HOUSE BILL NO. 302
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 5, TITLE 4, OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Subchapter II, Chapter 5, Title 4 of the Delaware Code by adding a new section designated as §512A which shall read as follows:
(a) Subject to the provisions, restrictions and prohibitions of this Title, the Commission may grant a brewery-pub license to each qualified applicant therefor. No person shall own or operate a brewery-pub unless licensed to do so by the Commission. For purposes of this section, a brewery-pub shall be an establishment in which beer is manufactured on the premises of the licensed establishment, limited to restaurants owned or leased by the brewery-pub applicant; and where beer is manufactured in the establishment, and is sold for on-premises consumption, in conjunction with the service of complete meals for consideration.
(b) The following conditions and restrictions shall apply to the holder of each brewery-pub license;
It must be situated on the premises of, or be physically a part of a restaurant;
It may brew, bottle, and sell only beer at a single licensed establishment;
It shall brew not more than two thousand (2,000) barrels of beer in any calendar year;
It may sell solely for on-premises consumption all beer manufactured in the licensed establishment;
It shall be prohibited from owning or operating, or being affiliated with any other manufacturer, importer, or supplier of alcoholic liquor either in or without this State.
(c) It shall be unlawful for a person to operate a brewery-pub if:
The restaurant portion of the licensed establishment fails to offer complete meals for consideration to patrons or fails to operate as a bona fide restaurant as defined by Commission Rules or this Title.
The license is denied, cancelled, suspended, or revoked for any of the grounds contained in §543 or §561 of this Title;
The business is transferred to a different location;
(d) This Section shall not prohibit the granting of a restaurant license to sell alcoholic liquors, for on-premises consumption, as provided in §512 of this Title.
(e) The Commission may make and publish such rules and regulations with respect to the assessment and payment of the tax on beer, as contained in §581 of this Tftle, as it deems proper, and all such rules and regulations that are not inconsistent with the provisions of this Title shall have the force and effect of law."
Section 2. Amend §554, Subchapter IV, Chapter 5, Title 4 of the Delaware Code by adding thereto a new subsection, designated as subsection (ff), which new subsection shall read as follows:
"(ff) For a brewery—pub license, the fee shall be $1,000."
Approved February 11, 1992.