Delaware § 1123 Liability of employer

Delaware Statutes

§ 1123 — Liability of employer

Delaware § 1123

JurisdictionDelaware

Title11

PartDelaware Criminal Code

Ch. 5SPECIFIC OFFENSES

Subch.Offenses Relating to Children and Vulnerable Adults

This text of Delaware § 1123 (Liability of employer) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 1123 (2026).

Text

(a)If a sale or distribution of any tobacco product or tobacco substitute or coupon is made in violation of § 1116, § 1118, § 1119, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the violation occurred shall be guilty of the violation and shall be subject to the fine only if the retail licensee has received written notice of the provisions of §§ 1116 through 1121 of this title by the Department of Safety and Homeland Security. For purposes of determining the liability of a person who owns or controls franchises or business operations in multiple locations, for a second or subsequent violation of this subpart, each individual franchise or business location shall be deemed a separate establishment.

(b)Notwiths

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(a) If a sale or distribution of any tobacco product or tobacco substitute or coupon is made in violation of § 1116, § 1118, § 1119, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the violation occurred shall be guilty of the violation and shall be subject to the fine only if the retail licensee has received written notice of the provisions of §§ 1116 through 1121 of this title by the Department of Safety and Homeland Security. For purposes of determining the liability of a person who owns or controls franchises or business operations in multiple locations, for a second or subsequent violation of this subpart, each individual franchise or business location shall be deemed a separate establishment.

(b) Notwithstanding any other provision of this subpart, in any prosecution for a violation of § 1116, § 1118, or § 1120 of this title, the owner, proprietor, franchisee, store manager, or other person in charge of the establishment where the alleged violation occurred has an affirmative defense if the person or entity can establish that before the date of the violation, the person or entity did all of the following:

(1) Adopted and enforced a written policy against selling tobacco products or tobacco substitutes to individuals under 21 years of age.

(2) Informed its employees of the applicable laws regarding the sale of tobacco products or tobacco substitutes to individuals under 21 years of age.

(3) Required employees to sign a form indicating that they have been informed of and understand the written policy required under this subsection.

(4) Required employees to verify the age of tobacco product or tobacco substitute customers by means of photographic identification.

(5) Established and enforced disciplinary sanctions for noncompliance.

(c) The affirmative defense established in subsection (b) of this section may be used by an owner, proprietor, franchisee, store manager, or other person in charge of the establishment no more than 1 time at each location within any 36-month period.

Legislative History

70 Del. Laws, c. 318, § 4 ; 72 Del. Laws, c. 69, § 1 ; 74 Del. Laws, c. 110, § 138 ; 79 Del. Laws, c. 249, § 1 ; 82 Del. Laws, c. 10, § 8 ; 83 Del. Laws, c. 37, § 7