CHAPTER 335

AN ACT TO AMEND TITLE 4, DELAWARE CODE, RELAT1 ING TO THE REGULATION OF ALCOHOLIC LIQUORS IN CLUBS.

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

Section 1. § 101 of Title 4, Delaware Code, is hereby amended by striking the semicolon which follows "Commission" in the last line of the paragraph therein which begins "Member of a club"; by substituting a period for that semicolon; and by, adding to § 101 following said period the following additional definition:

"Member of a club" which is a multiple activity club means a person who, pursuant to the charter, by-laws or rules of the club, is a member in good standing of such club and whose name and address is supplied in writing to the Commission by the club within eight days after his admission to membership; or who holds a temporary membership in such club, pursuant to a charter provision, or by-law or rule approved by the Commission.

Section 2. § 101 of Title 4, Delaware Code, is further amended by inserting between the paragraph therein which begins "Member of a club" and the paragraph therein which begins "Peddle", the following new paragraph defining multiple activity club:

"Multiple activity club" is a club as to which, in the determination of the Commission, the service of spirits, wine or beer is not the principal activity in the premises of the club as established by the following:

1. Gross revenue of the club from the sale of spirits, wine and beer does not exceed 40% of its total annual revenue including dues, fees and assessments, and either

0. Meals are served by the club at regular hours on at least six days of the week, or

1. The club has a physical facility, regularly used by members of the club, which is devoted primarily to activities other than the sale or consumption of spirits, wine or beer;

Section 3. § 512 of Title 4, Delaware Code, is hereby amended by deleting the first paragraph thereof and inserting in lieu thereof that paragraph the following:

Any person, who is the owner or lessee or who is recognized by the Commission as being in charge of a hotel, motel, restaurant, club, or multiple activity club; may apply for a license to purchase spirits or wine from the Commission but not otherwise, or to purchase beer from the Commission or through the Commission as provided in Section 702 of Title 4, from a manufacturer or from an importer and to receive, keep and sell such spirits or wine either by the glass or by the bottle, or beer by the glass as draft beer or by the bottle for consumption on any portion of the premises approved* by the Commission for that purpose. Such a license entitles a club to sell such spirits, wine or beer only to members of that club. A multiple activity club which holds such a license may apply for an additional license to sell such spirits, wine or beer to any person who is a guest of such club or of a member of such club who is duly registered in accordance with a by-law or rule of such club, approved by the Commission, provided that if the Commission determines that any applicant is not a multiple activity club as defined in Section 101 of Title 4, the application shall be denied.

Section 4. § 515 of Title 4, Delaware Code, is amended by deleting that section in its entirety and inserting in lieu thereof the following:

§ 515. Club and Multiple Activity Club; sale to members for keeping in locker

(a) A club or multiple activity club may apply for a license to purchase spirits, wine or beer from the Commission or through the Commission, as provided in section 702 of Title 4, but not otherwise, and to sell such spirits, wine or beer to a member of that club for keeping on the club premises in a suitable locker at the club in which such spirits, wine or beer may be securely kept under lock and key;

(b) Any club or multiple activity club which holds a license under this section either (1) shall assign a separate locker to each member applying therefor which shall be utilized solely for the storage of spirits, wine or beer and which shall be accessable only to that member and designated employees of the club, or (2) with approval of the Commission shall provide a master locker, maintained solely for the storage of spirits, wine or beer, which shall be under the exclusive control of designated employees of the club and which shall be utilized in such manner as to maintain clear identification of the member to whom each bottle of spirits, wine or beer stored therein belongs.

Section 6. § 555 of Title 4, Delaware Code, is amended by deleting paragraph "(d)" therefrom and inserting therein a new paragraph "(d)" therein as follows:

(d) For a license to purchase spirits, wine or beer and to receive and keep such spirits, wine or beer and to sell such spirits, wine or beer in a club or multiple activity club to members of that club or multiple activity club, the license fee shall be $100 if the club has an active membership in good standing of less than 400 members; or $200 if the club has an active membership in good standing of 400 or more members.

Section 7. § 555 of Title 4, Delaware Code, is further amended by deleting paragraph "(w)" therefrom and inserting a new paragraph " (w)" therein as follows:

(w) For a license authorizing a club or multiple activity club to purchase alcoholic liquor and to sell it to members of the club or multiple activity club to be kept in a locker at the club, the license fee shall be $50.

Section 8. § 555 of Title 4, Delaware Code, is further amended by adding thereto a new paragraph as follows:

(bb) For a license for a multiple activity club to purchase and to sell spirits, wine or beer to any person who is a guest of such club or a guest of a member of such club, the license fee shall be $450.

Approved June 21, 1968.