Title 4 — Alcoholic Liquors and Marijuana
10 chapters · 85 sections in this title.
4 Del. C. § 901. Offenses carrying penalty of imprisonment for 3 to 6 months.
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§ 901. Offenses carrying penalty of imprisonment for 3 to 6 months. Whoever: (1) Peddles any alcoholic liquor; or (2) Keeps, sells or dispenses alcoholic liquor in a disorderly house; or (3) Being an employee of the Commissioner and/or Division, infringes any of the provisions of…
4 Del. C. § 902. Offenses carrying penalty of fine of $500 to $1,000 or imprisonment for 3 to 6 months on failure to pay fine.
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§ 902. Offenses carrying penalty of fine of $500 to $1,000 or imprisonment for 3 to 6 months on failure to pay fine. Whoever: (1) Being the holder of a license, sells any alcoholic liquor of a kind other than that authorized to be sold by his or her license or by this title; or (…
4 Del. C. § 903. Offenses carrying penalty of fine of not more than $100 or imprisonment for 1 month on failure to pay fine.
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§ 903. Offenses carrying penalty of fine of not more than $100 or imprisonment for 1 month on failure to pay fine. Whoever: (1) Being the holder of a license, sells beer to which wine, spirits or alcohol has been added; or sells wine to which spirits or alcohol has been added, ot…
4 Del. C. § 904. Offenses concerning certain persons [Effective Aug. 15, 2030].
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§ 904. Offenses concerning certain persons [Effective Aug. 15, 2030]. (a) (1) Whoever sells any alcoholic liquor to any person who has not reached the age of 21 years, or sells to any person of more than such age any alcoholic liquor knowing that such alcoholic liquor is bought f…
4 Del. C. § 905. Unlicensed manufacture of alcoholic liquor; possession of still, apparatus, mash, etc., by unlicensed person.
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§ 905. Unlicensed manufacture of alcoholic liquor; possession of still, apparatus, mash, etc., by unlicensed person. (a) Whoever manufactures any alcoholic liquor without having first obtained from the Commissioner a license authorizing such manufacture, or, not being the holder …
4 Del. C. § 906. Transportation and shipment.
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§ 906. Transportation and shipment. (a) Whoever transports or ships alcoholic liquor in violation of the requirements of § 718 of this title, or, in connection with such transportation or shipment, knowingly has in his or her possession a waybill giving a false name or a false ad…
4 Del. C. § 907. Interference with officer or inspector.
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§ 907. Interference with officer or inspector. Whoever interferes with or hinders any officer or inspector authorized by the Director to investigate any infringements of this title or to make any search, examination or seizure, in the performance of the officer’s or inspector’s d…
4 Del. C. § 908. Failure of licensee to file report.
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§ 908. Failure of licensee to file report. Whoever, being the holder of a license for the sale of alcoholic liquor, neglects or refuses to make a return to the Commissioner, within 10 days immediately following the date indicated by the Commissioner, of his or her purchases and s…
4 Del. C. § 909. Violation of rules respecting liquor taxes.
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§ 909. Violation of rules respecting liquor taxes. Whoever violates any rule or regulation made and published by the Commissioner respecting the collection and payment of taxes, as provided in § 581(d) of this title, shall be fined not more than $1,000 and the costs of prosecutio…
4 Del. C. § 910. Offenses without specific penalty.
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§ 910. Offenses without specific penalty. Whoever violates any provision of this title or any regulation of the Commissioner adopted and published under the authority of this title, for which no penalty is provided in this chapter, shall, in addition to the payment of costs, be f…
4 Del. C. § 911. Penalty for partnerships and associations.
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§ 911. Penalty for partnerships and associations. Wherever the penalty for an offense committed consists of imprisonment in whole or in part and the accused is a corporation, partnership or other association of persons, the penalty shall be a fine of $2,000 in addition to the cos…
4 Del. C. § 912. Exemption of employees of Commissioner and/or Division.
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§ 912. Exemption of employees of Commissioner and/or Division. No officer or inspector employed by the Commissioner and/or Division for the enforcement of this title, when acting in the officer’s or inspector’s official capacity, shall incur any of the penalties exacted by this c…
4 Del. C. § 913. Licensees convicted of violations by the Commissioner may be assessed costs.
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§ 913. Licensees convicted of violations by the Commissioner may be assessed costs. Any licensee found guilty by the Commissioner of a violation of the rules of the Commissioner or the provisions of the Liquor Control Act of this State, as amended, may be required by the Commissi…
4 Del. C. § 914. Authority to suspend licenses and/or impose fines.
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§ 914. Authority to suspend licenses and/or impose fines. Whenever the Commissioner has found a licensee to be guilty of a violation of the rules of the Commissioner or the Delaware Liquor Control Act, in addition to the power and authority granted to the Commissioner by this tit…
4 Del. C. § 915. Licensees pleading guilty; voluntary fines; limitation.
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§ 915. Licensees pleading guilty; voluntary fines; limitation. The Commissioner is authorized to create a “voluntary fine assessment plan,” with fines not to exceed $5,000, available to any licensee who pleads guilty to any violation of the Commissioner rules. Where a licensee ch…
4 Del. C. § 916. Penalties imposed against licensees who threaten employees.
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§ 916. Penalties imposed against licensees who threaten employees. No licensee or representative thereof may discipline, threaten or otherwise penalize an employee for refusing to violate rules of the Commissioner and/or Division or statutes of the State. Any licensee violating t…
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…
4 Del. C. § 1201. Findings and declaration of policy.
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§ 1201. Findings and declaration of policy. It is determined and declared as a matter of legislative findings that: (1) The irresponsible service and consumption of alcoholic beverages has had a significant adverse impact on highway safety, personal health and individual welfare …
4 Del. C. § 1202. Implementation.
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§ 1202. Implementation. (a) It shall be the responsibility of the Division of Alcohol and Tobacco Enforcement to establish training courses and materials, examinations and examination procedures with respect to the implementation of a mandatory responsible alcoholic beverage serv…
4 Del. C. § 1203. Applicability; on-premises licenses.
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§ 1203. Applicability; on-premises licenses. (a) Effective July 1, 1992, every person who holds any valid license issued by the Alcoholic Beverage Control Commissioner pursuant to this title which authorizes the sale of alcoholic beverages for on-premises consumption shall, upon …
4 Del. C. § 1204. Training standards and curriculum.
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§ 1204. Training standards and curriculum. (a) In order to be recognized and approved by the Alcoholic Beverage Control Commissioner, a responsible alcoholic beverage server training program shall include, but need not be limited to, providing information related to the following…
4 Del. C. § 1205. Certification and renewal training.
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§ 1205. Certification and renewal training. Every person who successfully completes an approved responsible alcoholic beverage server training program shall be certified by the instructor as having met the requirements of this chapter. The course taught shall be either the Divisi…
4 Del. C. § 1206. Violations; penalties.
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§ 1206. Violations; penalties. (a) The Commissioner may reprimand or impose an administrative fine against any licensee who intentionally violates any provision of this chapter or any regulation promulgated by the Commissioner pursuant thereto. (b) The Commissioner may preclude a…
4 Del. C. § 1207. Enforcement.
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§ 1207. Enforcement. The Division of Alcohol and Tobacco Enforcement shall be responsible for enforcement of this chapter and shall bring charges of violations of this chapter against a licensee or a certified trained server before the Commissioner. The Commissioner shall have ex…
4 Del. C. § 1208. Training program costs.
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§ 1208. Training program costs. (a) All costs associated with the implementation, administration and enforcement of the requirements of this chapter shall be paid from a special fund entitled the “Delaware Responsible Alcoholic Beverage Server Training Program Fund.” (b) The Comm…