Bill Text: DE HB282 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 4 Of The Delaware Code Relating To Alcoholic Liquors.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-03-10 - Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House [HB282 Detail]
Download: Delaware-2015-HB282-Draft.html
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SPONSOR: |
Rep. Keeley & Sen. Henry |
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Reps. Bolden, Brady, Potter; Sen. Marshall |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 282 |
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AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
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 Section 101, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 101. Definitions.
As used in this title, in addition to their usual meaning:
(6) "Beer Garden" means a defined, outdoor establishment open to the public for at least 5 consecutive months but no more than 9 total months per year.A beer garden may sell spirits or wine by the glass, or beer by the glass as draft beer or by the bottle for consumption on any portion of the licensed premises. The sale of food is not required for licensure, but is permitted.The boundaries of a beer garden must be enclosed with a barrier no less than 42 inches high from the floor elevation, constructed of wood, concrete, plastic, rope or wrought iron fencing, or other approved material.The physical structure may be permanent or removable, but the license is not available for an outdoor space that is adjacent to or connected in any way with another licensed establishment.
(18)
(19) "Establishment" means any place located physically in this State
where alcoholic liquor of 1 or more varieties is stored, sold or used by
authority of any law of this State, including a hotel, restaurant, tavern,
beer garden, or club as defined in this section, or where alcoholic liquor
of 1 or more varieties is manufactured by virtue of any law of this State.
Section 2. Amend Section 512, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 512. Licenses for taprooms, hotels, restaurants, motorsports speedways, concert halls, beer gardens, or clubs; food concessionaires at horse racetracks or multi-purpose sports facilities; dinner theater performances; bowling alleys; movie theaters; caterers; removal of partially consumed bottles from premises; beverages for personal consumption at racetracks; air passenger carriers; names of licensed establishments.
(a) Any person, who is the owner or lessee, or who is recognized by the Commissioner as being in charge of a hotel, beer garden, motel, taproom, restaurant, motorsports speedway, concert hall, club or multiple activity club, may apply to the Commissioner for a license to purchase spirits or wine or to purchase beer from a manufacturer or from an importer and to receive, keep and sell such spirits or wine either by the glass or by the bottle, or beer by the glass as draft beer or by the bottle for consumption on any portion of the premises approved by the Commissioner for that purpose. Such a license entitles a club to sell such spirits, wine or beer only to members of that club. A multiple activity club which holds such a license may apply for an additional license to sell such spirits, wine or beer to any person who is a guest of such club or of a member of such club who is duly registered in accordance with a bylaw or rule of such club, approved by the Commissioner, provided that if the Commissioner determines that any applicant is not a multiple activity club, as defined in §101 of this title, the application shall be denied. There shall be no age restrictions on persons permitted on the premises of a licensed multiple activity club.
Section 3. Amend Section 554, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 554. License fees.
(rr) For a license to sell alcoholic liquor in a beer garden, the biennial fee shall be $2,000. The holder of a beer garden license is not required to have a patio permit, but if the beer garden license holder desires a variance to Rule 42.1 [CDR 4-Rule 42.1], or a subsequently adopted rule, the biennial variance permit fee shall be $100 per variance.
SYNOPSIS
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This bill creates a new type of liquor license for beer gardens.Beer gardens are outdoor venues that operate at least 5 months, but less than 9 months, of each year and are independent of any other licensed establishment.The licensing and operation of beer gardens provides new business creation opportunities and a chance to enhance retail areas in Delaware. The biennial fee for a beer garden license is set at $2,000. |
