Bill Text: DE HB156 | 2015-2016 | 148th General Assembly | Engrossed
Bill Title: An Act To Amend Title 4 Of The Delaware Code Relating To Alcoholic Liquors.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-30 - Signed by Governor [HB156 Detail]
Download: Delaware-2015-HB156-Engrossed.html
SPONSOR: |
Rep. Longhurst & Sen. Sokola & Sen. Poore Reps. Hensley Hudson Miro Mitchell Mulrooney Ramone D. Short Smyk Spiegelman Viola Sens. Cloutier Henry Peterson |
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HOUSE BILL NO. 156 AS AMENDED BY HOUSE AMENDMENT NO. 1 |
§709 Prohibition of sales at certain times.
(a) No entity
licensed pursuant to §501 of this title manufacturer or importer
shall sell or deliver alcoholic liquor on Sundays, Thanksgiving, Easter or
Christmas 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 alcoholic liquors
for off-premises consumption in a store shall sell or deliver the
same on Thanksgiving, Easter or Christmas any holiday specified in
subsection (d) of this section, or between the hours of 1:00 a.m. and 9:00
a.m. on Mondays through Saturdays of any other day, except as
subsection (f) of this section may apply, and on Sundays before noon or
after 8:00 p.m. 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 on Sundays as established by ordinance of the
municipality. The closing hours for days of the week other than Sunday 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.During
the months of October through December a holder of a license for the sale of
alcoholic liquor for off-premises consumption shall be permitted to have sales
take place beginning at 8:00 a.m. on Mondays through Saturdays and 10:00 a.m.
on Sundays.
(c) No holder of
a license for the sale of alcoholic liquor for on-premises consumption
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 Sundays,
Thanksgiving, Easter or Christmasany of the holidays specified in subsection
(d) of this section.
(d) Any holder of a license
to sell alcoholic liquor, for either on-premises consumption or off-premises
consumption 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 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 noon 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.