CHAPTER 493

FORMERLY

SENATE BILL NO. 684

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §561 (c), Chapter 5, Title 4 of the Delaware Code by striking said subsection in its entirety and inserting in lieu thereof the following:

"(c) The Commission shall not cancel or suspend any license for the sale of alcoholic liquors or impose any fine for an alleged violation of 5713 or 5904 of this Title where the licensee or its employee has made a reasonable effort to determine the age of a purchaser of alcoholic liquors. For purposes of this section, a licensee or its employee shall be deemed to have made a reasonable effort to determine the age of a purchaser if, prior to any sale of alcoholic liquors, the licensee or its employee requires the purchasers to display identification, with a photograph of the purchaser thereon affixed, which sets forth information that would lead a reasonable man to believe the purchaser to be 20 years of age or older."

Section 2. Amend Section 713 (a)(1), Title 4 of the Delaware Code by striking the semicolon (;) as it appears at the end thereof, in its entirety and substituting in lieu thereof the following:

"except that in any prosecution for an offense under this subparagraph it shall be an affirmative defense that the individual, who has not reached the age of 20 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 20 years of age or older;".

Section 3. Amend §904 (a), Chapter 9, Title 4 of the Delaware Code by striking the paragraph beginning with "In any trial" and ending with "of 20 years." as the same appears therein in its entirety and substituting in lieu thereof the following:

"In any prosecution for an offense under this sub-paragraph it shall be an affirmative defense that the individual, who has not reached the age of 20 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 20 years of age or older."

Approved July 11, 1978.