The Board of Selectmen (BOS) held a special meeting last week (Dec. 6) to continue crafting language for a proposed change to Wilton’s liquor ordinance that would allow breweries to sell beer for on-premise consumption (like a restaurant) as well as for off-premise consumption (like package store sales).
Wilton’s liquor ordinance currently allows the sale of alcohol under country club, restaurant and liquor store permits. A brewery — and for that matter, a “bar” — does not fall under any of those classifications.
The key takeaway from the Dec. 6 meeting was that the selectmen agreed breweries should be allowed to serve alcohol at the same hours as Wilton restaurants and to sell packaged beer at the same hours as Wilton package stores.
However, the discussion among the selectmen and a town attorney attending the meeting revealed officials were confused about key details of Wilton’s current ordinance — with critical clarification only coming to light two days after the meeting.
Moreover, the confusion may have been due, in part, to an inaccurate version of the town code being posted online.
Changing the Ordinance to Encourage Business Development
The BOS began discussing breweries in August after a local craft beer producer approached Town officials with interest in opening a brewery establishment. The Dec. 6 special meeting provided the selectmen the opportunity to focus on the details and implications of a potential ordinance change.
First Selectman Toni Boucher was eager to reach a consensus on proposed language in order to capitalize on potential business opportunities.
“I heard a lot from the planning and zoning folks recently that they were looking to have more activity, and later at night, in our town,” she said, adding a reference to competition from breweries in nearby areas. “In order to be able to pass something and not hold this up for four to six months, and to encourage business development in our community, I would like to see us at least reach a consensus as to the kind of language we’d like to move forward.”
State statutes determine maximum allowable days and hours for the sale of alcohol, which Wilton’s ordinance could follow or further restrict.
As they discussed options for changes to Wilton’s liquor ordinance pertaining to breweries, the officials were working without correct information about what Wilton’s current ordinances allow.
On-Premise Consumption (Like Restaurants)
Boucher initially suggested changing the ordinance to allow breweries to sell alcohol for on-premise consumption from 9 a.m. to midnight, Monday through Saturday; and 10 a.m. to midnight on Sunday. The selectmen discussed many scenarios working under the incorrect assumption that those proposed hours would exceed the hours Wilton restaurants can serve alcohol under the town’s current ordinance.
Wilton’s current ordinances regarding restaurant liquor consumption originally set much more limited hours — 11 a.m.-11 p.m. Monday through Thursday; 11 a.m.-midnight Friday and Saturday; and 12 p.m.-11 p.m. on Sunday.
However, that ordinance was updated in 2017 to allow Wilton restaurants to follow the state’s less conservative statutes, permitting alcohol consumption on premises from 9 a.m.-1 a.m. Monday through Thursday; 9 a.m.-2 a.m. Friday and Saturday; and 10 a.m.-1 a.m. on Sunday. [Section 8-3-B]
Off-Premise Consumption
A similar discussion took place regarding breweries’ hours for off-premise consumption (for packaged beer sales) compared to package stores. However, that discussion also revealed the officials’ confusion about Wilton’s current ordinance — specifically pertaining to Sunday hours.
Both BOS members and Wilton’s town counsel Nicholas Bamonte inaccurately stated during the Dec. 6 discussion that Wilton does not currently allow the sale of alcohol in package stores on Sundays. In fact, such sales have been allowed since 2013.
Their error may have stemmed from the fact that Wilton’s Code posted online was not updated to reflect the town’s current ordinance allowing package stores to sell liquor on Sundays. As of Monday, Dec. 11, the error still shows on the website [Sec. 8-4].
Correcting Perceptions
After the Dec. 6 meeting, GMW reached out to Boucher and Bamonte for clarification on why the ordinance discussed at the meeting did not include the 2013 amendment that allowed package stores to operate on Sundays.
In an email reply, Boucher acknowledged the amendment, and noted Wilton’s Sunday hours are more restrictive than the maximum the state allows.
“Indeed, Wilton did pass Sunday sales in 2013. It did however reduce the times on Sunday slightly from state statutes. Further explanations either are or will shortly be posted on BOS minutes and agendas,” Boucher wrote.
She may have been alluding to a memo Bamonte sent to BOS members two days later, on Dec. 8, which he shared with GMW.
In the memo he advised the selectmen that they had been deliberating based on an incorrect understanding of the current ordinance, which had not been updated on the Town website.
Bamonte clarified the Sunday hours for liquor stores (which are open from 10 a.m.-5 p.m.) and wrote:
“The Town Clerk has advised that the version of the existing Code that the Board considered on December 6, 2023 did not reflect the current, effective version of the Code.”
Bamonte also listed the hours for Wilton restaurants (which mirror the state statute):
“Those hours, currently in effect in Wilton for restaurants, are: Monday-Thursday from 9AM-1AM, Friday-Saturday from 9AM-2AM, and Sunday from 10AM-1AM.”
As a result, many of the scenarios the selectmen discussed at the Dec. 6 meeting proved moot.
Nonetheless, the selectmen still reached the conceptual agreement to proceed with language in a draft amendment that would make on-premise consumption of alcohol in breweries conform to the same hours Wilton’s ordinance sets for restaurants, and match those of Wilton’s package stores for off-premise consumpution sales.
Reflecting the latest changes from town counsel, the revised draft ordinance change has been posted on the Town website.
Moving Forward
While the selectmen reached consensus on the proposed ordinance change, Boucher expressed willingness to further modify it based on public input. The Board of Selectmen will hold a public hearing on Tuesday, Dec. 19 to receive that feedback.
The selectmen indicated that they wanted public opinion before the matter is presented to voters at a Special Town Meeting, which could be scheduled as early as January. The ordinance change can only be made by approval at a Town Meeting vote.
Wilton residents and business owners can find details about how to participate in the Dec. 19 public hearing on the Town website. It will be held in person and via Zoom.
Wondering about the difference between a brewery and a brewpub? In 2021, when an application for a “brewpub” was received by Wilton’s Planning and Zoning Commission, a text amendment was made to the zoning regulations to define a brewpub under the restaurant special permit. In addition to beer manufactured on the site, a brewpub would also serve food.
I would advise the BOS to make sure they have their support lined up before they put this to a public vote on some bitterly cold Tuesday evening in January.
A modest revision to the town alcohol ordinance – not even changing store hours or whatever, but simply allowing a new hybrid type of business – is not the sort of thing that tends to drive a lot of turnout, and a small number of motivated people showing up to oppose it might be enough to kill the idea.
So if resident feedback suggests that this is going to elicit some vocal opposition, it might be better to put it off until the regular Annual Town Meeting in May. (or, if for some reason this can *only* be considered at a Special Town Meeting, at least waiting until the weather gets warmer)
Excellent indepth article, thank you!