Delaware General Assembly

AN ACT TO AMEND CHAPTER 3, TITLE 4, DELAWARE CODE, RELATING TO ALCOHOLIC LIQUORS BY AMENDING THE LAW RELATING TO THE COMPOSITION OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 301, Title 4, Delaware Code, is amended to read:

(a) The Delaware Alcoholic Beverage Control Commission shall consist of 5 members.

(b) The members of the Commission shall be appointed by the Governor by and with the consent of a majority of the members elected to the Senate.

(c) Four Commissioners shall be appointed for terms of 3 years each, commencing, in each case, from the date of appointment. The 4 Commissioners appointed for a term of 3 years shall reside; 1 in the City of Wilmington, 1 in the remainder of New Castle County, 1 in Kent County and 1 in Sussex County. The fifth member may reside anywhere in the State, shall serve at the pleasure of the Governor and shall be Chairman of the Commission. He may be removed at any time by the Governor and shall serve until he is removed by the Governor.

(d) No more than 3 Commissioners shall be members of same political party.

(e) Each Commissioner shall be a citizen of the United States, a qualified voter of this state and a resident of this state for at least 3 years preceding his appointment.

(f) A Commissioner shall continue to reside in the political subdivision of which he was a resident at the time of his appointment.

(g) In case of a vacancy on the Commission for any reason other than expiration of the term of office, the Governor shall fill such vacancy for the unexpired term by and with the consent of a majority of the members elected to the Senate.

(h) Each member of the Commission shall receive compensation at the rate of $25 for each meeting of the Commission attended by him plus his travel expenses. Meetings for which compensation shall be paid to each member shall not exceed 24 in number in any one year.

() Three members of the Commission shall constitute a quorum. A majority of the members present at any meeting and constituting a quorum shall be sufficient for any action by the Commission.

Section 2. The original appointments of the members of the Commission authorized to be appointed by this act for a fixed term, shall be staggered so that One Commissioner shall be appointed for a term of 1 year, 1 Commissioner shall be appointed for a term of 2 years, and 2 Commissioners shall be appointed for a term of 3 years, thereafter all such Commissioners shall be appointed for a term of 3 years as provided in this act.

Section 3. The provisions of this act shall not affect the terms of the members of the Commission serving at the time this act becomes law and they shall continue to serve out the term for which they were originally appointed unless they resign or die. Upon the expiration of the term of office of any member serving at the time this act becomes law, or in the event that such member resigns or dies, his position on the Commission shall be abolished.

Section 4. The initial appointment of members to the Delaware Alcoholic Beverage Control Commission, as authorized by section 1 of this Act, shall not be limited by the existence of holdover members of the Commission, therefore, the Governor may make the initial appointments authorized by section 1 of this act without being limited in any way by the existence of holdover members of the Commission in office at the time this Act becomes law.