Delaware § 708 - Prohibition of sales to certain persons.

§ 708. Prohibition of sales to certain persons.

(a) A person or licensee may not sell any alcoholic liquor to any of the following:

(1) An individual who has not reached the age of 21 years. In any prosecution for an offense under this paragraph (a)(1) it is an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of the individual affixed on the identification, and the identification sets forth information that would lead a reasonable person to believe the individual was 21 years of age or older.

(2) A person to whom such sale is prohibited.

(3) [Repealed.]

(b) A sale made to any person mentioned in this section, other than an individual who has not reached the age of 21 years, does not constitute a misdemeanor unless the Commissioner, the Division, or both has informed the seller, by registered letter, that it is forbidden to sell to such person or unless the fact is otherwise known to the seller.

38 Del. Laws, c. 18, §  34;  Code 1935, §  6163;  41 Del. Laws, c. 249, §  1;  4 Del. C. 1953, §  715;  49 Del. Laws, c. 57, §  1;  58 Del. Laws, c. 511, §  1;  59 Del. Laws, c. 107, §  55;  61 Del. Laws, c. 493, §  2;  64 Del. Laws, c. 216, §§  1, 2;  67 Del. Laws, c. 109, §  19;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  10;  75 Del. Laws, c. 255, §  1;  78 Del. Laws, c. 179, §  2;  80 Del. Laws, c. 61, §  1;  85 Del. Laws, c. 269, § 19;