GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS.
AN ACT to Prohibit the Liquor Traffic in the State of Delaware and to Provide for the Enforcement of such Prohibition.
Be it enacted in, the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. This entire Act shall be deemed to be an exercise of the power granted by Article 18 of the Constitution of the United States and the police power of the State for the protection of the public welfare, health, peace, safety and morals of the people of the State, and all of its provisions shall be liberally construed for the accomplishment of these purposes.
Section 2. The word, "liquor" or the phrase, "Intoxicating liquors," wherever used in this Act, shall be construed to include any distilled, malt, spirituous, vinous, fermented or alcoholic liquor and all alcoholic liquids containing so much as one-half of one per centum of alcohol by volume, and compounds whether proprietary, patented or not, which are potable or capable of being used as a beverage.
Section 3. It shall be unlawful for ally person, directly or indirectly, himself, or by his clerk, agent or employee, to manufacture, sell, barter, or furnish any intoxicating liquors within the limits of the State of Delaware on or after the time that the eighteenth amendment to the Constitution of the United States of America shall become Valid and effective as a part of the said Constitution, and shall continue in force and effect so long as the said eighteenth amendment shall be valid and effective as a part of the. Constitution of the United States of America and no longer, except as herein provided.
Section 4. Whoever has in his possession alcohol for medicinal purposes, shall have, pasted or permanently attached to the container, a true copy of the prescription upon which such alcohol was purchased. Any person having in his possession alcohol for mechanical, scientific, industrial or other permitted purposes, shall have pasted or permanently attached to the container, a copy of the affidavit upon which authority it was purchased and received.
Section 5. In case of a sale-where a shipment or delivery of such intoxicating liquor is made by a common or other carrier, the sale thereof shall be deemed to be made in the county or city wherein the delivery is made by such carrier to the consignee, his agent or employee. A prosecution for such sale may likewise be held in the county or city wherein the seller resides or from which the shipment is made or in any county or district through which the shipment is made.
Section 6. Nothing in this Act shall prevent a retail druggist, or pharmacist licensed by the State Board of Pharmacy from possessing or selling pure grain or ethyl alcohol for medicinal, scientific, mechanical or industrial purposes, or wine for sacramental purposes as provided herein; nor to prevent a wholesale druggist from selling pure grain or ethyl alcohol to a retail druggist or pharmacist, or in wholesale quantities to manufacturers, superintendents of hospitals, state institutions, colleges and in as provided herein for purposes not herein prohibited.
Section 7. A retail or wholesale druggist shall not sell any intoxicating liquor, except pure grain or ethyl alcohol and wine for sacramental purposes solely and then only after he shall first have secured a permit from the officer as herein provided; nor shall such retail druggist sell alcohol for medicinal purposes, except on a doctor's prescription; nor shall such druggist sell ethyl alcohol for scientific, mechanical, or industrial purposes, except on affidavit of the purchaser as herein provided.
Section 8. Every registered pharmacist, Or druggist who has a permit, as hereinafter provided, may by himself, or his clerk, if he is a registered pharmacist and has a permit as hereinafter provided, sell pure grain or ethyl alcohol as herein provided, or wine for sacramental purposes, in the following cases:
(a) Alcohol upon the written prescription of a reputable physician who is lawfully and regularly engaged in the practice of his profession where the sale is made and as herein provided.
(b) Alcohol for chemical, mechanical and scientific purposes on the affidavit of the Superintendent of any hospital, medical laboratory, manufactory, or educational institution where such alcohol is needed and used only for medicinal, mechanical, industrial, chemical, or scientific purposes.
(c) Alcohol to any dentist who is lawfully and regularly engaged in the practice of his profession upon the affidavit of such dentist personally presented.
(d) Wine for sacramental purposes to any clergyman having charge of a church or upon the written, signed and dated statement of such clergyman or recognized officer of such church presented personaIIy.
(e) Alcohol for industrial, art, scientific, mechanical or pharmaceutical purposes, upon the affidavit of the purchaser as herein provided.
Section 9. Any druggist before selling such alcohol, shall file his application for a permit: with the Attorney General of this State. Such application shall be signed by applicant under oath, and shall be substantially as follows:
That the applicant is a regular registered pharmacist, qualified under the laws of this State. That he has been in the business of a druggist for __________ last past.
If such applicant has not been in the business heretofore he shall set forth his qualifications as he deems best.
That he has not been convicted of violating any of the laws of the State relating to the sale of intoxicating liquors.
That he is of good moral character and in good standing as a pharmacist and will conduct his place of business in conformity with the law.
That he will not keep pure grain or ethyl alcohol in such place of business in any amount that represents more than (3) per cent of the value of the stock of goods on hand in the drug store.
That he is of temperate habits, and not addicted to the use of intoxicating liquors or drugs.
That he will not sell any alcohol to a person who is in the habit of using intoxicating liquors as a beverage.
That he will keep a true record of all receipts, sales and purchases of alcohol or liquor used and sold, and report the same as required by law.
Section 10. The Attorney General may issue a permit to a wholesale druggist to sell ethyl alcohol or wine, to retail druggists for purposes not prohibited herein (who have a permit to sell such liquors) and to manufacturers of preparations, hospital laboratories, and state institutions. Such wholesale druggists must qualify in all respects the same as a retail druggist, except that he may not be a registered pharmacist, or employ such pharmacist for selling such liquors at retail.
Section 11. Every druggist shall, on or before the first day of January in each year, or before he shall sell any of the liquors mentioned in this Act under any circumstances, execute and file with the Attorney General a bond, the sufficiency of which shall be determined by the Attorney General, to the State of Delaware in the sum of five hundred dollars ($500) with sufficient sureties, which bond shall be substantially as follows:
Know all men by these presents: That we _________ as principal, and __________ and ___________ as sureties are held and firmly bound unto the people of the State of Delaware in the sum of five hundred dollars ($500) and to the payment whereof well and truly to be made we bind ourselves, our heirs, assigns, executors and administrators firmly by these presents.
Whereas, the said principal has covenanted and agreed, and does hereby covenant and agree as follows: that he will not directly or indirectly, by himself, his clerk, agent or servant, at any time, sell, furnish, give or deliver any intoxicating liquor or any mixed liquor a part of which is intoxicating, to any person whomsoever except alcohol for chemical, scientific, medicinal, mechanical, and wine for sacramental purposes only, and then only upon the conditions and under the restrictions provided in this Act, and the laws of this State regulating the sale of such liquors by druggists, nor to any minor except upon written prescription of a physician, nor to any person who is intoxicated, nor to any person who is in the habit of getting intoxicated, nor to any person forbidden in writing by the husband, wife, parent, child, or guardian of such person, and that he will pay all damages, actual and exemplary or punitive, that may be adjudged to any person for injuries inflicted upon him or them, either in person or property or means of support or otherwise, by means of his selling, furnishing, giving, or delivering any such liquor. Now the conditions of this obligation are such that if such principal shall well and truly keep and perform all and singular the foregoing covenants and agreements, and shall pay any judgment for actual and exemplary or punitive damages, which may be recovered against him in tiny court of competent jurisdiction, and all fines and costs that may be imposed upon him for violation of the laws of this State or the United States, then this obligation shall be void and of no effect, otherwise the same shall remain in full force and effect.
_______________ (L S.)
_______________ (L S.)
_______________ (L S.)
Signed, sealed in the presence of
Section 12. Each pharmacist shall keep a public record of all sales of liquors mentioned herein as follows:
Name of doctor issuing prescription. Kind of liquor. Sales on previous prescription on affidavit of such person for liquor within six months. Purchaser. Signature of purchaser. Prescription.
Affidavit of person receiving pure grain or ethyl alcohol:
State of Delaware
County of ________ SS.
Be it remembered that on this ________ day of ________ A. D. 19___, came
who being by me duly sworn according to law cloth depose and say that he is more than 21 years of age and not of intemperate habits, and has not been convicted of violating any law relating to the sale or possession of intoxicating liquor within ________ years.
That he needs __________ amount of alcohol for ___________ purposes and will not use any part of said alcohol for any other purpose or allow others to so use it. That he has not received or possessed any alcohol within the last thirty days except __________ and he has no alcohol in his possession or control except ___________
Sworn to and subscribed before me the day and year aforesaid.
Any druggist may administer the oath provided herein and the affidavit must be permanently attached, or pasted in at the end of the record of each sale. Every druggist shall affix to the container of such liquors a label bearing his name, place of business, the name of the person issuing prescription and the number of such prescription.
Section 13. The provisions of this Act shall not be construed to prevent the manufacture of cider for the purpose of making vinegar or non-intoxicating cider for sale containing not more than one-half of one per cent of alcohol by volume, or to prevent the sale, keeping and storing for sale by druggists, as herein provided, of pure grain or ethyl alcohol for mechanical, industrial, medicinal, and scientific purposes and wine for sacramental purposes. Nothing in this Act shall prevent the possession or sale of denatured alcohol or denatured rum intended for use only in the industrial or mechanical arts, or to prevent; the sale and keeping and storing for sale by druggists and general merchants or others duly licensed by existing laws of any medicinal preparations manufactured in accordance with formulas prescribed by the United State Pharmacopoeia and National Formulary, or to prevent the manufacture and sale of toilet, medicinal or antiseptic preparations and solutions and upon the outside of each bottle, oy box, or package of which is printed in English conspicuously and legibly and clearly the quantity by volume of alcohol in such preparations; or to prevent the manufacturing or keeping for sale of food products known as flavoring extracts.
Section 14. A physician who issues prescriptions for intoxicating liquors, as defined in this Act, must be in active practice, in good standing in his profession and not addicted to the use of intoxicating liquors or drugs. Such physician, before issuing any prescription must personally make a careful examination of the person for whom the alcohol is prescribed, and in no case issue such prescription to any person whom he has reason to believe will use such alcohol for beverage purposes. Any shift or device by which intoxicating liquors may be improperly prescribed, or for any violation of this Section, such physician shall be guilty of a misdemeanor.
Section 15. Any shift, or device whatever, to evade the provisions of this Act, shall be deemed unlawful within the provisions of this Act.
Section 16. It shall be unlawful to advertise, sell, deliver or possess any preparations, compounds or tablets, from which beer or intoxicating liquor is made for beverage use.
Section 17. It shall he unlawful for any person, firm, corporation to cause, or induce any railroad company, express company, or any other carrier, or any servant, agent or employee thereof, or any person or persons, to carry, transport, or ship any package, trunk or valise containing any liquors mentioned in this Act, or any other liquors, liquids or beverages prohibited by law, without notifying the carrier, his servant or agent, or any person who carries the same, of the true nature and character of the shipment, but failure to notify such carrier shall not be a defense for illegal transportation of such liquor.
Section 18. It shall be unlawful for any person to solicit, take or receive from any person for the purpose of forwarding for the person from whom received, any orders for intoxicating liquors from any person in this State or to give any information how such prohibited liquors may be received, or where such liquors are, or to send for such liquors, and any persons violating the provisions of this Section shall be deemed guilty of a misdemeanor.
Section 19. It shall be unlawful for any person to drink intoxicating liquors of any kind, in any street, alley or public place, or interurban or street car, or upon any railroad passenger train, coach, automobile, dining ear, or vestibule thereof, or platform connected therewith, while the said passenger train or coach is in the service of passenger transportation, for any person who is at the time intoxicated to board any such car, train or automobile, or any other public conveyance; and any conductor of any such train, or person in charge of such conveyance, shall have the authority to detain any such person violating the provisions of this Section, and turn him over to any sheriff, constable, police officer or peace officer to be proceeded against by law. Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor.
Section 20. Any illegal sale or gift of any of the liquors mentioned in this act, or a keeping of a place for the illegal sale or gift of the liquors mentioned in this Act, by the lessee or occupant of any premises, shall at the option of the lesser work a forfeiture of the lease.
Section 21. In any affidavit or indictment for the violation of this Act, separate offenses may be united and the defendant may be tried on all of the separate offenses at one trial and the cumulative penalty for each offense may be imposed by the court.
Section 22. In addition to the penalties imposed by this Act for the violation of any of its provisions, the court may, in its discretion, after conviction is had, for the first offense and shall for every subsequent conviction, require the defendant to execute bond with approved security, in a penalty of not less than one hundred ($100) dollars nor more than two thousand ($2,000) dollars, conditioned that the said defendant will not violate any of the provisions of this Act, for the term of one year. And if said bond shall not be given, the defendant shall be committed to jail until it is given or until he is discharged by the court, provided that he shall not be confined a longer period than six months.
Section 23. In an indictment for the violation of any provisions of this Act, as a sale or gift of intoxicating liquors, it shall not be necessary to allege a sale or gift of intoxicating liquors to a particular person and it shall be sufficient for the conviction of the accused to prove a sale or gift or other act contrary to law.
Section 24. Whenever complaint shall be made by any person on oath before any justice of the peace, or other officer or magistrate having jurisdiction, that any person is found intoxicated, or has been in or that liquor is being kept in any hotel, store, public building, street, alley, highways, or other public place, it shall be the duty of such justice, municipal or police Court to issue a subpoena to compel the attendance of such person found in or other persons aforesaid, to appear before the justice or court issuing the same, to testify in regard to the person or persons of whom, and the time when, and the place where, and the manner in which the liquor producing his intoxication was procured, or other violations complained of, and if such person when subpoenaed shall neglect or refuse to obey such writ, the said justice or court who issued the same shall have the same power and authority to compel the attendance of the person so subpoenaed and to enforce obedience to such writ. Whenever the person so subpoenaed shall appear before the justice, municipal or police court, to testify as aforesaid, he shall be required to answer on oath, the following questions, to wit: when, where, and for what purpose did you procure, obtain or receive the liquor or beverage, the drinking or using of which has contributed to the cause of the intoxication mentioned in the complaint or any question to reveal the facts about the sale or keeping for sale of such liquor in violation of the law. And if such person shall refuse to answer fully and fairly such questions, on oath, he shall be punished and dealt with in the same manner as for contempt of court as in other cases, or fined from seventy-five to one hundred dollars ($75 to $100). If it shall appear from the testimony of such person that any of the offenses specified in the act have been committed, such justice or court before whom such testimony is given shall make a true record of the same and cause it to be subscribed by such witnesses and the said testimony or answers, when subscribed as aforesaid, shall be deemed to be taken to be sufficient complaint to authorize the issuing of a warrant to arrest any person or persons who may appear from said complaint to be guilty of having violated any provision of this Act. Any person arrested on a warrant issued pursuant to the provisions of this Section, shall be brought before the justice or court issuing the same, and all subsequent proceedings in such suit or prosecution shall be governed by the rules of the law applicable thereto as in other criminal cases; provided, that the person so testifying under the provisions of this Section shall not be held or prosecuted for the violation of law concerning which such testimony shall be given; provided, further, that nothing contained herein shall be construed as to prevent prosecution of persons for being drunk or intoxicated where the testimony of said person is not sought under the provisions of this Section.
Section 25. Any one found guilty of the violation of any provision of this Act wherein no specific penalty is provided, shall be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars, nor more than five hundred dollars and imprisoned in jail or the New Castle County Workhouse for a period of not less than thirty days nor more than one year. Judgment for fine and costs imposed by the court for violation of any of the provisions of this Act shall be a lien upon the premises where a breach of the law takes place, if such breach was committed by the owner or by another with the owner's knowledge, assent or acquiescence.
Section 26. That if any provision of this Act shall be held to be invalid it is hereby provided that all other portions of this Act, which are not expressly held to be invalid, shall continue in full force and effect.
Section 27. Any and all laws inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency only.