Bill Text: DE SB224 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 4 Of The Delaware Code Relating To Alcohol Sales.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-13 - Reported Out of Committee (SUNSET) in Senate with 3 Unfavorable [SB224 Detail]
Download: Delaware-2011-SB224-Draft.html
|
SPONSOR: |
Sen. Sokola & Rep. Brady |
|
Sens. Henry, Bushweller, Cloutier & Bonini; Reps. J. Johnson, Miro, Ramone & Willis |
|
DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
|
SENATE BILL NO. 224 |
|
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOL SALES. |
Section 1. Amend §709, Title 4 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§709. Prohibition of sales at certain times.
(a) No manufacturer or importer shall sell or deliver alcoholic liquor on any holiday specified in subsection (d) of this section, or at hours other than those prescribed by the rules or regulations of the Commissioner, except as subsection (f) of this section may apply.
(b) No holder
of a license for the sale of spirits, wines or beer in a store shall sell or
deliver the same on any holiday specified in subsection (d) of this section, or
between the hours of 1:00 a.m. and 9:00 a.m. 8:00 a.m. of any
other day, except as subsection (f) of this section may apply. The closing
hours may be made earlier in any municipality having a population of 50,000 or
more persons, by ordinance of the municipal corporation; provided however, that
such ordinance be consistent with the Delaware state and federal constitutions
as well as treat all businesses fairly.
(c) No
holderExcept as provided in
paragraph (b) herein, no holder of a license for the sale of alcoholic
liquor shall sell the same between the hours of 1:00 a.m. and 9:00 a.m. The
closing hour may be made earlier in any municipality by ordinance of the
municipal corporation. The sale of alcoholic liquors by a licensee for
consumption on the premises where sold shall be permitted on every day of the
year; provided, that no licensee shall be required to be open to sell alcoholic
liquors on any of the holidays specified in subsection (d) of this section. Any
holder of a license to sell alcoholic liquor, including stores and taprooms,
who wishes to sell alcoholic liquors on Sundays, except a gathering license,
shall pay a biennial license fee of $500 for the issuance of a special license
to serve alcoholic liquors on Sundays, which shall be in addition to any other
license fees which may be required of the licensee. If a licensee holds a
license to sell for on-premises consumption and off-premises consumption it
shall only be required to purchase 1 special license if it wishes to serve
alcoholic liquors on Sunday.
(d) For purposes of this section, the following shall be considered holidays: Sundays, except the Sunday before Christmas when Christmas falls on a Monday and the Sunday before New Year's Day when New Year's Day falls on a Monday; Thanksgiving Day; Christmas; and Easter.
When the Sunday before Christmas and the Sunday before New Year's Day are not considered holidays, the sale of spirits, wine, and beer may occur only between the hours of 1:00 p.m. and 6:00 p.m.
(e) In the municipalities and other political subdivisions of this State where daylight saving time is observed, whether authorized by law or by custom, daylight saving time shall apply to the hours mentioned in this section for the period during which daylight saving time exists.
(f) Notwithstanding subsection (d) of this section, importers or holders of a license for the sale of spirits, wines or beer may deliver beer on Sundays in motor vehicles equipped with permanently-installed devices for the refrigeration and dispensing of beer to licensed gatherings only; provided, however, that such licensee shall have first given notice of such delivery to the Commissioner.
(g) The prohibition of sales on Sunday under subsection (d) of this section shall exclude Delaware wineries and farm wineries, who may sell their product to persons of legal drinking age pursuant to §708 of this title, for consumption off-premises, between the hours of 12 noon and 6 p.m. on Sundays. Where other major holidays as listed in this section fall on Sunday, sales shall be prohibited on that day.
(h)
Notwithstanding the provisions of subsection (d) of this section, a holder of a
license for the sale of spirits, wine or beer in a store or taproom off may, at
the licensee's discretion, sell spirits, wine or beer on Sundays between the
hours of 12:00 noon11:00 a.m.
and 8:00 p.m. Any holder of a license for the sale of spirits, wine or beer in
a store or taproom off who chooses to conduct business on Sundays may, at his
or her discretion, remain closed for business on one other day of the week
without notice to or prior approval from the Commissioner, provided that the
store's or taproom off's daily hours are conspicuously posted on the store's or
taproom off's front window or door. Any municipality with a population of
50,000 or more may limit sales within the boundaries of the municipality
pursuant to this subsection to a maximum of 4 hours as established by ordinance
of the municipality. Notwithstanding this subsection, a holder of a license for
the sale of spirits, wine or beer in a store or taproom off shall remain closed
for business on Christmas Day and Easter Sunday.
SYNOPSIS
|
Currently retail liquor stores are permitted to open at 9:00 a.m.Some stores, however, choose to open later than 9:00 a.m. This Bill continues the process of updating the Liquor Control Act to make it more modern and consumer-friendly. The Bill allows package stores to open at 8:00 a.m., instead of 9:00 a.m. on days other than Sundays. On Sundays, stores may open at 11:00 a.m. instead of noon if they choose to do so.All of these changes reflect consumer demand for convenient shopping hours. |
Author: Sen. Sokola
