Delaware General Assembly

CHAPTER 82

AN ACT TO AMEND CHAPTER 5, CHAPTER 7, CHAPTER 9, AND CHAPTER 11, TITLE 4, DELAWARE CODE, RELATING TO ALCOHOLIC LIQUORS.

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

Section 1. Chapter 5, Title 4, Delaware Code, is amended by striking § 516 and inserting in lieu thereof a new § 516 to read as follows:

§ 516. Hotel, restaurant, club or store; consumption off premises

Any person in charge of a hotel, restaurant, club or store (other than a grocery, delicatessen or cigar store), whether owner, lessee or manager, and recognized as such by the commission, may apply for a license to purchase from the commission or through the commission, as provided in Section 702 of this Title, but not otherwise, and to 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. All bottles so sold shall be delivered to the purchaser and shall be removed from the premises where sold with the seals of such bottles unbroken.

Section 2. Chapter 5, Title 4, Delaware Code, is amended by striking § 531 and inserting in lieu thereof a new § 531 to read as follows:

§ 531. Necessity of license

Sale of draft beer in half barrel or quarter barrel containers to be kept in stock for personal use but not for purpose of resale may be made to any individual holder of a license authorizing him to purchase such draft beer for stock.

Section 3. Chapter 5, Title 4, Delaware Code, is amended by striking § 532 and inserting in lieu thereof a new § 532 to read as follows:

§ 532. Qualifications and application

(a) No license to purchase draft beer in half barrel or quarter barrel containers to be kept in stock for personal use shall be granted other than to an individual in his personal name. Any temperate individual of more than 21 years of age may apply for a license entitling him to purchase draft beer in half barrel or quarter barrel containers to be kept in stock for personal use.

(b) The application shall 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 shall give the name, age, occupation and residence of the applicant and shall be accompanied by the amount of the tax payable upon the granting of the license.

Section 4. § 555, Chapter 5, Title 4, Delaware Code, is amended by striking subsection (h) and inserting in lieu thereof a new subsection (h) to read as follows:

(h) For a license to sell alcoholic liquor from a hotel, restaurant or store, not for consumption on the premises the license fee shall be $225, except as provided in subsection (a) of this Section.

Section 5. § 555, Chapter 5, Title 4, Delaware Code, is amended by striking subsection (j) and inserting in lieu thereof a new subsection (j) to read as follows:

(j) For a license to purchase draft beer in half barrel or quarter barrel containers for his or her personal use and for the personal use of his or her family and guests, but not for sale, the license fee shall be $5.00.

Section 6. Chapter 7, Title 4, Delaware Code, is amended by striking § 703 and inserting in lieu thereof a new § 703 to read as follows:

§ 703. Sale by Commission at store

Section 7. § 714, Chapter 7, Title 4, Delaware Code, is repealed.

Section 8. § 724, Chapter 7, Title 4, Delaware Code, is amended by striking subsection (2) and inserting in lieu thereof a new subsection (2) to read as follows:

(2) Directly from the establishment of a holder of a license to sell and to deliver such alcoholic liquor to the establishment of a like holder of a license to sell, or to the residence in this State of any person who is the holder of a license to purchase draft beer in half barrel or quarter barrel containers to be kept in stock for his or her personal use and who has not been convicted for selling alcoholic liquor without a license.

Section 9. § 724, Chapter 7, Title 4, Delaware Code, is amended by striking subsection (4) and inserting in lieu thereof a new subsection (4) to read as follows:

(4) An individual who is transporting alcoholic liquor for his personal use or the use of his family or guests.

Section 10. § 906, Chapter 9, Title 4, Delaware Code, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

(b) In any trial for an offense under this Section, the burden shall be upon the defendant to prove that the taxes provided by Section 581 of this Title have been paid. Nothing in this Section shall apply to any alcoholic liquor purchased from a legal source and being transported by the purchaser.

Section 11. § 1101, Chapter 11, Title 4, Delaware Code, is amended by striking § 1101 and inserting in lieu thereof a new § 1101 to read as follows:

§ 1101. Peddled or illegally transported liquor

(a) Wherever alcoholic liquor is being peddled in this State, or whenever any alcoholic liquor is transported in this

State, unaccompanied by a license to transport such alcoholic liquor, or unaccompanied by a way bill as provided in Section 726

(c) of this Title, any police officer of the State or subdivision thereof or any inspector of the Commission 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.

(b) The provisions of this Section shall not at any time or in any instance apply to an individual who is the holder of a license to purchase a stock of draft beer in half barrel or quarter barrel containers for personal use and is transporting for his own personal use from his home after delivery has been made thereto by an importer.

Section 12. § 1102, Chapter 11, Title 4, Delaware Code, is amended by striking § 1102 and inserting in lieu thereof a new § 1102 to read as follows:

§ 1102. Shipments to unauthorized portions of State; other illegal sales or shipments

(a) Any officer or inspector of the Commission so authorized, 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 Section 102 of this Title, 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 receptacle containing it if such alcoholic liquor is shipped or sold contrary to any provision of this Title.

(b) The alcoholic liquor seized as well as the receptacles containing it shall be handed over to the Commission, which shall keep them in its custody until the court has disposed of them by a judgement.

Approved May 24, 1965.