CHAPTER 18
INTOXICATING LIQUOR
AN ACT creating a Commission for the Control of the Manufacture, Distribution, Sale and Transportation of Alcoholic Liquor, Wines and Beer.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. This Act may be cited under the name of "The Liquor Control Act."
Section 2. (1) The Act shall apply to the State of Delaware, but if, in any of the districts created by Section 2. Article XIII of the Constitution of this State, a majority of the qualified electors thereof shall vote against license, the application of this Act and the provisions thereof shall be suspended therein. Nothing in this Act shall be interpreted as authorizing the manufacture, distribution, sale, transportation or importation of "alcoholic liquors," "alcohol," "spirits," "wines," and "beer" as herein defined, where such manufacture, distribution, sale, transportation or importation are prohibited by the Constitution of the United States and the State of Delaware, or under the Statutes thereof.
(2) Any Section or paragraph of this Act purporting to authorize or to license the manufacture, distribution, sale, transportation, importation, purchase or possession of "alcoholic liquor," as herein defined, shall be effective only when and to such extent as may be permitted under the Constitution of the United States and of the State of Delaware, or under the Statutes thereof.
(3) No sale of "alcoholic liquor" shall be authorized to be made to a "person" in a State or a division of a State where such sale is prohibited by the laws of such State or of such division of a State.
(4) No shipment of alcoholic liquor shall be authorized to be made into a State or into a division of a State where such shipment is prohibited by the laws of such State, or of such division of a State.
DEFINITIONS
Section 3. When used in this Act the following words shall have, in addition to their usual meaning, the additional or restrictive interpretation herein expressed:
1. The word "Commission" means the Commission created by this Act under the name of "The Delaware Liquor Commission."
2. The word "alcohol" means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not mean ethyl alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes.
3. The words "denatured alcohol" mean ethyl alcohol or liquors containing ethyl alcohol to which substances or ingredients have been added to render such ethyl alcohol or liquors unfit for beverage purposes.
4. The word "spirits" means any beverage containing more than one-half of one per cent of ethyl alcohol by volume mixed with water and other substances in solution, and includes, among other things, brandy, rum, whiskey and gin, and other spirituous liquors.
1. The word "wine" means any beverage containing more than one-half of one per cent ethyl alcohol by volume obtained by the fermentation of the natural contents of fruits, vegetables or other products and other vinous liquors. "Wine" also includes such beverages when fortified by the addition of "alcohol" or "spirits" as above defined.
6. The word "beer" means any beverage containing more than one-half of one per cent of ethyl alcohol by volume, obtained by the alcoholic fermentation of an infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed liquors.
7. The words "alcoholic liquor" or "alcoholic liquors" include the four varieties of liquor above defined ("alcohol," "spirits," "wine," and "beer") and every liquid or solid, patented or not, containing "alcohol," spirits," "wine" or "beer" and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties above defined is considered as belonging to that variety which usually has the higher percentage of "alcohol," and according to the order in which the varieties are above defined.
8. The word "person" includes as well as an individual a partnership, a corporation, a club or any other association of individuals.
9. The word "whosoever," when used in reference to any offender under this Act, includes every "person" who acts for himself or by permission or agreement for any other "person," and includes also such other "person."
0. The word "residence" means the place occupied by a "person," as a domicile or otherwise, either permanently or temporarily and includes not only the premises occupied, but also every annex or dependency thereof held under the same title as the premises occupied.
6. The words "disorderly house" have the meaning set forth in 4709, Section 13, Chapter 149, Revised Code of Delaware.
6. The word "establishment" means any place where "alcoholic liquor" of one or more varieties is stored, sold or used by authority of any law of this State, including a hotel, restaurant, "tavern," or club as defined below, or where "alcoholic liquor" of one or more varieties is manufactured by virtue of any Act of the Legislature of Delaware.
13. The word "traveler" means an individual guest or customer of a "hotel," of a "restaurant," or of a "tavern."
14. The word "hotel" means any "establishment," provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to "travelers."
15. The word "restaurant" means any "establishment," provided with special space and accommodation, where, in consideration of payment, food (without lodging) is habitually furnished to "travelers."
16. The word "tavern" means any "establishment" with special space and accommodation for sale by the glass and for consumption on the premises, of "beer" as herein defined.
17. The word "club" means a corporation or association created by competent authority, which is the owner, lessee or occupant of premises operated solely for objects of national, social, patriotical, political, or athletic nature, or the like, whether or not for pecuniary gain, and the property as well as the advantages of which belong to or are enjoyed by the stockholders or by the "members" of such corporation or association.
18. A "member of a club" is an individual who, whether as a charter member or admitted in accordance with the rules or the by-laws of the "club," has become a member thereof, who maintains his or her membership by the payment of dues in the manner established by such rules or by-laws, and whose name and address is entered on the list of members supplied to the Commission at the time of the application for a permit under this Act, or, if admitted thereafter, within eight days after his or her admission and payment of dues, if such dues are required. The Commission is authorized to extend the meaning of the words "member of a club" to include those who are granted temporary membership or membership of less than one year in accordance with a rule or by-law of the "club" approved by the Commission.
19. The words "gathering of persons" or "gathering" means a banquet, picnic, bazaar, fair or similar private gathering or similar public gathering where food or drink are sold, served or dispensed, or where entrance tickets are sold or entrance fees are required.
20. The word "sell" means: Solicit or receive an order for; keep or expose for sale ; deliver for value or in any other way than purely gratuitously; peddle ; keep with intent to sell ; keep or transport in contravention of any Section or provision of this Act; traffic in ; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other "person."
21. The word "sale" means every Act of selling as above defined.
22. The words "to peddle," when used in reference to "alcoholic liquor," mean to carry on one's person or to transport with one and with intent to sell the same but not in any "establishment" where the sale thereof is allowed ; and the word "peddling" means the act of doing as aforesaid.
23. The word "manufacture" means distill, rectify, ferment, brew, make, mix, concoct, or process any substance or substances capable of producing a beverage containing more than one-half of one per cent of alcohol by volume and includes "blending," "bottling" or other preparation for "sale."
24. The word "manufacturer" means any "person" engaged in the "manufacture" of any "alcoholic liquor" and among others includes a distiller, a rectifier, a wine maker, a brewer, and includes a "bottler" or one who prepares "alcoholic liquor" for "sale." The word "bottle" means any vessel that is corked, capped or stopped or arranged so to be and intended to contain or to convey liquids and having a capacity of not more than forty fluid ounces. A "half bottle" means a similar vessel having a capacity of not more than twenty fluid ounces.
25. The word "barrel" when used as a container for "beer" means such container having a capacity of thirty-one United States standard gallons of two hundred thirty-one cubic inches.
26. The word "vehicle" means any means of transportation by land, by water or by air, and includes everything made use of in any way whatsoever for such transportation.
27. The words "distillery," "winery" and "brewery" mean not only the premises whereon "alcohol" or "spirits" is distilled or rectified, "wine" is fermented, or "beer" is brewed, but in addition the "person" owning, representing or in charge of such premises and the operations conducted thereon, including the blending and bottling or other handling and preparation of "alcoholic liquor" in any form.
28. The word "preparation" means any medicine (patented or proprietary); any mixture containing drugs or mineral substances, any perfume, lotion, tincture, varnish, dressing, fluid extract or essence, vinegar, cream, ointment or salve; any distillate or decoction, whether or not containing other substances in solution or suspension; that contains ethyl alcohol or any "alcoholic liquor" to any amount exceeding one-half of one per cent by volume.
29. The word "license" means any license or permit to manufacture, to sell, to purchase, to transport, to import or to possess "alcoholic liquor" authorized or issued by the Commission under the provisions of this Act.
25. The word "importer" means the "person" transporting or ordering, authorizing or arranging the transportation or shipment of "alcoholic liquor" into the State of Delaware whether such "person" is a resident or citizen of Delaware or not.
32. The word "import" means the transporting or ordering or arranging for the transportation or shipment of "alcoholic liquor" into the State of Delaware whether by a resident of the State or otherwise.
THE COMMISSION
Section 4. (1) A Commission is hereby created under the name of the "Delaware Liquor Commission." The said Commission shall consist of only one (1) member who shall be appointed by the Governor of the State of Delaware. Said member to be appointed by the Governor on or before the fifteenth day of May, A. D. 1933 to serve for the period of five (5) years from the day of the date of said appointment.
(2) At such time or times as the manufacture and sale of "alcoholic liquor" shall be permitted in New Castle County outside of the City of Wilmington, such manufacture and sale shall be regulated under the provisions of this Act and by the Commission herein created.
(3) At such time or times as the manufacture and sale of "alcohol liquor" shall be permitted in Kent County such manufacture and sale shall be regulated under the provisions of this Act and by the Commission herein created.
(2) At such time or times as the manufacture and sale of "alcohol liquor" shall be permitted in Sussex County, such manufacture and sale shall be regulated under the provisions of this Act and by the Commission herein created.
(3) The member appointed to said Commission by the Governor may be reappointed to succeed himself.
(4) The member appointed to said Commission shall be a citizen of the United States, a qualified voter of the State of Delaware and a resident of the State of Delaware for a period of a least three years preceding the date of appointment.
(7) Should the member herein appointed to said Commission die or resign before completing the term to which he was appointed the Governor shall appoint a member to fill said unexpired term.
(8) The Commission shall appoint an Executive Secretary and proceed under the provisions of this Act within thirty (30) days after the member to said Commission has been appointed as provided herein.
(9) The Executive Secretary shall be paid a salary to be fixed by the Commission.
(7) The Executive Secretary shall serve in that capacity at the pleasure of the Commission.
(7) The head office of the Commission shall be in the City of Wilmington.
Section 4-A. Wherever hi this Act reference is made to the membership of the Commission it shall be construed to mean the one member as herein provided under Section 4 of this Act.
Section 5. The functions, duties and powers of the Commission shall be the following.
(1) To adopt and promulgate rules and regulations not inconsistent with the provisions of this Act or of the laws of the State of Delaware. All such rules and regulations shall have the force and effect of law ;
(1) To establish by such rules and regulations an effective control of the business of manufacture, sale, dispensation, distribution and importation of "alcoholic liquors" within and into the State of Delaware, including the time, place and manner in which "alcoholic liquors" shall be sold and dispensed, not inconsistent with the provisions of this Act ;
(3) To buy, to have in its possession and to sell, in its own name "alcoholic liquor," in the manner set forth in this Act ;
(4) To lease or to occupy any building or land required for its operations ;
(5) To control the "manufacture," "possession," "sale" and "delivery" of "alcoholic liquors" in accordance with the provisions of this Act; and to control the purchase, possession, transportation and "sale" of "alcoholic liquors" by those licensed to "manufacture" or to "sell ;"
(6) To grant, to refuse, or to cancel licenses for the "manufacture" or "sale" of "alcoholic liquor" or other licenses in regard thereto, and to transfer any license granted ;
(7) To investigate and to prevent every violation of this Act, make every seizure of "alcoholic liquor," "manufactured," "sold," kept or transported in contravention thereof and to confiscate such "alcoholic liquor" whenever required by this Act ;
(8) To act for the purposes of this Act, as the competent authority in connection with other matters pertinent thereto ;
(9) To appoint or employ every officer or employee necessary for the carrying out of the work of the Commission and dismiss them for cause, fix their salaries or remuneration, and assign them their official titles and duties, and to engage the services of experts and of persons engaged in the practice of a profession. All officers and employees appointed by the Commission shall have the police powers of Constables and other police officers of the State, Counties and other subdivisions of the State and they shall be conservators of the peace throughout the State with authority to suppress all acts of violence and to enforce this Act and all provisions therein contained.
(10) On petition signed by at least ten individuals, residents of the neighborhood, to hear complaints in regard to the appointments of, or the conduct of business in, any "establishment" where "alcoholic liquor" is licensed to be "sold," of which hearings ten days' notice, together with a recital of the complaint, shall be sent by registered mail to the address of the holder of the license for said "establishment" and like notice shall be delivered at such "establishment" by affixing such notice addressed to the holder of the license to the outside of an entrance door to such establishment ; such hearings shall be conducted by a member of the Commission or by the executive secretary thereof and may be public or not, in the discretion of the Commission, and each member of the Commission and the executive secretary thereof shall for the purpose of such hearings have power to issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of pertinent books, payrolls, accounts, papers, records and documents, and in case any person summoned to testify or to produce any such written or printed evidence shall refuse, without reasonable cause, to be examined or to answer a legal and pertinent question or to produce any such written or printed evidence the commissioner or executive secretary conducting the hearing may certify the fact of any such refusal to the Court of General Sessions of the County in which such hearing is held and such Court shall be authorized, in its discretion, to proceed against the person so refusing as for a contempt and to punish such person, if found guilty, in such manner as persons are punished for contempt of Court.
(11) To provide such special seals, labels and wrappers as it shall deem necessary for protection of the public against imitations, adulterations and frauds and to prescribe the proper use of such seals, labels and wrappers.
(12) To arrange for the proper sampling, testing, and analyzing of "alcoholic liquor" offered for sale in this State but "alcoholic liquor" purchased by the Commission in "bottles," from reputable manufacturers and bearing the labels of such manufacturers may be sold by the Commission without test or analysis. (13) To make an annual report setting forth all matters of interest and all statistics concerning Liquor Control in the State of Delaware, including:
The number of licenses of each variety granted ;
The name and address of each "person" licensed to manufacture or to sell "alcohol," "spirits," "wine" and "beer."
The amount of "alcohol," of "spirits," of "wine" and of "beer" sold within the State;
The number of persons arrested for drunkenness during the year;
The number of licenses of each kind granted and the number cancelled during the year;
Such other data as may make a complete report to the people of the State.
Section 6. 1. Every member of the Commission and every person appointed by the Commission to any position, in which his or her duties are concerned with the selection, ordering, "sale," preparation for "sale," handling or transportation of "alcoholic liquor," must, on entering upon his or her duties, take the oath of the Constitution of the State of Delaware, for officers other than election officers.
2. Each member of the Commission and the Executive Secretary shall give security by means of a corporate surety bond in sum of not less than ten thousand dollars, ($10,000) and every other person appointed to any position by the Commission must, upon entering upon his or her duties, give security by means of a corporate surety bond in the sum of not less than two thousand dollars ($2,000) ; conditioned that the members of the Commission, the Executive Secretary and other of said persons will perform all the services imposed upon them by law or to which they are directed by the Commission or any member thereof and they will not knowingly violate the provisions of this Act or of any Act relating to the "manufacture," "sale," disposition or transportation of "alcoholic liquors." The requirements of this paragraph may be covered by a blanket surety bond covering the performance of the services imposed upon the members of the Commission, the Executive Secretary and other of said persons. Cost of such bonds shall be borne by the Commission. as part of its operating expense.
Section 7. 1. No member or employee of the Commission may, directly or indirectly, individually or as a member of a partnership, or of any other association, or as the holder or owner of more than ten per cent of the capital stock of a company, have any interest whatsoever in the "sale" or in the "manufacture" of "alcoholic liquors," or in any enterprise or industry in which "alcoholic liquors" are required.
2. When notified of appointment as a member of the Commission the individual so notified shall furnish in duplicate and in writing to the Governor a statement of every interest, direct or indirect, and however small, held or owned by him as a member or as a stockholder in any partnership, corporation or other association engaged in the "sale" or in the "manufacture" of "alcoholic liquors" or in any undertaking, industry or business in which "alcoholic liquors" are used or required. One copy of such statement shall be inserted in the permanent records of the Commission open to public inspection.
3. No member or employee of the Commission shall receive any commission or profit whatsoever from, or have any interest whatsoever in, the purchases or sales made by the Commission or by the "persons" authorized by virtue of this Act to purchase or to "sell" such "alcoholic liquors," but no provision of this Section shall prevent any such member or employee from purchasing and keeping in his possession, for the personal use of himself, the members of his family, and his guests, any "alcoholic liquor" which may be permitted to be purchased or kept by any individual by virtue of this Act and no provision of this Act shall prevent any such member or employee from owning a minority interest in a corporation engaged in the manufacture and sale of "denatured alcohol," as defined herein, for industrial or other non-beverage purposes.
Section 8. 1. The Commission may make any regulation it may deem necessary for the carrying out of this Act respecting its internal economy and the conduct of its business, and may amend or repeal any such regulation. Such regulations must be published in form open to public inspection at the office of the Commission.
2. No regulation made by the Commission and approved and published as above mentioned, may be repealed or amended save by another regulation of the Commission, approved and published as above provided.
Section 9. For a period of two years no "person" engaged in or interested in the "manufacture," "sale," dispensing or transporting of "alcoholic liquor" shall advertise or cause to be advertised "alcoholic liquor" of any kind or brand, or the "manufacture," or "sale" of "alcoholic liquor" or anything in connection therewith, or the place or places where "alcoholic liquor" may be purchased provided that such advertising shall be permitted in newspapers or in other periodical publications sold in this State, and shall be permitted by radio broadcast. Poster Boards and painted bulletins may be used to advertise the manufacture or sale of all vinous and malt liquors that are permitted under the laws of the State of Delaware to be sold under this Act. The use of said poster boards and painted bulletins to be confined to the Corporate limits of the City of Wilmington, provided, however, that the placing of poster boards and painted bulletins in the City of Wilmington does not conflict with any existing ordinances of the City. In the event there is a conflict the City ordinance shall prevail. However, any "establishment" where "alcoholic liquor" is sold may indicate that fact by suitable sign of size and lettering to be approved by the Commission.
Section 10. Every order given by the Commission for the purchase of "alcoholic liquor" must bear the signature of two of its members. A duplicate of every such order shall be kept at the head office of the Commission.
Section 11. All moneys received by the Commission shall be deposited to its credit in the bank in which State Funds are required to be deposited and a monthly report thereof shall be made to the State Treasurer. Said report shall fully set forth all moneys received by said Commission during the period covered and all expenditures made by the Commission during such period. Such report shall be accompanied by a check to the order of the State Treasurer for the amount in hand, less such sum as in the judgment of the Commission it is necessary to be retained by the Commission for defraying expenses and demands to be met under the provisions of this Act.
Section 12. All property owned by the Commission and all profits earned by it shall be the property of the State.
Section 13. 1. The Commission shall render an account to the State Treasurer, in the manner and at the time required by the latter, of its receipts and disbursements, and of its assets and liabilities.
2. The operations of the Commission shall be examined and audited by Certified Public Accountant or by other competent individual appointed by the Governor.
PROPERTY OF THE COMMISSION
Section 14. The Commission may have the following stores and warehouses:
1. Its principal store and warehouse in the City of Wilmington, or if prohibited by the law in such city, at other place in the State of Delaware where permitted by law and as may be determined by the Commission.
2. Branches of such principal store and warehouse in such cities, towns, or elsewhere within the State of Delaware as the Commission may choose, and to the number that it decides. No such branch shall be established in any County outside of the City of Wilmington or in the City of Wilmington if a law prohibitory of such branch and applying to such County or City is in force, nor in any incorporated city or town whose governing body has, by ordinance, enacted that no such branch may be established therein.
3. The Commission may purchase "alcohol," "spirits" or "wine" in barrels, casks, or other containers and may organize an establishment for blending and bottling such "alcoholic liquors." All "alcoholic liquors" blended or bottled by the Commission must be so labeled.
MANUFACTURE AND IMPORTATION OF "ALCOHOLIC LIQUOR"
Section 15. 1. Any "person" proposing to "manufacture" in or to import "alcoholic liquor" into the State of Delaware must obtain from the Commission a license authorizing such "manufacture" or importation.
The individual signing the application must be over thirty years of age.
The application for license must be made upon a blank furnished by the Commission and must state:
The name, surname, and surnames, age, and previous occupation of an individual applicant or the name and description of a partnership, corporation, or other applicant organization.
The location and description of the premises, both within and without this State, where it is proposed that such alcoholic liquor shall be "manufactured" or stored and whether such premises are owned or leased by the applicant and if leased the name of the owner thereof.
The amount of capital proposed to be invested in the undertaking.The, kind and approximate amount of "alcoholic liquor" proposed to be "manufactured" or imported.
The approximate date on which it is proposed to start such "manufacture," or importation.
Such other information as may be required by the Commission.
2. The Commission shall inspect or cause to be inspected the premises proposed by each applicant to be used for "manufacture," or storage, as are located within this State and shall make record of the date of such inspection, the name, of the inspector and the result of the inspection.
3. No license to "manufacture" or import shall be issued unless the Commission shall be satisfied as to the responsibility of the applicant, as to the condition of the premises proposed to be used and as to the means proposed to be used to determine the amount of "alcoholic liquor" "manufactured" or imported.
4. No "manufacturer" or importer or "person" interested, either directly, or as a partner or as a stockholder of a corporation or in any other manner, in the "manufacture," blending, bottling or in any manner preparing for sale any "alcoholic liquor" shall own or be interested as owner or as a partner or stockholder, in any "establishment" holding a license to "sell" "alcoholic liquor," either by the "bottle" or by the glass, to the consumer thereof, for consumption either on or off the premises where sold.
5. Every "manufacturer" or importer, holder of a license under this Act to "manufacture" or import "alcoholic liquor," must make to the Commission every month, in the form that the Commission shall determine, an exact return of the gross amount of each variety of "alcoholic liquor" both "manufactured," imported and "sold" within this State during the preceding calendar month. The Commission may require such returns to be certified under oath or affirmation of the holder of the license to "manufacture" or of other person approved by the Commission.
6. Any "manufacturer" or importer that fails to make a return to the Commission within the fifteen days following the expiration of any calendar month for which it should be made shall be guilty of a misdemeanor and shall be liable to a fine of fifty dollars per day for each day's delay counting from the expiration of such fifteen days and the license of such "manufacturer" or importer shall be suspended by the Commission if the return is not made within fifteen additional days.
6. The Commission may have an examination made of the books of the "manufacturer" or "importer" or may otherwise check the accuracy of any such return or may place an inspector or inspectors in the place of "manufacture" for that purpose.
7. Any "manufacturer" or importer that refuses to allow such examination or inspection or that fails to make an accurate return according to the instructions of the Commission shall be guilty of a misdemeanor, and shall be liable in addition to the costs, to a fine of one thousand dollars ($1,000).
8. The Commission may require that any person, granted a license to manufacture or to import, alcoholic liquor shall furnish a satisfactory bond in such amount as the Commission may deem necessary to guarantee the performance of the requirements of this Act.
SALE AND DELIVERY OF "ALCOHOLIC LIQUOR"
Section 16. 1. No "sale" and delivery of "alcoholic liquor" shall be made in this State unless such "sale" and delivery be made by the Commission, by a "manufacturer" or by other "person" holder of a license of the Commission to "sell" and to deliver such "alcoholic liquor" and unless such "sale" and delivery is made to a "person" authorized to receive such "alcoholic liquor" under this Act, provided that no common carrier shall be held responsible for the delivery of alcoholic liquor forbidden by this paragraph.
2. No "sale" and delivery of "beer," for consumption off the premises where sold shall be made in open containers, but "sales" or delivery may be made in "bottles," "half bottles," "barrels," "half barrels" or quarter barrels, provided that such containers are securely corked, capped, stopped or plugged at the time delivery thereof is made.
3. No "manufacturer" or "importer" may "sell," ship, transport or deliver "wine" or "beer" within this State to any "person" other than to the Commission, unless, in accordance with the published regulations of the Commission and unless a statement of the date, amount and description of the transaction be mailed to the Commission.
4. The Commission shall "sell" and deliver all "alcoholic liquor" purchased, by holders of license under this Act for the purpose of reselling or of dispensing such "alcoholic liquor," unless otherwise provided herein, and shall "sell" and deliver all "alcoholic liquor" purchased by holders of license to purchase such "alcoholic liquor" for stock, as provided in Section 17, paragraph 1 of this Act, but the Commission may authorize holders of license to order or purchase "alcoholic liquor" through the Commission from a "manufacturer" or an "importer" in the manner to be set forth in the rules and regulations of the Commission.
0. The Commission may "sell" at its store or stores, and deliver to any "person" authorized under this Act to purchase "alcoholic liquor" not more than one "bottle" of "alcohol" or "spirits" and not more than twelve "bottles" of "wine" or of "beer" or twenty-four half "bottles" of "wine" or of "beer."
2. No "person" may purchase and receive from the Commission, or from any "manufacturer" or importer, any "alcoholic liquor" without paying to the Commission a tax on such "alcoholic liquor" purchased and at the following rates :
For each "barrel of beer"--One Dollar ($1.00).
For each "gallon" of "wine" excepting sacramental wines--. Forty cents ($0.40).
For each "gallon" of "spirits"--containing 25 per cent or less of ethyl alcohol by volume--Seventy-five cents ($0.75).
For each "gallon" of "spirits" containing more than 25 per cent ethyl alcohol by volume--One Dollar ($1.00).
For each "gallon" of "alcohol" per "gallon" of ethyl alcohol contained--Two Dollars ($2.00), except ; that the tax of Two Dollars ($2.00) shall not apply to the Purchase of alcohol from said Commission or elsewhere by the following: "Pharmacists, Physicians, Dentists, Veterinarians, wholesale Druggists, Manufacturing Plants where said alcohol is used in Scientific work, or for the Manufacture of Pharmaceutical Products."
A "barrel" shall contain not more than 31 "gallons."
A "gallon" is the United State Standard Gallon of 231 cubic inches.
The Commission shall make and publish such rules and regulations with respect to the collection and/or payment of such tax or taxes as it may deem proper and all such rules and regulations that are not inconsistent with the provisions of this Act shall have the force and effect of law. Any violation of any such rules and regulations shall constitute a misdemeanor and any "person" convicted of any such violation shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) and shall in addition thereto pay the costs of prosecution.
7. Whenever "alcoholic liquor" sold by the Commission is delivered in a "bottle" or in "bottles" the latter must be sealed with a seal of the Commission or must be placed in a wrapper sealed with a seal of the Commission. On the label of every "bottle" or on the wrapper thereof shall be stamped or printed the percentage of ethyl alcohol contained therein, and the fluid contents of the "bottle" expressed in ounces. Every sale by the Commission shall be for cash.
8. If any "alcoholic liquor" sold by the Commission is to be delivered in any city or town where the Commission has a store or warehouse, the delivery shall be made in the manner determined by the Commission, but if it is to be delivered elsewhere, the delivery shall be made by parcel post, by express, or by other common carrier.
0. The Commission may issue a written order signed by at least two members of the Commission authorizing a "manufacturer" or "importer" to deliver "alcohol" or "spirits" in specified quantity to a "person" holder of license to "sell" such "alcohol" or "spirits" but no two such deliveries shall be specified or made on the same order.
0. The Commission may make a regulation authorizing a "manufacturer" or importers to "sell," transport or deliver "wine" or "beer" within this State to any "person" or class of "persons" authorized under this Act to receive such "wine" or "beer."
THOSE ENTITLED TO PURCHASE AND RESELL OR DISPENSE "ALCOHOLIC LIQUOR"
Section 17. Provided that license has been granted by the Commission, that payment of the license fee has been made and that the license is still in force, all in accordance with the provisions of this Act :
1. Any "person" whether owner, lessee, or manager and recognized as such by the Commission, in charge of a "hotel," a "restaurant" or a "club" may purchase "spirits" or "wine," from the Commission but not otherwise ; or may purchase "beer" from the Commission or through the Commission, as provided in Section 16, paragraph 4, from a "manufacturer" or from an "importer" and may receive, keep and "sell" such "spirits," "wine" or "beer" to "travelers" or to members of the "club," either by the glass or by the "bottle," for consumption by the purchaser and by his guests in any dining or tap room on the premises authorized as such by the Commission or in a hotel bedroom so authorized. "Beer" so sold may be served from "bottles" or "half bottles" or as draft "beer."
2. Any "person" in charge' of a "tavern" may purchase from the Commission or, through the Commission as provided in Section 16, paragraph 4, from a "manufacturer" or from an "importer" and may receive, keep and "sell" "beer" by the glass ; provided that such "beer" is consumed on the premises where sold. Beer so sold may be "served" from "bottles" or "half bottles" or as "draft beer."
3. Any "person" manager of or in charge of a "gathering of persons" may purchase from the Commission, or through the Commission, as provided in Section 16, paragraph 4 and may "sell," serve or dispense "spirits," "wine" or "beer" to such "gathering," by the glass or by the "bottle," for consumption on the premises only, provided, however, that if such "gathering" is in an "establishment," holding license to sell "alcoholic liquor" the "spirits," "wine," or "beer" "sold," served or dispensed may be purchased from the holder of such license. Beer so sold may be served from "bottles" or "half bottles" or as draft "beer."
4. Any "person" in charge of a "hotel," "restaurant" "club" or "gathering of persons" shall refuse to "sell" or to serve "alcoholic liquor" to any individual if such individual is intoxicated or appears to be. Such "person" in charge shall not be liable to said individual for damages claimed to arise from such refusal to "sell" such "alcoholic liquor."
6. It shall be the duty of every "person" in charge of a "hotel," "restaurant," "club," or "gathering of persons" to discourage the practice known as treating whereby all or part of a group of three or more individuals purchase "alcoholic liquor" for all or part of the members of the group. To this end such "person" in charge or his representative may refuse to "sell" to one or more individual comprising such a group. Any "person" in charge of a grocery, a delicatessen shop, a "hotel," a "restaurant," a "club" or a store, whether owner, lessee, or manager and recognized as such by the Commission may purchase from the Commission or through the Commission as provided in Section 16, paragraph 4, but not otherwise, and may keep and sell and deliver on the premises only "spirits," "wine" or "beer" by the "bottle" or "half bottle" only, but not for consumption on the premises where sold or in any dependency thereof. Provided, however, that no quantity greater than one "bottle" of "spirits" or twelve "bottles" of "wine" or of "beer" or twenty-four "half bottles" of "wine" or of "beer" shall be so "sold" or delivered. All "bottles" so sold shall be delivered to the purchaser and shall be removed by him or by her from the premises where sold and with the seals of such "bottles" unbroken.
6. Any "person," whether as owner, lessee or manager, conducting a pharmacy and recognized as such by the Commission, in which pharmacy there is in constant attendance a pharmacist, holder of a certificate granted under Chapter 28 of the Revised Code of Delaware for a period of at least five years and a holder of any permit or license required by any law of the United States ; may purchase "alcoholic liquor" from the Commission or through the Commission as provided in Section 16, paragraph 4, but not otherwise, and may keep and sell the same on the prescription of any physician, holder of a license to receive, to prescribe, to supply or to "sell" to his or her patients "alcoholic liquor" for medicinal purposes as provided in paragraph 8 (a) of this Section.
The application for license under this paragraph 7 must state the name and address of the pharmacist or pharmacists, in attendance and of any change thereof.
0. (a) Any individual holder of a certificate to practice medicine and surgery in the State of Delaware under license granted under Chapter 27 of the Revised Code of Delaware, or dentistry in the State of Delaware under Chapter 30 of the Revised Code of Delaware, or
(c) Any individual holder of a certificate to practice veterinary medicine and surgery in the State of Delaware, under Chapter 24 of the Revised Code of Delaware ;
May purchase from the Commission or through the Commission as provided in Section 16, paragraph 4, but not otherwise keep and "sell" to his or her patients "alcoholic liquor" for medicinal, surgical or sterilization purposes only, and may charge for such "alcoholic liquor" not more than the price paid therefor, or may use "alcoholic liquor" for purposes of compounding medicines or "alcohol" for purposes of sterilization.
9. Any "person" in charge of a hospital recognized by the Commission as such and holding a license therefor, may purchase from the Commission, or through the Commission as provided in Section 16, paragraph 4, but not otherwise, keep and administer "alcoholic liquor" for purposes of compounding medicines or use "alcohol" for purposes of sterilization.
0. Any minister, clergyman, priest or rabbi of any established or recognized Church or religious sect may purchase from the Commission, or through the Commission, as provided in Section 16, paragraph 4, but not otherwise, keep and use "wine" for sacramental purposes but not for sale or gratuitous delivery other than in connection with the sacramental rites of a Church or religious sect.
9. Any manager of a "club" may, purchase "alcoholic liquor" from the Commission, or through the Commission, as provided in Section 16, paragraph 4, but not otherwise, and "sell" to a member of that "club" and keep in a suitable separate locker belonging to or leased by such member, "alcoholic liquor" so purchased.
Section 18. Any "person" proposing to purchase "alcoholic liquor" for resale shall make application to the Commission for license.
1. Any temperate individual over thirty years of age may apply for a license entitling him or her to purchase "alcoholic liquor" for resale.
2. The application must be made on a blank furnished by the Commission and must be signed by the applicant before two witnesses who shall certify as to the age and as to the temperate habits of the applicant. The application must give the name, surname, or surnames, age, occupation and residence of the applicant and the kind of license required, and must be accompanied by at least one-fifth of the amount of the tax payable upon the granting of the license.
3. If the license is to be used on behalf of a partnership or corporation, the application therefor must, in addition, be accompanied by a declaration to that effect signed by an authorized member of such partnership or an authorized officer of such corporation. In such case the partnership or corporation, or the directors and officers thereof shall be liable jointly and severally for any fine and costs to which the holder of the license may be liable.
4. The application blank furnished by the Commission shall contain a statement to the effect that the applicant :
Will not purchase alcoholic liquor from a person not authorized to sell such alcoholic liquor;
Will not sell alcoholic liquor of any variety not permitted to be sold under this license;
Will not disregard any provision of the law relating to the purchase or sale of alcoholic liquors; Will not employ any individual less than twenty-five years of age in a position requiring the selling, handling or serving of alcoholic liquor unless authorized so to do by written order of the Commission.
5. The Commission shall require that the statement of the applicant and of the witnesses be made under oath or affirmation.
Section 19. 1. "Sale" of "alcoholic liquor," in excess of one bottle of "spirits," twelve "bottles" of "wine" or of "beer" or twenty-four half bottles of "wine" or of "beer" to be kept in stock for personal use but not for purpose of resale may be made to an individual holder of a license authorizing him or her to purchase such "alcoholic liquor" for stock.
2. No license for such purchases shall be granted other than to an individual and in his or her personal name. Any temperate individual of more than twenty-one years of age may apply for a license entitling such person to purchase "alcoholic liquors" to be kept in stock for personal use.
3. The application must be made on a blank furnished by the Commission and signed by the applicant before two witnesses, who shall certify as to the age and as to the temperate habits of the applicant. The application must give the name, surname, or surnames, age, occupation and residence of the applicant, and must be accompanied by the amount of the tax payable upon the granting of the license.
4. All purchases of "alcoholic liquor" for stock shall be made from the Commission or through the Commission as provided in Section 16, paragraph 4 of this Act.
Section 20. Subject to the provisions of Section 34 of this Act:
1. Any individual twenty-one years of age or over may purchase, without license from the Commission, "spirits" or "wine" by the glass or, at one purchase, an amount not to exceed one "bottle" of "spirits" or twelve "bottles" or twenty-four half bottles of wine, provided that such purchases are made from a "person" authorized to make the "sale."
2. Any individual eighteen years of age or over may purchase, without license from the Commission, "beer" by the glass or, at one purchase, not to exceed twelve "bottles" or twenty-four half bottles of "beer," provided that such purchases are made from a "person" authorized to make the "sale."
1. Any individual eighteen years of age or over may purchase, without license of the Commission, from a "pharmacy" and pursuant to a prescription issued by a "physician" or "dentist" or directly from a "physician" or "dentist," "alcoholic liquor" for medicinal, surgical, or sterilization purposes only but not for resale or for beverage purposes.
GENERAL PROVISIONS IN REGARD TO LICENSES
Section 21. The Commission shall examine all applications for license as promptly as possible, and if it shall appear that any application should not be granted, the Commission shall so notify the applicant, stating the cause for refusal and returning the amount paid by the applicant.
Section 22. The Commission may refuse to license any applicant if it has reasonable ground to believe:
(1) That there are sufficient licensed premises in the locality or that the granting of a license in the locality set out in the application is not demanded by public interest or convenience. That the applicant has not furnished an acceptable bond.
(2) That the applicant appears to be financially irresponsible or neglects to provide for his family or neglects, or is unable, to pay his debts.
(3) That the applicant has been provided with funds by or has any forbidden connection with a manufacturer of alcoholic liquor.
(4) That the applicant is in the habit of using alcoholic beverages to excess, or has been arrested for drunkenness or for driving a motor vehicle while under the influence of intoxicating liquor.
(5) That the applicant has made false statements to the Commission.
(6) That the applicant has been convicted, of violating any of the liquor laws of this State, or has at any time been convicted and imprisoned for a crime or misdemeanor.
(7) That the applicant has maintained a noisy, lewd, disorderly or unsanitary establishment.
(8) That there is any other reason which in the opinion of the Commission based on public convenience or necessity warrants its refusal to grant such license.
If an application for license be refused, the applicant may appeal to the Court of General Sessions of the County in which he resides and the Court may order the grant of such license.
Section 23. When a license is granted, any portion of the fee paid upon the application therefor shall be applied on the payment of the total fee to be paid upon the granting of such license. If the commission grants the license and payment therefor has been made, a certificate to that effect shall be issued. The certificate shall set forth the name, surname, or surnames, age, occupation and residence of the applicant, the kind of license granted, the date of expiration of the license, and, if a license to "manufacture" or to "sell" or to keep in stock, the place or places in which it is to be "manufactured," "sold" or kept.
Section 24. 1. The Commission shall refuse to grant a license to be used in any county or subdivision thereof, contrary to any prohibitory law then in force, in such County or subdivision thereof.
2. The Commission shall refuse to grant any license for the sale of "alcoholic liquor" upon grounds or in buildings occupied by any agricultural fair, industrial exhibition or race track meeting, or any such license of temporary nature to be exercised within one-quarter mile thereof. The Commission may refuse to grant a license to sell alcoholic liquor to any establishment located in the vicinity of a Church, School or College; provided, however, that the Commission may issue a license to any establishment located in the vicinity of a Church, School or College when such establishment has been located in a place prior to the time any Church, School or College may thereafter be located in the vicinity of such establishment.
Section 25. 1. On or before the first day of June in each year after this Act becomes effective, the Commission shall render its decision upon every application made to it, before the 31st of March preceding for a renewal of license for the year commencing on the 1st of July following.
2. Whatever be the date of issue of any license authorizing manufacture, purchase, sale or delivery of "alcoholic liquor" granted by the Commission, such license shall expire on the 30th day of June following, unless it be cancelled by the Commission before such date, or unless it shall have already expired prior to such 30th day of June, provided, however, that a license issued by the Commission after April 1st of any year, not a renewal of a former license, may be made to terminate one year after the 30th of June following, at the discretion of the Commission.
3. A license issued for a time other than one year shall be paid for when issued at the rate of one-twelfth of the annual fee for each month of the term.
4. A temporary license to "sell" alcoholic liquor of one or more varieties, by the glass only, and for a period of not more than three months, may be granted by the Commission to any person to whom an annual license may be issued under this Act, but such temporary license shall not be renewed more than once during the same twelve months' period.
Section 26. Every holder of a license to "sell," compound or dispense "alcoholic liquor" under this Act, excepting an individual licensed to receive and use or dispense sacramental wine, must display the certificate of such license conspicuously in view of any "person" purchasing or proposing to purchase or to receive such "alcoholic liquor."
Section 27. The Commission shall determine and publish standards for the manner in which the dining room or dining rooms of a "hotel," "restaurant" or "club," or the bedrooms of a "hotel" shall be equipped in order to be allowed to exercise therein the privilege of sale of "alcoholic liquor" conferred by a license. It shall be the duty of the Commission to examine the plans or premises proposed for use as a dining room or bedroom and to authorize their use in connection with a license to sell "alcoholic liquor" but such authorization shall not prevent the requirement by the Commission of future alterations in accordance with published standards.
Section 28. The Commission shall require that every holder of a license for the "sale" of "alcoholic liquor" shall make a return of his "manufacture," purchases, stocks and "sales" of "alcoholic liquor" in such manner and at such times as may be fixed by the Commission.
Section 29. 1. The Commission may cancel or suspend any such license for the sale of alcoholic liquor, if it has reasonable ground to believe:
(a) That the licensee has violated any provision of this Act or Acts amendatory hereof or any regulation of the Commission pursuant hereto.
(b) That the licensee has made any false representation or statement to the Commission in order to induce or prevent action by the Commission.
(a) That the licensee is not maintaining an acceptable bond.
(a) That the licensee is acting as an agent of a "manufacturer" of "alcoholic liquor" or has borrowed money or accepted gratuities from such a "manufacturer" or any agent thereof.
(b) That the licensee maintains a noisy, lewd, disorderly, or unsanitary establishment or has been supplying impure or otherwise deleterious beverages or food.
(c) That the licensee is in the habit of using "alcoholic liquor" to excess.
(d) That the licensee has sold "alcoholic liquor" in contravention of the provisions of Section 34 of this Act.
(e) That the licensee has in his possession or while acting as such licensee has sold or offered for sale any "alcoholic liquor" not purchased from or through the Commission.
() That the licensee has misrepresented any "alcoholic liquor" sold by him as purchased through the Commission or has in his possession, or has used any wrappers, labels, corks, caps, stamps or bottles not purchased from or through the Commission which are deceptively similar to those used by the Commission.
(j) That the licensee has since the granting of his license been convicted of a felony or has been convicted of violating any of the liquor laws of this State, general or local, including the provisions of this Act.
(k) That there is any other reason which in the opinion of the Commission based on public convenience or necessity warrants cancelling or suspending such license.
2. (a) Such cancellation shall entail the loss of the privilege conferred by the license and shall entail the seizure by the Commission of any "alcoholic liquor" found in the possession of the holder of the license. Notice of the order of cancellation of a license may be served, by an officer designated by the Commission, by affixing a duplicate thereto to the outside of an entrance door of the licensed premise, or by leaving a duplicate with the holder of the license or with any member of the family of the holder over the age of eighteen years at the residence of the holder, or otherwise as in the judgment of the Commission will give notice of such cancellation. All cancellations shall take effect as soon as the order is served. The cancellation of a license shall not act in any wise to prevent the institution of any criminal proceedings for any offense under this Act by the person who was the holder of such license while the same was in force. No conviction obtained for any offense under this Act shall prevent the Commission from cancelling the license of any offender nor from making at the same time a seizure of alcoholic liquor as above provided.
(b) The Commission shall within thirty days of the date of cancellation remit to such license holder the part of the license fee already paid and pertaining to the unexpired term of such license. In addition, the Commission shall remit to such license holder the amount originally received by the Commission from such license holder in payment for such "alcoholic liquor" seized as remains in packages sealed by the Commission, less 10 per cent of such amount received. When other legally acquired "alcoholic liquors" have been seized under this Section, the value thereof, as determined by the Commission, shall be remitted to the holder of the license cancelled by the Commission less 10 per cent of such value. When other and illegally acquired "alcoholic liquors" have been seized under this Section such liquors shall be destroyed by order of the Commission and no payment shall be made therefor.
(c) The Commission shall cancel every license made use of on behalf of any "person" other than the one to whom or on behalf of whom it has been issued.
(c) The rights conferred by a license may be transferred by the Commission to any representative designated by the "person" to whom or on behalf of whom such license was originally granted, provided that such representative shall be a "person" approved by the Commission. In the case of death of an individual to whom a license has been granted, the Commission may transfer the license to such qualified "person" as may be recommended by the Executors or Administrators of the Estate of the Deceased licensee.
(c) In the case of seizure of "alcoholic liquor" under any judgment rendered against the holder of any license, or in the case of insolvency of such person, the officer seizing such alcoholic liquor or the Trustee in Bankruptcy of such license holder, shall deliver to the Commission all "alcoholic liquors" found in the possession of the judgment debtor or bankrupt, as the case may be. The Commission must, within one month, after the date of delivery by said officer or said Trustee in Bankruptcy, as the case may be, hand over to such officer or Trustee in Bankruptcy the amount originally received by the Commission for the "alcoholic liquor" so delivered as remains in packages sealed by the Commission less 10 per cent of such proceeds, and the value, as established by the Commission, of other legally acquired "alcoholic liquor" so delivered, less 10 per cent of such value. Any illegally acquired "alcoholic liquor" so delivered shall be destroyed by order of the Commission and no payment shall be made therefor.
TARIFF OF LICENSE FEES
Section 30. (A) The fee to be paid to the Commission upon every application for a license, shall be one-fifth of the amount to be paid upon the granting of such license.
(B) The fees to be paid to the Commission upon the granting of licenses, shall be the following:
For a license:
1. To "sell" "alcoholic liquor" in the dining room of a "hotel" or a "restaurant" or in the bed room of a "traveller" in a "hotel,"
(a) Three hundred dollars if such "hotel" or "restaurant" be in a city of 25,000 inhabitants or more ;
(b) One hundred and fifty dollars if such "hotel" or "restaurant" is located elsewhere;
(c) If the holder of a license, under this division (1), is a "person" having charge of a "hotel" situated in an unincorporated town, village or rural municipality, and if a license is also granted him to keep in the same place a store, in accordance with paragraph (7) of this section, the fees to be paid upon the granting of these two licenses are one hundred and fifty dollars only.
2. To sell "alcoholic liquor" during meals only in the dining room of a boat, one hundred fifty dollars ;
If the holder of a license is in addition authorized to sell between meals, the amount of the fee under this paragraph shall be three hundred dollars ;
3. To sell "alcoholic liquor" in the passenger cars of a Railroad, one hundred dollars for each Railroad.
4. To sell Alcoholic Liquor in the Dining Room or Tap Room of a Club.
(a) $150.00 for such Club having an active membership in good standing of Four Hundred (400) Members or more.
(b) $75.00 for such Club having an active membership in good standing of less than Four Hundred (400) members.
5. To sell beer only in any establishment specified in paragraphs 1 or 2 of this Section, one hundreds fifty dollars.
6. To sell beer only in a "tavern," one hundred dollars.
7. To sell "alcoholic liquor" from a grocery, a delicatessen shop, a "hotel," a "restaurant" or a store in quantity not more than one "bottle" of "spirits," twelve "bottles" of "wine" or of "beer" or twenty-four half bottles of "wine" or of "beer," not for consumption on the premises, the sum one hundred fifty dollars, except as provided in paragraph 1 (c) of this Section.
8. To sell "alcoholic liquor" at "gatherings of persons" the sum of ten dollars for each "gathering."
9. For a license to purchase a stock of "alcoholic liquor" for storage in the residence of the licensee for his or her personal use and for the personal use of his or her family and guests but not for sale or for transportation to other premises without a permit to transport stock issued by the Commission, according to Section 19 of this Act, the sum of one dollar.
10. (a) For a license to "manufacture" and to "sell" "beer" as provided in this Act, the sum of three thousand dollars ($3,000).
(b) For a license to operate a "distillery" for distillation or rectification of five hundred proof gallons or less of "alcohol" or "spirits," the sum of fifty dollars ($50). For each additional five hundred proof gallons or less of "alcohol" or "spirits," distilled or rectified, the sum of fifty dollars ($50).
(c) For a license to "bottle" five hundred barrels or less of "beer," the sum of fifty dollars ($50).
For each additional five hundred barrels or less bottled, the sum of fifty dollars -($50).
11. For a license to "import" or to ship alcoholic liquor into this State and to sell and deliver such alcoholic liquor as provided in this Act the sum of Three Thousand ($3,000.00) Dollars provided, however, that a sale and delivery of alcoholic liquor to the following: "Pharmacists, Physicians, Dentists, Veterinarians, Wholesale Druggists, Manufacturing Plants where said alcohol is used in Scientific work, or for the manufacture of Pharmaceutical Products" shall not be subject to the Three Thousand ($3,000.00) Dollar tax aforesaid.
12. A. For a license to "import" or to ship "beer" only into this State and to sell and deliver such "beer" the sum of Five Hundred ($500.00) Dollars.
6. For a license to transport "alcoholic liquor" into this State when consigned to the Commission for delivery to a hotel, to a restaurant or to an individual, holder of a license to purchase "alcoholic liquor" for stock, as provided in Section 19 of this Act, a percentage of the value of such alcoholic liquor, to be fixed by the Commission, shall be charged.
7. For a license to transport a stock of "alcoholic liquor" from the place where "sale," or storage of such stock has been authorized to another location, a charge to be fixed by the Commission.
8. For a license for a physician, dentist or veterinarian to "sell" "alcoholic liquor" to his or her patients for medicinal Section 32. 1. "Alcoholic liquor" in "bottles" procured, by the holder of a license to resell for the purpose of delivering the same to "travelers" must be kept in the "bottles" in which it was procured. As long as any such "bottle" bears the mark or label which it bore when delivered, it is forbidden to put therein any other "alcoholic liquor," substance or liquid; and no holder of a license nor anyone on his behalf, after the "alcoholic liquor" bottled in one of the said "bottles" has been poured out, may refill such "bottle," either wholly or in part, with intent to supply "alcoholic liquor" or any other substance or liquid to any "traveler."
2. No holder of a license shall use or allow the use of any mark or label on a "bottle.' in which "alcoholic liquor" is kept for sale, that does not precisely and clearly indicate the nature of the contents of such "bottle," or which might in any way deceive any "traveler," "club member" or other person as to the nature, composition or quality of such contents.
3. No holder of a license, nor any other person, shall for any reason mix or permit the mixing of or cause to be mixed, any "alcoholic liquor," which is not authorized to be sold, with any "alcoholic liquor" the sale of which is authorized by such license.
Section 33. 1. The Commission shall not sell or deliver "alcoholic liquor" on any holiday as hereinafter named, nor before ten o'clock in the morning nor after six o'clock in the evening of any other day.
2. It is forbidden for any "manufacturer" to sell or to deliver "alcoholic liquor" on any holiday as hereinafter named, or before four o'clock in the morning or after five o'clock in the evening of any other day.
3. It is forbidden for any holder of a license for the sale of "spirits or wines" in a store to sell or to deliver the same on any holiday as hereinafter named, or to sell or deliver beer on Sunday or on Christmas day, or in any territory where an election is held during the hours of the day upon which the polling at such election takes place, or before nine o'clock in the morning or after ten o'clock in the evening of any other day.
4. It is forbidden for any holder of a license for the sale of "alcoholic liquor" in a "hotel," in a "restaurant," in a "club" or in a "tavern," to sell the same between twelve o'clock midnight of any day and nine o'clock in the forenoon of the following day, provided that the closing hour may be made earlier in any Municipality by ordinance of the Municipal Corporation. It is also forbidden for such person to sell "spirits" or "wines" on any holiday hereinafter mentioned, or to sell or deliver beer on Sunday or on Christmas day, or in any territory where an election is held, during the hours of the day upon which the polling at such election takes place. Provided, however, that the holder of a license to "sell," serve or dispense "alcoholic liquor" at a gathering of "persons" may be permitted by written order of the Commission to continue "selling," serving or dispensing until not later than one o'clock in the morning of the day following the beginning of such a gathering.
5. For the purpose of this Act, the following shall be considered as holidays :
Sundays
Fourth Day of July Labor Day
Armistice Day
Thanksgiving Day Christmas Day; and
In any territory where an election is held, during the hours of the day upon which the polling for such election takes place.
6. In the municipalities and other political subdivisions of this State where daylight saving time is observed, whether authorized by law or by custom, such daylight saving time shall apply to the hours mentioned in this Section for the period during which such daylight saving time exists.
Section 34. 1. It is forbidden to sell any "alcohol," "spirits" or "wine" to any individual who has not reached the age of twenty-one years.
2. It is forbidden to sell any "beer" to any individual who has not reached the age of eighteen years.
3. It is forbidden to sell any "alcoholic liquor"--
(a) To any "person" to whom such sale is prohibited ;
(a) To any keeper or inmate of a disorderly house;
(a) To any individual convicted of drunkenness, or of driving a motor car while under the influence of intoxicating liquor, or of any other offence caused by drunkenness, the provisions of this subparagraph shall be effective only from and after the effective date of this Act;
(b) To any individual who is insane or mentally deficient;
(c) To any individual who habitually drinks "alcoholic liquor" to excess, or to whom the Commission has, after investigation, decided to prohibit the sale of such liquor because of an appeal to the Commission by the husband, wife, father, mother, brother, sister, employer or other "person" depending upon employing or in charge of such individual, or by the Mayor or other competent representative of any city, town, or other incorporated place. The interdiction in such case shall last until removed by the Commission.
No sale made to any of the individuals or "person" mentioned in paragraphs (a), (b), (c), (d) and (e) above, shall constitute a misdemeanor unless the Commission has informed the seller, by registered letter, that it is forbidden to sell to such individual or "person" or unless the fact is otherwise known to such "seller."
4. It is forbidden to sell any alcoholic liquor over a bar or over a counter or to permit purchasers to consume alcoholic liquors while standing or sitting at a bar or counter. Provided, however, that this section shall not be construed so as to apply to any club, provided said club is incorporated and has been in existence for a period of one (1) year before any such sale is made.
Section 35. The Commission must procure and keep constantly on hand for the purpose of supplying ministers of religion, such "wine" as is approved by the religious authorities and required for divine service or religious purposes.
Section 36. No "alcoholic liquor" may be kept in the State, except :
(a) In the stores and warehouses of the Commission or in any other place under its control;
(b) In an "establishment" licensed by the Commission to sell such "alcoholic liquor" ;
(c) In an "establishment" where it is expressly permitted by the Commission to keep such liquor;
(d) In an "establishment" where, by exception, it is permitted by law to keep "alcoholic liquor" ;
() In the residence of any person, provided such liquor be not kept with intent to sell the same, but one sale shall suffice to establish such intent;
(g) In a "club," provided that such "club" hold a license granted according to the provisions of Section 17, paragraph 10 of this act, and that such a license be in force. In the baggage of an individual who is transporting "alcoholic liquor" for his personal use ; or
(g) In a church, or a chapel, or other place for religious worship or a dependency thereof where sacramental "wine" obtained from the Commission may be kept.
The keeping of "alcoholic liquor" elsewhere than in the places mentioned in this Act shall constitute an offense under this Act.
2. No "alcoholic liquor" may be transported in the State, except:
(a) Directly from one "establishment" in this State to another "establishment" belonging to or leased by the same "person," holder of a license to transport such "alcoholic liquor" ; or
(b) Directly from the "establishment" of a holder of a license to "sell" and to deliver "alcoholic liquor" to the "establishment" of a like holder of license to sell or to the residence in this State of any person, holder of a license to purchase alcoholic liquor to be kept in stock for his or her personal use, and who has not been convicted for selling alcoholic liquor without a license; or
(c) Directly from the "establishment" of a "person" holder of a license to transport such "alcoholic liquor" to a place outside of this State ; or
In the baggage of an individual who is transporting "alcoholic liquor," for his personal use or the use of his family and guests, in quantity not to exceed one bottle of spirits or twelve bottles or twenty-four half bottles of "wine" or of "beer."
Section 37. I. If "alcoholic liquor" is to be shipped to a point within the State by other than the manufacturer or importer thereof ; the transportation thereof outside of the municipality in which the "establishment" of the seller is situated, shall be made only by a common carrier or, if not contrary to the rules of the Commission, by the purchaser on condition that it is transported in a vehicle owned or hired by said purchaser directly to his residence, or, if such "purchaser" is the holder of a license to "sell," to his "establishment," but such transportation shall not be by the seller nor by any employee, agent or representative of such seller, nor by any other "person" interested in the sale.
2. If alcoholic liquor is to be shipped to a point within or without this State by the manufacturer or importer thereof the shipment may be made by common carrier or by vehicle owned or hired by said manufacturer or importer under the rules of the Commission.
3. If the transportation of "alcoholic liquor" be effected by a common carrier, the individual transporting or in charge of the transportation of such "alcoholic liquor" shall have in his possession and produce upon request a way-bill or other evidence of authorized shipment containing the name and address of the shipper and the name and address of the consignee.
EXCEPTIONS
Section 39. 1. No provision of this Act shall prevent any individual practicing medicine, surgery or obstetrics, or any individual practicing as a dentist or as a dental surgeon, or any individual practicing the profession of veterinary surgeon, as described in Section 17, paragraphs 8 (a), 8 (b) and 8 (c) of this Act, from purchasing "alcoholic liquor" in quantities larger than one "bottle" and keeping and using the same for purposes of solution or sterilization in his own practice, or in making any "preparation" for external application administered by himself, or from purchasing brandy, such as defined in the United States Pharmacopocia--or rum--for use in compounding his medicines.
2. No provision of this Act shall prevent any individual licensed to conduct a pharmacy as provided in Section 17, paragraph 7, of this Act--
(a) From purchasing "alcoholic liquor" in quantities larger than one "bottle," for use, in medicinal, officinal or pharmaceutical "preparations"--provided, however, that no such person may sell such "alcoholic liquor" except when contained in such preparations or when filling a prescription, or an order of an individual holder of license as provided in Section 17, paragraph 8 of this Act.
(b) From purchasing ethyl alcohol in quantities larger than one "bottle," and selling the same for obstetrical or antiseptic purposes only, in quantities not exceeding 16 ounces, upon prescription of an individual practicing medicine, surgery or obstetrics and registered as such in the State of Delaware, or upon the certificate of the latter if the sale be made to him personally.
3. Every such individual or "person" mentioned in this Section 39 shall purchase such "alcoholic liquor" directly from the Commission, but the latter may, at its discretion, refuse to sell the quantity applied for.
Section 40. No provision of this Act shall prevent any "distillery" duly licensed by the United States or by the State of Delaware to "manufacture" "alcohol" or "spirits" in this State or any "wine" manufacturer in this State from having or keeping for sale in his "establishment" in this State the "alcoholic liquor" so licensed to be manufactured by him, or from selling or delivering the same in accordance with the provisions of this Act.
However, if such "alcoholic liquor" is to be shipped to a place within this State, such "distillery" or "manufacturer" may sell it only to the Commission or under the published rules of the Commission and such "distillery" or "manufacturer" shall in every case comply with every other provision of this Act which may be applicable.
The Commission may, upon the conditions it determines, grant to any "distillery," duly licensed by the United States or by the State of Delaware to manufacture "alcohol" or "spirits" in the State of Delaware, a special license authorizing such "distillery" to purchase and to import, from such persons as are entitled to sell the same, "wines" or "spirits" to be used for the sole purpose of blending with and flavoring such products.
Section 41. No provision of this Act shall prevent the Commission from authorizing any "brewery" to "sell" and to deliver "beer" to any "person" in this State holder of a license to receive and resell such "beer" provided that a duplicate bill of such sale is filed with or mailed to the Commission.
Section 42. No provision of this Act shall prevent the Commission from agreeing to the sale and delivery of potable or non-potable "alcohol" from a "distillery" direct to a "manufacturer" of articles requiring such "alcohol," provided each quantity of "alcohol" so sold and delivered be not less than one barrel, and provided such sale and delivery be made subject to such conditions as the Commission may publish.
Section 43. 1. No provision of this Act, shall, by reason only that such product contains "alcoholic liquor," prevent--
(a) The sale of any perfume, lotion, tincture, varnish, dressing, fluid extract or essence, vinegar, cream, ointment, or salve, of any distillate or decoction, or
(a) The sale of any "preparation," officinal, medicinal or pharmaceutical, or of any patent or proprietary medicine, intended solely for medicinal purposes, provided that such product does not contain "alcohol" in any greater quantity than the amount required as a solvent or preservative, or provided that it to be so compounded as to render it unsuitable for use as a beverage. and is used for beverage purposes, it may notify the "manufacturer" or the "seller" to that effect and from and after the date of such notice this Act applies to such product, and the "manufacturer" or the "seller" so notified commits an offense under this Act if he sells such product after such notice, and is liable to the penalties mentioned in Section 45 of this Act.
3. In order to determine whether any particular "preparation" proprietary or patented, contains "alcohol" in excess of the amount required as a solvent or preservative, or whether it is so compounded as to render it unsuitable for use as a beverage, the Commission may have a sample of such "preparation" purchased from any "person" whomsoever, analyzed by such individual as the Commission may select.
If it appears from the analysis of such sample that such "preparation" contains "alcohol," in excess of the amount required as a solvent or preservative, or that it is not so compounded as to render it unsuitable for use as a beverage, the Commission may notify the "manufacturer" or the agent in this State of the "manufacturer" of such "preparation," or the "person" who has acquired such "preparation," for purpose of resale, that such "preparation" is not a medicine within the meaning of Section 43 of this Act, but is an "alcoholic liquor" to which this Act applies, and from the service of such notice this Act shall apply to such "preparation" and the "manufacturer" or the agent in this State of the "manufacturer" or the "person" who has acquired same to resell, so notified, commits an offense against this Act if he sells such "preparation" after the date of the service upon him of such notice.
This notice shall consist of a copy, certified by the Secretary of the Commission or by one of its members, of a resolution passed by the Commission stating that the "preparation" specified in the resolution is not a medicine in the sense of Section 43 of this Act, but is an "alcoholic liquor" to which this Act applies, and this notice is served by sending a copy by registered letter to the "manufacturer," or to the agent in this State of the "manufacturer," or to the person who has acquired such "preparation" to resell.
4. This Section applies to every "preparation" defined or described in Section 3, paragraph 29, or in Section 43, paragraphs 1 (a) and 1 (b) of this Act, other than that which is prepared by a druggist at the time of the prescription of a physician and in accordance with its tenor or which is prepared by a physician for the use only of a patient actually under his care.
OFFENCES AND PENALTIES
Section 44. Whosoever--
(a) Peddles any "alcoholic liquor ;" or
(b) Keeps, sells or dispenses "alcoholic liquor" in a "disorderly house;" or
(c) Being an employee of the Commission, infringes any of the provisions of this Act, otherwise than by purchasing "alcoholic liquor" in the manner mentioned in Section 7, paragraph 3 of this Act ; or
(d) Not being the holder of a license to that effect, still in force, or not being authorized thereto by this Act, sells any "alcoholic liquor" in the State of Delaware;
(e) Not being the holder of a license under this Act, claims or represents that he is the holder of such a license or exhibits a document purporting to be a license under this Act: Shall be guilty of a misdemeanor and, upon conviction, in addition to payment of costs, shall be imprisoned for a term of not less than three months and not more than six months at the discretion of the Court.
Section 45. Whosoever-
(a) Being the holder of a license, sells any "alcoholic liquor" of a kind other than that of which his license or this Act authorizes the sale; or
(b) Being the holder of a license, sells the "alcoholic liquor" which his license or this Act authorizes him to sell, but to any "persons" other than those to whom his license or this Act authorizes him to sell ; or
(c) Being the holder of a license, keeps or allows the keeping in his "establishment" of any "alcoholic liquor" other than that which he is authorized to sell in virtue of his license; or
(d) Being the "manufacturer" or the agent in this State for the "manufacturer" of any liquid or solid containing "alcoholic liquor," sells such liquid or solid as a medicine or "preparation" after the Commission has notified him in accordance with Section 43 of this Act ; or
(e) Keeps or allows the keeping of any "alcoholic liquor" in his residence, either for himself or for other persons on deposit or otherwise, with intent to sell the same ; or
(f) Not being the holder of a license in virtue of Sections 17 and 18 of this Act, keeps or allows "alcoholic liquor," to be kept in a "club" for himself, or for members of the "club," or for other persons in storage or otherwise; or
(g) Has in his possession or fraudulently sells wrappers, labels, corks, caps or stamps imitating those used by the Commission, or sells or deals in any manner whatever with those manufactured for the Commission and for its use; shall be guilty of a misdemeanor, and shall, upon conviction, in addition to payment of costs, pay a fine of not less than Five Hundred Dollars ($500) and not more than One Thousand Dollars ($1,000) at the discretion of the Court, and, on failure to pay such fine and costs, to imprisonment for a term of not less than three months and not more than six months at the discretion of the court.
Section 46. Whosoever--
(a) Being holder of a license, sells "beer" to which wine, spirits, or alcohol has been added ; or sells wine to which spirits or alcohol has been added, other than such addition of spirits or alcohol to render possible transportation or to secure the customary fortifying thereof; or sells any alcoholic liquor to which has been added any adulterating or deleterious substances or liquid; or
(a) Being the holder of a license, sells any "alcoholic liquor" that his license or this Act authorizes him to sell, but in any place, or in any manner, or in any quantity other than his license authorizes him to sell; or
(b) Being the holder of a license to sell "spirits," "wine" or "beer" in a dining room or bedroom, has not furnished, fitted, or equipped such dining room or bedroom in the manner or to the extent indicated by the Commission; or
(c) Being the holder of a license to "sell" "spirits," "wine" or "beer," as the case may be, does not comply with the requirements of Section 17 of this Act, or any provision of said Section ; or
(d) Being the holder of a license, sells any "alcoholic liquor" which he is authorized by his license to sell, at any time forbidden by Section 2 of this Act ; or
(g) Being the holder of a license, sells or delivers any "alcoholic liquor" for the sale of which he is authorized by his license, to any person who has not reached the age prescribed in Section 20 of this Act or "sells" or delivers to any person of more than such age any "alcoholic liquor" for the sale or delivery of which he is authorized by his license, knowing that such "alcoholic liquor" is bought for a person whose age is less than the age prescribed in Section 20 of this Act, and is to be drunk by the latter; or Being the holder of a license, knowingly sells to any of the persons mentioned in Section 34 of this Act after notice sent to him by the Commission in compliance with the provisions of the said Section, any "alcoholic liquor" for the sale of which he is authorized by his license; or
(g) Being the holder of a license to sell "beer" in a store allows any "alcoholic liquor" "sold" therein to be drunk in such store or its dependencies, either by the purchaser or by any other person, or delivers the same contrary to the provisions of Section 34 of this Act ; or *
(h) Being the holder of a license to sell "alcoholic liquor" in the dining room of any "hotel," "restaurant," "club" or steamboat, or in a dining car, does not keep his license constantly posted conspicuously in view of the public in such dining room or dining car ; or
Being the holder of a license, keeps or transports any "alcoholic liquor" in contravention of this Act; or
(i) Having acquired for the purpose of resale any liquid or solid containing "alcoholic liquor," sells it as a medicine or "preparation" after having been notified by the Commission in accordance with Section 43 of this Act; or
(1) Not being the holder of a license, leads the public or "travellers" to believe, by means of signs, inscriptions, advertisements, or circulars that he is authorized to sell "alcoholic liquor;" or
(m) Buys or receives any "alcoholic liquor" from any "person" not authorized to sell such variety of "alcoholic liquor" or keeps such "alcoholic liquor" in his possession ; or
(o) Obtains, even gratuitously, during the time when the sale thereof is forbidden any "alcoholic liquor" from any holder of a license for the sale thereof ; or Causes any disturbance in any place or brings thereinto or drinks therein any "alcoholic liquor" prohibited therein; or
(o) Buys, for any remuneration whatsoever, any "alcoholic liquor" for another person ; or
(p) Being in charge of the transportation by motor vehicle, by railway, by steamboat, by other vehicle, or by a common carrier or express company, knowingly transports "alcoholic liquor" without having with him and showing when asked a way-bill giving the name and address of the shipper and the name and address of the consignee, or knowingly having a way-bill giving a false name or a false address; shall be guilty of a misdemeanor, and shall, upon conviction, in addition to the payment of costs, pay a fine of not more than one hundred dollars ($100) and, on failure to pay such fine and costs, shall be imprisoned for one month ; and, for any subsequent offence shall be imprisoned for one month.
Section 47. Wherever the penalty for an offense committed consists of imprisonment in whole or in part and the accused is a corporation, partnership or other association of persons, such penalty shall be replaced by a fine of two thousand dollars ($2,000) in addition to the costs.
Section 48. Whosoever interferes with or hinders any officer or inspector authorized by the Commission to investigate any infringements of this Act, or to make any search, examination or seizure, in the performance of his duties to that end, shall be guilty of a misdemeanor, and, shall, upon conviction, in addition to any other penalty which may be imposed upon him under this Act, and in addition to payment of costs, pay a fine of one hundred dollars ($100) for each offence, and on failure to pay such fine and costs, shall be imprisoned for a term of one month.
Section 49. Whosoever, being the holder of a license for the sale of "alcoholic liquor" under this Act neglects or refuses to make a return to the Commission, within ten days immediately following the date indicated by the Commission, of his purchases and sales of "alcoholic liquor" as herein provided, shall be guilty of a misdemeanor under this Act, and, upon conviction, shall be sentenced to pay a fine of ten dollars ($10) per day for each day's delay, to run from the expiration of such ten days.
Section 50. In any trial for the offence mentioned in Section 34, paragraphs 1 and 2, the burden shall be upon the defendant to prove that he had just cause to believe that the person to whom or for whom the "alcoholic liquor" was sold was of the age of more than twenty-one years or more than eighteen years. as required by said paragraphs 1 and 2, respectively, to entitle the purchaser to purchase the "alcoholic liquor" sold.
Section 51. In addition to the penalties imposed by this Act any person, who, being the holder of a license for the sale of alcoholic liquor, knowingly sells to any individual to whom he is forbidden, as provided in Section 34, paragraph 2 (e) of this Act, after having been so notified by the Commission, shall be liable to civil action and may, in addition to the penalty in this Act provided for such offense, be sentenced to pay to the person appealing a sum of not more than $500 by way of exemplary damages.
Section 52. No officer or inspector employed by the Commission for the enforcement of this Act when acting in his official capacity, shall incur any of the penalties exacted by this Act for the punishment of those who obtain "alcoholic liquor" either from a holder of a license granted under this Act or from a "person" who is not the holder of a license.
Section 53. No action to recover the price of any "alcoholic
liquor" sold in contravention of this Act may be maintained.
SEIZURES
Section 55. 1. Wherever alcoholic liquor is being peddled in this State or whenever any alcoholic liquor in excess of one bottle of spirits or in exess of twelve bottles, or twenty-four half bottles of wine or beer, is transported in this State, unaccompanied by a license to transport such alcoholic liquor as provided in Section 36, paragraphs 2 (a), 2 (b), and 2 (c) of this Act or unaccompanied by a way bill as provided in Section 37 of this Act, any officer or inspector of the Commission, authorized to that effect, may seize such alcoholic liquor, as well as the receptacle or receptacles containing the same, and hand them over to the commission, which shall keep them in its custody until the Court has disposed of them by a judgment.
The provisions of this Section shall not at any time or in any instance be construed to apply to an individual who is transporting, for his own personal use, any alcoholic liquor in any quantity.
Section 56. Any officer or inspector of the Commission authorized thereto, may seize, without a warrant, any "alcoholic liquor," as well as any receptacle containing it shipped into a municipality or part of this State, in which a prohibitory law is in force, or whose competent authority has decided, in the manner set forth in this Act, that any license or any certain kind of license shall not be granted unless each parcel containing such "alcoholic liquor" is clearly and visibly addressed to the bona fide purchaser. The fact that such parcel is so addressed shall not, however, prevent the seizure of the "alcoholic liquor," and of the receptacles containing it if such "alcoholic liquor" be shipped or sold contrary to any provision of this Act.
The "alcoholic liquor" seized as well as the receptacles containing it shall be handed over to the Commission, which shall keep it in its custody until the Court has disposed of such "alcoholic liquor" by a judgment.
Section 57. Any officer or inspector of the Commission, authorized to that effect, may, without a warrant, seize "alcoholic liquor" found in a "disorderly house," as well as any receptacle containing the same, and hand them over to the Commission, which shall keep such "alcoholic liquor" in its custody until the Court has disposed of it by a judgment.
Section 58. Every officer or inspector of the Commission, authorized to that effect, may, without a warrant, seize any "alcoholic liquor" which to his knowledge or that of the Commission is, in any way other than above indicated, kept, transported or sold in contravention of this Act, as well as any receptacles containing it, and hand them over to the Commission, which shall keep them in its custody until the Court has otherwise disposed of such "alcoholic liquor" by a judgment.
Section 59. When any "alcoholic liquor" is seized in a vehicle, if such "alcoholic liquor" was being transported in contravention of this Act, the officer or inspector effecting the seizure may detain such vehicle and use it, without charge, for transporting the "alcoholic liquor" so seized, as well as the receptacles containing it, to the custody of the Commission.
Section 60. Whenever any "alcoholic liquor" is seized under this Act, it must be declared by the Court to be confiscated, upon proof of any contravention of the law, save in cases otherwise provided for.
If the name or the address in this State of the "person" at whose residence or in whose possession such liquor is found be unknown to the Commission, such liquor, shall be deemed confiscated at the expiration of two months from the date of seizure.
GENERAL PROVISIONS
Section 61. The provisions of this Act shall become effective when and as prohibitions concerning "alcoholic liquors" in the Constitution of the United States or the Statutes thereof are changed, reduced, or abolished and to the extent of such changes.
Section 62. If any word, section, paragraph, clause, or sentence of this Act shall be declared invalid by any Court of competent jurisdiction, the remaining sections, paragraphs, clauses, and sentences shall not be affected.
Section 63. Any Act or part or parts of Acts in conflict or inconsistent herewith are hereby repealed to the extent of such conflict or inconsistency.
Approved May 15, 1933.