AN ACT TO AMEND TITLE 4 THE DELAWARE CODE RELATING TO THE TIME OF SALES FOR ON-PREMISES CONSUMPTION.

Plain English Breakdown

The effective date is not listed in the official metadata or text excerpts provided.

HB398: Changing Alcohol Sales Hours for Delaware Horse Racetracks

This law allows licensed horse racetracks in Delaware to sell alcohol until 2:00 a.m. and prevents local towns from setting an earlier closing time.

What This Bill Does

• Allows entities holding a license as a horse racetrack to sell alcoholic liquor for on-premises consumption until 2:00 a.m.
• Removes the ability of municipalities to set an earlier closing hour by ordinance for these licensed horse racetracks
• Amends Section 709 of Title 4 of the Delaware Code regarding sales times

Who It Names or Affects

• Entities in Delaware that hold a license as a horse racetrack to sell alcoholic liquor
• Municipalities or local towns within Delaware

Terms To Know

On-premises consumption

Drinking alcohol in the same place where it was purchased.

Municipality

A local government unit like a city or town that can pass rules called ordinances.

Limits and Unknowns

• The official text does not state when the law will officially take effect.
• This change applies only to entities licensed as horse racetracks, not other bars or restaurants.
• No licensee is required to be open on Sundays, Thanksgiving, Easter, or Christmas.

Official Summary Text

AN ACT TO AMEND TITLE 4 THE DELAWARE CODE RELATING TO THE TIME OF SALES FOR ON-PREMISES CONSUMPTION.
This Act allows Delaware horse racetracks to sell alcohol for on-premise consumption until 2:00 a.m. This Act also removes the power of municipalities to require closing time to be at an earlier time for horse racetracks that sell alcoholic liquor.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Carson & Sen. Hoffner

Reps. Bush, K. Johnson, Lambert, Ross Levin, Snyder-Hall

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 398

AN ACT TO AMEND TITLE 4 THE DELAWARE CODE RELATING TO THE TIME OF SALES FOR ON-PREMISES CONSUMPTION.

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

Section 1. Amend § 709, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 709. Prohibition of sales and delivery at certain times [Effective until meeting the contingency in 82 Del. Laws, c. 193, § 5].

(c)

(1) Except as provided by paragraph (c)(2) of this section, a

No

holder of a license for the sale of alcoholic liquor for on-premises consumption

shall

may not

sell the same between the hours of 1:00 a.m. and 8:00 a.m.

Except for entities under paragraph (c)(2) of this section,

The

the

closing hour may be made earlier in any municipality by ordinance of the municipal corporation. The sale of alcoholic liquors by a licensee for consumption on the premises where sold shall be permitted on every day of the year; provided, that no licensee shall be required to be open to sell alcoholic liquors on Sundays, Thanksgiving, Easter or Christmas.

(2)

Entities who hold a license under this title as a horse racetrack may sell alcoholic liquor until 2:00 a.m. for on-premises consumption.

SYNOPSIS

This Act allows Delaware horse racetracks to sell alcohol for on-premise consumption until 2:00 a.m. This Act also removes the power of municipalities to require closing time to be at an earlier time for horse racetracks that sell alcoholic liquor.