1, 2024 through September 30, 2024), more than $2,442,100.00 was returned to Connecticut local governments. That corresponds to the sale of 4,842,017 “nips” being sold in that period. For some local, “mom and pop” package stores, that is a significant part of its business model.

However, this past year, a bill was introduced in the legislature, House Bill 5215, that would allow municipalities to prohibit the sale of “nips” in their communities. A February public hearing was held, giving both proponents and opponents of the bill the opportunity to submit written testimony and be heard in the Environment Committee of the legislature. While the bill did not get a vote in the Environment Committee, the issue is likely to be revisited in the upcoming legislative session.

Rather than just banning the sale of nips, however, perhaps the current law could be the subject of a “nip and tuck” (pun intended). While it is true that some towns have used their funds for direct clean-up efforts, it seems that some towns may not have used their funds appropriately or even at all. It would not seem too burdensome for towns to report to the Environment Committee, on an annual basis, how they are using the funds for the cleanup of litter, and tighten the legislation to state that the funds are to be used for the eliminating litter instead of just any environmental purpose.

As always, if you would like to know more about this topic or any liquor-related issue affecting the Connecticut liquor industry, please feel free to reach out to The JJS Consulting Group.

09/04/2024

SPEAKING EASY

September 4, 2024

Would you like a Chardonnay with those Fries?

Tucked away in a 141-page consumer protection bill that was enacted by the legislature and signed by the governor this past spring was an amendment to the Liquor Control Act allowing patrons to order alcoholic beverages from a service counter, similar to what you would experience at a fast food joint like McDonalds or Wendy’s, or even a Chick Fil-A.

Section 70 of this voluminous bill, which became Public Act 24-142 stated that, in relevant part, that “a consumer service bar is a counter, without seats, at which a patron may purchase alcoholic liquor, but for which the primary function is to facilitate the purchase of food. Alcoholic liquor may be served to a patron across the consumer service bar, but no patron shall sit or consume alcoholic liquor or food at the consumer service bar. Minors may stand at a consumer service bar for the purpose of ordering and receiving food.”

This update to the manner in which patrons can legally acquire alcoholic beverages from licensed restaurants and bars is just the latest improvement for the Connecticut liquor hospitality industry; it was relatively recent that automatic self-pour systems for beer, wine, and cider were allowed, and are starting to appear in area restaurants and cafes.

In no way does this allow for minors to be able to order or be served alcoholic beverages. It allows them to be at the service counter solely for the purpose of ordering food.

For more information about this or any other liquor-related issue, feel free to reach out to The JJS Consulting Group.

08/23/2024

SPEAKING EASY--“WHEN IT RAINED, IT POURED”

Last week, certain counties within Connecticut suffered catastrophic and historic rainfall resulting in extreme and devastating flooding. Within a few days after that rainfall, Governor Lamont declared a state Civil Preparedness Emergency and requested that the federal government declare a federal emergency for Fairfield County, New Haven County, and Litchfield County. It was estimated that almost 16 inches of rain fell in 6-8 hours, resulting in widespread flooding, emergency evacuations, flooded homes and businesses, and even the loss of life.

The Department of Consumer Protection’s Liquor Control Division (Department) became aware that businesses holding liquor permits in the impacted areas were either closed due to flooding, unable to open due to road closings, or experienced dramatically reduced patronage due to the impacts of this historic flooding.

The Department noted that the reduced business operation impacts liquor permit holders’ ability to pay wholesaler invoices for alcoholic beverages within the thirty-day period required by law.

Accordingly, and consistent with the state mandated law “ to generally do what is reasonably necessary for the carrying out of the intent” of the Liquor Control Act and its regulations, the Department extends the 30-day alcoholic liquor wholesale credit period for alcoholic beverages as follows:

The extension applies to all on- and off-premises retail permittees in Monroe, Newtown, Oxford, Seymour, Southbury, Weston, and Wilton (including, but not limited to, package stores, grocery stores, restaurants, cafes, and craft cafes).

All alcoholic liquor invoices received on credit and due and owing on any date between and including August 18 through August 31 shall receive a 21-day extension on payment if desired by the retail permit holder.

If any retail permittee in Fairfield County, New Haven Cunty, and Litchfield but not located in any of the above-mentioned towns, has been closed or had their business substantially impacted by the August 18 flooding, it may reach out to the Department for permission to receive the 21-day extension. All such requests will be reviewed by the Department. Permit holders should be prepared to present supporting documentation (photos), and all such requests must be filed on or before August 31.

Such requests should be emailed on or before August 31 to [email protected]

The initial response to this directive from the Department has been generally positive by the liquor industry in Connecticut. The last time that the Department allowed for a retail credit extension was at the beginning of the outbreak of the Covid-19 in Connecticut.

It is expected that the Department will update liquor permit holders on return policies for wholesalers and retailers as a result of what is expected to be significant loss and damage to alcoholic liquor product.

If would like additional information, or would like our assistance, please feel free to reach out to the JJS Consulting Group at 203-246-1971 or [email protected]

07/07/2024

SPEAKING EASY
Emerging To***co Products in CT Package Stores?
"Don't Hold Your Breath"

Over the past few weeks, we have been asked by package store owners whether electronic ci******es (e-cigs) or ni****ne pouches may be sold ni their stores. Owners are surprised to learn that we tell them "No". They argue that electronic ci******es and ni****ne pouches are "just like" ci******es and ci**rs.

Why can't they?

The selling of commodities, other than alcoholic liquor, is strictly limited by statutes in Connecticut's package stores. Among the products that may be sold are ci******es and ci**rs.

In May 2021, the Department of Consumer Protection (DCP) Liquor Control Division reaffirmed that the categorization of ci******es required to***co. This affirmation was made as a result of a question concerning electronic ci*****es and licenses (Electronic Ni****ne Delivery Systems (EGD-1900 form) erroneously granted by DCP. The department's position was reaffirmed as recently as two weeks ago.

Under federal guidelines, the Food and Drug Administration (FDA) has indicated that the word "cigarette" means (1) a product that (i) is a to***co product and (ii) meets the definition of the term "cigarette" in section 3(1) of the Federal Cigarette Labeling and Advertising Act; and (2) includes to***co, in any form, that is functional in the product, which, because of its appearance, the type of to***co used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or as a roll-your-own to***co. In addition, the FDA has indicated that "cigar" means a to***co product that (1) is not a cigarette and (2) is a roll of to***co wrapped in leaf to***co or any substance containing to***co.
As recently as May 2024, the Connecticut Department of Public Health issued a "fact sheet" specifically on the subject of "Ni****ne Pouches".

The advisory notes that ni****ne pouches are "an emerging ni****ne product that are small porous, teabag-like products that contain ni****ne, cellulose, water, flavoring, and sodium carbonate and are placed inside the mouth between the lip and gum."

Users of such ni****ne pouches, like the products Zyn, On!, Velo and similar ni****ne pouches, absorb the ni****ne through the lining of 'one's mouth. These pouches are available in a range of strengths, typically between 1.5 and 8mg of ni****ne per pouch. Most brands contain non-to***co ni****ne, referred to as synthetic ni****ne- a type of to***co-free ni****ne created in a lab and not derived from to***co leaves.

To allow for package stores to be able to sell ni****ne pouches and even electronic delivery systems would require legislative action. It would likely have to successfully pass in both the General Law Committee and the Public Health Committee, an outcome that would be difficult at best, and likely be unsuccessful.

Don't hold your breath waiting for this to happen.

We know that you may be wondering... what can they sell other than booze? Package stores in Connecticut may sel "(A) ci******es and ci**rs, (B) publications, (C) bar utensils, including, but not limited to, corkscrews, beverage strainers, stirrers or other similar items used ot consume, or related ot the consumption of, alcoholic liquor, (D) gift packages of alcoholic liquor shipped into the state by a manufacturer
or out-of-state shipper, which gift packages may include nonalcoholic items, other than food or to***co products, if the dollar value of the nonalcoholic items in such gift package does not exceed the dollar value of the alcoholic items in such gift package, (E) complementary fresh fruits used in the preparation of mixed alcoholic beverages, (F) cheese, crackers or both, (G) olives, (H) nonalcoholic beverages, I ) concentrates used in the preparation of mixed alcoholic beverages, (J) beer and wine-
making kits and products related to such kits, (K) ice in any form, (L) articles of clothing imprinted with advertising related to the alcoholic liquor industry, (M) gift baskets or other containers of alcoholic liquor, (N) multiple packages of alcoholic liquors, provided in all such cases the minimum retail selling price for such alcoholic liquor shall apply, (O) lottery tickets authorized by the Department of Consumer Protection, if licensed as an agent to sell such tickets by the department, (P) devices and related accessories designed primarily for accessing and extracting a
beverage containing alcohol from prepackaged containers, including, but not limited to, pods, pouches or similar
containers, but excluding devices, including, but not limited to, household blenders, that are not designed primarily
for such purposes, (Q) alcohol-infused confections containing not more than one-half of one per cent of alcohol by
weight and which the commissioner has approved for sale under section 21a-101, and (R) gift baskets containing
only containers of alcoholic liquor and commodities authorized for sale under subparagraphs (A) ot (Q), inclusive. of this subdivision." (source section 30-20 CGS)
If you would like additional information on this or any liquor-related topic affecting the Connecticut liquor industry, please feel free to contact The JJS Consulting Group, LLC.

This blog presents general information only. The information you obtain at this site is not, nor is it intended to be, legal advice, and you should not conside or rely on ti as such. You should consult an attorney for individual advice regarding your situation.

05/11/2024

Speaking Easy

The best things in life are free, but sooner or later the government will find a way to tax them.

All Connecticut businesses currently selling THC-infused beverages must take inventory of all products in their possession on May 14, 2024. A report of that inventory and a $1 per container fee are due to the Department of Consumer Protection by June 14, 2024.

THC-infused beverages are non-alcoholic drinks that contain THC. According to an advisory issued by the Department of Consumer Protection, THC might be displayed as “hemp-derived:, Delta-8, Delta-9, Delta-10, THCA, HHC or similar words.” It is recommended that if businesses are unsure whether they have a THC-infused beverage, they should contact their supplier.

Businesses in possession of previously-allowed THC-infused beverages may sell those products through June 30, 2024 only if they complete the required inventory and pay the appropriate fee .

After July 1, 2024 only licensed cannabis retailers and package store permittees may sell THC-infused beverages.

After October 1st, THC-infused beverages sold by package stores and cannabis retailers are restricted, and may contain no more than 3 mg of THC per 12-ounce container.

For package stores and cannabis retailers already licensed by the Department of Consumer, you are directed to log into your eLicense account and use the “License Maintenance” function at the top of their screen.

All other businesses will be able to file their report and pay the related fee starting May 14th by logging into an existing account or creating a new eLicense account and filing a THC-Infused Beverage Report.

The JJS Consulting Group stands ready to assist businesses, especially our package store permittees in Connecticut.

(203) 246-1971

[email protected]

01/02/2024

“You Can Teach An Old Dog New Tricks”
Connecticut Liquor Permit Applications Go Online in 2024.

The era of paper liquor applications is coming to a close. For those who prepare and apply for liquor permits in the new year, the filing of paper applications will not be allowed in a few days.

Beginning January 1, 2024, applications for all types of liquor permits in Connecticut must be electronically filed online with the Department of Consumer Protection – Liquor Division (“Liquor Division”). This includes all supplemental forms, documents and information required for all classes of permit applications.

Local municipal signatures, such as town clerk, zoning and fire marshal, will still be required for applications. The Liquor Division created a new form for applicants to use and upload with those signatures as part of the on-line application process.

The Liquor Division has also created a “permit selector quiz” that identifies all on- and off-premises permits to help applicants select the permit that best suits their needs. In addition, the division provides a glossary of commonly used application words and their meanings.

For more information about the online application process, including instructions on how to create an eLicense account, how to access the application and the types of forms and documents required, visit: https://portal.ct.gov/DCP/Liquor-Control-Division/Liquor-Permit-Applications-and-Forms.


If you would like to learn more about this topic or other liquor-related matters, please feel free to contact John “Jack” Suchy at (203) 246-1971 or email at [email protected]
Next

09/11/2023

https://portal.ct.gov/-/media/DCP/LIQUOR_CONTROL/Latest-Liquor-News-Alerts/Beer-Lines-Two-Weeks.pdf

07/13/2023

Connecticut has created opportunities for beer festivals to thrive, for both nonprofit and for-profit organizations.

Once ubiquitous and popular, major festivals are vanishing from the calendar.

06/17/2023

Speaking Easy

June 16, 2023

A Win for Connecticut’s Restaurants and Bars

Recently, the Connecticut Legislature passed and Governor Lamont signed into law, House Bill 6548, making “alcohol to go” a permanent offering for Connecticut’s on-premises locations.
Under the law, alcoholic beverages may leave bars and restaurants as long as they are part of a food order. Further, any alcoholic liquor sold for off-premises consumption must be accompanied by food orders prepared on the restaurant’s or bar’s premises.

Such alcoholic liquor is to be given to a consumer in a securely sealed container that prevents consumption without the removal of a tamper-evident lid, cap, or seal. To clarify, a securely sealed container cannot include a lid with sipping holes or openings for straws. The container must then be placed in a bag prior to removal from the permit premises.

The “alcohol to go” legislation was supported by the Department of Consumer Protection, the Connecticut Restaurant Association, the Distilled Spirits Council, and others during this past legislative session. The prior version of this legislation was set to expire on June 5, 2024.
You may recall that during the pandemic, Governor Lamont issued an executive order allowing “drinks to go,” a measure that was well-received by the restaurant and hospitality industry.

If you would like to learn more about this topic, or any liquor-related matter, please feel free to contact The JJS Consulting Group at 203-246-1971.