(a) The Commissioner, in accordance with the Delaware Administrative Procedures Act [Chapter 101 of Title 29], has the duty and power to do all of the following:
(1) a. Adopt and promulgate rules and regulations not inconsistent with this title or of any other law of this State, and all such rules and regulations have the force and effect of law.
b. A rule or regulation may not extend, modify, or conflict with any law of this State or the reasonable implications of a law.
c. The rules and regulations, as established by the Commissioner, must focus primarily on public safety and the best interests of the consumer and may not unduly restrict competition within the alcoholic beverage industry.
(2) Establish by rules and regulations an effective control of the business of manufacture, sale, dispensation, distribution, and importation of alcoholic liquors within and into this State, including the time, place, and manner in which alcoholic liquors are sold and dispensed, not inconsistent with this title or with any other law of this State. However, the rules and regulations established by the Commissioner may not control or regulate any of the following:
a. Recreational equipment located on the business premises of any business selling alcoholic beverages.
b. Credit transactions between licensed wholesalers and licensed package stores, to the extent permitted by federal law.
(3) a. Control the manufacture, possession, sale, and delivery of alcoholic liquors in accordance with this title; and control the purchase, possession, transportation, and sale of alcoholic liquors by those licensed to manufacture or to sell.
b. The Commissioner’s power to control the sale of alcoholic liquors may not be exercised in such a manner as to prevent any holder of a package store license for the sale of alcoholic liquors not for consumption on the premises where sold from giving a retail purchaser of a case or more of spirits, wine, or both a discount not to exceed 10% of the total dollar sale.
(4) Grant, refuse, or cancel licenses required by this title for the manufacture or sale of alcoholic liquor, or other licenses required by this title in regard thereto, and transfer any license granted.
(5) a. On petition signed by at least 10 individuals who are residents of the neighborhood, hear complaints regarding the appointments of, or the conduct of business in, any establishment where alcoholic liquor is licensed to be sold.
b. The Commissioner’s office shall give 10 days’ notice of a hearing by sending the notice, together with a recital of the complaint, by first-class mail to the address of the holder of the license for the establishment.
c. A hearing must be conducted by the Commissioner and must be public. For the purpose of a hearing, the Commissioner has the power to issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony, and compel the production of pertinent books, payrolls, accounts, papers, records, and documents.
d. Whenever a person summoned to testify or to produce any such written or printed evidence refuses, without reasonable cause, to be examined, answer a legal and pertinent question, or produce any such written or printed evidence, the Commissioner conducting the hearing may certify the fact of any refusal to the Superior Court of the county in which the hearing is held and the court may proceed against the person for a contempt and punish the person in the same manner as persons are punished for contempt of court.
(6) Determine and publish standards for the manner in which a dining room of a hotel, restaurant, or club must be equipped in order to be allowed to exercise the privilege of the sale of alcoholic liquors in the dining room; and examine the plans or premises proposed for use as a dining room and authorize their use in connection with a license to sell alcoholic liquors, but the Commissioner’s authorization does not prevent the Commissioner from requiring future alterations in accordance with published standards.
(7) a. Compel the attendance of witnesses and the production of contracts, papers, books, accounts, and other documents.
b. Subpoenas issued must be signed by the Commissioner. Subpoenas may be served by any sheriff, deputy sheriff, constable, or any agent of the Division and return thereof made to the Commissioner.
c. The Commissioner may enforce compliance with a subpoena issued under this subsection by filing a motion to compel in the Superior Court that has jurisdiction over the matter. The court may award costs and attorney fees if the court determines that noncompliance with a Commissioner subpoena was unjustified, intentional, or in bad faith.
(8) For purposes of this title, act as the competent authority in connection with other matters pertinent thereto.
(9) Annually publish license information on the Commissioner’s publicly-available website setting forth all matters of interest and all statistics concerning liquor regulation and control in this State, including all of the following:
a. The number of licenses of each variety issued within this State.
b. The name and address of each person licensed to manufacture or to sell alcohol, spirits, wine, and beer.
c. The amount of alcohol, spirits, wine, and beer sold within this State.
d. The number of licenses of each kind granted and the number cancelled during the year.
e. Other data that makes a complete report to the people of this State.
(10) Negotiate and, with the approval of the Governor, enter into reciprocal agreements with the duly authorized officials of other states of the United States relative to the manufacture, importation, sale, and transportation of alcoholic liquors in the several states.
(11) [Repealed.]
(12) Provide warning signs as required by § 903(a)(16) of this title, distribute warning signs to license holders, and promulgate regulations with respect to the posting of the warning signs. A nominal fee may be charged by the Commissioner to cover printing, handling, and distribution costs.
(b) The Commissioner’s decision is conclusive unless, within 30 days after the Commissioner’s office mails notice of the decision, a party to the hearing files an appeal in the office of the Commissioner. Upon receipt of the appeal, the Commissioner shall cause the Chairperson of the Appeals Commission to be advised of the pending appeal. The Chairperson shall cause the Appeals Commission to be convened, with at least 20 days’ notice to all parties. The appeal must be heard by the Appeals Commission, who shall review, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, the matter on the record and affirm, reverse, or modify the Commissioner’s decision.
(c) The Commissioner may appear before the Appeals Commission for any appeal of the Commissioner’s decision and may appeal any decision of the Appeals Commission or any decision of the Superior Court on appeal from the Appeals Commission.
