CHAPTER 191

ALCOHOLIC LIQUORS, WINES AND BEERS

AN ACT TO AMEND CHAPTER 176 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE SALE AND DELIVERY OF ALCOHOLIC LIQUORS, THOSE ENTITLED TO PURCHASE, RESELL OR DISPENSE ALCOHOLIC LIQUORS, TARIFF OF LICENSE FEES, SEIZURES AND TRANSPORTATION OF ALCOHOLIC LIQUORS.

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 Paragraph (5) of 6145. Section 16, and inserting in lieu thereof the following paragraph:

6145. Section 16 (5). The Commission may sell at its store or stores, and deliver to any person authorized under this Chapter to purchase alcoholic liquors, alcohol, spirits, wines or beer; provided, however, that no quantity greater than one bottle of spirits or twelve bottles of wine or beer, or twenty-four half bottles of wine or of beer shall be sold to persons other than to a person personally exhibiting at the time of such purchase his or her license to purchase a stock of alcoholic liquor for personal use.

Section 2. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out Paragraph (6) of 6146. Section 17, and inserting in lieu thereof the following paragraph:

6146. Section 17 (6). Any person in charge of a grocery, a delicatessen shop, a hotel, a restaurant, a club or a store, whether owner, lessee or manager, and recognized as such by the Commission, may purchase from the Commission or through the Commission, as provided in Section 16 Paragraph (4), but not otherwise, and may 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; provided however, that no quantity greater than one bottle of spirits or twelve bottles of wine or beer, or twenty-four half-bottles of wine or beer shall be so sold or delivered except to a person personally exhibiting at the time of such purchase his or her license to purchase a stock of alcoholic liquor for personal use. All bottles so sold shall be delivered to the purchaser and shall be removed by him or her from the premises where sold and with the seals of such bottles unbroken.

Section 3. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out Paragraph (4) of 6148. Section 19, and inserting in lieu thereof the following:

6148. Section 19 (4). All purchases of alcoholic liquor for stock shall be made from the Commission or through the Commission as provided in Section 16 Paragraph 4 of this Chapter, or from persons duly licensed by the Commission to sell alcoholic liquor.

Section 4. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out paragraphs (7) and (9) of 6159. Section 30, and inserting in lieu thereof the following:

6159. Section 30 (7). To sell alcoholic liquor from a grocery, a delicatessen shop, a hotel, a restaurant or a store, not for consumption on the premises, the sum of One Hundred and Fifty Dollars ($150.00), except as provided in Paragraph (1) (c) of this Section.

6159. Section 30 (9). For a license to purchase a stock of alcoholic liquors for storage in the residence of the licensee for his or her personal use and for the personal use of his or her family and guests, but not for sale, the sum of One Dollar ($1.00).

Section 5. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out Paragraph (b) (1) (d) of 6165. Section 36, as amended by Chapter 251, Laws of Delaware, 1937, and inserting in lieu thereof the following:

6165. Section 36 (B) (1) (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; provided that the restriction as to quantity shall not apply to the holder of a license to purchase a stock of alcoholic liquor for personal use who having said license then with him or her, is personally transporting for his or her personal use any alcoholic liquor in any quantity; or

Section 6. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by inserting at the end of 6182. Section 53 as amended the following new paragraph:

The provisions of this Section shall not at any time or in any instance be construed to apply to an individual, the holder of a license to purchase a stock of alcoholic liquor for personal use, who is transporting for his or her own personal use any alcoholic liquor in any quantity.

Section 7. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by inserting at the end of 6183. Section 54 the following new paragraph:

The provisions of this Section shall not apply to an individual, the holder of a license to purchase a stock of alcoholic liquor for personal use, who having said license then with him or her, is personally transporting for his or her own personal use any alcoholic liquor in any quantity.

Approved April 11, 1939.