CHAPTER 210

FORMERLY

HOUSE BILL NO. 207

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

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

Section 1. Amend Chapter 1, Section 101, Subsection (30), Title 4 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof the following:

"(30) 'Restaurant' means any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration, and which has seating at tables for 35 or more persons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook."

Section 2. Amend Chapter 5, Section 512, Title 4 of the Delaware Code, by adding a new subsection (h), as follows:

"(h) An establishment licensed as a restaurant shall not be required to use the word 'restaurant' in its tradename, menus, advertisements or signage unless the Commission specifically finds that the public may be confused as to its status as a restaurant."

Section 3. This Act shall become effective immediately upon its enactment, and shall apply to all establishments already licensed as restaurants by the Delaware Alcoholic Beverage Control Commission as well as all establishments licensed as restaurants by the Delaware Alcoholic Beverage Control Commission in the future.

Approved July 17, 1997