CHAPTER 393

FORMERLY

HOUSE BILL NO. 329

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS AND OFF-SITE CATERERS.

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 of the Delaware Code by adding thereto a new subsection to read:

"(43) 'Off-site caterer' means any proprietorship, partnership, or corporation engaged in the business of providing food and beverages at social gatherings, such as weddings, dinners, benefits, banquets, or other similar events, that are held off the site of the caterer's business, for consideration, and on a regular basis. An off-site caterer must be duly licensed by the State under Title 30 of the Delaware Code as a caterer, with at least 60% of its gross receipts resulting from the sale of food.".

Section 2. Amend §512(g), Title 4 of the Delaware Code by designating the present text of subsection (g) paragraph (1) and by adding a new paragraph (2) to read:

"(2) An off-site caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep, transport, and sell such alcoholic liquors either by the glass or by the bottle for consumption on any portion of off-site premises approved by the Commissioner for that purpose. Transporting of alcoholic liquors by an off-site caterer must be done in accordance with the Commissioner's rules.".

Section 3. Amend §554, Title 4 of the Delaware Code by adding thereto a new subsection to read:

"(ll) For a license to sell alcoholic liquor as an off-site caterer, the biennial license fee shall be $200, which entitles the licensee to cater up to 8 off-site catering events during the licensing period. The Commissioner shall charge a fee of $25.00 to an off-site caterer for each catering event in excess of 8 during the licensing period.".

Section 4. Amend §701, Title 4 of the Delaware Code by adding thereto a new subsection to read:

"(d) The Commissioner may permit an off-site caterer to transport alcoholic liquor in accordance with the Commissioner's rules.".

Approved July 09, 2002