CHAPTER 636

FORMERLY HOUSE JOINT RESOLUTION

NO. 15 AS AMENDED BY HOUSE AMENDMENT

NO. 1 AND SENATE AMENDMENT NO. 1

PROVIDING FOR A LIQUOR STUDY COMMISSION.

WHEREAS, the State of Delaware receives annually approximately $4 million in revenues from sources directly related to the liquor business; and

WHEREAS, the Delaware Alcoholic Beverage Control Commission regulates the liquor business in Delaware; and

WHEREAS, it is in the best interests of the State of Delaware that the liquor business be properly and effectively maintained and regulated; and

WHEREAS, the General Assembly of the State of Delaware is constantly considering legislation dealing with the liquor business such as:

Should the hours for serving alcoholic beverages be extended?

Should the legal age for consumption of alcoholic beverages be lowered below the present age of 21?

How much liquor should one be entitled to bring into Delaware tax free?

Should there be a statutory requirement that a minimum distance exist between two liquor outlets?

Should liquor wholesalers be restricted either formally or informally to sell only certain brands or lines of liquor?

Should the rules and regulations of the Alcoholic Beverage Control Commission be totally reevaluated to determine if they properly regulate the liquor business while at the same time protect the public interest?

What is the true meaning of the phrase "convenience and necessity" when considering a liquor license application or is the presence of such phrase both unworkable and unrealistic?

NOW, THEREFORE,

BE IT RESOLVED by the House of Representatives of the 126th General Assembly, the Senate concurring therein, that there is hereby created the Liquor Study Commission to be composed of thirteen members as follows: two members to be selected by and from the Liquor Wholesale Dealers Association; two members to be selected by and from the Liquor Retail Dealers Association; the Chairman of the Alcoholic Beverage Control Commission; two members of the House of Representatives, one from each political party to be appointed by the Speaker of the House, and two members of the Senate, one from each political party to be appointed by the President Pro Tempore; two members from the Delaware Restaurant Association to be appointed by the Governor and two members to be appointed by the Governor, one of whom shall be designated Chairman and neither of whom shall have any financial or family affiliation with the liquor business.

BE IT FURTHER RESOLVED that the Liquor Study Commission shall review in depth all facets of the liquor business in the State of Delaware for the purpose of recommending to the Governor and the General Assembly any changes in the current operation of the liquor industry which it deems appropriate to be in the best interest of the State of Delaware.

BE IT FURTHER RESOLVED that the report of the Liquor Study Commission be made to the Governor and each member of the General Assembly not later than March 30, 1972.

Approved July 9, 1971.