AGO 1990-032A.
Court | Connecticut |
(1) What is the proper fee to be charged Connecticut liquor wholesalers who register brands of liquor; the one hundred dollar fee rate applicable to out-of-state shippers or the three dollar rate for Connecticut manufacturers?
(2) If Connecticut wholesalers have been undercharged in the past, can the Department seek repayment?
(3) Is the statutory difference in fee rates between out-of-state and in-state registrants constitutional in light of recent decisions of the Supreme Court of the United States?For the following reasons, we conclude that wholesalers should be charged the one hundred dollar rate applicable to out-of-state shippers, and that the Department can seek repayment for any brands undercharged in the past. We must, however, decline to advise you on the constitutionality of the law. Our reasons for reaching these conclusions are as follows: The Statutory Scheme Brand registration is a pre-requisite for the sale or distribution of alcoholic liquor in Connecticut. Conn. Gen. Stat. e§30-63(a); Reg. Conn. Agencies, Liq. Cont., Sec. 30-6-A35; State ex rel. Am. Distilling Co. v. Patterson, 133 Conn. 345, 347, 51 A.2d 141 (1947); 23 Conn. Op. Atty. Gen. 357 (1944). This requirement has been part of the Liquor Control Act since 1937.2 Under current rules, a registration is required of "any manufacturer, wholesaler or out-of-state shipper." Registration is valid for three years, and it is renewable at the end of that period. The statute setting forth these rules provides as follows:
No holder of any manufacturer, wholesaler or out-of-state shipper's permit shall ship, transport or deliver within this state, or sell or offer for sale, any alcoholic liquors unless the name of the brand, trade name or other distinctive characteristic by which such alcoholic liquors are bought and sold, the name and address of the manufacturer thereof and the name and address of...
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