CHAPTER 98
FORMERLY
SENATE BILL NO. 56
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 543, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 543. Grounds for refusal of license; transfer or extension of premises.
(d) The Commissioner shall refuse to grant a license for the sale of alcoholic liquor by any
restaurant, tavern, taproom, hotel, store, or other establishment for consumption
on or off the premises, when there is an existing licensed establishment of
the same similar type within 1200 feet ½ mile by accessible public road or street in any incorporated city or town, or within
1mile 3 miles by accessible public road or street in any unincorporated or rural
area; provided, however, that if there is an existing licensed establishment less than 1 mile but more than nine tenths of 1 mile by accessible public road or street in any unincorporated or rural area, the Commissioner may, in its discretion, grant such license; and provided further, however, that the foregoing shall not apply: area measured in driving distance both ways between the existing and proposed establishments. This subsection does not apply to any of the following:
(1) To any An existing license or to the sale, transfer of ownership, or renewal thereof; of an existing license.
(2) To a club, hotel or restaurant for consumption of alcoholic liquors on the premises; A club licensed to sell off the premises where sold, farm winery, brewery-pub, microbrewery, or craft distillery.
(3) To any holder of an existing license A licensee who desires to move the location of
his or her the license to a location within 500 feet thereof by accessible public road or street.
street; provided, however, that such However, a licensee located in a shopping center or shopping mall may move the location of
his the license any distance within the same shopping center or shopping mall, whether such center or mall consist of 1 or more than 1 separate buildings.
(4) An applicant for an off premises or taproom license whose license location meets 1 of the following:
a. Is between 1800 feet and ½ mile from an existing license of similar type in any incorporated city or town, if the applicant can provide a report, determined reliable by the Commissioner after written input from the Division that indicates either of the following:
1. A minimum yearly increase of 1% in the population of individuals 21 years old or older over the past 3 consecutive years measured from the month before the submission of the application.
2. A minimum increase of 3% in the population of individuals 21 years old or older in the past year measured from the month before the submission of the application within a distance of ½ mile from the borders of the property where the applicant seeks licensure.
b. Is between 1½ miles and 3 miles from an existing license of similar type in any unincorporated or rural area if the applicant can provide a report, determined reliable by the Commissioner after written input from the Division that indicates either of the following:
1. A minimum yearly increase of 1% in the population of individuals 21 years old or older over the past 3 consecutive years measured from the month before the submission of the application.
2. A minimum increase of 3% in the population of individuals 21 years old or older in the past year measured from the month before the submission of the application within a distance of 1½ miles from the borders of the property where the applicant seeks licensure.
(e) Any holder of an existing license The Commissioner may grant a licensee whose license was valid on December 31, 2019, and
who desires to move the location of his or her the license due to the destruction of
his the building, loss of lease, diversion of highway traffic pattern, or similar reason beyond the control of the
licensee, shall have preference in the issuance of a new license provided that
licensee a new license if the application satisfies this subsection
subsection; subsection (d) of this section, as in effect before January 1, 2020;
and all other requirements under this title.
Section 2. This Act takes effect on January 1, 2020.