Of the Revenues of the State.
AN ACT IN RELATION TO THE LICENSING OF GRAIN AND FRUIT DISTILLERIES AND TO THE SALE AND REMOVAL OF THE PRODUCE THEREOF, AND PRESCRIBING PENALTIES.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section I. That from and after the passage of this Act any person of full age and good moral character desiring a license to operate a distillery of spirituous or alcoholic liquors from grain, fruit or fruit juices in any district in this State in which licenses are issued for the manufacture and sale of intoxicating liquors may be licensed to do so when the following conditions have been strictly complied with: I. He shall make application therefor in writing and file the same with the Clerk of the Peace of the proper county at least thirty days before the then next session of the Court of General Sessions, clearly stating that he is a person of full age, that he is desirous of operating a distillery in some place to be particularly designated, in the School district or ward, if in the City of Wilmington, that he the owner or tenant of the premises to be used for a distillery, and the yearly rental value thereof.
2 He shall publish his intentions to make such application for at least three times in two newspapers of his county, the last of which publications shall be at least ten days before the sitting of the Court at which the same is to be presented. This notice shall clearly set forth the name of the applicant and the location of the proposed distillery, the time that the application will be made and the names of the freeholders recommending the same.
3. At the same time he shall also file with the said Clerk of the Peace a certificate of twelve substantial freeholders of the School district in which he proposes to operate such distillery and twenty-four substantial freeholders of the ward, if in the City of Wilmington, which certificate shall clearly state that the applicant is a person of full age, that he is a man of sobriety and good moral character, that the applicant is the owner or the tenant of the premises on which he proposes to operate said distillery and the true rental value thereof. This certificate and recommendation shall be signed with the proper signatures and in the proper handwriting of such freeholders and if any cannot write he may sign by a mark which shall be duly attested by a witness subscribing.
4. The said applicant shall appear in open Court at the time his application is presented, and make oath in due form that the statements made in his application are true, that he has made publication according to law, that his certificate and recommendation was read to or by each of the signers thereof, that the signatures are in the proper and genuine handwriting of each, and if any have signed by a mark he shall so state and also that he could not write.
5. At the same time he files his application lie shall also pay to the Clerk of the Peace the full fee and price for said license and also one dollar and fifty cents fee to the clerk.
Section 2. That the Clerk of the Peace of the County in which the applicant for license aforesaid proposes to operate a distillery, shall read before the Court of General Sessions the application for the license aforesaid, together with the certificate and recommendation accompanying the same filed in his office, on the first day of said court next succeeding the date of such application.
Section 3. That the Court may or may not at their discretion approve of any such application and in order to satisfy themselves fully in regard to the propriety of approving the same may receive remonstrances and hear evidence or arguments for and against the same under such rules as said Court may deem proper, and it may establish general rules for that purpose. If any application shall be approved as herein provided the court shall endorse the word "Approved" thereon and sign the same with the date of such approval. If not approved the said Court shall endorse thereon the words "Not approved" and sign the same. It shall be the duty of the Clerk of the Peace immediately after any such license has been approved to issue a proper license to said applicant for the term one year of one year from the date so approved in the same manner as is now done in the case of licenses for an Inn or Tavern.
Section 4. The price of a license to operate a distillery from grain, fruits or fruit juices of spirituous or alcoholic liquors shall be $500.00, which shall be paid to the Clerk of the Peace who shall receipt- therefor and shall then pay the moneys so received to the State Treasurer for the use of the State.
Section 5. it shall be unlawful for any person licensed to operate a distillery of spirituous or alcoholic liquors from grain, fruit or fruit juices to sell his products in quantities less than five gallons and which shall not be opened or drunk on the premises, nor on any other premises under the control of the said distiller; provided, however, that this section is not construed to prevent the selling in an unbroken and unopened single package of five gallons of said spirituous or alcoholic liquors which may contain bottles or vessels of a less quantity than five gallons, provided further, that the packages shall not contain any bottle or vessel containing a less quantity than one quart.
Section 6. Any violation of any of the provisions of this Act shall be a misdemeanor and upon the conviction thereof the offender shall pay a fine of one hundred dollars and costs of prosecution and shall also be imprisoned for a term of not less than one month nor more than six months and shall forfeit his license.
Section 7. All Acts or parts of Acts inconsistent herewith are hereby repealed.
Approved April 7, A. D. 1909.