CHAPTER 602

FORMERLY

SENATE BILL NO. 115

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 4 OF TI-IE DELAWARE CODE RELATING TO THE APPLICABILITY OF THE DELAWARE RESPONSIBLE ALCOHOLIC BEVERAGE SERVER TRAINING PROGRAM.

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

Section 1. Amend §I203(c), Title 4 of the Delaware Code by striking said subsection in its entirety and by substituting in lieu thereof a new § 1203(c) to read as follows:

"(c) Effective January 1, 1997, every person who holds any valid license issued by Alcoholic Beverage Control Commission pursuant to this title which authorizes the sale of alcoholic beverages for off-premises consumption shall, upon request, be required to demonstrate that any employees who. as part of their employment responsibilities, sell, serve or otherwise deliver alcoholic beverages directly to patrons of the licensed establishment for off-premises consumption. or who manage employees who do, have successfully completed a responsible alcoholic beverage server training program recognized and approved by the Commission in accordance with the provisions of this chapter. Each licensee who participates directly in the management of the licensed establishment shall also be required to successfully complete a responsible alcoholic beverage server training program recognized and approved by the Commission."

Section 2. Amend § 1203(d), Title 4 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new §1203(d) to read as follows:

"(d) Following January 1, 1997, every person who makes application for any license or renewal of any valid license issued by the Alcoholic Beverage Control Commission pursuant to this title, which authorizes the sale of alcoholic beverages for off-premises consumption shall. as part of the application process, certify to the Commission that any employees who, as part of their employment responsibilities, sell, serve or otherwise deliver alcoholic beverages directly to patrons of the license establishment for off-premises consumption, or who manage employees who do, have successfully completed a responsible alcoholic beverage server training program recognized and approved by the Commission in accordance with the provisions of this chapter Each applicant who intends to participate directly in the management of the licensed establishment shall also he required to complete a responsible alcoholic beverage server training program recognized and approved by the Commission.".

Section 3. Amend §1203, Title 4 of the Delaware Code by adding a new subsection (e) to read as follows:

"(e) The provisions of subsections (a) through (d) of this section shall not apply to licenses issued pursuant to §§514 and 525 of this title.".

Section 4. Amend § 1202, Chapter 12, Title 4 of the Delaware Code by adding a no), subsection (c) to read as follows:

"(c) For the purposes of § 1203 (a) and (e) of this title, the term 'employees' means persons who have been employed by the holder of a license for at least thirty (30) days and who work in a licensed establishment at least ten (10) hours a week."

Section 5. Amend § 1202, Chapter 12, Title 4 of the Delaware Code by adding a new subsection (d) to read as follows:

"(d) The Commission may grant new licenses or renew valid licenses conditional upon the certification required § 1203 (b) and (d) of this title being made to the Commission within thirty (30) days of the granting or renewal of such license. "

Section 6. Amend § 1201(5), Chapter 12, Title 4 of the Delaware Code by deleting the words "for on-premises consumption" therefrom.

Approved August 7, 1996