CHAPTER 261 - ALCOHOLIC LIQUOR, WINES AND BEER SEIZURE AND CONFISCATION OF UNLAWFUL PARAPHERNALIA

AN ACT TO AMEND CHAPTER 176 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO ALCOHOLIC LIQUOR, WINES AND BEER, BY MAKING UNLAWFUL THE "MANUFACTURE" OF "ALCOHOLIC LIQUOR" AND THE POSSESSION OF STILLS, MASH AND PARAPHERNALIA USEFUL IN THE "MANUFACTURE" OF "ALCOHOLIC LIQUOR" BY "PERSONS" NOT LICENSED TO "MANUFACTURE" "ALCOHOLIC LIQUOR"; PROVIDING PENALTIES THEREFOR; AND PROVIDING FOR THE SEIZURE OF ALL LIQUORS, STILLS, MASH, AND PARAPHERNALIA USED IN CONNECTION WITH SUCH UNLAWFUL "MANUFACTURE", OR SO POSSESSED.

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, be and the same hereby is amended by adding immediately following 6174 Sec. 45 of said Chapter, a new section to be known as 6174A Sec. 45A as follows:

6174A Section 45A. Unlicensed "Manufacture"; Possession of Stills, Apparatus and Mash by Unlicensed Persons; Penalties Therefor; Confiscation of Property.

(a) No "person" shall "manufacture" any "alcoholic liquor" without having first obtained from the Commission a license authorizing such "manufacture", nor shall any "person", not duly licensed by the Commission to "manufacture" "alcoholic liquor", be at any time in the possession of any still, receptacle, paraphernalia, apparatus, mash, wort, or wash, adapted for use in connection with the "manufacture" of "alcoholic liquor". Any person who shall violate the provisions of this Section shall be deemed guilty of a misdemeanor and shall, upon conviction, in addition to payment of costs, be fined not less than Five Hundred Dollars nor more than Five Thousand Dollars, or shall be imprisoned for a term of not less than six months nor more than two years, or shall be punished by both such fine and imprisonment, in the discretion of the court.

(b) Nothing in this. Section shall be construed to apply to the making of cider or wine out of native fruits or berries for domestic consumption and not for the purpose of sale, nor to fermented liquids used in the manufacture of vinegar exclusively, but no worm, goose-neck, pipe, conductor, or Contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and converted into distilled spirits, shall be used or employed or be fastened to or connected with any apparatus used for the manufacture of cider, wine, or vinegar, nor shall any worm be permitted on or near the premises where the making of cider, wine or vinegar is carried on, except in the case of a duly licensed "manufacturer". Any violation of the provision of this paragraph shall constitute a misdemeanor and shall carry the same penalties as provided in paragraph (a) hereof.

(c) All "alcoholic liquor", stills and other apparatus, tubs, barrels, containers and paraphernalia of whatsoever character, and all mash, wort or wash, used or useful in connection with the "manufacture" of "alcoholic liquor" and being upon the premises wherein or whereon shall have been committed any offense made punishable by this Section, shall be seized by the officers apprehending the same and shall be delivered into the possession of and retained by the Commission to be disposed of as otherwise provided in this Chapter; provided however that the officers finding the same may forthwith destroy any or all mash, wort or wash being found upon such premises, and any or all such stills or other apparatus, tubs, barrels, containers and paraphernalia so found; provided further however, that as to any such property so destroyed, the officer or officers so destroying the same shall forthwith report the same to the Commission and in such report shall itemize all property so destroyed and shall give the estimated value thereof and the names of the persons in whose presence such act or acts of destruction were performed; and such report shall be witnessed by at least two responsible persons other than the officer or officers performing such act or acts of destruction.

Approved February 15, 1945.