Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
700 - Renewal and Alterations of Licenses
701 - (Formerly Rule 51) A Requiring the Biennial Renewal of Wholesale, Retail, and Annual Gathering Licenses
Section 701-8.0 - Penalty for Failure to File Applications as Required
Universal Citation: 4 DE Admin Code 701-8.0
Current through Register Vol. 28, No. 3, September 1, 2024
8.1 Fine
8.1.1 Any licensee who does not timely file
the application for renewal as required by this Rule, or does not file the
application for renewal in the form (including the fee) required by the
Commissioner, or both, shall pay a fine as outlined in Rule 804 implementing
the voluntary fine assessment plan:
8.1.1.1
First violation, $250 fine and administrative costs.
8.1.1.2 Second violation, $500 fine and
administrative costs.
8.1.1.3 Any
application for renewal received after three (3) calendar months from the time
required in this rule, or any licensee who has committed a third or subsequent
offense under this rule, shall be cited for a violation of this rule and the
matter shall be heard by the Commissioner.
8.2 Collection of Fine and Right to Hearing
8.2.1 The fine shall be collected as outlined
in Rule 804, Section
3.0 Procedure. If a licensee chooses a
hearing before the Commissioner, then Rule 804, Section
4.0 Penalties and Administrative Costs,
will be implemented.
8.3 Non-Renewal of License until Fine is Paid
8.3.1 When a fine is validly imposed under
this Rule, the license shall not be renewed until the fine is paid in
full.
8.4 Meaning of "Timely Filing"
8.4.1 In order for any
application to be timely filed under this rule, it must be received by the
Commissioner or clearly marked with a post office cancellation on or before the
deadline required by this Rule.
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