HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 143

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 543, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 543. Grounds for refusal of license; transfer or extension of premises [Effective Mar. 31, 2021].

(d) The Commissioner shall refuse to grant a license for the sale of alcoholic liquor by any taproom, store, store or establishment for consumption off the premises, when there is an existing licensed establishment of similar type within ½ mile by accessible public road or street in any incorporated city or town, or within 3 miles by accessible public road or street in any unincorporated or rural area measured in driving distance both ways between the existing and proposed establishments. This subsection does not apply to any of the following:

SYNOPSIS

This Act removes taproom from the establishments for which the Commissioner shall refuse to grant a license for the sale of alcohol when there is an existing licensed establishment of similar type within a specified distance. The minimum distance between licensed establishments of similar type is made applicable only to a store or establishment for consumption off premises.