Delaware General Assembly


CHAPTER 221

FORMERLY

HOUSE BILL NO. 233

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATED TO SUBSTANTIVE CHANGES IN LICENSES OR THE PREMISES TO WHICH THEY APPLY.

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

Section 1. Amend Chapter 5, Title 4, of the Delaware Code by adding a new section, designated as § 526, thereto as follows:

Ҥ 526. Substantive changes to licenses or licensed property.

(a) Except as provided for in subsection (b) of this section, the Commission shall not authorize any substantive change in any license previously granted pursuant to this subchapter or to the property to which the license applies.

(b) Any person holding a license pursuant to this subchapter who wishes to make any substantive change as defined in this section in the license or to the property to which the license applies shall, prior to implementing any such change, complete all notice procedures established by §524 of this subchapter or by Commission rules.

(c) For the purposes of this section, ‘substantive change’ means any temporary change, which will last longer than sixty days, or permanent change which will increase the square footage of the licensed area of the premises, or other change that would require a variance in commission rules or suspension in the application thereof.”

Section 2. Amend §524(c)(2)a., Title 4 of the Delaware Code by striking the words “of the location” as they appear therein and by substituting in lieu thereof the words “from any point on the property boundary line”.

Section 3. Amend §524(c)(2)b., Title 4 of the Delaware Code by striking the words “of the location” as they appear therein and by substituting in lieu thereof the words “from any point on the property boundary line”.

Section 4. Amend §524(c)(2)c., Title 4 of the Delaware Code by striking the words “of the location” as they appear therein and by substituting in lieu thereof the words “from any point on the property boundary line”.

Approved July 23,1999