Delaware SB 168: AN ACT TO TRANSFER LAND BETWEEN THE TOWN OF SMYRNA AND THE STATE OF DELAWARE.

Bill Text

Legislation Document 

 SPONSOR: 

 Sen. Walsh & Rep. Bush 

 Sen. Pinkney 

 DELAWARE STATE SENATE 

 153rd GENERAL ASSEMBLY 

 SENATE SUBSTITUTE NO. 1 

 FOR 

 SENATE BILL NO. 168 

 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: 

 Section 1. Amend subchapter II, Chapter 5, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly: 

 § 516. Consumption off premises of 
 a package store, 
 hotel, 
 restaurant, club, 
 store 
 or taproom. 

 (a) (1) Any person in charge of 
 a hotel, restaurant, club or 

 a package 
 store 
 , restaurant, or club 
 ( 
 other than 

 not 
 a grocery 
 store 
 , delicatessen, 
 convenience store, drug store, tobacco retailer, 
 or cigar store), whether owner, lessee or manager, and recognized as such by the Commissioner, may apply to the Commissioner for a license to purchase from an importer and to keep and sell and deliver on the premises only spirits, wine or beer by the bottle, half bottle, keg, half keg, quarter keg, or sixtel, but not for consumption on the premises where sold, or in any dependency thereof. All vessels so sold shall be delivered to the purchaser and shall be removed from the premises where sold with the seals of such vessels unbroken, with the exception of those licenses that are approved by the Commissioner for a growler filler permit which allows a licensee to purchase beer by the keg or partial keg and fill containers at time of purchase which will then be capped to leave the licensed premises for consumption off of the premises. For purposes of issuing a new license under this section, all establishments licensed for the sale of alcoholic liquors, but not for consumption on the premises where sold, shall be considered as being of the same type; provided, however, this shall not apply to the transfer of ownership or the renewal of an existing license. 

 (2) Any person in charge of 
 a hotel, restaurant, club or 

 a package 
 store 
 , restaurant, or club 
 ( 
 other than 

 not 
 a grocery 
 store 
 , delicatessen, 
 convenience store, drug store, tobacco retailer, 
 or cigar store), whether owner, lessee, or manager, and recognized as such by the Commissioner with a valid license for consumption off premises issued pursuant to this section may sell spirits, wine or beer pursuant to paragraph (a)(1) of this section 
 including sales 
 for curbside service 
 or delivery service, for delivery within a 3-mile radius of the store 
 . Any entity with a valid 
 off premise 

 off-premise 
 license pursuant to §§ 512A through 512E of this title may sell alcoholic liquor pursuant to its license for curbside service. All sales for curbside 
 or delivery 
 service must 
 do 

 comply with 
 all of the following: 

 a. Comply with Chapter 7 of this title including § 706 of this title, which prohibits sales to intoxicated individuals, and § 708 of this title, which prohibits sales to individuals who have not reached the age of 21 years. 

 b. 
 Be completed and delivered 
 Be sold and served on the premises only 
 by a person certified as a responsible alcoholic beverage server pursuant to § 1205 of this title. 

 (3) No person may provide alcoholic beverage delivery services unless such person or business entity holds a third-party delivery license. Upon proper application, the Commissioner may grant a third-party delivery license to provide alcoholic delivery services to customers so long as the person or business entity is also registered to do business in this State. The Commissioner shall not grant a third-party delivery license to a person or entity that also holds an off-premise license. Delivery service must be made by a licensed third-party vendor, or such third party’s employee or independent contractor, provided that the off-premise licensee has entered into a written agreement with a licensed third-party delivery vendor that authorizes the third-party vendor, or such third-party vendor’s employee or independent contractor, to deliver alcoholic liquors on behalf of the off-premise licensee. The licensed third-party vendor may not include an entity whose business is primarily the interstate shipment of goods. All sales for third-party delivery service must do all of the following: 

 a. Comply with Chapter 7 of this title including § 706 of this title, which prohibits sales to intoxicated individuals, and § 708 of this title, which prohibits sales to individuals who have not reached the age of 21 years. 

 b. Be delivered by a licensed third-party vendor, or such licensed third-party vendor’s employee or independent contractor, who is at least 21 years of age and has been provided a program of learning content related to the responsible delivery of alcoholic beverages that has been approved by the Commissioner. A third-party delivery vendor’s program shal