CHAPTER 108

FORMERLY SENATE BILL NO. 282

AN ACT TO AMEND CHAPTER 9, TITLE 4 OF THE DELAWARE CODE RELATING TO THE CONFISCATION OF VEHICLES USED IN THE TRANSPORTATION OF UNTAXED ALCOHOLIC LIQUORS.

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

Section 1. Amend Title 4, § 906 of the Delaware Code, by striking subsection (c) thereof and substituting in lieu thereof a new subsection (c) to read as follows:

(c) In addition to the penalties provided by this section, any vehicle used to transport alcoholic liquor upon which the taxes provided by §581 have not been paid and which is intended for resale shall be deemed confiscated and shall be delivered to, retained by and disposed of by the Commission as provided in Chapter 11 of this Title. The Commission shall have the burden of proof that the transported untaxed liquor was intended for resale. This section shall not apply to vehicles operated by common carriers over scheduled routes, or to vehicles in which the sale of alcoholic liquor is licensed.

Approved June 2, 1971.