No building or lot or any portion thereof shall be used for the sale, of alcoholic liquor, beer, ale or wine unless such building or lot is located in a district appropriate for the class of permit sought in accordance with Section 15.8 of these Regulations and shall have been approved by the Zoning Commission. Such approval shall be given only after public hearing and upon the affirmative vote of four or more members of said Commission. In determining whether or not an application shall be approved, the Commission shall take into consideration the proximity of the premises to churches, schools, libraries, public playgrounds or any places frequented by minors, together with the number of premises having permits of any class allowing the sale or consumption of alcoholic beverages in the immediate neighborhood. The Zoning Commission may refuse to approve any location for the sale of alcoholic liquor, wine, beer or ale, if it has reasonable cause to believe that the number of approved locations for all classes of permits in an immediate neighborhood is such that the approval of another location in the locality is detrimental to the public interest. In reaching a conclusion in this respect, the Commission may consider the character of, the population of, the number of all approved permit locations in, the neighborhood concerned, and the effect which a new permit location may have on such neighborhood.
The clerk of the Zoning Commission shall have authority to approve applications for one-day permits for the sale of ale or beer at picnics provided they are not at public parks or beaches. The clerk shall notify the Police Department of such approval prior to its date of use.
No building or lot devoted to a business or use operating under one class of permit shall be changed to any other business or use under another class of permit unless approval of the Zoning Commission is first obtained.
If the holder of any permit issued by the liquor control commission changes the location of the permit, the new location must first be approved as provided in Section 15.1 of these Regulations. If the liquor control commission grants such permit for a new location, the old location shall not again be used for the sale of alcoholic liquor, wine, ale or beer unless it is located in a district where such sale is permitted and complies in all respects with all other provisions of these Regulations. Such certification shall be made as provided in Section 15.7.
When a municipal officer is asked or required under provisions of the Liquor Control Commission Act[1] or any regulation thereunder to certify that the sale of alcoholic liquors, beer, ale or wine is not prohibited by local ordinance or regulation at the location for which an application to the liquor control commission is being made, or for any other purpose in connection with said location, such certification shall be made by the Planning and Zoning Administrator of the Zoning Commission, or in her or his absence the secretary or chairman of said commission, and a copy of such certification shall be filed in the records of such commission. [Effective 10-9-1974]
[1]
Editor's Note: See C.G.S. § 30-1 et seq.
[Amended 7-26-2023, effective 8-17-2023]
No building or lot shall hereafter be approved for the sale as packaged merchandise, for consumption on the premises or otherwise, of alcoholic liquor, wine, beer or ale, except such building or lot be located within a zoning district of the Town in accordance with the following class of permit:
CLASS:
A - Package store and druggist permits may be located in LB, CA, CNC, CF, MA, MB, and MC districts.
B - Hotel permits may be located in CA, CA/TH, LBB and MA/TH districts.
C - Hotel beer permits may be located in CA, CF, and LBB districts.
D - Restaurant permits and cafe permits may be located in CA, CF, LBB, CNC, MA, WF and OPD districts.
E - Tavern permits may be located in CA and CF districts.
F - Club permits may be located in LB, CA, and CF districts.
G - Grocery store permits may be located in CA, CF, LBB, and CNC districts.
H - Restaurant beer and/or wine* permit may be located in CA, CF, LB**, LBB and CNC*** Districts when the parking meets the requirements of the zoning regulations for the building, and the building provides seating for at least 50 persons exclusive of counter area. [Effective - *7-4-1979; **10-28-1979; ***3-28-1982]
I - A restaurant or cafe permit may be located in an WF district on property containing a mixed use within the WF District as defined under Section 8.3 of the Zoning Regulations, subject to the following condition(s):
a)
Such restaurants or cafes must provide meals, with the service of alcoholic beverages being secondary to the service of meals.
b)
As an accessory or incidental use, such restaurants or cafes may have one bar/lounge area which occupies no more than 20% of the total patron area of the establishment [Effective 12-2-1995]
J - A bowling establishment permit may be located in a CA or an MA district. [Effective 3-23-1982]
K - A restaurant permit for catering establishment may be located in CA Districts or in any district in which a catering establishment is now located.
L - A restaurant permit may be granted to an establishment located in a district not conforming to the zone in which it is currently located provided said establishment has seating for at least 50 persons (exclusive of counter area), has been in continuous existence for a period of 30 years prior to the effective date of this section, all music and entertainment shall be confined to the interior of the building and not heard off the premises, and, at the discretion of the Zoning Commission, a service bar with no seating be permitted. [Effective 10-23-1994]
M - A full restaurant liquor permit may be located on unzoned railroad property in which a restaurant, on property leased from the Town of Stratford, is now located. [Effective 6-16-1987]
N - A restaurant-theater permit may be granted to an establishment which has a current full liquor restaurant permit and is adjacent and/or contiguous to an existing theater provided said establishment has seating for at least 50 persons (exclusive of counter area) and both have been in continuous existence for a period of 30 years prior to the effective date of this section. The consideration of an application for a restaurant-theater permit shall be governed by the provisions of Section 20.2 of these Regulations. [Effective 10-30-1984]
O - A golf country club permit may be granted to a golf course located in an approved residential open space development. The dispensing of alcoholic beverages shall be limited to the clubhouse only.
P - A restaurant and/or restaurant beer/wine permit may be located in a CA/TH, MA/TH and WF/TH District subject to the following conditions:
a)
Such permits shall be carried on within a restaurant which must provide meals, with the service of alcoholic beverages being secondary to the service of meals.
b)
As an accessory or incidental use, restaurants with such permits may have one bar/lounge area which occupies no more than 20% of the total patron area of the establishment.
Q - In a MA district, a brewery with a manufacturer's permit for beer and/or a brewery with a brewpub permit, permitting the sale of packaged beer for off-premise consumption as well as the sale of beer for consumption on the brewery premises.
R - A distillery with a manufacturer of spirits permit, or a distillery with a manufacturer of spirits permit and a Connecticut craft cafe permit in CA and MA Districts, permitting the manufacture and sale of packaged Connecticut-manufactured spirits for off-premises consumption as well as for consumption on the distillery premises.
[Effective 5-18-2022]
The approval of location for any type of permit under Section 15 is conditional upon the subsequent issuance of a permit for the location by the State Liquor Control Commission. Failure to obtain such permit within 18 months from date of approval shall restore the location to its former status.
Any application for the enlargement, extension, or alteration to any class of permit as defined by Section 15.8 shall be special case, subject to the provisions of Section 20.2 of these Regulations.
Shopping centers containing five or more stores where the land, buildings and required parking are under one management or ownership may be permitted, upon petition of said owner or manager, and upon approval by the Zoning Commission, to have one Class A permit if such shopping center contains over 80,000 square feet of lot area and provided that any shopping center shall not have more than one package store permit.
Notwithstanding Sections 15.1 and 15.8 of these Regulations, the retail sale of alcoholic liquor may be permitted on the premises of this nonprofit theater only, provided that the liquor is consumed on its premises by patrons on any day on which a performance is given, and provided further that the proceeds derived from such sales, except for operating costs, shall be used in furtherance of the charitable, literary and educational activities of such theater. The consideration of an application for a nonprofit theater permit shall be governed by the provisions of Section 20.2 of these Regulations. [Effective 9-4-1976]