Title 4 — Alcoholic Liquors and Marijuana
10 chapters · 85 sections in this title.
4 Del. C. § 1101. Peddled or illegally transported liquor.
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§ 1101. Peddled or illegally transported liquor. (a) Wherever alcoholic liquor is being peddled in this State, or whenever any alcoholic liquor is transported in this State, unaccompanied by a license to transport such alcoholic liquor, or unaccompanied by a waybill as provided i…
4 Del. C. § 1102. Shipments to unauthorized portions of State; other illegal sales or shipments.
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§ 1102. Shipments to unauthorized portions of State; other illegal sales or shipments. (a) Any officer or inspector of the Division so authorized, may seize, without a warrant, any alcoholic liquor, as well as any receptacle containing it, shipped into a municipality or part of t…
4 Del. C. § 1103. Manufacture on unauthorized premises; seizure or destruction of liquor, apparatus and materials.
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§ 1103. Manufacture on unauthorized premises; seizure or destruction of liquor, apparatus and materials. All alcoholic liquor, stills and other apparatus, tubs, barrels, containers and paraphernalia of any character, and all mash, wort or wash, used or useful in connection with t…
4 Del. C. § 1104. Property found in disorderly house or used in connection with offenses.
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§ 1104. Property found in disorderly house or used in connection with offenses. Every officer and inspector of the Commissioner and all other peace officers of this State, may, without a warrant, seize property, as hereinafter defined, kept, transported, possessed or sold in cont…
4 Del. C. § 1105. Retention of seized property; return to owner; disposition of alcoholic liquor.
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§ 1105. Retention of seized property; return to owner; disposition of alcoholic liquor. All property seized and delivered into the possession of the Division shall be disposed of in the following manner: (1) The enforcement officers of the Division or the peace officers who seize…
4 Del. C. § 1106. Ascertainment of ownership and liens upon seized vehicles.
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§ 1106. Ascertainment of ownership and liens upon seized vehicles. Before filing the report and petition required by § 1107 of this title, the Division shall examine or cause to be examined records of liens on motor vehicles at the titling department in Dover and records of condi…
4 Del. C. § 1107. Commission’s report and petition to Court.
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§ 1107. Commission’s report and petition to Court. The Division shall, from time to time in its discretion, file a report and petition in the Superior Court in any county of the State. The report and petition shall set forth (1) the date of the filing of the last preceding report…
4 Del. C. § 1108. Rule to show cause and service thereof; hearing and order of disposal.
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§ 1108. Rule to show cause and service thereof; hearing and order of disposal. (a) Upon the filing with the Court of the Division’s report and petition in accordance with § 1107 of this title, the Court shall direct the issuance of a rule returnable on a day certain at the next s…
4 Del. C. § 1109. Procedural provisions.
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§ 1109. Procedural provisions. (a) The Superior Court may adopt rules to govern proceedings under this chapter. (b) All proceedings under this chapter shall be in the nature of proceedings in rem for the forfeiture and disposition of property seized and not otherwise disposed of …
4 Del. C. § 1110. Proceeds of sale; payment of costs.
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§ 1110. Proceeds of sale; payment of costs. (a) Where a sale of property has been authorized by order of court under this chapter, and consummated, the proceeds to the extent of an aggregate of $15,000 during any one fiscal year, shall be retained by the Division as a special fun…
4 Del. C. § 1111. Procedure governing searches and seizures.
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§ 1111. Procedure governing searches and seizures. The provisions of this chapter pertaining to searches and seizures shall be subject to Chapter 23 of Title 11. In the event of any conflict or inconsistency between this chapter and Chapter 23 of Title 11, the latter shall prevai…