CHAPTER 251 - ALCOHOLIC LIQUORS, WINES AND BEER

AN ACT TO AMEND CHAPTER 176 OF THE REVISED CODE OF DELAWARE, 1935, IN REFERENCE TO PLACES WHERE ALCOHOLIC LIQUORS MAY BE KEPT.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

Section 1. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of 6165. Section 36 thereof and inserting in lieu thereof the following:

6165. Section 36. (A) (1) No person shall keep "spirits", "wines" or "beer" in the State except:

(a) In the stores and warehouses of the Commission, or in any 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 "alcoholic liquor".

(d) In an "establishment" where, by exception, it is permitted by law to keep such "alcoholic liquor."

(e) In the residence of any person, provided such "alcoholic liquor" be not kept with intent to sell the same, but one sale shall suffice to establish such intent.

(f) In a "club" provided that such "club" hold a license granted according to the provisions of 6146. Section 17, Paragraph 11 of Chapter 176 of the Revised Code of Delaware, 1935, and that such license be in force.

(g) In the baggage of an individual who is transporting such "alcoholic liquor" for his individual use.

(h) In a church, or a chapel, or other place for religious worship or a dependence thereof where sacramental "wine" may be kept.

(2) No person shall keep "alcohol" in the State, except:

(h) In the stores and warehouses of the Commission, or in any other place under its control.

(i) In the "establishment" of a Pharmacist, Physician, Dentist, Veterinarian, Wholesale Druggist, University, College, School, Manufacturing Plant, where said "alcohol" is used in industrial or scientific work, or for the manufacture of pharmaceutical products where it is expressly permitted by the Commission to keep such "alcohol".

(j) In a distillery licensed by the Commission to manufacture said "alcohol."

Any person keeping any "alcoholic liquor" elsewhere than in the places mentioned in this Act shall be guilty of an offence under this Act.

(B) (1) No person shall transport "spirits", "wines" or "beer" in this State, except:

(k) 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

(l) 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, holder of a license to purchase such "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

(m) Directly from the "establishment" of a "person" holder of a license to transport such "alcoholic liquor" to a place outside of this State; or

(d) In the baggage of an individual who is transporting such "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"; or

(e) By the Commission in vehicles owned or hired by it in accordance with a published regulation of the Commission providing for such transportation.

(2) No person shall transport "alcohol" in the State, except:

(a) By the Commission in vehicles owned or hired by it in accordance with a published regulation of the Commission providing for such transportation; or

(b) Where it is expressly permitted by the Commission to transport such "alcohol."

Any person transporting any "alcoholic liquor" except as permitted in this Act shall be guilty of an offence under this Act.

Approved May 5, 1937.