CHAPTER 109

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 183

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS; AND PROVIDING FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS WHICH ARE NO LONGER APPLICABLE TO THE REGULATION OF ALCOHOLIC LIQUORS.

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

Section 1. Amend §101, Chapter 1, Title 4, Delaware Code, by striking the designation 1713" as the same appears in subsection (6) thereof and substituting in lieu thereof the designation "§708".

Section 2. Amend §304, Chapter 3, Title 4, Delaware Code, by striking subsections (a)(3) and (a)(4) thereof and renumbering the following subsections of (a) accordingly.

Section 3. Amend new subsection §304(a)(9), Chapter 3, Title 4, Delaware Code, by substituting a period (.) for the comma (,) appearing therein and striking the remainder of said subsection.

Section 4. Amend §305, Chapter 3, Title 4, Delaware Code, by striking the phrase ", in which his or her duties are concerned with the selection, ordering, sale, preparation for sale, handling or transportation of alcoholic liquor," as it appears therein.

Section 5. Amend Chapter 3, Title 4, Delaware Code, by striking §310, §315 and §316 thereof In their entirety and renumbering the remaining sections accordingly.

Section 6. Amend §502(b), Chapter 5, Title 4, Delaware Code, by striking the figure "20" as It appears therein and substituting In lieu thereof the figure "21".

Section 7. Amend §508, Chapter 5, Title 4, Delaware Code, by striking the words "Affirmation and" as they appear In the section heading thereof and striking subsections (a), (b), (c), (d), (e), (f) and (g) in their entirety and substituting new subsections (a) and (b) to read as follows:

"(a) All manufacturers and distilleries offering for sale in the State alcoholic liquors other than beer or wine, shall file by January 15 of each year or within 30 days of the first time they become licensed in the State to sell such alcoholic liquors, a verified schedule, In writing, in the number of copies and on the form required by the Commission, which schedule shall contain the following information as to each Item they are offering for sale at that time, In the State, by brand or trade name:

(1) The capacity of each package thereof so offered for sale;

(2) The nature of the contents thereof;

(3) The age and proof thereof where stated on the container label;

(4) The number of bottles thereof contained In a case of such items;

(5) The bottle and case price to the Delaware wholesaler or importer, which prices In each such instance shall be individual for each item and not In combination with any other Item; and

(6) The discount given for quantity or time of payment, if any.

Any such schedule need not contain any such information as to any brand which Is owned exclusively by a retailer and sold at retail in Delaware exclusively by such a retailer.

(b) Such schedule of prices or price of individual Item need not be filed at any time other than provided for in subsection (a) of this section and need not be updated any time a manufacturer or distillery changes such prices between such required filing times."

Section 8. Amend §512(a), Chapter 5, Title 4, Delaware Code, by inserting after the words may apply" and before the words for a license" as they appear in the first sentence thereof the words to the Commission" and by striking the words from the Commission but not otherwise, or to purchase beer from the Commission or through the Commission, as provided in §702 of this title," as they appear therein and substituting in lieu thereof the words or to purchase beer".

Section 9. Amend §512(b), Chapter 5, Title 4, Delaware Code, by inserting after the words may apply" and before the words for a license" as they appear in the first sentence thereof the words to the Commission", and by striking the words "from the Commission, or through the Commission as provided In §702 of this title," as they appear therein, and by striking the figure "714" as It appears therein and substituting in lieu thereof the figure "70g".

Section 10. Amend §512(c), §512(f), and §512(g), Chapter 5, Title 4, Delaware Code, by inserting after the words may apply" and before the words "for a license" as they appear therein the words "to the Commission" and striking the words from the Commission or through the Commission, as provided in §702 of this title," as they appear in §512(g).

Section 11. Amend §513 by inserting after the words may apply" and before the words for a license" wherever they appear therein the words to the Commission" and by striking the words from the Commission or through the Commission, as provided in §702 of this title" wherever they appear in said section.

Section 12. Amend §515, Chapter 5, Title 4, Delaware Code, by inserting after the words may apply" and before the words for a license" the words "to the Commission" and by striking the words "from the Commission or through the Commission, as provided in §702 of this title, but not otherwise," as they appear therein.

Section 13. Amend §516, Chapter 5, Title 4, Delaware Code, by inserting after the words may apply" and before the words for a license" as they appear in subsections (a) and (b) thereof the words "to the Commission" and striking the words from the Commission or through the Commission, as provided In §702 of this title, but not otherwise," as they appear In subsection (a) thereof and the words from or through the Commission, as provided In §702 of this title," as they appear in subsection (b) thereof.

Section 14. Amend §522(b), Chapter 5, Title 4, Delaware Code, by striking the figure "20" wherever it appears therein and substituting in lieu thereof the figure "21".

Section 15. Amend §543, Chapter 5, Title 4, Delaware Code, by striking subsection (g) thereof in its entirety.

Section 16. Amend §554(I)(1) and §554(1)(2), Chapter 5, Title 4, Delaware Code, by striking the subsection reference "§714(e)" as it appears therein and substituting in lieu thereof the subsection reference "709(e)".

Section 17. Amend §561, Chapter 5, Title 4, Delaware Code, by striking the figure "713" as It appears therein and substituting the figure "708".

Section 18. Amend §701, Chapter 7, Title 4, Delaware Code, by striking the words "made by the Commission," as they appear therein and substituting In lieu thereof the word "by".

Section 19. Amend Chapter 7, Title 4, Delaware Code, by striking §702, §703, §704, §705, and §706 thereof and renumbering the remaining sections accordingly.

Section 20. Amend new §703 by striking the words "other than to the Commission," thereof.

Section 21. Amend new §709, Chapter 7, Title 4, Delaware Code, by striking the words "Good Friday" as they appear In subsection (e) thereof.

Section 22. Amend new §714, Chapter 7, Title 4, Delaware Code, by striking subsection (1) in its entirety and renumbering the remaining subsections accordingly.

Section 23. Amend new §715, Chapter 7, Title 4, Delaware Code, by striking subsection (1) in its entirety and renumbering the remaining subsections accordingly.

Section 24. Amend new §716, Chapter 7, Title 4, Delaware Code, by striking subsection (5) thereof in its entirety and renumbering subsection (6) as subsection (5).

Section 25. Amend new §717, Chapter 7, Title 4, Delaware Code, by striking said subsection in Its entirety and substituting In lieu thereof the following new §717 to read as follows:

§717. Transportation of Alcohol.

No person shall transport alcohol in the State, except where it is expressly permitted by the Commission to transport such alcohol."

Section 26. Amend new §722, Chapter 7, Title 4, Delaware Code, by striking subsection (c) thereof in Its entirety.

Section 27. Amend §901(3), Chapter 9, Title 4, Delaware Code, by striking the phrase ", otherwise than by purchasing alcoholic liquor In the manner mentioned in §307(b) of this title" In Its entirety.

Section 28. Amend §902, Chapter 9, Title 4, Delaware Code, by striking the figure "729" as it appears In subsection (4) thereof and substituting in lieu thereof the figure "725" and by striking subsection (7) in its entirety.

Section 29. Amend §903, Chapter 9, Title 4, Delaware Code, by striking the figure "711" as It appears in subsection (4) thereof and substituting in lieu thereof the figure "706" and by striking the figure "713" as it appears in subsection (6) thereof and substituting in lieu thereof the figure "708", and by striking the figure "714" as it appears in subsection (5) thereof and substituting in lieu thereof the number "709".

Section 30. Amend §906(a), Chapter 9, Title 4, Delaware Code, by striking the figure "723" as It appears therein and substituting in lieu thereof the figure "718".

Section 31. Amend §1101, Chapter 11, Title 4, Delaware Code, by striking the figure "721" as It appears therein and substituting in lieu thereof the figure "716" and by striking the figure "723" as it appears therein and substituting the figure "718" therefore.

Approved July 12, 1989.