§ 403 — Duties and powers of the Division

Delaware § 403

• Jurisdiction: Delaware
• Title: 4
• Ch. 4: DIVISION OF ALCOHOL AND TOBACCO ENFORCEMENT

Text

The Division shall:

(1) Investigate, prevent and arrest for violations of this title, make seizure of alcoholic liquor, manufactured, sold, kept or transported in contravention thereof, and confiscate such alcoholic liquor whenever required by any provision of this title.

(2) Arrange for the proper sampling, testing and analyzing of alcoholic liquor offered for sale in this State upon receipt of a complaint regarding health by entering into an agreement with the Director of Forensic Science Laboratories of the Department of Health and Social Services to test alcoholic liquor product when requested by the Division. This subsection does not apply to home breweries.

(3) Only require an inventory by a package store licensee if it has evidence to support a finding that such licensee has violated this title.

(4) Investigate, prevent, and arrest for violations of this title; seize marijuana, including marijuana products and accessories that are manufactured, sold, kept, or transported in contravention thereof; and confiscate such marijuana, including marijuana products and accessories, whenever required by any provision of this title.

(5) Conduct administrative inspections of a premise licensed under any provision of this title, any provision of the rules and regulations of the Alcoholic Beverage Control Commissioner, or any provision of the rules and regulations of the Marijuana Commissioner, at any time the licensee, employee of the licensee, or customer is upon the licensed premise. Administrative inspections under this paragraph may be conducted only for the purpose of ensuring compliance with the regulations of this title, the rules and regulations of the Alcoholic Beverage Control Commissioner, or the rules and regulations of the Marijuana Commissioner.

Legislative History

72 Del. Laws, c. 486, § 8 ; 84 Del. Laws, c. 24, § 3 ; 84 Del. Laws, c. 301, § 1