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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 # 21

SUBJECT: A RULE PROVIDING SPECIFICATIONS FOR ALL ON-PREMISES ESTABLISHMENTS

Before issuance of a license or renewal of license to sell alcoholic liquor in an on-premises establishment, the premises must be approved as to condition by the Commissioner through an inspection by the Enforcement Section or other employees of the Commissioner staff.

The following general rules shall govern with respect to on-premises establishments:

1.    Each dispenser of alcoholic beverages shall bear the name of the product dispensed there from.

2.    Separate restrooms for men and women available to the public as approved by the Commissioner.

3.    On-premises establishments shall maintain standards consistent with the requirements of the Division of Public Health or the appropriate local agency having similar jurisdiction in the service of drinks and food, if applicable, including normal standards of cleanliness and shall have proper facilities for the cleansing of reusable utensils, glasses, dishes, etc.

4.   All areas where alcoholic liquor is sold, served, dispensed or consumed shall be visible from the outside and shall be sufficiently lighted so as to permit the viewing of persons on the premise at all time that patrons and/or employees are on the premises, whether during or outside of normal operating hours.

a.    The provisions of this section shall not apply to the rooms of a hotel.
b.    The Commissioner may, for cause and upon request, grant a variance to the requirement.

5.    If other parts of the building in which an on-premises establishment is located are occupied as living quarters, there shall be no doors communicating with the licensed areas unless authorized in writing by the Commissioner:

6.    An accurate clock shall be installed in each area where alcoholic liquor is regularly dispensed.

7.    Adequate, separate and secure storage facilities approved by the Commissioner must be available on the licensed premises for the storage of all alcoholic liquors for establishments operating during prohibited hours of sale.

8.    The standard hours of operation must be as required by the Liquor Control Act or local ordinance unless a variance is granted by the Commissioner in writing. The hours of operation for restaurants, hotels and dinner theaters are outlined in Rule 19.

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 the 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 women of the risk of birth defects from the consumption of alcoholic beverages, Rule 21, paragraph 12 and the posting of the hours of business, Rule 21, paragraph 9) may not be displayed 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 postings of any type (with the exception of the legal drinking age notice, Rule 21, paragraph 11, and the hours of business Rule 21 paragraph 9) may not be displayed within two feet of the decal warning pregnant women of the risk of birth defects from the consumption of alcoholic beverages.

13.    The license for the current year must be posted in a conspicuous place on the licensed premises.

14.    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 # 22
SUBJECT: A RULE PROVIDING CERTAIN REQUIREMENTS FOR TAVERNS, RESTAURANTS, TAPROOMS, CLUBS, HOTELS, RACE TRACKS, DINNER THEATERS, RAILROADS AND BOATS.

   All alcoholic liquors shall, within one-half hour after legal sales of alcoholic liquors cease, be placed in adequate storage facilities out of reach of patrons.

   No holder of a restaurant, club, or hotel license, who offers for sale in his licensed premises, commodities or services other than alcoholic beverages, shall remain open during hours when the sale of alcoholic beverages is prohibited, unless he shall keep all alcoholic beverages upon the premises in a separate beverage department, or in cabinets provided for storage of same, which shall be securely closed and locked during the hours when sale of alcoholic beverages is prohibited.

EFFECTIVE DATE: OCTOBER 24, 1974

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 23
SUBJECT: A RULE GOVERNING THE TIME AND MANNER IN WHICH ALCOHOLIC LIQUOR MAY BE SOLD, SERVED OR DISPENSED IN A TAPROOM AND REGULATING THE BUSINESS CONDUCTED THEREIN

   All rules and regulations of the Commissioner and all provisions of the Liquor Control Act now in force specifying the time and the manner in which alcoholic liquor may be sold, served or dispensed in a restaurant and regulating the business conducted therein, shall apply to and govern all establishments licensed as taprooms and the persons in charge thereof, insofar as the same may be applicable thereto.

Effective Date: February 1, 1960

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 24
SUBJECT: CLUB MEMBERS, MULTIPLE ACTIVITY CLUB MEMBERS AND SALES OF ALCOHOLIC LIQUOR IN EACH SUCH CLUB

A.    CLUBS

   Except as provided herein, a license for the sale of alcoholic liquor by a club authorizes the sale of such alcoholic liquor to club members only. A member of a club is defined by Section 101, Chapter 1, Title 4, Delaware Code of 1953, as follows:

   ""Member of a club" means an individual who, whether as a charter member or admitted in accordance with the rules or the by-laws of the club, has become a member thereof, who maintains membership by the payment of dues in the manner established by the rules or by-laws, and whose name and address is entered on the list of members supplied to the Commissioner at the time of the application for a license under Chapter 5 of this Title, or, if admitted thereafter, within eight days after admission and payment of dues, if such dues are required. The Commissioner is authorized to extend the meaning of the words "member of a club" to include those who are granted temporary membership or membership of less than one year in accordance with a rule or by-law of the club approved by the Commissioner.

   A guest may consume alcoholic liquor at a club provided that at all times he is on the licensed premises the host member of the club who introduced him also remains on the licensed premises and pays for the alcoholic liquor.

   A temporary member may purchase alcoholic liquor at a club. No club shall issue temporary memberships without first receiving written approval from the Commissioner. In requesting such approval, the club shall state to the Commissioner the purpose of temporary memberships, the conditions under which such memberships will be issued and file with the Commissioner a certified copy of the rule or by-law of the club which pertains to such memberships.

   Guests, immediately upon entrance to club premises, shall be registered in a guest book by name, date of visit and the name of their host. A club shall keep the guest book for a period of one year after the date the visit and make it available to the Commissioner upon reasonable request.

   If the club in the form of a lodge desires menders of subordinate lodges under the same grand lodge to have the privilege of buying alcoholic liquor at their club, this may be done by the lodge passing a resolution granting the privileges of the club to members of other subordinate lodges, providing such member presents his card indicating his membership in such subordinate lodge. A record shall be kept of the names of such members of subordinate lodges to whom such privileges are extended.

B.    MULTIPLE ACTIVITY CLUB

   A license for the sale of alcoholic liquor by a multiple activity club to persons who are guests of that club or of a member of that club is in addition to its license as a club which authorizes the sale of alcoholic liquor only to members of the club.

   A member of a multiple activity club is defined by Title 4, Delaware Code, Section 101 as follows:

   "Member of a Club" which is a multiple activity club means a person who, pursuant to the charter, by-law or rules of the club, is a member in good standing of that club and whose name and address is supplied in writing to the Commissioner by the club within eight days after his admission to membership, or a person why holds a temporary membership in such club, pursuant to a charter provision, by-law or rule approved by the Commissioner.

   A guest of a multiple activity club or a member of such a club shall register prior to or immediately upon entrance to club premises as a guest under a charter provision, by-law or rule of the club approved in advance by the Commissioner. Registration of a guest requires that the name of the guest and the date of the visit be included in a register open to the inspection of the Commissioner which states the facilities of the club that are open to such person and the time period for which the person is to be a guest. The multiple activity club shall keep the guest book for a period of one year after the date of the visit and make it available to the Commissioner upon reasonable request

EFFECTIVE: February 17, 1971

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 25
SUBJECT: A RULE DEFINING THE METHOD TO BE FOLLOWED BY A CLUB IN SECURING A LICENSE FOR THE SALE OF ALCOHOLIC LIQUOR FOR CONSUMPTION OFF THE PREMISES AND TO WHOM SUCH SALES CAN BE MADE

   Section 516, Chapter 5, Title 4, Delaware Code of 1953 reads partially as follows:

    “Any person in charge of * * * club*** may apply for a license to purchase*** and to keep and sell and deliver on the premises only spirits, wine or beer by the bottle or half-bottle only, but not for consumption on the premises where sold, or in any dependency thereof.”

    There is no reference to the cost of granting a license to a Club for the sale of alcoholic liquors to be consumed off the premises.

    It is the ruling of the Commissioner that a license may be granted to a club for the sale of alcoholic liquors to be consumed off the premises and that the license if granted will be granted without payment of any money therefore, provided the provisions of Section 516, Chapter 5, Title 4, Delaware Code of 1953 are followed so far as the quantities so sold and delivered are complied-with.

    Sales of alcoholic liquor under the license granted to Clubs for consumption off the premises shall be made to members only.

Effective: February 1, 1960

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 26
SUBJECT: A RULE REGULATING THE SALE OF ALCOHOLIC LIQUOR BY CLUBS AND IT'S POSSESSION BY MEMBERS

REPEALED

Effective: May 1, 1986

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 27
SUBJECT: ADVERTISING AND PROMOTION OF ALCOHOLIC LIQUOR



I.    Purpose

    The Commissioner recognizes that responsible advertising of alcoholic liquor by licensees constitutes a proper medium of information to the general public. Advertising, however, which is deceptive or misleading to the consumer or general public is contrary to the public interest and is not conducive to the proper regulation and control of alcoholic liquor. The Commissioner finds that advertisements of any kind which tend to promote the mistaken belief that groups of package stores are being operated as a liquor store chain or jointly owned or operated are misleading and deceptive

    It is the considered judgment of the Commissioner that, in the absence of appropriate notification to the public, joint or group advertisements listing the names and addresses of multiple licensees and containing a common symbol or name, and related practices involving the use of such common symbol or name, may:

A.    Create the mistaken impression that the licensees are a chain enterprise or are jointly owned, operated, or controlled.

B.    Tend to deceive the consumer.

C.    Constitute misleading and deceptive advertising and offering of alcoholic beverages.

The purpose of this rule is to eliminate such deceptive or misleading advertising and related practices which contravene the provisions, intent, and purpose of the Liquor Control Act, the Delaware Code, and Commissioner Rules, and which deceive or tend to deceive the consumer and general public.

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.   Definition

The term "advertisement or promotion" includes any written or oral statement, illustration, or depiction which is intended to induce sales of alcoholic liquor or related services in the State of Delaware, whether it appears in a newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, mailer, book insert, catalog, promotional material, sales pamphlet, or any written, printed, graphic, or other matter accompanying the bottle, billboard, sign, other outdoor display, public transit card, other periodical, literature, publication, or in any radio or television transmission, or in any other media.

The term shall not include:

The label affixed to bottles of alcoholic liquors, individual covering carton, or other primary container, or

Any editorial or other reading matter, such as a press release, in a periodical, publication, or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by a licensee.

IV.   History

Prior to the current revision of Rule 27, joint advertising involving the use of common symbols, trade names, or logos was not permitted by the Commissioner. The Commissioner by promulgation of this rule is rescinding the prohibition on joint advertising or promotion of alcoholic liquor provided the procedures contained herein are satisfied.

V.    Applicability

This rule shall govern the procedure by which all licensees of the Commissioner advertise or promote the sale of alcoholic liquor within and without the state. In addition, this rule shall govern the procedure by which retail licensees may jointly advertise or promote the sale of alcoholic liquor.

VI.    Prohibited Acts

A.    No person licensed by the Commissioner shall sell or offer to sell alcoholic liquor by means of any advertisement or promotion including any statement, representation, symbol, depiction, or reference, directly or indirectly, which:

1.    Would reasonably be expected to induce minors to purchase or consume alcoholic liquor.

2.    Would reasonably be expected to induce any person to consume alcoholic liquor to excess

3.    Is illegal under any federal, state, or local law, or Commissioner rule

4.    Implies that the product is endorsed by any government by the use of flags, seals, or other insignia, or otherwise.
      
5.    Makes any humorous or frivolous reference to, or is suggestive of, the intoxicating effects of alcoholic liquor.

6.    Is false or misleading in any material respect, or implies that the product has a curative or therapeutic effect.

B.    No person, corporation, partnership, or other entity licensed by the Commissioner to sell alcoholic liquor shall engage in any deceptive or misleading advertising, or cause or permit his/her name to appear in, or be used in conjunction with, any deceptive or misleading advertisement or promotion of alcoholic liquor.

C.    No person, corporation, partnership, or other entity licensed by the Commissioner to sell alcoholic liquor shall engage in any restraint of trade or commerce of this state as prohibited by 6 Del. C., §2103.

VII.    Joint Advertising

A.    Any one or more package stores may, jointly or singly, advertise alcoholic liquor in accordance with this rule. However, if such advertisement contains (a) the name, trade name, trademark, insignia, symbol, or logo-type of any unlicensed person, corporation, cooperative advertising group or business entity, or (b) any trade name, trademark, insignia symbol, or logo-type not belonging exclusively to one participating package store licensee, then such advertisement shall also prominently feature in bold print that is equal or larger in size than the print used elsewhere in advertisement, the following statement:

THE STORES LISTED IN THIS ADVERTISEMENT ARE INDEPENDENTLY OWNED AND OPERATED. THEY ARE NOT PART OF A CHAIN AND ARE NOT A COOPERATIVE SALES GROUP.

B.    At the time of its publication, any joint advertising which does not reflect the actual price of the products being offered for sale by the participating package stores must state in bold print, equal or larger in size than the print used elsewhere in the advertisement, that ”prices may vary at any of the listed stores” or ”prices in this advertisement may not be available at all listed stores.”

VIII.    Signs on Licensed Premises

No package store licensee shall display any sign on the exterior or in the interior of a licensed premises which contains or advertises:

1.    The name, trade name, trademark, symbol, or logo-type of any other retail licensee, or of any unlicensed person, corporation, cooperative advertising group or business entity, or

2.    Any trade name, trademark, insignia, symbol, or logo-type not belonging exclusively to such licensee, unless there is prominently posted, at or near each public entrance, check-out counter, and cash register a sign containing the following statement:

NOTICE TO CONSUMERS:

THIS STORE IS INDEPENDENTLY OWNED AND OPERATED. IT IS NOT PART OF ANY CHAIN OR COOPERATIVE SALES GROUP.

IX.    Variances

The Commissioner may grant variances to this rule, upon a showing of good cause, to licensees adversely affected by it, under such terms and conditions as the Commissioner deems appropriate

X.    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.

XI.    Effective Date
The effective date of this rule shall be June 1, 1992

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 28
SUBJECT: A RULE REGARDING THE TRANSFER OF A LICENSE


REPEALED


Effective: May 1, 1986

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 29

SUBJECT: REGULATION OF PRICES AND POST-OFFS BY WHOLESALERS

This regulation shall govern the procedure by which all licensed wholesalers notice prices, post-offs, and quantity discounts of alcoholic liquor offered for sale to licensed Delaware retailers. The sale of all alcoholic liquor in Delaware by wholesalers to retailers must conform to the provisions of this regulation. In addition, this regulation shall govern the procedure by which records relating to post-offs and quantity discounts are maintained.

29.1 Definitions

Designated Publication: Means the single publication agreed to be used by a majority of the licensed Delaware Wholesalers for the compilation of monthly price lists for all alcoholic liquor prices, post-offs, and quantity discounts offered for sale to Delaware licensed retailers. In the absence of a clear majority voting to change the existing publication, the publication will remain the publication that is in effect at the time of the vote.

Monthly Price List: Means the monthly price listing prepared by, or on behalf of, a Delaware licensed wholesaler for all alcoholic liquor prices, post-offs, and quantity discounts offered for sale to Delaware licensed retailers. The monthly price list shall contain the presumptive price, but may be superseded by any subsequent updated notification issued by the wholesaler, provided the Division is notified of the updated listing.

Post-Off: Means a reduction in the price regularly charged by wholesalers, as published to the trade, which is sold by wholesalers to licensed retailers.

Price: Means the amount of money given or set as consideration for the sale of a specified order of alcoholic liquor.

Quantity Discount: Means a reduction in the price regularly charged by wholesalers, as published to the trade, which is sold by wholesalers to licensed retailers and is based on whole or in part on the quantity of alcoholic liquor purchased.

Retailer: Means all establishments licensed by the Commission to sell alcoholic liquor directly to the public.

Updated Notification: Means notification of changes to prices, post-offs and quantity discounts made after the submission of the monthly Price List to the designated publication.

Wholesaler: Means licensed Delaware wholesaler.

29.2 Procedures for Providing Notice of Prices, Post-Offs, and Quantity Discounts

a. Every wholesaler shall prepare a monthly price list of all alcoholic products they intend to offer for sale during the next month. This monthly price list shall include regular prices, as well as post-offs and quantity discounts, if offered. The monthly price list shall be printed in a publication designated by a majority of licensed Delaware Wholesalers not less than five (5) business days prior to the end of the preceding month.

b. A copy of the monthly price list shall also be filed with the Division (via hard copy and/or electronically) when submitted to the designated publication. The prices stated therein shall be the “presumptive price,” subject to change, revision, substitution, or addition in accordance with the updated notification procedures set forth herein.

c. In the event of a change in the price from that set forth in the monthly price list, the wholesaler shall provide Updated Notification, to all licensed retailers, and to the Division (via hard copy and/or electronically) Updated Notification shall be made by a wholesaler to all licensed retailers via a recorded message, accessible through a toll-free “800" number, which can be accessed by any licensed retailer 24 hours a day to obtain information regarding current pricing of items being offered by the wholesaler. The “800” number will be updated every Monday by 10:00 A.M.: provided however, notwithstanding anything in this regulation to the contrary, that any wholesaler may change prices at anytime by mailing a pricing announcement to all retailers and the Division by U.S. mail. In the event of a conflict between the recorded message and the mailed notice, the lower price will control. In addition, the wholesaler shall advise the Division of prices offered in the “800" number at the time any change is made to the recorded message.

d. Upon Petition of an interested party, the Commission may approve an alternative procedure(s) for providing notice of prices, post-offs and quantity discounts where the petitioner demonstrates that (1) the alternative method is technologically feasible, (2) will provide sufficient notice of prices, post-offs and quantity discounts to Delaware retailers and to the Division, and (3) will not harm the public interest.

29.3 Procedures for Providing Notice of Prices for New Products

a. Prices of new brands, types, or sizes shall be effective after the wholesaler has given the required notice in writing to the trade industry, as follows:

  1. By mailing a pricing announcement directly to all retail licensees of the trade and the Division by United States mail, or
  2. By inclusion of prices in the monthly price list submitted to the designated publication as heretofore described, or
  3. By including notice thereof in the form of Updated Notification, as described in 29.2 (c) above.

b. Newly listed or changed prices shall continue from their effective date until changed by the wholesaler in accordance with the procedures established by this regulation. The duration of the prices set for post-offs and quantity discounts of new products shall be the effective dates listed in the new product pricing announcement, the monthly price list, and/or in the Updated Notification.

c. Alternative methods for providing notice of prices for new products may be approved by the Commission in the same manner set forth in paragraph 29.2 (d) of this regulation.

29.4 Duty of Wholesalers to Fill Orders

The procedure and regulations for licensed wholesalers who offer post-offs or quantity discounts to licensed retailers shall be as follows:

a. Licensed wholesalers shall not discriminate among licensed retailers in filling orders for post-offs or quantity discounts.

b. Licensed wholesalers must honor the orders placed by licensed retailers for post-offs and quantity discounts in the sequential order in which they are placed, unless excused from doing so by the Commission upon proof of good cause.

c. If a licensed wholesaler is unable to fill the first order of a retailer for a post off or quantity discount due to the depletion of its stock, the retailer shall have the option of having the order filled at the same price offered during the post-off or quantity discount period when stock is next available, or of purchasing a suitable substitute product of comparable value if the wholesaler chooses to offer a substitute product.

d. Licensed wholesalers shall deliver all alcoholic liquor products offered for sale as post-offs or quantity discounts to the purchasing licensed retailer within five (5) working days, not including weekends or legal holidays, of the last date that the post-off or quantity discount is offered.

e. Notwithstanding anything within this regulation to the contrary, offers of distressed items in quantities of more than 10 cases shall be made on a “first come/first serve” basis, subject to the requirement that Updated Notification of such post-off be given. Distressed items, excluding beer, in quantities of 10 cases or less shall not be subject to the Updated Notification requirements of these regulations and may be offered for sale to any retail licensee at the licensed wholesaler’s discretion. For purposes of this subsection: 1) a distressed item is an alcoholic beverage product subject to close-out and/or expiration, and 2) “first come/first serve” means that orders for alcoholic beverage products are filled in the sequential order by which the orders are received by the wholesaler.

29.5 Procedure for Recording the Sale of Alcoholic Liquor by Wholesalers

Every sale of alcoholic liquor, including post-offs, quantity discounts, and otherwise reduced prices, shall be recorded by the licensed wholesaler on a written invoice or bill of sale containing at a minimum the following:

  1. Name of the wholesaler
  2. Name of the retailer
  3. Date of sale
  4. Quantity of alcoholic liquor sold
  5. Price of alcoholic liquor sold
  6. Brand
  7. Size of container
  8. Date of delivery

The regular price of alcoholic liquor sold at post-off, quantity discount, or discount pursuant to Section 29.4 (d) above shall also be stated on the bill of sale or invoice, as well as the basis for the discount. All credit(s) associated with the sale of alcoholic liquor must be stated or affixed to the original bills of sale or invoices retained by the licensed retailer and wholesaler.

29.6 Tie-In Sales

A requirement by a wholesaler that a retailer purchase one product in order to purchase another is prohibited. This prohibition includes combination sales if one or more products may be purchased only in combination with other products and not individually. However, a wholesaler is not prohibited from selling at a special combination price two or more kinds or brands of products to a retailer, provided: (a) the retailer has the option of purchasing either or both products at the usual price, and (b) the retailer is not required to purchase any product he or she does not want. As to (a) and (b) above, wholesaler licensees shall not be required to sell or deliver beer to a retail licensee in quantities of less than five (5) cases.

29.7 Consortium Buying

a. Nothing in this regulation shall be deemed to preclude a wholesaler of alcoholic liquor licensed by the Delaware Alcoholic Beverage Control Commission from publishing or offering a discount, based upon the quantity of product purchased, to a pool, cooperative, or consortium of two or more licensed retailers, provided that the billing, shipment, transportation, and storage of all related alcoholic liquor conforms with state law and the regulations of the Commission. Similarly nothing in this regulation shall be deemed to require a wholesaler of alcoholic liquor to offer post-offs or quantity discounts.

b. The delivery of all alcoholic liquor purchased by a pool, cooperative, or consortium of retailers, to its members, must be made by the holder of a license issued by the Commission to deliver alcoholic liquor, as required by 4 Del. C., § 701.

29.8 Severability

If any part of this regulation 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.

29.9 Effective date

The effective date of this regulation shall be May 11, 1999.

Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

RULE # 30
SUBJECT: A RULE TO PROHIBIT "TIE-IN SALES" BY LICENSEES

REPEALED
EFFECTIVE :    June 1, 1992
NOTE: See Rule 29 regarding "Post-offs"' or "Tie-In Sales"  


Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act

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