CHAPTER 157

FORMERLY

HOUSE BILL NO. 130

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2 AND 3

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE DETERMINATION OF APPLICATIONS FOR LICENSES.

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

Section 1. Amend § 543(b)(11), Title 4, of the Delaware Code by adding the following to the end of said subsection:

“For the purposes of this subsection, the term ‘substantial objection’ shall include:

a. any objection, or group of objections, presented to the Commission either individually or as a group, by persons who reside within the election district where the license is to operate and all contiguous election districts, sufficient to give the Commission reason to believe that a majority of the residents of the community within which the license is to operate oppose the issuance of the license; or

b. any objection, or group of objections, presented to the Commission either individually or as a group, the content of which gives the Commission reason to believe the quality of life of the community within which the license is to operate will be adversely affected by the granting of the license.

Section 2. Within 90 days of enactment of this Act, the Commission shall prepare written examples of facts and/or circumstances that would support a conclusion that an objection constitutes a ‘substantial objection’ under each of the definitions of the term, for use in determining whether or not to grant a license.

Section 3. Examples of situations where an objection should be considered a ‘substantial objection’ include but are not limited to the following:

Under § 543(11)a., when the objections before the Commission, or a preponderance of the evidence before the Commission, indicate that a majority of the residents of the community within which the license is to operate oppose the issuance of said license; or

Under § 543(11)b., when the objections before the Commission, or a preponderance of the evidence before the Commission, indicate that there is a history of illegal activity by patrons of licensed premises at the same location; or

Under § 543(11)b., when the objections before the Commission, or a preponderance of the evidence before the Commission, indicate that the applicant has repeatedly violated Commission rules, State law or local ordinances in the operation of other licensed establishments under the applicant’s direct or indirect control.

Approved July 16,1999