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DE HB406

Bill

Status

Introduced

5/16/2024

Primary Sponsor

Peter Schwartzkopf

Click for details

Origin

House of Representatives

152nd General Assembly

AI Summary

  • 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.

  • 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.

  • Restricts offer in compromise availability to importers who have not executed a compromise agreement with the Division within the previous 36 months.

  • Allows compromises to include conditions or administrative sanctions but explicitly prohibits suspension or revocation of licenses through this process.

  • 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

Committee Referrals

Economic Development/Banking/Insurance & Commerce5/16/2024

Full Bill Text

No bill text available