Walsh DELAWARE& STATERep. SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Bush TODELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.

141 AN ACT TO AMEND SenateTITLE Bill4 No.OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

141BE byIT deletingENACTED linesBY 18THE throughGENERAL 19ASSEMBLY inOF theirTHE entiretySTATE andOF insertingDELAWARE: in lieu thereof the following:

Section 1.

Amend § 512D, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 512D.

Wine auctions.

and spirits auctions.

(a) Subject to the provisions, restrictions and prohibitions of this title, the Commissioner may grant a wine auction license, a spirits auction license, or a wine and spirits auction license to each qualified applicant therefor.

applicant.

No person shall operate a wine auction or spirits auction unless licensed to do so by the Commissioner.

For purposes of this section, section:

(1) a A “wine auction” shall mean a person, partnership or corporation that sells rare or fine wines on consignment from the owners of said wines or obtained from private collections at public auction to those persons who are of legal age to purchase such items.

A nonprofit organization may apply for a “wine auction-gathering license” for a specific date upon application to the Commissioner as a fund raiser for their organization.

(2) A “spirits auction” shall mean a person, partnership or corporation that sells rare or collectable spirits obtained from private collections at public auction to those persons who are of legal age to purchase such items.

(b) Said wine auction license holder or spirits auction license holder must have an office situated within the State, however said auctions may take place at any location within the State subject to the rules and regulations of the Commissioner which shall have the force of law.

A nonprofit organization does not need to maintain an office within the State.

year and no more than 12 spirits auctions may be conducted within a calendar year,year. with a maximum of 3 days per auction event.

Auctions(d) mayThe bewine conductedauction inor personspirits orauction online;license holder shall have the responsibility for collecting and remitting the applicable excise taxes and gross receipt taxes due for all products auctioned.

bothProvided formatsfurther, countthat towardsany theproducts totalpurchased auctionsat permittedauction shall not be stocked as inventory or made available for further retail sale in aany calendarfacility year.or store licensed under this title.

SYNOPSISSD This: amendment aligns Delaware law with other state statutes that permit 12 auctions per calendar year and do not distinguish between in-person and online auctions.

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05/13/2025 12:35 PM SYNOPSIS This bill allows auction houses that are licensed by the Delaware Office of the Alcoholic Beverage Control Commissioner to auction spirits, so long as the spirits being auctioned are not made available for sale in any licensed facility or store.

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