City of Danbury v. Corbett
City of Danbury v. Corbett
Opinion of the Court
The plaintiff city brought this action against the defendants, seeking a declaratory judgment that the sale of alcoholic liquor in the grocery store of the defendant First National Stores, Inc., is in violation of the ordinances of the city, and an injunction restraining such sale. The court rendered judgment for the plaintiff and the defendants have appealed.
The parties entered into a stipulation of facts which may be stated briefly. In April, 1936, the city of Danbury legally adopted an amendment to § 1 of its zoning ordinance which added the following definitions: “(v) A ‘Tavern’ is a place where beer or
When the amendment to the ordinance was passed in April, 1936, the State Liquor Control Act pro-
In 1947, the legislature again plainly indicated its intent to deal with the retail sale of beer in grocery stores in a separate manner when it amended § 1030c of the 1935 Cumulative Supplement by providing that “(c) a grocery store beer permit may be granted
The defendants’ rights must be determined upon the law as it stood when the permit was issued by the commission. Newington v. Mazzoccoli, 133 Conn. 146, 150, 48 A.2d 729; Hart v. Board of Examiners, 129 Conn. 128, 131, 26 A.2d 780. Their application was granted October 27, 1950, and presumably was filed shortly before that date. The city’s claim that its rights should be determined by the ordinance and statutes of 1936 is untenable. The defendant store is not a package store under the ordinance because it is not “a place where beer or alcoholic liquor is sold under a package store permit issued by the State Liquor Control Commission.”
The plaintiff contends that the definition in the ordinance includes the backer’s premises. It argues that the framers of the ordinance intended that its definition of a package store as “a place where beer or alcoholic liquor is sold under a package store permit issued by the State Liquor Control Commission” would include “all types of package store permits, notwithstanding any different designations or classifications which might thereafter be made by the General Assembly or the Liquor Control Commis
There is error, the judgment is set aside and the case is remanded with direction to render judgment for the defendants.
In this opinion Jennings and O’Sullivan, Js., concurred.
Dissenting Opinion
(dissenting). The majority opinion concedes that the grocery store in question would have been a “package store,'” as defined by the Dan-
Nor can there be any doubt that the definition of a package store as contained in the ordinance includes all outlets which operate under either of the two classes. The ordinance reads: “A ‘Package Store’ is a place where beer or alcoholic liquor is sold under a package store permit.” The words “beer” and “alcoholic liquor” are stated in the disjunctive. If it had been intended to restrict the phrase “package store permit” to a permit for the sale of all alcoholic liquors, there would have been no need to refer to beer. The fact that the sale of beer by itself was included clearly indicates that the phrase “package store permit” was intended to include package store beer permits. The business of selling beer as it is now carried on by First National could have been carried on only under a package store
But, say the majority, all that has been changed by the legislation of 1945 and 1947, because that legislation has set up a new kind of permit, known as a grocery store beer permit, which is not a package store permit. I am unable to attribute such an effect to that legislation. In 1945 the General Assembly rewrote § 1027c, the section which listed the various kinds of permits. General Statutes, Sup. 1945, § 622h. In doing so, however, it still continued to group in a single subsection — subsection (c) — (1) a package store permit; (2) a package store beer permit; (3) a grocery store beer permit. These three kinds of permit are defined in § 728i of the 1947 Supplement to the General Statutes, which has remained unchanged, as follows: “(a) A package store permit shall allow the retail sale of alcoholic liquor not to be drunk on the premises, such sales to be made only in sealed bottles or other containers . . . . (b) a package store beer permit shall allow the retail sale of beer in standard sized containers not to be consumed on the premises; (c) a grocery store beer permit may be granted to any store which is chiefly engaged in the sale of groceries and shall allow the retail sale of beer in standard sized containers not to be consumed on the premises.”
It is to be noted that all three of these permits restrict the sale of alcoholic liquor to liquor in sealed containers and not to be consumed on the premises. All of them, therefore, are, in essence, package store permits in just the same way as the two classes of permit defined in § 1030c were package store permits. Outlets operating under any of them might
In this opinion Brown, C. J., concurred.
Reference
- Full Case Name
- City of Danbury v. John J. Corbett Et Al.
- Cited By
- 17 cases
- Status
- Published