Delaware Code Title 4 Sec. 1101 – Peddled or illegally transported liquor
(a) Wherever alcoholic liquor is being peddled in this State, or whenever any alcoholic liquor is transported in this State, unaccompanied by a license to transport such alcoholic liquor, or unaccompanied by a waybill as provided in § 718(c) of this title, any police officer of the State or subdivision thereof or any inspector of the Division may seize such alcoholic liquor, as well as the receptacle or receptacles containing the same, and hand them over to the Division.
Terms Used In Delaware Code Title 4 Sec. 1101
- Barrel: when used as a container for beer, means such container having a capacity of 31 United States standard gallons of 231 cubic inches. See Delaware Code Title 4 Sec. 101
- 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. See Delaware Code Title 4 Sec. 101
- Division: means "Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 101
- 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. See Delaware Code Title 4 Sec. 101
- 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. See Delaware Code Title 4 Sec. 101
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) This section shall not at any time or in any instance apply to an individual who is the holder of a license to purchase a stock of draft beer in half barrel or quarter barrel containers for personal use and is transporting for the individual’s own personal use from the individual’s home after delivery has been made thereto by an importer.
(c) This section does not apply to persons transporting alcoholic liquor under §§ 501 and 716 of this title.
38 Del. Laws, c. 18, § ?55; Code 1935, § ?6182; 41 Del. Laws, c. 256, § ?1; 42 Del. Laws, c. 191, § ?6; 4 Del. C. 1953, § ?1101; 55 Del. Laws, c. 82, § ?11; 58 Del. Laws, c. 248, §§ ?1, 2; 67 Del. Laws, c. 109, § ?31; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 486, § ?13;