CHAPTER 203

ALCOHOLIC LIQUORS, WINES AND BEER

PROVIDING THAT CERTAIN QUANTITIES OF SPIRITS AND WINE OR SPIRITS AND BEER MAY BE SOLD OR PURCHASED

AN ACT TO AMEND CHAPTER 176 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO ALCOHOLIC LIQUOR, WINES AND BEER, AS AMENDED, BY PROVIDING THAT CERTAIN QUANTITIES OF SPIRITS AND WINE OR SPIRITS AND BEER MAY BE SOLD AND/OR PURCHASED.

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 sub-paragraph (5) of 6145. Sec. 16 as amended by Chapter 191, 42 Laws of Delaware, and by inserting in lieu thereof a new sub-paragraph (5) of 6145. Sec. 16 as follows:

6145. Sec. 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 and 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 sub-paragraph (6) of 6146. Sec. 17 as amended by Chapter 191, 42 Laws of Delaware, and by inserting in lieu thereof a new subparagraph (6) of 6146. Sec. 17 as follows:

6146. Sec. 17 (6) Any person in charge of 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 and 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 sub-paragraph (1) of 6148. Sec. 19 and by inserting in lieu thereof a new sub-paragraph (1) of 6148. Sec. 19 as follows:

6148. Sec. 19. (1) Sale of alcoholic liquor in excess of one bottle of spirits and twelve bottles of wine or of beer or twenty-four half-bottles of wine or beer to be kept in stock for personal use but not for purpose of resale may be made to an individual holder of a license authorizing him or her to purchase such alcoholic liquor for stock.

Section 4. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out sub-paragraph (1) of 6149. Sec. 20 and by inserting in lieu thereof a new sub-paragraph (1) of 6149. Sec. 20 as follows:

6149. Sec. 20. (1) Any individual twenty-one years of age or over may purchase, without license from the Commission, spirits or wine or beer by the glass or, at one purchase an amount not to exceed one bottle of spirits and twelve bottles or twenty-four half-bottles of wine or one bottle of spirits and twelve bottles or twenty-four half-bottles of beer, provided that such purchases are made from a person authorized to make the sale.

Section 5. That Chapter 176 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out sub-paragraph (7) of 6159. Sec. 30 and by inserting in lieu thereof a new sub-paragraph (7) of 6159. Sec. 30 as follows:

6159. Sec. 30. (7) To sell alcoholic liquor from a hotel, a restaurant or a store in quantity not more than one bottle of spirits and twelve bottles of wine or of beer or twenty-four half-bottles of wine or of beer, not for consumption on the premises, the sum of one hundred fifty dollars, except as provided in paragraph (1) (c) of this Section.

Section 6. That Chapter 176 of the Revised Code of Delaware, 1935, as amended by Chapter 251, 41 Laws of Delaware and Chapter 191, 42 Laws of Delaware, be and the same is hereby further amended by striking out paragraph (B) (1) (d) of 6165. Sec. 36 and by inserting in lieu thereof a new paragraph (B) (1) (d) of 6165. Sec. 36 as follows:

6165. Sec. 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 and 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

Approved March 30, 1943