CHAPTER 418.
AN ACT regulating the sale of Intoxicating Liquors.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. That no person, by himself, his agent, or servant, directly or indirectly, shall sell any intoxicating liquor except as herein provided.
SECTION 2. It shall be the duty of the Secretary of State, and he is hereby directed, to prepare and furnish to each Clerk of the Peace, signed by the Governor, countersigned by the Secretary of State, and sealed with the seal of his office, all such blank licenses as are authorized to be issued by this act, and he shall keep an accurate account thereof against each of said clerks, and shall send a duplicate of every such entry to the Auditor of Accounts as soon as may be thereafter, and the Auditor of Accounts shall keep an accurate account in the books of his office of all blank licenses supplied to the Clerks of the Peace in pursuance of the provisions of this act, and all the provisions of Chapter 30 of the Revised Code, relative to the duties and powers of the Auditor of Accounts in the accounts of Clerks of the Peace and in enforcing settlements with them, shall extend and be applied to the licenses and fees therefor.
SECTION 3. The Clerk of the Peace in each county respectively shall, semi-annually, on the first Tuesdays of April and October, render a full and accurate account of all moneys received by him for the use of the State, or for which he is accountable under the provisions of this act, and shall deposit to the credit of
State the State Treasurer, in the Farmers' Bank, at the county town of his county, the full amount due on such account, and send such account to said treasurer by mail, post-paid, with a certificate of such deposit endorsed thereon ; and a failure to render such account, or make such deposit within the time prescribed, besides making him liable for the money due the State, shall be a misdemeanor, and upon conviction thereof he shall forfeit and pay a fine of not less than five hundred nor more than two thousand dollars, and such conviction shall, of itself, work a forfeiture of his office. The official obligation of each Clerk of the Peace shall extend to and embrace the moneys received or which ought to be received under the provisions of this act and the duties required of him; and every failure to make such deposit, or to put into the post-office, post-paid, within the time prescribed, such account, with the certificate there on endorsed, duly addressed to the State Treasurer, shall be a breach of said official obligation.
SECTION 4. It shall be the duty of every justice of the peace, mayor, alderman, sheriff, deputy sheriff, coroner, constable, policeman, or other peace officer within his county, ward, or district, whenever he shall have knowledge that any person, or persons, firm or company is or are selling or dispensing any intoxicating liquor contrary to the provisions of this act, to make complaint, or cause complaint to be made before some justice of the peace, or other proper officer, who shall thereupon proceed against such delinquent as in other misdemeanors; all provisions of law relative to criminal procedure, so far as the same may be applicable and not inconsistent herewith, shall extend and apply to offences committed in violation of the provisions of this act.
SECTION 5. Every person holding a license under this act shall, at all times, keep the same hung up in some conspicuous part of his principal place of business; where the same may be plainly seen and read, and when so required, by any magistrate or officer named in the next preceding section, or on any legal examination or inquiry when the existence or character thereof may come in question, shall produce the same, and a failure to do so shall be presumptive evidence that he has none.
SECTION 6. Any officer named in Section 5 of this act who shall neglect or refuse to perform any of the duties herein required shall be guilty of a misdemeanor, and shall, upon conviction thereof, forfeit and pay a fine at the discretion of the Court
SECTION 7. It shall be the duty of the grand jury of each county to present any person whom they know to have violated any of the provisions of this act, and the duty of each member thereof individually to make known to his fellows, and also to the Attorney General, any such violation, so that any such offender may be prosecuted and punished. And it shall also be the duty of the Court of General Sessions of the Peace and Jail Delivery, in every general charge to the grand jury, to call special attention to the provisions of this act and their duty as herein prescribed.
SECTION 8. Any person of full age and good moral character, who is a licensed retailer of goods, wares and merchandise, and druggist any like citizen who is a licensed druggist, and the aggregate cost value of whose stock respectively constantly kept on hand for sale is not less than five hundred dollars, may be licensed tosell intoxicating liquors on complying with [the] same conditions required from persons applying for a license to keep an inn or tavern, as hereinafter mentioned, except that the description of his house of business and accommodations shall vary according to the nature thereof, both in his application and certificate and recommendation of freeholders; Provided, also, that in the case of a license to a retailer of merchandise it shall not authorize him to sell in quantities less than one-half gallon, and to a druggist in quantities greater than one quart.
SECTION 9. Such license shall be to but one person or firm to only to one person or sell at one place only and for one year from the date of approval by the court, as hereinafter mentioned ; but on the dissolution of a firm, any member continuing the business at the same stand shall have the right to sell liquor during the continuance of said license in the same manner as if no dissolution had taken place.
No liquor shall be sold, given away, or dispensed under such license to be drunk on the premises, or any appurtenance or dependency thereof; and any person holding such license and permitting any such drinking shall be guilty of a misdemeanor, and, upon conviction thereof; shall forfeit his license, and shall also forfeit and pay a fine not less than fifty nor more than one hundred dollars.
SECTION 10. Any person of full age and good moral character, desiring a license to keep an inn or tavern, and to sell intoxicating liquors in less quantities than one quart, to be drunk on the premises, may be licensed to do so when the following conditions have been strictly complied with :
1. He shall make application therefor in writing, and file the same with the Clerk of the Peace of the proper county, at least thirty days before the then next session of the Court of General Sessions of the Peace and Jail Delivery, clearly stating that he is a person of full age: that he is desirous to keep an inn or tavern at some place, to be particularly designated, in the school district, or ward, if the City of Wilmington : that he is the owner or tenant of a suitable house for that purpose, and the yearly rental value thereof: that lie is provided, in said house, with at least two suitable rooms and at least four comfortable beds for the exclusive use of travelers and guests, and stabling and provender for at least four horses: that an inn or tavern at the point designated is necessary for the accommodation of the public; Provided however, that the provisions of this section in relation to rooms, beds, stabling, provender and horses, shall not apply to cities and towns containing more than two thousand inhabitants.
2. He shall publish his intention to make such application for at least three times in two newspapers of his county, (if so many there be,) the last of which publications shall be at least ten days before the sitting of the court to which the same is to be presented. This notice shall clearly set forth the name of the applicant and the location of the proposed inn or tavern, the time when the application will be made, and the names of the freeholders recommending the same.
3. At the same time he shall also file with his said application a certificate of twelve substantial freeholders of the school district in which he proposes to keep such inn or tavern, or twenty-four such freeholders of the ward if in the city of Wilmington, which certificate shall clearly state that the applicant is a person of full age, that he is a man of sobriety and good moral character, that an inn or tavern is necessary at the point designated to accommodate the public, that the applicant is the owner or tenant of the house in which he proposes to keep the same, and the true rental value thereof; that he has in said house at least two suitable rooms and four comfortable beds for the exclusive use of travelers and guests, and stabling and provender for at least four horses; Provided, however, that the provisions of this section in relation to rooms, beds, stabling, provender and horses shall not apply to cities or towns containing more than two thousand inhabitants. This certificate and recommendation shall be signed with the proper signatures and in the proper handwriting of such freeholders, but if any such cannot write he may sign by a mark which shall be duly attested by a witness subscribing.
4. The said applicant shall appear in open court, at the time his application is presented, and make oath in due form that he has two suitable rooms and four comfortable beds for the exclusive use of travelers and guests, and stabling and provender for at least four horses, and give the rental value of the house intended to be used as such inn or tavern, that he has made publication according to law, that his certificate and recommendation was read to or by each of the signers thereof, that the signatures are in the proper and genuine handwriting of each, and if any have signed by a mark he shall so state and also that he could not write; Provided, however, that the provisions of this section in regard to rooms, beds, stabling, provender and horses, shall not apply to cities or towns containing more than two thousand inhabitants.
5. At the same time he files his application he shall also pay to the Clerk of the Peace the full fee or price for said license, and also one dollar and fifty cents fees to the Clerk.
SECTION 11. That the Clerk of the Peace of the county in which the applicant for license aforesaid proposes to keep an inn or tavern, or restaurant, shall lay before the said Court of General Sessions of the Peace and Jail Delivery all applications for the license aforesaid, together with the certificate and recommendation accompanying the same filed in his office, on the first day of the term of said court next succeeding the date of such application.
SECTION 12. The court may or may not, at their discretion, approve of any such application, and in order to satisfy themselves fully in regard to the propriety of approving the same may receive remonstrances and hear evidence and arguments for and against the same under such rules as said court may deem proper, and may establish general rules for that purpose. If rules any application shall be approved, as herein provided, the court shall endorse the word "Approved" thereon, and sign the same,with the date of such approval. If not approved, the said court shall endorse thereon the words "Not approved," and sign the same. It shall be the duty of the Clerk of the Peace, immediately after any such application has been so approved to issue a proper license to said applicant for the term of one year from the date of approval, in the same manner as is now done.
SECTION 13. The Clerk of the Peace for each county shall procure a suitable docket for that purpose, and keep a record of all applications for licenses, and shall note the filing and date of filing of all papers and orders therein ; and shall number all such applications consecutively as they are received, and carefully index the same; and such records shall be open, at all suitable times, for the free inspection of any citizen who desires to examine the same. The dockets herein provided for shall be paid for by the State Treasurer on production of the receipted bill therefor and approval by the court. The Clerk's fee in every case of license, when no contest is made shall be one dollar and fifty cents, including license, if granted, and three dollars in every contested case, whether granted or not, to be paid by the applicant.
SECTION 14. It shall be unlawful for any person licensed to sell liquor, as herein provided, to sell, give away or dispense any liquor on the Lord's day, commonly called Sunday; to sell or give away liquor at any time to a minor, insane person, habitual drunkard, to any person at the time intoxicated; and whosoever shall do shall be guilty of a misdemeanor, and, upon conviction thereof, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars ; and in case of a second conviction for such misdemeanor, he shall forfeit his license and shall not be capable of receiving a license for the space of two years thereafter. And no person licensed to sell liquor shall sell, give away, or dispense any intoxicating liquors on the day of any general, special, or municipal election within one mile of the place where the same is held, and such day shall be reckoned from the midnight before till the midnight after such; and any person violating this provision, shall be guilty of a misdemeanor, and, upon conviction thereof, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars, and, if holding a license under this act, shall forfeit the same in addition to such fine, and be incapable of receiving a license for the space of two years thereafter.
SECTION 15: No secret or clandestine door or entrance shall be maintained or permitted in any licensed house; no disorderly, riotous or lewd conduct shall be permitted or suffered in or about such house; no pawn, gift, or pledge shall be received or taken by any person licensed under this act; no gambling of any kind or under any pretense whatever shall be permitted or suffered in or about any licensed house; and any persons violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars, and also his license, and shall be incapable of receiving a license for the space of two years. No debt contracted for liquor sold in quantities less than a half-gallon under the provisions of this act, shall be collectable either in court or before a justice.
SECTION 16. Any person found drunk or excited by liquor and noisy, on the street, highway, or other public place, may be arrested by any officer, with or without warrant, and taken before any justice of the peace, or other committing magistrate, who shall immediately convey him to the nearest jail or lock-up, the keeper of which shall receive and detain him until legally discharged; and when no committing magistrate is convenient, or such drunken person is riotous, or there is danger of a breach of the peace, he may be conveyed and lodged in such jail or lock-up without any commitment whatever ; in this case, however, he shall not remain in custody more than twenty-four hours without being brought before some magistrate for hearing; when so brought up for hearing he may be recommitted for a period not exceeding five days, discharged on payment of costs, or fined in a sum not exceeding ten dollars and costs. And it shall be the duty of every sheriff, coroner, constable, policeman, and their deputies, to enforce the provisions of this section strictly, and a failure to do so shall be a misdemeanor, and, on conviction thereof, every such officer so failing shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars.
SECTION 17. All license fees and all fines and forfeitures under the provisions of this act shall be for the use of the State and shall be paid into the Farmers’ Bank, to the credit of the State Treasurer, by the persons receiving or collecting them immediately on receipt thereof, and a receipt shall be taken therefor and enclosed, in a post-paid envelope, to the Auditor of Accounts, and duplicate thereof to the State Treasurer in like manner.
SECTION 18. It shall be the duty of the Attorney General to prosecute every offender against the provisions of this act, and to collect all fines and forfeitures incurred as soon thereafter as may be, and, in addition to his salary or other emoluments
SECTION 19. The sale of intoxicating liquors otherwise than as herein provided shall be a misdemeanor, and any person convicted thereof, and where no other specific penalty is herein provided, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars.
SECTION 20. The provisions of this act shall not apply to the to apply to manufacturers of domestic liquors, wine, or cider; but no such manufacturers shall sell such liquors in less quantity than one quart, nor to be drunk upon the premises.
SECTION 21. The price of a license to a retailer of goods, wares and merchandise, or to a druggist, shall be twenty-five dollars. But any druggist, whose sales of liquor for medicinal purposes do not exceed seventy-five dollars, shall not be required to take out a license, unless the rental value of his place of business exceed three hundred dollars, when it shall be increased at the rate of ten per centum on such rental value. The price of a license to keep an inn or tavern shall be one hundred dollars, unless the rental value of such inn or tavern shall exceed five hundred dollars when it shall be increased at the rate of ten per centum on such rental value.
SECTION 22. All acts and parts of acts inconsistent herewith are hereby repealed.
SECTION 23. That this act shall go into effect on the first day of September, A. D. 1873, and that persons keeping inns or taverns or restaurants, whose license expire before the sitting of the Court of General Sessions of the Peace and Jail Delivery in their respective counties of the State in the months of October and November, A. D. 18.74, and persons desiring to keep inns or taverns, or restaurants, shall have the right to obtain a fractional license under the present law, which shall expire at the time of the sitting of the court aforesaid.
Passed at Dover, April 10, 1873