CHAPTER 547

DELAWARE ALCOHOLIC CONTROL COMMISSION

AN ACT PERTAINING TO ALCOHOLIC LIQUORS AND PROVIDING FOR THE REORGANIZATION, COMPOSITION, MEMBERSHIP AND POWERS OF THE COMMISSION CALLED THE "DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION", FOR THE RATIFICATION OF THE ACTS OF THE COMMISSION CREATED BY CHAPTER 393 OF VOLUME 50 LAWS OF DELAWARE, REPEALING SAID CHAPTER 393 OF VOLUME 50 LAWS OF DELAWARE AND ABOLISHING THE OFFICES THEREIN CREATED, AND AMENDING CHAPTER 3 OF TITLE 4 OF THE DELAWARE CODE.

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

Section 1. Chapter 393 of Volume 50 Laws of Delaware (Senate Bill No. 286, as amended, of the 118th General Assembly) is hereby repealed. The Delaware Alcoholic Beverage Control Commission and the offices of members of The Delaware Alcoholic Beverage Control Commission created by said Chapter 393 of Volume 50 Laws of Delaware are hereby abolished,

Section 2. All acts, actions and decisions of The Delaware Alcoholic Beverage Control Commission created by Chapter 393 of Volume 50 Laws of Delaware ; all acts, actions and decisions of the members of The Delaware Alcoholic Beverage Control Commission created by said chapter ; and all discretions and judgments exercised by The Delaware Alcoholic Beverage Control Commission and the members thereof, as recorded or reflected in the minutes or other records of the Commission, are hereby ratified, confirmed, approved and declared to be valid and effective acts, actions, decisions and judgments of such Commission and the members thereof : provided, however, that nothing contained in this section shall be deemed to deprive or in any way limit or affect the right which any person may have under law to appeal from any order or decision of such Commission.

Section 3. § 301 of Title 4 of the Delaware Code is amended to read as follows:

§ 301. Name; composition; qualifications; appointment; term; compensation; vacancy; quorum

(a) The Delaware Liquor Commission that existed on June 29, 1955 is reestablished and continued with all of the powers, duties and property that it had on that date. The name of such Commission is changed to "Delaware Alcoholic Beverage Control Commission".

(b) The Commission shall consist of five members, two of whom shall be residents of New Castle County, one of whom shall be a resident of Kent County, one of whom shall be a resident of Sussex County, and one of whom shall be a member at-large resident at any place in the State. No more than three members of the Commission shall belong to the same political party. Each member of the Commission shall be when appointed a citizen of the United States, a qualified voter of the State of Delaware, and a resident of the State of Delaware for at least three years preceding the date of his appointment. Each member of the Commission appointed from a county of the State shall during his term of office be a resident of that county.

() George J. Schulz, who was the sole member of the Commission on June 29, 1955, shall continue to be and is hereby appointed a member of the Commission as member-at-large until the expiration of the term of office to which he was last appointed by the Governor. There are hereby appointed, as additional members of the Commission, the following persons, viz.: J. Edward Truitt of New Castle County for a term expiring on May 15, 1959; T. Brinton Holloway of Kent County for a term expiring on May 15, 1960; Isaac Leroy Smith of Sussex County for a term expiring on May 15, 1961; and John M. Conway of New Castle County for a term expiring on May 15, 1962.

(a) Upon the expiration of the term of any member, the Governor, by and with the consent of a majority of the members elected to the Senate, shall appoint a successor for a term of five years from the date of expiration of the term of his predecessor. No appointment of,, a member to succeed a member
whose term of office has expired shall be complete or effective
unless and until the nominee has been confirmed by the Senate.

(e) 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 Commission shall fill such vacancy for the unexpired term by selecting a properly qualified person.

(f) Each member of the Commission shall receive compensation at the rate of $25.00 for each meeting of the Commission attended by him plus his travel expenses. Meetings for which compensation shall be paid to each member shall not exceed twenty-four in number in any one year.

(g) Three members of the Commission shall constitute a quorum. A majority of the members present at any meeting and constituting a quorum shall be sufficient for any action by the Commission.

Section 4. The paragraph numbered "(9)" of § 304 of Title 4 of the Delaware Code is amended to read as follows:

(9) Appoint, employ or dismiss every officer or employee necessary for the carrying out of the work of the Commission, fix their salaries or remunerations, and assign them their official titles and duties, and engage the services of experts and of persons engaged in the practice of a profession. All officers and employees appointed by the Commission shall have the police powers of constables and other police officers of the State, counties and other subdivisions of the State and they shall be conservators of the peace throughout the state and may suppress all acts of violence and enforce the provisions of this title.

NOTE : This bill became a law on December 5, 1955 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware.