CHAPTER 404

AN ACT TO AMEND TITLE 4, DELAWARE CODE, RELATING TO LOCATION OF THE HEAD OFFICE OF THE DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION, ANNUAL RENEWAL OF LICENSES, ESTABLISHING AN APPLICATION PROCESS FEE, AND ALLOWING THE COMMISSION TO ASSESS COSTS IN HEARINGS.

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

Section 1. Title 4, Section 302, Delaware Code, is hereby amended by striking Section 302 in its entirety and inserting in lieu thereof the following:

§ 302. Location of office

The head office of the Commission shall be in New Castle County, State of Delaware.

Section 2. Title 4, Section 542, Delaware Code, is hereby amended by striking Section 542 in its entirety and inserting in lieu thereof the following:

§ 542. Decision upon application for renewal of license; time of making

On or before the first day of the month preceding the annual expiration date of a license, the Commission shall render its decision upon every application properly and completely made to it on or before the first day of the third month preceding the annual expiration date of a license.

Section 3. Title 4, Section 552, Delaware Code, is hereby amended by striking Section 552 in its entirety and inserting in lieu thereof the following:

§ 522. Expiration date of licenses

All licenses issued under this title shall be valid for a period of one year, unless it is specifically stated in this Title or by the Commission to be for a shorter period of time, or unless the license shall be cancelled, revoked or suspended by the Commission, or unless the license shall be surrendered by the licensee or expire. The Commission shall determine the precise dates of the validity of a license issued under this Title. A license issued by the Commission, which is not a renewal of a former license, within three months of the date of the license would have to be renewed under the rules of the Commission, may be made to terminate by the Commission one year after the first applicable annual expiration date.

Section 4. Title 4, Section 555, Delaware Code, is hereby amended by adding thereto a new subsection to be designated as subsection "(cc)" and to read as follows:

(cc) Application process fee

If any application for a license under this Title requires any investigation by the staff and a hearing by the Commission before the Commission reaches a decision on the application, the applicant shall pay an application process fee of $200 in addition to any other fees required by this title or the rules of the Commission. The application process fee is not refundable regardless of the decision of the Commission. This provision for an application process fee does not apply to a gathering of persons under Section 514 of this Title. This provision for an application process fee shall not apply to applications for change of officers, directors or stockholders of a corporate licensee if there is no change in the majority of stockholders or majority of directors.

Section 5. Title 4, Delaware Code, is amended by adding thereto a new section to be designated as Section 913 and to read as follows:

§ 913. Licensees convicted of violations by the Commission may be assessed costs

Any licensee found guilty by the Commission of a violation of the rules of the Commission or the provisions of the Liquor Control Act of the State of Delaware, as amended, may be required by the Commission to pay costs incurred by the Commission for the hearing, whether there is a plea of guilty or not guilty entered by the licensee. If a licensee fails to pay the costs assessed under the provisions of this section, the Commission may suspend or revoke the license or licenses issued by the Commission to the licensee.

Approved May 6, 1970.