CHAPTER 189

ALCOHOLIC LIQUORS, WINES AND BEERS

AN ACT TO AMEND CHAPTER 176 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE CANCELLATION OR SUSPENSION OF LICENSES FOR THE SALE OF ALCOHOLIC LIQUORS, WINES AND BEER AND THE DISPOSITION OF ALCOHOLIC LIQUOR, WINE AND BEER BY THE COMMISSION.

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, as amended by Chapter 246, 41 Laws of Delaware, be and the same is hereby amended, by striking out Paragraph (2) (b) of 6158. Section 29 as amended, and inserting in lieu thereof the following paragraph:

6158. Section 29 (2) (b). The Commission shall within thirty days of the date of the cancellation or acceptance of surrender, remit to such license holder the part of the license fee already paid, and pertaining to the unexpired term of such license. In addition, the Commission shall remit to such license holder the amount originally received by the Commission from such license holder in payment for such alcoholic liquor accepted or seized as remains in packages sealed by the Commission, less ten per cent of the amount received. When other legally acquired alcoholic liquors have been accepted or seized under this section, the value thereof as determined by the Commission, shall be remitted to the holder of the license cancelled by the Commission or surrendered by the license holder, less ten per cent of such value. When other illegally acquired alcoholic liquors have been seized under this section, no payment shall be made therefor.

Section 2. That Chapter 176 of the Revised Code of Delaware, 1935, as amended by Chapter 246, 41 Laws of Delaware, be and the same is hereby amended by striking out Paragraph (2) (f) of 6158. Section 29 as amended and inserting in lieu thereof the following paragraph:

6158. Section 29 (2) (f). Any alcoholic liquor purchased or seized by the Commission through the cancellation or surrender of a license, the death of the licensee, under a judgment, or in case of insolvency of a licensee, may be offered and sold by the Commission to persons duly licensed under the provisions of Chapter 176, Revised Code of Delaware, 1935, who shall file sealed bids for such liquors in accordance with the regulations adopted and published by the Commission; and in the event there are not any purchasers, such alcoholic liquors may be destroyed by order of the Commission.

Approved April 11, 1939.