AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MICROBREWERIES.

Plain English Breakdown

The candidate explanation included a claim about giving businesses more operational flexibility, which is not directly supported by the official source material.

Changes for Microbreweries in Delaware

This act allows a microbrewery to choose between owning two brewpubs or one additional microbrewery and one brewpub, all under common ownership.

What This Bill Does

• Allows a microbrewery to choose between owning two brewpubs or one additional microbrewery and one brewpub, all under common ownership.
• Keeps the total number of licenses a business can hold at three but changes how these licenses are combined.

Who It Names or Affects

• Microbreweries in Delaware

Terms To Know

Brewery-pub

A place where beer is made and sold, along with food service.

Microbrewery

A small brewery that makes a limited amount of beer.

Limits and Unknowns

• The bill does not specify when it will take effect.
• It only affects businesses in Delaware.

Official Summary Text

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MICROBREWERIES.
Currently, the microbrewery statute permits a business to own 1 microbrewery and up to 2 brewpubs (a microbrewery that also has a restaurant as part of its business). This legislation would permit a microbrewery to choose to operate either 2 brewpubs or 1 additional microbrewery and 1 brewpub, under common ownership. The total number of licenses the business could hold remains 3, but it allows the business to choose 2 microbreweries and 1 brewpub, or 1 microbrewery and 2 brewpubs. A microbrewery can also choose to operate just one establishment.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Heffernan & Rep. Bush & Sen. Cruce

Rep. Yearick; Sens. Buckson, Huxtable, Lockman, Pinkney, Sokola, Townsend

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 170

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MICROBREWERIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 512C, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 512C. Microbreweries; license; alternating premises.

(h) Notwithstanding § 546 of this title, a microbrewery may sell a product that the microbrewery manufactures for off-premises consumption at a licensee licensed under this section and

either

at up to 2 brewery-pubs licensed under § 512B of this title

or 1 additional microbrewery licensed under this section and 1 brewery-pub licensed under § 512B of this title

that are all owned or controlled by the same person.

SYNOPSIS

Currently, the microbrewery statute permits a business to own 1 microbrewery and up to 2 brewpubs (a microbrewery that also has a restaurant as part of its business). This legislation would permit a microbrewery to choose to operate either 2 brewpubs or 1 additional microbrewery and 1 brewpub, under common ownership. The total number of licenses the business could hold remains 3, but it allows the business to choose 2 microbreweries and 1 brewpub, or 1 microbrewery and 2 brewpubs. A microbrewery can also choose to operate just one establishment.