purpose of the consumption of food.
An argument can be made that a restaurant as defined by the Act is subject to that provision of the Equal Accommodations Law, 6 Del. C. § 4501 et seq., which prohibits an establishment from refusing service to any person based on age, and therefore, that the Act implicitly requires that a restaurant admit persons of all ages for purposes of the consumption of food. We believe such an argument fails for two reasons.
First, if the Legislature had intended for the Act to regulate age admission policies of restaurants it could have clearly expressed such intent. Indeed, the Legislature did just that in connection with other licensees. Specifically, 4 Del. C. § 512, which authorizes the grant of a license to a restaurant, also authorizes the ABCC to grant a license to a multiple activity club. In doing so, the statute expressly requires that there be "no age restrictions on persons permitted on the premises of a licensed multiple activity club." Similarly, the Act defines a cabaret as an establishment "where a minor...is to be denied admission to or permission to remain on the premises after 9:00 p.m. (official eastern time) unless accompanied by a parent or by a legal guardian." 4 Del. C. § 101(6). Further,
4 Del. C. § 904(d)-(e) prohibit taverns or taprooms from admitting persons under the age of 21.
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