CHAPTER 263 - ALCOHOLIC LIQUOR, WINES AND BEER - IN RELATION TO UNLAWFUL TRANSPORTATION

AN ACT TO AMEND CHAPTER 176 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, WITH REFERENCE TO THE UNLAWFUL TRANSPORTATION OF ALCOHOLIC LIQUOR, PROVIDING PENALTIES THEREFOR AND FOR THE CONFISCATION OF ANY VEHICLE USED IN THE COMMISSION OF ANY OFFENSES THEREUNDER.

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

Section 1. That 6174 Sec. 45 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is further amended by striking out and repealing all of paragraphs (p) and (q) thereof and by substituting and inserting in lieu thereof the following:

(p) Buys, for any remuneration whatsoever, any "alco-. holic liquors" for another person; shall be guilty of a misdemeanor, and shall upon conviction, in addition to the payment of costs, pay a fine of not more than $100.00 and, on failure to pay such fine and costs, shall be imprisoned for one month.

(q) Whoever being the holder of a license to operate a "tavern" or "taproom", admits or permits to remain in such "tavern" or "taproom", any minor under the age of twenty-one years, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $25.00.

For the purposes of this Act the definition of a taproom is an establishment provided with special space and accommodations and operated primarily for the sale by the glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object.

Section 2. That Chapter 176 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is amended by adding, immediately following 6172 Sec. 43 of said Chapter, a new section to be known as 6172A Sec. 43A, as follows:

6172A Sec. 43A. Unlawful Transportation; Penalties; Confiscation of Vehicles. (a) Whoever shall transport or ship "alcoholic liquor" in violation of the requirements of Section 37 of this Chapter, or, in connection with such transportation or shipment, shall knowingly have in his possession a way-bill giving a false name or a false address, or shall transport or cause to be transported by any "vehicle" any "alcoholic liquor" upon which the taxes provided by Section 16 of this Chapter have not been paid, shall be guilty of a misdemeanor and shall, upon conviction, in addition to the payment of costs, pay a fine of not less than one hundred dollars nor more than one thousand dollars, or shall be imprisoned for not less than thirty days nor more than six months, or shall be punished by both fine and imprisoned at the discretion of the court.

(b) In any trial for an offense under this Section the burden shall be upon the defendant to prove that the taxes provided by Section 16 of this Chapter have been paid; Provided that nothing in this section shall be construed to apply to any alcoholic liquor purchased from a legal source and being transported in the baggage of an individual in quantities not in excess of the amounts permitted under 6165 Sec. 36 (B) (1) (d) as amended.

(c) In addition to the penalties provided by this Section, any "vehicles" used in the commission of an offense under this Section shall be deemed confiscated and shall be delivered to, retained by and disposed of by the Commission as otherwise provided by this Chapter; Provided, however, that the provisions of this section shall not apply to "vehicles" operated by common carriers over scheduled routes, or to such vehicles in which the sale of "alcoholic liquor" is licensed under Section 6159, Section 30, Revised Code of Delaware, 1935.

Section 3. No criminal proceeding commenced prior to the date of approval of this act shall, in any manner, be affected by this act.

Section 4. If any section or provision of this act shall be held invalid or unconstitutional, such decision shall affect only the section or provisions so declared invalid or unconstitutional and shall not affect any other section or provision of this Act.

Approved March 1, 1945.