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Delaware Laws | Title 4 Alcoholic Liquors
CHAPTER 5. LICENSES AND TAXES
Subchapter II. Purchase, Sale and Dispensing

(c) No person in charge of a taproom, whether as owner, lessee, manager or otherwise, may apply for a license to sell alcoholic liquors for consumption off the premises where sold, and the Commissioner shall not issue such a license for use in a taproom. Provided, however, that any person issued a license which authorizes him to sell alcoholic liquors in a taproom for consumption off the premises prior to July 6, 1983, shall be permitted to retain said license, unless revoked by the Commissioner pursuant to this title; and provided further, that any person issued a license which authorizes him to sell alcoholic liquors in a taproom for consumption off the premises prior to July 6, 1983, shall be permitted to transfer said license with the approval of the Commissioner as provided in Sec. 571 of this title. (382)

(38 Del. Laws, c. 18, Sec. 17; Code 1935, Sec. 6146(6); 42 Del. Laws, c. 186; 42 Del. Laws, c. 191, Sec. 2; 44 Del. Laws, c. 203, Sec. 2; 47 Del. Laws, c. 337, Sec. 1; 4 Del. C. 1953, Sec. 516; 55 Del. Laws, c. 82, Sec. 1; 56 Del. Laws, c. 311, Sec. 4; 62 Del. Laws, c. 69, Sec. 1; 64 Del. Laws, c. 104, Sec. 1; 67 Del. Laws, c. 109, Sec. 13; 72 Del. Laws, c. 486, Sec. 9.) (383)

Sec. 517. Pharmacists. (384)(Text)

Any person, whether as owner, lessee or manager, who conducts a pharmacy which is recognized as such by the Commissioner, and in which pharmacy there is in constant attendance a pharmacist, may purchase alcoholic liquors and may keep and sell the same on the prescription of any physician, and otherwise supply or sell alcoholic liquors for medicinal purposes as provided in Sec. 518 of this title without a permit or license from the Commissioner. (385)

(38 Del. Laws, c. 18, Sec. 17; Code 1935, Sec. 6146; 4 Del. C. 1953, Sec. 517; 59 Del. Laws, c. 107, Sec. 21; 72 Del. Laws, c. 486, Sec. 9.) (386)

Sec. 518. Physicians, dentists, veterinarians and medical institutions. (387)(Text)

(a) A physician or dentist may purchase alcoholic liquors for professional purposes without a permit or license. A physician may administer alcoholic beverages to a bona fide patient in cases of actual need when in the judgment of the physician the use of alcoholic beverages is necessary. (388)

(b) A veterinarian may purchase alcoholic liquors for professional purposes without a permit or license. A veterinarian may, in the course of his practice, administer or cause to be administered alcoholic beverages to any animal under treatment. (389)

(c) A person in charge of an institution regularly conducted as a hospital or sanitarium for the care of persons in ill health, or as a home devoted exclusively to the care of aged people, may purchase alcoholic beverages for professional purposes without the requirement of a permit or license. Such person may, after obtaining proper permission, administer alcoholic beverages to any bona fide patient of a medical institution who is in need of the same, either by way of external application or otherwise for emergency medical purposes. (390)

(38 Del. Laws, c. 18, Sec. 17; Code 1935, Sec. 6146; 4 Del. C. 1953, Sec. 518; 59 Del. Laws, c. 107, Sec. 22.) (391)

Sec. 519. Hospital; retention and use. (392)(Text)

Any person in charge of a hospital recognized by the Commissioner as such may purchase alcoholic liquors, and may keep and administer alcoholic liquors for purposes of compounding medicines or to use alcohol for purposes of sterilization without a permit or license. (393)

(38 Del. Laws, c. 18, Sec. 17; Code 1935, Sec. 6146; 4 Del. C. 1953, Sec. 519; 59 Del. Laws, c. 107, Sec. 23; 72 Del. Laws, c. 486, Sec. 9.) (394)

Sec. 520. Clergymen; wine for sacramental purposes. (395)(Text)

Any minister, priest, rabbi or clergyman of any established or recognized church or religious sect may purchase wine for sacramental purposes, and may keep and use wine for sacramental purposes, without a permit or license. (396)

(38 Del. Laws, c. 18, Sec. 17; Code 1935, Sec. 6146; 4 Del. C. 1953, Sec. 520; 59 Del. Laws, c. 107, Sec. 24.) (397)

Sec. 521. Temporary license to sell by the glass. (398)(Text)

A temporary license to sell alcoholic liquor of 1 or more varieties, by the glass only, and for a period of not more than 3 months, may be granted by the Commissioner to any person to whom a biennial license may be issued under this chapter, but such temporary license shall not be renewed more than once during the same 12 months' period. (399)

(38 Del. Laws, c. 18, Sec. 25; Code 1935, Sec. 6154; 4 Del. C. 1953, Sec. 521; 67 Del. Laws, c. 273, Sec. 25; 72 Del. Laws, c. 486, Sec. 9.) (400)

Sec. 522. Application for license to purchase for resale. (401)(Text)

(a) Any person proposing to purchase alcoholic liquor for resale shall make application to the Commissioner for license. (402)

(b) Any individual 21 years of age or older may apply for a license permitting the purchase of alcoholic liquors for resale. Any partnership may apply for a license permitting the purchase of alcoholic liquors for resale if such application is approved by a majority of the partners and each of the partners is 21 years of age or older. A corporation may apply for a license permitting the purchase of alcoholic liquors for resale if all the officers and directors of the corporation making the application are 21 years of age or older, and no stockholder under the age of 21 years owns or controls, either by himself or through a custodian, more than 25% of the outstanding shares of stock of the applicant corporation, with the further provision that no group of such minor stockholders and/or custodians may own or control in the aggregate, more than 45% of the stock of the applicant corporation. (403)

(c) The application shall be made on a blank form furnished by the Commissioner and shall be signed by the applicant before two witnesses. The application shall give the name, age, occupation and residence of the applicant and the kind of license requested. (404)

(d) The application furnished by the Commissioner shall contain a statement to the effect that the applicant will comply with this title and the rules of the Delaware Alcoholic Beverage Control Commissioner. (405)

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