CHAPTER 232

FORMERLY

HOUSE BILL NO. 533

AS AMENDED BY HOUSE AMENDMENT NO. 1,

HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 1

AND HOUSE AMENDMENTS NO. 2, 3, AND 4

AN ACT TO AMEND CHAPTER 5, TITLE 4, DELAWARE CODE, TO PERMIT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO LICENSE ESTABLISHMENTS AS "BOTTLE CLUBS."

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Section 515 of Chapter 5 of Title 4 of the Delaware Code by adding thereto a new paragraph which shall read as follows:

"Establishments commonly known as 'bottle clubs' shall be an exception to the definition of clubs set forth'in Section 101 (6) of this Chapter. A 'bottle club' shall be defined as an establishment operated for profit or pecuniary gain where persons enter upon the premises for the purpose of consuming alcoholic liquors which are brought onto the premises by customers of the establishment and are consumed therein and removed by such persons upon their departure. Excluded from this definition are restaurants which serve meals a minimum of eight hours per day, five days per week between the hours of eight a.m. and twelve o'clock midnight."

Section 2. Chapter 5, Title 4, Delaware Code, is amended by adding immediately after Section 515, the following new Section 515a:

"§515a. Licenses for establishments commonlknown as 'bottle clubs'.

(a) Except as provided in this section, it shall be unlawful to operate for profit or pecuniary gain a "bottle club".

(b) The Commission may, upon application, grant a license to the owner, lessor or person in charge of the premises to operate a 'bottle club' in accordance with this chapter.

(c) A 'bottle club' license authorized by this section shall be granted only to persons doing business in an establishment meeting the standards of a restaurant as defined by this Title. Such license shall permit the establishment to operate as a 'bottle club' on every day of the week and on holidays except between the hours of 2:00 A.M. and 9:00 A.M."

Section 3. Section 902, Title 4, Delaware Code, is amended by inserting immediately after subsection (7) the following new subsection (8):

"(8) Not being the holder of a license authorized by §515a, operates or maintains an establishment commonly known as a 'bottle club'."

Section 4. Amend Section 554, Title 4, Delaware Code, by adding thereto a new Subsection (aa) which shall read as follows:

"(aa) For a license as a 'bottle club' authorized by §515a of this title, the fee shall be ;75."

Approved April 30, 1982.