Delaware General Assembly

CHAPTER 107

FORMERLY

HOUSE BILL NO. 134

AS AMENDED BY

HOUSE AMENDMENTS NO. 1, 2 AND 3

AND SENATE AMENDMENTS NO. 3, 7 AND 8

AN ACT TO AMEND TITLE 4 OF DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

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

Section 1. Amend §101, Chapter 1, Title 4 of the Delaware Code, by striking the definition of "Half Bottle" as the same appears in said section.

Section 2. Amend §101, Chapter 1, Title 4 of the Delaware Code, by placing a semicolon ( ;) immediately after the word "liquid" in the definition of "Bottle", and striking all subsequent words.

Section 3. Amend §101, Chapter 1, Title 4 of the Delaware Code, by striking the word "peddle" from the definition of the word "Sell", by striking the definition of "Peddle" from said section, and by adding the following words to the end of the definition of "Sell":

"to carry alcoholic liquors 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 ;"

Section 4. Amend §304, Chapter 3, Title 4 of the Delaware Code, by striking the first sentence in subsection (2) and substituting in lieu thereof the following:

"Establish by rules and regulations an effective control of the business of the 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 Title or with the provisions of any other law of this State."

Section 5. Amend §304, Chapter 3, Title 4 of the Delaware Code, by striking subsection (6) in its entirety, and substituting in lieu thereof the following:

"(6) Grant, refuse or cancel licenses required by this Chapter for the manufacture or sale of alcoholic liquors, or other licenses required by this Chapter in regard thereto, and to transfer any licenses so granted."

Section 6. Amend §304, Chapter 3, Title 4 of the Delaware Code, by striking subsection (13) in its entirety, and substituting a new subsection in lieu thereof, which shall read as follows :

"(13) Determine and publish standards for the manner in which the dining room or dining rooms of a hotel, restaurant or club shall be equipped in order to be allowed to exercise the privilege of the sale of alcoholic liquors therein; and examine the plans or premises proposed for use as a dining room and authorize their use in connection with a license to sell alcoholic liquors, but such authorization shall not prevent the requirement by the Commission of future alterations in accordance with published standards."

Section 7. Amend §304, Chapter 3, Title 4 of the Delaware Code, by striking subsection (14) in its entirety, and renumbering all subsequent subsections accordingly.

Section 8. Amend §307, Chapter 3, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new section which shall read as follows:

§ 307. Conflict of interest

No Commissioner nor any person doing any work for 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 percent (10%) of the capital stock of a corporation, have any interest whatsoever in the sale or manufacture of alcoholic liquors, or in any enterprise or industry in which alcoholic liquors are required.

No Commissioner nor any person doing any work for the Commission shall receive any commission or profit whatsoever from, or have any interest whatsoever in the purchase or sales made by the Commission or by persons authorized by virtue of this Title to purchase or sell alcoholic liquors; provided, however that nothing in this section shall prevent any Commissioner or employee from purchasing and keeping alcoholic liquors in his possession for the personal use of himself, members of his family or his guests if such purchase is otherwise permitted by the provisions of this Title, and no provision of this Title shall prevent any Commissioner or employee from owning a minority interest in a corporation engaged in the manufacture and sale of denatured alcohol for industrial or other non-beverage uses.

Section 9. Amend §311, Chapter 3, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting a new section in lieu thereof, which shall read as follows :

§ 311. Deposit of receipts with Division of Revenue

All moneys received by the Commission, except sums retained by the Commission in accordance with the provisions of this Chapter, shall be paid to the Division of Revenue of the Department of Finance. A monthly report of all receipts by the Division shall be made to the State Treasurer.

Section 10. Amend §312, Chapter 3, Title 4 of the Delaware Code, by striking said section in its entirety.

Section 11. Amend §314, Chapter 3, Title 4 of the Delaware Code, by adding at the end of said section the following sentence:

"The State Treasurer will not, however, require such reports to be rendered more often than quarterly."

Section 12. Amend §315, Chapter 3, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new section which shall read as follows:

§ 315. Annual audit

The operation of the Commission shall annually be examined and audited by the State Auditor or by a certified public accountant.

Section 13. Amend §501, Subchapter I, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new section, which shall read as follows:

§ 501. Supplier and representative licenses

(a) Before any person sells any alcoholic liquor intended for importation into this State, he shall procure from the Commission a supplier's license in the form to be prescribed by the Commission and shall pay therefor an annual fee in the amount of $25.00 to be permitted to sell not more than 50 cases of alcoholic liquors for importation into the State during the calendar year or an annual fee in the amount of $250.00 to be permitted to sell more than 50 cases of alcoholic liquors for importation into this State during the calendar year. The provisions of this paragraph (a) shall not apply to any person licensed under paragraph (b) of this Section nor to any person who either is licensed by the Commission and has a place of business in this State for the manufacture or sale of alcoholic liquors or is an officer, director, or employee of a person, licensed by the Commission, having a place of business in this State for the manufacture or sale of alcoholic liquors.

(b) Before any person shall do any business in this State in any manner whatsoever as a sales representative of a person who sells any alcoholic liquors intended for importation into this State, he shall first obtain from the Commission a sales representative license in the form to be prescribed by the Commission and shall pay annually a fee therefor in the amount of $25.00. Unless employed in any way by a person required to be licensed under paragraph (a) above, the provisions of this paragraph (b) shall not apply to any person, who either is licensed by the Commission and has a place of business in this State for the manufacture or sale of alcoholic liquors or is an officer, director or employee of a person, licensed by the Commission, having a place of business in this State for the manufacture or sale of alcoholic liquors.

(c) The provisions of this section shall not apply to a daily importation into the State of Delaware of a quantity of alcoholic liquor which does not exceed that amount which United States Government permits to be imported into the United States without payment of any duty thereon, provided such alcoholic liquor is imported by a person permitted by the laws of this State to purchase and consume alcoholic liquor and that such alcoholic liquor is imported solely for consumption by the person importing it or his family or guests. If such importation is by motor vehicle, the alcoholic liquor shall be transported in an area of the motor vehicle not immediately accessible to the driver or to any passenger therein.

(d) Persons licensed by the Commission as suppliers pursuant to this section shall be authorized only to sell, ship or deliver alcoholic liquors to licensed Delaware importers or manufacturers, and persons licensed by the Commission as sales representatives pursuant to this section shall be authorized only to solicit orders, on behalf of licensed Delaware importers or manufacturers, from persons licensed by the Commission to sell alcoholic liquors.

(e) The Commission may promulgate such rules and regulations as it deems necessary for the enforcement or furtherance of the objectives of this Act and it may provide by such rules or regulations that the applicant for a supplier's license may pay a fee for each calendar year or pay the increased fee during any calendar year without the filing of an additional application.

Section 14. Amend §502, Chapter 5, Title 4 of the Delaware Code, by striking the figure "30" as the same appears in subsection (b), and substituting the figure "20" in lieu thereof.

Section 15. Amend §504, Subchapter I, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new section which shall read as follows:

§ 504. Bond

The Commission may require that any person licensed in accordance with the provisions of §501 of this chapter shall furnish a satisfactory bond in such amount as the Commission deems necessary to guarantee the performance of the requirements of this Title.

Section 16. Amend §507, Subchapter I, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 507. Monthly report

Notwithstanding any of the provisions of this chapter, every importer of alcoholic liquors licensed by the Commission shall make a report to the Commission every month, in the form that the Commission determines, which report shall contain an exact return of the gross amount of each variety of alcoholic liquors bought by the importer and alcoholic liquors 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, or of such other person approved by the Commission.

Any importer who fails to make a return to the Commission within fifteen (15) days following the expiration of any calendar month for which it should be made shall be fined Fifty Dollars ($50.00) per day for each day's delay counting from the expiration of said fifteen (15) days, and the license of such importer shall be suspended by the Commission if the return is not made within fifteen (15) additional days.

Section 17. Amend §511, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by adding a new paragraph to said section, which shall read as follows:

If a licensee holds an on premises license and an off premises license, voluntary relinquishment of one of the said licenses and the retention of the other license shall be permitted automatically by the Commission.

Section 17A. Amend §512 (a), Subchapter I, Chapter 5, Title 4 of the Delaware Code, by adding a new sentence thereto at the end of that said subsection which is as follows :

There shall be no age restrictions on persons permitted on the premises of a licensed multiple activity club.

Section 18. Amend §614, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 514. Gathering Licenses; consumption on premises

(a) If alcoholic liquors are to be sold during a gathering of persons, the manager or person in charge of such gathering, or the owner, tenant or person in charge of the premises in which the gathering is being held, must obtain one of the types of gathering licenses, which permit consumption only on the premises, provided for in this section.

(b) There shall be two types of gathering licenses which may be granted hereunder :

(1) Gathering License—Group

The manager or person in charge of a gathering of persons at which alcoholic liquors are to be sold shall apply for a group type gathering license, which license, if granted, shall be valid only for the time, and at the location, specified in the application therefor. A group gathering license shall not be required if the said gathering is being held on premises which are validly licensed under an annual premises gathering license issue pursuant to subsection (2) below.

(2) Gathering License—Annual Premises

The owner, tenant or person in charge of the premises, other than a residence, on which gatherings of persons are held, may apply for an annual premises type gathering license, which license shall be valid for the entire calendar year in which it is granted for gatherings of persons at the location specified in the application therefor.

(c) All purchases of alcoholic liquors in connection with such gathering licenses must be made from retailers and such retailers shall be permitted to make deliveries to persons holding gathering licenses. Gathering licenses granted pursuant to this section shall be exempt from paying the application process fee as provided in section (c) of §555 of this act.

(d) For purposes of §514 only, the price paid for alcoholic liquors to be sold at a gathering of persons licensed under this section shall be a price agreed upon between the said licensee and the retailer from whom said alcoholic liquors are purchased, which price shall not be below the price paid by the said retailer for those alcoholic liquors.

(e) Any person holding an annual premises gathering license granted hereunder must report each gathering of persons to be held in its facilities to the Commission, which report may be made in person, in writing, or by telephone and which report must be received by the Commission not later than 12 o'clock noon of the day on which such gathering is to be held, unless it is to be held on a day on which the Commission shall be closed, in which case it must be so reported on the last day on which the Commission is open immediately preceding such a gathering.

(f) Any person holding a gathering license of either type granted hereunder who has purchased alcoholic liquors for sale at a gathering of persons may return any unopened bottles so purchased, to the licensee from whom they were purchased and shall receive therefor the amount paid for each said bottle, so long as such return is made within thirty days of the date of the gathering for which they were, purchased. An annual premises type gathering licensee, however, shall not be required to return any bottles it has purchased for sale during such gathering, but may store them in a suitable storage facility for sale at a future gathering of persons to be held within its facilities.

(g) All holders of gathering licenses hereunder shall be subject only to the restrictions on the hours of sale of alcoholic liquors set forth in §717 (d) of this title and shall also be subject to the prohibitions of sales to minors set forth in §715 of this title.

(h) It shall not be necessary to obtain a license to dispense alcoholic liquors at a gathering of persons if no such alcoholic liquors are to be sold at that gathering of persons.

Section 19. Amend §515, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by adding a period (.) immediately following the phrase, "member of that club" as the same appears in subsection (a) of said section.

Section 20. Amend §515, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking subsection (b) of said section in its entirety.

Section 21. Amend §517, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 517. Pharmacists

Any person whether as owner, lessee or manager who conducts a pharmacy which is recognized as such by the Commission, and in which pharmacy there is in constant attendance a pharmacist, may purchase alcoholic liquors and may keep and sell the same on the prescription of any physician, and otherwise supply or sell alcoholic liquors for medicinal purposes as provided in §518 of this Title without a permit or license from the Commission.

Section 22. Amend §518, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following :

§ 518. Physicians, dentists, veterinarians and medical institutions

(a) A physician or dentist may purchase alcoholic liquors for professional purposes without a permit or license. A physician may administer alcoholic beverages to a bona fide patient in cases of actual need when in the judgment of the physician the use of alcoholic beverages is necessary.

(b) A veterinarian may purchase alcoholic liquors for professional purposes without a permit or license. A veterinarian who deems it necessary may, in the course of his practice, administer or cause to be administered alcoholic beverages to any animal under treatment.

() A person in charge of an institution regularly conducted as a hospital or sanitarium for the care of persons in ill health, or as a home devoted exclusively to the care of aged people, may purchase alcoholic beverages for professional purposes without the requirement of a permit or license. Such person may, after obtaining proper permission, administer alcoholic beverages to any bona fide patient of a medical institution who is in need of the same, either by way of external application or otherwise for emergency medical purposes.

Section 23. Amend §519, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 519. Hospital; retention and use

Any person in charge of a hospital recognized by the Commission as such may purchase alcoholic liquors, and may keep and administer alcoholic liquors for purposes of compounding medicines or to use alcohol for purposes of sterilization without the requirement of a permit or license.

Section 24. Amend §520, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 0. Clergymen; wine for sacramental purposes

Any minister, priest, rabbi or clergyman of any established or recognized Church or religious sect may purchase wine for sacramental purposes, and to keep and use wine for sacramental purposes, without the requirement of a permit or license.

Section 26. Amend §522, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking subsection (b) and substituting a new subsection which shall read as follows :

Section 27. Amend §522, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking subsection (c) in its entirety, and substituting a new subsection which shall read as follows:

Section 28. Amend §522, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking subsection (d) in its entirety, and substituting in lieu thereof the following:

(d) The application furnished by the Commission shall contain a statement to the effect that the applicant will comply with all of the provisions of this Title and the Rules of the Delaware Alcoholic Beverage Control Commission.

Section 29. Amend §524, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking the word "published" as the same appears seven times in said section. and substituting the word "circulated" in lieu thereof.

Section 30. Amend §524, Subchapter II, Chapter 5, Title 4 of the Delaware Code, by striking the figure "15" as the same appears in the second sentence of said section, and substituting the figure "20" in lieu thereof.

Section 31. Amend Subchapter III, Chapter 5, Title 4 of the Delaware Code, by striking said subchapter in its entirety, and redesignating all subsequent subchapters accordingly.

Section 32. Amend §541, Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by placing a period (.) immediately after the word "refusal" as the same appears in subsection (a), and striking all subsequent words of said subsection.

Section 33. Amend §541, Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by striking the period (.) at the end of the second sentence of subsection (b), and substituting in lieu thereof the following:

; provided, however, that it shall be sufficient to send Notice to the attorneys of those who are represented by legal counsel.

Section 34. Amend §543, Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by striking the subsection (b) in its entirety, and substituting a new subsection in lieu thereof, which shall read as follows:

(b) The Commission may refuse to license an applicant if the Commission has substantial evidence that would reasonably support a belief that:

(1) except for restaurants, there are sufficient licensed premises in the locality ; or the granting of a license in the locality stated in the application is not otherwise demanded by public interest or convenience:

(2) the applicant is an importer of alcoholic liquors and has not furnished an acceptable bond for the purpose of assuring tax payments ;

(3) the applicant appears to be financially irresponsible;

(4) the applicant has been provided with funds by, or has any forbidden connection with, a manufacturer, supplier or importer of alcoholic liquors;

(5) the applicant has made false statements to the Commission ;

(6) the applicant has been convicted of violating any of the liquor laws of this State or has been convicted and imprisoned for a crime.

Section 35. Amend §543, Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by striking subsection (c) in its entirety.

Section 35A. Amend §543 (d), Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by striking the first sentence thereof and substituting in lieu thereof the following:

The Commission may refuse to grant a license to sell alcoholic liquors to any new establishment to be located in the vicinity of a church, school or college.

Section 36. Amend §543, Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by striking subsection (e) in its entirety.

Section 37. Amend Subsection (f), §543, Chapter 5, Title 4 of the Delaware Code, by striking paragraph (1) and paragraph (2) and substituting in lieu thereof the following:

Section 38. Amend §544, Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by adding a new first sentence to said section, which shall come immediately before the present first sentence. The new first sentence shall read as follows:

In cases concerning the possible refusal of an application for a license, the Commission shall render its decision promptly.

Section 39. Amend §545, Subchapter IV, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety, and thereof and substituting in lieu thereof the following:

§ 545. Improvements to premises

The Commission may not require an applicant to make improvements to the premises before the issuance of a license; however, the Commission may issue a license to sell alcoholic liquor upon the condition that certain improvements shall be made to the premises.

Section 40. Amend §551, Subchapter V, Chapter 5, Title 4 of the Delaware Code, by striking the first sentence of said section, and by striking the words "age, occupation and residence of applicant" as they appear in the third sentence of said section.

Section 41. Amend §554, Subchapter V, Chapter 5, Title 4 of the Delaware Code, by striking said section in its entirety.

Section 42. Amend §555, Subchapter V, Chapter 5, Title 4 of the Delaware Code, by striking subsections (j), (s), (t), (u) , (w) and (y) thereof and by redesignating every subsection in said section accordingly so that there are no gaps or missing subsections and by striking subsection (i) thereof and adding thereto a new subsection (i) as follows:

(i) For a license to sell alcoholic liquors at gatherings of persons, the license fee shall be as follows:

(i) For a group type gathering license, the license fee shall be $5.00 for each such license granted, unless the said license shall be for a period of more than 2 days in which case the license fee shall be $5.00 plus the additional sum of $2.00 for each such additional day.

(ii) For an annual premises type gathering license for a facility in which not more than 25 gatherings of persons at which alcoholic liquors are to be sold are to be held, the fee shall be $100.00. For an annual premises type gathering license for a facility in which more than 25 but not more than 75 such gatherings of persons are to be held, the fee shall be $200.00. For an annual premises type gathering license for a facility in which more than 75 such gatherings of persons are to be held, the fee shall be $500.00

Section 43. Amend §561, Subchapter VI, Chapter 5, Title 4 of the Delaware Code, by striking the first (unnumbered) paragraph of subsection (b), and substituting in lieu thereof the following:

(b) The Commission may suspend any license or fine any licensee for the sale of alcoholic liquors if it has reasonable grounds to believe that the licensee has committed any of the following violations, or may cancel any license for the sale of alcoholic liquors for the following violations, if repeated and continuous:

Section 44. Amend subsection (b), §561, Chapter 5, Title 4 of the Delaware Code, by striking paragraph (3) of said subsection, and substituting in lieu thereof the following:

(3) The licensee is not maintaining an acceptable bond, if such bond is required.

Section 45. Amend subsection (b), §561, Chapter 5, Title 4 of the Delaware Code, by striking paragraph (6), and substituting in lieu thereof the following:

(6) The licensee is in the habit of using dangerous or narcotic drugs, or is in the habit of using alcoholic beverages to excess.

Section 46. Amend §561, Subchapter VI, Chapter 5, Title 4 of the Delaware Code, by adding thereto a new subsection, designated as subsection (d), which shall read as follows:

(d) Any of the grounds for refusal of a license as provided for in §543 of this Chapter shall also be adequate grounds for suspension of a license.

Section 47. Amend subsection (b), §561, Chapter 5, Title 4 of the Delaware Code, by striking paragraph (7) in its entirety, and substituting in lieu thereof the following:

(7) The licensee has sold alcoholic liquors in contravention of §715 of this Title.

Section 48. Amend subsection (b), §561, Chapter 5, Title 4 of the Delaware Code, by striking paragraph (8) in its entirety, and substituting in lieu thereof:

(0) The licensee has in his possession on his licensed premises or has sold or offered for sale any alcoholic beverages not purchased or sold pursuant to this Title.

Section 49. Amend §562, Subchapter VI, Chapter 5, Title 4 of the Delaware Code, by striking subsection (c) in its entirety, and substituting in lieu thereof the following:

(c) Within ten days after the licensee has received notice that the Commission has rendered a decision fining the licensee or ordering the suspension or cancellation of his license, the licensee may secure judicial review of such decision by commencing an action in the Superior Court. No bond shall be required for entering such appeal.

Section 50. Amend §562, Subchapter VI, Chapter 5, Title 4 of the Delaware Code, by striking the second sentence of subsection (d), and substituting in lieu thereof the following:

After the petition is filed, service shall be made by the Sheriff upon any member of the Commission or the Executive Secretary; if such persons are unavailable for service, the Assistant Executive Secretary or the temporary successor of the Executive Secretary shall be served.

Section 51. Amend §563, Subchapter VI, Chapter 5, Title 4 of the Delaware Code, by striking the period (.) at the end of the first paragraph thereof, and substituting the following:

, except those which occur solely by reason of the death of the licensee.

Section 52. Amend §571, Subchapter VII, Chapter 5, Title 4 of the Delaware Code, by adding to said section a new paragraph which shall read as follows:

In instances where the Commission has approved the transfer of a license, all matters concerning alcoholic beverage inventories shall be handled directly between the transferor and the transferee and all payments shall be made directly and not through the Commission.

Section 53. Amend §711, Chapter 7, Title 4 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new section, which shall read as follows:

§ 711. Sale or service of alcoholic liquors to intoxicated person

Any licensee, or employee of a licensee, or person in charge of a licensed premises shall refuse to sell or serve alcoholic liquors to any individual if such individual is intoxicated or appears to be intoxicated. Such licensee, employee of a licensee or person in charge of the licensed premises shall not be liable to any individual for damages claimed to arise from the refusal to sell alcoholic liquors if such refusal is based upon the provisions of this Section.

Section 54. Amend Chapter 7, Title 4 of the Delaware Code, by adding thereto a new section, to be designated as §712, which new section shall read as follows:

§ 712. Home manufacture of wines for personal consumption

No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of wines in quantities of not more than two hundred gallons for the personal consumption only of the home owner, his family, or his guests ; provided, however, that such wine shall not be for sale. Such wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act.

Section 55. Amend subsection (a) §715, Chapter 7, Title 4 of the Delaware Code, by striking paragraphs (3) and (4) and by redesignating each paragraph in said subsection accordingly.

Section 56. Amend §716, Chapter 7, Title 4 of the Delaware Code, by striking said section in its entirety.

Section 57. Amend Subsection (d), §717, Chapter 7, Title 4 of the Delaware Code, by striking the said subsection in its entirety and substituting in lieu thereof a new subsection (d) as follows:

(d) No holder of a license for the sale of alcoholic liquor in a hotel, restaurant, club, tavern, taproom, horse racetrack, dining room of a boat or passenger cars of a railroad shall sell the same between the hours of 1:00 o'clock a.m. and 9:00 o'clock a.m. The closing hour may be made earlier in any municipality by ordinance of the municipal corporation. The sale of alcoholic liquors shall be permitted in a licensed hotel, restaurant, club, horse racetrack, dining room of a boat or passenger cars of a railroad on every day of the year; provided that no such licensee shalt be required to be open to sell alcoholic liquors on any of the holidays specified in subsection (e) of this section. The sale of alcoholic liquors shall be permitted in a licensed tavern or taproom on every day of the year expect the holidays specified in subsection (e) of this section, on which days such licensees shall not be permitted to sell alcoholic liquors.

Section 58. Amend §717, Chapter 7, Title 4 of the Delaware Code, by striking subsection (e) in its entirety, and substituting in lieu thereof the following:

(e) For purposes of this section, the following shall be considered as holidays: Sundays, Thanksgiving Day, Christmas, Good Friday and, in any territory where an election is held, the hours of the day upon which the polling for such election takes place.

Section 59. Amend Chapter 7, Title 4 of the Delaware Code, by striking §717 A, §717 B, and §717 C, each section in its entirety.

Section 60. Amend §719, Chapter 7, Title 4 of the Delaware Code, by striking the word "travelers" and "traveler" as the same appear in said section and substituting the words "consumers" and "consumer" in lieu thereof.

Section 61. Amend §720, Chapter 7, Title 4 of the Delaware Code, by striking the words "traveler, club member or other person" and substituting the word "consumer" in lieu thereof.

Section 62. Amend §721, Chapter 7, Title 4 of the Delaware Code, by striking the words "by license" as the same appear at the end of said section, and substituting the words "to be sold" in lieu thereof.

Section 63. Amend §722, Chapter 7, Title 4 of the Delaware Code, by striking subsection (6) in its entirety, and substituting in lieu thereof the following:

(6) In the office of a physician, pharmacist or veterinarian for medicinal purposes only, and in the office of a clergyman for sacramental purposes only;

Section 64. Amend §724, Chapter 7, Title 4 of the Delaware Code, by adding thereto a new subsection, designated as subsection (6), which new subsection shall read as follows :

(6) an individual importing alcoholic liquors into the State of Delaware, the daily quantity of which does not exceed the amount permitted by Federal statutes governing the importation of alcoholic liquors into the United States.

Section 65. Amend §727, Chapter 7, Title 4 of the Delaware Code, by striking the comma (,) following the word "distillery" as the same appears in subsection (a), and substituting the words "or brewery" in lieu thereof.

Section 66. Chapter 5, Subchapter I, Title 4, Delaware Code, is amended by adding a new Section 508 thereto to read as follows:

§ 508. Affirmation and filing of price schedules required

(a) All manufacturers and distilleries offering for sale in the State of Delaware alcoholic liquors 'other than beer or wine, shall file by January 15 of each year, or within 30 days of the first time they become licensed in the State of Delaware to sell such alcoholic liquors, a verified affirmation that the bottle and case price of all alcoholic liquors, excluding beer and wine, which such distillery or manufacturer shall offer for sale to a Delaware importer will be sold to that importer at a price which is no higher than the lowest price at which such items will be offered for sale at the same time by such manufacturer or distillery to any wholesaler in any state or the District of Columbia or to any state, or state agency, which owns and/or operates retail liquor stores.

(b) In determining the lowest price for which any item of liquor is sold in any other state, or in the District of Columbia or to any state or state agency which owns and/or operates retail liquor stores, appropriate reductions shall be made to reflect all discounts and all rebates, free goods, allowances and other inducements of any kind whatsoever offered or given to any such wholesaler or state or state agency purchasing such items in such other states or in the District of Columbia ; provided, however, that nothing contained in paragraph (a) of this section shall prevent differentials in price which make only appropriate allowance for difference in state taxes and fees paid by the manufacturer or distilleries and in the actual cost of delivery.

(c) As used in this section, the phrase 'state taxes and fees' shall mean the excise taxes or fees imposed on the manufacturers or distilleries by any state or the District of Columbia upon, or based upon, the gallon of liquor and the term 'gallon' shall mean one hundred twenty-eight (128) fluid ounces.

() ( 1 ) Such manufacturers or distilleries shall also file, at the same time they must file an affirmation hereunder, a verified schedule, in writing, in the number of copies and on the form required by the Commission, which schedule shall contain the following information as to each item they are offering for sale at that time, in the State of Delaware, by brand or trade name:

A. The capacity of each package thereof so offered for sale ;

B. The nature of the contents thereof ;

C. The age and proof thereof where stated on the container label;

D. The number of bottles thereof contained in a case of such items;

E. The bottle and case price to the Delaware wholesaler or importer, which prices in each such instance shall be individual for each item and not in combination with any other item; and

F. The discount given for quantity or time of payment, if any. Any such schedule need not contain any such information as to any brand which is owned exclusively by a retailer and sold at retail in Delaware exclusively by such a retailer.

(2) The Commission, acting through its Chairman, shall also have the authority, any time it determines there is a reasonable basis to suspect such a manufacturer or distillery has sold an alcoholic liquor product covered by this section to a Delaware importer at a price higher than the price at which it is then selling the same product to a wholesaler elsewhere, to demand that such a manufacturer or distillery file an additional schedule containing all the information required by subsection (d) (1) above as of a specified date prior to the date of the demand therefor, which schedule shall be filed within 30 days of the date such a written demand is sent by the Commission.

(3) Such schedules of prices or price of individual item need not be filed at any time other than provided for in subsections (d) (1), (d) (2), or (d) (4) of this section and need not be updated any time a manufacturer or distillery changes such prices between such required filing times.

(4) A manufacturer or distillery shall, however, be required to amend such schedule for any item within 30 days of a change in price as determined in subsection (b) of this section if the effect of such price change would be to make the price as determined in subsection (b) of that item higher in Delaware than in any other state or the District of Columbia.

(e) Effective date. Notwithstanding any provisions in this chapter to the contrary, the effective date of this Section shall be October 1, 1973, and all manufacturers and distilleries shall file such lists as required by this chapter on or before October 15, 1973, and any retail price changes resulting from the implementation of this Act shall become effective on October 30, 1973.

Section 67 (a). The Delaware Alcoholic Beverage Control Commission is specifically directed to promptly review and amend as appropriate its rules and regulations to be consistent with the amendments made hereby.

Section 68. The Delaware Alcoholic Beverage Control Commission is hereby expressly directed to refrain from engaging in the prosecution of any statute except those found in Title 4 of the Delaware Code and the Rules of the Commission. Any issue or other matter concerning the regulation of alcoholic liquors which can be prosecuted or tried in a court of law or chancery shall be tried or prosecuted in court, and not before the Commission. The powers of the Commission are limited only to those powers expressly given in Title 4 of the Delaware Code and cannot be extended beyond a strict construction thereof, except with the approval of the General Assembly.

Section 69. All rules and regulations of the Delaware Alcoholic Beverage Control Commission which on or after the effective date of this Act are in conflict with the provisions of this Act are made null and void.

Section 70. The effective date of this Act, unless otherwise provided herein, shall be the date this Act is signed by the Governor.

Section 71. Amend Section 101, Chapter 1, Title 4 of the Delaware Code, by adding a definition of "retailer" which is as follows:

"Retailer" means the person permitted to sell alcoholic liquors in a store in the State of Delaware, not for consumption on the premises.

Approved June 25, 1973.