Delaware House Bill HB222

Delaware 2023-2024 Regular Session

• Introduced: 6/9/23
• Refer: 6/9/23

Caption

An Act To Amend Title 4 Of The Delaware Code Relating To Duties And Powers Of The Delaware Alcoholic Beverage Control Commissioner.

Impact

The bill is expected to modify existing procedures concerning how alcohol licensing complaints are handled. By requiring the Commissioner's action upon a specific threshold of complaints, it potentially increases accountability for establishments selling alcohol, establishing a clearer mechanism for residents to voice their concerns. Should the Division find substantive evidence after investigating complaints, a public hearing may be mandated, allowing community members to present impact statements. This could lead to enhanced regulatory actions against establishments that violate laws or regulations, thus providing a safeguard for neighborhood outcomes tied to alcohol-related businesses.

Summary

House Bill 222 proposes amendments to Title 4 of the Delaware Code, specifically focusing on the powers and duties of the Delaware Alcoholic Beverage Control Commissioner. It aims to enhance the oversight capabilities of the Commissioner regarding licensed establishments selling alcoholic beverages. The bill stipulates that if a licensed establishment receives complaints from at least 25 residents who live within one mile, the Commissioner must direct these complaints to the Division of Alcohol and Tobacco Enforcement for a formal investigation. This provision aims to elevate community involvement in addressing concerns related to establishments that may adversely affect local quality of life.

Sentiment

Overall, the sentiment surrounding HB 222 appears to be positive from community advocacy groups who see it as a necessary measure to empower residents in locales where alcohol establishments may create disturbances. Proponents of the bill argue that it supports public welfare and community rights, while emphasizing the importance of resident participation in local governance. However, there may be some contention from business owners or industry groups who could perceive this bill as an infringement on their operations or authority, thus generating a mixed reaction from the business community.

Contention

While the bill seeks to give residents a voice through the formal complaint process, potential points of contention might arise around issues of property rights, the adequacy of the complaint thresholds (10 vs. 25 signatories), and the operational implications for businesses that may be scrutinized by such investigations. Also, the implications of public hearings could raise concerns about perceived bias or undue influence from opposition forces within the community against establishments that have faced complaints, indicating a need for balance between regulatory oversight and business viability.