Small Town News

Area business concerned over alcohol bill

---

Legislation aimed at increasing penalties against people who provide alcohol to minors is drawing opposition from the business community on grounds the legislation could open the door for lawsuits against restaurants and bars.

House Bill 70 seeks to increase the minimum fine from $100 to $250 for providing alcohol to underage drinkers. It also makes community service mandatory for anyone convicted, and it would allow anyone injured by a minor under the influence of alcohol to sue the person or people who provided the booze.

The bill is sponsored by Rep. Michael Barbieri, D-Newark, and cosponsored by Rep. Ruth Briggs King, R-Georgetown, among others.

King did not return calls for comment. The bill is currently assigned to the House Judiciary Committee.

Rep. Pete Schwartzkopf, D-Rehoboth Beach, said he isn't sure the bill would harm area restaurants if passed, but he has heard talk of loopholes that would allow a restaurant to be sued.

"Obviously we will have to debate the issue," said Schwartzkopf. "As the bill is written right now, I believe licensees like restaurants and bars are exempted. But, I have seen emails where private attorneys are telling businesses it opens the door for lawsuits. If there is any shred of truth that it can include and impact businesses, then I will not vote for it."

Schwartzkopf said he never wants to vote for anything that could harm businesses.

"I am a big supporter of our local business," Schwartzkopf said. "They are our lifeblood down here, and I will do everything I can to protect those businesses."

An April 13 action alert sent out by the Rehoboth Beach-Dewey Beach Chamber of Commerce notified local businesses about House Bill 70 and its possible effects on resort businesses.

Carol Everhart of the chamber did not return calls for comment. In the chamber's release, Carrie Leishman of the Delaware Restaurant Association said, "The bill's language does not specifically exempt licensees. Lawyers could sue using case law, and businesses could be forced to defend themselves against a liability lawsuit which could be financially devastating."

Leishman did not return calls for further comment.





© 2011 Cape Gazette Lewes, Delaware. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

More from Cape Gazette