Delaware Concrete & Masonry Licensing Law

Delaware Code · 3 sections

The following is the full text of Delaware’s concrete & masonry licensing law statutes as published in the Delaware Code. For the official version, see the Delaware Legislature.

Del. Code § title17

Legislative Council, General Assembly State of Delaware

                                             Title 17

                                           Highways

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  PROVISIONS
  GENERAL
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  Definitions
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  Subchap.
  Chap.
                                                    Chapter 1
                                               GENERAL PROVISIONS
                                                          Subchapter I
                                                           Definitions

§ 101 Definitions. ---(a) As used in this title, unless the context indicates a different intent: ---(1) “Construction” means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. ---(2) A “Delaware byway” is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeological qualities and for which such transportation route is managed in order to protect such characteristics and to encourage development of tourism and recreational resources. ---(3) “Department” means the Department of Transportation. ---(4) “Express highway” means a state highway especially designed for through traffic over which owners of abutting property shall have no easement or right of direct access, light or air, by reason of the fact that this property abuts on such highway, and it shall have only such public entrances or exits as shall be designated by the Department and may be with or without service roads in the discretion of the Department. ---(5) “Maintenance,” as applied to constructed or reconstructed highways, is the upkeep and support thereof with true surfaces in a hard, smooth condition as when such highways were constructed or reconstructed and with proper and adequate drainage systems; as applied to state highways not constructed or reconstructed, is the upkeep and support thereof in as high a condition of perfection as is consistent with the character of such unconstructed or unreconstructed highway and shall include the keeping of the right-of-way of all state highways clear of underbrush and debris which might interfere with the drainage or injure the foundation of such highways and the setting out and preserving of trees where desirable along such right-of-way. ---(6) “Public carrier” includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a “cooperative”), their lessees, trustees, or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, motor bus or electric trackless trolley coach service, system, plant or equipment for public use. ---(7) “Railroad” means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. ---(8) “Reconstruction” is the first extensive repairing of an improved road converted into a state highway, and before the Department has constructed such highway, as in the opinion of the Department and the Secretary of Transportation, will result in a state highway of such permanency that there will be a net saving of reconstruction. ---(9) “Road” and “highway” include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. ---(10) “Secretary” means the Secretary of Transportation. ---(11) “State highway” includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. ---(b) As used in this title, “construct” and “constructed” shall be defined in accordance with the definition of “construction”; “reconstruct” and “reconstructed” shall be defined in accordance with the definition of “reconstruction”; “maintain” and “maintained” shall be defined in accordance with the definition of “maintenance.” (29 Del. Laws, c. 63, § 1; Code 1935, § 5720; 47 Del. Laws, c. 406, § 2; 17 Del. C. 1953, § 101; 53 Del. Laws, c. 255; 57 Del. Laws, c. 671, §§ 1A-1C; 59 Del. Laws, c. 393, § 3; 60 Del. Laws, c. 503, §§ 18, 19; 72 Del. Laws, c. 444, § 1; 77 Del. Laws, c. 367, § 2.) Department of Administration and Organization - II Subchap. Subchapter II Organization and Administration of Department § 111 Secretary of Transportation; powers and duties; Chief Engineer.

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---(a) The Secretary of Transportation shall, immediately upon assuming the duties of office and from time to time, recommend to the Department a program for the improvement of state highways and for the inclusion of additional roads or portions of roads in the state highway system, the probable cost of the construction or reconstruction of such roads or portions of roads and the roads or portions of roads which should first be improved and the probable amount of construction which could be undertaken. ---(b) The Secretary shall employ, promote and discharge all persons hired by the Department, including a Chief Engineer, for the performance of work for which the Secretary is responsible. All such employment, promotion and discharge shall comply with the laws applicable to the Department. ---(c) The Chief Engineer shall be not less than 30 years of age; the Chief Engineer shall be a civil engineer registered or eligible for registration as such in Delaware and shall have been in active practice of the profession for at least 10 years; the Chief Engineer shall have had responsible charge of road engineering work for at least 5 years; and the Chief Engineer shall be qualified to design as well as direct road engineering work. Graduation from a school of engineering of recognized reputation shall be considered as equivalent to 2 years of active practice. The total compensation to be paid to the Chief Engineer and the allocation thereof between the Department and any other public agency or office for services performed for the Department and any other public agency shall be determined by the Department. (17 Del. C. 1953, § 116; 53 Del. Laws, c. 39, § 3; 57 Del. Laws, c. 671, §§ 1B, 1D; 60 Del. Laws, c. 503, § 19; 70 Del. Laws, c. 186, § 1.) § 112 Liability insurance for Department employees. ---The Department shall enter into a contract with a reliable insurance company or companies doing business in this State to insure the employees of the Department against injury or death incurred while performing their duties as employees of the Department. The Department shall be the sole judge of the kind of insurance and the amount thereof which will best execute such purpose. (17 Del. C. 1953, § 118; 53 Del. Laws, c. 39, § 1.) § 113 Appointment and powers of notaries public. ---In addition to the notaries public now provided by law in the several counties, the Governor shall appoint 4 employees of the Department, 1 residing in New Castle County, 1 residing in Kent County and 2 residing in Sussex County, notaries public to hold office not exceeding 2 years. Such notaries public may not exercise their office or take affidavits or acknowledgments except on documents and papers for the benefit of the Department, and for which they shall make no charge. Whenever any such person appointed notary public ceases to be an employee of the Department, the notary public’s authority as such notary public shall cease, and thereupon the Governor may appoint another employee of the Department a notary public in the person’s place. The Governor may appoint additional employees of the Department as notaries public as may be deemed necessary, to which the requirements of this section shall apply. (17 Del. C. 1953, § 119; 53 Del. Laws, c. 39, § 3; 65 Del. Laws, c. 38, § 1; 70 Del. Laws, c. 186, § 1.) Department of Duties and Powers Jurisdiction, - III Subchap. Subchapter III Jurisdiction, Powers and Duties of Department § 131 General jurisdiction. ---(a) All the public roads, causeways, highways and bridges in this State which have been or may hereafter be constructed, acquired or accepted by the Department of Transportation shall be under the absolute care, management and control of the Department. ---(b) All roads and streets situate in unincorporated suburban communities throughout the State which were built or created between July 1, 1935, and July 1, 1951, whether paved or unpaved, shall henceforth be under the absolute care, management and control of the Department and shall be maintained, repaired and reconstructed by the said Department. ---(c) The Department shall immediately commence the necessary preliminary work in order to bring these roads up to proper standards as soon as possible with due consideration for the immediate needs of certain areas. ---(d) The general jurisdiction conferred upon the Department by this section shall be exercised by it by the establishment and supervision of any and all policies which may be necessary or appropriate to implement such jurisdiction. ---(e) All roads and streets not dedicated to the public use and intended to be private, as indicated on the filing plan, situated in an unincorporated suburban community within the State, shall be constructed in accordance with rules and regulations adopted by the county in which such road or street is located. Such rules and regulations for construction of private subdivision streets and roads shall, in addition to specifying standards for the design and construction of such private streets and roads, establish a mechanism to provide for the perpetual maintenance of such private streets and roads, but in no event shall the State or county be responsible for such maintenance. In addition, the following provisions shall apply to all such streets and roads: ---(1) In the event that the county has not adopted rules and regulations for construction of private subdivisions, streets and roads or such rules and regulations have been established and there is no mechanism contained therein to provide for the perpetual maintenance of private subdivision streets or roads, all such roads or streets shall be constructed in accordance with standards set forth by the Department of Transportation, Division of Highways, for streets and roads dedicated to public use. ---(2) Private roads or streets shall not be accepted for maintenance by the State until:

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     ---a. The right-of-way for the streets and roads has been dedicated to the public use, accepted by the State and the streets and roads
     constructed or reconstructed at the expense of the property owners in accordance with the standards established by the Department of
     Transportation, Division of Highways, for streets and roads dedicated to public use in accordance with Chapter 5 of Title 9; and
     ---b. The Department’s Division Engineer, Maintenance Engineer and Subdivision Engineer, if applicable, for the division in which
     the roads are situated have each certified that the roads to be accepted by the State have been constructed or reconstructed in
     accordance with the construction plans approved by the Department; and
     ---c. Copies of such certifications have been forwarded to the members of the General Assembly in whose districts the roads to be
     accepted are situated.
 ---(3) In the event any real property with road frontage or a private road or street, constructed or reconstructed pursuant to this section,
 which road or street is not to be maintained by the State, is conveyed subsequent to such construction or reconstruction, the deed
 conveying such real property shall contain a statement that such private street or road is not maintained by the State.
 ---(4) Any private road, street or thoroughfare in the State shall be constructed either in accordance with state standards and pursuant to
 department rules and regulations or pursuant to rules and regulations established by the county. In either event, a mechanism for
 perpetual maintenance must be established. The State and county shall have concurrent jurisdiction to enforce the requirements of this
 section by legal or equitable means. The county shall withhold the issuance of building or occupancy permits for any structure abutting
 such road, street or thoroughfare to insure compliance with the requirements of this section.

---(f) The Department of Transportation, Division of Highways, is hereby authorized to inspect all suburban community street construction and to establish and collect fees for the inspection of said street construction in amounts deemed necessary to defray costs of administering this section. All fees collected shall be placed to the credit of the Department of Transportation, Division of Highways. ---(g) All roads and streets situated in unincorporated suburban communities throughout the State which were built between July 1, 1951, and July 1, 1975, whether paved or unpaved, shall, upon dedication of a right-of-way to public use, henceforth be under the absolute care, management and control of the Department of Transportation, Division of Highways, and shall be maintained, repaired and reconstructed by the said Department of Transportation, Division of Highways. Said right-of-way shall be determined by the Department of Transportation, Division of Highways, in accordance with physical conditions, but in no case shall be less than 30 feet in width. Dedication of the right-of-way must occur prior to June 30, 1978, to qualify for the aforementioned responsibilities under the auspices of this section. ---(h) The Department of Transportation, Division of Highways, is hereby authorized and directed to immediately inventory all streets which may fall within this category and upon completion begin the necessary maintenance. Work to bring these roads up to proper standards, with due consideration for the immediate needs of certain areas, shall be undertaken as time and funds permit. ---(i) In connection with the Department’s review of subdivision proposals affecting the transportation system, it is authorized to collect fees for the costs of administering the subdivision approval process. The fees for such purposes shall be as follows: ---Initial stage fee: ---1. Plan review, residential subdivisions of 5 lots or more: $400 plus $10 per lot; ---2. Plan review, nonresidential property: $500 plus $20 per lot or $20 per 1,000 square feet of gross floor area, whichever is greater. ---Construction stage fee: ---1. Residential subdivisions of 5 lots or more: 125% of initial stage fee; ---2. Nonresidential property: 150% of initial stage fee. ---For review of residential subdivisions of 4 lots or less, in lieu of the staged fees set forth above, there shall be a single fee of $100. If all or a portion of the property subject to this fee is re-subdivided within 10 years of the payment of this fee, that subdivision shall be treated for fee purposes as if planned for 5 lots or more. All fees collected shall be deposited to the credit of the Transportation Trust Fund, established in Title 2. (40 Del. Laws, c. 107, §§ 1, 2; Code 1935, § 1645; 17 Del. C. 1953, § 131; 50 Del. Laws, c. 380, § 1; 53 Del. Laws, c. 39, § 4; 57 Del. Laws, c. 671, § 1C; 60 Del. Laws, c. 185, § 1; 60 Del. Laws, c. 450, § 1; 60 Del. Laws, c. 503, § 18; 63 Del. Laws, c. 130, § 1; 64 Del. Laws, c. 312, § 1; 71 Del. Laws, c. 150, § 82; 71 Del. Laws, c. 378, §§ 87, 88; 76 Del. Laws, c. 328, § 1.) § 132 General powers and duties. ---(a) The Department shall acquire full information concerning the roads of this State, the nature and improvement thereof, the needs thereof and the character and amount of traffic thereon and such other details as may be necessary or desirable for the Department to have in the performance of its duty of determining upon and laying out, without regard to any personal advantage or disadvantage or bias toward any person or persons, community or political party or organization, consistent and congruous route or routes of state highways with a view to establishing such a consistent, congruous, comprehensive and permanent system of state highways along the route or routes of travel as will accommodate the greatest needs of the people of this State. ---(b) The Department shall: ---(1) Determine upon, lay out, construct or reconstruct state highways so as to make roads which, with reasonable maintenance, shall be permanent; ---(2) Maintain all state highways under its jurisdiction; ---(3) Maintain a system of accounting adequate to give in detail the expenditures of the Department and the costs of its works; ---(4) Keep full and accurate minutes of all meetings and records of all proceedings of the Department, which minutes and records shall

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 be public records;
 ---(5) Reimburse the owner thereof for the expense (as hereinafter defined) of the relocation of public utility facilities necessitated by
 any project where the State is to be reimbursed by at least 90% of the cost of such project from federal funds or by the federal
 government or any agency thereof, such expense to be the amount paid by such owner properly attributable to such relocation after
 deducting therefrom any increase in the value of the new facilities and any salvage value derived from the old facilities;
 ---(6) Install on state land the tile necessary, in the opinion of the Department, to provide adequate entrances and exits to and from the
 property of adjoining landowners provided:
     ---a. The tile is supplied by the adjoining landowners;
     ---b. The tile conforms to the specifications established from time to time by the Department; and
     ---c. The property is a single residential lot occupied or to be occupied by the land owners and intended for residential use only; or
     ---d. The property is agricultural use land. “Agricultural use land” shall mean land devoted to the production for sale of plants and
     animals useful to humans, including but not limited to: Forages and sod crops; grains and feed crops; dairy animals and dairy
     products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the
     breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted
     to and meeting the requirements and qualifications for payments or other compensation pursuant to soil conversation program under
     an agreement with an agency of the federal government.
 ---Nothing contained in this subsection shall relieve the Department from the responsibility for replacing tile originally installed by the
 Department or any governmental agency and subsequently damaged by operations of the Department;
 ---(7) Maintain the Van Buren Street Bridge over the Brandywine Creek;
 ---(8) Provide relocation assistance to persons displaced as a result of the acquisition for highway purposes of real property upon which
 they live or conduct a business or farm operation in accordance with Chapter 91 of Title 29.

---(c) To these ends the Department may do the following: ---(1) Determine upon and lay out a system of state highways. ---(2) Take over and convert into state highways any public road by whatever name such road or part thereof, or under whatever authority or control such road or part thereof, may have theretofore existed. ---(3) Lay out, open, widen, straighten, grade, extend, construct, reconstruct, and maintain any state highway or proposed state highway for the purpose of the improvement of state highways. ---(4) Acquire by condemnation or otherwise any land, easement, franchise, material, or property, which, in the judgment of the Department, shall be necessary therefor, provided that the Department may not reconstruct a highway unless there will result a net saving or reconstruction, further provided that § 145 of this title may not be deemed to be inconsistent with the provisions under this paragraph (c)(4). ---(5) Have access to and make copies of maps, surveys, data, or information which any state agency may possess concerning any road in the State. ---(6) Employ and discharge professional or technical experts, surveyors, agents, assistants, clerks, employees and laborers, skilled and unskilled, and also such advisers and consultants as may be required to accomplish the purposes of the chapter and the other responsibilities of the Department. In the event that the size of the Capital Transportation Program requires overtime to administer in a timely manner, or in the event that: (i) The federal government makes available additional funding for transportation projects which are part of the Department’s Capital Transportation Program; and (ii) use of these funds in a particular federal fiscal year is required to access these funds; and (iii) overtime is required to administer the program within that federal fiscal year to assure the use of these funds, then for these purposes the Department may pay overtime moneys to those employed under this subsection, any relevant Delaware law, rule, or regulation to the contrary notwithstanding. ---(7) Secure and furnish offices and quarters for the Department. ---(8) Exclusively grant franchises and licenses to public service corporations or to corporations furnishing gasoline or petroleum products to the air field installation operated by the federal government in Kent County, to use the state highways, in whole or in part, for a term not exceeding 50 years; provided, however, that any franchise or license granted to any such corporation furnishing gasoline or petroleum products to said air field installation shall restrict the use of said state highways to the transmission of gasoline or petroleum products to said air field installation. Any franchise or license owned by any public service corporation on April 2, 1917, is not be affected by this chapter. ---(9) Make and enter into any and all contracts, agreements or stipulations for the execution of the purposes of this chapter. ---(10) Purchase all machinery, tools, supplies, material, and instrumentalities whatsoever which may be necessary for the full performance of its duties. ---(11) Call upon the Attorney General for the Attorney General’s opinion or advice touching its duties or powers. ---(12) Accept lands by easement or lease in the name of the State in areas where it is deemed necessary to establish dumping areas for the use of the public, supervise and control all areas so accepted and provide suitable passageways to the dumping areas and further, police the areas in order to prevent the spread of pests and disease and make such other regulations and rules as shall be deemed necessary for the purpose of carrying out the intent and purpose of this paragraph.

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 ---(13) Enter upon the lands or waters of any person for the purpose of surveys, repairs, reconstruction, and operation of publicly
 financed improvements but subject at all times to responsibility for all and any damages which shall be done to the property of any such
 person or persons. Water levels to be maintained back of publicly financed sluices, water control structures, dams, and similar structures
 shall be at a level that will not cause damage to adjoining property, such as seepage of water into basements and wells, and that no lands
 may be flooded without the owners’ full consent.
 ---(14) Place vending machines or other items that will enable drivers to be more rested and refreshed in safety roadside rest areas,
 unless prohibited by federal laws, rules, or regulations. Any profits derived from such items must be credited to the Department of
 Transportation Safety Roadside Rest Area Fund.
     ---a. There is hereby created within the State Treasury a special fund to be designated as the Department of Transportation Safety
     Roadside Rest Area Fund which must be used in the operation and maintenance of the roadside rest areas under the jurisdiction of the
     Department.
     ---b. Any profits realized by the Department from items available at existing roadside rest areas that are for the purpose of enabling
     drivers to be more rested and refreshed must be deposited in the State Treasury to the credit of said Department of Transportation
     Safety Roadside Rest Area Fund. Such profits must be used by the Department for the operation and maintenance of the safety
     roadside rest area facilities within its jurisdiction.

---(d) The Department may also do whatever is incidental and germane to the scope of the duties and powers conferred on it by law. ---(e) The general powers and duties conferred upon the Department by this section shall be exercised by it by the establishment and supervision of any and all policies pursuant to which such powers and duties shall be carried out. ---(f) Whenever the Department of Transportation widens, constructs or reconstructs any major arterial, minor arterial, collector road or proposed road in an urbanized area of this State, the Department shall incorporate within such plans, layout, widening, construction or reconstruction the construction of sidewalks, provided there is a need for sidewalks or that it can be reasonably anticipated that the need for sidewalks will exist. The Department shall have the responsibility for determining whether such need for sidewalks does or will exist for all or any part of any such project and, before arriving at a decision as to the need of such sidewalk construction, shall consult with the county department of planning, the State Planning Office, the Department of Education and the local school district in which the proposed new road construction or road widening construction is to take place. The cost of such sidewalk construction shall be included in the total cost of the new road construction or road widening project. This subsection shall apply only to projects funded pursuant to acts authorizing the State to borrow money and issue bonds and notes for capital improvements, enacted after January 1, 1973. ---(g) The Department shall have exclusive original supervision and regulation of all public carriers and also over their property, property rights, equipment, facilities, franchises, rates, fares, tariffs, regulations, practices, measurements and services. ---(h) The Department may work in conjunction with any political subdivision of the State and with any private organization to plan and construct such bicycle and pedestrian transportation facilities as may be appropriate. In carrying out this portion of its overall program, the Department may take into consideration in scheduling its projects those in which the affected local community is willing to contribute a matching share (whether in cash, rights of way, or other in-kind services) in order to accomplish the project. (29 Del. Laws, c. 63, § 5; Code 1935, § 5722; 17 Del. C. 1953, § 132; 49 Del. Laws, c. 262; 51 Del. Laws, c. 141, § 1; 51 Del. Laws, c. 328; 52 Del. Laws, c. 295; 53 Del. Laws, c. 39, §§ 5, 6, 13; 54 Del. Laws, c. 251; 55 Del. Laws, c. 14; 56 Del. Laws, c. 101; 57 Del. Laws, c. 327, § 1; 57 Del. Laws, c. 671, § 1F; 57 Del. Laws, c. 754, § 2; 58 Del. Laws, c. 585; 59 Del. Laws, c. 393, § 4; 60 Del. Laws, c. 386, § 1; 60 Del. Laws, c. 503, § 18; 62 Del. Laws, c. 384, § 1; 68 Del. Laws, c. 98, § 1; 68 Del. Laws, c. 156, § 47; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 65, § 19; 73 Del. Laws, c. 351, § 1; 75 Del. Laws, c. 98, § 95; 83 Del. Laws, c. 37, § 33.) § 133 Road improvements; additions to state system. ---With respect to roads or portions thereof, the Department shall determine which if any, shall be improved and which, if any, shall be added to the state highway system. (29 Del. Laws, c. 63; 34 Del. Laws, c. 81; Code 1935, § 5724; 17 Del. C. 1953, § 133; 53 Del. Laws, c. 39, § 7; 57 Del. Laws, c. 671, § 1G.) § 134 Authority in incorporated towns and cities; construction and maintenance of highways; local authority. ---(a) The Department shall have no power, authority or jurisdiction of the streets of any incorporated city or town, except as otherwise provided in this section, unless such power, authority and jurisdiction shall be voluntarily given and surrendered by such city or town to the Department and then only upon such terms as the Department shall prescribe. ---(b) When in the judgment of the Department the route for the construction or reconstruction of any state highway should continue through any incorporated city or town, the Department shall construct and maintain the highway through such incorporated city or town, such construction and maintenance to be at the sole expense of the Department. Whenever the Department shall construct a state highway through any incorporated city or town, it shall not change the widths of the streets of the city or town, except with the consent of the duly constituted governing body of the city or town. ---(c) Whenever the Department shall construct a state highway through an incorporated city or town, it shall have the whole and sole control over such construction and over the maintenance of the highway through the city or town, and such highway shall not be undermined, broken open or anywise torn up for any purpose, except by the permit in writing of the Department.

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---(d) With respect to state highways within their corporate limits, incorporated cities and towns in the State may erect and maintain such traffic control signals as shall be authorized by proper ordinance of the city or town and by the Department. ---(e) Local authorities, on the basis of an engineering study and traffic investigation within their respective jurisdictions, may prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways which prohibitions and limitations shall be posted as set forth in § 4505 of Title 21; except that the alteration of weights or the prohibitions of trucks or other commercial vehicles shall not be effective on any state-maintained highway until such alteration has been approved by the Department. ---(f) Local authorities, within their respective jurisdictions, may create “historic districts” which encompass 1 or more state-maintained roads, and the standards for traffic signs and traffic markings on any such road may be altered by the Department of Transportation to be more compatible with the time period of the historic district, unless: ---(1) The posted speed limit on the road is above 25 miles per hour; ---(2) There are more than 2 through-travel lanes on the road; ---(3) The road is a U.S. or Delaware route; or ---(4) The road has no reasonable alternative route which can adequately handle the traffic. ---Any traffic signs or traffic markings that are proposed under this subsection must be approved by the Department of Transportation. ---(g) Each rule and regulation adopted pursuant to this section shall be in the form of a resolution signed by the Secretary or the Secretary’s designee. A permanent record of these shall be kept by the Department and at the time of adoption a copy of each shall be forwarded to the Department of Safety and Homeland Security, to the New Castle County Police, if within their jurisdiction, and to the incorporated city or town in which the highway lies. ---(h) Pursuant to this section, the Department is authorized to perform all engineering studies and traffic investigations necessary to implement this section and Chapter 41 of Title 21, and to install, maintain, operate and remove all traffic-control devices necessary to comply with this section and Chapter 41 of Title 21. Where concurrent authority is granted, the incorporated town or city shall have the responsibility for traffic-control devices. ---(i) Nothing in this section shall be construed as granting to the Department or to the local jurisdiction the right to make any rules and regulations respecting the use of highways in incorporated areas contrary to the Code. (29 Del. Laws, c. 63, § 5; 30 Del. Laws, c. 69; 32 Del. Laws, c. 53; Code 1935, §§ 5722, 5728; 17 Del. C. 1953, § 134; 60 Del. Laws, c. 701, § 1; 66 Del. Laws, c. 127, §§ 1, 2; 74 Del. Laws, c. 110, § 138; 84 Del. Laws, c. 85, § 1.) § 135 Authority to construct dual and express highways. ---(a) The Department may divide or separate any state highway into separate roadways wherever there is particular danger to the travelling public of collision between vehicles proceeding in opposite directions or from cross traffic, by constructing curbs, central dividing parkways or other physical separations, or by signs, marks or other devices, in or on the roadway, appropriate to designate the dividing line. ---(b) The Department may designate as express highways, and control public or private access thereto, the westerly approach or approaches to the Delaware Memorial Bridge and any road or roads heretofore or hereafter constructed by the Department for the purpose of connecting such Bridge or its westerly approach or approaches with any existing highway in this State. (34 Del. Laws, c. 78; Code 1935, § 5758; 45 Del. Laws, c. 270; 46 Del. Laws, c. 127; 47 Del. Laws, c. 406, §§ 1, 3; 17 Del. C. 1953, § 135.) § 135A Authority to construct low-speed local streets and local roads. ---(a) The Department may plan, designate, construct, operate, and maintain low-speed local streets or roads to improve safety in accordance with a safe system approach by implementing proven safety countermeasures, including the following: ---(1) Implementing roadway reconfigurations. ---(2) Narrowing travel lanes or edge line striping. ---(3) Constructing raised medians, pinch points, chicanes, speed humps, speed tables, roundabouts, traffic circles, or diverters. ---(4) Implementing corridor access management. ---(5) Reducing clear zone conflicts. ---(6) Altering the operation of signals. ---(7) Other means found appropriate by the Department. ---(b) The Department shall design such designated low-speed streets or roads so that they have no more than 2 through-travel lanes for motor vehicles and with a goal that the free-flowing eighty-fifth percentile motor vehicle traffic speeds are 25 miles per hour or less in municipalities and 35 miles per hour or less in unincorporated areas. Such designated local streets and local roads shall be especially designed for local traffic to safely access abutting properties at low speed. In addition, the Department shall develop and implement design standards for low-speed streets or roads in accordance with a safe system approach to meet the goals of this section, including traffic calming, diversion of motor vehicle through traffic, and the protection of vulnerable users to reduce or eliminate safety risks on designated low-speed local streets and roads. ---(c) The Department shall publish annually county specific maps and lists identifying locations of fatal and serious injury crashes in all primary emphasis areas included in the Strategic Highway Safety Plan. ---(d) As used in this title, “safe system approach” means working in a comprehensive way and in cooperation with other Delaware state

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agencies, county, and local governments to improve all aspects of roadway safety through the following 5 initiatives: ---(1) Safe road users. — ---Providing education and training programs to improve behavior for all users of the road. ---(2) Safe vehicles. — ---In addition to the requirements under Title 21, implementing technologies in the roadway infrastructure that can prevent crashes or lessen their severity. ---(3) Safe speeds. — ---Setting and enforcing speed limits based on what the road and surrounding environment can safely accommodate for all roadway users. ---(4) Safe roads. — ---Designing and maintaining all elements of the State’s roadway infrastructure to be forgiving of user mistakes and minimize the impact of crashes on human life. ---(5) Post-crash care. — ---Implementing emergency response systems on the State’s roadway network and technology infrastructure to enable efficient delivery of critical care to those involved in crashes. (84 Del. Laws, c. 515, § 1.) § 136 Improvements of roads leading to institutions. ---The Department may widen, straighten, grade, reconstruct and otherwise improve and maintain any road, lane or entrance leading from any public road to any institution which is owned or controlled in whole or in part by the State. The Department shall have the same rights, powers and privileges for the purpose of performing and carrying out the duty hereby imposed as it has for the purpose of constructing state highways in general. (29 Del. Laws, c. 63, § 5B; 37 Del. Laws, c. 75; Code 1935, § 5729; 17 Del. C. 1953, § 136; 53 Del. Laws, c. 39, § 8; 57 Del. Laws, c. 671, § 1H.) § 137 Acquisition and sale of real property. ---(a) (1) The Department, in the name of the State, is authorized by law to acquire property and property rights, including rights to access, air, view, and light, for the purposes set forth in this section and within its jurisdiction. The Department may only acquire private or public property and property rights needed for the purposes listed in paragraph (a)(1)a. of this section and through the means listed in paragraph (a)(1)b. of this section. Property rights so acquired must be in fee simple absolute or such lesser interest as the Department may deem appropriate. Except as provided in paragraph (a)(2) of this section, no acquisition of real property or property rights may be made without Department approved final right-of-way plans by parcel depicting the proposed acquisitions and that approval coming only after the project has been developed and plans prepared in accordance with all applicable governing laws, rules and regulations pertaining to the development of transportation projects. ---a. The Department, in the name of the State, may only acquire private or public property and property rights needed for the following purposes: ---1. To provide public throughfares such as pathways, roads, streets, or highways. ---2. To preserve the traffic capacity in existing thoroughfares in accordance with § 145(d) of this title. ---3. For sidewalks, bus shelters, parking areas in support of public transit, maintenance yards, and similar public transportation related facilities. ---b. The Department, in the name of the State, may acquire private or public property rights through any of the following means: ---1. By gift. ---2. By devise. ---3. By purchase. ---4. By the exercise of the power of eminent domain where the private or public property and property rights may be acquired by condemnation by proceeding in the manner prescribed in Chapter 61 of Title 10. ---5. Be authorized by law to acquire such property or property rights for the purposes set forth in this section and within its jurisdiction. ---(2) The acquisition of real property by the Department in advance of final right-of-way plan approval, shall be reviewed by a committee consisting of the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of the Department of Transportation, the Secretary of the Department of Agriculture, the Director of the Division of Small Business, the Governor’s Chief of Staff, a member of the Senate designated by the President Pro Tempore of the Senate, a member of the House of Representatives designated by the Speaker of the House of Representatives, a member of the public designated by the President Pro Tempore of the Senate and a member of the public designated by the Speaker of the House of Representatives to determine the consistency of such action with the State’s overall goals for land use planning. If it determines that the acquisition will be inconsistent with State planning goals, the committee may disapprove the acquisition. ---(3) The Department shall provide to the Governor and General Assembly, on or before December 31 of each year, a report identifying all properties acquired in the preceding 12 month period in connection with acquisitions made pursuant to paragraph (a)(2) of this

Page 7 Title 17 - Highways

 section.
 ---(4) For the purposes of acquiring real property for pathways that go through dedicated open space in a recorded residential
 subdivision, where the proposed pathway is not adjacent to the existing right of way, the Department is not authorized to exercise its
 eminent domain power to acquire land for such pathway, unless a majority of the residents of the recorded residential subdivision vote
 to approve within 90 days of notice of its intent to exercise its eminent domain power by the Department. There will be 1 ballot per
 residence and the ballot may be cast by paper ballot, by proxy, by signing a petition, or electronically from a confirmed valid email
 address for a resident.

---(b) When any property heretofore or hereafter acquired by the Department by gift, devise, purchase or condemnation is no longer needed for transportation purposes the Department shall attempt to dispose of the property as follows: ---(1) If at the time of the Department’s determination to dispose of the property, the property is subject to a revenue producing lease agreement which has been in force for a period of at least 5 years, the Department shall, in writing, notify the tenant that the property is no longer needed for transportation purposes. Such notice shall inform the tenant of the Department’s desire to sell the property, and include a copy of the Department’s approved appraisal and a purchase agreement containing the terms and conditions for sale to the tenant. The sale price shall not be less than the approved appraised value. If the tenant elects to purchase the property, the tenant shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the tenant has, in writing, waived any desire to purchase the property, or if the property is subject to multiple leases. Failure of the tenant to respond to the notice within 30 days shall constitute a waiver of the tenant’s rights hereunder. ---(3) If the provisions of paragraphs (b)(1) and (2) of this section have been satisfied without sale, the Department shall determine if the property has independent utility and in such cases shall offer the property for sale to the general public at a public auction sale. The Department shall notify the public of the sale by posting a “Notice of Sale” on the property at least 2 weeks before the sale and by publishing a “Notice of Sale” for at least 1 day a week for 2 consecutive weeks in a newspaper having general circulation in the county where the property is located. The “Notice of Sale” shall describe the property to be sold, state the date, time, location of the sale, terms and conditions, and amount of the minimum acceptable bid. The public sale may be conducted by Department personnel or the Department may retain an outside contractor to handle the sale. At the conclusion of the sale, the Department’s representative shall announce the name of the highest bidder and the amount of the bid. The Department’s representative shall record the results of the sale including the name and amount of the next highest bid. The Department shall have the authority to accept or reject the highest bid as long as such bid is equal to or greater than 85 percent of the approved appraised value. The Department shall offer the property for sale at a price not less than 85 percent of the approved appraised value and shall reject any bid of a lesser amount. The Department may reject any bid for due cause. If the sale is confirmed and the highest bidder defaults, the Department may proceed to the next highest acceptable bidder. In the event that the Department does not receive an acceptable bid, the public sale shall be deemed concluded. The Department may proceed to dispose of the property through absolute auction for whatever price can be obtained, subject, however, to unanimous written approval of the selling price from the Controller General and the Director of the Office of Management and Budget. ---(5) Notwithstanding any other provisions of this section, the Department may convey property by direct sale or trade to an owner of other property which is being acquired for transportation purposes. Such sale shall not abridge the provisions of paragraphs (b)(1) and (2) of this section. The Department shall receive in return a price and/or compensatory property valued at not less than the approved appraised value. ---(6) Notwithstanding any other provisions of this section, the Department may convey property by direct sale to a public utility company when such property is needed for public utility purposes, provided the Department receives in return a price not less than the approved appraised value. ---(7) a. Notwithstanding any other provisions of this section, the Department may convey property to other governmental entities for public purposes, on terms acceptable to the Department and other agency. ---b. Notwithstanding any other provisions of this section or Chapter 9 of Title 3, the Department may convey property to the Delaware Agricultural Lands Preservation Foundation on terms acceptable to the Department and the Foundation. ---c. Notwithstanding any other provisions of this section or Chapter 75 of Title 7, the Department may convey property to the Delaware Open Space Council on terms acceptable to the Department and the Council. ---(8) As used in this subsection, “approved appraised value” shall mean: ---(2) If the provisions of paragraph (b)(1) of this section d

Del. Code § title21

Legislative Council, General Assembly State of Delaware

                                             Title 21
                                      Motor Vehicles

                                                         Part I
                                                    General Provisions
                                             Chapter 1
                                            Definitions

§ 101. Words and phrases [For application of this section, see 85 Del. Laws, c. 40, § 15]. For the purposes of this title, unless the context otherwise clearly indicates: (1) “All terrain vehicle” or “ATV” means an “off-highway vehicle” or “OHV” that is motorized and designed to travel on 4 low- pressure tires and having a seat to be straddled by the operator and handlebars for steering control. “ATV” does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, electric personal assistive mobility device or a registered aircraft. (2) “Autocycle” means a 3-wheel vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride it. (3) “Automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. (4) “Axle load scale” means a scale having a platform adapted to determine the combined weight of all wheels on a single axle or of all wheels on a tandem or tri-axle of a vehicle. (5) “Bicycle” shall include that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the driver normally rides astride, which have not in excess of 3 wheels and which may be commonly known as unicycles, bicycles and tricycles. (6) “Business district” means the territory contiguous to and including a highway when 50 percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business. (7) “Camping trailer” includes any nonmotorized vehicular portable unit mounted on wheels and designed to provide temporary living quarters for recreational, camping or travel use. A “camping trailer” may be constructed with or without collapsible partial side walls that fold for towing by another vehicle and unfold in set-up mode, however, the trailer must weigh 5,000 pounds or less. (8) “Certificate of origin” means the document, in the form prescribed by the Director of the Division of Motor Vehicles, issued in conformance with this chapter certifying the manufacturer’s vehicle identification number and the motor number, when used, of the motor vehicle sold, the name of the manufacturer, the manufacturer’s shipping weight, a general description of the body, if any, and the type and model. (9) “Chauffeur” includes every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. (10) “Combination of vehicles” means any series of trucks, truck tractors, trailers or semi-trailers connected to each other by whatever means. (11) “Commercial vehicle” means a vehicle of a type required to be registered under this title designed, used or maintained for the transportation of persons or property for hire, compensation or profit, except taxicabs. (12) “Competition vehicle” is a vehicle that is specifically designated by its manufacturer as being intended solely for use during a special or competition event, and which is exclusively so used. (13) “Covered heavy-duty tow and recovery vehicle” means any vehicle transporting a disabled vehicle from the place where the disabled vehicle became disabled to the nearest appropriate repair facility and that has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported. (14) “Crane” means any self-propelled vehicle to which has been permanently mounted or attached any crane, whether or not such vehicle was originally a truck, tractor or other type of motor vehicle or was designed and built as a complete crane unit; but the word “crane,” as herein defined, shall not be construed to mean any truck or other vehicle equipped with or to which has been affixed any device used for the purpose of providing a means for towing other vehicles. (15) “Dealer” includes every person engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers in this State and having an established place of business in this State. (16) “Decal” means the self-adhesive sticker issued by the Department bearing the registration number assigned to an off-highway vehicle. (17) “Department” means the Department of Transportation of this State acting directly or through its duly authorized officers and agents. (18) “Electric bicycle” means a bicycle with 2 or 3 wheels that is equipped with fully-operable pedals, a saddle or seat for the rider, and an electric motor of less than or equal to 750 watts that meets the requirements of 1 of the following 3 classes: a. “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour or less.

Page 1 Title 21 - Motor Vehicles

     b. “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the
  bicycle, and that ceases to provide assistance when the bicycles reaches the speed of 20 miles per hour or less.
     c. “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider
  is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of no less than 20 miles per hour and no more
  than 28 miles per hour.
  (19) “Electric motor vehicle” means a motor vehicle which is powered only by electric or electromagnetic motors.
  (20) “Electric personal assistive mobility device” (EPAMD) means a self-balancing, 2-nontandem-wheeled device designed to

transport only 1 person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less. (21) “Electronic” or “electronically” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. (22) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (23) “Essential parts” means all integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle. (24) “Express highway” means a state highway especially designed for through traffic over which owners of abutting property shall have no easement or right of direct access, light or air, by reason of the fact that such property abuts such highway. (25) “Farm equipment” means an implement that: a. Is designed and adapted only for agricultural, horticultural or livestock raising operations; or b. Is designed and adapted only for lifting or carrying an implement described in paragraph (25)a. of this section. (26) “Farm tractor” includes every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry. (27) “Federal-aid primary system highway” includes any roadway designated by the United States Secretary of Transportation as part of the federal-aid primary system in existence on June 1, 1991, as amended, that can safely accommodate the applicable vehicle widths and lengths provided under 49 U.S.C. § 31111 and 49 U.S.C. § 31113. (28) “Foreign vehicle” includes every motor vehicle, trailer or semitrailer which is brought into this State otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this State. (29) “Highway” means the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions. (30) “Intersection” means the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of 2 or more highways which join one another at an angle, whether or not 1 such highway crosses the other. (31) “Judgment” includes any judgment which has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof or upon a cause of action on an agreement of settlement for such damages. (32) “Jurisdiction” shall mean any state, territory or federal district of the United States or a foreign country. (33) “License” means any license, temporary instruction permit or temporary license issued under the laws of this State pertaining to the licensing of persons to operate motor vehicles. (34) “Licensed practitioner” means a physician, physician assistant (PA), or APRN licensed under Title 24. (35) “Local authorities” includes every county, municipal and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State. (36) “Low speed motorized scooter” means any motorized scooter that cannot travel more than 15 miles per hour. (37) “Manufacturer” includes every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers or OHVs. (38) “Metal tires” means all tires the surface of which on contact with the highway is wholly or partly of metal or other hard, nonresilient material. (39) “Mobile home” is a structure transportable in 1 or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or when erected on-site, is more than 400 square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating and air conditioning. The structure must be constructed in accordance with construction requirements promulgated by the federal Department of Housing and Urban Development (HUD). (40) “Moped” means a pedal or nonpedal bicycle having 2 tandem wheels, either of which is 10 inches or more in maximum diameter, and having an internal combustion engine characterized in that the maximum piston displacement is less than 55cc, or an electric motor

Page 2 Title 21 - Motor Vehicles

that may be used exclusively to propel the bicycle at a speed of more than 20 miles per hour or, if the rider is pedaling, continues to provide assistance even when the bicycle reaches a speed of more than 28 miles per hour. “Moped” does not include an electric bicycle. (41) “Motorcycle” includes every motor vehicle designed to travel on not more than 3 wheels in contact with the ground, except any such vehicle as may be included within the definition of “autocycle” or “tractor” and excepting electric personal assistive mobility device (EPAMD) and electric bicycle. (42) “Motorized skateboard or scooter” means any device that is designed to travel on at least 2 wheels with the deck or chassis of such device open and close to the ground, that has handlebars or a hand-controlled throttle or brake, that is designed to be stood or sat upon by the operator, and that is powered by a motor that is capable of propelling the device without human propulsion. “Motorized skateboard or scooter” shall not include any automobile or device that is included within the definitions of “moped,” “motorcycle,” “off-highway vehicle (OHV),” any type of “tractor,” “triped,” “motorized wheelchair,” “electric bicycle,” or “electric personal assistive mobility device (EPAMD)” set forth in this section. (43) “Motorized wheelchair” includes any self-propelled vehicle which is incapable of a speed in excess of 8 miles per hour and which is designed for, and used by, a handicapped person. (44) “Motor vehicle” includes every vehicle, as defined in this section, which is self-propelled, except farm tractors, electric bicycles, electric personal assistive mobility devices, and OHVs. (45) “Multiple draft weighting” means separately weighing each end or individual element of a vehicle or combination of vehicles and adding together the results obtained. (46) “Natural gas vehicle” means a vehicle operated by an engine that is fueled primarily by natural gas. (47) “Non-plug-in electric vehicle” means a motor vehicle powered by both an internal combustion motor which uses gasoline, diesel, or another fuel that is subject to the provisions of Chapter 51 of Title 30 and an electric or electromagnetic motor or form of propulsion, which is recharged during the operation of the motor vehicle and is not able to be recharged using a charging port and external power source, such as an electrical outlet or charging station to recharge the vehicle’s batteries. (48) “Nonresident” means every person who is not a resident of this State. (49) “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the nonresident of a motor vehicle or OHV, or the use of a motor vehicle or OHV owned by the nonresident, in this State. (50) “Off-highway vehicle” or “OHV” means a motor driven off-road vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, a multi- wheel drive or low pressure tire vehicle, a motorcycle or related 2-wheel vehicle, an amphibious machine, a ground effect air-cushion vehicle or other means of transportation deriving motive power from a source other than muscle or wind. “OHV” does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, electric bicycle, electric personal assistive mobility device or a registered aircraft. However, nothing in this chapter shall be construed to include snowmobiles. (51) “OHV dealer” includes every person engaged in the business of buying, selling or exchanging off-highway vehicles in that portion of this State located north of the Chesapeake and Delaware Canal. Persons offering OHVs for final delivery in that portion of this State located north of the Chesapeake and Delaware Canal through direct-mail order or through a catalog-order facility, regardless of where located, are considered to be OHV dealers and subject to this chapter. (52) “OHV operator” includes every person who is in actual physical control of an off-highway vehicle. (53) “Operator” includes every person who is in actual physical control of a motor vehicle upon a highway, except that for the purposes of Chapter 29 of this title the term “operator” shall include a chauffeur. (54) “Organized or special event” is any competition involving motor vehicles that is conducted under the auspices of a recognized sanctioning body or under the authority of a governmental agency having jurisdiction over the area concerned. (55) “Other fuel vehicle” means a motor vehicle other than an electric motor vehicle, plug-in electric vehicle, or non-plug-in electric vehicle, that is powered by an engine or motor which does not function solely on gasoline, diesel, or other fuel subject to the provisions of Chapter 51 of Title 30. It includes a motor vehicle that operates using liquified petroleum gas, propane, natural gas, ethanol, methanol, hydrogen, or another combustible fuel source. (56) “Overweight vehicle” means any vehicle having a gross weight, including load thereon, in excess of that permitted by law; including, but not limited to, a gross weight in excess the weight for which a valid registration has been issued. (57) “Owner” means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title. (58) “Park trailer” is a vehicle more than 8 body feet in width that is primarily designed to provide temporary living quarters for recreation camping or seasonal use; built on a single chassis mounted on wheels which has a gross trailer area not exceeding 400 square feet in the set-up mode and is certified by the manufacturer as complying with ANSI 119.5 standard.

Page 3 Title 21 - Motor Vehicles

  (59) “Person” means any individual, partnership, corporation, joint venture or legal entity of whatever nature.
  (60) “Plug-in electric vehicle” means a motor vehicle powered by both an internal combustion motor which uses gasoline, diesel, or

another fuel that is subject to the provisions of Chapter 51 of Title 30 and an electric or electromagnetic motor or form of propulsion, which is recharged using a charging port and external power source, such as an electrical outlet or charging station. (61) “Pneumatic tires” means all tires inflated with compressed air. (62) “Private road or driveway” includes every road or driveway not open to the use of the public for purposes of vehicular travel. (63) “Proof of financial responsibility” means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof arising out of ownership, maintenance or use of a motor vehicle in the amount of $25,000 because of bodily injury to or death of 1 person in any 1 accident, and, subject to such limit for 1 person, in the amount of $50,000 because of bodily injury to or death of 2 or more persons in any 1 accident and in the amount of $10,000 because of injury to or destruction of property of others in any 1 accident, or a combined single limit of $60,000. (64) “Reconstructed vehicle” means any vehicle which has been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types, or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. (65) “Recreational trailer” includes every trailer which weighs more than 5,000 pounds, is designed to provide temporary living quarters and which is built into and is an integral part of, or permanently attached to, a trailer chassis. The trailer must contain permanently installed independent life support systems which meet the ANSI/NFPA 501 C Standard [ANSI A119.2/NFPA 501C], and provide at least 4 of the following facilities: Cooking facilities; refrigeration or ice box; self-contained toilet; heating and/or air conditioning; a portable water supply system, including a faucet and sink; separate 110-125 volt electrical power supply; or an LP- gas supply. (66) “Recreational vehicle” includes every motor vehicle used for temporary human living quarters, not the residence of the owner or occupant, and used for recreational or vacation activities, including motor homes, self-propelled campers and other motor vehicles with permanently attached camper components. Recreational vehicle may also include every van which is used primarily for personal pleasure and not for commercial use, regardless of the equipment or furnishings contained within such van. (67) “Registration” means the registration certificate or certificates and registration plates issued under the laws of this State pertaining to the registration of motor vehicles. (68) “Residence district” means the territory contiguous to and including a highway not comprising a business district where 50 percent or more of the property on such highway for a distance of 300 feet or more is improved with residences or residences and buildings in use for business. (69) “Right-of-way” means the privilege of the immediate use of the highway. (70) “Road tractor” includes every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn. (71) “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes 2 or more separate roadways, the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively. (72) “Safety zone” means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. (73) “Scale” means a device used to determine or calculate weight. (74) “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under § 2901 of Title 14. “School bus” does not include a bus used as a common carrier. (75) “Secretary” means the Secretary of Transportation of this State or the Secretary’s duly authorized designee. (76) “Semitrailer” includes every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, and piling and pole trailers are to be considered to fall within the meaning of this definition. (77) “Single draft weighing” means weighing of the entire vehicle at 1 time by use of vehicle scales, axle load scales, wheel load weighers or any combination of these weighing devices. (78) “Solid rubber tire” includes every tire made of rubber other than a pneumatic tire. (79) “Special construction equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus, road construction or maintenance machinery such as asphalt spreaders, air compressors and drills, bituminous mixers, bucket loaders, tractors other than truck tractors, levelling graders, finishing machines, road rollers, scarifiers, earth-moving scrapers and

Page 4 Title 21 - Motor Vehicles

carryalls, welders, power shovels and drag lines, self-propelled cranes, earth-moving equipment and construction box storage trailers (except when such trailers are used for transporting merchandise). The term does not apply to dump trucks, truck mounted transit mixers, tow trucks or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached. (80) “Specially constructed vehicle” means any vehicle which has not been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles. (81) a. “Special mobile equipment” means a motor vehicle that: (1) Is not used primarily for highway transportation of people or property; (2) Is operated or moved on a public highway or road only as an incident to its nonhighway use; (3) Is used in agriculture; (4) Is not operated at speeds greater than 30 miles per hour on the highway; and (5) Does not travel a distance of greater than 50 miles on the highway on any 1 trip. b. “Special mobile equipment” excludes a road construction or maintenance machine, mobile crane, ditch digger, well driller, concrete mixer, job-site office vehicle or portable power generator. (82) “State” includes a state, territory, organized or unorganized, or district of the United States of America, except that for the purposes of Chapter 29 of this title the term “state” shall include any province of the Dominion of Canada. (83) “Taxicab” includes every self-propelled motor vehicle as defined in § 1801(12) of Title 2. (84) “Trackless trolley coach” includes every device for passenger transportation (commonly called an electric trackless trolley coach) equipped with tires of rubber or other resilient material, not operated on rails, propelled by electrical energy supplied through overhead wires, which device may also contain auxiliary means for self-propulsion by a motor using gasoline, oil or other similar fuel. (85) “Trackless trolley operator” includes every person who is in actual physical control of any trackless trolley coach upon a highway. (86) “Trailer” includes a mobile home, park trailer, travel trailer, house trailer, office trailer, camping trailer or any vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle. (87) “Transporter” means a person engaged in the business of transporting mobile homes or vehicles within Delaware under contract with another entity or individual. “Transporter” does not include a person engaged in the transfer of motor vehicles that are registered for operation on the road in any state, but does include a person engaged in the following: a. Delivering mobile homes or vehicles from a manufacturing, assembling, or distributing plant to a point of destination for the purpose of weighing, testing, transporting, or delivering such mobile home or vehicle. b. Delivering mobile homes or vehicles for the purpose of moving such vehicles in connection with making installations, improvements, or repairs to such vehicles. c. Delivering unregistered motor vehicles from a licensed motor vehicle dealer to another licensed motor vehicle dealer or licensed motor vehicle repair facility. (88) “Triped” shall mean a pedal or nonpedal cycle having 3 wheels, either of which is 10 inches or more in maximum diameter, and having an internal combustion motor characterized in that the maximum piston displacement is less than 55 cc, or an electric motor rated between 751 watts and 2,000 watts. “Triped” does not include electric bicycle. (89) “Truck camper” includes any portable unit that is constructed to provide temporary living quarters for recreational, camping or travel use, consisting of a roof, floor and sides, which is designed to be loaded onto and unloaded from the bed of a pickup truck. (90) “Truck tractor” includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (91) “Unique vehicle” means a vehicle, frame, or body, which was not manufactured to meet all Federal Motor Vehicle Safety Standards (FMVSS) in effect for the model year in which it was manufactured. It includes a vehicle which at the time of registration does not meet the requirements of the Department of Natural Resources and Environmental Control (DNREC) emissions inspection program under 7 DE Admin. Code 1126 or 1131. A unique vehicle may be registered and branded by the Division of Motor Vehicles and may have special restrictions as determined by the Division. A unique vehicle includes a vehicle which is more than 25 years old, which was not originally manufactured for import into the United States, or which is not otherwise eligible to be titled and registered pursuant to Chapter 21 of this title. (92) “Used vehicle” includes every motor vehicle or OHV which has been sold, bargained, exchanged, given away or title transferred from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer and so used as to have become what is commonly known as “secondhand” within the ordinary meaning thereof. (93) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks and excepting electric trackless trolley coaches, electric bicycles, electric personal assistive mobility devices and excepting OHVs. (94) “Vehicle scale” means a scale adapted to weighing highway vehicles and possessing a platform on which all wheels of a vehicle may rest simultaneously.

Page 5 Title 21 - Motor Vehicles

  (95) “Well-drilling machine” means any self-propelled vehicle to which has been permanently mounted or attached any rig or other

equipment used for the purpose of drilling wells, whether or not such vehicle was originally a truck, tractor or other type of motor vehicle or was designed and built as a complete well-drilling unit. (96) “Wheel load weigher” means a scale especially adapted to determine the weight of any single or set of wheels on a vehicle. (97) “When children are present” shall, when posted in conjunction with speed limitation signage in a school zone, refer to that period of time immediately before, during or immediately after a scheduled school day during which children are physically present along, adjacent to, or crossing the regulated roadway of the school zone. The phrase shall not refer to the presence of children in the school building as the time for imposition of the speed restriction. (36 Del. Laws, c. 10, §§ 1, 85, 86; 37 Del. Laws, c. 10, § 2; Code 1935, §§ 5539, 5623, 5719ii; 41 Del. Laws, c. 220, § 1; 42 Del. Laws, c. 166, § 1; 43 Del. Laws, c. 249, § 1; 44 Del. Laws, c. 194, § 1; 45 Del. Laws, c. 281, § 1; 46 Del. Laws, c. 270, § 2; 47 Del. Laws, c. 17, § 1; 47 Del. Laws, c. 133; 47 Del. Laws, c. 406, § 2; 48 Del. Laws, c. 305, § 1; 48 Del. Laws, c. 359, § 1; 21 Del. C. 1953, § 101; 54 Del. Laws, c. 160, §§ 3, 4; 57 Del. Laws, c. 188, § 24; 57 Del. Laws, c. 670, § 5; 58 Del. Laws, c. 112, § 2; 58 Del. Laws, c. 517; 59 Del. Laws, c. 57, § 1; 60 Del. Laws, c. 701, § 6; 61 Del. Laws, c. 63, § 1; 61 Del. Laws, c. 142, §§ 1-5; 62 Del. Laws, c. 114, § 1; 62 Del. Laws, c. 150, § 1; 62 Del. Laws, c. 151, § 1; 62 Del. Laws, c. 237, § 1; 62 Del. Laws, c. 249, § 1; 62 Del. Laws, c. 389, §§ 1-3; 63 Del. Laws, c. 414, § 1; 64 Del. Laws, c. 198, § 3; 64 Del. Laws, c. 207, § 1; 64 Del. Laws, c. 259, § 1; 64 Del. Laws, c. 339, § 1; 65 Del. Laws, c. 340, § 1; 66 Del. Laws, c. 58, §§ 1, 2; 66 Del. Laws, c. 254, §§ 1, 2; 69 Del. Laws, c. 217, § 1; 69 Del. Laws, c. 454, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 234, § 1; 73 Del. Laws, c. 346, §§ 1-5; 74 Del. Laws, c. 110, §§ 7, 8, 9; 74 Del. Laws, c. 133, § 3; 74 Del. Laws, c. 282, § 1; 75 Del. Laws, c. 251, §§ 1, 2; 76 Del. Laws, c. 334, § 2; 77 Del. Laws, c. 141, § 8; 77 Del. Laws, c. 312, § 8; 77 Del. Laws, c. 411, § 1; 78 Del. Laws, c. 106, § 1; 79 Del. Laws, c. 397, §§ 1, 2; 80 Del. Laws, c. 136, § 1; 80 Del. Laws, c. 168, § 1; 81 Del. Laws, c. 306, § 1; 82 Del. Laws, c. 93, § 1; 83 Del. Laws, c. 505, § 1; 84 Del. Laws, c. 302, § 1; 84 Del. Laws, c. 304, § 1; 84 Del. Laws, c. 332, § 1; 85 Del. Laws, c. 40, § 1; 85 Del. Laws, c. 161, § 1.)

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                                                          Part I
                                                     General Provisions
                                           Chapter 3
      Department of Public Transportation and Department of Safety and Homeland Security

§ 301. General duty of Departments. The Department of Transportation and/or the Department of Safety and Homeland Security, in keeping with their respective responsibilities, and all officers thereof shall enforce this title, unless otherwise designated in this title or by other laws of this State. (36 Del. Laws, c. 10, § 3; Code 1935, § 5541; 21 Del. C. 1953, § 302; 74 Del. Laws, c. 110, § 11.) § 302. Rules and regulations. (a) The Secretary of Transportation and/or the Secretary of Safety and Homeland Security, in keeping with their respective responsibilities, may adopt and enforce such administrative rules and regulations and designate such agencies as may be necessary to carry out this title. The Secretary of Transportation and/or the Secretary of Safety and Homeland Security, in keeping with their respective responsibilities, may also adopt and enforce such rules and regulations relative to equipment, weight, size and operation of motor vehicles, provided such rules and regulations are not contrary to a positive law, as may be necessary and proper in order to conform to the rules and regulations of the Interstate Commerce Commission and in order to establish a more uniform Motor Vehicle Code and more uniform traffic rules and regulations. No rule or regulation adopted pursuant to the authority granted by this section shall extend, modify or conflict with any law of this State, or the reasonable implications thereof. (b) Any rules, regulations, procedures or agreements enacted, authorized or entered by the Secretary of Public Safety prior to July 1, 2003, shall remain in effect until such time as these rules, regulations, procedures or agreements are replaced, terminated or amended by the appropriate departmental Secretary. (36 Del. Laws, c. 10, § 3; Code 1935, § 5541; 43 Del. Laws, c. 243, § 1; 21 Del. C. 1953, § 305; 57 Del. Laws, c. 670, § 6D; 67 Del. Laws, c. 344, § 7; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, §§ 12, 13.) § 303. Forms. The Secretary shall provide suitable forms for applications, registration cards, license number plates and all other forms required for the purposes of this title and shall prepay transportation charges thereon. (36 Del. Laws, c. 10, § 3; Code 1935, § 5541; 43 Del. Laws, c. 243, § 1; 21 Del. C. 1953, § 306; 57 Del. Laws, c. 670, § 6D.) § 304. Examiners for operators’ licenses; appointment; use of local officers. (a) The examiners of applicants for operators’ licenses shall be appointed by and shall be under the supervision of the Secretary. (b) The Department may designate local officers of the law or may appoint persons within this State to act for the Department for the purpose of examining applicants for operators’ licenses. Such persons so designated or appointed shall conduct the examinations of the applicants for operators’ licenses in the manner prescribed by the Department under this title and shall make a written report of the findings and recommendations upon such examinations to the Department. (36 Del. Laws, c. 10, § 60; 37 Del. Laws, c. 10, §§ 18, 19; Code 1935, § 5598; 21 Del. C. 1953, § 308; 57 Del. Laws, c. 670, § 6D; 62 Del. Laws, c. 190, § 1.) § 305. Privacy act governing the release of motor vehicle driving history and license records. (a) In general. — Except as provided in subsections (b), (d), (e) and (i) of this section, the Division of Motor Vehicles and any officer, employee or contractor thereof or any other person shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the Division in connection with a motor vehicle record. Only driver license and driver performance records which are 3 years old or less shall be made available to authorized persons or agencies, except persons requesting their own records, law-enforcement officers, the courts and other motor vehicle jurisdictions may also have access to those records and to vehicle title and registration information which are over 3 years old and are being retained by the Division. Division motor vehicle records can be transmitted to other motor vehicle jurisdictions electronically over authorized networks. (b) Permissible uses. — Personal information referred to in subsection (a) of this section shall only be disclosed for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts and motor vehicle dealers by motor vehicle manufacturers; maintenance of voter registration records; and removal of nonowner records from the original owner records of motor vehicle manufacturers; maintenance of voter registration records to carry out the purposes of the Automobile Information Disclosure Act [15 U.S.C. § 1231 et seq.], the Motor Vehicle Information and Cost Saving Act [repealed], the National Traffic and Motor Vehicle Safety Act of 1966 [repealed], the Anti-Car Theft [Act] of 1992 [P.L. 102-519] and the Clean Air Act [42 U.S.C. § 7401 et seq.]. Personal information may be disclosed only upon proof of the identity of the person requesting the record or records and sworn representation by such person that the released personal information will be strictly limited to 1 or more of the following described uses:

Page 7 Title 21 - Motor Vehicles

   (1) For use by any government agency, including any court, state election agency or law-enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf of a government agency, in carrying out its functions.
   (2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts and motor vehicle dealers; motor
vehicle market research activities, including survey research; and removal of nonowner records from the original owner records of
motor vehicle manufacturers.
   (3) For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:
      a. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors;
   and
      b. If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the
   purposes of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual.
   (4) For use in connection with any civil, criminal, administrative or arbitration proceeding in any federal, state or local court or
agency or before any self-regulating body, including the service of process, investigation in anticipation of litigation and the execution
or enforcement of judgments and orders or pursuant to an order of a federal, state or local court.
   (5) For use in research activities and for use in producing statistical reports, so long as the personal information is not published,
redisclosed or used to contact individuals.
   (6) For use by any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors, in
connection with claims investigation activities, anti-fraud activities, rating or underwriting.
   (7) For use in providing notice to the owners or lien holders of towed or impounded vehicles.
   (8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
   (9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license
that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. § 31101 et seq.).
   (10) For use in connection with the operation of private toll transportation facilities.
   (11) Persons requesting their own records, law-enforcement officers, judicial and other motor vehicle jurisdictions through the
supporting information networks may have access to all records retained by the Division.
   (12) [Repealed.]
   (13) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation
of a motor vehicle or public safety.
(c) Requests for additional protection of personal information. — A person may submit a notarized affidavit to be supplied by the

Division requesting that person’s address, phone number and social security number contained in the driver or vehicle records of the Division be kept confidential except from those named in paragraphs (b)(1), (2) and (6) of this section. The affidavit must swear or affirm that the request is being made because of the person’s fear of harm from another individual to themselves, a family or household member or their property. A properly submitted notarized affidavit satisfying these conditions shall be honored by the Division and shall remain in effect until the record is purged from the Division’s files or until the requesting person submits written notice requesting the release of that person’s personal information. This section does not prohibit the Division from the normal practice of returning a vehicle title with personal information displayed to a lienholder or lessor. In addition, the Division may return a vehicle title and registration card to a dealership who has submitted the title application for their customer. (d) Court approval for release of information. — Persons or agencies other than those named in subsections (b) and (c) of this section shall be prohibited from acquiring any information pertaining to an individual’s address, telephone number, vehicle title, vehicle registration, driver license and driver performance that is in the possession of the Division of Motor Vehicles except in the following case: Any individual who can show that there is a lawful need for the prohibited information and that the information cannot be reasonably acquired through any alternate means may present such evidence to the administrative hearing officer of the Division of Motor Vehicles. Upon consideration of the evidence presented, the administrative hearing officer may then in the administrative hearing officer’s discretion provide an order for the release of part or all of the requested information from the Division of Motor Vehicles to the requesting individual. In this instance, the Division shall send by United States mail notification to any individuals identified in subsection (c) of this section whose information has been requested that the administrative hearing officer has ordered the release of such information and that such information will be furnished to the requesting party. Upon denial of the request, the individual may file a de novo appeal to the Justice of the Peace Courts. Upon receipt of the application fee of $10 from the individual, the Justice of the Peace Court, in its discretion, may order the release of part or all of the requested information by the DMV to the requesting individual. The Division shall notify the individuals by United States mail if the Justice of the Peace Court orders release of part or all of the requested information. (e) Disclosure with consent. — Personal information may be disclosed to any person requesting such information if such person demonstrates, in such form and manner as the Department prescribes, that the person has obtained a notarized, written consent from the person whose information is protected. Such consent must be provided each time personal information is released. Each written consent form shall be retained by the Division in electronically digitized, microfilm or paper format for a minimum period of 5 years.

Page 8 Title 21 - Motor Vehicles

(f) (1) Fees for copies and information. — The Secretary shall charge a fee of $25 for each motor vehicle record supplied to persons

other than those governmental agencies designated in paragraph (b)(1) of this section. If special handling is needed to certify a record or notarize an affidavit, the fee for such handling shall be $30 to include the requested record. (2) Notwithstanding the provisions of paragraph (f)(1) of this section, the Director of the Division of Motor Vehicles is authorized to enter into contractual agreements for the bulk sale of vehicle records for uses that are permissible under this section. These contracts may include pricing models that are based on the Division’s cost to produce, maintain and distribute such records. Purchases of motor vehicle driving history and license records pursuant to the provision of this section shall be governed exclusively by the conditions of paragraph (f)(1) of this section. (g) Signature on all records released. — Any record or certified record supplied by the Department pursuant to this title shall contain the signature or facsimile signature of the Director of the Division of Motor Vehicles or of another official of the Division who is a custodian of such records and is designated by the Director to sign or to have a facsimile signature affixed. For purposes of this subsection, a “facsimile signature” can be a preprinted signature, a rubber-stamped signature or any other recognized facsimile. (h) Contract to protect confidentiality. — Governmental agencies, businesses and individuals designated by subsection (b) of this section to obtain vehicle registration, title, driver’s license or driver performance records and obtain such personal information by electronic means will sign contracts acknowledging their responsibility to protect personal information as follows: (1) The personal information obtained from the Division’s records will not be resold or redisclosed in part or whole except for those authorized purposes covered in subsection (b) of this section. (2) [Repealed.] (i) Additional conditions. — In addition to provision for payment of applicable fees, the Department may, prior to the disclosure of personal information as permitted in this section, require the meeting of certain conditions by the requesting person for the purpose of obtaining reasonable assurance concerning the identity of the person requesting the release of information and,

Del. Code § title4

Legislative Council, General Assembly State of Delaware

                                              Title 4

                         Alcoholic Liquors and Marijuana

   PROVISIONS
   GENERAL
   -
   1
   Chap.
                                                      Chapter 1
                                                 GENERAL PROVISIONS

§ 101 Definitions. ---As used in this title, in addition to their usual meaning: ---(1) “Alcohol” means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but it does not mean ethyl alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. ---(2) “Alcoholic liquor” or “alcoholic liquors” include the 5 varieties of liquor defined in this section (alcohol, spirits, wine, beer and alcoholic cider) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or alcoholic cider and capable of being consumed by a human being, and any liquid or solid containing more than 1 of the 5 varieties defined in this section is considered as belonging to that variety which usually has the higher percentage of alcohol. “Alcoholic liquor” or “alcoholic liquors” does not include a powdered alcoholic beverage. Notwithstanding any other definition in this chapter, “alcoholic liquor” does not include solids and confections that contain 2% or less alcohol by weight, so long as the package which contains the product or any menu or other medium noticing the product for sale, if the product contains between ½ of 1% alcohol by volume and 2% alcohol by weight, is labeled with the word “alcoholic,” the phrase “contains alcohol,” or some other indication that the product contains alcohol. ---(3) “Appeals Commission” shall mean 3 persons, 1 from each County, appointed by the Governor with the advice and consent of a majority of the Senate. ---(4) “Barrel”, when used as a container for beer, means such container having a capacity of 31 United States standard gallons of 231 cubic inches. ---(5) “Beer” means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume, obtained by the alcoholic fermentation of any infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed liquors. ---(6) “Beer garden” means a defined, outdoor establishment not less than 10,000 contiguous square feet, which is open to the public for at least 5 consecutive months. A beer garden may sell beer, wine, and spirits by the glass or beer by the bottle, for consumption on any portion of the licensed premises. The sale of food is not required for licensure. The boundaries of a beer garden must be enclosed with a barrier no less than 42 inches high from the floor elevation, constructed of wood, concrete, plastic, rope, or wrought iron fencing, or other approved material. A beer garden must have a physical structure, which may be permanent or removable, and must be substantial. A “substantial physical structure” shall mean equipment and structures costing no less than $250,000 at the time of acquisition. A beer garden license may not be used by an existing liquor license holder to expand the size or nature of the licensed establishment. ---(7) “Bottle” means any vessel that is corked, capped or stopped or arranged so to be and intended to contain or to convey liquids. ---(8) “Bottle club” means an establishment operated for profit or pecuniary gain where customers of the establishment enter on the premises for the purpose of consuming alcoholic liquors that are brought onto the premises by the customers, consumed on the premises by the customers, and removed by the customers when the customers depart. ---(9) “Cabaret” means an establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service or dinner, and where a minor, as defined in § 708 of this title, is to be denied admission to or permission to remain on premises after 9:00 p.m. (official eastern time) unless accompanied by a parent or by a legal guardian. ---(10) “Caterer” means any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social gatherings such as weddings, dinners, benefits, banquets or other similar events for consideration on a regular basis and duly licensed by the State as caterers with at least 60% of its gross receipts resulting from the sale of food. ---(11) Without regard to its usual meaning, and by way of limitation, “alcoholic cider” means any fermented beverage made from apples, containing more than 1/2 of 1% but not more than 7% of ethyl alcohol by volume. For purposes of this title, alcoholic cider shall be treated as within the definition of “wine” unless the specific language of a particular section indicates a contrary intent. ---(12) “Club” means a corporation or association created by competent authority, which is the owner, lessee or occupant of premises operated solely for objects of national, social, patriotic, political or athletic nature, or the like, whether or not for pecuniary gain, and the property as well as the advantages of which belong to or are enjoyed by the stockholders or by the members of such corporation or association. A public golf course, open to all members of the public, whether privately or publicly owned, whose primary purpose is the operation of a golf course shall be included within meanings of this definition. Members of the public, utilizing the golf facility, shall be considered guests of the club. ---(13) “Commissioner” means the person appointed by the Governor and confirmed by the Senate who serves as the Alcoholic Beverage Control Commissioner for the State. ---(14) “Concert hall” shall mean an indoor facility used to host live entertainment that is owned, leased, under easement, and/or operated by any person and that has capacity for at least 600 patrons for any single event. In order for a facility to be licensed as a concert hall, the facility shall host a minimum of 250 live music events in any biennial licensing period. A facility meeting this

Page 1 Title 4 - Alcoholic Liquors and Marijuana

definition may license the entire building, including patio, with the concert hall license.
---(15) “Cooking wine” means a wine that is no more than 20% alcohol by volume and includes no less than 1.5% salt that is intended
for cooking and not for beverage consumption.
--- (16) “Denatured alcohol” means ethyl alcohol or liquors containing ethyl alcohol to which substances or ingredients have been added
to render the ethyl alcohol or liquors unfit for beverage purposes.
---(17) “Disorderly house” means house, or reputed house, of prostitution, ill-fame or assignation.
---(18) “Distillery”, “winery” and “brewery” mean not only the premises whereon alcohol or spirits is distilled or rectified, wine is
fermented or beer is brewed, but, in addition, the person owning, representing or in charge of such premises and the operations
conducted thereon, including the blending and bottling or other handling and preparation of alcoholic liquor in any form.
---(19) “Division” means “Division of Alcohol and Tobacco Enforcement.”
---(20) “Establishment” means any place located physically in this State where alcoholic liquor of 1 or more varieties is stored, sold or
used by authority of any law of this State, including a hotel, restaurant, tavern, beer garden, or club as defined in this section, or where
alcoholic liquor of 1 or more varieties is manufactured by virtue of any law of this State.
---(21) “Fermented beverage” means any product similar to beer, including sake and seltzer, containing ½ of 1% or more of alcohol by
volume, brewed from substitutes for malt, including rice, grain, bran, glucose, sugar and molasses.
---(22) “Gathering of persons” or “gathering” means a banquet, picnic, bazaar, fair or similar private gathering or similar public
gathering where food or drink are sold, served or dispensed by nonprofit organizations such as churches, colleges and universities,
volunteer fire companies, political parties or other similar nonprofit groups having a common civic, social, educational or religious
purpose, or where entrance tickets are sold or entrance fees are required by those nonprofit organizations.
---(23) “Hotel” means any establishment, provided with special space and accommodation, where, in consideration of payment, food
and lodging are habitually furnished to travelers.
---(24) “Import” means the transporting or ordering or arranging for the transportation or shipment of alcoholic liquor into the State
whether by a resident of the State or otherwise.
---(25) “Importer” means the person transporting or ordering, authorizing or arranging the transportation or shipment of alcoholic
liquors into this State, whether the person is a resident or citizen of this State or not, said person being permitted to sell said alcoholic
liquors only to those persons licensed to resell alcoholic liquors; provided, however, that nothing contained in this definition shall be
construed as prohibiting an importer from selling such alcoholic liquors to either an active owner of that business for that person’s use
and not for resale or to a full-time, bona fide employee of that business for that person’s use and not for resale; and provided further, that
nothing contained in this definition shall be construed as prohibiting an importer from selling beer in “half-barrel” or “quarter-barrel”
containers to the holders of a personal license. The Commissioner may enact such rules regulating the sale of alcoholic liquor to active
owners and employees of licensed importers as it deems necessary.
---(26) “License” means any license or permit to manufacture, to sell, to purchase, to transport, to import or to possess alcoholic liquor
authorized or issued by the Commissioner under the provisions of Chapter 5 of this title.
---(27) “Manufacture” means distill, rectify, ferment, brew, make, mix, concoct or process any substance or substances capable of
producing a beverage containing more than 1/2 of 1% of alcohol by volume and includes blending, bottling or other preparation for sale.
---(28) “Manufacturer” means any person engaged in the manufacture of any alcoholic liquor and among others includes a distiller, a
rectifier, a wine maker, a brewer, and includes a bottler or one who prepares alcoholic liquor for sale.
---(29) “Mead” means an alcoholic beverage that is naturally fermented (not distilled or frozen) wherein the major source of fermentable
sugars comes from honey.
---(30) “Member of a club” means an individual who, whether as a charter member or admitted in accordance with the rules or the
bylaws of the club, has become a member thereof, who maintains membership by the payment of dues in the manner established by the
rules or bylaws, and whose name and address is entered on the list of members supplied to the Commissioner at the time of the
application for a license under Chapter 5 of this title, or, if admitted thereafter, within 8 days after admission and payment of dues, if
such dues are required. The Commissioner is authorized to extend the meaning of the words “member of a club” to include those who
are granted temporary membership or membership of less than 1 year in accordance with a rule or bylaw of the club approved by the
Commissioner. “Member of a club” which is a multiple activity club means a person who, pursuant to the charter, bylaws or rules of the
club, is a member in good standing of such club, and whose name and address is supplied in writing to the Commissioner by the club
within 8 days after admission to membership, or who holds a temporary membership in such club, pursuant to a charter provision, or
bylaw or rule approved by the Commissioner.
---(31) “Motorsports speedway” shall mean a motorsports speedway (including any contiguous land when being used in connection with
its events) that is owned, leased, under easement, and/or operated by any person and having a seating capacity of at least 5,000 seats. A
motorsports speedway may operate under its own license while using the premises of a license holder at a horse racetrack, but only to
the extent that neither license holder uses the same portion of the premises at the same time and no commingling of inventory occurs.
The converse of this shall also apply to a license holder at a horse racetrack using the premises of a motorsports speedway.
---(32) “Movie theater” shall mean an indoor facility used to host showings of motion pictures and that has a capacity of at least 500
patrons for any single movie showing or for showing of multiple movies in separate theaters at the same time. In order for a facility to

Page 2 Title 4 - Alcoholic Liquors and Marijuana

be licensed as a movie theater, the facility shall host a minimum of 250 movie showings in any calendar year and shall be open at least 5
days a week.
---(33) “Multiple activity club” is a club as to which, in the determination of the Commissioner, the service of spirits, wine or beer is not
the principal activity in the premises of the club as established by the following:
    ---a. Gross revenue of the club from the sale of spirits, wine and beer does not exceed 40% of its total annual revenue including dues,
    fees and assessments, and either
    ---b. Meals are served by the club at regular hours on at least 6 days of the week,
    ---c. The club has a physical facility, regularly used by members of the club, which is devoted primarily to activities other than the
    sale or consumption of spirits, wine or beer, or
    ---d. A public golf course, as defined in paragraph (12) of this section, may be licensed as a multiple activity club, however, is not
    subject to the requirements as set forth in paragraph (33)c. of this section.
---(34) “Multi-purpose sports facility” shall mean a stadium, featuring sporting events where admission fees are charged to the public
and having a seating capacity of at least 2,500 seats, and excludes stadia which are operated and maintained by educational institutions,
including, but not limited to, high schools, colleges or universities.
---(35) “Off-site caterer” means any proprietorship, partnership or corporation engaged in the business of providing food and beverages
at social gatherings, such as weddings, dinners, benefits, banquets or other similar events, that are held off the site of the caterer’s
business for consideration and on a regular basis. An off-site caterer must be duly licensed by the State under Title 30 as a caterer, with
at least 60% of its gross receipts resulting from the sale of food.
---(36) “Person” includes an individual, a partnership, a corporation, a club or any other association of individuals.
---(37) “Powdered alcoholic beverage” means any powders or crystals that, after being mixed with sugar, water, or any other
nonalcoholic materials, ferments or otherwise becomes a wine, beer, or other alcoholic beverage.
---(38) “Preparation” means any medicine (patented or proprietary); any mixture containing drugs or mineral substances; any perfume,
lotion, tincture, varnish, dressing, fluid extract or essence, vinegar, cream, ointment or salve; any distillate or decoction, whether or not
containing other substances in solution or suspension, that contains ethyl alcohol or any alcoholic liquor to any amount exceeding 1/2 of
1% by volume.
---(39) “Residence” means the place occupied by a person as a domicile or otherwise, either permanently or temporarily, and includes
not only the premises occupied, but also every annex or dependency thereof held under the same title as the premises occupied.
---(40) “Restaurant” means any establishment which is regularly used and kept open principally for the purpose of serving complete
meals to persons for consideration and which has seating at tables for 12 or more persons and suitable kitchen facilities connected
therewith for cooking an assortment of foods under the charge of a chef or cook.
---(41) “Retailer” means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises.
---(42) “Sale” means every act of selling as defined in this section.
---(43) “Sell” means: solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely
gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration,
promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any
other person, to carry alcoholic liquors on one’s person or to transport with one and with intent to sell the same, but not in any
establishment where the sale thereof is allowed.
---(44) “Spirits” means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume mixed with water and other substances
in solution, and includes, among other things, brandy, rum, whiskey and gin.
---(45) “Spirits, wine and beer tasting” means the consumption of spirits, wine and beer for the purpose of sampling for prospective
purchase only. The quantity of any individual spirit, wine and beer sampled is not to exceed 1 ounce for wine and beer and 1/2 ounce for
spirits.
---(46) “Taproom” means an establishment provided with special space and accommodations and operated primarily for the sale by the
glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a
restaurant where the sale of food is the primary object.
---(47) “Tavern” means any establishment with special space and accommodation for sale of beer and wine as defined in this section to
be sold to each customer in single servings.
---(48) “Temporary large event” means a public or private gathering of more than 1,000 people where food or drink are sold, served or
dispensed and which requires an entrance ticket or entrance fee to attend, including but not limited to a: music festival; car show;
auction; convention or rally.
---(49) “Temporary large event promoter” means the person arranging or promoting the temporary large event.
---(50) “Third-party delivery service” means a company, organization, or entity that is outside of the operation of an establishment’s
business and acts as an intermediary to provide food-delivery services to customers.
---(51) “Traveler” means an individual guest or customer of a hotel, restaurant or tavern.
---(52) “Vehicle” means any means of transportation by land, by water or by air, and includes everything made use of in any way
whatsoever for such transportation.

Page 3 Title 4 - Alcoholic Liquors and Marijuana

---(53) “Whoever”, when used in reference to any offender under this title, includes every person who acts individually or by permission
or agreement for any other person, and includes also such other person.
---(54) “Wine” means any beverage containing more than 1/2 of 1% ethyl alcohol by volume obtained by the fermentation of the natural
contents of fruits, vegetables or other products and other vinous liquors, and also includes such beverages when fortified by the addition
of alcohol or spirits as defined in this section.
(38 Del. Laws, c. 18, §§ 3, 4; Code 1935, §§ 6132, 6133(12); 45 Del. Laws, c. 263, § 1; 4 Del. C. 1953, § 101; 50 Del. Laws, c. 300, § 1;
51 Del. Laws, c. 239; 56 Del. Laws, c. 335, §§ 1, 2; 59 Del. Laws, c. 107, §§ 1-3, 71; 59 Del. Laws, c. 128, § 1; 60 Del. Laws, c. 466, §§
1, 2; 63 Del. Laws, c. 397, § 1; 64 Del. Laws, c. 437, § 1; 65 Del. Laws, c. 50, §§ 1-3; 65 Del. Laws, c. 283, § 1; 67 Del. Laws, c. 48, §
1; 67 Del. Laws, c. 109, § 1; 69 Del. Laws, c. 6, § 1; 69 Del. Laws, c. 18, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 353, § 1; 70
Del. Laws, c. 559, §§ 1-4; 71 Del. Laws, c. 210, § 1; 71 Del. Laws, c. 302, §§ 1, 2; 72 Del. Laws, c. 486, §§ 1-4; 73 Del. Laws, c. 244, §
1; 73 Del. Laws, c. 393, § 1; 74 Del. Laws, c. 250, § 1; 76 Del. Laws, c. 32, § 6; 77 Del. Laws, c. 339, § 1; 78 Del. Laws, c. 220, § 1; 79
Del. Laws, c. 6, § 1; 79 Del. Laws, c. 229, § 1; 79 Del. Laws, c. 308, § 1; 80 Del. Laws, c. 4, § 1; 80 Del. Laws, c. 109, § 1; 81 Del.
Laws, c. 15, § 1; 81 Del. Laws, c. 69, § 1; 81 Del. Laws, c. 100, § 1; 81 Del. Laws, c. 372, § 1; 82 Del. Laws, c. 4, § 1; 83 Del. Laws, c.
36, § 1; 83 Del. Laws, c. 152, § 1; 83 Del. Laws, c. 207, § 1; 83 Del. Laws, c. 438, § 1; 84 Del. Laws, c. 37, § 1.)

§ 102 Statewide application; exceptions. ---(a) This title shall apply to the State, but if, in any of the districts created by § 2, article XIII of the Constitution of this State, a majority of the qualified electors thereof vote against license, the application of this title and the provisions thereof shall be suspended therein. ---(b) Nothing in this title shall be interpreted as authorizing the manufacture, distribution, sale, transportation or importation of alcoholic liquors, alcohol, spirits, wines or beer, as defined in § 101 of this title, where such manufacture, distribution, sale, transportation or importation is prohibited by the Constitution of the United States or of the State, or under the statutes thereof. (38 Del. Laws, c. 18, § 2; Code 1935, § 6131(l); 4 Del. C. 1953, § 102.) § 103 Effective date; extent of effectiveness. ---(a) Any section or provision of this title which purports to authorize or to license the manufacture, distribution, sale, transportation, importation, purchase or possession of alcoholic liquor, as defined in § 101 of this title, shall be effective only when and to such extent as may be permitted under the Constitutions of the United States and of the State, or under the statutes thereof. ---(b) At such time or times as the manufacture and sale of alcoholic liquor is permitted in any of the districts created by § 2, article XIII of the Constitution of this State, such manufacture and sale shall be regulated under the provisions of this title and by the Commissioner mentioned in § 301 of this title. (38 Del. Laws, c. 18, §§ 2, 4; Code 1935, §§ 6131(2), 6133(2); 4 Del. C. 1953, § 103; 72 Del. Laws, c. 486, § 5.) § 104 Sale or shipment out of State. ---(a) No sale of alcoholic liquor shall be made to a person in a state or a division of a state where such sale is prohibited by law. ---(b) No shipment of alcoholic liquor shall be made into a state or into a division of a state where such shipment is prohibited by law. (38 Del. Laws, c. 18, § 2; Code 1935, § 6131(3), (4); 4 Del. C. 1953, § 104.)

Page 4 Title 4 - Alcoholic Liquors and Marijuana

  PROVISIONS
  TRANSITION
  -
  2
  Chap.
                                                   Chapter 2
                                            TRANSITION PROVISIONS

§ 201 Transition provisions. ---(a) All definitions and references to any commission, division or agency which appear in any other act or law are to be construed, to the extent they are consistent with this chapter and in connection with the function transferred by this chapter, as referring or relating to the agency, department, division, office or subdivision to which the function is transferred. ---(b) All orders, rules and regulations made by any commission, division or agency which govern the functions of such commission, division or agency, and which are in effect on December 1, 2000, shall remain in full force and effect until revoked or modified in accordance with law by the agency, department, division, office or subdivision to which the functions are transferred. ---(c) All investigations, petitions, hearings and legal proceedings pending before or instituted by, any agency, commission or division from which functions are transferred by this chapter and which are not concluded by December 1, 2000, shall continue unabated and remain in full force and effect to be completed by the agency, department, division, office or subdivision assigned under this chapter. (72 Del. Laws, c. 486, § 6.)

Page 5 Title 4 - Alcoholic Liquors and Marijuana

  COMMISSIONER
  CONTROL
  BEVERAGE
  ALCOHOLIC
  DELAWARE
  -
  3
  Chap.
                                      Chapter 3
                 DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSIONER

§ 301 Delaware Alcoholic Beverage Control Commissioner; Appeals Commission; qualifications; appointment; term; compensation. ---(a) The Commissioner shall be a resident of Delaware and suitably educated and experienced to carry out the duties and responsibilities set forth in this chapter. ---(b) The Commissioner and 3 members of the Appeals Commission, 1 from each County, shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate and shall serve at the pleasure of the Governor. ---(c) In the event of death, resignation, temporary incapacity or removal of the Commissioner and prior to the appointment of a successor, the Governor may appoint the Deputy Commissioner, or such other person as deemed qualified by the Governor, to serve as Acting Commissioner. The Commissioner may name a Deputy Commissioner. The Commissioner may, during an absence from the State, appoint the Deputy Commissioner to serve as Acting Commissioner during such absence. In either case, the Acting Commissioner shall have all the powers and shall perform all the duties and functions of the Commissioner during the Commissioner’s absence or incapacity or until a successor is duly qualified and appointed. ---(d) The Commissioner shall be compensated as provided for in the Annual Budget Act. ---(e) The members of the Appeals Commission shall be compensated at the rate of $150 per meeting together with the reasonable expenses for no more than 12 meetings per year. ---(f) The Appeals Commission shall meet and elect a chairperson who shall convene meetings of the Commission as frequently as needed to consider appeals of the Commissioner’s decision. (38 Del. Laws, c. 18, § 4; Code 1935, § 6133(1), (5)-(7); 4 Del. C. 1953, § 301; 50 Del. Laws, c. 393, § 3; 50 Del. Laws, c. 547, § 3; 55 Del. Laws, c. 308, § 1; 60 Del. Laws, c. 265, § 1; 72 Del. Laws, c. 486, § 7; 73 Del. Laws, c. 135, § 1.) § 302 Location of office [Repealed]. 38 Del. Laws, c. 18, § 4; Code 1935, § 6133(11); 4 Del. C. 1953, § 302; 57 Del. Laws, c. 404, § 1; 72 Del. Laws, c. 486, § 7; repealed by 83 Del. Laws, c. 339, § 39, effective June 30, 2022; repealed by 83 Del. Laws, c. 514, § 2, effective Oct. 26, 2022. § 303 Employees. ---Necessary staff as required shall be employed as required to carry out the work under the chapter. After December 1, 2001, the Joint Legislative Oversight and Sunset Committee will review the duties and responsibilities of the Commissioner to determine if additional staff, including hearing officer or officers, is necessary. The Department of State shall provide personnel services and other necessary support services for the office of the Commissioner and the Appeals Commission. (38 Del. Laws, c. 18, § 4; Code 1935, §§ 6133(8)-(10); 4 Del. C. 1953, § 303; 72 Del. Laws, c. 486, § 7; 74 Del. Laws, c. 110, § 138; 80 Del. Laws, c. 260, § 6; 84 Del. Laws, c. 81, § 124.) § 304 Duties and powers of the Commissioner. ---(a) The Commissioner, in accordance with the Delaware Administrative Procedures Act, shall: ---(1) Adopt and promulgate rules and regulations not inconsistent with this title or of any other law of the State, and all such rules and regulations shall have the force and effect of law; provided, however, that no such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof; and provided further, however, that such rules and regulations, as established by the Commissioner, shall focus primarily on public safety and the best interests of the consumer and shall not unduly restrict competition within the alcoholic beverage industry; ---(2) Establish by rules and regulations an effective control of the business of manufacture, sale, dispensation, distribution and importation of alcoholic liquors within and into the State, including the time, place and manner in which alcoholic liquors shall be sold and dispensed, not inconsistent with this title or with any other law of this State. However, such rules and regulations, as established by the Commissioner, shall not control or regulate: ---a. Recreational equipment located on the business premises of any business selling alcoholic beverages; ---b. Credit transactions between licensed wholesalers and licensed retailers, to the extent permitted by federal law; ---c. [Repealed.] ---(3) Control the manufacture, possession, sale and delivery of alcoholic liquors in accordance with this title; and control the purchase, possession, transportation and sale of alcoholic liquors by those licensed to manufacture or to sell; provided, however, that the Commissioner’s power to control the sale of alcoholic liquors shall not be exercised in such a manner as to prevent any holder of a retail license for the sale of alcoholic liquors not for consumption on the premises where sold from giving a retail purchaser of a case or more of spirits and/or wine a discount not to exceed 10% of the total dollar sale; ---(4) Grant, refuse or cancel licenses required by this title for the manufacture or sale of alcoholic liquor, or other licenses required by this title in regard thereto, and to transfer any license granted; ---(5) On petition signed by at least 10 individuals who are residents of the neighborhood, hear complaints in regard to the appointments

Page 6 Title 4 - Alcoholic Liquors and Marijuana

 of, or the conduct of business in, any establishment where alcoholic liquor is licensed to be sold. Ten days’ notice of such hearings,
 together with a recital of the complaint, shall be sent by registered mail by the Commissioner’s office to the address of the holder of the
 license for the establishment and like notice shall be delivered at the establishment by affixing the notice addressed to the holder of the
 license to the outside of an entrance door to the establishment. The hearings shall be conducted by the Commissioner and shall be
 public. The Commissioner shall for the purpose of such hearings have power to issue subpoenas, compel the attendance of witnesses,
 administer oaths, take testimony and compel the production of pertinent books, payrolls, accounts, papers, records and documents. In
 case any person summoned to testify or to produce any such written or printed evidence shall refuse, without reasonable cause, to be
 examined or to answer a legal and pertinent question or to produce any such written or printed evidence, the Commissioner conducting
 the hearing may certify the fact of any such refusal to the Superior Court of the county in which such hearing is held and the court may
 proceed against the person so refusing as for a contempt and punish such person in the same manner as persons are punished for
 contempt of court;
 ---(6) Determine and publish standards for the manner in which the dining room or dining rooms of a hotel, restaurant or club shall be
 equipped in order to be allowed to exercise the privilege of the sale of alcoholic liquors therein; and examine the plans or premises
 proposed for use as a dining room and authorize their use in connection with a license to sell alcoholic liquors, but such authorization
 shall not prevent the requirement by the Commissioner of future alterations in accordance with published standards;
 ---(7) Compel the attendance of witnesses and the production of contracts, papers, books, accounts and other documents. Subpoenas
 issued shall be signed by the Commissioner and may be served by any sheriff, deputy sheriff, constable or any agent of the Division and
 return thereof made to the Commissioner. The Commissioner may enforce compliance with a subpoena issued pursuant to this
 subsection by filing a motion to compel in the Superior Court, which shall have jurisdiction over the matter. The court may award costs
 and attorney fees if it determines that noncompliance with a Commissioner subpoena was unjustified, intentional, or in bad faith.
 ---(8) Act, for purposes of this Title, as the competent authority in connection with other matters pertinent thereto;
 ---(9) Make an annual report submitted to the Governor and members of the General Assembly setting forth all matters of interest and
 all statistics concerning liquor regulation and control in the State, including:
     ---a. The number of licenses of each variety issued within the State;
     ---b. The name and address of each person licensed to manufacture or to sell alcohol, spirits, wine and beer;
     ---c. The amount of alcohol, spirits, wine and beer sold within the State;
     ---d. The number of licenses of each kind granted and the number cancelled during the year; and
     ---e. Such other data as may make a complete report to the people of this State;
 ---(10) Negotiate and, with the approval of the Governor, enter into reciprocal agreements with the duly authorized officials of other
 states of the United States relative to the manufacture, importation, sale and transportation of alcoholic liquors in the several states;
 ---(11) Provide such special seals, labels and wrappers as deemed necessary for protection of the public against imitations, adulterations
 and frauds, and prescribe the proper use of the seals, labels and wrappers; and
 ---(12) Provide such warning signs as may be required by § 903(16) of this title and distribute such signs to license holders and
 promulgate regulations with respect to the posting of said signs. A nominal fee may be charged by the Commissioner to cover printing,
 handling and distribution costs.

---(b) The Commissioner’s decision shall be final and conclusive unless, within 30 days after notice thereof has been mailed by the Commissioner’s office, a party to such hearing files an appeal in the office of the Commissioner. Upon receipt of the appeal, the Commissioner shall cause the Chairperson of the Appeals Commission to be advised of the pending appeal and the Chairperson shall cause the Commission to be convened with at least 20 days notice to all parties. The appeal shall be heard by the Appeals Commission, who shall, in accordance with the Administrative Procedures Act, Title 29 of the Delaware Code, review the matter on the record and affirm, reverse or modify the decision of the Commissioner. ---(c) The Commissioner may appear before the Appeals Commission for any appeal of the Commissioner’s decision and may appeal any decision of the Appeals Commission or any decision of the Superior Court on appeal from the Appeals Commission. (38 Del. Laws, c. 18, §§ 5, 27, 35; Code 1935, §§ 6134, 6156, 6164; 42 Del. Laws, c. 193, § 1; 4 Del. C. 1953, § 304; 49 Del. Laws, c. 387; 50 Del. Laws, c. 547, § 4; 57 Del. Laws, c. 494, § 2; 57 Del. Laws, c. 740, §§ 5A, B; 59 Del. Laws, c. 107, §§ 4-7; 59 Del. Laws, c. 590, § 1; 65 Del. Laws, c. 322, § 1; 67 Del. Laws, c. 23, § 3; 67 Del. Laws, c. 110, § 1; 67 Del. Laws, c. 109, §§ 2, 3; 67 Del. Laws, c. 344, § 2; 69 Del. Laws, c. 314, § 1; 69 Del. Laws, c. 340, §§ 1, 2; 71 Del. Laws, c. 271, § 1; 72 Del. Laws, c. 486, § 7; 73 Del. Laws, c. 133, § 1; 80 Del. Laws, c. 325, § 1; 82 Del. Laws, c. 99, § 1.) § 305 Oath of Office of Commissioner and employees. ---The Commissioner, Appeals Commission and any hearing officer(s) shall, on entering office, take the oath of the Constitution of the State. Any other employee may be required to take the oath of the Constitution of the State at the discretion of the Secretary of State. (38 Del. Laws, c. 18, § 6; Code 1935, § 6135(1); 4 Del. C. 1953, § 305; 57 Del. Laws, c. 740, § 5C; 67 Del. Laws, c. 109, § 4; 69 Del. Laws, c. 314, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 486, § 7; 84 Del. Laws, c. 81, § 124.) § 306 Conflict of interest. ---(a) The Commissioner, Appeals Commission, and any hearing officer(s) or such person’s spouse, or such person’s son or daughter residing at such person’s residence, shall not have a financial interest in any entity that sells, manufactures, or uses alcohol; provided,

Page 7 Title 4 - Alcoholic Liquors and Marijuana

however, such persons may invest in mutual funds or similar financial instruments that hold no more than a 10% interest in any such entity. ---(b) Neither the Commissioner nor any person employed in the office of the Commissioner shall receive any commission or profit whatsoever from, or have any interest whatsoever in a business licensed under this chapter to purchase or sell alcoholic liquors; provided, however, that nothing in this section shall prevent the Commissioner, Appeals Commission, hearing officer(s) or employee from purchasing and keeping alcoholic liquors in his or her possession for the personal use of him or herself, members of his or her family or his or her guests if such purchase is otherwise permitted by this title. ---(c) The Commissioner and the Appeals Commission shall annually file with the Public Integrity Commission the Financial Report pursuant to § 5813 of Title 29. (38 Del. Laws, c. 18, § 7; Code 1935, § 6136(1), (3); 4 Del. C. 1953, § 307; 57 Del. Laws, c. 740, §§ 5E, F; 59 Del. Laws, c. 107, § 8; 72 Del. Laws, c. 486, § 7.) § 307 Commissioner’s statement of interest in liquor business. ---When notified of appointment as Commissioner or Appeals Commissioner, the individual so notified shall furnish in duplicate and in writing to the Governor and to the President Pro Tempore of the Senate a statement of every interest, direct or indirect, and however small, held or owned by him or her as a member or as a stockholder in any partnership, corporation or other association engaged in the sale or in the manufacture of alcoholic liquors or in any undertaking, industry or business in which alcoholic liquors are used or required and prior to taking the oath of office the Commissioner and Appeals Commission must wholly and fully dispose of all interests. One copy of the statement shall be inserted in the permanent records of the office of the Commissioner open to public inspection. (38 Del. Laws, c. 18, § 6; Code 1935, § 6135(2), (3); 4 Del. C. 1953, § 306; 57 Del. Laws, c. 740, § 5D; 69 Del. Laws, c. 314, § 3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 486, § 7.) § 308 Promulgation, repeal and amendment of rules and regulations. ---(a) All rules and regulations of the former Alcoholic Beverage Control Commission currently in place as of December 1, 2000, shall remain in full force and effect until revoked or modified in accordance with the procedures set forth in this chapter. ---(b) The Commissioner may make any regulation and may amend or repeal any regulation as the Commissioner deems necessary for carrying out this title respecting internal economy and the conduct of business, and may amend or repeal any such regulation. Such regulations shall be published in form open to public inspection at the office of the Commissioner and in accordance with the Administrative Procedures Act. ---(c) Any regulation made by the Commissioner and approved and published as provided by this chapter may be repealed or amended either by another regulation of the Commissioner, approved and published as so provided, or by an act of the General Assembly of this State. (38 Del. Laws, c. 18, § 8; Code 1935, § 6137; 4 Del. C. 1953, § 309; 57 Del. Laws, c. 494, § 1; 72 Del. Laws, c. 486, § 7.) § 309 Bond [Repealed]. ---Repealed by 73 Del. Laws, c. 134, § 1, eff. July 9, 2001.

§ 310 Deposit of receipts with Division of Revenue. ---All moneys received by the Commissioner shall be paid to the Division of Revenue of the Department of Finance. A monthly report of all receipts of the Commissioner shall be made to the State Treasurer. (38 Del. Laws, c. 18, § 11; 40 Del. Laws, c. 24, § 1; Code 1935, § 6140(1); 42 Del. Laws, c. 77, §§ 1-3; 4 Del. C. 1953, § 311; 59 Del. Laws, c. 107, § 9; 67 Del. Laws, c. 109, § 5; 72 Del. Laws, c. 486, § 7.) § 311 Property and profits of the office of the Commissioner. ---All property owned by the office of the Commissioner and all associated profits shall be the property of the State. (38 Del. Laws, c. 18, § 11; Code 1935, § 6141; 4 Del. C. 1953, § 313; 67 Del. Laws, c. 109, § 5; 72 Del. Laws, c. 486, § 7.) § 312 Financial statements of the Commissioner. ---The Commissioner shall render an account to the State Treasurer, in the manner and at the time required by the latter, of its receipts and disbursements, and of its assets and liabilities. The State Treasurer will not, however, require such reports to be rendered more often than quarterly. (38 Del. Laws, c. 18, § 13; Code 1935, § 6142(1); 4 Del. C. 1953, § 314; 59 Del. Laws, c. 107, § 11; 67 Del. Laws, c. 109, § 5; 72 Del. Laws, c. 486, § 7.) § 313 Annual audit. ---The operation of the office of the Commissioner shall annually be examined and audited by the State Auditor of Accounts. (38 Del. Laws, c. 18, § 13; Code 1935, § 6142(2); 4 Del. C. 1953, § 315; 59 Del. Laws, c. 107, § 12; 67 Del. Laws, c. 109, § 5; 72 Del. Laws, c. 486, § 7.)

Page 8 Title 4 - Alcoholic Liquors and Marijuana

  ENFORCEMENT
  TOBACCO
  AND
  ALCOHOL
  OF
  DIVISION
  -
  4
  Chap.
                                      Chapter 4
                   DIVISION OF ALCOHOL AND TOBACCO ENFORCEMENT

§ 401 Division of Alcohol and Tobacco Enforcement. ---The Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security is established as follows for the administrative, ministerial, budgetary and clerical functions for the enforcement of the alcohol laws of this Code, youth access to tobacco laws in §§ 1115 through 1127 of Title 11, and the marijuana laws of this title. (72 Del. Laws, c. 486, § 8; 74 Del. Laws, c. 110, § 138; 74 Del. Laws, c. 250, § 1; 84 Del. Laws, c. 24, § 3.) § 402 Location of office [Repealed]. 72 Del. Laws, c. 486, § 8; repealed by 78 Del. Laws, c. 348, § 1, eff. July 18, 2012. § 403 Duties and powers of the Division. ---The Division shall: ---(1) Investigate, prevent and arrest for violations of this title, make seizure of alcoholic liquor, manufactured, sold, kept or transported in contravention thereof, and confiscate such alcoholic liquor whenever required by any provision of this title. ---(2) Arrange for the proper sampling, testing and analyzing of alcoholic liquor offered for sale in this State upon receipt of a complaint regarding health by entering into an agreement with the Director of Forensic Science Laboratories of the Department of Health and Social Services to test alcoholic liquor product when requested by the Division. This subsection does not apply to home breweries. ---(3) Only require an inventory by a package store licensee if it has evidence to support a finding that such licensee has violated this title. ---(4) Investigate, prevent, and arrest for violations of this title; seize marijuana, including marijuana products and accessories that are manufactured, sold, kept, or transported in contravention thereof; and confiscate such marijuana, including marijuana products and accessories, whenever required by any provision of this title. ---(5) Conduct administrative inspections of a premise licensed under any provision of this title, any provision of the rules and regulations of the Alcoholic Beverage Control Commissioner, or any provision of the rules and regulations of the Marijuana Commissioner, at any time the licensee, employee of the licensee, or customer is upon the licensed premise. Administrative inspections under this paragraph may be conducted only for the purpose of ensuring compliance with the regulations of this title, the rules and regulations of the Alcoholic Beverage Control Commissioner, or the rules and regulations of the Marijuana Commissioner. (72 Del. Laws, c. 486, § 8; 84 Del. Laws, c. 24, § 3; 84 Del. Laws, c. 301, § 1.) § 404 Employees of the Division. ---The Department of Safety and Homeland Security shall appoint, employ or dismiss every officer or employee necessary for carrying out the work of the Division, establish salaries, subject to the Annual Appropriation in the Budget Act, and assign them their official titles and duties, and engage the services of experts and persons engaged in the practice of a profession at the discretion of the Secretary of the Department of Safety and Homeland Security. At the discretion of the Secretary of the Department of Safety and Homeland Security, officers and employees appointed by the Department of Safety and Homeland Security shall have the police powers of constables and other police officers of the State, counties and other subdivisions of the State, and they shall be conservators of the peace throughout the State, and they shall be eligible for certification by the Police Officer Standards and Training Commission, and may suppress all acts of violence and enforce the provisions of this title. (72 Del. Laws, c. 486, § 8; 74 Del. Laws, c. 110, § 138; 84 Del. Laws, c. 149, § 16.)

Page 9 Title 4 - Alcoholic Liquors and Marijuana

  TAXES
  AND
  LICENSES
  -
  5
  Import
  and
  Manufacture
  -
  I
  Subchap.
  Chap.
                                                    Chapter 5
                                               LICENSES AND TAXES
                                                         Subchapter I
                                                Manufacture and Import

§ 501 Supplier and representative licenses; delivery and storage at in-state warehouse. ---(a) Before any person sells any alcoholic liquor intended for importation into this State, such person shall procure from the Commissioner a supplier’s license in the form to be prescribed by the Commissioner and shall pay therefor a biennial fee in the amount of $100 to be permitted to sell not more than 200 cases of alcoholic liquors for importation into the State during the calendar year or a biennial fee in the amount of $1,000 to be permitted to sell more than 200 cases of alcoholic liquors for importation into this State during the calendar year. This subsection shall not apply to any person licensed under subsection (b) of this section or to any person who either is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors or is an officer, director, or employee of a person, licensed by the Commissioner, having a place of business in this State for the

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)