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Rules
& Laws
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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.
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SUBJECT: A RULE GOVERNING
THE SIGNING OF CHECKS, LICENSES, PERMITS, INVOICES AND
VOUCHERS
All licenses and
permits issued by the Commissioner for the manufacture,
importation, sale, storage, possession, or transportation
of alcoholic liquors, and all permits, invoices, checks
drawn on funds of the Commissioner, payroll and other
vouchers necessary to the transaction of business
by the Commissioner shall be signed as required by
law by the Commissioner, or in the absence of the
Commissioner, by the Deputy Commissioner.
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61 - 77 | Liquor Control Act
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SUBJECT: PROHIBITED TRADE PRACTICES
EFFECTIVE DATE: June 1, 1992
I. Purpose
The Commissioner has concluded that reasonable marketing techniques are acceptable in the liquor industry.
Promotional activities which tend to encourage excessive and/or uncontrollable consumption of liquor resulting in increased risk to consumers and the general public are not acceptable. Activities which impact adversely on open competition within the industry are not acceptable. This rule seeks to prohibit all such acts.
II. Authority
The Delaware Alcoholic Beverage Control Commissioner is authorized pursuant to 4 Del. C., § 304(a)(2), to establish by rules and regulations an effective control of the manufacture, sale, dispensing, distribution, and importation of alcoholic liquor within and into this state. Such rules, however, may not be inconsistent with Title 4 of the Delaware Code or any other law of the State. This rule, therefore, implements and clarifies the grant of authority to the Commissioner contained in 4 Del. C., §304(a)(2), to control the time, place, and manner in which alcoholic liquor shall be sold or dispensed by establishing uniform procedures for the advertising and promotion of alcoholic liquor.
III. Applicability
This rule shall govern the trade practices of all retail licenses, on-premise licenses, importer licenses, and supplier licenses issued by the Delaware Alcoholic Beverage Control Commissioner.
IV. Prohibited Practices
A. Retail Licensees
1. On-Premise License
No establishment licensed to sell alcoholic beverages for
consumption on the premises where sold shall engage in any trade practice which can
reasonably be expected to cause, encourage, or induce a consumer to purchase, receive, or
consume alcoholic beverages in excessive amounts or at an unduly rapid rate and shall include,
but not be limited to, the following:
a. Giving alcoholic beverages in any form, either directly or indirectly,
to any individual, organization, group or other entity.
b. Giving any form of cash (medium of exchange), either directly or indirectly,
to any individual, organization, group, or other entity, except for bona fide contributions to not for
profit entities and provided that such contribution is in no way conditional upon the purchase and/or
consumption of alcoholic beverages.
c. Selling alcoholic beverages at
a price which is less than the seller’s cost.
d. Promoting, sponsoring, conducting,
or participating in any event that is in any way conditional
upon or involves consumption of alcoholic beverages.
e. Offering or selling two (2) or
more drinks for the regular price of one.
f. Extending credit except as provided
in Rule 56.
g. Unlimited consumption of alcoholic
beverages for a set price. However, caterers, as defined
in 4 Del. C., § 101(8), and private
functions in which the host/hostess pay a set price
and which are conducted by invitation on a licensed
premises are excluded from this prohibition.
h. Delivering alcoholic beverages
to any person who is or who appears to be intoxicated.
I. Soliciting or receiving any items
which an importer licensee is prohibited under section
IV-B-1-a or IV-B-1-b from giving to a retailer.
j. Open bars are generally not permitted
pursuant to the provisions of IV-A-1-g above; however,
the Commissioner may grant a variance to this section
provided that the licensee meets the criteria that
follows:
(1) The licensee must submit a written request to the Commissioner
for a variance in this rule for a specific, planned event.
(2) Admission to the event must be by ticket only and include
the place, time, date, and hours of the event.
(3) The request for a variance must be received by the Commissioner
six (6) weeks in advance of the planned event.
(4) Food of adequate variety and quantity must be offered as part
of the package price for a ticket to the event.
(5) Non-alcoholic beverages must be available and offered as
part of the package price of a ticket for the event.
(6) The tickets used for each event must contain a statement that the licensee
retains the right to discontinue service of alcoholic liquor as required by state law and Delaware
Alcoholic Beverage Control Commissioner rules.
(7) All servers of alcoholic liquor and staff at the event must be trained in compliance with the Delaware mandatory server training law.
(8) Adequate staff must be on site to monitor drinking by patrons
and to take action consistent with state law and Commissioner rules.
(9) The approval for an open bar by the Commissioner does
not authorize the unlimited consumption of alcoholic beverages for a set price.
Licensees, therefore, are still required to comply with all other applicable rules and
laws, including the prohibition on serving a patron who is intoxicated or
appears to be intoxicated and to refuse service of alcoholic liquor to underage patrons.
2. Off-Premise License
No establishment licensed to sell alcoholic beverages for consumption not on the
premise where sold shall engage in any trade practice which can reasonably be expected to cause,
encourage, or induce a consumer to purchase, receive, or consume alcoholic beverages in excessive
amounts or at any unduly rapid rate and shall include, but not be limited to, the following:
a. Giving alcoholic beverages in any form, either directly or indirectly, to any individual, organization, group, or
other entity, except that wine tasting on those premises properly licensed for such is permitted in accordance with established regulations.
b.
Selling alcoholic beverages at a price which is less than the seller's cost.
c. Promoting, sponsoring, conducting, or participating in any event in which any gift,
prize, service, or other gratuity is received by any consumer and is in any way conditional upon or
involves consumption of alcoholic beverages.
d. Extending credit except as provided in Rule 56.
e. Delivering alcoholic beverages to any person who is or who appears to be intoxicated.
f. Soliciting or receiving any items which an importer licensee is prohibited under Section
IV-B-1-a or IV-B-1-b from giving to a retailer.
B. Importer Licensees
1. No importer shall engage in any trade practice which can reasonably be expected to injure any
retailer through discriminatory practices, nor shall any importer engage in any trade practices which can reasonably be
expected to cause, encourage, or induce a consumer to purchase, receive, or consume alcoholic beverages in excessive amounts
or at any unduly rapid rate and shall include, but not be limited to, the following:
a. Giving alcoholic beverages in any form, either directly or
indirectly, to any individual, organization, group, or other entity.
b. Giving any form of cash (medium of exchange) either directly or indirectly, to any individual, organization,
etc. except for bona fide contributions to not for profit entities and provided that such contribution is in no way conditional
upon the purchase and/or consumption of alcoholic beverages.
c. Requiring any retailer to take and dispose of a certain quota of any alcoholic beverages.
d. Requiring that a retailer purchase one product in order to purchase another or requiring that
one or more products may be purchased only in combinations with other products.
2. The granting of quantity discounts by wholesalers to retailers shall
not be considered an unfair trade practice provided
that the wholesaler and retailer comply with the provisions of Rule 29.
C. Supplier Licensees
1. No supplier shall engage in any trade practice which can reasonably
be expected to injure any retailer, importer, or other supplier through discriminatory
practices, nor shall any supplier engage in any trade practices which can reasonably be expected
to cause, encourage, or induce a consumer to purchase, receive, or consume alcoholic beverages in excessive amounts or
at an unduly rapid rate and shall include, but not be limited to, the following:
a. Any practice which is not permitted by the Federal Alcohol Administration Act
V. Severability
If any part of this rule is held to be unconstitutional or otherwise contrary to law, then it shall
be severed and the remaining portions shall remain in full force and effect.
VI. Effective Date
The effective date of this rule shall be June 1, 1992.
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SUBJECT: ITEMS AUTHORIZED FOR SALE IN LICENSED RETAIL PACKAGE
STORES
1. The following items may be offered
for sale in package stores as complementary to the
sale of alcoholic beverages: mixers, ice, sodas, cigarettes
in packs sealed by the manufacturer, lottery tickets,
money orders and pre-packaged "snack" food
items which meet the following criteria:
1.1. Sold to consumer in package/container
as received by licensee.
1.2. Food items may not be cooked,
refrigerated or offered as a loose item, unwrapped
or repackaged.
1.3. Dairy items, breads, meats,
cheeses and other food items are excluded to the extent
of limitations described in criterion 1.2, above.
1.4. The sale of insulated single container covers which serve
to keep a beverage at a cool temperature is permitted. The sale of those coolers
which are used to hold foods and/or multiple unit containers of packaged liquid products
is prohibited.
1.5. Area assigned to display of
these items is limited to 20 square feet of floor
space, exclusive of display of ice, mixers and sodas.
2. Variance:
The holder of a license to sell alcoholic beverages in a package store
for off-premises consumption may apply, in writing, to the Commissioner
for a variance in any of the requirements of this Rule for good cause shown,
provided that such variance does not violate any provisions of the Liquor Control Act.
3. Severability:
If any provision of this Rule shall be declared invalid,
the remaining portions of the Rule shall remain valid
and effective.
4. Effective Date:
APPROVED AND EFFECTIVE THIS 20th day of March, 1997.
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SUBJECT: A RULE REQUIRING
PRIOR APPROVAL BY THE COMMISSIONER OF CHANGES IN OWNERSHIP,
OFFICERS, OR DIRECTORS, FINANCIAL INTEREST, OR LEASE
As authorized by
law, the Commissioner may refuse approval of changes
in the ownership, officers or directors, financial
interest, or lease in connection with any license.
For this purpose, no such change shall be implemented
until reported to and approved by the Commissioner
in the following manner:
A. Changes of ownership (no publication
is required)
l. Entire Change:
Whenever the entire ownership of a license of a licensee
is being changed, the following shall be filed with
the Commissioner on behalf of the new owner or owners:
a. An application.
b. A financial statement of the
proposed licensee.
c. Personal financial statements
of all individuals, partners, or stockholders holding
at least 10 percent or more of the corporate stock.
d. Notarized statements in the form
prepared by the Commissioner, Form (A-2) signed by
all individuals who after the change is made, will
have an ownership interest directly or otherwise with
the criminal record of each. However, if the corporation
or club is listed on a stock exchange or traded over
the counter, or is the holder of a multiple activity
club, the criminal history of individual stockholders,
officers or directors shall not be submitted, but
instead an affidavit completed by each giving permission
to the Commissioner to request the criminal history
from the proper police department.
e. Copy of the agreement of terms
of the sale or other exchange of financial interest,
including stock distribution.
f. Deposit of $500 application process
fee [4 Del. Code, Sec. 544(x)].
g. Minutes of meeting establishing
officers and/or directors, copies of stock certificates
and/or any other corporate documentary information
as the Commissioner deems necessary.
h. Certification from the State
Tax Division that all obligations regarding the applicant
are current.
i. Certified copy of certificate
of incorporation, if applying as a corporation, or
proof of partnership agreement explaining interest
and profit/loss distribution.
j. Letter of approval from the licensee
from whom the license is to be transferred.
k. Lease, if the premises is not
owned by the applicant; or copy of deed if applicant
owns the premises.
l. Floor plan containing elevation,
including dimensions of all rooms and seating arrangement
of entire premises.
2. Partial Change.
Whenever only part of the ownership of a license or
licensee is being changed, the following shall be
filed with the Commissioner on behalf of the new owner
or owners.
a. An application.
b. A financial statement of the
licensee as of the time after the change is made.
c. Personal financial statement
of the new applicant or partners.
d. Notarized statements in the form
prepared by the Commissioner (Form A-2) signed by
all individuals who, after the change is made, will
have an ownership interest, directly or otherwise,
including criminal record.
e. Copy of the agreement of terms
of the sale or other exchange of financial interest,
including stock distribution and consideration given.
f. If a corporation or club, a statement
consenting to the change in ownership signed and sealed
by the president and secretary currently approved
by the Commissioner. A partnership shall submit copy
of change in original agreement.
g. Deposit of $500 application process
fee [4 Del. Code, Section 554 (x)], but this 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.
B. Change of ownership of corporation
or club solely through the sale of shares of stock
by stockholders:
When a corporation or club is involved and the change
of ownership is being made solely through the sale
or exchange of the shares of stock by stockholders,
the corporation or club and the stockholders need
not file sub-paragraphs i through m of paragraph A.1.
above except the corporation or club shall file a
statement consenting to the change in ownership signed
and sealed by the president and secretary currently
approved by the Commissioner.
C. Changes in officers and directors
of a corporation or club when sales of corporate stock
are not involved.
Persons elected as officers and directors shall each
submit to the Commissioner, within thirty (30) days
of the election, a notarized statement in the form
prepared by the Commissioner (Form A-2), and the corporation
or club to which they have been elected shall submit
in writing to the Commissioner within seven (7) days
after the election the names, resident addresses,
and offices held of the new officers and directors.
If the Commissioner desires further documentation,
the licensee may be required to furnish such other
records or statements requested by the Commissioner.
Any new officer or director is not qualified to act
as such in matters pertaining to the Rules of this
Commissioner and the Liquor Control Act until approved
by this Commissioner.
D. Changes in Financial Interest.
No persons shall obtain a financial interest of any
kind, other than as owner or stockholder or club member
reported pursuant to this rule, in a license or license
holder without previously submitting full details
to the Commissioner; provided, however, that such
requirement shall not be construed to apply to loans
made to a licensee or a license holder which do not
involve repayment based on the volume of business
or a percentage of profits of the licensee or license
holder.
E. Changes in Lease.
No change shall be made in a lease as to the parties,
as to any of its terms or conditions, or to create
or modify a rental based upon the license holder's
volume of business or profits without first being
submitted to the Commissioner, except that any change
in the amount of rent (when there is no change in
the method of computing rent) need not be submitted
to the Commissioner.
F. Exceptions:
1. The requirements of this Rule
shall not apply to corporations or clubs which are
listed on a recognized stock exchange or have stock
which is traded over-the-counter, unless any such
corporation or club changes all of its stock ownership.
However, all corporations and clubs which are listed
on a recognized stock exchange or have stock which
is traded over-the-counter shall be required to submit
an A-2 form and affidavit as provided in subsection
A.l.d. of this Rule on behalf of the corporate or
club officer responsible for the operation of the
alcoholic beverage service for which the license was
procured. Additionally, a list of all officers and
directors must be submitted at each license renewal.
2. If a corporation or club not
excluded under F.1. of this section changes any class
of its stock ownership by more than 25 percent during
the effective year of the license as a result by the
acquisition of stock by new persons, then all of the
applicable requirements of this Rule shall apply.
However, if a corporation or club, not excluded under
F.1. of this paragraph, changes any class of stock
ownership by 25 percent or less during the effective
year of the license as a result of the acquisition
of stock by new persons, the only requirements are
notification of the stock change, which shall be reported
by the corporation or club in writing to the Commissioner
within seven (7) days after such stock transfer together
with a copy of the terms of the sale or other exchange
of financial interest, including stock distribution
and consideration given, and submission within thirty
(30) days thereafter by each new stockholder of the
notarized statement in the form prepared by the Commissioner
(Form A-2) and copies of the stock certificates.
3. If one or more stockholders of
a corporation or club, not excluded under F.1. of
this section, transfers himself of all or any part
of his stock ownership back to the corporation or
to any of the other Commissioner approved stockholders,
the corporation or club shall notify the Commissioner
of the stock change within seven (7) days and shall
submit a copy of the terms of the agreement of sale
or transfer including stock distribution and consideration
given along with copies of stock certificates.
4. The requirements of this Rule
shall not apply to holders of multiple activity club
licenses. However, all multiple activity clubs shall
be required to submit an A-2 form and accompanying
affidavit as provided in. subsection A.l.d. of the
Rule on behalf of the club officer responsible for
the operation of the alcoholic beverage service for
which the license was procured. Additionally, a list
of all officers and directors must be submitted at
each license renewal.
5. If the license is held by tenants
by the entirety and one spouse dies, the surviving
spouse need not comply with the above provision of
A.2. of this Rule but shall make request to the Commissioner
for change in the license for its issuance to the
survivor and at that time submit a death certificate.
G. Arrests and/or Convictions.
Any arrest and/or conviction of an approved licensee,
member of a club, officer, director or stockholder
must be submitted to the Commissioner within seven
(7) days indicating the date, charge and disposition.
H. Commissioner Approval or Disapproval.
The Commissioner may disapprove for cause as defined,
but not limited to 4 Del. Code, Sec. 543 (a) through
(f) any new individuals, officers, directors, partners,
stockholders, leases, or debts in connection with
a license. All submissions made to the Commissioner
in compliance with this Rule shall be approved or
disapproved in writing mailed to the license holder
or applicant making the submission within sixty (60)
days after they are received by the Commissioner.
I. Severability.
If any provision of this rule shall be declared invalid,
the remaining portions of the Rule shall remain valid
and effective.
J. Effective Date:
Approved and effective on December 18, 1996.
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SUBJECT: A RULE REQUIRING CERTAIN INFORMATION BY PERSONS
DESIRING TO MAKE APPLICATION FOR A LICENSE TO SELL ALCOHOLIC LIQUOR
Any person proposing to make application for a license to sell alcoholic
liquor shall first obtain from and submit to the Commissioner a form requesting such permission together with a certification
from the appropriate governmental authorities that the location and building for which a license will be applied conforms with
zoning ordinances allowing the sale of alcoholic liquor and with building ordinances.
Any
person proposing to make application to sell alcoholic
liquor in a package store located in a 15-acre shopping
center must in addition to the above submission file
a certified copy of an up-to-date plot plan prepared
by a professional land surveyor substantiating the
size of the shopping center. The plot plan must be
filed with the Commissioner within 90 days of its
preparation.
Upon
receipt of these documents, the applicant will be
furnished appropriate application forms along with
advertising and instructions for their completion
and submission to the Commissioner.
EFFECTIVE
DATE: This rule shall be effective May 1, 1985
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SUBJECT: A RULE SHOWING THE METHOD TO BE
FOLLOWED IN THE PURCHASEOF WINE FOR SACRAMENTAL PURPOSES
REPEALED
EFFECTIVE:
May 1, 1986
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RULE
# 6
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A
RULE TO GOVERN THE MANUFACTURE AND STORAGE OF WINE
MADE BY AN INDIVIDUAL FOR CONSUMPTION IN HIS OWN HOME.
REPEALED
EFFECTIVE:
October 4, 1973
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RULE
# 7
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SUBJECT:
A RULE REQUIRING PERSONS BETWEEN THE AGES OF
16 AND 18 TO SECURE A WORK PERMIT TO BE EMPLOYED BY
AN ON-PREMISE LICENSEE .
A.
No licensee shall employ, or allow to be employed
on its licensed premises a person under the age of
twenty-one, except that a hotel, restaurant, club
or boat with authorized dining facilities, race track
licensee, dinner theater, caterer, or bowling alley,
may employ a person under the age of nineteen who
has been issued a valid work permit under this rule
or is employed in a capacity unrelated to the selling,
serving, dispensing or handling of alcoholic liquor
without a permit from the Commissioner, and that the
on-premises as listed above may employ a person nineteen
years of age or older to serve alcoholic liquors to
its patrons without a permit from the Commissioner.
A person employed, or allowed to work in a kitchen,
dining room, or any room where alcoholic liquor is
sold, served, dispensed, or consumed, is employed
in a capacity related to the handling of alcoholic
liquor. The permit shall be available on the premises
of the licensee for inspection at all times during
the employment of the minor.
B. Any person between the ages of
sixteen and eighteen, unless except excepted by the
above provisions of this Rule, who desires to be employed
or allowed to be employed on a licensed premises,
by a licensee, in any capacity on a regular, part
time, or engagement basis, with or without compensation
must first apply and, obtain a work permit from this
Commissioner. Persons sixteen and seventeen years
of age must first meet the requirements of the Department
of Labor and Industrial Relations, and present eligibility
slips and approval of the Department of Labor (these
permits are obtained from the school attended, district
wherein. the person resides or the Department of Labor).
The Commissioner may consider, among other factors,
the following:
1. The applicant's character and
maturity
2. The applicant's prior police
record. No permit shall be issued to a person who
has been convicted of any felony, sex offense, drug
offense, or law concerning alcoholic beverages, since
attaining the age of sixteen, and shall be revoked
upon such conviction.
C. Such permit shall be revoked for
cause at any time; if unrevoked, it shall remain valid
until the person becomes nineteen.
D. These permits issued to persons
between the ages of sixteen and eighteen are for employment
in on-licensed premises as listed in paragraph A,
but will not permit such persons to be involve in
the sale or service of alcoholic beverages. They may
not solicit or take orders, serve or prepare alcoholic
beverages. Said licenses will expire upon attaining
the age of nineteen. On-Premises establishments as
listed in Paragraph A may employ persons nineteen
years of age or older without any permit from the
Commissioner for purposes of soliciting and taking
orders for, and serving alcoholic beverages, but said
person shall not be permitted to engage in the preparation
of alcoholic liquor.
E. Those persons sixteen and seventeen,
if desirous of employment at more than one place of
employ, must present Department of Labor school permit
for each Alcoholic Beverage Control Commissioner permit
issued. Such employees must have as many Department
of Labor and Commissioner permits as places of employment.
The signature of licensee hiring is necessary on each
application, which also must be signed by parent,
guardian, or, at the discretion of the Commissioner,
other reputable person. Permits become void upon termination
of employment at place for which permit was issued.
F. For those persons eighteen, unless
excepted by the above provisions of this rule, after
the first permit, the Commissioner will only require
the signature of licensee where person is to be employed.
G. It is the licensee's responsibility
to verify that the permit is a valid one. Failure
to do so could result in suspension of the license
or fine.
H. All permits will be issued only
upon receipt by the Commissioner of an application
in the form required by the Commissioner, including
an affidavit in the following form executed by the
person seeking the permit:
STATE OF
)
)
SS
COUNTY OF
)
I have been duly sworn, do depose
and say that:
1. I acknowledge that I have read
the requirements of the Delaware Alcoholic Beverage
Control Commissioner, stated below, and that I will
not violate such requirements.
2. I am _______ years of age, having
been born on _____________at _____________________________Birthdate
BirthplaceSocia1 Security Number
3. I have been convicted of the
following offenses:
If yes, explain
4.
I will advise the Commissioner within two days if
I am convicted of any other offense.
Signature of Applicant
I. The Commissioner's work permit
is to be obtained by employee and given to employer
at time of commencing work, who shall keep it as long
as employee remains working at this establishment
after which the permit is to be surrendered to the
Delaware Alcoholic Beverage Control Commissioner by
the employer. In the event employee secures work at
another establishment, a new permit shall be applied
for and secured from the Delaware Alcoholic Beverage
Control Commissioner.
J. Employees under the age of nineteen
years shall not receive orders for, serve alcoholic
liquors, or be involved in the sale of alcoholic liquors
in any way. This prohibition shall not apply to persons
nineteen years of age or older who are employed in
an on-premises as listed in A.
K. Employees, not of the legal drinking
age, shall not work in any capacity behind a counter
at which alcoholic liquors are located, may not mix
alcoholic beverage drinks or draw beer from its dispenser.
L.
Effective Date. The effective date of this rule shall
be on July 1, 1984.
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RULE
# 7.1
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SUBJECT:
EMPLOYMENT OF MINORS IN STORES
A. Purpose and Scope.
This rule implements the provisions of 4 Del. C. §904(m).
B. Statute. Section 904(m), Title 4, Delaware Code,
provides:
(m) Nothing in this Section
shall prevent the employment in a store by a retailer
of anyone who has reached the age of 18 years, under
such conditions as the Commissioner may by rule prescribe;
provided, however, that no such minor shall sell or
serve alcoholic liquor.
C. Definitions.
(1) "Retailer"
means the person permitted to sell alcoholic liquors
in a store in the State, not for consumption on the
premises. 4 Del. C. 4 §101(27) (1978 Suppl.].
A natural person who is a sole proprietor, general
partner, or owner of 25 percent or more of the issued
and outstanding stock of a package store shall be
considered as a "person" within the meaning
of §101(27), for purposes of this Rule.
(2) The term "sell or
serve alcoholic liquors" means acting in any
manner toward a consumer which encourages, induces,
or fosters the sale of any goods, whether or not they
contain alcoholic liquor. The term includes, but is
not limited to, advising consumers on the selection
of goods, delivery of goods to consumers before payment,
and ringing up sales. The term does not include stocking
shelves, affixing price labels, and other acts not
requiring direct contact with consumers, nor does
it include assisting consumers in carrying parcels
from the store. A minor shall not at any time be permitted
unaccompanied access to the premises.
(3) The term "store"
means an establishment licensed by the Commissioner
only for the sale of alcoholic liquors for consumption
off of the premises where sold.
D.
Permits Required; Standards.
(1) No retailer shall employ
a person under the age of 21 in their store unless
the person under 21 shall first have been approved
by the Commissioner and received a permit to work
in the store.
(2) The permit required by
subparagraph (1) shall be issued upon application
showing that:
(a) The applicant is 18 years of age or older;
(b) The applicant is a mature and responsible person;
and.
(c) The applicant has sot been the subject of any
judicial or administrative proceedings by any federal,
state or local governmental agency involving:
(1) Violations of laws or regulations respecting controlled
substances;
(2) Violations of laws or regulations respecting alcoholic
liquors; or
(3) Violations of criminal statutes carrying a penalty
of incarceration of more than 1 year, whether or not
a sentence of imprisonment was actually imposed.
(3) Permits shall continue
in full force and effect until the holder attains
the age of 21 years, unless sooner revoked.
E. Application for Permit; Contents; Procedure.
(1) Any person who has reached
the age of 18 years may apply to the Commissioner
for a permit to work in a store.
(2) The application shall
state:
(a) The name, address, telephone number, Social Security
number and date of birth of the applicant;
(b) The name, address and telephone number of the
applicant's parents;
(c) The name and address of the store where the applicant
will be employed;
(d) The name and address of the high school most recently
attended by the applicant;
(e) Any and all arrest and criminal or juvenile charges
against the applicant, and their disposition, and
all school disciplinary actions involving the applicant;
(f) The names, addresses and telephone numbers of
3 character references, who shall not be related to
the applicant.
(3) The application shall
be signed by the applicant, at least one parent, and
an approved owner of the store.
F. Approval of Application. The Deputy Commissioner
may approve or disapprove applications. An applicant
may appeal disapproval to the Commissioner.
G. Violations. A violation of this rule shall,
in addition to any other penalty provided by the Liquor
Control Act or these Rules, be punished by revocation
of the applicant's permit, and such permit holder
shall not be permitted to be employed thereafter under
the provisions of this Rule or Rule 7.
H. Effective Date. This Rule shall be effective
August 30, 1981.
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RULE
# 8
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SUBJECT:
A RULE GOVERNING TAXES PAID ON WINE, CIDER, SPIRITS,
AND BEER ENTERING
THE STATE OF DELAWARE
I.
Purpose and Scope:
A. To have a uniform and
accountable information system from Delaware importers
and out-of-state suppliers in regard to wine, spirits,
and beer.
B. To include Bond
Alcohol in with the reporting and tax payment procedures
for all wine, cider, spirits, and beer.
C. To clarify the procedure for Delaware Importers
to report and take tax credits for transfers, returns,
breakage and sales to federal instrumentalities.
D. To clarify the procedure for bringing alcoholic
liquor into the state of Delaware other than through
regularly licensed importers.
II.
Definitions:
A. PURCHASES: Means when the merchandise has
been unloaded on the premises of the licensee and
receipt acknowledged by signing the waybill.
B. PORT OF ENTRY: Means the initial place,
airport, UPS terminal, or supply point for final distribution
and delivery to the individual's home within Delaware.
C. IMPORTER: Means wholesaler.
D. COMMISSIONER: Means the Delaware Alcoholic
Beverage Control Commissioner or Designee, the Division
of Revenue.
E. WINE, CIDER, SPIRITS, BEER: Means all alcoholic
liquor to include bond alcohol as well as non-bond
alcohol.
III.
REPORTING PROCEDURES FOR THE SHIPMENT OF WINE, CIDER,
SPIRITS, AND BEER INTO THE STATE OF DELAWARE:
A.
Licensed Importers:
1. Each licensed importer, when placing an order with
a supplier, shall mail or electronically transmit
directly to the supplier a true copy of the numbered
purchase order showing the quantity, variety and size
of container for each alcoholic liquor ordered. These
purchase orders are to be provided on demand when
requested by the Commissioner.
2. Each licensed importer, shall record for the Commissioner
by the close of business on the last calendar day
of the month all purchases of wines, cider, spirits,
and beer. This report shall show the importer purchase
order number, supplier invoice number, amount of cases,
exact gallonage for wine, cider, and spirits, and
exact barrelage for beer. Each page shall be sub-totaled,
except the last page, which shall show a grand total.
This report shall be submitted to the Commissioner
by the last business day following the last calendar
day of the reporting month, except for the month of
May. The May report will be due by the 15th of June.
3. If there is a variance between the supplier sales
report in B-1 below and the importer purchases report
in III-A-2 above, a full explanation will be required
from both the supplier and the importer and a fine
can be imposed on that supplier and/or importer.
B. Licensed Out-of-State Suppliers:
1. . Each licensed supplier shall record for the Commissioner
by the close of business on the last calendar day
of each month all shipments of wine, cider, spirits,
and beer into Delaware. This report shall be submitted
to the Commissioner by the fifteenth day following
the last calendar day of the reporting month. This
report shall show the supplier invoice number, the
importer purchase order number, date shipment was
made or sent, number of cases and/or barrels and total
amount in gallons or in barrelage, or both. This report
shall have attached any credit invoices and/or memos
issued for returns or transfers relating to the Delaware
importer for that month. This information must be
in the same form as stated above in this paragraph.
A fine can be imposed on that supplier for failure
to send any credit invoices and/or memos. If there
were not any shipments made to Delaware, then the
report must state "NO SHIPMENTS FOR THE MONTH
OF". If the supplier does not send the monthly
report, a fine can be imposed by the Commissioner
on that supplier. If the purchase order number does
not appear on the report or correspond with the importer
purchase order number, then a fine can be imposed
on that supplier and/or the importer.
2. Although it is not required that sales invoices
be sent with the supplier's monthly report, sales
invoices are to be provided on demand when requested
by the Commissioner.
IV. PROCEDURES
FOR TAX PAYMENTS AND TAX CREDITS:
A. Tax Payments Due From Importers:
1. Tax due the state of Delaware on the purchases
reported in Paragraph III-A-2 above, shall be verified,
computed, and paid by cash, money order, or check
by the last business day of the calendar month in
which it is required to be reported except for the
month of May. The May tax payment must be paid by
the fifteenth day of June, and if the date falls on
a Saturday or Sunday, the next business day of the
calendar month.
2. Any beer, spirits, wines or cider on which the
Delaware tax has not been paid in accordance with
this rule shall be seized by the Commissioner.
B. Tax Credits:
Tax credits for transfers, returns, breakage, and
sales to federal instrumentalities must be taken in
the month that they occur. Claims for tax credits
must be presented to the Commissioner on "DELAWARE
IMPORTERS TAX CREDIT REPORT", and must include
copies of invoices or other documentation verifying
each claimed credit. These reports must be filed with
the "CERTIFIED STATEMENT OF WINES, CIDER, SPIRITS,
AND BEER PURCHASES REPORT" due on the last business
day following the last calendar day of the reporting
month. No pre-approval is required in order to take
a credit against taxes due, provided that the importer
fully complies with the above reporting requirements
and stipulations set forth below:
1. Transfers and Returns: The Delaware importer will
list each transfer/return on the monthly Tax Credit
Report and attach an invoice showing the brand, size,
type and the amount of alcoholic liquor shipped in
gallons or barrelage.
2.
Breakage: Tax credit on breakage requires a verification
memorandum from the importer to the common carrier,
which must be submitted with the monthly Tax Credit
Report. No credit will be allowed on less than full
case lots; and, should continuous breakage occur,
a penalty equal to 150 percent of the importers cost
shall be levied against the supplier. No tax credit
shall be allowed for post delivery breakage.
3.
Sales of Beer to Federal Instrumentalities: The Delaware
importer will list all sales of beer to an instrumentality
of the Armed Forces of the United States on the monthly
Tax Credit Report. Copies of invoices must be attached
showing the brand, size, type and the amount in gallons
or barrelage of beer shipped.
All tax credits are subject to verification by the
Commissioner, and will be disallowed if the proper
documentation is not submitted with the monthly "DELAWARE
IMPORTERS TAX CREDIT REPORT".
V. AN
INDIVIDUAL BRINGING ALCOHOLIC BEVERAGES INTO DELAWARE:
Any
individual wishing to bring into the state of Delaware
alcoholic liquor which is not available through regularly
licensed importers must:
A. Notify and receive approval from the Commissioner
a letter of intent, and identifying the "Port
of Entry", date of arrival and cost.
B. Ship by common carrier to a "Port of Entry".
The common carrier must have a bill of lading with
type of items, size, brands and amounts on it.
C. Notify the Commissioner that the shipment of alcoholic
liquor has arrived and have an agent from the Alcoholic
Beverage Control Commissioner inspect, validate, and
approve said merchandise.
D. Pay the Delaware state tax and 25% enforcement
fee which will be computed on the value of the alcoholic
liquor. After making payment, the consignee will receive
two copies of the realized purchase order.
VI. EXCEPTIONS:
A. This rule shall parallel federal regulations in
that U.S. citizens are allowed to bring into the state
of Delaware up to one liter per day of alcoholic liquor,
days not cumulative.
B. Any adult non-resident who is in transit and shall
stay not more than 72 hours in Delaware is allowed
to have tax free four liters of alcoholic liquor.
C. Any adult non-resident who shall stay longer than
72 hours in the state of Delaware is allowed to bring
in up to one liter of alcoholic liquor.
D. Diplomatic, consular, and other privileged personnel
have the privilege of importing alcoholic liquor free
of tax.
VII.
A GUIDELINE FOR METRIC GALLONAGE CONVERSION TABLES:
A. To ensure that all liquor excise taxes are determined
in a uniform manner, the use of a standard conversion
table for commonly used container sizes of spirits
and wines based upon the conversion factors used by
the U.S. Department of Treasury is to be used.
B. The official factor for spirits is one liter =
.26417 gallons.
c. The Delaware tax in 4 Del. C., §581, for beer
provides a per barrel (31 U.S. gallons) tax computation.
VIII EFFECTIVE
DATE:
The effective
date of this rule shall be February 1, 1997
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RULE
# 8.1
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SUBJECT:
A RULE GOVERNING THE SHIPMENT AND STORAGE OF ALCHOLIC
LIQUORS BY SUPPLIERS AND WHOLESALERS.
I.
History
This rule was enacted in its original form on September
1, 1983, and established guidelines for the importation,
delivery, and interstate shipment of alcoholic liquor
by licensed importers. Prior to 1983, the content
of this rule had been part of Rule 8, enacted by the
Commissioner on February 1, 1960.
On February 1, 1990, the Commissioner amended Rule
8.1 by removing the restriction on the use of separate
business entities, owned by one or more licensed importers,
to store and transport alcoholic liquor for licensed
importers.
Since November 1965, the hours during which importers
can deliver alcoholic liquor have been governed by
Rule 10. In order to consolidate the rules regulating
importers, the provisions of Rule 10 have been merged
into the current revision of Rule 8.1, thereby allowing
the Commissioner to repeal the present Rule 10 dated
February 2, 1967.
II. Purpose
This amended rule is promulgated, in part, pursuant
to the Commissioner's authority to regulate time,
place, and manner in which alcoholic liquor is sold
or dispensed, and provides regulations for the marking
of vehicles used by licensed importers for the transportation
of alcoholic liquor. It also establishes standards
for the distribution of alcoholic liquor by importers
to establishments licensed by the Commissioner for
the sale of alcoholic liquor. 4 Del. C., Section 304
(A)(1)(2)
In addition, the Commissioner has found, pursuant
to its authority, to promulgate rules and regulations
necessary for the enforcement and furtherance of the
objectives of 4 Del. C., Section 501,
that all alcoholic liquor imported into this state
must be unloaded and physically stored for a reasonable
period of time to allow for enforcement of the regulatory
provisions of the Liquor Control Act and Commissioner
Rules. 4 Del. C., Section 501(e). This
rule, therefore, implements and clarifies 4 Del.
C., Section 501 (f) as to what period of time
alcoholic liquors must be physically stored after
it is unloaded in order to comply with 4 Del.
C., Section 501 (f) and all other provisions
of Title 4, the Liquor Control Act, and the Commissioner
Rules and Regulations promulgated thereto.
Specifically, the Commissioner has found that seventy-two
(72) hours is a reasonable "at-rest" period
of time to enable the Commissioner to carry out its
statutory duties to inspect and inventory licensed
Delaware warehouses pursuant to 4 Del. C., Section
304 (A) (2) (3) and (5) and 4 Del. C., Section 581(c),
which the Commissioner has found to be in furtherance
of the objectives for 4 Del. C., Section 501 (f).
III. Definitions: As Used in this
Rule
A. "Supplier" may be a
brewery, winery, distiller, alcoholic beverage importer,
or alcoholic beverage broker that sells alcoholic
beverages to importers of the State of Delaware. A
supplier's organization may be located within or without
the State of Delaware.
B. "Importer" shall mean
wholesaler and shall be located within the State of
Delaware.
C. "Establishment" means
any place located physically in this state where alcoholic
liquor of one or more varieties is stored, sold, or
used by authority of any law of this state, or where
alcoholic liquor of one or more varieties is manufactured
by virtue of any law of this state.
IV. Procedures
A. Importer's vehicles, in which
alcoholic beverages are shipped into and throughout
Delaware, shall have painted on both of their sides
the name of the importer and the words "Delaware
Alcoholic Beverage Control Commissioner - License
Number ........." (Insert the importer's license
number) in letters at least two inches high, uncovered,
and clearly visible.
B. When shipments for one or more
importers are made in vehicles other than those owned
by an importer licensed by the Commissioner, then
both sides of the vehicle used for conveyance of alcoholic
beverages to or from the importer's warehouse, shall
have a sign attached bearing the words, "Delaware
Alcoholic Beverage Control Commissioner License Number
.........." (Insert the license number of each
importer shipping goods on such vehicle) in letters
at least two inches high, uncovered, and clearly visible.
C. Vehicles owned by suppliers in
which alcoholic beverages are shipped into Delaware,
need not have the name of the Commissioner or the
Delaware licensed importer's license number affixed
to the side of the vehicle.
D. Vehicles owned by all suppliers
shall not be used for delivery of alcoholic beverages
to retailers in the State of Delaware, except it shall
not be unlawful for importers to have suppliers' trucks
if:
1. The importer gives evidence of
such hiring to the Commissioner.
2. Delivery shall be made under the
supervision of an employee of the importer, who shall
accompany the vehicle and be responsible for the delivery
complying with the law and regulations of the Commissioner.
Such vehicle shall have the proper signs affixed thereto.
E. No peddling shall be allowed.
Definite orders for all alcoholic beverages shipped
from an importer's warehouse shall have been received
from customers before the loaded vehicles leave the
warehouse.
F. No alcoholic beverages in excess
of that ordered shall be carried on the vehicles.
G. A statement showing the destination
of each package of alcoholic beverages shall be furnished
the driver and carried by him over the route.
H. Upon the driver's return to the
warehouse, he shall sign the statement showing the
alcoholic beverages have been delivered to the destination
listed. This statement shall be available for inspection
by the Commissioner at all times.
V. Importers' Warehouses
A. Importers may have one or more
warehouses in different locations within the State
of Delaware provided proper application for such extra
warehouse(s) is filed and approved by the Commissioner.
B. The person in charge of an importer's
warehouse must be approved by the Commissioner.
C. All importers' warehouses used
for the storage of alcoholic liquor, except public
cold storage establishments, must be either owned
or rented directly by the importer or a business entity
in which the importer maintains complete ownership
or shares ownership with another licensed importer.
The person in charge of the importer's warehouse is
to be upon the regular salary list or payroll of such
importer.
D. The importer is responsible for
ensuring compliance with the Liquor Control Act and
Commissioner Rules at all premises licensed in its
name by the Commissioner.
VI. Hours of Delivery
A. Delivery trucks and other vehicles
of an importer, licensed by the Commissioner for the
delivery of alcoholic liquor to licensed retail establishments,
may leave the warehouse after seven o'clock in the
morning on any day when deliveries of alcoholic liquors
are permitted; provided, however, that no actual delivery
of beer, spirits, or wine to any licensed establishment
is permitted before nine o'clock in the morning.
B. Delivery trucks or other vehicles may
operate as late as necessary to properly deliver orders;
provided the trucks or other vehicles leave the warehouse
prior to five-thirty o'clock in the afternoon, other
than during the period from December 10 to December
31 when the trucks or other vehicles shall be permitted
to leave the warehouse prior to eight o'clock in the
evening.
C. There shall be no delivery of
beer, spirits, or wine on any holiday specified in
Title 4, Del., _C., Chapter 7, Section 709 (e).
D. Deliveries of alcoholic liquor by importers,
or their authorized representatives, to retail establishments,
at any time not permitted by this rule is prohibited.
VII. The "At-Rest Requirement"
[4 Del. C., Section 501(d)]
A. A licensed Delaware importer
shall not import alcoholic liquor into the State of
Delaware unless said alcoholic liquor is delivered
directly from a Delaware licensed supplier by either
the supplier, the importer, or common carrier to a
licensed Delaware warehouse or warehouses.
B. . Said licensed Delaware warehouse
or warehouses must be owned, leased, or operated in
accordance with Section V. (C) of this rule.
C. All alcoholic liquor delivered
to said warehouse or warehouses must be unloaded and
physically stored for a period of at least seventy-two
(72) hours.
D. The minimum period of seventy-two
(72) hours "at rest" is required to enable
the Commissioner, or its enforcement officers or agents,
to inspect and inventory wholesale warehouses for
the purpose of verifying taxes that are required to
be paid on alcoholic liquor purchased by importers,
pursuant to 4 Del. C., Section 581(a) and Delaware
Alcoholic Beverage Control Commissioner Rule 8.
E. Variances of the seventy-two
(72) hour storage requirement may be granted for good
cause if formally made in writing and submitted to
the Executive Secretary of the Commissioner. The Commissioner
may then ratify the Executive Secretary's grant of
said variance at the next regularly scheduled Commissioner
meeting.
VIII. Inspections and Inventories
Pursuant to 4 Del. C., Section 304 (A)
(2) and (5) and 4 Del. C., Section 581
(c), the Commissioner, its enforcement officers and
agents may inspect the establishment of any licensed
Delaware importer and inventory any or all alcoholic
liquor in the importer's possession at any time the
Commissioner deems reasonable and necessary to carry
out its statutory duties to verify the reporting and
collection of taxes payable to the State of Delaware.
IX.
Interstate Shipments
A. Every person in charge of transportation
by motor vehicle, by railroad, by water vessel, by
common carrier, or by any other vehicle that transports
alcoholic beverages in or through the State of Delaware
in an interstate shipment shall have a way bill. The
carrier must have in his possession the way bill and
be prepared to present it when asked.
B. The way-bill shall embody these
written or printed terms:
1. The date of its issue.
2. The name and address of the consignor.
3. The name and address of the consignee.
4. A statement as to whether the
goods will be delivered to a specified person or to
the order of a specified person.
5. A description of the package,
stating the number and contents.
6. The signature of the carrier
or his duly authorized agent.
X. Severability
If any provision of this Rule shall be declared invalid,
the remaining portions of this Rule shall remain valid
and effective.
XI. Effective Date
This Rule shall be effective on
May 1, 1991.
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RULE
# 9
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SUBJECT:
RULE REGARDING THE PAYMENT OF TAX
No
person shall purchase, receive, transport or keep
in his possession any alcohol, spirits, wine or beer
unless the tax shall have been paid as provided by
Delaware laws and Rule No, 8.
EFFECTIVE:
February 1, 1960
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RULE
# 10
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SUBJECT:
HOURS DURING WHICH IMPORTERS AND MANUFACTURERS
MAY DELIVER ALCOHOLIC LIQUOR IN THE STATE OF DELAWARE
REPEALED
Note: Incorporated
into Rule 8.1
EFFECTIVE: May 1,
1991
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