dissenting:
I disagree with the majority’s conclusion that the area used by Sam’s Club as a retail store for the sale of alcoholic beverages is not a part of the premises of Sam’s Club, a grocery store. I therefore must dissent.
-As the majority states at page 908: “For almost fifty years, it has been unlawful in Delaware for any owner, lessee or manager conducting a grocery store ... to sell or disperse alcoholic liquors on its premises.” The critical word is “premises” and I agree *911with the holding of the Superior Court that “[b]ecause the undisputed record shows that Sam’s is primarily a dealer in staple foodstuffs and household supplies, the Commission erred as a matter of law when it concluded from the evidence before it that Sam’s is a proper applicant for a package store license on its premises.” As aptly stated by the Superior Court, “[t]he Commission cannot, under the guise of its administrative authority, include a grocery store such as Sam’s within the eligible class of licensees for off-premises licenses by drawing an artificial distinction between the package store and Sam’s itself.”
The decision of the Commission necessarily required it to construe the word “premises” as it appears in 4 Del.C. § 516(a) (quoted on page 908). That was a decision of law reviewable de novo by both the Superior Court and this Court. An administrative agency cannot amend, alter or enlarge a legislative enactment. See Ruby Construction Co. v. Dept. of Revenue, Ky.Ct.App., 578 S.W.2d 248 (1978); Trump-Equitable Fifth Ave. Co. v. Gliedman, N.Y.CtApp., 57 N.Y.2d 588, 457 N.Y.S.2d 466, 443 N.E.2d 940 (1982).
1 Del.C. § 303 states:
‘Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the English language ...”
“Premises” has been defined as: “A piece of real estate, a house or building and its land.” Webster’s New Twentieth Century DICTIONARY (2d ed. 1965).
The undisputed facts show that Sam’s Club is but one premises and it is being used as a grocery store and for the sale of liquors in violation of 4 Del.C. § 516(a). This is not a situation where there are two separate stores in a strip shopping center. There is but one large self-contained building that is surrounded by open space. The building is served by one heating and air conditioning system and one electric meter. Significantly, there is a single entrance/exit area to the building. It is an enclosed foyer that is an integral part of the building. The entrance to the area where liquors are sold and the entrance to the area where groceries are sold are both within that foyer.
There is a single sign on the premises that states: “Sam’s Club — Members Only.” It is conceded that although membership in Sam’s Club is not required to purchase liquor, the liquor is sold for the convenience of the members of Sam’s Club. The sale, of liquor is managed by the same general manager as the remainder of the store.
In construing a statute a court must attempt to ascertain the legislative intent. The framers of the Delaware Constitution recognized that the sale of alcoholic beverages requires special limitations when it adopted Article XIII, § 3 of the Delaware Constitution. In fulfilling its responsibility under the Constitution, the General Assembly long ago made it clear that it is a crime for a minor to enter a package store. 4 Del.C. § 904(e) states:
(e) Whoever, being under the age of 21 years, enters or remains in a tavern, taproom or package store, or while therein has on his person at any time alcoholic liquors, shall be fined not more than $25.
This reflects the public policy that minors should not be permitted to enter the premises where alcoholic beverages are sold for consumption off the premises. This policy aids in the enforcement of the prohibition of sale of alcoholic beverages to minors and also informs minors that the purchase of alcoholic beverages by them is prohibited. It also helps to eliminate tie-in sales of groceries and alcoholic beverages that might encourage the use of alcohol.
The enactment in 4 Del.C. § 516(a) of the clause that prohibits a grocery store from selling alcoholic beverages on its premises was in accord with these policies and it is not our prerogative to weaken them. If the General Assembly desires that alcohol can be sold in grocery stores it can easily amend the statute to so provide.