CHAPTER 128

FORMERLY

HOUSE BILL NO. 538

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FOR SALE OR DISPENSING AT A GATHERING OF PERSONS.

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

Section 1. Amend Section 101, Title 4, Delaware Code, by striking the words ", or to the holders of a gathering license to dispense and not for resale" as the same appear in the last two lines of the definition of the word "Importer".

Section 2. Amend Section 514, Title 4, Delaware Code, by striking subsection (c) of said section in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

(c) A holder of a gathering license may purchase alcoholic liquors for sale at a gathering of persons from either retailers or importers and such retailers and importers shall be permitted to make deliveries to persons holding gathering licenses. A holder of a gathering license granted pursuant to this section shall be exempt from paying the application process fee as provided in subsection (cc) of Section 555 of this Act.

Section 3. Amend Section 514, Title 4, Delaware Code, by striking subsection (d) thereof in its entirety and inserting in lieu thereof a new subsection (d) to read as follows :

(d) For purposes of §514 only, the price paid for alcoholic liquors to be sold at a gathering of persons licensed under this section shall be a price agreed upon between the said licensee and the retailer from whom said alcoholic liquors are purchased. A retailer shall not sell at a price less than the price paid by the retailer for such alcoholic liquors. An importer shall not sell at a price which is less than the price that a retailer pays for the same alcoholic liquors.

Section 4. Amend Section 514, Title 4, Delaware Code, by adding a new sentence to subsection (h) at the end thereof to read as follows:

Importers may sell and deliver beer directly to persons for dispensing at a gathering of persons and not for resale.

Approved July 3, 1973.