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DE HB406
Bill
Status
5/16/2024
Primary Sponsor
Peter Schwartzkopf
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AI Summary
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Grants the Division of Alcohol and Tobacco Enforcement (DATE) authority to enter into offers in compromise with importers to resolve violations of Title 4 and Alcoholic Beverage Control Commissioner rules without formal hearings.
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Monetary penalties in compromise agreements capped at 10% of the importer's estimated average gross monthly alcoholic liquor sales from the preceding 12 months, with a minimum penalty of $250, with collected funds paid into the General Fund.
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Restricts offer in compromise availability to importers who have not executed a compromise agreement with the Division within the previous 36 months.
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Allows compromises to include conditions or administrative sanctions but explicitly prohibits suspension or revocation of licenses through this process.
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Permits compromises to establish progressive disciplinary penalties or aggravating circumstances in subsequent Commissioner hearings on similar violations within 5 years, and can be initiated by either the Division or the importer.
Legislative Description
An Act To Amend Title 4 Of The Delaware Code Relating To Alcoholic Liquors.
Last Action
Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits
5/23/2024