Importantly, our Supreme Court has held that "[u]nder the statute[s of the Liquor Control Act (act), General Statutes § 30-1 et seq.], the resolution of factual matters with respect to applications for liquor permits is vested in the liquor control commission and it has a liberal discretion in determining the suitability of a permittee." Brown v. Liquor Control Commission, 176 Conn. 428, 430, 407 A.2d 1020 (1979). "[Section] 30-47 gives to the commission the power to refuse a permit if the applicant appears to be `financially irresponsible'. . . ."
The determination of factual matters with respect to applications for liquor permits is vested in the Liquor Control Commission. Brown v. Liquor Control Commission, 176 Conn. 428, 407 A.2d 1020 (1979). We recognize that the traditional grocery store concept is evolving, however, we must abide by the law as written.
The determination of factual matters with respect to applications for liquor permits is vested in the Liquor Control Commission. Brown v. Liquor Control Commission, 176 Conn. 428, 430, 407 A.2d 1020 (1979); Notaro v. [ Dept.] of Consumer Protection, [Superior Court, judicial district of Hartford/New Britain at Hartford, Docket No. CV 98 0578422 (November 12, 1998, Hartmere, J.) (23 Court. L. Rptr. 243)]. This review includes consideration not only of the 9-item breakdown of sales, but also of other factors such as visual observations, perception, and marketing focus.
The plaintiffs are the permittee and backer of a grocery beer permit issued for Adnan Market, 562 Park Avenue, Bridgeport, Connecticut. The defendant is the Department of Liquor Control ("DLC"), a division of the State of Connecticut Department of Consumer Protection. The DLC issued the permit and supervises the use of such permit. General Statutes § 30-6; Brown v. Liquor Control Commission, 176 Conn. 428, 430 (1979). Following a contested hearing, the DLC found that the plaintiffs had on six specific occasions between September 12, 1996 and September 18, 1997 sold beer during prohibited hours, in contravention of General Statutes § 30-91.
These considerations include the volume of grocery sales, and the floor space devoted to a variety of grocery products, together with the percentage of grocery items in its nine-tier breakdown of sales. The determination of factual matters with respect to applications for liquor permits is vested in the Liquor Control Commission. Brown v. Liquor Control Page 12974 Commission, 176 Conn. 428, 430, 407 A.2d 1020 (1979). Based upon the evidence adduced at the hearing, the Commission finds the Respondent Super Kmart Center is a "grocery store" as defined in Connecticut General Statutes Section 30-20(c).
General Statutes § 30-6. Brown v. Liquor Control Commission, 176 Conn. 428, 430 (1979). Following a hearing, the DLC found that the plaintiffs on December 9, 1995 sold or delivered alcoholic liquor to a minor in violation of General Statutes § 30-86.