CHAPTER 311

AN ACT TO AMEND CHAPTER 7, TITLE 4, DELAWARE CODE, RELATING TO THE SALE OF ALCOHOLIC LIQUOR BY PERMITTING SALES OF ALCOHOLIC LIQUORS ON SUNDAYS UNDER CERTAIN CONDITIONS.

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

Section 1. § 717 (e), Title 4, Delaware Code, is amended by striking out the word "Sunday" and inserting in lieu thereof the following:

Sundays, except as permitted by subsection (g).

Section 2. § 717, Title 4, Delaware Code, is amended by adding thereto a new subsection to read:

(g) A holder of a special Sunday Sales license, issued pursuant to section 521A of this title, may sell alcoholic liquors on Sundays with meals only between the hours of 1 o'clock in the afternoon and 9 o'clock in the evening for consumption on the premises where served and in a room where meals are customarily served by the licensee.

Section 3. Chapter 7, Title 4, Delaware Code, is amended by adding thereto a new section to read:

§..521A. Special license for Sunday sales; application; fees

(a) For purpose of this section—"restaurant", "hotel" and "club" means a licensed premises where meals are served at regular hours on a daily basis, from menus and where alcoholic liquors are served merely as an accommodation to those consuming food or as a supplement to meals and not as the principal activity in the premise.

(b) Any holder of a restaurant, hotel or club license may apply for a special license to sell and serve alcoholic liquors on

Sundays with meals only between the hours of 1 o'clock in the afternoon and 9 o'clock in the evening for consumption on the premises where served and in a room where meals are customarily served by the licensee.

(c) Any holder of a license to sell alcoholic liquors in the passenger cars of a railroad may apply for a special license to sell, and serve alcoholic liquors on Sundays with meals only in the dining car or cars only, between the hours of 1 o'clock in the afternoon and 9 o'clock in the evening.

(d) If The Commission determines that any applicant for a license pursuant to this section is not primarily engaged in the sale and serving of meals in the rooms where such Sunday sales are proposed, it shall deny the application.

(e) The license fee for the special Sunday sales license shall be an additional $200 to that license fee assessed in subsections 555 (a), (c), (d) and (e) of this title.

Approved March 28, 1966.