§ 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 […]
§ 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 […]
§ 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 […]
§ 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;
§ 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; […]
§ 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 […]
§ 1203. Applicability; on-premises licenses.
§ 1203. Applicability; on-premises licenses. (a) Effective July 1, 1992, every person who holds any valid license issued by the Alcoholic Beverage Control Commissioner pursuant to this title which authorizes the sale of alcoholic beverages for on-premises consumption shall, upon request, be required to demonstrate that his or her employees who as part of their […]
§ 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 […]
§ 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 […]
§ 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 […]