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SPONSOR: Rep. Carson & Sen. Hoffner
Reps. Bush, K. Johnson, Lambert, Ross Levin, Snyder-
Hall
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 398
AN ACT TO AMEND TITLE 4 THE DELAWARE CODE RELATING TO THE TIME OF SALES FOR ON-PREMISES
CONSUMPTION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 709, Title 4 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 709. Prohibition of sales and delivery at certain times [Effective until meeting the contingency in 82 Del. Laws,
4 c. 193, § 5].
5 (c) (1) Except as provided by paragraph (c)(2) of this section, a No holder of a license for the sale of alcoholic
6 liquor for on-premises consumption shall may not sell the same between the hours of 1:00 a.m. and 8:00 a.m. Except for
7 entities under paragraph (c)(2) of this section, The the closing hour may be made earlier in any municipality by ordinance
8 of the municipal corporation. The sale of alcoholic liquors by a licensee for consumption on the premises where sold shall
9 be permitted on every day of the year; provided, that no licensee shall be required to be open to sell alcoholic liquors on
10 Sundays, Thanksgiving, Easter or Christmas.
11 (2) Entities who hold a license under this title as a horse racetrack may sell alcoholic liquor until 2:00 a.m. for
12 on-premises consumption.
SYNOPSIS
This Act allows Delaware horse racetracks to sell alcohol for on-premise consumption until 2:00 a.m. This Act
also removes the power of municipalities to require closing time to be at an earlier time for horse racetracks that sell
alcoholic liquor.
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