CHAPTER 116

AN ACT TO AMEND CHAPTER 5, TITLE 4, DELAWARE CODE, RELATING TO THE GROUNDS FOR REFUSAL OF LICENSE.

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

Section 1. Section 543, Chapter 5, Title 4, Delaware Code, is amended by adding thereto the following new subsections (f) and (g):

(f) The Commission shall refuse to grant a license for the sale of alcoholic liquor by any restaurant, club, tavern, taproom, hotel, store, or other establishment for consumption on or off the premises when there is an existing licensed establishment of the same type within a radius of 1200 feet in any incorporated city or town or within a radius of one mile in any unincorporated or rural area; provided, however, that the foregoing shall not apply:

(1) To any existing license or to the sale, transfer or renewal thereof ;

(2) To any application on behalf of a club, hotel or restaurant for consumption of alcoholic liquors on the premises provided that such club, hotel or restaurant shall be established and operating as such by serving at least two meals per day for a period of six months;

(g) Any holder of an existing license who desires to move the location of his license due to the destruction of his building, loss of lease, diversion of highway traffic pattern, or similar reason beyond the control of the licensee, shall have preference in the issuance of a new license provided that the application satisfies the provisions of Section 543 (f) and all other requirements under this Title.

Section 2. The provisions of this act shall become effective 30 days after this act becomes law.

Approved June 10, 1965.