HB 246 — AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

Summary

The purpose of this Act is to achieve 2 goals: (1) Allow a person who is 18 years or older to serve alcoholic liquors or otherwise work in a taproom if the taproom has separate dining facilities that seat at least 12 people, provides complete meals, does not have a history of violating a provision of Title 4 or related regulations or being convicted of committing a crime under Title 4, and has been approved by the Alcoholic Beverage Control Commissioner (“Commissioner”) as meeting these requirements. (2) Allow a person who is under the age of 21 years to enter or remain in a taproom until 9:00 p.m. if the person is accompanied by a parent or legal guardian and the taproom has separate dining facilities that seat at least 12 people, provides complete meals, has been found by the Commissioner to have no grounds to refuse a license under § 543 of Title 4, and has been approved by the Commissioner as meeting these requirements. Under this Act, a person who is under the age of 21 years and enters or remains in a taproom that has been approved by the Commissioner under this Act may not be fined if the taproom is out of compliance with the approval. This Act provides the Commissioner with the authority to refuse to grant an approval to a taproom under this Act if any of the grounds for license refusal under § 543 of Title 4 exist.

Bill Text

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The bill amends Title 4 of the Delaware Code to allow certain employment and entry provisions for individuals under 21 in taprooms if specific criteria are met.

• § 101

  “Third-party delivery service” means a company, organization, or entity that is outside of the operation of an establishment’s business and acts as an intermediary to provide food delivery services to customers.

  Defines 'third-party delivery service' for clarity in the context of alcohol delivery.

• § 904(d)

  whoever, being the holder of a license to operate a tavern or taproom, admits or permits to remain in such tavern or taproom any individual under the age of 21 years, shall be fined not more than $100. → whoever, being the holder of a license to operate a tavern or taproom, admits or permits to remain in such tavern or taproom any individual under the age of 21 years, shall be fined not more than $100.

  No actual change; preserves the existing fine for admitting individuals under 21.

• § 904(e)(1)

  whoever, being under the age of 21 years, enters or remains in a tavern, taproom or package store, or while therein possesses at any time alcoholic liquors, shall be fined $50. → whoever, being under the age of 21 years, enters or remains in a tavern, taproom or package store, or while therein possesses at any time alcoholic liquors, shall be fined $50.

  No actual change; maintains the existing fine for underage individuals entering certain establishments.

• § 904(h)(1)

  excepting taverns and taprooms. liquor. → excepting taverns and taprooms. This paragraph (h)(1) of this section does not apply to a tavern or taproom, unless paragraph (h)(2) applies.

  Clarifies that certain employment provisions do not apply to taverns and taprooms without additional criteria.

• § 904(h)(2)

  The employment of a person who is the age 18 through 21 years to serve alcoholic liquor to patrons of a taproom or work in a kitchen or any room of the taproom where alcoholic liquor is sold, served, dispensed, or consumed, if the taproom meets all of the following criteria: a. Has a separate dining facility that seats at least 12 people. b. Provides complete meals. c. The taproom’s licensee does not have a history of either of the following: 1. Being found by the Commissioner to have violated a provision of this title or a regulation adopted by the Commissioner, and an appeal of the finding is not pending or the finding was not reversed. 2. Being found by a court to be guilty of committing a criminal offense under this title. d. Has been approved by the Commissioner as meeting the requirements of paragraphs (h)(2)a. through c. of this section.

  Allows individuals aged 18-21 to work in taprooms under certain conditions.

• § 904(h)(3)

  A person who is the age 18 through 21 years who enters a taproom to pick up a food order for delivery through a third-party delivery service, if the taproom meets the criteria under paragraphs (h)(2)a. through d. of this section.

  Permits individuals aged 18-21 to enter taprooms for food delivery purposes under set conditions.

• § 904(n)(2)

  A person who is under the age of 21 years and accompanied by a parent or legal guardian may enter or remain in a premises licensed as a taproom until 9:00 p.m., if the taproom meets all of the following criteria: a. Has a separate dining facility that seats at least 12 people. b. Provides complete meals. c. Has been approved by the Commissioner as meeting the requirements of this paragraph (n)(2) of this section. d. Has been found by the Commissioner to have no ground to refuse a license under § 543 of this title.

  Allows those under 21 to remain in taprooms until 9 PM with a guardian, under specified conditions.

Action History

1. June 15, 2021

   Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Sponsors

• S. Elizabeth Lockman · Cosponsor
• Spiros Mantzavinos · Cosponsor
• Sean M. Lynn · Cosponsor
• Daniel B. Short · Cosponsor
• Kimberly Williams · Primary
• John "Jack" Walsh · Primary
• Michael F. Smith · Cosponsor
• John A. Kowalko · Cosponsor
• Michael Ramone · Cosponsor

Subjects