Bill Text: DE HB284 | 2017-2018 | 149th General Assembly | Draft


Bill Title: An Act To Amend Title 4 Of The Delaware Code Relating To The Removal Of Partially Consumed Alcoholic Liquors From A Premise.

Spectrum: Slight Partisan Bill (Republican 15-5)

Status: (Passed) 2018-05-29 - Signed by Governor [HB284 Detail]

Download: Delaware-2017-HB284-Draft.html

SPONSOR:

Rep. Gray & Sen. Hocker & Rep. Baumbach & Rep. Osienski

Reps. Briggs King, Heffernan, Hudson, Q. Johnson, Miro, Outten, Ramone, B. Short, D. Short, Smyk, Spiegelman, Yearick; Sens. Delcollo, Lavelle, Lawson, Pettyjohn

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 284

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF PARTIALLY CONSUMED ALCOHOLIC LIQUORS FROM A PREMISE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 512, Title 4 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 512. Licenses for taprooms, hotels, restaurants, motorsports speedways, concert halls 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.

(d) Any person who has purchased a bottle of alcoholic liquor other than beer from a premises licensed for the sale and consumption on the premises where sold hotel, restaurant, motorsports speedway, concert hall, club, dinner theater or horse racetrack licensed under this Title section , and who has partially consumed the contents of such bottle on the licensed premises, may , if the bottle is capped, remove it from the licensed premises for the purpose of consumption off the licensed premises. Any person who has purchased a bottle of alcoholic liquor other than beer from a caterer and who has partially consumed the contents of such bottle on the premises, approved by the Commissioner for the catering may remove it from the approved premises for the purpose of consumption off the approved premises.

SYNOPSIS

This Bill would allow all on-premises licensees who sell a bottle of alcohol (other than beer) to place a cap on the bottle and allow patrons to take it home with them for consumption later. Delaware was one of the first states to recognize that it was important that patrons who purchase a bottle of wine have the opportunity to take the remainder of the bottle home with them rather than face the choice of drinking more than they should and driving, or leaving part of the bottle they had paid for at the premise.

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