CHAPTER 393

CHANGING COMPOSITION OF LIQUOR COMMISSION

AN ACT TO AMEND CHAPTER 3, TITLE 4 OF THE DELAWARE CODE RELATING TO THE DELAWARE LIQUOR COMMISSION BY ABOLISHING THAT COMMISSION AND CREATING A NEW COMMISSION TO BE KNOWN AS THE DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION; TRANSFERRING DUTIES, POWERS AND PROPERTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 301, Chapter 3, Title 4 of the Delaware Code is hereby repealed.

Section 2. The present existing Delaware Liquor Commission is hereby abolished and a new Commission to be known as The Delaware Alcoholic Beverage Control Commission is hereby established as hereinafter provided. All of the powers and duties and property of the Delaware Liquor Commission are transferred to the Delaware Alcoholic Beverage Control Commission hereby created.

Section 3. Chapter 3, Title 4 of the Delaware Code is hereby amended by adding thereto the following new Section to be known as § 301:

§ 301. Commission; qualifications; member - at - large voting; terms; compensation vacancies

The Delaware Alcoholic Beverage Control Commission, hereinafter referred to as "the Commission" shall consist of five members, all of whom shall be residents of this State for a period of three years preceding their appointment, and no more than three members shall be from the same political party. The term of office shall be for four years. Two members shall be residents of New Castle County, one member shall be a resident of Kent County; one member shall be a resident of Sussex County ; and one member to be known as the "member-at-large", may be a resident anywhere in the State of Delaware.

The member-at-large may vote on matters coming before the Commission only when there is a tie vote among the other members of the Commission.

The members of the Commission shall receive compensation at the rate of $25 for each meeting of the Commission plus travel expenses. Meetings for which compensation shall be paid shall not exceed 24 in number in any one year.

There are hereby appointed five members of the Commission for a term beginning with the effective date of this Act and ending on March 1, 1959 as follows :

J. Edward Truitt from New Castle County, Burton Heal from New Castle County, Brinton T. Holloway of Kent County, Isaac Leroy Smith of Sussex County and John M. Conway, the member-at-large.

In case of a vacancy in the Commission for any reason other than the expiration of the term of office, the remaining members of the Department shall fill such vacancy by selecting a properly qualified person who shall thereafter be confirmed by the Senate. After the expiration of the terms of office of the members as heretofore provided, the Governor shall appoint, subject to confirmation by the Senate, during the month of February 1959, and every four years thereafter, the members of the Commission for full terms of four years.

Section 4. Wherever in the Delaware Code there is a reference to the Delaware Liquor Commission it shall be construed henceforth to mean The Delaware Alcoholic Beverage Control Commission.

Section 5. Any Acts or parts of Acts inconsistent with the terms of this Act are hereby repealed to the extent of such inconsistency.

NOTE : This bill became a law on June 30, 1955, without the approval of the Governor and in accordance with Section 18, Article 3, of the Constitution of Delaware.