reglab/housing_qa huggingface dataset:
4 DE Code § 1107. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 11. Seizure and Confiscation|§ 1107. Commission's report and petition to Court.

§ 1107. Commission's report and petition to Court. The Division shall, from time to time in its discretion, file a report and petition in the Superior Court in any county of the State. The report and petition shall set forth (1) the date of the filing of the last preceding report, with term number thereof, (2) an itemized list of all property seized and delivered to the Division under this chapter with the date of seizure of each item, but the report may not include property previously disposed of under this chapter or involved in pending offenses either before the courts of the State or the Division, (3) a statement of the circumstances of each seizure with the names and addresses, so far as known, of any persons in possession of the property at the time of the seizure thereof, and the names and addresses of any persons believed by the enforcement officers of the Division or the peace officers who made the seizure to be the rightful owners of said property (and as to motor vehicles, the lienholders thereon), (4) whether or not any portion or part of the property listed in the report and petition was returned to others or other claimants, (5) a list of requests, if any, of state departments, agencies, institutions, hospitals or other institutions supported in whole or in part by state appropriations, for any property seized and herein described, (6) the disposition of any prosecutions in any court of any cases involving offenses under this title or against the rules of the Division and arising out of arrests made in connection with the seizure of any such property, and (7) a statement of the estimated value of each item of property listed in the report and petition, so far as may be ascertained, with the names and addresses, so far as known, of all persons claiming ownership of such property or any lien thereon. The report and petition shall request an order of the Court as to the disposal of the property. 38 Del. Laws, c. 18, §  57;  Code 1935, §  6184;  45 Del. Laws, c. 264, §  1;  4 Del. C. 1953, §  1107;  58 Del. Laws, c. 248, §  5;  72 Del. Laws, c. 486, §  13;
4 DE Code § 1108. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 11. Seizure and Confiscation|§ 1108. Rule to show cause and service thereof; hearing and order of disposal.

§ 1108. Rule to show cause and service thereof; hearing and order of disposal. (a) Upon the filing with the Court of the Division's report and petition in accordance with § 1107 of this title, the Court shall direct the issuance of a rule returnable on a day certain at the next succeeding term of the Court, directed to all known claimants, owners and lienors, and such rule shall be issued to and served by the sheriff of the county in which such claimant, owner or lienor shall reside or, if the Court shall so direct, may be mailed by the clerk of the peace to such claimants, owners or lienors at the addresses disclosed by the report and petition. In addition, the Court shall direct publication of a notice, in a form approved by the Court, in a newspaper of general circulation in the county or counties where the property or any part thereof was located at the time of seizure. The publication shall be made at least 1 time weekly during 2 successive weeks preceding the week during which the rule is returnable. (b) Upon the return of the rule, the Court may order:  (1) The destruction of any of such property except legally distilled spirits with seals and containers so preserved and with labels and seals unbroken as to permit or be eligible for resale; (2) The delivery of any thereof to any state department, agency or institution or to any hospital or other institution supported in whole or in part by state appropriations, for which such institution shall have use in the conduct of its authorized activities, which order and subsequent delivery shall vest title in and to all such property in the agency, department or institution receiving same; (3) The sale of any thereof by the Division at public sale, except that such order may direct the Division in its discretion to offer privately for sale in regular trade channels to the licensed importers of alcoholic liquor such of the alcoholic liquor as are bottled for the trade and with labels and seals unbroken at the prevailing price paid by the importers for like brands and quality, and upon any other terms the Court decides should be imposed; (4) In the case of order for sale of any motor vehicle seized in accordance with this chapter, the order shall also direct that after advertisement and public sale, the proceeds of such sale shall first be applied to the costs of the proceedings including storage, then to bona fide liens placed upon the vehicles prior to seizure, and then to the Division to be disposed of as otherwise provided in this chapter. (c) The Division shall make return to the Court of its proceedings under the Court's order. 38 Del. Laws, c. 18, §  57;  Code 1935, §  6184;  45 Del. Laws, c. 264, §  1;  4 Del. C. 1953, §  1108;  72 Del. Laws, c. 486, §  13;
4 DE Code § 1109. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 11. Seizure and Confiscation|§ 1109. Procedural provisions.

§ 1109. Procedural provisions. (a) The Superior Court may adopt rules to govern proceedings under this chapter. (b) All proceedings under this chapter shall be in the nature of proceedings in rem for the forfeiture and disposition of property seized and not otherwise disposed of under this chapter. (c) Nothing contained in this chapter shall be construed as depriving any owner or person holding a lien upon or conditional title to any property seized from pursuing any remedy otherwise available in any court for the recovery of said property, but no such other remedy shall be available and no other proceeding for the recovery of said property shall be brought after a petition, involving said property, has been filed in the Superior Court under the authority of § 1107 of this title, and in such case all remedies of persons claiming title to or liens upon such seized property shall be asserted and adjudicated in the cause presented by such petition in the Superior Court. (d) In any action or proceeding brought by an alleged owner, lienor or claimant of the seized property, this State, acting on behalf of the Division, shall be permitted to intervene as a party defendant and justify the seizure under the authority of this chapter, and in such case, as well as in any case arising under this chapter, the Court may by order, judgment or decree require the payment to the Division of all proper costs and expenses of seizure, holding, storage or other acts or proceedings under the authority of this chapter. (e) It shall be no objection to any report and petition filed by the Division under § 1107 of this title that it relates to and deals with the property of more than one person or property seized on more than one occasion, nor shall the Superior Court refuse to act upon any such petition because any criminal proceeding arising out of the seizure of such property remains undisposed of, has resulted in an acquittal or has been retired or nolle prossed by the Attorney General. 38 Del. Laws, c. 18, §  57;  Code 1935, §  6184;  45 Del. Laws, c. 264, §  1;  4 Del. C. 1953, §  1109;  72 Del. Laws, c. 486, §  13;
4 DE Code § 1110. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 11. Seizure and Confiscation|§ 1110. Proceeds of sale; payment of costs.

§ 1110. Proceeds of sale; payment of costs. (a) Where a sale of property has been authorized by order of court under this chapter, and consummated, the proceeds to the extent of an aggregate of $15,000 during any one fiscal year, shall be retained by the Division as a special fund for enforcement of this title, any sum so received in excess of $15,000, during any 1 fiscal year, shall be paid into the General Fund of the State. If at the end of any fiscal year there is in the fund more than $15,000, the excess shall be paid into the General Fund of the State. (b) All taxable costs in any proceeding under this chapter in the Superior Court, including the costs of publication and sale, shall be paid by the Division from any of its available funds, but first out of the proceeds of sale to the extent such proceeds may be adequate for the purpose. 38 Del. Laws, c. 18, §  57;  Code 1935, §  6184;  45 Del. Laws, c. 264, §  1;  4 Del. C. 1953, §  1110;  72 Del. Laws, c. 486, §  13;  79 Del. Laws, c. 118, §  1;
4 DE Code § 1111. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 11. Seizure and Confiscation|§ 1111. Procedure governing searches and seizures.

§ 1111. Procedure governing searches and seizures. The provisions of this chapter pertaining to searches and seizures shall be subject to Chapter 23 of Title 11. In the event of any conflict or inconsistency between this chapter and Chapter 23 of Title 11, the latter shall prevail. 4 Del. C. 1953, §  1111;
4 DE Code § 1201. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program|§ 1201. Findings and declaration of policy.

§ 1201. Findings and declaration of policy. It is determined and declared as a matter of legislative findings that:  (1) The irresponsible service and consumption of alcoholic beverages has had a significant adverse impact on highway safety, personal health and individual welfare and is not in the best interests of the citizens of this State; (2) Commercial servers of alcoholic beverages who are licensed by the State have a responsibility to ensure that their customers are served alcoholic beverages in a responsible and appropriate manner; (3) Responsible server training programs have proven to be an effective means of addressing, in a positive and constructive manner, the irresponsible and inappropriate service of alcoholic beverages by commercial establishments; (4) The voluntary responsible alcoholic beverage server training program which has been conducted by the Delaware Division of Alcohol and Tobacco Enforcement staff has been well received by those licensed commercial servers of alcoholic beverages who have undergone the training; (5) A voluntary server training program cannot be as effective as a mandatory program which would reach all licensed commercial servers of alcoholic beverages; (6) Such a mandatory training program should be provided to licensees and their employees at a reasonable cost so as to encourage their full support and participation while creating an incentive for the employees to take the program seriously; and (7) The establishment of a mandatory responsible alcoholic beverage server training program will promote highway safety and the public health and welfare of the citizens of Delaware. Therefore, it is declared to be the policy of this State to promote the safety, health and welfare of its citizens by the establishment and operation of a mandatory responsible alcoholic beverage server training program pursuant to the provisions of this chapter. 68 Del. Laws, c. 168, §  1;  70 Del. Laws, c. 602, §  6;  72 Del. Laws, c. 486, §§  15, 21;  75 Del. Laws, c. 80, §§  1, 2;
4 DE Code § 1202. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program|§ 1202. Implementation.

§ 1202. Implementation. (a) It shall be the responsibility of the Division of Alcohol and Tobacco Enforcement to establish training courses and materials, examinations and examination procedures with respect to the implementation of a mandatory responsible alcoholic beverage server training program in Delaware. (b) It shall be permissible for any person or entity to establish a responsible alcoholic beverage server training program that conforms to the requirements of § 1204 of this title. (c) In establishing, implementing, certifying or otherwise approving any training program, the Alcoholic Beverage Control Commissioner and the Division of Alcohol and Tobacco Enforcement shall consult with and seek comment from industry groups affected by the program as well as other interested state agencies. (d) For the purposes of § 1203(a) and (c) of this title, the term “employees” means persons who have been employed by the holder of a license for at least 30 days and who work in a licensed establishment at least 10 hours a week. (e) The Commissioner may grant new licenses or renew valid licenses conditional upon the certification required by § 1203(b) and (d) of this title being provided to the Commissioner within 30 days of the granting or renewal of such license. 68 Del. Laws, c. 168, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 602, §§  4, 5;  72 Del. Laws, c. 486, §§  15, 21;  74 Del. Laws, c. 250, §  2;  75 Del. Laws, c. 80, §  3;
4 DE Code § 1204. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program|§ 1204. Training standards and curriculum.

§ 1204. Training standards and curriculum. (a) In order to be recognized and approved by the Alcoholic Beverage Control Commissioner, a responsible alcoholic beverage server training program shall include, but need not be limited to, providing information related to the following:  (1) Alcohol as a drug and its effects on the body and behavior, especially as to driving ability; (2) Effects of alcohol in combination with commonly used legal prescription or nonprescription drugs and illegal drugs; (3) Recognizing the problem drinker and the identification of community treatment programs and agencies; (4) Applicable Delaware alcoholic beverage control laws and Alcoholic Beverage Control Commissioner rules; (5) Delaware laws related to drinking and driving; (6) Intervention techniques, involving methods of dealing with the problem customer who has had, or is approaching the point of having had, too much to drink; (7) Advertising, promotion and marketing of alcoholic beverages for safe and responsible drinking patterns and standard operating procedures for dealing with customers. (b) The Commissioner may by regulation provide additional training standards and curricula to be included within any responsible alcoholic beverage server training program as a condition to its being recognized and approved by the Commissioner. (c) The Division of Alcohol and Tobacco Enforcement shall provide a responsible alcoholic beverage server training program through its trained personnel for a course approved by the Commissioner and the Commissioner may approve and certify such a training program or programs to be provided through independent contractors, private persons or educational institutions. (d) Anyone required to undergo training in accordance with the provisions of this chapter, who has within the previous 4 years successfully completed a responsible alcoholic beverage server training program which satisfies the requirements of the Commissioner, and is approved by the Commissioner, shall not be obligated to undertake additional training until such time as the person is required to undergo renewal training in accordance with § 1205 of this title. 68 Del. Laws, c. 168, §  1;  72 Del. Laws, c. 486, §§  15, 21;  74 Del. Laws, c. 250, §  2;  75 Del. Laws, c. 80, §  4;
4 DE Code § 1205. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program|§ 1205. Certification and renewal training.

§ 1205. Certification and renewal training. Every person who successfully completes an approved responsible alcoholic beverage server training program shall be certified by the instructor as having met the requirements of this chapter. The course taught shall be either the Division of Alcohol and Tobacco Enforcement course or any other Commissioner approved course. The instructor shall provide the names of the persons who successfully complete the approved class, as well as such additional information that is required by the Commissioner, to the Commissioner and the Division of Alcohol and Tobacco Enforcement. Such certification shall be valid for a period of 4 years at which time the person must undergo renewal training in order to obtain recertification which shall also be valid for a period of 4 years. Renewal training shall include the information described in § 1204 of this title and/or such other information as the Commissioner may by regulation require. 68 Del. Laws, c. 168, §  1;  72 Del. Laws, c. 486, §  15;  75 Del. Laws, c. 80, §  5;
4 DE Code § 1206. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program|§ 1206. Violations; penalties.

§ 1206. Violations; penalties. (a) The Commissioner may reprimand or impose an administrative fine against any licensee who intentionally violates any provision of this chapter or any regulation promulgated by the Commissioner pursuant thereto. (b) The Commissioner may preclude any employee of a licensee who fails to comply with the applicable training requirements contained in this chapter or any regulation promulgated by the Commissioner pursuant thereto from working in any capacity in a licensed establishment until such time as it is provided with proof that the employee has successfully completed the applicable training requirements. (c) The Commissioner may suspend or revoke the server training card of any person who the Commission determines, after a hearing, has violated this title or the Commissioner's rules. If a person's card is suspended or revoked, that person shall not be permitted to serve alcohol in Delaware during the period of suspension or, if revoked, for such period of time as stated by the Commissioner in the order of revocation. In addition, the Commissioner may require that a person that has completed the course attend and successfully complete either the full course or the recertification course. 68 Del. Laws, c. 168, §  1;  72 Del. Laws, c. 486, §  15;  75 Del. Laws, c. 80, §  6;
4 DE Code § 1207. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program|§ 1207. Enforcement.

§ 1207. Enforcement. The Division of Alcohol and Tobacco Enforcement shall be responsible for enforcement of this chapter and shall bring charges of violations of this chapter against a licensee or a certified trained server before the Commissioner. The Commissioner shall have exclusive original jurisdiction over all alleged violations of the provisions of this chapter. 68 Del. Laws, c. 168, §  1;  72 Del. Laws, c. 486, §§  15, 21;  75 Del. Laws, c. 80, §  7;
4 DE Code § 1208. (2021)
2021 Delaware Code|Title 4 - Alcoholic Liquors|Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program|§ 1208. Training program costs.

§ 1208. Training program costs. (a) All costs associated with the implementation, administration and enforcement of the requirements of this chapter shall be paid from a special fund entitled the “Delaware Responsible Alcoholic Beverage Server Training Program Fund.” (b) The Commissioner shall deposit $300 from each application process fee, collected pursuant to § 554(x) of this title, into the Delaware Responsible Alcoholic Beverage Server Training Program Fund. (c) Any person that takes the course offered by the Division of Alcohol and Tobacco Enforcement after January 1, 2006, shall pay a fee, in the amount determined by the Commissioner, not to exceed $15 for the full course and $10 for the recertification course. Said fee shall be deposited into the Delaware Responsible Alcoholic Beverage Server Training Program Fund to pay for the costs associated with the program. Any person that is approved by the Commissioner to offer a responsible alcoholic beverage server training course may be required to remit a fee determined by the Commissioner, not to exceed $15, to offset any costs associated with creating an identification card for the server. (d) The Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury. (e) The Alcoholic Beverage Control Commissioner and Division of Alcohol and Tobacco Enforcement shall, on or before December 31 of each year, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biennially on or before December 31 to any member of the General Assembly who requests a copy. (f) The Commissioner shall deposit $200 from each application process fee, collected pursuant to § 554(x) of this title, into an account designated by the Department of Finance for the General Fund of the State Treasury. 68 Del. Laws, c. 168, §  1;  68 Del. Laws, c. 327, §  2;  72 Del. Laws, c. 486, §§  15, 21;  75 Del. Laws, c. 80, §  8;
5 DE Code § 1102. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 11. Taxation|§ 1102. Statement of net income to be filed.

§ 1102. Statement of net income to be filed. (a) For purposes of assessment, the president, treasurer or other proper officer of every banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State (or out-of-state bank that operates a resulting branch in this State), shall, in each year, file with the December 31 call report, a true statement, verified by oath, setting forth the net income of such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State as defined in this chapter and such other true statement, in such form as shall be specified by the State Bank Commissioner, verified by oath setting forth the “taxable income” of such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State as defined in this chapter. In the case of an out-of-state bank that operates more than one resulting branch in this State, the statement setting forth the taxable income of such resulting branches shall set forth the information required by the State Bank Commissioner on a basis that consolidates such information for all resulting branches of such out-of-state bank in this State. Any and all documents relating to the taxation of a banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State shall be true statements, verified by oath, by the president, treasurer or other proper officer of such banking organization, trust company or federal savings bank not headquartered in this State but maintaining branches in this State (or out-of-state bank that operates a resulting branch in this State). (b) Every banking organization (or out-of-state bank that operates a resulting branch in this State), trust company or federal savings bank not headquartered in this State but maintaining branches in this State failing to comply with subsection (a) of this section shall be subject to a penalty of $25 for each day that it continues in such failure, unless the Commissioner is satisfied that such failure was not wilful. Any penalty that may be imposed by the Commissioner hereunder shall be paid to the State Treasurer for deposit in the General Fund. 32 Del. Laws, c. 104, §  4;  Code 1935, §  2318;  44 Del. Laws, c. 132, §  2;  5 Del. C. 1953, §  1103;  59 Del. Laws, c. 434, §  1;  64 Del. Laws, c. 160, §  2;  65 Del. Laws, c. 444, §  4;  68 Del. Laws, c. 303, §  29;  70 Del. Laws, c. 112, §  59;  70 Del. Laws, c. 327, §  32;  71 Del. Laws, c. 19, §  56;