CHAPTER 340

FORMERLY

SENATE BILL NO. 390

AN ACT TO AMEND CHAPTER THREE, TITLE 4, OF THE DELAWARE CODE, RELATING TO THE ABILITY OF THE DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION'S AUTHORITY TO ENFORCE ITS SUBPOENAS IN THE SUPERIOR COURT.

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

Section 1. Amend 4 al. C., Section 304(13), by striking the semi-colon (";") at the end of the second sentence and substituting in lieu thereof a period (".").

Section 2. Amend 4 Del. C., Section 304(13), by adding the following at the end of the second sentence:

The Commission may enforce compliance with a subpoena issued pursuant to this subsection by filing a motion to compel in the Superior Court which shall have jurisdiction over the matter. The Court may award costs and attorney fees if it determines that non-compliance with a Commission subpoena was unjustified, intentional, or in bad faith;"

Approved July 8, 1994.