Seversky, Inc. v. Delaware Alcoholic Beverage Control Commission

DUFFY, Justice:

In this appeal the issue is whether local option against the sale of alcoholic beverages may be constitutionally exercised through a town ordinance. We conclude that it may not be.

I

The Delaware Alcoholic Beverage Control Commission denied plaintiff an off-premise license to sell alcoholic beverages in the Town of Fenwick Island. The only basis for denial was a local ordinance which provides:

“SECTION 1: It shall be unlawful for any person or persons to own or operate an establishment for the purpose of selling alcoholic liquors to be consumed on the premises thereafter in the…