Rules & Laws

THE DABC RULES POSTED ON OUR WEBSITE ARE FOR GENERAL REFERENCE ONLY We go to great lengths to ensure that the rules posted here are free of errors, omissions and are the most current. The State of Delaware, Department of Public Safety, Division of Alcoholic Beverage Control, the DABC Webmaster and the facility hosting this site, assume no responsibility for any typographical errors, accidental omissions or rule amendments not presented by our website. An official copy of the DABC Rules may be downloaded from this web site or obtained from our Wilmington office.
RULE # 11
SUBJECT:   A RULE PROVIDING SPECIFICATIONS FOR STORES AND OFF-PREMISES Before issuance of a license or renewal of license to sell alcoholic liquors in a store, the premises must be approved as to conditions by the Commissioner through an inspection by the Enforcement Division or other employees of the Commissioner staff. 1.  All parts of the premises must be kept clean. Cellars, basements and yards must be neat and free of rubbish. 2.  If other parts of a building in which a store is located are occupied as living quarters, there shall be no doors communicating with the store unless authorized in writing by the Commissioner. 3.  All parts of the rooms where alcoholic liquor is sold shall be visible from the street unless a variance is granted by the Commissioner in writing. 4. An accurate clock shall be installed in the store. The dial and numbers thereon shall be of such as to be plainly visible to everyone in the store and properly located with sufficient illumination to accomplish the purpose of keeping all customers and employees informed as to the correct time. 5. Alcoholic liquors must be neatly arranged and properly marked as to price. 6.  Adequate secure storage must be provided for stock. Empty containers shall not be stored outside the licensed premises during closed hours. 7.  Internal passages of shopping centers available to the public shall be deemed to be streets within the meaning of this rule. 8. The standard hours of operation must be 9:00 A.M. to 1:00 A.M. unless a variance is granted by the Commissioner in writing. 9.  The approved hours and days of operation must be posted in a conspicuous place in order that all customers may be properly informed. 10.  An up-to-date copy of the rules of the Commissioner and Liquor Control Act must be on the premises at all times. 11. A decal, purchased through the Commissioner, stating the legal drinking age in the state must be conspicuously displayed at each entrance to the premises. The term conspicuous, for the purpose of this rule, means that advertisements and all other postings of any type (with the exception of the warning to pregnant woman of the risk of birth defects form the consumption of alcoholic beverages, Rule 11 paragraph 12, and posting of the hours of business Rule 11, paragraph 9) may not be displaced within two feet of the decal stating the legal drinking age. 12.  A decal, purchased through the Commissioner, warning pregnant women of the risk of birth defects from the consumption of alcoholic beverages must be conspicuously- displayed at each entrance to the premises. The term conspicuous, for the purpose of this rule, means that advertisements and all other posting of any type (with the exception of the legal drinking age notice, Rule 11 paragraph11, and the posting of business hours, Rule 11, paragraph 9) may not to displayed within two feet of the decal warning pregnant women of the risk of birth defects from the consumption of alcoholic beverages. 13.  The effective date of this Rule shall be January 1, 1990.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 11.1
SUBJECT: SPIRITS, WINE, AND BEER TASTINGS 1.  Authority This Rule implements the grant of authority to the Commissioner contained in 4 Del. C., §§ 525 and 554(ee), to issue licenses and collect licensing fees with respect to spirits, wine, and beer tasting. 2.  Applicability The Commissioner may grant a spirits, wine, and beer tasting license to any person holding a retailer license as defined by 4 Del. C., §101(34) for a biennial fee of $100.. 3.  Application Process 3.1.  Retailer licensees may apply in writing to the Commissioner for a license to conduct spirits, wine, and beer tasting on their licensed premises. 3.2.  Two copies of the establishment's floor plan must accompany the licensee's letter of request. The floor plans must clearly indicate the area to be used for tasting events and shall be submitted on size 8 1/2 x 11 inch paper. 4. License Restrictions 4.1.  Pursuant to 4 Del., C., §525, spirits, wine, and beer tasting licenses may only be granted to the holder of retailer's license. 4.2.  No licensee shall conduct spirits, wine, and beer tastings without a license from the Commissioner. 4.3. Spirits, wine, and beer tasting may only take place in a separate portion of a licensee's premises approved by the Commissioner where alcoholic beverages are not sold. 4.3.1.  The separate portion of the premises shall be an area designated by the Commissioner for spirits, wine, and beer tasting. 4.4.  No licensee may charge for the alcoholic beverages offered for tasting or for the services involved. 4.5.  The quantity of any individual spirit, wine, and beer sampled shall not exceed one (1) ounce per person for wine and beer or one-half (1/2) ounce per person for spirits. 4.6.  Spirits offered for tasting must be 80 proof or less and beer must be a new product-line in the marketplace less than 1 year. 5.  Any licensee who violates the provisions of this rule shall be subject to the sanctions and penalties as provided by the Liquor Control Act and Rules of the Commissioner. 6.  Severability If any provision of this rule is declared invalid the remaining portions of the rule shall remain valid and effective. 7.  Effective Date: APPROVED AND EFFECTIVE this 20th day of March, 1997.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 12
SUBJECT:  STATE OF EMERGENCY Whenever, pursuant to the Constitution and laws of the State of Delaware, the Governor or Acting Governor of this State shall declare a state of emergency, call out the organized militia or any portion or individual thereof to execute or insure obedience to law, or declare a state of martial law, in this State, or any section thereof, all licensees licensed under the Liquor Control Act of the State of Delaware and the Rules of this Commissioner, shall upon notice from the Commissioner, announced publicly or delivered personally, be required to suspend further business under the licenses issued by the Commissioner until such time as the Commissioner shall determine and so inform said licensees that the proclamation of emergency or crisis as issued by the Governor or Acting Governor has been terminated, provided that the Commissioner shall specify the geographical limit in this State or any section thereof within which area said licensee shall be suspended. EFFECTIVE: August 20, 1970
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 13
SUBJECT:  LABELING, STANDARDS OF IDENTITY AND STANDARDS OF FILL OF ALCOHOLIC LIQUORS a. Purpose and Scope. This rule is intended to reduce obstacles to commerce in alcoholic liquors by adopting, to the extent possible under the Liquor Control Act, 4 Del. Code, federal laws and regulations relating to labeling, standards of identity, and standards of fill of alcoholic liquors. This rule applies to all alcoholic liquors manufactured, bottled, packaged, sold, imported, received, and stored for resale in the State of Delaware. b. Labeling. It shall be unlawful for any person to manufacture, bottle, package, sell, import, receive, or store for resale in this State alcoholic liquors, unless such liquors are labeled in conformity with federal laws and regulations applicable to such alcoholic liquors. It shall not be necessary for a manufacturer or supplier to file with the Commissioner evidence of label approval by an agency of the United States, except upon written request by the Commissioner. c. Standards of Identity. It shall be unlawful for any person to manufacture, bottle, package, sell, import, receive, or store for resale in this State alcoholic liquors, unless such liquors conform to the standards of identity provided by federal laws and regulations applicable to such alcoholic liquors. d. Standards of Fill. (1) It shall be unlawful for any person to manufacture, bottle, package, sell, import, receive, or possess for resale in this State alcoholic liquors, unless such liquors are bottled and packed in primary containers and cartons or cases of primary containers in conformity with federal laws and regulations applicable to such alcoholic liquors. (2) Beer and malt beverages not required by federal law to be in metric primary containers may be manufactured, bottled, packaged, sold, imported, received, and stored for resale in any size primary container usual and customary to the brewing industry. e. Effective date; Repeal of Former Rule. This rule is effective on March 27, 1982. Rule 13, effective February 2, 1967, is repealed. APPROVED: February 25, 1982
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 14
SUBJECT:  A RULE GOVERNING ALCOHOLIC LIQUORS RETURNED TO THE MANUFACTURER BY THE IMPORTER Spirits and wine upon which a tax has already been paid and beer which has been delivered to the importer and which are in the stock of a retail dealer or of an importer, may be returned to the manufacturer of the merchandise in question, through the importer who originally brought the merchandise into the state. The tax paid upon or recorded on this will be credited to the account of the importer if the provisions hereinafter noted are complied with. The merchandise so returned must be replaced at the time of its return by goods of the same brand, from the same manufacturer, and in the same size containers as the merchandise that is being returned, unless the same brand and same size containers are no longer stocked by the importer. In such instance, the merchandise may be returned by the importer placing with the request for return an order to the same manufacturer covering at least equal gallonage for what is being returned. The importer desiring to make such replacement shall notify the Commissioner explaining in detail what he desires to do and an inspector of the Commissioner will arrange with him to supervise the replacement. Upon the certification of the inspector that the old merchandise has been shipped to the manufacturer and the replacement has been made, a credit of the tax on the returned goods will be applied to the account of the importer and he in turn will make such adjustment between himself and the retailers as may seem proper to them. Replacements will necessarily be subject to the same tax as is ordinarily collected. EFFECTIVE:     February 1, 1960
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 15
SUBJECT:  A RULE T0 REGULATE THE USE OF SAMPLES FOR TASTING AND SAMPLES NOT FOR TASTING A.    Samples for Tasting 1.   Whenever it is necessary or desirable to procure samples of alcoholic liquor for tasting purposes prior to the issuance of an order for the goods, an importer may do so by sending a letter to the Commissioner in triplicate, stating what he desires to procure, the total quantity and the size of the separate samples. This notification should consist of an original and two carbons. The original will be retained in the office of the Commissioner, one of the carbons returned to the importer approved, and the other carbon will be used by the inspector in clearing the shipment. 2.    The shipments approved should have the proper sticker attached to them and upon arrival in Delaware, will be marked "Tax Free" and cleared, by, the Commissioner's inspector. The tax free sample must not be greater in quantity than one case (3 gal.) of spirits or three cases (3 gal.) of wine or ten (2.25 gal.) of beer, in immediate containers of 6 oz. or larger capacity. The goods may be all of one kind and size or assorted, and must be an introductory shipment of kind not previously and commonly merchandised in Delaware 3.    Whenever it is desirable for an importer to use samples in introducing a brand of alcoholic liquor to the retail trade, such samples may not be used after the expiration of 30 days from the date on which such brand was first offered for sale in the State of Delaware, except when a brand would change from a blend to a straight, or vice versa. When a change takes place as described in the above exception, sampling may, take place for a period of 30 days after the changed product has been offered for sale in this State. 4.    Each sample shall have distinctly printed or stamped across the label thereof or on a sticker permanently affixed to the container adjacent to the label the following legend: "SAMPLE FOR TASTING -- NOT FOF RESALE" in black letters at least one-half inch in height on a white or light yellow background. 5.    All seals on such bottles must be broken prior to bottle leaving importer's warehouse, provided, however, that this shall not require the breaking of seals upon or the puncturing or opening of container of beer before these are taken from such warehouse. No bottle or partial bottle is to be left with any retail licensee, his employee, or any individual, and must remain in the possession of the representative of the manufacturer or importer; provided, however, in regards to beer a single bottle or can thereof containing not more than 12 fluid ounces may be left with a licensee. 6.    Paragraphs 4 and 5 above shall apply to all samples, regardless of whether or not tax has been paid. . B.    Samples Not For Tasting 1.    Whenever it is desirable for an importer to show to retail licensees the type of packaging or the type of containers of alcoholic liquors being offered for sale by the importer, the importer's salesman shall be permitted to have in his possession and show to retail licensees containers of alcoholic liquors which are unopened aid have no broken seals if such containers are set forth on an invoice marked "Transport" which the importer has issued to the salesman and which the salesman has on his person at the time. The original and all copies of the invoice, except for the copy in the possession of the salesman, shall be voided on the date of issuance. The original of the invoice shall be retained by the importer, and the Commissioner's customary copy shall be forwarded to the Commissioner in the same manner as other invoices. The copy of the invoice delivered to the salesman shall be returned to the importer within two weeds after its date of issuance, whereupon the importer shall void that copy and retain it. The alcoholic liquors described in the invoice hall not be charged out of the importer's inventory and shall be physically returned to the importer's inventory at the time the salesman's copy of the invoice is returned to the importer. 2.    It shall be the responsibility of the importer that all the alcoholic liquors described in the invoice, while said alcoholic liquors are not physically in the importer's inventory, shall at all times be in the possession of the person, authorized by the importer, who has physical possession of the salesman's copy of the invoice. EFFECTIVE:    January 6, 1971
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 16
SUBJECT: A REGULATION CONCERNING THE SOLICITATION OF ORDERS FOR ALCOHOLIC LIQUORS IN THE STATE OF DELAWARE, THE TRANSPORTATION OF SAMPLES, AND STANDARDS PROVIDING FOR THE ISSUANCE OF PERMITS IN CONNECTION THEREWITH. Orders for the sale of alcoholic liquors may be taken and samples thereof may be transported only by an agent, sales representative, or other person sponsored by a manufacturer, importer, or distributor licensed by the Commissioner. No person shall solicit orders for alcoholic liquors or transport samples thereof unless such person has in his possession a permit issued to him by the Commissioner. Such permit shall be issued by the Commissioner: (1) upon the request of any licensed manufacturer, importer or distributor; and (2) upon proof that the person to be licensed is employed or sponsored by said manufacturer, importer, or distributor; and (3) upon approval by the Commissioner of the character of the applicant applying but not restricted to Section 543 (b) (3-9) of the Liquor Control Act, and the reputation of the applicants for honesty and legal behavior; and (4) upon receipt by the Commissioner of an affidavit in the following form executed by the person to be licensed: STATE OF: )               ) SS. COUNTY OF: ) I, the undersigned, having been first duly sworn according to law, depose and say as follows: (1) I desire to secure a license from the Delaware Alcoholic Beverage Control Commissioner under the provisions of Rule 16, As Amended, and I make this affidavit for that purpose. (2) I am employed or sponsored by (3) I am familiar with the laws and Commissioner rules governing the sale and distribution of alcoholic liquors in the State of Delaware, particularly those pertaining to the method of handling samples, prohibiting the offering of inducements in any form, prohibiting tie-in sales, and those concerning credit regulations. (4) I will not in anyway violate such laws or rules. (5) I (have-have not) been convicted of a felony a sex offense, a gambling offense, or a law concerning alcoholic beverages. (If answer is in affirmative, attach arrest record.)     ___________________________________     (Signature of Applicant) SWORN TO AND SUBSCRIBED before me this _________ day of ___________20_____     ___________________________________     (Notary Public) A license issued by the Commissioner shall be signed, by the person to whom it is issued. Each license shall be valid, unless revoked by the Commissioner, as long as the license holder remains sponsored or employed by the licensed manufacturer, importer, or distributor. A license may be refused or revoked for cause as set forth above by the Commissioner at any time after a hearing and due notice to the salesman. The salesman shall have the right to be represented by counsel, subpoena witnesses in his behalf, and otherwise offer a defense. The refusal or revocation by the Commissioner shall be in writing and shall state the grounds and reasons therefore. Any person holding a license shall surrender the same to the Commissioner forthwith upon the termination of his employment or sponsorship by a manufacturer, importer, or distributor. The employer or sponsor shall notify the Commissioner within two days after termination of the employment or sponsorship of any person holding a license under this rule, or of the arrest of such person for a felony, sex offense, gambling offense, or law concerning alcoholic beverages. EFFECTIVE:    March 1, 1968
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 17
SUBJECT:  A RULE SHOWING METHOD TO BE FOLLOWED WHEN ORDERING ALCOHOLIC LIQUOR THROUGH THE COMMISSIONER WHENEVER IT IS FOUND IMPRACTICAL TO DO SO THROUGH THE REGULARLY LICENSED IMPORTERS AND FIXING THE CHARGE TO BE MADE FOR SUCH SERVICE REPEALED EFFECTIVE:    May 1, 1986
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 18
SUBJECT: A RULE REGULATING CLUBS AND MULTIPLE ACTIVITY CLUBS A.    CLUBS "The word '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."    Every 'club' as above defined, shall have been in continuous existence, with at least 25 bona fide members in good standing, and with duly qualified and acting officers and governing board, for a period of at least six months prior to the making of an application for a license under the Liquor Control Act. This club status, in its entirety shall remain so long as it has a license to sell alcoholic liquor.     At the time of the making of an application for a license under the Liquor Control Act, and at all times after the granting of a license, upon demand of the Commissioner, such 'club' shall produce at the office of the Commissioner, the original or a properly authenticated copy of its charter or articles of association, its minute books, membership and financial records, covering the full-period of its licensed existence.    Said charter, articles of association, minutes mad financial records will show that all profit from the sale of alcoholic beverages is controlled by the membership, and its properly elected officers, and used for the authorized objects of the club.     At the time of the making of an application for a license to sell alcoholic liquors and at any time after the granting of a license, upon demand of the Commissioner, such club shall furnish the Commissioner forthwith with a statement, signed by its President or Vice-President and notarized, setting forth the reason for organization of the club and the activities in detail carried on by the club. No club licensed under the Delaware Liquor Control Act shall have or maintain any "peephole", "bell", "buzzer", or other warning device at any entrance to the club premises; and immediate access to all parts of the premises of the club shall at all times be accorded to the authorized representatives of the Commissioner, including all qualified police officers in the State of Delaware, when accompanied by an Inspector of the Commissioner, all of whom shall be permitted to enter immediately and given immediate access to all parts of the premises of a club without a search warrant.     The licensed club shall maintain only such locked doors or other safeguards as are necessary to prohibit unauthorized persons from entering the premises.     A series of locked doors is not permitted without special permission in writing from the Commissioner and the door or doors used are to be of the kind normally used in the entrances of homes, stores, or other commercial establishments.    A club is prohibited from maintaining blacked-out windows, provided that this regulation shall not prohibit the use of ordinary curtains, drapes or blinds for decorative purposes.     No person under the age of twenty years shall be permitted upon the premises of a licensed club, subject, however, to the following exceptions: 1.    Where a club is also licensed as a multiple activity club; 2.    Where a licensed club maintains a junior class of membership or maintains a restaurant or dining facilities, authorized by the Commissioner, and where meals are regularly served to members and guests, such junior members, and guests of members, regardless of age, may be permitted upon the club premises excepting that part thereof where alcoholic liquor is sold, served or dispensed as the primary activity; 3.    Where a licensed club has a mixed membership, consisting of members of both sexes, any child or children of a member of a guest of a child of a member in the presence of said child may be permitted upon the club premises when accompanied by his or her adult parent member. Children of members shall not be permitted on any portion of the club premises where alcoholic beverages are sold or otherwise dispensed as the sole activity; 4.    Where a licensed club has been granted permission in writing by the Commissioner to entertain minors onto premises for special occasions following a written request to the Commissioner from the club outlining the purpose, sponsor, and hours of same. 5.   Where employment of a person sixteen years of age or older has beer authorized by permit issued by the Commissioner as provided in Chapter 9, Section 904(g) of the Liquor Control Act. EFFECTIVE:    February 24, 1977
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 19
SUBJECT: A RULE DEFINING THE WORDS HOTEL, MOTEL, RESTAURANT AND DINNER THEATER EFFECTIVE DATE:    May 1, 1986 This Rule supplements the definition of Hotel and Restaurant contained in the Liquor Control Act. A.    HOTEL "The word 'hotel' means any establishment provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to travelers." Such special space and accommodation shall be interpreted as meaning the availability of ten (10) or more rooms for sleeping purposes for travelers and a dining room having a seating capacity at one time for at least thirty (30) travelers. A hotel shall serve three regular meals each day during the hours of 8:00 A.M. and 10:00 A.M. (Breakfast), 11:00 A.M. and 2:00 P.M. (Lunch), and 5:00 P.M. and 9:00 P.M. (Dinner). There shall be a lobby having at least 150 square feet of floor space, and there shall be separate toilet accommodations for males and females on each sleeping floor. There shall also be adequate and sanitary kitchen and dining room equipment and an approved storage space where alcoholic liquor may be kept. A hotel shall be advertised as such. A State or County license to operate the premises as a hotel shall also be issued and in possession of the applicant prior to the issuance of the license and at all times thereafter during the term of the license. B.    MOTEL "The word 'motel' shall mean the same as the word 'hotel' except that a motel may consist of one or more buildings so long as it otherwise qualifies with the requirements set forth in the above definition of 'hotel'. The provisions of the Liquor Control Act shall likewise apply to applications to sell alcoholic liquor in a motel." C.    HOTEL OR MOTEL APPLICATIONS Subject to the provisions of the Liquor Control Act, the Commissioner may hear and either approve or disapprove an application for a license prior to the construction of the "hotel" or "motel", provided that any approval by the Commissioner of the application shall expressly condition the issuance of the license upon compliance by the applicant within a stated period (which may be extended only by the Commissioner) of the requirements of this rule and any representations made by the applicant to the Commissioner, which the Commissioner may deem appropriate. D.    Restaurant "The word '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 35 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of 'meals'." (1)   A restaurant shall serve at least lunch and dinner five days each week. The lunch hours shall consist of a minimum of three hours, preferably between 11:00 A.M. and 2:00 P.M. and the dinner hours shall consist of a minimum of four hours preferably between 5:00 P.M. and 9:00 P.M. (2)    Food shall be available at all hours that any restaurant is open for the sale of alcoholic liquor. (3)    There shall also be adequate and sanitary kitchen and dining room equipment, and an approved storage space where alcoholic liquor may be kept. (4)    A State or County license to operate the premises as a "restaurant" shall also be issued and in the possession of the applicant prior to the issuance of the license and at all times thereafter during the term of the license. The requirements in the above paragraphs shall apply to restaurants licensed to sell alcoholic liquor on Sunday. However, Sunday shall not be included as one of the five days required by paragraph two. Accordingly, a restaurant with a Sunday sale license shall serve meals on at least six days, including Sunday. E.    RESTAURANT APPLICATION Subject to the provisions of the Liquor Control Act, the Commissioner may hear and either approve or disapprove an application for a license prior to the construction of the "restaurant" provided that any approval by the Commissioner of the application shall expressly condition the issuance of the license upon compliance by the applicant within a stated period (which may be extended only by the Commissioner) of the requirements of this rule and any representations made by the applicant to the Commissioner, which the Commissioner may deem appropriate. F.    MEALS - HOTEL AND RESTAURANT The sale of alcoholic beverages by a hotel or restaurant shall be considered as a supplement to the original purpose of providing food and lodging and furnishing food, respectively. "Meals" shall be considered to seen the normal meals provided at breakfast, lunch and dinner, offered from menus consisting of, but not limited to: breakfast foods, soups, appetizers, entrees, salads, vegetables, dessert's and beverages other than alcoholic. Restaurants licensed to sell "Beer Only" and "Wine Only" shall be required to furnish only two out of the four following accompaniments to meals: appetizers, soups, salads and vegetables. G.    DINNER THEATER The portion of the premises for a dinner theater used for the presenting of public performances featuring live actors in dramatic or musical productions shall not be a part of the premises licensed for the consumption of alcoholic liquor. The dinner theater shall serve at least one meal consisting of, but not limited to, appetizers, entrees, salads, vegetables, desserts and beverages other than alcoholic. There shall also be an adequate and sanitary kitchen and dining equipment with an approved storage space where alcoholic liquor may be kept. The dinner theater licensee shall supply to the Commissioner the hours during which the licensee shall permit consumption of alcoholic beverages on its premises. In no event shall the dinner theater licensee allow consumption of alcoholic liquors on its premises at times other than in conjunction with meals served at the theatrical performances and during intermissions or at any other time which is not permitted by the Delaware Liquor Control Act. The hours of consumption of alcoholic liquors shall first be approved by the Commissioner before the issuance of a license. Persons not of sufficient age to consume alcoholic liquors shall be allowed and permitted to be on the licensed premises of the dinner theater so long as all of the other provisions of the Liquor Control Act and Rules of this Commissioner are being complied with. H.    VARIATIONS The holder of or applicant for a hotel, motel, restaurant or dinner theater license may apply in writing to the Commissioner for a variance in this rule for good cause shown. I.    Effective DATE. This rule shall be effective May 1, 1986.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 19.1
SUBJECT: BOTTLE CLUBS - LICENSING AND OPERATION EFFECTIVE DATE:    June 14, 1990 A.    Purpose and Scope This Rule implements the 1982 and 1989 Amendments to the Liquor Control Act extending the jurisdiction of the Commissioner to so called "bottle clubs." 4 Del. Code, Sec. 515, 515a, 902(7) and 554(aa), 60 Delaware Laws, Chapter 232 (April 30, 1982), 67 Delaware Laws, Chapter 122 (July 14, 1989). It applies to all businesses operated for profit where patrons carry onto the premises alcoholic liquors to be consumed thereon and removed by patrons upon their departure. B.    Statutory Basis l.    4 Del. Code, Sec. 515. Section 515 provides in part that establishments commonly known as "bottle clubs" shall be an exception to the definition of clubs set forth in Section 101(8) of this title. A "bottle club" shall be defined as an establishment operated for profit or pecuniary gain where persons enter upon the premises for purposes of consuming alcoholic liquors which are brought onto the premises by customers of the establishment and are consumed thereon and removed by such persons upon their departure." 2.    4 Del. Code, Sec. 515A. Section 515A. Licenses for establishments commonly known as "bottle clubs" provide: a.    Except as provided in this section, it shall be unlawful to operate for profit or pecuniary gain a "bottle club." 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.   A "bottle club" license authorized by this section shall be granted only to persons doing business in an establishment meeting the standards of a restaurant as defined by this Title. Such license shall permit 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 no alcoholic liquors shall be consumed upon the premises of such establishments. 3.    4 Del. Code, Sec. 902 Section 902. Offenses carrying a penalty of fine of $500 to $1,000 or imprisonment for three to six months on failure to pay fine, provides: "Whoever: (7) not being the holder of a license authorized by Section 515A, operates or maintains an establishment commonly known as a "bottle club", shall, in addition to payment of costs, be fined not less than $500 nor more than $1,000, and, on failure to pay such fine and costs, shall be imprisoned not less than three nor more than six months." 4.    4 Del. Code, Sec. 554 License fees, provide in part: "(aa) for a license as a "bottle club" authorized by Section 515A of this Title, the fee shall be $150.00." C.    Definitions 1.    "Bottle Club" means an establishment operated for profit or pecuniary gain where persons enter upon the premises for the purposes of consuming alcoholic liquors which are brought onto the premises by customers of the establishment and are consumed therein and removed by such persons upon their departure. 2.    The term "operated for profit or pecuniary gain" means a business owned by a sole proprietor, partnership, corporation or other business association where such owner is not exempt from federal or state taxes on income on the profits (or losses) from such business, or the profits (or losses) from such business are for the benefit of an individual partnership, corporation or other business association which is not exempt from federal or state taxes on income. An organization qualified to receive a gathering license under 4 Del. Code, Sec. 514, shall be deemed to be not for profit or pecuniary gain unless the profits or losses from such enterprise are otherwise subject to federal or state tax on income. 3.    The word "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 thirty-five (35) or more persons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of "meals" [4 Del. Code, Sec. 101(33)). In addition, a "restaurant" shall have a valid and current restaurant retailer license required by 30 Del. Code, Sec. 2906. 4.    The word "consume" in any tense, means the preparation, concocting, mixing or ingestion of beverages containing alcoholic liquor on or immediately in conjunction with the premises of an establishment. By way of illustration, and not by limitation, it shall include the practice whereby patrons leave the premises to consume an alcoholic drink in the parking lot, in their cars, or other areas immediately adjacent to the premises, and return to the premises when such is done repeatedly. D.    General Policy No establishment shall be operated for profit or pecuniary gain as a "bottle club" unless licensed by the Commissioner. Licensed "bottle clubs" shall, within the limits of their license, be held to the same standards of performance and financial responsibility as other types of license holders. E.    Licensing 1.    Application for License: Procedure Any person who is the owner or lessee, or who is recognized by the Commissioner as being in charge of a restaurant, may apply to the Commissioner for a license to operate a "bottle club" on the premises of the restaurant. Applications shall be processed in accordance with 4 Del. C., Sec. 541. The application processing fee shall be $500. 4 De1. C., Sec. 554 (X). 2.    Adjudication of Application for License An application for a "bottle club" license may be denied for any of the reasons provided by 4 Del. C., Sections 543 (a) , (b) , (c) , (d) , or (f) . For the purposes of section 543(b)(1), the Commissioner shall consider the number of all on-premises licenses of whatever type or class. Further, the Commissioner will not grant a "bottle club" license when there is another "bottle club" within the distances prescribed by Section 543(d). 3.    Term of License The terms of “bottle club” license shall be as prescribed by Rule 51. 4.    Cancellation or Suspension of License The Commissioner shall be guided by the provisions of 4 Del. C., Section 561. F.    Standards of Operation for "Bottle Club" 1.    Hours of Operation An establishment operated as a "bottle club" shall not permit the consumption of alcoholic beverages on its premises after 2:00 a.m. or before 9:00 a.m. on any day. The presence of alcoholic liquors on the premises of a "bottle club" between the hours of 2:00 a.m. and 9:00 a.m. shall be prima facie evidence of a violation. 2.    Service of General Public A "bottle club" license must serve the public convenience and necessity. A "bottle club" may require membership upon payment of a reasonable fee, but approval of such membership shall not be unreasonably denied. A club shall not charge an admission charge or fee, but may charge a cover or minimum during hours when live entertainment is actually being presented. 3.    Service of Food A reasonable selection of food shall be available from a written menu or menu board at all hours when alcoholic beverages are being consumed. The selection of foods shall include a choice of sandwiches, entrees, and non-alcoholic beverages. 4.    Service of Persons Under 21 Minors may be admitted to the premises of a "bottle club." Minors may not consume alcoholic beverages at any time. It shall be a rebuttable presumption that minors found on the premises or departing there from who are found to have consumed alcoholic liquors or are in possession of alcoholic liquors, consumed or possessed such alcoholic liquors on the premises. 5.    Service of Alcoholic Liquors A "bottle club" may serve food, non-alcoholic beverages, mixers and ice and may charge for such service. "Bottle clubs" may not mix or provide bartender service to patrons, nor may a "bottle club" chill or keep alcoholic liquors for customers. A "bottle club" shall not serve alcoholic liquors. 6.    Presence of Intoxicated Persons on Premises A "bottle club" shall not permit an intoxicated person to remain on its premises. 7.    Gambling shall only be permitted as provided in Delaware Alcoholic Beverage Control Commissioner's Rule 40. 8.   Design and Layout a.  In a "bottle club" there shall be seating at tables for not less than thirty-five persons. Seats at a bar shall not exceed 20% of the total seating capacity of the establishment. b.    The premises shall be maintained in a neat and tidy condition at all times. c.  There shall be separate lavatories for male and female customers. d.    "Bottle clubs" shall be so designed as to have a glass door or window(s) permitting observation of the interior of the establishment from outside thereof. Such windows or doors may be covered by a translucent curtain or drape on the interior of the premises, but such curtains or drapes shall not be so thick as to totally preclude the passage of light. 9.    Financial Records, "Bottle club" shall maintain complete and accurate books and records reflecting: a.   The names and address of members. b.    The names and addresses of all employees including their compensation and tips. c.    Gross receipts from the sale of food, including the number of persons to whom food was served. d.    Any such other records as are required in the normal and ordinary operation of business. e.    Such books and records shall be made available to the Commissioner, its officers and agents, at any time during normal business hours. G.    Penalties l.    General Establishments licensed as "bottle clubs" shall be subject to all laws, rules and regulations applicable to other types of licenses. Where provisions of this rule applicable specifically to "bottle clubs" are more restrictive than rules applicable to other types of license, the former shall prevail. First and second violations of this rule by licensed "bottle clubs" shall be processed pursuant to the provisions of Rule 71 (Voluntary Fine Assessment). Third and subsequent violations will require a hearing before the Commissioner. 2.   Determination of Fines for Third and Subsequent Offenses Section 914 of 4, Del. Code, imposes a limit on fines of 10% of the estimated average gross monthly sales of alcoholic liquors during the twelve (12) months immediately preceding the date of an adjudication of guilty. The following formula shall be used by the Commissioner to estimate constructive sales of alcoholic liquors by a "bottle club". a.    The Commissioner shall determine the sum of members and customers, by taking the gross receipts from admission fees, cover charges and minimum charges, and dividing by the average admission fee, cover charge or minimum charge, yielding the average daily utilization and adding thereto the total number of members. b.   The foregoing sum shall be multiplied by $5.00, yielding the estimated gross receipts from the constructive sale of alcoholic beverages. c.    The estimated gross receipts, above, shall be divided by 12 and the dividend multiplied by 10, the result being the maximum fine. 3.    Suspension of License. In the event the determination of fines is insufficient or is declared unlawful by any court, and the Commissioner is prevented from imposing a fine, the license shall be suspended for a period determined by the Commissioner. This provision shall not, in any event, however, be construed to prevent the Commissioner from imposing a penalty of suspension or cancellation of license when such action is warranted by the facts of the case. H.    Effective Date Approved and effective on June 14, 1990.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 20
SUBJECT: A RULE REGULATING SHIPS CHANDLERS REPEALED EFFECTIVE:    MAY 1, 1986
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act