CHAPTER 590

FORMERLY

HOUSE BILL NO. 975

AS AMENDED BY HOUSE AMENDMENTS NO. 1, 3, 4, 6 AND 7

AND SENATE AMENDMENTS NO. 1, 2 AND 3

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

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

Section 1. Amend §304, Title 4 of the Delaware Code, by striking the period (.) at the end of subsection (5) thereof and substituting in lieu thereof the following: "; provided, however, that the Commission's said power to control the sale of alcoholic liquors shall not be exercised in such a manner as to prevent any holder of a retail license for the sale of alcoholic liquors not for consumption on the premises where sold from giving a retail purchaser of a case or more of spirits and/or wine a discount not to exceed 10% of the total dollar sale."

Section 2. Amend §512, Title 4 of the Delaware Code, by adding thereto a new subsection, to be designated as subsection " (d)", which shall read as follows:

"(d) Any person receiving a license under this section shall be permitted to charge a cover charge at any time when live entertained is actually being provided by the licensee, provided that any licensee so charging a cover charge shall be required to prominently display the fact that a cover charge is being made, both at the entrance to the premises and on the menu if one is used on the premises."

Section 3. Amend Chapter 7, Title 4 of Delaware Code, by adding thereto a new section to be designated "§727A" which shall read as follows:

§727A. Storage of Alcoholic liquors

All holders of licenses for the sale of alcoholic liquor in a tavern, restaurant or taproom and as to the public sale portions of the premises covered by holders of a hotel or club license shall store all alcoholic liquor in adequate storage facilities and the premises, or the part of the premises where such alcoholic liquor is stored if a hotel or club, must be locked before the last person leaves the licensed premises.

Section 4. Amend §512, Title 4 of the Delaware Code, by adding thereto a new section to be designated as subsection "(d)", which shall read as follows:

"(d) Any person operating a bowling alley may apply for a license to keep and sell alcoholic liquor to patrons for consumption on the premises only."

Section 5. Amend §718, Title 4 of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section, which shall read as follows:

§718. Reports by persons licensed to sell

(a) The Commission shall require that every importer shall make a monthly report of his manufacture, purchases, stocks and sales of alcoholic liquor to the Commission.

Section 6. The Delaware Alcoholic Beverage Control Commission is specifically directed to promptly review and amend as appropriate its rules and regulations to be consistent with the amendments made by this Act.

Section 7. Amend Subsection 561 (a), Title 4, Delaware Code, by striking therefrom the word "shall" and inserting in lieu thereof the word "may". This section shall take effect on June 1, 1973.

Section 8. All rules and/or regulations of the Delaware Alcoholic Beverage Control Commission which on or after the effective date of this Act conflict with the provisions of this Act are null and void.

Section 9. The effective date of this Act, unless otherwise provided herein, shall be the date this Act is signed by the Governor or becomes law without his signature.

Section 10. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or application, and to that end the provisions of this Act are declared to be severable.

Approved September 28, 1974.

Resolutions