title4.pdf

Title 4

Alcoholic Liquors and Marijuana

NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the

editorial staff of LexisNexis in cooperation with the Division of Research of Legislative Council of the

General Assembly, and is considered an official version of the State of Delaware statutory code. This

version includes all acts enacted as of August 12, 2024, up to and including 84 Del. Laws, c. 349-356, 358,

362, 363.

DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither

the State of Delaware nor any of its employees, makes any warranty, express or implied, including the

warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or

responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents

that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of

individual statutes.

Legislative Council,

General Assembly

State of Delaware

Cover Page

Chap. 1 - GENERAL PROVISIONS

Chapter 1

GENERAL PROVISIONS

§ 101 Definitions.

---As used in this title, in addition to their usual meaning:

---(1) “Alcohol” means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not,

whatever may be the origin thereof, and includes synthetic ethyl alcohol, but it does not mean ethyl alcohol, diluted or not, that has been

denatured or otherwise rendered unfit for beverage purposes.

---(2) “Alcoholic liquor” or “alcoholic liquors” include the 5 varieties of liquor defined in this section (alcohol, spirits, wine, beer and

alcoholic cider) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or alcoholic cider and capable of

being consumed by a human being, and any liquid or solid containing more than 1 of the 5 varieties defined in this section is considered

as belonging to that variety which usually has the higher percentage of alcohol. “Alcoholic liquor” or “alcoholic liquors” does not

include a powdered alcoholic beverage. Notwithstanding any other definition in this chapter, “alcoholic liquor” does not include solids

and confections that contain 2% or less alcohol by weight, so long as the package which contains the product or any menu or other

medium noticing the product for sale, if the product contains between ½ of 1% alcohol by volume and 2% alcohol by weight, is labeled

with the word “alcoholic,” the phrase “contains alcohol,” or some other indication that the product contains alcohol.

---(3) “Appeals Commission” shall mean 3 persons, 1 from each County, appointed by the Governor with the advice and consent of a

majority of the Senate.

---(4) “Barrel”, when used as a container for beer, means such container having a capacity of 31 United States standard gallons of 231

cubic inches.

---(5) “Beer” means any beverage containing more than

/2 of 1% of ethyl alcohol by volume, obtained by the alcoholic fermentation of

any infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed

liquors.

---(6) “Beer garden” means a defined, outdoor establishment not less than 10,000 contiguous square feet, which is open to the public for

at least 5 consecutive months. A beer garden may sell beer, wine, and spirits by the glass or beer by the bottle, for consumption on any

portion of the licensed premises. The sale of food is not required for licensure. The boundaries of a beer garden must be enclosed with a

barrier no less than 42 inches high from the floor elevation, constructed of wood, concrete, plastic, rope, or wrought iron fencing, or

other approved material. A beer garden must have a physical structure, which may be permanent or removable, and must be substantial.

A “substantial physical structure” shall mean equipment and structures costing no less than $250,000 at the time of acquisition. A beer

garden license may not be used by an existing liquor license holder to expand the size or nature of the licensed establishment.

---(7) “Bottle” means any vessel that is corked, capped or stopped or arranged so to be and intended to contain or to convey liquids.

---(8) “Bottle club” means an establishment operated for profit or pecuniary gain where customers of the establishment enter on the

premises for the purpose of consuming alcoholic liquors that are brought onto the premises by the customers, consumed on the premises

by the customers, and removed by the customers when the customers depart.

---(9) “Cabaret” means an establishment where patrons are entertained by performers who dance, sing, play instruments or perform

other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after

service or dinner, and where a minor, as defined in § 708 of this title, is to be denied admission to or permission to remain on premises

after 9:00 p.m. (official eastern time) unless accompanied by a parent or by a legal guardian.

---(10) “Caterer” means any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social

gatherings such as weddings, dinners, benefits, banquets or other similar events for consideration on a regular basis and duly licensed by

the State as caterers with at least 60% of its gross receipts resulting from the sale of food.

---(11) Without regard to its usual meaning, and by way of limitation, “alcoholic cider” means any fermented beverage made from

apples, containing more than

/2 of 1% but not more than 7% of ethyl alcohol by volume. For purposes of this title, alcoholic cider shall

be treated as within the definition of “wine” unless the specific language of a particular section indicates a contrary intent.

---(12) “Club” means a corporation or association created by competent authority, which is the owner, lessee or occupant of premises

operated solely for objects of national, social, patriotic, political or athletic nature, or the like, whether or not for pecuniary gain, and the

property as well as the advantages of which belong to or are enjoyed by the stockholders or by the members of such corporation or

association. A public golf course, open to all members of the public, whether privately or publicly owned, whose primary purpose is the

operation of a golf course shall be included within meanings of this definition. Members of the public, utilizing the golf facility, shall be

considered guests of the club.

---(13) “Commissioner” means the person appointed by the Governor and confirmed by the Senate who serves as the Alcoholic

Beverage Control Commissioner for the State.

---(14) “Concert hall” shall mean an indoor facility used to host live entertainment that is owned, leased, under easement, and/or

operated by any person and that has capacity for at least 600 patrons for any single event. In order for a facility to be licensed as a

concert hall, the facility shall host a minimum of 250 live music events in any biennial licensing period. A facility meeting this

Title 4 - Alcoholic Liquors and Marijuana

Page 1

definition may license the entire building, including patio, with the concert hall license.

---(15) “Cooking wine” means a wine that is no more than 20% alcohol by volume and includes no less than 1.5% salt that is intended

for cooking and not for beverage consumption.

--- (16) “Denatured alcohol” means ethyl alcohol or liquors containing ethyl alcohol to which substances or ingredients have been added

to render the ethyl alcohol or liquors unfit for beverage purposes.

---(17) “Disorderly house” means house, or reputed house, of prostitution, ill-fame or assignation.

---(18) “Distillery”, “winery” and “brewery” mean not only the premises whereon alcohol or spirits is distilled or rectified, wine is

fermented or beer is brewed, but, in addition, the person owning, representing or in charge of such premises and the operations

conducted thereon, including the blending and bottling or other handling and preparation of alcoholic liquor in any form.

---(19) “Division” means “Division of Alcohol and Tobacco Enforcement.”

---(20) “Establishment” means any place located physically in this State where alcoholic liquor of 1 or more varieties is stored, sold or

used by authority of any law of this State, including a hotel, restaurant, tavern, beer garden, or club as defined in this section, or where

alcoholic liquor of 1 or more varieties is manufactured by virtue of any law of this State.

---(21) “Fermented beverage” means any product similar to beer, including sake and seltzer, containing ½ of 1% or more of alcohol by

volume, brewed from substitutes for malt, including rice, grain, bran, glucose, sugar and molasses.

---(22) “Gathering of persons” or “gathering” means a banquet, picnic, bazaar, fair or similar private gathering or similar public

gathering where food or drink are sold, served or dispensed by nonprofit organizations such as churches, colleges and universities,

volunteer fire companies, political parties or other similar nonprofit groups having a common civic, social, educational or religious

purpose, or where entrance tickets are sold or entrance fees are required by those nonprofit organizations.

---(23) “Hotel” means any establishment, provided with special space and accommodation, where, in consideration of payment, food

and lodging are habitually furnished to travelers.

---(24) “Import” means the transporting or ordering or arranging for the transportation or shipment of alcoholic liquor into the State

whether by a resident of the State or otherwise.

---(25) “Importer” means the person transporting or ordering, authorizing or arranging the transportation or shipment of alcoholic

liquors into this State, whether the person is a resident or citizen of this State or not, said person being permitted to sell said alcoholic

liquors only to those persons licensed to resell alcoholic liquors; provided, however, that nothing contained in this definition shall be

construed as prohibiting an importer from selling such alcoholic liquors to either an active owner of that business for that person’s use

and not for resale or to a full-time, bona fide employee of that business for that person’s use and not for resale; and provided further, that

nothing contained in this definition shall be construed as prohibiting an importer from selling beer in “half-barrel” or “quarter-barrel”

containers to the holders of a personal license. The Commissioner may enact such rules regulating the sale of alcoholic liquor to active

owners and employees of licensed importers as it deems necessary.

---(26) “License” means any license or permit to manufacture, to sell, to purchase, to transport, to import or to possess alcoholic liquor

authorized or issued by the Commissioner under the provisions of Chapter 5 of this title.

---(27) “Manufacture” means distill, rectify, ferment, brew, make, mix, concoct or process any substance or substances capable of

producing a beverage containing more than

/2 of 1% of alcohol by volume and includes blending, bottling or other preparation for sale.

---(28) “Manufacturer” means any person engaged in the manufacture of any alcoholic liquor and among others includes a distiller, a

rectifier, a wine maker, a brewer, and includes a bottler or one who prepares alcoholic liquor for sale.

---(29) “Mead” means an alcoholic beverage that is naturally fermented (not distilled or frozen) wherein the major source of fermentable

sugars comes from honey.

---(30) “Member of a club” means an individual who, whether as a charter member or admitted in accordance with the rules or the

bylaws of the club, has become a member thereof, who maintains membership by the payment of dues in the manner established by the

rules or bylaws, and whose name and address is entered on the list of members supplied to the Commissioner at the time of the

application for a license under Chapter 5 of this title, or, if admitted thereafter, within 8 days after admission and payment of dues, if

such dues are required. The Commissioner is authorized to extend the meaning of the words “member of a club” to include those who

are granted temporary membership or membership of less than 1 year in accordance with a rule or bylaw of the club approved by the

Commissioner. “Member of a club” which is a multiple activity club means a person who, pursuant to the charter, bylaws or rules of the

club, is a member in good standing of such club, and whose name and address is supplied in writing to the Commissioner by the club

within 8 days after admission to membership, or who holds a temporary membership in such club, pursuant to a charter provision, or

bylaw or rule approved by the Commissioner.

---(31) “Motorsports speedway” shall mean a motorsports speedway (including any contiguous land when being used in connection with

its events) that is owned, leased, under easement, and/or operated by any person and having a seating capacity of at least 5,000 seats. A

motorsports speedway may operate under its own license while using the premises of a license holder at a horse racetrack, but only to

the extent that neither license holder uses the same portion of the premises at the same time and no commingling of inventory occurs.

The converse of this shall also apply to a license holder at a horse racetrack using the premises of a motorsports speedway.

---(32) “Movie theater” shall mean an indoor facility used to host showings of motion pictures and that has a capacity of at least 500

patrons for any single movie showing or for showing of multiple movies in separate theaters at the same time. In order for a facility to

Title 4 - Alcoholic Liquors and Marijuana

Page 2

be licensed as a movie theater, the facility shall host a minimum of 250 movie showings in any calendar year and shall be open at least 5

days a week.

---(33) “Multiple activity club” is a club as to which, in the determination of the Commissioner, the service of spirits, wine or beer is not

the principal activity in the premises of the club as established by the following:

---a. Gross revenue of the club from the sale of spirits, wine and beer does not exceed 40% of its total annual revenue including dues,

fees and assessments, and either

---b. Meals are served by the club at regular hours on at least 6 days of the week,

---c. The club has a physical facility, regularly used by members of the club, which is devoted primarily to activities other than the

sale or consumption of spirits, wine or beer, or

---d. A public golf course, as defined in paragraph (12) of this section, may be licensed as a multiple activity club, however, is not

subject to the requirements as set forth in paragraph (33)c. of this section.

---(34) “Multi-purpose sports facility” shall mean a stadium, featuring sporting events where admission fees are charged to the public

and having a seating capacity of at least 2,500 seats, and excludes stadia which are operated and maintained by educational institutions,

including, but not limited to, high schools, colleges or universities.

---(35) “Off-site caterer” means any proprietorship, partnership or corporation engaged in the business of providing food and beverages

at social gatherings, such as weddings, dinners, benefits, banquets or other similar events, that are held off the site of the caterer’s

business for consideration and on a regular basis. An off-site caterer must be duly licensed by the State under Title 30 as a caterer, with

at least 60% of its gross receipts resulting from the sale of food.

---(36) “Person” includes an individual, a partnership, a corporation, a club or any other association of individuals.

---(37) “Powdered alcoholic beverage” means any powders or crystals that, after being mixed with sugar, water, or any other

nonalcoholic materials, ferments or otherwise becomes a wine, beer, or other alcoholic beverage.

---(38) “Preparation” means any medicine (patented or proprietary); any mixture containing drugs or mineral substances; any perfume,

lotion, tincture, varnish, dressing, fluid extract or essence, vinegar, cream, ointment or salve; any distillate or decoction, whether or not

containing other substances in solution or suspension, that contains ethyl alcohol or any alcoholic liquor to any amount exceeding

/2 of

1% by volume.

---(39) “Residence” means the place occupied by a person as a domicile or otherwise, either permanently or temporarily, and includes

not only the premises occupied, but also every annex or dependency thereof held under the same title as the premises occupied.

---(40) “Restaurant” means any establishment which is regularly used and kept open principally for the purpose of serving complete

meals to persons for consideration and which has seating at tables for 12 or more persons and suitable kitchen facilities connected

therewith for cooking an assortment of foods under the charge of a chef or cook.

---(41) “Retailer” means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises.

---(42) “Sale” means every act of selling as defined in this section.

---(43) “Sell” means: solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely

gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration,

promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any

other person, to carry alcoholic liquors on one’s person or to transport with one and with intent to sell the same, but not in any

establishment where the sale thereof is allowed.

---(44) “Spirits” means any beverage containing more than

/2 of 1% of ethyl alcohol by volume mixed with water and other substances

in solution, and includes, among other things, brandy, rum, whiskey and gin.

---(45) “Spirits, wine and beer tasting” means the consumption of spirits, wine and beer for the purpose of sampling for prospective

purchase only. The quantity of any individual spirit, wine and beer sampled is not to exceed 1 ounce for wine and beer and

/2 ounce for

spirits.

---(46) “Taproom” means an establishment provided with special space and accommodations and operated primarily for the sale by the

glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a

restaurant where the sale of food is the primary object.

---(47) “Tavern” means any establishment with special space and accommodation for sale of beer and wine as defined in this section to

be sold to each customer in single servings.

---(48) “Temporary large event” means a public or private gathering of more than 1,000 people where food or drink are sold, served or

dispensed and which requires an entrance ticket or entrance fee to attend, including but not limited to a: music festival; car show;

auction; convention or rally.

---(49) “Temporary large event promoter” means the person arranging or promoting the temporary large event.

---(50) “Third-party delivery service” means a company, organization, or entity that is outside of the operation of an establishment’s

business and acts as an intermediary to provide food-delivery services to customers.

---(51) “Traveler” means an individual guest or customer of a hotel, restaurant or tavern.

---(52) “Vehicle” means any means of transportation by land, by water or by air, and includes everything made use of in any way

whatsoever for such transportation.

Title 4 - Alcoholic Liquors and Marijuana

Page 3

---(53) “Whoever”, when used in reference to any offender under this title, includes every person who acts individually or by permission

or agreement for any other person, and includes also such other person.

---(54) “Wine” means any beverage containing more than

/2 of 1% ethyl alcohol by volume obtained by the fermentation of the natural

contents of fruits, vegetables or other products and other vinous liquors, and also includes such beverages when fortified by the addition

of alcohol or spirits as defined in this section.

(38 Del. Laws, c. 18, §§ 3, 4; Code 1935, §§ 6132, 6133(12); 45 Del. Laws, c. 263, § 1; 4 Del. C. 1953, § 101; 50 Del. Laws, c. 300, § 1;

51 Del. Laws, c. 239; 56 Del. Laws, c. 335, §§ 1, 2; 59 Del. Laws, c. 107, §§ 1-3, 71; 59 Del. Laws, c. 128, § 1; 60 Del. Laws, c. 466, §§

1, 2; 63 Del. Laws, c. 397, § 1; 64 Del. Laws, c. 437, § 1; 65 Del. Laws, c. 50, §§ 1-3; 65 Del. Laws, c. 283, § 1; 67 Del. Laws, c. 48, §

1; 67 Del. Laws, c. 109, § 1; 69 Del. Laws, c. 6, § 1; 69 Del. Laws, c. 18, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 353, § 1; 70

Del. Laws, c. 559, §§ 1-4; 71 Del. Laws, c. 210, § 1; 71 Del. Laws, c. 302, §§ 1, 2; 72 Del. Laws, c. 486, §§ 1-4; 73 Del. Laws, c. 244, §

1; 73 Del. Laws, c. 393, § 1; 74 Del. Laws, c. 250, § 1; 76 Del. Laws, c. 32, § 6; 77 Del. Laws, c. 339, § 1; 78 Del. Laws, c. 220, § 1; 79

Del. Laws, c. 6, § 1; 79 Del. Laws, c. 229, § 1; 79 Del. Laws, c. 308, § 1; 80 Del. Laws, c. 4, § 1; 80 Del. Laws, c. 109, § 1; 81 Del.

Laws, c. 15, § 1; 81 Del. Laws, c. 69, § 1; 81 Del. Laws, c. 100, § 1; 81 Del. Laws, c. 372, § 1; 82 Del. Laws, c. 4, § 1; 83 Del. Laws, c.

36, § 1; 83 Del. Laws, c. 152, § 1; 83 Del. Laws, c. 207, § 1; 83 Del. Laws, c. 438, § 1; 84 Del. Laws, c. 37, § 1.)

§ 102 Statewide application; exceptions.

---(a) This title shall apply to the State, but if, in any of the districts created by § 2, article XIII of the Constitution of this State, a majority

of the qualified electors thereof vote against license, the application of this title and the provisions thereof shall be suspended therein.

---(b) Nothing in this title shall be interpreted as authorizing the manufacture, distribution, sale, transportation or importation of alcoholic

liquors, alcohol, spirits, wines or beer, as defined in § 101 of this title, where such manufacture, distribution, sale, transportation or

importation is prohibited by the Constitution of the United States or of the State, or under the statutes thereof.

(38 Del. Laws, c. 18, § 2; Code 1935, § 6131(l); 4 Del. C. 1953, § 102.)

§ 103 Effective date; extent of effectiveness.

---(a) Any section or provision of this title which purports to authorize or to license the manufacture, distribution, sale, transportation,

importation, purchase or possession of alcoholic liquor, as defined in § 101 of this title, shall be effective only when and to such extent as

may be permitted under the Constitutions of the United States and of the State, or under the statutes thereof.

---(b) At such time or times as the manufacture and sale of alcoholic liquor is permitted in any of the districts created by § 2, article XIII of

the Constitution of this State, such manufacture and sale shall be regulated under the provisions of this title and by the Commissioner

mentioned in § 301 of this title.

(38 Del. Laws, c. 18, §§ 2, 4; Code 1935, §§ 6131(2), 6133(2); 4 Del. C. 1953, § 103; 72 Del. Laws, c. 486, § 5.)

§ 104 Sale or shipment out of State.

---(a) No sale of alcoholic liquor shall be made to a person in a state or a division of a state where such sale is prohibited by law.

---(b) No shipment of alcoholic liquor shall be made into a state or into a division of a state where such shipment is prohibited by law.

(38 Del. Laws, c. 18, § 2; Code 1935, § 6131(3), (4); 4 Del. C. 1953, § 104.)

Title 4 - Alcoholic Liquors and Marijuana

Page 4

Chap. 2 - TRANSITION PROVISIONS

Chapter 2

TRANSITION PROVISIONS

§ 201 Transition provisions.

---(a) All definitions and references to any commission, division or agency which appear in any other act or law are to be construed, to the

extent they are consistent with this chapter and in connection with the function transferred by this chapter, as referring or relating to the

agency, department, division, office or subdivision to which the function is transferred.

---(b) All orders, rules and regulations made by any commission, division or agency which govern the functions of such commission,

division or agency, and which are in effect on December 1, 2000, shall remain in full force and effect until revoked or modified in

accordance with law by the agency, department, division, office or subdivision to which the functions are transferred.

---(c) All investigations, petitions, hearings and legal proceedings pending before or instituted by, any agency, commission or division from

which functions are transferred by this chapter and which are not concluded by December 1, 2000, shall continue unabated and remain in

full force and effect to be completed by the agency, department, division, office or subdivision assigned under this chapter.

(72 Del. Laws, c. 486, § 6.)

Title 4 - Alcoholic Liquors and Marijuana

Page 5

Chap. 3 - DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSIONER

Chapter 3

DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSIONER

§ 301 Delaware Alcoholic Beverage Control Commissioner; Appeals Commission; qualifications;

appointment; term; compensation.

---(a) The Commissioner shall be a resident of Delaware and suitably educated and experienced to carry out the duties and responsibilities

set forth in this chapter.

---(b) The Commissioner and 3 members of the Appeals Commission, 1 from each County, shall be appointed by the Governor and

confirmed by a majority of the members elected to the Senate and shall serve at the pleasure of the Governor.

---(c) In the event of death, resignation, temporary incapacity or removal of the Commissioner and prior to the appointment of a successor,

the Governor may appoint the Deputy Commissioner, or such other person as deemed qualified by the Governor, to serve as Acting

Commissioner. The Commissioner may name a Deputy Commissioner. The Commissioner may, during an absence from the State, appoint

the Deputy Commissioner to serve as Acting Commissioner during such absence. In either case, the Acting Commissioner shall have all

the powers and shall perform all the duties and functions of the Commissioner during the Commissioner’s absence or incapacity or until a

successor is duly qualified and appointed.

---(d) The Commissioner shall be compensated as provided for in the Annual Budget Act.

---(e) The members of the Appeals Commission shall be compensated at the rate of $150 per meeting together with the reasonable expenses

for no more than 12 meetings per year.

---(f) The Appeals Commission shall meet and elect a chairperson who shall convene meetings of the Commission as frequently as needed

to consider appeals of the Commissioner’s decision.

(38 Del. Laws, c. 18, § 4; Code 1935, § 6133(1), (5)-(7); 4 Del. C. 1953, § 301; 50 Del. Laws, c. 393, § 3; 50 Del. Laws, c. 547, § 3; 55

Del. Laws, c. 308, § 1; 60 Del. Laws, c. 265, § 1; 72 Del. Laws, c. 486, § 7; 73 Del. Laws, c. 135, § 1.)

§ 302 Location of office [Repealed].

38 Del. Laws, c. 18, § 4; Code 1935, § 6133(11); 4 Del. C. 1953, § 302; 57 Del. Laws, c. 404, § 1; 72 Del. Laws, c. 486, § 7; repealed by

83 Del. Laws, c. 339, § 39, effective June 30, 2022; repealed by 83 Del. Laws, c. 514, § 2, effective Oct. 26, 2022.

§ 303 Employees.

---Necessary staff as required shall be employed as required to carry out the work under the chapter. After December 1, 2001, the Joint

Legislative Oversight and Sunset Committee will review the duties and responsibilities of the Commissioner to determine if additional

staff, including hearing officer or officers, is necessary. The Department of State shall provide personnel services and other necessary

support services for the office of the Commissioner and the Appeals Commission.

(38 Del. Laws, c. 18, § 4; Code 1935, §§ 6133(8)-(10); 4 Del. C. 1953, § 303; 72 Del. Laws, c. 486, § 7; 74 Del. Laws, c. 110, § 138; 80

Del. Laws, c. 260, § 6; 84 Del. Laws, c. 81, § 124.)

§ 304 Duties and powers of the Commissioner.

---(a) The Commissioner, in accordance with the Delaware Administrative Procedures Act, shall:

---(1) Adopt and promulgate rules and regulations not inconsistent with this title or of any other law of the State, and all such rules and

regulations shall have the force and effect of law; provided, however, that no such rule or regulation shall extend, modify or conflict

with any law of this State or the reasonable implications thereof; and provided further, however, that such rules and regulations, as

established by the Commissioner, shall focus primarily on public safety and the best interests of the consumer and shall not unduly

restrict competition within the alcoholic beverage industry;

---(2) Establish by rules and regulations an effective control of the business of manufacture, sale, dispensation, distribution and

importation of alcoholic liquors within and into the State, including the time, place and manner in which alcoholic liquors shall be sold

and dispensed, not inconsistent with this title or with any other law of this State. However, such rules and regulations, as established by

the Commissioner, shall not control or regulate:

---a. Recreational equipment located on the business premises of any business selling alcoholic beverages;

---b. Credit transactions between licensed wholesalers and licensed retailers, to the extent permitted by federal law;

---c. [Repealed.]

---(3) Control the manufacture, possession, sale and delivery of alcoholic liquors in accordance with this title; and control the purchase,

possession, transportation and sale of alcoholic liquors by those licensed to manufacture or to sell; provided, however, that the

Commissioner’s power to control the sale of alcoholic liquors shall not be exercised in such a manner as to prevent any holder of a retail

license for the sale of alcoholic liquors not for consumption on the premises where sold from giving a retail purchaser of a case or more

of spirits and/or wine a discount not to exceed 10% of the total dollar sale;

---(4) Grant, refuse or cancel licenses required by this title for the manufacture or sale of alcoholic liquor, or other licenses required by

this title in regard thereto, and to transfer any license granted;

---(5) On petition signed by at least 10 individuals who are residents of the neighborhood, hear complaints in regard to the appointments

Title 4 - Alcoholic Liquors and Marijuana

Page 6

of, or the conduct of business in, any establishment where alcoholic liquor is licensed to be sold. Ten days’ notice of such hearings,

together with a recital of the complaint, shall be sent by registered mail by the Commissioner’s office to the address of the holder of the

license for the establishment and like notice shall be delivered at the establishment by affixing the notice addressed to the holder of the

license to the outside of an entrance door to the establishment. The hearings shall be conducted by the Commissioner and shall be

public. The Commissioner shall for the purpose of such hearings have power to issue subpoenas, compel the attendance of witnesses,

administer oaths, take testimony and compel the production of pertinent books, payrolls, accounts, papers, records and documents. In

case any person summoned to testify or to produce any such written or printed evidence shall refuse, without reasonable cause, to be

examined or to answer a legal and pertinent question or to produce any such written or printed evidence, the Commissioner conducting

the hearing may certify the fact of any such refusal to the Superior Court of the county in which such hearing is held and the court may

proceed against the person so refusing as for a contempt and punish such person in the same manner as persons are punished for

contempt of court;

---(6) Determine and publish standards for the manner in which the dining room or dining rooms of a hotel, restaurant or club shall be

equipped in order to be allowed to exercise the privilege of the sale of alcoholic liquors therein; and examine the plans or premises

proposed for use as a dining room and authorize their use in connection with a license to sell alcoholic liquors, but such authorization

shall not prevent the requirement by the Commissioner of future alterations in accordance with published standards;

---(7) Compel the attendance of witnesses and the production of contracts, papers, books, accounts and other documents. Subpoenas

issued shall be signed by the Commissioner and may be served by any sheriff, deputy sheriff, constable or any agent of the Division and

return thereof made to the Commissioner. The Commissioner may enforce compliance with a subpoena issued pursuant to this

subsection by filing a motion to compel in the Superior Court, which shall have jurisdiction over the matter. The court may award costs

and attorney fees if it determines that noncompliance with a Commissioner subpoena was unjustified, intentional, or in bad faith.

---(8) Act, for purposes of this Title, as the competent authority in connection with other matters pertinent thereto;

---(9) Make an annual report submitted to the Governor and members of the General Assembly setting forth all matters of interest and

all statistics concerning liquor regulation and control in the State, including:

---a. The number of licenses of each variety issued within the State;

---b. The name and address of each person licensed to manufacture or to sell alcohol, spirits, wine and beer;

---c. The amount of alcohol, spirits, wine and beer sold within the State;

---d. The number of licenses of each kind granted and the number cancelled during the year; and

---e. Such other data as may make a complete report to the people of this State;

---(10) Negotiate and, with the approval of the Governor, enter into reciprocal agreements with the duly authorized officials of other

states of the United States relative to the manufacture, importation, sale and transportation of alcoholic liquors in the several states;

---(11) Provide such special seals, labels and wrappers as deemed necessary for protection of the public against imitations, adulterations

and frauds, and prescribe the proper use of the seals, labels and wrappers; and

---(12) Provide such warning signs as may be required by § 903(16) of this title and distribute such signs to license holders and

promulgate regulations with respect to the posting of said signs. A nominal fee may be charged by the Commissioner to cover printing,

handling and distribution costs.

---(b) The Commissioner’s decision shall be final and conclusive unless, within 30 days after notice thereof has been mailed by the

Commissioner’s office, a party to such hearing files an appeal in the office of the Commissioner. Upon receipt of the appeal, the

Commissioner shall cause the Chairperson of the Appeals Commission to be advised of the pending appeal and the Chairperson shall cause

the Commission to be convened with at least 20 days notice to all parties. The appeal shall be heard by the Appeals Commission, who

shall, in accordance with the Administrative Procedures Act, Title 29 of the Delaware Code, review the matter on the record and affirm,

reverse or modify the decision of the Commissioner.

---(c) The Commissioner may appear before the Appeals Commission for any appeal of the Commissioner’s decision and may appeal any

decision of the Appeals Commission or any decision of the Superior Court on appeal from the Appeals Commission.

(38 Del. Laws, c. 18, §§ 5, 27, 35; Code 1935, §§ 6134, 6156, 6164; 42 Del. Laws, c. 193, § 1; 4 Del. C. 1953, § 304; 49 Del. Laws, c.

387; 50 Del. Laws, c. 547, § 4; 57 Del. Laws, c. 494, § 2; 57 Del. Laws, c. 740, §§ 5A, B; 59 Del. Laws, c. 107, §§ 4-7; 59 Del. Laws, c.

590, § 1; 65 Del. Laws, c. 322, § 1; 67 Del. Laws, c. 23, § 3; 67 Del. Laws, c. 110, § 1; 67 Del. Laws, c. 109, §§ 2, 3; 67 Del. Laws, c.

344, § 2; 69 Del. Laws, c. 314, § 1; 69 Del. Laws, c. 340, §§ 1, 2; 71 Del. Laws, c. 271, § 1; 72 Del. Laws, c. 486, § 7; 73 Del. Laws, c.

133, § 1; 80 Del. Laws, c. 325, § 1; 82 Del. Laws, c. 99, § 1.)

§ 305 Oath of Office of Commissioner and employees.

---The Commissioner, Appeals Commission and any hearing officer(s) shall, on entering office, take the oath of the Constitution of the

State. Any other employee may be required to take the oath of the Constitution of the State at the discretion of the Secretary of State.

(38 Del. Laws, c. 18, § 6; Code 1935, § 6135(1); 4 Del. C. 1953, § 305; 57 Del. Laws, c. 740, § 5C; 67 Del. Laws, c. 109, § 4; 69 Del.

Laws, c. 314, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 486, § 7; 84 Del. Laws, c. 81, § 124.)

§ 306 Conflict of interest.

---(a) The Commissioner, Appeals Commission, and any hearing officer(s) or such person’s spouse, or such person’s son or daughter

residing at such person’s residence, shall not have a financial interest in any entity that sells, manufactures, or uses alcohol; provided,

Title 4 - Alcoholic Liquors and Marijuana

Page 7

however, such persons may invest in mutual funds or similar financial instruments that hold no more than a 10% interest in any such entity.

---(b) Neither the Commissioner nor any person employed in the office of the Commissioner shall receive any commission or profit

whatsoever from, or have any interest whatsoever in a business licensed under this chapter to purchase or sell alcoholic liquors; provided,

however, that nothing in this section shall prevent the Commissioner, Appeals Commission, hearing officer(s) or employee from

purchasing and keeping alcoholic liquors in his or her possession for the personal use of him or herself, members of his or her family or his

or her guests if such purchase is otherwise permitted by this title.

---(c) The Commissioner and the Appeals Commission shall annually file with the Public Integrity Commission the Financial Report

pursuant to § 5813 of Title 29.

(38 Del. Laws, c. 18, § 7; Code 1935, § 6136(1), (3); 4 Del. C. 1953, § 307; 57 Del. Laws, c. 740, §§ 5E, F; 59 Del. Laws, c. 107, § 8; 72

Del. Laws, c. 486, § 7.)

§ 307 Commissioner’s statement of interest in liquor business.

---When notified of appointment as Commissioner or Appeals Commissioner, the individual so notified shall furnish in duplicate and in

writing to the Governor and to the President Pro Tempore of the Senate a statement of every interest, direct or indirect, and however small,

held or owned by him or her as a member or as a stockholder in any partnership, corporation or other association engaged in the sale or in

the manufacture of alcoholic liquors or in any undertaking, industry or business in which alcoholic liquors are used or required and prior to

taking the oath of office the Commissioner and Appeals Commission must wholly and fully dispose of all interests. One copy of the

statement shall be inserted in the permanent records of the office of the Commissioner open to public inspection.

(38 Del. Laws, c. 18, § 6; Code 1935, § 6135(2), (3); 4 Del. C. 1953, § 306; 57 Del. Laws, c. 740, § 5D; 69 Del. Laws, c. 314, § 3; 70

Del. Laws, c. 186, § 1; 72 Del. Laws, c. 486, § 7.)

§ 308 Promulgation, repeal and amendment of rules and regulations.

---(a) All rules and regulations of the former Alcoholic Beverage Control Commission currently in place as of December 1, 2000, shall

remain in full force and effect until revoked or modified in accordance with the procedures set forth in this chapter.

---(b) The Commissioner may make any regulation and may amend or repeal any regulation as the Commissioner deems necessary for

carrying out this title respecting internal economy and the conduct of business, and may amend or repeal any such regulation. Such

regulations shall be published in form open to public inspection at the office of the Commissioner and in accordance with the

Administrative Procedures Act.

---(c) Any regulation made by the Commissioner and approved and published as provided by this chapter may be repealed or amended

either by another regulation of the Commissioner, approved and published as so provided, or by an act of the General Assembly of this

State.

(38 Del. Laws, c. 18, § 8; Code 1935, § 6137; 4 Del. C. 1953, § 309; 57 Del. Laws, c. 494, § 1; 72 Del. Laws, c. 486, § 7.)

§ 309 Bond [Repealed].

---Repealed by 73 Del. Laws, c. 134, § 1, eff. July 9, 2001.

§ 310 Deposit of receipts with Division of Revenue.

---All moneys received by the Commissioner shall be paid to the Division of Revenue of the Department of Finance. A monthly report of

all receipts of the Commissioner shall be made to the State Treasurer.

(38 Del. Laws, c. 18, § 11; 40 Del. Laws, c. 24, § 1; Code 1935, § 6140(1); 42 Del. Laws, c. 77, §§ 1-3; 4 Del. C. 1953, § 311; 59 Del.

Laws, c. 107, § 9; 67 Del. Laws, c. 109, § 5; 72 Del. Laws, c. 486, § 7.)

§ 311 Property and profits of the office of the Commissioner.

---All property owned by the office of the Commissioner and all associated profits shall be the property of the State.

(38 Del. Laws, c. 18, § 11; Code 1935, § 6141; 4 Del. C. 1953, § 313; 67 Del. Laws, c. 109, § 5; 72 Del. Laws, c. 486, § 7.)

§ 312 Financial statements of the Commissioner.

---The Commissioner shall render an account to the State Treasurer, in the manner and at the time required by the latter, of its receipts and

disbursements, and of its assets and liabilities. The State Treasurer will not, however, require such reports to be rendered more often than

quarterly.

(38 Del. Laws, c. 18, § 13; Code 1935, § 6142(1); 4 Del. C. 1953, § 314; 59 Del. Laws, c. 107, § 11; 67 Del. Laws, c. 109, § 5; 72 Del.

Laws, c. 486, § 7.)

§ 313 Annual audit.

---The operation of the office of the Commissioner shall annually be examined and audited by the State Auditor of Accounts.

(38 Del. Laws, c. 18, § 13; Code 1935, § 6142(2); 4 Del. C. 1953, § 315; 59 Del. Laws, c. 107, § 12; 67 Del. Laws, c. 109, § 5; 72 Del.

Laws, c. 486, § 7.)

Title 4 - Alcoholic Liquors and Marijuana

Page 8

Chap. 4 - DIVISION OF ALCOHOL AND TOBACCO ENFORCEMENT

Chapter 4

DIVISION OF ALCOHOL AND TOBACCO ENFORCEMENT

§ 401 Division of Alcohol and Tobacco Enforcement.

---The Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security is established as follows for the

administrative, ministerial, budgetary and clerical functions for the enforcement of the alcohol laws of this Code, youth access to tobacco

laws in §§ 1115 through 1127 of Title 11, and the marijuana laws of this title.

(72 Del. Laws, c. 486, § 8; 74 Del. Laws, c. 110, § 138; 74 Del. Laws, c. 250, § 1; 84 Del. Laws, c. 24, § 3.)

§ 402 Location of office [Repealed].

72 Del. Laws, c. 486, § 8; repealed by 78 Del. Laws, c. 348, § 1, eff. July 18, 2012.

§ 403 Duties and powers of the Division.

---The Division shall:

---(1) Investigate, prevent and arrest for violations of this title, make seizure of alcoholic liquor, manufactured, sold, kept or transported

in contravention thereof, and confiscate such alcoholic liquor whenever required by any provision of this title.

---(2) Arrange for the proper sampling, testing and analyzing of alcoholic liquor offered for sale in this State upon receipt of a complaint

regarding health by entering into an agreement with the Director of Forensic Science Laboratories of the Department of Health and

Social Services to test alcoholic liquor product when requested by the Division. This subsection does not apply to home breweries.

---(3) Only require an inventory by a package store licensee if it has evidence to support a finding that such licensee has violated this

title.

---(4) Investigate, prevent, and arrest for violations of this title; seize marijuana, including marijuana products and accessories that are

manufactured, sold, kept, or transported in contravention thereof; and confiscate such marijuana, including marijuana products and

accessories, whenever required by any provision of this title.

---(5) Conduct administrative inspections of a premise licensed under any provision of this title, any provision of the rules and

regulations of the Alcoholic Beverage Control Commissioner, or any provision of the rules and regulations of the Marijuana

Commissioner, at any time the licensee, employee of the licensee, or customer is upon the licensed premise. Administrative inspections

under this paragraph may be conducted only for the purpose of ensuring compliance with the regulations of this title, the rules and

regulations of the Alcoholic Beverage Control Commissioner, or the rules and regulations of the Marijuana Commissioner.

(72 Del. Laws, c. 486, § 8; 84 Del. Laws, c. 24, § 3; 84 Del. Laws, c. 301, § 1.)

§ 404 Employees of the Division.

---The Department of Safety and Homeland Security shall appoint, employ or dismiss every officer or employee necessary for carrying out

the work of the Division, establish salaries, subject to the Annual Appropriation in the Budget Act, and assign them their official titles and

duties, and engage the services of experts and persons engaged in the practice of a profession at the discretion of the Secretary of the

Department of Safety and Homeland Security. At the discretion of the Secretary of the Department of Safety and Homeland Security,

officers and employees appointed by the Department of Safety and Homeland Security shall have the police powers of constables and other

police officers of the State, counties and other subdivisions of the State, and they shall be conservators of the peace throughout the State,

and they shall be eligible for certification by the Police Officer Standards and Training Commission, and may suppress all acts of violence

and enforce the provisions of this title.

(72 Del. Laws, c. 486, § 8; 74 Del. Laws, c. 110, § 138; 84 Del. Laws, c. 149, § 16.)

Title 4 - Alcoholic Liquors and Marijuana

Page 9

Chap. 5 - LICENSES AND TAXES

Subchap. I - Manufacture and Import

Chapter 5

LICENSES AND TAXES

Subchapter I

Manufacture and Import

§ 501 Supplier and representative licenses; delivery and storage at in-state warehouse.

---(a) Before any person sells any alcoholic liquor intended for importation into this State, such person shall procure from the

Commissioner a supplier’s license in the form to be prescribed by the Commissioner and shall pay therefor a biennial fee in the amount of

$100 to be permitted to sell not more than 200 cases of alcoholic liquors for importation into the State during the calendar year or a

biennial fee in the amount of $1,000 to be permitted to sell more than 200 cases of alcoholic liquors for importation into this State during

the calendar year. This subsection shall not apply to any person licensed under subsection (b) of this section or to any person who either is

licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors or is an officer,

director, or employee of a person, licensed by the Commissioner, having a place of business in this State for the manufacture or sale of

alcoholic liquors.

---(b) Before any person shall do any business in this State in any manner whatsoever as a sales representative of a person who sells any

alcoholic liquors intended for importation into this State, such person shall first obtain from the Commissioner a sales representative

license in the form to be prescribed by the Commissioner and shall pay a biennial fee therefor in the amount of $50. Unless employed in

any way by a person required to be licensed under subsection (a) of this section above, this subsection shall not apply to any person, who

either is licensed by the Commissioner and shall not apply to any person, who either is licensed by the Commissioner and has a place of

business in this State for the manufacture or sale of alcoholic liquors or is an officer, director or employee of a person, licensed by the

Commissioner, having a place of business in this State for the manufacture or sale of alcoholic liquors.

---(c) This section shall not apply to a daily importation into the State of a quantity of alcoholic liquor which does not exceed that amount

which the United states government permits to be imported into the United States without payment of any duty thereon, provided such

alcoholic liquor is imported by a person permitted by the laws of this State to purchase and consume alcoholic liquor and that such

alcoholic liquor is imported solely for consumption by the person importing it or the person’s family or guests. If such importation is by

motor vehicle, the alcoholic liquor shall be transported in an area of the motor vehicle not immediately accessible to the driver or to any

passenger therein.

---(d) Persons licensed by the Commissioner as suppliers pursuant to this section shall be authorized only to sell, ship or deliver alcoholic

liquors to licensed Delaware importers or manufacturers, and persons licensed by the Commissioner as sales representatives pursuant to

this section shall be authorized only to solicit orders, on behalf of licensed Delaware importers or manufacturers, from persons licensed by

the Commissioner to sell alcoholic liquors.

---(e) The Commissioner may promulgate such rules and regulations as it deems necessary for the enforcement or furtherance of the

objectives of this section and it may provide by such rules or regulations that the applicant for a supplier’s license may pay a fee for each

calendar year or pay the increased fee during any calendar year without the filing of an additional application.

---(f) No person may import into this State any alcoholic liquor unless it is delivered directly to a licensed warehouse or warehouses in

Delaware owned, leased or operated by a licensed Delaware importer and is unloaded and physically stored in said warehouse or

warehouses.

(38 Del. Laws, c. 18, § 15; Code 1935, § 6144(1); 4 Del. C. 1953, § 501; 58 Del. Laws, c. 25; 59 Del. Laws, c. 107, § 13; 67 Del. Laws,

c. 48, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 408, §§ 1, 2; 72 Del. Laws, c. 486, § 9; 77 Del. Laws, c. 72, § 2.)

§ 502 Application; requirements.

---(a) The application for a license to manufacture or to import alcoholic liquor shall be made upon a blank form furnished by the

Commissioner and shall state:

---(1) The name, age, and previous occupation of an individual applicant or the name and description of a partnership, corporation, or

other applicant organization;

---(2) The location and description of the premises, located in this State, where it is proposed that such alcoholic liquor is to be

manufactured or is to be stored by the importer prior to its resale in the State and whether the premises are owned or leased by the

applicant and, if leased, the name of the owner thereof;

---(3) The amount of capital proposed to be invested in the undertaking;

---(4) The kind and approximate amount of alcoholic liquor proposed to be manufactured or imported;

---(5) The approximate date on which it is proposed to start such manufacture or importation;

---(6) Such other information as is required by the Commissioner.

---(b) The individual signing the application for a license to manufacture or to import alcoholic liquor shall be over 21 years of age.

(38 Del. Laws, c. 18, § 15; Code 1935, § 6144(1); 4 Del. C. 1953, § 502; 59 Del. Laws, c. 107, § 14; 67 Del. Laws, c. 48, § 3; 67 Del.

Laws, c. 109, § 6; 72 Del. Laws, c. 486, § 9.)

Title 4 - Alcoholic Liquors and Marijuana

Page 10

§ 503 Inspection of premises.

---The Commissioner shall inspect or cause to be inspected premises, located in this State, which are proposed by any applicant to be used

for manufacture or storage, and shall make record of the date of such inspection, the name of the inspector and the result of the inspection.

(38 Del. Laws, c. 18, § 15; Code 1935, § 6144(2); 4 Del. C. 1953, § 503; 72 Del. Laws, c. 486, § 9.)

§ 504 Bond.

---The Commissioner may require that any person licensed in accordance with § 501 of this title shall furnish a satisfactory bond in such

amount as the Commissioner deems necessary to guarantee the performance of the requirements of this title.

(38 Del. Laws, c. 18, § 15; Code 1935, § 6144(9); 4 Del. C. 1953, § 504; 59 Del. Laws, c. 107, § 15; 72 Del. Laws, c. 486, § 9.)

§ 505 Conditions for issuance of license.

---No license to manufacture or import shall be issued unless the Commissioner is satisfied as to the responsibility of the applicant, as to

the condition of the premises proposed to be used and as to the means proposed to be used to determine the amount of alcoholic liquor

manufactured or imported.

(38 Del. Laws, c. 18, § 15; Code 1935, § 6144(3); 4 Del. C. 1953, § 505; 72 Del. Laws, c. 486, § 9.)

§ 506 Interest in establishment selling to consumer.

---(a) It shall be unlawful:

---(1) For a manufacturer or supplier, or the owner, partner or stockholder of a manufacturer or supplier, to own or be interested in any

manner in any establishment licensed by the Commissioner to sell alcoholic liquors, either by the bottle or by the glass to the consumer

thereof for consumption either on or off the premises where sold; or

---(2) For a manufacturer, as defined in § 101 of this title, and whether or not said “manufacturing” takes place within this State and

whether or not the activity is licensed by the Commissioner, or the owner, partner or stockholder of such a manufacturer, to own or be

interested in any manner in any establishment licensed by the Commissioner to import alcoholic liquors into the State; or

---(3) For a supplier, whether or not licensed by the Commissioner, who manufactures or has an interest in a manufacturer, or the owner,

partner or stockholder of such a supplier, to own or be interested in any manner in any establishment licensed by the Commissioner to

import alcoholic liquors into the State; or

---(4) For a supplier licensed by the Commissioner, or the owner, partner or stockholder of such a licensed supplier, to own or be

interested in any manner in any establishment licensed by the Commissioner to import alcoholic liquors into the State; or

---(5) For any importer, or the owner, partner or stockholder of an importer, to own or be interested in any manner in any establishment

licensed by the Commissioner to sell alcoholic liquors, either by the bottle or by the glass, to the consumer thereof, for consumption

either on or off the premises where sold.

---(b) This section shall not be construed to prohibit a manufacturer, supplier or importer doing business as a corporation, or the

stockholders thereof, from having an interest in any establishment licensed to sell alcoholic liquors to the consumer thereof, where:

---(1) The stock of such manufacturer, supplier or importer and such establishment is publicly traded on a national or regional exchange

or over-the-counter;

---(2) The manufacturer, supplier or importer does not use its ownership interest in such establishment as to induce, directly or

indirectly, such establishment to purchase any products from the manufacturer, supplier or importer to the exclusion, in whole or in part,

of products sold or offered for sale by other manufacturers, suppliers or importers.

---(c) This section shall not be construed to prohibit a manufacturer or supplier doing business as a corporation, or the stockholders or

affiliates thereof, from having an interest in or obtaining a license for a boat pursuant to § 554(b) of this title.

(38 Del. Laws, c. 18, § 15; Code 1935, § 6144(4); 4 Del. C. 1953, § 506; 63 Del. Laws, c. 258, § 1; 65 Del. Laws, c. 291, § 1; 72 Del.

Laws, c. 486, § 9; 74 Del. Laws, c. 252, § 1; 78 Del. Laws, c. 220, § 1.)

§ 507 Monthly report.

---(a) Notwithstanding any of the provisions of this chapter, every importer of alcoholic liquors licensed by the Commissioner shall make a

report to the Commissioner every month, in the form that the Commissioner determines, which report shall contain an exact return of the

gross amount of each variety of alcoholic liquors bought by the importer and alcoholic liquors sold within this State during the preceding

calendar month. The Commissioner may require such returns to be certified under oath or affirmation of the holder of the license, or of

such other person approved by the Commissioner.

---(b) Any importer who fails to make a return to the Commissioner within 15 days following the expiration of any calendar month for

which it should be made shall be fined $50 per day for each day’s delay counting from the expiration of said 15 days, and the license of

such importer shall be suspended by the Commissioner if the return is not made within 15 additional days.

(38 Del. Laws, c. 18, § 15; Code 1935, §§ 6144(5)-(8); 4 Del. C. 1953, § 507; 59 Del. Laws, c. 107, § 16; 72 Del. Laws, c. 486, § 9.)

§ 508 Filing of price schedules required.

---(a) All manufacturers and distilleries offering for sale in the State alcoholic liquors other than beer or wine, shall file by January 15 of

each year or within 30 days of the first time they become licensed in the State to sell such alcoholic liquors, a verified schedule, in writing,

Title 4 - Alcoholic Liquors and Marijuana

Page 11

in the number of copies and on the form required by the Commissioner, which schedule shall contain the following information as to each

item they are offering for sale at that time, in the State, by brand or trade name:

---(1) The capacity of each package thereof so offered for sale;

---(2) The nature of the contents thereof;

---(3) The age and proof thereof where stated on the container label;

---(4) The number of bottles thereof contained in a case of such items;

---(5) The bottle and case price to the Delaware wholesaler or importer, which prices in each such instance shall be individual for each

item and not in combination with any other item; and

---(6) The discount given for quantity or time of payment, if any.

---Any such schedule need not contain any such information as to any brand which is owned exclusively by a retailer and sold at retail in

Delaware exclusively by such a retailer.

---(b) Such schedule of prices or price of individual item need not be filed at any time other than provided for in subsection (a) of this

section and need not be updated any time a manufacturer or distillery changes such prices between such required filing times.

(4 Del. C. 1953, § 508; 59 Del. Laws, c. 107, § 66; 67 Del. Laws, c. 109, § 7; 72 Del. Laws, c. 486, § 9.)

Subchap. II - Purchase, Sale and Dispensing

Subchapter II

Purchase, Sale and Dispensing

§ 511 General licensing requirements.

---(a) (1) Upon proper application, the Commissioner may grant licenses to persons described in §§ 512-521 of this title to purchase and

resell or dispense alcoholic liquor in the manner and to the extent provided in those sections. The person to whom such license is granted

may purchase, resell or dispense alcoholic liquor in accordance with the person’s license if the license fee has been paid and the license is

still in force.

---(2) a. Except as provided in paragraph (a)(2)b. of this section, a person licensed under §§ 512 and 516 of this title may purchase

product only from an importer licensed by the Commissioner.

---b. A person licensed under §§ 512 and 516 of this title may purchase up to 20 gallons of product per day from a licensee licensed

by the Commissioner for off-premises sales.

---(b) If a licensee holds an on premises license and an off premises license, voluntary relinquishment of 1 of the said licenses and the

retention of the other license shall be permitted automatically by the Commissioner.

---(c) If a person applies for a license as a motorsports speedway under § 512(a) of this title, in lieu of compliance with the procedural

notice and protest requirements of §§ 524 and 541 of this title, the Commissioner shall, on the date the application is filed, schedule a

hearing to consider the application to be held at least 20 days after the application filing date and notify applicant of the hearing date.

Within 3 days thereof, the applicant shall:

---(1) Mail a notice by certified mail, return receipt requested, to all property owners within 1,000 feet from any point on the boundary

line of the premises to which the license shall apply; and

---(2) Cause to be advertised a notice in at least 2 different newspapers for 3 issues circulated in the community in which the applicant

will operate.

---The said notices of the time and location of the hearing shall be approved by the Commissioner prior to distribution.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 511; 59 Del. Laws, c. 107, § 17; 72 Del. Laws, c. 486, § 9; 73 Del.

Laws, c. 244, § 11; 82 Del. Laws, c. 99, § 2.)

§ 512 Licenses.

---(a) Any person, who is the owner or lessee, or who is recognized by the Commissioner as being in charge of a hotel, beer garden, motel,

taproom, restaurant, motorsports speedway, concert hall, horse racetrack, multi-purpose sports facility, club or multiple activity club, may

apply to the Commissioner for a license to purchase spirits, beer, or wine from an importer and to receive, keep and sell such spirits, beer,

or wine either by the glass or by the bottle for consumption on any portion of the premises approved by the Commissioner for that purpose.

Such a license entitles a club to sell such spirits, wine, or beer only to members of that club. A multiple activity club which holds such a

license may apply for an additional license to sell such spirits, wine, or beer to any person who is a guest of such club or of a member of

such club who is duly registered in accordance with a bylaw or rule of such club, approved by the Commissioner, provided that if the

Commissioner determines that any applicant is not a multiple activity club, as defined in § 101 of this title, the application shall be denied.

There shall be no age restrictions on persons permitted on the premises of a licensed multiple activity club.

---(1) Notwithstanding any law, regulation, or rule to the contrary, any restaurant, brewpub, tavern, or taproom, or other entity with a

valid on-premise license issued pursuant to subchapter II of Chapter 5 of this title may sell alcoholic liquors in transactions for take-out,

curbside, or drive through service.

---(2) All alcoholic liquors sold for off-premise consumption under this subsection must comply with all of the following requirements:

---a. Be sold in containers that are securely closed, which means a container that is designed to prevent consumption without removal

Title 4 - Alcoholic Liquors and Marijuana

Page 12

of the lid, cap, or seal, and does not include a container with a lid with sipping holes or openings for straws.

---b. [Repealed.]

---c. Be limited per customer to 1 750 ML bottle of wine, 6 servings of beer, and mixed cocktails which are made in the restaurant,

brewpub, tavern, taproom, or other entity with a valid on-premise license.

---d. Be sold and served only by a person certified as a responsible alcoholic beverage server pursuant to § 1205 of this title.

---e. If sold by a restaurant, comply with 1 of the following requirements:

---1. The alcoholic liquor is sold with the customer’s purchase of food that costs at least $10.

---2. The alcoholic liquor is ice cream containing up to 10% alcohol by volume.

---(b) (1) The license issued to a horse racetrack or multi-purpose sports facility pursuant to this section shall continue to be valid whether

or not a race meet or sporting event is in progress.

---(2) Subject to the provisions, restrictions and prohibitions of this title, the Commissioner may allow a horse racetrack to brew beer on

its premises under all of the following conditions and restrictions:

---a. The brewing facility must be situated on the premises of, or be physically a part of, the horse racetrack.

---b. The brewing facility must not brew more than 4,000 barrels of beer in any calendar year.

---c. In addition to other permitted sales, the horse racetrack may sell at the licensed premises beer manufactured on the licensed

premises for on-premises consumption.

---d. In addition to other permitted sales, the horse racetrack may sell at the licensed premises beer manufactured on the licensed

premises for consumption off of the premises if the beer is sold in a growler.

---e. The horse racetrack may sell beer manufactured on licensed premises in labeled barrels, bottles, or other closed containers to

wholesalers licensed under this title for delivery by them to persons inside or outside this State.

---f. The horse racetrack is prohibited from owning, operating, or being affiliated with any importer of alcoholic liquor, either in or

without this State.

---g. The Commissioner may make and publish such rules and regulations with respect to the assessment and payment of the tax on

beer, under § 581 of this title, as the Commissioner deems proper, and all such rules and regulations that are not inconsistent with this

title shall have the force and effect of law.

---(3) The issuance of a horse racetrack license that permits the manufacture and sale of beer for off-premises consumption are exempt

from the distance requirements for establishments licensed or to be licensed under § 543(d) of this title, and such requirements do not

affect the granting of a horse racetrack license.

---(c) Any person operating a dinner theater presenting public performances featuring live actors in dramatic or musical productions may

apply to the Commissioner for a license to keep and sell alcoholic liquor to patrons for consumption on the premises served at such

performances, and for consumption on the premises during intermissions, subject to such rules and regulations as may be promulgated by

the Delaware Alcoholic Beverage Control Commissioner, provided that the licensee does not serve alcohol unaccompanied by a meal at

more than 10 performances during the calendar year.

---(d) Any person who has purchased a bottle of alcoholic liquor other than beer from a premises licensed for the sale and consumption on

the premises where sold licensed under this title, and who has partially consumed the contents of such bottle on the licensed premises, may,

if the bottle is capped, remove it from the licensed premises for the purpose of consumption off the licensed premises.

---(e) Any person receiving a license under this section shall be permitted to charge a cover charge at any time live entertainment is actually

being provided by the licensee, provided that any licensee charging a cover charge shall prominently display the fact that a cover charge is

being made, both at the entrance to the premises and on the menu if one is used on the premises.

---(f) Any person operating a bowling alley or movie theater may apply to the Commissioner for a license to keep and sell alcoholic liquor

to patrons for consumption on the premises only. A license for a movie theater shall allow for consumption by patrons within the theater or

theaters where movies are being shown. A movie theater which obtains a license must sell alcoholic liquors at a separate bar or location

away from other food and drink, may only sell 1 alcoholic beverage at a time per age-verified patron and may only serve 2 alcoholic

beverages per patron per movie showing. Movie theater managers and employees involved in serving alcohol must complete alcohol

service training as prescribed by the Commissioner.

---(g) (1) A caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep and

sell such alcoholic liquors either by the glass or by the bottle, for consumption on any portion of the premises approved by the

Commissioner for that purpose.

---(2) An off-site caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive,

keep, transport and sell such alcoholic liquors either by the glass or by the bottle for consumption on any portion of off-site premises

approved by the Commissioner for that purpose. Transporting of alcoholic liquors by an off-site caterer must be done in accordance with

the Commissioner’s rules.

---(h) Notwithstanding any provision of this title to the contrary, motorsports speedways may permit patrons to bring inside with them

alcoholic beverages regulated under this title for their own personal consumption, provided that they have a lawful ticket for admission to

the facility and are of the lawful age to consume alcoholic beverages. The motorsports speedway may restrict the portions of the facility

that patrons may act in accord with this section. Notwithstanding any provision of this title to the contrary, a motorsports speedway is not

Title 4 - Alcoholic Liquors and Marijuana

Page 13

required to maintain a license required pursuant to § 554 of this title in order to permit patrons to bring inside with them alcoholic

beverages regulated under this title for their own personal consumption.

---(i) A certificated air passenger carrier maintaining and operating a warehouse storage facility in the State may apply to the

Commissioner for a license to purchase alcoholic liquors from an importer and to receive at the carrier’s warehouse or airport facility, keep

at the carrier’s warehouse or airport facility, transport to the carrier’s airport facility, and sell such alcoholic liquor to its passengers for

consumption on its aircraft only.

---(j) An establishment licensed as a restaurant shall not be required to use the word “restaurant” in its tradename, menus, advertisements or

signage unless the Commissioner specifically finds that the public may be confused as to its status as a restaurant.

---(k) Any person who holds a valid restaurant license issued by the Commissioner may deny a minor, as defined in § 708 of this title,

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.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 512; 55 Del. Laws, c. 283, § 1; 56 Del. Laws, c. 335, § 3; 57 Del.

Laws, c. 189; 57 Del. Laws, c. 447; 58 Del. Laws, c. 199; 59 Del. Laws, c. 107, § 17A; 59 Del. Laws, c. 590, §§ 2, 4; 60 Del. Laws, c.

466, §§ 3, 9; 64 Del. Laws, c. 434, §§ 1, 2; 67 Del. Laws, c. 109, §§ 8-10; 69 Del. Laws, c. 6, § 2; 71 Del. Laws, c. 42, § 1; 71 Del.

Laws, c. 182, § 1; 71 Del. Laws, c. 210, § 2; 71 Del. Laws, c. 472, § 1; 72 Del. Laws, c. 486, § 9; 73 Del. Laws, c. 244, §§ 2-6; 73 Del.

Laws, c. 393, § 2; 75 Del. Laws, c. 246, § 1; 78 Del. Laws, c. 220, § 2; 79 Del. Laws, c. 308, § 2; 80 Del. Laws, c. 109, § 2; 81 Del.

Laws, c. 69, § 2; 81 Del. Laws, c. 254, § 1; 82 Del. Laws, c. 4, § 2; 82 Del. Laws, c. 99, § 3; 82 Del. Laws, c. 117, § 1; 82 Del. Laws, c.

141, § 1; 82 Del. Laws, c. 247, §§ ? 2, 5; 82 Del. Laws, c. 279, § 1; 83 Del. Laws, c. 9, § 2; 83 Del. Laws, c. 9, § 5; 83 Del. Laws, c. 284,

§ 1; 83 Del. Laws, c. 523, § 1.)

§ 512A Farm wineries.

---(a) Upon proper application and subject to the provisions, restrictions and prohibitions of this title, the Commissioner may grant a license

to any person who is the owner or lessee of a farm winery to manufacture, ferment, blend, age, store and bottle wine, mead, and cider on

the premises designated in the license. For purposes of this title, a “farm winery” is defined as an establishment at which the basic

ingredients, including but not limited to the harvesting of grapes, to make wine are grown and where wine, mead, or cider are fermented or

manufactured. Notwithstanding any provisions of this title to the contrary, a farm winery licensee shall be authorized to sell, deliver and

ship such wine, mead, and cider in barrels, bottles or other closed containers to persons licensed under the provisions of this title to import

wine, mead, and cider; and to sell and ship wine, mead, and cider to persons outside of the State in accordance with this title.

---(b) A farm winery licensee shall also be authorized to store and sell wine, mead, and cider on the premises by the bottle or by the glass

for consumption on or off the premises where sold. A farm winery licensee shall be permitted to purchase and store product from a

Delaware licensed importer or retailer licensed under § 516 of this title, and sell said product to its retail customers for consumption on the

premises where sold so long as the product is manufactured by an entity that holds a Delaware license pursuant to § 512A, § 512B, § 512C

or § 512E of this title or the manufacturer, as determined by the Commissioner, would qualify for a license under said sections if it were

physically located in the State.

---(c) A farm winery licensee shall be exempt from the distance requirements for establishments licensed, or to be licensed, for

consumption off the premises, as contained in § 543(d) of this title, and shall not affect the granting of a license of the same type.

---(d) A farm winery licensee may sell, on the licensed premises, food items, souvenirs, wine-related supplies and educational material as

approved by the Commissioner.

---(e) The Commissioner may grant a tasting license to a farm winery licensee consistent with the provisions of §§ 525 and 554(ff) of this

title.

---(f) All wine, mead, and cider sold by a farm winery licensee shall be in a container which is securely sealed and has attached thereto a

label setting forth such information as required by this title, Commissioner rules and laws of the State.

---(g) A farm winery licensee may not engage in any business or activity in the licensed establishment unless authorized by this title or

approved by the Commissioner.

---(h) A farm winery licensee or a temporary licensee not to exceed 3 years shall be authorized to purchase and receive shipments of

bottled, finished wine, mead, and cider from importers located within the State that are licensed in accordance with this title. Such

purchases and shipments, if in bottled, finished form, must be manufactured specifically for the Delaware farm winery licensee and bear

the private label of the Delaware farm winery licensee on each bottle, and, if being imported from without the State, shall be limited, as

follows:

---(1) During the first year of operation, no more than 10,000 gallons of the combination of wine, mead, and cider;

---(2) During the second year of operation, no more than 7,500 gallons of the combination of wine, mead, and cider;

---(3) During the third year of operation, no more than 5,000 gallons of the combination of wine, mead, and cider; and

---(4) After 3 years of operation, no more than 25% of the total gallons of the combination of wine, mead, and cider manufactured

within the State.

---(5) Notwithstanding the importation limitations for bottled wine established in this paragraph, at such time when there is sufficient

quantity, variety and quality of wine grapes grown in the State, then the Secretary of the Department of Agriculture may mandate that all

licensed Delaware farm wineries must use at least 51% Delaware-grown fruit in their blend inventories. In the case of hardship due to

crop loss, the Secretary of the Department of Agriculture may issue a special permit to import fruit, juice or other raw materials to

Title 4 - Alcoholic Liquors and Marijuana

Page 14

compensate for such crop loss. Until such time as the Secretary of the Department of Agriculture makes such mandate, the licensee or a

temporary licensee not to exceed 3 years shall be authorized to import grapes or grape juice from other locations within or outside of the

State, pursuant to the rules and regulations of the Department of Agriculture, for the purpose of fermentation, blending, bottling and

aging.

---(6) [Repealed.]

---(7) A temporary farm winery license may be issued, for not more than 3 years, allowing the temporary licensee to operate according

to paragraphs (h)(1), (2) and (3) of this section herein if all the licensing requirements have been met except for those required in §

543(j) of this title, which requires government permitting to manufacture or ferment wine, mead and cider at the location. The temporary

licensee shall, however, have obtained all necessary government permitting to operate as a temporary licensee.

---(i) A farm winery licensee shall be authorized to purchase and receive shipments of unfinished wine, mead, and cider in bulk form from

suppliers and importers located within and without the State that are licensed in accordance with this title.

---(j) A farm winery licensee shall be prohibited from owning or operating or being affiliated with any importer or retailer of alcoholic

liquor either within or without this State. Notwithstanding the foregoing, it shall be permissible for a farm winery to apply to the

Commissioner for a license, under § 512(g)(1) of this title, for use of a portion of the farm winery premises as a caterer.

---(k) The Commissioner may promulgate such rules and regulations with respect to the enforcement or furtherance of the objectives and

provisions of this section as the Commissioner may deem necessary, and all such rules and regulations that are not inconsistent with the

provisions of this title shall have the force and effect of law.

---(l) A Delaware winery or farm winery shall be permitted to sell wine, mead, and cider at times permitted pursuant to § 709 of this title.

---(m) A farm winery licensee shall be authorized to export grapes, grape juice or unfinished wine grown in this State in bulk to persons

outside the State for crushing, fermenting, bottling and labeling and shall be authorized to receive the finished product from that person, so

long as no grapes, grape juice or wine, grown or manufactured outside the State, are added to the finished product.

---(n) The provisions of § 506 of this title to the contrary notwithstanding, a farm winery licensee shall be permitted to have an interest in,

be affiliated with, operate, or own another supplier or manufacturer located outside the State and have an interest in a brewery-pub,

microbrewery, and/or craft distillery licensed under this chapter and actually located in this State.

(68 Del. Laws, c. 107, § 1; 70 Del. Laws, c. 353, § 3; 72 Del. Laws, c. 486, § 9; 75 Del. Laws, c. 71, §§ 1, 2; 75 Del. Laws, c. 252, § 1;

77 Del. Laws, c. 61, §§ 1, 2; 79 Del. Laws, c. 157, § 1; 80 Del. Laws, c. 62, § 1; 80 Del. Laws, c. 336, § 1; 80 Del. Laws, c. 382, § 2; 81

Del. Laws, c. 78, § 1; 81 Del. Laws, c. 261, § 1; 83 Del. Laws, c. 284, § 3.)

§ 512B Brewery-pubs.

---(a) Subject to the provisions, restrictions, and prohibitions of this title, the Commissioner may grant a brewery-pub license to each

qualified applicant. No person shall own or operate a brewery-pub unless licensed to do so by the Commissioner. For purposes of this

section, a “brewery-pub” means an establishment in which beer, cider, mead, or fermented beverages are manufactured on the premises of

the licensed establishment, limited to restaurants owned or leased by the brewery-pub applicant.

---(b) The following conditions and restrictions shall apply to the holder of each brewery-pub license:

---(1) It must be situated on the premises of, or be physically a part of, a restaurant.

---(2) It may brew, bottle, and sell beer at no more than 3 licensed establishments, provided that each such licensed establishment

qualifies as a separate brewery-pub under this section.

---(3) It shall brew no more than 4,000 barrels of beer in any calendar year.

---(4) It may sell beer manufactured on licensed premises in labeled barrels, bottles, or other closed containers to wholesalers licensed

under this title for delivery by them to persons inside or outside this State.

---(5) It may sell at the licensed premises beer manufactured on the licensed premises at retail for consumption off the premises.

---(6) It may sell at the licensed premises beer manufactured on the licensed premises for on-premises consumption.

---(7) It is prohibited from owning, operating, or being affiliated with any importer of alcoholic liquor, either in or without this State.

---(8) The provisions of § 506 of this title to the contrary notwithstanding, it may have an interest in, be affiliated with, operate, or own

another supplier or manufacturer located outside the State and have an interest in 1 or more farm winery, microbrewery, or craft

distillery licensed under this chapter and physically located in this State, if the total domestic sales of beer of all affiliated suppliers or

manufacturers does not exceed 6 million barrels in a calendar year.

---(c) It is unlawful for a person to operate a brewery-pub if any of the following apply:

---(1) The restaurant portion of the licensed establishment fails to offer complete meals for consideration to patrons or fails to operate as

a bona fide restaurant as defined by Commissioner rules or this title.

---(2) The license is denied, cancelled, suspended, or revoked for any of the grounds contained in § 543 or § 561 of this title.

---(3) The business is transferred to a different location.

---(d) This section does not prohibit the granting of a restaurant license to sell alcoholic liquors, for on-premises consumption, under § 512

of this title.

---(e) The Commissioner may make and publish such rules and regulations with respect to the assessment and payment of the tax on beer,

as contained in § 581 of this title, as it deems proper, and all such rules and regulations that are not inconsistent with this title shall have the

force and effect of law.

Title 4 - Alcoholic Liquors and Marijuana

Page 15

---(f) Notwithstanding any other provision of this title to the contrary, the holder of a brewery-pub license may also make, bottle, and sell

an alcoholic liquor that is fermented or distilled on the premises, subject to all of the following conditions and restrictions:

---(1) All of the conditions and restrictions relating to beer under subsection (b) of this section.

---(2) Alcoholic liquor that is fermented or distilled on the premises shall be taxed under § 581 of this title.

---(g) The provisions of § 546 of this title to the contrary notwithstanding, the sale for off-premises consumption at up to a combined total

of 3 licensees licensed under this section or 2 licensees licensed under this section and a microbrewery licensed under § 512C of this title

all owned or controlled by the same person is permitted.

---(h) Notwithstanding any provision of this title to the contrary, a brewery-pub located within the premises of a public golf course, as

defined in “club” under § 101 of this title, may apply to the Commissioner for authorization to sell alcoholic beverages at retail to members

of the public for consumption on the public golf course, if the public golf course owns, is owned by, or is under common ownership with

an entity that holds a membership or ownership interest in the licensed brewery-pub.

(68 Del. Laws, c. 205, § 1; 70 Del. Laws, c. 469, §§ 1, 2; 71 Del. Laws, c. 83, § 1; 72 Del. Laws, c. 486, § 9; 73 Del. Laws, c. 225, § 1;

77 Del. Laws, c. 432, §§ 4, 5; 79 Del. Laws, c. 157, § 1; 82 Del. Laws, c. 22, § 1; 82 Del. Laws, c. 141, § 2; 83 Del. Laws, c. 36, § 2; 83

Del. Laws, c. 283, § 4; 84 Del. Laws, c. 316, § 1.)

§ 512C Microbreweries; license; alternating premises.

---(a) Upon proper application and subject to the applicable provisions, restrictions, and prohibitions under this title, the Commissioner

may grant a license to any of the following:

---(1) A person who is the owner or lessee of a microbrewery to manufacture and sell beer, fermented beverages, mead, and cider.

---(2) A person who owns a tenant microbrewery under subsection (i) of this section.

---(b) For purposes of this section:

---(1) “Alternating premises” means the portion of a microbrewery’s premises that is used at different times by 2 or more

microbreweries to manufacture beer, fermented beverages, mead, or cider.

---(2) “Host microbrewery” means the microbrewery that owns the brewing equipment in an alternating premises.

---(3) “Microbrewery” means a single establishment in which beer, fermented beverages, mead, or cider is manufactured and which is

operated by the licensee under this section.

---(4) “Tenant microbrewery” means the microbrewery that does not own, but uses, the brewing equipment in an alternating premises.

---(c) Notwithstanding any provision of this title to the contrary, a microbrewery license allows the licensee to do all of the following:

---(1) To manufacture and sell on the licensed premises beer, fermented beverages, mead, or cider or a combination thereof, but the

licensee may not manufacture or sell more than the maximum amount permitted by federal regulations to qualify for a “reduced rate of

tax for certain brewers” under 27 C.F.R., Part 25, § 25.152(a)(2).

---(2) To manufacture on the licensed premises beer, fermented beverages, mead, or cider for persons, other than the licensee, licensed

under this title or for persons outside this State.

---(3) To sell beer, fermented beverages, mead, and cider manufactured on the licensed premises in labeled barrels, bottles, or other

closed containers to importers licensed under this title for delivery by them to persons inside or outside the State.

---(4) To sell at the licensed premises beer, fermented beverages, mead, and cider manufactured on the licensed premises for

consumption on or off the licensed premises. The amount of beer, fermented beverages, mead, and cider sold for off-premises

consumption is limited to a maximum of 5 cases per day to each retail customer.

---(5) To purchase and store product from a Delaware licensed importer or retailer licensed under § 516 of this title, and sell the product

to its retail customers for consumption on the premises where sold so long as the product is manufactured by an entity that holds a

Delaware license under § 512A, § 512B, § 512C, or § 512E of this title or the manufacturer, as determined by the Commissioner, would

qualify for a license under 1 or more of these sections if the manufacturer were physically located in the State.

---(6) The provisions of § 506 of this title to the contrary notwithstanding, to be permitted to have an interest in, be affiliated with,

operate, or own another supplier or manufacturer located outside the State and have an interest in a farm winery, brewery-pub, or craft

distillery licensed under this chapter and actually located in this State, provided that the total domestic sales of beer of all affiliated

suppliers or manufacturers does not exceed 6 million barrels in a calendar year.

---(d) It is unlawful for a person to operate a microbrewery if any of the following apply:

---(1) The license is denied, canceled, suspended, or revoked for any of the grounds under § 543 or § 561 of this title.

---(2) The establishment is moved to a location other than the licensed premises.

---(3) The licensee owns, operates, or is affiliated with any importer of alcoholic liquor either in or without this State.

---(e) A microbrewery licensee is exempt from the distance requirements for establishments licensed or to be licensed under § 543(d) of

this title, and such requirements may not affect the granting of a microbrewery license.

---(f) All beer, fermented beverages, mead, and cider sold by a microbrewery licensee for off-premise consumption must be in containers

that are securely sealed and have an attached label setting forth the information required under this title, Commissioner rules, and laws of

the State.

---(g) Any microbrewery or brewery licensed by the Commissioner to manufacture beer, fermented beverages, mead, or cider in this State

may provide samples of the beer, fermented beverages, mead, or cider manufactured at the licensed premises in a manner approved by the

Title 4 - Alcoholic Liquors and Marijuana

Page 16

Commissioner.

---(h) Notwithstanding § 546 of this title, a microbrewery may sell a product that the microbrewery manufactures for off-premises

consumption at a licensee licensed under this section and at up to 2 brewery-pubs licensed under § 512B of this title that are all owned or

controlled by the same person.

---(i) (1) The requirements to grant a license to a tenant microbrewery must include all of the following:

---a. An agreement with a host microbrewery that allows the tenant microbrewery to use the host microbrewery’s brewing equipment

for specified periods of time to manufacture beer, fermented beverages, mead, or cider. The compensation to the host microbrewery

under an agreement may not be based upon the profit of the tenant microbrewery and is subject to the approval of the Commissioner.

---b. The host microbrewery and the tenant microbrewery must have the approval of the Federal Trade and Tax Bureau (“TTB”), or

its successor, to operate as an alternating premises.

---c. The tenant microbrewery must retain title to all of the tenant microbrewery’s raw materials, except for water.

---d. The tenant microbrewery must act as the brewer of the beer, fermented beverages, mead, or cider.

---e. Upon completion of the manufacturing process, the tenant microbrewery shall remove all product from the alternating premises

and transport the product to a location approved by the Commissioner for the tenant microbrewery to store and sell for on or off

premises consumption. A tenant microbrewery may satisfy the requirement under this paragraph (i)(1)e. by leasing space from the

host microbrewery but the tenant microbrewery may only store the tenant microbrewery’s brands in the leased space.

---(2) The Commissioner may suspend or revoke the license of the tenant microbrewery upon the termination of the agreement between

the host microbrewery and the tenant microbrewery.

---(3) The Commissioner may suspend all licenses at the alternating premises if the TTB suspends the approval of the host or tenant

microbrewery, The Commissioner must provide reasons for and conditions of a suspension under this paragraph (i)(3).

(69 Del. Laws, c. 361, § 1; 71 Del. Laws, c. 211, §§ 1-3; 72 Del. Laws, c. 486, § 9; 76 Del. Laws, c. 32, §§ 1-5; 77 Del. Laws, c. 432, §§

1-3; 79 Del. Laws, c. 157, § 1; 81 Del. Laws, c. 261, § 1; 82 Del. Laws, c. 22, § 1; 82 Del. Laws, c. 141, § 3; 83 Del. Laws, c. 36, § 3; 83

Del. Laws, c. 168, § 1; 83 Del. Laws, c. 283, § 5.)

§ 512D Wine auctions.

---(a) Subject to the provisions, restrictions and prohibitions of this title, the Commissioner may grant a wine auction license to each

qualified applicant therefor. No person shall operate a wine auction unless licensed to do so by the Commissioner. For purposes of this

section, a “wine auction” shall mean a person, partnership or corporation that sells rare or fine wines on consignment from the owners of

said wines at public auction to those persons who are of legal age to purchase such items. A nonprofit organization may apply for a “wine

auction-gathering license” for a specific date upon application to the Commissioner as a fund raiser for their organization.

---(b) Said “wine auction” license holder must have an office situated within the State, however said auctions may take place at any

location within the State subject to the rules and regulations of the Commissioner which shall have the force of law. A nonprofit

organization does not need to maintain an office within the State.

---(c) No more than 12 auctions may be conducted within a calendar year.

---(d) The wine auction license holder shall have the responsibility for collecting and remitting the applicable excise taxes and gross receipt

taxes due for all products auctioned. Provided further, that any products purchased at auction shall not be stocked as inventory or made

available for further retail sale in any facility or store licensed under this title.

(71 Del. Laws, c. 383, § 1; 72 Del. Laws, c. 486, § 9.)

§ 512E Craft distillery.

---(a) Upon proper application and subject to the applicable provisions, restrictions and prohibitions of this title, the Commissioner may

grant a license to any person who is the owner or lessee of a craft distillery to manufacture and sell spirits.

---(b) For purposes of this section, “craft distillery” shall mean a single establishment in which spirits are manufactured and which is

operated by the licensee in accordance with this section.

---(c) Notwithstanding any provision of this title to the contrary, a craft distillery license shall allow the licensee:

---(1) To manufacture on the licensed premises and sell not more than 750,000 proof gallons of distilled spirits in any calendar year;

---(2) To manufacture spirits, on the licensed premises, for persons other than the licensee who are licensed under this title or for persons

outside this State;

---(3) To sell, deliver and ship such spirits in labeled barrels, bottles or other closed containers to persons licensed under the provisions

of this title to import spirits; and to sell and ship spirits to persons outside of the State in accordance with this title;

---(4) To store and sell spirits on the premises by the bottle or by the glass for consumption on or off the premises where sold; and to

purchase alcoholic beverages from licensed Delaware importers or retailers to add to product manufactured by the craft distillery to sell

to patrons for on premises consumption only. The amount of spirits sold for off-premises consumption shall be limited to a maximum of

1 case (i.e., not more than 12-750 ml bottles) per day to each retail customer for consumption off the premises;

---(5) To purchase and store product from a Delaware licensed importer or retailer licensed under § 516 of this title, and sell said product

to its retail customers for consumption on the premises where sold so long as the product is manufactured by an entity that holds a

Delaware license pursuant to § 512A, § 512B, § 512C or § 512E of this title or the manufacturer, as determined by the Commissioner,

would qualify for a license under said sections if it were physically located in the State; and

Title 4 - Alcoholic Liquors and Marijuana

Page 17

---(6) To sell, on the licensed premises, food items, souvenirs, spirit-related supplies and educational material as approved by the

Commissioner.

---(d) It shall be unlawful for a person to operate a craft distillery if:

---(1) The license is denied, canceled, suspended or revoked for any of the grounds contained in § 543 or § 561 of this title;

---(2) The establishment is moved to a location other than the licensed premises; or

---(3) It is owned, operated or affiliated with any importer of alcoholic liquor, either in or without this State; except that the holder of a

craft distillery license may have an interest in, be affiliated with, operate, or own in common ownership a microbrewery, farm winery,

and/or brewery-pub licensed under this chapter and actually located within this State.

---(e) A craft distillery licensee shall be exempt from the distance requirements for establishments licensed or to be licensed as contained in

§ 543(d) of this title, and such requirements shall not affect the granting of a craft distillery license.

---(f) All spirits sold by a craft distillery licensee for off-premise consumption shall be in containers which are securely sealed and have

attached thereto a label setting forth such information as required by this title, Commissioner rules and laws of the State.

---(g) Any craft distillery licensed by the Commissioner to manufacture spirits in this State may provide tastings of the spirits at said

premises pursuant to a spirits tasting license granted by the Commissioner pursuant to § 525 of this title.

---(h) The provisions of § 546 of this title to the contrary notwithstanding, the sale for off-premises consumption at up to a combined total

of 3 licenses licensed under this section, § 512A, § 512B, or § 512C of this title all owned or controlled by the same person shall be

permitted.

---(i) A craft distillery licensee shall be authorized to purchase and receive shipments of unfinished neutral grain spirit in bulk form from

suppliers and importers located within and without the State that are licensed in accordance with this title.

---(j) A craft distillery licensee shall be authorized to export unfinished spirit manufactured in this State in bulk to persons within or outside

the State for blending, aging, finishing, bottling or labeling and shall be authorized to receive the finished product from that person.

---(k) A craft distillery shall be exempt from the prohibition of sales on Sundays as proscribed in § 709 of this title, but any sales on

Sundays shall be limited to the hours during which the holders of licenses for the sale of spirits in a store may sell on Sundays pursuant to §

709 of this title. A craft distillery shall remain closed on Thanksgiving, Christmas and Easter.

---(l) The Commissioner may promulgate such rules and regulations with respect to the enforcement or furtherance of the objectives and

provisions of this section as the Commissioner may deem necessary, and all such rules and regulations that are not inconsistent with the

provisions of this title shall have the force and effect of law.

---(m) The provisions of § 506 of this title to the contrary notwithstanding, the holder of a craft distillery license shall be permitted to have

an interest in, be affiliated with, or own another supplier or manufacturer, whether located inside or outside the State, provided that the total

domestic sales of all affiliated suppliers or manufacturers shall not exceed 750,000 proof gallons in any calendar year.

(78 Del. Laws, c. 251, § 1; 79 Del. Laws, c. 157, § 1; 80 Del. Laws, c. 62, § 1; 80 Del. Laws, c. 73, § 1; 80 Del. Laws, c. 251, § 1; 80

Del. Laws, c. 382, § 3; 81 Del. Laws, c. 261, § 1.)

§ 512F Temporary large events.

---Any person licensed under § 512 of this title hosting a temporary large event may share the profits from the event, including the profits

from alcohol sales, with the temporary large event promoter, and such sharing of profits shall not be in violation of this title, including §

561 of this title or any regulations promulgated by the Commissioner, provided that:

---(1) The licensee shall be responsible for the purchase and resale or dispensing of all alcohol at the temporary large event as provided

in and in compliance with this title and may not allow the temporary large event promoter to participate in such purchasing, reselling or

dispensing; and

---(2) The temporary large event promoter shall, prior to the temporary large event, obtain a temporary large event license from the

Commissioner. Application for a temporary large event license shall be on a form prescribed by the Commissioner, made under oath or

affirmation and signed before 2 witnesses, containing a statement to the effect that the temporary large event promoter:

---a. Will comply with this title and the regulations promulgated hereunder;

---b. Agrees to submit to the jurisdiction of the Commissioner and the courts of the State;

---c. Is not a manufacturer, supplier or importer;

---d. Has not been convicted of violating the liquor laws of this State or been convicted and imprisoned for a crime; and

---e. Such other matters as the Commissioner may prescribe by rule or regulation.

---The Commissioner may promulgate such rules and regulations with respect to the enforcement or furtherance of the objectives and

provisions of this section as it may deem necessary, and all such rules and regulations that are not inconsistent with the provisions of this

title shall have the force and effect of law.

(79 Del. Laws, c. 6, § 2.)

§ 512G Shipment of alcoholic beverages between commonly-owned entities.

---(a) Any entity licensed in this State pursuant to § 512A, § 512B, § 512C or § 512E of this title, or any out-of-state supplier licensed

pursuant to § 501 of this title who, as determined by the Commissioner, would meet the requirements of § 512A, § 512B, § 512C or § 512E

of this title if it were located in this State, is permitted to sell or ship alcoholic beverages they manufacture to an entity licensed in this State

pursuant to § 512A, § 512B, § 512C or § 512E of this title subject to all of the following conditions:

Title 4 - Alcoholic Liquors and Marijuana

Page 18

---(1) The shipping and receiving licensees must be under common ownership and control, the licensees’ domestic sales of beer must be

less than 6 million barrels in a calendar year, and must both apply for and receive a permit pursuant to this section.

---(2) A licensee must apply for a permit with the Commissioner setting forth the nature of its license, naming the licensees or out-of-

state suppliers that it desires to ship to directly or receive alcoholic beverages from directly, and such other information as the

Commissioner may require.

---(3) The Commissioner shall determine if a licensee meets the requirements of § 512A, § 512B, § 512C or § 512E of this title and is

otherwise qualified for a permit pursuant to this section.

---(4) If the Commissioner determines the licensee is eligible, the Commissioner shall issue a permit to the licensee.

---(5) A permit holder under this section shall be permitted to sell product properly received under the terms of its permit as though it

were manufactured at its premises, in accordance with the terms and conditions of its license, so long as it is permitted to manufacture

that type of alcohol.

---(6) If a licensee’s total domestic sales of beer for all affiliated suppliers or manufacturers is between 2 million and 6 million barrels of

beer in a calendar year, transfers authorized by this section from licensees pursuant to § 501 and § 512C of this title to commonly owned

licensees pursuant to § 512B of this title for the purpose of sales to consumers for consumption on the brewery-pub premises may be

made only if the brands transferred for on-premise consumption are produced under the same trade name approved by the Commissioner

for the licensee pursuant to § 512B of this title. Licensees pursuant to § 512B of this title may sell product to consumers produced by

affiliated licensees under different trade names for consumption on the brewery premises if such product is purchased from a licensee

pursuant to § 522 of this title.

---(7) For purposes of this section, “trade name” means a trade name approved by the Commissioner that is consistent with the definition

in § 3302 of Title 6 or a successor statute.

---(b) As used in this section, “common ownership and control” means that the shipping and receiving licensees applying for a permit

under this section manufacture and sell the same brands of alcoholic liquor that each such licensee desires to ship to directly or receive

from directly the other, share at least a majority of the same directors, officers, members, or other fiduciaries, and are owned 51 percent or

more by 1 person. It shall be permitted for the interest of 51 percent or more in the shipping licensee and the interest of 51 percent or more

in the receiving licensee to be held by more than 1 person, but only if 1 of the following is satisfied:

---(1) One person is an individual and the other person(s) is 1 or more trusts, the beneficiaries of which include such individual, such

individual’s spouse, or such individual’s lineal descendants; or

---(2) Each person is 1 or more trusts established by the same settlor for the benefit of the settlor, the settlor’s spouse, or the settlor’s

lineal descendants, and are managed by the same fiduciaries; or

---(3) Such interests are held by the same individuals.

---(c) For the purposes of this section, “person” shall be defined as set forth in § 1-201(b)(27) of Title 6.

(81 Del. Laws, c. 276, § 1; 82 Del. Laws, c. 22, § 1; 82 Del. Laws, c. 141, § 4.)

§ 513 Sale of beer and wine for consumption on premises of tavern.

---(a) Any person in charge of a tavern may apply to the Commissioner for a license to purchase from an importer and to receive, keep, and

sell beer and wine, if such beverages are consumed on the premises where sold.

---(b), (c) [Repealed.]

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 513; 54 Del. Laws, c. 377, § 1; 67 Del. Laws, c. 109, § 11; 69 Del.

Laws, c. 6, § 3; 72 Del. Laws, c. 486, § 9; 73 Del. Laws, c. 244, §§ 7, 8; 82 Del. Laws, c. 4, § 3; 83 Del. Laws, c. 207, § 2.)

§ 514 Gathering licenses; consumption on premises.

---(a) If alcoholic liquors are to be sold during a gathering of persons, the manager or person in charge of such gathering, or the owner,

tenant or person in charge of the premises in which the gathering is being held, must obtain 1 of the types of gathering licenses provided for

in this section. Either of said licenses shall permit consumption of alcohol on the premises where sold and shall permit sale of alcohol for

consumption off the premises where sold by way of a raffle or auction, live or silent, so long as the amount of alcohol sold for consumption

off of the premises where sold does not exceed 10 gallons (or 38 liters) in a single day.

---(b) There shall be 2 types of gathering licenses which may be granted hereunder:

---(1) Gathering License — Group. — The manager or person in charge of a gathering of persons at which alcoholic liquors are to be

sold shall apply for a group type gathering license, which license, if granted, shall be valid only for the time, and at the location,

specified in the application therefor. A group gathering license shall not be required if the said gathering is being held on premises

which are validly licensed under a biennial premises gathering license issued pursuant to paragraph (2) of this subsection.

---(2) Gathering License — Biennial Premises. — The owner, tenant or person in charge of the premises, other than a residence, on

which gatherings of persons are held, may apply for a biennial premises type gathering license, which license shall be valid for the entire

2 years for gatherings of persons at the location specified in the application therefor.

---(c) A holder of a gathering license may purchase alcoholic liquors for sale at a gathering of persons from either retailers or importers and

such retailers and importers shall be permitted to make deliveries to persons holding gathering licenses. A holder of a gathering license

granted pursuant to this section shall be exempt from paying the application process fee as provided in subsection (x) of § 554 of this title.

---(d) For purposes of this section only, the price paid for alcoholic liquors to be sold at a gathering of persons licensed under this section

Title 4 - Alcoholic Liquors and Marijuana

Page 19

shall be a price agreed upon between the said licensee and the retailer or importer from whom said alcoholic liquors are purchased. It is

permissible for a retailer or importer to donate some or all of the liquor to the gathering licensee so long as a license has been granted for

the gathering by the Commissioner prior to the donation.

---(e) Any person holding a biennial premises gathering license granted hereunder must report each gathering of persons to be held in its

facilities to the Commissioner, which report may be made in person, in writing, or by telephone and the report must be received by the

Commissioner not later than 12:00 noon of the day on which the gathering is to be held, unless it is to be held on a day on which the

Commissioner shall be closed, in which case it must be so reported on the last day on which the Commissioner is open immediately

preceding such a gathering.

---(f) Any person holding a gathering license of either type granted hereunder who has purchased alcoholic liquors for sale at a gathering of

persons may return any unopened bottles so purchased to the licensee from whom they were purchased and shall receive therefor the

amount paid for each said bottle, so long as such return is made within 30 days of the date of the gathering for which they were purchased.

A biennial premises type gathering licensee shall not be required to return bottles it has purchased for sale during such gathering, but may

store them in a suitable storage facility for sale at a future gathering of persons to be held within its facilities.

---(g) All holders of gathering licenses hereunder shall be subject to the restrictions on the hours of sale of alcoholic liquors set forth in §

709(c) of this title and to the prohibitions of sales to minors set forth in § 708 of this title.

---(h) It shall not be necessary to obtain a license to dispense alcoholic liquors at a gathering of persons if no alcoholic liquors are to be sold

at that gathering of persons. Importers may sell and deliver beer directly to persons for dispensing at a gathering of persons and not for

resale.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 514; 59 Del. Laws, c. 107, § 18; 59 Del. Laws, c. 128, §§ 2-4; 67 Del.

Laws, c. 273, § 24; 72 Del. Laws, c. 486, § 9; 78 Del. Laws, c. 64, §§ 1, 2.)

§ 515 Sale to members of club and multiple activity club.

---(a) A club or multiple activity club may apply to the Commissioner for a license to purchase spirits, wine, or beer and to sell the spirits,

wine, or beer to a member of the club.

---(b) (1) A bottle club is not a club.

---(2) [Repealed.]

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 515; 56 Del. Laws, c. 335, § 4; 59 Del. Laws, c. 107, §§ 19, 20; 63 Del.

Laws, c. 232, § 1; 67 Del. Laws, c. 109, § 12; 67 Del. Laws, c. 122, § 1; 72 Del. Laws, c. 486, § 9; 81 Del. Laws, c. 69, § 1; 83 Del.

Laws, c. 152, § 2.)

§ 515A Licenses for bottle clubs.

---(a) Except as provided in this section, it is unlawful to operate a bottle club for profit or pecuniary gain.

---(b) The Commissioner may, upon application, grant a license to the owner, lessor, or person in charge of the premises to operate a bottle

club in accordance with this chapter.

---(c) The Commissioner may only grant a bottle club license to the following:

---(1) A person doing business in an establishment meeting the standards of a restaurant. The license permits the establishment to

operate as a bottle club on every day of the week and on holidays, except between the hours of 2:00 a.m. and 9:00 a.m. during which

time alcoholic liquors may not be consumed on the premises of the establishment.

---(2) A person renting premises to customers for holding weddings or other social gatherings where there is adequate food, as

determined by the Commissioner, provided by the customer or a caterer. The license permits the establishment to operate as a bottle club

on every day of the week and on holidays, except between the hours of 2:00 a.m. and 9:00 a.m. during which time alcoholic liquors may

not be consumed on the premises of the establishment. If a bottle club licensed under this paragraph (c)(2) has a function that utilizes an

off-site caterer, all alcohol must be provided by the off-site caterer.

(63 Del. Laws, c. 232, § 2; 67 Del. Laws, c. 122, § 2; 72 Del. Laws, c. 486, § 9; 83 Del. Laws, c. 152, § 3.)

§ 516 Consumption off premises of hotel, restaurant, club, store or taproom.

---(a) (1) Any person in charge of a hotel, restaurant, club or store (other than a grocery, delicatessen or cigar store), whether owner, lessee

or manager, and recognized as such by the Commissioner, may apply to the Commissioner for a license to purchase from an importer and

to keep and sell and deliver on the premises only spirits, wine or beer by the bottle, half bottle, keg, half keg, quarter keg, or sixtel, but not

for consumption on the premises where sold, or in any dependency thereof. All vessels so sold shall be delivered to the purchaser and shall

be removed from the premises where sold with the seals of such vessels unbroken, with the exception of those licenses that are approved by

the Commissioner for a growler filler permit which allows a licensee to purchase beer by the keg or partial keg and fill containers at time of

purchase which will then be capped to leave the licensed premises for consumption off of the premises. For purposes of issuing a new

license under this section, all establishments licensed for the sale of alcoholic liquors, but not for consumption on the premises where sold,

shall be considered as being of the same type; provided, however, this shall not apply to the transfer of ownership or the renewal of an

existing license.

---(2) Any person in charge of a store (other than a grocery, delicatessen or cigar store), whether owner, lessee, or manager, and

recognized as such by the Commissioner with a valid license for consumption off premises issued pursuant to this section may sell

Title 4 - Alcoholic Liquors and Marijuana

Page 20

spirits, wine or beer pursuant to paragraph (a)(1) of this section for curbside service. Any entity with a valid off premise license pursuant

to §§ 512A through 512E of this title may sell alcoholic liquor pursuant to its license for curbside service. All sales for curbside service

must do all of the following:

---a. Comply with Chapter 7 of this title including § 706 of this title, which prohibits sales to intoxicated individuals, and § 708 of this

title, which prohibits sales to individuals who have not reached the age of 21 years.

---b. Be completed and delivered by a person certified as a responsible alcoholic beverage server pursuant to § 1205 of this title.

---(b) Notwithstanding the provisions of subsection (a) of this section, any person, firm or corporation duly licensed by the government of

the United States as a ships chandler, may apply to the Commissioner for a license to purchase and to keep, sell and deliver off the

premises, spirits, wine or beer. The Commissioner may issue said license if it is satisfied that: (1) The applicant is a ships chandler

operating a customs bonded warehouse under a license issued by the United States government, and (2) sales by ships chandler are limited

to vessels of the United States or of a foreign country engaged in foreign trade pursuant to § 1309 of Title 19 of the United States Code.

---(c) No person in charge of a taproom, whether as owner, lessee, manager or otherwise, may apply for a license to sell alcoholic liquors

for consumption off the premises where sold, and the Commissioner shall not issue such a license for use in a taproom. Provided, however,

that any person issued a license which authorizes the person to sell alcoholic liquors in a taproom for consumption off the premises prior to

July 6, 1983, shall be permitted to retain said license, unless revoked by the Commissioner pursuant to this title; and provided further, that

any person issued a license which authorizes the person to sell alcoholic liquors in a taproom for consumption off the premises prior to July

6, 1983, shall be permitted to transfer said license with the approval of the Commissioner as provided in § 571 of this title.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146(6); 42 Del. Laws, c. 186; 42 Del. Laws, c. 191, § 2; 44 Del. Laws, c. 203, § 2; 47 Del.

Laws, c. 337, § 1; 4 Del. C. 1953, § 516; 55 Del. Laws, c. 82, § 1; 56 Del. Laws, c. 311, § 4; 62 Del. Laws, c. 69, § 1; 64 Del. Laws, c.

104, § 1; 67 Del. Laws, c. 109, § 13; 72 Del. Laws, c. 486, § 9; 79 Del. Laws, c. 23, § 1; 82 Del. Laws, c. 99, § 4; 83 Del. Laws, c. 275, §

1; 84 Del. Laws, c. 42, § 42.)

§ 517 Pharmacists.

---Any person, whether as owner, lessee or manager, who conducts a pharmacy which is recognized as such by the Commissioner, and in

which pharmacy there is in constant attendance a pharmacist, may purchase alcoholic liquors and may keep and sell the same on the

prescription of any physician, and otherwise supply or sell alcoholic liquors for medicinal purposes as provided in § 518 of this title

without a permit or license from the Commissioner.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 517; 59 Del. Laws, c. 107, § 21; 72 Del. Laws, c. 486, § 9.)

§ 518 Physicians, dentists, veterinarians and medical institutions.

---(a) A physician or dentist may purchase alcoholic liquors for professional purposes without a permit or license. A physician may

administer alcoholic beverages to a bona fide patient in cases of actual need when in the judgment of the physician the use of alcoholic

beverages is necessary.

---(b) A veterinarian may purchase alcoholic liquors for professional purposes without a permit or license. A veterinarian may, in the

course of the veterinarian’s practice, administer or cause to be administered alcoholic beverages to any animal under treatment.

---(c) A person in charge of an institution regularly conducted as a hospital or sanitarium for the care of persons in ill health, or as a home

devoted exclusively to the care of aged people, may purchase alcoholic beverages for professional purposes without the requirement of a

permit or license. Such person may, after obtaining proper permission, administer alcoholic beverages to any bona fide patient of a medical

institution who is in need of the same, either by way of external application or otherwise for emergency medical purposes.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 518; 59 Del. Laws, c. 107, § 22; 84 Del. Laws, c. 42, § 43.)

§ 519 Hospital; retention and use.

---Any person in charge of a hospital recognized by the Commissioner as such may purchase alcoholic liquors, and may keep and

administer alcoholic liquors for purposes of compounding medicines or to use alcohol for purposes of sterilization without a permit or

license.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 519; 59 Del. Laws, c. 107, § 23; 72 Del. Laws, c. 486, § 9.)

§ 520 Clergymen; wine for sacramental purposes.

---Any minister, priest, rabbi or clergyman of any established or recognized church or religious sect may purchase wine for sacramental

purposes, and may keep and use wine for sacramental purposes, without a permit or license.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 520; 59 Del. Laws, c. 107, § 24.)

§ 521 Temporary license to sell by the glass.

---A temporary license to sell alcoholic liquor of 1 or more varieties, by the glass only, and for a period of not more than 3 months, may be

granted by the Commissioner to any person to whom a biennial license may be issued under this chapter, but such temporary license shall

not be renewed more than once during the same 12 months’ period.

(38 Del. Laws, c. 18, § 25; Code 1935, § 6154; 4 Del. C. 1953, § 521; 67 Del. Laws, c. 273, § 25; 72 Del. Laws, c. 486, § 9.)

§ 522 Application for license to purchase for resale.

---(a) Any person proposing to purchase alcoholic liquor for resale shall make application to the Commissioner for license.

Title 4 - Alcoholic Liquors and Marijuana

Page 21

---(b) Any individual 21 years of age or older may apply for a license permitting the purchase of alcoholic liquors for resale. Any

partnership may apply for a license permitting the purchase of alcoholic liquors for resale if such application is approved by a majority of

the partners and each of the partners is 21 years of age or older. A corporation may apply for a license permitting the purchase of alcoholic

liquors for resale if all the officers and directors of the corporation making the application are 21 years of age or older, and no stockholder

under the age of 21 years owns or controls, either directly or through a custodian, more than 25% of the outstanding shares of stock of the

applicant corporation, with the further provision that no group of such minor stockholders and/or custodians may own or control in the

aggregate, more than 45% of the stock of the applicant corporation.

---(c) The application shall be made on a blank form furnished by the Commissioner and shall be signed by the applicant before two

witnesses. The application shall give the name, age, occupation and residence of the applicant and the kind of license requested.

---(d) The application furnished by the Commissioner shall contain a statement to the effect that the applicant will comply with this title

and the rules of the Delaware Alcoholic Beverage Control Commissioner.

---(e) The Commissioner shall require that the statement of the applicant and of the witnesses be made under oath or affirmation.

(38 Del. Laws, c. 18, § 18; Code 1935, § 6147; 4 Del. C. 1953, § 522; 57 Del. Laws, c. 418, §§ 1, 2; 59 Del. Laws, c. 107, §§ 26-28; 60

Del. Laws, c. 242, § 1; 67 Del. Laws, c. 109, § 14; 71 Del. Laws, c. 383, § 2; 72 Del. Laws, c. 486, § 9; 84 Del. Laws, c. 42, § 44.)

§ 523 Application by partnership or corporation; liability for fines or costs.

---If a license to purchase for resale is to be used on behalf of a partnership or corporation, the application therefor shall be accompanied by

a declaration to that effect signed by an authorized member of such partnership or an authorized officer of such corporation. In such case

the partnership or corporation, or the directors and officers thereof shall be liable jointly and severally for any fine and costs to which the

holder of the license is liable.

(38 Del. Laws, c. 18, § 18; Code 1935, § 6147; 4 Del. C. 1953, § 523.)

§ 524 Notice of application.

---(a) An application for a new license to purchase for resale, for transfer of an existing license, or for a substantive change to a license or

licensed premise shall be filed with the Commissioner’s office.

---(b) Upon filing of an application for a new license to purchase for resale or for a substantive change to a license or licensed premise the

applicant shall cause notice to be advertised in at least 2 different newspapers circulated in the community in which the applicant will

operate if the application is approved for 3 issues. One of the newspapers must be a “local newspaper,” as determined by the Commissioner

either through rules or on a case by case basis. If the newspaper is a daily newspaper, the first publication shall be made within 3 days of

the filing of the application and the third publishing shall occur within 10 days of filing the application. If the newspaper is a weekly

publication, the first publication shall be made within 8 days of filing the application and the third publishing shall occur within 22 days of

filing the application.

---(c) Within 3 days of filing of an application for a new license to purchase for resale or for a substantive change to a license or licensed

premise a notice shall be mailed by certified mail or first class mail as evidenced by a certificate of mailing postage-pre-paid to the

following entities, individuals or groups of individuals:

---(1) Except as provided in paragraph (c)(2) of this section, all property owners within 200 feet from any point on the property

boundary line of the premises to which the license is to apply;

---(2) All property owners within 1,000 feet from any point on the property boundary line of the premises to which the license is to

apply if the premises is located within

/4 of a mile of a riverfront, beachfront or other open water, or if the applicant intends to include

space for outside dining, outside entertainment or the outside service or consumption of alcoholic beverages;

---(3) The governing body of any incorporated areas within 1 mile from any point on the property boundary line of the premises to

which the license is to apply.

---(d) The notices referred to in subsections (b) and (c) of this section shall provide such information as determined by the Commissioner

either through duly adopted rules or on a case by case basis. The following notice will, in addition to the aforesaid Commissioner approved

notice, satisfy this notice provision:

---“[Name of applicant] has on [Date of application] applied with the Alcoholic Beverage Control (“Commissioner”) for [Nature of

application] for a premises located at [Location of the premises, including street and city]. Persons who are against this application

should provide written notice of their objections to the Commissioner. For the Commissioner to be required to hold a hearing to consider

additional input from persons against the application, the Commissioner must receive one or more documents containing a total of at

least 10 signatures of residents or property owners located within 1 mile of the premises or in any incorporated areas located within 1

mile of the premises. The protest(s) must be filed with the Alcoholic Beverage Control Commissioner at the 3rd Floor, Carvel State

Office Building, 820 North French Street, Wilmington, DE 19801. The protest(s) must be received by the Commissioner’s office on or

before [state a date at least 30 days after the application is filed]. Failure to file such a protest may result in the Commissioner

considering the application without further notice, input or hearing. If you have questions regarding this matter please contact the

Commissioner’s Office.”

---(e) The term “substantive change” referenced in this section shall mean any of the following:

---(1) Any permanent change that will increase the square footage of the licensed premises;

---(2) Any temporary change that will last longer than 60 days and result in an increase of the square footage of the licensed premises;

Title 4 - Alcoholic Liquors and Marijuana

Page 22

---(3) Any change that would require a variance of the Commissioner’s rules or suspension thereof and results in:

---a. Live entertainment on a licensed patio;

---b. External speakers or amplifiers on a licensed patio; or

---c. Wet bar on a licensed patio;

---(4) Any change in the floor plan of a restaurant licensee which would increase the number of bar seats or increase the area utilized for

entertainment; or

---(5) Any additional circumstance that the Commissioner determines is a substantive change.

---(f)-(h) [Repealed.]

---(i) Notwithstanding subsection (e) of this section or any other law, rule, or regulation to the contrary, substantive change does not mean

any of the following:

---(1) An expansion of outdoor seating for serving of food and drinks that as of March 31, 2022, was approved by the Commissioner.

---(2) An expansion of outdoor seating for serving of food and drinks that meets all of the following requirements:

---a. A plan approved by the appropriate political subdivision that does all of the following:

---1. Considers local traffic patterns and parking capacity needs, but may extend the boundaries of seating beyond current property

boundaries under the discretion of the appropriate political subdivision and applicable property owners on all local right of ways.

---2. Does not intrude upon the State’s right of way, unless approved by the Delaware Department of Transportation in writing.

---3. Maintains current access, unless approved by Delaware Department of Transportation in writing.

---4. Maintains proper access to the property for all emergency services.

---5. Complies with the Americans Disabilities Act [42 U.S.C. § 12101 et seq.].

---6. Adheres to all local noise ordinances.

---7. Allows for the proper control over the distribution of alcoholic beverages.

---b. Approval by the Commissioner regarding the service of alcohol on premises.

---c. Complies with the Delaware Food Code.

---(j) Any plan approved by or submitted to the appropriate political subdivision and the Commissioner pursuant to subsection (i) of this

section may allow for the service of alcoholic beverages without the requirement to serve food.

---(k) Any plan submitted to the appropriate political subdivision and the Commissioner pursuant to subsection (i) of this section that meets

all of the requirements of paragraph (i)(2) of this section should not be denied approval absent exceptional circumstances.

---(l) Any political subdivision that revokes or modifies its approval for an expansion of outdoor seating for serving of food and drinks

under subsection (i) of this section must notify the Commissioner within 30 days of such revocation or modification.

(38 Del. Laws, c. 18, § 18; Code 1935, § 6147; 43 Del. Laws, c. 275, § 1; 44 Del. Laws, c. 205, § 1; 46 Del. Laws, c. 222, § 1; 4 Del. C.

1953, § 524; 59 Del. Laws, c. 107, §§ 29, 30; 67 Del. Laws, c. 118, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 435, § 1; 72 Del.

Laws, c. 221, §§ 2-4; 72 Del. Laws, c. 486, § 9; 73 Del. Laws, c. 136, § 1; 74 Del. Laws, c. 242, § 1; 82 Del. Laws, c. 247, §§ ? 3, 5; 83

Del. Laws, c. 9, § 3; 83 Del. Laws, c. 9, § 5; 83 Del. Laws, c. 284, § 3.)

§ 525 Spirits, wine and beer tasting.

---A license to permit spirits, wine and beer tasting may be granted by the Commissioner to any person holding a license under this title as

a retailer. Spirits, wine and beer tasting may take place only in a separate portion of a licensee’s premises where alcoholic beverages are not

sold. The separate portion of the premises shall be an area designated for spirits, wine and beer tasting by the Commissioner. No charge

may be made for the spirits, wine and beer tasting.

(65 Del. Laws, c. 283, § 2; 70 Del. Laws, c. 353, § 2; 72 Del. Laws, c. 486, § 9.)

§ 526 Direct purchasing of wine and beer.

---(a) Notwithstanding any other provision in this title, a natural person who is a Delaware resident may purchase sparkling wine, still wine

and beer that is not readily available to consumers throughout the State directly from a manufacturer or retailer of such beverages

domiciled outside of Delaware provided that the following apply:

---(1) The resident is 21 years of age or older;

---(2) The sparkling wine, still wine or beer is for the resident’s personal consumption and not for resale;

---(3) The total amount of sparkling wine or still wine purchased in 1 calendar year by the resident may not exceed 60 750-milliliter

bottles per calendar year;

---(4) The total amount of beer purchased in 1 calendar year by the resident may not exceed 6 cases of 12 ounce bottles or the

equivalent;

---(5) The manufacturer or retailer engaging in such direct sales holds a valid manufacturer’s or retailer’s license issued by the state of

its domicile;

---(6) The package in which the sparkling wine, still wine or beer is shipped is prominently labeled as containing alcoholic beverages;

---(7) The package in which such sparkling wine, still wine or beer is shipped is received by a person 21 years of age or older;

---(8) The package in which such sparkling wine, still wine or beer is shipped contains an invoice indicating the date of the shipment,

providing a full and complete description of all items included in the shipment, and stating the price thereof.

---(b) A person who is licensed in its state of domicile as an alcoholic beverage manufacturer, importer, wholesaler or licensee and who

Title 4 - Alcoholic Liquors and Marijuana

Page 23

may legally ship alcoholic beverages out of state may apply to the Commissioner for a direct shipper license. Only a person holding a

direct shipper license may accept an order for the purchase of sparkling wine, still wine and/or beer from a natural person who is a

Delaware resident. The license fee for a direct shipper shall be determined by the Commissioner. The amount of the fee must approximate

and reasonably reflect the costs necessary to defray the expenses of the Commissioner’s service and activities in connection with this

section.

---(c) All persons licensed under this section to ship wine and beer shall pay a tax on all wine and beer sold to residents in this State at the

rates set forth in § 581(d) of this title. Taxes levied by § 581(d) of this title shall be collected, as far as practical, from the direct shipper in

the manner set forth by the Commissioner. If for any reason the direct shipper who first handles the taxable beer and wine to be shipped to

Delaware has escaped payment of taxes, those taxes shall be collected from any person in whose hands the taxable beer and wine is found.

In no case, however, shall there be a duplication.

---(d) Direct shippers shall file invoices for each shipment with the Commissioner showing the retail price of the product, the quantity

shipped, the customer’s name and address and the tax collected and paid to the State. Such filings shall be quarterly and arrive at the

Commissioner no later than the 10th of March, June, September and December. Direct shippers shall maintain the records for at least 3

years.

---(e) Under no circumstance may the wine or beer be shipped directly to the resident. Direct shippers must deliver the wine and beer by

common carrier to a Delaware wholesaler, who will in turn deliver the shipment to a holder of a Delaware off-premises retail license. The

retail licensee must then deliver the wine or beer to the resident in a manner consistent with this title and as set forth by Commissioner

rules. The direct shipper shall pay a handling fee in the amount of $4 dollars per case or partial case of wine and $2 dollars per case or

partial case of beer to the wholesaler who receives the shipment on behalf of the Delaware resident. The wholesaler shall then remit to the

retail licensee one-half of the total handling fee.

(72 Del. Laws, c. 230, § 1; 72 Del. Laws, c. 486, § 9.)

§ 527 Substantive changes to licenses or licensed property [Repealed].

---Repealed by 73 Del. Laws, c. 136, § 2, eff. July 9, 2001.

Subchap. III - Determination of Applications

Subchapter III

Determination of Applications

§ 541 Procedural requirements governing Commissioner’s action; hearing; appeal.

---(a) The Commissioner shall distribute and receive all of the applications for licensure under this chapter, and shall refer the application

to the Division for investigation, and if it appears that any application should not be granted, the Commissioner shall so notify the applicant

stating the cause for denial.

---(b) If 10 or more persons who reside or own property within 1 mile of the premises where the license is to operate or in any incorporated

areas located within 1 mile of the premises where the license is to operate file a protest against the issuance of the license with the

Commissioner within 30 days from the filing of the application, then a hearing must be held to consider the application and protest and,

specifically, the concerns of the members of the community within which the license is to operate. The Commissioner may hold a hearing

in the absence of a protest. The Commissioner shall cause notice of the time and location of the hearing to be published in 2 consecutive

issues of the same newspapers within which the applicant published notice of the applicant’s application for the license. The Commissioner

shall send notice of the time and location of the hearing to the applicant and to each of the persons who signed the protest and provided a

legible name and address; provided, however, that it is sufficient for the Commissioner to send notice to the attorney of a person who is

represented by legal counsel. The Commissioner shall conduct the hearing and shall make and keep a record of the hearing. The record

must include the evidence, the Commissioner’s findings of fact, the Commissioner’s decision and a brief statement of the reasons therefor.

The Commissioner’s decision must show the manner in which the Commissioner construed the law and applied it to the facts, must recite

any objections presented by the community, and must show how and the extent to which the Commissioner took community concerns into

account and gave them due consideration when making the decision.

---(c) The Commissioner’s decision must be in writing and shall be final and conclusive unless, within 30 days from the date of the

postmark on the Commissioner’s decision, a party to the hearing files a written appeal in the office of the Commissioner. Upon receipt of

the appeal, the Commissioner shall cause the Chairperson of the Appeals Commission to be advised of the pending appeal and the

Chairperson shall cause the Appeals Commission to be convened with at least 20 days’ notice to all parties. The Appeals Commission’s

review of an appeal from the Commissioner’s final decision shall be on the record and in accordance with the Administrative Procedures

Act, subchapter III of Chapter 101 of Title 29. A decision of the Commissioner shall be reversed only upon a finding of abuse of discretion.

---(d) A party who is aggrieved by a final decision of the Appeals Commission may file a written appeal with the Superior Court within 30

days of the date that the Appeals Commission’s decision was mailed. The Superior Court’s review of an appeal shall be on the record and

in accordance with the Administrative Procedures Act, subchapter V of Chapter 101 of Title 29. The Superior Court’s review shall take

into account the experience and specialized competence of the agency and the purpose under which the agency acted. Further, the Superior

Title 4 - Alcoholic Liquors and Marijuana

Page 24

Court’s review, in the absence of fraud, shall be limited to whether the agency’s decision is supported by substantial evidence on the record

and is free from legal error.

(38 Del. Laws, c. 18, § 21; Code 1935, § 6150; 42 Del. Laws, c. 188, § 1; 43 Del. Laws, c. 275, § 2; 4 Del. C. 1953, § 541; 59 Del.

Laws, c. 107, §§ 32, 33; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 384, § 1; 71 Del. Laws, c. 435, §§ 2, 3; 72 Del. Laws, c. 486, §§ 9,

16-18; 73 Del. Laws, c. 133, § 2; 73 Del. Laws, c. 383, § 1; 78 Del. Laws, c. 384, § 1.)

§ 542 Decision upon application for renewal of license; time of making.

---On or before the first day of the month preceding the biennial expiration date of a license, the Commissioner shall render its decision

upon every application properly and completely made to it on or before the first day of the third month preceding the biennial expiration

date of a license.

(38 Del. Laws, c. 18, § 25; Code 1935, § 6154; 4 Del. C. 1953, § 542; 57 Del. Laws, c. 404, § 2; 67 Del. Laws, c. 273, § 23; 72 Del.

Laws, c. 486, § 9.)

§ 543 Grounds for refusal of license; transfer or extension of premises.

---(a) The Commissioner shall refuse to grant a license to be used in any county or subdivision thereof, if contrary to any prohibitory law

then in force, in such county or subdivision thereof.

---(b) The Commissioner may refuse to license an applicant if the Commissioner has substantial evidence that would reasonably support a

belief that:

---(1) Except for restaurants, there are sufficient licensed premises in the locality; or the granting of a license in the locality stated in the

application is not otherwise demanded by public interest or convenience;

---(2) The applicant is an importer of alcoholic liquors and has not furnished an acceptable bond for the purpose of assuring tax

payments;

---(3) The applicant appears to be financially irresponsible;

---(4) The applicant has been provided with funds by, or has any forbidden connection with, a manufacturer, supplier or importer of

alcoholic liquors;

---(5) The applicant has made false statements to the Commissioner;

---(6) The applicant has been convicted of violating any of the liquor laws of this State, or has been convicted and imprisoned for a

crime;

---(7) The applicant or any of the applicant’s directors or officers, or any of the applicant’s shareholders who hold more than 10% of the

outstanding issued shares has been convicted of violating any of the prohibited acts defined in Chapter 47 of Title 16, the Uniform

Controlled Substances Act, or its functional equivalent under the laws of the United States, any state or territory or any other country,

including, but not limited to, the illegal manufacture, delivery, trafficking, possession or consumption of any controlled or noncontrolled

substance, or the delivery or possession of illegal drug paraphernalia or illegal hypodermic syringes or needles, or the conspiracy,

solicitation or other attempt to engage in such illegal activities;

---(8) As to a restaurant applicant, the applicant has failed to designate a substantial portion of the premises’ floor space, as determined

by the Commissioner, to be used for the storage, preparation, service and consumption of complete meals;

---(9) As to a restaurant applicant, the applicant’s projected or actual receipts from the sale of complete meals fails to represent a

substantial portion of the establishment’s total gross receipts as determined by the Commissioner, provided that gross receipts received

as payments from the State Lottery Office shall not be included by the Commissioner in the Commissioner’s determination;

---(10) As to a restaurant applicant, the applicant’s proposed premises or any proposed extension of the premises of an existing licensed

restaurant is protested in accordance with the provisions contained in § 541(b) of this title or any applicable Commissioner rule, and the

Commissioner finds that substantial evidence exists to conclude that the establishment’s primary purpose will be the serving of alcoholic

liquor to patrons. In reaching its decision, the Commissioner shall consider factors including, but not limited to, the number and sizes of

bars in the establishment, the establishment’s floor plan, an approximate percentage of the projected revenue to be derived from the sale

of alcoholic liquor as compared to the percentage of revenue to be derived from the sale of complete meals, the establishment’s seating

capacity, storage and preparation area for food service, and the number of service employees employed, or to be employed, in the

establishment and their functions.

---(11) A substantial objection to the granting of the license has been presented by the community within which the license is to operate,

or that the granting of such license is otherwise not in the public interest. For the purposes of this subsection, the term “substantial

objection” shall include:

---a. Any objection, or group of objections, presented to the Commissioner either individually or as a group, by persons who reside

within the election district where the license is to operate and all contiguous election districts, sufficient to give the Commissioner

reason to believe that a majority of the residents of the community within which the license is to operate oppose the issuance of the

license; or

---b. Any objection, or group of objections, presented to the Commissioner either individually or as a group, the content of which

gives the Commissioner reason to believe the quality of life of the community within which the license is to operate will be adversely

affected by the granting of the license.

---(c) The Commissioner may refuse to grant a license to sell alcoholic liquor to any new establishment to be located in the vicinity of a

Title 4 - Alcoholic Liquors and Marijuana

Page 25

church, school or college. The Commissioner may issue a license to any establishment located in the vicinity of a church, school or college

when such establishment has been located in a place prior to the time any church, school or college may thereafter be located in the vicinity

of such establishment.

---(d) The Commissioner shall refuse to grant a license for the sale of alcoholic liquor by any store, or establishment for consumption off

the premises, when there is an existing licensed establishment of similar type within a ½ mile by accessible public road or street in any

incorporated city or town, or within 3 miles by accessible public road or street in any unincorporated or rural area measured in driving

distance both ways between the existing and proposed establishments. This subsection does not apply to any of the following:

---(1) An existing license or to the sale, transfer of ownership, or renewal of an existing license.

---(2) A club licensed to sell off the premises where sold, farm winery, brewery-pub, microbrewery, or craft distillery.

---(3) A licensee who desires to move the location of the license to a location within 500 feet thereof by accessible public road or street.

However, a licensee located in a shopping center or shopping mall may move the location of the license any distance within the same

shopping center or shopping mall, whether such center or mall consist of 1 or more than 1 separate buildings.

---(4) [Repealed.]

---(e) The Commissioner may grant a new license to a licensee who desires to move the location of the license due to the destruction of the

building, loss of lease, diversion of highway traffic pattern, or similar reason beyond the control of the licensee, if the application meets all

of the following:

---(1) The requirements under subsection (d) of this section and all other requirements under this title.

---(2) The location to which the licensee proposes to move meets either of the following:

---a. If in an incorporated city or town, is within 500 feet of the existing location of the licensee.

---b. If in an unincorporated or rural area, is within a ½ mile by accessible public road or street of the existing location of the licensee.

---(f) (1) The Commissioner shall refuse to grant a license to sell alcoholic liquor to any restaurant or eating place located on or a part of

the Delaware Turnpike.

---(2) The Commissioner shall refuse to grant a license to sell alcoholic liquor to any new store located in an unincorporated area on or

along any state highway listed in § 701(d) of Title 21 within 1½ miles of a Department of Motor Vehicles’ facility on or along the same

state highway.

---(g) [Repealed.]

---(h) Any existing restaurant which was licensed by the State to permit the sale of alcoholic beverages and which was in compliance with

applicable state, county or municipal laws and regulations as of June 14, 1991 shall be permitted to continue to operate in the same manner

as it was operating on said date so long as said license is in effect, notwithstanding any ordinance or other restriction subsequently enacted

by a municipal corporation.

---(i) The Commissioner shall refuse to grant a license for the sale of alcoholic liquor by any beer garden, taproom, or tavern establishment

when there is an existing licensed establishment of any of these types within 1200 feet by accessible public road or street in any

incorporated city or town, or within

/10 of a mile by accessible public road or street in any unincorporated or rural area measured in driving

distance both ways between the existing and proposed establishments. This subsection does not apply to any of the following:

---(1) An existing license or to the sale, transfer of ownership, or renewal of an existing license.

---(2) A licensee who desires to move the location of the license to a location within 500 feet thereof by accessible public road or street.

However, a licensee located in a shopping center or shopping mall may move the location of the license any distance within the same

shopping center or shopping mall, whether the center or mall consists of 1 or more separate buildings.

---(j) The Commissioner shall not grant a new license of any type and shall not grant an extension of premises of an existing license of any

type unless the application for said new license or for said extension is accompanied by a Certificate of Compliance from the appropriate

political subdivision showing:

---(1) That the premises where the license is to be used are properly zoned for the applicant’s intended use; and

---(2) That all necessary permits have been approved; and

---(3) That the applicant has complied with all other applicable licensing requirements of the appropriate political subdivision.

---This subsection shall not apply to any application for a temporary extension of premises as authorized by Commissioner rule;

provided, that any such application has not been objected to by the appropriate political subdivision which shall be provided with notice

of the application by the applicant within 7 days of the date the application is filed with the Commissioner.

---This subsection shall not apply to any extension of premises of an existing license granted by the Commissioner pursuant to § 524(i)

of this title even if the State of Emergency is no longer in effect.

(38 Del. Laws, c. 18, §§ 22, 24; Code 1935, §§ 6151, 6153; 4 Del. C. 1953, § 543; 54 Del. Laws, c. 324; 54 Del. Laws, c. 377, § 2; 55

Del. Laws, c. 116, § 1; 55 Del. Laws, c. 283, § 2; 55 Del. Laws, c. 342, §§ 1, 2; 55 Del. Laws, c. 446; 56 Del. Laws, c. 34; 57 Del. Laws,

c. 708; 58 Del. Laws, c. 542; 59 Del. Laws, c. 107, §§ 34-37; 61 Del. Laws, c. 145, § 1; 63 Del. Laws, c. 373, § 1; 64 Del. Laws, c. 430,

§ 1; 66 Del. Laws, c. 178, § 1; 67 Del. Laws, c. 109, § 15; 68 Del. Laws, c. 44, §§ 1, 2; 69 Del. Laws, c. 338, § 1; 70 Del. Laws, c. 186, §

1; 71 Del. Laws, c. 435, §§ 4, 5; 72 Del. Laws, c. 157, § 1; 72 Del. Laws, c. 486, § 9; 78 Del. Laws, c. 285, § 21; 82 Del. Laws, c. 98, §

1; 82 Del. Laws, c. 247, §§ ? 3, 5; 83 Del. Laws, c. 9, § 3; 83 Del. Laws, c. 9, § 5; 83 Del. Laws, c. 56, § 106; 83 Del. Laws, c. 176, § 1;

83 Del. Laws, c. 284, § 3; 83 Del. Laws, c. 287, § 1; 84 Del. Laws, c. 37, § 2; 84 Del. Laws, c. 42, § 1.)

§ 544 Finality of Commissioner’s decision refusing license.

Title 4 - Alcoholic Liquors and Marijuana

Page 26

---If an application is not timely protested, but the Commissioner determines that the application should nevertheless be denied, the

Commissioner shall render the decision promptly in writing. The Commissioner’s decision shall be final and conclusive unless, within 30

days after notice thereof has been mailed by the Commissioner’s office, the applicant files an appeal in the office of the Commissioner. The

appeal shall follow the procedure outlined in § 541 of this title.

(38 Del. Laws, c. 18, § 22; Code 1935, § 6151; 45 Del. Laws, c. 262, § 1; 4 Del. C. 1953, § 544; 59 Del. Laws, c. 107, § 38; 72 Del.

Laws, c. 486, § 9; 73 Del. Laws, c. 133, § 3.)

§ 545 Improvements to premises.

---The Commissioner may not require an applicant to make improvements to the premises before the issuance of a license; however, the

Commissioner may issue a license to sell alcoholic liquor upon the condition that certain improvements shall be made to the premises.

(4 Del. C. 1953, § 545; 55 Del. Laws, c. 291; 59 Del. Laws, c. 107, § 39; 72 Del. Laws, c. 486, § 9.)

§ 546 Limit on number of retail licenses.

---(a) The General Assembly finds that, in order for the Delaware Alcoholic Beverage Control Commissioner to maintain effective control

of the importation, distribution and sale of alcoholic liquor into and within this State, and in order to prevent geographical price fixing of

alcoholic liquor at the retail level, there shall be a limitation placed on the number of retail licenses issued, held, controlled or acquired

directly or indirectly by 1 person. The General Assembly further finds that a limitation on the number of retail licenses held by 1 person is

necessary to ensure a stable system for the lawful distribution of alcoholic liquor, serve the public need and convenience and prevent the

public harm associated with a monopoly of the retail alcoholic liquor trade by any person or group of persons, whether such licenses are

held by a corporation, partnership, association, proprietorship, individual or other entity. The General Assembly further finds that a

reasonable restriction on the number of retail licenses held by 1 person will further the State’s interest in maintaining a 3-tier system for the

importation, distribution and sale of alcoholic liquor by minimizing or limiting absentee ownership and the domination of retail

establishments by suppliers, manufacturers, importers or other economically powerful interests.

---Therefore, it is declared to be the public policy of this State that limitations, as hereinafter specified, be placed on the number of retail

licenses that any person may at 1 time hold, directly or indirectly, and that the Commissioner shall actively supervise and enforce these

limitations.

---(b) The Commissioner shall refuse to grant a license for the sale of alcoholic liquor by any restaurant, taproom, hotel, store or other

establishment for consumption off the premises where sold if the Commissioner has substantial evidence that would reasonably support a

belief that the applicant, or any of the applicant’s directors, officers or shareholders, or any of the applicant’s partners, corporations,

proprietorships or other legal entities engaged in any undertaking, industry or business is singularly, or in combination with the applicant,

the holder of 2 or more retail licenses, or has any financial, pecuniary, beneficial, management, supervisory or other interest whatsoever,

direct or indirect, and however small, in 2 or more retail licenses; provided, however, that nothing herein shall require any person who,

prior to April 1, 1992, acquired an interest in more than 2 retail licenses to surrender, dispose of, or release their interest in any such

license; nor shall anything herein affect such person’s right to continue to hold, use and renew any such license.

---(c) For the purposes of this section, a person shall be deemed to acquire a financial, pecuniary, beneficial, management, supervisory or

other interest in a retail license to purchase and re-sell or dispense alcoholic liquor if such person or person’s spouse or child under 21 years

of age has either (i) any interest whatsoever, direct or indirect, and however small, as a director, officer, shareholder, partner, associate,

employee or member in any corporation, partnership, association, proprietorship or other entity engaged in any undertaking, industry or

business which holds a retail license pursuant to this chapter, or (ii) any authority whatsoever to supervise, manage, control or direct the

operation of the licensee’s business, or to hire, terminate or discipline its employees, or to issue any orders, policies or directives

concerning its business; provided, however, that any person whose relationship with the licensee is, as determined by the Commissioner,

merely that of a bona fide lender, lending institution, secured party or lienholder, or merely that of a bona fide landlord or lessor of real or

personal property, shall not, for the purposes of this section, be deemed to acquire a financial, pecuniary, beneficial, management,

supervisory or other interest in such license.

---(d) The Commissioner may promulgate such rules and regulations with respect to the enforcement and furtherance of the objectives and

provisions of this section as it may deem necessary, and all such rules and regulations that are not inconsistent with provisions of this title

and the Delaware Code shall have the force and effect of law.

(68 Del. Laws, c. 376, § 1; 72 Del. Laws, c. 486, § 9.)

Subchap. IV - Certificate of License, Term of License and Fees

Subchapter IV

Certificate of License, Term of License and Fees

§ 551 Issuance of certificate.

---If the Commissioner grants the license and payment therefor has been made, a certificate to that effect shall be issued. The certificate

shall set forth the name, the kind of license granted, the date of expiration of the license, and if a license to manufacture or to sell or to keep

in stock, the place or places in which it is to be manufactured, sold or kept.

(38 Del. Laws, c. 18, § 23; Code 1935, § 6152; 4 Del. C. 1953, § 551; 59 Del. Laws, c. 107, § 40; 72 Del. Laws, c. 486, § 9.)

Title 4 - Alcoholic Liquors and Marijuana

Page 27

§ 552 Term and expiration date of licenses.

---All licenses issued under this title shall be valid for a period of 2 years, unless it is specifically stated in this title or by the Commissioner

to be for a shorter period of time, or unless the license shall be cancelled, revoked or suspended by the Commissioner, or unless the license

shall be surrendered by the licensee, or unless the license shall expire. The Commissioner shall determine the precise dates of the validity

of a license issued under this title. A license issued by the Commissioner, which is not a renewal of a former license, within 3 months of

the date the license would have to be renewed under the rules of the Commissioner may be made to terminate by the Commissioner 2 years

after the first applicable biennial expiration date.

(38 Del. Laws, c. 18, § 25; Code 1935, § 6154; 4 Del. C. 1953, § 552; 57 Del. Laws, c. 404, § 3; 67 Del. Laws, c. 273, §§ 1, 26; 72 Del.

Laws, c. 486, § 9.)

§ 553 Rate of payment for license issued for other than 2 years.

---A license issued for a time other than 2 years shall be paid for when issued at the rate of one twenty-fourth of the biennial fee for each

month of the term.

(38 Del. Laws, c. 18, § 25; Code 1935, § 6154; 4 Del. C. 1953, § 553; 67 Del. Laws, c. 273, §§ 2, 3.)

§ 554 License fees.

---(a) For a license to sell alcoholic liquor in a hotel or restaurant the biennial license fee shall be $1,000.

---(b) For a license to sell alcoholic liquor on a boat the biennial license fee shall be $1,000.

---(c) For a license to sell alcoholic liquor in the passenger cars of a railroad the biennial license fee shall be $600 for each railroad.

---(d) For a license to sell alcoholic liquor in a club, to members of that club, the biennial license fee shall be $300 if the club has an active

membership in good standing of less than 400 members; or $600 if the club has an active membership in good standing of 400 or more

members.

---(e) For a license to sell beer and/or wine only in a restaurant the biennial license fee shall be $500.

---(f) For a license to sell beer only in a tavern the biennial license fee shall be $500.

---(g) For a license to sell alcoholic liquors in a taproom the biennial license fee shall be $1,000.

---(h) For a license to sell alcoholic liquor from a hotel, restaurant, taproom, or store, not for consumption on the premises, the biennial

license fee shall be $1,000.

---(i) For a license to sell alcoholic liquors at gatherings of persons, the license fee shall be as follows:

---(1) For a group-type gathering license, the license fee shall be $5.00 for each such license granted, unless the said license shall be for

a period of more than 2 days in which case the license fee shall be $5.00 plus the additional sum of $2.00 for each such additional day or

unless the said license shall be for a Sunday, Thanksgiving, Christmas, or Easter, in which case the license fee shall be an additional

$5.00 for each such day.

---(2) Biennial license. — a. For a biennial premises type gathering license for a facility in which not more than 25 gatherings of persons

at which alcoholic liquors are to be sold are to be held, the biennial license fee shall be $200.

---b. For a biennial premises type gathering license for a facility in which more than 25 but not more than 75 such gatherings of

persons are to be held, the biennial license fee shall be $400.

---c. For a biennial premises type gathering license for a facility in which more than 75 such gatherings of persons are to be held, the

biennial license fee shall be $1,000.

---d. For the holder of a biennial premises type gathering license to sell alcoholic liquor on a Sunday, Thanksgiving, Christmas, or

Easter, the biennial license fee shall be:

---1. An additional $200 for a license issued pursuant to paragraph (i)(2)a. of this section;

---2. An additional $300 for a license issued pursuant to paragraph (i)(2)b. of this section; and

---3. An additional $400 for a license issued pursuant to paragraph (i)(2)c. of this section.

---(j) For a license to “manufacture” and to “sell” beer and cider, the biennial license fee shall be based upon annual production and shall be

computed as follows: $1,500 for a brewery or microbrewery manufacturing not more than 25,000 barrels of beer and cider per year; $3,000

for a microbrewery or brewery manufacturing more than 25,000 but not more than 50,000 barrels of beer and cider per year; $6,000 for a

microbrewery or brewery manufacturing more than 50,000 but not more than 100,000 barrels of beer and cider per year; and $9,000 for a

microbrewery or brewery manufacturing more than 100,000 barrels of beer and cider per year.

---(k) For a license to operate a distillery for distillation or rectification, the biennial license fee shall be based upon annual production and

shall be computed as follows: For the first 500 gallons, $100; for the next 5,000 gallons, or fraction thereof, at the rate of 6 cents per gallon;

for the next 10,000 gallons, or fraction thereof, at the rate of 4.5 cents per gallon; for the next 50,000 gallons, or fraction thereof, at the rate

of 3 cents per gallon; for the next 100,000 gallons, or fraction thereof, at the rate of 1.5 cents per gallon; for each gallon in excess of

165,500 gallons, at the rate of three quarters cent per gallon.

---(l) For a license to bottle beer the biennial license fee shall be $100 for the first 500 barrels or less, and $100 for each additional 500

barrels, or fraction, bottled.

---(m) For a license to operate a winery or to bottle and sell wine the biennial license fee shall be $1,500.

---(n) For a license to import or to ship alcoholic liquor, other than beer and wine, into this State and to sell and deliver such alcoholic

Title 4 - Alcoholic Liquors and Marijuana

Page 28

liquor as provided in this chapter the biennial license fee shall be $7,500; but a sale and delivery of alcoholic liquor to pharmacists,

physicians, dentists, veterinarians, wholesale druggists, manufacturing plants where the alcohol is used in scientific work, or for the

manufacture of pharmaceutical products shall not be subject to the license fee.

---(o) For a license to import or to ship beer into this State and to sell and deliver such beer the biennial license fee shall be $3,000; and for

a license to import or to ship unlimited amounts of wine into this State and to sell and deliver such wine the biennial license fee shall be

$3,000. A license for a limited wine importer, an importer that imports, sells and delivers less than 1000 cases of wine per year, shall be

$200. A limited wine importer need not pay the application fee required by subsection (x) of this section.

---(p) For a license to sell alcoholic liquor as an off-site caterer the biennial license fee shall be $500.

---(q) For a license to transport a stock of alcoholic liquor from the place where sale or storage of such stock has been authorized to another

location, the license fee shall be fixed by the Commissioner.

---(r) For a license to purchase sacramental wine, no license fee shall be charged.

---(s) For a temporary license, the license fee shall be not less than

/2 nor more than double the amount of the annual license fee for a

regular license for the same privilege, in the discretion of the Commissioner.

---(t) For a license to sell alcoholic liquor at a horse racetrack the biennial license fee shall be $3,000.

---(u) For a license to sell alcoholic liquor at a motorsports speedway the biennial license fee shall be $3,000.

---(v) For license to sell alcoholic liquors as a ship’s chandler the biennial license fee shall be $1,000.

---(w) For a license for a multiple activity club to sell alcoholic beverages to any person who is a member of such club or a guest of a

member of such club, the biennial license fee shall be $1,500.

---(x) Application process fee. — If any application for a license under this title requires any investigation by the staff or a hearing by the

Commissioner before the Commissioner reaches a decision on the application, the applicant shall pay an application process fee of $1,000

in addition to any other fees required by this title or the rules of the Commissioner. The application process fee is not refundable regardless

of the decision of the Commissioner. This provision for an application process fee does not apply to a gathering of persons under § 514 of

this title, a limited suppliers license issued pursuant to § 501 of this title, a license to sell on Sunday, and a tasting permit. This provision

for an application process fee shall not apply to applications for change of officers, directors or stockholders of a corporate licensee if there

is no change in the majority of stockholders or majority of directors. Six hundred dollars of the application process fee shall be retained by

the Commissioner and deposited in a special fund for the sole purpose of providing for the implementation, administration and enforcement

of the Delaware Responsible Alcoholic Beverage Server Training Program established pursuant to Chapter 12 of this title.

---(y) For a license to sell alcoholic liquor in a dinner theater the biennial license fee shall be $1,000.

---(z) For a license to sell alcoholic liquors as a caterer for consumption on the premises where sold the biennial license fee shall be $1,000.

---(aa) For a license as a “bottle club” authorized by § 515A of this title the biennial license fee shall be $300.

---(bb) For a license to sell alcoholic liquors in a cabaret the biennial license fee shall be $2,000.

---(cc) For a license as an air passenger carrier, as defined in § 512(i) of this title, the biennial license fee shall be $1,000.

---(dd) For a license to conduct wine auctions the biennial license fee shall be $1,500. For a gathering license to conduct a wine auction by

a nonprofit organization the fee shall be $50 per event.

---(ee) For a license to permit spirits, wine and beer tasting the biennial license fee shall be $150.

---(ff) For a farm winery license the biennial license fee shall be $1,500.

---(gg) For a brewery-pub license the biennial license fee shall be $2,000.

---(hh) For a license to sell alcoholic liquors at a multi-purpose sports facility the biennial license fee shall be $3,000.

---(ii) For a license to sell alcoholic liquors at a bowling alley the biennial license fee shall be $1,000.

---(jj) For a license as a “direct shipper” as provided in § 526 of Title 4 the biennial license fee shall be $100.

---(kk) Each of the licensees identified in subsections (a)-(h), (t)-(w), (y), (z), (bb), (cc), (dd), (ff), (gg), (hh), (ii), (mm), and (qq) of this

section, shall pay an additional annual fee of $100. The Commissioner shall deposit said funds into a special account designated as the

“Overservice Investigation Fund.” Said fund shall be utilized by the Division of Alcohol and Tobacco Enforcement to pay overtime to its

agents and/or to hire and equip additional agents for the purpose of investigating and prosecuting licensees that serve intoxicated

individuals.

---(ll) For a permit to sell alcoholic liquors on a patio, the biennial fee shall be $1,000. If the holder of a patio permit desires a variance to

Rule 42.1 [4 DE Admin. Code § 704, formerly Rule 42.1], or a subsequently adopted rule, the biennial variance permit fee shall be $100

per variance.

---(mm) For a license to sell alcoholic liquor in a concert hall the biennial fee shall be $1,500.

---(nn) For a license as a “craft distillery” as provided in § 512E of this title the biennial license fee shall be $1,500.

---(oo) For a “temporary large event” license as provided in § 512F of this title, the fee shall be $500 for each temporary large event and no

application process fee as permitted under subsection (x) of this section shall be assessed.

---(pp) For a growler filler permit as provided in § 516(a) of this title, the biennial license fee shall be $150.

---(qq) For a license to sell alcoholic liquor in a movie theater the biennial fee shall be $1,500.

---(rr) For a license to sell alcoholic liquor in a beer garden, the biennial fee shall be $2,000. The holder of a beer garden license is not

required to have a patio permit, but if the beer garden license holder desires a variance to Rule 42.1 (4 DE Admin. Code § 704, formerly

Title 4 - Alcoholic Liquors and Marijuana

Page 29

Rule 42.1), or a subsequently adopted rule, the biennial variance permit fee shall be $100 per variance.

(38 Del. Laws, c. 18, § 30; 39 Del. Laws, c. 6; Code 1935, § 6159; 41 Del. Laws, c. 247, § 1; 41 Del. Laws, c. 248, §§ 1, 2; 42 Del.

Laws, c. 191, § 4; 44 Del. Laws, c. 203, § 5; 4 Del. C. 1953, § 555; 49 Del. Laws, c. 341; 49 Del. Laws, c. 342, §§ 1-12; 50 Del. Laws, c.

424, §§ 1, 2; 54 Del. Laws, c. 377, § 3; 55 Del. Laws, c. 82, §§ 4, 5; 55 Del. Laws, c. 283, § 3; 55 Del. Laws, c. 416, §§ 1-3; 56 Del.

Laws, c. 311, § 4; 56 Del. Laws, c. 335, §§ 6-8; 57 Del. Laws, c. 404, § 4; 57 Del. Laws, c. 448; 59 Del. Laws, c. 107, § 42; 60 Del.

Laws, c. 466, §§ 4-6; 63 Del. Laws, c. 232, § 4; 64 Del. Laws, c. 436, § 1; 64 Del. Laws, c. 437, § 2; 65 Del. Laws, c. 152, § 1; 65 Del.

Laws, c. 283, § 3; 67 Del. Laws, c. 109, § 16; 67 Del. Laws, c. 273, §§ 4-22; 68 Del. Laws, c. 107, § 2; 68 Del. Laws, c. 168, § 2; 68

Del. Laws, c. 205, § 2; 69 Del. Laws, c. 6, § 4; 70 Del. Laws, c. 353, § 3; 71 Del. Laws, c. 182, § 2; 71 Del. Laws, c. 211, § 4; 71 Del.

Laws, c. 383, § 3; 72 Del. Laws, c. 486, § 9; 73 Del. Laws, c. 244, § 9; 73 Del. Laws, c. 393, § 3; 75 Del. Laws, c. 80, § 9; 75 Del. Laws,

c. 253, §§ 1, 2; 77 Del. Laws, c. 72, § 1; 78 Del. Laws, c. 220, § 3; 78 Del. Laws, c. 251, § 2; 79 Del. Laws, c. 6, § 3; 79 Del. Laws, c.

23, § 2; 79 Del. Laws, c. 308, § 3; 80 Del. Laws, c. 62, § 1; 81 Del. Laws, c. 69, § 3; 81 Del. Laws, c. 79, § 1.)

Subchap. V - Cancellation or Suspension of License

Subchapter V

Cancellation or Suspension of License

§ 561 Grounds for cancellation or suspension.

---(a) The Commissioner may cancel every license made use of on behalf of any person other than the one to whom or on behalf of whom

it has been issued.

---(b) The Commissioner may suspend any license and/or fine any licensee for the sale of alcoholic liquors if it has reasonable grounds to

believe that the licensee has committed any of the following violations, or may cancel any license for the sale of alcoholic liquors for the

following violations, if repeated and continuous:

---(1) The licensee has violated any provision of this title or any regulation of the Commissioner pursuant hereto;

---(2) The licensee has made any false representation or statement to the Commissioner in order to induce or prevent action by the

Commissioner;

---(3) The licensee is not maintaining an acceptable bond, if said bond is required;

---(4) The licensee is acting as an agent of a manufacturer of alcoholic liquor or has borrowed money or accepted gratuities from such a

manufacturer or any agent thereof;

---(5) The licensee maintains a noisy, lewd, disorderly, or unsanitary establishment or has been supplying impure or otherwise

deleterious beverages or food;

---(6) The licensee is in the habit of using dangerous or narcotic drugs, or is in the habit of using alcoholic beverages to excess;

---(7) The licensee has sold alcoholic liquor in contravention of § 708 of this title;

---(8) The licensee has in the licensee’s possession on the licensee’s licensed premises or has sold or offered for sale any alcoholic

beverages not purchased or sold pursuant to this title;

---(9) The licensee has misrepresented any alcoholic liquor sold by the licensee as purchased through the Commissioner or has in the

licensee’s possession, or has used any wrappers, labels, corks, caps, stamps or bottles not purchased from or through the Commissioner

which are deceptively similar to those used by the Commissioner;

---(10) The licensee has since the granting of the licensee’s license been convicted of a felony or has been convicted of violating any of

the liquor laws of this State, general or local, including the provisions of this title;

---(11) The licensee has admitted guilt or has been adjudged guilty of violations of local, municipal, county or State regulations,

ordinances or codes related to the operation of a licensed premises;

---(12) There is any other reason which in the opinion of the Commissioner based on public convenience or necessity warrants

cancelling or suspending the license;

---(13) The licensee or a representative thereof has disciplined, threatened or otherwise penalized any person for refusing to violate or

aiding the enforcement of the provisions of this title or the rules of the Commissioner.

---(c) The Commissioner shall not cancel or suspend any license for the sale of alcoholic liquors or impose any fine for an alleged violation

of § 708 or § 904 of this title where the licensee or its employee has made a reasonable effort to determine the age of a purchaser of

alcoholic liquors. For purposes of this subsection, a licensee or its employee shall be deemed to have made a reasonable effort to determine

the age of a purchaser if, prior to any sale of alcoholic liquors, the licensee or its employee requires the purchaser to display identification,

with a photograph of the purchaser thereon affixed, which sets forth information that would lead a reasonable man to believe the purchaser

to be 21 years of age or older.

---(d) Any of the grounds for refusal of a license as provided for in § 543 of this title shall also be adequate grounds for suspension of a

license.

---(e) The Commissioner may cancel any retail license if it has reasonable grounds to believe that the license was granted in violation of §

546(b) of this title, or any rule enacted pursuant to § 546(d) of this title.

---(f) [Repealed.]

---(g) The Commissioner may suspend any license for the sale of alcoholic liquors held by any taproom or restaurant or fine any licensee

holding such a license if it has reasonable grounds to believe that the licensee has operated, caused the operation of or permitted the

Title 4 - Alcoholic Liquors and Marijuana

Page 30

operation of any stationary source of sound in such a manner as to create an operative average sound level which is equal to or greater than

65 dBA, but less than 75 dBA, when measured at any location 100 feet or more from the licensed premises’ real property boundary. The

Commissioner shall suspend any license for the sale of alcoholic liquors held by any taproom or restaurant and fine any licensee holding

such a license if it has reasonable grounds to believe that the licensee has operated, caused the operation of or permitted the operation of

any stationary source of sound in such a manner as to create an operative average sound level which is equal to or greater than 75 dBA

when measured at any location 100 feet or more from the real property boundary of the licensed premises. For the purpose of this section,

“operative average sound level” means the energy average of the A-weighted sound pressure level during the business hours of operation

of the licensed premises. The operative average sound level may be determined by an average of not less than 3 individual decibel readings

taken not less than 10 minutes apart and taken from the same location. Provided however, that nothing in this subsection shall apply within

the boundaries of any municipality.

---(h) (1) [Repealed.]

---(2) The temporary suspension shall be until the Commissioner no longer has reasonable grounds to believe that the public’s safety is

at risk, but can be no longer than 20 days unless otherwise provided herein.

---(3) At the time of the temporary suspension, the Commissioner shall provide the licensee with notice of a hearing, which shall be held

by electronic, telephonic or remote means, within 20 days of the issuance of the temporary suspension.

---(4) If a licensee fails to attend such hearing, the Commissioner may continue the temporary suspension. If the temporary suspension is

continued, a licensee may request the Commissioner to hold another hearing which shall be provided by electronic, telephone, or remote

means within 20 days of the licensee’s request.

---(5) After a hearing, the Commissioner may do any of the following:

---a. Continue the temporary suspension until a public hearing is scheduled in accordance with § 562 of this title if the Commissioner

believes that the public safety will be at risk if the temporary suspension is lifted.

---b. Lift the suspension if the Commissioner believes that lifting the temporary suspension will not result in a risk to public safety.

---c. Impose appropriate conditions or fines on the licensee.

---d. Take whatever action the Commissioner believes is necessary and appropriate in order to ensure that the public safety will not

be at risk by the licensee. Except the Commissioner may not cancel or revoke a license unless pursuant to § 562 of this title.

---(6) Notwithstanding any law, regulation, or rule to the contrary, the Commissioner may temporarily suspend any license if the

Commissioner has reasonable grounds to believe that the public’s safety is at risk and that the licensee has violated the provisions of

Title 4.

---(i) If the Commissioner receives notice from the appropriate political subdivision that any Certificate of Compliance issued to satisfy an

applicant’s duty under § 543(j) of this title has been suspended, then the Commissioner shall suspend any license or extension of an

existing license granted in reliance on such Certificate of Compliance until such time as the Commissioner receives notice from the

appropriate political subdivision that such Certificate has been reinstated. If the Commissioner receives notice from the appropriate

political subdivision that any Certificate of Compliance issued to satisfy an applicant’s duty under § 543(j) of this title has been canceled,

then the Commissioner shall revoke any license or extension of an existing license granted in reliance on such Certificate of Compliance.

(38 Del. Laws, c. 18, § 29; Code 1935, § 6158; 41 Del. Laws, c. 246, § 1; 4 Del. C. 1953, § 561; 55 Del. Laws, c. 296, § 1; 57 Del.

Laws, c. 416; 59 Del. Laws, c. 107, §§ 43-48; 59 Del. Laws, c. 590, § 7; 61 Del. Laws, c. 493, § 1; 67 Del. Laws, c. 109, § 17; 68 Del.

Laws, c. 130, § 1; 68 Del. Laws, c. 376, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 435, §§ 6, 7; 72 Del. Laws, c. 486, § 9; 74 Del.

Laws, c. 154, § 1; 75 Del. Laws, c. 417, § 2; 82 Del. Laws, c. 247, §§ ? 4, 5; 83 Del. Laws, c. 9, § 4; 83 Del. Laws, c. 9, § 5; 83 Del.

Laws, c. 284, § 4.)

§ 562 Public hearing and right of appeal.

---(a) No license shall be cancelled or suspended, or any licensee fined:

---(1) Until the licensee has been given a public hearing by the Commissioner at which time the licensee shall be entitled to legal

representation and to present witnesses; and

---(2) Unless the ground therefor shall be established by clear and convincing evidence.

---A full and complete record shall be kept of all proceedings incident to such hearing. All testimony shall be recorded but need not be

transcribed unless an order of the Commissioner is appealed to the Superior Court as set forth in subsection (c) of this section.

---(b) Any order of the Commissioner relative to suspension or cancellation of a license, or a fine imposed against a licensee shall become

final 10 days after the licensee receives notice thereof, unless within 10 days of the date of the postmark on the Commissioner’s decision a

written appeal is filed in the Superior Court. No bond shall be required for filing such appeal.

---(c) The appeal shall state the grounds upon which a review is sought. After the appeal is filed, service shall be made by the Sheriff upon

the Commissioner. The Commissioner shall certify and file with the court all documents and papers and a transcript of all testimony taken

in the matter, together with the Commissioner’s findings therein as soon as practicable but in no event later than 20 calendar days from the

date of service of the appeal. The Superior Court’s review of an appeal shall be on the record and the Superior Court shall take into account

the experience and specialized competence of the agency and the purpose under which the agency acted. Further, the Superior Court’s

review, in the absence of fraud, shall be limited to whether the agency’s decision is supported by substantial evidence on the record and is

free from legal error.

---(d) An appeal without bond may be taken from the decision of the Superior Court to the Supreme Court of this State in the same manner

Title 4 - Alcoholic Liquors and Marijuana

Page 31

as is provided in civil cases. Upon the final determination of judicial proceedings, the Commissioner shall enter an order in accordance

with such determination, or shall take such further or other action as the Court may order. A petition for judicial review shall act as a

supersedeas.

---(e) The public hearing required in subsection (a) of this section may be by electronic, telephone, or remote means.

(38 Del. Laws, c. 18, § 29; Code 1935, § 6158; 47 Del. Laws, c. 119, § 1; 4 Del. C. 1953, § 562; 55 Del. Laws, c. 296, § 2; 59 Del.

Laws, c. 107, §§ 49, 50; 72 Del. Laws, c. 486, §§ 9, 19, 20; 78 Del. Laws, c. 384, § 3; 82 Del. Laws, c. 247, §§ ? 4, 5; 83 Del. Laws, c. 9,

§ 4; 83 Del. Laws, c. 284, § 4.)

§ 563 Effect of cancellation or surrender of license; notice.

---(a) The cancellation or the acceptance of a surrender of any license shall entail the loss of the privilege conferred by the license and shall

entail the acceptance of or the seizure by the Commissioner of any alcoholic liquor found in the possession of the holder of the license,

except those which occur solely by reason of the death of the licensee.

---(b) Notice of the order of the cancellation or the acceptance of the surrender of the license may be served by an officer designated by the

Commissioner by affixing a duplicate thereof to the outside of the entrance door of the licensed premises, or by leaving a duplicate with the

holder of the license, or with any member of the family of the holder over the age of 18 years at the residence of the holder, or otherwise,

as in the judgment of the Commissioner will give notice of such cancellation or acceptance of the surrender. All cancellations or

acceptances of surrender shall take effect as soon as the order is served.

---(c) The cancellation or acceptance of surrender of a license shall not in any wise prevent the institution of any criminal proceedings for

any offense under this title by the person who was the holder of such license while it was in force. No conviction obtained for any offense

under this title shall prevent the Commissioner from cancelling the license of any offender or from making at the same time a seizure of

alcoholic liquor as provided in this title.

(38 Del. Laws, c. 18, § 29; Code 1935, § 6158; 41 Del. Laws, c. 246, § 1; 4 Del. C. 1953, § 563; 59 Del. Laws, c. 107, § 51; 72 Del.

Laws, c. 486, § 9.)

§ 564 Payments to former licensee.

---The Department of Finance shall, within 30 days of the date of the cancellation or acceptance of surrender of a license, remit to the

former licensee a part of the license fee which has been paid and pertains to the unexpired term of the license. In addition, the

Commissioner shall remit to the former licensee the amount originally received by the Commissioner from the former licensee in payment

for such alcoholic liquor accepted or seized as remains in packages sealed by the Commissioner, after paying or deducting therefrom all

costs and expenses incurred by the Commissioner by reason of the acceptance or seizure of the alcoholic liquor of the former licensee.

When other legally acquired alcoholic liquors have been accepted or seized under this section, the value thereof as determined by the

Commissioner shall be remitted by the Commissioner to the former licensee, after paying or deducting therefrom all costs and expenses

incurred by the Commissioner by reason of the acceptance or seizure of the alcoholic liquor of the former licensee. When illegally acquired

alcoholic liquors have been seized under this section, no payment shall be made therefor.

(38 Del. Laws, c. 18, § 29; Code 1935, § 6158; 41 Del. Laws, c. 246, § 1; 44 Del. Laws, c. 205, § 1; 4 Del. C. 1953, § 564; 57 Del.

Laws, c. 741, § 27A; 72 Del. Laws, c. 486, § 9.)

Subchap. VI - Transfer of License; Death of Licensee

Subchapter VI

Transfer of License; Death of Licensee

§ 571 Transfer of license.

---(a) The rights conferred by a license may be transferred by the Commissioner to any representative designated by the person to whom or

on behalf of whom the license was originally granted, if such representative is a person approved by the Commissioner. In the case of death

of an individual to whom a license has been granted, the Commissioner may transfer the license to a qualified person recommended by the

executor or administrator of the estate of the deceased licensee.

---(b) In instances where the Commissioner has approved the transfer of a license, all matters concerning alcoholic beverage inventories

shall be handled directly between the transferor and the transferee and all payments shall be made directly and not through the

Commissioner.

(38 Del. Laws, c. 18, § 29; Code 1935, § 6158; 41 Del. Laws, c. 246, § 1; 4 Del. C. 1953, § 571; 59 Del. Laws, c. 107, § 52; 72 Del.

Laws, c. 486, § 9.)

§ 572 Death of licensee; payments to licensee’s estate.

---If any licensee dies and no application is made for transfer of the license, or the Commissioner refuses to permit the transfer of the

license to another person, the Department of Finance shall return to the legal representative of such deceased person a share of the license

fee received by the Department proportionate to the number of full calendar months of the unexpired term; and if the alcoholic liquors in

possession of the licensee at the time of the licensee’s death are delivered to the Commissioner and the Commissioner ascertains that such

alcoholic liquors have been received by the deceased person according to law, the Commissioner shall pay to the representative the amount

originally received by the Commissioner for such alcoholic liquors less 10 percent thereof, or the appraised value less 10 percent thereof.

Title 4 - Alcoholic Liquors and Marijuana

Page 32

(38 Del. Laws, c. 18, § 31; Code 1935, § 6160; 4 Del. C. 1953, § 572; 57 Del. Laws, c. 741, § 27B; 70 Del. Laws, c. 186, § 1; 72 Del.

Laws, c. 486, § 9.)

Subchap. VII - Taxes

Subchapter VII

Taxes

§ 581 Rates of tax [For application of this section, see 81 Del. Laws, c. 54, § 2].

---(a) All persons required to be licensed under this title as an importer shall pay a tax upon the sale of alcoholic beverages to any person

who purchases alcohol from an importer in this State at the rates set forth in subsection (d) of this section.

---(b) All persons licensed under this title to manufacture alcoholic beverages shall pay a tax on all alcoholic beverages sold to customers in

this State at the rates set forth in subsection (d) of this section. This subsection shall not apply to sales to customers who are:

---(1) Importers of alcoholic beverages subject to licensing under this title;

---(2) Distributors of alcoholic beverages licensed by a state other than Delaware where the alcoholic beverages are sold for resale in

such other state; or

---(3) In the case of sales of beer, an instrumentality of the United States Armed Forces.

---(c) Except as provided in subsection (a) or (b) of this section, any person who imports alcoholic beverages for consumption in this State

shall pay to the Department of Finance the tax on such imports at the rates set forth in subsection (d) of this section.

---(d) The tax payable under this section shall be as follows:

---(1) For each barrel of beer or fermented beverage, $8.15.

---(2) For each gallon of cider, $.27.

---(3) For each gallon of wine, $1.63.

---(4) For each gallon of spirits containing 25 % or less of ethyl alcohol by volume, $3.00.

---(5) For each gallon of spirits containing more than 25 % ethyl alcohol by volume, $4.50.

---(6) For each gallon of alcohol per gallon of ethyl alcohol contained, $8.15, except that the tax of $8.15 shall not apply to the purchase

of alcohol by pharmacists, physicians, dentists, veterinarians, wholesale druggists or manufacturing plants where the alcohol is used in

scientific work, for the manufacture of pharmaceutical products, or for use in the manufacture or compounding of preparations unfit for

beverage purposes.

---(e) The Commissioner shall make and publish such rules and regulations with respect to the collection and payment of the taxes imposed

by this section as it deems proper, and all such rules and regulations that are not inconsistent with the provisions of this title shall have the

force and effect of law.

---(f) For the months of August 2019 and July 2020, all persons required to be licensed under this title as an importer shall be entitled to a

nonrefundable credit against the tax on alcoholic beverages imposed pursuant to subsection (a) of this section in an amount equal to

/2 of

the tax previously paid on such importer’s alcoholic liquor floor stock or inventory resting in the State on July 31, 2019, as reported in

accordance with commission rules. Any amounts of credit not used by virtue of the preceding sentence may be carried forward and used

against future tax imposed by this section. A person required to be licensed under this title as an importer shall not be entitled to the credit

permitted pursuant to this subsection if such person fails to report such person’s alcoholic liquor floor stock or inventory resting in the State

on July 31, 2019, on a timely-filed report.

(38 Del. Laws, c. 18, § 16; Code 1935, § 6145; 43 Del. Laws, c. 274, § 1; 4 Del. C. 1953, § 581; 49 Del. Laws, c. 342, § 13; 53 Del.

Laws, c. 106; 57 Del. Laws, c. 136, § 30; 57 Del. Laws, c. 741, § 27C; 58 Del. Laws, c. 294, §§ 1, 2; 58 Del. Laws, c. 584, § 1; 62 Del.

Laws, c. 113, § 1; 67 Del. Laws, c. 258, § 1; 68 Del. Laws, c. 107, §§ 3, 4; 70 Del. Laws, c. 488, §§ 1, 2, 5; 70 Del. Laws, c. 559, §§ 5,

6; 71 Del. Laws, c. 211, § 5; 72 Del. Laws, c. 486, § 9; 78 Del. Laws, c. 251, § 3; 81 Del. Laws, c. 54, § 1; 82 Del. Laws, c. 68, § 1; 83

Del. Laws, c. 36, § 4.)

§ 582 Refund of tax paid by importers or wholesalers on beer sold to instrumentalities of the armed forces of

the United States.

---(a) Any tax paid by an importer or wholesaler to the Department of Finance, pursuant to § 581 of this title, on alcoholic liquors that are

sold by such importer or wholesaler to an instrumentality of the armed forces of the United States shall be refunded to such importer or

wholesaler by the Department of Finance.

---(b) Any importer or wholesaler entitled to a refund of tax under this section may, instead of filing a claim for refund, take credit therefor

against taxes imposed by § 581 of this title and due upon alcoholic liquor subsequently purchased by such importer or wholesaler.

---(c) The Commissioner may make and publish rules and regulations with respect to refunds and credits allowed by this section, and such

rules and regulations as are not inconsistent with this title shall have the force and effect of law.

(60 Del. Laws, c. 322, § 1; 72 Del. Laws, c. 374, § 1; 72 Del. Laws, c. 486, § 9.)

§ 583 Administration of taxes.

---Except to the extent inconsistent with specific provisions of this title, the provisions of Chapter 5 of Title 30 shall govern the assessment,

collection, review and appeal of deficiencies of tax imposed by this title, and any interest and penalties thereon, and claims for refund of

Title 4 - Alcoholic Liquors and Marijuana

Page 33

overpayment of taxes imposed by this title.

(68 Del. Laws, c. 187, § 23.)

§ 584 State fees in lieu of county and municipal fees; preemption provision.

---The fees, charges and taxes imposed by the State under this title shall be in lieu of all county and municipal license fees and taxes upon

the business of manufacturing, supplying, distributing and selling alcoholic liquor as such. Provided, however, general occupational license

fees and general taxes imposed uniformly on everyone within the class shall not be preempted.

---For purposes of this section, “class” shall not be defined by general or specific reference to manufacturing, supplying, distributing, or

selling alcoholic liquor.

(74 Del. Laws, c. 312, § 1.)

Title 4 - Alcoholic Liquors and Marijuana

Page 34

Chap. 7 - REGULATORY PROVISIONS

Chapter 7

REGULATORY PROVISIONS

§ 701 Persons authorized to make sale and delivery of alcoholic liquors.

---(a) No sale and delivery of alcoholic liquor shall be made in this State unless by a manufacturer or other person who holds a license of

the Commissioner to sell and deliver alcoholic liquor and unless the sale and delivery is made to a person who is authorized to receive

alcoholic liquor under Chapter 5 of this title.

---(b) No common carrier shall be held responsible for the delivery of alcoholic liquor forbidden by this section.

---(c) The Commissioner shall permit the holders of a license under §§ 531-533 of this title to receive or pick up beer in the barrel or keg

directly from a manufacturer, importer or any other person authorized by this title to sell and deliver alcoholic liquor, notwithstanding any

provisions of this title to the contrary.

---(d) The Commissioner may permit an off-site caterer to transport alcoholic liquor in accordance with the Commissioner’s rules.

(38 Del. Laws, c. 18, § 16; Code 1935, § 6145; 4 Del. C. 1953, § 701; 57 Del. Laws, c. 419; 67 Del. Laws, c. 109, § 18; 72 Del. Laws, c.

486, § 11; 73 Del. Laws, c. 393, § 4.)

§ 702 Delivery of alcohol or spirits by manufacturer or importer.

---The Commissioner may issue a written order signed by the Commissioner authorizing a manufacturer or importer to deliver alcohol or

spirits in specified quantity to a person who holds a license to sell such alcohol or spirits, but not more than 1 delivery shall be specified or

made on the same order.

(38 Del. Laws, c. 18, § 16; Code 1935, § 6145; 4 Del. C. 1953, § 707; 67 Del. Laws, c. 109, § 19; 72 Del. Laws, c. 486, § 11.)

§ 703 Sale and delivery of wine or beer by manufacturer or importer.

---No manufacturer or importer shall sell, ship, transport or deliver wine or beer within this State to any person unless in accordance with

the published regulations of the Commissioner and unless a statement of the date, amount and description of the transaction be mailed to

the Commissioner.

(38 Del. Laws, c. 18, § 16; Code 1935, § 6145; 4 Del. C. 1953, § 708; 67 Del. Laws, c. 109, §§ 19, 20; 72 Del. Laws, c. 486, § 11.)

§ 704 Commissioner regulation of wine or beer sales.

---The Commissioner may make a regulation authorizing a manufacturer or importer to sell, transport or deliver wine or beer within this

State to any person or class of persons authorized under this title to receive wine or beer.

(38 Del. Laws, c. 18, § 16; Code 1935, § 6145; 4 Del. C. 1953, § 709; 67 Del. Laws, c. 109, § 19; 72 Del. Laws, c. 486, § 11.)

§ 705 Containers for sale and delivery of beer for consumption off premises.

---No sale and delivery of beer, for consumption off the premises where sold, shall be made in open containers, but sales or delivery may

be made in bottles, half bottles, barrels, half barrels or quarter barrels, if such containers are securely corked, capped, stopped or plugged at

the time delivery thereof is made.

(38 Del. Laws, c. 18, § 16; Code 1935, § 6145; 4 Del. C. 1953, § 710; 67 Del. Laws, c. 109, § 19.)

§ 706 Sale or service of alcoholic liquors to intoxicated person.

---Any licensee, or employee of a licensee, or person in charge of a licensed premises shall refuse to sell or serve alcoholic liquors to any

individual if such individual is intoxicated or appears to be intoxicated. Such licensee, employee of a licensee or person in charge of the

licensed premises shall not be liable to any individual for damages claimed to arise from the refusal to sell alcoholic liquors if such refusal

is based upon this section.

(38 Del. Laws, c. 18, § 17; Code 1935, § 6146; 4 Del. C. 1953, § 711; 52 Del. Laws, c. 181; 59 Del. Laws, c. 107, § 53; 67 Del. Laws, c.

109, § 19.)

§ 707 Home manufacture of beer or wine for personal consumption.

---(a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of

beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for

the personal consumption only of the homeowner(s), their families or their guests; provided however, that such beer or wine shall not be

offered for sale.

---(b) Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control

Act.

---(c) Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and

in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions.

---(d) Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not “home-manufactured beer or

wine” for purposes of this section, and all Commissioner regulations and tax requirements concerning home-manufactured beer or wine

shall not apply to concentrated alcoholic beverages.

Title 4 - Alcoholic Liquors and Marijuana

Page 35

(4 Del. C. 1953, § 712; 59 Del. Laws, c. 107, § 54; 65 Del. Laws, c. 50, § 4; 67 Del. Laws, c. 109, § 19; 71 Del. Laws, c. 315, § 2; 72

Del. Laws, c. 486, § 11.)

§ 708 Prohibition of sales to certain persons.

---(a) No person or licensee shall sell any alcoholic liquor to any:

---(1) Individual who has not reached the age of 21 years, except that in any prosecution for an offense under this paragraph it shall be

an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a

photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to

believe such individual was 21 years of age or older;

---(2) Person to whom such sale is prohibited;

---(3) Individual who habitually drinks alcoholic liquor to excess, or to whom the Commissioner and/or Division has, after investigation,

decided to prohibit the sale of such liquor because of an appeal to the Commissioner and/or Division by the husband, wife, father,

mother, brother, sister, employer or other person depending upon, employing or in charge of such individual, or by the mayor or other

competent representative of any city, town, or other incorporated place; the interdiction in such case shall last until removed by the

Commissioner and/or Division.

---(b) No sale made to any person mentioned in this section, other than an individual who has not reached the age of 21 years, shall

constitute a misdemeanor unless the Commissioner and/or Division has informed the seller, by registered letter, that it is forbidden to sell

to such person or unless the fact is otherwise known to the seller.

(38 Del. Laws, c. 18, § 34; Code 1935, § 6163; 41 Del. Laws, c. 249, § 1; 4 Del. C. 1953, § 715; 49 Del. Laws, c. 57, § 1; 58 Del. Laws,

c. 511, § 1; 59 Del. Laws, c. 107, § 55; 61 Del. Laws, c. 493, § 2; 64 Del. Laws, c. 216, §§ 1, 2; 67 Del. Laws, c. 109, § 19; 70 Del.

Laws, c. 186, § 1; 72 Del. Laws, c. 486, § 10; 75 Del. Laws, c. 255, § 1; 78 Del. Laws, c. 179, § 2; 80 Del. Laws, c. 61, § 1.)

§ 709 Prohibition of sales and delivery at certain times [Effective until meeting the contingency in 82 Del.

Laws, c. 193, § 5].

---(a) No entity licensed pursuant to § 501 of this title or importer shall sell or deliver alcoholic liquor on Sundays, Thanksgiving, Easter or

Christmas or at hours other than those prescribed by the rules or regulations of the Commissioner, except as subsection (f) of this section

may apply. An importer may receive and process orders on any day, including Sundays and holidays.

---(b) No holder of a license for the sale of alcoholic liquors for off-premises consumption shall sell or deliver the same on Thanksgiving,

Easter or Christmas or between the hours of 1:00 a.m. and 9:00 a.m. on Mondays through Saturdays, except as subsection (f) of this section

may apply, and on Sundays before 10:00 a.m. or after 8:00 p.m. Any municipality with a population of 50,000 or more may limit sales

within the boundaries of the municipality pursuant to this subsection to a maximum of 4 hours on Sundays as established by ordinance of

the municipality. The closing hours for days of the week other than Sunday may be made earlier in any municipality having a population of

50,000 or more persons, by ordinance of the municipal corporation; provided however, that such ordinance be consistent with the Delaware

state and federal constitutions as well as treat all businesses fairly. During the months of October through December a holder of a license

for the sale of alcoholic liquor for off-premises consumption shall be permitted to have sales take place beginning at 8:00 a.m. on Fridays

through Saturdays.

---(c) No holder of a license for the sale of alcoholic liquor for on-premises consumption shall sell the same between the hours of 1:00 a.m.

and 8:00 a.m. The closing hour may be made earlier in any municipality by ordinance of the municipal corporation. The sale of alcoholic

liquors by a licensee for consumption on the premises where sold shall be permitted on every day of the year; provided, that no licensee

shall be required to be open to sell alcoholic liquors on Sundays, Thanksgiving, Easter or Christmas.

---(d) Any holder of a license to sell alcoholic liquor, for either on-premises consumption or off-premises consumption, who wishes to sell

alcoholic liquors on Sundays, except a gathering license, shall pay a biennial license fee of $500 for the issuance of a special license to

serve alcoholic liquors on Sundays, which shall be in addition to any other license fees which may be required of the licensee. If a licensee

holds a license to sell for on-premises consumption and off-premises consumption it shall only be required to purchase 1 special license if

it wishes to serve alcoholic liquors on Sunday.

---(e) In the municipalities and other political subdivisions of this State where daylight saving time is observed, whether authorized by law

or by custom, daylight saving time shall apply to the hours mentioned in this section for the period during which daylight saving time

exists.

---(f) Importers or holders of a license for the sale of spirits, wines or beer may deliver beer on Sundays in motor vehicles equipped with

permanently-installed devices for the refrigeration and dispensing of beer to licensed gatherings only; provided, however, that such licensee

shall have first given notice of such delivery to the Commissioner.

---(g), (h) [Repealed.]

(38 Del. Laws, c. 18, § 33; Code 1935, § 6162; 42 Del. Laws, c. 194, § 1; 43 Del. Laws, c. 277, § 1; 45 Del. Laws, c. 260, § 1; 45 Del.

Laws, c. 265, § 1; 4 Del. C. 1953, § 717; 55 Del. Laws, c. 311, § 1; 56 Del. Laws, c. 265, § 1; 57 Del. Laws, c. 352, §§ 1, 2; 58 Del.

Laws, c. 146, § 1; 59 Del. Laws, c. 107, §§ 57, 58; 59 Del. Laws, c. 115, § 1; 60 Del. Laws, c. 466, §§ 7, 8; 62 Del. Laws, c. 381, §§ 1-3;

65 Del. Laws, c. 156, § 1; 67 Del. Laws, c. 109, §§ 19, 21; 68 Del. Laws, c. 107, § 5; 69 Del. Laws, c. 6, § 5; 69 Del. Laws, c. 384, §§ 1,

2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 248, § 1; 71 Del. Laws, c. 109, § 1; 72 Del. Laws, c. 486, § 11; 73 Del. Laws, c. 244, § 10;

74 Del. Laws, c. 29, § 1; 74 Del. Laws, c. 141, §§ 1-3; 74 Del. Laws, c. 146, § 1; 74 Del. Laws, c. 202, § 1; 74 Del. Laws, c. 259, §§ 1,

2; 76 Del. Laws, c. 237, §§ 1-3; 77 Del. Laws, c. 72, § 3; 80 Del. Laws, c. 62, § 1; 80 Del. Laws, c. 382, § 1; 81 Del. Laws, c. 62, § 1; 83

Del. Laws, c. 108, § 1; 84 Del. Laws, c. 241, § 1; 82 Del. Laws, c. 193, §§ 3, 5.)

Title 4 - Alcoholic Liquors and Marijuana

Page 36

§ 709 Prohibition of sales and delivery at certain times [Effective upon meeting the contingency in 82 Del.