CHAPTER 453

AN ACT TO AMEND TITLE 4, DELAWARE CODE, AUTHORIZING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO IMPOSE FINES AGAINST LICENSEES FOUND GUILTY OF A VIOLATION OF THE RULES OF THE COMMISSION OR OF THE DELAWARE LIQUOR CONTROL ACT.

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

Section 1. Title 4, Delaware Code, is hereby amended by adding thereto a new Section 913 to read as follows:

§ 913. Authority to impose fines

Whenever the Commission has found a licensee to be guilty of a violation of the Rules of the Commission or the provisions of the Delaware Liquor Act, in addition to the power and authority granted to the Commission by this Title, the Commission shall have the power and authority to impose a fine on the licensee and to require that licensee to pay a fine with regard to such violation. Prior to the imposition of any fine, the Commission may cause such investigation to be made as it deems desirable and the fine shall only be imposed and required to be paid if the Commission is satisfied (a) that the public welfare and morals would not be impaired by the imposition of the fine and that the payment of the sum of money will achieve the desired disciplinary purposes; (b) that the books and records of the licensee are kept in such a manner that the average monthly gross sales of alcoholic beverages can be determined with reasonable accuracy therefrom. Any fine imposed by the Commission pursuant to this section shall not exceed ten percent of the estimated average gross monthly sales of alcoholic liquor for the operations of the licensee within the 12 months immediately preceding the date of the finding of guilt. The Commission shall not impose a fine on a licensee for a violation of the rules of the Commission or the provisions of the Delaware Liquor Control Act where the license of such licensee has been suspended or revoked by the Commission for such violation.

Section 2. Title 4, Delaware Code, is hereby amended by adding thereto a new Section 914 to read as follows:

§ 914. Effective date of the authority to fine

Nothing in this Act shall be construed to affect any revocation, cancellation, or suspension of a license concluded or in effect prior to the effective date of this Act, arising under the statutes of this State or rules of the Commission in effect immediately prior to the effective date of this Act, but all cases pending before the Commission or the Courts of Delaware at the time of the enactment of this Act shall be remanded to the Commission for consideration under the provisions of this Act.

Approved May 22, 1970.