CHAPTER 294

FORMERLY HOUSE BILL NO. 512

AS AMENDED BY

HOUSE AMENDMENTS NO. 4 AND 5

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5, TITLE 4, DELAWARE CODE, BY INCREASING THE RATE OF TAXATION ON ETHYL ALCOHOL, BY PROVIDING FOR A FLOOR STOCK TAX, AND BY REGULATING THE INCREASE OF PRICES.

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

Section 1. Amend subsection (a), paragraph (3) of Section 581, Chapter 5, Title 4, Delaware Code, by striking said paragraph

(3) in its entirety, and substituting in lieu thereof a new paragraph

(3) to read as follows:

"(3) For each gallon of spirits containing twenty-five percent (25%) or less of ethyl alcohol by volume, $1.50."

Section 2. Amend subsection (a), paragraph (4) of Section 581, Chapter 5, Title 4, Delaware Code, by striking said paragraph

(4) in its entirety, and substituting in lieu thereof a new paragraph

(4) to read as follows:

"(4) For each gallon of spirits containing more than twenty-five percent (25%) ethyl alcohol by volume, $2.25."

Section 3. For a period of sixty (60) days from the effective date of this Act, the Alcoholic Beverage Control Commission shall schedule no increase in the price of alcoholic beverages subject to the increase in tax specified in Sections 1 and 2 of this Act in excess of the amount of the tax increase. The Commission in considering any schedule of increase of prices, subsequent to such sixty-day period, shall take into consideration both the public interest and the business needs of importers and retailers of alcoholic beverages before scheduling such increase in prices. The Commission shall prescribe such rules and regulations as it deems necessary to administer the provisions of this section.

Section 4. This Act shall take effect August 15, 1971.

Approved July 30, 1971.