SB 230 — AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

Summary

This Act removes the exemption in § 543(d)(4) of Title 4 (reduced distance requirements based on population growth) to the prohibition against granting a license for the sale of alcoholic liquor if there is an existing licensed establishment of similar type within either of the following: (1) A ½ mile by accessible public road or street in any incorporated city or town. (2) Within 3 miles by accessible public road or street in any unincorporated or rural area. This Act permits the Commissioner to grant a new license if all of the following apply: (1) The licensee desires to move the location of the license due to the destruction of the building, loss of lease, diversion of highway traffic pattern, or similar reason beyond the control of the licensee. (2) The application meets the requirements of § 543(d) of Title 4 of the Delaware Code and the other requirements of Title 4. (3) The new license does not result in the licensee moving the location more than 500 feet in an incorporated city or town or a ½ mile in an unincorporated or rural area.

Bill Text

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This Act removes certain population growth-based exemptions from the denial of liquor licenses in Delaware.

• § 543(d)

  This subsection does not apply to any of the following: (4) An applicant for an off premises license whose license location meets 1 of the following:

  The bill removes the exemption for applicants for off-premises licenses based on population growth criteria.

• § 543(d)(4)

  a minimum yearly increase of 1% in the population of individuals 21 years old or older over the past 3 consecutive years measured from the month before the submission of the application.

  The bill eliminates the criteria allowing the granting of a license based on a minimum yearly increase in population.

• § 543(d)(4)

  A minimum increase of 3% in the population of individuals 21 years old or older in the past year measured from the month before the submission of the application within a distance of ½ mile from the borders of the property where the applicant seeks licensure.

  The bill removes the allowance for applicants to be licensed based on a recent population increase within a certain distance.

• § 543(e)

  The requirements under subsection (d) of this section, as in effect before January 1, 2020; section and all other requirements under this title. → if the application satisfies this subsection; meets all of the following:

  The bill allows the Commissioner to grant a new license under specific conditions related to the destruction of a building or similar circumstances.

Action History

1. April 13, 2022

   Signed by Governor

2. March 24, 2022

   Passed By House. Votes: 33 YES 5 NO 2 NOT VOTING 1 ABSENT

3. March 23, 2022

   Reported Out of Committee (Administration) in House with 3 Favorable, 2 On Its Merits

4. March 16, 2022

   Assigned to Administration Committee in House

5. March 15, 2022

   Passed By Senate. Votes: 21 YES

6. March 09, 2022

   Reported Out of Committee (Banking, Business & Insurance) in Senate with 6 On Its Merits

7. March 03, 2022

   Introduced and Assigned to Banking, Business & Insurance Committee in Senate

Sponsors

• Kyle Evans Gay · Cosponsor
• Nicole Poore · Primary
• David P. Sokola · Cosponsor
• Bryan Townsend · Cosponsor
• Franklin D. Cooke · Cosponsor
• Paul S. Baumbach · Cosponsor
• Michael Ramone · Primary
• Valerie Longhurst · Primary

Votes

Subjects