DE HB447 | 2009-2010 | 145th General Assembly


Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 11-6)
Status: Passed on July 24 2010 - 100% progression
Action: 2010-07-24 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]


This Bill would permit the sale of beer made on the premises to consumers for consumption on the premises similar to that currently permitted under Delaware law for Farm Wineries. This will encourage tourism at the Microbreweries licensed in this State. Delaware law has permitted an individual to have an interest in up to two (2) Brewery-Pubs and a Microbrewery, but a strict reading of 546 would mean that the individual could only sell for consumption off of the premises at two of the three licensed premises. This Bill makes clear that the provisions of 546, limiting to two (2) the number of establishments that sell for off premises consumption that an individual can have an interest in, does not apply to microbreweries and Brewery-Pubs. Brewery-Pubs are limited in the amount of production and may only sell beer produced at the premises, therefore the public policy set forth in 546 does not apply in this instance. Federal law has provided a tax break for what has been referred to as “Craft Breweries.” The maximum that a brewery can manufacture and receive the reduced rate is currently two million barrels. This Bill would allow microbreweries to brew up to the level that the Federal Government recognizes as a Craft Brewery which could attract larger microbreweries to Delaware.

Tracking Information

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An Act To Amend Title 4 Of The Delaware Code Relating To Brewery-pubs And Microbreweries.


Roll Calls

2010-06-24 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2010-06-10 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]


2010-07-24 Signed by Governor
2010-06-24 Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2010-06-23 Reported Out of Committee (SMALL BUSINESS) in Senate with 5 On Its Merits
2010-06-17 Assigned to Small Business Committee in Senate
2010-06-10 Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2010-06-10 Amendment HA 2 - Passed in House by Voice Vote
2010-06-10 Amendment HA 2 - Introduced in House
2010-06-10 Lifted From Table in House
2010-06-10 Laid On Table in House
2010-06-10 Amendment HA 1 - Stricken
2010-06-09 Reported Out of Committee (ECONOMIC DEVELOPMENT/BANKING/INSURANCE/COMMERCE) in House with 3 Favorable, 3 On Its Merits
2010-06-09 Amendment HA 1 - Introduced and Placed With Bill
2010-06-03 Introduced in House and assigned to Economic Development/Banking/Insurance/Commerce Committee
2010-06-03 Assigned to Economic Development/Banking/Insurance/Commerce Committee in House

Delaware State Sources

Bill Comments