Legal Opinion

Down Under, Ltd. v. Delaware Alcoholic Beverage Control Commission

Superior Court of Delaware

Decided October 31, 1989PublishedCited by 5 opinions

1Opinion of the Court

HERLIHY, Judge.

This is an appeal by The Down Under, Ltd., t/a The Down Under Restaurant [Down Under] from a decision of the Delaware Alcoholic Beverage Control Commission [Commission].

After a hearing on October 20, 1988, the Commission determined that Down Under had sold an alcoholic beverage to a person who was or who appeared to be intoxicated (4 Del.C. § 711) and had sold an alcoholic beverage to a person under the age of 21 (4 Del.C. § 713(a)(1), but it dismissed the charge that Down Under had allowed individuals under the age of 21 to sit or stand at a bar where alcoholic beverages were…

2Cases cited37 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. United States v. SalvucciSupreme Court of the United States · 1980
  4. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  5. Olney v. CoochSupreme Court of Delaware · 1981

32 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Delaware Alcoholic Beverage Control Commission v. NewsomeSupreme Court of Delaware · 1996
  2. Delaware Alcoholic Beverage Control Commission v. NewsomeSupreme Court of Delaware · 1996
  3. Fasano v. DNRECSuperior Court of Delaware · 2025
  4. Genesis Healthcare v. Delaware Department of Health and Social ServicesSuperior Court of Delaware · 2018
  5. Poulos v. Council on Real Estate AppraisersSuperior Court of Delaware · 2025

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