HOUSE BILL NO. 429
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 4, DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS, COMMISSIONER AUTHORITY, ENFORCEMENT AND FUNDING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend § 914, Chapter 9, Title 4, Delaware Code by striking the Section in its entirety and substituting in lieu thereof the following:
“§ 914. Authority to suspend licenses and/or impose fines.
Whenever the Commissioner has found a licensee to be guilty of a violation of the rules of the Commissioner or the Delaware Liquor Control Act, in addition to the power and authority granted to the Commissioner by this Title, the Commissioner shall have the power and authority to suspend a license and/or to impose a fine on the licensee and to require the licensee to pay a fine with regard to such violation. Prior to a license suspension and/or the imposition of any fine, the Commissioner may cause such investigation to be made as he or she deems desirable and the suspension and/or fine shall only be imposed and required to be paid if the Commissioner is satisfied: (1) that the public welfare and morals would not be impaired by the suspension and/or imposition of the fine and that the payment of the sum of money will achieve the desired disciplinary purposes; and (2) that the books and records of the licensee are kept in such a manner that the average monthly gross sales of alcoholic beverages can be determined with reasonable accuracy therefrom. Any fine imposed by the Commissioner, pursuant to this Section, shall not exceed 10% of the estimated average gross monthly sales of alcoholic liquor for the operations of the licensee within the twelve (12) months immediately preceding the date of the finding of guilt provided that such amount exceeds $250. In no case shall the fine imposed by the Commissioner upon a finding of guilt be less than $250. Each licensee shall maintain financial records that clearly demonstrate the licensee’s estimated average gross monthly sale of alcoholic liquor for the operations of the business within the twelve (12) months immediately preceding the date of the licensee’s hearing before the Commissioner and, upon a finding of guilt, shall submit such documentation to the Commissioner.”.
Section 2. Amend § 561(b), Chapter 5, Title 4, Delaware Code by adding the word “and” after the phrase “The Commissioner may suspend any license” and before the words “or fine” as they appear at the beginning of the subsection.
Section 3. All funds collected as fines pursuant to this Title shall be exclusively dedicated to fund enforcement efforts of the Division of Alcohol and Tobacco Enforcement of the Delaware Department of Public Safety and Homeland Security.
Approved July 10, 2006