Delaware Code Title 4 Sec. 901 – Offenses carrying penalty of imprisonment for 3 to 6 months
Whoever:
(1) Peddles any alcoholic liquor; or
(2) Keeps, sells or dispenses alcoholic liquor in a disorderly house; or
(3) Being an employee of the Commissioner and/or Division, infringes any of the provisions of this title; or
(4) Not being the holder of a proper and valid license, or not being so authorized by this title, sells any alcoholic liquor in this State; or
(5) Not being the holder of a license under this title, claims or represents to be the holder of a license or exhibits a document purporting to be a license under this title; or
(6) Sells, offers for sale, or keeps with the intent to sell for beverage purposes, denatured alcohol, perfume, lotion, tincture, fluid extract or essence, or other liquid or solid not originally manufactured or intended for use as a beverage, containing more than one half of 1 percent of ethyl alcohol by volume,
Terms Used In Delaware Code Title 4 Sec. 901
- 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. See Delaware Code Title 4 Sec. 101
- Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Alcoholic Beverage Control Commissioner for the State. See Delaware Code Title 4 Sec. 101
- Disorderly house: means house, or reputed house, of prostitution, ill-fame or assignation. See Delaware Code Title 4 Sec. 101
- Division: means "Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
- 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. 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
shall, in addition to the payment of costs, be imprisoned not less than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.
38 Del. Laws, c. 18, §§ ?44, 45; Code 1935, §§ ?6172, 6173; 41 Del. Laws, c. 250, § ?1; 4 Del. C. 1953, § ?901; 58 Del. Laws, c. 239, § ?43; 67 Del. Laws, c. 109, § ?27; 72 Del. Laws, c. 486, § ?10; 84 Del. Laws, c. 42, § 52;