HOUSE BILL NO. 86
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTERS 1, 5 AND 7 OF TITLE 4 OF THE DELAWARE CODE REGARDING A LICENSE FOR A MULTI-PURPOSE SPORTS FACILITY.
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 101 of Chapter 1, Title 4 of the Delaware Code by redesignating Sections 101(25) through (39) as Section 101(26) through (40) and inserting a new Section 101(25) as follows:
"(25) 'Multi-purpose sports facility' shall mean a stadium owned and/or operated by the State of Delaware featuring minor league baseball games where admission fees are charged to the public and having a seating capacity of at least four thousand (4,000) seats and excludes stadia which are operated and maintained by educational institutions, including by not limited to high schools, colleges or universities."
Section 2. Amend Section 512, Chapter 5, Title 4 of the Delaware Code by striking the heading in Section 512 and subsection 512(b) in its entirety and inserting in lieu thereof the following:
"Section 512. Licenses for taprooms, hotels, restaurants or clubs,
.food concessionaires at horse racetracks, multi-purpose sports facilities, dinner theater performances, bowling alleys, caterers, removal of partially consumed bottles from premises."
"(b) A food concessionaire dispensing food at a horse racetrack or multi-purpose sports facility may apply to the commission for a license to purchase spirits and wine from an importer, and to receive, keep and sell such spirits and wine to patrons in dining rooms, suites leased by patrons in the multi-purpose sports facility or at counters (except at multi-purpose sports facilities) for consumption on the premises as authorized by the Commission, subject, however, to such rules and regulations as may be promulgated by the Delaware Alcoholic Beverage Control Commission. The license issued to a food concessionaire dispensing food at a horse racetrack or multi-purpose sports facility pursuant to this Section and Section 513 of this Title, shall continue to be valid whether or not a race meet or minor league baseball game are in progress and such licenses shall be entitled to all of the rights and privileges granted to a restaurant licensee together with the rights and privileges authorized by a license issued pursuant to Section 709 of this Title upon payment of the license fee set forth in Section 709."
Section 3. Amend Section 513, Chapter 5, Title 4, Delaware Code by
striking the heading in Section 513 in its entirety and designating the existing two paragraphs of Section 513 as Section 513(a) and (b) respectively and adding an new heading and subsection (c) which shall read as follows:
"Section 513 - Sale of beer for consumption on premises of tavern, horse racetrack or multi-purpose sports facility."
"(c) Any person in charge of dispensing food at a multi-purpose sports facility may apply to the Commission for a license to purchase and to receive, keep and sell beer only, for consumption on the premises, at bars, counters, or similar contrivances or through individual vendors employed by the licensee. The holder of such a license may sell beer only under the following circumstances:
(1) In plastic, styrofoam, or paper containers on the multi-purpose sports facility premises; and For consumption on the licensed premises."
Section 4. Amend Section 554, Chapter 5, Title 4, Delaware Code by adding new subsection (hh) and (ii) which shall read as follows:
"(hh) For a license to sell beer only at a multi-purpose sports facility, the biennial fee shall be $1,000.00.
(ii) For a license to sell wine and spirits at a multi-purpose sports facility, the biennial fee shall be $1,000.00."
Section 5. Amend Section 709(d), Chapter 7, Title 4, Delaware Code by striking Section 709(d) in its entirety and substituting new section 709(d) as follows:
"(d) No holder of a license for the sale of alcoholic liquor in a hotel, restaurant, club, tavern, taproom, horse racetrack, multi-purpose sports facility, dining room of a boat, passenger cars of a railroad or caterer shall sell the same between the hours of 1:00 a.m. and 9:00 a.m. The closing hour may be made earlier in any municipality by ordinance of the municipal corporation. The sale of alcoholic liquors shall be permitted in a licensed hotel, restaurant, club, horse racetrack, multi-purpose sports facility, dining room of a boat, passenger cars of a railroad or caterer on every day of the year; provided that no such licensee shall be required to be open to sell alcoholic liquors on any of the holidays specified in subsection (e) of this Section. Any holder of a license to sell alcoholic liquor in a licensed hotel, restaurant, horse race track, multi-purpose sports facility, dining room of a boat, passenger car of a railroad or caterer who wishes to sell alcoholic liquors on Sundays shall pay a fee of $200.00 for the issuance of a special license to serve alcoholic liquors on Sundays, which shall be in addition to any other license fees which may be required of the licensee. The sale of alcoholic liquors shall be permitted in a licensed tavern or taproom on every day of the year except the holidays specified in subsection (e) of this Section, on which days said licensee shall not be permitted to sell alcoholic liquors."
Approved April 6, 1993.