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
702 - (Formerly Rule 51.1) A Requiring the Biennial Renewal of Supplier's Licenses
Section 702-4.0 - Penalty for Failure to File Applications as Required
Universal Citation: 4 DE Admin Code 702-4.0
Current through Register Vol. 28, No. 3, September 1, 2024
4.1 Fine:
4.1.1 Any supplier who does not timely file
an application for renewal as required by subsections 3.1 or 3.2, or does not
file the application for renewal in the form required by the Commissioner
including the fee, or both, shall pay a fine as outlined in Rule 804
implementing the voluntary fine assessment plan.
4.1.1.1 First Violation: $250.00 fine and
administrative costs.
4.1.1.2
Second Violation: $500.00 fine and administrative costs.
4.1.1.3 Any application for renewal of a
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.
4.2 Collection of Fine and Right to Hearing:
4.2.1 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.
4.3 Non-Renewal of License Until Fine is Paid:
4.3.1 When a fine is validly imposed under
this rule, the license shall not be renewed until the fine is paid in
full.
4.4 Meaning of "Timely Filing"
4.4.1 In order for an
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.
4.5 Nothing in this rule shall affect or limit the authority of the Commissioner to revoke, cancel, or suspend a license, to impose a fine, or to issue a license for a period of time less than one year. Further, nothing in this rule shall prohibit a licensee from surrendering the license or allowing it to expire.
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