CHAPTER 244

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 294

AS AMENDED BY HOUSE AMENDMENT NO. 1

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

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 § 101, Title 4, Delaware Code by adding a new subsection (26) to read as follows and renumbering all subsequent sections:

"(26) 'Motorsports speedway' shall mean a motorsports speedway (including any contiguous land when being used in connection with its events) that is owned, leased, under easement and/or operated by any Person and having a seating capacity of at least 75,000 seats. A motorsports speedway may operate under its own license while using the premises of a license holder at a horse racetrack, but only to the extent that neither license holder uses the same portion of the premises at the same time and no commingling of inventory occurs. The converse of this shall also apply to a license holder at a horse racetrack using the premises of a motorsports speedway."

Section 2. Amend § 512, Title 4, Delaware Code by adding ", motorsports speedways" after "restaurants" in the Title thereof.

Section 3. Amend § 512(a), Title 4, Delaware Code by adding "motorsports speedway," after "restaurant".

Section 4. Amend § 512(b), Title 4, Delaware Code by adding "restaurants," before "dining rooms", replacing "suites leased by patrons in the multi-purpose sports facility" with "suites owned, leased or operated by the license holder,", and adding "bars or" before "counters".

Section 5. Amend § 512(d), Title 4, Delaware Code by adding "motorsports speedway," after "restaurant".

Section 6. Amend § 512(h), Title 4, Delaware Code by replacing "horse racetracks" with "motorsports speedways".

Section 7. Amend § 513(b), Title 4, Delaware Code by adding "restaurants, dining rooms, suites owned, leased or operated by the license holder,", after "individual containers, at".

Section 8. Amend § 513(c), Title 4, Delaware Code by adding "restaurants, dining rooms, suites leased by patrons," after "for consumption on the premises, at".

Section 9. Amend § 554, Title 4, Delaware Code by adding a new subsection (ll) to read as follows:

"(ll) For a license to sell beer at a motorsports speedway, the license fee shall be $1,000 and for a license to sell wine and spirits, the license fee shall be $500."

Section 10. Amend §709(c), Title 4, Delaware Code by adding the phrase "motorsports speedway," after the word "racetrack" on each of the three occasions it appears therein.

Section 11. Amend §511, Title 4 of the Delaware Code by adding a new Subsection (c) to read as follows:

"(c) If a person applies for a license as a motorsports speedway under §512(a) of this Title, in lieu of compliance with the procedural notice and protest requirements of §524 and §541 of this Title, the Commissioner shall, on the date the application is filed, schedule a hearing to consider the application to be held at least twenty (20) days after the application filing date and notify applicant of the hearing date. Within 3 days thereof, the applicant shall:

(1) mail a notice by certified mail, return receipt requested, to all property owners within 1,000 feet from any point on the boundary line of the premises to which the license shall apply; and

(2) cause to be advertised a notice in at least 2 different newspapers for 3 issues circulated in the community in which the applicant will operate.

The said notices of the time and location of the hearing shall be approved by the Commissioner prior to distribution."

Approved April 24, 2002