reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 902. Offenses carrying penalty of fine of $500 to $1,000 or imprisonment for 3 to 6 months on failure to pay fine.

§ 902. Offenses carrying penalty of fine of $500 to $1,000 or imprisonment for 3 to 6 months on failure to pay fine.
Whoever:
(1) Being the holder of a license, sells any alcoholic liquor of a kind other than that authorized to be sold by his or her license or by this title; or
(2) Being the holder of a license, sells alcoholic liquor to any person to whom neither his license nor this title authorizes him or her to sell; or
(3) Being the holder of a license, keeps or allows the keeping in his or her establishment of any alcoholic liquor other than that which he or she is authorized to sell by virtue of his or her license; or
(4) Being the manufacturer or the agent in this State for the manufacturer of any liquid or solid containing alcoholic liquor, sells such liquid or solid as a medicine or preparation after the Commissioner and/or Division has notified him or her in accordance with § 725 of this title; or
(5) Keeps or allows the keeping of any alcoholic liquor in his or her residence, either for himself or herself or for other persons on deposit or otherwise, with intent to sell the same; or
(6) Not being the holder of a license under Chapter 5 of this title, keeps or allows alcoholic liquor to be kept in a club for himself or herself or for members of the club or for other persons in storage or otherwise; or
(7) Not being the holder of a license authorized by § 515A of this title, operates or maintains an establishment commonly known as a “bottle club,”
shall, in addition to payment of costs, be fined not less than $500 nor more than $1,000, and, on failure to pay such fine and costs, shall be imprisoned not less than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.
38 Del. Laws, c. 18, §  45;  Code 1935, §  6173;  4 Del. C. 1953, §  902;  58 Del. Laws, c. 239, §  44;  63 Del. Laws, c. 232, §  3;  67 Del. Laws, c. 109, §  28;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  10;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 905. Unlicensed manufacture of alcoholic liquor; possession of still, apparatus, mash, etc., by unlicensed person.

§ 905. Unlicensed manufacture of alcoholic liquor; possession of still, apparatus, mash, etc., by unlicensed person.
(a) Whoever manufactures any alcoholic liquor without having first obtained from the Commissioner a license authorizing such manufacture, or, not being the holder of a license to manufacture alcoholic liquor, has at any time possession of any still, receptacle, paraphernalia, apparatus, mash, wort or wash, adapted for use in connection with the manufacture of alcoholic liquor, shall, in addition to the payment of costs, be fined not less than $500 nor more than $5,000, or imprisoned not less than 6 months nor more than 2 years, or both.
(b) Nothing in this section shall apply to the making of beer, cider or wine for personal consumption and not for the purpose of sale, nor to fermented liquids used in the manufacture of vinegar exclusively; however, no pipe, conductor or contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and converted into distilled spirits, shall be used or employed or be fastened to or connected with any apparatus used for the manufacture of beer, cider, wine or vinegar except in the case of a duly licensed manufacturer. Any violation of this subsection shall carry the same penalties as provided in subsection (a) of this section.
Code 1935, §  6174A;  45 Del. Laws, c. 261, §  1;  4 Del. C. 1953, §  905;  71 Del. Laws, c. 315, §  1;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 906. Transportation and shipment.

§ 906. Transportation and shipment.
(a) Whoever transports or ships alcoholic liquor in violation of the requirements of § 718 of this title, or, in connection with such transportation or shipment, knowingly has in his or her possession a waybill giving a false name or a false address, or transports by any vehicle any alcoholic liquor upon which the taxes provided by § 581 of this title have not been paid, shall, in addition to the payment of costs, be fined not less than $100 nor more than $1,000, or imprisoned not less than 30 days nor more than 6 months, or both.
(b) In any trial for an offense under this section, the burden shall be upon the defendant to prove that the taxes provided by § 581 of this title have been paid. Nothing in this section shall apply to any alcoholic liquor purchased from a legal source and being transported by the purchaser.
(c) In addition to the penalties provided by this section, any vehicle used to transport alcoholic liquor manufactured in violation of § 905 of this title shall be deemed confiscated and shall be delivered to, retained by and disposed of by the Commissioner and/or Division as provided in Chapter 11 of this title. A vehicle used to transport alcoholic liquor in violation of other sections of this title shall be seized or confiscated under this section only if it can be proved beyond a reasonable doubt that the transported alcoholic liquor was for some use other than personal consumption by the person or his or her passengers transporting it. This section shall not apply to vehicles operated by common carriers over scheduled routes, or to vehicles in which the sale of alcoholic liquor is licensed.
(d) Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.
Code 1935, §  6172A;  45 Del. Laws, c. 263, §  2;  4 Del. C. 1953, §  906;  55 Del. Laws, c. 82, §  10;  58 Del. Laws, c. 108;  58 Del. Laws, c. 208;  58 Del. Laws, c. 239, §  47;  67 Del. Laws, c. 109, §  30;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  10;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 907. Interference with officer or inspector.

§ 907. Interference with officer or inspector.
Whoever interferes with or hinders any officer or inspector authorized by the Director to investigate any infringements of this title or to make any search, examination or seizure, in the performance of the officer's or inspector's duties to that end, shall, in addition to any other penalty which may be imposed upon him or her under this title, and in addition to payment of costs, be fined $100 for each offense, and on failure to pay such fine and costs, shall be imprisoned for a term of 1 month. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.
38 Del. Laws, c. 18, §  48;  Code 1935, §  6176;  4 Del. C. 1953, §  907;  58 Del. Laws, c. 239, §  48;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  12;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 908. Failure of licensee to file report.

§ 908. Failure of licensee to file report.
Whoever, being the holder of a license for the sale of alcoholic liquor, neglects or refuses to make a return to the Commissioner, within 10 days immediately following the date indicated by the Commissioner, of his or her purchases and sales of alcoholic liquor as provided in this title, shall be fined $10 per day for each day's delay, to run from the expiration of such 10 days. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.
38 Del. Laws, c. 18, §  49;  Code 1935, §  6177;  4 Del. C. 1953, §  908;  58 Del. Laws, c. 239, §  49;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 909. Violation of rules respecting liquor taxes.

§ 909. Violation of rules respecting liquor taxes.
Whoever violates any rule or regulation made and published by the Commissioner respecting the collection and payment of taxes, as provided in § 581(d) of this title, shall be fined not more than $1,000 and the costs of prosecution.
38 Del. Laws, c. 18, §  16;  Code 1935, §  6145;  43 Del. Laws, c. 274, §  1;  4 Del. C. 1953, §  909;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 910. Offenses without specific penalty.

§ 910. Offenses without specific penalty.
Whoever violates any provision of this title or any regulation of the Commissioner adopted and published under the authority of this title, for which no penalty is provided in this chapter, shall, in addition to the payment of costs, be fined or imprisoned, or both.
38 Del. Laws, c. 18, §  46;  Code 1935, §  6174;  41 Del. Laws, c. 254, §  1;  4 Del. C. 1953, §  910;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 911. Penalty for partnerships and associations.

§ 911. Penalty for partnerships and associations.
Wherever the penalty for an offense committed consists of imprisonment in whole or in part and the accused is a corporation, partnership or other association of persons, the penalty shall be a fine of $2,000 in addition to the costs.
38 Del. Laws, c. 18, §  47;  Code 1935, §  6175;  4 Del. C. 1953, §  911;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 912. Exemption of employees of Commissioner and/or Division.

§ 912. Exemption of employees of Commissioner and/or Division.
No officer or inspector employed by the Commissioner and/or Division for the enforcement of this title, when acting in the officer's or inspector's official capacity, shall incur any of the penalties exacted by this chapter for the punishment of those who obtain alcoholic liquor either from a holder of a license granted under this title or from a person who is not the holder of a license.
38 Del. Laws, c. 18, §  52;  Code 1935, §  6180;  4 Del. C. 1953, §  912;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  10;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 913. Licensees convicted of violations by the Commissioner may be assessed costs.

§ 913. Licensees convicted of violations by the Commissioner may be assessed costs.
Any licensee found guilty by the Commissioner of a violation of the rules of the Commissioner or the provisions of the Liquor Control Act of this State, as amended, may be required by the Commissioner to pay costs incurred by the Commissioner for the hearing, whether there is a plea of guilty or not guilty entered by the licensee. If a licensee fails to pay the costs assessed under the provisions of this section, the Commissioner may suspend or revoke the license or licenses issued by the Commissioner to the licensee.
4 Del. C. 1953, §  913;  57 Del. Laws, c. 404, §  5;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 914. Authority to suspend licenses and/or impose fines.

§ 914. Authority to suspend licenses and/or impose fines.
Whenever the Commissioner has found a licensee to be guilty of a violation of the rules of the Commissioner or the Delaware Liquor Control Act, in addition to the power and authority granted to the Commissioner by this title, the Commissioner shall have the power and authority to suspend a license and/or to impose a fine on the licensee and to require the licensee to pay a fine with regard to such violation. Prior to a license suspension and/or the imposition of any fine, the Commissioner may cause such investigation to be made as the Commissioner deems desirable and the suspension and/or fine shall only be imposed and required to be paid if the Commissioner is satisfied:
(1) That the public welfare and morals would not be impaired by the suspension and/or imposition of the fine and that the payment of the sum of money will achieve the desired disciplinary purposes; and
(2) That the books and records of the licensee are kept in such a manner that the average monthly gross sales of alcoholic beverages can be determined with reasonable accuracy therefrom.
Any fine imposed by the Commissioner, pursuant to this section, shall not exceed 10% of the estimated average gross monthly sales of alcoholic liquor for the operations of the licensee within the 12 months immediately preceding the date of the finding of guilt provided that such amount exceeds $250. In no case shall the fine imposed by the Commissioner upon a finding of guilt be less than $250. Each licensee shall maintain financial records that clearly demonstrate the licensee's estimated average gross monthly sale of alcoholic liquor for the operations of the business within the 12 months immediately preceding the date of the licensee's hearing before the Commissioner and, upon a finding of guilt, shall submit such documentation to the Commissioner.
4 Del. C. 1953, §  914;  57 Del. Laws, c. 453, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 351, §  1;  72 Del. Laws, c. 486, §  11;  75 Del. Laws, c. 417, §  1;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 915. Licensees pleading guilty; voluntary fines; limitation.

§ 915. Licensees pleading guilty; voluntary fines; limitation.
The Commissioner is authorized to create a “voluntary fine assessment plan,” with fines not to exceed $5,000, available to any licensee who pleads guilty to any violation of the Commissioner rules. Where a licensee chooses to pay a voluntary fine under the plan, such licensee shall have waived the licensee's right to and shall forego a formal hearing before the Commissioner, and shall be deemed to have waived any right to appeal relating to the offense(s). The plan shall be administered by the Executive Secretary or by such other persons as shall be designated by the Commissioner. The plan shall be published as a Commissioner rule.
67 Del. Laws, c. 91, §  1;  70 Del. Laws, c. 93, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 378, §  1;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 916. Penalties imposed against licensees who threaten employees.

§ 916. Penalties imposed against licensees who threaten employees.
No licensee or representative thereof may discipline, threaten or otherwise penalize an employee for refusing to violate rules of the Commissioner and/or Division or statutes of the State. Any licensee violating the provisions of this section shall be subject to the penalties described in § 561(b)(10), § 910 and § 913 of this title.
70 Del. Laws, c. 132, §  1;  72 Del. Laws, c. 486, §  10;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 11. SEIZURE AND CONFISCATION › § 1101. Peddled or illegally transported liquor.

§ 1101. Peddled or illegally transported liquor.
(a) Wherever alcoholic liquor is being peddled in this State, or whenever any alcoholic liquor is transported in this State, unaccompanied by a license to transport such alcoholic liquor, or unaccompanied by a waybill as provided in § 718(c) of this title, any police officer of the State or subdivision thereof or any inspector of the Division may seize such alcoholic liquor, as well as the receptacle or receptacles containing the same, and hand them over to the Division.
(b) This section shall not at any time or in any instance apply to an individual who is the holder of a license to purchase a stock of draft beer in half barrel or quarter barrel containers for personal use and is transporting for the individual's own personal use from the individual's home after delivery has been made thereto by an importer.
(c) This section does not apply to persons transporting alcoholic liquor under §§ 501 and 716 of this title.
38 Del. Laws, c. 18, §  55;  Code 1935, §  6182;  41 Del. Laws, c. 256, §  1;  42 Del. Laws, c. 191, §  6;  4 Del. C. 1953, §  1101;  55 Del. Laws, c. 82, §  11;  58 Del. Laws, c. 248, §§  1, 2;  67 Del. Laws, c. 109, §  31;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  13;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 11. SEIZURE AND CONFISCATION › § 1102. Shipments to unauthorized portions of State; other illegal sales or shipments.

§ 1102. Shipments to unauthorized portions of State; other illegal sales or shipments.
(a) Any officer or inspector of the Division so authorized, may seize, without a warrant, any alcoholic liquor, as well as any receptacle containing it, shipped into a municipality or part of this State in which a prohibitory law is in force, or whose competent authority has decided, in the manner set forth in § 102 of this title, that any license or any certain kind of license shall not be granted, unless each parcel containing such alcoholic liquor is clearly and visibly addressed to the bona fide purchaser. The fact that such parcel is so addressed shall not, however, prevent the seizure of the alcoholic liquor and of the receptacle containing it if such alcoholic liquor is shipped or sold contrary to any provision of this title.
(b) The alcoholic liquor seized as well as the receptacles containing it shall be handed over to the Division.
(c) This section shall not apply to an individual, the holder of a license to purchase a stock of draft beer in half barrel or quarter barrel containers for personal use, who having said license then with him or her, is personally transporting for his or her own personal use such draft beer.
38 Del. Laws, c. 18, §  56;  Code 1935, §  6183;  42 Del. Laws, c. 191, §  7;  4 Del. C. 1953, §  1102;  55 Del. Laws, c. 82, §  12;  58 Del. Laws, c. 248, §  3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  13;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 11. SEIZURE AND CONFISCATION › § 1103. Manufacture on unauthorized premises; seizure or destruction of liquor, apparatus and materials.

§ 1103. Manufacture on unauthorized premises; seizure or destruction of liquor, apparatus and materials.
All alcoholic liquor, stills and other apparatus, tubs, barrels, containers and paraphernalia of any character, and all mash, wort or wash, used or useful in connection with the manufacture of alcoholic liquor which are upon the premises wherein or whereon are committed any offense defined in § 905 of this title, shall be seized by the officers apprehending the same and disposed of as provided in this section. The officers finding the same may forthwith destroy any or all mash, wort or wash upon the premises, and any or all stills or other apparatus, tubs, barrels, containers and paraphernalia so found. The officer or officers destroying any property shall forthwith report the same to the Commissioner and in such report shall itemize all property destroyed and the estimated value thereof and shall state the names of the persons in whose presence such act or acts of destruction were performed. The report shall be witnessed by at least 2 responsible persons other than the officer or officers performing such act or acts of destruction. The Commissioner may sell any property of value so seized to any person or persons desiring to purchase same, who in the opinion of the Commissioner will not utilize same in connection with any violation of this chapter. The proceeds from such sale shall be deposited in the General Fund of the State.
Code 1935, §  6174A;  45 Del. Laws, c. 261, §  1;  4 Del. C. 1953, §  1103;  50 Del. Laws, c. 427, §  1;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 11. SEIZURE AND CONFISCATION › § 1104. Property found in disorderly house or used in connection with offenses.

§ 1104. Property found in disorderly house or used in connection with offenses.
Every officer and inspector of the Commissioner and all other peace officers of this State, may, without a warrant, seize property, as hereinafter defined, kept, transported, possessed or sold in contravention of this title, when found in any disorderly house; and may also seize such property in like manner and for like violations when the said property is used in connection with any offense under this title to the knowledge of the Commissioner or any of its officers or inspectors or to the knowledge of any other peace officer of this State. Immediately upon seizure, such property shall be deemed to be confiscated and the Commissioner shall be vested with a special property therein, subject to this chapter. The word “property” as used in this chapter includes alcoholic liquor, stills and other apparatus designed for the manufacture of alcoholic liquor, receptacles and other paraphernalia used in connection with any violation of this title, and all vehicles used in connection with the unlawful transportation of alcoholic liquor. This chapter shall not apply to vehicles operated by common carriers over scheduled routes, or to such vehicles in which the sale of alcoholic liquor is licensed. Forthwith upon seizure, all property seized shall be delivered to and shall be retained and disposed of by the Commissioner under the provisions of this chapter, subject, however, to any right or power of immediate destruction otherwise conferred by this chapter. The word “Commissioner” as used in the immediately preceding sentence includes any officer or inspector thereof with respect to delivery to the Commissioner of seized property as defined in this section.
38 Del. Laws, c. 18, §  57;  Code 1935, §  6184;  45 Del. Laws, c. 264, §  1;  4 Del. C. 1953, §  1104;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 11. SEIZURE AND CONFISCATION › § 1106. Ascertainment of ownership and liens upon seized vehicles.

§ 1106. Ascertainment of ownership and liens upon seized vehicles.
Before filing the report and petition required by § 1107 of this title, the Division shall examine or cause to be examined records of liens on motor vehicles at the titling department in Dover and records of conditional sales contracts recorded in the offices of the recorders of the counties to ascertain what liens, if any, had been entered against any motor vehicles seized under this chapter and all available information as to ownership of such vehicles and liens, if any, upon the same shall be incorporated in such report and petition.
38 Del. Laws, c. 18, §  57;  Code 1935, §  6184;  45 Del. Laws, c. 264, §  1;  4 Del. C. 1953, §  1106;  72 Del. Laws, c. 486, §  13;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1301. Purpose and findings.

§ 1301. Purpose and findings.
(a) In the interest of creating jobs with community benefits, eliminating the marijuana illegal market to allow law enforcement to focus on violent crime and property crimes, and promoting individual freedom, the General Assembly finds and declares that the personal use of marijuana should be legal for persons 21 years of age or older and taxed in a manner similar to alcohol.
(b) In the interest of the health and public safety of our citizenry, the General Assembly further finds and declares that marijuana must be regulated in a manner similar to alcohol to ensure all of the following:
(1) Individuals will have to show proof of age before purchasing marijuana.
(2) Selling, distributing, or transferring marijuana to individuals under the age of 21 remains illegal.
(3) Driving under the influence of marijuana remains illegal.
(4) Legitimate, taxpaying businesspeople, not criminal actors, conduct sales of marijuana.
(5) Marijuana sold in this State will be tested, labeled, and subject to additional regulations to ensure that consumers are informed and protected.
(c) The General Assembly further finds and declares that it is necessary to ensure consistency and fairness throughout this State, and therefore, that the matters addressed by this chapter are of statewide concern, except as specified in this chapter.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1303. Marijuana accessories authorized.

§ 1303. Marijuana accessories authorized.
An individual who is 21 years of age or older is authorized to manufacture, possess, and purchase marijuana accessories, and to distribute or sell marijuana accessories, to an individual who is 21 years of age or older.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1304. Places of employment.

§ 1304. Places of employment.
Nothing in this chapter is intended to impact or impose any requirement or restriction on employers with respect to terms and conditions of employment including but not limited to accommodation, policies, or discipline.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1305. Driving under the influence prohibited.

§ 1305. Driving under the influence prohibited.
Nothing in this chapter is intended to allow driving under the influence of marijuana or driving while impaired by marijuana or to supersede laws related to driving under the influence of marijuana or driving while impaired by marijuana. This chapter is not intended to prevent the State from enacting and imposing penalties for driving under the influence of or while impaired by marijuana.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1306. Individuals under age 21; prohibitions.

§ 1306. Individuals under age 21; prohibitions.
(a) Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to an individual under the age of 21 or to allow an individual under the age of 21 to purchase, possess, use, transport, or consume marijuana.
(b) It is unlawful for an individual under the age of 21 years to knowingly enter or remain in an establishment licensed under this chapter. A violation of this subsection is a civil offense punishable by a civil penalty of $50.
84 Del. Laws, c. 24, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 13. The Delaware Marijuana Control Act › Subchapter I. General Provisions › § 1307. Private property rights.

§ 1307. Private property rights.
Nothing in this chapter prohibits a person, employer, school, hospital, detention facility, corporation, or any other entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property, except that in the case of the rental of a residential dwelling, a landlord may only prohibit the possession of marijuana or the consumption of marijuana by nonsmoked means if 1 or more of the following applies:
(1) The building is the primary residence of the landlord, no more than 3 rooms in the building are rented to tenants, and no more than 3 tenants occupy such building.
(2) Residence is merely incidental to detention or to the provision of medical, geriatric, educational, counseling, religious, or similar services, including prisons, student housing provided by a college or school, long-term care facilities, and hospitals.
(3) Failing to prohibit marijuana possession or consumption would violate federal law or regulations or cause the landlord to lose a monetary or licensing-related benefit under federal law or regulations.
84 Del. Laws, c. 24, § 4;