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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2014

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Under the authority vested in the Alcoholic Beverage Control Commissioner ("OABCC") under 29 Del.C. §8001 et seq., 29 Del.C. §10111 et seq. and 4 Del.C. §304, the following findings, reasons and conclusions are entered as an Order of the Commissioner to create the regulation, 4 DE Admin. Code 1407, A Rule Pertaining to Movie Theaters. The only comments made regarding the hearings and by written comment were in favor of adopting the proposed regulation with the exception that Mr. Ketchum of Penn Cinema spoke against the adoption of 1407 - §2.0(c.).
1407 - §2.0(c.) requires a camera to be located in the theaters that is able to be monitored from a central location, and Mr. Ketchum testified that this requirement would be expensive and unnecessary. It is important for operators of movie theaters to monitor patrons to prevent the passing of alcohol legally purchased to minors and the monitored cameras are an excellent means of accomplishing this. In addition, the statute requires the cameras and therefore the Rule must require the cameras.
6. OABCC's proposed Regulation 1407, as published in the September 1, 2014, Delaware Register of Regulations, and as set forth below, is well supported by the record, and is reasonable to regulate the sale of alcohol consistent with the applicable laws and regulations.
7. OABCC shall have published this Order in the Delaware Register of Regulations; and the notice in newspapers, and the Regulation amendment will go into effect ten days after its publication in the Delaware Register of Regulations.
This rule is promulgated pursuant to the Commissioner's authority to regulate the time, place, and manner in which alcoholic liquors are sold and dispensed (4 Del.C. §304). In addition, it is the purpose of this rule to implement and clarify the Commissioner's authority to license a movie theater to sell alcoholic liquors for consumption on any portion of the premises approved by the Commissioner (4 Del.C. §512 (f)). In accordance with these statutes alcoholic liquors may be sold or dispensed in a manner consistent with Title 4 of the Delaware Code and Commissioner Rules.
"Alcoholic beverage" means a beverage consisting of no more than sixteen (16) ounces of beer, eight (8) ounces of wine, or two (2) ounces of spirits.
"Movie theater" means an indoor facility used to host showings of motion pictures which:
Last Updated: December 31 1969 19:00:00.
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