CHAPTER 397

FORMERLY

HOUSE BILL NO. 451

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, TITLE 4 OF THE DELAWARE CODE REDEFINING THE WORD "RFSTAUR ANT".

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

Section 1. Amend §101, Chapter 1, Title 4 of the Delaware Code by striking subsection (28) and inserting in lieu thereof the following:

"(28) 'Restaurant' means any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration, and which has seating at tables for 35 or more persons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of 'meals'."

Section 2. This Act shall be effective on October 1, 1982; provided, however, the Alcoholic Beverage Control Commission may grant variances respecting seating capacity at tables, which said variances shall terminate not later than October 1, 1983.

Approved July 21, 1982.